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State of Assam - Section
Section 3 in The Court-Fees (Assam Amendment) Act, 1972
3. Amendment of Schedule II of Act 7 of 1870.
- For Schedule II to the Principal Act, the following shall be substituted, namely:-"Schedule IIFixed Fees| Number | Proper Fee | ||||
| 1. | Application or petition | (a) When presented to any officer of theCustoms or Excise Department or to any Magistrate by any personhaving dealings with the Government, and when the subject-matterof such application relates exclusively to those dealings; or | Fifty naye paise | ||
| when presented to any Municipal Board or otherlocal authority constituted under any Act for the time being inforce for the conservancy or improvement of any place, if theapplication or petition relates solely to such conservancy orimprovement; or | |||||
| when presented to any Civil Court other than aprincipal Civil Court of original jurisdiction, or to any Courtof Small Causes constituted under Act No. 11 of 1865 or underAct No. 16 of 1868, Section 20 or to a Collector or otherofficer of revenue in relation to any suit or case in which theamount or value of the subject-matter is less than fifty rupees;or | |||||
| when presented to any Civil, Criminal orRevenue Court, or to any Board or executive officer for thepurpose of obtaining a copy or translation of any judgment,decree or order passed by such Court, Board or officer, or ofany other document on record in such Court or Office | |||||
| (b) When presented in a Regional TransportAuthority or State Transport Authority containing a prayer forpermit for Contract Carriage, Stage Carriage, Private Carrier orPublic Carrier or for any other purpose | Eight rupees and twenty-five paise | ||||
| (c) When containing a complaint or charge ofany offence other than an offence for which police officer may,under the Criminal Procedure Code, arrest without warrant andpresented to any Criminal Court; or when presented to a Civil,Criminal or Revenue Court, or to a Collector or any revenueofficer having jurisdiction equal or subordinate to a Collector,or to any Magistrate in his executive capacity, and nototherwise provided for by this Act, or to deposit in Court asrevenue or rent; or | In the case of a complaint or charge of anoffence presented to a criminal court or in the case of anapplication or petition presented to any officer of land revenueby any person holding temporarily settled land under directengagement with Government, and when the subject-matter of theapplication or petition relates exclusively to such engagementone rupee and sixty-five paise and in other case one rupee andten paise. | ||||
| for determination by a Court of the amount ofcompensation to be paid by a land lord to his tenant; or | |||||
| when presented to a Collector or other officermaking a settlement of land revenue, or to a Board of Revenue,or a Commissioner of Revenue, relating to matters connected withthe assessment of land or the ascertainment of rights thereto orinterest therein, if presented previous to the finalconfirmation of such settlement; or | one rupee and ten paise | ||||
| When presented to any officer of land revenueby any person holding temporarily settled land under directengagement with Government, and when the subject-matter of theapplication or petition relates exclusively to such engagement. | |||||
| When presented to any officer of land revenueby any person the kabulyat application for settlement of landunder direct engagement with Government | Two rupees | ||||
| (d) When presented to a Chief Commissioner orother Chief Controlling Revenue or Executive Authority, or to aCommissioner of Revenue or Circuit, or to any chief officercharged with the executive administration of a Division and nototherwise provided for by this Act | Three rupees and thirty paise | ||||
| (e) When presented to a High Court | Fifty rupees | ||||
| (i) under Article 226 of the Constitution | |||||
| (ii) in all other matters | Ten rupees | ||||
| (f) When presented to any officer containingprayer for settlement of fishery, ferry, forest produce, forestmahals, elephant mahals, or an officer giving terms foracceptance of Government for any construction or an applicationfor a permit or licence to deal in controlled commodities | Eight rupees and twenty-five paise | ||||
| (g) When presented to am Appropriate RevenueAuthority for demarcation of land- | |||||
| (i) when the area of such land does not exceedone hectare | Two rupees and twenty paise | ||||
| (ii) for each subsequent area of one hectare orpart thereof | One rupee and ten paise. | ||||
| 2. | Application to any Civil Court that thatrecords may be called for from another Court | When the Court grants the application and is ofopinion the transmission of such record involves the use of thepost | One rupee and sixty-five paise in addition toany fee levied on the application under Clause (a), Clause(c) orClause(e) of Article 1 of this Schedule. | ||
| 3. | Application for leave to sue as a pauper | One rupee and ten paise. | |||
