1959 : XXXVI ] Maharashtra Court-fees Act
GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT
Act No. XXXVI of 1959.
THE MAHARASHTRA COURT-FEES ACT
( As modified upto the 4th March 2016 )
PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS, MUMBAI AND
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,
MAHARASHTRA STATE, MUMBAI 400 004
[ Price : Rs. 37.00 ]
*
1959 : XXXVI ] Maharashtra Court-fees Act
H 4116—1
THE MAHARASHTRA COURT-FEES ACT.
CONTENTS
PREAMBLE.
SECTIONS. PAGES
CHAPTER I
PRELIMINARY.
1. Short title, extent, commencement and application. . . . . 2
2. Definitions. . . . . 2
CHAPTER II
FEES IN THE HIGH COURT AND IN THE SMALL CAUSES COURT AT BOMBAY.
3. Levy of fees in High Court on its original side. . . . . 2
Levy of fees in Bombay Small Causes Court. . . . . 2
4. Procedure in case of difference as to necessity or amount of fee. 3
CHAPTER III
COMPUTATION OF FEES.
5. Fees on documents filed, etc., in Courts or in public offices. . . 3
6. Computation of fees payable in certain suits— . . . . 4
(i) for moneys. . . . . 4
(ii) for maintenance and annuities. . . . . 4
(iii) for other moveable property having a market value. . . 4
(iv) (a) against recovery of any money due as a tax, etc. . . 4-7
(b) similar claim in respect of moveable property.
(c) for status with monetary attribute.
(d) for ownership, etc., of immoveable property, etc.
(e) declaration for easements, etc.
(f) for other status without monetary attribute.
(g) for charge on property.
(h) for periodical money returns.
(ha) for avoidance of sale, contract for sale, etc.
(hb) for avoidance of acquisition proceedings.
(i) for accounts.
(j) for other declarations.
(v) for possession of lands, houses and gardens. . . . . 7
(vi) to enforce a right of pre-emption. . . . . 8
(vii) for share in joint property. . . . . 8
(viii) for interest of assignee of land revenue. . . . . 8
(ix) to set aside an attachment. . . . . 8
(x) to redeem. . . . . 8
to foreclose.
(xi) for specific performance. . . . . 8
(xii) between landlord and tenant. . . . . 8
Maharashtra Court-fees Act [1959 : XXXVI
SECTIONS.
7. Fee on memorandum of appeal against order or award . . 9
relating to compensation in certain cases.
8. Inquiry as to valuation of suits. . . . . 9
9. Investigation to ascertain proper valuation. . . . . 10
10. Power of persons making inquiry under sections 8 and 9. . . 10
11. Costs of inquiry as to valuation and refund of excess fee. . . 10
12. Appointment of inspecting officers and recovery in cases . . 10
reported by them.
13. Taxing of court-fees and their recovery in suits for mesne . . 11
profits or accounts.
14. Decision of questions as to valuation. . . . . 11
15. Refund of fee paid on memorandum of appeal. . . . . 12
16. Refund of fee on application for review of judgement. . . . . 12
17. Refund where Court reverses or modifies its former decision . . 12
on ground of mistake.
17A. Period of limitation for refund of fees under section 15, 16 or 17. 13
18. Multifarious suits. . . . . 13
19. Written-examinations of complainants. . . . . 13
20. Exemption of certain documents. . . . . 13
CHAPTER IV
PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF
ADMINISTRATION.
21. Relief where too high a court-fee has been paid. . . . . 14
22. Relief when debts due from a deceased person have been . . 15
paid out of his estate.
23. Relief in case of several grants. . . . . 15
24. Probates declared valid as to trust property, though not . . 15
covered by court-fee.
25. Provision for case where too low a court-fee has been paid . . 16
on probates, etc.
26. Administrator to give proper security before letters stamped . . 16
under section 25.
27. Executors, etc. not paying full court-fee on probates, etc. . . 16
within six months after discovery of under payment.
28. Notice of applications for probate or letters of administration . . 17
to be given to revenue authorities, and procedure thereon.
29. Payment of court-fee in respect of probate and letters of . . 17
administration.
30. Recovery of penalties, etc. . . . . 18
(ii)
PAGES
1959 : XXXVI ] Maharashtra Court-fees Act
SECTIONS.
31. Sections 5 and 40 not to apply to probates or letters of . . 18
Administration.
CHAPTER V
PROCESS FEES.
32. Rules as to costs of processes. . . . . 18
Confirmation and publication of rules.
33. Tables of process fees. . . . . 18
34. Number of peons in District and Subordinate Courts. . . . . 18
Number of peons in Mofussil Small Causes Courts.
35. Number of peons in Revenue Courts. . . . . 19
CHAPTER VI
OF THE MODE OF LEVYING FEES.
36. Rate of fee in force on date of presentation of document to . . 19
be applicable.
37. Collection of fees by stamps. . . . . 19
38. Stamps to be impressed or adhesive. . . . . 19
39. Rules for supply, number, renewal and keeping accounts . . 19
of stamps.
40. Stamping documents inadvertently received. . . . . 19
41. Amended document. . . . . 20
42. Cancellation of stamp. . . . . 20
CHAPTER VII
MISCELLANEOUS.
43. Repayment of fee in certain circumstances. . . . . 20
44. Admission in criminal cases of documents for which proper . . 21
fee has not been paid.
45. Sale of stamps. . . . . 21
46. Power to reduce or remit fees. . . . . 21
47. Saving of fees to certain officers of High Court. . . . . 21
48. Saving as to stamp duties. . . . . 22
49. Repeal and saving. . . . . 22
50. Amendment of Suits Valuation Acts. . . . . 22
51. Reduction of court-fee from amount of stamp duty payable on . . 22
final order of partition.
52. Rules made by Government to be laid before State . . . . 23
Legislature.
(iii)
H 4116—1a
PAGES
Maharashtra Court-fees Act [1959 : XXXVI(iv)
SCHEDULES.
I. Ad valorem fees. . . . . 23
Table of rates of ad valorem fees leviable on the institution
of suits.
II. Fixed fees. . . . . 32
III. Form of valuation. . . . . 43
ANNEXURE A : Valuation of the moveable and immoveable property 43
of deceased.
ANNEXURE B : Schedule of Debts, etc. . . . . 44
IV. Laws repealed. . . . . 45
V. Laws amended. . . . . 45
PAGES
1959 : XXXVI ] Maharashtra Court-fees Act
ACT No. XXXVI OF 1959.1
[THE MAHARASHTRA COURT-FEES ACT.]
[This Act received the assent of the President on the 9th June 1959 ;
the assent was first published in the Bombay Government Gazette, Part
IV, on the 16th June 1959.]
Adapted and modified by the Maharashtra Adaptation of Laws (State
and Cocurrent Subjects) Order, 1960.
Amended by Mah. 18 of 1960.
„ „ ,, 18 of 1966.
„ „ ,, 33 of 1967.
„ „ ,, 9 of 1970.
„ „ ,, 28 of 1970.
„ „ ,, 50 of 1974 (21-9-1974).*
„ „ ,, 57 of 1974 (12-12-1974).*
„ „ ,, 10 of 1976 (12-4-1976).*
„ „ ,, 12 of 1976 (1-7-1976).*
„ „ ,, 50 of 1976 (1-4-1976)*.
„ „ ,, 51 of 1976.
„ „ ,, 59 of 1977 (1-1-1978).*
„ „ ,, 15 of 1984 (31-7-1984).*
„ „ ,, 26 of 1986.
„ „ ,, 34 of 1994 (11-5-1994).*
„ „ ,, 23 of 1996.
„ „ ,, 23 of l997 (2l-2-1997).*†
„ „ ,, 26 of 2000 (3-3-2000).*‡
„ „ ,, 18 of 2002 (1-10-2001)*‡‡
„ „ ,, 22 of 2004.(28-9-2004).*@
„ „ ,, 17 of 2008 (1-7-2008) *
„ „ ,, 9 of 2010 (1-9-2009)*$
„ „ ,, 25 of 2011 (8-6-2011) *$$
„ „ ,, 24 of 2012 (22-8-2012) *
An Act to consolidate and amend the law relating to fees taken
in the courts and public offices and fees taken in respect of certain
matters in the State of Bombay, other than fees falling under
entries 77 and 96 of List l in the Seventh Schedule to the
Constitution of India.
Whereas it is expedient to consolidate and amend the law relating to
fees taken in the courts and public offices and fees taken in respect of
certain matters in the State of Bombay, other than fees falling under
entries 77 and 96 of List I in the Seventh Schedule to the Constitution of
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1959 Part V,
p. 192; for report of Select Committee, see ibid., pp. 244-306.
* This indicates the date of Commencement of Act.
† Maharashtra Ordinance No. VIII of 1997 was repealed by Mah. XXIII of 1997, s.3.
‡ Maharashtra Ordinance No. IV of 2000 was repealed by Mah. XXVI of 2000, s.3.
‡‡ Maharashtra Ordinance No. III of 2002 was repealed by Mah. XVIII of 2002, s.9.
@ Maharashtra Ordinance No. XXXI of 2004 was repealed by Mah.XXII of 2004, s.4.
$ Maharashtra Ordinance No. III of 2010 was repealed by Mah. IX of 2010, s.3.
$$ Maharashtra Ordinance No. XVI of 2011 was repealed by Mah. XXV of 2011, s.8.
Maharashtra Court-fees Act [1959 : XXXVI
India ; It is hereby enacted in the Tenth Year of the Republic of India as
follows :—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called 1[the Maharashtra Court-fees Act].
(2) It extends to the whole of the 2[State of Maharashtra].
(3) It shall come into force on such 3date as the State Government may,
by notification in the Official Gazette, appoint.
(4) The provisions of this Act shall not apply to fees or stamps relating
to documents presented or to be presented before any officer serving
under the Central Government.
(5) In the absence of any specific provision to the contrary nothing in
this Act shall affect any special law now in force relating to fees taken in
the courts and public offices.
2. In this Act, unless the context otherwise requires—
(a) “Chief Controlling Revenue Authority” means such officer as the
State Government may, by notification in the Official Gazette, appoint in
this behalf for the whole or any part of the 2[State of Maharashtra] ;
(b) “ Collector” includes any officer authorised by the Chief
Controlling Revenue Authority to perform the functions of a Collector
under this Act ;
(c) “Plaint” includes a written statement pleading a set-off or counter-
claim.
CHAPTER II
FEES IN THE HIGH COURT AND IN THE COURT OF SMALL
CAUSES AT BOMBAY
3. The fees payable for the time being to the clerks and officers
(other than the sheriffs and attorneys) of the High Court ;
or chargeable in that Court under No. 10 of the first, and Nos. 11, 14,
17, 20 and 21 of the Second Schedule to this Act annexed ;
and the fees for the time being chargeable in the Court of Small
Causes at Bombay and its office,
shall be collected in manner hereinafter appearing.
1 This short title was amended for “Bombay Court-fees Act, 1959” by Mah 24 of 2012, ss.
2, Schedule, entry 77, w.e.f. 1-5-1960.
2 These words were substituted for the words “State of Bombay” by the Maharashtra
Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
3 1st day of August 1959 (vide G.N., H.D., No. CFA. 1056-III (a), dated 15th July 1959.)
Definitions.
Short title,
extent,
commence-
ment and
application.
Levy of fees in
High Court on
its original
side.
Levy of fees in
Bombay
Small Causes
Court.
1959 : XXXVI ] Maharashtra Court-fees Act
4. (1) When any difference arises between the Officer whose duty it
is to see that any fee is paid under this Chapter and any suitor or attorney,
as to the necessity of paying a fee or the amount thereof, the question
shall, when the 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 within 1[thirty days] from the date of the decision, by
the suitor or attorney or such officer as may be appointed in this behalf by
the State Government, by the Chief Justice or by such Judge of the High
Court as the Chief Justice shall appoint either generally or specially in
this behalf. The Chief Justice shall declare who shall be taxing-officer
within the meaning of this sub-section.
(2) When any such difference arises in the Court of Small Causes of
Bombay, the question shall be referred to the Clerk of the Court, whose
decision thereon shall be final, subject to revision, on an application, made
within 1[thirty days] from the date of the decision, by the party concerned
or such officer as may be appointed in this behalf by the State Government,
by the Chief Judge of the Small Cause Court or by such Judge of that
Court as the Chief Judge shall appoint either generally or specially in this
behalf.
CHAPTER III
COMPUTATION OF FEES.
5. (1) No document of any of the kinds specified as chargeable in the
first or second Schedule to this Act annexed shall be filed, exhibited or
recorded, in any Court of Justice, or shall be received or furnished by any
public officer, unless in respect of such document there has been paid a fee
of an amount not less than that indicated by either of the said Schedules
as the proper fee for such document.
(2) When any difference arises between the officer whose duty it 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 the question arises in the High Court, be referred to the taxing
officer whose decision thereon shall be final, subject to revision, on an
application, made within 1[thirty days] from the date of the decision, by
the suitor or his pleader or such officer as may be appointed in this behalf
by the State Government, by the Chief Justice or by such Judge of the High
Court as the Chief Justice shall appoint either generally or specially in
this behalf.
(3) When any such difference arises in the City Civil Court, Bombay,
the question shall be referred to the Registrar of the City Civil Court
whose decision shall be final, subject to revision, on an application, made
within 1[thirty days] from the date of the decision, by the party concerned
or such officer as may be appointed in this behalf by the State Government,
by the Principal Judge or such other Judge of the said Court as the
Principal Judge shall appoint either generally or specially in this behalf.
