Bank drafts / postal orders to replace stamp papers for court Fees

                                         

                    The Freemen

Dear brethren,

Rising costs of development and infrastructure and modernization requires increased funds. Modern technology has also made old systems of collection of court fee obsolete. Telgi stamp paper scam whereby individuals sold fake stamp papers or use of color copiers to duplicate court fee stamps forced me to write following letter to Government of Punjab. 

  

“To,

1.     State of Punjab through secretary legal / legislative affairs       

SUB:         Amendment of court fees Act

Dear Sir/madam,

I

I give herein below an alternative and effective mode of collection of court fee. Court fee can be collected in the form of postal order or bank draft in name of Registrar of senior most Judge or court e.g. in Chandigarh amount can be collected in name of Registrar / District Judge Chandigarh and so on in every city. Bank accounts can be opened to facilitate payment of court fee. Authorised officer to operate the bank account should be deputy secretary legal or above.

Dated September 26 2009           CA KD Aggarwal

                                      Centenary office. (Since 1908)”

      

In response to above letter I received following letter from;-

“Government of Punjab,

Department of Revenue and Rehabilitation

(Stamp and Registration Branch).

To,

Chief Manager,

State Bank of India,

Sector 17-B,

Chandigarh

Memo No 1/2/09/ST-5/

Chandigarh dated;

Subject ; Amendment of Court fees Act.

A copy of letter Dt September 26 2009 received from CA K D Aggarwal, Centenary Office, is sent herewith. You are requested to send tour coments in this regard at the earliest.

SD/-

Superintendent Grade 1

Endorsement No 1/2/09/ST-5/8589 Chandigarh Dated November 9 2009, copy is forwarded to CA KD Aggarwal for Information.

SD/-

Superintendent Grade 1”

…..

Since State bank of India was ill equipped to take judicial court fees in the forms of Postal/pay orders/bank drafts etc, I wrote further letter to Government of Punjab clarifying and detailing the procedure to be adopted.

“To,

1.     State of Punjab through Secretary Deptt of Revenue and Rehabilitation

(Stamp & Registration branch)

2.     State of Punjab through secretary legal / legislative affairs       

SUB:         Amendment of court fees Act

REF:  Your letter No 1/2/09/ST-5 8589 Dt November 9 2009 (copy enclosed)

Dear Sir/madam,

Reference your letter noted above in response to my letter Dt September 26, 2009.

I did not mean what has been stated in your letter under reference.

What I meant was;-

1.     Any plaint / application or proceedings in the Judicial court shall be accompanied by court fee in the form of Postal Order or Bank draft. Particulars of the case shall be mentioned at the back of such postal order / bank draft.

2.     Court shall receive all plaints / applications alongwith Postal order and Bank Draft and give receipt Number on such plaint / application etc and enter the details of postal order/bank draft alongwith particulars of the case in which they are tendered in register.

3.     At 1 PM and 4 PM, all such postal orders / bank drafts be handed over to dealing clerk who shall prepare a memo of bank pay in slip and deposit all such drafts / postal orders in the bank. The superintendent shall tally the totals with receipt clerk and total with dealing clerk. In this manner if any draft is returned unpaid by the Bank the case can be immediately dismissed which is written at the back of such postal order / i.e. the same case which had been stamped by receipt clerk bearing S No.

4.     State Bank of Patiala has branches at most of the court premises. All banks accounts are now on line and can be operated from any other branch at any city. Hence if account is opened at one place, drafts can be deposited in every city in said 14 digit account. No permission of SBOP is required as for deposit in one’s bank account, as customer can make any no. of deposits in A/C.

5.     Separate code/account be opened for Judicial and NON Judicial court fee.

 

Dated November 12, 2009          CA KD Aggarwal

                                                Advocates & Consultants

                                                Centenary office. (Since 1908).”

I am glad to say the government of Punjab has since accepted my proposal in principle as reported in “The Tribune Dated October 9, 2010.

"Drafts to replace stamp papers

Stamp papers are to be replaced by drafts, bankers’ cheques and pay orders, the state of Punjab told the High Court in response to a public interest litigation for abolishing fraud-prone “stamp paper system”. The affidavit was filed in by Punjab under secretary Hari Singh Sodhi on a petition filed by advocate HC Arora. In the affidavit, it was stated: “The department of Revenue, Rehabilitation and Disaster Management has after consultation with the field revenue officers, agreed in principle to receive the stamp duty through demand drafts, bankers’ cheques and pay orders. After due approval of the higher authorities and concurrence by the concerned Departments, this Department will introduce and implement this system also.”

The affidavit added: “However, that would be done successfully only after receipt of comments of the High Court authorities in due course since major part of the collection of Court fees would be in the cases to be instituted/ adjudicated upon in the High Court and civil/criminal courts under it.”

http://www.tribuneindia.com/2010/20101009/cth2.htm 

Kapil Dev Aggarwal