State of Uttar Pradesh - Act
U.P. E-Court Fees Rules, 2016
UTTAR PRADESH
India
India
U.P. E-Court Fees Rules, 2016
Rule U-P-E-COURT-FEES-RULES-2016 of 2016
- Published on 19 February 2016
- Commenced on 19 February 2016
- [This is the version of this document from 19 February 2016.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I – Preliminary
1. Short title, extent, and commencement.
2. Definitions.
Part II – Appointment of central record keeping agency
3. Eligibility criteria for appointment of Central Record-keeping Agency.
- Any public Financial Institution, Indian Scheduled Bank, a Company engaged in providing depository services appointed by Central Government, a company recognized by the Government either individually or in consortium may be eligible for appointment as Central Record-keeping Agency.4. Appointment of Central Record-keeping Agency.
- The Appointing Authority shall select and appoint by notification a suitable agency to function a Central Record-keeping Agency for the State to implement the Computerization of Courts Fees Administration System in specified courts of the State as declared by the Appointing Authority from time to time, in the order as mentioned below, -5. Term of appointment.
- The term of Central Record-keeping Agency appointed under these rules shall be five years.6. Central Record-keeping Agency of execute Agreement and Undertaking and Indemnity Bond.
7. Termination of appointment of Central Record-keeping Agency.
8. Renewal of appointment of Central Record-keeping Agency.
Part III – Duties of the central record-keeping agency
9.
10. Commission allowable to the Central Record-keeping Agency.
11. Specification of software to be used by the Central Record Keeping Agency.
Part IV – Authorized Collection Centres
12. Appointment of authorized Collection center.
13. Eligibility criteria for appointment of Authorized Collection Centre.
14. Branches of Central Record-keeping Agency also to collect Court Fees.
- All the office/branches of the Central Record-keeping Agency in specified places of the State, as declared by Appointing Authority from to time, may collect the payment of Court Fees for which separate approval from the Appointing Authority under Rule 12 will not be required.15. Infrastructure.
- All such Approved Intermediaries shall be equipped with the required computers, printers, internet connectivity, and other related infrastructure, which is necessary to implement the E-Court Fees System as specified by the Central Record-keeping Agency from time to time.16. Cost of Infrastructure.
- The cost of providing equipment and infrastructure referred to in Rule 15 will be borne by the concerned approved intermediaries.17. State may specify Courts/Places to establish counter.
- State may specify Courts/places to establish counter for issue of E-Court Certificate.18. Termination of agency of Authorized Collection Centres.
- The Appointing Authority may at any time, for reasons to be recorded in writing, advice the Central Recordkeeping Agency to terminate the agency of any Authorized Collection Centre and the Central Record-keeping Agency shall on such advice terminate the agency of such Authorized Collection Centre.19. Minimum Value limit of E-Court Fees certificates.
Part V – Remittance of the Court-Fees to Government Account
20. Central Record-keeping Agency to deposit the Court Fees to Government Account and payment of commission to CRA.
Part VI – Procedure for issue of E-Court fees certificate
21. Application for E-Court Fees Certificate.
- A person desiring to pay Court Fees shall make an application in the prescribed Form to any of the branch of the Central Recordkeeping Agency or Approved Intermediaries with the requisite details for getting the E-Court Fees certificate.22. Mode of payment of Court-Fees.
- Payment of the amount of Courts Fees shall be made by Cash or Pay Order or Cheque or Bank Draft or Electronic Clearing System or Real Time Gross Settlement or any other mode of transfer of funds, as may be directed by the Appointing Authority.23. Issue of E-Court Fees certificate.
24. Authorized official issuing the E-Court Fees certificate.
- The Approved Intermediary shall ensure that the person assigned the duty of issuing E-Court Fees certificate is a duly authorized representative of the Agency or Institution and has suitable credentials.25. E-Court Fees certificates paper and printing.
- The printing of E-Court Fees certificate shall be done by non-washable permanent black ink on a durable paper or in a manner determined by the Appointing Authority.26. Details of E-Court Fees certificate to be on website.