1 These words were substituted for the words “ sixty days ” by Mah. 28 of 1970, s. 2.
Procedure in
case of
difference as
to necessity or
amount of fee.
Fees on
documents
filed, etc., in
Courts or in
public offices.
Maharashtra Court-fees Act [1959 : XXXVI
(4) When such difference arises in any other Court, the question shall
be referred to the final decision of the Judge presiding over such Court.
1 * * * * * * *
6. The amount of fee payable under this Act in the suits next
hereinafter mentioned shall be computed as follows :—
(i) In suits for money (including suits for damages or compensation, or
arrears of maintenance, of annuities, or of other sums payable periodically)—
according to the amount claimed ;
(ii) In suits for maintenance (with or without a prayer for the creation
of a charge) and for 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, in the case of a suit for maintenance, the amount claimed to
be payable for one year and in any other case, ten times such amount :
Provided that if in a suit for maintenance the plaintiff obtains a decree
for maintenance the defendant shall be liable to make good the deficit, if
any, between the fee payable on ten times the amount awarded for one
year and the fee already paid by the plaintiff ; and the amount of such
deficit shall, without prejudice to any other mode of recovery, be recoverable
as an arrear of land revenue ;
(iii) In suits for moveable property other than money, where the
subject matter has a market-value—according to such value at the date of
presenting the plaint ;
(iv) (a) In suits for declaration to obatin adjudication against recovery
of money from the plaintiff, whether the recovery is as land revenue or
arrears of land revenue or tax or duty or cess or fee or fine or penalty or
under any decree or order of a court or any certificate or award other than
under the Arbitration Act, 1940, or in any other manner-one fourth of ad
valorem fee leviable on the amount sought to be recovered according to the
scale prescribed under Article 1 of Schedule I with minimum fee of 2[ sixty
rupees]:
Provided that, when in addition any consequential relief other than
possession is sought, the amount of fee shall be one half of ad valorem fee
on the amount sought to be recovered :
Provided further that, when the consequential reliefs also sought
include a relief for possession the amount of fee shall be the full ad
valorem fee on the amount sought to be recovered ;
Computation
of fees
payable in
certain suits.
for money.
for mainte-
nance and
annuities.
for other
moveable
propoerty
having a
market value.
against
recovery of
any money
due as a tax,
etc.
1 Sub-section (5) was deleted by Mah. 59 of 1977, s. 8.
2 These words were substitued for the words “ thirty rupees ” by Mah. 18 of 2002, s. 2 (a)(1).
X of
1940.
1959 : XXXVI ] Maharashtra Court-fees Act
(b) In suits for declaration similar to those falling under sub-paragraph
(a) in respect of moveable property—one fourth of ad valorem fee leviable
on the value of the moveable property subject to the minimum fee as under
sub-paragraph (a) :
Provided that when in addition any consequential relief other than
possession is sought, the amount of fee shall be one-half of ad valorem fee
leviable on the value of such property :
Provided further that when the consequential reliefs also sought
include a relief for possession the amount of fee shall be the full ad
valorem fee leviable on such value ;
(c) In suits for declaration of the status of plaintiff, to which
remuneration, honorarium, grant, salary, income, allowance or return is
attached, one-fourth of ad valorem fee leviable on the emoluments or value
of return for one year :
Provided that, when in addition any consequential relief other than
possession is sought the amount of fee shall be one-half of ad valorem fee
on such emoluments or value of return :
Provided further that when the consequential reliefs also sought
include a relief for possession the amount of fee shall be the full ad
valorem fee on such emoluments or value of return ;
(d) In suits for declaration in respect of ownership, or nature of
tenancy, title, tenure, right, lease, freedom or exemption from, or non-
liability to, attachment with or without sale or other attributes, of
immoveable property, such as a declaration that certain land is personal
property of the Ruler of any former Indian State or public trust property
or property of any class or community—one-fourth of ad valorem fee
leviable for a suit for possession on the basis of title of the subject-matter,
subject to a minimum fee of 1[one hundred rupees] :
Provided that if the question is of attachment with or without sale the
amount of fee shall be the ad valorem fee according to the value of the
property sought to be protected from attachment with or without sale or
the fee of 2[sixty rupees], whichever is less :
Provided further that, where the defendant is or claims under or
through a limited owner, the amount of fee shall be 3[one-third] of such ad
valorem fee, subject to the minimum fee specified above :
Provided also that, in any of the cases falling under this clause except
its first proviso, when in addition any consequential relief other than
possession is sought the amount of fee shall be one-half of ad valorem fee
and when the consequential reliefs also sought include a relief for possession
the amount of fee shall be the full ad valorem fee ;
1 These words were substituted for the words “ forty rupees” by Mah. 18 of 2002,
s. 2(a) (2)(i).
2 These words were substituted for the words “ thirty rupees ” by Mah. 18 of 2002,
s. 2 (a) (2) (ii).
3 These words were substituted for the words “ one-sixth ” by Mah. 23 of 1996, s.2 (A) (iii).
similar claim
in respect of
moveable
property.
for status with
monetary
attribute.
for ownership
etc. of
immoveable
property, etc.
H 4116—2
Maharashtra Court-fees Act [1959 : XXXVI
(e) In suits for declaration of easement or right to benefits arising out
of immoveable property, with or without an injunction or other consequential
relief, the amount of fee shall be as shown in the Table below :—
1 [TABLE
Area Fee
(1) (2)
(a) The area within the limits of one-fourth of the ad valorem fee
the Municipal Corporation of leviable for a suit for
Brihan Mumbai or the possession of the servient
Corporation of the City of the tenement or the dominant
Nagpur or any Municipal tenement, whichever is less,
Corporation constituted under subject to a minimum fee of
the Bombay Provincial one hundred rupees.
Municipal Corporations Act, 1949.
(b) Areas within the limits of one-sixth of the ad valorem fee
Municipal Councils constituted leviable for a suit for
under the Maharashtra possession of the servient
Municipal Councils, Nagar tenement or the dominant
Panchayats and Industrial tenement, whichever is less,
Townships Act, 1965. subject to a minimum fee of one
hundred rupees.
(c) Any other area in the State of one hundred rupees.]
Maharashtra.
(f) In suits for declaration of status to which no direct monetary
attribute is attached such as a declaration that the plaintiff
is a married husband or wife of the defendant or divorced husband
or wife of the defendant or a declaration about legitimacy of children or
about citizenship rights or about an adoption 2[one hundred
rupees] :
Provided that where injunction or other consequential relief is also
sought in such case, the amount of fee shall be 3[one hundred fifty rupees] ;
(g) In suits for declaration of a charge in favour of the plaintiff on
moveable or immoveable property—one-half of ad valorem fee payable on
the charge amount :
Provided that where injunction or other consequential relief is also
sought in such cases, the amount of fee shall be the full ad valorem fee
payable on the charge amount ;
1 This Table was substituted by Mah. 18 of 2002, s.2 (a)(3).
2 These words were substituted for the words “sixty rupees”, by Mah. 18 of 2002, 2, (a)(4)(i).
3 These words were substituted for the words “one hundred rupees” by Mah. 18 of 2002,
s. 2 (d)(4)(ii).
declaration
for easements
etc.
Bom.
LIX of
1949.
Mah.
XL of
1965.
for other
status
without
monetary
attribute.
for charge on
property.
1959 : XXXVI ] Maharashtra Court-fees Act
(h) In suits for declaration in respect of periodical charge or money
return in favour of or against the plaintiff—one half of ad valorem fee
payable on the charge for 5 years if the charge is annual and on the charge
for one year if the period of the charge is less than one year ;
1[(ha) In suits for declaration that any sale, or contract for sale or
termination of contract for sale, of any moveable or immoveable property
is void 2[one-half] of ad valorem fee leviable on the value of the property ;
(hb) In suits for declaration that any proceedings for compulsory
acquisition of any moveable or immoveable property are void 2[one- half]
of ad valorem fee leviable on the value of the property;]
(i) In suits for accounts—according to the amount at which the relief
sought is valued in the plaint or memorandum of appeal, subject to the
provisions of section 8, and subject to a minimum fee of 3[one hundred
rupees] ;
(j) In suits where declaration is sought, with or without injunction or
other consequential relief and the subject-matter in dispute is not
susceptible of monetary evaluation and which are not otherwise provided
for by this Act 4[ad valorem fee payable, as if the amount or value of the
subject matter was 5[one thousand rupees ; ] ]
In all suits under clauses (a) to (i), the plaintiff shall state the amount
at which he values the relief sought, with the reasons for
the valuation;
(v) In suits for the possession of land, houses and gardens—according
to the value of the subject-matter ; and such value shall be deemed to be,
where the subject-matter is a house or garden—according to the market
value of the house or garden and where the subject-matter is land, and—
(a) where the land is held on settlement for a period not exceeding
thirty years and pays the full assessment to Government—a sum
equal to 6[forty times] the survey assessment;
(b) where the land is held on a permanent settlement, or on a
settlement for any period exceeding thirty years, and pays the full
assessment to Government—a sum equal to 7[eighty times] the survey
assessment ; and
(c) where the whole or any part of the annual survey assessment
is remitted— a sum computed under sub-paragraph (a) or sub-
paragraph (b), as the case may be, in addition to 7[eighty times] the
assessment or, the portion of assessment so remitted ;
1 Sub-paragraphs (ha) and (hb) were inserted by Mah. 9 of 1970, s. 4(a).
2 These words were substituted for the word “one-fourth” by Mah. 23 of 1996, s.2(1)(e) and (f).
3 These words were substituted for the words “forty rupees” by Mah. 18 of 2002, s. 2(5).
4 These words were substituted for the words “thirty rupees” by Mah. 9 of 1970, s. 4(b):
5 These words were substituted for the words “six hundred rupees” by Mah. 18 of 2002,
s. 2(6).
6 These words were substituted for the words “twenty times”, by Mah. 18 of 2002, s.2 (6)(b)(1).
7 These words were substituted for the words “forty times”, by Mah. 18 of 2002, s.2 (6)(b)(2):
for periodical
money
returns.
for avoidance
of sale,
contract for
sale, etc.
for avoidance
of acquisition
proceedings.
for other
declarations.
for possess-
ion of lands,
houses and
gardens.
for accounts.
H 4116—2a
Maharashtra Court-fees Act [1959 : XXXVI
(vi) In suits to enforce a right of pre-emption—according to the value
(computed in accordance with paragraph (v) of this section) of the land,
house or garden in respect of which the right is claimed ;
(vii) In suit for partition and separate possession of a share of joint
family property or of 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
whether or not the plaintiff is in actual or constructive possession of the
property of which he claims to be a co-parcener or co-owner—according to
the value of the share in respect of which the suit is instituted ;
Explanation.— For the purposes of this paragraph, if the property in
which a share is claimed consists of or includes any land assessed to land
revenue for the purpose of agriculture, the value of such land shall be
deemed to be the value as determined under paragraph (v) of this section ;
(viii) In suits for the interest of an assignee of land—revenue, 1[fifty-
times] his net profits as such for the year next before the date of
presenting the plaint;
(ix) In suits to set aside an attachment of land or of an interest in
land or revenue—according to the amount for which the land or interest
was attached :
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 ;
(x) In suits against a mortgagee for the recovery of the property
mortgaged, and in suits by a mortgagee to foreclose the mortgage,
or, when 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 ;
(xi) In suits for specific performance—
(a) of a contract of sale—according to the amount of the
consideration,
(b) of a contract of mortgage—according to the amount agreed to
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 ;
(xii) In the following suits between landlord and tenant:—
(a) for the delivery by a tenant of the 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,
1 These words were substituted for the words “thirty times” by Mah. 18 of 2002, s. 2(6)(c).
to enforce
a right of pre-
emption.
for share in
joint property.
for interest of
assignee of
land revenue.
to set aside
an attach-
ment.
to redeem.
to foreclose.
for specific
performance.
between
landlord and
tenant.
1959 : XXXVI ] Maharashtra Court-fees Act
(d) for the recovery of immoveable 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 immoveable 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 of the immoveable property
to which the suit refers, payable for the year next before the date of
presenting the plaint.
7. (1) The amount of fee payable under this Act on a memorandum
of appeal against an order relating to compensation under any Act for the
time being in force for the acquisition of land for public purposes shall be
computed according to the difference between the amount awarded and
the amount claimed 1[or challenged] by the Appellant :
2[Provided that, where the State Goverment is an acquiring body,
it shall not be liable for payment of fee in such appeals.
Explanation.— For the purposes of this sub-section, “ amount ”
means the amount in dispute and it shall not include the amount of
statutory benefits]
(2) The amount of fee payable under this Act on a memorandum of
appeal against an award of a Claims Tribunal preferred under section 110-D
of the *Motor Vehicles Act, 1939, shall be computed as follows :—
(i) If such appeal is preferred by the insurer or owner of the
motor vehicle—the full ad-valorem fee leviable on the amount at
which the relief is valued in the memorandum of appeal according to
the scale prescribed under Article 1 of Schedule I ;
(ii) If such appeal is preferred by any other person—one half of
ad-valorem fee leviable on the amount at which the relief is valued in
the memorandum of appeal according to the said scale :
Provided that if such person succeeds in the appeal, he shall be liable
to make good the deficit, if any, between the full ad-valorem fee payable
on the relief awarded in the appeal according to the said scale and the fee
already paid by him; and the amount of such deficit shall, without
prejudice to any other mode of recovery, be recoverable as an arrear of
land revenue.
