Chapter VI MISCELLANEOUS

(1) When any suit in a Court is settled by agreement of parties before any evidence is recorded, or any appeal or cross objection is settled by agreement of parties before it is called on for effective hearing by the Court, half the amount of the fee paid by the plaintiff, appellant, or respondent on the plaint, appeal or cross objection, as the case may be, shall be repaid to him by the Court: Provided that no such fee shall be repaid if the amount of fee paid does not exceed Rs. 100 or the claim for repayment is not made within one year from the date on which the suit, appeal or cross objection was settled by agreement. (2) The State Government may, from time to time, by order, provide for repayment to the plaintiffs, appellants or respondents of any part of the fee paid by them on plaints, appeals or cross objections, in suits or appeals disposed of under such circumstances and subject to such conditions as may be specified in the order. Explanation. - For the purpose of this section, effective hearing shall exclude the dates when the appeal is merely adjourned without being heard or argued.

Whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee has not been paid is, in the opinion of the Presiding Judge, necessary to prevent a failure of justice, nothing contained in section 4 shall be deemed to prohibit such filing or exhibition.

(1) The State Government may, from time to time make rules for regulating the sale of stamps to be used under this Act, the persons by whom alone such sale is to be conducted, and the duties and remuneration of such persons. (2) All such rules shall be published in the Official Gazette, and shall thereupon have the force of law. (3) Any person appointed to sell stamps who disobeys any rules made under this section, and any person not so appointed who sells or offers for sale only stamp, shall, on conviction, be punished with imprisonment for a term which may extend to three years or with fine which may extend to Rs. 5,000 or with both.

The State Government may, from time to time, by notification in the Official Gazette, reduce or remit, in the whole or in any part of the territories under its administration all or any of the fees mentioned in the First and the Second Schedule annexed to this Act and may in like manner cancel or vary such order.

Nothing in Chapters II and IV of this Act applies to the fees which any officer of the High Court is allowed to receive in addition to a fixed salary.

Nothing in this Act shall be deemed to affect the stamp duties chargeable under any other law for the time being in force relating to stamp duties.

The Bombay Court-fees Act, 1959 in its application to the State of Gujarat, is hereby repealed: Provided that such repeal shall not affect the previous operation of the law so repealed and anything done or any action taken (including any appointment, notification, rules, order, form, application, reference, notice report or certificate made or issued) under the law shall, in so far as this is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provision of this Act and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.

In the Suits Valuation Act, 1887, in section 9, the words and figures “of the Court-fees Act, 1870 and” shall be deleted.

(1) All the rules made under this Act, shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to the rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following. (2) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.