Section 22 of the Court Fees Act, 1870 - Number of Peons in District and Subordinate Courts

Section 22 forms part of the provisions dealing with process-fees. It concerns the staffing required for the service and execution of processes issued by District Courts and their subordinate Courts.

Act:
The Court-Fees Act, 1870 (Act 7 of 1870)

Provision:
Section 22 - Number of peons in District and subordinate Courts

Text and effect of Section 22

Subject to rules made by the High Court and approved by the State Government, every District Judge and every Magistrate of a district is to fix, and may from time to time alter, the number of peons necessary for the service and execution of processes issued out of that Court and the Courts subordinate to it.

For this purpose, the provision also treats the specified Small Cause Courts as subordinate to the Court of the District Judge.

Meaning of the provision

In practical terms, Section 22 is an administrative provision connected with court process service. The expression process generally refers in this context to formal court process requiring service or execution. The number of personnel required for that work is not permanently fixed by the section itself. Instead, the District Judge or District Magistrate fixes or alters the number, subject to the governing High Court rules and State Government approval contemplated by the section.

Small Cause Courts reference

The original provision referred to Courts of Small Causes established under Act 11 of 1865. The statutory note states that this historical reference is now to be read as referring to the Provincial Small Cause Courts Act, 1887 (Act 9 of 1887), in view of section 2(3) of that Act.

Legislative note

The words referring to approval by the Governor General of India in Council were omitted by the Devolution Act, 1920 (Act 38 of 1920), section 2 and the First Schedule. The present central text refers to rules made by the High Court and approved by the State Government.

State amendments: Court-fee law has been amended or adapted in different States. For a proceeding in a particular State, the applicable State amendment, rules and current High Court practice should also be checked.

Official legal source

For the current central text of the Court-Fees Act, 1870, see the India Code - Court-Fees Act, 1870. The official India Code record identifies it as Act 7 of 1870, enacted on 11 March 1870 and brought into force on 11 April 1870.

Related provisions

Section 21 concerns tables of process-fees. Section 23 concerns the number of peons in Revenue Courts. Sections 24 onward deal with further matters relating to process-fees and the mode of levying fees.