Assam act 008 of 1963 : Assam Court-Fees (Amendment) Act, 1963

v ,. Tlic 26th April 1963 No.LJL.20/63.—The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general a information. (Received the assent o f the Governor on the 23rd April, 1963)

ASSAM ACT No.VIII OF 1963 ~ THE ASSAM COURT-FEES (AMENDMENT)

ACT, 1963

(As passed by the Assembly) [Published in the Assam Gazette Extraordinary, dated the 26th April, 1963]

An Act

further to amend the Court-Fees Act, 1870, in its application to Assam.

Preamble Whereas it is expedient further to amend, the Act VII Court-Fees Act, I87O, hereinafter called the principal^of Act, in its application to Assam, in the manner hereinafter appearing.

I t is hereby enacted in the Fourteenth Year of the Republic of India as follows:—

Short title. 1- (1) This Act may be called the Assam Court- extent and Fees (Amendment) Act, 1963.

commence-

m e n t ' (2) It extends to the whole of Assam. Amendment

of Schedules

I and I I of

Act V II of

1870.

(3) It shall come into force with effect from the First day of April, 1963.

2. In the principal Act—

(1) In Schedule I, for articles number 6, 7, 8 and 9 the following shall be substituted, namely:—

Number

"6. Copy or trans- lation of a judgment or drder not being, or having the force of, a decree.

Proper Fee

When such judgment or order is passed by any Civil Court other than a High Court, or by the Presiding Officer of any Revenue Court or Office, or by any other Judicial or Executive Authority—

(a) If the amount or value One of the subject-matter is rupee, fifty or less than fifty rupees.

(b) I f such amount or value Two exceeds fifty rupees. rupees.

1

Number When such judgment or Four order is passed by a High rupees. Court.

7. Copy of a de- cree or order having the force of a decree. When such decree or order is made by any Civil Court other than a High Court, or by any Revenue Court—

*

(«) If the amount or value of Two the subject-matter of the rupees, suit wherein such decree or order is made is fifty or less than fifty rupees.

(b) If such amount or value Three exceeds fifty rupees. rupees. When such decree or order is S e v e n made by a High Court. rupees and fifty naye

paise.

2

(2) For Schedule II, the following shall be substituted, namely :—

" (Schedule II.—Fixed fees)

SCHEDULE II

Fixed Fees Number ----- Proper Fe*

1. Application or petition.

(«) When presented to any cffi- Fifty naye^paise, cer of the Customs or Excise

Department or to any Ma-

gistrate by any person having

dealings with the Govern-

ment, and when the subject-

matter of such application

relates exclusively to those

dealings ; or

when presented to any Muni-

cipal Board or other local

authority constituted under

any Act for the time being

in force for the conservancy

or improvement of any

place, if the application or

petition relates solely to

such conservancy or im-

provement ; or

when presented to any Civil

Court other than a princi-

pal Civil Court of original

jurisdiction, or to any Court

of Small Causes constituted

under Act No. 11 of 1865 or

under Act No. 16 of 1868,

section 20 or to a Collector

or other officer of revenue

in relation to any suit or

case in which the amount

or value of the subject-matter

is less than fifty rupees ; or

when presented to any Civil,

Criminal or Revenue Court,

or to any Board or execu-

tive officer for the purpose

of obtaining a copy or trans-

lation of any judgment,

decree or order passed by

such Court, Board or officer,

or of any other document

on record in such Court or

Office.

3

Number

1. Application petition— contd. Seven rupees and fifty naye paise. 9r(6) When presented to a Regional Transport Authority or State Transport Authority con- taining a prayer for permits lor Contract Carriage, Stage Carriage, Private Carrier or Public Carrier or for any other purpose.

(0 When containing a complaint or charge of any offence other than an offence for which police-officers may, under the Criminal Pro-

cedure Code, arrest without warrant and presented to any Criminal C ourt; or

when presented to a Civil, Criminal or Revenue Court, or to a Collector, or any revenue officer having juris- diction equal or subordinate to a Collector, or to any Magistrate in his executive capacity, and not otherwise provided for by this A c t; or to deposit in Court revenue or rent ; or

for determination by a Court of the amount of compensa- tion to be paid by a land- lord to his ten an t; or when presented to a collector or other officer making a settlement of land revenue, or to a Board of Revenue, or a Commissioner of Reve- nue, relating to matter# connected tvith the assess- ment of land or the as-

certainment of rights there- to or interest therein, if pre- sented previous to the final confirmation of such settle- ments ; or

when presented to any officer of land revenue by any per- son holding temporarily

settled land under direct engagement with Govern-

ment, and when the subject- matter of the application or petition relates exclu-

sively to such engagement. In the case of a

complaint or charge

of an offence presen-

ted to a criminal

court or in the case

of an application or

petition presented

to any officer of

land revenue by

any person holding

temporarily settled

land under direct

engagement with

Government, and

when the subject-

matter of the appli-

cation or petition

relates exclusively to

such engagement

one rupee and fifty

naye paise and in

other cases one

rupee.

-A-

4

Number Proper Fee

1. Application or petition—concld. (d~) When presented to a Chief Commissioner or o t h e r Chief Controlling Revenue or Executive Authority, or to a Commissioner of

Revenue or Circuit, or to any chief officer charged with the executive admi- nistration of a Division and not otherwise provided for by this Act.

(e) When presented to a High Court.

( / ) When presented to any officer containing prayer for settlement cf fishery, ferry, forest produce, f o r e s t mahals, elephant mahals, or an offer giving terms for acceptance of Government for any construction or an application for a permit or license to deal in controlled commoditities.

Three rupees.

Six rupees.

Seven rupees and

fifty naye paise.

