THE NORTH-WEST FRONTIER PROVINCE COURT FEES (ABOLITION) ORDINANCE 1978. 26th August, 1978 N.W.F.P. ORDINANCE NO. XIV 1978. AN ORDINANCE to provide for the abolition of court fee in respect of certain cases.
AND WHEREAS the Governor of the North-West Frontier Province is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (C.'M. L. A. Order No. I of 1977), and in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance;
Short title, extent and commencement.
(2) It extends to the whole of the North-West Frontier Province. (3) It shall come into force at once, and be deemed to have taken effect on and from 1st August, 1978.
(a) any criminal case; and (b) any case of civil nature the value of the subject matter whereof, or relief claimed wherein, does not exceed twenty-five thousand rupees. 2(2- A. Payment of court fees at punitive rate.—If in a case of civil nature falling under clause (b) of section 2, the Court is of opinion that the claim or any part of it was false and either frivolous or vexatious the Court shall by order in writing, if the party by whom the claim was preferred is present,
call upon him forthwith to show cause why he should not pay court fee on the entire claim or, as the case may be, part thereof at double the rate which would, but for section 2, have been leviable in such a case under the Court Fees Act, 1870 (VII of 1870,) or, if such party as is not present, direct issue of a summons to him to appear and show cause as aforesaid. (2) The Court shall record and consider any cause which such party may show and if the Court is satisfied that the claim was false and either frivolous or vexatious shall, for reasons to be recorded, direct that the court fees on the entire claim or, as the case may be, part thereof, at the rate specified in sub-section (1) above, shall be paid by such party. (3) The order for payment of court fee as aforesaid shall be in addition to and not in derogation of any other order which the Court may deem fit to make in the circumstances of the case. (4) A copy of the order made under sub-section (2) shall be sent by the Court to the Collector of the District in which the party against whom order is made resides or ordinarily works for gain, and the Collector shall direct the party concerned to pay the court fee within one month of the making of the order by him, failing which, the Collector shall proceed to recover the court fee as arrears of land revenue.)
3. If any court fee has been paid after 31st July, 1978, by any person in respect of any case specified in section 2, the same shall, on application by any such person to the Deputy Commissioner of the District concerned, be refunded to him.