West Bengal Act X of 1970° THE WEST BENGAL COURT-FEES ACT, 1970. West Ben. Act XLII of 1974. AMENDED .- .. West Ben. Act XXI of 1980. West Ben. Act XV of 1984. West Ben. Act XXIX of 1985.
[26th February, 1970.]
An Act to amend and consolidate cite law relating to court-fees in the State of West Bengal.
WHEREAS it is expedient to amend and consolidate the law relating to court- fees in the State of West Bengal;
It is hereby enacted in the Twenty-first Year of the Republic of India, by the Legislature of Wesi Bengal, as follows:—
CHAPTER I
Preliminary.
1. ) This Act may be called the West Bengal Court-fees Act, Short litle.
1070
7
(2) It extends lo ihe whole of the Stale of West Bengal,
(3) The provisions of this Act shall not apply to fees or stamps relating lo documents presented or to be presented before any officer serving under the Central Government.
(4A Where any other law contains provisions relating to the levy of fee in respect of proceedings under such other law, the provisions of this Act relating to the levy of fee in respect of such proceedings shall apply subjcct to the said provisions of such other law.
extern and
application.
2. In this Act, unless there is anything repugnant in the subject or Definitions, context,—
(1) "appeal" includes a cross-objection;
(2) "Collector" includes any officer not below the rank of a Sub- Deputy Collector appointed by the Collector to perform the functions of a Collector under this Act;
(3) "Court" means any Civil, Revenue or Criminal Court and includes a Tribunal or other authority having jurisdiction under any local or special law to decide questions affecting the rights of parties;
'For S laic men | of Objects and Reasons, see the Calcutta Gazette, Extraordinary, Part 1VA of the 30¢h Januaty. 1970, page 285; for proceedings of the West Bengal Legislative Assembly, sec the proceedings of [he nice ling of (hat Assembly held on 91h February, 1970.
1
246 ( Chapter tT LES ge BG PHEES Red, iy Fyplic Offices.—Secliotis 3, 4.) [West Ben. Agt) "suit" includes an appeal from a decree except in section 9;
(5) expressions used and not defined in this Act or in the Bengal Ben. Aci 1 or General Clauses Aci, 1899, but defined in the Code of Civil Procedure, 1908, shall have the meanings respectively
assigned to them in the said Code.
CHAPTER II Fees payable in Courts and in Public Officcs.
3. The fees for the lime being chargeable in the Court of Small Causes at Calcutta, and iis office shall be collected in the manner hereinafter appearing.
4. (1) No document which is chargeable with fee under this Act shall—
G) be filed, exhibited or recorded in, or be acted on or furnished by, any Court including the High Court, or
(ii) be filed, exhibited or recorded in any public office'or be acted on or furnished by any public officer,
Levy or feirs
in Court or unless in respect of such document there be paid a fee of an amount not al less than that indicated as chargeable under this Act:
Caleulla. Provided that, whenever the filing or exhibition in a Criminal Court of Levy of tecin document in respect of which (he proper fee has not been paid is, in the Courts and opinion of the Court, necessary to prevent a failure of justice, nothing p ale contained in this section shall be deemed to prohibit such filing or exhibition:
'Provided further that no fees chargeable under this Act shall be payable on documents that may be filed by the Slate Government in any proceedings before a Civil Court including High Court.
Explanation.—For the purposes of this proviso "documents" means and includes plaints, memorandum of appeal, petitions and papers of any kind required to be filed in connection with any proceedings before a Civil Court including High Court.
(2) Notwithstanding anything contained in sub-section (1) or in any other Act, a Court may receive a plaint or memorandum of appeal in respect of which an insufficient fee has been paid subject to the condition that the plaint or memorandum or appeal shall be rejected unless the plaintiff or appellant, as the case may be, pays to the Court within a lime to be fixed by the Court such reasonable sum on account of court-fees as the Court may direct.
'The proviso with "Explanation" was inserted by s. 2 of ine WesL Bengal Court-fecs (Amendment) Aci, 1984 (Wesl Ben. Aci XV of 1984).
2
The Wei/ Bengal Conn-fees Act, 1970. 247 X of 1970.]
(Chapter Il —Fees payable in Courts and in Public Offices.—Sections 5, 6.— Chapter I.-Computation of fees.—Section 7.)
5. (J) In case any difference arises between ihe officer whose duty il is to see that any fee is paid under this Act and any suitor or his pleader as to the necessity of paying a fee or the amount thereof, the question shall, when ihe difference arises in the High Court, be referred to the Taxing Officer whose decision thereon shall be final, subject to revision, on an application made Preeedure_ in ease of
williin sixty days from the date of the decision, by ihe suitor or by his pleader, difference as or such officer as may be appointed in this behalf by the Slate Government, by lo necessity of the Chief Justice or by such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf. /
(2) When any such difference arises in the Court of Small Causes at Calcutta, the question shall be referred lo the Registrar of the Court of Small Causes at Calcutta whose decision shall be final, subject to revision, on application made within sixty days from the dale of the decision, by ihe party concemed or such officer as may be appointed in this behalf by ihe Slate Government, by the Chief Judge or by such Judge of ihe Court of Small Causes at Calcutta as the Chief Judge shall appoint either generally or specially in this behalf.
(3) The Chief Juslicc shall declare who shall be the Taxing Officer within the meaning of sub-section (1) of ihis section.
6. Notwithstanding anything contained in this Act or in any other law for the lime being in forcc, no document of any of the kinds chargeable under this | nicsinle Act shall be filed, exhibited or recorded in any Court including the High Court, unless fees co Document
or shall be received, furnished or acted upon by any such Court or by any aap by public officer, unless, in respect of such document, the stamp referred to in purchased in section 39 has been purchased from a person authorised or appointed lo sell nt \
. engal. stamps in West Bengal. CHAPTER in Computation of fees.
7. The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:— Compulation of fees
payable in (i) Jn suits for money including suits for damages or compensation, or ue
. we curtain suits, arrears of maintenance, of annuities, or of other sums payable fo; money; periodically-—according lo the amount claimed:
'Provided lhaino fee shall be payable in suits for damages for defamation;
'Proviso was inserted by s. 2 of the West Bengal Court-fees (Amendment) Acl, 1974 (West Ben. Acl XLII of 1974),
3
248
[West Ben. Act ; (ii)
Tor mainte- nance and
annul tie.';; (iii)
for movable prapeny having a market value: + (iv)
for movable
property of no market value; for
declaratory
decree an J
consequen-
tial relief; Tor
injunction;
Tor
else me nt;
for accounts:
The West Bengal Court-fees Act, 1970. (Chapter II.—Computation of fees —Section 7.) In suits for maintenance and annuities or other sums payable periodically—according to the value of the subject-matter of the suit, and such value shall be deemed to be len limes the amount claimed lo be payable for one year:
Provided that in suiis by widows for maintenance such value shall be deemed lo be the amount claimed lo be payable for one year; In suits for movable property other than money, where the subject-mailer has a market value—according to such value al the date of presenting the plaint;
In suits—
(a) for movable property where the subject-matter has no market value, as for instance, in the case of documents relating lo title,
(b) to obtain a declaratory decree or order, where consequential relief is prayed,
(c) to obtain an injunction, .
(d) for a right to some benefit (not herein otherwise provided for) lo arise out of land, and
(e) for accounts— according to the amount al which the relicT sought is valued in ihe plaini or memorandum of appeal subject lo ihe provisions of section 11.
In all such suits the plaintiff shall slate the amount at which he values ihe relief sought.
(v) In suits for the possession of land, buildings or gardens, not being suits for
possession
of land,
buildings or
gardens:
referred to in clausc (vi)—
(a) according lo Ihe value of the subject-matter, and such value shall be deemed lo be fifteen limes ihe net profits which have arisen from the land, building or garden during ihe year next before the date of presenting ihe plaint, or if the Court sees reason lo think that such profits have been wrongly estimated, fifteen times such amount as ihe Courl may assess as such profits or according to the market- value of the land, building or garden, whichever is lower;
(b) if, in ihe opinion of the Court, such profits are not readily ascertainable or assessable, or where (here are no such profits, according to ihe market-value of the land, building or garden;
X of 1970.] The Wesf Bengal Court-fees Act, 1970. 249 (Chapter HI—Computation of fees.—Section 7. } Explanation.—In this paragraph "building" includes a house, out- house, stable, privy, urinal, shed, hui, wall and any olhersuch structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever;
(vi) In a suit for recovery of possession of immovable property from—
(a) a irespasser, where no declaration of title to property is either prayed for or necessary for disposal of the suit—according to the amount al which Ihe relief sought is valued in the plaint subject to the provisions of section IT;
(b) a licensee upon revocation or termination of his license,—
(i) where a license fee is payable by (he licensee in respect of the immovable property to which the suit refers—according to the amount of the license fee of the immovable property payable for ihe year next before the date of presenting the plaint, or
(iit) where no such license fee is payable by the licensee— according to the amount at which the relief sought is valued on Lhe plaint subject to the provisions of section 11;
(vii) In suits to enforce a right of pre-emption—according to lhe market- value of Ihe land, building or garden in respect of which the right is claimed;
Explanation.—In this paragraph "building" has the same meaning as in paragraph (v);
(viii) In suits for partition and separate possession of a share of joint family property or of a joint property, or to enforce a right to a share in any property on the ground that it is joint family property or joint property—if the plaintiff has been excluded from possession of the property of which he claims to be a coparcener or co-owner— according to the market-value of Ihe share in respect of which lhe suit is instituted;
(ix) In suits for lhe interest of an assignee of land-revenue— fifteen times his net profits as such for the year next before lhe dale of presenting the plaint;
(x) In suits lo sel aside an attachment of land or of an interest in land or revenue—according to lhe amount For which the land or interest was attached;
Tor
recovery of
possession
of
immovable
property;
to enforce a
tight of pre-
empt ion;
Tor pa nil ion
and separate
possession of
a share of
joinl family
properly, etc.;
for interest of
assignee of
land- revenue;
(o sel aside an
attachment;
5
250
[West Ben. Act Lo redeem; to foreclose; for specific mancc:
between
landlord and tenant:
Fes on
The West Bengal Court-fees Act, 1970. C Chapter 111 —Computation of fees.—Section S.) Provided that, where such amount exceeds the value of the land or interest, the amount of fee shall be computed as if the suit were for the possession of such land or interest;
(xi) In suits against a mortgagee for (he recovery of the property mortgaged,
and in suits by a mortgagee to foreclose the mortgage, or where the mortgage is made by conditional sale, to have the sale declared absolute—-
according to the principal money expressed to be secured by the instrument of mortgage;
(xii) In suits for specific performance—
(a) of a contract of sale—according (o the amount of the consideration,
(b) of a contract of mortgage—according to the amount agreed 10 be secured,
(c) of a contract of lease—according to the aggregate amount of the fine or premium (if any) and of the rent agreed to be paid during the first year oF the term,
(d) of an award—according to the"amount or value of the property in dispute;
(xiii) In the following suits between landlord and tenant—
(a) for the delivery bya tenant of Ihe counterpart of a lease,
(b) to enhance the rent of a tenant having a right of occupancy,
(c) for the delivery by a landlord of a lease,
(d) for Ihe recovery of immovable property from a tenant including a tenant holding over after the determination of a tenancy,
(e) to contest a notice of ejectment,
(f) to recover the occupancy of immovable property from which a tenant has been illegally ejected by the landlord, and
(g) for abatement of rent— according to the amount of the rent or the immovable property to which the suit refers, payable for the year next before the date of presenting the plaint.
