Section 188 in Rules Under the Land and Revenue Regulation
188. Fees on Executive processes.
- The following rules relate to fees chargeable on executive processes (a)Except where otherwise directed in any rule issued under the Land and Revenue Regulation, fees on executive processes shall be charged at the uniform rate of one rupees on every warrant, and at the same rate on every summons notice, proclamation or order issued:Provided that, when processes of anyone kind other than warrants are to be served or executed in the same case and at the same time on more persons than one, the fee leviable shall be twenty five paise for each such person subject to a minimum of one rupees and a maximum of Rs 2.50 paise for all processes. No fee shall be charged on notices inviting claimants to property pledged as security by mauzadars.(b)An order calling upon a mauzadar or Tahsildar for report, or informing them of orders passed in any case by a Revenue Officer, is not a process within the meaning of this rule, and no fee shall be charged on such orders.(c)In the Subdivision of Karimganj where during the rainy season travelling except by boat is impracticable, the State Government shall defray all charges on account of boat hire or ferrry toll, where such toll, is legally eligible but in consideration of this the fees leviable under these rules shall be increased by 50 per cent from the 1st June to the 30th November. The Commissioner may extend this rule to any local area in his jurisdiction.(d)Postal charges, when the process has to be sent by post, shall be defrayed by the State Government.(e)If a peon is detained at the place of service for more than 24 hours at the request of the person at whose instance the process was issued, or of his agent such person or agent must pay demurrage at thirty one paise a day, and in the districts of Lakhimpur and Sibsagar at thirty seven paise a day.(f)Processes issued by, or at the instance of a Revenue Officer other than a mauzadar acting in his official capacity, shall be served in the first instance free of charge, but the fees chargeable under this rules shall be levied from the parties to the case, according as the Revenue Officer disposing of the case may determine. The fees so recovered shall be attached in court fee stamps to the Nazir's report of recovery of the fees:Provided in special cases processes may be issued at the instance of a mauzadar with out pre-payment of process-fees.(g)In respect of each peon necessary to ensure safe custody of attached property when he is left actually in charge, a daily fee of thirty one paise and in the districts of Lakhimpur and Sibsagar a daily fee of thirty seven paise shall be charged.(h)In cases where a demurrage fee, or a fee for the safe custody of property, is leviable under clause (e) or (g) of this rule the additional fee which may become payable after process has issued shall be paid by filing a written requisition to the Revenue Officer who issued the process to receive the fee, which document shall bear on its face stamps equivalent to the additional fee, with a memorandum of the purpose for which it is paid.(i)Applications for refund of process-fees paid under these rules shall not be entertained unless preferred within one year of the date on which the fees were paid.(j)All fees for executive processes shall be prepaid in stamps, whenever possible to be affixed to the application for issue of processes. Where postponement is unavoidable, and the fees are paid in stamps, the Nazir shall affix the stamps to his report; if paid in cash, the Nazir on receipt of the amount shall buy the necessary stamps and affix them to the report. In all cases the stamps shall be punched in the presence of, or by, a Revenue Officer:Provided that in cases in which process fees are remitted by money-order whether singly or with land revenue or local rates, the fees should be finally credited to the State Government in Treasury accounts as a receipt under the head "XXI;-Administration of Justice-Court-fees rea in ash" The Treasury Officer will note on the money-order coupon the number and the date of the credit and send it forthwith to the Nazir to make a note of payment of the fees in his process register. On the face of the process a note will similarly be made in red ink showing the payment of the amount of process-fees and the number and date of the Treasury voucher.
