Extension of the Court Fees Act, 1870 to Tripura

SEC. 3(i)] THE GAZETTE OF INDIA EXTiyfC^MNlRY | 53 f ;•"" ̂ Js.S,R. 1120.—In exercise of the powers conferred by section .2- of the Unionterritories (Laws) Act, 1950 (30 of 1950), the Central Government extends, with effect from the 15th day of July 1963, to the Union terr i tory of Tripura, the Court Fees Act, 1870 (7 of 1870),- as at present in force in the State of Assam, subject t o the following modifications, namely:—• Mod ideations

1. Throughout the Act, for the expression "the High Court" or "a High Court", the expression "the Court of the Judicial Commissioner for Tripura", for the words "the Appropriate Government", the words "the Central Government" and for thewqrd's " the State Government", the words : ' the Chief Commissioner'?, shall b e substituted.

2. In section 1, for the second and third sentences, the following shall besubstituted, namely: — "It extends to the whole of the Union territory of Tripura.

It shall come into force on the 15th day of July, 1963."

3. For section 1A, the following section shall be substituted, namely j — "1A, Definitions.—In this Act,—

(a) 'Chief Commissioner' means the Chief Commissioner of the Union:

terri tory of Tripura; and

(b) 'Official Gazette' means the Tripura Gazette."

4. (a) In Chapter II, for the heading, the following shall be substituted.

namely: — "Fees in the Judicial Commissioner's Court."; (b) for section 3, the follow­ ing section shall be substituted, namely: — "3 . Levy of fees in Judicial Commissioner's Court.—The fees payable for thetime being to the clerks and Officers of the Court of the Judicial Com­ missioner for Tripura or chargeable in that Court under 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 appearing."

5. In section 4,—

(i) in paragraph 1, for the words "any of the said High Courts", the words "the Court of the Judicial Commissioner for Tripura" shall hesubstituted;

(ii) paragraph 3 shall be omitted

6. In section 5,—

(i) in paragraph 1, for the words "in any of the said High Courts'^ the words "in the Court of the Judicial Commissioner for Tripura" 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,

1. In section 6, for the words "Except in the Courts hereinbefore mentioned", the words "Except in the Court of the- Judicial Commissioner for Tripura" shall be­ st. bstituted.

3, In section 7, the proviso occurring .after clause (d) of paragraph (v) shall be omitted.

9. In section 13, for the words and figures "on any of the grounds mentioned in the Code of Civil Procedure, is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in section 351 of the same „ Code", thewords and figures "on any of the grounds mentioned in the Code of Civil" Procedure, 1908, is ordered to be received, or if a suit Is remanded in appeal under Order XLI,.

rule 23, of the First Schedule to that Code" shall be substituted.

( ^532 T H E GAZETTE OF INDIA EXTRAORDINARY [PART I I - I 10. In section 17, in paragraph 2, for the words and figures "by the Code of &•* /Civil Procedure, section 9", the words and figures "by Order II, rule 6. of the I &tj Schedule to the Code of Civil Procedure, 1908" shall be substituted. ^

11. In section 19,—

(i) clauses (v) , (vi) and (vii) shall be omitted;

(ii) in clause (viii), for the words and figures "Probate of a will, letters of administration, and save as regards debts and securities, a certificate under Bombay Regulation VIII of 1827", the words "Probate of a will and letters of administration" shall be substituted and the words "or certificate" shall be omitted;

(iiD in clause (xvi), the words "or to or before the Heads of Villages or the Village Police in the territories respectively subject to the Governor in Council of Madras and Bombay" shall be omitted;

(iv) in clause fxxi), the words and figures "the Chaukidari assessment under Act No. 20 of 1856, or against" shall be omitted;

(v) clauses (xxiii) and (xjdv) shall be omitted.

12. In section 19-H,—

(i) in sub-section (2), for the words "the High Court" in the first place where they occur, the words "that court" shall be substituted, and the words "for the local area in which the High Court is situated" shall be omitted;

{•115 in the proviso to sub-section (4), for the words and figures "required by section 277 of the Indian Succession Act. 1865 or as the case may be, by section 98 of the Probate and Administration Act, 1881", the words and figures "required by section 317 of the Indian Succession Act, 1925" shall be substituted.

13. In section 22, for the third paragraph, the following shall be substituted, namely: — "and for the purposes of this section, every Court of Small Causes established under .section 5 of the Provincial Small Cause Courts Act, 1887. shall be deemed to be subordinate to the court of the District judge ."

14. In section 27, in the proviso, for the words "Chief Justice 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 substituted.

16. In section 35, for the words "the territories under its administration", the words "the Union territory of Tripura" shall be substituted.

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.

18. In Schedule I, Articles 12A and 13 and the entries relating thereto shall be omitted.

19. In Schedule, II —

(i) in Article 1,—

(a) in clause (a), in paragraph 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 1868, 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 substituted;

(b) in clause (c), in paragraph 4, for the words "a Board of Revenue or a Commissioner of Revenue", the words "the Chief Commissionesp" shall be substituted; - - -̂ K

(c) in clause (d), for the words "a Chief Commissioner", the words "the Chief Commissioner" shall be substituted;

(d) in clause (g), for the words "one hectare" wherever they occur, the words "three acres" shall be substituted;

<li) in Article 10, in clause (c), the words "Board of Revenue" shall be omitted and the words "as -in force in the Union territory of Tripura" shall be added at the end;

)̂ - Sec. 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY / T J f l €99 f l . S M J 533 ^ .(iii) in Article 11,— V / .(a) in clause (b), for the words and figures "under R u l e N i a - u / t h e Assam Excise Rules ' , the words and figure "under rule 5 of the Tr ipura Excise Rules" shall be substituted;

(b) in clause (d), for the words and figures "under Rule 341 of the Assam Excise Rules-", the words and figures "under rule 6 of the Tripura Excise Rules" shall be substituted;

(iv) Articles 13, 14 and 21 and the entries relating thereto shall be omitted.

ANNEXURE T H E COURT-PEES' ACT, 1870 AS EXTENDED TO THE UNION TERRITORY O F TRIPURA, (7 of 1870)

CHAPTER I PRELIMINARY

1. Short title.—This Act may be called the Court Fees' Act, 1870.

Exienl &£ Act.—It extends to the whole of the Union terr i tory of Tripura.

•Commencement of Act.—It shall come into force on the 15th day of July, 19S3.

11A. Definitions.—In this Act,— .fa) 'Chief Commissioner' means the Chief Commissioner of the Union terr i tory of Tripura;

(b) 'Official Gazette' means the Tripura Gazette.

:2. ["Chief Controlling Revenue-authority" defined,] Repealed.

CHAPTER II FEES I N THE JUDICIAL COMMISSIONER'S COURT

3. Levy of fees in tfndicial Cioininissioner's Court.—The fees payable for the" t ime being to the clerks and officers of the Court of the Judicial Commissioner for Tripura or chargeable in that Court under No. 11 of the First, and Nos. 7, 12 and 20 of the Second Schedule to this Act annexed shall he collected in the manner hereinafter appearing.

4. Fees on documents filed, etc., in Court of Judicial Commissioner in its- extra­ ordinary jurisdiction.—No document of any of the kinds specified in the First or Second Schedule to this Act annexed: as chargeable with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, the Court of the Judicial Commissioner for Tripura in any case coming before such Court in the exercise of its extraordinary original civil jurisdiction;

or in the exercise of its extraordinary original criminal jurisdiction;

* • * * * * * * •or in the exercise of its jurisdiction as regards' appeals from the Courts subject to its superintendence;

As Court of reference and revision.—Or in the exercise of its jurisdiction as a Court of reference or revision;

unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said schedules as the proper fee for such document.

5. Procedure in case of difference as to necessity or amount of fee.—When any difference arises between the officer whose duty it is to see that any fee is paid under this chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in the Court of the Judicial Commissioner for Tripura, be referred to the taxing-officer, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the Judicial Commissioner.

* * * * * * The Judicial Commissioner shall declare who shall be taxing-officer within thai meaning of the first paragraph of this section.

CHAPTER m ITEES I N OTHER COURTS AND IN PUBLIC OFFICES ^ ^

6. Fees on documents filed, etc., in Mofrassil Courts or in publie oEitces. Exnarali in the Court of the Judicial Commissioner for Tripura, no document of any of "the kinds specified as chargeable in the First or Second Schedule to this Act annexed Shall be filed, exhibited or recorded in any Court of Justice, or shall be received or furnished by any public officer, unless in respect of such document there b e paid a fee of an amount not less than that indicated by either of the said Schedule as the proper fee for such document.

