Assam act 027 of 1972 : Court-Fees (Assam Amendment) Act, 1972

Preamble

Court-Fees (Assam Amendment) Act, 1972*

[Assam Act No. 27 of 1972][8th December, 1972]

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

Whereas it is expedient further to amend the Court-Fees Act, 1870 (Act VII of 1870), hereinafter called the Principal Act, in its application to Assam in the manner hereinafter appearing;

It is hereby enacted in the twenty-third years of the Republic of India as follows:

* [Received the assent of the Governor on the 8th December, 1972, Published in the Assam Gazette, Extraordinary, dated the 13th December, 1972].

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the Court-Fees (Assam Amendment) Act, 1972.

(2) It extends to the whole of Assam.

(3) It shall come in to force on such date as the State Government may, by notification the official Gazette, appoint.

Section 2. Amendment of Schedule I of Act VII of 1870

2. Amendment of Schedule I of Act VII of 1870.- In Schedule I to the Principal Act.

(1) for Art. 1, the following shall be substituted, namely:

Number Proper fee
(1) (2) (3)
"1. Plaint, written statement pleading a set-off or counterclaim or memorandum of appeal not otherwise provided for in this Act, or of cross-objection presented to and any Civil or Revenue Court except those mentioned in S. 3 When the amount or value of the subject-matter in dispute does not exceed one hundred rupees, for every five rupees or part thereof of such amount or value. and Fifty-five paise.
When such amount or value exceeds one hundred rupees, for very ten rupees or part thereof, in excess of one hundred rupees up to one hundred and fifty rupees and One rupee and ninety-five paise.
When such amount or value exceeds one hundred and fifty rupees, for every ten rupees, or part thereof up to one hundred rupees. and One rupees and forty paise
When such amount or value exceeds one thousand rupees, for every one hundred rupees, or part thereof in excess of one thousand rupees up to seven thousand five hundred rupees. and Eight rupees and twenty-five paise.
When such amount or value exceeds seven thousand five hundred rupees, for every two hundred and fifty rupees, or part thereof, in excess of seven thousand five hundred rupees up to ten thousand rupees. and Sixteen rupees and fifty paise
When such amount, or value exceeds ten thousand rupees, for every five hundred rupees, or part thereof, in excess of the thousand rupees, up to twenty thousand rupees. and Twenty-four rupees and seventy-five paise
When such amount or value exceeds twenty thousand rupees, for every one thousand rupees, or part hereof in excess of twenty thousand rupees up to fifty thousand rupees. and Thirty-three rupees
When such amount or value exceeds fifty thousand rupees, for every five thousand rupees, for every five thousand rupees, or part thereof in excess of fifty thousand rupees. Forty-one rupees and twenty-five paise.
Provided that maximum fee leviable on a plaint or memorandum of appeal shall not exceed eleven thousand rupees". Forty-one rupees and twenty-five paise:

(2) for Arts. 6, 7, 8, and 9 and 9 the following shall be substituted, namely:

Number (1) (2) Proper fee (3)
"6. Copy or translation of a judgment or order not being or having the force of a decree When such judgment or order is passed by any Civil Court other than High Court, or by the Presiding officer of any Revenue court or officer or by any other Judicial or Executive Authority:
(a) if the amount or value of the subject-matter is fifty or less than fifty rupees. One rupee and ten paise
(b) if such amount or value exceeds fifty rupees. Two rupees and twenty paise
(c) when such judgment or order is passed by a High Court. Four rupees and forty paise
7. Copy of decree or order having the force of a decree When such decree or order is made by any Civil Court other than a High Court other than a High Court, or by any Revenue Court-
(a) if the amount or value of the subject-matter of the suit wherein such decree or order is made is fifty or less than fifty rupees. Two rupees and twenty paise
7. Copy of a decree 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-
(a) if the amount or value of the subject-matter of the suit wherein such decree or order is made is fifty or less than fifty rupees. Two rupees and twenty paise
(b) if such amount or value exceeds fifty rupees. Three rupees and thirty paise
(c) when such decree or order is made by High Court. Eight rupees and twenty-five paise
8. Copy of any document liable to stamp-duty under the Indian Stamp act, 1899 (Act II of 1899), when left by any part to a suit or proceeding in place of the original withdrawn. (a) when the stamp-duty charge able on the original does to exceed one rupee. The amount of the duty chargeable on the original.
(b) in any other case One rupees and twenty paise.
9. Copy of any revenue or judicial proceeding or order not otherwise provided for by this Act, or copy of any account, statement, report or the like, taken out of any Civil or Criminal or Revenue Court or office or from the office of any Civil Officer charged with the executive administration of Division. For every three hundred and sixty words or fraction of three hundred and sixty words One rupee and twenty paise"

