KUTCHERY COMPOUND FUND RULES

 

1.                     These rules may be called the Kutchery Compound Fund Rules, 1937.

 

2.                     The fund comprises the income realized by the Deputy Commissioner of each district on account of the conveniences provided  in the compounds of district courts and tehsils, in the shape of fees for the sale of printed forms and rent for occupation of shape of fees for the sale of printed forms and rent of occupation of petition writers sheds, the leasing of confectioners’ shops and available areas of the compound etc.

 

3.                     In March every year, on a date to be fixed by the Deputy Commissioner and previously notified, the lease of kutchery compound returnable areas as well as the lease for the sale of prescribed forms shall be auctioned by an officer not below the rank of Extra Assistant Commissioner, for a period of one year with effect from the Ist April next.

 

4.                     The lessee or lessees in the case of the confectioners’ shops are to be required to undertake the lease on the conditions prescribed in the form of agreement appended (Form K.F.I).

 

                        Similarly the person or persons securing the contract for the sale of printed forms shall be required to execute a lease deed in form K.F.6.

 

                        The deeds executed by the lessees shall be kept by the Office Superintendent in his personal custody under lock and key.

 

5.                     A demand and collection account shall be maintained by the Nazir for each shop and lease separately in form K.F.2. A register in form K.F.3 shall also be maintained by him for keeping a monthly record of expenditure. The Officer in charge of Nazarat shall inspect these accounts every month and report to the Deputy Commissioner whether progress is satisfactory or not in the recovery of lease money.

6.                     Deputy Commissioners will prepare the estimate of receipts under the head “XLVI-Miscollaneous”. The estimate should take into account all receipts likely to be realized from fees charged to petition writers and deed writers allowed to sit in the kutchery compounds and from shop rents, etc. realised from sweet meat vendors and other miscellaneous income creditable to the kutchery fund.

(1)               The provision for the construction and repair orders in the Kutchery Compound will be made by the Public Works department, Buildings and Roads Branch in their budged.

(2)               Such funds are not kept separate from the general revenues of the Province. The fact, that a certain district has  a certain accumulated in its kutchery fund, does not mean that expenses can be incurred up to that amount without sanction being obtain as required by rules. The existence of a balance in the kutchery fund only gives a district certain claim to consideration in question of the allotment of funds.

(3)               Before any sum can be expended from the kutchery  fund, budget provision should be made under the proper head, passed by the Legislative Assembly and communicated by the competent authority.

(4)               Deputy Commissioners will prepare the estimates under the sub head. The estimates of expenditure should include provision for all existing sanctioned establishments and for such other establishments as is likely to be sanctioned by Commissioners under the power delegated to them also for such contingent expenditure as is necessary for the proper upkeep of the kutchery compound but the total provision made in the estimates should be limited to the estimated receipts plus any balance at the credit of the kutchery fund in the proforma account maintained for the purposes. A copy of the proforma account duly verified by the Accountant General should accompany the estimate for this head.

(5)               The two heads, under which provision can be made, are “50-Civil Works” and “ 25-General Administration-E-District Administration”, minor head ‘Other Establishments’.

(6)               If after considering the requirements by way of expenditure on conservancy from the kutchery fund, it is decided that there is sufficient balance to justify spending money on civil works of any kind, a provision in the budget under the head “50-Civil Works” should be made.

(7)               Major head “25-General Administration-E-District Administration” minor head ‘Other Establishments’ and the major head “50-Civil Works” fall under separate grants, and no transfer from one to the other can be made. Therefore, Deputy Commissioners, when preparing their budget under “50-Civil Works” should take these points into account and submit their budget in the manner laid down in paragraph 28, Appendix B, to the Punjab Budget Manual.

 

7.                     If the Deputy Commissioner of a district considers that the works or repairs which he wishes to carry out, will not exceed Rs. 2,500 in each case and will fall within the description of “Petty—Construction and Repairs”  contemplated in clause 8, appendix 5 of the Civil Account Code, Volume I, he can arrange to have the work executed without employing the agency of the Public Works Department. In that case they can be treated as contingent-expenditure and charged to head 25-General Administration-District Administration-Other Establishments”. The Deputy Commissioner must, however, be careful to ensure that sufficient budget provision has been made by him and passed by the Legislative Assembly to cover the expenditure which he wishes to incur.

 

                        Whether the beget provision is made by the Deputy Commissioner under head “50-Civil Works”, or under the head “25-General Administration”, a note should be made to the effect that the amount asked for is covered by the sums accumulated in the kutchery fund.