7. Computation of fees payable in certain suits: for money.—The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:—

(i) In suits for money (including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodi­ cally)—-according to the amount claimed: •

(ii) For maintenance and annuities.—In suits for maintenance and annuit ies or other sums payable periodically—according to the value of t h e subject-matter of the suit, and such value shall be deemed to be tea times the amount claimed to be payable for one year:

(iiij For other moveable property having a market-valne.—In suits for move­ able property other than money, where the subject-matter has a marke t - value—according to such value at the date of presenting the plaint:

(iv) In suits—

(a) For movable property of no market-value.—For movable p roper ty where the subject-matter has no market-value, as, for instance, in the case of documents relating to title,

(b) To enforce a r ight to share in joint family property.—To enforce fbe right to share in any property on the ground that it is joint family property,

(c) For a declaratory decree and consequential relief.—To obtain a declaratory decree or order, where consequential relief is p rayed ,

(d) For an injunction.—To obtain an injunction,

(e) For easements.—For a right to some benefit (not herein o therwise provided for) to arise out of land, and

(i) For accounts.—For accounts—according to the amount at which t h e relief sought is valued in the plaint or memorandum of appeal.

In all such suits the plaintiff shall state the amount at which he values th.e relief sought:

(v) For possession of land bouses and gardens.—In suits for the possession Of land, houses and gardens—according to the value of the subject-niafiter;

and such value shall be deemed to be— where the subject-matter is land, and—

(a) where the land forms an entire estate, or a definite share of an estate , paying annual revenue to Government, or forms part of such an estate and is recorded in the Collector's register a s separately assessed with such revenue.

and such revenue is permanently settled— twenty times the revenue so payable;

(b) where the land forms an entire estate, or a definite share of sss estate, paying annual revenue t o Government, or forms p a r t of such estate and is recorded as aforesaid; -*.

and such revenue is settled, but not permanent ly— five times the revenue so payable;

(c) where the land pays no such revenue, or has been partially exempted from such payment, or is charged wi th any fixed payment in liesi of such revenue, .'

Sic, 3{i)] THE GAZETTE OF INDIA EXTRAORDINARY / [ \ > W 535 7- and nefefc profits have arisen from the land during t h V ^ e a r next before t h e date of presenting the p l a i n t - fifteen t imes such net t profits;

bu t "where no such net t profits have arisen therefrom—the amount at which the Court shall estimate t h e land wi th reference to the value of similar land in the neighbourhood;

*£

(d) whe re the land forms par t of an estate paying Tevenue to Govern-* merit, bu t is not a definite share of such estate and is not separately assessed as abovementioned—the market -value of the land;

JE $ :[[ # l i t ^

Explanation.—The word "estate", as used in this paragraph, means any land subject to the payment of revenue, for which the proprietor or a farmer or ryo t shall have executed a separate engagement to Government, or •which, in the absence of such engagement, shall have been separately assessed wi th revenue:

(e) For houses and gardens.—Where the subject-matter is a house or garden—according to the marke t -va lue of the house or garden;

,(vi) T o enforce a riglit of p r e - empi ion .^ In suits to enforce a r ight of pre­ emption—according to the ' value [computed in accordance with paragraph (v) of this section] of the land, house or garden in respect of which the r ight is claimed;

(vii) F o r interest of assignee of Isini-reveirae.—In suits for the interest of an assignee of land-revenue—fifteen times his net t profits as such for the year next before the date of present ing the plaint;

(viii) To set aside asa attachment.—In suits to set aside an a t tachment of l and or of an interest in land or revenue—according to the amount for which the land or interest was at tached;

Provided that , where such amount exceeds the value of the land or Interest, the amount of fee shall be computed as if the suit were for the possession of such land or interest ;

(ix) To redeem.—In suits against a mortgagee for the recovery of the p ro ­ per ty mortgaged, To foreclose.—And in suits by a mortgagee to foreclose the mortgage, or w h e r e t h e mortgage is made by conditional sale, to have the sale declared absolute— • .

according to the principal money expressed to be secured b y t h e ins t rument of mortgage;

(x) For specific performance.—In suits for specific performance—

(a) of a contract of sale—according to t h e amount of the consideration;

(b) of a contract of mortgage—according to the amount agreed t o be secured;

(c) of a contract of lease—according to the aggregate amount of the fine or premium (if any) and of! the ren t agreed to be paid during the first year of the te rm;

(d) of an award—according to the amount or value of the proper ty in dispute;

(xi) between landlord and tenant.—In the following suits between landlord and tenant : —

(a) for t h e delivery by a tenant of the counterpart of a leas:;,

(b) to enhance the rent of a tenant having a right of occupancy,

(c) for the delivery by a landlord of a lease,

(cc) for the recovery of immoveable property from a tenant, including a tenant holding over after the determination of a tenancy,

(d) to contest a notice of ejectment,

(e) to recover the occupancy of immoveable property from which a tenant has been illegally ejected by the landlord, and 53<5 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I - (£) for abatement of rent— according to the amount of the rent of the immoveable property to which "iW suit refers, payable for the year next before the date of presenting the plaint.

7A. Inquiry as to valuation of suits.—If the Court is of opinion that the subject!

mat te r of any suit has been wrongly valued, it may revise the valuation and deter­ mine the correct valuation, and may hold such inquiry as it thinks fit for such purpose.

7B. Investigation to ascertain proper valuation.—(1) For the purpose of an mquiry 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 party 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, not­ withstanding 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.

7C. Power of persons making- inquiry under sections 7A and TE.— (1) The Court, when making an inquiry under section 7A and any person making an investigation under section 7B shall have, respectively, for the ourposes of such inauiry or in­ vestigation, the powers vested in a Court under the Code of Civil Procedure, 1908, (Act V of 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 materials objects; and

(c) issuing commissions for the examination of witnesses.

(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 Penal Code. (Act XIV of 1860), rJ __ 7D, Costs of inquiry as to valuation and r e t o l d 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 party responsible for the under­ valuation to pay all or any par t 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 par ty 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.

8. Fee on memo ran dum 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 3113' Act for the time being m force for the acquisi­ tion of land for public purposes, shall be computed according to the difference bet­ ween the amount awarded and the amount- claimed by the appellant.

9. Power to ascertain nett profits or market-value.—If the Court sees 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 has been wrongly estimated, the Court may, for the purpose of computing the fee payable in 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 toJShe Court. -

10. Proeedare 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 marketvalue have or has been wrongly estimated, the Court, if the estimation has been excessive, may in its discretion refund the excess paid as such fee: but, if the estimation has been insufficient, the Court shall require the plaintiff to pay so much additional fee as> would have been payable had the said market-value or nett profits been rightly estimated, ffic 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY V j£

(ii) In such case—

(a) the suit shall be stayed until the additional tee is paid and if the addi­ tional fee is not paid within such time as the court shall fix, the suit shall be dismissed; and whether the additional fee is or is not paid,

(b) the court may, if it is of opinion that the estimation has been grossly insufficient, further order that the expenses of the commission, or such portion thereof as the court may think reasonable, be paid by the par ty in fault to the Government, and the order so made shall have the force and effect of a decree passed by the court.

(iii) Repealed.

11. Procedure in suits for mesne profits or account when amount decreed!

exceeds amount claimed.—In suits for mesne profits or for immoveable property and mesne profits, or for an account, if the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff valued the relief sought, the decree shall not be executed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount so decreed shall have been paid to the proper officer.

Where the amount of mesne profits is left to be ascertained in the course of the execution of the decree, if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be stayed unt i l the difference between the fee actually paid and the fee which would have been payable had the suit com­ prised the whole of the profits so ascertained is paid. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed.

12. Decision of questions as; to valuation.—(i) Every question relat ing to valua­ tion for the purpose of determining the amount of any fee chargeable unde r this chapter on a plaint or memorandum of appeal shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed, and such decision shalL be final as between the parties to the suit.

(ii) But whenever any such suit comes before a Court of appeal, reference or revision, if such Court considers that the said Question has been wrongly decided, to the detriment of the revenue, it shall require the party by whom such fee has been 'paid to pay so much additional fee as would have been payable had the ques­ tion been rightly decided, and the provisions of section 10, paragraph (ii), shall apply.

13. Refund of fee paid on memorandum of appeal.—If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the Code of Civil Procedure, 190S, is ordered to be received, or if a suit is remanded in appeal, under Order XLI , rule 23 of the First Schedule to that Code for a second decision by the lower Court, the Appellate Court shall grant to the appellant a certificate, authorizing him to receive back from the Collector the full amount of fee paid on the memorandum of appeal :

Provided tha t if, in the case of a remand in appeal, the order of r emand shall not cover the whole of the subject-matter of the suit, the certificate so granted shall not authorize the appellant to receive back more1 than so much fee as would have been originally payable on the par t or parts of such subject-matter in respect whereof the suit has been remanded.