8. The amount of fee payable under this Acl on a memorandum ofappeai °f appeal against an order relating to compensation under any Act For againsi order the time being in force for the acquisition of land for public purposes, compensa- shall be computed according to the difference between the amount lion. awarded and the amount claimed by the appellant.
The West Befit;a/ Court-fees Act, 1970. 251 X of 1970.]
(Chapter II. Computation of fees.—Sections 9-12.)
9. In every suit in which an ad-valorem court-fee is payable under this Aci on the Statement plaint, (he plaintiff shall file with the plaint a statement of particulars of the .subject- of mailer of the suit and his own valuation thereof unless such particulars and lhe a ibleet valuation are contained in the plaint. The statement shall be in such form and shall qnaticrof contain such particulars as may be prescribed by lhe Stale Government by notification sv and in lhe Official Gazette. In every such suil the plaintiff shall also, if the Court so phaintfs directs, file a duplicate copy of the plaint and of the said statement. (hereof.
10. (1) In every suil in which a court-fee is payable under this Act on the plaint or memorandum of appeal lhe Court shall, on lhe dale fixed for the appearance of the opposite party or as soon as may be thereafter, and in every case before proceeding to deliver judgment, record a finding whelher a sufficient couri-fee has been paid. Procedure
(2) Ifthe Court records a finding that an insufficient court-fee has been paid on — where _ the plaint or memorandum of appeal the Court shall— insafficien
(a) stay all further proceedings in lhe suit until it has determined the proper Tried on amount of such court-fee payable and the plaintiff or the appellant, as " oruewane the case may be, has paid such amount or until the date referred lo in dumor clause (b), as the case may be: appeal.
Provided lhat if the plaintiff or appellant gives, within such lime as the Court may allow, security, to the satisfaction of the Court, for the payment of any additional amount for which he may be found liable the Court may proceed with the suit,
(b) fix a dale before which the plaintiff or appellant shall pay the amount of court- fee due from him, as determined by Ihe Court under clause (a).
(3) Ifthe plaintiff or appellant Tails to give the security referred to in clause (a) of sub- section (2) or lo pay the amount referred to in clause (b) of that sub-section within the time allowed, or before the dace fixed, by the Court, as the case may be, Ihe suit shall be dismissed.
11. IT the Court is of opinion that the subject-matter of any suit has been wrongly Inquiry as [o valued, it may revise the valuation and determine the correct valuation and may hold — tion of such inquiry as it thinks fit for such purpose.
12. (1) For the purpose of an inquiry under section II the Court may depute, or issue a commission to, any suitable person to make such local or other investigation as Invesiigaiion may be necessary and to report thereon to the Court. Such report and any evidence 1 aseenam + + . : proper
recorded by such person shall be evidence in the inquiry. valuation
7
I
[West Ben, Act j
252 The West Bengal Court-fees Act, 1970. (Chapter II. —Computation of fees —Sections 13-15.)
(2) The Court may, from lime lo time, direct such party to the suil as it thnks fit lo deposit such sum as the Court thinks reasonable as the cosis of the inquiry, and if the costs are not deposited within such time as the Court shall fix, may, notwithstanding anything contained in any other Act, dismiss the suit if such party is the plaintiff or the appellant and, in any other case, may recover the costs as a public demand.
13. (1) The Court, when making an inquiry under section 12 shall have, Power of respectively, for the purposes of such inquiry or investigation, the powers vested in a p shine Court under the Code of Civil Procedure, 1908 in respect of the following matters, making
inquiry namely:— 8 ° f t
under (a) enforcing the attendance of any person and examining him on oath :
sections 1 i
and 12. or affirmation;
(b) compelling the production of documents or material objections; and
(c) issuing commissions for the examination of witnesses.
(2) An inquiry or investigation referred to in sub-section (1) shall be deemed to be a judicial proceeding mihin the meaning of sections 193 and 228 of the Indian Penal Code. Sor 1860.1 'Or .
14. (1) If in the result of an inquiry under section 11 the Court finds that the Costs — or subject-matter of the suil has been under-valued the Court may order the parly inawiry as responsible for the undervaluation to pay all or any part of Ihe costs of the inquiry. valuation (2) If in the result of such inquiry the Court finds that the subject- matter of the ane refund suit has noi been undervalued the Court may, in its discretion, order that all or any fee. part of such costs shall be paid by the State Government or by any parly to the suit at whose instance the inquiry has been undertaken, and if any amount exceeding the proper amount of fee has been paid shall refund the excess amount so paid.
15. Where, in any suit for mesne profits or for land and mesne profits or for an Procedure in account, the fee which would have been payable if the suit had comprised the whole suid s for of the relief to which the Court finds the plaintiff to be entitled, exceeds the fee profits or actually paid, the Court shall require the plaintiff to pay an additional fee equal lo the een ™ amount of (he excess, and if such additional fee is not paid within such lime as the amount Coun may fix, the suit, or if a decree has previously been passed therein, so much of found He the claim as has rot been so decreed, shall be dismissed:
amount Provided thai, where the additional fee is payable in respect of a portion of The claimed.
claim which can be relinquished, that portion only shall be dismissed.
8
X of 1970.] The Wesf Bengal Court-fees Act, 1970. 253 (Chapter II. Computation of fees —Seel ions 16-18.)
16. (1) Every question relaling lo valuation for the purpose of Decision of - determining the amount of any fee chargeable under this Chapter on a vaVuruion", plaint or memorandum of appeal shall be decided by the Court jn which such plaint or memorandum, as Lhe case may be, if filed, and such decision shall be final as between the parlies to the suit.
(2) Em whenever any such suit conies before a Coun of Appeal, reference or revision, if such Court considers that the said question has been wrongly decided, lo Lhe detriment of the revenue, il shall require the party by whom such fee has been paid to pay so much additional fee as would have been payable had lhe question been rightly decided,
(a) ifthe party required to pay is the appellant or petitioner, lhe provisions of sub-sections (2) and (3) of section 10 shall, so far as may be, apply;
(b) if lhe party required Lo pay is lhe respondent or lhe opposite party, the provisions of suh-section (2) of section 10 shall, so far as may be, apply, and, if such party fails to pay the fee required before the dale fixed by Lhe CourL, the Court shall recover lhe amount of such fee from him as a public demand. Explanation.—For lhe purposes of ihis section a question relating to the classification of any suit for the purpose of section 7 shall not be deemed lo be a question relaling to valuation.
17. (1) The High Court shall, when dealing with an application for Recovery of leave to appeal to Lhe Supreme Court, make an order for Lhe payment r4'ccrtain of any deficiL court-fee with such interest not exceeding six per centum cws, per annum as the High Court may direct, in all cases where Lhe High Court finds that the subject-matter of the suit or appeal had been undervalued either in lhe Court of first instance or in the Court of Appeal or in both, irrespective of whether lhe certificate of fitness for appeal to the Supreme Court is or is not granted.
(2) The fee together with interest thereon found lo be payable under sub- section (1) shall be paid by the party ordered lo do so and if such party fails to pay lhe amount required before lhe date fixed by Ihe High Court, it shall be recoverable from him as a public demand.
18. If an appeal orplainl, which has been rejected by Lhe lower Court 'S Refund of t>f 1908. on any of the grounds mentioned in the Code of Civil Procedure, is fe vid on ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in — ™emoran- dum of
Order XLI, rule 23 of the same Code for a second decision by the lower Court, the Appellate appeal. Court shall grant to the appellant a certificate, authorizing Itim lo receive back from the Collector the full amount of fee paid on the memorandum of appeal:
9
[West Ben. Acl
254
Refund fee on
application for review nl judgmenl. The West Bengal Court-fees Act. 1970. (Chapter II.—Computlation of fees—Sections 19-22.) Provided thai if, in Lhe case of a remand in appeal, the order of t remand shall not cover the whole of Ihe subject-matter of ihe suit, ihe certificate so granted shall not authorize the appellant to receive back more than so much fee as would have been originally payable on the part or parts of such subjecl-maiier in respect whereof ihe suil has been remanded.
19. Where an application for a review of judgment is presented on or after the ninetieth day from the date of ihe decree, ihe Court, unless the delay was caused by the applicant's laches, may, in its discretion, grant him a certificate authorizing him lo receive back from Ihe Collector so much of the fee paid on ihe application as exceeds the fee which would have been payable had it been presented before such day.
Refund
wliure Court
reverses OF
modifies its
former
decision on
ground of mi
slake.
Mullifarious
suits.
