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State of Madhya Pradesh - Section

Section 466 in M.P. Civil Court Rules, 1961

466. Register of Civil Court deposit receipts and register of repayments of Civil Court deposits.

(1)Only one set of these registers should be maintained for all Courts at each station. The deposits of the different Courts at the station should be distinguished by an initial letter A, B, C etc. to be allotted to each Court and this distinguished letter should be written below the serial number of the deposit in column 2 of the Register of Civil Court Deposit Receipts.Note 1. - If possible the names of payees should be given in column 4 of the Register of the Civil Court Deposit Receipts. Where the entry is non-committal it should be stated that the amount is payable under order of the Court.Note 2. - It is the duty of the Nazir to trace the history of each deposit and to verify the correctness of claim to repayment. He is responsible for the accuracy of his registers, reports to Courts and accounts to the Accountant-General.
(2)When an application for leave to deposit money is received the Court will pass an order that the sum be accepted as a deposit. The reader or the clerk concerned should thereupon endorse on the application an order to the Nazir to receive the money. The application should then be given to the applicant to be presented with the money to the Nazir. The Nazir will receive the money, take it into his account and endorse a report of having done on the application which will be immediately returned through his peon to the Court.
(3)
(a)When the Nazir receives money from the head copyist he shall enter the total amount as a single item in the Register of Deposit Receipts, describing it as "Copying fee received from the head copyist", without giving a number to the item or recording any other particulars. In case of emergency the Nazir may receive court-fee stamps as the equivalent of cash to be kept as part of his cash balance. The court-fee stamps should be returned to the head copyist at the first opportunity.
(b)In case of withdrawal if the balance in deposit at the credit of the head copyist is sufficient, the Nazir should make the payment and enter the items in the Register of Repayments of Civil Court Deposits without number as "Repayment of copying fees to head copyist".
(4)Money realised in one tahsil under a warrant issued by a Civil Court in another tahsil should be sent to the Court concerned by postal money order at the judgement debtor's expense. The server or the sale Amin, as the case may be, shall pay the amount to the Nazir under whom he serves, and the Nazir shall send the money order from his office and endorse the fact of his having done so on the warrant before returning it. On receipts of the money order and the warrant the Court concerned shall cause the money to be taken over by the Nazir and treated as a Civil Court deposit. The money order shall be addressed to the judge of the Court to whom the money to be remitted belongs. The Nazir should invariably note in the coupon of the money order form, the number of the case and a clear description of the warrant in pursuance of which the money was recovered.
(5)When an application is made for the repayment of a deposit the Court should call on the Nazir to report on the application whether the sum claimed is in deposit. The Nazir should report the exact terms of the entry in column 4 of the Register of Receipts of Civil Court Deposits. On receipt of the report the reader, execution clerk or other clerk dealing with the deposit, as the case may be, should report to what extent the applicant is entitled to be paid. No application made by a pleader for repayment of a deposit on behalf of his client or principal if not accompanied by a power attorney, will be entertained unless it contained a declaration made by the pleader in writing to the effect that he is empowered to receive the money for his client or principal by virtue of the power filed by him with the original records. Thereupon the Court after satisfying itself as to the merits of the claim of the applicant, will pass an order for payment in favour of the applicant. The clerk whose duty it is to prepare vouchers will then prepare a voucher which will be signed by the Court and given to the applicant for presentation to the Nazir. The Nazir shall satisfy himself that the person attending to receive the money is (a) the person in whose favour the order for payment has been passed, or (b) his pleader or agent duly authorised to receive the same for his client or principal. If the said person is not personally known to the Nazir, he shall be identified by two respectable persons whom the Nazir does know and their names and addresses shall be entered in the remarks column of the Register of Repayments. So far as possible all vouchers should be sent to the Nazir before 1 p.m. The Nazir will daily pay out of his cash balance up to the limit of the sum held by him under the head "Civil Court Deposits". Vouchers for sums in excess of that amount, which he may receive up to 1 p.m. will be paid by him after he has drawn the amount from the treasury. After payment of the Nazir will immediately endorse on the application a certificate of payment and return it to the Court concerned. If arty poundage fee is realised the Nazir shall note the number of the connected warrant of sale in column 4 of the Register of Receipts of Civil Court Deposits.Note 1. - Payment of the amounts of Civil Court Deposit belonging to the estate of Wards under the management of Courts of Wards may be made by transfer credited to the personal deposit account of the estate concerned instead of by cash payment to the employees of the Courts of Wards.Note 2. - Applications for execution usually contain a prayer to realise money and pay it to the decree-holder vide Form No. 6, Appendix E, Civil Procedure Code. The Court is bound to deal with the prayer to pay out by an order and having passed an order to pay out cannot subsequently insist on an application to pay out. The Court should, however, in such cases, insist on a memorandum and should follow the procedure in the above rule as if memorandum were substituted for application.The essential differences between the two are that a memorandum need not, and an application must, be stamped and a memorandum should not contain a prayer. If the memorandum contain a prayer and thus amounts to an application it must be stamped as an application. (In this respect see paragraph 5 of Appendix V).Note 3. - The practice of obtaining the signatures of identifying witnesses in the remarks column of the Register of Repayments is unobjectionable and is a useful safeguard.Note 4. - (1) Further instructions regarding vouchers-
(a)All applications for vouchers must be sent to the Nazir (or Naib-Nazir, as the case may be) on the day of receipt.
(b)The applications with the Nazir's (or Naib-Nazir's) report should be submitted to the Judge not later than the next working day.
(c)Except when it is necessary to send for a record all vouchers should be issued within three days of the receipt of the application. The Judge shall, by referring to the application for the voucher, check compliance when signing the voucher.
(d)When it is necessary to send for a record the Judge shall check that no time has been wasted.
(2)A manuscript book, in the following Form shall be maintained by the Court Reader of each Court:-
Date of receipt of application for vouchers Case number and year with names of parties inbrief Applicant told to appear Voucher delivered on Remarks
(1) (2) (3) (4) (5)
 