8. If the Court is of opinion that the subject-matter of any suit has
been wrongly valued or if an application is made to the Court for the
revision of any valuation made, the Court may revise the valuation and
determine the correct valuation and may hold such inquiry as it thinks fit
for such purpose.
1 These words were inserted by Mah. 22 of 2004, s.2(a)
2 This proviso and Explanation was added, by ibid, s.2(a)
* Now see the Motor Vehicles Act, 1988.
Fee on
memorandum
of appeal
against order
or award
relating to
compensation
in certain
cases.
VI of
1939.
Inquiry as to
valuation of
suits.
Maharashtra Court-fees Act [1959 : XXXVI
9. (1) For the purpose of an inquiry under section 8 the Court may
depute, or issue a commission to, any suitable person to make such local
or other investigation as may be necessary and to report thereon to the
Court. Such report and any evidence recorded by such person shall be
evidence in the enquiry.
(2) The Court may, from time to time, direct such party to the suit as
it thinks fit to deposit such sum as the Court thinks reasonable as the costs
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,
reject the plaint or as the case may be the appeal, if such party is the
plaintiff or the appellant and, in any other case, may recover the costs as
a public demand :
Provided that, when any plaint or appeal is rejected under this section
the court-fee already paid shall not be liable to be refunded.
10. (1) The Court, when making an inquiry under section 8 and any
person making an investigation under section 9 shall have respectively for
the purposes of such inquiry or investigation, the powers vested in a Court
under the Code of Civil Procedure, 1908, in respect of the following
matters, namely :—
(a) enforcing the attendance of any person and examining him on
oath or affirmation ;
(b) compelling the production of documents or material objects ;
(c) issuing commissions for the examination of witnesses ;
(d) taking or receiving evidence on affidavits.
(2) An inquiry or investigation referred to in sub-section (1) shall be
deemed to be a judicial proceeding within the meaning of sections 193 and
228 of the Indian Penal Code.
11. If in the result of an inquiry under section 8 the Court finds that
the subject-matter of the suit has been undervalued, the Court may order
the party responsible for the undervaluation to pay all or any part of the
costs of the inquiry.
If in the result of such inquiry the Court finds that the subject-matter
of the suit has not been undervalued the Court may, in its discretion, order
that all or any part of such costs shall be paid by Government or by any
party 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.
12. (1) The State Government may appoint generally, or in any case,
or for any specified class of cases, in any local area, one or more officers
to be called inspecting officers.
(2) The inspecting officer may, subject to the control of the Court
concerned, examine the records of any case which is pending or has been
disposed of, with a view to finding out whether proper fees have been paid
therein.
Investigation
to ascertain
proper
valuation.
Power of
persons
making
inquiry under
sections 8
and 9.
Costs of
inquiry as to
vaulation and
refund of
excess fee.
Appointment
of inspecting
officers and
recovery in
cases re-
ported by
them.
V of
1908.
XLV of
1860.
1959 : XXXVI ] Maharashtra Court-fees Act
(3) If on such examination, the inspecting officer finds that the fee
payable under this Act on any document filed, exhibited or recorded in
such case has not been paid or has been insufficiently paid, he shall report
the fact to the presiding officer of the Court.
(4) Such presiding officer, after satisfying himself of the correctness of
such report, shall record a provisional finding that the proper fee has not
been paid and determine the amount of the fee payable and such further
sum as he thinks reasonable as the costs of the inquiry and the person
from whom the fee or the difference thereof, if any, and the costs shall be
recoverable.
(5) After recording a finding under sub-section (4), the presiding
officer shall issue a notice to the person referred to in that sub-section to
show cause why he should not be ordered to pay the fee and the costs
determined hereunder, and, if sufficient cause is not shown, the presiding
officer shall confirm the finding and make an order requiring such person
to pay the proper fee and the costs before a specified date.
(6) If such person fails to pay the fee and the costs in accordance with
the provisions of sub-section (5), they shall, on the certificate of such
presiding officer, be recoverable as an arrear of land revenue.
13. (1) In a suit for the recovery of possession of immovable property
and mesne profits or for mesne profits or for an account, the difference, if
any, between the fee actually paid and the fee which would have been
payable had the suit comprised the whole of the profits or amount found
due shall, on delivery of judgment, be taxed by the Court and shall be
leviable from the plaintiff and if not paid by him within thirty days from
the date of the judgment be recoverable according to the law and under
the rules for the time being in force for the recovery of arrears of land
revenue.
(2) The Court shall send a copy of the decree passed in such suit to
the Collector.
(3) No decree for mesne profits passed in any such suit by the Court
shall be executed, until a certificate to the effect that such difference is
paid or recovered, signed by the Court which passed the decree or by the
Collector who recovered the amount, is produced along with the application
for such execution.
Explanation.— For the purpose of this section, “plaintiff” includes any
party to a suit to whom any profits or amount are or is found to be due.
14. (1) Every question relating to valuation for the purpose of
determining the amount of any fee chargeable under this Chapter on a
plaint or memorandum of appeal shall be decided by the Court in which
such plaint or memorandum as the case may be, is filed, and such decision
shall be final as between the parties to the suit.
Taxing of
court-fees and
their recovery
in suits for
mesne profits
or account.
Decision of
questions as
to valuation.
Maharashtra Court-fees Act [1959 : XXXVI
(2) But whenever any such suit comes before a Court of appeal,
reference or revision, if such Court considers that the said question has
been wrongly decided to the detriment of the revenue, it shall require the
party by whom such fee has been paid to pay so much additional fee as
would have been payable had the question been rightly decided.
15. If an appeal or plaint, which has been rejected by the lower
Court on any of the grounds mentioned in the Code of Civil Procedure
1908, is ordered to be received, or if a suit is remanded in appeal, on any
of the grounds mentioned in rule 23 of Order XLI in the first Schedule to
the same Code for a second decision by the lower Court, the Appellate
court shall grant to the appellant a certificate, authorising him to receive
back 1[from the Collector or by way of e-payment, in the manner as
prescribed by rules] the full amount of fee paid on the memorandum of
appeal :
Provided that if, in the case of remand in appeal, the order of remand
shall not cover the whole of the subject-matter of the suit, the certificate
so granted shall not authorise the appellant to receive back more than so
much fee as would have been originally payable on the part or parts of such
subject-matter in respect whereof the suit has been remanded.
16. Where an application for review of judgment is presented on or
after the 2[thirtieth day] from the date of the decree, the Court, unless the
delay was caused by the applicant’s laches, may, in its discretion, grant
him a certificate authorizing him to receive back 3[from the Collector or by
way of e-payment, in the manner as prescribed by rules] so much of the fee
paid on the application as exceeds the fee which would have been payable
had it been presented before such day.
17. 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 4[from the
Collector or by way of e-payment, in the manner as prescribed by rules] so
much of the fee paid on the application as exceeds the fee payable on any
other application to such court under the second schedule to this Act No.
1, clause (c) or clause (f).
But nothing in the former part of this section shall entitle the
applicant to such certificate where the reversal or modification is due,
wholly or in part, to fresh evidence which might have been produced at the
original hearing.
Refund of fee
paid on
memo-
randum of
appeal.
Refund of fee
on applica-
tion for
review of
judgment.
Refund where
court reverses
or modifies
its former
decision on
ground of
mistake.
V of
1908.
1 These words were substituted for the words “ from the Collector ” by Mah. 25 of 2011, s. 2.
2 These words were substituted for the words “ ninetieth day ” by Mah. 50 of 1976, s. 2.
3 These words were substituted for the words “ from the Collector ” by Mah. 25 of 2011, s. 3.
4 These words were substituted for the words “ from the Collector ” by Mah. 25 of 2011.
1959 : XXXVI ] Maharashtra Court-fees Act
1[17A. Where certificate is granted to any person under sections 15,
16 or 17, no fee thereunder shall be refunded, unless such person presents
it to the Collector or such other authority as may be prescribed by rules,
for encashment, within two years from the date of issue of the certificate
by the Court.]
18. Where a suit embraces two or more distinct subjects, the plaint
or memorandum of appeal shall be chargeable with the aggregate amount
of the fees to which the plaints or memoranda of appeal in suit embracing
separtely each of such subjects would be liable under this Act.
Nothing in the former part of this section shall be deemed to affect
the power conferred by the Code of Civil Procedure, 1908, Schedule I,
Order II, rule 6.
19. When the first or only examination of a person who complaints
of the offence of wrongful confinement, or wrongful restraint, or of any
offence other than an offence for which police officers may arrest without
a warrant, and who has not already presented a petition on which a fee
has been levied under this Act, is reduced to writing under the provisions
of the 2[Code of Criminal Procedure, 1973], the complainant shall pay a fee
of 4[ten rupees] unless the Court thinks fit to remit such payment.
20 5[(1)] Nothing contained in this Act shall render the following
documents chargeable with any fee :—
(i) Power-of-attorney to institute or defend a suit when executed
by a member of any of the Armed Forces of the Union not in civil
employment.
(ii) Application for certified copies of documents or for any other
purpose in the course of a criminal proceeding presented by or on
behalf of the State Government to a criminal court ;
(iii) Written statements called for by the Court after the first
hearing of a suit.
(iv) Probate of a will, letters of administration, and, save as
regards debts and securities, a certificate under Bombay Regulation
VIII of 1827 or any corresponding law in force, where the amount or
value of the property in respect of which the probate or letters or
certificate shall be granted does not exceed one thousand rupees.
(v) Application or petition to a Collector or other officer making
a settlement of land-revenue, or to a Board of Revenue, or a
Commissioner of Revenue, relating to matters connected with the
assessment of land or the ascertainment of rights thereto or interest
therein, if presented, previous to the final confirmation of such
settlement.
Period of
limitation for
refund of fees
under sections
15, 16 or 17.
Multifarious
suits.
Written
examinations
of complain-
ants.
3[2 of
1974.]
V of
1908.
1 Section 17A was inserted by Mah. 18 of 1966, s.2.
2 These words were substituted for the words “ Code of Criminal Procedure, 1898” by
Mah. 23 of 1996, s.3(a).
3 These figures and word were substituted for the letter and figures “ V of 1898 ” by
Mah. 23 of 1996, s.3(a).
4 These words were substituted for the words “ two rupees” by Mah. 18 of 2002, s.3.
5 Section 20 was renumbered as sub-section (1) and sub-section (2) was added by Mah. 18 of
1960, s.2.
Exemption of
certain
documents.
H 4116—3
Maharashtra Court-fees Act [1959 : XXXVI
(vi) Application relating to a supply for irrigation of water
belonging to Government.
(vii) 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.
(viii) Application for service of notice of relinquishment of land or
of enhancement of rent.
(ix) Written authority to an agent to distrain.
(x) Petition, application, charge or information respecting any
offence when presented, made or laid to or before a Police Officer, or
to or before the Heads of Villages or the Village Police.
(xi) Petition by a prisoner, or other person in duress or under
restraint of any Court or its Officer.
(xii) Complaint of a public servant (as defined in the Indian Penal
Code), a Municipal Officer, or an officer or servant of a Railway
Company.
(xiii) Application for the payment of money due by Government to
the applicant.
(xiv) Petition of appeal against any Municipal Tax.
(xv) Applications for compensation under any law for the time
being in force relating to the acquisition of property for
public purposes, other than those chargeable under Article 15 of
Schedule I.
1[(2) Nothing contained in this Act shall render an application to the
Court under section 543 of the Companies Act, 1956, chargeable with any
fee :
Provided that, if the applicant succeeds, the person, director, managing
agent, secretary and treasurer, manager, liquidator or officer of the company
concerned against whom an order is made by the Court under that section,
shall be liable to pay the fee leviable on a plaint in a suit for the same relief
as is ordered by the Court; and the amount of such fee shall, without
prejudice to any other mode of recovery, be recoverable as an arrear of
land revenue.]
CHAPTER IV
PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION.
21. Where any person on applying for the probate of a will or letters
of administration has estimated the property of the deceased to be of
greater value than the same has afterwards proved to be, and has
consequently paid too high a court-fee thereon, if within six months after
the true value of the property has been ascertained,
such person produces the probate or letters to the Chief Controlling
Revenue Authority for the local area in which the probate or letters has or
have been granted,
1 Section 20 was renumbered as sub-section (1) and sub-section (2) was added by Mah: 18 of
1960, s. 2.
XLV of
1860.
I of
1956.
Relief where
too high a
court-fee has
been paid.
1959 : XXXVI ] Maharashtra Court-fees Act
and delivers to such 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;
(b) substitute another stamp for denoting the court-fee 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.
22. Whenever it is proved to the satisfaction of such Authority that
an executor or administrator has paid debts due from the deceased to such
an amount as, being deducted out of the amount or value of the estate,
reduces the same to a sum which, if it had been the whole gross amount
or value of the estate, would have occasioned a less court-fee to be paid on
the probate or letters of administration granted in respect of such estate
than has been actually paid thereon under this Act,
Such Authority may return the difference, provided the same be
claimed within three years after the date of such probate or letters.
But when, by reason of any legal proceeding, the debts due from the
deceased have not been ascertained and paid, or his effects have not 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 to be reasonable under
the circumstances.
23. Whenever a grant of probate or letters of administration has
been or is made in respect of the whole of the property belonging to an
estate, and the full fee chargeable under this Act has been or is paid
thereon, no fee shall be chargeable under the same Act when a like grant
is made in respect of the whole or any part of the same property belonging
to the same estate.