14. Refund of fee on application for review of judgment .—Where an application for a review of judgment is presented on or after the ninetieth day from the date of the decree, the Court, unless the delay was caused by the applicant's laches, may, in its discretion, grant him a certificate authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee which would have been payable had it been presented before such day,

15. Refund where Court reverses or mollifies its former decision on ground of mistake.—Where an application for a review of judgment is admitted and where, Gn the iehearing, the Court reverses or modifies its former decision on t h e ^ r o u n d of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee payable on any other application' to such Court under the Second Schedule to this Act, No. 1, clause (b) or clause (d) .

But nothing in the former par t of this section shall entitle the applicant to such certificate where the reversal or modification is due, wholly or in part, to fresh evi­ dence which might have been produced at the original hearing.

16. [Additional fee where respondent takes objection to unappealed part of decree.'} Rep, by the Code of Civil Procedure, 1908 (Act 5 of 1908); s. 156 and Sch. V.

THE GAZETTE OF INDIA EXTRAORDINARY [PART II— %i

17. BSullifarfous salts,—-Where a suit embraces two or more distinct subjects, the plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees to which the plaints .or memoranda of appeal in suits embracing separately each of such subjects would be liable under this Act.

Nothing in the former part 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, 19 OS.

18. Written exacaiiiations of complainants.—When the first Gr only examination of a person who complains of the offence of wrongful confinement, or of wrongful restraint, or oi! 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 certain documents.—Nothing contained in this Act shall render the following documents chargeable with any fee:—•

(i) Power-of-attorney to institute or defend a suit when executed by a mem­ ber of any of the Armed Forces of the Union not in civil employment.

* ' '* * * *

(iii) Wri t ten statements called for by the Court after the first hearing of a suit.

(viii) Probate of a will and let ters of administration, where the amount or value of the property in respect of which the probate or let ters shall be granted does not exceed one thousand rupees.

st * * * * *

(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 oresented 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 enhance­ ment of rent. ' " —

(xiii) Written authority to an agent to distrain.

(xiv> First aoplication (other than a petition containing a criminal charge or information) for the summons of a witness or other person to attend 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 hi Court.

(xv) Bail-bonds in criminal eases, recognizances to prosecute or give evidence, and recognizances 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) Petition by a prisoner, or other person in duress or under restraint of any Court or its officers.

toiii) Complaint of a public servant (as defined in the Indian Penal Code (45 of I860), a municipal officer, or an, officer or servant ol a Railway Com­ pany.

(xix) Application for permission to cut timber in Government forests, or c n e r - wise relating to such forests.

(xx) Application for the payment of money due by Government tc the. appli­ cant.

(xxi) Petition of appeal against any municipal tax. " -A - fxxu) Applications for compensation under any law for the time being in force 1 ^ E l a t i n g to the acquisition of property for public purposes.

* * * * * *

CHAPTER IIIA PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMI j n STR ATIO S IQA Belief where too high a. court-fee has been paid.—Where any person on „ K&L *t thP. nmbate at a will or letters oi administration has estimated the prog g f o f & d ^ c e ^ to b e a o " greater value than the same has afterwards proved Sac. 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY 53 to be, and has consequently paid, too high a court-fee thereon, if within six months after the t rue value of the property has been ascertained, such person produces the probate Gr letters to the Chief Controlling Revenue Authority for the local a rea in which the probate or let ters has or have been granted, and delivers to such Authority a particular inventory and valuation of the pro­ per ty of the deceased, verified by affidavit or affirmation, and if such Authority is satisfied that a greater fee was paid on the probate or fetters 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) substi tute 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. Relief where debts due from a deceased person have been paid out of bis •estate.—-Whenever it is proved to the satisfaction of such Authority that an execu­ to r or administrator has paid debts due from the deceased to such an amount as, toeing deducted out of the amount or value of the estate, reduces the same to a sum which, if it had been the whole gross amount or value of the estate, would iiave occasioned a less court-fee to be paid on the probate or letters of administra­ tion granted in respect of such estate than has been actually paid thereon under this Act, such Authori ty may return the difference, provided the same be claimed within th ree 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 prevented faromicUiming the return of such difference within the said term of three years, the- •said Authority may allow such further time for making the claim as may appear to &e reasonable under the circumstances.

L9C. Relief i» case of several grants.—Whenever a grant of probate or letters of administration has been or is made in respect of the whole of the property belong­ ing to an estate, and the full fee chargeable under this Act has been or is paid thereon, no fee shall be chargeable under the samei Act when a like grant is made i n respect of the whole, or any par t of the same proper ty belonging to the same estate.

Whenever such a grant has been or is made in respect of any property forming p a r t of an estate, +he amount of fees then actually paid under this Act shall be deducted when a like grant is made in respect of property belonging to the same estate , identical with or including the property to which the former grant relates.

19D Probates declared valid as to trust-property though not covered by courtfee,—The probate of the will, or the letters of administration of the effects, of any person deceased heretofore or hereafter granted shall be deemed valid and available by his executors or administrators for recovering, transferring or assigning any moveable or immoveable property whereof or whereto the deceased was possessed or entitled, either wholly or partially as a trustee, notwithstanding the amount or va lue of such property is not included in the amount or value of the estate in res­ pect of which a court-fee was paid on such probate or letters- of administration.

" 1SE. Provision for case where too low a court-fee has1 been paid m probates, etc.

—"Where any person on applying for probate or let ters of administration has esti­ mated the estate of the deceased to be of less value than the same has afterwards proved to be, and has in consequence paid too low a court-fee 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 cf the estate of the deceased being verified b y affidavit or affirmation, cause the probate or letters of administration 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 oJC are produced within one year from the date of the grant, of five times, or if i t or thev is or are produced after one year from suchi date, of twenty times, such 54° T H E GAZETTE OF INDIA EXTRA ORDINARY [PART H— proper court-fee, without any deduction of the court-fee originally paid on sucto probate or letters: • / * -«« «*« " " ^

Provided that, if the application be made within six months after the. ascertain­ ment of the true value c*f the estate and the discovery that too low a court-fee w a s at first paid on the probate or letters, and if the said Authority is satisfied that such fee was paid m consequence of 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 inten­ tion of fraud or to delay the payment a£ the proper court-fee, the said Authority 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 tnereon.

. „ 1 9 F . ' Administrator to give proper security before letters stamped under section

19E.—In case of letters of administration on which too low a court-fee has been paid at first, the said Authority shall not cause the. same to be duly stamped in n ^ n n e r atoresaid until the administrator has given such security to the Court b y which the letters of administration have been granted as ought bv law to have been given on the granting thereof in case the full value of the estate of the deceased!

had been then ascertained.

** 19CJ-. E s e c H t o *s> etc., not paying full court-fee [on probates, etc., within six months after discovery of under-pay meat.—Where too low a court-fee has been paid an any probate or letters of administration in consequence of any mistake or of its no i being imown at the t ime that soime particular par t of the estate belonged to t h e aeceasea, it any executor or administrator acting under such probate or letters does not, within six months after the discovery of the mistake or of any effects not known at the time to have belonged to the deceased, apply to1 the said Authority and pay what is wanting to make up the court-fee which ought to have been paid at first on such probate or letters, he shall forfeit the sum of one thousand rupees and also a lurtJaer sum at the rate of ten rupees per cent, on the amount of the sum wanting tot make up the proper court-fee. ^

19K. Notice of applications for probate or letters of administration to be * ivc* to Revenue Authorities, and procedure thereon,— (1) Where an applica­ tion for probate or letters of administration is made td any Court other than the- Court of the Judicial Commissioner for Tripura, the Court shall cause notice of the application to be given to the Collector. 'f

(2) Where such an application as afolresaid is made to the Court of the Judicial Commissioner for Tripura, that Court shall cause notice of the application to be given to the Chiei Controlling Revenue-authority.

P-1 2 % Collector within the local limits of whose re venue-jurisdiction the pro­ perty of the deceased or any part thereof is, may at any time inspect or cause 'to be inspected, and take or cause to be taken copies of. the record of any case in which application for probate or letters of administration has been made; and if l S t ^ C t l ° ? t l otherwise, he is of opinion that the petitioner has under-est i- S S S S J T S l i e °* t e VWS?*r ° f. t h e d e c e a s e d > t h e Collector may, if he thinks fit, require the attendance or the petitioner (either in person or by agent) and t ake evidence and inquire into the matter in such maimer as he may think fit and if he is still of opinion that the value of the property has been under-estimated, m a y require the petitioner to amend the valuation.

i J®! M % e P e t i t i o n e r d ° e s not amend the valuation to the satisfaction of the Col­ lector, the Collector may move the Court before which the aoplication for probata or tetters of administration was made, to hoQd an inquiry into the t rue value of t o e property:

Provided that no such motion shall be made after the expiration of six months irorn the date of the exhibition of the inventory required by section 317 of t h e Indian Succession Act, 1925.

(5) The Court, when so moved as aforesaid, shall hold, or cause to be h e k f ^ n inquiry accordingly, and shall record a finding as to the t rue value, as near as m a y pe, at which the property of the deceased should have been estimated The Col­ lector shall be deemed to be a par ty to the inquiry.

