U
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S I K KIM
GOVER'NMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 55 Gangtok, Wednesday, April 6, 1983.
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK.
NOTIFICA nON No.7/LD/1983.
•Dated the 6th April, 1983. The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 4th day of April. 1983, is hereby published for general information:-
THE SIKKIM COURT FEES (EXEMPTION AND MISCELLANEOUS
PROVISIONS) ACT, 1983
( ACT NO. 7 OF 1983)
AN
ACT
[4.4.1983 ]
to provide for exemption from payment of court fees in certain cases inSikkim and for matters connected therewith.
BE it enacted by the Legislature of Sikkirn in the Thirty-fourth Year of the Republic of India as follows:-
1. (1) This Act may be called the Sikkim Court Fees (Exemption and Short title, extent Miscellaneous Provisions) Act, 1983. and conunenc.u.e,«.
(2) It extends to the whole of Sikkim.
(3) This Act shall come into force from such date as the State Govern- ment may, by notification in the Official Gazette, appoint and diffe- rent dates may be appointed for different provisions of this Act.
2. J n this Act, unless the context otherwise requires- Definitions.
(a) "court fees" means the cash court fees payable under any law for the time being in force;
(b) "Court" includes any Tribunal or Authority in the State;
(c) "High Court" means the High Court of Sikkim.
3. Notwithstanding anything contained in any law relating to the payment Certain persons not of court fees, for the time being in force, no court fees shall be payable by to pay court fees. a person whose annual income from all sources does not exceed rupees twenty five thousand.
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The High Court shall, as soon as may be, make rules providir for- PowerofHighCourt 4.(1) to make rules as to
fees payable for ser-
ving processes, etc.
Court fees payable
in cases filed by
Government.
(a) the fees chargeable for serving and executing processes issued by such Court in its appellate jurisdiction, and by other Civil and Revenue Courts established within the local limits of its jurisdiction;
(b) the fees chargeable for serving and executing processes issued by Criminal Courts established within its local limits in the case of offences other than offences for which police officers may arrest without a warrant;
(c) the remuneration of the persons appointed as process servers and other persons employed, by leave of the High Court, in the service and execution of processes.
(2) The High Court may, from time to time, alter and add to the rules made under sub-section (1).
All rules, alterations and additions made under this section shall be confirmed by the State Government and shall be published in the Official Gazette.
5. Notwithstanding anything to the contrary contained in any notification, order, proclamation, bye-law, rules and regulations, court fees shall be payable in cases filed by or on behalf of the State Government of Sikkim .
(3)
•
B. R. PRADHAN,
Secretary to the Government of Sikkim, Law Department. .
F. No. 13 (21) LDj1980.
PRINTED AT THE SIKKIM GOVERNMENT PRESS, GANGTOK.
I: ...
GAZETTE
..~.
EXTRAORDINARY
PUBLiSHED BY AUTB.oRITY No. 8 Gangtok, Saturday, January 25, ]986. GOVERNl\,IENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
No. 1/LD/1986. Dated the 25th January, 1986. NOTIFrcATIO;'~
1he following Act of the Sikkim Legislative Assembly having received the assent of the Governor 011 21st day of January, 1986, is hereby published Tor general information :-.-
THE SIKKIM COURT FEES (EXEMPTION AND MISCELLANEOUS
PROVISIONS) AMENDMENT ACT, 1985.
(ACT NO.1 OF 1986)
AN
ACT
[21.1.1986 ]
to amend the Sikkim Court Fees (Exemption and Miscellaneous Provisions) Act, 1983.
Be it. enacted by the Sikkim Legislative Assembly in the Thirty-sixth Year of the Republic of India as follows ;-
Short title and 1. (l) This Act may be called the Sikkim Court Fees (Exemption and M is- commencement, cellaneous Provisions) Amendment Act, 1985.
(2) It shall be deemed to have come into force on the 1st day of May,
1983.
Insertion of new 2. In the Sikkirn Court Fees (Exemption and Miscellaneous Provisions) Act, section 3Ao 1983 (hereinafter referred to as the principal Act) after section 3, following section shall be inserted, namely :-
"Procedure for 3A. (1) A person claiming exemption under section 3 shall satisfy the court granting exemption. by filing an affidavit and if so required by the court by adducing oral or documentary evidence that the annual income of such person from all sources is less than twenty-five thousand rupees.
(2) The court may cancel the exemption granted, at any time before the passing of judgment or final order, on being satisfied that such exemption ought not to have been granted."
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Insertion of new ection 6.
"Grounds on which Court fees can be refunded.
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3. In the principal Act, after section 5, the following section shall be inserted, namely :-
6. No court shall refund the court fees paid in suits and appeals except on the following grounds :-
(i) (a) Withdrawal of a suit without any hearing,
(b) Settlement or compromise before the commencement of the trial.
(ii)
Settlement or compromise in an appeal before the passing of the judgment or final order to the extent of the amount paid as court fees in such appeal,
On remand in an appeal to the extent of amount paid as court fees in such appeal."
(iii)
M. ]\·1. RASAILY,
Secretary to the Govt. of Sikkim,
Law Department.
F. No. 16 (209) LD/86.
PRINTED AT THE SIKKIM GOVERNMENT PH.ESS, GANGTOK.
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S,IKK~M
")
GOVERNMENT
EXTp./\CnD"~l,Mi1V'
PUBLISHED BY AUTHORITY
No. 97Gangtok, \Vedoesday, 5th May; 1999 Ncj.3/LD(99
GOVERNMENT OF SJKKfM'
LAW DEPARTMENT
GANGTOK.
