REGISTERED No D. 221 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 33] NEW DELHI, SATURDAY, OCTOBER 7, 1967/ASVINA 15, 1889 Separate paging is given to this Part in order that it may be filed as a separate compilation. MINISTRY OF LAW (Legislative Department) New Delhi, the 7th October, 1967/Asvina 15, 1889 (Soka) THE COURT FEES (DELHI AMENDMENT) ORDINANCE, 1967 No. 7 OF 1967 Promulgated by the President in the Eighteenth Year of the Republic of India. An Ordinance further to amend the Court-fees Act, 1870, as in force in the Union territory of Delhi. WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action; Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: —
1. (I) This Ordinance may be called the Court-fees (Delhi Amendment) Ordinance, 1967. Short title, extent and commencement.
(287) 288 THE GAZETTE OF INDIA EXTRAORDINAHY [PART JI Act 7 of 1870, as in force in Delhi, r0 be temporarily amended. Amendment of section 4 in the exercise of jurisdiction to iwuc writs, etc. in the exercitc of any other jurisdiction. Amendment of Schedule II.
(2) It extends to the whole of the Union territory of Delhi.
(3) It shall come into force at once.
2. During the period of operation of this Ordinance, the Courtfees Act, 1870, as in force in the Union territory of Delhi (hereinafter referred to as the principal Act), shall have effect subject to the amendments specified in sections 3 and 4.
3. In section 4 of the principal Act,—
(a) in the marginal heading to the first paragraph, for the words "in High Courts in their extraordinary jurisdiction", the words ''in the High Court of Delhi in its ordinary or extraordinary jurisdiction" shall be substituted;
(0) in the first paragraph, for the words "any of the said High Courts in any case coming before such Court in the exercise of its extraordinary original oivil jurisdiction", the words "the High Court of Delhi in any case coming before that Court in the exercise of its ordinary or extraordinary original civil jurisdiction" shall be substituted;
(c) in the third paragraph, for the words "other than", the word "including" shall be substituted;
(d) after the fifth paragraph "or in the exercise of its jurisdiction as a Court of reference or revision;", the following paragraphs shall be inserted, namely: — "or in the exercise of its jurisdiction to issue directions, orders or writs under the Constitution of India; or in the exercise of its jurisdiction in any other mattery".
4. In Schedule II to the principal Act, in clause (d) of article 1, after sub-clause (ti), the following sub-clause shall be inserted, namely: — "(ii-A) under article 226 of the Constitu- Fifty tion of India other than petitions rupees.'', for habeas corpus and petitions arising out of criminal proceedings. "SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 289
5. (1) Notwithstanding anything contained in the principal Act or I in the principal Act as amended by this Ordinance, fees shall be j levied in suits or other proceedings instituted on or after the 31st J day of October, 1966 and pending immediately before the commence- < ment of this Ordinance in the High Court of Delhi by virtue, and in the exercise, of its ordinary original civil jurisdiction as if the principal Act, as amended by this Ordinance, had been in force on the respective dates on which such suits or proceedings were instituted.
(2) Any fees levied in respect of suits or other proceedings instituted before the High Court of Delhi by virtue, and in the exercise, of its ordinary original civil jurisdiction, on or after the 31st day of October, 1966 and disposed of before the commencement of this Ordinance shall be deemed to have been levied in accordance with law. ZAKIR HUSAIN, President. V. N. BHATIA, Secy, to the Govt. of India. ERRATA In the Punjab Reorganisation Act, 1966 (No. 31 of 1966) as published in the Gazette of India, Extraordinary, Part II, Section 1, dated the 18th September, 1966,— Page 358—
1. In section 2—
(i) in clause (h), line 2, for "th" read "the";
(ii) in clause (i), line 2, for "the means" read "the Union, means".
2. In section 3, sub-section (1), clause (c), for "and Naraingarh" read "and Naralngarh tehsils of. Levy of fecB in iuiti5 etc., irwtituted before commencement of this Ordinance. 290 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SKC. 1] * Page 359— In section 3, sub-section (2), line 2, for "as the" read "as the Jind". Page 361— In section 6, sub-section (2), clause (i), line 4, for "fo m" read "form". Page 365— In section 19, line, 6, after "Haryana" insert ",". Page 377— In section 49, in the second proviso, line 3, for "sue" read "such". Page 392— In section 75, line 11, for "croporate" read "corporate". Page 411— In the Second Schedule, in item 4, column 1, for the last word "J umro" read "Jhumro". PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT Of INDIA PRESS, MINTO ROAD. NEW UELHI ANP PUBLISHED BY THE MANAGER OI* PUBLICATIONS. DELHI, 1967.