Supreme Court Rules 2013 - Order XIV | Order 14
Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed)
Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले
Supreme Court Rules 2013:
Order XIV
Payment Into And Out Of Court Of Suitors' Funds
1. Unless otherwise ordered, all moneys directed to be paid into this Court to the credit of any suit, appeal or other proceeding, shall be paid into the UCO Bank, Supreme Court Compound, New Delhi (or any other Nationalised Bank(s), as may be directed by the Chief Justice from time to time) (hereinafter referred to as 'the Bank'), into an account entitled 'Government A/c-P-Deposits and Advances-II Deposits Not Bearing Int.-(C) other Deposits A/cs.-Deptl. and Judicial Deposits-Civil Deposits-Civil Court Deposits'.
2. Notwithstanding anything contained in rule 3, rule 4 or rule 5 the Registrar may, in appropriate cases, authorise the acceptance of moneys by demand drafts, banker's cheques or pay orders issued in favour of the Registrar and payable in Delhi or New Delhi by a Nationalised/Scheduled Bank, and direct that the said amount be deposited with the Bank, as provided by rule 1. On encashment, the date of tender in such cases shall be deemed to be the date on which the demand draft, banker's cheque or pay order is presented for encashment: Provided that such tender by demand draft, banker's cheque or pay order is made a day prior to the due date.
3. Any person ordered to pay money into Court shall present a lodgement schedule in the prescribed form to the Branch Officer of the Accounts Branch of the Registry for the issue of a challan to enable him to make the payment into the Bank. The lodgment schedule shall be accompanied by a copy of the order directing the payment or shall bear a certificate from the Registrar endorsed thereon as to the amount to be paid and the time within which the payment is to be made.
4. On presentation of the lodgment schedule, a challan, in duplicate in the prescribed form, specifying the amount to be paid and the date within which it should be paid, but in no case exceeding ten days from the date of issue of the challan, shall be issued by the Branch Officer, Accounts Branch, to the party directed to make the payment, who shall thereupon present the same at the Bank and make the payment. The Bank shall, on receiving payment, retain one copy of the Challan and return the other copy, duly signed and dated acknowledging the receipt of the money, to the person making the payment. The Bank shall not accept the payment if the amount is tendered beyond the date mentioned in the challan as the last date for payment.
5. On production of the copy of the challan duly signed and acknowledged by the bank as aforesaid, the person making the payment shall be given credit in the books maintained by the Accounts Branch of the Registry for the amount paid into the Bank, and a receipt signed by the Registrar shall be issued to him and the said challan shall be retained in the Branch.
6. The Branch Officer of the Accounts Branch shall keep a register causewise of all money, effects and securities of the suitors of the Court, which shall be ordered to be paid or delivered into or out of the Court. The purpose for which the deposit is made and the orders of attachment received, if any, of the funds, shall be duly entered in the register. No money shall be paid out of the funds in Court without an order of the Court.
7. Where a party seeks payment out of any moneys in Court he shall present an application to the Court for an order for payment. The application shall be accompanied by a Certificate of Funds signed by the Registrar showing the amount, if any, standing to the credit of the suit, appeal or other proceeding from which payment out is sought and the claims and attachments, if any, subsisting thereon on the date of the certificate.
8. Upon an order being made for payment out, the party in whose favour the order is made shall apply to the Registrar for payment to him in accordance with the said order. The Registrar shall thereupon issue an order for payment in the prescribed form for the amount to be paid in favour of the party entitled to payment. The payment order shall be endorsed at the same time on the original challan received from the Bank. The payment order together with the challan duly endorsed for payment shall be handed over to the party entitled to payment who shall present the same to the Pay and Accounts Officer, Supreme Court of India, New Delhi and obtain payment. Where however the entire amount of the challan or the entire balance remaining unpaid thereunder is not to be paid out to the party, the original challan shall not be handed over to him, but only a copy thereof endorsed for payment shall be given to him for presentation to the Pay and Accounts Officer, Supreme Court of India, New Delhi, the original challan being retained in the Accounts Branch until the funds are fully paid out.
9. Where a party seeks payment of the monies or securities paid to the Registrar or deposited with him, a commission will be recovered from it at the rate of one per cent and two per cent respectively on the principal amount and the interest drawn on the invested money:
Provided that the maximum commission payable shall not exceed Rs. 15,000/-.
10. The Branch Officer, Accounts Branch, shall check and tally the accounts maintained in the Branch every month with the monthly statements of receipts and payments to be received from the Pay and Accounts Officer, Supreme Court of India, New Delhi and the Registrar shall certify under his signature every month that the accounts have been duly checked and tallied.
11. Fees relating to the registration of Advocate-on-Record shall be paid into the Bank, to the credit of an account entitled 'XXI-Administration of Justice Receipts of the Supreme Court'.
12. Fees of Rs. 100/- shall be payable for registering a clerk of an Advocate or a firm of Advocates.
13. Fees of Rs. 50/- shall be payable on requisition for issue of an identity card in substitution of one that is lost or damaged.
