Section 73 & 74: Rule-Making Power and Repeal of Old Laws in Rajasthan Court Fees Act

Section 73: State Government’s Power to Make Rules

The Rajasthan Court Fees and Suits Valuation Act, 1961, authorizes the State Government to make rules concerning court fees and the use of stamps. Under Section 73, the government may notify the said rules in the Gazette. Such rules deal with different aspects such as the supply, use, and sale of stamps used under this Act.

For instance, if the government makes a decision that only approved vendors are allowed to sell court fee stamps, it can make a regulation for that. Likewise, if a stamp is spoiled because of mishandling, the regulations can specify how an individual can obtain an allowance for such spoiled stamps.

After these rules are enacted, they have to be laid before the State Legislature for a minimum of fourteen days. If the Legislature amends or rejects any rule during this period, the rule will be amended or repealed accordingly. But any action taken under the previous rule prior to its amendment will continue to be valid.

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Section 74: Repeal and Saving of Previous Laws

Section 74 of the Act revokes previous legislation concerning court fees and suit valuation in Rajasthan. It revises particularly the Rajasthan Court Fees Act (Adaptation) Ordinance, 1950, and the Rajasthan Suit Valuation Act, 1958, and any amendments that may have been made thereto. In their place, the Rajasthan General Clauses Act, 1955, shall be applicable to such repeals.

Despite the repeal of these older laws, they shall continue to operate in respect of matters pending before any court or any authority immediately before the coming into operation of this Act. Therefore, if a person filed a suit prior to the enforcement of this Act, the older laws shall still apply to the fee and procedure for such a case.

For example, if someone had appealed under the previous court fee regime, the new Act will not alter the fees they have already paid. Their case will be dealt with according to the rules that were in place when they filed. This is to ensure legal proceedings are fair and consistent.