In exercise of the power conferred Section 27 and
Section 34 of the Court Fees Act, 1870 (Act No.-VII of 1870), the Governor of
Bihar is pleased to make the following rules to regulate the payment of Court
Fee through e-court fee in the courts & the offices of the State: - (1) These rules may be called the Bihar E-Court Fees (Implementation by
Agency) Rules, 2018. (2) It shall extend to the whole of the State of Bihar. (3) It shall come into force with effect from the date of notification. (4) This rule will be in force in pursuance to Notification No.-2039 Dated
02.05.2017 & Agreement related to that. (1) In these rules unless there is any thing repugnant in the subject or
context: - (i) "Act" means the Court Fees Act, 1870 (Act No.-VII of 1870), as
amended from time to time in its application to Bihar; (ii) "Agreement" means the agreement executed between the
Appointing Authority and the Central Record-keeping Agency describing the terms
and Conditions of appointment of the Central Record-keeping Agency; (iii) "Appointing authority" means the Government or the Inspector
General of Registration, authorized by the Government in this behalf by notification
in the Gazette for all or any specific purpose under these rules; (iv) "Approved Intermediaries" means the Central Record- keeping
Agency and the Authorized Collection Centers including all its offices and
branches as appointed with the prior approval of the Appointing Authority to
act as an intermediary between the Government and the Court Fees payer for
collection of Court Fees under these rules; (v) "Authorized Collection Centre" means an agent appointed by the
Central Record-keeping Agency, with the prior approval of the Appointing
Authority, to act as an intermediary between the Central Record-keeping Agency
and the Court Fees payer for collection of Court Fees; (vi) "Central Record-keeping Agency" means an agency appointed by
the Appointing Authority for computerization of Court Fees Administration
System in the State or at such places as the Appointing Authority may determine
from time to time; (vii) "Department" means the Prohibition, Excise and Registration
Department, Government of Bihar; (viii) "Form" means a Form prescribed by the Appointing Authority/
Registrar General of the High Court from time to time; (ix) "Government" means the State Government of Bihar; (2) Words and expressions used but not defined in these rules shall have the
same meanings respectively assigned to them in the Court Fees Act, 1870 (as
amended from time to time in application to Bihar). CHAPTER-2 APPOINTMENT OF CENTRAL RECORD KEEPING AGENCY Any public Financial Institution, Indian Scheduled
Bank, a Company engaged in providing depository services appointed by Central
Government, accompany recognized by the Government either in dividedly or in
consortium may be eligible or appointment as Central Record-keeping Agency. The Appointing Authority shall select and appoint
by notification a suitable agency to function as Central Record-keeping Agency
for the State to implement the Computerization of Court Fees Administration
System in specified courts of the State as declared by the Appointing Authority
from time to time, in the order as mentioned below: - (1) On the basis of recommendations, if any, of the Central Government
regarding appointment of Central Record-keeping Agency, issued from time to
time; (2) By inviting technical and financial bids through a duly constituted
expert Selection Committee. The term of Central Record-keeping Agency appointed
under these rules shall be five years. (1) The appointment of the Central Record-keeping Agency shall be on
contract basis and the Agency shall enter into an Agreement with the Appointing
Authority. (2) The Central Record-keeping Agency shall along with the agreement
referred to in sub-rule (1) execute an Under taking, Indemnity Bond and bank
guarantee in favor of the Appointing Authority in the manner determined by the
Appointing Authority from time to time. (1) The appointment of the Central Record-keeping Agency may be terminated
earlier than the agreed term of appointment, on the ground of any breach of
obligation, terms of agreement, the provisions of these rules or the Act,
financial irregularity or for any other sufficient reason which shall be
recorded in writing. (2) The decision to terminate the appointment will be taken- (i) after the Central Record-keeping Agency has been given a show-cause
notice specifying the details of grounds under sub-rule (1); (ii) after the Central Record-keeping Agency has been given a reasonable
opportunity of being heard; (iii) after consideration of the explanation offered by the Central
Record-keeping Agency; and (iv) in case of breach of obligation, if the Central Record-keeping Agency
fails to cure the breach with in the period specified in the show-cause notice. (3) If the ground, on which the Appointing Authority has decided to
terminate the appointment, is such that it has also caused loss of revenue to
the State, the Central Record-keeping Agency shall be bound to pay the entire
amount of revenue loss, in addition to such amount of penalty as may be imposed
by the Appointing Authority. (4) On termination of appointment under this Rule, the Central
Record-keeping Agency shall transfer all the data generated during the period
of appointment to the Government. After the termination of the appointment, the
Central Record-keeping Agency, shall not use or cause to be used the data
