The Assam Court Fees (Amendment) Act, 1947

The 15th December 1947.
No.L 406/47/10.— The following Act of the Assam Legislative Assembly, 
having been assented to in His Majesty’s name by the Governor, is hereby 
published for general information.
(R eceived the assen t o f the G overnor on the 11th D ecem b er, 1947.)
ASSAM ACT X V III OF 1947
THE ASSAM COURT-FEES (AMENDMENT) ACT, 1947
(Passed by the Assembly) 
[Published in the Assam Gazette, of the 17th December, 1947.]
A n Act to amend the Court-fees Act, in its application to Assam
Preamble. Whereas it is expedient to amend the Court-fees Act, Act V II of
1870, in its application to the Province of Assam, in the 18701 
manner hereinafter appearing ;
It is hereby enacted as follows:—
Short title 1. (1) This Act shall be called the Assam Court-fees 
and com- (Amendment) Act, 1947.mencement. .
(2) It shall come into force at once.
Insertion of 2. After section 7 of the Court-fees Act, 1870, the Act V II of 
new sections following shall be inserted as sections 7A, 73, 7C and 7D, 1870. 
and 7D in a n <^ apply t o the whole of Assam, namely:—
Act V II of
1870.
“ Inquiry as 
to valuation 
of suits.
Investigation 
to ascertain 
proper 
valuation. :
7A. If the Court is of opinion that the subject-matter 
of any suit has been wrongly valued, it may revise the 
valuation and determine the correct valuation, and may 
hold such inquiry as it thinks fit for such purpose.
1 7B. (1) For the purpose of an inquiry under section 7A
the Court may depute, or issue a commission to, any suit­
able 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 
the Court thinks reasonable as the costs of the inquiry, 
and if the costs are not deposited within such time as 
the Court shall fix, may, notwithstanding anything 
contained in any other Act, dismiss the suit if such party 
is the plaintiff or the appellant and, in any other case, 
may recover the costs as a public demand.
Power of 7C. (1) The Court, when making an inquiry under 
persons section 7A and any person making an investigation under 
making in - section 7B shall have, respectively, for the purposes of 
quiry under s u c h  Jn qUiry o r investigation, the powers vested in a Court 
and°7B  "  under the Code of Civil Procedure, 1908, in respect of 
the following matters, namely:—
(a) enforcing the attendance of any person and exa­
mining him on oath or affirmation ;
( Z > )  compelling the production of documents or material 
- •  objects; and
Act V
1908.
of

2
(c) issuing commissions for the examination of wit­
nesses.
(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.
Costs of in- 7D. If in the result of an inquiry under section 7A the 
valuation10 Court finds that the subject-matter of the suit has been 
and refund undervalued the Court may order the party responsible 
of excess fee. for the undervaluation to pay all or any part 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 party 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” .
Act XLV *
of 1860.
F. A. AHMED,
Secy, to the Govt, o f Assam , Legislative Deptt.
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