14. Where a party seeks photograph copies or copies of maps filed in any matter he will be liable to pay the actual charges to be incurred for the same (to be deposited in cash).
Supreme Court Rules 1966:
ORDER XIV
PAYMENT INTO AND OUT OF COURT OF SUITORS’ FUNDS
1. Unless otherwise ordered, all moneys directed to be paid into this Court
to the credit of any suit, appeal or other proceeding, shall be paid into the 1
[United
Commercial Bank, Supreme Court Compound, New Delhi] (hereinafter referred
to as the Bank), into an account entitled ‘Government A/c-P-Deposits and
Advances-II Deposits Not Bearing Int.-(C) other Deposits A/cs.-Deptl. and Judicial
Deposits-Civil Deposits-Civil Court Deposits’.
2. Notwithstanding anything contained in rule 3, rule 4 or rule 5 the Registrar
may, in appropriate cases, authorise the acceptance of moneys by demand drafts
issued in favour of the Registrar and payable in Delhi or New Delhi by a Scheduled
Bank, and direct that the said amount be deposited with the 1
[United Commercial
Bank, Supreme Court Compound] as provided by rule 1. On encashment, the
date of tender in such cases shall be deemed to be the date on which the demand
draft is presented for encashment:
Provided that such tender by demand draft is made a day prior to the due
date.
3. Any person ordered to pay money into Court shall present a lodgement
schedule in the prescribed form to the Section Officer of the Accounts Section of
the Registry for the issue of a challan to enable him to make the payment into the
1. Subs. by G.S.R. 466, dated 22nd June, 1983 (w.e.f. 2-7-1983).
37
THE SUPREME COURT RULES, 1966
Bank. The lodgment schedule shall be accompanied by a copy of the order
directing the payment or shall bear a certificate from the Registrar endorsed thereon
as to the amount to be paid and the time within which the payment is to be made.
4. On presentation of the lodgment schedule, a challan, in duplicate in the
prescribed form, specifying the amount to be paid and the date within which it
should be paid, but in no case exceeding ten days from the date of issue of the
challan, shall be issued by the Section Officer, Accounts Section, to the party
directed to make the payment, who shall thereupon present the same at the Bank
and make the payment. The Bank shall, on receiving payment, retain one copy of
the Challan and return the other copy, duly signed and dated acknowledging the
receipt of the money, to the person making the payment. The Bank shall not accept
the payment if the amount is tendered beyond the date mentioned in the challan
as the last date for payment.
5. On production of the copy of the challan duly signed and acknowledged
by the bank as aforesaid, the person making the payment shall be given credit in
the books maintained by the Accounts Section of the Registry for the amount paid
into the Bank, and a receipt signed by the Registrar shall be issued to him and the
said challan shall be retained in the Section.
6. The Section Officer of the Accounts Section shall keep a register causewise of all money, effects and securities of the suitors of the Court, which shall be
ordered to be paid or delivered into or out of the Court. The purpose for which
the deposit is made and the orders of attachment received, if any, of the funds,
shall be duly entered in the register. No money shall be paid out of the funds in
Court without an order of the Court.
7. Where a party seeks payment out of any moneys in Court he shall present
an application to the Court for an order for payment. The application shall be
accompanied by a Certificate of Funds signed by the Registrar showing the amount,
if any, standing to the credit of the suit, appeal or other proceeding from which
payment out is sought and the claims and attachments, if any, subsisting thereon on
the date of the certificate.
8. Upon an order being made for payment out, the party in whose favour the
order is made shall apply to the Registrar for payment to him in accordance with
the said order. The Registrar shall thereupon issue an order for payment in the
prescribed form for the amount to be paid in favour of the party entitled to
38
THE SUPREME COURT RULES, 1966
payment. The payment order shall be endorsed at the same time on the original
challan received from the Bank. The payment order together with the challan duly
endorsed for payment shall be handed over to the party entitled to payment who
shall present the same 1
[to the Pay and Accounts Officer, Supreme Court of India,
New Delhi] and obtain payment. Where however the entire amount of the challan
or the entire balance remaining unpaid thereunder is not to be paid out to the party,
the original challan shall not be handed over to him, but only a copy thereof
endorsed for payment shall be given to him for presentation 1
[to the Pay and
Accounts Officer, Supreme Court of India, New Delhi], the original challan being
retained in the Accounts Section until the funds are fully paid out.
9. The Section Officer, Accounts Section, shall check and tally the accounts
maintained in the Section every month with the monthly statements of receipts and
payments to be received from the 1
[Pay and Accounts Officer, Supreme Court of
India, New Delhi] and the Registrar shall certify under his signature every month
that the accounts have been duly checked and tallied.
10. 1
[Fees relating to the registration of Advocate-on-Record shall be paid
into the United Commercial Bank, Supreme Court Compound, New Delhi, to the
credit of an account entitled ‘XXI-Administration of Justice Receipts of the Supreme
Court’]
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