Whiten
examinations
of complain-
cm is.
20. (I) Where an application for a review of judgment is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee payable on any oiher application to such Court under Schedule IT to this Acl, No. 1, clause (b) or clause (d).
(2) Nothing in sub-section (1) of this section shall entitle the applicant lo such certificate where the reversal or modification is due, wholly or in part, lo fresh evidence which mighihave been produced at the original hearing.
21. (1) In any suil in which two or more separate and distinct causes of action are joined and separate and dislincl reliefs are sought iji respect or each, the plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees with which Ihe plaints or memoranda of appeal would be chargeable under this Acl in separate suits instituted in respect of each such cause of action:
Provided that nothing in this sub-section shall be deemed to affect any power conferred by or under the Code of Civil Procedure, 1908, to order separate trials.
(2) Where more reliefs Ihan one based on Ihe same cause of action are sought either jointly or in the alternative, the fee shall be paid according to the value of the relief in respect of which the largest fee is payable.
22. When the first or only examination of a person who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other than an offence for which police officers may arrest Sori90S.
10
The West Bengal Court-fees Act, 7970. 255 X of! 970,]
(Chapter II.—Computation of fees —Section 23.) without a warrant. and who has not already presented a petition on which a Tee has been levied under this Act, is reduced lo writing under ihe 5 or IK9S. provisions of the Code of Criminal Procedure, the complainant shall pay a fee of one rupee unless the Court thinks fit to remit such payment.
chargeable with any fee:—
ts.
(i) Power-of-attorney or other written authority to institute or defend a suit when executed by a member of any of the Armed Forces of lhe Union noi in civil employment.
(ii) Written statements called for by lhe Court after the first hearing of a suil.
(iii) Probate of a will, letters of administration, where the amount or value of the properly in respect of which Lhe probate or letters or certificate shall be granted does not exceed two thousand rupees.
(iv) Application or petition to a Col lector or other officer making a settlement of land-revenue, or to the Board of Revenue, relating to matters connected with lhe assessment of land or the ascertainment of rights thereto or interests therein, if presented previous lo lhe final confirmation of such settlement.
(v) Application relating to a supply for irrigation of water belonging lo Government,
(vi) Application for leave to extend cultivation, or to relinquish land, when presented to an officer of land-revenue by a person holding, under direct engagement with Government,
land of which the revenue is settled, but not permanently.
(vii) Application for service of notice of relinquishment of land or of enhancement of rent,
(viii) Written authority to an ageni Lo distrain.
(ix) First application (other than a petition containing a criminal charge or information) for the summons of a wilncss or other persons to attend either to give evidence or to produce a document, or in respect of the production or filing of an exhibit not being an affidavit made for I he immediate purpose of being produced in Court.
(x) Bail bonds in criminal cases, recognizances to prosecute or give evidence, and recognizances for personal appearance or otherwise.
23. Nothing contained in this Act shall render the following documents Exemption documen
11
256 = The West Bengal Court-fees Act, J 970. [West Ben. Act
(Chapter IV —Probates, letters of administration and certificates of administration.—Section 24. )
(xi) Petition, application, charge or information respecting any offence,when presented, made or laid lo or before a Police Officer, or to or before Lhe Heads of Village or [he village police.
(xii) Petition by a prisoner, or other person in duress or under restraint of any Court or its officers. =
(xiii) Complaint of a public servant (as defined in the Indian Penal 15 of i860. Code), a municipal officer, or an officer or employees of Government Railway.
(xiv) Application for permission lo cut timber in Government forests or otherwise relating to such forests,
(xv) Application for the payment of money due by Government to the applicant.
(xvi) Petition of appeal against any municipal tax,
(xvii) Applications for compensation under any law for the time being in force relating to the acquisition of property for public purposes,
(xviii) Petitions of appeal by employees of the Government or Court of Wards against orders or dismissal, reduction or suspension; copies of such orders filed with such appeals, and applications for obtaining such copies.
CHAPTER IV
Probates, letters of administration and certificates of administration. Relief where 24. Where any person on applying for the probate of a will or letters] 0 0 ig a Be : se t
court-fee has °f administration has estimated the property of the deceased lo be of been paid. greater value than the same has afterwards proved to be, and has consequently paid loo high a court-fee thereon, if, within six months after the true value of lhe property has been ascertained, such person produces the probate or letters lo the Board of Revenue for the local area in which the probate or letters has or have been granted,
and delivers Lo suh Authority a particular inventory and valuation of the property of the deceased, verified by affidavit or affirmation,
and if such Authority is satisfied that a greater fee was paid on the probate or letters than the law required, the said Authority may—
(a) cancel the stamp on the probate or letters, if such stamp has not been already cancelled; :
12
X of 1970.] The Wesf Bengal Court-fees Act, 1970. 257 ( Chapter IV.—Probates, letters of administration and certificates of administration —Sections 25-27.)
(b) substitute another stamp for denoting the court-Tee which should have been paid thereon; and
(c) make an allowance For the difference between them as in the case of spoiled stamps, or repay the same in money, at his discretion.
25. (1) Whenever it is proved lo Lhe satisfaction of such Authority Ihat an _ Relief where debts due
executor or administrator has paid debts due from the deceased lo such an 7,4 amount as, being deducted out of the amount or value of the estate, reduces the —_ deceased person have
same to a sum which, if il had been the whole gross amount or value of Lhe 4,.., paid oul estate, would have occasioned a less court-fee to be paid on the probate or — ofhis estate. letters of administration granted in respect of such estate than has been actually paid thereon under this Act, such Authority may return lhe difference, provided the same be claimed within three years after the date of such probate or letters.
(2) But when, by reason of any legal proceeding, the debts due from the deceased have noc been recovered and made available, and in consequence thereof the executor or administrator is prevented from claiming the return of such difference within the said term of three years, the said Authority may allow such further time for making the claim as may appear lo be reasonable under the circumstances.
26. (1) Whenever a grant of probate or letters administration has been or is __ Relief in ease of
several
fee chargeable under this Act has been or is paid ihereon, no fee shall be grants. made in respect of the whole of the properly belonging lo an estate, and the full chargeable under the same Acl when a like grant is made in respeel of the whole or any part of the same property belonging to the same estate.
(2) Whenever such a gran] has been or is made in respect of any property forming part of an estate, the amount of fees then actually paid under this Acl shall be deducted when a like grant is made in respect of property belonging Lo the same estate, identical with or including the properly to which the former gran] relates.
27. The probate of the will, or the letiers of administration of the effects, of — Probates declared
valid as to
available by his executors or administrators for recovering, transferring or property though not
covered by
was possessed or entitled, eilher wholly or partially as a trustee, — courtfee. any person deceased heretofore or hereafter granted shall be deemed valid and assigning any movable or immovable property whereof or whereto the deceased noiwithslanding the amount or value of such property is no\ included in the amount or value of the estate in respect of which a court-fee was paid on such probate or letters of adminisiraLion.
13
258 The West Bengal Court-fees Act, 1970. [West Ben. Act
Provision for
case.\vhere loo
low a coun-fec
has been paid
on prob.iles,
etc.
Administrator
lo give
proper
security
before
letters
stamped
under
section
28,
Executors, cte., not paying full court-fee on probates, etc,, within six
months after discove/y of underpayment. (Chapter IV —Probates, letters of administration and certificates of administration Sections 28-30.)
28. Where any person on applying for probate or letters of administration has estimated ilie estate of the deceased lo be of less value than the same has afterwards proved to be, and has in consequence paid too low a court-fee thereon, the Board of Revenue for the local area in which the probate or letters has or have been granted may, on the value of the estate of the deceased being verified by affidavit or affirmation, cause lhe probate or letters of administration lo be duly stamped on payment of the full court-fee which ought to have been originally paid thereon in rcspcct of such value and of the further penalty, if the probate or letters is or are produced within one year from lhe dale of (he grant, of five times, or, if it or Ihey is or arc produced after one year from such dale, of twenty times, such proper courl-fec, without any deduction of lhe court-fee originally paid on such probale or letters:
Provided that, if lhe application be made within six months after lhe ascertainment of the true value of the estate and the discovery that too low a court-fee was at first paid on the probale or letters, and if lhe said Authority is satisfied that such fee was paid in conscquence of a mistake or of ils not being known al the lime (hat some particular part of the estate belonging lo the deceased, and without any intention of fraud or to delay the payment of the proper court-fee, the said Authority may remit the said penalty, and cause lhe probale or letlers to be duly stamped on payment only of die sum wanting to make up lhe fee which should have been al first paid thereon.
29. In case of letters of udminislralion on which too low a court- fee has been paid at first, the said Authority shall not cause the same to be duly stamped in manner aforesaid until (he administrator his given such security to the Court by which the letlers of administration have been granted as ought by law lo have been given on the granting (hereof in case lhe full value of the estate of the deceased has been then ascertained.
30. Where loo low a courl-fee has been paid on any probate or letlers of administration in consequence of any mistake, or of ils not being known al the time that some particular part of the estate belonged lo the deceased, if any executor or administrator acting under such probate or letters does not, wilhin six months after the discovery of the mistake or of any effects nol known at the time to have belonged to the deceased, apply lo the snid Authority and pay what is wanting lo make up (he court- fee which ought to have been paid at first on such probate or letters, he shall forfeit Ihe sum of one thousand rupees and also a further sum al the rale of ten per cent, on the amount of the sum wanting to make up the proper court-fee.
14
X of 1970.] The Wesf Bengal Court-fees Act, 1970. 259 39 of 1925.
(Chapter IV —Probates, letters of administration and certificates of administration.—Section 31.)
31. (L) Where an application for probate or tellers of administration is made to any Court oilier than Lhe High Court, the Court shall cause notice of Lhe application lo be given to the Collector.
(2) Where such an application as aforesaid is made lo the High Court, Lhe High Coun shall cause notice of the application to be given to the Board of Revenue for the local area in which the High Court is situated.
