The Assam Court Fees (Amendment) Act, 1963
v

No.LJL.20/63.—The following Act of the Assam Legislative Assembly

which received the assent of the Governor is hereby published for general

a 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, I87O, hereinafter called the principal of

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.
commence-
m e n t’ (2) It extends to the whole of Assam.

(3) It shall come into force with effect from

the First day of April, 1963.

Amendment 2. In the principal Act—
of Schedules
I and II of

(1) In Schedule I, for articles number 6, 7, 8

Act VII of

1870. and 9 the following shall be substituted,

namely:—

Number Proper Fee

"6. Copy or trans­ When such judgment or order

lation of a judgment is passed by any Civil
or drder not being, or Court other than a High
having the force of, a Court, or by the Presiding
decree. 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 or less than fifty

rupees.

_(b) If such amount or value Two_

exceeds fifty rupees. rupees.


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Number

When such judgment or Four

order is passed by a High rupees.
Court.

7. Copy of a de­ When such decree or order

cree or order having is made by any Civil
the force of a decree. Court other than a High

Court, or by any Revenue                      -
Court—

(«) 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 e v e n

made by a High Court. rupees and

fifty naye

paise.

8. Copy of any _(a) When_ the stamp-duty The amount Act II

of 1899.

document liable to chargeable on the original of the duty

stamp-duty under the does not exceed one rupee, chargeable
Indian Stamp Act, on the origi­
1899, when left by nal.
any party to a suit or
proceeding in place
of the original with­ (Z>) In any other case. One rupee.
drawn.

9. Copy of any For every three hundred and One rupee.’[8]

revenue or judicial sixty words or fraction of
proceeding or order three hundred and sixty
not otherwise pro­ words.

vided 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 chief

officer charged with
the executive admi­
nistration of a Divi­
sion.


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**(2)** For Schedule II, the following

shall be substituted, namely :—

“ (Schedule II.—Fixed fees)

**SCHEDULE II**

Fixed Fees

Number ----- Proper Fe*

1. Application _or_ («) When presented to any cffi- Fifty naye^paise,

petition. cer of the Customs or Excise

Department or to any Ma­
gistrate by any person having
dealings with the Govern­
ment, and when the subject­

matter of such application

relates exclusively to those
dealings ; or

when presented to any Muni­

cipal 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 im­

provement ; or

when presented to any Civil

Court other than a princi­
pal 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 execu­
tive officer for the purpose
of obtaining a copy or trans­
lation 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.


-----

Number

1. Application 9r(6) When presented to a Regional Seven rupees and

petition— contd. Transport Authority or State fifty naye paise.

Transport Authority con­

taining a prayer for permits
lor Contract Carriage, Stage
Carriage, Private Carrier or
Public Carrier or for any
other purpose.

(0 When containing a complaint In the case of a

or charge of any offence complaint or charge

other than an offence for of an offence presen­
which police-officers may, ted to a criminal

under the Criminal Pro­ court or in the case

cedure Code, arrest without of an application or
warrant and presented to petition presented
any Criminal Court; or to any officer of

when presented to a Civil, land revenue by

Criminal or Revenue Court, any person holding
or to a Collector, or any temporarily settled

revenue officer having juris­ land under direct
diction equal or subordinate engagement with
to a Collector, or to any Government, and
Magistrate in his executive when the subject­
capacity, and not otherwise matter of the appli­
provided for by this A ct; or cation or petition

to deposit in Court revenue relates exclusively to

or rent ; or such engagement

for determination by a Court one rupee and fifty

of the amount of compensa­ naye paise and in
tion to be paid by a land­ other cases one
lord to his tenant; or rupee.

when presented to a collector

or other officer making a
settlement of land revenue,
or to a Board of Revenue,
or a Commissioner of Reve­
nue, relating to matter#

connected tvith the assess­
ment of land or the as­
certainment of rights there­
to or interest therein, if pre­
sented previous to the final -A-
confirmation of such settle­

ments ; or

when presented to any officer

of land revenue by any per­

son holding temporarily

settled land under direct

engagement with Govern­

ment, and when the subject-
matter of the application or
petition relates exclu­

sively to such engagement.


-----

Number Proper Fee

1. Application or _(d~) When presented to a Chief_ Three rupees.

petition—concld. Commissioner or o t h e r

Chief Controlling Revenue

or Executive Authority, or
to a Commissioner of

Revenue or Circuit, or to
any chief officer charged

with the executive admi­

nistration of a Division and
not otherwise provided for
by this Act.

(e) When presented to a High Six rupees.

Court.

( / ) When presented to any Seven rupees and

officer containing prayer for fifty naye paise.
settlement cf fishery, ferry,
forest produce, f o r e s t

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.

_(g) When presented_ to an

Appropriate Revenue Au­
thority for demarcation of
land—

(t) when the area of such land Two rupees,

does not exceed one hectare;

(ii) for each subsequent area One rupee,

of one hectare or part

thereof.