Whenever such a grant has been or is made in respect of any property
forming part of an estate, the amount of fees then actually paid under this
Act shall be deducted when a like grant is made in respect of property
belonging to the same estate, identical with or including the property to
which the former grant relates.
24. The probate of the will or the letters of administration of the
effects of any person deceased here to before or hereafter granted shall be
deemed valid and available by his executors or administrators for
recovering, transferring or assigning any moveable or immoveable property
whereof or whereto the deceased was possessed or entitled, either wholly
or partially as a trustee, notwithstanding the amount or value of such
Relief when
debts due
from a
deceased
person have
been paid out
of his estate.
Relief in case
of several
grants.
Probates
declared valid
as to trust
property,
though not
covered by
court-fee.
H 4116—3a
Maharashtra Court-fees Act [1959 : XXXVI
property is not included in the amount or value of the estate in respect of
which a court-fee was paid on such probate or letters of administration.
25. Where any person on applying for probate or letters of
administration has estimated the estate of the deceased to be of less value
than the same has afterwards proved to be, and has in consequence paid
too low a court-fee thereon, the Chief Controlling Revenue Authority 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 the probate or letters of administration to be duly
stamped on payment of the full court-fee which ought to have been
originally paid thereon in respect of such value and of the further penalty,
if the probate or letters is or are produced within one year from the date
of the grant, of five times, or, if it or they is or are produced after one year
from such date, of twenty times, such proper court-fee, without any
deduction of the court-fee originally paid on such probate or letters :
Provided that if the application be made within six months after the
ascertainment of the true value of the estate and the discovery that too low
a court-fee was at first paid on the probate or letters, and if the said
Authority is satisfied that such fee was paid in consequence of a mistake
or of its not being known at the time that some particular part of the estate
belonged to 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 the probate or letters to be duly stamped on payment
only of the sum wanting to make up the fee which should have been at first
paid thereon.
26. In case of letters of administration on which too low a court-fee
has been paid at first, the said Authority shall not cause the same to be
fully stamped in manner aforesaid until the administrator has given
such security to the Court by which the letters of administration have
been granted as ought by law to have been given on the granting thereof
in case the full value of the estate of the deceased had been then
ascertained.
27. Where too low a court-fee has been paid on any probate or
letters of administration in consequence of any mistake, or of its
not being known at the time that some particular part of the estate
belonged to the deceased, if any executor or administrator acting under
such probate or letters does not, within six months after
the discovery of the mistake or of any effects not known at the time to
have belonged to the deceased, apply to the said Authority and
pay what is wanting to make up the court-fee which ought to have been
paid at first on such probate or letters, he shall forfeit the sum of one
thousand rupees and also a further sum at the rate of ten rupees
per cent. on the amount of the sum wanting to make up the proper
court-fee.
Provision for
case where
too low a
court-fee has
been paid on
probates, etc.
Administra-
tor to give
proper
security
before letters
stamped
under section
25.
Executors, etc.
not paying full
court-fee on
probates, etc.
within six
months after
discovery of
under
payment.
1959 : XXXVI ] Maharashtra Court-fees Act
28. (1) Where an application for probate or letters of administration
is made in any Court other than the High Court, the Court shall cause
notice of the application to be given to the Collector.
(2) Where such an application as aforesaid is made to the High Court,
the High Court shall cause notice of the application to be given to the
Chief Controlling Revenue Authority.
(3) The Collector within the local limits of whose revenue-jurisdiction
the property of the deceased or any part thereof is, may at any time
inspect or cause to be inspected, and take or cause to be taken copies of,
the record of any case in which application for probate or letters of
administration has been made; and if, on such inspection or otherwise, he
is of opinion that the petitioner has under-estimated the value of the
property of the deceased, the Collector shall forward his report, giving
therein his reasons for his opinion and his estimate of the true valuation,
to the Prothonotary of the High Court or the Court, as the case may be,
serving at the same time a copy of his report on the petitioner.
(4) If within thirty days from the date of receipt of the copy of the
Collector’s report served on him under sub-section (3), the petitioner does
not file in court his objections to the Collector’s valuation, the Court shall
make an order amending the petitioner’s valuation, in accordance with the
report of the Collector.
(5) If within the aforesaid period the petitioner files in court his
objection, the Court shall hold, or cause to be held, an inquiry in accordance
with the provisions of sections 9, 10 and 11 as if the application were a
suit, and shall record a finding as to the true 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 the inquiry.
(6) The finding of the Court recorded under sub-section (5) shall be
final, but shall not bar the entertainment and disposal by the Chief
Controlling Revenue Authority of any application under section 25.
(7) The State Government may make rules for the guidance of
Collectors in the exercise of the powers conferred by sub-section (3).
29. (1) No order entitling the petitioner to the grant of probate or
letters of administration shall be made upon an application for such grant
until the petitioner has filed in the Court a valuation of the property in
the form set forth in the third Schedule, and the Court is satisfied that the
fee mentioned in No. 10 of the first Schedule has been paid on such
valuation.
(2) The grant of probate or letters of administration shall not be
delayed by reason of any report made by the Collector under section 28,
sub-section (3).
Notice of
applications
for probate or
letters of
administra-
tion to be
given to
Revenue
Authorities
and procedure
thereon.
Payment of
court-fee in
respect of
probate and
letters of
administra-
tion.
Maharashtra Court-fees Act [1959 : XXXVI
30. (1) Any excess fee found to be payable on an inquiry held under
section 28 and any penalty or forfeiture under section 27, may, on the
certificate of the Chief Controlling Revenue Authority, be recovered from
the executor or administrator as if it were an arrear of land-revenue by
any Collector.
(2) The Chief Controlling Revenue Authority may remit the whole or
any part of any such penalty or forfeiture as aforesaid or any part of any
penalty under section 25 or of any court-fee under section 25 in excess of
the full court-fee which ought to have been paid.
31. Nothing in section 5 or section 40 shall apply to probates or letters
of administration.
CHAPTER V
PROCESS FEES
32. The High Court shall make rules as to the following
matters :—
(i) the fees chargeable for serving and executing processes
issued by such Court in its appellate jurisdiction, and by the other
Civil and Revenue Court 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) the remuneration of the peons and all other persons employed
by leave of a Court in the service or execution of processes.
The High Court may from time to time alter and add to the rules so
made.
All such rules, alterations and additions shall, after being confirmed
by the State Government, be published in the Official Gazette, and shall
thereupon have the force of law.
33. A table in the English and regional languages, showing the fees
chargeable for such service and execution, shall be exposed to view in a
conspicuous part of each Court.
34. Subject to rules to be made by the High Court and approved by
the State Government, every District Judge, the Principal
Judge of the Bombay City Civil Court and every Magistrate of a District
shall fix, and may from time to time alter the 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,
and for the purposes of this section, every Court of Small Causes
established under the Provincial Small Cause Courts Act, 1887, shall be
deemed to be subordinate to the Court of the District Judge.
Recovery of
penalties, etc.
Sections 5
and 40 not to
apply to
probates or
letters of
adminstra-
tion.
Rules as to
costs of
processes.
Tables of
process-fees.
Confirmation
and publica-
tion of rules.
Number of
peons in
Disrict and
subordinate
Courts.
Number of
peons in
mofussil
Small Causes
Courts.
IX of
1887.
1959 : XXXVI ] Maharashtra Court-fees Act
35. Subject to rules to be framed by the Chief Controlling Revenue
Authority and approved by the State Government, every officer performing
the functions of a Collector of a District shall fix, and may from time to
time alter, the number of peons necessary to be employed for the service
and execution of processes issued out of his Court or the Courts subordinate
to him.
CHAPTER VI
OF THE MODE OF LEVYING FEES
36. All fees shall be charged and collected under this Act at the rate
in force on the date on which the document chargeable to court-fee is or
was presented.
1[37. All fees referred to in section 3 or chargeable under this Act
shall be collected by stamps or e-payment.]
38. The stamps used to denote any fees chargeable under this Act
shall be impressed or adhesive or partly impressed or partly adhesive, as
the State Government may, by notification in the Official Gazette from
time to time, direct.
39. The State Government may, from time to time, make rules for
regulating—
(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, 2[ * * * ] ;
(d) the keeping accounts of all stamps used under this Act,
3[(e) the manner of payment of court-fee and refund thereof by
e-payment] :
Provided that in the case of stamps used under section 3 in the High
Court, such rules shall be made, with the concurrence of the Chief Justice
of such Court.
All such rules shall be published in the Official Gazette, and shall
thereupon have the force of law.
40. No document which ought to bear a stamp under this Act shall
be of any validity, unless and until it is properly stamped.
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 the 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.
Rate of fee in
force on date
of presenta-
tion of
document to
be applicable.
Collection of
fees by
stamps or
e-payment.
Stamps to be
impressed or
adhesive.
Rules for
supply,
number,
renewal and
keeping
accounts of
stamps.
1 Section 37 was substituted by Mah. 25 of 2011, s. 5.
2 The word “and” was deleted by Mah. 25 of 2011, s. 6(1).
3 Clause (e) was added by Mah. 25 of 2011, s. 6(2).
Number of
peons in
Revenue
Courts.
Stamping
documents
inadvertently
received.
Maharashtra Court-fees Act [1959 : XXXVI
41. Where any such document is amended in order merely to correct
a mistake and to make it conform to the original intention of the parties,
it shall not be necessary to impose a fresh stamp.
42. 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
been cancelled.
Such officer as the Court or the head of office may from time to time
appoint shall, on receiving any such document, forthwith effect such
cancellation by punching out the figure-head so as to leave the amount
designated on the stamp untouched, and the part removed by punching
shall be burnt or otherwise destroyed :
1[Provided that, where court-fee is paid by e-payment, the officer
competent to cancel stamp shall verify the genuineness of the payment and
after satisfying himself that the court-fee is paid, shall lock the entry in
the computer and make an endorsement under his signature on the
document that the court-fee is paid and the entry is locked.]
CHAPTER VII
MISCELLANEOUS
43. (1) When any suit in a Court 2[or any proceeding instituted by
presenting a petition to a Court under the Hindu Marriage Act, 1955,] is
settled by agreement of parties before any evidence is recorded, or any
appeal or cross objection is settled by agreement of parties before it is
called on for effective hearing by the Court, half the amount of the fee paid
by the plaintiff, 3[petitioner,] appellant, or respondent on the plaint,
4[petition,] appeal or cross objection, as the case may be,
shall be repaid to him by the Court :
Provided that, no such fee shall be repaid if the amount of fee paid
does not exceed 5[twenty-five rupees] or the claim for repayment is not
made within one year from the date on which the suit, 6[proceeding,]
appeal or cross objecton was settled by agreement.
1 This proviso was added by Mah. 25 of 2011, s. 7.
2 These words were inserted by Mah. 33 of 1967, s. 2(a)(i).
3 This word was inserted by Mah. 33 of 1967, s. 2(a) (ii).
4 This word was inserted by Mah. 33 of 1967, s. 2(a)(iii).
5 These words were substituted for the words “ five rupees “ by Mah. 18 of 2002, s. 4.
6 This word was inserted by Mah. 33 of 1967, s 2(a)(iv).
Amended
document.
Cancellation
of stamps.
Repayment of
fee in certain
circum-
stances.
XXV of
1955.
1959 : XXXVI ] Maharashtra Court-fees Act
(2) The State Government may, from time to time, by order, provide
for repayment to the plaintiffs, 1[petitioners,] 2[complaints under section
138 of the Negotiable Instruments Act, 1881,] appellants or respondents
of any part of the fee paid by them on plaints, 3[petitions,] 4[complaints
under section 138 of the Negotiable Instruments Act, 1881,] appeals or
cross objections, in suits 5[complaints under section 138 of the Negotiable
Instruments Act, 1881,] 6[proceedings] or appeals disposed of under such
circumstances and subject to such conditions as may be specified in the
order.
Explanation.—For the purpose of this section, effective hearing shall
exclude the dates when the appeal is merely adjourned without being
heard or argued.
44. Whenever the filing or exhibition in a Criminal Court of a
document in respect of which the proper fee has not been paid is, in the
opinion of the presiding Judge, necessary to prevent a failure of justice,
nothing contained in section 5 shall be deemed to prohibit such filing or
exhibition.
45. (1) The State Government may, from time to time make rules for
regulating the sale of stamps to 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 the Official Gazette and shall
thereupon have the force of law.
(3) Any person appointed to sell stamps who disobeys any rule made
under this section, and any person not so appointed who sells or offers for
sale any stamp, shall, on conviction, be punished with imprisonment for a
term which may extend to six months, or with fine which may extend to
7[two thousand rupees, but which shall not be less than five hundred
rupees], or with both.
46. The State Government may, from time to time, by notification in
the Official Gazette, reduce or remit, in the whole or in any part of the
territories under its administration all or any of the fees mentioned in the
first and second schedules to this Act annexed, and may in like manner
cancel or vary such order.
47. Nothing in Chapters II and VI of this Act applies to the fees
which any officer of the High Court is allowed to receive in addition to a
fixed salary.
8[ * * * ]
1 This word was inserted by Mah. 33 of 1967, s. 2(b) (i).
2 These words and figures were inserted by Mah. 17 of 2008, s. 2 (i).
3 This word was inserted by Mah. 33 of 1967, s. 2(b) (ii).
4 These words and figures were inserted by Mah. 17 of 2008, s. 2(ii).
5 These words and figures were inserted by Mah. 17 of 2008, s. 2(iii).
6 This word was inserted by Mah. 33 of 1967, s. 2(b)(iii).
7 These words were substituted for the words “ five hundred rupees ” by Mah. 18 of 2002, s. 5.
8 Section 47-A was deleted, by Mah. 18 of 2002, s. 6.
Sale of
stamps.
