The Assam Court Fees (Amendment) Act, 1963

The 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 information. (Received the assent of 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, 1870, hereinafter called the principal of 1870. Act, in its application to Assam, in the manner hereinafter appearing. It 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.

commencement. (2) It extends to the whole of Assam. (3) It shall come into force with effect from the First day of April, 1963. 2. In the principal Act --- Amendment of Schedules I and II of Act VII of 1870. (1) In Schedule I, for articles number and 9 the following shall be substituted, namely :--- diaCode Proper Fce "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 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 ọr less than fifty rupees. (b) If such amount or value Two exceeds fifty rupees. rupees. When such judgment or Four order is passed by a High rupees.

Court. 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 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 even made by a High Court. rupees and fifty naye paise. de 8. Copy of any (a) When the stamp-duty The amount Act II chargeable on the original of the duty of 1899. document liable to stamp-duty under the Indian Stamp Act, 1899, when left by any party to a suit or proceeding in place drawn. does not exceed one rupee. chargeable on the original. (b) In any other case One rupee. For every three hundred and One rupee." sixty words or fraction of three hundred and sixty words.

9. Copy of any revenue or judicial proceeding or order not otherwise provided for by this Act, or of copy 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 chief officer charged with the executive administration of a Division. (2) For Schedule II, the following shall be substituted, namely :--- "(Schedule II .- Fixed fees) SCHEDULE II Fixed Fees Proper Fce 1. Application or (a) When presented to any effi- Fifty naye"paise, petition. cer 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 dealings ; or when presented to any Municipal 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 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. 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 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 in such Court or Office. IndiaCode 4. 1. Application petition-contd. er(b) When presented to a Regional Seven rupees and Transport Authority or State fifty naye paise.

Transport Authority containing a prayer for permits for Contract Carriage, Stage Carriage, Private Carrier or Public Carrier or for any other purpose. (c) When containing a complaint or charge of any offence other than an offence for which police-officers may, under the Criminal Procedure Code, arrest without warrant and presented to any Criminal Court ; 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 otherwise provided for by this Act ; or to depcsit in Court 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 matters connected with the assessment of land or the ascertainment of rights thereto or interest therein, if presented previous to the final confirmation of such settlements ;

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. In the case of a complaint or charge of an offence presented 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 application or petition relates exclusively to such engagement one rupee and fifty naye paise and in other cases one rupee. 1. Application or (d) When presented to a Chief Three rupces. petition-concld. 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.

(e) When presented to a High Six rupees. Court. (f ) When presented to any Seven rupees and officer containing prayer for settlement of fishery, ferry, forest produce, forest 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. fifty naye paise. Au diacode (g) When presented to an Appropriate Revenue thority for demarcation land- (i) when the area of such land Two rupees. does not exceed one hectare; (ii) for each subsequent arca One rupec. of one hectare or part thereof. 1A. Application to any Civil Court that records may be called for from another Court. When the Court grants the One rupee and application and is of opinion that the transmission of such records involves the use of the post.

fifty naye paise in addition to any fee levied on the application under clause (@), clause (c) or clause ( e ) of Article 1 of this Schedule. 2. Application for leave to sue' as a. ..... One rupee pauper, 3. Application for leave to appeal as a pauper. (a) When presented to"a Dis- Twe rupees. trict Court. (b) When presented to a Com- Three rupees. missioner or a High Court. 5. Plaint or memorandum of appeal in a suit to establish or disprove a right of occupancy. 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, or the Code of Civil Procedure, 1908 and otherwise provided for by this Act. ...... One rupee, of 1898 Act V of 1998 7. Undertaki n g under section .49 of the Indian Divorce | Act, 1869.

IndiaCe Act IV of 1869 8. 91. 10. Mukhtarnama or Wakalatnama. When presented for the conduct of any one case- (a) to any Civil or Criminal One rupee. 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 (c) of this Number; 10. Mukh tarna- ma or Wakalatnama --- concld. (b) to a Commissioner of Two rupees Revenue, Circuit or Cus- and fifty naye toms or to any oficer paise. charged with the executive administration of a Division, 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 authority prescribed under the Assam Sales Tax Act, 1947.

Act IV of 1939 Assam Aet XVII of 1947 11. Memoran d u m (a) to any Civil Court other Three rupees. of appeal when the appeal is not from a decree or an order having the force of a decree, and is presented. 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 clause (b) ; authority aCode (b) to an Excise appellate authority under Rule 340 of the Assam Excise Rules ; (c) to a High Court or Chief Ten rupees. Commissioner, or other Chief Controlling Executive or Revenue Authority except an authority prescribed in clause (b) ; (d) to an Excise Appellate Fifty rupees. Authority under Rule 341 of the Assam Excise Rules ; (e) to a High Court in miscel- Fifteen lancous revenue matters rupees.

except (f) below or to an appellate authority prescribed under the Motor Vehicles Act, 1939 ; and of 1939 Act IV 290001 00/ ac (f) to a High Court in appeal and revision matters arising out of settlement of fisheries --- (i) when the bid money is Fifteen below ten thousand rupees. rupees ; (ii) when the bid money is Twenty-five above ten thousand rupees. rupees but below twenty thousand rupees ; (iii) when the bid money is Thirty above twenty thousand rupees. rupees. 12 Caveat Ten rupees. Five rupees. 14. Petition in a suit under the Native Converts' Marriage Dissolution Act, 1866. Five rupees 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 ;

(ii) to alter or cancel any entry in a register of the names of-proprietors of revenue-paying estates ; 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. IndiaC'ède (iii) to obtain a declaratory decree where no consequential re- Jief 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 dispute, and which is not otherwise provided for by this Act. 18. Application under section 14 or section 20 of the Indian Arbitration Act, 1940, for a direction for filing an award or for an order for filing an agreement. 19. Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure, 1908.

20. Every petition under the Indian Divorce Act, 1869, except petitions under section 44 of the same Act, and every memorandum of appeal under section 55 of the same Act. 21. Plaint or memorandum of appeal under the Parsi Marriage and Divorce Act, 1865. Twenty rupees. Twenty rupees. Fifteen When presented to a Mun- Fifteen siff's Court. When presented to any Fifty rupees. Act X of 1940. other Court. IndiaCode Fifteen Act V of rupee Act IV of 1869. Twenty rupees Twenty Act XV of 1865.22 R. C. CHAUDHURI, Jt. Secy. to the Govt. of Assam, Law Deptt.