(6) For the purposes of any such inquiry, the Court or person authorized bv t h e rT^fi+t d * ^ ^ q ^ i r Z m8y e x a m i h e the petitioner for probate or letters of admi­ nistration on oath (whether in person or hj commission), and may take such furtttSt evidence as may be produced to prove the t rue value of the property. The person authorized as aforesaid to hold the inquiry shall re turn to the Court the evidence taken by him and report the result of the inquiry, and such report and the evidence •' SK. 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY so taken shall be evidence in the proceeding anri +h* r w , * ™ ~~, m accordance wi th the report, unless i t T l k S l ^ l S T i ^ o n t S ' ^ ^ A n ? ) l h t 8 o ^ « o f t h e Court recorded under sub-section f51 shall h e flT,<,i u«* shall ndt bar the entertainment and disposal by the IChief Control in« K authority) of aniy application under section 19E. Controlling Revenuetration shall be m a d l u p o n a n appl icat ionfor such S LZ %£** 5?i^dmmisfiled in the Court a valuation of the n r Z r t v ut « , f / ^ . t h e P ^ ^ n e r h a s Schedule, and the Court iŝ sa r l sLd th^t t h ? ^ ^ ^ e ^ ° r " i S e t . f o r t h i D t h e T ^ d ;

Schedule 'has * R ^ B ? f f l ? S S S ^ m ^ ° n e d ft No. 11 Df + h e First

(2) The grant of probate or letters df administration shall nnt h« **i A , reason oi any motion made by the Collector- X f S S n i l l s u L s e c t t ^ I ? T mquiryRheCldVunyder ^ ^ \ m ~ ^ ^ I o ^ < t f fSk *?* t 0 % P a y a b l e o n a n ' under section 190- m a y f o n t h ? c l r t i f i f a t e ^ f C & l f i ^ f f l g ^ g g f i S !

authority, be recovered from the executor or toSftta«K2WL R e v e i m 6 ~ ar rear of land-revenue by any Collector administrator as if it were a n

(2) The Chief Controlling Revenue-authority mav remit thp whnlP , w 3 „ „ „ * of any such penalty or forfeiture as aforesaid h* L t , V^L * w n o ] e or any par t CliAPTER IV PROCESS FEES ( 1 ) ^ C o u ^ i ^ f ^ t n n S l ^ S e r V 1 i l g , a n d executing processes issued by such- Court in its appellate jurisdiction, and by the other Civil and R r o m m Courts estabhshed within the local limits of suchlur lsdic t ion •

(n) the fees chargeable for serving and executing processes issued by tHa Criminal Courts established within such limits in the case of offencea ran!; a n T ^ ^ W W C h P ° l i C e ° f f l C ^ r S m a y arrest ^ ! h o u t J wfr- Om % r ! ; ™ ^ a t i o n o f J m .Peons and all other persons employed by leave t of a Court m the service or execution of processes.

The Court of the Judicial Commissioner for Trinnra tv,=-.r -r,.̂ , « • alter and add to the rules so1 made. l s s l o n e - l o r l n P " ™ may from time to time Gazette, and shall thereupon have the force of law. a m e u m c i a i i ^ S S f i S S S + m l e S S h a 1 1 b e S£ ^ P a d e a n d Published, the fees now leviable for serv view m a conspicuous par t of each C o u r t ^ ™ a j J D e e xP°sed! to

22. Number of peons in District and subordinate Courts cmK-i~,,+. +• T 542 THE GAZETTE OF INDIA EXTRAORDINARY [FAST n - „ g ^ c S ^ c S ' S ^ T ^ b ^ ^ to be subordinate to. the Court of the District Judge.

23, N „ m b « of Peons ^ S ^ t ^ t 7 ^ e l %*&&& S S S S S B S Chief Controlling Revenue Authori ty and a P ? r ° ^ y f D i s t r i c t shall fix, and every officer performing the ^ o n s o, ^ i $ S ? £ 3 i « ? 8 be employed for S f a S S S . ® t S S ^ X S ^ E & S S of hiS Court or *E Court, subordinate to him.

24. Repealed.

CHAPTER) V O F THE MODE OP LEVYING FEES 2 5 Collection oli Sees by stamps-All fees referred to in section 3 or chargeable under this Act shall be collected by stamps.

26. Stamps to ^ . ^ 1 , : * ^ ^ S ^ ^ S S Gazette from time to time direct.

(a) the supply of stamps to be used under this Act;

(b) the number of stamps to be used for denoting any fee chargeable under this Act;

(c) the renewal of damaged or spoiled stamps; and td) the keeping accounts of all stamps used under this Act:

of the Judicial Commissioner.

All such rules shall be published in the Official Gazette, and shall thereupon h a v e the force of law.

j& %S&£%A mm^mMmmm saw stamped.

i, a „ „ „ „ „ » ;<* Through, mistake or inadvertence received, filed But if. any such aocument is througfc g g j a e s t a m p e d i t h e presiding or used in any Court or ° ^ 8 ^ ^ " „ D ™ * ^ e £ £ the case of the Court of Judge or the head of f ^ f ' % ^ ^ S \ ^ % $ ! l c f l i Commissioner may, if he the Judicial Conurussioner for rapuia u ^ u direct; .and on such thinks fit, order that ^ J ^ ^ - ^ ^ ^ S and every proceeding relative i ^ ^ u W ^ ^ ^ S W ^ ^ stamped^he first instance.

it shall not be necessary to impose a fresh stamp.

stamp has been cancelled.

*t -t cr *> D= «,„ Pfmrt or the head of the office may from time to time 5 s ^ « assise *̂ ssas"asrt: ss «—•-.

destroyed.

SEC. 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY

CHAPTER VI MISCELLANEOUS SI. Repe&led.

32. Repealed.

33. Admission in criminal cases of documents for wnich proper fee has not been paid.—Whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee has not been paid is, in. the opinion of the presiding Judge, necessary to prevent a failure of justice, nothing contained in section 4 or section 6 shall be. deemed to prohibit such filing or exhibition.

34. Sale of stamps.—(1) The Central Government may from t ime to time make rules for regulating the sale of s tamps t o b e used under this Act, the persons by whom alone such sale is to be conducted, and the duties and] remunera t ion of such persons.

(2) AH such rules shall be published in the Official Gazette, and shall thereupon liave t h e force of law.

(3) Any person appointed to sell stamps who disobeys any rule m a d e under this section, and any person not so appointed who sells or offers for sale any stamp, shall be punished wi th imprisonment for a te rm which m a y extend t o six months, or w i th fine which may extend to five hundred rupees, or with! both.

35. Power to reduce or remit feps.—The Central Government may, from time to time b y notification in the Official Gazette reduce or remit, in the whole or in any par t of the Union terr i tory of Tr lpura all or any of the fees mentioned in t h e First and Second Schedules to this Act annexed, and may in l ike manne r cancel or vary such order.

36. Saving: of fees to certain oilieei's of Court of Judicial Commissioner.— Nothing in Chapters II and V of this Act applies to the fees which any officer of the Court of the Judicial Commissioner for T r ipu ra is allowed to receive in addition to a fixed salary.

SCHEDULE I Ail valorem fees Number Proper fee Plaint, written state­ ment pleading a set-off or counter-claim or memo­ randum of appeal (not otherwise provided for in this Act) or, of cross-ob­ jection presented to any Civil or Revenue Court except those mentioned in Sec. 3.

When die amount orvahie of the subject-matter in dispute does not CTiceed one hundred rupees, for every five rupees, or pan thereof, of such amount or value, and When such amount or value ex­ ceeds one hundred rupees for every ten rupees, or part there­ of, in excess of one hundred rupees upto one hundred and fifty rupees, and When such amount or value exceeds one hundred and fifty rupees, for every ten rupees or part thereof upto one thousand rupees, and Fifty naye paise One rupee and seventy five, nay e paise.

One rupee and twenty naye paise.

544 T H E GAZETTE OF INDIA EXTRAORDINARY [PART XI— Number prope r f ee When such amount or value ex­ ceeds one thousand rupees, for every one hundred rupees, or part thereof, in excess of one thousand rupees, u p to seven thousand five hundred rupees, and When such amount or value ex­ ceeds seven thousand five hundred rupees, for every two hundred and fifty rupees, or part thereof, in excess of seven thousand, five hundred rupees, up to ten thousand rupees, . Plaint in a suit for posses­ sion under the Specific Relief Act, 1877 sectiong.

Seven rupees and fifty naye paise.

