REGISTERED No. D. 221 1 he fej>tte W 0f Inbia EXTRAORDINARY
PART SI—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 109] NEW DELHI, MONDAY, JULY s, ig«3 /ASADKA xot 18S5 MINISTRY OF HOME AFFAIRS NOTIFICATIONS New Delhi, the 2Sth June 1963 G.S.K. 1119.—In exercise of the powers conferred by section 2 of the TTnirterri tories (Laws) Act, 1950 (30 of 1950), the Central Government extends with enact from the 15th day of July, 1963, to the Union ter r i tory of Manmur the Court Fees Act 1870,(7 of 1870), as at present in force in the State of Assam subject to the following modifications, namely;— ' Modifications
1. Throughout the Act, for the expression "the High Court" or "a High Court" the expression "the Court of the Judicial Commissioner for Manipur" for t h - words the Appropriate Government", the words "the Central .Government ' ' and £ s S f s S S . Government", the words "the Chief Commission™, &U
2. In section 1, for the second and third sentences, the following shall be substi tuted. namely:— , s c M t O M ^ ' "It extends to the whole of the Union terr i tory of Manipur.
It shall come into force on the 15th day of July, 1983."
3. For section 1A, the following section shall be substituted, namely: — "1A. Definitions.—In this Act,—
(a) 'Chief Commissioner' means the Chief Commissioner of the Union terr i tory of Manipur; a n d : 1
(b) 'Official Gazette ' means the Manipur Gazette."
n a m e l y ^ — ^ C h a p t e T & tor t h s heading, M following shall be substituted, "Fees in the Judicial Commissioner's Court.";
(b) for section 3, the following section shall be substituted, namely: — "3. Levy of fees in Judicial Commissioner's Court.—The fees payable for the t ime being to the clerks and officers of the Court of t h e J u d i c i a l ' Commissioner f ° r M a n i p m . o r chargeable in that Court undei No 11 of the First, and Nos. 7, 12 and 20 of the Second Schedule to this Act annexed shall be collected in the manner hereinafter appea r ing" .
C501 ) © THE GAZETTE OF INDIA EXTRAORDINARY [PART I I - ., { In section 4,— ^ £ '
(i) in paragraph 1, for t h e words "any of the said High Courts" the words •Hhe Court of the Judicial Commissioner for . Mampur" shall be substituted;
(ii) paragraph 3 shall be omitted.
6. In section 5,-—• m in paragraph 1, for the words "in any of the said High Courts" the C } worc^s 4 n the Court of the Judicial Commissioner for M a m p u r ' and for the words "the Chief Justice of such High Court or of such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf", the words "the Judicial Commissioner shall be substituted; ,
(ii) paragraph 2 shall be omitted;
(iii) in paragraph 3, for the words "The Chief Justice", the words "The Judicial Commissioner" shall be substituted. ^ > 7 In section 6 for the words "except in the Courts hereinbefore mentioned", the w o r d s " E x c e p t in the Court of the Judicial Commissioner for Marupur" shall be substituted.
8. In section 7, the proviso occurring after clause (d) of paragraph (v) shall fc he omitted, 9 In section 13. for the words and figures "on any of the grounds mentioned in the Code o fCiv i l Procedure, is ordered to .be received, or if a surt is rernanaed in aDDeal on any of the grounds mentioned in section 351 of the same Code the w o r d T a n d figures "on any of the grounds mentioned m the Code of Civil Proce dure! J 8 8 is ordered to be received, or if a suit is remanded m appeal under Order XLI. rule 23 of the First Schedule to tha t Code" shall be substituted.
in In section 17 in paragraph 2, for the words end figures "by the. Code of Civil Procedure section 9", the words and figures "by Order II. rule 6, «f tne First Schedule to the Code of Civil Procedure, 1908" shall be substituted.
11. In section 19,—
(i) clauses (v ) , (vi) and (vh) shall be omitted;
(ii) in clause (viii) , for the words and figures "Probate of a will, let ters of administration, and save as regards debts and securities, a certifi cate under Bombay Regulation VIII of 1327", the words "Probate of a will and letters of administration" shall be substituted and the words "or certificate" shall be omitted;
(iii) in. clause (xvi ) , the, words "or to or before the Heads of Villages or the Village Police in the terr i tories respectively subject to the Governor in Council of Madras and Bombay" shall be omitted;
(iv) in clause (xx i ) . the words and figures " the Chaukidari assessment under ^ Act No. 20 of,l&56, or against" shall be omitted;
(v) clauses (xxiii) and (xxiv) shall be omitted.
12. In section 19-H,— *
(i) in sub-section (2), for the words " the High Court" in the first^ace ' where they occur, the words " that Court" shall he substituted and the words "for the local area in' which the High Court is situated shall be omitted; ' i
(ii) in the proviso to sub-section (4) for the words and figures required by section 277 of the Indian Succession Act. 18&5 or as t he case may be by section 93 of the Probate and Administration Act, 1861, the words and figures "required by section 317 of the Indian Succession Act, 1&25'" shall be substituted.
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•SEC. 3(1)1 THE GAZETTE OF INDIA EXTRAORDINARY t^f:S '/ 5 0 g V,
13. In section 22, for the thi rd paragraph, the following shall b e substituted, nan j : — "and for t h e purposes of this section, every Court of Small Causes estab lished under section 5 of the Provincial Small Cause Courts Act, 1887 shall he deemed to be subordinate to the Court of the District Judge ."
14 In section' 27 in the proviso1, for the words "Chief Just ice of such Court", -the words "Judicial Commissioner" shall be substituted.
15 In section 28 in paragraph 2, for the words "any Judge of such Court", ,the words "the Judicial Commissioner" shall be substi tuted.
16 In section 35 for the words "the terri tories under its administration", the words "the Union terr i tory of Manipur" shall be substi tuted.
17 In section 36 the words "to the commission, payable to the Accountant General of the High Court at Fort William, or" shall be omitted.
IS In Schedule I, Articles 12A, and 13 and the entries relating thereto shall * be omitted.
19.. In Schedule II .— •(i) in Article 1,— I f i l m clause (a) in oaragraoh 3, for the words and figures "or to any ( } Court of Small" Causes" constituted under Act No. 11 of 1865, or under Act No. 16 of 1368, section 20", the words "or to any Court of" Small Causes established under section 5 of the Provincial Small ' Cause Courts Act, 1887" shall be substi tuted;
/M m r l a m e fc) in oaragranh 4, for the words "a Board of Revenue, ,<b) " ^ M g ^ g ^ g g £ of Revenue" , the words, "the Chief Commis sioner" shall be substituted;
•(c) in clause (d), for the words "a Chief Commissioner", the words "the ,-' ( Chief Commissioner" shall be substituted;
•tm i n clause (g), for the words "one hectare" wherever they occur, the ( ] words "two and a half acres" shall be substi tuted;
,.-v • A « i„ m nr, *.iaina* M the words "Board of Revenue" shall be C l l ) " o m i t t e d a n d 1 the S " S in force in the Union ter r i tory of Manipur" shall be added at the end;
i
(m) in. rtic e ,-— w o r d s and figures "an Excise appellate autho-
(a) ^ . ^ J ) , ^ ^ ™ ^ e a A s s a n r Excise Rules", the words and fiSreT^tLe S e i s e Commfssioner under rule 334 of the Manipur Excise Rules, 1963'" shall be substituted;
tm m clause (d) for the words and figures "an Excise appellate autho-
(b) m clause w > " ^ S i r f +he Assam Excise Rules", the words and S L S ^ S J ^ f t a B * K 5 - d e r ru le 335 of the Manipur Elxcise Rules, 1&63" shall be substituted;
<iv) Art icles 13, 14 and 21 and the entries relat ing thereto shall be omitted.
ANNEXUBEI *ftria» *m> ACT, i87o njggggf*TO THE ™ I O N TEEKITOKY (7 OF 18700
CHAPTER I r PRELIMINARY U. Short t i t l e .^This Act may be called the Court Fees' Act, 1870, 5°4 THE GAZETTE OF INDIA EXTRAORDINARY [PART IZ- Extent of Act,—It extends to the whole of the Union terri tory of Manipur " •*• Commencement of Act.—It shall ccme into force on the 15th day of J t j ^ t M f t '
1A. DeflniUojis.—In this Act,— (a) fCStSrs^anS;rr ean5 the Chief &**»*« ? ^ **«
(b) 'Official Gazette ' means the Manipur Gazette.