Power to
reduce or
remit fees.
Saving of fees
to certain
officers of
High Court.
26 of
1881.
26 of
1881.
Admission in
criminal cases
of documents
for which
proper fee has
not been paid.
26 of
1881.
H 4116—4
Maharashtra Court-fees Act [1959 : XXXVI
48. Nothing in this Act shall be deemed to affect the stamp duties
chargeable under any other law for the time being in force relating to
stamp duties.
49. (1) On the commencement of this Act, the laws specified in
column 3 of Schedule IV hereto annexed shall be repealed in the manner
and to the extent specified in column 4 thereof :
Provided that, such repeal shall not affect the previous operation of
any of the laws so repealed and anything done or any action taken
(including any appointment, notification, order, rule, form, application,
reference, notice, report or certificate made or issued) under any such law
shall, in so far as it is not inconsistent with the provisions of this Act, be
deemed to have been done or taken under the corresponding provision of
this Act and shall continue to be in force accordingly, unless and until
superseded by anything done or any action taken under this Act :
Provided further that, all the fees shall be charged and collected
under this Act at the rate in force on the date on which the document
chargeable to court-fee is or was presented.
(2) (a) All stamps in denominations of annas four or multiples thereof
shall be deemed to be stamps of the value of twenty-five naya paise or, as
the case may be, multiples thereof and valid accordingly.
(b) If any person is possessed of a stamp or stamps in any
denominations other than denominations of annas four or multiples thereof,
and such stamps or stamps has or have not been spoiled, the Collector
shall repay to such person the value of such stamp or stamps in money
calculated in accordance with the provisions of sub-section (2) of section 14
of the Indian Coinage Act, 1906, upon such person delivering up, within six
months from the commencement of this Act, such stamp or stamps to the
Collector.
50. On the commencement of this Act, the laws specified in column
3 of Schedule V hereto annexed shall be amended in the manner and to the
extent specified in column 4 thereof.
51. Notwithstanding anything contained in the *Bombay Stamp Act,
1958, where court-fee is paid in a suit for partition in accordance with the
provisions of clause (vii) of section 6 of this Act, 1[the stamp duty] payable
on a final order for effecting a partition passed by any Revenue Authority
or any Civil Court under article 46 in Schedule 1 to the *Bombay Stamp
Act, 1958 2[, shall be reduced by the amount of the Court-fee paid in such
suit].
1 These words were substituted for the words “ no stamp duty shall be ” by Mah. 34 of
1994, s. 2 (i).
2 These words were added, by Mah. 34 of 1994, s. 2 (ii).
3 The marginal note was substituted by Mah. 34 of 1994, s. 2 (iii).
* Now see the Maharashtra Stamp Act.
Saving as to
stamp duties.
Repeal and
saving.
Amendment
of Suits
Valuation
Acts.
3[Reduction of
court-fee from
amount of
stamp duty
payable on
final order of
partition.]
III of
1906.
Bom. LX
of 1958.
Bom. LX
of 1958.
1959 : XXXVI ] Maharashtra Court-fees Act
1
[1. Plaint or memorandum of
appeal (not otherwise provided
for in this Act) or, of cross
objection presented to any
Civil or Revenue Court.
When the amount or value of the
subject matter in dispute does
not exceed one thousand
rupees.
When such amount or value
exceeds one thousand rupees,
for every one hundred rupees,
or part thereof, in excess of one
thousand rupees, upto five
thousand rupees.
When such amount or value
exceeds five thousand rupees,
for every hundred rupees, or
part thereof, in exeess of five
thousand rupees, upto ten
thousand rupees.
When such amount or value
exceeds ten thousand rupees,
for every five hundred rupees,
or part thereof, in excess of ten
thousand rupees, upto twenty
thousand rupees.
When such amount or value
exceeds twenty thousand
rupees, for every one thousand
rupees, or part thereof, in
excess of twenty thousand
rupees, upto thirty thousand
rupees.
When such amount or value
exceeds thirty thousand
rupees, for every two thousand
rupees, or part thereof, in
excess of thirty thousand
rupees, upto fifty thousand
rupees.
When such amount or value
exceeds fifty thousand rupees,
for every five thousand rupees,
or part thereof, in excess of fifty
thousand rupees, upto one lakh
of rupees.
When such amount or value
exceeds one lakh of rupees, for
every ten thousand rupees, or
Two hundred rupees.
Twelve rupees.
Fifteen rupees.
Seventy-five rupees.
One hundred rupees.
One hundred rupees.
One hundred and fifty
rupees.
1 Article 1 was substituted by Mah. 18 of 2002, s. 7.
Rules made
by Govern-
ment to be
laid before
State Legisla-
ture.
H 4116—4a
52. All rules made by the State Government under this Act shall be
laid before each House of the State Legislature as soon as may be after
they are made and shall be subject to such modifications as the State
Legislature may make during the session in which they are so laid or the
session immediately following.
SCHEDULE I
Ad valorem fees
Number. . . . Proper fee
(1) (2) (3)
Two hundred rupees.
Maharashtra Court-fees Act [1959 : XXXVI
SCHEDULE I—contd.
Number. . . . Proper fee
(1) (2) (3)
part thereof, in excess of one
lakh of rupees, upto eleven
lakh of rupees.
When such amount or value
exceeds eleven lakh of rupees,
for every one lakh of rupees, or
part thereof, in excess of eleven
lakh of rupees:
Provided that, the maximum fee
leviable on the plaint or
memorandum of appeal or of
cross objection shall be three
lakh of rupees.
. . . . .
. . . . .
. . . . .
. . . . .
. . . . .
One thousand and two
hundred rupees.]
2. Plaint in a suit for
possession under
1
[section 6
of the Specific Relief Act,
1963.]
3. Plaint, application or
petition (including
memorandum of appeal),
to set aside or modify any
award
2
[ * * *].
3
[3A. Application or petition
(including Memorandum of
Appeal) to set aside or modify
arbitral award under the
Arbitration and Conciliation
Act, 1996.
4. Plaint, application or
petition (including
memorandum of appeal)
which is capable of being
treated as a suit, to set aside
a decree or order having the
force of a decree.
5. Plaint in a suit,
application or petition
(including memorandum of
appeal), to set aside
alienation to which the
plaintiff, applicant or
appellant, as the case may be,
was a party, either directly
or through a legal guardian
other than de facto or ad hoc
guardian, manager or partner
or court.
XLII of
1963.
A fee of one-half the amount
prescribed in the scale under
Article 1.
A fee on the amount or value of
the award sought to be set
aside or modified, according to
the scale prescribed under
Article 1.
A fee of one-half of the ad valorem
fee on the amount or value of
the award sought to be set
aside or modified, according to
the scale prescribed under
Article-1.]
The same fee as is leviable on a
plaint in a suit to obtain the
relief granted in the decree or
order, as the case may be.
A fee on the extent of the value
of alienation to be set aside,
according to the scale
prescribed under Article 1.
1 These words and figures were substituted for the words and figures “ the Specific Relief
Act, 1877, section 9” by Mah. 23 of 1996, s. 4(b).
2 The words and figures “otherwise than under the Arbitration Act, 1940” were deleted by
Mah. 9 of 2010, s.2 (a).
3 Article 3A was inserted by Mah. 9 of 2010, s.2(b).
26 of
1996.
1959 : XXXVI ] Maharashtra Court-fees Act
6. Plaint in a suit
(including memorandum of
appeal) for possession
between the guardian and
ward, trustee and
beneficiary, principal and
agent, wife and husband,
executor or administrator
and beneficiary, receiver
and owner of property and
between persons having
fiduciary relationship.
7. Any other plaint,
application or petition
(including memorandum of
appeal), to obtain sub-
stantive relief capable of
being valued in terms of
monetary gain or prevention
of monetary loss, including
cases wherein application
or petition is either treated
as a plant or is described as
the mode of obtaining the
relief as aforesaid.
8. Application for review
of judgment if presented on
or after the 1[thirtieth day],
from the date of the decree.
9. Application for review of
judgment if presented
before the 1 [thirtieth day]
from the date of the decree.
2[ 10. Probate of a will or
letters of administration
with or without will
annexed.
. . . . .
. . . . .
. . . . .
. . . . .
When the amount or value
of the property in respect of
which the grant of probate or
letters is made exceeds one
thousand rupees, on the
amount or value upto fifty
thousand rupees.
When the amount or value of
the property in respect of
which the grant of probate or
letters is made exceeds fifty
thousand rupees, on the part
of the amount or value in
excess of fifty thousand
rupees upto two lakh rupees.
When the amount or value of
the property in respect of
which the grant of probate or
letters is made exceeds two
lakh rupees, on the part of the
A fee of one-half of the amount
prescribed in the scale under
Article 1.
A fee on the amount of the
monetary gain, or loss to be
prevented, according to the scale
prescribed under Article 1.
The fee leviable on the plaint
or memorandum of appeal.
One-half of the fee leviable on the
plaint or memorandum of
appeal.
Two per cent.
Four per cent.
Six per cent.
1 These words were substituted for the words “ ninetieth day ” by Mah. 50 of 1976, s. 3.
2 Article 10 was substituted by Mah. 34 of 1994, s. 3.
SCHEDULE I—contd.
Number . . . Proper fee
(1) (2) (3)
Maharashtra Court-fees Act [1959 : XXXVI
amount or value in excess of
two lakh rupees upto three
lakh of rupees.
When the amount or value of
the property in respect of
which the grant of probate or
letters is made exceeds three
lakh rupees, on the part of the
amount or value in excess of
three lakh of rupees :
Provided that when, after the
grant of a certificate under
Part X of the Indian
Succession Act, 1925, or under
Bombay Regulation VIII of
1827 or any corresponding
law for the time being in
force, in respect of any
property included in an
estate, a grant of probate or
letters of administration is
made in respect of the same
estate, the fee payable in
respect of the later grant shall
be reduced by the amount of
the fee paid in respect of the
former grant.]
11. Certificate under Part X
of the Indian Succession Act,
1925.
1 These words were substituted for the words “one and a half time” by Mah. 18 of 2002, s.7 (b).
XXXIX
of 1925.
Reg.
VIII of
1827.
XXXIX
of 1925.
SCHEDULE I.—contd.
Number . . . Proper fee
(1) (2) (3)
The fee leviable in the case of a
probate (Article 10) on the
amount or value of any debt
or security specified in the
certificate under section 374
of the Act, and 1[two times]
this fee on the amount or
value of any debt or security
to which the certificate is
extended under section 376 of
the Act.
Note.—(1) The amount of a
debt is its amount including
interest on the day on which
the inclusion of the debt in
the certificate is applied for,
so far as such amount can be
ascertained ;
(2) Whether or not any power
with respect to a security
specified in a certificate
has been conferred under the
Act ; and where such a power
has been so conferred,
whether the power is for the
receiving of interest or
dividend on, or for the
negotiation or transfer of the
security, or for the both
purposes the value of the
. . . .
Seven and half per cent,
subject to the maximum of
75,000 rupees.
1959 : XXXVI ] Maharashtra Court-fees Act 27
SCHEDULE I.—contd.
Number . . . Proper fee
(1) (2) (3)
security is its market value
on the day on which the
inclusion of the security in the
certificate is applied for, so
far as such value can be
ascertained.
The fee leviable in the case of a
probate (Article 10) on the
amount or value of the property
in respect of which the
certificate is granted.
The fee leviable on a plaint in a
suit or the same relief, subject
to a minimum fee of 2[one
hundred rupees.].
One-half of ad-valorem fee on the
difference, if any, between the
amount awarded by the
Collector and the amount
claimed by the applicant,
according to the scale pres-
cribed under Article 1 of
Schedule I, subject to a
minimum fee of 7[fifty rupees.]
One-half of ad valorem fee
leviable on the amount in
dispute
9
[(namely, the
difference between the
amount of tax actually
assessed and the amount of
tax admitted by the assessee
as payable by him),] subject
to the minimum fee of 10[one
hundred twenty-five rupees.]
. . . .
. . . .13. Plaint presented with an
originating summons under
the Rules of the High Court of
Bombay (Original Side),
1
[1980].
3
[* * * * * ]
15. Application to the
Collector for a reference to
the Court under section 18
of the Land Acquisition Act,
1894, in its application to
the
4
[Bombay area] or the
Vidarbha region 5[of the
State of Maharashtra] 6[**]
or section 14 of the Land
Acquisition Act in its
application to the Hyderabad
area of that State, as the
case may be.
12. Certificate under Bombay
Regulation VIII of 1827 or
under any corresponding law
in force.
. . . .
16. Application or petition
made by any assessee to the
High Court 8[under sub-sction
(2) of section 256 of the
Income Tax Act, 1961].
. . . .
1 These figures were substituted for the figures “ 1957 ” by Mah. 23 of 1996, s. 4 (c)(i).
2 These words were substituted for the words “ sixty rupees” by Mah, 18 of 2002, s.7 (c).
3 Article 14 was deleted by Mah. 18 of 1960, s. 3(b),
4 These words were substituted for the words “ pre-reorganisation State of Bombay excluding
the transferred territories” by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
5 These words were substituted for the words “ or Kutch area of the State of Bombay” by the
Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
6 The portion from “ or section 18" to “ Ordinance, 1948 ” was omitted, by the Maharashtra
Adaptation of Laws (State and concurrent subjects) order, 1960.