Fifteen rupees.

and When such amount or value Twenty two rupees and fifty nayeexceeds ten thousand rupees paise.

for every five hundred rupees, or part thereof, in excess of ten thousand rupees u p to twenty thousand rupees, and When such amount or value Thir ty rupees.

exceeds twenty thousand rupees, for every one thousand rupees, or part thereof, in excess of twenty thousand rupees, upto fifty thousand rupees, ^ and When such amount or value ex­ ceeds fifty thousand rupees, for every five thousand rupees, or part thereof, i n excess of fifty thousand rupees :

Provided that the maximum fee leviable on a plaint or memo­ randum of appeal shall not exceed ten thousand rupees.

Thirty-seven rupees and fifty naye paise.

A fee of one half the amount prescribed in the foregoing scale.

4 . Application for review of judgment, if presen­ ted on or after the nine­ tieth day from the date of the decree.

5. Application for review of judgment, if presented before the ninetieth day from the date of the decree.

6. Copy or translation of a judgment or order not being or having the force of, decree.

The fee leviable on the plaint or memorandum of appeal.

One-half of the fee leviable on the plaint or memoranduES^ of appeal.

When such judgment or order is passed by any Civil Court other than the Court of the Judicial Commissioner for Tripura, or by the presiding officer of any Revenue Court or Office, SEC 3(i)] T H E GAZET1E OF INDIA EXTRAORDINARY N u m b e r 545 Proper fee - • . Copy of a decree or order having the force of a decree.

cB by any other Judicial Executive Authority— or One rupee. (a) If the amount or value of the subjrct n r i t e r is fifty or less than fifty rupees.

(b) If such amount or value ex- T w o rupees.

cecds fifty rupees.

When such judgment or order Four rupees.

is passed by the Court of the Judicial Commissioner for T r ipu r s .

When such decree or order is made by any Civil Court other than the Court of the Judicial Commissioner for Tr ipuxa, or by any Revenue Court—

(a) If the amount or value of the T w o rupees.

subject matter of the suit where­ in such decree or order is made is fifty or less than fifty rupees.

g. Copy of any document liable to stamp duty under the Indian Stamp Act, 1899, (I of 1899) when left by any parry to a suit or proceeding in place of the original withdrawn.

(b) If such amount or value Three rupees exceeds fifty rupees.

When such decree or order is Seven made by the Court of the paise.

Judicial Commissioner for Tr ipura

(a) When the stamp duty chargerupees and fifty naye able on the original does not exceed one rupee.

(b) I n any other case.

T h e amount of the duty charge able on the original.

One rupee.

. Copy of any revenue or For every three hundred and One rupee.

judicial proceeding or sixty word;? or fraction of three order not otherwise p ro- hundred and sixty words.

vided for by this Act, or copy of any account, statement, report or the like, taken but of any Civil or Criminal or Revenue Court or office, 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 wilJ annexed, When the amount or value of the property in respect of which the grant of proviate 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 u p to fifty thousand rupees, Two per centum.

Three per centum.

T H E GAZETTE OF INDIA EXTRAORDINARY [PART II— Proper fee US

12. Certificate under the Ind ian Succession Act, 1925 and When such amount or value Four per centum.

exceeds fifty thousand rupees on the portion of such amount or value which is in excess of fifty thousand rupees, up to a lakh of rupeeSj When such amount or value Five per centum.

exceeds a lakh of rupees on. the portion of such amount or value which is in excess of a lakh of rupees u p 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 la excess of two lakhs and fifty thousand rupees u p to three lakhs of rupees, 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 exceeds four lakhs of rupees, on the portion of such amount or value which is in excess of four lakhs of rupees u p to five lakhs of rupees, and Six and a-JLialf per centum.

r When such amount or value exceeds five lakhs of rupees, on the portion of such amount or value which is in excess of five lakhs of rupees :

Provided that when, after the grant of a certificate under tlie Indian Succession Act, 1925 or under the Regulation of the Bombay Code, No . V I I I 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 redu­ ced 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 unde r section 374 of the Act exceeds one thousand rupees, Seven per centum.

Two per centum o n the first t en thousand rupees, three per centum o n the next forty thousand rupees, four per c e n ­ tum on the next fifty t h o u s a n d rupees, five per c e n t u m SEC. 3(i)] T H E GAZETTE OF INDIA EXTRAORDINARY Number 547 Proper~Tce 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 nest one lakhof rupess , six a n d a half per centum on the next one lakh of rupees, and seven per centum on the re­ mainder of such amount or value.

and When the aggregate amount or value of any debts or securi­ ties specified in the certificate and of any debts o r securities to which the certificate has been extended under section 376 of the Act exceeds one thousand rupees.

and I n respect of such portion of the aggregate amount o r value as consists of the amount or of debts o r securities so speci­ fied, the fee hereinbefore p ro­ vided in that behalf in this article, and three per centum o n such p o r ­ t ion of the tst ten thousand rupees, four and a half per centum on such portion of the next forty thousand rupees, six per centum o n such port ion of the next fifty thousand rupees, seven and a half per centum on such por ­ t ion of the next one lakh 'and fifty thousand rupees, eight and a quarter per centum o n such por t ion of t h e next fifty thousand rupees, nine per cen­ tum on such port ion of the next one lakh of rupees', nine and three-quariers per cen­ tum on such port ion of the next one lakh of rupees, and ten and a half and per centum on such por t ion of the remainder of such aggregate amount o r value as consists of the amount or value or debts securities to which the certificate has been extended.

N O T E — ( r ) T h e 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 o r not any power with tespect to a security specified in a certificate has been conferred under the Ac tand where such a power 1 ,• t \ 34-8 T H E GAZETTE OF INDIA EXTRAORDINARY [PART I I - Number Proper fee has been so conferred, whether the power is for the receiving of interest or dividends o n or for the negotiation o r t r ans ­ fer of the security, o r for both purposes, the value of the secu­ rity is its market value on the day o n which the inclusion of security in the certificate is applied for, so far as such value can be ascertained.

T A B L E O F R A T E S O F AD VALOREM F E E S L E V I A B L E O N T H E I N S T I T U T I O N O F S U I T S .

[See Sec t ion 4 of t h e A s s a m C o u r t - F e e s ( A m e n d m e n t ) Act , 1958.]

When the amount or value of the subject matter But does not exceed Proper fee exceeds ( i ) (2) (3) RK.$ RS . RS. N P .

', 5 0 5 0 5 10 r -oo 10 15 1-50 15 20 2-00 2 0 25 2.- 50 2 5 30 3-00 30 35 3 .50 35 • 40 4 ' 0 0 4 ° 45 . 4 ' 5 o 45 50 5 • 00 50 55 5-SO 55 60 6-oo 60 65 6-50 65 70 7-00 7° 75 7-50 f 5 80 S • 00 ° 85 8-50 85 90 9-oo 90 95 9 - 5 o 95 100 i o - o o 100 n o x i - 7 5 1 to 1.20 13*56 120 130 i 5 - 2 5 130 140 17-00 140 150 i 8 ' 7 5 150 160 19-95 160 170 21-15 170 180 22-35 180 • 190 23'55 190 200 24-75 200 210 25'95 210 2.2.0 S715 SEC. 3(i)] CO T H E GAZETTE 0 1 INDIA EXTRAORDINARY CO 549 1 Rs.

220 230 340 250 260 2 So 290 300 310 320 330 340 350 360 370 380 390 400 410 420 430 440 450 460 470 480 490 500 510 520 530 54° 550 560 570 5 So 590 600 610 620 630 640 650 660 670 6 So 690 700 7:0 720 73° 740 750 760 770 7S0 790 Soo Sio $20 830 S40 850 Soo Rs.

230 240 250 260 270 2S0 290 300 310 320 330 340 350 360 370 380 39° 400 410 420 430 440 450 460 470 A8O 490 500 510 520 530 54° 550 560 570 5S0 59o 600 610 620 630 640 630 660 670 6S0 690 700 710 720 730 740 750 760 770 7S0 790 800 Sio S20 830 Sdo S50 860 870 Rs. nP.

28-35 29'55 30-75 3195 33-15 3435 35 55 36-75 37'95 39' 15 40-35 41-55 42-75 43'95 45'15 46'35 47-55 45 75 49'95 St-PS 52-35 53 55 ' 54 '75 5 5 9 5 5 7 ' i 5 58-35 59-55 60-75 6 i - 9 5 63-15 64-35 65 55 66 75 6795 69-15 70-35 7 I ' 5 5 72-75 73-95 75-15 76-35 77-55 78-75 79 95 S 1 1 5 §2-35 S3-55 84-75 8 5 ' 9 5 87-15 88-35 Sg-55 90-75 9 1 9 5 9 3 1 5 94-35 95-55 96*75 9 7 9 5 99-15 100-35 1 0 1 5 5 103-75 103-95 105-15 A\ 15° T>*E G A Z E T T E O F I N D I A E X T R A O R D I N A R Y Ci) Rs.

