Bihar and Orissa Court-Fees (Amendment) Act, 1922

The Bihar and Orissa Court-Fees (Amendment) Act, 1922

(Bihar and Orissa Act 2 of 1922)

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[Dated 21st August, 1922]

An Act to amend the Court-Fees Act, 1870

Whereas it is expedient to amend the Court-fees Act, 1870 in its application to the Province of Bihar[and Orissa] in the manner hereinafter appearing;

It is hereby enacted as follows:-

1. Short title, extent and commencement.- (1) This Act may be called the Bihar and Orissa Court-Fees (Amendment) Act, 1922.

(2) It extends to the whole of Bihar [and Orissa] including the Santhal Parganas.

(3) It shall come into force on the twenty-fourth day of August, 1922.

2. Amendment of section 4.- In paragraph 3 of section 4 of the Court-fees Act 1870 as amended by subsequent legislation and hereinafter called the principal Act, for the word "two" shall be substituted the word "one".
3. Amendment of section 7.- In clause (a) of section 7 (v) of the principal Act. for the word "ten" shall be substituted the word "twenty" and in clause (b) of the said section for the word "five" shall be substituted the word "ten".
4. Amendment of section 17.- In section 17 of the principal Act, after the words "of appeal" in both places where they occur the words "or of cross-objection" shall be inserted.
5. Amendment of section 18.- In section 18 of the principal Act, for the words "a fee of eight annas" the words "a fee of twelve annas" shall be substituted.
6. Amendment of section 19.- In item (viii) of section 19 of the principal Act, for the words "one thousand rupees" the words "two thousand rupees" shall be substituted.
7. Amendment of Article 1 of Schedule I.- (1) In Article 1 of Schedule I of the principal Act, for the entry in the first column the following entry shall be substituted, namely:-

(1) Plaint, written statement, pleading, a set-off or counter-claim or memorandum of appeal or of cross objection, not otherwise provided for in this Act, presented to any Civil or Revenue Court except those mentioned in section 3."

(2) For the "proper fees" set out in the third column of the said Schedule I and shown opposite Article 1 in Schedule A of this Act, the "proper fees" shown against them in the second column of the said Schedule A shall be substituted.

(3) The proviso in Article 1 of the said Schedule I shall be omitted.

8. Amendment of Articles 6, 7, 8 and 9 of Schedule I.- For the "proper fees" set out in Schedule 1 of the principal Act for Articles 6, 7, 8 and 9 and shown in Schedule A of this Act, the "proper fees" shown against them in the second column of the said Schedule A shall be substituted.
9. Amendment of Article 11 of Schedule I.- For the entries above the proviso in the second column and for the entries in the third column, in Article 11 of Schedule I of the principal Act, the following shall be substituted, namely:-

10. Amendment of Article 12 of Schedule I.- For the entry in the second column of Article 2 of Schedule I of the principal Act, and for the first paragraph in the third column of the said Article, the following shall be substituted, namely:-

11. Amendment of table of rates in Schedule I.- For the table of rates of ad valoremfees annexed to Schedule I of the principal Act, the table set forth in Schedule B of this Act shall be substituted.

12 Amendment of Schedule II. - In the first column of the said Schedule II after the words "memorandum of appeal" in Articles 5,11,17,20 and 21 the words "or of cross-objection" shall be inserted.

(2) For the "proper fees" set out in the said Schedule II, and shown in Schedule G of this Act, the "proper fees" shown against them in the second column of the said Schedule C shall be substituted.

13. Exemption of certain probates, letters of administration and certificates.- Nothing in this Act shall apply to any probates, letters of administration or certificate under the Succession Certificate Act, 1889 in respect of which the fee payable under the law for the time being in force has been paid prior to the commencement of this Act, but which have not issued.

Schedule A

Schedule B

Table of Rates of Ad Valorem Fees Leviable on the Institution of Suits.

and the fee increases at the rate of thirty-seven rupees eight annas for every five thousand rupees or part thereof, for example, when the amount or value of the subject-matter exceeds-

Schedule C

[See Section 12(4) of the Bihar and Orissa Court-fees (Amendment) Act, 1922.]