2. ["Chief Controlling Revenue-authori ty" defined] Repealed.
CHAPTER II FEES^ nsr THE JUDICIAL COMMISSIONER'S COURT
3. Levy of fees in Judicial Commissioner's C t a r t — T h e fees nav-H*. fr«* +>,Q t ime b o n g to the clerks and officers of the Court of t h e Judicial C o ^ i s s i o n e r for Manipur or chargeable in that Court under No. 11 of S i ^ K f ?
J i ^ d f o J t h £ S s c o n d Schedule to this Ac: annexed shaU be c o i f e d n f t h i manner hereinafter appearing. Lu^tvceo. rn, t n e W ^ J ^ i & S S S S ^ &lf' CtC 'J f1 P**** 0 i ' J f u a i c i a i Commissioner in its e x t r a - W oiauia iy juustlictiioii.—No document of any of the kinds wpHfleri s« M , „ ^ i 7 ^ » Second Schedule to this Act annexed, as c h S e a M e w r S ^ e & s h n t w I w * e T ^ b j t f d n g r recorded in, or shall be received £ F g g f a b S r t o ^ c 2 L * ? a f a & Judicial Commissioner for Manipur in any case coming before such C o n n H 1R» exercise or its extr a ordinary original civil jur isdic t ion? - or in the exercise of its extraordinary original criminal jurisdiction- '* ** ** ** e« ' t o ' l S f e S H # ^ J U r i 3 d i c t i 0 I i * m « * ^ P e a l 3 from the Courts subject 7 ! If rwjj £01^ o f >«***•«* and revision—or in the exercise c'r its jur ' sdMion as a Court of reference or revision; ' j u i - u x i u a as a t h . I f l w i n I ^ W £ f SU-Cr d o c u m e n t *aere be paid a fee of an amount not l e « document. ^ " ^ ^ a U , e r Qf t h e *& ****** ** the p r c p s f fee ! for £ uch
5. Procedure in case of difference as to' necessity or amount of fee— w h m i m , , S t a r ! S e S ? e t e f t h ' e o f f i c e r w h G 3 e d u ^ i t fc to S M B I S any f e l l pa ol unaei this chapter and any suitor or attorney, as to the necessity d oairiiEr ?
S , ^ n ^ « « W P * thereof, the question shall, when the d S S ^ aS^es in f h e S o s e ? e S i U § S S , B C S t ^ ^ ^ ^ e ^ ^ ^ i o n l K f i t 5 - ^ ^ ** ** i . CHAPTER III FEES EST OTHER COURTS AND IN PUBLIC OFFICES in i # c l r f f rf*fS^SS^^ ilX i > 3 f o s s J i i C < » ^ s or in public offices—Except in m e Uouil oi the Judicial Commissioner for Manipur no atmvmSrrt** ftf £* the lands specified as chargeable in t r» First ci S E - O P ^ P I S L L •• yA°I annexed shall be filed, exhibited or reco^ecl i n a n v T r > m - t ^ Tn t > ^ S £*$ 2 w S?h»r t ,^ - *- ff a n a n i o u n i n o t I e s s ^ s n t h £ t indicated b v e i t h e r ^ ^ t h e said bcnedules as the proper fee for such document ^ i n e payable pe r iod ica l ly ) -accord ing to the amomit claimed; S ™ S >' THE GAZETTE OE INDIA EXTRAORDINARY , > m penance a«* - ^ ^ S l S ^ c S i S ^ ^ *£g$* • or other Mgt J K g ^ S t t S value shall be deemed to be ten gffSffffii&^SSl to be payable for one year;
m m * * * moveable « g * J g | « X ^ h T ^ - t t e r h ^ | plaint;
!"
(iv) In suits vAtee_fos moveable property « ^ S e ^ ^ ^ S l ^ a S . f h a r ^ t ^ e t - v a l u e , » for instance, * Ihe case of documents relating to title, ( S ) n S , S f u ; f a k i 1 o u f o ? l a n d : a n d .
(f) for accomits-for account. ^ v a l u e d i n t h e according to the a m o u n t ^ w ^ Piiin* or memorandum of appeal.
• i • f » shall State the .mount at which he values the In all such suits &* plamtift sh§H Still® relief sought; o^ens—in SttitS for the possession iv) cor wMtf-f «* s j f i s a s J s S K s****- ol ** 3 & S ? S l u c h n t v a ! u e ^ U ba_ darned to b e - where the subject-matter is fetd. •« _ rf a a e s t a t f i j <*> - ^ - ^ ^ l ^ S ^ ^ r n ^ t T paying anmu.1 re, Collector', r en te r « * f f 5 S i ? T « £ S r ^ * & - e n u e .
an, such revenue is ^ ^ ^ ^ twenty times the revenue M p « * U * d e f l n i t o- s h a i . .& rf an estate,
(b) ̂ e,e ̂ jgyess gsass&s s»*« - **— S S S recorded as a tor^id , • ĉ +u-.-T but not permanently acS such revenue is settle, b u ; / £ve times the revenue SO p ^ U , c x e m P t ed ( e ) where the land ^ « ^ g ^ & * S S ^ payment in heu from such payment, ci is aa«ts 0f such revenue, fl ^ y e a r n e x t before fifteen times such nett profit-, therefrom—the amount at ** ** X / ^ l -°6 T H E G A Z E T T £ Q F ̂ EXTRAORDINARY [PART I l J ' - ' S. ,^--' / SrplGiwtion,.—The word "potato" nC „-.„J : . .. ^=%«w'^ ^ — ^ subject to the p a y m e n t ^ ' K S Vf v r h ! l V h l s P^graph, means an^and shall have executed a S t o S t e ^ a u S L S ? tif^SK?*" OT a f a r m e r ° * W absence of such engagement, ̂ S ^ I e ^ ^ ^ & S J 5 R & 5 ?
(e) for houses and gardens —Wbpi-p the. **%*» * garden-according t ^ f e ^ ^ f e « % & & * " the year next before W ^ T ^ ^ ^ ^ a s * * *« ( V l l l ) J^^ttSSffiE^figLS S e t aHd e - ^tachement of which the SffSSfiiS&EiiSS^00^^8 to tte amount ** t fa /SS 5 V S S SbUeCk C0™ted S ^ ? S S ^ °f »** land OT * * > « * " such land or interest; computed as if the suit were for the possession of (iX) %£S*S£S^ againSt " m ° r t g a S e e ** ** **** of the » , to foreclose-** in suits by a mortgagee to foreclose the mortgage * ^ T a b s l l u t ^ ^ " m a d e b"V c - ^ o n a l sale, to have the sale declar- ^^SSf^fS^Stmmey expressed t0 be 3ecured b* *e ***-
(x) for specific performance-In suits for specific performance- • (aj of a contract of sa l«cord ing to the amount of the consideration- C b ) 0fsecure°d?raCt °f m o^ge-according- to the amount agreed'to U first year of the term; ' agieed to be paid during the >m ^ S ^ ^ ' ^ * ^ * t0 m m m m ° r * * * <* the property in fed) .etwe^lan^ord and tenant.-In the following suits between landlord ' ftl l°F ^u ^ ^ ^ b y * t e n a u t o f t h e counterpart of a lease c ZTTrthe Tof * tms*% having a S5 5 - ™ .
CO for the delivery by a landlord of a lease " * * tct/ to contest a notice of eieetesea!
(f) for abatement of rent >sj$ the plaint. f^30^ lor Efte year next before the date of presenting matter ^ f t S %£ ^ " ^ o f sults.-lf the Court is of opinion that m object determine the' c J S c t ^ S i S f ^ a T S d £ ^ r e V " e t h e S f l & S I S such purpose. ™D: a n c l m a y h o l d su<=h inquiry as it thinks fit for SEC 3(i)] THE GAZETTE OF •"7B Investigation to ascertain proper valuation.—(1) For the purpose oi an uir'y under section 7A the Court may depute, or issue a commission to, any suitable 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 par ty to the suit as it thinks fit to deposit such sum as 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 it such party is the plaintiff or the appellant and, m any other ease, may recover the costs as a public demand.
