LexThe SIKKIM COURT FEES (EXEMPTION AND MISCELLANEOUS PROVISION) ACT,1983
Sikkim · state statute
Open in Lexace · Ask the AI about this actU 1 SI K KIM GOVER'NMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY No. 55 Gangtok, Wednesday, April 6, 1983. GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK. NOTIFICA nON No.7/LD/1983. •Dated the 6th April, 1983. The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 4th day of April. 1983, is hereby published for general information:- THE SIKKIM COURT FEES (EXEMPTION AND MISCELLANEOUS PROVISIONS) ACT, 1983 ( ACT NO. 7 OF 1983) AN ACT [4.4.1983 ] to provide for exemption from payment of court fees in certain cases inSikkim and for matters connected therewith. BE it enacted by the Legislature of Sikkirn in the Thirty-fourth Year of the Republic of India as follows:- 1. (1) This Act may be called the Sikkim Court Fees (Exemption and Short title, extent Miscellaneous Provisions) Act, 1983. and conunenc.u.e,«. (2) It extends to the whole of Sikkim. (3) This Act shall come into force from such date as the State Govern- ment may, by notification in the Official Gazette, appoint and diffe- rent dates may be appointed for different provisions of this Act. 2. Jn this Act,unless the contextotherwiserequires- Definitions. (a) "court fees" means the cash court fees payable under any law for the time being in force; (b) "Court" includes any Tribunal or Authority in the State; (c) "High Court" means the High Court of Sikkim. 3. Notwithstanding anything contained in any law relating to the payment Certain persons not of court fees, for the time being in force, no court fees shall be payable by to pay court fees. a person whose annual income from all sources does not exceed rupees twenty five thousand. 2 The High Court shall, as soon as may be, make rules providir for-Power of High Court 4. (1) to make rules as to fees payable for ser- ving processes, etc. Court fees payable in cases filed by Government. (a) the fees chargeable for serving and executing processes issued by such Court in its appellate jurisdiction, and by other Civil and Revenue Courts established within the local limits of its jurisdiction; (b) the fees chargeable for serving and executing processes issued by Criminal Courts established within its local limits in the case of offences other than offences for which police officers may arrest without a warrant; (c) the remuneration of the persons appointed as process servers and other persons employed, by leave of the High Court, in the service and execution of processes. (2) The High Court may, from time to time, alter and add to the rules made under sub-section (1). All rules, alterations and additions made under this section shall be confirmed by the State Government and shall be published in the Official Gazette. 5. Notwithstanding anything to the contrary contained in any notification, order, proclamation, bye-law, rules and regulations, court fees shall be payable in cases filed by or on behalf of the State Government of Sikkim . (3) • B. R. PRADHAN, Secretary to the Government of Sikkim, Law Department. . F. No. 13 (21) LDj1980. PRINTED AT THE SIKKIM GOVERNMENT PRESS, GANGTOK. I: ... GAZETTE .. ~. EXTRAORDINARY PUBLiSHED BY AUTB.oRITY No. 8 Gangtok, Saturday, January 25, ]986. GOVERNl\,IENT OF SIKKIM LAW DEPARTMENT GANGTOK No. 1/LD/1986. Dated the 25th January, 1986. NOTIFrcATIO;'~ 1he following Act of the Sikkim Legislative Assembly having received the assent of the Governor 011 21st day of January, 1986, is hereby published Tor general information :-.- THE SIKKIM COURT FEES (EXEMPTION AND MISCELLANEOUS PROVISIONS) AMENDMENT ACT, 1985. (ACT NO.1 OF 1986) AN ACT [21.1.1986 ] to amend the Sikkim Court Fees (Exemption and Miscellaneous Provisions) Act, 1983. Be it.enacted by the Sikkim Legislative Assembly in the Thirty-sixth Year of the Republic of India as follows ;- Short title and 1. (l) This Act may be called the Sikkim Court Fees (Exemption and Mis- commencement, cellaneous Provisions) Amendment Act, 1985. (2) It shall be deemed to have come into force on the 1st day of May, 1983. Insertion of new 2. In the Sikkirn Court Fees (Exemption and Miscellaneous Provisions) Act, section 3Ao 1983 (hereinafter referred to as the principal Act) after section 3, following section shall be inserted, namely :- "Procedure for 3A. (1) A person claiming exemption under section 3 shall satisfy the court granting exemption. by filing an affidavit and if so required by the court by adducing oral or documentary evidence that the annual income of such person from all sources is less than twenty-five thousand rupees. (2) The court may cancel the exemption granted, at any time before the passing of judgment or final order, on being satisfied that such exemption ought not to have been granted." Insertion of new ection 6. "Grounds on which Courtfees can be refunded. 