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 ber, 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 qUir y 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. <9 /