
Penalty for Illegal Stamp Sales and Rule-Making Powers (Section 70, 71 & 72)
Section 70: Punishment for Selling Stamps Illegally
Court fee stamps are controlled strictly under the law. Only those in charge can sell them. Whoever is appointed for selling stamps, but does not do so in accordance with rules, can be punished. They can be sent to jail for six months at most, can be fined a maximum of five hundred rupees, or be both jailed and fined. If any unauthorized individual sells or attempts to sell stamps, he will receive the same penalty. For instance, if a government-unlicensed shopkeeper attempts to sell court fee stamps, he can be detained and penalized.
Section 71: Power of High Court to Make Rules
The High Court possesses the power of making rules regarding court fees and the manner in which legal proceedings are conducted. It can determine the charges for serving and enforcing legal orders in various courts. The High Court also regulates the payment of process servers, who serve court orders. It makes sure that every district judge and magistrate has the appropriate number of process servers. The law also mandates courts to exhibit a table indicating the charges for these services in English and Hindi. But even then, the State Government has to approve them. Once they are approved, they are published in the official Gazette and become law.
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Section 72: Power of Board of Revenue to Make Rules
The Board of Revenue too has the power to make rules, but only subject to approval from the State Government. They cover the charges for serving and executing orders made by revenue courts. The Board also controls the payment of process servers and makes sure there are sufficient of them to perform their work. Collectors can also make the decision to hire how many individuals are to be employed for this purpose. These regulations, upon being approved by the State Government, are released in the Government Gazette and are made a part of the law.
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These divisions ensure that court fee stamps are marketed appropriately, legal fees are controlled, and the judicial process is efficient.