2 3. In the principal Act, after section 5, the following section shall be inserted, namely :- 6. No court shall refund the court fees paid in suits and appeals except on the following grounds :- (i) (a) Withdrawal of a suit without any hearing, (b) Settlement or compromise before the commencement of the trial. (ii) Settlement or compromise in an appeal before the passing of the judgment or final order to the extent of the amount paid as court fees in such appeal, On remand in an appeal to the extent of amount paid as court fees in such appeal." (iii) M. ]\·1. RASAILY, Secretary to the Govt. of Sikkim, Law Department. F. No. 16 (209) LD/86. PRINTED AT THE SIKKIM GOVERNMENT PH.ESS, GANGTOK. S,IKK~M ") GOVERNMENT EXTp./\CnD"~l,Mi1V' PUBLISHED BY AUTHORITY No. 97Gangtok, \Vedoesday, 5th May; 1999 Ncj.3/LD(99 GOVERNMENT OF SJKKfM' LAW DEPARTMENT GANGTOK. NOTIFICA nON Dated the.4th May, 1999 The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 27th day of April, 1999 is hereby published for general information i- THE SIKKIM COURT FEES (EXEMPTION AND MISCELLANEOUS PROVISIONS) AMENDMENT ACT, 1999 (ACT NO. 3 OF 1999) AN ACT lnsertio»~ 2. new section 7. furtber to amend the Sikkim Court Fees (Exemption and Miscellaneous Provisions) Act, J983. BE it enacted by the Legislature of Sikkim in the Fiftieth Year of the Republic of India as follows i- 1. (1) This Act may be called the Sikkim Court Fees (Exemption and MiscellaneousProvisions)AmendmentAct, 1999. (2) It extends to the whole of Sikkim. (3) It shall come into force at once. In the Sikkim Court Fees (Exemption and MiscellaneousProvisions) Act, 1983, after section 6, the following section shall be inserted, namely:- "7 Notwithstanding anything contained in the Act in all petitions for casesto be taken up by the Lok Adalats or settledand or processed under Legal Services Authorities Act, 1987, no court fees shall be payable". Shorttitle, extentand commencement. By Order of the Governor, T.D. RINZING Secretary to tbe Govt. of Sikkim, Law Department. F, No~16(209)LDf83 Printed at Sikkim Government Press, Gangtok, SIKKIM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHEDBYAUTHORITY Gangtok, Tuesday, 18th April, 2000 No. 124 GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK NO.3/LD12000 Dated the 17th April,2000 NOTIFICATION The follwoing Act of the Sikkim Legislative Assembly having received the assent of the Governor on 7th day of April, 2000 is hereby published for general information:- THE SIKKIM COURT FEES (EXEMPTION AND MISCELLANEOUS PROVISIONS) AMENDMENT ACT, 2000 (ACT NO.3 OF 2000) AN ACT further to amend the Sikkim Court Fees (Exemption and Miscellaneous Provisions) Act, 1983. BE it enacied by the Legislature of Slkklm in the Fifty - first Year of the Republic of India as follows:- Short title, extent and commencement. 1. (1) This Act may be called the Sikkim Court Fees (Exemption and Miscella- neous Provisions) Amendment Act, 2000, (2) It extends to the whole OfSikkim. (3) It shall come into force at once. Amendment of section 3. 2. In the Sikkim Court Fees (Exemption and Miscellaneous Provisions) A~t, 1983 (hereinafter referred to as the said Act), in section 3 for the words 'ruoees ten thousand" the following words shall be SUbstituted, namely:- "rupees twenty five thousand". Deletion of sub-section (1)and (3) of section 3A. 3. In the said Act, in section 3A, sub-section (1) and (3) shall be deleted. Amendment of section 6. Substitution of new section for section 7. 4. In the said Act. in section 6 the foliowing sub-clause shall be inssrtec after sub-clause (iil). nameiy:- "(iv) Settlement by the Lok Adalat", 5. In the said Act. for section 7. the following section shall be substltureo. namely:- "7. Notwithstanding antythlng contained in the Act. no Court fee shall be payable for Suits. Appeals. Writ Petitions. Revisions, Reviews. Miscella- neous Petitions etc. flied by a person who has been provided with legal services oraid under the provisions ofthe Legal services Authority Act. 1987 and the Aules and Regulations framed thereunder." By Order of the Governor. T.o. RINZING, SECRETARY TO THEGOVT. OF SIKKIM, LAW DEPARTMENT. F. No. 16 (82)Lon7·2000 Printedat SikkimGovernmentPress,Gangtol<. SIKKIM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok Tuesday, za=May, 2007 No.200 GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK NO.1/LD/P/2007 Date: 21.05.2007 The following Act passed by the Sikkim Legislative Assembly and having received the assent of the Governor on the 16th day of April 2007 is hereby published for general information:- THE SIKKIM COURT FEES (EXEMPTION AND MISCELLANEOUS PROVISIONS) AMENDMENT ACT, 2007 ACT No. 1 of 2007 AN ACT further to amend the Sikkim Court Fees (Exemption and Miscellaneous Provisions) Act, 1983. Be it enacted by the Legislature of Sikkim in the Fifty-eight year of the Republic of India as follows:- Short title, extent and commencement. 1. (1) This Act may be called the Sikkim Court Fees (Exemption and Miscellaneous Provisions) Amendment Act, 2007. (2) It extends to the whole of Sikkim. (3) It shall come into force at once. Amendment of Section 7. 2. In the Sikkim Court Fees (Exemption and Miscellaneous Provisions) Act, 1983, in Section 7, the following proviso shall be inserted. namely:- "Provided that where in a case pending before a Court and the petitioner/plaintiff has not received any legal aid but the case is referred for settlement through any of the mode as provided under Section 89 of the Code of Civil Procedure, 1908 and on such reference ifthe dispute is settled, the petitioner/plaintiff shall be entitled to a certificate of such settlement and on piL duction .ofsuch certificate of settlement before the District Collector the petitioner/plaintiff shall be entitled to the refund of the full amount of the Court fee paid in respect of such plaint". By Order. R.K. Purkayashta (SSJS) LR-cum-Secretary Law Department File No. 16(82)/LD/07 S.G.P.G.• 200/Gazette /150 Nos'!Dr:- 22.5.2007. THE SUBSEQUENT AMENDMENTS TO THE SIKKIM COURT FEES (EXEMPTION AND MISCELLANEOUS PROVISIONS ACT, 1983 (ACT NO. 7 OF 1983) AMENDED AND UPDATED UPTO MAY, 2007