Chapter VIII MISCELLANEOUS

("Collection of fees") 1[71. Collection of fees.-- All fees chargeable under this Act may be paid,-

1. (i) in cash where the amount of fees is not more than rupees five hundred;
2. (ii) in the Government Treasury or through a demand draft in case the amount of fee is more than rupees five hundred.]

("Stamps to be impressed or adhesive") 1 72. Stamps to be impressed or adhesive.-- xxxxx

("Amended document") 1[73. Amended document.-- Where any document in respect of which fee is chargeable under this Act is amended in order merely to correct a mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose a fresh fee.]

("Cancellation of Stamp") 1 74. Cancellation of Stamp.-- xxxxxx

("Deduction to be made") #[75. Deduction to be made:

1. (1) Where allowance is made in this Act for damaged or spoiled stamps, the Deputy Commissioner may, on the application of the person concerned and on production of the damaged or spoiled stamps and after satisfying himself about their genuineness pay to him in lieu thereof, the same amount or value in stamps of the same or any other description or, if the applicant so desires, the same amount or value in money: Provided that in all cases where money is paid in cash a deduction shall be made of ten paise for each rupee or fraction thereof.
2. (2) Where fee already paid or any portion thereof is directed to be refunded to any person by an order of a court, the court shall pay him by cheque on the local treasury the amount of fee so ordered to be refunded after deducting a sum of ten paise for each rupee or fraction thereof: Provided that where the amount refundable is five hundred rupees or more the cheque shall be crossed with the words "Account Payee only".
3. (3) No such deduction shall, however, be made where refund is claimed in respect of any fee paid in pursuance of an order of a court which has been varied or reversed in appeal.
4. (4) A statement of the amount refunded under sub-section
5. (2) shall be sent by the court to the Deputy Commissioner concerned at the end of every month in such form as may be prescribed.]

("Penalty") xxxxxxxx]

A. Legal Benefit Fund.--

1. (1) Notwithstanding anything contained in this Act or any other law for the time being in force, it shall be competent for the State Government to levy an additional court-fee, by notification, in respect of appeals or revisions to tribunals or appellate authorities, other than Civil and Criminal courts, at a rate not exceeding one hundred rupees for each appeal or revision.
2. (2) There shall be constituted a legal benefit fund to which shall be credited the proceeds of the additional court-fee levied and collected under sub-section (1).
3. (3) The fund constituted under sub-section(2), shall be applied and utilised for the purpose of providing an efficient legal service for the people of the State and to provide social security measures for the legal profession.
4. (4) The mode and manner in which legal service to the people may be made more efficient and security measures for the legal profession may be provided, shall be as prescribed by rules made by Government.

Power of High Court to make rules

1. (1) The High Court may make rules to provide for or regulate all or any of the following matters, namely:
   • (a) the fees payable for serving and executing processes issued by the High Court and by the civil and criminal courts subordinate thereto;
   • (b) the remuneration of persons employed by the courts mentioned in clause
   • (a) in the service or execution of processes;
   • (c) the fixing by District and Sessions Judges and District Magistrates of the number of Process servers necessary to be employed for the service and execution of processes issued from their respective courts and the courts subordinate thereto;
   • (d) the display in each court of a table in the English and in the local language or languages showing the fees payable for the service and execution of processes.
2. (2) All rules made under sub-section
3. (1) shall be subject to confirmation by the State Government and on such confirmation shall be published in the official Gazette and shall thereupon have the force of law.

Power of State Government to make rules

1. (1) The State Government may by notification in the official Gazette, make rules to carry out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, rules may be made to provide for or regulate all or any of the following matters, namely:-
   • (a) the fees chargeable for serving and executing processes issued by the Karnataka Revenue Appellate Tribunal and by the Revenue Courts;
   • (b) the remuneration of the persons necessary to be employed for the service and execution of such processes;
   • (c) the fixing by Deputy Commissioners of the number of persons necessary to be employed for the service and execution of such process;
   • (d) the guidance of Deputy Commissioners in the exercise of their powers under Chapter VI;
   • (e) xxxxxxxx
   • (f) xxxxxxxx
   • (g) xxxxxxxx
   • (h) xxxxxxxx
     • (i) xxxxxxxx
   • (j) xxxxxxxx
3. (3) All rules made under this Act shall be laid as soon as maybe after they are made before the State Legislative Assembly while it is in session, for a total period of thirty days which may be comprised in one session or in two or more sessions and if before the expiry of that period, the State Legislative Assembly makes any modification in the rules or directs that any rule shall not have effect, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be.

Repeal and savings

1. (1) The Court Fees Act, 1870 (Central Act VII of 1870) in its application to the Belgaum Area, and the Coorg District, the Hyderabad Court fees Act 1324F (Hyderabad Act VI of 1324F) as in force in the Gulbarga Area; the Mysore Court fees Act, 1900 (Mysore Act III of 1900) and Sections 11 and 17A of the Mysore Civil Courts Act 1883 (Mysore Act I of 1883) as in force in the Mysore Area, in relation to the fees and stamps other than fees and stamps relating to documents presented or to be presented before and officer serving the Central Government, and the suits Valuation Act, 1887 (Central Act VII of 1887), in its application to the Belgaum Area, and the Coorg District, the Hyderabad Suits Valuation (For purposes of Jurisdiction) Act, 1318F (Hyderabad Act IV of 1318 Fasli), as in force in the Gulbarga Area, and the Mysore Suits Valuation Act, 1951 (Mysore Act X X X I X of 1951) as in force in the Mysore Area, and the Madras Court Fees and Suits Valuation Act, 1955 (Madras Act XIV of 1955) as in force in the Mangalore and Kollegal Area, are hereby repealed: Provided that such repeal shall not affect-
   • (a) the previous operation of the said enactments or anything duly done or suffered thereunder; or
   • (b) any right, privilege, obligation or liability acquired, accrued or incurred under the said enactments; or
   • (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactments; or
   • (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.
2. (2) Notwithstanding anything contained in sub-section (1), for the purpose of giving effect to the preceding proviso to the said subsection (1), the State Government may, by notification in the Official Gazette, make such provision as appears to it to be necessary or expedient-
   • (a) for making omissions from, additions to and adaptations and modifications of the rules, notifications and orders issued under the repealed enactments;
   • (b) for specifying the authority, officer or person who shall be competent to exercise such functions exercisable under any of the repealed enactments or any rules, notifications, or orders issued thereunder as may be mentioned in the said notification.
3. (3) All suits and proceedings instituted before the commencement of this Act shall, notwithstanding the repeal of the Acts specified in sub-section
4. (1) be governed by the provisions of the said Acts and the rules made thereunder.