The Presidency Small Cause Courts (Gujarat Amendment) Act, 1968

1. (1) This Act may be called the Presidency Small Cause Courts (Gufatat Amendment) Act, 1968.
2. (2) It shall come into force on such date as the State Government may, by notification in the Oficial Gazette, appoint.

Tn section 18 of the presidency Small Cause Courts Act, 1882 (hereinafter referred to as "the principal Act") for the words "two thuusand rupees", wheteier they occur, the words "three thousand rupees" shall be substituted.

In section 20 of the principal Act, for the words "two thousand rupees" wherever they occur, the words "three thousand rupees" shall be substituted.

In section 22 of the principal Act, in clause (b), for the words "two thousand rupees" the words "three thousand rupees" shall be substituted.

In scction 41 of the principal Act, for the words "two thousand rupees" the words "three thousand rupees" shall be substituted.

In the Third Schedule to the principal Act, for Part E, the following shall be substituted, namely : - (See section 66) In the Small Cause Court for SCALE OF FEES TO BE LEVIED IN DISTRAINTS FOR HOUSE RENT

to distrain

Rs. Rs. paise Rs. paise Rs. paise Rs. paise 0.50 1.25 1.00 2.00 1.60 2.50 2.00 3.60 2.50 4.25 3.00 5.00 3.60 5.50 4.00 6.50 9-50 7.76 5.00 8.60 6.00 10.00 6.50 11.60 7.00 13.00 7 per centum The above scale includes all expelises, except it1 suits where the tenant disputes the landlord's claim, and witnesses have to be sub-poenaed, in which case each sub-poena for sums under Rs. 40 must be paid for at twenty five paise each, and seventy five paise above that amount; and also where peons are kept in charge of property distrained, such fee not excceding seve~lty five paise per day as may be fixed by the Registrar of the Small Cause Court must bc paid per man.".

For the Fourth Schcdule to the principal Act, the follvwit~g shall be sub- stituted, namely : - "THE FOURTH SCHEDULE (Sec section 72) FEES FOR SUMMONSES AND OTHER PROCESSES.

When the mount or Rut, docs not.

Fee for FCC for other due of the subject cxcccd ~llrnrnonses processes matter vxcecds Rs. Rs. Rs, paist! Rs. paise

1. Short title and commencement

1. (I) This Act may be called the Presidency Small Cause Courts (Gufatat Short titlo Amendment) Act, 1968. and oommcnec.

1. (2) It shall come into force on such date as the State Government may. ,by me~lt. notification in the Oficial Gazette, appoint. 2. Amendment of section 7 of Act XV of 1882 In the Presidency Small Cause hurts Act, 1882 in its applicat,ion to the City of Ahmcd~bad (hrr~inraft~r rt ferrtd lo as "the principal Act9'), seotian of umtion 7 of Aot Xv o. 1882, shall be rcnu~ihered AB sub-section
2. (1) of that section and after sub-section
3. (1) 89 so renui~ib~red, the follo~ng sub-sectjona and Explanation shall be added, nnrnoly :- "(2) The Chief Judge of the Court of ball Causos of Ahmedabad shall be appointed by tho Stato Government in consultation with the High Gotirt either by promotion of a person in the judicial service of the State &vem- ment or by appointment from amongst porsons eIigibIt! to be appointed as such Judge in accordance with the provisions of clause
4. (2) of artido 233 of the Constitution.
5. (2) The appointment of other Judges of tho (hurt of Small Causca of Ahmodabad shall be made either hy thc state Government from amonget persons not in the judicial service of the State, in accordance with the provisions of article 234 of tho Constitution, or by thc High Gult by pro- motion of n pcrson in such service:

Provided that tth, appointment,^ by thc Stato avernrnent and by

thc High Court shall bc made in such proportion as may bt! doferlnined by rules rnado by tho State Government in conaultafion with the High court. E~pEun~ion.- In thifi scction thc expression "Judicial servicc of thc State" shall bvn the Rsnle meaning as given to that. expremion in artjclo 236 of the Constitution.".

3. Amendment of section 8A of Act XV of 1882 In su1,-sections

1. (I) and

1. (2) of motion 8A of the principal Act, for the words "thc State Govcrnnler~t" the words "tho State Government in consultation with the High hurt " &all bc substilutcd. 1. Short title and commencement
2. (1) This Act may be called the Presidency Small Cause Courts (Gujarat Amendment) Act, 1968.
3. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Amendment of section 18 of XV of 1882 In section 18 of the presidency Small Cause Courts Act, 1882 (hereinafter referred to as "the principal Act") for the words "two thousand rupees", wherever they occur, the words "three thousand rupees" shall be substituted. 3. Amendment of section 20 of XV of 1882 In section 20 of the principal Act, for the words "two thousand rupees" wherever they occur, the words "three thousand rupees" shall be substituted. 4. Amendment of section 22 of XV of 1882 In section 22 of the principal Act, in clause (b), for the words "two thousand rupees" the words "three thousand rupees" shall be substituted. 5. Amendment of section 41 of XV of 1882 In the principal Act, in section 41, for the words "five thousand rupees". the words "two lacs rupees" shall be substituted. 6. Substitution of section 71 of XV of 1882 In the principal Act, for section 71, the following section shall be substituted, namely : - "71. The Court fees leviable in suits, appds and applications under. this Act shall be the same as are leviable under Chapter 111 of the Bombay Cou1.t-fees Act, 1 959 and the provisions of that Act shall, mufutis mudadis, Born. apply to the recovery of such court-fees.". XXXVI of 1959. 7. Substitution of section 72 of XV of 1882 "72. Save as otherwise provided by or under any pmvision of this Act, the fees chargeable for serving and executing any processes issued by the Small Cause Court, Ahmedabad shall be the same as are p~xscribed by the High Court of Gujarat under section 32 of the Bombay Court-fees Act, 1959.".

Ali suits and applications of a civil nature wherein the subject matter exceeds in amount or valire five thousand rupees but does not exceed two lacs rupees pending in the Courts of City Civil, Ahmedabad immediately before the commencement of the Presidency Small Cause Couris (Gujarar cnj, 17 Amendment) Act, 2002 shall after such commencement, stand transferred to. and be disposed of by the Judge, Court of Small Cause, Ahmedabad with~n the local limit of his ordinary jurisdiction.