| 4. | Application for leave to appeal as a pauper | (a) When presented to a District Court | Two rupees and twenty paise | ||
| (b) When presented to a commissioner or a HighCourt | Three rupees and thirty paise. | ||||
| 5. | Plaint or memorandum of appeal in a suit toestablish or disprove a right of occupancy | ||||
| 6. | Bail-bond or other instrument of obligationgiven in pursuance of an order made by a Court or Magistrateunder any section of the Code of Criminal Procedure, 1898 (Act 5of 1898) or the Code of Civil Procedure, 1908 (Act 5 of 1908)and not otherwise provided for by this Act | One rupee and ten paise. | |||
| 7. | Undertaking under Section 49 of the IndianDivorce Act, 1869 (Act 4 of 1869). | ||||
| 8. | ..... | ||||
| 9. | ..... | ||||
| 10. | Mukhtarnama or Wakalatnama | When presented for the conduct of any one case- | |||
| (a) to any Civil or Criminal Court other than aHigh Court, or to any Revenue Court, or to any Collector orMagistrate, or other executive officer except such as arementioned in Clauses (b) and (c) of this number. | One rupee and ten paise. | ||||
| (b) to a Commissioner of Revenue, Circuit orCustoms officer or to any officer charged with the executiveadministration of a Division, not being the Chief Revenue orExecutive Authority | Two rupees and seventy-five paise. | ||||
| (c) to a High Court, Chief Commissioner, Boardof Revenue, or other Chief Controlling Revenue or executiveauthority or an appellate authority prescribed under the MotorVehicles Act, 1939 (Act 4 of 1939) or to an appellate authorityprescribed under the Assam Sales Tax Act, 1947 (Assam Act 17 of1947). | Five rupees and fifty paise. | ||||
| 11. | Memorandum of appeal when the appeal is notfrom a decree or an order having the force of a decree, and ispresented. | (a) to any Civil Court other than a High Court,or to any Revenue Court or executive officer other than the HighCourt or Chief Controlling Revenue or Executive Authority exceptan authority specified in Clause (b) | Three rupees and thirty paise. | ||
| (b) to an Excise Appellate Authority under Rule340 of the Assam Excise Rules | Sixteen rupees and fifty paise. | ||||
| (c) to a High Court or Chief Commissioner, orother Chief Controlling Executive or Revenue Authority except anauthority prescribed in Clause (b) | Eleven rupees. | ||||
| (d) to an Excise Appellate Authority under Rule341 of the Assam Excise Rules | Fifty-five rupees. | ||||
| (e) to a High Court in Miscellaneous revenuematters except (f) below or to an appellate authority prescribedunder the Motor Vehicles Act, 1939 (Act 4 of 1939); and | Sixteen rupees and fifty paise. | ||||
| (f) to a High Court in appeal and revisionmatters arising out of settlement of fisheries- | |||||
| (i) when the bid money is below ten thousandrupees | Sixteen rupees and fifty paise. | ||||
| (ii) when the bid money is above ten thousandrupees but below twenty-thousand rupees | Twenty-seven rupees and fifty paise | ||||
| (iii) when the bid money is above twentythousand rupees | Thirty-three rupees. | ||||
| 12. | Caveat. | ...... | Eleven rupees. | ||
| 13. | Application under Act No. 10 of 1859, Section26, or Bengal Act No. 6 of 1862, Section 9, or Bengal Act No. 8of 1859, Section 37 | Five rupees and fifty paise. | |||
| 14. | Petition in suit under the Native Converts'Marriage Dissolution Act, 1866 (Act 21 of 1866) | Five rupees and fifty paise. | |||
| 15. | ..... | ||||
| 16. | ..... | ||||
| 17. | Plaint or memorandum of appeal in each of thefollowing suits- | (i) to alter or set aside a summary decision ororder of any of the Civil Courts not established by LettersPatent or of any Revenue Court; | Sixteen rupees and fifty paise. | ||
| (ii) to alter or cancel any entry in a registerof the names of proprietors of revenue-paying estates | |||||
| (iii) to obtain a declaratory decree where noconsequential relief is prayed | Twenty-two rupees | ||||
| (iv) to set aside an award | Sixteen rupees and fifty paise | ||||
| (v) to set-aside an adoption | Twenty-two rupees | ||||
| (vi) every other suit where it is not possibleto estimate at a money-value the subject-matter in dispute, andwhich is not otherwise provided or by this Act | Sixteen rupees and fifty paise. | ||||
| 18. | Application under Section 14 of Section 20 ofthe Indian Arbitration Act, 1940 (Act 10 of 1940), for adirection for filing an award or for an order for filing anagreement | When presented to a Munsif's Court | Sixteen rupees and fifty paise. | ||
| When presented to any other Court | Fifty-five rupees | ||||
| 19. | Agreement in writing stating in question forthe opinion of the Court under the Code of Civil Procedure, 1908(Act 5 of 1908) | Sixteen rupees and fifty paise. | |||
| 20. | Every petition under the Indian Divorce Act,1869 (Act 4 of 1869) except petitions under Section 44 of thesame Act, and every memorandum of appeal under Section 55 of thesame Act | Twenty-two rupees. | |||
| 21. | Plaint or memorandum of appeal under the ParsiMarriage and Divorce Act, 1865 (Act 15 of 1865) | Twenty-two rupees |