COURT-FEES (WEST BENGAL AMENDMENT) ACT, 1959

Act No. 23 of 1959

21st December, 1959

An Act to amend, the Court-fees Act, 1870, in its application to West Bengal. Whereas it is expedient to amend the Court-fees Act, 1870 (VII of 1870.), in its application to West Bengal for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Tenth Tear of the Republic of India, by the Legislature of West Bengal, as follows:-

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S.1 Short title, extent and commencement

(1) This Act may be called the Court-fees (West Bengal Amendment) Act, 1959.

(2) It extends to the whole of West Bengal.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

S.2 Application of the Act

The Court-fees Act, 1870 (hereinafter referred to as the said Act), shall, in its application to West Bengal, be amended in the manner hereinafter provided.

S.3 Insertion of new section 6A in Act VII of 1870

After section 6 of the said Act, the following section shall be inserted, namely:-

6A. "Document inadmissible unless fees collected by tamp purchased in West Bengal. Notwithstanding anything contained in this Act or in any other law for the time being in force, no document of any of the kinds specified as chargeable under this Chapter shall be filed, exhibited or recorded in any Court of Justice, or shall be received, furnished or acted upon by any such court or by any public officer, unless, in respect of such document, the stamp referred to in section 25 has been purchased from a person authorised or appointed to sell stamps in West Bengal."

S.4 Insertion of new section 12A

After section 12 of the said Act, the following section shall be inserted, namely:-

12A. "Recovery of deficit court-fee in certain cases.

(1) The High Court shall, when dealing with an application for leave to appeal to the Supreme Court, make an order for the payment of any deficit court-fee with such interest not exceeding six per centum per annum as the High Court may direct, in all cases where the High Court finds that the subject-matter of the suit or appeal had been under-valued either in the court of first instance or in the court of appeal or in both, irrespective of whether the certificate of fitness for appeal to the Supreme Court is or is not granted.
(2) The fee together with interest thereon found to be payable under sub-section (1) shall be paid by the party ordered to do so and if such party fails to pay the amount required before the date fixed by the High Court, it shall be recoverable from him as a public demand."

S.5 Amendment of section 34

In sub-section (2) of section 34 of the said Act, for the words "the sale of stamps", the words "the sale of, and the particulars to be entered at the time of sale on, stamps" shall be substituted.

S.6 Amendment of schedule II

After article 20 of the Second Schedule to the said Act, the following articles shall be inserted, namely:-

Article	Description	Fee
20A.	Every petition for restitution of conjugal rights, judicial separation, divorce or divorce by mutual consent under the Special Marriage Act, 1954 (XLIII of 1954.), and every memorandum of appeal under section 39 of the same Act.	Five rupees.
20B.	Every petition for restitution of conjugal rights, judicial separation or divorce under the Hindu Marriage Act, 1955 (XXV of 1955.), and every memorandum of appeal under section 28 of the same Act.	Five rupees.