(3) the table of rates of ad valorem fees leviable on the institution of suits at the end shall be substituted by the following:

Section 3. Amendment of schedule II of Act VII of 1870

3. Amendment of schedule II of Act VII of 1870.- For Schedule II to the principal Act, the following shall be substituted, namely:

Schedule 1

Schedule 1

THE SCHEDULE

Table of rates of ad valorem fees leviable on the institution of suits

[See Section 4 of the Assam Court-fees (Amendment) Act, 1958]

When the amount or value of the subject-matter exceeds But does not exceed Proper fee
(1) (2) (2)
Rs. Rs. Rs. Np.
… 5 0.55
5 10 1.10
10 15 1.65
15 20 2.20
20 25 2.75
25 30 3.30
30 35 3.38
35 40 4.40
40 45 4.95
45 50 5.50
50 55 6.05
55 60 6.60
60 65 7.15
65 70 7.70
70 75 8.25
75 80 8.80
80 85 9.35
85 90 9.90
90 95 10.45
95 100 11.00
100 110 12.95
110 120 14.85
120 130 16.80
130 140 18.70
140 150 20.65
150 160 12.25
160 170 23.30
170 180 24.60
180 190 25.90
190 200 27.25
200 210 20.55
210 220 29.55
220 230 31.20
230 240 32.50
240 250 33.85
250 260 35.15
260 270 36.50
270 280 37.80
280 290 39.15
290 300 40.45
300 310 41.75
310 320 43.10
320 330 44.40
330 340 45.70340
340 350 47.50
350 360 41.35
360 370 49.70
370 380 51.00
380 390 52.35
390 400 53.65
400 410 54.95
410 420 56.30
420 430 57.60
430 440 58.90
440 450 60.25
450 460 61.25
460 470 62.90
470 480 64.25
480 490 56.55
490 500 66.85
500 510 38.15
510 520 69.50
520 530 70.80
530 540 72.15
540 550 73.45
550 560 74.75
560 570 76.10
570 580 77.40
580 590 78.75
590 600 80.05
600 610 81.32
610 620 82.70
620 630 84.00
630 640 85.30
640 650 86.65
650 660 87.95
660 670 89.30
670 680 90.60
680 690 91.95
690 700 93.25
700 710 94.55
710 720 95.90
720 730 97.20
730 740 98.55
740 750 99.85
750 760 101.15
760 770 102.50
770 780 103.80
780 790 105.15
790 800 106.75
800 810 107.75
810 820 109.10
820 830 110.40
830 840 111.75
840 850 113.05
850 860 114.35
860 870 115.70
870 880 117.00
880 890 118.35
890 900 119.65
900 910 119.65
910 920 122.30
920 930 123.60
930 940 124.95
940 950 126.25
950 960 127.55
960 970 128.90
970 980 130.20
980 990 131.50
990 1,000 132.85
1,000 1,100 141040
1,100 1,200 145.35
1,200 1300 157.60
1,300 1,400 165.85
1,400 1,500 174.10
1,500 1,600 182.34
1,600 1,700 190.60
1,700 1,800 191.85
1,800 1,900 207.10
1,900 2,000 215.35
2,000 2,100 223.60
2,100 2,200 231.85
2,200 2,300 140.10
2,300 2,400 248.35
2,400 2,500 256.60
2,500 2,600 264.85
2,600 2,700 273.10
2,700 2,800 281.30
2,800 2,900 289.60
2,900 3,000 297.85
3,000 3,100 306.10
3,100 3,200 314.35
3,200 3300 322.60
3,300 3,400 330.85
3,400 3,500 339.10
3,500 3,600 347.35
3,600 3700 355.60
3,700 3800 363.85
3,800 3,900 372.10
3,900 4,000 380.35
4,000 4,100 388.60
4,100 4,200 369.85
4,200 4,300 405.10
