Tamil Nadu Court-fees and Suits Valuation (Amendment and Suspension of Operation) Act, 2002*
| [Tamil Nadu Act No. 55 of 2002] | [15th November, 2002] |
An Act further to amend the Tamil Nadu Court-fees and Suits Valuation Act, 1955
Whereas the cost of administration of justice has considerably increased;
And Whereas there is no enhancement of court-fees for more than forty-six years;
And Whereas it has become necessary to increase court-fees in order to meet the increased cost in the administration of justice;
And Whereas the State Law Commission has recommended for the increase of court-fees;
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-third Year of the Republic of India as follows:-
* Received the assent of the Governor on the 15th November, 2002 and published in the Tamil Nadu Government Gazette, Extraordinary.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Court-fees and Suits Valuation (Amendment and Suspension of Operation) Act, 2002.
(2)(a) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21 and 24(1) shall be deemed to have come into force on the 8th day of August, 2002 and the operation of those sections shall be deemed to have been suspended on and from the 5th day of September, 2002.
(b) Sections 22 and 23 shall be deemed to have come into force on the 5th day of September, 2002.
2. Amendment of section 7.- In section 7 of the Tamil Nadu Court-fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955) (hereinafter referred to as the principal Act), sub-section (3) shall be omitted.
3. Amendment of section 9.- In section 9 of the principal Act, for the expression "Subject to the provisions of the last preceding section, a document", the expression "A document" shall be substituted.
4. Substitution of section 22.- For section 22 of the principal Act, excluding the Explanation thereunder, the following section shall be substituted, namely:-
"22. Suits for money.- In a suit for money other than the suit for maintenance but including a suit for damages or compensation or arrears of annuities or of other sums payable periodically, fee shall be computed on the amount claimed.".
5. Amendment of section 23.- For section 23 of the principal Act, the following section shall be substituted, namely:-
"23. Suits for annuities.- In a suit for annuities or other sums payable periodically, other than the suit for maintenance, the fee shall be computed on five times the amount claimed to be payable for one year:-
Provided that where the annuity is payable for less than five years, the fee shall be computed on the aggregate of the sums payable.".
6. Amendment of section 25.- In section 25 of the principal Act,-
(1) in clauses (a) and (b), for the expression "rupees three hundred", the expression "rupees four thousand" shall be substituted;
(2) in clause (c), for the expression "rupees five hundred", the expression "rupees five thousand" shall be substituted;
(3) in clause (d), for the expression "rupees four hundred", the expression "rupees five thousand" shall be substituted.
7. Substitution of section 26.- For section 26 of the principal Act, the following section shall be substituted, namely:-
"26. Adoption suits.- In a suit for a declaration in regard to the validity or invalidity of an adoption or the factum of an adoption, fee shall be payable at the following rates:-
| (i) In a District Munsifs Court | Rupees four hundred |
| (ii) In the City Civil Court, Chennai or a Sub-Court or a District Court. | Rupees one thousand, if the market value of the property involved in or affected by the relief is rupees fifty thousand or less; and rupees four thousand if it is above rupees fifty thousand. |
| (iii) In the High Court | Rupees five thousand |
8. Amendment of section 27.- In section 27 of the principal Act,-
(1) in clause (a), for the expression "rupees three hundred", the expression "rupees four thousand" shall be substituted;
(2) in clause (b), for the expression "rupees five hundred", the expression "rupees five thousand" shall be substituted;
(3) in clause (c), for the expression "rupees four hundred", the expression "rupees five thousand" shall be substituted.
9. Amendment of section 28.- In section 28 of the principal Act, for the expressions "rupees two hundred" and "rupees one thousand", the expressions "rupees one thousand" and "rupees twenty thousand" shall, respectively, be substituted.
10. Amendment of section 29.- In section 29 of the principal Act,-
(1) for the expression "under section 9 of the Specific Relief Act, 1877 (Central Act I of 1877)", the expression "under section 6 of the Specific Relief Act, 1963 (Central Act 47 of 1963)" shall be substituted;
(2) for the expression "rupees two hundred", the expression "rupees five thousand" shall be substituted.
