Section 36 of the Court Fees Act 1870: Saving of Fees to Certain Officers of High Courts
Section 36 of the Court Fees Act, 1870 is a saving provision concerning specified commissions and fees received by certain High Court officers. It limits the application of Chapters II and V of the Act to the payments described in the section.
Text of Section 36
Nothing in Chapters II and V of this Act applies to the commission payable to the Accountant General of the High Court at Fort William, or to the fees which any officer of a High Court is allowed to receive in addition to a fixed salary.
Meaning and scope of Section 36
The section operates as an exception or saving clause. In substance, it provides that the provisions contained in Chapters II and V of the Court Fees Act do not govern the commission payable to the specified Accountant General or additional fees which a High Court officer is permitted to receive over and above a fixed salary.
The expression "saving" in this context preserves the specified commission and additional fees from the operation of those chapters. Section 36 should therefore be read with the relevant provisions of Chapters II and V and with any applicable state amendments when determining court-fee consequences in a particular jurisdiction.
Haryana state amendment
The source page records the Haryana amendment inserting Section 37 after Section 36 by Haryana Act 22 of 1974, section 3. The inserted provision concerns fees in the High Court of Punjab and Haryana.
Nothing contained in Schedules I and II to this Act shall apply to the High Court of Punjab and Haryana and the provisions in that behalf applicable immediately before the 1st day of November, 1966, shall continue to apply to the said High Court.
Practical note: Court-fee legislation has state amendments and local application. Before calculating or filing court fees, check the text and rules applicable in the relevant State or High Court.
Official legal source
For the central statutory text and amendments reflected in the official compilation, see the Court Fees Act, 1870 on India Code.
Related provisions
Section 36 follows Section 35 - Power to reduce or remit fees. For the broader statutory scheme, see the Court Fees Act 1870 overview.