4,300 4,400 413.35
4,400 4,500 421.60
4,500 4,600 429.85
4,600 4,700 438.10
4,700 4,800 446.35
4,800 4,900 454.60
4,900 5,000 462.85
5,000 5,100 471.10
5100 5,200 479.35
5,200 5,300 487.60
5,300 5,400 495.85
5,400 5,500 504.10
5,500 5,600 512.35
5,600 5,700 520.60
5,700 5,800 528.80
5,800 5,900 537.10
5,900 6,000 545.35
6,000 6,100 553.60
6,100 6,200 661.80
6,200 6,300 570.10
6,300 6,400 578.35
6,400 6,500 586.60
6,500 6,600 594.85
6,600 6,700 603.10
6,700 6,800 611.35
6,800 6,900 619.60
6,900 7,000 627.85
7,000 7,100 636.10
7,100 7,200 644.35
7,200 7,300 652.60
7,300 7,400 660.85
7,400 7,500 669.10
7,500 7,750 685.60
7,750 8,000 702.10
8,000 8,250 735.10
8,250 8,500 735.10
8,500 8,750 751.60
8,750 9,000 765.10
9,000 9,250 784.60
9,250 9,500 801.10
9,500 9,750 817.60
9,750 10,000 834.10
10,000 10,500 858.85
10,500 11,000 882.60
11,000 11,500 908.35
11,500 12,000 933.10
12,000 12,500 957.85
12,500 13,500 982.60
13,500 14,000 1,007.35
14,000 14,500 1,056.85
14,500 15,000 1,081.60
15,000 15,500 1,106.35
15,500 16,000 1,131.10
16,000 16,500 1,155.85
16,500 17,000 1,180.60
17,000 17,500 1,205.35
17,500 18,000 1,230.10
18,000 18,500 1,254.40
18,500 19,000 1,279.60
19,000 19,500 1,304.35
19,500 20,000 1,329.10
20,000 21,000 1,356.10
21,000 22,000 1,395.10
22,000 23000 1428.10
23,000 24,000 1461.10
24,000 25,000 1,494.10
25,000 26,000 1,527.10
26,000 27,000 1,593.10
27,000 28,000 1,593.10
28,000 29,000 1,626.10
29,000 30,000 1,659.10
30,000 31,000 1,692,10
31,000 32,000 1,725.10
32,000 33,000 1,758.10
33,000 34,000 1,791.10
34,000 35,000 1,824.10
35,000 36,000 1,857.10
36,000 37,000 1,890.10
37,000 38,000 1,923.10
38,000 39,000 1,956.10
39,000 40,000 1,989.10
40,000 41,000 2,022.10
41,000 42,000 2,055.10
42,000 43,000 2,088.10
43,000 44,000 2,121.10
44,000 45,000 2,154.10
45,000 46,000 2,187.10
46,000 47,000 2220.10
46,000 47,000 2,220.10
47,000 48,000 2,253.10
48,000 49,000 2,286.10
49,000 50,000 2,319.10
50,000 55,000 2,360.35
55,000 60,000 2,401.60
60,000 65,000 2,442.85
65,000 70,000 2,484.10
70,000 75,000 2,525.35
75,000 80,000 2,566.60
80,000 85,000 2,607.85
85,000 90,000 2,649.10
90,000 95,000 2,690.35
95,000 1,00,000 2,731.60
1,00,000 1,05,000 2,772.85
1,05,000 1,10,000 2,814.10
1,10,000 1,15,000 2,855.35
1,15,000 1,20,000 1,896.60
1,20,000 1,25,000 2,937.85
1,25,000 1,30,000 2,979.10
1,30,000 1,35,000 3,020.35
1,35,000 1,40,000 3,061.60
1,40,000 145000 1,102.85
1,45,000 1,50,000 3,144.10
1,50,000 1,55,000 3,185.35
1,55,000 1,60,000 3,226.60
1,60,000 1,65,000 3,267.85
1,65,000 1,70,000 3,309.10
1,70,000 175,000 3,350.35
1,75,000 1,80,000 3,391.60
180000 185,000 3,432.85
1,85,000 1,90,000 3,474.10
1,90,000 1,95,000 3,515.35
1,95,000 2,00,000 3,556.60
2,00,000 2,05,000 3,597.85

