Section 65, 65A & 65B: Government's Power to Reduce, Exempt, and Refund Court Fees
The Rajasthan Court Fees and Suits Valuation Act, 1961 provides the State Government with the authority to remit, waive, or refund court fees in specified cases. It benefits individuals who may be unable to afford excessive legal expenses.
According to Section 65, the government can issue a notification in the official Gazette to reduce or abolish any court fees in the entire state or in particular areas. This implies that if the government is of the opinion that individuals in a specific region or scenario do not need to pay court fees, it can reduce or abolish the fees. If necessary, the government can also alter or revoke these exemptions subsequently.
Section 65A provides the government with the powers to exempt individuals from paying court fees in regard to specific classes of cases. This is granted in the interests of the public. For instance, if the government makes the decision that farmers who have cases regarding land need not pay court fees, they can issue the exemption under this section.
Section 65B says that if a case is referred for settlement under Section 89 of the Code of Civil Procedure, 1908, and is settled amicably outside the court, the plaintiff (party who initiated the case) can retrieve the entire court fee. This motivates individuals to settle matters through other means such as mediation and arbitration rather than pursuing long court cases. For example, when two business partners fall out about profits and they resolve the issue through mediation, the individual who paid the court fee is entitled to a refund.
Section 66: Collection of Court Fees Through Stamps
Section 66 states that any court fee payable in Rajasthan is to be received through stamps. The stamps could either be impressed (printed upon the document) or adhesive (stickers that are affixed to the document). The state government may choose the nature of the stamp and publish it by way of official Gazette. In this manner, the fees can be collected in a proper fashion and accounted for.
For instance, if one brings a case in a district court, they will have to purchase a court fee stamp and affix it to the petition before filing.
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Section 67: No Additional Stamp for Minor Corrections
At times, a legal document must be rectified because of an error. According to Section 67, if a document is already stamped as required and subsequently altered only to rectify an error, a fresh stamp is not necessary. The correction should not alter the primary content or purpose of the document, though.
For instance, when a name is incorrectly spelled in a will and a court permits the correction, one does not need to pay for a new stamp. But if the correction alters the legal entitlements in the instrument, new stamp duty might be payable.
These provisions make sure that court charges are reasonably controlled and permit refunds or waivers in exceptional situations, making the judicial system more accessible to the public.