11. Amendment of section 30.- In section 30 of the principal Act, for the expression "rupees four hundred", the expression "rupees four thousand" shall be substituted.
12. Amendment of section 31.- In section 31 of the principal Act, for the expression "rupees three hundred", the expression "rupees four thousand" shall be substituted.
13. Amendment of section 37.- In section 37 of the principal Act, far sub-section (2), the following sub-section shall be substituted, namely:-
"(2) In a suit for partition and separate possession of joint family property or property owned, jointly or in common, by a plaintiff who is in joint possession of such property, fee shall be paid at the following rates:-
| (i) In a District Munsifs Court. | Rupees three hundred. |
| (ii) In the City Civil Court, Chennai or a Sub-Court or a District Court. | Rupees three hundred if the value of plaintiffs share is rupees thirty thousand or less; rupees five hundred if the value is above rupees thirty thousand but below rupees one lakh; and rupees seven hundred and fifty if the value is rupees one lakh and above. |
| (iii) In the High Court. | Rupees two thousand. |
14. Amendment of section 39.- In section 39, for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) In a suit for the administration of an estate, fee shall be levied on the plaint at the following rates:-
| (i) In a District Munsif's Court. | Rupees five hundred. |
| (ii) In the City Civil Court, Chennai or a Sub-Court or a District Court. | Rupees five hundred if the value of the subject matter is rupees thirty thousand or less: rupees seven hundred and fifty if it is above rupees thirty thousand but below rupees one lakh; and rupees one thousand if it is rupees one lakh and above. |
| (iii) In the High Court. | Rupees five thousand. |
15. Amendment of section 45.- In section 45 of the principal Act, for the expression "rupees three hundred", the expression "rupees one thousand and five hundred" shall be substituted.
16. Omission of section 46.- Section 46 of the principal Act shall be omitted.
17. Amendment of section 47.- In section 47 of the principal Act, for the expression "fifty rupees", the expression "five hundred rupees" shall be substituted.
18. Substitution of section 50.- For section 50 of the principal Act, the following section shall be substituted, namely:-
"50. Suits not otherwise provided for.- In suits not otherwise provided for, fee shall be payable at the following rates:-
| (i) In a Revenue Court. | Rupees fifty |
| (ii) In a District Munsif's Court | Rupees three hundred. |
| (iii) The City Civil Court, Chennai, or a Sub-Court or a District Court. | Rupees three hundred if the value of the subject matter is rupees thirty thousand or less; rupees five hundred if the value is above rupees thirty thousand but below rupees one lakh; and rupees seven hundred and fifty if the value is rupees one lakh and above. |
| (iv) The High Court | Rupees two thousand. |
19. Amendment of sections 64, 65 and 81.- In sections 64, 65 and 81 of the principal Act, for the expression "Board of Revenue" wherever it occurs, the expression "the Appropriate Authority specified in the Notification under sub-section (1) of section 4 of the Tamil Nadu Board of Revenue Abolition Act, 1980" shall be substituted.
20. Amendment to Schedule I.- In Schedule I to the principal Act, in Article 3, in the entries in column (3) against the entry "(a) Petition under section 53 or 54 of the Provincial Insolvency Act, 1920" in column (2), for the expression "rupees five hundred", the expression "rupees ten thousand" shall be substituted.
