Section 607 in Civil Court Rules of the High Court of Judicature at Patna
607.
The following are the heads of account in the public accounts under which the money received and paid by Judicial Officers, or under their orders is classified [G.L. 3/64.]-(a)Civil including rent deposits and also compensation for land taken up for public purposes.Note. - Any sum deposited in Court under Section 379 (1) of the Indian Succession Act (XXXIX of 1925), with an application for a certificate or for the extension of a certificate, must be classed under Civil deposits. See Note 3 to rule 612.(b)Fines (judicial); refunds of the same.Note. - For refunds of fines, see rule 637.(c)Stamp duty and penalties realized in Court. Refunds of the value of Court-fee stamps.(d)Value of the unclaimed property of intestates and others credited to Government.Note. - The value of such property cannot be credited to Government until the time limited by law has expired (vide rule 692 post). For refund under heads (d) to (f), see rule 637.(e)Other general fees, fines and forfeitures, i.e., general forfeitures and forfeitures of earnest money of defaulting bidders.(f)Miscellaneous receipts, that is, sale-proceeds of forms in Civil Courts, and other items.Note 1. - Details of accounts credited as "other items" should invariably be furnished to the Treasury Officer.Note 2. - Service-books are sold direct from the treasury to parties requiring them. There can therefore be no cash receipts on this account.Note 3. - Other items will include deposit of the minor's money under the Guardians and Wards Act, whenever necessary.(g)Sale-proceeds of old stores and materials.Note 1. - Receipts under this head are credited to the head "XXV- Miscellaneous" in the Treasury Accounts.Note 2. - The Treasury Officer should invariably be informed of the nature of the items, i.e., whether furniture or stores, etc.(h)Peremptory receipts, i.e., witnesses' expenses, prisoners' diet-money, boat-hire, costs of adjournment, Amins travelling allowance, fees and expenses payable to Commissioners, daily fees payable under the rules for deputation of peons and other peremptory receipts.Note 1. - Money-orders for the payment of witnesses' expenses or of any other of the peremptory items falling under clause (h) shall be made payable to the Cashier of the Court to which the money is remitted. The Cashier will receive the money as provided in rule 617 and will deal with it as directed in rule 623. The number of the suit and other necessary particulars shall be entered in the coupon which is attached to all money-orders.Note 2. - The Civil Courts shall not receive postage stamps in payment of travelling and other expenses of witnesses.Note 3. - When a Government servant whose salary exceeds Rs. 10 per mensem is summoned to give evidence in his public capacity in a civil case to which Government is a party, all sums recovered under Order XVI, Civil Procedure Code, on account of his travelling and other expenses shall be credited to Government. In all other cases such expenses should be paid to him in full. Any sum ordered by the Court to be paid to a Government servant as actual travelling expenses incurred in attending Court not more than 5 miles from his headquarters shall in any case be paid to him.Note 4. - The fee and salary of the finger print expert for his services on behalf of a private party and also the fee for enlargement of finger prints shall be recovered in cash in advance and dealt with as peremptory receipts. All sums so received shall be paid by the cashier into the treasury as receipts of the Police Department. A chalan in quadruplicate shall be separately prepared, of which one copy shall be kept in the Court, another forwarded with the cash to the treasury, the third sent to the office of the Deputy Inspector-General of Police, Criminal Investigation Department and the fourth retained by the Accountant. A copy of the chalan on account of the consultation fee and fee for photographic enlargements will accompany the documents sent for examination and a copy of the chalan showing deposit of the cost for additional photographic enlargements (referred to in rule 412) if required and the fees and salary of the expert together with a certificate to show that the expert's travelling allowance has been deposited in Court will accompany the requisition requiring the expert's services.Note 5. - Landlord's registration fees and cost of transmission levied under sections 13 (1) and 26A (2) of the Bihar Tenancy Act, VIII of 1885, as amended from time to time, shall be received in cash and dealt with as peremptory receipts. Every sum so received shall, on receipt by the Cashier, be forthwith paid in separately by him, into the Treasury as a Revenue deposit to the credit of the Collector. One copy of the chalan shall be made,over by the Cashier to the Court into which the amount was paid to be filed with the record of the case to which it relates and a duplicate copy of the chalan shall be sent to the Collector with the notices to be served by him.The process-fees for the service of notices required under the said sections shall also be levied in cash, and shall be paid into the treasury to the credit of Government with chalan separate from those used for the landlord's registration fees, duplicate copies of the chalan being sent to the Collector with the notices, and third copies being filed with the record.Note 6. - The Nazir will purchase a Court-fee stamp of the amount actually incurred, in deputing a peon and affix it on the process under the signature of the Presiding Officer in payment of the fees. The balance of the deposit, if any, will be available for refund to the party.Note 7. - Applications for the refund of unspent peremptory receipts may be made on plain paper [Section 19 (XX) Court-fees Act], Such applications must be presented within three years of the date when the right to refund accrues.Note 8. - For payments of sums received under head (h), see rule 610.
