D.N.PATEL, J. - (1.) THIS interlocutory application has been preferred by the Chairman, Jharkhand State Bar Council. It is prayed in this interlocutory application that Advocates' Welfare Fund Stamps are not available and therefore, those, who are filing their Vakalatnama or affidavit, are not affixing the welfare stamps. The amount collected from the sale of these welfare stamps is meant for the welfare of the Advocates and earlier this Court has passed an order dated 19th March 2013, after calling of the Assistant Inspector General of Registration as well as Inspector General of Registration that the State Government is having 2,68,00,000/ stamps in its pocket and unnecessarily scarcity of Advocates' Welfare Fund Stamps is created in the State of Jharkhand. It has been observed in the earlier order of this Court dated 13 th March, 2013 as well as in the order dated 4th April, 2013 that requisition/demand of stamps is in the hands of those, who are the beneficiaries of scarcity created by themselves. Power was given by the State Government to those who are beneficiaries of scarcity, to forward the demand of the stamps. This demand was never made by such beneficiaries of this scarcity. Stamps worth Rs. 2.5 are alleged to have been sold at the cost approximately Rs.10/ . Sizable benefit they were getting. This Court had passed an order on 19th March, 2013 that the Inspector General of Registration shall formulate a policy so that the amount of Stamps may be recovered and can be utilized for the welfare of the Advocates. The induced scarcity was created by few limited persons. This is a misfortune of the Advocates that though sizable number of welfare stamps are available with the Government, these stamps are not being distributed, because of lack of proper policy on the part of the State regarding distribution and sale.
(2.) AFTER the order passed by this Court in this matter dated 13 th March, 2013, 19th March, 2013 and 4th April, 2013, now detailed counter affidavit along with Annexure- 'A', 'B' and 'C' has also been filed by the Secretary cum Inspector General of Registration and it is submitted by the Additional Advocate General that by virtue of the new policy decision those who are beneficiaries of the scarcity of the welfare stamps they shall not move the requisition. The requisitions now shall be moved by the District Bar Associations. In fact, Jharkhand State Bar Council and the District Bar Associations are the actual beneficiaries of the Advocate's Welfare Fund Stamps amount, but, unnecessarily, the money is going into the private pockets and therefore, new policy has been framed by the respondent State, which are as under: (i) Under Section 23 of the Jharkhand Advocate's Welfare Fund Act, 2012, the Jharkhand State Bar Council shall make requisition of sufficient number of Advocate's Welfare Fund Stamps to the Inspector General of Registration and this demand of the Jharkhand State Bar Council will be based upon the demand from different District Bar Associations. (ii) Upon receipt of this requisition from the Jharkhand State Bar Council, the Inspector General of Registration shall submit indent of adequate number of Advocate's Welfare Fund Stamps to the Security Printing Press at Nasik, whereupon, proper steps shall be taken by it so that the Advocate's Welfare Fund Stamps may be received at the earliest, so as to avoid the consequences of the scarcity. The Inspector General of Registration shall not only send the reminders for getting the welfare stamps, but, if need arises, shall also send a responsible officer from Ranchi to Nasik so that this welfare stamps may be collected promptly because this amount is an amount to be given to the Jharkhand State Bar Council for the welfare of the Advocates of the State of Jharkhand. (iii) Upon receipt of the Advocate's Welfare Fund Stamps, the same shall be safely stored in the Central Stamp Depot at Ranchi. (iv) Having received the Advocate's Welfare Fund Stamps, it shall be the duty of the Inspector General of Registration to distribute the welfare stamps to the respective District Treasury Officer in accordance with the requisition, within a period of 15 days after receiving the stamps from the Security Printing Press, Nasik. (v) After receiving the Advocate's Welfare Fund Stamps by the respective District Treasury Officer it shall be the duty of the District Treasury Officer of the concerned district to inform the local Bar Association within a period of one week after receiving the Stamps so that the local Bar Association can take possession of such Stamps for further distribution. (vi) Simultaneously, the Jharkhand State Bar Council shall also be entitled to receive the Advocate's Welfare Fund Stamps from the Central Stamp Depot at Ranchi upon giving bond as well as undertaking for further distribution of the stamps in the district. This undertaking will be to the effect that after the sale of the Advocate's Welfare Fund Stamps at the end of every three months, whatever amount collected, after sale of this Stamp, the same shall be deposited in District Treasury Office, Ranchi. (vii) It shall be the power vested in the local Bar Associations that they may collect the Advocate's Welfare Fund Stamps either from respective Treasury Officer, upon payment of the amount equal to the stamps purchased or they can also collect the Advocate's Welfare Fund Stamps from the Jharkhand State Bar Council. (viii) It is also submitted by the Additional Advocate General on the basis of the Annexures 'A', 'B' and 'C' to the affidavit filed by the Inspector General of Registration that after the amount deposited by the Jharkhand State Bar Council before the Treasury Officer at Ranchi at the end of every three months' period, the Treasury Officer at Ranchi shall