21. Substitution of Schedule II.- For Schedule II to the principal Act, the following Schedule shall be substituted, namely:-
"SCHEDULE II
| Article. | Particulars. | Paper fee. |
| (1) | (2) | (3) |
| 1. | (i) Petition in a suit under the Converts' Marriage Dissolution Act, 1866. | One hundred rupees. |
| (ii) Petition, plaint or memorandum of appeal when presented to a Court under the Dissolution of Muslim Marriage Act, 1939. | One hundred rupees. | |
| (iii) Petition under the Indian Divorce Act, 1869, ??? petitions under section 44 of that Act, and every memorandum of appeal under section 55 of that Act. | One hundred rupees. | |
| (iv) | Plaint or memorandum of appeal under the Parsi Marriage and Divorce Act, 1936, or a counter-claim made under section 37 of that Act. | One hundred rupees. |
| (v) | Plaint or memorandum of appeal in a suit under the Indian and Colonial Divorce Jurisdiction Act, 1926. | One hundred rupees. |
| If, in a suit falling under any of these clauses, there is specific claim for damages, separate fee at the rates prescribed in Article 1 of Schedule 1 shall be charged on the amount of damages claimed. | ||
| 2. | Undertaking under section 49 of the Indian Divorce Act, 1869. | Ten rupees. |
| 3. | Memorandum of appeal from an order inclusive of an order determining any question under section 47 or section 144 of the Code of Civil Procedure, 1908, and not otherwise provided for when presented | |
| (i) to any Court other than the High Court or to any Executive Officer other than the Government or the Appropriate Authority specified in the notification under sub-section (1) of section 4 of the Tamil Nadu Board of Revenue Abolition Act, 1980 or Chief Executive Authority. | Fifty rupees. | |
| (ii) to the Government or the Appropriate Authority specified in the notification under sub-section (1) of section 4 of the Tamil Nadu Board of Revenue Abolition Act, 1980 or Chief Executive Authority. | One hundred rupees. | |
| (iii) to the High Court- | ||
| (A) from an order other than an order under the Tamil Nadu Agriculturists' Relief Act, 1938- | ||
| (1) Where the order was passed by a Subordinate Court or other authority- | ||
| (a) if the order relates to a suit or proceeding, the value of which exceeds five thousand rupees. | Two hundred rupees. | |
| (b) in any other case. | One hundred rupees. | |
| (2) | Where the appeal is under clause 15 of the Letters Patent- | |
| (a) from an order passed in exercise of appellate jurisdiction. | Two hundred rupees. | |
| (b) from an order passed in exercise of original jurisdiction, which would be appealable under the Code of Civil Procedure, 1908, had it been passed by a Subordinate Court. | Two hundred rupees. | |
| (c) memorandum of Writ Appeal. | One thousand rupees. | |
| (d) in any other case. | One thousand rupees. | |
| (3) | Where the appeal is under section 45-B of the Banking Regulation Act, 1949. | One thousand rupees. |
| (B) from an order under the Tamil Nadu Agriculturists' Relief Act, 1938. | Fifty rupees. | |
| (iv) to the Government in pursuance of a statutory right to appeal for which no court fee is leviable under any other enactment. | One hundred rupees. | |
| 4. | Memorandum of appeal under file Arbitration and Conciliation Act, 1996. | Five per cent of the value for jurisdiction. |
| 5. | Copy or translation of a judgement or order not being or having the force of a decree- | |
| when such judgment or order is passed by any Civil Court other than the High Court or by the Presiding Officer of any Revenue Court or office or by any other Court or judicial or executive authority- | ||
| (a) if the amount or value of the subject does not exceed one thousand rupees; | Twenty rupees. | |
| (b) if such amount or value exceeds one thousand rupees; | Fifty rupees. | |
| when such judgement or order is passed by the High Court. | One hundred rupees. | |
| 6. | Copy or translation of a judgment or order of a Criminal Court. | Ten rupees. |
| 7. | Copy of a decree or order having the force of a decree- | |
| When such decree or order is made by any Court other than the High Court- | ||
| (a) if the amount or value of the subject-matter of the suit wherein such decree or order is made does not exceed one thousand rupees; | Twenty rupees. | |
| (b) if such amount or value exceeds one thousand rupees; | Fifty rupees. | |
| When such decree or order is made by the High Court. | One hundred rupees. | |