 

8.                     A quarterly statement in form K.F.4 showing demand, collections made and arrears due together with the necessary explanation shall be sent by the Deputy Commissioner to the Commissioner of the division by the 15th of the month following the quarter to which it relates.

 

9.                     A proforma account in form K.F.5 shall be sent by the Deputy Commissioner to the Commissioner of the division annually by Ist of October.

 

K.F.I. (Referred to in Rule 4)

FORM OF AGREEMENT

                        I________________ son of ___________ caste __________ aged ______ resident of__________________ tahsil ____________ district__________ being in full possession of my senses, hereby execute this deed of agreement in favour of the Deputy Commissioner __________ district, in respect of the leasing _____________ shop in the kutchery compound, subject to the following terms and conditions, which shall be strictly binding upon me :

1.                  That I shall be the lessee of the above for a period of twelve months, from the Ist of April, 193   , to the 31st of March, 193  .

2.                  That I shall deposit immediately 1/4th of Rs. ________ the lease money i.e. Rs. _____. The balance shall be paid in nine equal monthly instalments of Rs. _______ by the 10th of each month commencing from the 10th of May, 193  .

3.                  That I shall produce a surety who will execute a bond to the effect that he will be responsible to pay the lease money due to the Deputy Commissioner in case I make default in paying the same.

4.                  That I shall keep no live stock in the kutchery compound.

5.                  That I shall make no addition or alteration of any sort to the premises leased to me.

6.                  That I shall afford ample protection for food stuffs and other eatables as approved by the officer-in-charge of the Kutchery compound.

7.                  That in case of a breach of any of the above cited condition on my part, the Deputy Commissioner _______, may direct the said lease to be cancelled without further notice and that I shall not be entitled to claim a refund from the money deposited.

8.                  That on the expiry of the term of the lease I shall vacate the premises leased to me and deliver possession thereof forthwith to the Deputy Commissioner, _________ and no further notice of ejectment will be necessary.

 

In witness whereof, I _______________ subscribe my name at _______ this ________ day of __________ 193  .

 

 

Witnesses :            1._______________

                        _________________             

                        2._______________                               (Signature of lessee)              ________________

 

REGISTER OF RECEIPTS IN CONNECTION WITH KUTCHERY COMPOUND FUND

K.F.2 (Referred to in Rule 5)

 

REGISTER OF RECEIPTS OF THE                                   DISTRICT IN

 

Serial No.

From whom recoverable

Recoveries due

Arrears carried forward from last year

Amount due for the current year

Total due

1

2

3

4

5

 

 

 

 

 

 

 

                                        Total

 

 

 

Abstract

 

Balance brought forward from last year                                    Rs.

 

Total receipts of the year                                                        Rs.

 

                                                                        Total                        Rs.

 

CONNECTION WITH KUTCHERY COMPOUND FUND

 

No. & date of instalments

Amount recovered

Twelve monthly columns from April to March

 

 

 

 

 

 

April

May

June

July

Rs.

A.

P.

Rs.

A.

P.

Rs.

A.

P.

Rs.

A.

P.

1

2

3

4

 

 

 

 

 

 

 

 

 

 

 

 

Progressive total at the end of each month

 

 

 

 

 

 

 

 

 

 

 

 

 

Deduct expenditure during the year:                         Rs.

Closing balance per register :                             Rs.

 

K.F. 3 (Referred to in Rule 5)

 

REGISTER OF EXPENDITURE OF THE __________      DISTRICT IN CONNECTION WITH KUTCHERY COMPOUND

 

AMOUNT SPENT

Descrip-tion of work or nature of expendi-ture

 

 

 

 

Total

Twelve monthly columns from April to March

April

May

June

July

August

 

September

 

Rs

A

P

Rs

A

P

Rs

A

P

Rs

A

P

Rs

A

P

Rs

A

P

1

2

3

4

5

6

 

 

 

 

 

 

October

November

December

January

February

March

Rs

A

P

Rs

A

P

Rs

A

P

Rs

A

P

Rs

A

P

Rs

A

P

7

8

9

10

11

12

Total

 

 

 

 

 

 

 

Total expenditure for the year

13

Remarks

14

Total

 

 

K.F.4 (Referred to in Rule 8)

QUARTERLY STATEMENT SHOWING RECEIPTS TO KUTCHERY COMPOUND FUND

 

            For the quarter ending______________ 193  .

