Chapter VII MISCELLANEOUS

1. (1) When any suit in a Court 1[or any proceeding instituted by presenting a petition to a Court under the Hindu Marriage Act, 1955 (XXV of 1955), ] 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, 2[petitioner,] appellant, or respondent on the plaint, 3[petition,] 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 4[twenty-five-rupees] or the claim for repayment is not made within one year from the date on which the suit, 5[proceeding,] appeal or cross objection was settled by agreement.
2. (2) The State Government may, from time to time, by order, provide for repayment to the plaintiffs, 6[petitioners,] 7[complaints under section 138 of the Negotiable Instruments Act, 1881 (26 of 1881),] appellants or respondents of any part of the fee paid by them on plaints, 8[petitions,] 9[complaints under section 138 of the Negotiable Instruments Act, 1881 (26 of 1881),] appeals or cross objections, in suits 10[complaints under section 138 of the Negotiable Instruments Act, 1881 (26 of 1881),] 11[proceedings] 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 5 shall be deemed to prohibit such filing or exhibition.

1. (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. (2) All such rules shall be published in the Official Gazette and shall thereupon have the force of law.
3. (3) Any person appointed to sell stamps who disobeys any rule made under this section, and any person not so appointed who sells or offers for sale any stamp, shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to 1[two thousand rupees, but which shall not be less than five hundred rupees], 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 second schedules to this Act annexed, any may in like manner cancel or vary such order.

Nothing in Chapters II and VI of this Act applies to the fees which any officer of the High Court is allowed to receive in addition to a fixed salary. 1 * * *

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.

1. (1) On the commencement of this Act, the laws specified in column 3 of Schedule IV hereto annexed shall be repealed in the manner and to the extent specified in column 4 thereof : Provided that, such repeal shall not affect the previous operation of any of the laws so repealed and anything done or any action taken (including any appointment, notification, order, rule, form, application, reference, notice, report or certificate made or issued) under any such law shall, in so far as it 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 : Provided further that, all the fees shall be charged and collected under this Act at the rate in force on the date on which the document chargeable to court-fee is or was presented.
2. (2) (a) All stamps in denominations of annas four or multiples thereof shall be deemed to be stamps of the value of twenty-five naya paise or, as the case may be, multiples thereof and valid accordingly.
   • (b) If any person is possessed of a stamp or stamps in any denominations other than denominations of annas four or multiples thereof, and such stamps or stamps has or have not been spoiled, the Collector shall repay to such person the value of such stamp or stamps in money calculated in accordance with the provisions of sub-section (2) of section 14 of the Indian Coinage Act, 1906 (III of 1906), upon such person delivering up, within six months from the commencement of this Act, such stamp or stamps to the Collector.

On the commencement of this Act, the laws specified in column 3 of Schedule V hereto annexed shall be amended in the manner and to the extent specified in column 4 thereof.

1[Reduction of court-fee from amount of stamp duty payable on final order of partition].- Notwithstanding anything contained in the 2Bombay Stamp Act, 1958 (Bom. LX of 1958), where court-fee is paid in a suit for partition in accordance with the provisions of clause (vii) of section 6 of this Act, 3[the stamp duty] payable on a final order for effecting a partition passed by any Revenue Authority or any Civil Court under article 46 in Schedule 1 to the 4Bombay Stamp Act, 1958 (Bom. LX of 1958), 5[, shall be reduced by the amount of the Court-fee paid in such suit].

All rules made by the State Government under this Act shall be laid before each House of the State Legislature as soon as may be after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.