Preamble
| [Kerala Act No. 6 of 1991] | |
An Act further to amend the Kerala Court Fees and Suits Valuation Act, 1959
Preamble.- Whereas it is expedient further to amend the Kerala Court-Fees and Suits Valuation Act, 1959, for the purposes hereinafter appearing;
Be it enacted in the Forty-first Year of the Republic of India as follows:-
Section 1. Short title and commencement
1. Short title and commencement.- (1) This Act may be called the Kerala Court-Fees and Suits Valuation (Amendment) Act, 1991.
(2) It shall be deemed to have come into force on the 5th day of December, 1990.
Section 2. Insertion of new section 4A
2. Insertion of new section 4A.- After section 4 of the Kerala Court-Fees and Suits Valuation Act, 1959 (10 of 1960) (hereinafter referred to as the principal Act), the following section shall be inserted, namely:-
"4A Levy offee at the time of institution of suit.- Notwithstanding any thing contained in any other provisions of this Act, the amount of fee to be paid on plaint at the time of institution of suit shall be one-tenth of the amount of fee chargeable under this Act and the balance amount shall be paid within such period, not later than fifteen days from the date of framing of issues or where framing of issues is not necessary, within such period not exceeding fifteen days as may be specified by the court:
Provided that the court may, for sufficient reasons to be recorded in writing, extend the period up to thirty days:
Provided further that if the parties settle the dispute within the period, specified or extended by the court for the payment of the balance amount, the plaintiff shall not be called upon to pay such balance."
Section 3. Amendment of section 7
3. Amendment of section 7.- In section 7 of the principal Act,-
(a) in sub-section (2), for the words "market value of land", the words "market value of agricultural land" shall be substituted;
(b) after sub-section (3) the following sub-section shall be inserted, namely:-
"(3A) The market value of any property other than agricultural land and building falling under sub-sections (2) and (3) shall be the value it will fetch on the date of institution of the suit."
Section 4. Amendment of Section 25
4. Amendment of Section 25.- In section 25 of the principal Act,-
(i) in clause (a), for the words "rupees three hundred", the words "rupees one thousand" shall be substituted;
(ii) in clause (b), for the words "rupees three hundred", the words "rupees one thousand" shall be substituted;
• in clause (c), for the words "rupees four hundred", the words "rupees one thousand" shall be substituted;
• in sub-clause (ii) of clause (d), for the words "rupees three hundred", the words "rupees one thousand" shall be substituted.
Section 5. Amendment of section 26
5. Amendment of section 26.- In section 26 of the principal Act, for items (i) and (ii), the following items shall be substituted, namely:-
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"(i) In a Munsiffs Court
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Rupees fifty if the market value of the property involved in or affected by the relief is Rs. 5000 or less.
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Rupees one hundred and fifty if it exceeds Rs. 5000 but does not exceed Rs. 15,000.
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(ii) In a Sub-Court or a District Court
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Rupees five hundred."
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Section 6. Amendment of section 27
6. Amendment of section 27.- In section 27 of the principal Act,-
• in clause (a), for the words "rupees one hundred and fifty", the words "rupees five hundred" shall be substituted;
• in clause (b), for the words "rupees two hundred", the words "rupees five hundred" shall be substituted;
• in clause (c), for the words "rupees one hundred and fifty", the words "rupees five hundred" shall be substituted;
• to clause (c) as so amended, the following proviso shall be added, namely:-
"Provided that where the relief sought by the plaintiff is in respect of money sought to be recovered from him such relief shall not, for the purpose of computation of fee, be valued at an amount less than one half of the amount sought to be so recovered".
Section 7. Amendment of section 30
7. Amendment of section 30.- In section 30 of the principal Act for the words "rupees three hundred", the words "rupees one thousand" shall be substituted.
Section 8. Amendment of section 31
8. Amendment of section 31.- In section 31 of the principal Act, for the words "rupees three hundred", the words "rupees one thousand" shall be substituted.
