The Sikkim Court Fees (Exemption and Miscellaneous Provisions) Act, 1983

(1) This Act may be called the Sikkim Court Fees (Exemption and Miscellaneous Provisions) Act, 1983. (2) It extends to the whole of Sikkim. (3) This Act shall come into force from such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.

Jn this Act, unless the context otherwise requires- (a) "court fees" means the cash court fees payable under any law for the time being in force; (b) "Court" includes any Tribunal or Authority in the State; (c) "High Court" means the High Court of Sikkim.

Notwithstanding anything contained in any law relating to the payment of court fees, for the time being in force, no court fees shall be payable by a person whose annual income from all sources does not exceed rupees twenty five thousand.

(2) The court may cancel the exemption granted, at any time before the passing of judgment or final order, on being satisfied that such exemption ought not to have been granted.

(1) The High Court shall, as soon as may be, make rules providing for- (a) the fees chargeable for serving and executing processes issued by such Court in its appellate jurisdiction, and by other Civil and Revenue Courts established within the local limits of its jurisdiction; (b) the fees chargeable for serving and executing processes issued by Criminal Courts established within its local limits in the case of offences other than offences for which police officers may arrest without a warrant; (c) the remuneration of the persons appointed as process servers and other persons employed, by leave of the High Court, in the service and execution of processes. (2) The High Court may, from time to time, alter and add to the rules made under sub-section (1). All rules, alterations and additions made under this section shall be confirmed by the State Government and shall be published in the Official Gazette.

Notwithstanding anything to the contrary contained in any notification, order, proclamation, bye-law, rules and regulations, court fees shall be payable in cases filed by or on behalf of the State Government of Sikkim.

No court shall refund the court fees paid in suits and appeals except on the following grounds :- (i) (a) Withdrawal of a suit without any hearing, (b) Settlement or compromise before the commencement of the trial. (ii) Settlement or compromise in an appeal before the passing of the judgment or final order to the extent of the amount paid as court fees in such appeal, (iii) On remand in an appeal to the extent of amount paid as court fees in such appeal. (iv) Settlement by the Lok Adalat

Notwithstanding anytyhling contained in the Act, no Court fee shall be payable for Suits, Appeals, Writ Petitions, Revisions, Reviews, Miscellaneous Petitions etc. flied by a person who has been provided with legal services or aid under the provisions of the Legal services Authority Act, 1987 and the Aules and Regulations framed thereunder. Provided that where in a case pending before a Court and the petitioner/plaintiff has not received any legal aid but the case is referred for settlement through any of the mode as provided under Section 89 of the Code of Civil Procedure, 1908 and on such reference if the dispute is settled, the petitioner/plaintiff shall be entitled to a certificate of such settlement and on pi L duction of such certificate of settlement before the District Collector the petitioner/plaintiff shall be entitled to the refund of the full amount of the Court fee paid in respect of such plaint.