| 8. | Copy of any document liable to stamp duty under the Indian Stamp Act, 1899, when left by any party to a suit or proceeding in place of the original withdrawn. | Ten rupees. |
| 9. | Copy of any revenue or judicial proceeding or order not otherwise provided for by this Act or copy of any account, statement, report or the like taken out of any Court or office of any public officer. | |
| For every document. | Ten rupees. | |
| 10. | (a) Application or petition presented to any officer of land revenue by any person holding temporarily settled and under direct engagement with Government and when the subject-matter of the application or petition relates exclusively to such engagement. | Ten rupees. |
| (b) Application or petition presented to any officer of land revenue relating to the grant of land on darkhast. | Ten rupees. | |
| (c) Application to a Collector or to any officer of the Public Works Department for lease of land for agricultural or non-agricultural purposes. | Fifty rupees. | |
| (d) Application or petition presented to any Executive Officer under any Act for the time being in force for the conservancy or improvement of any place if the application or petition relates solely to such conservancy or improvement. | Ten rupees. | |
| (e) Application or petition presented to any Board or Executive Officer for a copy of translation of any order passed by such Board or Officer or of any other document on record in such office. | Ten rupees. | |
| (f) Application to a Forest Officer by a forest contractor for extension of the period of lease- | ||
| (i) if the value of the subject-matter of the lease is Rs. 15,000 or less; | One hundred rupees. | |
| (ii) if such value exceeds Rs. 15,000 for every Rs. 5,000 or part thereof in excess of Rs. 15,000. | Twenty-five rupees. | |
| (g) Application for attestation of private documents intended to be used outside India. | Twenty-five rupees. | |
| (h) Application for lapsed deposit presented after six months after the date on which the amount lapsed to the Government. | ||
| (i) when the amount of deposit does not exceed Rs. 500. | Ten rupees. | |
| (ii) when it exceeds Rs. 500 but does not exceed Rs. 5,000. | Twenty-five rupees. | |
| (iii) when it exceeds Rs. 5,000. | Fifty rupees. | |
| (i) Application or petition presented to the Government and not otherwise provided for- | ||
| (i) involves the exercise or non-exercise of power conferred by law or rule having the force of law; | Fifty rupees. | |
| (ii) in other cases | Ten rupees. | |
| (j) Application or petition presented to the Government or the Appropriate Authority specified in the Notification under sub-section (1) of section 4 of the Tamil Nadu Board of Revenue Abolition Act, 1980 or Chief Executive Authority and not otherwise provided far- | ||
| (i) which involves the exercise or non-exercise of power conferred by law or rule having the force of law; | Fifty rupees. | |
| (ii) in other cases. | Twenty-five rupees. | |
| (k) Application or petition not falling under clause (i) or (j) and presented to a public officer or in a public office and not otherwise provided for,- | ||
| (i) which involves the exercise or non-exercise of power conferred by law or rule having the force of law; | Fifty rupees. | |
| (ii) in other cases. | Twenty-five rupees. | |
| 11. | (a) Application or petition presented to any Court for copy or translation of any judgment, decree or any proceeding of or order passed by such Court or of any other document on record in such Court. | Five rupees. |
| (b) Application or petition presented to any Civil Court other than a Principal Civil Court of Original Jurisdiction or to any Court of Small Causes constituted under the Provincial Small Cause Courts Act, 1887 or to a Collector or other Officer of Revenue in relation to any suit or case in which the amount or value of the subject matter is less than Rs. 500. | Ten rupees. | |
| (c) Application to any Court that records may be called from another Court, when the Court grants the application and is of opinion that transmission of such records involves the use of the post. | Twenty rupees. | |
| (d) Application for permission to deposit revenue or rent either in the office of the Collector or in the Court. | Ten rupees. | |
| (e) Application or petition presented to a Court for determination of the amount of compensation to be paid by a landlord to his tenant. | Fifty rupees. | |
| (f) A written complaint or charge of any offence presented to any Criminal Court and an oral complaint of any such offence reduced to writing under the Code of Criminal Procedure, 1973. | Twenty rupees. | |