generated during the period of appointment for its business or any other
purpose. (1) The application for renewal of appointment of the Central Record-keeping
Agency will be made to the Appointing Authority at least three months before
the expiry of the running term of appointment. (2) The Appointing Authority may, before taking decision on the application
for renewal of the appointment of the Central Record-keeping Agency, call for
any information or record from the Department or the Central Record keeping
Agency or the Authorized Collection Centers or any other person or body. (3) The Appointing Authority, on being satisfied about the suit ability of
renewal, may renew the appointment. (4) If the Appointing Authority decide store new the appointment, afresh
agreement referred in sub-rule(1) of Rule (6) and Undertaking and Indemnity
Bond referred to in sub-rule (2) of Rules (6), will be executed with suitable
amendments, if any. (5) The Appointing Authority shall have power to refuse the renewal of the
term of appointment for reasons to be recorded in writing. CHAPTER-3 DUTIES OF THE CENTRAL RECORD-KEEPING AGENCY (1) The Central Record-keeping Agency shall be responsible for- (i) creating need-based infrastructure, hardware and software in the
designated places in consultation with the Appointing Authority and its
connectivity with its main server; (ii) creating need-based hardware and software in designated Courts, and at
authorized collection centers (the point of contact for payment of Court Fees)
in the identified cities/places; (iii) providing suitable and adequate training for operation and the use of
the system to the personnel of Department/ Courts as may be specified from time
to time by the Appointing Authority; (iv) facilitating in selection of Authorized Collection Centers for
collection of Court Fees and issuing of e-Court Fees certificates; (v) coordinating between the central server of Central Record-keeping
Agency, Authorized Collection Centers, offices of Courts, supervisory and
controlling officers/court sand any other office or places as may be specified
by the Appointing Authority; (vi) collecting Court Fees in accordance with these Rules and remitting it in
the proper Head of Account of the State as directed from time to time by the
Appointing Authority; (vii) Developing and designing various reports as required under these Rules
and as directed by the Patna High Court Patna and the Appointing Authority from
time to time; (viii) It shall be duty of the Central Record-keeping Agency to develop there
quired inter faces as may be mutually agreed upon between Appointing Authority,
Central Record Keeping Agency and the Court. (ix) To follow the provisions made for payment of fee through "in
payment" by Patna High Court in the Court Fee Rules, High Court Rules,
Civil Court Rules and Criminal Court Rules of the High Court Judicature at
Patna and in respect of Welfare Fund Stamp. (2) The Central Record-keeping Agency shall not provide, transfer or share
without the written permission of the Appointing Authority any hardware,
software or any other technology or details in respect of the E-Court Fees
project under taken by it in the State to any body other than the duly
appointed Authorized Collection Centers. (1) The Central Record-keeping Agency shall been titled to such Commission
on the amount of E-Court Fees collected as per the agreement. (2) The commission payable to the Central Record-keeping Agency shall be
subject to the condition specified in Rule-19. (1) The Central Record-keeping Agency shall have to design and use such
software in such a manner that the following minimum details are shown on the
E-Court Fees certificate: - (i) Distinguished Unique Identification number of the Certificate so that it
is not repeated on any other certificate during the lifetime of the E-Court
Fees system; (ii) date and time of issue; (iii) amount of Court Fees paid through the certificate in words and figures; (iv) in case of E-Court Fees certificate above ninety nine rupees, name of
the litigant; (v) location code of the issuing branch or the Approved Intermediary; and (vi) any other distinguishing mark on the certificate e.g. bar code etc., if
any, (2) The software to be used by the Central Record-keeping Agency shall also
provide: - (i) facility to Courts/ Designated Officials to lock the E-Court Fees
certificate used in a document; (ii) facility to cancel the spoiled, unused or not required E-Court Fees
certificate; (iii) necessary user ID and passwords to be used by the designated officials
of the Court to search, access and view any E-Court Fees certificate and to
access Management Information System. The Central Record-keeping Agency shall
provide these passwords to the concerned officials or the Courts as directed by
the Appointing Authority or Registrar General of the High Court; (iv) availability of details of the issued E-Court Fees certificate on the
E-Court Fees Server maintained by the Central Record-keeping Agency; and (v) availability of the different transaction details and reports relating
to E-Court Fees on the website of the Central Record-keeping Agency which will
be accessible to the officers mentioned in sub-rule(2)(c). CHAPTER-4 AUTHORIZED COLLECTION CENTERS The Central Record-keeping Agency may appoint
agent(s), here in after called Authorized Collection Centers, with the prior
approval of the Appointing Authority, to act as an in term diary between the
Central Record-keeping Agency and the Court Fees payer for collection of Court
