Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Presidency Small Cause Courts (Madras Amendment) Act, 1955 12 of 1955 [27 April 1955] CONTENTS 1. Short title and commencement 2. Amendment of section 71, Central Act XV of 1882 3 . Insertion of new sections 72-A and 72-B in Central Act XV of 1882 4. Insertion of new sections 74-A to 74-E in Central Act XV of 1882 5. Substitution of new section for section 77 in Central Act XV of 1882 6. Addition of a new Schedule to Central Act XV of 1882 7. Amendment of Schedule I-A to Central Act II of 1899 8. Saving Presidency Small Cause Courts (Madras Amendment) Act, 1955 12 of 1955 [27 April 1955] PREAMBLE An Act further to amend the Presidency Small Cause Courts Act, 1882, in its application to the State of Madras. Whereas it is necessary and expedient further to amend the Presidency Small Cause Courts Act, 1882 (Central Act XV of 1882), in its application to the State of Madras, for the purposes hereinafter appearing; Be it enacted in the Sixth Year of the Republic of India as follows:-- 1. For Statement of Objects and Reasons, see Fort St. George Gazette, Part IV-A, dated the 8th December 1954, pages 333-334. 1. Short title and commencement :- (1) This Act may be called the Presidency Small Cause Courts (Madras Amendment) Act, 1955. (2) It shall come into force on *such date as the State Government may, by notification in the Fort St. George Gazette, appoint. * Came into force on the 1st July 1955. 2. Amendment of section 71, Central Act XV of 1882 :- I n section 71 of the Presidency Small Cause Courts Act, 1882 (Central Act XV of 1882) (hereinafter referred to as the principal Act), for clauses (a) and (b), the following shall be substituted:-- "the sum of twelve annas for every ten rupees or part thereof of the amount or value of the subject-matter." 3. Insertion of new sections 72-A and 72-B in Central Act XV of 1882 :- After section 72 of the principal Act, the following sections shall be inserted, namely:-- "72-A. Fees for certain applications.-- No document of any of the kinds specified in the Fifth Schedule shall be filed, exhibited or recorded in, or shall be received or furnished by, the Small Cause Court, unless in respect of such document, the fee specified therein be paid. 72-B. Fees for applications under section 38.-- A fee amounting to one-half of the fee payable on the plaint in a suit for the amount or value of the relief claimed in the application, including the value of any relief claimed in respect of costs, shall be paid on every application made under section 38 on which the Small Cause Court orders that notice be issued on the opposite party, and such notice shall not be issued until such fee has been paid: Provided that where a new trial is ordered to be held, the Small Cause Court may direct that such fee be repaid, in whole or in part, to the party by whom it has been paid". 4. Insertion of new sections 74-A to 74-E in Central Act XV of 1882 :- After section 74 of the principal Act, the following sections shall be inserted, namely:-- "74-A. Costs where poor person succeeds.-- Where the plaintiff or applicant in any suit or application received and registered under section 74 succeeds in the suit or application, the Small Cause Court shall calculate the amount of fee which would have been paid by the plaintiff or applicant if that suit or application had not been so received and registered; such amount shall be recoverable by the State Government from any party ordered by the decree or order to pay the same, and shall be a first charge on the subject-matter of the suit or application. 74-B. Procedure where poor person fails.-- Where the plaintiff or applicant fails in the suit or application or where the suit or application is withdrawn or where part of the claim is abandoned or where the suit or application is dismissed because the plaintiff or applicant does not appear when the suit or application is called on for hearing, the Small Cause Court shall order the plaintiff or applicant or any person added as a co-plaintiff to the suit or co-applicant in the application to pay the fee and in the case of abandonment of part of the claim the proportionate fee which would have been payable by the plaintiff or applicant if the suit or application had not been received and registered under section 74. 74-C. Payment of fees by next friend of minor in certain cases.-- Where the Small Cause Court finds that a suit or application received and registered under section 74 has been instituted unreasonably or improperly by a next friend on behalf of a minor plaintiff or applicant on a cause of action which accrued during the minority of such plaintiff or applicant, the Small Cause Court may order the next friend to personally pay the fee. 74-D. Procedure where suit or application by poor person abates.