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Section 66 of The Presidency Small Cause Courts Act, 1882

No costs of any distress under this Chapter shall be taken or demanded except those mentioned in the part (marked E) of the Third Schedule hereto annexed. 1 * * * * *

Summary

This section strictly limits the fees and costs that can be charged for seizing a tenant's property.
It outlaws demanding or taking any costs for a property seizure other than those listed in the Act.
The only permissible costs are those set out in part E of the Third Schedule of the Act.

Practical examples

1Dev, a tenant, owes twenty rupees in rent, and his landlord obtains a warrant to seize his bicycle. After the bicycle is seized, the court officer demands that Dev pay ten rupees for the paperwork. Dev checks part E of the Third Schedule of the Act, which caps the total cost for a twenty-rupee debt at less than four rupees. Dev refuses to pay the extra ten rupees, and the officer is legally barred from taking it.

2A landlord named Hari wants the court bailiff to charge a tenant an extra five rupees for storing a seized sewing machine. The bailiff informs Hari that under the Act, they cannot demand any storage fee or other cost unless it is specifically listed in part E of the Third Schedule.

FAQ

1. Can a landlord demand extra service fees for a property seizure under Section 66 of the Presidency Small Cause Courts Act, 1882?

No, under Section 66 of the Presidency Small Cause Courts Act, 1882, no costs of any distress can be demanded or taken unless they are explicitly authorized in part E of the Third Schedule.

2. Where are the legal costs for property seizures listed under Section 66 of the Small Cause Courts Act?

Under Section 66 of the Small Cause Courts Act, the only legal costs that can be demanded are those mentioned in part E of the Third Schedule annexed to the Act.

3. What does Section 66 of the Presidency Small Cause Courts Act say about unauthorized costs?

Section 66 of the Presidency Small Cause Courts Act completely bars anyone from taking or demanding any costs for a property seizure that are not listed in part E of the Third Schedule.

Test yourself

Q1.Under Section 66 of the Presidency Small Cause Courts Act, 1882, where is the exclusive scale of fees for property seizures located?

Q2.If a court officer demands a fee not mentioned in the official schedule for executing a distress warrant, what is the legal consequence under Section 66 of the Small Cause Courts Act?

Q3.Which of the following is true regarding property seizure costs under Section 66 of the Presidency Small Cause Courts Act?

Q4.Under Section 66 of the Small Cause Courts Act, who is prohibited from demanding costs outside of those mentioned in the Third Schedule?

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