Chapter IV
PROCESS FEES
20. Rules as to costs of processes.
20. Rules as to costs of processes.—The High Court shall, as soon as may be, make rules as to the following matters:—
(i) the fees chargeable for serving and executing processes issued by such court in its appellate jurisdiction and by the other Civil and Revenue Courts established within the local limits of such jurisdiction;
(ii) the fees chargeable for serving and executing processes issued by the Criminal Courts established within such limits in the case of offences other than offences for which police-officers may arrest without a warrant; and
(iii) the remuneration of the peons and all other persons employed by leave of a court in the service or execution of processes.
The High Court may from time to time alter and add to the rules so made.
Confirmation and publication of rules.—All such rules, alterations and additions shall, after being confirmed by the State Government [i][* * *], be published in the Official Gazette, and shall there-upon have the force of law.
Until such rules shall be so made and published, the fees now leviable for serving and executing processes shall continue to be levied, and shall be deemed to be fees leviable under this Act.
21. Tables of process fees.
21. Tables of process fees.—A table in the English and Vernacular languages, showing the fees chargeable for such service and execution, shall be exposed to view in a conspicuous part of each Court.
22. Number of peons in District and subordinate Courts.
22. Number of peons in District and subordinate Courts.—Subject to rules to be made by the High Court and approved by the State Government [ii][* * *],
every District Judge and every Magistrate of a District shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued out of his Court and each of the courts subordinate thereto.
Number of peons in Mofussil Small Cause Courts.—and for the purpose of this section, every Court of Small Causes established under Act No. 11 of 1865 (to consolidate and amend the law relating to Courts of Small Causes beyond the local limits of the ordinary original civil Jurisdiction of the High Courts of Judicature)[iii] shall be deemed to be subordinate to the Court of the District Judge.
23. Number of peons in Revenue Courts.
23. Number of peons in Revenue Courts.—Subject to rules to be framed by the Chief Controlling Revenue-Authority and approved by the State Government, [iv][* * *] every officer performing the functions of a Collector of a District shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued out of his Court or the Courts subordinate to him.
24. Process served under this Chapter to be held to be process within meaning of Code of Civil Procedure.
24. Process served under this Chapter to be held to be process within meaning of Code of Civil Procedure.—[v][Rep. by the Amending Act, 1891 (12 of 1891), S. 2 and Sch. 1]
References
[i] The words “and sanctioned by the Governor General of India in Council” rep. by Act 38 of 1920, S. 2 and Sch. I.
[ii] The words “and the Governor General of India in Council” rep. by Act 38 of 1920, S. 2 and Sch. I.
[iii] The reference to Act 11 of 1865 should now be read as referring to the Provincial Small Cause Courts Act, 1887 (9 of 1887); see S. 2(3) of that Act.
[iv] The words “and the Governor General of India in Council” rep. by Act 38 of 1920, S. 2 and Sch. I.
[v] Repealed by the Amending Act, 1891 (12 of 1891), S. 2 and Sch. 1.
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