S70 S80 89a 900 910 9 2 0 930 940 950 9 6 0 9 7 0 9S0 990 i jooa IjIOO 1,200 1,300 I,<1C0 1,500 1,600 i,7°° i ,Soo 1,900 2 , 0 0 0 2 ,100 2 ,200 2,3<=0 2 , 4 0 0 2,50O 2 , 6 0 0 2,700 2,800 2 ,900 5,000 3,100 3 ,200 3,300 3 ,400 3)500 3 ,600 3 ,700 3 ,800 3 ,900 4 , 0 0 0 4 , 1 0 0 4) 200 4,3CO 4 , 4 0 0 4 , 5 0 0 4 , 6 0 0 4 , 7 0 0 4 , 8 0 0 4).9oo 5,0c o 5 ,100 5 ,200 533oo 5,400 5,5oo 5,600 5*700 5,Soo 5,900

6.000 6, i c o ( 2 ) Rs, 8S0 9 0 0 910 920 9 3 0 9 4 0 9 5 0 9 6 0 9 7 0 980 , 990 1,000 1,100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,0OO 2,IOO 2,20O 3,30O 2 ,400 2 , 5 0 0 2 , 6 0 0 2 ,700 2 .800 2 ,900 3,000 3 ,100 3 ,200 3 ,300 3 ,400 3,50O 3 ,600 3>700 3,8oo 3 ,900 4=000 4 , 1 0 0 4 , 2 0 0 4 ,300 4 , 4 0 0 4 , 5 0 0 4 , 6 0 0 4 , 7 0 0 4 , 8 0 0 4 , 9 0 o 5 ,000 5 ,100 5 ,200 5,3oo 5,4co 5 , 5 0 0 5,6co 5,700 5 ,800 5 ,900 6,ooo 6 ,100 6 ,200

(3) R-. aP, i c 6 107 108 109 i n 1 1 2 - 3 5 1 1 3 - 5 5 114 115 117 U S 119 120 1 2 8 - 2 5 I 3 5 - 7 5 I 4 3 ' 2 5 1 5 0 - 7 5 1 5 8 - 2 5 1 6 5 - 7 5 1 7 3 - 2 5 1 8 0 - 7 5 35 55 7 5 95 15 7 5 9 5 15 3 5 5 5 75 2 5 75 2 5 75 2 5 7 5 -25 •75 -25 -75 ISS 195 203 210 21S 225 2 3 3 • 2 5 2 4 0 - 7 5 248 255 263 2 7 0 2 7 3 - 2 5 2 8 5 - 7 5 3 9 3 - 2 5 3 0 0 - 7 5 30S-25 3 1 5 - 7 5 3 23 - 7 5 330 .75 338 .25 345-75 353-25 360 .75 3 6 8 . 2 5 375-75 333 .25

390.75

39S.25 405-75 4 1 3 . 2 5 4 2 0 . 7 5

428.2=;

435-75 443-25 450 .75 4 5 8 . 2 5

465.75 473-25

480.75

488.25 495-75

503.25

510.75 SEC. S(i)]. THE GAZETTE OF INDIA EXTRAORDINARY Co m (3) E-S. RS . nP 6 ,200

6., 300 6 ,400 6 .500 6 j 600 6 ,700 6, SOD 6,900 7,0OO 7,100 7 ,200 7 ,300 7 J 4 0 0 • 7 ,500 7,75° SjCGO 8,2_SO S,soo 8,750 9 ,000 9 ,250 9,5oo 9,75° 10,000 10 ,500 11 ,000 11 ,500 12^000 12 ,500 13 ,000 I 3 J 5 0 0 24,000 1 4 , 5 0 0 15 ,000 2 5 , 5 0 0 1 6 , 0 0 0 16 ,500 J 7 , O Q O 1 7 , 5 0 0 18 ,000 18 ,500 19 ,000 1 9 , 5 0 0 2O3OOO 2 I , 0 O 0 22 ,000 2 3 , 0 0 0 2 4 , 0 0 0 25,O0O 2 6 , 0 0 0 27,OOQ 2 S , 0 0 0 2 9 , 0 0 0 3 0 , 0 0 0 31 ,000 3 2 , 0 0 0 3 3 , 0 0 0 3 4 , 0 0 0 35,ooo 3 6 , 0 0 0

37.00Q 3 8 , 0 0 0 6 , 3 0 0 6 , 4 0 0 6 ,500 6 ,600 6 ,700 6,Sco 6 ,900 7,oco 7, m o 7,200 7 ,3 00 7,4°° 7r50O 7 ,750 8 ,000 8 ,250 S„5co 8 , 7 5 0 9 ,000 9 ,250 9 ,500 9 , 7 5 0 r 0 ,000 10 ,500 I I ,0CO 1 1 , 5 0 0 I2 ,00O 12,500 13 ,000 13 ,500 14 ,000 1 4 , 5 0 0 15 ,000 1 5 , 5 0 0 1 6 , 0 0 0 16 ,500 17 ,000 1 7 , 5 0 0 18 , 000 I S.500 19 ,000 1 9 , 5 0 0 2 0 , 0 0 0 2 1 , 0 0 0 2 2 , 0 0 0 2 3 , 0 0 0 24 ,00O 25,COO 26,OO0 2 7 , 0 0 0 2S,00O 29,0OO 3 0 , 0 0 0 3 1 , 0 0 0 3 2 , 0 0 0 33^000 3 4 , 0 0 0 3 5 , 0 0 0 3 6 , 0 0 0 3 7 ,000 3 8 , 0 0 0 39,O00 5 1 8 . 2 5 5-5-75

533.25

540.75

54S.25' 55S-75

563.25 57o-75

578.25 5S5-75 5^3.25

600.75 608 .25 6 2 3 . 2 5 6 3 S . 2 5 653-25 6 6 8 . 2 5 6S3.25

69S.25 713 .25

72S.25 743-25

75S.25 7S0 .75 S03.25 S25 .75 S4S.25 S70.75 S93.25 9 I 5 . 7 5 938-25 960 .75 9 8 3 . 2 5 1,005.75 1,028.25 1,050.75 1,073-25 1,095-75 1,118.25 1,140.75 ^1 ,163 .25 1 ,185.75 1,208.25 1 ,238.25 1,268.25 1,298.25 1,328.25 1,358.25 1,388.25 1,418.25 1,448.25 1 ,478.25 1,508.25 1 ,538.25 1 ,568.25 1)598.25 1 ,628 .25 1 ,658 .25 1 ,688 .25 1 ,718.25 1,748-25 i ,77S.25 551 K V /s? T H E G A Z E T T £ O F INDIA EXTRAORDINARY [PART I I -fyfO ( i ) ' (2) C3) 50 ,000 55,000 60 ,000 65 ,000 70 ,000 75 ,000 I,OQ,000 I,O5,000 r ,10 ,000 1,65,000 1,70,000 1,75,000 R s . R s . R s . n P .

39 ,000 40 ,000 1,808.25 4 o ' ,000 4I..OOO I o 8 | c 2 5 41 ,000 A^OQ ^ f £ l * t * 42,000 . 43,000 1,898.25.

43,000 44,000 1,922.25 44,000 45,ooo I'Ul'll 45,000 46.000 1,935.25 46,000 47,000 2,018.23 47,000 48,000 2,04s.25 48,000 49,000 2,078.75 49,000 50,000 2,103.25 ^5,000 23i45-75 60,000 2,183.25 65,000 2,220.75 70,000 2,258.25" 75,000 2,295.75 So,ooo • 2,333.25 80,000 85,000 2;37t;-75 35,000 90 ,000 2 ,40B.25 90 ,000 9 5 , 0 0 0 . 2 j 4 t 5 1 ? 5 9 5 , 0 0 0 1,00,000 2 ,4^3 -25 1,05,000 2 , 5 2 0 . 7 5 1,10,000 2 , 5 5 8 . 2 5 1,15,000 2 ,595 .75 1,15,000 1,20,000 2 ,633 .25

1.20,000 1,25,000 2 , 6 / 0 - / 5 1,25,000 I , 3 0 J O O ° 2 , 7 0 0 . 2 5 1,30,000 1,35=°°° 2 , 7 4 = - / 5 1,35.000 1,40,000 2 ,783 .25 1,40-000 i , 4 5 , o o o M S ' H 1,45,000 1,50,000 . l%if~l 1,50,000 i , 5 5 . o o o 2 ,^95 75 1,55.000 1,60,000 l'll%-,{ 1,60,000 1,65,000 2 , 9 , 0 75 1,70,000 3,ooa -25 i ,75 -ooo 3 , o 4 5 - 7 5 1,86,000 3 , o b 3 ' 2 5 1,80,000 1,85,000 3 , 1 2 0 - 7 5 1,85,000 1,00,000 3 . - i5S '25 r . 9 0 , 0 0 0 i , 9 5 , o o o 3 , 1 9 5 - 7 5 i , 9 5 , o o o 2 ,00 ,000 . 3 . - 2 33 _ 25 2 ,oo ; ooo • 2 ,05 ,000 3 , 2 7 0 - 7 5 a n d t h e fee inc reases a t t he r a t e of t h i r t y - s e v e n r u p e e s fifty n a y e pa i se for eve ry five t h o u s a n d r u p e e s , o r p a r t thereof , u p t o a m a x i m u m fee o f t e n t h o u s a n d r u p e e s , for e x a m p l e — W h e n t h s a m o u n t o r va lue B u t does n o t exceed P r o p e r fee] of t he s u b j e c t - m a t t e r exceeds

(1) 05 (?)