Fees. The service charges, commission, or fee etc. payable to Authorized
Collection Centers shall be paid by the Central Record-keeping Agency at their
own level as mutually agreed between them. (1) Any scheduled bank, any financial institution, an undertaking controlled
by the Reserve Bank of India or the Financial Institution, Undertaking
controlled by the Government, or a Post Office will be eligible for appointment
as Authorized Collection Centre, subject to prior approval of the Appointing
Authority under rule 12. (2) An individual may be appointed to act as Authorized Collection Centre on
terms and conditions prescribed by the Appointing Authority in consultation
with the Central Record-keeping Agency. (3) An individual may also purchase E-Court Fees certificate online after
registering on the website of the Central Record-keeping Agency by one self or
may prescribe it through an authorized agent. All the offices/branches of the Central
Record-keeping Agency in specified places of the State, as declared by
Appointing Authority from time to time, may collect the payment of Court Fees
for which separate approval from the Appointing Authority under Rule 12 will
not be required. All such Approved Intermediaries shall be equipped
with the required computers, printers, internet connectivity, and other related
infrastructure, which is necessary to implement the E-Court Fees system as
specified by the Central Record-keeping Agency from time to time. The cost of providing equipment and infrastructure
referred to in Rule 15 will be borne by the concerned approved intermediaries. State may specify Courts/ places to establish
counter for issue of E-Court Certificate. The Appointing Authority may at any time, for
reasons to be recorded in writing, advice the Central Record-keeping Agency to
terminate the agency of any Authorized Collection Centre and the Central
Record-keeping Agency shall on such advice terminate the agency of such
Authorized Collection Centre. CHAPTER-5 REMITTANCE OF THE COURT FEES TO GOVERNMENT ACCOUNT (1) The Central Record-keeping Agency shall reconcile and deposit the
consolidated amount of Court Fees collected by its offices/branches and by its
Authorized Collection Centers in the proper head of account of Court Fees, as
may be notified from time to time by the Government, not later than the closure
of business hours of next working day from the date of such collection of Court
Fees or within such period as may be prescribed to in the Agreement, which
shall not be more than two working days. (2) The method of remittance of the Amount of Court Fees by the Central
Record keeping Agency to the proper head of the State shall be through
Electronic Clearing System (ECS), Real Time Gross Settlement (RTGS), National
Electronic Fund Transfer (NEFT), Challan or as directed in writing by the
Appointing Authority from time to time. (3) The deposit referred in sub-rule(1) shall be transferred to the
Government account under specified head of account by means of depositing
through challan in the banks authorised to carryon Government transactions. The
Government Treasury or Authorized Banks and the Central Record-Keeping Agency
shall maintain the daily account of such deposits in a Register which shall be
in such form as may be determined from time to time by the Appointing
Authority. (4) The Central Record-keeping Agency shall be paid commission on the basis
of the consolidated receipt statement submitted by it either on a monthly or
bi-monthly basis as may be determined from time to time by the Government or in
accordance with the Agreement. The commission shall be paid under this sub-rule
after deducting Income Tax at source. The Central Record-Keeping Agency shall
be liable to pay other taxes payable under Central or State Act. CHAPTER-6 PROCEDURE FOR ISSUE OF E-COURT FEES CERTIFICATE A person desiring to pay Court Fees shall make an
application in the prescribed Form to any of the branch of the Central
Record-keeping Agency or Approved Intermediaries with the requisite details for
getting the E-Court Fees certificate. Payment of the amount of Court Fees shall be made
by Cash or Pay Order or Cheque or Bank Draft or Electronic Clearing System or
Real Time Gross Settlement or any other mode of transfer of funds, as may be
directed by the Appointing Authority. (1) The Authorized official of approved Intermediary shall issue the E-Court
Fees certificate under rule 22. (2) The Approved Intermediary issuing the E-Court Fees certificate shall
keep a daily account of issued E-Court Fees certificates in a Register to be
maintained and take signature of purchaser or the authorized person; as the
case may be, on the relevant column of the Register. The Approved Intermediary shall ensure that the
person assigned the duty of issuing E-Court Fees certificate is a duly
authorized representative of the Agency or Institution and has suitable
credentials. The printing of E-Court Fees certificate shall be
done by non-washable permanent black ink on a durable paper or in a manner
determined by the Appointing Authority. The details of issued E-Court Fees certificate
shall be made available on the E-Court Fees website maintained by the Central
Record-keeping Agency and shall be accessible to any person authorized by the
Appointing Authority in this behalf including the Courts holding a valid User
ID and password which shall be provided by the Central Record-keeping Agency. Any person who holds E-Court Fees certificate and
is required to pay an additional amount of Court Fees; may make an application
in the Form prescribed with payment of such amount of additional Court Fees to
the Approved Intermediary. (1) The Approved Intermediary shall issue E-Court Fees certificate for such
additional Court Fees on separate sheet of paper in the manner prescribed in
rules 21 to 25. (2) Judicial stamp may be used together with the E-Court Fees certificates
to pay the Court Fees chargeable on a document under the Act. (1) E-Court fees Certificate used in a document shall not be used in any
other document. (2) A document not in compliance with sub-rule (1) shall be deemed to be
unstamped and shall be dealt with under the provisions of the Act. A distinguished unique identification number of the
E-Court Fees certificate shall be written or printed at the top of the
document. Verification and locking the details of E-Court
Fees certificate.-Courts, after making the enquiry envisaged by the Act, shall
verify the correctness and authenticity of the E-Court fees certificate used in
the document by accessing the relevant website of the-Central Record-keeping
Agency, to verify its authenticity either by using unique identification number
or with the help of a bar code scanner. After such verification, the Courts
shall lock the E-Court Fees Certificate by using user ID Code and password
provided by the Central Record-keeping Agency to preventer-use of such
certificate. The concerned officer shall not disclose the user
ID and password provided by the central Record-keeping Agency, and if the wrong
and unauthorized use there of results in a loss to the State Government, the
concerned officer shall be held responsible for the same. CHAPTER-7 REFUND OF E-COURT FEES (1) The procedure for refund prescribed under the Court Fees Act, 1870,
Bihar stamp rules, 1954 and rules made under court fee Act, 1870 by Bihar
Government shall apply mutatis mutandis with such modifications as are
necessary. (2) An application for refund of 'spoiled' or 'misused' or 'not required'
E-Court Fees certificate shall be made in the Form prescribed along with the
E-Court Fees certificate to the Collector within whose jurisdiction the E-court
fees certificate is required to be locked by the Court for use. (3) On verification from the Central Record-keeping Agency, related court's
registry and related treasury the Collector shall cancel and lock the verified
E-Court Fees certificate and endorse "CANCELLED" on the original
E-Court Fees certificate with his signature and seal. (4) The Collector shall maintain a record of such cancelled E-Court Fees
certificate in his office. (5) There is any fault in the e-Court fee certificate can be rectified till
the time related amount is not transferred in the account of the Government and
record relating to this shall be maintained by the Central Record-keeping
Agency. Also, it shall be included in the MIS report of that day. (6) On being satisfied from the verification reports under rule-3, if it is
established that the applicant has deposited the amount of stamp duty as
indicated in the application and the amount has not been utilized for
registration, the amount shall be refunded after deducting 10% of the deposited
amount subject to a minimum of Rs. 200/- (Rupees two hundred) and a maximum of
Rs. 5000/- (Rupees five thousand). CHAPTER-8 INSPECTIONS, AUDIT AND APPRAISAL OF THE PERFORMANCE OF THE SYSTEM (1) Officers authorized to inspect, any supervisory officer of the
Department or any private or public sector technical cum audit expert/agency
duly authorized by the Appointing Authority or by the Inspector General of
Registration in this behalf may inspect all or any of the branches/offices of
the Central Record-keeping Agency and Approved Intermediaries located within
its jurisdiction. (2) The Inspector General of Registration may, however, at any time on
receipt of a complaint or suo-moto, direct any official of the Department to
inspect any branch or office of the Central Record-keeping Agency or Approved
Intermediaries and to submit a report, be sides the regular inspections
mentioned in sub-rule(1). (3) The Accountant General, Bihar may also make audit of the receipts and
remittances made by the Central Record-keeping Agency. All or any of the branches/ offices of the Central
Record-keeping Agency and Approved Intermediaries in the State will be
inspected and audited as per the schedule provided by the appointing authority. During such inspection the Inspecting Officer or
the expert/agency may require the Officer In-charge of the inspected
branch/office to provide any information on soft and/or hard copy of any
electronic or digital record related to the collection and remittance of Court
Fees relating to any period of same and the concerned Central Record-keeping
Agency or Approved Intermediary shall provide such information on priority
basis. The Inspecting Officer and the technical-cum-audit
expert/agency shall submit inspection report mentioning the omissions,
violations, delay sorer regularities, if any, and give suggestion sand
recommendations to the Inspector General of Registration. The Inspector General of Registration on receipt of
inspection report shall take appropriate action in the matter and may (if so
warranted by the circumstances) make recommendation to the Appointing
Authority, including imposition of penalty and/ or termination of appointment
of Central Record-keeping Agency or the agency Authorized as Collection Centre.
If the Inspector General of Registration is also authorized by the Government
to function as Appointing Authority, he will take appropriate action in that
capacity. The Appointing Authority may, after giving a
reasonable opportunity of being heard to the Central Record-keeping Agency or
the Agency authorized as Collection Centre, take any appropriate action as it
deems fit on the basis of the inspection/technical audit report and the
recommendations of the Inspector General of Registration. CHAPTER-9 PENALTY FOR OMISSIONS AND VIOLATIONS In case the Central Record-Keeping Agency fails to
remit the amount of collected Court Fees in proper Account Head of the State
within the period stipulated in sub-rule (1) of rule 19, the Central
Record-Keeping agency shall be liable to pay penalty for the delay, be sides
the collected amount of Court Fees as per the terms of the agreement. If any act, omission, irregularity or violation on
the part of the Central Record-keeping Agency or any of its Authorized Collection
Centers has resulted in loss of revenue to the Government, the Central
Record-keeping Agency shall indemnify such amount of loss of revenue along with
interest calculated at the rate of one and half percent permen-sum and penalty
not exceedingly twice the loss of revenue to the Government. In case, the Central Record-keeping Agency does not
to pay the amount due to the Government and the penalty imposed by the
Appointing Authority under these Rules, such amount may be recovered from the arrear
of the commission. CHAPTER-10 MANAGEMENT INFORMATION SYSTEM/DECISION SUPPORT SYSTEM (1) The Central Record-keeping Agency shall provide Login ID and password to
the Inspector General of Registration and the Registrar General of the High
Court and to any or all such officers as they may direct in this regard, for
online access of the required information report in the E-Court Fees system. (2) The Central Record-keeping Agency shall furnish such in formation
including the following information reports to the Inspector General of
Registration and the Registrar General of the High Court and to any or all such
other officers as they may direct: - (i) Audit trail report-Tracking of all system-based actions performed by
users of collecting branches/offices of the Central Record-keeping Agency and
the Authorized Collection Centers pertaining to any specified day or period; (ii) Government payable reports. - Authorized Collection Center-wise
(including collection branches of the Central Record-keeping Agency) total
collection report of any specified day or period; (iii) Additional Court Fees certificate reports. -For all or any of the
collecting branches/offices of the Central Record-keeping Agency and Authorized
Collection Centers pertaining to any specified day or period; (iv) Locked E-Court Fees certificate reports. -Relating to all or any of the
Courts pertaining to any specified day or period; (v) Remittance reports. - A district-wise details of the remittances made by
the Central Record-keeping Agency into the Government Account pertaining to any
specified day or period; (vi) Report of cancelled E-Court Fees certificates- Report pertaining to
specified day or period; (vii) Certificate Generation reports. - Reports of E-Court Fees certificates
generated for any/ all collecting branches/offices of the Central
Record-keeping Agency and the Authorized Collection Centers pertaining to any
specified day or period; (viii) Yearly Court Fees Collection reports. - Yearly report of Court Fees
collected by any/all of the collecting branches/offices of the Central
Record-keeping Agency and the Authorized Collection Centers; (ix) Court Fees Type Collection report. - Showing category of
document-wise monthly Court Fees collections of any calendar year for any/all
collecting branches/offices of the Central Record-keeping Agency and the
Authorized Collection Centers; (x) Court Fees monthly collection report. -Court Fees monthly collection
report of any calendar year for Any/all of the collecting branches/offices of
the Central Record-keeping Agency and the Authorized Collection Centers; and (xi) Any other report or information as may be required by The Inspector
General of Registration from time to time. CHAPTER-11 ROLE OF TREASURY The Treasury Officer shall verify from the account
scroll received from the branch of the bank carrying on the work of Government
Business Branch, the details of the daily remittances of Court Fees made by the
Central Record-keeping Agency into the Government Account referred to in rule
19. CHAPTER-12 DELEGATION OF POWERS The Appointing Authority by making an order in
writing may delegate all or any of its powers and/or functions to the
officers(s) of the Department. BIHAR
E-COURT FEES (IMPLEMENTATION BY AGENCY) RULES, 2018
PREAMBLE