PRESIDENCY SMALL CAUSE COURTS (GUJARAT AMENDMENT) ACT, 1968
GUJARAT ACT NO. 5 OF 1969.
(First published, after having received the assent of the President in the “Gujarat Government Gazette” on the 9th April 1969.)
An Act further to amend the Presidency Small Cause Courts Act, 1882, in its application to the State of Gujarat.
It is hereby enacted in the Nineteenth Year of the Republic of India as follows:-
Short title and commencement.
1. (1) This Act may be called the Presidency Small Cause Courts (Gujarat Amendment) Act, 1968.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Amendment of section 18 of Act XV of 1882.
2. In section 18 of the Presidency Small Cause Courts Act, 1882 (hereinafter referred to as “the principal Act”) for the words “two thousand rupees” wherever they occur, the words “three thousand rupees” shall be substituted.
Amendment of section 20 of Act XV of 1882.
3. In section 20 of the principal Act, for the words “two thousand rupees” wherever they occur, the words “three thousand rupees” shall be substituted.
Amendment of section 22 of Act XV of 1882.
4. In section 22 of the principal Act, in clause (b), for the words “two thousand rupees” the words “three thousand rupees” shall be substituted.
Amendment of section 41 of Act XV of 1882.
5. In section 41 of the principal Act, for the words “two thousand rupees” the words “three thousand rupees” shall be substituted.
Amendment of Third Schedule to Act XV 1882.
6. In the Third Schedule to the principal Act, for Part E, the following shall be substituted, namely:—
(See section 66)
In the Small Cause Court for
SCALE OF FEES TO BE LEVIED IN DISTRAINTS FOR HOUSE RENT
Sums sued for
|
Affidavit and warrant to distrain
|
Order to sell
|
Commission
|
Total
|
Rs.
|
|
Rs.
|
Rs. paise
|
Rs. paise
|
Rs. paise
|
Rs. paise
|
1
|
and under
|
5
|
0.25
|
0.50
|
0.50
|
1.25
|
5
|
”
|
10
|
0.50
|
0.50
|
1.00
|
2.00
|
10
|
”
|
15
|
0.50
|
0.50
|
1.50
|
2.50
|
15
|
”
|
20
|
0.50
|
1.00
|
2.00
|
3.50
|
20
|
”
|
25
|
0.75
|
1.00
|
2.50
|
4.25
|
25
|
”
|
30
|
1.00
|
1.00
|
3.00
|
5.00
|
30
|
”
|
35
|
1.00
|
1.00
|
3.50
|
5.50
|
35
|
”
|
40
|
1.00
|
1.50
|
4.00
|
6.50
|
40
|
”
|
45
|
1.25
|
2.00
|
4.50
|
7.75
|
45
|
”
|
50
|
1.50
|
2.00
|
5.00
|
8.50
|
50
|
”
|
60
|
2.00
|
2.00
|
6.00
|
10.00
|
60
|
”
|
80
|
2.50
|
2.50
|
6.50
|
11.50
|
80
|
”
|
100
|
3.00
|
3.00
|
7.00
|
13.00
|
Upwards of
|
100
|
3.00
|
3.00
|
7 per centum
|
The above scale includes all expenses, except in suits where the tenant disputes the landlord’s claim, and witnesses have to be sub-poenaed, in which case each sub-poena for sums under Rs. 40 must be paid for at twenty five paise each, and seventy five paise above that amount; and also where peons are kept in charge of property distrained, such fee not exceeding seventy five paise per day as may be fixed by the Registrar of the Small Cause Court must be paid per man.”.
Substitution of Fourth Schedule by a new one in Act XV of 1882.
7. For the Fourth Schedule to the principal Act, the following shall be substituted, namely: —
“THE FOURTH SCHEDULE
(See section 72)
FEES FOR SUMMONSES AND OTHER PROCESSES.
When the amount or value of the subject matter exceeds
|
But does not exceed
|
Fee for summonses
|
Fee for other processes
|
Rs.
|
Rs.
|
Rs. paise
|
Rs. paise
|
0
|
10
|
0.15
|
0.15
|
10
|
20
|
0.25
|
0.25
|
20
|
50
|
0.50
|
0.50
|
50
|
100
|
1.00
|
1.00
|
100
|
200
|
1.25
|
2.00
|
200
|
300
|
1.50
|
3.00
|
300
|
400
|
1.75
|
4.00
|
400
|
500
|
2.00
|
5.00
|
500
|
600
|
2.25
|
6.00
|
600
|
700
|
2.50
|
7.00
|
700
|
800
|
2.75
|
8.00
|
800
|
900
|
3.00
|
9.00
|
900
|
1,000
|
3.25
|
10.00
|
1,000
|
1,100
|
3.40
|
10.50
|
1,100
|
1,200
|
3.50
|
11.00
|
1,200
|
1,300
|
3.65
|
11.50
|
1,300
|
1,400
|
3.75
|
12.00
|
1,400
|
1,500
|
3.90
|
12.50
|
1,500
|
1,600
|
4.00
|
13.00
|
1,600
|
1,700
|
4.15
|
13.50
|
1,700
|
1,800
|
4.25
|
14.00
|
1,800
|
1,900
|
4.40
|
14.50
|
1,900
|
2,000
|
4.50
|
15.00
|
2,000
|
2,100
|
4.65
|
15.50
|
2,100
|
2,200
|
4.75
|
16.00
|
2,200
|
2,300
|
4.90
|
16.50
|
When the amount or value of the subject matter exceeds
|
But does not exceed
|
Fee for summonses
|
Fee for other processes
|
Rs.
|
Rs.
|
Rs. paise
|
Rs. paise
|
2,300
|
2,400
|
5.00
|
17.00
|
2,400
|
2,500
|
5.15
|
17.50
|
2,500
|
2,600
|
5.25
|
18.00
|
2,600
|
2,700
|
5.40
|
18.50
|
2,700
|
2,800
|
5.50
|
19.00
|
2,800
|
2,900
|
5.65
|
19.50
|
2,900
|
3,000
|
5.75
|
20.00”
|
|