| (g) Application or petition presented to any Court, or to any Magistrate in his executive capacity and no otherwise provided for in this Act. | Twenty-five rupees. | |
| (h) Application for arrest or attachment before judgment or for temporary injunction- | ||
| (1) when presented to a Civil Court or Revenue Court other than the High Court in relation to any suit or proceeding- | ||
| (i) if the value of the subject-matter is Rs. 30,000 of less; | Fifty rupees. | |
| (ii) if such value is above Rs. 30,000 | One hundred rupees. | |
| (2) when presented to the High Court. | Two hundred rupees. | |
| (i) Application or petition under section 47 and order XXI, rules 58 and 90 of the Code of Civil Procedure, 1908- | ||
| (i) when filed in a Revenue Court or a District Munsif's Court; | Fifty rupees. | |
| (ii) when filed in the City Civil Court, Chennai, a Sub-Court or a District Court; | One hundred rupees. | |
| (iii) when filed in the High Court. | Two hundred and fifty rupees. | |
| (j) Application or petition under sections 34, 72, 73 and 74 of the Indian Trusts Act, 1882. | Fifty rupees. | |
| (k)(i) Application for probate or letters of administration to have effect throughout India. | Five hundred rupees | |
| (ii) Application for probate or ??? of administration not falling under clause (i)- | ||
| (1) if the value of the estate does not exceed Rs. 5,000; | Ten rupees. | |
| (2) if such value exceeds Rs. 5,000 but does not exceed Rs. 25,000. | Fifty rupees. | |
| (3) if such value exceeds Rs. 25,000 | One hundred | |
| Provided that if a caveat is entered and the application is registered as a suit, one-half the scale of fee prescribed in Article 1 of Schedule I on the market value of the estate less the fee already paid on the application shall be levied rupees. | ||
| (1) Original petitions not otherwise provided for when filed in- | ||
| (i) a District Munsif's Court- | ||
| (1) under the Tamil Nadu Village Courts Act, 1888 | Twenty-five rupees. | |
| (2) in other cases Fifty rupees. | ||
| (ii) the City Civil Court, Chennai, a Sub-Court or a District Court; | One hundred rupees. | |
| (iii) the High Court | Two hundred and fifty rupees. | |
| (m) Application under the Arbitration and Conciliation Act, 1996- | ||
| (1) if the value of the subject-matter of the award does not exceed Rs. 50,000; | Seventy-five rupees. | |
| (2) if such value exceeds Rs. 50,000 but does not exceed Rs. 1,00,000; | Three hundred rupees. | |
| (3) if such value exceeds Rs. 1,00,000 | Seven hundred and fifty rupees. | |
| (n) Application to the High Court under section 96 of the Code of Criminal Procedure, 1973 | Five hundred rupees. | |
| (o) Revision petition presented to the High Court under section 115 of the Code of Civil Procedure, 1908, or under section 25 of the Provincial Small Cause Courts Act, 1887 or under the provisions of any other Act, arising out of a suit or proceeding- | ||
| (i) If the value of the suit or proceeding to which the order sought to be revised does not exceed Rs. 10,000 | One hundred rupees. | |
| (ii) if such value exceeds Rs. 10,000 but does not exceed Rs. 50,000 | Two hundred and fifty rupees. | |
| (iii) if such value exceeds Rs. 50,000 | Five hundred rupees | |
| (p) Revision petition presented to a District Court under section 25 of the Provincial Small Cause Courts Act, 1887- | ||
| (i) if the value of the suit does not exceed Rs. 5000 | One hundred rupees. | |
| (ii) if such value exceeds Rs. 5000 | Two hundred rupees. | |
| (q) Petition under sections 391, 439 and 522 of the Companies Act, 1956, in connection with the winding up of a company. | One thousand rupees. | |
| (i) Petition to the High Court under Article 226 of the Constitution for a writ other than the writ of Habias Corpus or a petition under Article 227 of the Constitution. | Five hundred rupees. | |
| (s) Application or petition presented to the High Court and not otherwise specifically provided for. | One hundred rupees. | |
| (t) Election petition questioning the election of a person in respect of- | ||
| (i) the office of member of a Panchayat; | Two hundred and fifty rupees. | |
| (ii) the office of President or Vice-President of a Panchayat; | Five hundred rupees. | |
| (iii) the office of member of the Municipal Corporation constituted under any law for the time being in force or of member of a Municipal Council or a Panchayat Union Council; | One thousand rupees. | |