within period of two weeks deduct the amount of printing cost, other necessary charges and after necessary deductions, rest of the amount shall be returned within further period of two weeks to the Jharkhand State Bar Council by way of bank draft. Thus, after the amount is deposited by the Jharkhand State Bar Council, within four weeks the remaining amount will be returned. The draft shall be prepared in the name of "Advocates' Welfare Fund Trustee Committee". The draft in the aforesaid name shall be given by the Treasury Officer to the Jharkhand State Bar Council and this amount shall be deposited in the Bank account of 'Advocates' Welfare Fund Trustee Committee'. (ix) It shall be the duty of the Distinct Treasury Officer at Ranchi to give detail account of the amount, so deducted. (x) In case the local Bar Association opts for purchase of Advocate's Welfare Fund Stamps from the respective District Treasury Officer, it shall be the duty of the District Treasury Officer to maintain proper account and it shall be the duty of the respective District Treasury Officer, that at the end of every financial year they shall also deduct the cost of printing and such other incidental charges and allowable deduction and the remaining amount shall be given to the Jharkhand State Bar Council in the form of bank draft in the name of "Advocates' Welfare Fund Trustee Committee". (xi) It shall be the duty of the respective Treasury Officer that no sooner did approximately 75% of the Advocate's Welfare Fund Stamps are being sold away, proper requisition shall be made to the Inspector General of Registration for Advocate's Welfare Fund Stamps, so that, in turn, the Inspector General of Registration may put proper requisition before the Security Printing Press at Nasik for printing of Advocate's Welfare Fund Stamps. (xii) The Advocate's Welfare Fund Stamps shall be sold only to the local Bar Associations as well as to the Jharkhand State Bar Council. (xiii) Regarding those District Bar Associations, who do not have the licence to sell the Advocate's Welfare Fund Stamps, it is assured by the Jharkhand State Bar Council that they shall immediately prefer such applications before the appropriate officer of the State of Jharkhand, so that immediately such licences can be issued. It is submitted by the Additional Advocate General that the proper officer is Deputy Commissioner, who can issue the licence and therefore, we hereby, direct the Deputy Commissioner of the concerned district that he shall issue licence within a period of seven days from the date of receipt of application from the local Bar Associations. This application shall be preferred with all necessary requisites and documents including fees etc., if any. (xiv) It is submitted by the Additional Advocate General that the State of Jharkhand has enacted the Jharkhand Stamp (Use of Franking Machine/Tax Meter/E Stamping) Rules, 2009 in exercise of powers under Section 75 of the Indian Stamp Act, 1899 and in pursuance of these Rules if the Bar Council of the State of Jharkhand or any local Bar Associations of the district of the State of Jharkhand wants to use the franking machine instead of or in addition to the usage of Advocate's Welfare Fund Stamps, they shall prefer necessary applications in accordance with Rules so that the necessary permission may be granted at the earliest. It is assured by the Jharkhand State Bar Council that they shall prefer such application immediately in accordance with the aforesaid Rules, but, it is submitted that upon preferring such application some time frame may be given to dispose of such applications. The deposition of amount and then deductions and then return of rest of amount, whenever franking machine is used by the Jharkhand State Bar Council and/or by the District Bar Association shall be governed by the Jharkhand Stamp (Use of Franking Machine/Tax Meter/E Stamping) Rules, 2009. We therefore, direct the State Authorities that if such applications for use of Franking Machine either by the Jharkhand State Bar Council or from local Bar Associations of the State of Jharkhand are received, within a period of 15 days, the same shall be disposed of and as far as possible permission shall also be granted so as to avoid the regular requisition for the Stamps and waiting for collection and distribution etc. Facilities of Franking Machine should be used in the State of Jharkhand especially for these types of welfare funds stamps as per sub Section (6) of Section 23 of the Jharkhand Advocate's Welfare Fund Act, 2012. It has been stated that the system shall be evolved for franking machine instead of printed welfare fund stamps. (xiv) It is also submitted by the Additional Advocate General that by virtue of the new policy as stated in the affidavit filed by the Inspector General of Registration, State of Jharkhand now a new Committee has been constituted of five members, as detailed herein below: Sl No. Name Designation 1 I.G. Registration President 2 Chairman, State Bar Council Secretary 3 Assistant Inspector General I Member 4 Assistant Inspector General II Member 5 One member nominated by State Bar Member Council This Committee shall be empowered to monitor the availability and distribution of Advocate's Welfare Fund Stamps and shall convene a meeting at a regular intervals, at least once in an English Calender month. These directions are based upon the three Annexures of the affidavit filed by the Inspector General of Registration as well as on the basis of the Jharkhand Advocate's Welfare Fund Act, 2012 and the Rules made thereunder.
(3.) THIS interlocutory Application shall be placed before this Court on 18 th November, 2013 to get report from the aforesaid Committee about implementation and execution of the aforesaid directions.;