Ranchi: State govt has initiated steps to replace the Court Fees Act, 1870, with a state-specific law, citing several legal and practical limitations in the colonial-era legislation.Sources said the existing Act lacks a state-specific framework and does not adequately provide concessions to economically weaker and deprived sections. It also has no clear provision for refunding court fees when disputes are settled through alternative dispute resolution mechanisms.Officials said the Act has shortcomings relating to transparency and uniformity in fee assessment and does not cater to the requirements of the modern digital judicial system.State govt has prepared a draft law proposing a rational, progressive and value-based fee structure, with a reasonable ceiling on court fees. It also provides for a transparent and objective assessment system, e-payment and other digital transactions, an effective refund mechanism and adequate concessions for weaker sections.Officials said the draft incorporates relevant provisions and best practices from modern court fee laws enacted by West Bengal, Andhra Pradesh, Karnataka and other states.“The old Act is no longer relevant to present-day socio-economic needs. The Supreme Court, in Kanwar Lal vs additional district judge, Nainital, clarified that state govts are competent to amend or repeal the Act,” a govt resolution said.The resolution noted that Andhra Pradesh, Kerala, Tamil Nadu, Rajasthan, Himachal Pradesh, West Bengal, Jammu & Kashmir, Maharashtra and Gujarat have enacted their own court fee laws.A senior state govt official said the cabinet has approved the draft proposal. “It will now be sent to the law department for further processing. Subsequently, it will require the approval of the state assembly and governor before it becomes law,” the official said.