| (iv) the office of Mayor or Deputy Mayor of the Municipal Corporation constituted under any law for the time being in force or of Chairman or Vice-Chairman of a Municipal Council or a Panchayat Union Council. | Two thousand and five hundred rupees. | |
| 12. | Application for leave to sue as an indigent person. | Ten rupees. |
| 13. | Application for leave to appeal as an indigent person,- | |
| (i) when presented to a District Court or a Sub-Court; | Twenty rupees. | |
| (ii) when presented to the High Court | Fifty rupees. | |
| 14. | (i) Baj bond or other instrument of obligation when filed in village courts | Five rupees. |
| (ii) Bail bond or other instrument of obligation given in pursuance of an order made by a Court or Magistrate under any section of the Code of Criminal Procedure, 1973, or the Code of Civil Procedure, 1908 and not otherwise provided for in this Act. | Twenty rupees. | |
| 15. | Every copy of power of attorney when filed in any suit or proceeding. | Twenty-five rupees. |
| 16. | Mukhtamama, Vakalatnama or any paper signed by an advocate signifying or intimating that he is retained for a party, when presented to,- | |
| (i) any court other than the High Court, to any Collector or Magistrate or other executive officer. | Five rupees. | |
| (ii) the Government or the Appropriate Authority specified in the Notification under sub-section (1) of section 4 of the Tamil Nadu Board of Revenue Abolition Act, 1980 or a Chief Executive Authority. | Eight rupees. | |
| (iii) the High Court | Ten rupees. | |
| (iv) the Government | Ten rupees. | |
| 17. | Agreement in writing stating a question for the opinion of the court under the Code of Civil Procedure, 1908- | |
| (i) when presented to T District Munsif's Court or when presented to the City Civil Court of Chennai or Sub-Court in a case where the value of the subject-matter does not exceed Rs. 50,000/- | Two hundred rupees. | |
| (ii) in any other case | Five hundred rupees. | |
| 18. | Caveat- | |
| (i) When the value of the property does not exceed Rs. 15,000. | Fifty rupees. | |
| (ii) When it exceeds Rs. 15,000 but does not exceed Rs. 30,000. | One hundred rupees. | |
| (iii) When it exceeds Rs. 30,000 | Two hundred rupees. | |
| (iv) In other cases not covered by the above categorisation | Two hundred rupees. | |
| 19. | For each memorandum of appearance in Criminal Courts- | |
| (i) When filed in any court other than the Sessions Court and the High Court. | Two rupees. | |
| (ii) When filed in a Sessions Court | Three rupees. | |
| (iii) When filed in the High Court. | Five rupees. |
22. Revival of sections 7, 9, 22, 23, 25, 26, 27, 28, 29, 30, 31, 37, 39, 45, 46, 47, 50, 64, 65, 81, Schedule I and Schedule II.- The provisions of sections 7, 9, 22, 23, 25, 26, 27, 28, 29, 30, 31, 37, 39, 45, 46, 47, 50, 64, 65, 81 of, and Schedule I and Schedule II to, the principal Act which were in force immediately before the 8th day of August, 2002 shall, for all purposes, be deemed to have been revived on and from the 8th day of August, 2002 as if the said provisions were not omitted or amended, as the case may be, by the Tamil Nadu Court-fees and Suits Valuation (Amendment and Suspension of Operation) Act, 2002.
23. Validation.- Notwithstanding the suspension of the operation of sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 24(1) any Court-fees levied during the period commencing on the 8th day of August, 2002 and ending with the 5th day of September, 2002, shall be deemed to have been validly levied under the principal Act as if the amendments made to the principal Act by the Tamil Nadu Court-fees and Suits Valuation (Amendment and Suspension of Operation) Act, 2002 were in force on the date of such levy.
24. Repeal and saving.- (1) The Tamil Nadu Court-fees and Suits Valuation (Amendment) Act, 1982 (Tamil Nadu 1 of ???) is hereby repealed.
(2) The Tamil Nadu Court-fees and Suits Valuation (Amendment) Ordinance, 2002 (Tamil Nadu ??? 4 of 2002) and the Tamil Nadu Court-fees and Suits Valuation (Amendment) Suspension of Operation Ordinance 2002 (Tamil Nadu ??? 4 of 2002) are hereby repealed.
(3) Notwithstanding the repeal under sub-section (2) anything ??? or any action taken under the principal Act as amended by the Tamil Nadu Court-fees ??? suits Valuation (Amendment) Ordinance, 2002 and the Tamil Nadu Court-fees and ??? (Amendment) Suspension of Operation Ordinance 2002 shall be ??? been ??? or taken under the principal. Act as amended by this Act.