7 These words were substituted for the words “ thirty rupees” by Mah. 18 of 2002, s. 7(d).
8 These words, brackets and figures were substituted for the words and figures “ under
section 66 of the Indian Income Tax Act, 1922 ”, by Mah. 23 of 1996, s. 4(e)(i).
9 This portion was substituted for the brackets and words “ (namely, the difference between
the amount actually assessed and the amount admitted by the assessee as assessable)”, by
Mah. 18 of 1960, s. 3(c).
10 These words were substituted for the words “one hundred rupees” by Mah. 18 of 2002, s. 7(e).
Reg.
VIII of
1827.
I of
1894.
Hyd. IX
of 1309
Fasli.
XLIII of
1961.
Maharashtra Court-fees Act [1959 : XXXVI
1
[16A. An appeal filed after the lst
June 1999 and pending
before the High Court
against the order passed in
appeal by the Appellate
Tribunal, under section
260A(2) of the Income Tax
Act, 1961.
16B. An appeal filed after the 1st
June 1999 and pending
before the High Court
against the order passed in
appeal by the Appellate
Tribunal, under section 27A
of the Wealth Tax Act, 1957.
Ad valorem fee leviable on the
amount in dispute, that is,
the difference between the
amount of tax actually
assessed and the amount
of tax admitted by the
assessee as payable by him,
subject to maximum fee of
Rs. 10,000.
One-half of the ad valorem fee
leviable on the amount of
dispute that is, the difference
between the amount of tax
actually assessed and the
amount of tax admitted by
the assessee as payable by
him, subject to the maximum
of Rs. 5,000.]
One-half of ad valorem fee
leviable on the amount in dis-
pute
3
[(namely, the difference
between the amount of tax
actually assesssed and the
amount of tax admitted
by the assessee as payable by
him),] subject to the minimum
fee of
4
[one hundred fifty
rupees.]
Two hundred rupees.
Two hundred rupees for every
ten thousand rupees or part
thereof subject to the
maximum of rupees one lakh
fifty thousand.]
SCHEDULE I.—contd.
Number. . . . Proper fee
(1) (2) (3)
1 Articles 16A and 16B were inserted by Mah. 26 of 2000, s.2(b).
2 These words were substitute for the words “ State of Bombay”, by Mah. 23 of 1996, s.
4(f)(i).
3 This portion was substituted for the words “ (namely, the diffrance between the amount
actually assessed and the amount admitted by the assesee as assessable)” by Mah. 18 of
1960, s.3(c).
4 These words were substituted for the words“one hundred”, by Mah. 18 of 2002, s. 7(f).
5 Article 18 was inserted by Mah. 17 of 2008, s.3.
17. Application or petition
made by any person (other
than the Collector or the
Commissioner) to the High
Court under any provision of
the sales tax law for the
time being in force in any
part of the
2
[State of
Maharashtra].
5
[18. Application or petition
containing complaint or
charge of an offence under
section 138 of the Negotiable
Instruments Act, 1881.
(A) When the amount of
cheque does not exceed ten
thousand rupees.
(B) When the amount of
cheque exceeds ten thousand
rupees.
43 of
1961.
27 of
1957.
26 of
1881.
. . . . .
1959 : XXXVI ] Maharashtra Court-fees Act
SCHEDULE I.—contd.
1
[Table of rates of ad valorem fees leviable on the institution of suits.
When the When the
amount or amount or
value of the But does Proper value of the But does Proper
subject- not fee. Subject- not fee.
matter exceed. matter exceed.
exceeds. exceeds.
(1) (2) (3) (1) (2) (3)
Rs. Rs. Rs. Rs. Rs. Rs.
. . . . 1,000 200
1,000 1,100 212
1,100 1,200 224
1,200 1,300 236
1,300 1,400 248
1,400 1,500 260
1,500 1,600 272
1,600 1,700 284
1,700 1,800 296
1,800 1,900 308
1,900 2,000 320
2,000 2,100 332
2,100 2,200 344
2,200 2,300 356
2,300 2,400 368
2,400 2,500 380
2,500 2,600 392
2,600 2,700 404
2,700 2,800 416
2,800 2,900 428
2,900 3,000 440
3,000 3,100 452
3,100 3,200 464
3,200 3,300 476
3,300 3,400 488
3,400 3,500 500
3,500 3,600 512
3,600 3,700 524
3,700 3,800 536
3,800 3,900 548
3,900 4,000 560
4,000 4,100 572
4,100 4,200 584
4,200 4,300 596
4,300 4,400 608
4,400 4,500 620
4,500 4,600 632
4,600 4,700 644
4,700 4,800 656
4,800 4,900 668
4,900 5,000 680
5,000 5,100 695
5,100 5,200 710
5,200 5,300 725
5,300 5,400 740
5,400 5,500 755
5,500 5,600 770
5,600 5,700 785
5,700 5,800 800
5.800 5,900 815
5,900 6,000 830
6,000 6,100 845
6,100 6,200 860
6,200 6,300 875
6,300 6,400 890
6,400 6,500 905
6,500 6,600 920
6,600 6,700 935
6,700 6,800 950
6,800 6,900 965
6,900 7,000 980
7,000 7,100 995
7,100 7,200 1,010
7,200 7,300 1,025
7,300 7,400 1,040
7,400 7,500 1,055
1 This Table of rates of ad-valorem fees leviable on the institution of suits, etc. was substituted
by Mah. 18 of 2002, s.7(g).
H 4116—5
Maharashtra Court-fees Act [1959 : XXXVI
SCHEDULE I.—contd.
1
[Table of rates of ad valorem fees leviable on the institution of suits.
(1) (2) (3) (1) (2) (3)
Rs. Rs. Rs. Rs. Rs. Rs.
7,500 7,600 1,070
7,600 7,700 1,085
7,700 7,800 1,100
7,800 7,900 1,115
7,900 8,000 1,130
8,000 8,100 1,145
8,100 8,200 1,160
8,200 8,300 1,175
8,300 8,400 1,190
8,400 8,500 1,205
8,500 8,600 1,220
8,600 8,700 1,235
8,700 8,800 1,250
8,800 8,900 1,265
8,900 9,000 1,280
9,000 9,100 1,295
9,100 9,200 1,310
9,200 9,300 1,325
9,300 9,400 1,340
9,400 9,500 1,355
9,500 9,600 1,370
9,600 9,700 1,385
9,700 9,800 1,400
9,800 9,900 1,415
9,900 10,000 1,430
10,000 10,500 1,505
10,500 11,000 1,580
11,000 11,500 1,655
11,500 12,000 1,730
12,000 12,500 1,805
12,500 13,000 1,880
13,000 13,500 1,955
13,500 14,000 2,030
14,000 14,500 2,105
14,500 15,000 2,180
15,000 15,500 2,255
15,500 16,000 2,330
16,000 16,500 2,405
16,500 17,000 2,480
17,000 17,500 2,555
17,500 18,000 2,630
18,000 18,500 2,705
18,500 19,000 2,780
19,000 19,500 2,855
19,500 20,000 2,930
20,000 21,000 3,030
21,000 22,000 3,130
22,000 23,000 3,230
23,000 24,000 3,330
24,000 25,000 3,430
25,000 26,000 3,530
26,000 27,000 3,630
27,000 28,000 3,730
28,000 29,000 3,830
29,000 30,000 3,930
30,000 32,000 4,030
32,000 34,000 4,130
34,000 36,000 4,230
36,000 38,000 4,330
38,000 40,000 4,430
40.000 42,000 4,530
42,000 44,000 4,630
44,000 46,000 4,730
46,000 48,000 4,830
48,000 50,000 4,930
50,000 55,000 5,080
55,000 60,000 5,230
60,000 65,000 5,380
65,000 70,000 5,530
70,000 75,000 5,680
75,000 80,000 5,830
80,000 85,000 5,980
85,000 90,000 6,130
90,000 95,000 6,280
95,000 1,00,000 6,430
1959 : XXXVI ] Maharashtra Court-fees Act
and the fees increases at the rate of Rupees 200 for every Rupees 10,000 or part
thereof over Rupees one lakh upto Rupees 11,00,000 and over Rupees 11,00,000 at
the rate of Rupees 1,200 for every Rupees 1,00,000 or part thereof, upto a maximum
fee of Rupees 3,00,000 for example :—
Rs. Rs. Rs. Rs.
1,00,000 6,430 9,00,000 22,430
2,00,000 8,430 10,00,000 24,430
3,00,000 10,430 11,00,000 26,430
4,00,000 12,430 12,00,000 27,630
5,00,000 14,430 13,00,000 28,830
6,00,000 16,430 14,00,000 30,030
7,00,000 18,430 15,00,000 31,230.]
8,00,000 20,430
H 4116—5a
Maharashtra Court-fees Act [1959 : XXXVI
SCHEDULE II
Fixed Fees.
Number . . . Proper fee.
(1) (2) (3)
1 These words were substituted for the words “one rupee” by Mah. 18 of 2002, s. 8(a)(1).
2 The portion beginning with the words “not being an application” and ending with the words
“for the time being in force” was deleted by Mah. 23 of 1996, s. 5 (1)(a).
IX of
1887.
1
[five rupees](a) When presented to any
officer of the Excise
Department or to any
Magistrate by any person
having dealings with the
Government, and when the
subject-matter of such
application relates
exclusively to those dealings ;
or when presented to any
officer of land-revenue by any
person holding temporarily
settled land under direct
engagement with
Government, and when the
subject-matter of the
application or a petition
relates exclusively to such
engagement ;
or when presented to any
Municipal Commissioner
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 ;
or when 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 or to a public officer
in relation to any suit or case
in which the amount of value
of the subject-matter is less
than fifty rupees
2
[* * * ] ;
or when presented to any Civil,
Criminal or Revenue Court,
or to any Board or executive
officer for the purpose of
obtaining a copy or
translation of any judgment,
decree or order passed by
1. Application or petition.
1959 : XXXVI ] Maharashtra Court-fees Act
such Court, Board or
Officer, or of any other
document on record in such
Court or office.
1
[* * * ]
2
[(c) (i) When containing a
complaint or charge of any
offence other than the
offence under the
Negotiable Instruments
Act, 1881.
3
[* * * ]
(d) When presented to any
competent authority for the
purpose of obtaining a
certificate of domicile.
(e) When presented to a
Chief Controlling Revenue
or Executive Authority or
to a Commissioner of
Revenue or to any Chief
Officer charged with the
executive administration of
a division and not
otherwise provided for by
this Act.
(f) When presented to
the High Court—
(i)
6
[***] for directions,
orders or writs, under
article 226 of the
Constitution for any
purpose other than the
enforcement of the
fundamental rights
conferred by Part III
thereof ;
(ii) for directions, orders
or writs, under article 226
for the enforcement of any
of the fundamental rights
conferred by Part III of
the Constitution or for
the exercise of i ts
jurisdiction under article
227 thereof ;
(iii) in any other case not
otherwise provided for by
this Act.
SCHEDULE II—contd.
Number . . . Proper fee
(1) (2) (3)
Five rupees,
4
[Ten rupees].
7
[0ne hundred twenty-five
rupees.]
8
[Two hundred and fifty
rupees.]
5
[Ten rupees].
9
[Twenty rupees].
1 Clause (b) was deleted by Mah. 23 of 1996, s. 5 (1)(c).
2 Clause (c) was substituted by Mah. 18 of 2002, s.8(a)(2).
3 Sub-clause (ii) was deleted by Mah. 17 of 2008, s.4.
4 These words were substituted for the words “ Two rupees” by Mah. 18 of 2002, s.8(3).
5 These words were substituted far the words “ Five rupees ” by Mah. 18 of 2002, s. 8(4).
6 The words and figures “ under section 45 of the Specific Relief Act, 1877 or ” were deleted
by Mah. 23 of 1996, s. 5 (1)(g).
7 These words were substituted for the words “One hundred rupees”, by Mah. 18 of 2002,
s. 8(5) (i).
8 These words were substituted for the words “Forty rupees ”, by Mah. 18 of 2002, s. 8(5) (ii).
9 These words were substituted for the words “Ten rupees ”, by Mah. 18 of 2002, s. 8(5) (iii).
26 of
1881.
Maharashtra Court-fees Act [1959 : XXXVI
SCHEDULE II—contd.
Number . . . Proper fee
(1) (2) (3)
. . . .
When the Court grants the
application and is of opinion
that the transmission of such
records involves the use of
the post.
. . . .
. . . .
(a) When presented a District
Court.
(b) When presented to a
Commissioner or the High
Court.
. . . .
. . . .
3
[Five rupees].
4[Five rupees].
5
[Five repees].
7
[Twenty-five rupees],
8
[Ten rupees].
6
[Twenty rupees],
Bom
II of
1906.
1 These words were substituted for the words “ Twenty rupees ”, by Mah. 18 of 2002, s. 8(b).
2 These words were substituted for the words “ Four rupees ”, by Mah. 18 of 2002, s. 8(c).
3 These words were substituted for the words “ One rupee ”, by Mah. 18 of 2002, s. 8(d).
4 These words were substituted for the words “ Two rupees ”, by Mah. 18 of 2002, s. 8(e).
5 These words were substituted for the words “ Four rupees ”, by Mah. 18 of 2002, s. 8(f)(1).
6 These words were subtituted for the words “ Ten rupees ”, by Mah. 18 of 2002, s. 8(f)(2).
7 These words were substituted for the words “ Ten rupees ”, by Mah. 18 of 2002, s. 8(g).
8 These words were substituted for the words “ Two rupees ”, by Mah. 18 of 2002, s. 8(h).
2. Revision application
when presented to the High
Court under section 25 of
the Provincial Small Cause
Courts Act, 1887 or section
115 of the Code of Civil
Procedure, 1908.