and the fee increases at the rate of forty-one rupees and twenty five paise for every five thousand rupees or part thereof, up to a maximum fee of eleven thousand rupees, for example-

When the amount or value of the subject-matter exceeds (1) But does not exceed (2) Proper fee (3)
Rs. Rs. Rs. Np.
3,00,000 4,381.60
4,00000 5,206.60
5,00,000 6,031.60
6,00,000 6,856.60
7,00,000 6,681.60
8,00,000 8,506.60
9,00,000 9,331,60
10,00,000 10,981.60
11,00,000 10,981.60
11,05,000 11,022.85

Schedule 2

Schedule 2

"SCHEDULE II

Fixed Fees

Number Proper fee
1. Application or petition. (a) When presented to any officer of the Customs or Excise Department or to any Magistrate by any person having dealings with the Government, and when the subject-matter of such application relates exclusively to those dealing; Fifty naye paise
or
When presented to any Municipal Board or other local authority constituted under any Act for time being in force for the conservancy or improvement of any place, if the application or petition relates solely to such conservancy or improvement;
or
when presented to any Civil Court other than a principal Civil Court of original jurisdiction, or to any Court of Small Causes constituted under Act No. II of 1865 or under Act No. 16 of 1868, S. 20 or to 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 executive officer for the purpose of obtaining a copy or translation of any judgment, decree or order passed by such Court, Board or officer, or of any other document on record is such Court or Office.
(b) When presented in a Regional Transport Authority or State Transport Authority containing a prayer for permit for Contract Carriage, Stage Carriage, Private Carrier or Public Carrier or for any other purpose. Eight rupees and twenty-five paise
1. Application or petition contd. (c) When containing a complaint or charge of any offence other than an offence for which police officer may, under the Criminal Procedure Code, arrest without warrant and presented to any Criminal Court; In the case of a complaint or charge of an offence presented to a criminal court or in the case of an pplication 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 application or petition relates exclusively to such engagement-one rupee and sixty-five paise and in other case one rupee and ten paise
or
when presented to a Civil, Criminal or Revenue Court, or to a Collector or any Revenue Officer having jurisdiction equal or subordinate to a Collector, or to any Magistrate in his executive capacity, and not other wise provided for by this Act, or to deposit in court as revenue or rent;
or
for determination by a Court of the amount of compensation to be paid by a landlord to his tenant; 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 Revenue, relating to matter connected with the assessment of land or the ascertainment of rights thereto or interest therein, if presented previous to the final confirmation of such settlement;
or
When 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 application or petition relates exclusively to such engagement One rupee and ten paise.
When presented to any officer of land revenue by and person the kabulyat application for settlement of land under direct engagement with Government. Two rupees.
(d) When presented to a Chief Commissioner or other Chief Controlling Revenue or Executive Authority, or to a Commissioner of Revenue or Circuit, or to any chief officer charged with the executive administration of a Division and not otherwise provided for by this Act. Three rupees and thirty paise
(e) when presented to a High Court.
(i) under Art. 226 of the Constitution. Fifty rupees.
(ii) in all other matters. Ten rupees
(f) When presented to any officer containing prayer for settlement of fishery, ferry, forest produce, forest mahals, elephant mahals, or an officer given term for acceptance of Government for any construction or an application for a permit or licence to deal in controlled commodities Eight rupees and twenty-five paise.
(g) When presented to an Appropriate Revenue Authority for demarcation of land-
(i) when the areas of such land does not exceed one hectare Two rupees and twenty paise
(ii) for each subsequent One rupees area of one and ten hectare or part paise thereof One rupee and ten paise.
2. Application to any Civil Court that record may be called for from another Court. When the Court grants the application and is of opinion that the transmission of such record involves the use of the post One rupee and sixty-five paise in addition to post any fee levied on the application under Cl. (a), Cl. (c) or Cl. (e) of Art. 1 of this Schedule.
3. Application for leave to sue as a pauper. …. One rupee and ten paise.