(3) The Collector within the local limits of whose Revenue-jurisdiction the property or the deceased or any part thereof is, may at any lime inspect or cause to be inspected, and Lake or cause lo be taken copies or, the record of any case in which application for probate or letters of administration has been made; and if, on such inspection or otherwise, lie is of opinion that the petitioner has under-estimated lhe value of The property of the deceased, the Collector may, if he thinks fit, require (lie attendance of the petitioner (either in person or by agent) and Lake evidence and inquire into the matter in such manner as he may think fit, and, if he is still of opinion that the value of the property has been under-estimated, may require the petitioner to amend ihe valuation.
(4) If the petitioner does not amend Lhe valuation lo Lhe satisfaction of the Collector, Ihe Collector may move the Court before which lhe application for probale or letters of adminislration was made, to hold an inquiry into the true value of the property:
Provided lhat no such motion shall be made after lhe expiration of six months from the date of the exhibition of the inventory required by section 317 of the Indian Succession Aci, 1925.
(5) The Court, when so moved as aforesaid, shall hold, or cause to be held, an inquiry accordingly, and shall record a finding as to the Irue value, as near as may be, at which the property of the deceased should have been estimated. The Collector shall be deemed to be a party to lhe inquiry.
(6) For the purposes of any such inquiry, lhe Court or person authorized by the Court Lo hold lhe inquiry may examine lhe petitioner for probate or letters of administration on oalh (whelher in person or by commission), and may take such further evidence as may be produced to prove the true value of the property. The person aulhorized as aforesaid lo hold the inquiry shall return to the Court the evidence taken by him and report the result of lhe inquiry, and such report and the evidence so taken shall be evidence in the proceeding, and the Court may record a finding in accordance wiih the report, unless it is saLisfied that it is erroneous.
(7) The finding of lhe Court recorded under sub-section (5) shall be final, but shall noi bar the entertainment and disposal by the Board of Revenue of any application under section 28.
(8) The Slate Government may make rules for the guidance of Collectors in Lhe exercise of lhe powers conferred by sub-section (3). Notice or
applications
Tor probale or
Idlers of
administration
to be given to
Revenue- aul
tidily and
procedure
thereon.
15
[West Ben. Acl
260 The We.vr Bengal Court-fees Act, 1970. (Chapter IV.—Probates, letters of administration and certificates of administration.—Sections 32-34.—Chapter V—Process-fees.— Section 35.)
Pilment or 32. (1) No order entitling lhe petitioner to the grant of probate or court-fees in _— letters of adjiimisir.ilion shall be made upon an application for such respect of gram until the petitioner has filed in lhe Court a valuation of the p ropales and property in the form set Forth in Schedule II, and the Court is satis ion. Tied that the Fee mentioned in No. 10 of Schedule I has been paid on such valuation.
(2) The grant of probate or letters of administration shall not be delayed by reason of any motion made by the Collecior under sub- section (4) of section 31.
Recovery or
penalties, 33. (1) Any excess fee found lobe payable on an inquiry held me under sub-section (6) of section 31, and any penalty or forfeiture under section 30, may, on (he certificate of Ihe Board of Revenue, be recovered from the executor or administrator as if it were an nrrear of land-revenue by any Collector.
(2) The Board of Revenue may remit the whole or any pan of any such penally or forfeiture as aforesaid, or any part of any penally under section 28 or of any court-fcc under section 28 in excess of Lhe full court-fee which ought to have been paid.
Sselion ° 34. Nothing in section 42 shall apply to probates or letters of not ID aj
to probates o administration.
letters. of
administra-
tion.
CHAPTER v
Pro cess-fees.
35. (1) The High Court shall, as soon as may be, make rules as to the following matters:— :
(i) the fees chargeable for serving and executing processes issued by such Court in its appellant jurisdiction, and by the other Civil and Revenue Courts established within the local limits of such jurisdiction;
(ii) the Fees chargeable For serving and executing processes issued by the Criminal Courts established within such limits in the case of offences other than offences for which police officers may arrest without a warrant; and
(iii) Ihe remuneration of Lhe peons and all other persons employed by leave of a Court in the service or execution oF processes.
(2) The High Court may from lime to time alter and add to the rules so made.
16
(3) All such rules, alterations and additions shall after being confirmed Con firm a- by the State Government be published in the Official Gazette, and shall publication thereupon have the force of law. of rules.
The Wesl Bengal Court-fees Act, J 970. 261
X of 1970.]
Rullis OS
(1) cus Li of processus.
17
(Chapter V. —Process-fees.—Sections 36-38.— Chapter VI._—Of the mode of levying feex.— Sec/ions 39-41.)
36. A table in lhe English and Vernacular languages, showing Lhe fees chargeable for such service and exec v lion, shall be exposed Lo view in a conspicuous part of each Court. twak Bawbiss to rules lo be matey Re fies CG cee Sed by tie Stale Government, every District Judge and every Magistrate of a District shall fix, and may from time to time alter, lhe number of peons necessary to be employed for the service and execution of processes issued out of his Court and each of the Courts subordinate thereto. Explanation.—For the purposes of ihis section, every Court of Small Causes established under the Provincial Small Cause Courts AcJ, 1887, shall be deemed to be subordinate to the Court of ihe District Judge.
Tables or
process
38. Subject lo rules to be framed by the Board of Revenue and approved by the Stale fees. Government, every officer performing lhe functions of a Collector of a district shall Fix, and may from time to time aller, Ihe number of peons neccssary to be employed for the service and execution of processes issued out of his Court or Lhe Courts subordinate lo Number of + peons in
him. district and
. subordinat CHAPTER VI OF the mode of levying fees. e Court',.
39. All fees referred Lo in section 3 and chargeable under ihis Act shall Number of 9 of 1H87. be collected by stamps. peons in
Mofui-.il
40. The stamps used to denote any fees chargeable under ihis Act shall eral be impressed or adhesive, or partly impressed and partly adhesive, as the Cours, State Government may, by notification in the Official Gazette from lime lo ti + Number of
ime, direct. :
peons in
R
Al. (D The State Government may, from time to lime, make rules for Courts. regulating—m=
(a) the supply of stamps to be used under this Act;
(b) the number of stamps to be used for denoting any fee chargeable under this Act;
(c) the renewal of damaged or spoiled stamps; and Collection
(d) the keeping or accounts of all stamps used under this Act: of fees by stamps,
Provided (hat, in the case of stamps used in the High Court, such stamps to be rules shall be made with the concurrence of the Chief Justice of that Court. impressed of
(2) All such rules shall be published in the Official Gazette, and shall adhesive. thereupon have lhe force of law.
Rules for
supply,
number,
renewal and
keepjng
accounts or
stamps.
18
The Wesl Bengal Court-fees Act, J 970. 263 X of 1970. tnapter VI.—Of the mode of levying fees Sections 42-44, Chapter VIS.— Miscellaneous.—Sections 45. 46.)
Slumping 42. (1) No document which ought to bear a stamp under this Act shall documeriLi =a tpi
inadver- be of any validity, unless and until it is properly stamped. vem (2) But, if any such document is through mistake or inadvertence received, filed or used in any Court or office without being properly stamped, the presiding Judge or the head of the office, as the case may be, or, in the case of Ihe High Court, any Judge of such Court, may, if he thinks fit, order that such document be stamped as he may direct; and on such document being stamped accordingly, the same and every proceeding relative thereto shall be as valid as if it had been properly stamped in the first instance.
43. Where any such document is amended in order merely to correct a Amended mistake and to make it conform to lhe original intention of ihe parties, ii document. shall nol be necessary to impose a fresh slump.
44. (1) No document requiring a stamp under this Act shall be filed or acted upon in any proceeding in any Court or office until the stamp has Cancellation
: been cancelled.
of si amp.
(2) Such officer as the Court or the head of the office may from lime to time appoint shall, on receiving any such document, forthwith effect such cancellation by punching out the figure-head so as lo leave lhe amount designated on the stamp untouched, and the part removed by punching shall be burnt or otherwise destroyed.
CHAPTER VII
Miscellaneous- Sale of 45. (]) The Stale Government may, from time lo time, make rules slamps. for regulating the sale of, and the particulars to be entered at the time of sale on, stamps lo be used under this Act, the persons by whom alone such sale is to be conducted, and the duties and remuneration of such persons,
(2) All such rules shall be published in lhe Official Gazette and shall thereupon have the Force of law.
(3) Any person appointed to sell stamps who disobeys .my rule made under this section, and any person nol so appointed who sells or offers for sale any stamps, shall be punished wilh imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
Enlargement 46. Where any period is fixed or granted by the Court for the doing o time. a prescribed or allowed by this Acl, the Court may, in its
discretion, from lime to time, enlarge such period, even 1 hough lhe period
19
originally fixed or granted may have expired.
264 The West Bengal Court-fees Act, J 970. {West Ben. Act
20
265
The West Bengal Court-fees Act, 1970. (Chapter VI.—Miscellaneous. —Sections 47-50. }
47. (1) The Siaie Governmeni may, from lime to lime, subject lo such conditions or X of 197Qshrictions as iimay think fit to impose, by noli fi cat ion in the Official Gazette, suspend the payment of or reducc or remit, in the whole of West Bengal or in any part therof", all or any of the fees mentioned in Schedules I and IT to this Act and may in like manner cancel or vary such order.
(2) The State Government may, from lime lo lime by rules, prescribe the manner in which any fee the payment of which is suspended under sub-section (!) may be realised and for this purpose direct that such fee may be recovered as a public demand.
48. Nothing in Chapters IT and VI of this Act applies to ihe Commission payable to the Accountant-Genera I of lhe High Court or to the fees which any officer of Ihe High Court is allowed to receive in addition to a fixed salary.
49. Until rules are framed under sections 9, 35, 41, 45 and subsection (2) of section 47 and until notifications are issued under subsection (1) of section 47, the rules and notifications in-force on the date of commencement of lhe Act in respect of matters referred to in those sections shall, in so far as they are not inconsistent with ihis Aci, continue.
50, (1) The Court-fees Act, 1870, in its application to Hie State of West Bengal and in relation lo the fees and stamps other than fees and stamps relating lo documents presented or to be presented before an officer serving under the Central Government is hereby repealed.