1A. Application to When the Court grants the One rupee and

any Civil Court that application and is of opinion fifty naye paise
records may be called that the transmission of in addition to
for from a n o t h e r such records involves the use any fee levied
Court. of the post. on the applica­

tion u n d e r

c l a u s e (a),

clause (c) or

clause (e) of

Article 1 of this
Schedule.


-----

Number Proper F«e

2. Application for O m ruj»««

leave to sue’ as a

pauper,

3. Application for (a) When presented toj.* Dis* Tws rupees.

leave to appeal as trict Court.

a pauper.

_(b) When presented to a Com*_ Three rupees.

missioner or a High Court.

**4.. ......................**

5. Plaint or me­

morand um of appeal
in a suit to establish
or disprove a right of
occupancy.

6. Bail-bond or

other i nstrument of One rupee,
obligation given in

pursuance of an order ;

made by a Court or |
Magistrate under any )-
section of the Code of | ActsV
Criminal Procedure, j ofI898

1898, or the Code of I Act V

Civil Procedure, 1908 of 1908
and not otherwise

provided for by this
Act.

7. Undertaki n g

under section .49 of
the Indian Divorce

Act IV

Act, 1869.       - I863

**8..............................**

**9 .............................**

10. Mukhtarnama When presented for the con­

or Wakalatnaraa. duct of any one case—

(fl) 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 (r) of this Number;_


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Number Proper Fee

10. Mukh t a r n a- _(b) to_ a Commissioner of Two rupees

ma or Wakalatnama— Revenue, Circuit or Cus- and fifty nayt
_concld._ toms or to any officer paise.

charged with the executive
administration of a I >ivi-
sion, 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 Act IV

of 1939

or to an appellate autho­
rity prescribed under the Assam
Assam Sales Tax Act, Aet

1947. X V II of

1947

11. Memoran d u m (a) to any Civil Court other Three rupees,

ol appeal when the than a High Court, or to
appeal is not from a any Revenue Court or
decree or an order executive officer other

having the force of a than the High Court or
decree, and is present- Chief Controlling Reve­
cd. nue or Executive Authori­

ty except an authority

specified in clause (b) ;

(i) to an Excise appellate Fifteen rupees,

authority under Rule 340
of the Assam Excise

Rules ;

(c) to a High Court or Chief Ten rupees.

Commissioner, or other

Chief Controlling Execu­
tive or Revenue Authority
except an authority pres­
cribed in clause (b) ;

_(d) to_ an Excise Appellate Fifty rupees.

Authority under Rule 341
of the Assam Excise

Rules ;

(«) to a High Court in miscel­ F i f t e e n

laneous revenue matters rupees.
except (f) below or to an
appellate authority pres­
cribed under the Motor

Act IV

Vehicles Act, 1939 ■ and of 1939


-----

Number Proper Fee

( / ) to a High Court in appeal

and revision matters aris­
ing out of settlement of
fisheries—

(i) when the bid money is F i f t e e n

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 T h i r t y

above twenty thousand rupees.
rupees.

12 Caveat Ten rupees.

13. Applic a t i o n Five rupees.

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.

14. Petition in a Five rupees Act

suit under the Native XXI of

1866.

Converts’ Marriage

Dissolution Act, 1866.

15.............................

16............................ .

17. Plaint or memo­

randum of appeal in
each of the following

suits :•—

(i) to alter or set'

aside a summary deci­
sion or order of any of
the Civil Courts not
established by Letters
Patent or of any Re- S- F i f t e e n

venue C ourt; rupees.

(ii) to alter or can­

cel any entry in a
register of the names
of-proprietors of reve­
nue-paying estates; .


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Number Proper Fee

(iii) to obtain a de­ T w e n t V

claratory decree where rupees.
no consequential re­

lief is prayed ;

(iv) to set aside an Fifteen

award ; rupees.

(v) to set aside an Twenty

adoption ; rupees.

(vi) every other Fifteen

suit where it is not rupees.
possible to estimate at
a money-value the

subject-matter in dis­
pute, and which is not
otherwise provided for

by this Act.

18. Application un­ When presented to a Mun- Fifteen

der section 14 or siff’s Court. rupees.

section 20 of the

Indian Arbitration When presented to any Fifty Act X

Act, 1940, for a direc­ other Court. rupees. 1940.of
tion for filing an

award or for an order
for filing an agree­
ment.

19. Agreement in Fifteen Act V

writing stating a ques­ rupees. of

1908.

tion for the opinion of
the Court under the
Code of Civil Proce­
dure, 1908.

20. Every petition

under the Indian Di­ Act IV of
vorce Act, 1869, except _ 1869.

_t_ petitions under section Twenty

44 of the same Act, rupees
and every memoran­
dum of appeal under

section 55 of the same
Act.

21. Plaint or me­

morandum of appeal
under the Parsi Mar­ Twenty A c tX V
riage and Divorce rupees. o [f]

Act, 1865. 1865.”

R. C. CHAUDHURI,

Jt. Secy, to the Govt, of Assam, Law Deptt.


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