- The details of issued E-Court Fees certificate shall be made available on the E-Court Fees website maintained by the Central Record-keeping Agency and shall be accessible to any person authorized by the Appointing Authority in this behalf including the Courts holding a valid User ID and password which shall be provided by the Central Record-keeping Agency.27. Payment of additional Court Fees.
- Any person who holds E-Court Fees certificate and is required to pay on additional amount of Court Fees, may make an application in the Form prescribed with payment of such amount of additional Court Fees to the Approved Intermediary.28. Issue of E-Court Fees certificate for additional Court Fees.
29. Re-Use of E-Court Fees certificate-prohibited.
30. Distinguished Unique Identification Number of the E-Court Fees certificate.
- A Distinguished Unique Identification Number of the E-Court Fees certificate shall be written or printed at the top of the document.31. Verification and locking the details of E-Court Fees certificate.
- Courts, after making the enquiry envisaged by the Act, shall verify the correctness and authenticity of the E-Court Fees certificate used in the document by accessing the relevant website of the Central Record-keeping Agency, to verify its unique identification number with the help of a bar code scanner. After such verification, the Courts shall lock the E-Court Fees certificate by using user ID Code and password provided by the Central Record-keeping Agency to prevent re-use of such certificate.The concerned officer shall not disclose the user ID and password provided by the Central Record-keeping Agency, and if the wrong and unauthorized use thereof results in a loss to the State Government, the concerned officer shall be held responsible for the same.Part VII – Refund of E-Court Fees
32. Procedure for refund of spoiled/unused/not required E-Court Fees certificate.
Part VIII – Inspections, Audit and Appraisal of the Performance of the System
33. Inspection of the Central Record-keeping Agency and the Authorized Collection Centres.
34. Schedule to be followed for making Inspections and audit.
- All or any of the branches/offices of the Central Record-keeping Agency and Approved Intermediaries in the State will be inspected and audited as per the schedule provided by the appointing authority.35. Central Record-keeping Agency/Authorized Collection Centre bound to provide information.
- During such inspection the Inspecting Officer or the expert/agency may require the Officer In-charge of the inspected branch/office to provide any information on soft and or hard copy of any electronic or digital record related to the collection and remittance of Court Fees relating to any period of same and the concerned Central Record-keeping Agency or Approved Intermediary shall provide such information or (sic on) priority basis.36. Submission of Inspection report.
- The Inspecting officer and the technical-cum-audit expert/agency shall submit inspection report mentioning the omissions, violations, delays or irregularities, if any, and give suggestions and recommendations to the Commissioner of Stamps.37. Commissioner of Stamps to take appropriate action.
- The Commissioner of Stamps on receipt of inspection report shall take appropriate action in the matter and may (if so warranted by the circumstances) make recommendation to the Appointing Authority, including imposition of penalty and/or termination of appointment of Central Record-keeping Agency or the agency Authorized as Collection Centre. If the Commissioner of Stamps is also authorized by the Government to function as Appointing Authority, he will take appropriate action in that capacity.38. Appointing Authority to take appropriate action.
- The Appointing Authority may, after giving a reasonable opportunity of being heard to the Central Record-keeping Agency or the Agency authorized as Collection Centre, take any appropriate action as it deems fit on the basis of the inspection technical audit report and the recommendations of the Commissioner of Stamps.Part IX – Penalty for Omissions and Violations
39. Penalty for delay in remittance to Government account.
- In case the Central Record-keeping Agency fails to remit the amount of collected Court Fees in proper Account Head of the State within the period stipulated in sub-rule (1) of Rule 20, the Central Record-keeping Agency shall be liable to pay penalty for the delay, besides the collected amount of Court Fees in the following manner -| Period of delay | Penalty | |
| (i) | When the amount of court fees so collected isremitted on third working day or after that day but on or beforeseventh working day from the date of collection; | (i) Amount equal to the commission payable tothe Central Record-keeping Agency; |
| (ii) | When the amount of court fees so collected isremitted after closing seventh working day from the date ofcollection. | (ii) In addition in to the penalty of imposedabove compound penalty of one per cent per day of the amount ofCourt Fees shall also be imposed from the first day of default. |