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Orissa act 034 of 1992 : Court Fees (Orissa Amendment) Act, 1992

Preamble

*Court Fees (Orissa Amendment) Act, 1992**

[Orissa Act No. 34 of 1992][5th December, 1992]

An Act to amend the Court Fees Act, 1870 in its Application to the State of Orissa.

Be it enacted by the Legislature of the State of Orissa in the Forty-third Year of the Republic of India as follows:-

* For the Bill, see Orissa Gazette, Extraordinary, dated the 28th October, 1992 (No. 1463).

** [Received the assent of the Governor on the 5th December, 1992, first published in an extraordinary issue of the Orissa Gazette, dated the 7th December, 1992]

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Court Fees (Orissa Amendment) Act, 1992.

(2) It shall be deemed to have come into force on the 14th day of August, 1992.

Section 2. Amendment of Section 1

2. Amendment of Section 1.- In Schedule I to the Court Fees Act, 1870 (7 of 1870) as amended in its application to the State of Orissa (hereinafter referred as the principal Act),-

(a) in article I, for the words Tinny-seven rupees fifty naye paise" occurring as the last party under the heading "proper fee" the words "One hundred rupees" shall be substituted;

(b) in the foot note to the Table of rates of adwalorem fees appearing under heading "(a) Table of rates of advalorem fees leviable on plaints, etc., mentioned in Article 1 of Schedule I", for the words "thirty-seven rupees fifty naye paise", the words, "one hundred rupee;" shall be substituted.

Section 3. Amendment of Section II

3. Amendment of Section II.- In Schedule II to the principal Act, under the heading "proper fee" for the entries as mentioned in column (2) of the following Table against the corresponding articles in column (1) thereof, the entries as mentioned against them in column (3) of the said Table shall respectively be substituted:-

Table

Corresponding Article Entries Occurring under the heading "proper fee" Entries to be substituted
(1) (2) (3)
1. (a) Forty-five paise One rupee
(b) In case of criminal complaint and appeal, two rupees and twenty-five paise and in other cases one rupee and twenty-paise. In case of criminal complaint and appeal, four rupees and in other cases two rupees.
(c) Two rupees and fifty paise Five rupees
(d)(i)(a) Five rupees and fifty paise Eleven rupees
(b) Eleven rupees Twenty rupees
(ii) Two rupees and twenty paise Four rupees
1-A One rupee and sixty-five paise in addition to any fee levied on the application under clause (a), clause (b) or clause (d) of article-1 of this Schedule. Three rupees in addition to any fee levied on the application under clause (a), clause (b) or clause (d) of article-1 of this Schedule.
2. Fifty-five paise One rupee
3. (a) One rupee and ten paise Two rupees
(a) Two rupees and twenty paise Four rupees
4. Fifty naye paise One rupee
5. Fifty naye paise One rupee
6. Fifty naye paise One rupee
7. Fifty naye paise One rupee
10. (a) Two rupees and twenty-five paise Four rupees
(b) Three rupees and seventy-five paise Seven rupees
(c) Four rupees Eight rupees
11. (a) One rupee Two rupees
(b) Four rupees Eight rupees
12. Ten rupees Twenty rupees
13. Five rupees and fifty paise Ten rupees
14. Eleven rupees Twenty-one rupees
17. Fifteen rupees Thirty rupees
17. A(a) Ten rupees Twenty rupees
(b) Fifteen rupees if the value for purposes of jurisdiction does not exceed four thousand rupees. One hundred rupees if such value exceeds four thousand rupees. Thirty rupees if the value for purposes of jurisdiction does not exceed four thousand rupees. Two hundred rupees if such value exceeds four thousand rupees.
18. Sixteen rupees and fifty paise Thirty-two rupees
19. Fifteen rupees Thirty rupees
20. Thirty-three rupees Sixty-two rupees
21. Thirty rupees Sixty rupees

Section 4. Repeal and savings

4. Repeal and savings.- (1) The Court Fees (Orissa Amendment) Ordinance, 1992 (Orissa Ordinance No. 9 of 1992) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended, by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.