The Assam Court Fees (Amendment) Act, 1963

v, . Tlic 26th April 1963
No.LJL.20/63.—The following Act of the Assam Legislative Assembly 
which received the assent of the Governor is hereby published for general 
a information.
(Received the assent of the Governor on the 23rd April, 1963)
ASSAM ACT No.VIII OF 1963
~ THE ASSAM COURT-FEES (AMENDMENT)
ACT, 1963
(As passed by the Assembly)
[Published in the Assam Gazette Extraordinary, dated the 26th April, 1963]
An 
Act
further to amend the Court-Fees Act, 1870, in its application
to Assam.
Preamble Whereas it is expedient further to amend, the Act VII
Court-Fees Act, I87O, hereinafter called the principal of 
Act, in its application to Assam, in the manner 
hereinafter appearing.
It is hereby enacted in the Fourteenth Year of 
the Republic of India as follows:—
Short title. 1- (1) This Act may be called the Assam Court­
extent and Fees (Amendment) Act, 1963.
commence-
m e n t’ (2) It extends to the whole of Assam.
Amendment 
of Schedules 
I and II of 
Act V II of 
1870.
(3) It shall come into force with effect from 
the First day of April, 1963.
2. In the principal Act—
(1) In Schedule I, for articles number 6, 7, 8 
and 9 the following shall be substituted, 
namely:—
Number
"6. Copy or trans­
lation of a judgment 
or drder not being, or 
having the force of, a 
decree.
Proper Fee
When such judgment or order 
is passed by any Civil 
Court other than a High 
Court, or by the Presiding 
Officer of any Revenue 
Court or Office, or by any 
other Judicial or Executive 
Authority—
(a) If the amount or value One 
of the subject-matter is rupee, 
fifty or less than fifty 
rupees.
(b) If such amount or value Two 
exceeds fifty rupees. rupees.
 
 
Number
When such judgment or Four 
order is passed by a High rupees. 
Court.
7. Copy of a de­
cree or order having 
the force of a decree.
When such decree or order 
is made by any Civil 
Court other than a High 
Court, or by any Revenue 
Court—
*
(«) If the amount or value of Two 
the subject-matter of the rupees, 
suit wherein such decree or 
order is made is fifty or less 
than fifty rupees.
(b) If such amount or value Three 
exceeds fifty rupees. rupees.
When such decree or order is S e v e n  
made by a High Court. rupees and
fifty naye 
paise.
8. Copy of any 
document liable to 
stamp-duty under the 
Indian Stamp Act, 
1899, when left by 
any party to a suit or 
proceeding in place 
of the original with­
drawn.
(a) When the stamp-duty The amount 
chargeable on the original of the duty 
does not exceed one rupee, chargeable 
on the origi­
nal.
( Z > )  In any other case. One rupee.
Act II 
of 1899.
9. Copy of any 
revenue or judicial 
proceeding or order 
not otherwise pro­
vided for by this Act, 
or copy of any 
account, statement, 
report or the like, 
taken out of any 
Civil or Criminal or 
Revenue Court or 
Office, or from the 
office of any chief 
officer charged with 
the executive admi­
nistration of a Divi­
sion.
For every three hundred and 
sixty words or fraction of 
three hundred and sixty 
words.
One rupee.’ 8

(2) For Schedule II, the following 
shall be substituted, namely :—
“ (Schedule II.—Fixed fees)
SCHEDULE II
Fixed Fees
Number -----  Proper Fe*
1. Application or 
petition.
(«) When presented to any cffi- Fifty naye^paise, 
cer of the Customs or Excise 
Department or to any Ma­
gistrate by any person having 
dealings with the Govern­
ment, and when the subject­
matter of such application 
relates exclusively to those 
dealings ; or
when presented to any Muni­
cipal Board or other local 
authority constituted under 
any Act for the time being 
in force for the conservancy 
or improvement of any 
place, if the application or 
petition relates solely to 
such conservancy or im­
provement ; or
when presented to any Civil 
Court other than a princi­
pal Civil Court of original 
jurisdiction, or to any Court 
of Small Causes constituted 
under Act No. 11 of 1865 or 
under Act No. 16 of 1868, 
section 20 or to a Collector 
or other officer of revenue 
in relation to any suit or 
case in which the amount 
or value of the subject-matter 
is less than fifty rupees ; or 
when presented to any Civil, 
Criminal or Revenue Court, 
or to any Board or execu­
tive officer for the purpose 
of obtaining a copy or trans­
lation 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.
 