Rs. Rs- 3 ,00 ,000 . 4 , 0 0 , 0 0 0 5 ,00.000 6 ,00 ,000 7 .00 ,000 8 ,00,000 9 ,00 ,000 10,00,000 11 ,00 ,000 11,05,000 Rs.

3.9S3 4,733 5,483- 6,233

6.983 7,733 8,4*3 9,333 9,983 I0,O2O nP.

•£5 25 25 25 25 25 25 -25 25 "75 I SEC. 3(i)] T H E GAZETTE OF INDIA EXT RAO RD IN A'

SCHEDULE I I Fixed Fees 553 Number Proper i . Application or peti­ t ion

(a) When presented to any officer of the Customs or ) Excise Department or to any Magistrate by any person having dealings wi th the Government and when the subject-matter of such appli­ cation relates exclusively to these dealings ; or when presented to- any M u n i ­ cipal Board or other local authority constituted under any Act for the t ime b e i n g i n force for the conservancy or improvement cf any place, if the ' application or petition relates solely to such conser­ vancy or improvement ; or when, presented to any Civil Court oilier than a principal Civil Court of original juris­ diction, or to any Court of Small Causes established under section 5 of (he Pro­ vincial Small Cause 'Courts , Act, 18B7, or to a Collector or 01 her officer of revenue in relation to any suit Or case in which the amount or value of the subject-matter is less than hfty rupees ; or when • presented to any Civil Criminal or Revenue Court, or to any Board or executive officer for the purpose of obtaining a copy or transla­ t ion 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.

(£>) When presented to a Regional Transpor t Authority or State Transport Authority coniaininga prayer for permits 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 s:i offence for which police1 officers may, under the Criminal Proce­ dure Cod&, arrest without warrant and presented to any Criminal Court .; or 1 Fifty naye paise.

J Seven rupees and fifty naye In the c^ce of a complaint or charge of an offence presented to a Criminal Court or in the case of an application or peti­ t ion presented to any officer of land revenue by any person holding ' temporarily settled land under direct engagement ( I> T H E GAZETTE OF INDIA EXTRAORDINARY ( 2 ) (3) [PART I I - when presented to a Civil, Criminal or Revenue Court , or to a Collector, or any R e ­ venue 0 ffice r h a ving j uri s di ction 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 with Government and when the subject-matter of the application of petition relates exclusively to such engage­ ment One rupee and fifty naye paise and in other cases one rupee.

for determination by a Court . of the amount of compensa­ t ion to be paid by a landlord to his tenant j or when presented to a Collector o r o ther officer m a k i n g a settlement of l and revenue or to the Chief Commissioner relating to mat ters connec- • ted with the assessment of l and or the ascertainment of rights thereto or interest therein, i f p re sented p re v iou 3 to the final confirmation of such sett lements ; o r when presented to any officer ofland r e v e n u e b y a n y p e r s o n holding temporarily settled land under dii 'ectengagement with Government, and when the subject-matter of the application for petition relates exclusively to such engage­ ment .

(d) When presented to the Three rupees .

Chief Commissioner or other Chief Controlling Revenue , o r Executive Authority, or t o a Commissi onerof Revenue or Circuit or to any chief omcercharged wi th the executive administration of a Division and not otherwise provided for by this Act.

(e) When presented to the Cour t Six rupees.

of the Judicial Commissioner for T r i p u r a ;

ff) Where presented to any officer Seven rupees and fifty naye containing prayer for settle ment of fishery, ferry, forest produce, forest mahals , ele­ phant mahals or an offer giving termsfor acceptance of Government for any cons­ truction or an application for a permit for licence to deal in controlle commodities.

paise.

> SEC 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY ^ - 5 5 Number Proper fee V S

(g) When prescntedtoanappropriate Revenue Authority for demarcation of land—

(i) when the area of such Two rupees.

land does not exceed three acres ;

(ii) for each subsequent area One rupee.

of three acres or part thereof.

1 A. Application many Civil When the Court grants the Court thatrecordsmay application and is of opinion an- that the t ran Emission of such records involves the use of the post.

be called for from other Court.

2. Application for leave to sue as a pauper.

3. Application for leave (a) When presented to a District to appeal as a pauper. Court.

One rupee 2nd fifty naye paise in addition to ar.y fee levied on the application under clause (a), clause (c) or clause (e) of article I of this Schedule.

One rupee.

Two rupees.

(o) When presented to a Com- Three rupees.

missioner or the Court of the Judicial Commissioner for Tripur2.

-

5. Plaint or memorandum of appeal in a suit to establish or disprove a right-of occupancy, — One rupee.

6. Bail bond Orotherinstrament of obligation given in pursuance of an order made by a Court Or Magistrate under any section of the Code of Criminal Pro­ cedure, 1898, (Act V of 1S9S.) ortheCodeofCivil Procedure, 1908 (Act V of 1908) and not other­ wise provided for by this Act.

7. Undertaking undersection 49 of the Indian Divorce Act, rS6?. (Act IV of 1S69.)

8. * * *

10. Mukhtarnama or Waka- When presented for the con- f f ™ latnama. duct of any one ease— ' ^

(a) to any Civil or Criminal? One rupee.

Court, other than the Court of the Judicial Com­ missioner for Tripura, or to any Revenue Court, or to any Collector or Magistrate, or other executive officer:, except such as are mentioned in clauses (b) and (c) of this number;

556 T H E GAZETTE OF INDIA EXTRAORDINARY [PART I I - Number Proper fee I I . Memorandum of appeal when the appeal is not from a decree or ail order having the force of a decreej and is presented.

(b) to a Commissioner of Re- Two rupees and fifty naye 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 ;

(c) to the Court of the Judicial Five rupees.

Commissioner for Tripura, Chief Commissioner, or other Chief Controlling Revenue or Executive Authority, or an appellate authority prescribed under the Motor Veil id es Act, {1939 Act IV of 1939). or to an appellate authority pres cribed under the Assam Sales Tax Act, 1947 (Assam Act X V I I of 1947). as in force in the Union territory of Tr ipura .

(a) to any Civil Court other Three rupees.

than the Court of the Judicial Commissioner for Tripura, or to any Revenue Court or Executive Officer other than the Court of the Judicial Commissioner for Tripura, or Chief Controlling Revenue or Executive Authority except an authority specified in clause ( b ) ;

(0) to an Excise appellate autho- Fifteen rupees.

rity under rule 5 of the Tripura Excise Rules ;

(c) to the Court of the Judicial Ten rupees.

Commissioner for Tripura or Chief Commissioner, or other Chief Controlling Exe­ cutive o"-' Revenue Authority except an authority specified in clause (d) ;

(jd) to an Excise appellate au- fifty rupees.

thoriiy under rule 6 of the Tripura Excise Rules j

(e) t o ' the Court of the Judicial Fifteen rupees.

Commissioner for Tripura in miscellaneous revenue mat­ ters except (d) below or to an appellate authority prescribed under the Motor Vehicles Act3 1939 (Act IV of 1939)- 5 a n d (/) to the Court of the Judicial Commissioner for Tr ipura in appeal and revision matters arising out of settlement of fisheries— > fifteen rupees, Twenty five rupees.

12. Caveat.

(ij when bid money is below ten thousand rupees ;

(ii) when bid money is above ten thousand rupees but is below twenty thousand rupees i

(iii) when bid money is above Thi r ty rupees twenty thousand rupee1!.

— T e n rupees.

SEC. 3(i)] T H E GAZETTE OF INDIA EXTRAORDINARY Number Proper fee 13- 14 .

IS .

16 .

+ * 4 * ** ** ** ** ** ** ** + * ** **

17. Plaint or memoran­ dum of appeal in each of the following suits :—

(i) 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 C o u r t :

(ii) to alter or cancel any entry in a r e ­ gister of the names of proprietors of revenue -paying es­ tates i

(iii) to obtain a de ­ claratory decree where no conse­ quential relief is prayed :

(iv) to set aside an award ;

(v) to set aside an adoption ;

(yi) every other suit .

where it is not possible to estimate at a money-value the subject-matter in dispute, and which is not other­ wise provided for by this Act,

18. Application under sec­ t ion 14 or section 20 of the Indian Arbitration Act, 1940, (Act X of 1543") fjr a direction for filing an award or for an order for filing an agree­ ment.

r). Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure, 1908. (Act V of 1908).