7C Power of persons making inquiry imdcr sections 7A and IB.—(1) The Court, when making an inquiry under section 7A and any person making an investigation under section 7B shall have, respectively, for the purposes of such inquiry or investigation, the powers vested in a Court under the Code of Civil Procedure, 1908, (Act V p | 1908) in respect of the following matters, namely:
(a) enforcing the attendance of any person and examining him on oath or affirmation;
(b) compelling the production of documents or material objects; and
(c) issuing Jommissions for the examination of witnesses.
(2) An inquiry or investigation referred to in sub-section (1) shall b e deemed to be a judicial proceeding within the meaning of sections 193 and 223 of the Indian Penal Code. (Act XLV of 1860).
7D Costs of inquiry as to valuation and refund of excess fee—If in the result of an "inquiry under section 7A the Court finds that the subject-matter of the suit has been undervalued the Court may order the par ty respons ive i o r the under valuation to pay all or any part of the costs of the inquiry.
If i r 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 thai all or S S of such costs shall be paid by Government or by any party t o t h e suit at whose instance the inquiry has been undertaken and it any amount exceeding the proper amount of fee has been paid shall refund the excess amount so p*-d.
3 Free on memorandum of appeal against order relating to compensation.— The ' amount of fee payable under this Act on a memorandum Of appeal against an order relating to compensation under any Act for the time being m force for the acquisition Sf land for public purpose. , shall be computed according to the difference between the amount awarded and the amount claimed by the appellant.
9 power to ascertain nctt profits or market-value.—If the Court sess reason to think that the annual nett profits or the market-value of any such land, house or garden as is mentioned in section 7, paragraphs 5 and 6 have or h n = b « n wrongly estimated, the Court may. for the purpose of computing the fee P ^ b l e m any suit therein mentioned, issue a commission to any proper person directing him to make such local or other investigation as may be necessary, and to report thereon to. the Court.
in Procedure where nett profits or market-value wrongly estimated—(i; If in the result of any such investigation the Court finds that the nett profits or marketv a l u ? have or has been wrongly estimated, the Court, if the estimation has been Scess ive may in its discretion refund the excess paid as such fee: bu., U the Istimation has been insufficient, the Court shall require the plaintiff to pay so m -eh additional fee as would have been payable had the said marKet-value or n e n profits been rightly estimated.
(ii) In such case—
(a) the suit shall be stayed until the additional fee is paid and if the additional fee is not paid within such t ime as the court shall fix, the suit shall be dismissed; and whether the' additional fee is or is not paid, s<^\ 5°8 THE GAZETTE OF. L\DIA EXTRAORDINARY [PAKT I I - & (b) tha 1 5 51 srsa S s^j^iixsr^ . I gas* as? s^^s^iHSfS^ • have the force and effect of a. decree p a s s e ? S y S c S r l Cm) Repealed.
* ' * * * .
12 Decision of Questions as to valuation.— fn Every Question rMa&ne tn « r « ^ r - ^ for the purpose of determining the amount o a n v ^ f t ™ ! ? ! valuation sir I H i ^ I SCsv! «vSF
13. Refund of fee paid on memorandum of appeal—If an a&mm n- **«*„* wmcn has been reierted bv thp fnwer r ™ , ^ L , !, a n aPP e fu or plaint, in the Code of Civil F roc - iu r e 1903 i- o r d P - S %\°f t h - ^ G U n d s . mentioned srsss -m%^^±£^BiiB^ & «?« shall not authorize t h e a o p l u a n t teSSS b L k S ^ f h S 8 C e r t S f i ^ 3 0 « * * * !
have been originally payable I n 3t\oto* <S S 2 5 , S ° m u c h f e e a s W C L- l d respect whereof the suit h i s been remanderl P " " ° f 5 U C h ^ ^ - m a t t e r in
14. Refund of fee on application for review of tearmemi w i , ' , . ,.
for a review of judgment % orespnt-rit «n r J E " £ - iS 3 ^ e a n application c'sie of the decree, the Court u n S «S? £ \ r t h e m i l c H e t h d a ^ f r o m ^ e laches, may, in"its d scretloiT g r a S him ? %%£?* ^ s e A r b y ^ h s ^ e a a f s back from the Collector-so much of ihl L f ^ S S ^ 6 aphor i z ing *"m to receive the fee which « f f w i ^ ^ on the rehearing, t h e C o u r f r e * e r s e s o r S f iS { f f S S l l a T ^ t e d . and where.
of mistake in law or fact £ S l l c a n t S t ^f/%C1Sloa o n t h e -^ouiid the Court authorizing him" fa> r e S * b ^ v f L i V e n t l X 1 ^ d *° a certificate- from SEC. 3(i)} THE GAZETTE OF INDIA EXTRAORDINAR - f
17. Multifarious suits.—Where a suit embraces two or more distinct subjects, th plaint or memorandum of appeal shall be chargeable with the aggregate anruunt of the fees to which the plaints or memoranda of appeal h i suits embracing separately each of such subjects would be liable under this Act.
Nothing in the former par t of this section shall be deemed to affect the power conferred by Order II, rule 6 of the First Schedule to the Code of Civil Procedure
1903.
18. Written examinations o | comjslaiixauts.—When the first or only examination of a person who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other than an offence for which police officers may arrest without a warrant , and who has not already presented a petition on which a fee has been levied under this Act. is reduced to writing under the provisions of the Code of Criminal Procedure, the complainant shall pay a fee of one rupee, unless the Court thinks fit to remit such payment.
19. Exemption of cei'tain dtteimieiHs.—Nothing contained in this Act shall render the following documents chargeable with any fee:-—
(i) Power-of-at torney to institute or defend a suit when executed by a member of any of the Armed Forces of the Union not in civil em ployment.
(iii) Wri t ten statements called for by the Court after the first hearing of a suit.
* A lie =[i $ # . *
(viii) Probate of a will and letters of administration, where the amount or value of tlie property in vespect of which the probate or letters shall be granted does not exceed one thousand rupees.
(x.) Application relating to a supply for irrigation of water belonging to Government,
(xi) Application for leave to extend cultivation, or to relinquish land, when presented to an officer of land-revenue by a person holding, under direct engagement with Government, land of which the revenue is settled, but not permanently.
(xii) Application for service of notice of relinquishment of land or of en hancement of rent.
(xiii) Writ ten authority to an agent to distrain.
(xivj First application (other ^han a petition containing a criminal charge or information) for the summons of a witness or other person to at tend either to give evidence or to produce a document, or in respect of the production or filing of an exhibit not being an affidavit made for the immediate purpose of being produced in Court.
(xv) Bail-bonds in criminal cases, recognizances to prosecute or give evidence, and recognisances for personal appearance or otherwise.
(xvi). Petition, application, charge or information respecting any offence, when presented, made or laid to or before a police officer.
(xvii) Peti t ion by a prisoner, or other parson in duress or under restraint of any Court or its officers.
(xviii) Complaint of a public servant (as defined in the Indian Penal Code 45 of 1860), a municipal officer, or an officer or servant of a Railway Company.
• (xix) ADplication for permission to cut timber in Government forests, or otherwise relating to such forests.
(xx). Amplication for the payment of money due by Government to the applicant.
(xxi) Petition of appeal against any municipal tax.
(xxii) Applications for compensation under any law for the time being in force relating to the acquisition of property for public purposes.
* * * * * * 5 I 0 THE GAZETTE OF INDIA EXTRAORDINARY. [FAKT I I -
CHAPTER IIIA PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION
19A. Kelief where too high a- court-fee has been paid.—Where any person on applying for the probate of a will or letters of administration has estimated the property of the deceased t o -be of greater value than the same has afterwards proved to be, and has consequently paid too high a court-fee thereon, if within six months after the true value of the property has been ascertained, such person produces the probate or letters to the Chief Controlling Revenue Authority for the local area in which the probate or letters has or have been granted.
and delivers to such Authority a part icular inventory and valuation, of the property of the deceased; verified by affidavit or affirmation, and if such Authority is satisfied that a greater fee was paid on the probate or letters than the law required, the said Authority may— (.a) cancel the stamp on the probate or letters, if such stamp has not been already cancelled;
(b) substitute another stamp for denoting the court-fee which should have been paid thereon; and
(c) make an allowance for the difference between them as in the case of spoiled stamps, or repay the same in money, at his discretion.