4. Application for leave to appeal as a pauper. (a) When presented to a District Court. Two rupees and twenty paise
(b) When presented to a commissioner or High Court. Three rupees and thirty paise.
5. Plaint or memorandum of appeal in a suit to establish or disprove a right of occupancy …. One rupee and ten paise.
6. Bail-bond or other instrument of obligation given in pursuance of an order made by a Court or Magistrate under any section of the Code of Criminal Procedure, 1898 (Act V of 1898) or the Code of Civil Procedure 1908 (Act V of 1908) and not otherwise provided for by this Act. …. One rupee and ten paise.
7. Undertaking under S. 49 of the Indian Divorce Act, 1869 (Act IV of 1869) …. One rupee and ten paise.
8. …. ….
9. ……………. …
10. Mukhtarnama or Wakalatnama When presented for the conduct of any one case-
(a) to any Civil or Criminal Court other than a High Court, or to any Collector or Magistrate, or other executive officer except such as are mentioned in Cls. (b) and (c) of this number. One rupee and ten paise.
(b) to a Commissioner of Revenue, Circuit or Customs officers or to any officer charged with the executive administration of a Division, not being the Chief Revenue or Executive Authority. Two rupees and seventy five paise.
(c) to a High Court, Chief Commissioner, Board of Revenue, or other Chief Controlling Revenue or executive authority or an appellate authority or an appellate authority prescribed under the Motor Vehicles Act, 1939 (Act IV of 1939) or to an appellate authority prescribed under the and fifty paise. Assam Sales Tax Act, 1947 (Assam Act XVII of 1947). Five rupees and fifty paise.
11. Memorandum of appeal when the appeal is not from a decree or an order having the force of a decree, and is presented- (a) to any Civil Court other than a High Court, or to any Revenue Court or Executive officer other than the High Court or Chief Controlling Revenue or Executive Authority except an authority specified in Cl. (b). Three rupees and thirty paise
(b) to an Excise Appellate Authority under R. 340 of the Assam Excise Rules. Sixteen rupees and fifty paise.
(c) to a High Court of Chief Commissioner, or other Chief Controlling Executive or Revenue Authority except an authority prescribed in Cl. (b) Eleven rupees.
(d) to an Excise Appellate Authority under R. 341 of the Assam Excise Rules. Fifty-five rupees
(e) to a High Court in Miscellaneous revenue matters except (f) below or to an appellate authority prescribed under the Motor Vehicles Act, 1939 (Act IV of 1939); and Sixteen rupees and fifty paise.
(f) to a High Court in appeal and revision matters arising out of settlement of fisheries-
(i) when the bid money is below ten thousand rupees Sixteen rupees and fifty paise.
(ii) when the bid money is above ten thousand rupees but below twenty thousand rupees Twenty-seven rupees and fifty paise
(iii) when the bid money is above twenty thousand rupees Thirty-three rupees
12. Caveat Eleven rupees
13. Application under Act No. 10 of 1859, S. 26, or Bengal Act No. 6 of 1862, S. 9, or Bengal Act No. 8 of 1859, S. 37 ------ Five rupees and fifty paise.
14. Petition in suit under native Converts' Marriage Dissolution Act, 1866 (Act XXI of 1866) ------ Five rupees and fifty paise.
15. ………… ------
16. ………… ------
17. Plaint or memorandum of appeal in each of the following suits- (i) to alter or set aside a summary decision or order of any of the Civil Courts not established by Letters Patent or of any Revenue Court. Sixteen rupees and fifty paise
(ii) to alter or cancel any entry in a register of the names of proprietors of revenue-paying estates. Sixteen rupees and fifty paise
(iii) to obtain a declaratory decree where no consequential relief is prayed Twenty-two rupees
(iv) to set aside and award. Sixteen rupees and fifty paise
(v) to set aside an adoption. Twenty two rupees
(vi) Every other suit where it is not possible to estimate at a money-value the subject-matter in dispute, and which is not provided for by this Act. Sixteen rupees and fifty paise.
18. Application under S. 14 or S. 20 of the Indian Arbitration Act, 1940 (Act X of 1940), for a direction for filing an award or for an order for filling an agreement. When presented to a Munsifs Court. Sixteen rupees and fifty paise.
When presented to any other Court Fifty-five rupees
19. Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure, 1908 (Act V of 1908). ------ Sixteen rupees and fifty paise.
20. Every petition under the Indian Divorce Act, 1869 (Act IV of 1869) except rupees petitions under S. 44 of the same Act, and every memorandum of appeal under S. 55 of the same Act. ----- Twenty-two
21. Plaint or memorandum of appeal under the Parsi Marriage and Divorce Act, 1895 (Act XV of 1865) ----- Twenty-two rupees.