(2) All suits and proceedings instituted before the commencement of the West Bengal Court-fees Ordinance, 1969, and all proceedings by way of appeal, revision or otherwise arising therefrom whether instituted before or after such commencement shall, notwithstanding the repeal of the Court-fees Act, 1870, be governed by the provisions of the said Act and lhe rules made thereunder.
(3) The West Bengal Court-fees Ordinance, 1969. is hereby repealed. TOPIRTG. (4) Anything done or any action laken under the West Bengal Cauri-fees Ordinance, 1969, shall be deemed to have been validly done or taken under this Act as if this Act had commenced on the 10th day of January, 1970. West Ben.
Orel. XVII of
1969.
Power lo suspend, retlucc or rtimii fees. Saving or tees 10 cenain
officers of High Court. Continuance in force of Ihe existing rules. Repeal and
savings.
266 The West Bengal Court-fees Act, 1970. [West Ben. Act
Number.
). Plaint written statement
pleading a_ set-off or
counter claim or
memorandum of appeal
(nol otherwise provided
Tor in this
Acl) or Of CTOSS-
objection presented lo
>he High Court or any
Civil or Revenue Court
except ihe Court menti
on cdin sec li on 3.
'When lhe amount or value
or die subjecl-maller in
dispute docs nol exceed
seventy-five ru pees, fo r
eve ry five ru pees or pan
thereof of such amount or
value, and
when such amount or value
exceeds sevenly-five
tupees, for every five
Tupees or pan [hereof in
excess of seven ly- five
Tupees, up to one hundred
Tupees, and
when such amount or value
hundred
tupees, for every len rupees
exceeds one
or part [hereof, in excess of one hundred rupees, up to
one hundred and fifty
Tupees.
and
when such amouni or value
exceeds one hundred and
fifty rupees, for every len
Tupees or pan The necf, up
to one iho usand rupees,
nnd
when such aniounl or value
excceds one thousand
Tupees, for every one
hundred Tupees
orpamherrof, inexecssofone
thousand rupees, up lo
seven thousand five
(Schedule I.)
SCHEDULE I.
Ad valorem Fees
hundred rupees, and when such amount or value exceeds seven thousand five hundred rupees, forevery two hundred and fifty rupees or part thereof in excess of seven thousand five hundred rupees, up TD len thousand rupees, and
when such amount or value exceeds (en thousand rupees, for every five hundred rupees or part [hereof, in excess of len thousand Tupees, up [o twenty Thousand Tupees.
and
Forty paisc.
Fifty paise.
One rupee and sixty-five paise. One rupee and fifteen paisc. Seven rupees and fifty paise. Fifteen rupees.
Proper Fee.
Twenty-two rupees and fifty paisc.
22
X of 1970.] The Wesf Bengal Court-fees Act, 1970. Number.
(Schedule I.)
when such amount or value
exceeds twenty thousand rupees, lor every one thousand rupees or part [hereof, in excess of twenty thousand rupees, up to nrty thousand rupees, and when such amount or value exceeds fifty thousand rupees, for every five thousand rupees or part thereof, in excess uf fifty thousand Tupees:
Provided that the maximum
fee leviable on a plaint or memorandum of appeal shall be ten thousand rupees.
267
Proper Fee. Thirty rupees. Thirty-seven rupees and firty paise,
23
2. (a) Petition under sec tion 26 or the
5 of 1920. Provincia
1 Insolvency Act, 1920 or application 268 under section 95 of 5 of 1908. [West Berih
(h) appeal against order on a petition or
application _ falling under clause (a).
3. (a) Petition under sections $3 and 54 of the Piovincial
Insolvency Aci,
1920.
(b) appeal agatncl orderon a petition falling under clause (a)
whether by lhe
Official
Receiverorby The
unsuccessful party.
4. Application for review of judgment, if presented on orafter (he ninetieth day from the dale of the decriM.
An amount or the hair the scale of fee prescribed in article Ion the amount or
compensation claimed.
The West Bengal Court-fees Act, 1970. On the scale prescribed under article I on the amount in dispute.
An umount of one-half of the scale of Tee prescribed in article 1 on the market value of the subject-matter subject to a maximum fee or rupees five hundred. An amount of one- hair or the scale or Tec
prescribed in article 1 on the market value of lhe subjecl-m alter subject to a maximum fee or rupees five hundred.
The fte leviable on ihe plaint or memorandum of appeal.
24
X of 1970.] The Wesf Bengal Court-fees Act, 1970. 2 of 1899.
Number.
5, Application for review of judgment, if presented
before the ninetieth day
from the date of the
decree.
6. Copy or translation of ajudgmenlorordernol being, or having the force of, a decree.
7. Copy or a decree or order having lhe force of a decree.
8. Copyofanydocumenl liable to stamp, duty under the Indian Stamp Act, 1899. when left by any party to a suil or proceeding in place of lhe origin al wi thdrawn. When such judgment or order is passed by any Civil Court, other than the High Court, or by the presiding officerof any Reve nue Cou nor O rfice, or by any olhe t Jud i ci a I or Exec u live Aulhorily—
(a) IT (he amounl or value
269
(Schedule [.) of the subject-matter is fifty or less (han fifty rupees,
(b) If such amounl or value exceeds fl fly rupees. 'When such judgment or order is passed by lhe High Court. when such decree or order is made by any Civil Court olher than the High Court, or by any Revenue Court—
(a) irihe amounl or value of lhe subjeel-mailer of lhe suil wherein such decrce or orde tis m ade is fi fly or less lhan fifty rupees.
(b) If such amounl or value eJcecils nny rupees, When such decree or order is made by the High Court.
(a) When lhe chargeable on the original slamp-duty
docs nol exceed fi fly paisc.
(b) Inany other case. Forty paise.
Seventy-five paisc. One rupee and fifty paise.
Fifty paisc.
Proper Fee.
One-half of the fee leviable on Ihe plaint or memorandum of appeal.
One rupee.
Four rupees.
The amounl or ihe duly
chargeable on ihe original, Fifly paisc
25
270 The West Bengal Court-fees Act, 1970. [West Ben. Act
Number.
9. Copy or any revenue or judicial proceeding or order nol otherwise provided for by this Aci or copy ofany account, s lale me n 1, report or ihe like, taken out or any
10. Probale of a will or letters ofad minis Tralion with or widioul will annexed.
'When lhe amounl or value of lhe properly in n: spec Tar which the g ra nI of probale or k tiers of administration is made, exceeds (wo thousand Tupees, on such amounl ur value up lo ten thousand Tupees,
and
when .such amount or value exceeds lea thousand mpes, on (he portion of such amount or value which is in excess of ten thousand Tupees, up (o fifty (housand Tupees,
and
when such amounl or value exceeds fifty thousand tupees, On lhe portion of such amount or value which is in excess or fifty thousand Tupees, up io a lakh or Tupees,
anil
when such amounl or value excecds a lakh or rupees on[he porti on o rsueh amoun I or v al ue which is in excess or a lakli of rupees, up to two lakhs and fifty thousand rupees,
and
when such amount or value exceeds iwo lakhs and fifty thousand rupees On Lhe portion of such amount which is in excess of two lakhs and Rfly thousand Tupees, up to three lakhs or Tupees.
(Schedule I.)
Civil or Criminal or Revenue Coun or Office, or from the office of any Chief officer charged with (he executive ndminis- (nlion of a Division. For every three hundred and sixty words or fraction of three hundred and sixly words. Proper Fee.
Fifty paisc.
Two per cemuin.
Three per cenlum.
Four perecnlum.
Five per cenlum.
Five and a hair percenlum.
26
X of 1970.] The Wesf Bengal Court-fees Act, 1970. 39 of 1925.
Number.
ll. Certificate under the
Indian Succession Act.
1925.
when such amount or value [hire lakhs of
Tupees, on lhe portion or which
isincxcessorihreclnkhs of exceeds
such amount
Tupees, up lo four lakhs or Tupees,
and
when such amounl or value lakhs uf
Tupees, on lhe portion of excecds four
such amounl uhieh is in lakhs or
tupees. up Id five lakhs or excess af four
Tupees,
271
(Schedule I.) and
when such amounl ar value exceeds five lakhs of rupees, on The portion of such amounl which is in excess of five lakhs of Tupees:
Provided lhal when, after lhe gran I oT certificaic under Ihe Indian Succession Acl, 1925. in tespect ofany property included in an estate, agranl or probate or letters of administration is made in respect of the same estate, the fee payable in respcecl or lhe latter grant shall be reduced by the amounl of the fee paid in respect of lhe former grant.
When Lhe amounl or value of any debt or sccurily specified in Ihe cenilicale under scclion 374 of the Acl excecds one thousand Tupees.
and
when the aggregate amount or value of any debts or securities specified in the certificate and or any UebL!; or securities lo uhich the certificate has been extended under section 376 of Lhe Acl, execeds one thousand rupees. Proper Fee.
Six per centum,
Six and a half percenlum.
Seven per cen turn.
Two per centum on [he tirsl len thousand rupees.
three per ce n lum on ihe nex T Tony thousand rapes,
fou r pe r cen tu m on the ne* | fifty ihousand rupees, and five per centum on the nexl one lakh and _ fifty
Thousand ropees,
five and a hair per centum on the next fifty Thousand Tupees, six per cerium on the nexl one lakhofru pees, six and a hair per centum on the nexl one lakh or rupees, and seven per cenlum on the
remainder of such amounl or value.
27
272
[West Ben. Act Number.
The West Bengal Court-fees Act, 1970. (Schedule [.)
Proper Fee.