20. Every petition under the Indian Divorce Act, 1869- CAct IV of 1869) except petitions under section 44 of the same Actj and every memorandum of appeal under section 55 of the same Act.

Fifteen rupees.

Twenty rupees.

Fifteen rupees.

Twenty rupees.

Fifteen rupees.

When presented Court.

When presented Court.

to a MunsifPs Fifteen rupees.

to any other Fifty rupees.

Fifteen rupees.

Twenty rupees.

A sf T H E GAZETTE OF INDIA EXTRAORDINARY [PART II— it*

SCHEDULE I I I * , (See section 19TJ F O R M OF VALUATION (TO BE USED WITH SUCH MODIFICATIONS, IF ANY, AS MAY BE NECESSARY) I N THE COURT OF Re Probate of ike Will of property and credits of , (or administration of the:)

, deceased.

Solemny affirm . make oath and sav that I am the 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 and credits 0 f which the abovenamed deceased died possessed or was entitled to at the time of his death, and which h w e come, or are likely to come, to my hands.

% I further say that I have also truly set forth in Annexure B all the items I am by law allows d to deduct.

I further say that the said assets, exclusive only of sud i last-mentioned i tems, but inclusive of all rents interest, dividends and increased values since the date of the death of the said deceased are u n d e r ' t h e value of ANNEXURE A Rs. nP .

Valuation of the moveable and immoveable property of , deceased Cash in the house and at die banks, household goods, wearing-apparel, books, plate, jewels, etc.

(State estimated value according to best of Executor's or Administrators belief.') Property in Government securities transferable at the Public Debt Office (State description and vahte at the price ofthe day; also the interest separately, calcula ting " ii to the itme of making the application.)

Immoveable property consisting of f "s-ate description, .giving, in the case of houses, the assessed value, if any, and the number ^ 0j 'years' assessment the market-value is estimated at, and, in tlie case of land, the area, the market-value and all rents that have accrued.)

Leasehold property Cf the deceased held any leases for years, determinable'state the number ofyears'purchase 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 *kc particulars and the value calculated at the price of the day J also the interest separately, calculating it to the time of making the application.)

Policv of insurance upon life, money out on mortgage and other securities, such as bonds, mortgages, bills, notes and other securities for money. .

(State the amount of the whole, also the interest separately, calculating it to the time of making the application.)

Book debts (Other than bad.)

Stock in trade - •_ (State the estimated value, if any.)

Other property not comprised under the foregoing heads . . . .

(State the estimated value, if any.)

TOTAL . . . . . . . . . . .

V .

Deduct amount shown in Annexure B" not subject to duty.

N E T T O T A L . . . .

• .1 H*>) SEC. 3(i)] THE GAZETTE OFHTNDIA EXTRAORDINARY ^ ^ ^ AXNHXUBE B Schedule of debts, etc. Rs. nP.

Amount ofdibts due and owing from the deceasedj payable by law out of the estate.

Amount of funeral expenses . . , .

Amount of mortgage incumbrances . . . . . . . .

Property held in trust not beneficially or with general power to confer a beneficial interest.

Odier property not subject to duty . . . . . . . .

TOTAL ofTne pow£ [No. F. 6/8/6KTudl.H-UTL-62.1 G.S.F1. 1121.—In exercise of"~tfte powers conferred by section 2 of the Union territories (Laws) Act, 1950 (30 of 1950). the Central Governmefit extends, with effect from the 15th day of July. 1963, to the Union te r r i tory of Marripur, the Indian Stamp Act, 1899 (2 of 1899), as at present in force in Jaie1 State of Assam, subject to the following modifications, namely: — Modifications

1. Throughout the Act, for the expression "State Government", the expression "Chief Commissioner" shall be substi tuted and there shall also be m a d e in any sentence in which that expression occurs such consequer/tial amendments as the rules of g rammar m a y require .

2. In section 1, for sub-sections (2) and (3) , the following sub-sections shall be substituted, namely:— "(2) It extends to the whole of the Union te r r i tory of Mardpur.

(3) I t shall come into force on the 15th day or July, 1963."

3. In section 2,—

(1) after clause (7) , the following clause/shal l be inserted, namely:

"(7A) "Chief Commissioner" means t h ^ C h i e f Commissioner of the Union territory, of Manipur;";

(2) in clause (9) for sub-clause (a), tye following sub-clause shall be sub­ stituted, namely: — "(a) means the Collector of a District, and";

(3) after clause (17), the following clause shal l be inserted, n a m e l y : - "(17A) "Official Gazette" means the Manipur Gazette;";

(4) in clause (25), for t h e WOBSS and figures " the Indian Army Act, 1911", t h e words and figures / t h e Army Act, 1950" shall be substi tuted.

4. In section 3 ,—

(1) in clauses (aa) a n d ' / b b ) of the first proviso, for the word "Assam' :

wherever it occurs / the words " the Union territory of Manipur" and for the words and figures "first dav of April, 1950" wherever they occur, the w o r d / and figures "15th day of July, 1983" shall b e substi tuted;

(2) in clause (2) of/the second nroviso, for the words' and figures "registered under the Merchant Snipping Act, 1894 or under Act 19 of 1838 or the Ind ian Regis t ra t ion of Ships Act, 1341 as amended by subsequent Acts", t he /words and figures "registered under the Merchant Shipping Act, 195Sr'shall be substituted.

5. In section 7. for sub-section (1) , the following sub-section shall be subst i tuted.

namely: — "(1) No contract for sea insurance other t han an insurance effected b y the owner of a ship against a happening, wi thout the owner's actual h^ 560 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— *' fault or privity, or any or all of the events! in respect^of whk£i ' ve liability of the owner is l imited under section 352 o^rthe Mer.Ci.*at Shipping Act, 1958, shall fees valid unless the same is/ expressed i a a sea policy."

6. In clause (a) of sub-section (1) of section 9, for the words' "terri tories under its administration", the words "Union terr i tory of Manipur" sh^ll be substituted.

7. In section 11, clause (c) shall be omitted.

8. In clause (d) of the proviso to section 32, for the word "Assam", the woras ""the Union terr i tory of Manipur" shall be substituted.

9. In clause (b) of the proviso to sub-section (2) of/section 33, for the words "a judge of a High Court", the words "the Judicial Commissioner of the court 01 t h e Judicial Commissioner for Manipur" and for the y/ords " the Court appoints", the words "he may appoint" shall be substituted.

10. In clause (b) of the proviso to sub-section 02) of section 42, for the words and figures "the Code of Civil Procedure, sectionA44, clause (3)", the words and figures "Order XIII. rule 9, of the First Schedule? to the Code of Civil Procedure, 1908" shall be substituted.

11. In section 57,-—

(1) for sub-section <1), the following' sub-section shall be substituted, namely: — "(1) The Chief Controlling Revem/e Authori ty may state1 any "case referred to it unde r section 56, subsec t ion (2) , or otherwise coming to i t s ' notice, and refer such c^se, with its own opinion thereon, to the High Court of Assam.";

(2) in sub-section (2), for th* words "the High Court to which it is referred", the words "ti/at High Court" shall be substituted.

12, In section 60, in sub-section, mentioned in section 57" shall h /

(1) , the .words and figures omitted.

'other than a court

13. In section 71, the words / a Presidency Magistrate or" shall be omitted.

14. In section 72, the words/"or presidency town", wherever they occurJK-shall be •omitted.

15. In section 78, for the words "Every State Government",, "the words "The Chief Commissioner" and for the words "of the territories administered b y it", t h e words "of the Union terr / tory of Manipur" shall be substituted.

16. In Schedule I, thp expression "under the Assam Stamp (Amendment) Act, 1950" shall be omitted from the heading and,—

(1) in Article rf, in clause (a) of the exemptions thereunder, for the words and figures "Indian Army Act, 19-50". the words and figures "Army Act, 19/0" shall be substituted;

(2) in A d t e r r i e 5, in clause (d ) . for the word' "Assam"," the words "the Union of Manipur" shall be substituted; ;ory

(3) in A/ticle 14, in clause (a) of the exemptions thereunder, for the words *a figures "Indian Ports Act. 1889", the words and figures "Indian :>rts Act, 1908" shall be substituted;

/ Article, 23T in the exemption thereunder, for the words and figures "Indian Copvright Act, 1957". t h e words and figure "the Copvright Act, 1S57" shall be substituted;

( 5 / in Article 35, in paragraph 1 of the exemptions thereunder, for tha ,words "in this case of a cultivator and for this purposes", the words "in the case of a cultivator and for the purposes" shall be substituted;

f(6) in Article 48, clause (b) and the ent ry relating thereto shall be omitted;

(7) in Article 53, in clause (c) of the exemptions thereunder, the words and figures "or in the States of Madras.. Bombay and Andhra as they existed immediately before the 1st November, 1958 of Inam lands" shall be omitted;