COMMENTS

The Court-Fees Act, 1870 purported to effect a complete rearrangement of the provision of the existing law or this subject, and a similar classification of instruments chargeable with Court-Fees to that which obtain in General Stamp Act, having been adopted and the rules for determining the value of the subject-matter of certain suits being transferred from Schedule to the body of the Act. This principal Act was amended from time to time in its application to Assam, as follows:

(1) Assam Court-Fees (Amendment) Act, 1922 (Act II).

(2) Assam Court-Fees (Amendment) Act, 1922 (Act IV).

(3) Assam Court-Fees (Amendment) Act, 1932 (Act III).

(4) Assam Court-Fees (Amendment) Act, 1936 (Act XIV).

(5) Assam Court-Fees (Amendment) Act, 1947 (Act XVII).

(6) Assam Court-Fees (Amendment) Act, 1950 (Act XVIII).

(7) Assam Court-Fees (Amendment) Act, 1954 (Act XXVII).

(8) Assam Court-Fees (Amendment) Act, 1955 (Act XXII).

(9) Assam Court-Fees (Amendment) Act, 1958 (Act III).

(10) Assam Court-Fees (Second Amendment) Act, 1958 (Act XIX).

(11) Assam Court-Fees (Amendment) Act, 1960 (Act XII).

(12) Assam Court-Fees (Amendment) Act, 1963 (Act VIII).

(13) The Court-Fees (Assam Amendment) Act, 1972 (Act XXVII).

This Act as in force in Assam has been extended to Manipur and Tripura by G.S.R. Nos. 1119 and 1120, dated 29th June, 1963.

Amendment of the Court-Fees Act, 1870

A. By virtue of Assam Act 3 of 1932, in Cl. (a) of para (v) of S. 7 of the principal Act, the word "ten" has been substituted by the word "twenty".

B. After S. 7 of the principal Act, the following have been inserted, by Assam Act 18 of 1947:

"7-A. Inquiry as to valuation of suits. If the court is of opinion that the subject-matter of any suit has been wrongly valued, it may revise the valuation and determine the correct valuation, and may hold such inquiry as it thinks fit for such purpose.

7-B. Investigation to ascertain proper valuation.