Number
1. Application 
petition— contd.
Seven rupees and 
fifty naye paise.
9r(6) When presented to a Regional 
Transport Authority or State 
Transport Authority con­
taining a prayer for permits 
lor Contract Carriage, Stage 
Carriage, Private Carrier or 
Public Carrier or for any 
other purpose.
(0 When containing a complaint 
or charge of any offence 
other than an offence for 
which police-officers may, 
under the Criminal Pro­
cedure Code, arrest without 
warrant and presented to 
any Criminal C ourt; or 
when presented to a Civil, 
Criminal or Revenue Court, 
or to a Collector, or any 
revenue officer having juris­
diction equal or subordinate 
to a Collector, or to any 
Magistrate in his executive 
capacity, and not otherwise 
provided for by this A c t; or 
to deposit in Court revenue 
or rent ; or
for determination by a Court 
of the amount of compensa­
tion to be paid by a land­
lord to his ten a n t; or
when presented to a collector 
or other officer making a 
settlement of land revenue, 
or to a Board of Revenue, 
or a Commissioner of Reve­
nue, relating to matter# 
connected tvith the assess­
ment of land or the as­
certainment of rights there­
to or interest therein, if pre­
sented previous to the final 
confirmation of such settle­
ments ; or
when presented to any officer 
of land revenue by any per­
son holding temporarily 
settled land under direct 
engagement with Govern­
ment, and when the subject- 
matter of the application or 
petition relates exclu­
sively to such engagement.
In the case of a 
complaint or charge 
of an offence presen­
ted to a criminal 
court or in the case 
of an application or 
petition presented 
to any officer of 
land revenue by 
any person holding 
temporarily settled 
land under direct 
engagement with 
Government, and 
when the subject­
matter of the appli­
cation or petition 
relates exclusively to 
such engagement 
one rupee and fifty 
naye paise and in 
other cases one 
rupee.
-A-

Number Proper Fee
1. Application or 
petition— concld.
( d ~ ) When presented to a Chief 
Commissioner or o t h e r  
Chief Controlling Revenue 
or Executive Authority, or 
to a Commissioner of 
Revenue or Circuit, or to 
any chief officer charged 
with the executive admi­
nistration of a Division and 
not otherwise provided for 
by this Act.
(e) When presented to a High 
Court.
( / )  When presented to any 
officer containing prayer for 
settlement cf fishery, ferry, 
forest produce, f o r e s t  
mahals, elephant mahals, or 
an offer giving terms for 
acceptance of Government 
for any construction or an 
application for a permit or 
license to deal in controlled 
commoditities.
Three rupees.
Six rupees.
Seven rupees and 
fifty naye paise.
(g) When presented to an
Appropriate Revenue Au­
thority for demarcation of 
land—
(t) when the area of such land Two rupees, 
does not exceed one hectare;
(ii) for each subsequent area One rupee, 
of one hectare or part 
thereof.
1A. Application to 
any Civil Court that 
records may be called 
for from a n o t h e r  
Court.
When the Court grants the 
application and is of opinion 
that the transmission of 
such records involves the use 
of the post.
One rupee and 
fifty naye paise 
in addition to 
any fee levied 
on the applica­
tion u n d e r  
c l a u s e  (a), 
clause (c) or 
clause (e) of 
Article 1 of this 
Schedule.

6
Number Proper F«e
2. Application for 
leave to sue’  as a 
pauper,
3. Application for 
leave to appeal as 
a pauper.
(a) When presented to j.*  
trict Court.
O m  ruj»««
Dis* Tws rupees.
(b) When presented to a Com* 
missioner or a High Court.
Three rupees.
4.. ......................
5. Plaint or me­
morand um of appeal 
in a suit to establish 
or disprove a right of 
occupancy.
6. Bail-bond or 
other i nstrument of 
obligation given in 
pursuance of an order ;  
made by a Court or | 
Magistrate under any )- 
section of the Code of |  
Criminal Procedure, j  
1898, or the Code of I  
Civil Procedure, 1908 
and not otherwise 
provided for by this 
Act.
7. Undertaki n g 
under section .49 of 
the Indian Divorce 
Act, 1869.
One rupee,
ActsV
ofI898
Act V 
of 1908
Act IV
•fI863
8..............................
9 .............................
10. Mukhtarnama 
or Wakalatnaraa.
When presented for the con­
duct of any one case—
(fl) to any Civil or Criminal 
Court other than a High 
Court, or to any Revenue 
Court, or to any Collector 
or Magistrate, or other 
executive officer except such 
as are mentioned in clauses 
(b) and (r) of this Number;
One rupee.