In respect of such portion or [be apgregale amounl or
value as consists of ihe a mou Hor vp luc o f deb is
orseeurilics so specified, the fee hereinberon: provided in that behal Tin iJiis article, and
Three per cenlum on such
portion at the firji ten
thousand rupees,
four and a half per centum on such portion of the next forty thousand rupees, sis per
ecnlum on such portion of
the next fifty thousand
Tupees, and seven and a hair perce nt um on such portion of ihe new one lakh and fifty thousand rupees,
eight and a quarter per
ecnlum on such portion or
the next fifty thousand
Tupees,
nine per centum on such
portion of lhe next one Jakh of rupees,
nine iind three-quarter per centum on such portion of
liic next one lakhof rupees, and
len and a half per cenlum on such portion tr ihe
temainder or such aggregate amounl or value as consisis of lhe amount or value oT
debts or securities lo which the certificate has been
extended.
Note,—() Theamounlor a
debl is ils amount including interest on lhe day on which the inclusion of the debl in Lite certificate is apfi lied fa r, so far as such amounl can be ascertained.
X of 1970.] The Wesf Bengal Court-fees Act, 1970. Number.
12. Plaint presented with an originating summons
under the Rules of the High Conn at Calcutta (Original Side), 1914. The fee leviable on a plaint in a suil for lhe same relief, subject to a minimum fee of thirty rupees.
Proper Fee.
273 Whether or nol any power with respect ID a securily specified in a certificate has been conferred, under the Act and where such a power has been so
conferred whether the power is Tor the receiving of interest or dividends on, or Tor the negotiation or transfer of the security, or for both purposes, (he value of the security is ils market-value on (Schedule 1.)
the day on which the
inclusion of the security in the certificate is applied for, so far as such valueCan be ascertained.
29
274 The West Bengal Court-fees Act, 1970. [West Ben. Act
(Schedule [.)
Table of rates of ad valorem fees leviable on the institution of suits. When Ihe amount But does noL Proper Fees,
or value of lhe exceed—
subject-matter
exceeds—
Rs. Rs. Rs. P.
5 0.40
5 10 0.75
10 15 1.15
15 20 1.50
20 25 1.90
25 30 2.25
30 35 2.65
35 40 3.00
40 45 3.40
45 50 3.75
50 55 4.15
55 60 4.50
60 65 - 4.90
65 70 5.25
70 75 5.65
75 80 6.15
80 85 6.65
85 90 7.15
90 95 7.65
95 100 8.15
100 110 9.75
110 120 11.40
120 130 13.00
130 140 14.65
140 150 16.25
150 160 18.00
160 170 19.15
170. 180 20.25
180 190 21.40
190 200 22.50
200 210 23.65
210 220 24.75
220 230 25.90
230 240 27.00
240 250 28.15
250 260 29.25
260 270 30.40
30
m>» .*s,V-.-s-8S-s * St yem
The Wei/ Bengal Conn-fees Act, 1970. (Schedule J.)
Table of rates of ad valorem fees leviable on the institution of suits —contd. When Lhe amounl
or value of the
subject-matter
exceeds—
Rs.
270
280
290
300
310
320
330
340
350
360
370
380
390
400
410
420
430
440
450
460
470
480
490
500
510
520
530
540
550
560
But does not exceed—
(Schedule 1.)
280
290
300
310
320
330
340
350
360
370
380
390
400
410
420
430
440
450
460
470
480
490
500
510
520
530
540
550
560
570
Proper Fees. Rs. P.
31.50
32.65
33.75
34.90
36.00
37.15
38.25
39.40
40.50
41.65
42.75
43.90
45.00
46.15
47,25
48.40
49.50
50.65
51.75
52,90
54.00
55.15
56.25
57,40
58.50
59.65
60.75
61.90
63.00
64.15
[West Ben. Act
275
Table of rates of ad valorem/ces leviable on lhe institution of suits contd. When the amount Bui does nol Proper Fees,
or value of Ihe excced—
subject-matter excecds—
Rs. Rs. Rs. P.
276 570 580 65.25
[West Ben. Act 580 590 66.40
590 600 67.50
600 610 68.65
610 620 69.75
620 630 70.90
630 640 72.00
640 650 73.15
650 660 74.25
660 670 . 75.40
670 680 76.50
680 690 77.65
690 700 78.75
700 710 79.90
710 720 81.00
720 730 82.15
730 740 83.25
740 750 84,40
750 760 85.50
760 7710 86.65
7710 780 87.75
780 790 88.90
790 800 90.00
800 810 91.15
810 820 92.25
820 830 93.40
830 840 94.50
840 850 95.65
850 860 96.75
32
(Schedule I.) Table of rates of ad valorem fees leviable on the institution of suits—contd. When lhe amount But does not Proper Fees.
or value of the exceed—
subject-matter excecds—
X of 1970.] Rs, Rs. Rs. P.
The Wesf Bengal 860 870 97.90
870 880 99.00
880 890 100.15
890 900 101.25
900 910 102.40
910 920 103.50
920 930 104.65
930 940 105.75
940 950 106.90
950 960 108.00
960 970 109.15
970 980 110.25
980 990 111.40
990 1,000 112.50
1,000 1,100 120.00
1,100 1,200 127.50
1,200 1,300 135.00
1,300 1,400 142.50
1,400 1,500 150.00
1,500 1,600 157.50
1,600 1,700 165.00
1,700 1,800 172.50
1,800 1,900 180.00
1,900 2,000 187.50
2,000 2,100 195.00
2,100 2,200 202.50
2,200 2,300 210.00
2,300 2,400 217.50
2,400 2,500 225.00
2,500 2,600 232.50
33
{Schedule I.) Table of rates of ad valorem fees leviable on the institution of suits. When Ihe amount Bui does nol Proper Fees,
or value of Ihe exceed—
subjedtamattes eBevegisiCourt-fees Act, 1970.
Rs. Rs. Rs. P.
2,600 2,700 240.00
2,700 2,800 247.50
2,800 2,900 255.00
2,900 3,000 262.50
3,000 3,100 270.00
3,100 3,200 277.50
3,200 3,300 285.00
3,300 3,400 292.50
3,400 3,500 300.00
3,500 3,600 307.50
3,600 3,700 315.00
3,700 3,800 322.50
3,800 3,900 330.00
3,900 4,000 337.50
4,000 4,100 345.00
4,100 4,200 352.50
4,200 4,300 360.00
4,300 4,400 367.50
4,400 4,500 375.00
4,500 4,600 382.50
4,600 4,700 390.00
4,700 4,800 397.50
4.800 4,900 405.00
4,900 5,000 412.50
5,000 5,100 420.00
5,100 5,200 427.50
5,200 5,300 435.00
5,300 5,400 442.50
5,400 5,500 450.00
5,500 5,600 457.50
34
35
276 The West Bengal Court-fees Act, 1970. [West Ben. Act
(Schedule I.)
Table of rates of ad valorem fees leviable on the institution of suits,—contd. When the amount But does not Proper Fee.
or value of the exceed—
subject-maiter
excecds—
Rs. Rs. Rs. P.
5,600 5,700 465.00
5,700 5,800 472.50
5,800 5,900 480.00
5,900 6,000 487.50
6.000 6,100 495.00
6,100 6,200 502.50
6,200 6,300 510.00
6,300 6,400 517.50
6,400 6,500 525.00
6.500 6,600 532.50
6,600 6.700 540.00
6,700 6,800 547.50
6,800 6,900 555.00
6,900 7,000 562.50
7,000 7,100 570.00
7,100 7,200 577.50
7,200 7,300 585.00
7,300 7,400 592.50
7,400 7,500 600.00
7,500 7,750 615.00
7,750 8,000 . 630.00
8,000 8,250 645.00
8,250 8,500 660.00
8,500 8,750 675.00
8,750 9,000 690.00
9,000 9,250 705.00
9,250 9.500 720.00
9,500 9,750 735.00
9,750 10,000 . 750.00
10,000 10,500 772.50
36
37
X of 19 (Schedule I.) The W mr odd CB ESEE PA dAloreny/eces leviable on the institution of suujts.—contd. When Lhe amount
or value of the
subject-matter
exceeds—
Rs.
10,500
11,000
11,500
12,000
12,500
13,000
13,500
14,000
14,500
15.000
15,500
16.000
16.500
17,000
17,500
18,000
18,500
19,000
19,500
20,000
21,000
22,000
23,000
24,000
25,000
26,000
27,000
28,000
29,000
30,000
Rs.
11,000
11,500
12,000
12,500
13,000
13,500
14,000
14,500
15,000
15,500
16,000
16,500
17,000
17,500
18,000
18,500
19,000
19,500
20,000
21,000
22.000
23.000
24.000
25,000
26,000
27,000
28,000
29,000
30,000
31,000
The West Bengal Conn-fees Act, J 970. (Schedule I.)
But does nol Proper Fee.
exceed—
Rs. P.
795.00
817,50
840.00
862.50
885.00
907.50
930.00
952.50
975.00
997.50
1,020.00
1,042.50
1,065.00
1,087.50
1,110.00
1,132.50
1,155.00
1,177.50
1.200.00
1,230.00
1,260.00
1,290.00
1,320.00
1,350.00
1,380.00
1,410.00
1,440.00
1,470.00
1,500.00
1,530.00
38
278
Table of rates of ad valorem fees leviable on the institution of suits —comd. When the amount Bui does not Proper Fee-,
or value of the exceed—
[West Ben. Act
subject-matter
exceedsS—m
Rs. Rs. . Rs. P.
31,000 32.000 1,560.00
32,000 33,000 1,590.00
33,000 34,000 1,620.00
34,000 35,000 1,650.00
35,000 36.000 1,680.00
36,000 37,000 1,710.00
37,000 38,000 1,740.00
38,000 39,000 1,770.00
39,000 40,000 1,800.00
40,000 41,000 _ 1,830.00
41,000 42,000 1,860.00
42,000 43,000 1,890.00
43,000 44,000 1,920.00
44,000 45,000 1,950.00
45,000 46.000 1,980.00
46,000 47,000 2,010.00
47,000 48,000 2,040.00
48,000 49,000 2,070.00
49,000 50,000 2,100.00
50,000 55,000 2,137.50
55,000 60,000 2,175.00
60,000 65.000 2,212,50
65,000 70,000 2,250.00
70,000 75,000 2,287.50
75,000 80,000 2,325.00
80,000 85,000 2,362.50
85,000 90,000 2,400.00
90.000 95,000 2,437.50
95,000 1,00,000 2,475.00
1.00,000 1,05,000 2,512.50
40
(Schedule I.) The West Bengal Court-fees Aci, 970. 279 X of 1970.]
