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REGISTERED No D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 33] NEW DELHI, SATURDAY, OCTOBER 7, 1967/ASVINA 15, 1889

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

MINISTRY OF LAW

(Legislative Department)

New Delhi, the 7th October, 1967/Asvina 15, 1889 (Soka)

THE COURT FEES (DELHI AMENDMENT)

ORDINANCE, 1967

No. 7 OF 1967

Promulgated by the President in the Eighteenth Year of the Republic of India. An Ordinance further to amend the Court-fees Act, 1870, as in force in the Union territory of Delhi.

WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;

Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: —

1. (I) This Ordinance may be called the Court-fees (Delhi Amendment) Ordinance, 1967.

Short title,

extent and

commence-

ment.

(287)

(2) It extends to the whole of the Union territory of Delhi.

(3) It shall come into force at once.

2. During the period of operation of this Ordinance, the Court- fees Act, 1870, as in force in the Union territory of Delhi (hereinafter referred to as the principal Act), shall have effect subject to the amendments specified in sections 3 and 4.

Act 7 of 1870, as in force in Delhi, r0 be temporarily amended.

3. In section 4 of the principal Act,—

Amendment of section 4

(a) in the marginal heading to the first paragraph, for the words "in High Courts in their extraordinary jurisdiction", the words ''in the High Court of Delhi in its ordinary or extraordi- nary jurisdiction" shall be substituted;

(0) in the first paragraph, for the words "any of the said High Courts in any case coming before such Court in the exercise of its extraordinary original oivil jurisdiction", the words "the High Court of Delhi in any case coming before that Court in the exercise of its ordinary or extraordinary original civil jurisdic- tion" shall be substituted;

(c) in the third paragraph, for the words "other than", the

word "including" shall be substituted;

(d) after the fifth paragraph "or in the exercise of its jurisdiction as a Court of reference or revision;", the following paragraphs shall be inserted, namely: —

"or in the exercise of its jurisdiction to issue directions,

orders or writs under the Constitution of India;

or in the exercise of its jurisdiction in any other

mattery".

in the exer- cise of juris- diction to iwuc writs, etc. in the exer- citc of any other juris- diction.

Amendment of Schedule II.

4. In Schedule II to the principal Act, in clause (d) of article 1, after sub-clause (ti), the following sub-clause shall be inserted, namely: —

"(ii-A) under article 226 of the Constitu- Fifty tion of India other than petitions rupees.'', for habeas corpus and petitions arising out of criminal proceed- ings.

Levy of fecB in iuiti5 etc., irwtituted before com- mencement of this Ordinance.

5. (1) Notwithstanding anything contained in the principal Act or I in the principal Act as amended by this Ordinance, fees shall be j levied in suits or other proceedings instituted on or after the 31st J day of October, 1966 and pending immediately before the commence- < ment of this Ordinance in the High Court of Delhi by virtue, and in the exercise, of its ordinary original civil jurisdiction as if the principal Act, as amended by this Ordinance, had been in force on the respective dates on which such suits or proceedings were instituted.

(2) Any fees levied in respect of suits or other proceedings instituted before the High Court of Delhi by virtue, and in the exercise, of its ordinary original civil jurisdiction, on or after the 31st day of October, 1966 and disposed of before the commencement of this Ordinance shall be deemed to have been levied in accordance with law.

ZAKIR HUSAIN,

President.

V. N. BHATIA,

Secy, to the Govt. of India.

ERRATA

In the Punjab Reorganisation Act, 1966 (No. 31 of 1966) as publi- shed in the Gazette of India, Extraordinary, Part II, Section 1, dated the 18th September, 1966,—

Page 358—

1. In section 2—

(i) in clause (h), line 2, for "th" read "the";

(ii) in clause (i), line 2, for "the means" read "the Union, means".

2. In section 3, sub-section (1), clause (c), for "and Narain- garh" read "and Naralngarh tehsils of.

Page 359—

In section 3, sub-section (2), line 2, for "as the" read "as the Jind".

Page 361—

In section 6, sub-section (2), clause (i), line 4, for "fo m" read

"form".

Page 365—

In section 19, line, 6, after "Haryana" insert ",".

Page 377—

In section 49, in the second proviso, line 3, for "sue" read "such".

Page 392—

In section 75, line 11, for "croporate" read "corporate".

Page 411—

In the Second Schedule, in item 4, column 1, for the last word "J umro" read "Jhumro".

PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT Of INDIA PRESS,

MINTO ROAD. NEW UELHI ANP PUBLISHED BY THE MANAGER OI* PUBLICATIONS.

DELHI, 1967.