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In pursuance of clause (3) of article 348 of the Constitution of dldia, the following translation in English of the Bombay Court-fees (Amendment) Ordinance, 2009 (Mah. Ord. XII of 2009). is hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra, H. B. PATEL, Secretary to Government, Law and Judiciary Department.
[Translation in English of the Bombay Court-fees (Amendment) Ordinance, 2009 (Mah. Ord. XII of 2009), published under the authority of the Governor.]
Born.
XXXVI of
1959.
LAW AND JUDICIARY DEPARTMENT Mantralaya, Mumbai 400 032, dated the 11th A~gust 2009.
MAHAHASHTRA ORDINANCE No. XII OF 2009.
AN ORDINANCE further to amend the Bombay Court-fees Actl 1959.
Wf.IJ;~REASboth Houses of the State Legislature are not in session;
Ai"'D WHEREAS the Governor of Maharashtra is satisfied that circumstances exist which render it necessary fOil' him to take immediate action further to amend the Bombay Court-fees Act, 1959, for the purposes hereinafter appeari.ng ;
(~) KOW, THEREFORl~, in exorcise of the powers conferred by clause
(1) of article 21i~of the Constitution of India, the Governor of Maharashtra is hereby pleased to promulgate the following Ordinance, namely:- Short title 1. (1) This Ordinance may- be called the Bombay Court-fees and comm-fAmendment) Ordinance, 2009.
encomcnt. T h
(2) It. shall come into force on t e l.st-September 2009.
Amendment 2. In Schedule I to the Bombay Court-fees Act, 1959,- Bom.
of Schedule XXXVI J to Born. of XXXVI of 1959 '1959.
(a) in article 3, the words and figures "otherwise than under the X of Arbitration Act, 1940" shall be deleted; 1940.
(b) after article 3, the following article shall be inserted, namely ;- "31\., Application or A fee of one-half of petition (including the ad valorem fee memorandum of appeal) to set aside or modify arbitral award under the Arbitration and Conciliation Act, 1996.
on the amount or value of the award sought to be set aside or' modified, according to the scale prescribed under 26 of Article 1 " J996, ~ ~ m "Hila,~O'mrT ana, ~ ~~, ~oo1/~~o,~ ~"{~~'1 S1'A'l'EM.F2';1' I , Under the Bombay Court-fees Act, 1959 (Born. XXXfl of 1959), the ~/ourt-fees are charged, to meet to' some extent, th~ ex~~ndrture be~ng incurred by the State Government on the Admmlstr~tlOn of .Iustice.
In the last fifty years, the expenditure on the Administration of 'Justice has increased enormously. 1'0 meet partl of this huge expenditure, the rates of Court-fees were increased injthe year 2002.
However, it is found that having regard to the overf]I inflationary trends in the economy and remarkable fall in the value of money, it is imperative to increase the Court-fees to partially meet the huge expenditure on the Administration of .Justice,
2. 1L is observed that after the commencement of the Arbitration and Conciliation Act, 1996, the number of applications or petitions (including appeals) to set aside or modify arbitdl awards are tremendously increasing. As there is no specific article in the Bombay Court-fees Act, 1959 to levy Court-fees on sueh applications, or petitions and appeals, it has become imperative for t~e Government to incorporate specific article providing for levy of Court-fee at the rate of one-half of the ad valorem fcc on the amount 6r value of the award sought to be set aside or modified according to the scale prescribed under Article 1, and thereby to some ex'tenl meet the expenditure on the Administration of Justice. I ;). As both Houses of the State Legislature are notjin session and the Governor of Maharashtra is satisfied that circumstances exist which render it necessary for him to take immediatejaction further to amend the Bombay Court-fees Act, 1959 (Born. XXXVI of 1959), for the purposes aforesaid, this Ordinance is promulgated, I Mumhai, Dated the 7th August 2009.
Is. C.• JAMIR, Governor of Mah~rashtra.
By order and in the name of the Governor ofjMaharashtra, M. N. GILAl'H, Principal Secretary Jnd Remembrancer of Legal Affairs tel Government.
ON BEHAU' Of' GOVERX:\lEXT PRI~TI.'iG, STATIONERY ,\:\1) PUBLICATION) PRINTKD ANI) PUBI.ISHED BY B1m! PAHSHVRA.\{ .JAGANNATH GOBAV), PRIl'mm AT GOVER:-iME:,\T CE:,\TI\AL PRr;SS, 21,',\' NETAJI SUllHASH ROAD, CHARN!
ROAD, :-.I1];1I3A[400 004 AND PUBLISHED ATDIRECTORATE OF GOVER.'1M~;:-;TPRIXTL'lJG,5"l'ATIONf;RY AND PUHLICATIOl\, 2J·A, l'<ETAJI SUBRASH ROAD, CHARNI ROAD, MUMBAl 400 O(H.