When the amounl But does not or value of lhe excecd—
subject-ma tier
exceeds—
Rs, Rs. Rs. P.
] 05,000 1,10,000 2,550.00
J. 10,000 1,15,000 2,587.50
1.15,000 1,20,000 2,625.00
1,20,000 1,25,000 . 2,662.50
1,25,000 1,30,000 2,700.00
1,30,000 1,35,000 2,737.50
1,35.000 1.40.000 2,775.00
1,40,000 1,45,000 2,812.50
1,45,000 1,50,000 2,850.00
1,50,000 1,55,000 2,887.50
1,55,000 1,60,000 2,925.00
1,60,000 1,65,000 2,962.50
1,65,000 1,70,000 3,000,00
1,70,000 1,75,000 3,037,50
1,75,000 1,80,000 3,075,00
1,80,000 1,85,000 3,112.50
1,85,000 1,90,000 3,150.00
1,90,000 1,95,000 3,187.50
1,95,000 2,00,000 3,225.00
2,00,000 2,05,000 3,262.50
and the fees increases at the rate of thirty-seven rupees and fifi for every five thousand rupees, or part thereof, up to a maximum fe thousand rupees, for example—
Rs. Rs. P.
3,00,000 4,012.50
4,00,000 4,762.50
5,00,000 5,512.50
6,00,000 6,262.50
7,00,000 7,012.50
8,00,000 7,762.50
9,00,000 8,512.50
10,00,000 9,262.50
11,00,000 10,000.00
Proper Fee.
Table of rates of ad valorem/ec'j leviable on the institution of suits —concld.
41
280 The West Bengal Court-fees Act, 1970. [West Ben. Act
(Schedule IT.)
SCHEDULE
II. Fixed fees Number.
1. Application or petition (u) 'When pre sen led lo any officer of The Customs or Excise Departmenl or lo any Magistrate by any person Proper Fee. having dealings with | he Govern mem. and whe nI he subj eel-rait Fifteen paise. icr of such application relates
exclusively lo those dealings;
Or when presented (O any
officer of land- revenue by any
person holding lemporarily- scldecl land under direct engagement with Government, and when ihe subject- matter of the application or pelilion te I ates exe lu si ve ly lo such engagement: fifteen paisc.
Or when presented lo any
municipal Commissioner or
member of a Zilla Parishad under
any Acl for the lime being in forte Tor lhe conservancy or
improvement o fany place, if the
application or petition re laics
solely to such conservancy or
improve men 1;
Or when presented to
anyCivilCourtotherlhan a principal Fifteen paise. Civil Court of original jurisdiction, or lo any Court of Smul | Causes
consliluled under [he Provincial
Small Cause Courts Act, 1887, or
w a Collecior or olher officer of
revenue in relation to any suit or case in which The amount or value
of the subject-maller is less Thnn fifty rupees;
Fifteen paisc.
9 of 1887.
42
X of 1970.] The Wesf Bengal Court-fees Act, 1970. Number.
(b)
(c)
(Schedule I.)
Or when presented lo any
Civil, Criminal or Revenue Court, or lo any B oard or officer Tor lhe
purpose of obtaining 3 copy executive
or translation of any
judgment, decree or order
passed by such Court. Board or officer, or of any other documenl on record in such Court or office,
When containing a complaint or charge of any offence
other lhan 3n offence for
which police- officers may, under the Criminal
ProcedurcCode,
thou t wamui t, and presented arrest wi
to any Criminal Courl;
Or when presented to a
Civil, Criminal or Revenue Court, or to a Collector, or any Revenuc- offleer having jurisdiction equal or
subordinate to a Collector, or to any Magistrate in li is execu live capacity, and not other' wise provided for by this Aci;
Or lo deposit in Court
revenue or rent;
Or for determination by a
Court or the amount of
compensation lo be paid by a landlord to his tenant.
When presented lo the Board of Revenue or lo any Chie f O flice r charged with the executive admi- nis (ration of a Division and
notolherwiseprovided for by this Act.
Fifteen paise.
Proper Fee.
In the case of a complaint or charge of an _ offence
presented lo a Criminal Coun one mpee, and in other cases seventy-five paise.
In the case of a complaint or charge of an _ offence
presented lo a Criminal
Court one rupee, and in other cases seventy-five poise.
One rupee and fifty paise.
281
282 The West Bengal Court-fees Act, 1970. [West Ben. Act
(Schedule 11.)
Number. Proper Fee.
(d) For amesl or attachment before judgment or for temporary injunqlion— (i) when
presenled 1p p Civil Court olher Ihnn The High Coun in telation loanysuil or
proceeding—
(1) if [he value of (he subject-
matter is less than Rs. SO;
(2) if ihe value is Rs, 50 and
above;
(ii) when presented to the High Court, (¢) Under section 47 ant) Two rupees and fifly paise. Order XXT, rules 58 and 90 or
the Code or Civil Procedure, Five rupees.
1908—
@) when filed in Re
venue Court o r in
5 of 1908, Mttnsirs Coun;
Gi) when filed in [he .
City Civil Court,
One rupee.
One rupee.
Calcutta, a
SubordinateJudge's
Court or a District Two rupees and fifty paise. Court;
(iti) when filed in the High
Court.
(f) Under sections 34, 72, 73 and 74of[he Indian Trusts Act, 1882. Five rupees.
(g) (i) For probaleorlelters of administration lo Five rupees. have effect throug-
2 of 1882. hout India.
(ii) Application for probate Twenty-five rupees. or letters of
administration not
falling under clause
Ci)
(1) ir the value of lhe estate does nalescecd Rs.
1,000;
(2) if the value exceeds Rs. 5. five pii 1,000: eventy-five piist. Five rupees;
44
X of 1970.] The Wesf Bengal Court-fees Act, 1970. 283 (Schedule IT.)
Number. Provided thai if a caveat is entered and the application is tegistered as a suil, one-half (he scale of fee prescribed in Article Tof Schedule I on llic market value of lhe estate less the fee already paid on the application shall be levied, (h) Application under section 14 or seclion 20 of (he Arbitration Acl, 19-10, fora direction Tor filing on award or for an order for filing an
agreement and application Tor Enforcing foreign awaitfs— (i) when presented to a
Munsirs Court; (ii)
when presented to ihe
CilyCivil Court,
Calcutta, a Subor-
dinate Judge's Court,
a District Court or the
High Court—
(1) if ihe value or lhe subject-
mat | er of lhe award does not exceed Rs.
5,000:
(2) if such value escceds Rs.
5.000 but docs not exceed Rs. 10.000;
(3) if such value exceeds Rs.
10.D00.
(0 Pelilion lo the High Court for The admission of an
Advocate, Attorney or
Vakil.
Q) When preserved lo ihe High Court under section 115 of lhe Code of Civil Procedure, 1908. for revision of an order— i) when (he value of the suil (0 which the order relates does not exceeds Rs. 1,000;
Gi) when lhe value or the suit cxceed Rs.
Fifteen rupees.
Proper Fee.
Fifteen rupees.
One hundred rupees.
Two hundred and
Tupees.
Twenly rupees.
Five rupees.
Ten rupees.
fifty
10 of 1940.
5 of 1908.
45
284 The West Bengal Court-fees Act, 1970. [West Ben. Act
(Schedule IT.)
Number. Proper Fee.
'(k) When pre sen led lo Lhe
Higli Court—
Gi) for directions, orders or writs, other than [he One hundred rupees. writs in [he nature or
habeas corpus and the
writs arising out of
cas« challenging ony
law on luxation, under
article 226 of the
Consli tu lion of Indi a
for any purpose olher
than enforce me nt of
the fund a-
mental righis confc-
cred by Part HI thereof;
Gi) for writs in ihe nature of habeas corpus;
Gii) for writs under article
226 of (he Consli (ul No fee. ion of I ndi a in coses
challenging uny matter Two hundred and fifty rupees. on malion;
(iv) fordireclions. orders or wri is u nile r arti cle 226 or the Constitution oflndia for (he One hundred rupees. enforcement of any of
the fundamental ri gh is
conferred by Pan Til
thereof;
(vy) for the exercise of i is jurisdic lion under
article 227 of Ihe
Constitution of India;
(vi) inanyoihereasenoi provided Tor by ihis Act. One hundred rupees. One hundred rupees.
2. Original pelilion nol Coun. otherwise provided for. Five rupees. a Munsirs Cnun, ihe One
CilyCivilCoun, Calcutta, a When filed in— Subordinate Judge's Court or 0) Tupee. a Dislricl Court, ihe High iin} Twenty rupees.
'Clause (k) was inserted by s. 2(1) of the West Bengal Court-fees (Amendmenl) Aci. 1985 (Wesl Ben. Act XX£X of 1985). (i)
46
X of 1970.] The Wesf Bengal Court-fees Act, 1970. Number.
3. Application (o any Civil Court lhal records may be col led Tor Tram another Court,
A. Application for leave to sue as a pauper,
5. Application Tor leave to appeal as a pauper. <5, Plaint or memorandum of appeal in 3 suit to establish or disprove a tight or occupancy.
7. Bail instrument or obligation bond or other
give nin pu rsu ance of an order made by a Court or Magistrate under any section or the Code of Criminal
wo
Ns
fa)
(b)
When
application and is of opinion that
. Undertaking under sec lion
285
(Schedule IT.) Procedure, 1 £98, or the Whe n presented for the Code or Civil Procedure, conduc t of any one case— 1908, and not otherwise Proper Fee. provided Tor by this Act, Seventy-five paise in addition (o any fee levied on (he
application under clause (a),
clause (b), or clause (d) of
Article I of this Schedule.
49 o f thc Ind ian Divorce
Acu 1869.