Note to column (1). - Entry in the manuscript book should be made as an application is received.
(6)On each working day before the treasury is closed the Nazir should forward to the Treasury a remittance list showing in a lump sum the amount of Civil Court Deposits received and repaid during the day with a remittance in cash or a demand for the excess of repayments over receipts.
(7)Sum received and repaid on account of deposits after despatch of die daily remittance list to the treasury should be entered in the Deposit Registers on the day they are received or repaid, and the total of receipts and repayments of the whole day (whether prior or subsequent to treasury hours) should be carried to the General Cash Account and the Classification Register. Care should be taken to add in the Deposit Registers, in red ink, below the date of actual deposit or repayment, the date of credit into or withdrawal from the treasury of each item received or repaid after treasury hours.Note 1. - In order that the monthly totals in the deposit registers may agree with the total of receipts and repayments in the Extract Registers submitted to the Accountant General such items received or repaid after the despatch of the remittance list on the last working day of a month should be entered in the deposit registers appertaining to the next month, and not as the closing entries of the month in which they were actually made.Note 2. - In order to minimise the number of transactions after treasury hours, a notice in Hindi requesting the public to make deposits as far as possible before a certain hour (to be fixed by the District Judge) should be pasted in a prominent place at each Court-house.
(8)When a Court orders under Order XXI, Rule 86, Civil Procedure Code, the forfeiture of a deposit of 25 per cent of the purchase money in an auction sale minus the expenses of the sale the execution clerk should immediately take steps to withdraw from the Civil Court Deposits on a Civil Court Deposit repayment voucher the amount ordered to be forfeited. The voucher should be sent to the treasury with the remittance list for payment by transfer credit to the head "Administration of Justice". The Nazir should give details of the withdrawal and credit to Government in his General Cash Account and form it the figures for the Tauzi will be taken.
(9)
(a)The Nazir should also keep Monthly Extract Registers of Receipts and Repayments in which posting should be made from day to day. The transactions with the treasury should be posted both in the Deposit Registers and the Extract Registers up to the end of the month and those with sub-treasuries upto the 27th (except in March, when the transaction should be posted up to the last day). Transactions with sub-treasuries subsequent to the 27th should be recorded under the proper date in the registers appertaining to the next month. The totals for the month should be struck both in the Registers of Receipts and Repayments and in the Extract Registers and the total of each register should agree with that of the corresponding Extract Register.
(b)Deposits and repayments of copying fees to the head copyist should not be reproduced in detail in the Extract Register; only the monthly totals should be entered at foot as the amount of the copying fees received from and repaid to the head copyist but the total amount repaid from the deposits made m each financial year should be shown separately.
(10)The extract Registers of Receipts and Repayments together with the Repayment Vouchers, should be sent to the Accountant General through the officer-in-charge of the treasury, who will certify to the agreement of the total receipts and repayments with the treasury figures before forwarding the registers to the Accountant General. The Treasury Officer will also certify the agreement of the balance shown at the foot of the Extract Register of Personal Deposits with that shown in the Nazir's Extract Register of Civil Court Deposit Receipts. If there be any discrepancy, the Registers should be returned by the Treasury Officer for correction. In order to secure the above agreement it is necessary that all entries of Civil Court Deposits should bear the date on which the money is paid into or drawn from the treasury or sub-treasury. This can be easily arranged in personal communication with the treasury.