Section 34 of the Court Fees Act 1870 - Sale of Stamps

Section 34 of the Court-Fees Act, 1870 deals with the regulation of the sale of stamps used for payment of court fees. It authorises the appropriate Government to prescribe who may sell such stamps, the conditions governing their sale, and the duties and remuneration of authorised sellers.

Current-law note: The central text of the Court-Fees Act, 1870 continues to contain Section 34 under Chapter VI, titled "Sale of stamps". Court-fee law is also affected by State and Union Territory amendments and local rules. For an actual filing or stamp transaction, the applicable local law and current notification should therefore be checked.

Text and meaning of Section 34

Section 34(1): The appropriate Government may, from time to time, make rules regulating the sale of stamps used under the Act. Such rules may specify the persons authorised to conduct the sale and may regulate their duties and remuneration.

Section 34(2): Rules made under the section must be published in the Official Gazette. Upon publication, the rules have the force of law.

Section 34(3): An appointed stamp seller who disobeys a rule made under Section 34, or a person who is not appointed but sells or offers to sell a stamp, is liable to imprisonment for a term extending to six months, or fine extending to five hundred rupees, or both, subject to any applicable amendment in the relevant jurisdiction.

What does "appropriate Government" mean?

In Section 34, the expression identifies the Government having rule-making authority for the relevant application of the Act. The provision was historically amended to substitute the expression "appropriate Government" for the earlier terminology. Because court-fee administration and amendments can vary by jurisdiction, users should verify the rules and notifications applicable in the State or Union Territory concerned.

Purpose of Section 34

The provision creates a controlled system for the sale of court-fee stamps. It enables the Government to restrict sale to authorised persons, prescribe conditions governing stamp vendors, and give statutory force to rules after publication in the Official Gazette.

Sale of court-fee stamps may be regulated by Government rules.
The Government may determine who is authorised to sell the stamps.
Rules may regulate the duties and remuneration of authorised sellers.
Publication in the Official Gazette gives the rules legal force.
Unauthorised sale, or breach of applicable rules by an appointed seller, attracts the penalty stated in sub-section (3), subject to jurisdiction-specific amendments.

Related provisions

Section 34 should be read with the provisions governing collection and use of court-fee stamps, including Section 25 - Collection of fees by stamps, Section 26 - Stamps to be impressed or adhesive, Section 27 - Rules for supply, number, renewal and keeping accounts of stamps, and Section 30 - Cancellation of stamp.

Legislative history

The earlier Section 34 was substituted by Act 12 of 1891, section 3 and the First Schedule. The expression referring to the former "Local Government" was later replaced through the Adaptation of Laws Order, 1937. These historical notes were retained in the source page and remain useful for understanding the provision's legislative development.

Official legal source

For the central Act, refer to the official India Code portal and search for "The Court-Fees Act, 1870". Users should also consult the relevant State or Union Territory Gazette, rules and amendments where applicable.

This page is an informational explanation of the central provision and is not a substitute for checking the law applicable to a particular jurisdiction or proceeding.