REGISTERED No. D. 221 रजिस्ट्री सं० डी 221
भारतको राजपत्र The Gazette of India
प्रसाधारण
EXTRAORDINARY
भाग 2 - खण्ड -1
PART II- Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 39] नई दिल्ली, सोमवार , विसम्बर 18 , 1967/ अप्रहायण 27 , 1889
No. 39 ] NEW DELHI , MONDAY, DECEMBER 18 , 1967 / AGRAHAYANA 27 , 1889
इस भाग में भिम पूष् संख्या वी जाती है जिससे कि यह अलग संकलन क रूप में रखा जा सके ।
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 18th December , 1967 / Agrahayana 27 , 1889 ( Saka )
The following Act of Parliament received the assent of the Pre- sident on the 16th December , 1967 , and is hereby published for general information : --
THE COURT - FEES ( DELHI AMENDMENT ) ACT , 1967
No. 28 OF 1967
[ 16th December , 1967 ]
An Act further to amend the Court - fees Act , 1870 , as in force in the Union territory of Delhi .
BE it enacted by Parliament in the Eighteenth Year of the Republic of India as follows : ---
1, (1 ), This Act may be called the Court - fees. (Delhi Amend- ment ) Act , 1967 .
Short title and ex. tent.
(2) It extends to the whole of the Union territory of Delhi .
7 of1870
2. In the Court- fees Act , 1870 , as in force in the Union territory of Delhi (hereinafter referred to as the principal Act) , in section 4;
Amend- ment 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 ;
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II 346
(b ) in the first paragraph , for the words " any of the said High Courts in any case coming before such Court in the exer- cise of its extraordinary original civil 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 jurisdiction " 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 ;
in the exercise of juris- diction to issue writs , etc.
or in the exercise of its jurisdiction in any other matter;" .
in the exercise ofany other jurisdic- tion.
3. In Schedule II to the principal Act , in clause ( d) of article 1 , after sub -clause ( ii ) , the following sub -clause shall be inserted , namely: -
Amend- ment of Schedule II .
" ( ii -A ) under article 226 of the Constitu- Fifty rupees . ". tion of India other than petitions for habeas corpus and petitions arising out of criminal proceedings .
4. ( 1 ) Notwithstanding anything contained in the principal Act or in the principal Act as amended by this Act , fees shall be levied in suits or other proceedings instituted on or after the 31st day of October , 1966 , and pending immediately before the 7th October , 1967 , in the High Court of Delhi by virtue , and in the exercise , of its or- dinary original civil jurisdiction as if the principal Act , as amended by this Act , had been in force on the respective dates on which such suits or proceedings were instituted.
Levy of fees In certain suits , etc. , instituted before com- mence- ment of this Act.
(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 7th October , 1967, shall be deemed to have been levied in accordance with law SEC . 1 ]
THE GAZETTE OF INDIA EXTRAORDINARY 347
7 of 1967 .
5. ( 1 ) The Court- fees ( Delhi Amendment ) Ordinance , 1967 , is hereby repealed .
Repeal and saving.
(2 ) Notwithstanding such repeal , anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the correspond- ing provision of the principal Act as amended by this Act as if this Act had commenced on the 7th October , 1967.
V. N. BHATΤΙΑ , Secy . to the Govt . of India .
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , 1967.