 

Sr. No.

Annual demand

Quarterly demand

Receipts for last quarter

Receipts for last quarter

Receipts for previous quarters

Total

Arrears

Remarks

 

 

 

1

2

3

4

5

6

7

8

9

 

 

 

 

 

 

 

 

 

 

 

 

Rs.

Rs.

Rs.

Rs.

Rs.

Rs.

Rs.

Rs.

 

 

Deputy Commissioner

_________ District

 

K.F. 5 (Referred to in Rule 9)

 

STATEMENT SHOWING INCOME AND EXPENDITURE OF THE ________ DISTRICT IN CONNECTION WITH THE CONSERVANCY OF KUTCHERY COMPOUND FOR THE YEAR 193   -193   .

 

Year

Opening Balance

Receipts

Total

Charges

Closing Balance

Remarks

1

2

3

4

5

6

7

Accounts 193   -193

 

 

 

 

 

 

Sanctioned budget 193   -193

Revised 193  -193

Budget 193  -193   , as proposed by Deputy Commissioner

Budget 193   -193   , as proposed by Commissioner

 

Dated__________                         Commissioner            Deputy Commissioner

The___________193  .                        _________District       __________District

 

 

K.F.6 (Referred to in Rule 4)

 

LICENSE FOR THE SALE OF PRINTED FORMS IN THE KUTCHERY COMPOUND

 

                        This license granted this ___________ day of _________ 19 ____, by the Governor of Punjab to ___________ son of _________, resident of, (hereinafter called the Licensee) for the sale of printed forms used to Civil, Criminal and Revenue Courts at _____________ in the __________ District, Punjab.

 

                        Witnesseth that the said licensee doth hereby agree that :

 

1.      I shall be the sole licensee for selling the forms in the Kutchery premises at ____________ throughout the District, for a period of twelve months from the Ist April 19_____ to 31st March 19_____.

2.      I shall sell forms in the Kutchery compound either personally or through my agents at places approved by the Deputy Commissioner in the Kutchery compound for the facility of the public.

3.      I shall keep sufficient stock of forms and shall sell them at the rates to be fixed for each form by the Deputy Commissioner.

4.      The privilege of sale of forms within the kutchery compound shall not include a guarantee that the courts will not accept forms purchased elsewhere and I shall make no objection in regard to the sale of forms by a pleader or his clerk to his own clients.

5.      I shall deposit immediately 1/4th of the license fee and pay up the balance in nine equal monthly instalments which will be payable by the 10th of each month commencing from the 10th of May 19_______.

6.      I produce my surety _______, son of ___________ to execute this bond making himself responsible jointly with me to pay the license fee to the Deputy Commissioner in case I make default in paying the same.

7.      All the forms sold by me or by my agents will bear my seal.

8.      I shall at all times have posted in a conspicuous place outside the place of vend, a sign-board bearing, in English and Urdu characters, the name of the Licensee with the words “Licensed Vendor of Forms”.

9.      I shall not at any time offer any objection or resistence to the inspection of my registers or the examination of my stock of forms by any officer duly authorised by the Deputy Commissioner to make such inspection or examination.

10.  On the expiry of the term of the license, I shall have no right to sell the forms in the kutchery compound and shall vacate the allotted plot of land and deliver possession thereof to the Deputy Commissioner, without notice of ejectment.

11.  The infringement of any of these conditions by me or by my agents shall render me liable to cancellation of my license. The Deputy Commissioner will be at liberty to reauction the contract for the remaining part of the year and my surety and I shall be responsible for making good the loss sustained by Government. In any case I shall not be entitled to claim any refund from the money deposited by me but shall be bound to pay the proportionate amount of the license fee calculated upto the date of the termination by cancellation or otherwise or the license by the Deputy Commissioner whose decision as regards any such termination or the rights and liabilities of the parties or the amounts payable by the licensee under this license and as regards the meaning of any of the clauses hereof, the parties hereby agree shall be final and binding.

12.  I have also understood clearly that the Deputy Commissioner will not indemnify me in any circumstances and in the knowledge of all the above conditions, execute this agreement binding me and my surety.

 

 

____________________                                  ___________________

Signature of thumb impression of            Signature or thumb impression of

Licensee                                                                       Surety

 

Address:                                                                       Address:

 

Witness No.1                                                               Witness No.2

Signature                                                                      Signature

 

Address:                                                                       Address: