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1999 DIGILAW 451 (PAT)

Bihar Yuva Adhivakta Kalyan Samiti v. State of Bihar

1999-05-20

AFTAB ALAM

body1999
ORDER The Chief Secretary, the Finance Commissioner and the Law Secretary are present. The Finance Commissioner presents a chart from which it appears that information’s concerning sale of welfare stamps have been received from 16 out of 54 Sub-treasuries in the State. Certain amounts have also been received from 35 Sub-treasuries as the sale proceeds of the stamps but it is yet to be verified whether the entire sale proceeds along with year-wise statements of account have been received at the Finance Department. According to the chart presented by the Finance Commissioner a sum of Rs.1,67,97, 486.85 paise was received as sale proceeds of welfare stamps during the year 1985-99 and this entire amount, according to the Finance Commissioner has been transferred to the Trustee Committee. Mr. Jha, learned counsel for the petitioner stated that on a rough estimate the total sale proceeds of welfare stamps all over the State during this period should not be less than Rs. 35 crores. Without expressing any opinion regarding the exact amount of sale proceeds during those years, it can be safely presumed that the total sale proceeds would be much higher than the amount collected so far i.e. Rs. 1.67 crores and odd. It is, thus evident that the present procedure under which the welfare stamps are being sold through an intermediary stamp vendors is not working quite satisfactorily and a very large percentage of the sale proceeds, at least for the present is going unaccounted for. It is also reported that a big source of pilferage is the sale of fake and spurious stamps by the Stamp Vendors. From the foregoing it appears that two basic issues regarding the sale of welfare stamps are to be dealt with in this case. The first concerns the recovery of the sale proceeds of the welfare stamps sold in the past during the year 1985 to 1999. And the other is to evolve for the future a more effective procedure for the distribution, sale and collection of sale proceeds of the welfare stamps. The Chief Secretary, the Finance Commissioner and the Law Secretary assured the court of their fullest cooperation on both the issues. As regards the matter of recovery, the Finance Commissioner stated that he would summon a meeting of all the Treasury Officers in the State and ask them to submit year wise statements and the sale proceeds for the past years. As regards the matter of recovery, the Finance Commissioner stated that he would summon a meeting of all the Treasury Officers in the State and ask them to submit year wise statements and the sale proceeds for the past years. He assured the court that when this case is next listed on the reopening of the court, he would be in a position to apprise the court more fully about the development in this matter. As regards the second issue of future sale of the welfare stamps it is the feeling of this court that much of the irregularities can be avoided by excluding the intermediary stamp vendors and leaving the distribution, sale and collection of the sale proceeds of those stamps in the hands of the Lawyers' Associations. The object of the Act is to create a fund for the welfare of the Lawyers. It thus naturally follow that the management of the fund should also be left as far as possible in the hands of the Lawyers and no room should be allowed to an outside agency i.e. the intermediary stamp vendors. It is reported to this court that the Government had in fact taken a decision to give licence for the sale of the welfare stamps to the local Advocates' Association and necessary instruction in this regard was also issued to all the District Magistrates. It is further reported that at some places the District Magistrate has given licence to the Local Advocates Association and that has brought about a remarkable increase in the collection of the sale proceeds of the welfare stamps but unfortunately in most of the places the concerned District Magistrates were simply sitting over the matter and the requisite licences were not issued to the local Advocates Associations. In those place the pilferage of the sale proceeds of the welfare stamps was going on unabated. The Chief Secretary and the Finance Secretary assured the court that they would take immediate steps to ensure that the licences for the sale of welfare stamps are issued to all the Advocates associations by the concerned District Magistrates without any further delay. They would report to this court in this regard too when this case is next listed for hearing. Put up this case for further hearing in chamber at 3 PM on July, 2, 1999. They would report to this court in this regard too when this case is next listed for hearing. Put up this case for further hearing in chamber at 3 PM on July, 2, 1999. The Court Constituted a committee for monitoring the issuance of all licences to all the Advocates' Association and if so required to involve a scheme for a proper distribution and sale of welfare stamps by subsequent order dated 13.7.99 13.7.1999 The Chief Secretary, the Finance Commissioner and the Law Secretary are present as before. The Addl. A.G. No. II and the officers appraised the court regarding the progress made in this matter after the last order was passed on 20.5.1999. It is a unfortunate that there is not much to record on that score. The Finance Commissioner produces a chart giving district-wise figures of the sale proceeds of the Welfare stamps during the period 1985 till date. The chart also indicates the amounts sent to the Trustee Committee from each of the districts during this period. According to the figures given in the chart, the total sale proceeds of the stamps during this period in all the districts of the State amounted to a little over Rs. 5.05 corers and after making various deductions (e. g. commission, printing charges, B. D. Commission) a sum of Rs. 4.53 crores was credited to the account of the trustee Committee. According to the Finance Commissioner, the aforesaid amount accounted for the total sale proceeds for the stamps during this period in this State and nothing more was to be done in that regard. The figure of total sale proceeds ex facie appears to be very low. In the previous order, dated 20.5.99. It was noted that according to Mr. Jha, learned counsel for the petitioners, the total sale proceeds of welfare stamps all over the State during this period should not be less than Rs. 35 crores. Let a copy of the chart produced by the Finance commissioner be handed over to Mr. Prem Kumar Jha and it will be open to him to file his comments in this chart on an affidavit so that if considered necessary appropriate directions may be given by this court on this issue. 35 crores. Let a copy of the chart produced by the Finance commissioner be handed over to Mr. Prem Kumar Jha and it will be open to him to file his comments in this chart on an affidavit so that if considered necessary appropriate directions may be given by this court on this issue. As regards the issuance of licence for sale of welfare stamps in favour of the local Advocates Association, the Law Secretary and the Chief Secretary informed that necessary instructions were issued by the Department of Registration and instructions were also sent to the District Magistrate. Mr. Jha, however, stated that of about two months from 20.5.99 when directions in this regard were given by this court, not a single licence was issued by any of the District Magistrates in favour of any Advocates' Association. He stated that no licence was even issued to the High Court Advocates' Association though an application on its behalf was made long ago. The A. A. G. II and the officers are not in a position to delay the statements made by Mr. Jha. I find the situation far from satisfactory. Despite assurances given on the earlier date very little, if anything at all seems to have been done in this matter even after about two months. I feel constrained to record this court's displeasure over the manner in which the Government seems to be acting in this matter. Here, the Chief Secretary stated that now he will personally look into the matter and issue stringent instructions to all the District Magistrates for issuance of licences to all the Advocates' Association on whose behalf applications might have been made earlier without any further delay and preferably within two months from the date of receipt of the letter from the Chief Secretary. In that regard following steps are to be taken. Mr. Prem Kumar Jha, counsel for the petitioners will obtain a district-wise list of all the recognized Advocates' Association from the Bihar Bar Council. He w I hand over a copy of the list to the A. A. G. witin one week from today. In that regard following steps are to be taken. Mr. Prem Kumar Jha, counsel for the petitioners will obtain a district-wise list of all the recognized Advocates' Association from the Bihar Bar Council. He w I hand over a copy of the list to the A. A. G. witin one week from today. The A. A. G. II will pass on the list to the Chief Secretary who will write on that basis to all the District Magistrates to issue the necessary licences to each of the Advocates' Association within their jurisdiction within two months from the date of receipt of his letter. Needless to say that the District Magistrates will be bound to carry out the directions issued by the Chief Secretary and their failure to do so without any valid reason may be viewed as disobedience of this court's order. At this stage, the Chief Secretary made a suggestion that a committee should be constituted for monitoring the issuance of licences to all the Advocates' Association and, if so required, to evolve a scheme for a proper distribution and sale of welfare stamps so that any further loss of their sale proceeds may not occur. This court considers the suggestion quite appropriate and directs that a committee be constituted consisting of the Chief Secretary as its Chairman and the Finance Commissioner, the Law Secretary, and the I.G. Registration as its members. Besides the afore-mentioned officials, the committee will have as its members Mr. A. A. G. II and Mr. Prem Kumar Jha, Advocate. If so required, the Chief Secretary may also invite any other official or a member or nominee from the Bihar Bar Council. The Chief Secretary will convene the meeting of the committee as per his convenience and the other members of the committee will be given the necessary information through the A.A.G. II. Let this case be listed after three months when A.A.G.II will apprise the court about further developments in this matter. Let copies of the order be given to Mr. A.A.G.II and Mr. Prem Kumar Jha.