Section 9. Amendment of section 35
9. Amendment of section 35.- In sub-section (1) of section 35 of the principal Act, for the words "rupees three hundred", the words "rupees one thousand" shall be substituted.
Section 10. Amendment of section 37
10. Amendment of section 37.- In section 37 of the principal Act, in sub-section (2),-
(i) in item (i), for the words "Rupees twenty", the words "Rupees fifty" shall be substituted;
(ii) for item (ii) and the entries relating thereto the following shall be substituted, namely:-
"(ii) a Sub-Court or a District Court Rupees three hundred.".
Section 11. Amendment of section 45
11. Amendment of section 45.- In section 45 of the principal Act, for the words "rupees three hundred", the words "rupees one thousand" shall be substituted…
Section 12. Amendment of section 50
12. Amendment of section 50.- In section 50 of the principal Act, for items (i), (ii) and (iii) and the entries relating thereto the following shall, respectively be substituted, namely:-
"(i) In a Revenue Court-Rupees twenty-five
(ii) In a Munsiffs Court-Rupees fifty
• In a Sub-Court or-Rupees two hundred if the value of the a District Court subject matter is Rs. 25,000 or less; and rupees four hundred if the value of the subject matter is above Rs. 25,000."
Section 13. Amendment of section 52
13. Amendment of section 52.- In section 52 of the principal Act, after the existing proviso, the following provisos shall be added, namely:-
"Provided further that one third of the fee payable in an appeal shall be paid at the stage of admission of first appeal or second appeal as the case may be and the balance shall be paid within such period, not later than fifteen days from the date of such admission as may be specified by the court; in case the appeal is admitted:
Provided also that the court may; for sufficient reasons to be recorded in writing, extend the period up to thirty days".
Section 14. Amendment of section 69
14. Amendment of section 69.- To section 69 of the principal Act, the following proviso shall be added, namely:-
"Provided that no refund shall be ordered where only one-tenth of the amount of fee on plaint as required by section 4A or one-third of the amount of fee on memorandum of appeal as required by section 52 has been paid by the parties.".
Section 15. Amendment of section 72
15. Amendment of section 72.- • In section 72 of the principal Act-
i. in item (xvi), for the words "other than an application", the words "including an application" shall be substituted;
ii. after item (xxiii), the following items shall be inserted, namely:-
"(xxiv) petition in a suit under the Native Converts Marriage Dissolution Act, 1866 (Central Act 21 of 1866);
• petition, plaint or memorandum of appeal when presented to a court under the Dissolution of Muslim Marriages Act, 1939 (Central Act 8 of 1939);
• petition under the Indian Divorce Act, 1869 (Central Act 4 of 1869) excluding petition under section 44 of that Act, and every memorandum of appeal under section 55 of that Act;
• plaint or memorandum of appeal under the Parsi Marriage and Divorce Act, 1936 (Central Act 3 of 1936) or a counter claim made under section 37 of that Act;
• petition under sections 22, 23, 27 or 28 of the Special Marriage Act, 1954 (Central Act 43 of 1954);
• petition under sections 9, 10 or 13 of the Hindu Marriage Act, 1955 (Central Act 25 of 1955);
• undertaking under section 49 of the Indian Divorce Act, 1869 (Central Act 4 of 1869);
• petition to the High Court under article 226 of the Constitution for a writ or a petition under article 227 of the Constitution;
• application for leave to sue as a pauper;
(xxxiii) application for leave to appeal as a pauper.",
Section 16. Amendment of section 74
16. Amendment of section 74.- • In sub-section (1) of section 74 of the principal Act,-
(a) for clause (ii), the following clause shall be substituted, namely:-
"(ii) suits instituted by a member of a Scheduled Caste or a Scheduled Tribe whose annual income does not exceed rupees twelve thousand and the amount of the claim does not exceed rupees fifteen thousand.";
(b) in clause (iii), for the words "monthly income", "one hundred rupees" and "one thousand rupees", the words "annual income", "twelve thousand rupees" and "fifteen thousand rupees" shall respectively be substituted;
(c) in clause (vi), for the words "monthly income" and "one hundred rupees", the words "annual income" and "twelve thousand rupees" shall, respectively, be substituted;
(d) the Explanation under clause (vi) shall be omitted;
(e) after clause (vi), the following clauses shall be inserted, namely:-
"(vii) suits by workmen against their employers in matters arising from their employment;