NOTIFICA nON Dated the.4th May, 1999 The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 27th day of April, 1999 is hereby published for general information i-
THE SIKKIM COURT FEES (EXEMPTION AND MISCELLANEOUS
PROVISIONS) AMENDMENT ACT, 1999
(ACT NO. 3 OF 1999)
AN
ACT
lnsertio» ~ 2. new section 7. furtber to amend the Sikkim Court Fees (Exemption and Miscellaneous Provisions) Act, J 983.
BE it enacted by the Legislature of Sikkim in the Fiftieth Year of the Republic of India as follows i-
1. (1) This Act may be called the Sikkim Court Fees (Exemption and Miscellaneous Provisions) Amendment Act, 1999.
(2) It extends to the whole of Sikkim.
(3) It shall come into force at once. In the Sikkim Court Fees (Exemption and Miscellaneous Provisions) Act, 1983, after section 6, the following section shall be inserted, namely:-
"7 Notwithstanding anything contained in the Act in all petitions for cases to be taken up by the Lok Adalats or settled and or processed under Legal Services Authorities Act, 1987, no court fees shall be payable".
Short title,
extent and
commencement.
By Order of the Governor,
T.D. RINZING
Secretary to tbe Govt. of Sikkim, Law Department.
F, No~ 16(209)LDf83
Printed at Sikkim Government Press, Gangtok,
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SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok, Tuesday, 18th April, 2000
No. 124
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
NO.3/LD12000 Dated the 17th April,2000
NOTIFICATION
The follwoing Act of the Sikkim Legislative Assembly having received the assent of the Governor on 7th day of April, 2000 is hereby published for general information:-
THE SIKKIM COURT FEES (EXEMPTION AND MISCELLANEOUS
PROVISIONS) AMENDMENT ACT, 2000
(ACT NO.3 OF 2000)
AN
ACT
further to amend the Sikkim Court Fees (Exemption and Miscellaneous Provisions) Act, 1983.
BE it enacied by the Legislature of Slkklm in the Fifty - first Year of the Republic of India as follows:-
Short title,
extent and
commencement.
1. (1) This Act may be called the Sikkim Court Fees (Exemption and Miscella- neous Provisions) Amendment Act, 2000,
(2) It extends to the whole OfSikkim.
(3) It shall come into force at once. Amendment of
section 3.
2. In the Sikkim Court Fees (Exemption and Miscellaneous Provisions) A~t, 1983 (hereinafter referred to as the said Act), in section 3 for the words 'ruoees ten thousand" the following words shall be SUbstituted, namely:-
"rupees twenty five thousand".
Deletion of
sub-section
(1) and (3) of section 3A.
3. InthesaidAct,insection3A,sub-section(1)and(3)shallbedeleted.
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Amendment of section 6. Substitution of new section for section 7.
4. In the said Act. in section 6 the foliowing sub-clause shall be inssrtec after sub-clause (iil). nameiy:-
"(iv) Settlement by the Lok Adalat",
5. In the said Act. for section 7. the following section shall be substltureo. namely:-
"7. Notwithstanding antythlng contained in the Act. no Court fee shall be payable for Suits. Appeals. Writ Petitions. Revisions, Reviews. Miscella- neous Petitions etc. flied by a person who has been provided with legal services or aid under the provisions of the Legal services Authority Act. 1987 and the Aules and Regulations framed thereunder."
By Order of the Governor.
T.o. RINZING,
SECRETARY TO THE GOVT. OF SIKKIM,
LAW DEPARTMENT.
F. No. 16 (82)Lon7·2000 Printed at Sikkim Government Press, Gangtol<.
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SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok Tuesday, za= May, 2007
No. 200
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
NO.1/LD/P/2007
Date: 21.05.2007
The following Act passed by the Sikkim Legislative Assembly and having received the assent of the Governor on the 16th
day of April 2007 is hereby published for general information:-
THE SIKKIM COURT FEES (EXEMPTION AND MISCELLANEOUS PROVISIONS)
AMENDMENT ACT, 2007
ACT No. 1 of 2007
AN
ACT
further to amend the Sikkim Court Fees (Exemption and Miscellaneous Provisions) Act, 1983.
Be it enacted by the Legislature of Sikkim in the Fifty-eight year of the Republic of India as follows:-
Short title, extent and commencement.
1. (1) This Act may be called the Sikkim Court Fees (Exemption and Miscellaneous Provisions) Amendment Act, 2007.
(2) It extends to the whole of Sikkim.
(3) It shall come into force at once.
Amendment of Section 7.
2. In the Sikkim Court Fees (Exemption and Miscellaneous Provisions) Act, 1983, in Section 7, the following proviso shall be inserted. namely:-
"Provided that where in a case pending before a Court and the petitioner/plaintiff has not received any legal aid but the case is referred for settlement through any of the mode as provided under Section 89 of the Code of Civil Procedure, 1908 and on such
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reference if the dispute is settled, the petitioner/plaintiff shall be entitled to a certificate of such settlement and on pi L duction .of such certificate of settlement before the District Collector the petitioner/plaintiff shall be entitled to the refund of the full amount of the Court fee paid in respect of such plaint".
By Order.
R.K. Purkayashta (SSJS)
LR-cum-Secretary
Law Department
File No. 16(82)/LD/07
S.G.P.G .• 200/Gazette /150 Nos'!Dr:- 22.5.2007.
THE SUBSEQUENT AMENDMENTS TO THE SIKKIM COURT FEES (EXEMPTION AND MISCELLANEOUS PROVISIONS ACT, 1983 (ACT NO. 7 OF 1983) AMENDED AND
UPDATED UPTO MAY, 2007
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