-- Where the suit or application abates by reason of the death of the plaintiff or of any person added as a co-plaintiff or of the applicant or of any person added as a co-applicant, the Small Cause Court shall order that the amount of fee which would have been paid by the plaintiff or applicant if his suit or application had not been received and registered under section 74 shall be recoverable by the State Government from the estate of the deceased plaintiff or applicant. 74-E. Recovery of amount of fee.-- Where an order is made under section 74-A, 74-B, 74-C or 74-D, the Small Cause Court shall forthwith cause a copy of the decree or order to be forwarded to the Collector, who may, without prejudice to any other mode of recovery, recover the amount of fee specified therein from the person or property liable for the payment as if it were an arrear of land revenue." 5. Substitution of new section for section 77 in Central Act XV of 1882 :- For section 77 of the principal Act, the following sections shall be substituted, namely:-- "77. Decision as to proper fee.-- If any difference arises between the officer whose duty it is to see that any fee is paid under this Act and any party as to the necessity of paying a fee or the amount thereof, the question shall be referred to the Registrar whose decision shall be final except where, in his opinion, the question is one of general importance, in which case he shall refer it to the Chief Judge. 77-A. Collection of fees by stamps.-- All fees chargeable under this Act shall be collected by stamps." 6. Addition of a new Schedule to Central Act XV of 1882 :- After the Fourth Schedule to the principal Act, the following Schedule shall be added, namely:-- THE FIFTH SCHEDULE. (See section 72-A.) Article. Particulars. Proper fee. 1 Applications for lapsed deposits presented after six months after the date on which the amount lapsed to the Government-- (i) when the amount or deposit does not exceed Rs. 50. Eight annas. (ii) when the amount or deposit exceeds Rs. 50 but does not exceed Rs. 1,000. One rupee. (iii) when it exceeds Rs. 1,000. Two rupees. 2 Copy or translation of a judgment or order not being or having the force of a decree-- (a) if the amount or value of the subject-matter is Rs. 50, or less than Rs. 50. Eight annas. (b) if such amount or value exceeds Rs. 50. One rupee. 3 Copy of a decree or order having the force of a decree-- (a) if the amount or value of the subject-matter of the suit wherein such decree or order is made is Rs. 50, or less than Rs. 50. Twelve annas. (b) if such amount or value exceeds Rs. 50. One rupee and eight annas. 4 Copy of any document liable to stamp duty under the Indian Stamp Act, 1899, when left by any party to a suit or proceeding in place of the original withdrawn-- (a) when the stamp duty chargeable on the original does not exceed eight annas. The amount of the duty chargeable on the original. (b) in any other case Twelve annas. 5 Copy of any revenue or judicial proceeding or order not otherwise provided for by this Act or copy of any account, statement, report, or the like taken out of the Small Cause Court-- For every document Twelve annas. 6 Vakalatnama or any paper signed by an Advocate signifying or intimating that he is retained for a party except where the party is a member of any of the Armed Forces of the Union not in civil employment. One rupee and eight annas. 7 Application to receive and register a suit or an application under section 41 without payment or on part-payment of fees mentioned in sections 71 and 72. Twelve annas. 8 Application for a copy of translation of any judgment, decree or any proceeding or order or of any other document on record. Four annas. 9 Application or petition not otherwise provided for in this Act. Twelve annas." 7. Amendment of Schedule I-A to Central Act II of 1899 :- I n Article 40 of Schedule I-A to the Indian Stamp Act, 1899 (Central Act II of 1899), the following entries shall be omitted, namely:-- "(b) when required in suits or proceedings under the Presidency Small Cause Courts Act, 1882." 8. Saving :- All suits and proceedings instituted in the Small Cause Court before the commencement of this Act and all proceedings by way of appeal, revision or otherwise arising therefrom, whether instituted before or after such commencement, shall be governed by the provisions of the principal Act as if this Act had not been passed.