(1) For the purpose of an inquiry under S. 7-A, the court may depute or issue a commission to any inquiry under S. 7-A, the court may depute or issue a commission to any suitable person to make such local or other investigation as may be necessary and to report thereon to the court. Such report and any evidence recorded by such person shall be evidence in the inquiry.

(2) The court may, from time to time. Direct such party to the suit as it thinks fit to deposit such sum as the court thinks reasonable as the cost of the inquiry, and if the costs are nor deposited within such time as the court shall fix, may, notwithstanding anything contained in any other Act, dismiss the suit if such part is the plaintiff or the appellant and, in any other case, may recover the costs as a public demand.

7-C. Power of persons making inquiry under Ss. 7-A and 7-B.

(1) The court, when making an inquiry under S. 7-B shall have, respectively for the purpose of such inquiry or investigation, the powers vested in a court under the Code of Civil Procedure, 1908, in respect of the following matters, namely:

(a) enforcing the attendance of any person and examining him on oath or affirmation;

(b) compelling the production of documents or material objects, and

(c) issuing commission for the examination of witnesses.

(2) An inquiry or investigation referred to in sub-s. (1) shall be deemed to be a judicial proceedings within the meaning of Ss. 193 and 228 of the Indian Penal Code (Act XLV of 1860).

7-D. Costs of inquiry as to valuation mad refund of excess fee.

If in the result of an inquiry under S. 7-A the court finds that the subject-matter of the suit has been undervalued, the court may order the party responsible for the under-valuation to pay all or any part of the costs of the inquiry.

If in the result of such inquiry the court finds that the subject-matter of the suit has not been under-valued, the court may, in its discretion, order that all or any part of such costs shall be paid by Government or by any party to the suit at whose instance the inquiry has been undertaken, and if any amount exceeding the proper amount of fees has been paid shall refund the excess amount so paid."

C. By virtue of Assam Act 3 of 1932, for Cl. (ii) of S. 10 of the principal Act, the following clause was substituted, viz.:

"(1) In such case-

(a) the suit shall be stayed unit additional fee is paid and if additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed; and

(b) whether the additional fee is paid the Court may, if it is of opinion that the estimation has been grossly insufficient, further order that the expenses of the commission, or such portion thereof as the Court may think reasonable, be paid by party in default to the Government, and the order so made shall have the force and effect of a decree passed by the Court."

D. By virtue of Assam Act 27 of 1962, in S. 19 of the principal Act, for the words "a fee of eight annas", the words "a fee of one rupee" were substituted.

E. By virtue of Assam Act VIII of 1950, in item (viii) of S. 19 of the Act, for the words "one thousand rupees" the words "two thousand rupees" were substituted, and item (ix) was omitted.

F. By virtue of Assam Act 14 of 1936 and Act 27 of 1963, after S. 19-G, the following new section has been inserted as S. 19-GG.

"19-GG. Probate and letters of administration inoperative in certain cases.

Notwithstanding anything contained in this or any other Act. No probate granted or letters of administration heretofore or hereafter granted by any court outside the limits of the State of Assam shall operate to confer upon the grantee any title to immovable property in Assam of which he did not obtain possession prior to the 1st January, 1937, unless he holds a certificate from the Chief Controlling Revenue Authority of Assam that he has paid the Court-fee due on such probate or letters of administration in respect of the full value of such property."