19B Kelief where dehts due &om a deceased person have been paid out ofl his estate—Whenever it is proved to the satisfaction of such Authority that an executor or administrator has paid debts due from the deceased to such an amount as being deducted out of the amount or value of the estate, reduces the same to sU m . which if it had been the whole gross amount or value of the estate, would have occasioned a less court-fee to be paid on the probate or letters of adminis tration granted in respect of such estate than has been actually paid tnereon under this Act, such Authority may return the difference, provided the same be claimed within three years after the date of such probate or letters. -* But when by reason of any legal proceeding, the debts due from the deceased have not been ascertained and paid, or his effects have not been _ recovered and made available, and in consequence thereof the executor or administrator is p r e vented from claiming the return of such difference within the said term of three years, the said Authority may allow such further t ime for making the claim as may appear to be reasonable under the circumstances.
19C Relief in case of several grants.—Whenever a grant of probate or letters nf administration has been or is made in respect of the whole of the property & o 3 g f e a n estate, and the full fee chargeable under this Act has been or is p S d thefeon, no fee shall be chargeable under the same Act when a like grant is made in respect of the whole or any part of the same property Delonging to the same estate.
Whenever such a grant has been or is made in respect of any property forming par t of an estate, t h l amount of fees then actually paid under thus Act shall be deducted when a like grant is made in respect of property belonging to the same S . identical with or including the property to which the former grant relates.
19D. Frofcates declared valid as to trust-property though not covered ^y courtfee —The crobata of the will, or the letters of administration of the effects, of ™1 n t ^ e F c°ece3sed heretofore or hereafter granted shall be deemed valid and a v a i i a w l b y " 5 S c u t S T o r administrators-for recovering transferring « M g j f o g f n f i n v moveable or immoveable property whereof or whereto the debased v,as nossSsed or entitled, either wholly Or partially as a trustee, notwithstanding the ^ o u n f or value of such property is not included in the amount or value of the I S e in respect of which a c o u r t - f e e was paid on such probate or let ters or a dmini str at io n.
19P Provision for case where too low a court-fee has been paid on P l a t e s , e t c . - W h e r e any person on applying for probate or letters of administration has < SEC 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY v - _ ~ - ^ 5 1 1 limated the estate of the deceased to be of less value than the same has after wards proved to be, and has in consequence paid too low a court-lee thereon, the Chief Controlling Revenue Authority for the local area in which the probate or letters has or have been granted may, on the value of the estate of the deceased.
beino' verified by affidavit or affirmation, cause the probate or letters of adminis tration to be duly stamped on payment of the full court-fee which ought to have been originally paid thereon in respect of such value and of the further penalty, if the probate or letters is or are produced within one year from the date of the1 grant of five times, or if it or they is or are produced after one year from such date, 'of twenty times, such proper court-fee, without any deduction of the courtfee originally paid on such probate or letters:
Provided that , if the application be made within six months after the ascer tainment of the t rue value of the estate and the discovery that too low a courtfee was at first paid on the probate or letters, and if the said Authority is satisfied tha+ <"^c^ f~° " 'as ^aid in consequence 01 a mistake or of its not being known.
at the time "that "some particular par t of the estate belonged to the deceased and;
without any intention of fraud or to delay the payment of the proper court-fee, the said Authori ty may remit the said penalty, and cause the probate or letters to be duly stamped on payment only of the sum wanting to make up the fee which should have been at first paid thereon.
19F Administrator to give proper security before letters stamped under section it»F— Tn case of letters of administration on which too low a court-lee has been paid a t first? the said Authori ty shall not cause the same to be duly stamped ffi manner aforesaid until the administrator has given such security to the Court £ w M c h X e letters of administration, have been granted as ought by ^ ^ have been given on the granting thereof in case the full value of the estate of the deceased had been then ascertained.
l o r Fxpcutnrs etc.. not paying full court-fee on probates, etc., within six months S f r discovery o f u n d e r - p a y n r e n t . - W h e r e too low a court-fee has been S II smv orobate or letters of administration in consequence of any mistake, or of its not "being k n W n at* the time that some particular par t of the estate- ^ i n n V d to the deceased, if any executor or administrator acting under , such S a f e 01-letters does not. within six months after . the discovery oi the mistake p e r c e n t on the amount of the sum wanting to make up the proper court-fee.
iQII Notice Of applications for probate or letters of administration to be given to B i ™ ? ™ AufhoSSi*. and. procedure ^ ^ ^ - ^ f ^ t h ^ " t h ^ C c u r t nrnb?t» or letters of administration is made to any Court other m a n ine y ° S " S™the~ Judicial Commissioner for Manipur, the Court shall cause notice of t h e application to be given to the Collector.
m Where such an application as aforesaid is made to the Court of . the Judicial C o m m o n e r for' Manipiir. that Court shall cause notice of the application to b e given to the Chief Controlling Revenue-authority.
PV\ The Collector within the local limits of whose revenue-jurisdiction the ™ J 2 t J df X deceased or any part thereof is, may at .any t ime inspect or property ot m e a e c e a s e a a y F t a k e n e i g s ^ t h e Tecord of CaUSVt in which^ ar'phcation^for probate or letters of administration has been S J ^ ^ I f ^ S f t 3 R 5 £ S & g I t c&erwisej he is of opinion ' that the petitioner l t€ i#3« StSdan-ŝ wmmm^ • S S e r - 2 t i m a t e d ^ m a y require ^ p e t i t i o n e r to amend the valuation.
f41 If the oetitioner does not amend the valuation to the satisfaction of the r* 1 I +lfQ r n i i ^ t n r m w move the Court before which the application for g S ^ * % S ? 3 R M B f a ^ was made, to hold an inquiry into the t rue value of the property:
Provided tha t no such motion shall be made after the expiration of six months from the date of the exhibition of the inventory required by section 317 of the Indian Succession Act, 1925.
/$*3 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— such further evidence as may be produced to or?,.. rT MmirflMion), and may tali?
» e person authorised as' alolisaid to hold t h i e t r u e ' V a l u \ ° * th.orop.7ty?
^ s 1 ™ — ^ sauus ana ft i ^ S t t ^ ^ ^ e S , ^ ^ , * ^ ^ ^ of C o l l e c t J™'1?.? ,5h«ll be made upon an appIicaUo, for 2U»r0„ba'e ° r >e«ers of adnunis- T?f , 1? •.m- t,he C o u r t 8 Valuation of th8?-oSertv to tof? """1 the petitioner Ki51SSuffla?leStafi ? * 3 ^ ^ ^ ^
19J. Recovery of penalties &tc en &« =-„„„ x inquiry held under "ecUon 19H sub-sec?ion 7 ! f £ r f * 2 ^ f° ¥ p a y a b l e °* aa under section WQ may, on the cer tificatfoY i S C h i e f t 4 t S & ^ % ° r ^fci tute he recovered from the executor or a d ^ i m X b r ^ > -l m^R e v e n ue-authorlty.
lana-revenue by any Collector. aamimsLrator as li g w e r e an arrear J$
(2) The Chief Controlling RsvFnrp.an^nrJt,, ~.
part of any such penalty S f o r t S f « fefiL?»£ r e m r t t h e » M e or a*T H o g , I r f S o n f | 1 ^ l » A # m & ^ t S t ^
CHAPTER IV PROCESS FEES ^ 20. Rules as to cflsis o£ yocess^s Th*. rwi t . t*.