• suits for recovery of compensation arising out of accidents, filed by the injured where the claim does not exceed rupees fifty thousand and filed by the legal heirs of the deceased in such accidents where the claim does not exceed rupees One lakh;
• suits by associations or societies registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 (Act XII of 1955) or the Societies Registration Act, 1860 (Central Act 21 of 1860), with one of their objects as protection of public interest in the matter of environment, consumer protection, adulteration of food stuffs, or other similar matter against the offenders, where the subject matter of the suit relates to any of the above matters and the court finds that there is prima facie case of public interest;
• suits filed by "Poor" persons' as defined in the Rules relating to legal aid to the poor applicable in the State from time to time, when the claim does not exceed rupees fifteen thousand;
• suits by any person serving in the Armed Forces, where the claim does not exceed rupees fifteen thousand;
• suits by ex-servicemen whose annual income does not exceed rupees twelve thousand and the claim does not exceed rupees fifteen thousand;
• suits by unemployed handicapped persons whose annual income does not exceed rupees twelve thousand and the claim does not exceed rupees fifteen thousand.".
Section 17. Amendment of Schedule I
17. Amendment of Schedule I.- In Schedule I of the principal Act,-
(a) in article 1, for items (i) ‘to (iv) in column (2) and the entries relating thereto in column (3), the following items and entries shall respectively be substituted, namely:-
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•
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does not exceed one hundred rupees
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Two rupees
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•
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exceeds one hundred rupees, for every one hundred rupees, or part thereof, in excess of one hundred rupees up to fifteen thousand rupees
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Two rupees
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•
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exceeds fifteen thousand rupees, for every one hundred rupees, or part thereof, in excess of fifteen thousand rupees up to fifty thousand rupees
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Five rupees
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•
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exceeds fifty thousand rupees, for every one hundred rupees, or part thereof, in excess of fifty thousand rupees up to rupees ten lakhs
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Seven rupees and fifty paise
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•
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exceeds rupees ten lakhs, for every one hundred rupees, or part thereof, in excess of rupees ten lakhs up to rupees ten million
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Five rupees
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•
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exceeds rupees ten million, for every one hundred rupees, or part thereof, in excess of rupees ten million
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Fifty paise."
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(b) for articles 6 and 7 and the entries relating thereto the following articles and entries shall, respectively, be substituted, namely:-
"6. Probate of a will or letters of administration with or without will annexed-
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(i) When the amount or value of the estate in respect of which the grant of probate or letters is made does not exceed rupees ten million
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One percentum on such amount or value
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(ii) When such amount or value exceeds rupees ten million
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Half percentum on such amount or value.
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7. Certificate under the Indian Succession Act, 1925 (Central Act 39 of 1925),-
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(i) Where the amount or value of the debt or security or the aggregate amount or value of debt and securities specified in the certificate does not exceed rupees ten million
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One percentum on such amount or value
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(ii) Where such amount or value exceeds rupees ten million
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Half percentum on such amount or value.".