G. Article 11 has been substituted as follows by Assam Act 8 of 1950 (Act 27 of 1962):

"When the amount or value of the property in respect of which the grant of probate or letters is made exceeds one thousand rupees, on such amount or value up to ten thousand rupees. Two per centum.
and
when such amount or value exceeds ten thousand rupees, on the portion of such amount, or value which is in excess of ten thousand rupees, up to fifty thousand rupees. Three per centum,
and
when such amount or value exceeds fifty thousand rupees, on the portion of such amount or value which is in excess of fifty thousand rupees, up to a lakh of rupees. Four per centum
and
when such amount or value exceeds a lakh of rupees on the portion of such amount or value which is in excess of a lakh of rupees up to two lakhs and fifty thousand rupees Five per centum
and
when such amount or value exceeds two lakhs and fifty thousand rupees, on the portion of such amount or value which is in excess of two lakhs and fifty thousand rupees up to three lakhs of rupees. Five-and-a-half per centum
and
when such amount or value exceeds three lakhs of rupees, on the portion of such amount or value which is in excess of three lakhs of rupees up to four lakhs of rupees Six per centum
and
when such amount or value exceeds four lakhs of rupees, on the portion of such portion of such amount or value which is in excess of four lakhs of rupees up to four lakhs of rupees. Six-and-a half per centum
and
when such amount or value exceeds five lakh of rupees, on the portion of such amount, or value which is in excess of five lakhs of rupees. Seven per centum."

H. By virtue of Assam Act, VIII of 1950 and Act 27 of 1962, for Act 12, the following shall be substituted:

"12 Certificate under the Indian Succession Act, 1925 When the amount or value of any debt or security specified in the Certificate under S. 374 of the Act exceeds one thousand rupees Two per centum on the first thousand rupees.
Three per centum on the next forty thousand rupees
and Four per centum on the next fifty thousand rupees.
When the aggregate amount or value of any debt or securities specified in the certificate has been extended under S. 376 of the Act exceeds one thousand rupees. Five per centum on the next fifty thousand rupees.
Six per centum on the next one lakh of rupees
Six and half per centum on the next one lakh of rupees
and
Seven per centum on the reminder of such amount, or value.
In respect of such portion of the aggregate amount or value as consists of the amount or value of debts or securities so specified, the fee herein before provided in that behalf in this articles
and
Three per centum on such portion of the first ten thousand rupees.
Four and a half per centum on such portion of the next forty thousand rupees.
Six per centum on such portion of the next fifty thousand rupees.
Seven and a half per centum on such portion of the next one lakh and fifty thousand rupees.
Eight and a quarter per centum on such portion of the next one lakh of rupees.
Nine per centum on such portion of the next one lakh of rupees.
Nine and three quarters per centum on such portion of the next one lakh of rupees.
and
Ten and half per centum on such portion of the reminder of such aggregate amount or value as consists of the amount or value of debts or securities has been extended.
Note.
(1) The amount of debt is its amount including interest on the day on which the inclusion of the debts in the certificate is applied for as far as such amount can be ascertained.
(2) Whether or not any power with respect to a security specified in a certificate has been conferred under the Act and where such a power has been so conferred whether the power is for the receiving of interest or dividends on or for the negotiation or transfer of the security, or for both purposes the value of the security is its market-value on the day on which the inclusion of the security in the certificate is applied for so far as such value can be ascertained."

Amendment of S. 2.

Article 1 of Schedule I of the Principal Act was amended by Assam Act III of 1958 and Act 27 of 1962 and finally by the present amendment Act, and the proper fee prescribed have been gradually increased.

Article 6 has been amended from time to time by Assam Act VIII of 1963 and Act 27 of 1962 and finally by the present Act, whereby the fees payable have been gradually increased.

Article 7, 8 and 9 have also been amended by Assam Acts 8 of 1963, 27 of 1962, and finally by the present amending Act.

Amendment of Schedule I.

This Schedule has been lastly amended by the present amendment Ac. There were earlier amendments by virtue of Assam Act III of 1958 and Act 27 of 1962.

Amendment of Schedule II.

Schedule II of the Court-Fee Act, 1870 has been substituted lastly by the Assam Act XXVII of 1972. There were earlier amendments by Assam Act 8 of 1963 and 27 of 1962. The fees prescribed have been increased from time to time.

Application of the Court-Fees Act, 1870 in Manipur and Tripura.

The Court Fees Act, 1870, as in force in the State of Assam has been extended to Manipur and Tripura by G.S.R. Nos. 1119 and 1120, dated 29-6-1963.

SECTIONS