•for Manipur shall, as soon as may he, male S S £ ^ « £ , ^**1 . Commissioner ,,-, ,-, j , - e s aE t 0 t h e blowing matters: — such f.n rp, D - , , "*" "" l-uc -h^uuv/mg- matter Courts established M f f i & f g & . * t ? &&££****>» otner than offences for which TOl'e n^ I -o t h e c a s e o f offences warrant; and p o l i C e o i^ceis may arrest without a
(iii) the remuneration of the peons and PIT etffe,* „ "^ Of a Court in the S ^ g V S i X f i f S S l f f * ^ b^ I e a - ^ f f t f S l 2 the i i f t i S d f 5 3 1 ™ " fOT N W may from tune to time ^ ^ ^ M ^ S ^ ^ ^ m ^ m derations and additions Gazette, and shall thereupon have theforVeoTltw & p u b ] i s h e d & &* Official • ^ • ^ J http://th.orop.7ty = = " , j ^vh i^hed the fees now leviable for ^ A ^ w £#«&£»&.and shali be deeme ,o~be fees leviable under" this Act. F n g i l s h and Vernacular languages, showing the I e e-„ i n "\„ ,.~r1; 0f each Court.
view in a conspicuous part or ea , by the Chief Commissioner, a n d saassassRasasasstamw subordinate thereto, «*«*** and for the purposes of J S S at the District Judge. ^ ^ g ^ ^ b y the service and. execs*"*1* t h e B w » i v = "•**""% 7 subordinate to him
24. Repealed.
CHAPTER V O F m$ MODE OF LEVYING FEES O F THE ivioujs, ^ ~ ~ . ~ ~ , B S V 1 f e e s referred to in section 3 or cha rge - B ? U a * L l r „ T S m a e t o h time direct.
cial uazes.Lt: * i -»«vn" accounts of stamps-
(b) the n u r a b a ot stamp*. w All such rules snau u- y have the force of law. document which ought to bear a stamp unctei un* - £ S c a m p e d . e QT i n a d v e r t e n c e ^ f i H 1 But if any such a j ^ & g S S w © * ^ g ^ ¥ f f S p g * g Judicial Commissioner foManiPsta,mpe ^,g^, and t h e r e t o s h a l l http://uazes.Lt 514 ^SLS^******, J M * * f t « - afam„. „.T ,0 ™"" ' W ^ " ^ ^ « i o n .
tne parties, if chaii m ? s * a ] « and t burnt or otherwise
31. Repealed.
32. Repealed.
CHAPTER VI MISCELLANEOUS
33. Admission in rrfminai „ been p a i d _ ^ £ " l a m i a l C a s e s oi documents f«r ^ ~
34. Sale of s t a m p s — m T h 0 •*- eX-nibition.
» B ^ ft. W f f l ' - » * • ft the O t e « O d e t t e , M d 5 h a l l , _
35. Power to reduce or r e m i t m. „ ' W " h b o t l * ^WgS&'Sgfsw »«, from ̂ the First and Second <&£*&* ?f M a n * P u r all or anv nf t ? ' *5 t h e w h o ^ or in •cancel or ^T^J$***" t o 8 * Act annexed ln°I & f e g ^ i o n e d in J in nice manner s?hMlllrtU°n??°' "-• San. svss*v?—*— E d i t i o n t 0 J fe-^l C o m m i s s i o n e r g g MSanipur e i? e a SnoSedh g * , " ^ ?*
SCHEDULE I Ad valorem fees I. Plaint written state ment pleadmg a set-off or t f ^ * or memo randum of appeal (not other- 1 S rfr0V^ed f ° r in S ^ c t ) or of cross-obje ction Presented to any C ivil » -Revenue Court except hose mentioned in Sec 3 Proper fee Wnen the amount or value of the subject-matter in dispute does not exceed one hundred rupees Sue s'ach amount or Fifty naye paise.
and SEC. 3(01 THE GAZETTE OF INDIA EXTRAORDINARY !
1̂ tffett ex- One rupee and seventy five naye rupees up to one hundred and fifty rupees, " ' *5 and One rupee and twenty nayc paisc.
Seven rupees and fifty naye ptiflT When such amount or value exceed, one tan^^ftjg rupees, for e v ^ y t c n r u P e e s or part thereof u p to one thousand rupees, and When such amount or value ex c e l s one Thousand rupe«» for every one hundred rupees, 5 " a r t ' t h e r e o f , in excess of one thousand rupees, u p to seven thousand five hundred rupees, and When such amount or value Fifteen rupees exceeds seven thousand five rupees, u p to leu thousand rupees, and When such amount or value exceeds ten thousand rupees for every five hundred rupees, o r ' p a r t W r o f , in excess of ten thousand rupees up to twenty thousand rupees, and • M * JSSf SWg ^ " , * S S u 0° "HOW thou.and S p e e s , upto fifty thousand rupees, i ,. TWrv- seven rupees and fifty When such amount or v a l u j M J Tf imy i i j » reeds fifty thousand rupees, <w L every five thousand rupees or part thereof, m excess oi fifty thousand rupees 1
Provided tha t the maximum fee l i a b l e on a plaint or memo randum of appeal shall not exceed ten thousand rupees.
Twenty two rupees and fifty naye naise.
Want in a suit for posses- •3ion under the Spec.fic Relief Act , 1877 « c u o n 9- A fee Of one half the amoun A prescribed in" the foregoing scale.
Number Proper Fee \r 4- Application for of judgment, if presen ted on or after tile ainettet& dav from the date of the decree.
5- Application for review of judgment, if presented oetore the ninetieth day irom the date of the decree.
The fee leviable on the p&inr or memorandum of appeal.
One-half of the fee leviable of mm*** °X m e m o r a n d ™ i on it .
6. Copy or translation of a judgment or order not osmg or having the force of, decree.
'o rupees.
Four rupees.
7- Copy of a decree or order having the force or a decree.
When such judgment or order is passed by any Civil Court other then the Court of the Judicial or by the presidmg «ffie c | of an* Revenue Court or Office or by any other Judicial or iuecut ive Authority.
(alhl ith-*™onnt or value of One TUD- the subject matter is fftv P or less than fifty rupees.
(b) If such amount or value ex ceeds fifty rupees.
When such judgment or order IS passed by the Court of th- Judicial Commissioner far Man i pur.
When such decree or order is made by any Q V J I Court other than tiie Court of the Judicial Commissioner for Manipur, Or by any Revenue Court— "
(a) If the amount or value of the subject matter of the suit where in such decree or order is made is fifty 0 r I e s s A fify rupees. y
(fi) If such amount or value exceeds fifty rupees.
WtS H S1lCh ^Cree 0r 0 * d « ^ made by the Court of the juaiciai Commissioner for Marupur.
* - Two rupees.
Three rupees.
I I j Seven pais;
rupees and fifty naye S. Copy of any document r,i\ w u „ -i liable to stamp dutv under a h u " 2 " 3 C £ K n p * » ? < * « B * die Indian Stamp "Act £ £ j S * ' ° n = i a : a l d o " ™ t iS99= when left by anv C^TltS*^^*' party to a suit or proceed- } " y 0 t h e r c a s e - mg m place of the origi nal withdrawn.
9 ' i ScL 0 f ^ S ? | l % S % t f e £ 3 * & - d .Onerup.
order net o&erw&e pro- £IS!S™ ?*»««« of three P vided for by this Act, or h u n d r e d ™ sixty words.
copy of any account, Statement, report or the like, taken out of any CIVJI or Criminal or r evenue Court or office The amount of die duty chargea t ) l eon theor ig ina I I l6 f iS99 One rupee.
i SEC. 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY 517 Number Proper fee or from the office of any chief officer charged with the executive adminis tration of a Division.
11. Probate of a will or letters of administration with or without will annexed.
Two per centum.
J 1 Three per centum.
Four per centum.
Five per centum.
When the amount or value of the property in respect of which the grant of probate or letters is made exceeds one thousand rupees, on such amount or value up to ten thousand rupees. - and When such amount or value exceeds ten thousand rupees on the portion of such amount or value which is in excess of ten thousand rupees up to fifty thousand rupees, and When such amount or value exceeds fifty thousand rupees on the portion of such amount of value which is in excess of fifty thousand rupees, up to a lakh of rupees, and When such amount or value exceeds a lakh of rupees on the portion of such amount or value which is in excess of a lakh of rupees up to two lakhs and fifty thousand rupees, and When such amount or value Five and a half per centum, exceeds two lakhs and fifty thousand rupees, on the por tion of such amount or value which is in excess of two lakhs and fifty thousand rupees up to three lakhs of rupees, and When such amount or value Six per centum, exceeds three lakhs of rupees, on the portion of such amount or value which is in excess of three lakhs of rupees up to four lakhs of rupees, and When such amount or value Six and a half per centum.
exceeds four lakhs of rupees, on the portion of such amount or value which is in excess of four lakhs of rupees up to five lakhs of rupees, and When such amount or value Seven per centum.
exceeds five lakhs of rupees, on the portion of such amount or value which is in excess of five lakhs of rupees.
[ m 5i8 Number THE GAZETTE OF INDIA EXTRAORDINARY [PART H— Proper fee —̂ ^i^
12. Certificate under the ndianSuccessionAct, 1925.
Provided that when, after the grant of a certificate under the Indian Succession Act, 1925 or under the Regulation of the Bombay Code, No. VIII of 1827^ in respect of any property included in an estate, a grant of probate or letters of administration is made in respect of the same estate^ the fee payable in respect of the latter grant shall be reduced by the amount of the fee paid in respect of the former grant.