3. Application to any Civil
Court that records may be
called for from another
Court.
4. First Application (other
than a petition containing
a criminal charge or
information) for the
summons of a witness or
other person 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
the immediate purpose of
being produced in Court.
5. Application for leave to
sue as a pauper.
6. Application for leave to
appeal as a pauper.
7. Plaint or memorandum
of appeal in a suit to
obtain possession under
the Mamlatdars Court Act,
1906.
8. Plaint or memorandum
of appeal in a suit to
establish or disprove a
right of occupancy.
1
[Fifty rupees],
2
[Five rupees] in addition to
any fee levied on the
application under clause (a),
clause (c) or clause (f) of
Article 1 of this Schedule.
IX of
1887.
V of
1908.
1959 : XXXVI ] Maharashtra Court-fees Act
SCHEDULE II—contd.
Number . . . Proper fee
(1) (2) (3)
. . . .
. . . .
. . . .
When presented for the conduct
of any one case—
(a) to any Civil or Criminal
Court other than the High
Court, or to any Revenue
Court, or to any Collector or
Magistrate, or other executive
officer ;
(b) to the High Court.
(a) to any Civil Court other than
the High Court or to any
Revenue Court, or Executive
Officer other than the High
Court or Chief Controlling
Revenue or Executive
Authority;
(b) to the Chief Controlling
Executive or Revenue
Authority;
(c) to the High Court.
1 These articles were substituted for articles 9 and 10 respectively by Mah. 12 of 1976, s. 2.
2 These words were substituted for the words “ Five rupees ” by Mah. 18 of 2002, s. 8(i).
3 These words were substituted for the words “ One rupee ”, by Mah. 18 of 2002, s. 8(j).
4 These words were substituted for the words “ Five rupees ”, by Mah. 18 of 2002, s. 8(k).
5 These words were substituted for the words “ Three rupees ” by Mah. 18 of 2002, s. 8(l)(1).
6 These words were substituted for the words “ Five rupees ”, by Mah. 18 of 2002, s. 8(l)(2).
7 These words were substituted for the words “ Two rupees ”, by Mah. 18 of 2002, s. 8(m)(1).
8 These words were substituted for the words “ Five rupees ”, by Mah. 18 of 2002, s. 8(m)(2).
9 These words were substituted for the words “ Ten rupees ”, by Mah. 18 of 2002, s. 8(m)(3).
1
[9. Bail-bond or other
instrument of obligation
given in pursuance of an
order made by a Court or
Magistrate under the Code
of Criminal Procedure, 1973,
or under the Code of Civil
Procedure, 1908.
10. All other bail-bonds
given under the Code of
Criminal Procedure, 1973,
and recognizance to
prosecute and recognizances
for personal appearance or
otherwise.
11. Undertaking under
section 49 of the Indian
Divorce Act,1869.
12. Mukhtarnama or
Wakalat-nama.
13. Memorandum of appeal
when the appeal is not from
decree or an order having
the force of a decree, and is
presented—
2 of
1974.
V of
1908.
IV of
1869.
2
[Ten rupees.]
4
[Ten rupees.]
3
[Five rupees}.
5
[Ten rupees],
7
[Five rupees],
8
[Ten rupees],
9
[Twenty-five rupees].
6
[Fifteen rupees].
2 of
1974.
Maharashtra Court-fees Act [1959 : XXXVI
SCHEDULE II—contd.
Number . . . Proper fee
(1) (2) (3)
1 These entries were substituted by Mah. 18 of 2002, s. 8 (n).
2 These words were substituted for the words “ One rupee ”, by Mah. 18 of 2002, s. 8 (o).
3 These words were substituted for the words “ Ten rupees ”, by Mah. 18 of 2002, s. 8 (p)(1).
4 These words were substituted for the words “ Two rupees ”, by Mah. 18 of 2002, 8 (p) (2).
5 These words were substituted for the words “ Seventy-five rupees ”, by Mah. 18 of 2002, s. 8(q).
6 These words were subsituted for the words “ Thirty rupees”, by Mah. 18 of 2002, s. 8 (r)(1).
7 These words were subsituted for the words “ Five rupees”, by Mah. 18 of 2002, s. 8 (r)(2).
8 These words were substituted for the words “ Fifteen rupees ”, by Mah. 18 of 2002, s. 8(r) (3) (i).
9 These words were substituted for the words “ Twenty-five rupees ”, by Mah. 18 of 2002, s.
8 (r) (3) (ii), (4) and (5).
1
[(i) When presented to the
High Court.
(ii) When presented to the
Court other than High Court.
. . . .
. . . .
. . . .
. . . .
When the amount or value of
the estate does not exceed
two thousand rupees.
When it exceeds two thousand
rupees, but does not exceed
five thousand rupees.
When it exceeds five thousand
rupees.
. . . .
When the amount or value of
the property exceeds five
hundred rupees.
14. Caveat . . . .
15. Application for permission
to cut timber in Government
forests, or otherwise relating
to such forests.
16. Memorandum of appeal
presented to—
(a) the State Government ..
(b) any Forest Officer, where
such appeal is provided for,
by or under the Indian
Forest Act, 1927 or any
corresponding law in force.
17. Petition in a suit under
the Native Converts’ Marriage
Dissolution Act, 1866.
18. Application—
(a) under section 20 of the
Arbitration Act, 1940 ;
(b) for probate or letters of
administration or for
revocation thereof under the
Indian Succession Act, 1925.
(c) for a certificate under part
X of the Indian Succession
Act, 1925, or Bombay
Regulation VIII of 1827 or
any corresponding law for
the time being in force;
(d) for opinion or advice or for
discharge from a Trust, or
for appointment of new
Trustees under section 34,
72, 73 or 74 of the Indian
Trusts Act, 1882;
(e) under rule 58 of Order XXI
of the Code of Civil
Procedure, 1908 regarding a
claim to attached property.
Fifty rupees.
Twenty-five rupees].
2
[Five rupees}.
3
[Twenty rupees]
4
[Four rupees].
5
[One hundred rupees].
6
[Fifty rupees].
7
[Ten rupees].
8
[Thirty rupees].
9
[Fifty rupees].
XVI
of
1927.
XXI
of
1866.
X of
1940.
XXX-
IX of
1925.
XXX-
IX of
1925.
II of
1882.
9
[Fifty rupees].
9
[Fifty rupees].
V of
1908.
1959 : XXXVI ] Maharashtra Court-fees Act
SCHEDULE II—contd.
Number . . . Proper fee
(1) (2) (3)
1 These words were substituted for the words “ Fifty rupees” by Mah. 18 of 2002, s. 8 (s).
2 These words were substituted for the words “ Seventy-five rupees ” by Mah. 18 of 2002, s.
8 (t) and (u).
3 These words were substituted for the words “ Five rupees ” by Mah. 18 of 2002, s. 8 (v).
4 These words were substituted for the words “ Seventy-five rupees ” by Mah. 18 of 2002, s.
8 (w) (1) and (2) and (4) and (5).
5 These words were substituted for the words “ Fifty rupees ” by Mah. 18 of 2002, s. 8 (w) (3).
19. Agreement in writing
stating a question for the
opinion of the Court under
the Code of Civil Procedure,
1908.
20. Every petition under
the Indian Divorce Act,
1869 except petitions under
section 44 of that Act and
every memorandum of
appeal under section 55 of
that Act.
21. Plaint, application,
petition, or memorandum
of appeal under the Parsi
Marriage and Divorce Act,
1936, the Special Marriage
Act, 1954 or the Hindu
Marriage Act, 1955 :
Provided that, where in
addition to divorce damages
are claimed.
22. Petitions under the
Indian Christian Marriage
Act, 1872, sections 45 and
48.
23. Plaint, petition or
application (including
memorandum of appeal)
which is capable of
being treated as a suit—
(a) for annulment of
marriage ;
(b) for dissolution of
marriage ;
(c) in suit for custody of
minor ;
(d) for restitution of conjugal
rights ;
(e) for judicial scparation;
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
1
[Seventy-five rupees].
2
[One hundred rupees].
2
[One hundred rupees].
A fee as above plus a fee on
the amount of damages
claimed according to the
scale prescribed under
Article 1 of Schedule I.
4
[One hundred rupees].
5
[Seventy-five rupees].
4
[One hundred rupees].
4
[One hundred rupees].
3
[Ten rupees].
4
[One hundred rupees].
V of
1908.
IV of
1869.
III of
1936.
XLIII of
1954.
XV of
1872.
. . . .
. . . .
XXV of
1955.
H 4116—6
Maharashtra Court-fees Act [1959 : XXXVI
SCHEDULE II—contd.
Number . . . Proper fee
(1) (2) (3)
1 These words were substituted for the words “ Thirty rupees ” by Mah. 9 of 1970, s. 5.
2 These words were substituted for the words “ Two rupees ” by Mah.18 of 2002, s. 8 (x) (1).
3 These words were substituted for the words “ Five rupees ” by Mah.18 of 2002, s. 8 (x) (2)
and (y) (1).
4 These words were substituted for the words “ Ten rupees ” by Mah.18 of 2002, s. 8 (y) (2).
5 These words were substituted for the words “ Fifteen rupees ” by Mah.18 of 2002, s. 8 (y) (3).
6 These words were substituted for the words “ Ten rupees ” by Mah.18 of 2002, s. 8 (z) (1).
7 These words were substituted for the words “ One rupee ” by Mah.18 of 2002, s. 8 (z) (2) (i).
8 These words were substituted for the words “ Ten rupees ” by Mah.18 of 2002, s. 8 (z) (2) (ii).
9 These words were substituted for the words “ One rupee ” by Mah.18 of 2002, s. 8. (z-a).
. . . .
(f) in or to any Civil Court not
otherwise provided for and
the subject-matter of which
is not capable of being
estimated in money value.
24. Copy or translation of a
judgment or order not being,
or having the force of, a
decree.
25. Copy of a decree or order
having the force of a decree.
26. Copy of any document
(including power of attorney)
liable to stamp-duty under
the Bombay Stamp Act,
1958 or the Indian Stamp
Act, 1899 or any
corresponding law in
force, as the case may be,
when left by any party to a
suit or proceeding in place of
the original withdrawn.
27. Copy of any revenue or
judicial proceeding or order
not otherwise provided for
by this Act, or copy of any
amount, statement, report or
the like, taken out of any
Civil or Criminal or Revenue
Court or office, or from the
office of any Chief Officer
charged with the executive
administration of a division.
When such judgment or order
is given or made by any Civil
Court other than the High
Court, or by any Revenue
Court.
When such judgment or order
is given or made by the High
Court.
1
[Ad valorem fee payable, as
if the amount or value of the
subject-matter was three
hundred rupees.]
When such decree or order is
made by any Civil Court
other than the District Court
or High Court, or by any
Revenue Court;
When such decree or order is
made by the District Court;
When such decree or order is
made by the High Court.
(a) When the stamp duty
chargeable on the original
does not exceed
6
[Twenty
rupees.]
(b) In any other case.
For every three hundred and
sixty words or fraction of
three hundred and sixty
words.
2
[Five rupees].
3
[Ten rupees.]
4
[Twenty rupees.]
5
[Twenty-five rupees.]
7
[Two rupees.]
8
[Twenty rupees.]
9
[Five rupees.]
Bom.
LX of
1958.
II of
1899.
3
[Ten rupees.]
1959 : XXXVI ] Maharashtra Court-fees Act
SCHEDULE II.—contd.
Number . . . Proper fee
(1) (2) (3)
1 These words were substituted for the words “ Five rupees ” by Mah. 18 of 2002, s. 8 (z-b).
2 These words were substituted for the words “ Two rupees ” by Mah. 18 of 2002, s. 8 (z-c).
3 These words and figures were substituted for the words and figures “ Indian Registration
Act, 1908” by Mah. 23 of 1996, s.30 (a).
4 These words were substituted for the words “ Two rupees ” by Mah. 18 of 2002, s. 8 (z-d)
and (z-e).
5 Article 31 was substituted for the original by Mah. 50 of 1974, s.2.
6 These words, letters and figures were substituted for the words, letters and figures “Chapter
IV of the Motor Vehicles Act, 1939” by Mah. 23 of 1996, s. 5(32)(a).
7 These words were substituted for the words “Ten rupees” by Mah. 18 of 2002, s. 8 (z-f)
8 These words were substituted for the words “ Twenty rupees ” by Mah. 18 of 2002, s. 8
(z-g) (i).
9 These words were substituted for the words “ a Municipality, District Local Board ” by
Mah. 23 of 1996, s.5 (33) (b).
10 These words were substituted for the words “ One hundred rupees ” by Mah. 18 of 2002,
s. 8 (z-g)(ii).
* See How Maharashtra Money-Lenders (Regulation) Act, 2014 (Mah. 8 of 2014).
28. Application made under
the *Bombay Money-lenders
Act, 1946 or under any
corresponding law in force.
29. Application presented to
any Registration Officer for
search of registration
records.
30. Appeal or application to
the Registrar under section
72 or 73, as the case may
be, of the
3
[Registration Act,
1908.]
