The Assam Court Fees (Amendment) Act, 1947
_The 15th December 1947._

**No.L 406/47/10.—The following Act of the Assam Legislative Assembly,**

having been assented to in His Majesty’s name by the Governor, is hereby
published for general information.

**(Received the assent o f the Governor on the 11th Decem ber, 1947.)**

# ASSAM ACT XVIII OF 1947

THE ASSAM COURT-FEES (AMENDMENT) ACT, 1947

(Passed by the Assembly)

[Published in the _Assam Gazette, of the 17th December, 1947.]_

_An Act to amend the Court-fees Act, in its application to Assam_

Preamble. Whereas it is expedient to amend the Court-fees Act, Act V II of

1870, in its application to the Province of Assam, in the [18701]

manner hereinafter appearing ;

It is hereby enacted as follows:—

Short title 1. (1) This Act shall be called the Assam Court-fees

and com- (Amendment) Act, 1947.
mencement. .
(2) It shall come into force at once.

Insertion of 2. After section 7 of the Court-fees Act, 1870, the Act V II of

new sections following shall be inserted as sections 7A, 73, 7C and 7D, 1870.
and 7D in [a n <] ^ apply [to] the whole of Assam, namely:—

Act V II of

1870.

“ Inquiry as 7A. If the Court is of opinion that the subject-matter
to valuation of any suit has been wrongly valued, it may revise the
of suits. valuation and determine the correct valuation, and may

hold such inquiry as it thinks fit for such purpose.

Investigation 1 7B. (1) For the purpose of an inquiry under section 7A
to ascertain
proper the Court may depute, or issue a commission to, any suit­

valuation. able 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
the Court thinks reasonable as the costs of the inquiry,
and if the costs are not deposited within such time as
the Court shall fix, may, notwithstanding anything

contained in any other Act, dismiss the suit if such party
is the plaintiff or the appellant and, in any other case,
may recover the costs as a public demand.

Power of 7C. (1) The Court, when making an inquiry under

persons section 7A and any person making an investigation under

making in- section 7B shall have, respectively, for the purposes of
quiry under s u c h Jn qUir y o r investigation, the powers vested in a Court Act V of
and°7B " under the Code of Civil Procedure, 1908, in respect of 1908.

the following matters, namely:—

(a) enforcing the attendance of any person and exa­

mining him on oath or affirmation ;

(Z>) compelling the production of documents or material

       -       - objects; and


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(c) issuing commissions for the examination of wit­

nesses.

(2) An inquiry or investigation referred to in sub­

section (1) shall be deemed to be a judicial proceeding
within the meaning of sections 193 and 228 of the Indian Act XLV           -
Penal Code. of 1860.

Costs of in- 7D. If in the result of an inquiry under section 7A the

valuation[10] Court finds that the subject-matter of the suit has been
and refund undervalued the Court may order the party responsible
of excess fee. for the undervaluation 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 undervalued 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 fee
has been paid shall refund the excess amount so paid” .

F. **_A. AHMED,_**

_Secy, to the Govt, o f Assam, Legislative Deptt._

**_<9_**

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