When the amount or value of any debt or security specified in the certificate under section 374 of the Act exceeds one thousand rupees, and When the aggregate amount or value of any debtsi or securi ties specified in the certificate and of any debts or securities to which the certificate has been extended under section 376 of the Act exceeds one thousand rupees.
* * j 1 Two per centum on the first ten thousand rupeeSj three per centum on the next forty thousand rupees, four per cen tum on the next fifty thousand rupee s3 five per centum on the next one lakh and fifty thousand rupees, five and a half per centum on the next fifty thousand rupees, six per centum on the next one lakh of rupees, six and a half per centum on the next one lakh of rupees, and seven per centum on the re mainder of such anWunt or value.
In respect of such portion of the aggregate amount or value as consists of the amount or of debts or securities so speci fied, the fee hereinbefore pro vided in that behalf in this article;, and three per centum on such por tion of the first ten thousand rupees, four and a half per centum on such portion of the next forty thousand rupees, six per centum on such portion of the next fifty thousand rupees, seven and a half per centum on such por tion of the next one lakh and fifty thousand rupees, eight and a quarter per centuin on such portion of the neSt-fifty thousand rupees, nine per cen tum on such portion of the next one lakh of rupees, nine and three-quarters per cen tum on such portion of the next one lakh of rupees, -<?
and SEC 3(i)] THE GAZETTE OF INDL* EXTRAORDINARY Number Proper fee.
:
ten and a half per centum on such portion of the. remainder of such aggregate amount or value asconsistsof the amount or value of debts or securities to which the certificate has been extended.
NOTE.—(i) The amount of a debt is its amount, including in terest on the day on which the inclusion of the debt in the certificate is applied for so far as such amount, can be ascer tained.
(2) Whether or not any power •with respect to a security speci fied in a certificate has been conferred under the Act and where such a power has been so conferred, whether the power is for the receiving of interest or dividends on, or for the negotiation or trans fer of the security, or for both purposes, the value of the security is its market value on the day in which the inclu sion of security in the certificate is ap;
so far as such value can be asecrtained.
TABLE OF RATES OF AD VALOREM FEES LEVIABLE ON THE INSTITUTION OF SUITS [See Section 4 of the Assam Court-Fees (Amendment) Act, 1953.]
When the amount or value of the subjet matter exceeds But does not exceed Proper fee CD (.2) C3) Rs. Rs.
5 JO t$ 2 0 2 5 30 35 •f'"1 45 50 i 5 10 15 2 0 25 3 0 35 40 45 50 55 60 65 Rs. Np.
5o 0 0 •50 0 0 •50 0 0 •50 0 0 •50 •00 • 5 0 • 0 0 50 THE GAZETTE OF INDIA EXTRAORDINARY [PART II- • 0) Rs.
[65 70 85 90 '95 100 n o 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 310 320 330 34° 350 360 370 380 390 400 410 420 430 440 450 460 470 480 490 500 510 520 530 540 550 560 570 5S0 590 600 610 620 630 640 650 660 670 6S0 690
(2) Rs.
70 75 So 85 90 95 roo n o 120 130 15c 160 170 180 190 200 210 Z20 230 24O 2S0 26O 290 300 310 320 330 340 350 360 370 3SO 390 400 4IO 420 430 44O 450 490 500 5IO 530 530 540 550 590 60O 6lO 620 630 640 65O 660 67O 680 69O 70O C3) Rs.
7-00 7-50 8-00 8-05 9-00 9-50 10 00 n - 7 5 13 '50 15-25 17-00 18-75 19-95 21-15 22-35 23-55 24-75 25-95 27-15 28-35 29-55 30'75 31'95 33-15 34-35 35-55 36-75 37-95 39-15 40-35 41-55 42-75 43-95 45-15 46-35 47-55 48-75 49-95 51-15 5^-35 '53" 55 54-75 55 57 SS 59 60 61 63 64 65 66 67 69 70 7i 72 73 75 76 77 7?
79 81 S2 83 95 15 35 55 75 95 15 35 55 75 95 15 35 55 75 95 15 35 55 75 95 15 35 55 " 84-75 SEC 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY 7 6 0 CO (2) (35 RS- Rg.
*3° 840 ^4° 850 •̂ 5° 860 I , I O O 1,200 Rs. Np.
7°° 710 85-95 £ n 7 3 ° 88-35 730 7 4 0 g . . | | 750 760 j g . g 77? 93•15 94'35 770 780 730 7 9 0 9 5 . 5 790 800 S - S 8 ro 820 g.ff 820 33o jg.S 101-55 102•75 8 6 0 870 S.« S70 S80 [oil5, 8S0 89o 5S?"If 890 900 106-75 9O0 910 I C 9 . 9 5 910 920 i/j.% 9 2 ° 930 112-35 93S 940 113-55 950 960 I I 5 . ^ 960 9 7 0 117- f s 970 980 i i S - 3 5 990 r,0 0o i a g . ? | 1,000 r3ioo I 2 S - 4 5 !35 '75 1,200 I ) 3 0 0 ^ g . . a J*3°o 1,400 I 5 0 . 7 5 M o o I j 5 0 0 158-25 **™ 1,700 gf.Jj 1,700 I J S O O j g . ^ i ,»oo 1,900 1 8 8 2 5 ^ 9 ° ° 3,000 ios-7*.
3*^ *#£ *5-3 210-75 2,IOO 2=2O0 2,200 2 ; J 3 0 0 2IS-2J- 2 ' 3 ° ° 2,400 225-75 2,400 z 3 5 0 o ^ ' « 2,500 2,6oo 2 ! ! I 2,600 2 J 7 OO m>Ll 3,700 2,800 ***-Ti 2,800 2i900 JJf,If 2,900 3,000 g ' 3,100 3 j 2 0 o ^ > 3>2°° 3,3oo agj.g 3,300 3 l 4 0 O , 0 ^ . ? ^ 3^400 3 J 5 0 0 3 3 0 g 7 | 3,6oo 3 3 7 0 0 I 5 75 3,700 3,800 v t o 7 * 3^00 3,90O H%H 4,ooo 4 i I O O | * | 7 | I ' 1 0 0 4,200 §§£*§ Hoo 4 J 3 ° ° 368.25 4 ' 4 °° 4,5oo g*g 521 T H E GAZETTE OF INDIA EXTRAORDINARY LCD.
Rs.
4,500 4 j 600 4,700 4,800 4,900 5,000 5,100 5,200 5,300 5)400 5,500 5,600 5>7O0 5,800 5,900 6 j 000 6,100 6,200 6,300 6,400 6,500 6,600 6,700 6,Soo '6,900 7,000 7, ioo 7,200
7.300 7,400 7,5°° 7,750 8,000 8,250 8,500 3)75o 9,000 9,250 9)500 9 J 7 5 O 10,000 10,500 ir,ooo 11,500 12,000 12,500 13,000 13,500 14,000 14,500 15,000 15,500 163OO0 16*500 17,000 17,500.
T8,OOO 18,500 19,000 19,500 20,000 21,000 22,000 23,000 C2> [PART II—
(3) -•*& R s .
4,600 4,700 4,800 4,900 5,000 5,I0O 5:200 5,300 5,400 5,500 5,600 5,700 5,Soo 5,900 6,000 6,100 6,20O 6,300 6,400 6,500 6,600 6,700 6,800 6,900 7,000 7100 7,200 7)300 7,400 7,500 7,750 8,000 8,250 8,500 8,750 9,000 9,250 9,500 9,750 10 ,00c 10,500 r 1,000 11 ,500 I2j0r>0 I2,50C 13,000 13,500 14,000 14,500 I5,opo
15.500 16,000 16,500 17,000 17) 5O0 18,000 18,500 19,000 19,500 20,000 21,000 22,000 23,000 24,00O Rs . N p
390.75 39S-25 405-75
413.25
420.75
428.25 4 3 5 7 5
443.25
45o.75 458:25
465.75
473.25
480.75
488.25 495-75 503-25
510.75
518.25
525.75
533.25
540.75
548.25 555-75 563-25
570.75
578.25
535.75
593.25
600.75 608,25 623,25 6S&25 6 5 3 ^ 5
668.25
683.25
69S.25 713-25
728.25 743-25
758.25 780,75
803.25
825.75
848.25
870.75
893.25 915-75
938.25 960,75
983.25 1,005.75 1,028.25 1,050.75 1)073.25 1)095-75 1,118^5 1,140.75 1,163.25 r , i85-75 1,208,25 1)238.25 1,268.25 1,298.25 1,328.25 SEC. 3(i}] THE GAZETTE OF INDIA EXTRAORDINARY (I) (2) (3) Rs. Rs. Rs. Np.