5
[31. (a) Application for a
licence under sub-clause (i)
of clause (w) ;
(b) Application for certificate
of registration under clause
(xa), of sub-section (1) of
section 33 of the Bombay
Police Act, 1951.]
32. Application or appeal to
the Regional or State
Transport Authority or the
State Government under
6
[Chapter IV of the Motor
Vehicles Act, 1988].*
33. Election petition
questioning the election of a
person in respect of the
office—
(a) of Sarpanch or Upa-
Sarpanch or member of a
Panchayat ;
(b) of councillor or member
of
9
[a Municipal Council,
Zilla Parishad, Panchayat
Samiti] or such other Local
Authority ;
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
1
[Ten rupees.]
2
[Five rupees.]
4
[Five rupees.]
4
[Five rupees.]
7
[Twenty rupees.]
Bom.
XXXI of
1947.
XVI of
1908.
Bom.
XXII of
1951.
59 of
1988.
8
[Fifty rupees].
10
[One hundred fifty rupees].
. . . .
(G.C.P.) H 4116—7 (4742—3-2016)
Maharashtra Court-fees Act [1959 : XXXVI
SCHEDULE II—contd.
Number . . . Proper fee
(1) (2) (3)
1 Clause (c) was substituted by Mah. 23 of 1996, s. 5 (33) (d).
2 These words were substituted for the words “ Two hundered rupees” by Mah. 18 of 2002 s.
8(z-g) (iii).
3 These words weres substituted for the words “ One hundred rupees ” by Mah. 18 of 2002, s.
8 (z-h) (1).
4 These words were substituted for the words “ Twenty rupees ” by Mah. 18 of 2002, s. 8
(z-h) (2).
5 These words were substituted for the words “ Five rupees ” by Mah. 18 of 2002, s. 8 (z-i) (1)
and (2).
6 These words were substituted for the words “ Ten rupees ” by Mah. 18 of 2002, s. 8 (z-i) (3).
7 These words were substituted for the words “ Two rupees ” by Mah. 18 of 2002 s. 8 (z-i) (4).
8 These words were substituted for the words “ Ten rupees ” by Mah. 18 of 2002, s. 8 (z-j) .
9 These words and figures were substituted for the words and figures “ Code of Criminal
Procedure, 1898 ” by Mah. 23 of 1996, s. 5 (37).
10 These words were substituted for the words “ One rupee ” by Mah. 18 of 2002, s. 8 (z-k).
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
1
[(c) of Mayor or Councillor of
the Municipal Corporation of
Greater Bombay or Mayor or
Deputy Mayor or Councillor
of the Corporation of the City
of Nagpur or a Municipal
Corporation established
under the Bombay Provincial
Municipal Corporations Act,
1949, or President, Vice-
President, Chairman or
Deputy Chairman of any local
authority referred to in clause
(b).].
34. Application or petition to
the Court under section 391,
439 or 522 of the Companies
Act, 1956.
Any other application or
petition to the Court for
Judicial action or relief under
the said Act, not otherwise
provided for under this Act.
35. Application—
(a) for order of arrest or
attachment before judgment
or for temporary injunction;
(b) for compensation for
arrest or attachment before
judgment or in respect of
temporary injunction
obtained on insufficient
grounds;
(c) for the appointment of a
receiver in a case in which
the applicant has no present
right of possession of the
property in dispute;
(d) for setting aside decree
passed ex-parte or for review
of order dismissing suit for
default.
36. Appeal or application to
the Co-operative Tribunal.
37. Application made by a
party to the Magistrate
under section 145 of the
9
[Code of Criminal
Procedure, 1973].
3
[Two hundred rupees.]
2
[Five hundred rupees.]
4
[Forty rupees].
5
[Ten rupees].
5
[Ten rupees].
6
[Twenty rupees].
7
[Five rupees].
8
[Twenty-five rupees].
10
[Ten rupees.]
II of
1974.
Bom.
LIX
1949.
I of
1956.
1959 : XXXVI ] Maharashtra Court-fees Act
SCHEDULE II—contd.
Number . . . Proper fee
(1) (2) (3)
1 Article 38 was substituted by Mah. 23 of 1996, s. 5 (38).
2 These words were substituted for the words ” Ten rupees ”, by Mah. 18 of 2002, s.8 (z-l) (i).
3 These words were substituted for the words ” Thirty rupees “, by Mah. 18 of 2002.
4 These articles were inserted, by Mah. 18 of 2002, s. 8 (z-m).
5 These letters and words were substituted for the letters and words “II or III” by Mah. 22 of
2004, s. 3(a).
. . . .
1
[38. Memorandum of appeal
or application for revision or
review presented under
Chapter XIII of the
Maharashtra Land Revenue
Code, 1966 to—
(a) Appellate Authority
(b) State Government
4
[38A. Application, reference,
complaint, appeal or, as the
case may be, revision
application filed under the
Maharashtra Recognition of
Trade Unions and
Prevention of Unfair Labour
Practices Act, 1971,—
(a) application to the Labour
Court under section 25,—
(i) by the employer for declaration
that the strike is illegal.
(ii) by a recognised union that
the lockout is illegal.
(b) complaint under section
28 to the Labour Court with
reference to item 1 of
Schedule IV to the Act.
(i) by any union
(ii) by any employee
(c) complaint to the Industrial
Court under section 28
regarding any item in Schedule
5
[II, III or IV] to the Act.
(i) when by any union
(ii) by any employee.
(d) appeal under section 42
and revision under section
44 to the Industrial Court
(e) application filed under
section 50.
(f) other miscellaneous matters
not provided in the Act or any
of the above entries.
38B. Application or reference
under the Industrial
Disputes Act, 1947,—
(a) under section 2 (k)
(b) to the Labour Court under
section 2-A in any dispute
or difference between
workman and his employer
connected with or arising out
of discharge, dismissal,
retrenchment or termination
of the workman.
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
2
[Fifty rupees].
3
[Fifty rupees].
Two hundred and fifty rupees.
Hundred rupees.
Twenty rupees.
Fifty rupees.
Fifty rupees.
Fifty rupees.
Twenty rupees.
Twenty rupees.
Fifty rupees.
Twenty rupees.
Two hundred and fifty rupees.
Fifty rupees.
14 of
1947.
Mah.
XLI
of
1966.
Mah.
1 of
1972.
H 4116—7a
Maharashtra Court-fees Act [1959 : XXXVI42
SCHEDULE II.—contd.
Number . . . Proper fee
(1) (2) (3)
(c) regarding any strikes and
lock-outs to the Labour
Court under section 24.
(d) during the conciliation
proceedings under section 33.
(e) in any other miscellaneous
cases other than
referred above.
38C. Application or reference,
under the Bombay
Industrial Relations Act,
1946—
(a) in arbitration proceeding
to the Industrial Court
under sections 69, 71 and
73A.
(b) to the Labour Court under
section 78 read with section
79.
(c) appeals filed to the
Industrial Court under
section 84 or revision
applications filed under
section 85.
(d) in any other miscellaneous
cases other than those
specified above.
38D. Claim or reference under
section 6A of the Bombay
Labour Welfare Fund Act,
1953.
38E. Application or reference
under the Payment of
Gratuity Act, 1971.
38F
1
[Complaint and Appeal]
under the Maharashtra
Mathadi, Hamal and other
Manual Workers (Regulation
at Employment and Welfare)
Act, 1969.
2
[39. Save as otherwise
provided in this Act or any
other law, memorandum of
appeal or application for
revision or review presented
to the State Government
under any Provincial or
State Act or under any rules
or orders issued thereunder.
4
[40. All adjournment
applications in Civil and
Criminal Courts.
1 These words were substituted for the words “ Application or reference” by Mah. 22 of 2004,
s. 3 (b)
2 Article 39 was inserted by Mah. 51 of 1976, s. 2.
3 These words were substituted for the words “ Twenty rupees ” by Mah. 18 of 2002, s. 8 (z-n).
4 This article was inserted, by Mah. 18 of 2002, s. 8 (z-o).
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
Tewnty rupees.
Two hundred and fifty rupees.
Fifty rupees.
One hundred rupees.
Fifty rupees.
. . . .
3
[Fifty rupees].]
Ten rupees].
Twenty rupees.
Twenty rupees.
Twenty rupees.
Twenty rupees.].
Fifty rupees.
Bom.
XL of
1953.
39 of
1972.
Mah.
XXX
of
1969.
Bom.
XI of
1947.
1959 : XXXVI ] Maharashtra Court-fees Act
SCHEDULE III
(See section 29)
Form of valuation (to be used with such modifications, if any, as may be necessary).
IN THE COURT OF
Re—Probate of the Will of (or Administration of
the property and credits of ,) deceased.
I, solemnly affirm
make oath
and say that I am the executor (or one of the executors or one of the next of-kin) of
...................................................................................................,deceased, and that
I have truly set forth in Annexure-A to this affidavit all the property and credit of
which the abovenamed deceased died possessed or was entitled to at the time of his
death, and which have come, or are likely to come, to my hands.
2. I further say that I have also truly set forth in Annexure-B all the items I am by
law allowed to deduct.
3. I further say that the said assets, exclusive only of such last mentioned items
but inclusive of all rents, interest, dividends and increased values since the date of the
death of the said deceased, are under the value of
ANNEXURE A.
VALUATION OF THE MOVEABLE AND IMMOVEABLE PROPERTY OF DECEASED.
RS. Np.
Cash in the house and 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 securities transferable at
the Public Debt Office.
(State description and value at the price of the day ;
also the interest separately, calculating it to the
time of making the application.)
Immovable property consisting of . . . . . .
(State description, giving, in the case of houses the
assessed value, if any, and the number of years’
assessment the market-value is estimated at, and
in the case of land, the area, the market-value
and all rents that have accrued.)
Maharashtra Court-fees Act [1959 : XXXVI44
SCHEDULE III—contd.
Leasehold property . . . . . . . .
(If the deceased held any leases for years determinable, state the
number of years’ purchase the profit rents are estimated to be
worth and the value of such, inserting separately arrears due
at the date of death and all rents received or due since that
date to the time of making the application.)
Property in public companies . . . . . . . .
(State the particulars and the value calculated at the price of the
day; also the interest separately; calculating it to the time of
making the application.)
Policy of insurance upon life, money out on mortgage and other
securities, such as bonds, mortgages, bills, notes and other
securities for money . . . .
(State the amount of the whole; also the interest separately,
calculating it to the time of making the application.)
Book-debts . . . . . . . .
(other than bad).
Stock in trade . . . . . . . .
(State the estimated value, if any).
Other property not comprised under the foregoing heads
(State the estimated value, if any.)
Total . .
Deduct amount shown in Annexure B not subject to duty
Net Total . .
ANNEXURE B
SCHEDULE OF DEBTS, ETC.
Amount of debts due and owing from the deceased,
payable by law out of the estate . . . . . .
1[(State the particulars of the debts with interest in
respect of each debt separately, calculating it to the time of
making the application).]
Amount of funeral expenses . . . . . . . .
Amount of mortgage incumbrances . . . . . .
2[(State the particulars of amount of mortgage incumbrances
with interest in respect of each mortgage incumbrance sepa-
rately, calculating it to the time of making the application).]
Property held in trust not beneficially or with general power to
confer a beneficial interest . . . . . .
Other property not subject to duty . . . . . .
Total . .
RS. Np.
1 This portion was added by Mah. 26 of 1986, s. 2 (a).
2 This portion was added, by Mah. 26 of 1986, s. 2 (b).
1959 : XXXVI ] Maharashtra Court-fees Act
1870 VII The Court-fees Act, 1870, in its
application to the pre-
Reorganisation State of
Bombay, excluding the trans-
ferred territories and to the
Vidarbha region and the
Kutch area of the State of
Bombay.
1870 VII The Court-fees Act, 1870, as
modified and applied to the
Saurashtra area of the State
of Bombay by the State of
Saurashtra (Application of
Central and Bombay Acts)
Ordinance, 1948.
1324 VI The Hyderabad Court Fees Act,
in its application to the
Hyderabad area of the State
of Bombay.
1932 II The Bombay Finance Act, 1932.
SCHEDULE IV
(See section 49)
Laws repealed.
Year Number Law Extent of Repeal
1 2 3 4
The whole, in so far as it relates
to entries 3 and 66 of List II
and entry 47 of List III in the
Seventh Schedule to the
Constitution of India.
The whole, in so far as it relates
to entries 3 and 66 of List II
and entry 47 of List III in the
Seventh Schedule to the
Constitution of India.
The whole, in so far as it relates
to entries 3 and 66 of List II
and entry 47 of List III in the
Seventh Schedule to the
Constitution of India.
Section 2A and Part III contain-
ing sections 12, 13 and 14.
SCHEDULE V
(See section 50)
Laws amended
Year Number Law Extent of Amendment
1 2 3 4
1887 VII The Suits Valuation Act, 1887,
in its application to the
pre-Reorganisation State of
Bombay, excluding the
transferred territories and
to the Vidarbha Region and
the Kutch area of the State of
Bombay.
1887 VII The Suits Valuation Act,
1887, as modified and
applied to the Saurashtra
area of the State of Bombay
by the State of Saurashtra
(Application of Central and
Bombay Acts) Ordinance,
1948.
In section 9, the words and
figures “ of the Court-fees Act,
1870, and ” shall be deleted.
In section 9, the words and
figures “ of the Court-fees Act,
1870, and ” shall be deleted.
Fasali.
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