Section 24 of the Court Fees Act 1870 - Repealed Provision and Uttar Pradesh Section 24-A

Section 24 of the Court Fees Act, 1870 is no longer an operative provision of the central Act. The former section dealt with process served under the relevant chapter and was repealed by the Repealing and Amending Act, 1891. A distinct Uttar Pradesh state amendment contains Section 24-A concerning administrative control over the levy of court fees.

Current legal position: The central Section 24 is repealed. It should therefore not be presented as a current substantive power relating to a Court Fee and Stamp Commissioner. The Uttar Pradesh provision discussed below is a state amendment and should be read subject to the law currently applicable in that State.

What did Section 24 provide?

The historical Section 24 concerned process served under the chapter and treated such process as process within the meaning of the procedural law then applicable. The provision was repealed by Section 3 and the First Schedule to the Repealing and Amending Act, 1891 (Act 12 of 1891).

Meaning of repeal

A repealed section is a provision that has been removed from the operative statutory text by subsequent legislation. Accordingly, Section 24 should be identified as repealed when describing the present central Court Fees Act, 1870.

Uttar Pradesh state amendment - Section 24-A

The material previously published on this page also records an Uttar Pradesh amendment inserting or substituting Section 24-A. This is separate from the repealed central Section 24.

Section 24-A - Control of Court Fee and Stamp Commissioner

Sub-section (1): The levy of fees under the Act is placed under the general control and superintendence of the Chief Controlling Revenue Authority. For supervision, that authority may be assisted by the Commissioner of Stamps, Additional Commissioners of Stamps, Deputy Commissioners of Stamps, Assistant Commissioners of Stamps, and such other subordinate agency as may be appointed for the purpose.

Sub-section (2): The officers and agency referred to in sub-section (1) are given access to records and are to be furnished with information required for performance of their duties under the Act.

The state-amendment reference carried in the source page is Uttar Pradesh Act 6 of 1980, Section 5. State amendments to court-fee law can materially affect the applicable rule, authority, valuation, levy, exemptions, and procedure. The law applicable in the relevant State or Union Territory should therefore be checked before relying on a provision.

Chief Controlling Revenue Authority

In the context of the Uttar Pradesh amendment reproduced above, the expression refers to the revenue authority exercising general control and superintendence over the levy of fees under the Act. The administrative officers specified in Section 24-A assist in supervision and may obtain records and information for that purpose.

Practical relevance

For legal research, pleadings, court-fee objections, or administrative proceedings, it is important to distinguish between the repealed central Section 24 and the Uttar Pradesh Section 24-A. A citation to "Section 24" as though it presently creates the Uttar Pradesh supervisory structure would be inaccurate; the state provision is Section 24-A.

Official legal source

The current central text and amendment notes should be cross-checked with the official India Code publication of the Court Fees Act, 1870. State-specific amendments should additionally be verified from the relevant State legislation or official gazette before use in a proceeding.