2 4 , 0 0 0 2 5 , 0 0 0 2 6 , 0 0 0 2 7 , 0 0 0 2 S J O O O 2 9 , 0 0 0 3 0 , 0 0 0 3 1 , 0 0 0 3 2 , 0 0 0 3 3 , 0 0 0 3 4 0 0 0 3 5 ,000 3 6 , 0 0 0 3 7 , 0 0 0 3 8 , 0 0 0 39 ,000 4 0 , 0 0 0 41 ,000 4 2 , 0 0 0 43^000 4 4 , 0 0 0 4 5 , 0 0 0 4 6 , 0 0 0 4 7 , 0 0 0 4 8 , 0 0 0 4 9 , 0 0 0 50 ,000 55 ,000 6 0 , 0 0 0 6 5 , 0 0 0 70 ,000 7 5 , 0 0 0 80 ,000 85 ,000 90 ,000 9 5 , 0 0 0 1,00,000 1,05,000 1,10,000 1,15,000 113203000 1,25,000 1,30,000 J J 3 5,000 1,40,000 1,45,000 1,50,000 l , 5 5 , o o o 1,60,000 1,65,000 1,70,000 1,75,000 T, 8 0,0OO 1,85,000 1,90,000 r , 9 5>ooo 2 , 0 0 , 0 0 0 2 5 , 0 0 0 2 6 , 0 0 0 2 7 , 0 0 0 2 8 , 0 0 0 2 9 , 0 0 0 3 0 , 0 0 0 3 1 , 0 0 0 3 2 , 0 0 0 3 3 , 0 0 0 3 4 , 0 0 0 3 5 , 0 0 0 3 6 , 0 0 0 3 7 , 0 0 0 3 8 , 0 0 0 3 9 , 0 0 0 4 0 , 0 0 0 4 1 , 0 0 0 4 3 , 0 0 0 4 3 J O 0 O 4 4 , o p o 4 5 , 0 0 0 46 ,000 4 7 , 0 0 0 4 8 , 0 0 0 4 9 , 0 0 0 50 ,000 5 5 , 0 0 0 6 0 , 0 0 0 6 5 , 0 0 0 7 0 , 0 0 0 75 :000 80 ,000 85 ,000 90 ,000 9 5 , 0 0 0 1,00,000 1,05,000 1,10,000 1,15,000 1,20,000 1,25,000 1,30,000 r,35,ooo 1,40,000 1,45,000 1,50,000 1,55,000 1,60,000 1,65,000 1,70,000 1:75,000 1 j8 0 ,000 1,85,000 1,90,000 i ,95^ooo 2 , 0 0 , 0 0 0 2 , 0 5 , 0 0 0 ' 1 , 3 5 8 . 2 5
1.388.25 1 .418.25 f I>448 .25 . 1 .478.25 1 ,508 .25 1 ,538.25 1 ,568 .25 1 ,59s . 2 5 1 ,628.25 1 ,658 .25 1 ,688.25 1 ,718.25 1,748.25 1,778.25 1,808.25 7 ,838 .25 1,868.25 I3S98.25 1,928.25 1,958.25 1,988.25 2 ,018 .25 2 ,048 .25 2 ,078 .25 2 , IO8.25 2 ,145-75 2 ,183 .25 2 ,220 .75 2 ,258 .25 2 ,295 .75 2 ,333 .25 2 ,370 .75 2 ,408.25 2 ,445 .75 2 ,483 .25 2 ,520 .75 2 ,558 .25 2 ,595-75 2 ,633.25 2 , 6 7 0 . 7 5 2 ,708 .25 2 ,745-75 2 ,783-25 2 , 8 2 0 - 7 5 2 , 8 5 8 - 2 5 2 , 8 9 5 ' 7 5 2 , 9 3 3 ' 2 5 2 , 9 7 o - 7 5 3,008 • 2 5 3 ,045*75 3 , 0 8 3 - 2 5 3 , 1 2 0 - 7 5 3 , I 5 8 ' 2 5 3 , 1 9 5 - 7 5 3 , 2 3 3 - 2 5 3 , 2 7 0 - 7 5 523 524 T H E GAZETTE OF INDIA EXTRAORDINARY [PART H— and the fee increases at the rate of thrity-seven rupees fifty n aye paise for every five Thou s an.
o r par t thereof, up to a maximum fee of ten thousand rupees, for example— s™" pees When the amount or value of the subject-matter exceeds.
But does not exceed. Proper fee.
< i ) O) (3) E.s. Rs.
3,oo,ooo 4 , 0 0 , 0 0 0 5 ,00 ,000 6 , 0 0 , 0 0 0 7 ,00 ,000 8 , 0 0 , 0 0 0 9 , 0 0 , 0 0 0 1 0 , 0 0 , 0 0 0 1 1 , 0 0 , 0 0 0 11 ,05 ,000 Rs. n P .
3,983 -25 4,733-25 53483-25 ;' 6,233 6,983 7;733 8,483 ! 9:233 1 9,983 I0,O20 2 5 2 5 - 25 2 5 25 25 75
SCHEDULE I I Fixed Fees Number . Proper fee.
X. Application or petj- (a) When presented to any t ion officer of the Customs or Excise Depar tmen t or to any Magistrate by any person having dealings with the Government and when the subject-matter of such appli cation relates exclusively to these dealings j or when presented to any Mun i cipal Board or other local authority constituted under any Act f o r t h e t i m e beingin force for the conservancy or improvement of any place, if the application or petition relates solely to such conser vancy or improvement 3 Or when presented to any Civil Court other than a principal Civil Court of original juris diction, or to any Court of Small Causes established under section 5 of the Pro vincial Small Cause Courts Act, 1887, 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 then fifty rupees ] or • Fifty naye paise, s«c. s(i)] THE GAZETTE OF INDIA EXTRAORDINARY Number v r 525 Proper fee when presented to any Civil Criminal or Revenue Court or to any Board or executive officer for the puipose of obtaining a copy or transla tion 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. J
(ft) When presented to a Seven rupees and fifty naye paise.
Regional Transport Authority or State Transport Authority containing a prayer for peunits for Contract Carriage, Stage Carriage, Private Carrier or Public Carrier or for any other purpose.
(c) When containing a com plaint or charge of any offence other than an offence for which police officers may, under the Criminal Proce dure Code, arrest without warrant and presented to any Criminal Court; or When presented to a Civile Criminal or Revenue Court, or to a Collector, or any Re venue Officer havingjurisdiction equal Or subordinate to a Collector, or to any Magistrate in his executive capacity and not otherwise provided for by this Act ; or to deposit in Court revenue or rent ^ or for determination by a Court of the amount of compensa tion to be paid by a landlord to his tenant ; or In the case of a ccniplaint or chaTgeofar.cfTer.ee presented to a Criminal Ccurt for in the case of an application or peti tion psesented to any officer cf lend revenue by any person holding [emporariy settled land under direct engagement with Government and when the subject-matter cf the application or petition relate s exclusively to such engage ment One rupee and fiftynayc paise and in other u i t s one lupee.
.- When presented to a Collector.
or other officer making a c settlement of land revenue or to the Chief Commissioner relating to matters connect ed with the assessment of land or the ascertainment of rights hereto or interest therein, if presented previous to the final confirmation or such settlements 3 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 engage ment.
http://chaTgeofar.cfTer.ee THE GAZETTE OF INDIA EXTRAORDINARY [PAKT II— Number. Proper fee
(d) When presented to the Three rupees.
Chief Commissioner or other Chief Controlling Revenue or Executive Authority, or to a Commissioner of Revenue orCircuit or toanychief offic er charged with the executive administration of a Division and not otherwise provided for by this Act.
'(e) When presented to the Court of the Judicial Commissioner for Manipur.
Six rupees.
