Rajasthan act 011 of 1958 : The Rajasthan Court Fee And Stamp Duty Laws (Extension) Act, 1958

Section 1.Short title and commencemen

(1) This Act may be called the Rajasthan Court Fee and Stamp Duty Laws (Extension) Act, 1958.

(2) It shall come into force on the ¹ [Third day] of April, 1958.

1. Substituted and shall be deemed always to have been substituted by section 2 of rajasthan Act No. 11 of 1959, published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 21-3-1959

Section 2.Amendment and extension of Rajasthan laws specified in the Schedule

On and from the ²[third day] of April, 1958 the Rajasthan laws mentioned in the Schedule annexed to this Act shall be amended in the manner and to the extent specified therein and shall, as so amended, extend to the whole of the new State of Rajasthan including the Abu, Ajmer and Sunel areas.

2. Substituted and shall be deemed always to have been substitued by section 2 of rajasthan Act No. 11 of 1959, published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 21-3-1959.

Section 3.Application of Rules etc. under Rajasthan laws mentioned in the Schedule

On and from the [third day ] of April, 1958, the rules, regulations, orders and notifications made or issued by a competent authority under the Rajasthan laws mentioned in the Schedule and in force on the said day shall extent and apply to the whole of the new State of Rajasthan including the Abu, Ajmer and Sunel areas.

Section 4.Repeal and supersession

(1) On and from the ¹[third day ] of April, 1958 -

(a) all laws corresponding to the Rajasthan laws mentioned in the Schedule, which may be in force in the Abu, Ajmer or Sunel areas immediately before the said day, shall stand repealed, and

(b) the rules, regulations, orders and notifications made under the laws so repealed shall stand superseded.

(2) Notwithstanding such repeal and supersession, anything done or action taken under the laws so repealed or the rules, regulations, orders and notifications so superseded shall be deemed to have been done or taken under the corresponding provision of the relevant Rajasthan law mentioned in the Schedule or, as the case may be, under the rules, regulations, orders and notifications made or issued under such corresponding provision.

1.Substituted and shall be deemed always to have been substituted vide section 3 read with Second Schedule of the Rajasthan Act No. 21 of 1962 published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 15-12-1962

Section 5.References to authorities

Any reference, by whatever form of words, in any law or rule, regulation, order or notification repealed or superseded by section 4 to any authority competent to exercise any power or discharge any function shall, where a corresponding authority has been constituted under the corresponding Rajasthan law mentioned in the Schedule or under the rules, regulations, orders or notifications thereunder, have effect as if it were a reference to that corresponding authority.

Section 6.Rule of construction

For the purpose of facilitating the application of the provisions of the Rajasthan laws mentioned in the Schedule and the rules, regulations, orders and notifications thereunder, any court, authority or officer may construe the same with such alterations, not effecting the substance, as may be necessary or proper to adapt such provision to the matter before such court, authority or officer.

Section 7.Power to remove difficulties

If any difficulty arises in giving effect in the Abu, Ajmer or Sunel area to the provisions of the Rajasthan laws mentioned in the Schedule or the rules, regulations, orders and notifications thereunder, the State Government may, by order notified in the Official Gazette, make such provisions or give such directions as appear to it to be necessary or expedient for the removal of the difficulty.

Section 8.Provisions as to certain stamps and validation of certain documents improperly or insufficiently stamped

¹[Notwithstanding anything contained in this Act or in the Rajasthan laws as amended and extended thereby -

(a) all judicial and non-judicial stamps in denominations of four annas or multiples thereof shall be deemed to be such stamps of the value of twentyfive naye paise or as the case may be, multiples thereof and shall, accordingly, be valid for all the purposes of this Act and the said Rajasthan laws,

(b) all judicial and non-judicial stamps of anna value, other than in denominations of four annas or multiples thereof, used, till the 31st day of May, 1959, separately or in suitable combinations with or without such stamps in denominations of four annas of multiples thereof, so that the value thereof in terms of decimal coinage calculated in accordance with the provisions of sub-section (2) of section 14 of the Indian Coinage Act, 1906 (Central Act 3 of 1906) does not fall short of the total fee or duty payable on or in respect of any document or instrument under and in pursuance of this Act in terms of decimal coinage, shall, for the purposes of this Act and the said Rajasthan laws, be deemed to have been properly and validly used and such document or instrument shall, accordingly, be deemed to be properly stamped,

(c) every person in possession after the said 31st day of May, 1959, of any such stamps of anna value referred to in clause (b) as has or have not been spoiled shall be repaid the value thereof-in money calculated in accordance with the provisions of sub-section (2) of section 14 of the Indian Coinage Act, 1906 (Central Act 3 of 1906) upon such person delivering up, by the 31st day of October, 1959, such stamp or stamps to the Collector, and

(d) all documents and instruments stamped after the commencement of the Rajasthan Court Fee and Stamp Duty Laws (Extension) Act, 1958 (Rajasthan Act 11 of 1958) till the 31st day of July, 1958 in accordance with rates prevailing and inforce immediately before such commencement shall be deemed to have been validly and properly stamped provided that nothing in this clause shall be deemed to entitle any person to seek the refund of any fee or duty claimed by him to have been paid in excess of such rates if such fee or duty is in consonance with and conforms to the rates provided in this Act.]

1. Inserted by section 3 of the Rajasthan Act No. 11 of 1959, published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 21-3-1959.

Section 10.THE SECOND SCHEDULE

Section 11.THE THIRD SCHEDULE