Mukhtamama, Vaka- latnama Fifty paise.
or any paper signed by an
advocate signifying or
'When presented to a One rupee. District Coun. 'When presented lo a Two rupees, Commiss i one ror the Hi gh
Court.
=-- Fifty paisc.
intimating that he is retained
Tor a party—
(a) lo the High Court,
(b) to any Civil or Criminal Court,
lhe Court grants the Fi fly paise, the Transmission of such records involves The use of the post. 'Number 9 was substituted by s. 2 of lhe Wesl Bengal Court-fees (Amendment) Acl, 1980 (Wesl Ben. Acl XXT of 1980). 5 of 1B98.
5 of 1908.
Fifty paise.
4 of 186
Five rupees.
Two rupees.
47
286
[West Ben. Act 5 of 1908.
10.
Number.
(c) 10 Ihe Board of Revenue or lo
any
Revenue
Court.
lo any
Collector or
Magistrate or
(@) to any exe- cutive officer including any
officer
charged wilh
ihe executive
adminis-
iralion of a
Division.
Every copy of. powcr-of-attomey when filed in any suil or proceeding.
Memorandum of
appeal from an order inclusive of an older determining any
question under see lion 47 or section 144 of the Code of Civil Procedure, 1908, and nol
otherwise
provided for—
The West Bengal Court-fees Act, 1970. (Schedule IT.)
'When presented —
Gi) to any Court other Ihan the High Court or lo any Execulive Officer other than the Board of Revenue or Chier
Executive Authority,
lii) ID the Board of Revenue or Chief Executive Authority,
ii) lo the High Court—
(1) Where lhe order was poised by a Subordinaie Court or other auLhorily—
(a) if die order (dales lo a suit or proceeding, die value of which excecds one
thousand rupees.
(b) in any odicr case.
(2) Where ihe appeal is under clause 15 of the Lcllers Pal en J—
(a) from an order passed in exercise of appellate jurisdiction,
Proper Fee.
Two rupees.
Two mpces,
Seventy-five paisc. One rupee.
Two rupees.
Ten ropeex.
Five rupees.
Ten rupees.
X of 1970.] The Wesf Bengal Court-fees Act, 1970. 287
49
Tlie Wejr Bengal Court-fees Act, 1970. X of 1970.]
Number.
12. Memorandum or appeal under scclion 3? of I he Arbitration Ad. I Wo.
(b) from an order
passed in
13. Caveat
14. Application under AcINo.Xof1859,
scclion 26, or Bengal Aci No. VI of 1362, section 9,
(Schedule IT.)
cacreise oT original ju- tisdiction. which would be appealable under! he Code of Civil Procedure, I90B had it been passed by a Subordinate Court, '{bb) from an order on a writ petition under article 226 of the
India,
Constitution of
(bbb) from an order on a writ petition or application arising aul ofany cose challenging any matter on taxation,
(c) in any other ease.
(3) Where the appeal is under see lion 4 5B or the Banking Companies Act, 1949.
(4) Where the appeal is under section 411A or the Code of Criminal Procedure, 1E98.
(iv) to the Government in pursuance or a statutory right lo appeal Tor which no court-Tee is leviable under any olher enacttnent.
(i) When: the appeal is from an order of a Munsif s Court,
Gi) in any olher case
Proper Fee. Ten rupees.
Two hundred rupees. Five hundred
288
Tupees. One hundred rupees. S of 1908. One hundred rupees.
Five rupees.
Five rupees.
Fifteen rupees, One
hundred rupees.
10 of 19.19.
5 of 1898.
19 of 1900.
Ten rupees.
Five rupees.
'Sub-items (bb) and (bbb) were inserted by s. 2(2) of the Wesl Bengal Court-Tees (Amendment) Act, 1985 (West Ben. Act XXIX of
1985).
50
The West Bengal Court-fees Act. J970. 289 X of 1970.]
5 of 1908.
(i)
(ii)
(iii)
(iv)
(vy)
(vi)
1
Number. 5.
PL
aint or memo- tandum of appeal in each or [he followin
g suiLs:—
lo alter or scl aside a summary decision or order of any of [lie Civil Courts nol
established by Letters Palent or or any Revenue
Court.
lo alter or cancel any entry ina
tegister of lhe names of
proprietors of Tevenue-paying estates.
to obtain a
declaratory
decree where no consequential
telief is prayed, lo set aside an award,
to sel aside an adoption,
every other suit where it is nol possible lo
estimate at a
money-value the subjeel-malter in i dispute, and whieh is not
otherwis
e provided for by this Acl.
Agreement in
writing staling a question for the opinion of the Court under the Code of = Civil Procedure,
1908—
(Schedule IT.) Proper Fee.
Fifteen rupees, Fifteen rupees, Twenty rupees, Fifteen rupees. Twenty rupees, m Fifteen rupees. @) when presented lo any courl Ten rupees, subordinate lo the High Court.
(ii) when presented lolhe High Court. One hundred rupees.
51
290
[West Ben. Act Number.
17, Petition in a suil under lhe Native Converts'
Marriage Dissolution
Aci, 1866.
IS. Every petition under lhe Indian Divorce Aci,
1869, except petitions
under section 44 of the same Act, and every
memorandum of appeal
under sec linn 55 oT
(he same Act.
19. Every peliiion for testi lu t ion o f co nj u gal tights, judicial separa- tion, divorce or divorcee by mulual consent
under the
Special Marriage Aci, 1954, and every
memorandum of
appeal under scclion
39 of the same Act.
20. Every petition for testi lu tio no fco nju gal tights, judicial separn- lion or divorce under lhe Hindu Marriage
Aci, 1955, and every memorandum of
appeal under section 28 of lhe same Aci.
21. Plaint or memoran- dum of appeal under lhe Parsi Marriage and Divorce Act, 1865.
22. Petitions under lhe Indian Christian Marriage Aci, 1S72.
23. Plaint or memoran- dum of appeal when presented lo a Court under the Indian Colonial Divorce Jurisdiction Act, 1926. The West Bengal Court-fees Act, 1970. (Schedule il.)
Proper Fee.
Five rupees.
21 of 1866.
Tweniy rupees.
4 of IB69.
Five rupees.
43 of 1954.
Five rupee!:,
25 of 1955.
Tweniy rupees,
15 of [365.
Two rupees.
15 of 1372.
Fifly rupees.
291 TTie We.rt Bengal Court-fees Aci, 1970. [West Ben. Act
(Schedule 11.)
Number,
14, Plain! or memorandum of
appeal when presented to a Court under the 8 or Proper Fee. 1939. Dissolution or Muslim
Ten rupees.
Marriage Acl, 1939.
25. Petition—
(a) Questioning lhe elecli on or any pe rson as a Municipal Com- missioner. when presented loa Dislricl Judge under section 36 or ihe Bengal Municipal Acl, 1932 or tolhe ChieTJudge, Small Cause Court of Calcutta Fifteen rupees. under section Ti oT lhe Calcutta Municipal Act, 1951, or lo the District Judge, Howrah under lhe same section of ihe sa me Ac | as ame nd ed
bylheHow rah Municipal Act, 1965.
(b) Questioning ihe va Ti di ly of an eleel ion under Fifleen rupees. the West Bengal Zilla
Prin\hatk Act, 1963,
when presented to a
Ben, Acl XV of
1932.
District Judge under see I ion ID2 of lhe said Acl lo decide dispute telating lo such cleclions.
Wesl Ben. Acl
XXXII of
1951.
26. Application or petition Wesl Ben. Aci to lhe Court under see T ions XVII of 1965. ° 391, 439 or 523 of Ihe Companies Acl, 1956.
West Ben. Acl
XXXV of. Pe
Any olher application or
1963. y Pp
petition (o ihe Court for
judicial action or relief
under the said Acl, not
otherwise provided for
under this Acl.
Fifty rupees.
Ten rupees.
53
The Wei/ Bengal Conn-fees Act, 1970. 292 (Schedule II.)
SCHEDULE IIL
ANNEXURE A
VALUATION OFTHE MOVABLE AND IMMOVABLE PROPERTY OF
, DECEASED.
Cash in the houseand at the banks, household goods, wearing- apparel, books.plate, jewels, etc.
(State estimated value according to best of Executor's or Administrator's belief.)
Property in Government sccuritics transferable al lhe Public Debt Office.
(Slate description and value ai the price of the day; also Lhe in teres i separately, calculating it to lhe time or making lhe application.)
Immovable property consisting of .. .. ..
(S ta te d esc rip tion, giving, in the cas e of hou ses, the assessed value, if any, and the number of year's assessment the market-value is estimated at, and, in the case of land, Lhe area, Lhe markeL-value and all rents that have accrued.) Leasehold property a
(If the deceased held any leases for years determinable, state the number of year's purchase the profit rents are estimated lo be worth and the value of such, inserting separately arrears due at lhe date of deaLh and all rents received or due since that date to the time of making lhe application.)
Property in public companies
(Slate the particulars and the value calculated at t the price of the day; also the interest separately, calculating it lo the time of making the application.)
Policy of insurance upon life, money put on mortgage and other securities, such as bonds, mortgages, bills, notes and other securities For money.
(Statelheamountoflhewhole;alsotheinlerestseparalcly, calculating it to the lime of making the application.) Book Debts
. (Other than bad.) Stock in trade wees (Stale the eslimated value, if any.)
54
X on 970.] The VVej/ Bengal Court-fees Act, 1970. 293 [West Ben. Act X of 1970.]
(Schedule II.)
Other property not comprised under the foregoing heads.. (Slate the estimated value, if any.)
Total ..
Deduct—amount shown in Annexure B not subject .. lo duty Net Total ..
ANNEXURE B SCHEDULE OF DEBTS, ETC.
Rs. P.
Amounl of debts due and owing from the deseasetl, payable by law out of Lhe estate. - + -
Amount of funeral expenses ee gy oe
Amount of mortgage incumbrances .. .. ..
Property held in trust not beneficially or with general power t 0 confer a beneficial interest. tee
Other property not subjecL to duly ., .. ..
Tolal .,
55