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Section 18. Amendment of Schedule II
18. Amendment of Schedule II.- In schedule II of the principal Act,-
(1) articles 1 and 2 and the entries relating thereto in columns (2) and (3) shall be omitted;
(2) in article 3, for items (i) and (ii) in column (2) and the entries relating thereto in column (3), the following shall be substituted, namely:-
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"(i) to any court other than the High Court or to the Board of Revenue or the Chief Executive Authority or to any Executive Officer:
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Five rupees";
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• in article 4, for items (i) and (ii) in column (2) and the entries relating thereto in column (3) the following items and entries shall be substituted, namely:-
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"(i) Where the appeal is from an order of a Munsiffs Court or an order of a superior court in a case where the value for the purpose of jurisdiction does not exceed rupees fifteen thousand.
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Twenty five rupees"
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(ii) in other-cases where the amount or value of the subject matter-
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(a) does not exceed rupees one lakh, for every hundred rupees, or part thereof, upto rupees one lakh.
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One rupee
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(b) exceeds rupees one lakh, for every hundred rupees, or part thereof, in excess of rupees one lakh upto rupees five lakhs.
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Two rupees
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(c) exceeds rupees five lakhs, for every hundred rupees, or part thereof, in excess of rupees five lakhs
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fifty paise";
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(4) for article 5 and the entries relating thereto in columns (2) and (3) the following article and entries shall be substituted, namely:-
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"5 copy or translation of a judgement or order not being or having the force of a decree passed by the High Court, or by any civil court or by the Presiding Officer of any Revenue Court or office or by any other court or Judicial or executive authority.
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One rupee
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(5) in article 6, for the words "Fifty paise" against it in column (3) the words "One rupee" shall be" substituted;
(6) for article 7 and the entries relating thereto in columns (2) and (3) the following article and entries shall be substituted, namely:-
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"7. Copy of a decree or order, having the force force of a decree, made by the High Court or aoror any other court
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One rupee";
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(7) in article 10,-
(1) for items (i) and (ii) of clause (f) in column (2) and the entries relating thereto in column (3), the following items and entries shall, respectively, be substituted, namely:-
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"(i) if the value of the subject matter of the lease is rupees Twenty five thousand or less
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Twenty five rupees
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(ii) if such value exceeds rupees twenty five thousand, for every rupees thousand or part thereof, in excess of rupees twenty five thousand
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Ten rupees";
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(2) Clause (h) in column (2) and the entries relating thereto in column (3) shall be omitted;
(3) for the words "two rupees" and "one rupee" in column (3) against items (i) and (ii) of clause (j) in column (2), the words "Five rupees" and "Two rupees" shall, respectively, be substituted;
(4) for clause (k) in column (2) and the entries relating thereto in column (3), the following clause and the entries shall, respectively, be substituted, namely:-
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"(k) Application or petition not falling under clauses (i) or (j) and presented to a public officer in a public office and not otherwise provided for
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One rupee";
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(8) in article 11,-
(i) for the words "Twenty five paise" in column (3) against clauses (a) and (b) in column (2), the words "One rupee" shall respectively, be substituted;
(ii) for the words "Seventy five paise" in column (3) against clause (c) in column (2) the words "One rupee" shall be substituted;
(iii) for the words "Seventy five paise" in column (3) against clause (d) in column (2) the words "One rupee" shall be substituted;
(iv) for the words "Seventy five paise" in column (3) against clause (g) in column (2) the words "One rupee" shall be substituted;
(v) for the words "Seventy five paise" in column (3) against item (ii)(1) of clause (k) in column (2) the words "One rupee" shall be substituted;
(vi) clause (o) and the entries relating thereto shall be omitted;
(vii) clause (r) and the entries relating thereto shall be omitted;
(9) articles 12 and 13 and the entries relating thereto in columns (2) and (3) shall be omitted;
(10) In article 14, for the words "Seventy five paise" in column (3) against item
(11) in column (2), the words "One rupee" shall be substituted;
(11) In article 15, for the words "Seventy five paise", in column (3), the words "One rupee" shall be substituted.
Section 19. Repeal and saving
19. Repeal and saving.- (1) The Kerala Court-Fees and Suits Valuation (Amendment) Ordinance, 1990 (9 of 1990), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.