(f) Where presented to any officer Seven rupees and fifty naye containing prayer for settle- paise.
ment of fishery, ferry,forest produce, forest mahals, ele phant mahals for an offer giving terms for acceptance of Government for any cons truction or an application fCr a permic or licence to deal in controlled commodities.
(g) When presentedtoanappropriate Revenue Authority for demarcation sf land—
(i) when the area of such Two rupees.
land does not exceed two and a half acres ; % _
(ii) for each subsequent area One rupee.
of two and a half acres or part thereof.
5 A Applications any Civil When the Court grants the * Court that records may application and is of opinion be called for from that the transmission of such another Court. records involves the post.
.2. Application for leave to sue as a pauper.
One rupee and fifty naye paise in addition to any fee levied on the applicationunderclause (a), the use of clause (c) or clause (e) of article I of this Schedule.
One rupee,] 3 . Application for leave (a) When presented to a District Two rupees.
to appeal as a pauper. Court.
(lb) When psescnted to a Com- Three rupees.
missioner or the Court of the Judicial Commissioner for Manipur.
•4* . Plaint or memorandum ^ of appeal in a suit to I establish or disprove a > right of occupancy.1 ;
J One rupee.
SEC. 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY Number ...
527 Proper fee Bail bond or otherinstrument of obligation given in pursuance of an order made by a Court Or Magi srate under any section of the Code of Criminal Pro cedure, 1S98, (Act V of 1898), or the Code of Civil Procedure^ 1908 (Act V of 190B), and not otherwise provided for by this Act.
. Undertaking under sec tion 49 of the Indian Divorce Act, 1S69, (Act IV of 1869.)
10. Mukhurnama or Waka- When presented for the conlatnama. ! duct of any one case—
11. Memorandum of appeal when the appeal i: not from a decree or an order having the force of a decree, and is presented.
(<z) to any Civil or Criminal One rupee.
Court other than the Court of the Judicial Com missioner for Manipurj Or to any Revenue Court, Or to any Collector cr Magistrate, or other executive officer, except such as are mentioned in clauses (b) and (c) of this Number % (&) to a Commissioner of Re- Two rupees and fifty nayc paise.
venue. Circuit or Customs or to any officer charged with the executive administration of a Division, not being the Chief Revenue or Executive Authority 1
(c) to the Court of the Judicial Five rupees.
Commissioner for Manipur, Chief Commissioner, Or Other Chief Controlling Revenue or Executive Authority, or an appellate authority \ prescribed under the Motor Vehicles Act, 1939, (Act IV of 19 39)J °r to an appellate authority prescribed under the Assam Sales Tax Act, 1947 (Assam Act XVII of 1947) as in force in the Union territory of Manipur.
(a) to any Civil Court other Three rupees.
than the Court of the Judicial Commissioner for Manipur, or to any Revenue Court or Executive Officer other than the Court of the Judicial Commissioner for Manipur3 or Chief Controlling Revenue or Executive Authority except an authority specified in clause 5 2 8 T H E GAZETTE OF INDIA EXTRAORDINARY Number (PAW II— . " Proper fee 1 2 .
13- M-
15.
16.
Caveat.
* * *# : ! :•.:
* * * 4 4 4 4 li * * * * * * 4 4 V * ( i ) to the Excise Commissioner Fifteen rupees.
under rule 334 of t h e M a n i - pur Excise Rules,, 1963 ^
(c) to the Court of the Judicial Ten rupees.
Commissioner for M a n i p u r or Chief Commissioner, or other Chief Controlling Exe cutive for Revenue Authority except an authority specified in clause (d);
(d) to the Excise Commissioner Fifty rupees.
under rule335of the Manipur Excise Rules, 1963 ;
O) to the Court of the Judicial Fifteen rupees.
Commissioner for Man ipu r in miscellaneous revenue mat ters except ( / ) below or to an appellate authority prescribed under the Motor Vehicles Act, 1939 (Act IV of 1939); and GO the Court of the Judicial Commissioner for Man ipu r in appeal and revision mat ters arising out of settlement of fisheries— CO when bid money is below Fifteen rupees.
t en thousand rupees j
(ii) when bid money is above Twenty five rupees.
ten thousand rupees but i s below twenty thousand r u p e e s ;
{iii} whenbidmoneyisabove Thir ty rupees.
twenty thousand rupees.
— Ten rupees,
17. Plaint or memoran dum of appeal in each of tire following suits:— (0 to alter or set aside a summary de cision Or order Of any of the Civil Courts not estab lished by Letters Patent Or of any Revenue Court:
(ii) to alter or cancel any entry in a re gister of the names of proprietors of revenue-paying es tates ;
(iii) to obtain a de claratory decree where no conse quential relief is prayed :
I Fifteen rupees.
Twenty rupees, SEC 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY Number Proper Fifteen rupees.fl Twenty rupees.
Fifteen rupees.
(iv) to set aside an award i
(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 disputej and whichisnot other wise provided for by this Act.
IS. Application under sec- When presented toaMunsiff 's Fifeen rupees tion 14 or section 20 of Court.
the Indian Arbitration Act, 1940 (Act X of I940)j for a direc tion for riling an award or for an order for filing an agreement.
When presented Court.
to anyother Fifty rupees.
19- Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure, 190S (Act V of I90S).
20. Every petition under the Indian Divorce Act, 1869 (Act IV of iS69), except peti tions under section 44 of the same Act, and "very memorandum of ppeal under section 55 °f the same Act.
Fifteen rupees.
Twenty rupees.
**
SCHEDULE HI (See section 19 I) FORM OF VALUATION (TO BE USED WITHJUCH MODIFICATIONS, IF ANY, AS MAY BE NECESSARY) IN THE COURT OF RE Probate of the Will 0/ Property and credits of ,(or administration of the,) , deceased.
Solemnly affirm make oath .and say that I am v he executor (or one of the executors or one of the next-of-kin) of deceased, and that I have truly set forth in Annexure A to this affidavit all the property an-i* credits of which the above named deceased died possessed or was entitled to at the time of his dearh and which have come, or are likely to come, to my hands. a
3. I further say that I have also truly set forth in Annexure B all the items I am by law allowed deduct.
530 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I -
3. I further say that the said assets, exclusive only of such last-mentioned items, but. Jbaŝ ve of all rents, interest, dividends and increased values since the date of the death of the said Jffifceased,.
are under the value of ANNEXURE A Rs. nP.
Valuation of the moveable and immoveable property of ^deceased Cash in the house and at the banks, household goods> wearing-apparel, books, plate, jewels, etc. . . . . . . . . . . .
(State estimated value according to best of Executor's or Administrator's belief) Property in Government securities transferable at the Public Debt Office. .
(State description and value at the price of the day: also the interest separately, calculating it to the time of making the application). . . . . . . .
Immoveable property consisting of (State description, giving, in thecase of houses, ike assessed value, if any, and the number, of years' assessment the market-value is estimated at, and, in the case of land, the area, the market-value and all re/us that have accrued.) . . . .
Leasehold property * . . * . . . .
(// the deceased held any leases for years, determinable, state the number of years' pur chase the profit rents are estimated to be worth and the value of such, inserting separately arrears due at the date of death and all rents received or due since that date to the time of making the application.) . . . . . .
Property in public companies . . . . . . . . .
(State the particulars and the value calculated at the price of the day ; also the interestseparately, calculating it to the time of making the application.)
Policy of insurance upon life, money out on mortgage and other securities, such as bonds, mortgages, bills, notes and other securities for money. .
(State the amoimt of the tohole, also the interest separately, calculating it to the time of making the application) . . . . . . . . . .
Book debts (Other than bad.) s Stock in trade . . . . . . . . . . . .
(State the estimated value, if any.)
Other property not comprised under the foregoing heads. . . . .
(State the estimated value, if any.)
TOTAL Deduci amount shown in Annexure B not subject to duty NET TOTAL ANNEXURE B Schedule of debts etc. Rs. NP Amount of debts due and owing from the deceased, payable by law out of the estate. . . . . . . . . . . . . .
Amount of funeral expenses . . . . . . . . . .
Amount of mortgage incumbrances . . . . , . . . ..'-W " Property held in trust not beneficially or with general power to confer a beneficial interest. . . . . . . . . . . . .
Other property not subject to duty. .
T O T A L [No F. 5/11/61-Judl. I I -UTLSi .