(g) When presented to an Appropriate Revenue Au- thority for demarcation of land—

(t) when the area of such land Two rupees, does not exceed one hectare;

(ii) for each subsequent area One rupee, of one hectare or part

thereof.

1A. Application to

any Civil Court that

records may be called

for from a n o t h e r

Court.

When the Court grants the

application and is of opinion that the transmission of

such records involves the use of the post.

One rupee and

fifty naye paise

in addition to

any fee levied

on the applica-

tion u n d e r

c l a u s e (a),

clause (c) or

clause (e) of

Article 1 of this

Schedule.

5

6

Number

Proper F«e

2. Application for leave to sue' as a pauper,

3. Application for leave to appeal as a pauper.

(a) When presented toj.* trict Court.

O m ruj»««

Dis* Tws rupees.

(b) When presented to a Com* missioner or a High Court. Three rupees.

4.. ........... ...........

5. Plaint or me- morand um of appeal in a suit to establish or disprove a right of occupancy.

6. Bail-bond or other i nstrument of obligation given in pursuance of an order ; made by a Court or | Magistrate under any )- section of the Code of | Criminal Procedure, j 1898, or the Code of I Civil Procedure, 1908 and not otherwise provided for by this Act.

7. Undertaki n g under section .49 of the Indian Divorce Act, 1869.

One rupee,

ActsV

ofI898

Act V

of 1908

Act IV

•fI863

8..............................

9 . . ...........................

10. Mukhtarnama or Wakalatnaraa. When presented for the con- duct of any one case— (fl) to any Civil or Criminal Court other than a High Court, or to any Revenue Court, or to any Collector or Magistrate, or other executive officer except such as are mentioned in clauses

(b) and (r) of this Number; One rupee.

Number

10. Mukh t a r n a- ma or Wakalatnama— concld.

11. Memoran d u m ol appeal when the appeal is not from a decree or an order having the force of a decree, and is present- cd.

Proper Fee

(b) to a Commissioner of Two rupees Revenue, Circuit or Cus- and fifty nayt toms or to any officer paise. charged with the executive

administration of a I >ivi- sion, not being the Chief

Revenue or Executive

Authority ;

(c) to a High Court/ Chief Five rupees. Commissioner, Board of

Revenue, or other Chief

Controlling Revenue or

Executive Authority, or/

an appellate authority

prescribed under the

Motor Vehicles Act, 1939

or to an appellate autho-

rity prescribed under the

Assam Sales Tax Act,

1947.

Act IV of 1939 Assam Aet

X V II of

1947

(a) to any Civil Court other Three rupees, than a High Court, or to

any Revenue Court or

executive officer other

than the High Court or

Chief Controlling Reve-

nue or Executive Authori-

ty except an authority

specified in clause (b) ;

(i) to an Excise appellate Fifteen rupees, authority under Rule 340

of the Assam Excise

Rules ;

(c) to a High Court or Chief Commissioner, or other Chief Controlling Execu- tive or Revenue Authority except an authority pres- cribed in clause (b) ;

(d) to an Excise Appellate Authority under Rule 341 of the Assam Excise Rules ;

(«) to a High Court in miscel- laneous revenue matters except (f) below or to an appellate authority pres- cribed under the Motor Vehicles Act, 1939 ■ and Ten rupees.

Fifty rupees.

F i f t e e n

rupees.

Act IV

of 1939

7

>^{i /*_}8 Number Proper Fee ( / ) to a High Court in appeal and revision matters aris- ing out of settlement of fisheries—

(i) when the bid money is below ten thousand rupees ;

(ii) when the bid money is above ten thousand rupees but below twenty thousand rupees;

(iii) when the bid money is above twenty thousand rupees.

F i f t e e n

rupees.

Twenty-five

rupees.

T h i r t y

rupees.

12 Caveat

13. Applic a t i o n under Act No. 10 of 1859, section 26, or Bengal Act No. 6 of 1862, section 9, or Bengal Act No. 8 of 1869, section 37.

14. Petition in a suit under the Native Converts' Marriage Dissolution Act, 1866. Ten rupees.

Five rupees.

Five rupees Act

XXI of

1866.

15.............................

16............................ .

17. Plaint or memo- randum of appeal in each of the following suits :•—

(i) to alter or set' aside a summary deci- sion or order of any of the Civil Courts not established by Letters Patent or of any Re- S- venue C ourt;

(ii) to alter or can- cel any entry in a register of the names of-proprietors of reve- nue-paying estates; . F i f t e e n

rupees.

8

Number

(iii) to obtain a de- claratory decree where no consequential re- lief is prayed ;

(iv) to set aside an award ;

(v) to set aside an adoption ;

(vi) every other suit where it is not possible to estimate at a money-value the subject-matter in dis- pute, and which is not otherwise provided for by this Act.

18. Application un- der section 14 or section 20 of the Indian Arbitration Act, 1940, for a direc- tion for filing an award or for an order for filing an agree- ment.

19. Agreement in writing stating a ques- tion for the opinion of the Court under the Code of Civil Proce- dure, 1908.

20. Every petition under the Indian Di- vorce Act, 1869, except t petitions under section 44 of the same Act, and every memoran- dum of appeal under section 55 of the same Act.

21. Plaint or me- morandum of appeal under the Parsi Mar- riage and Divorce Act, 1865.

Proper Fee

T w e n t V

rupees.

Fifteen

rupees.

Twenty

rupees.

Fifteen

rupees.

When presented to a Mun- siff's Court.

When presented to other Court.

Fifteen

rupees.

any Fifty

rupees.

Fifteen

rupees.

Act X

of

1940.

Act V of

1908.

Act IV of

_ 1869. Twenty rupees Twenty A c t X V rupees. o f 1865."

R. C. CHAUDHURI,

J t. Secy, to the Govt, of Assam, Law Deptt.

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