Number
10. Mukh t a r n a- 
ma or Wakalatnama— 
concld.
11. Memoran d u m 
ol appeal when the 
appeal is not from a 
decree or an order 
having the force of a 
decree, and is present- 
cd.
Proper Fee
(b) to a Commissioner of Two rupees 
Revenue, Circuit or Cus- and fifty nayt 
toms or to any officer paise. 
charged with the executive 
administration of a I >ivi- 
sion, not being the Chief 
Revenue or Executive
Authority ;
(c) to a High Court/ Chief Five rupees. 
Commissioner, Board of 
Revenue, or other Chief 
Controlling Revenue or 
Executive Authority, or/ 
an appellate authority 
prescribed under the 
Motor Vehicles Act, 1939 
or to an appellate autho­
rity prescribed under the 
Assam Sales Tax Act, 
1947.
Act IV  
of 1939
Assam
Aet
X V II of
1947
(a) to any Civil Court other Three rupees, 
than a High Court, or to 
any Revenue Court or 
executive officer other 
than the High Court or 
Chief Controlling Reve­
nue or Executive Authori­
ty except an authority 
specified in clause (b) ;
(i) to an Excise appellate Fifteen rupees, 
authority under Rule 340 
of the Assam Excise
Rules ;
(c) to a High Court or Chief 
Commissioner, or other 
Chief Controlling Execu­
tive or Revenue Authority 
except an authority pres­
cribed in clause (b) ;
(d) to an Excise Appellate 
Authority under Rule 341 
of the Assam Excise 
Rules ;
(«) to a High Court in miscel­
laneous revenue matters 
except (f) below or to an 
appellate authority pres­
cribed under the Motor 
Vehicles Act, 1939 ■  and
Ten rupees.
Fifty rupees.
F i f t e e n  
rupees.
Act IV  
of 1939

>
i  /*_
8
Number Proper Fee
( / )  to a High Court in appeal 
and revision matters aris­
ing out of settlement of 
fisheries—
(i) when the bid money is
below ten thousand 
rupees ;
(ii) when the bid money is
above ten thousand 
rupees but below twenty 
thousand rupees;
(iii) when the bid money is 
above twenty thousand 
rupees.
F i f t  e e n 
rupees.
Twenty-five 
rupees.
T h i r t y 
rupees.
12 Caveat
13. Applic a t i o n 
under Act No. 10 of 
1859, section 26, or 
Bengal Act No. 6 of 
1862, section 9, or 
Bengal Act No. 8 of 
1869, section 37.
14. Petition in a 
suit under the Native 
Converts’ Marriage 
Dissolution Act, 1866.
Ten rupees.
Five rupees.
Five rupees Act
XXI of 
1866.
15.............................
16............................ .
17. Plaint or memo­
randum of appeal in 
each of the following 
suits : • —
(i) to alter or set' 
aside a summary deci­
sion or order of any of 
the Civil Courts not 
established by Letters 
Patent or of any Re- S -  
venue C ourt;
(ii) to alter or can­
cel any entry in a 
register of the names 
of-proprietors of reve­
nue-paying estates; .
F i f t e e n 
rupees.

Number
(iii) to obtain a de­
claratory decree where 
no consequential re­
lief is prayed ;
(iv) to set aside an 
award ;
(v) to set aside an 
adoption ;
(vi) every other 
suit where it is not 
possible to estimate at 
a money-value the 
subject-matter in dis­
pute, and which is not 
otherwise provided for 
by this Act.
18. Application un­
der section 14 or 
section 20 of the 
Indian Arbitration 
Act, 1940, for a direc­
tion for filing an 
award or for an order 
for filing an agree­
ment.
19. Agreement in 
writing stating a ques­
tion for the opinion of 
the Court under the 
Code of Civil Proce­
dure, 1908.
20. Every petition 
under the Indian Di­
vorce Act, 1869, except 
t  petitions under section 
44 of the same Act, 
and every memoran­
dum of appeal under 
section 55 of the same 
Act.
21. Plaint or me­
morandum of appeal 
under the Parsi Mar­
riage and Divorce 
Act, 1865.
Proper Fee
T  w e n t V  
rupees.
Fifteen 
rupees.
Twenty 
rupees.
Fifteen 
rupees.
When presented to a Mun- 
siff’s Court.
When presented to 
other Court.
Fifteen 
rupees.
any Fifty 
rupees.
Fifteen 
rupees.
Act X 
of 
1940.
Act V 
of 
1908.
Act IV 
of 
_  1869.
Twenty
rupees
Twenty A c t X V  
rupees. o f
1865.”
R. C. CHAUDHURI, 
J t. Secy, to the Govt, of Assam, Law Deptt.
 

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