Tamil Nadu act 014 of 1955 : The Tamil Nadu Court - Fee and Suits Valuation Act 1955

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Act 14 of 1955

Keyword(s):

Appeal, Court, Court Fee, Valuation of Suits

Amendments appended: 5 of 1976, 1 of 1985, 31 of 1991, 55 of 2002, 17 of 2003, 44 of 2007

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-. ..-L-- L-- - - - - e- 1955: , . T. N. ~ c t XfV] Court-foes dnd Suits Valuu,:a 477-

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. p . THE .rAMlL NADU COURT-FEES AND SUITS VALUATION ACT, 1 955. Y

SECTIONS. .

1'. Short title, extent and commencement.

2. Appli cation of Act.

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478 Courtlfec~~antl Suits [I953 : T.N.Ac~XJV Vic!uat ion.

CHAPTER 111-eonr. 18, Cour t-fee Examiners,

19. Inquiry arid oommission.

20. Notice to the State Government, I 4

CHAPTER PV.

CO~~PUTATION OF 21.,Fcc how reckoned.

21-a. Fee to be computed to the nearest multipI4 of five naye Paise.

22. Suits for money. i

C

23. Suits for maiatenanco and a nnuilies, I I 24. Suits for movable property .

25. Suits fi>r dcc1,zr:ltion. I

26. Adoption suits,

27. Suits for injul~ction.

28. Suits relating to tmst property.

29. Suits for posses~ion u n d ~ r the Specific Relkf Act,

1877,

30. Suits for possession not othei-wiqe provided for

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31. Suits i'e1:a.i np to casements.

32. Pre-emption s~lits.

33. Suits relati ng 10 mortgages.

34. Suits relating k c , kanams.

35. Suits for accat~nts.

36. Suits for dis.iolution of partnership.

37. Partition suits.

38. Suits f'or joi~2 pcr~session,

39. Actministration suits.

40. Suits for cancciintion decrees, etc.

41. Suits to set ask! c :at tachmeni, etc.

42. Suits for spec-; tic [:c~.forrnancc.

43. Suits between I;tticiliord anif tcnltnt, t

44. Suits for rnesnc profits. 44-a. Suits for t h.: inkrcst of aslignee of land revenue.

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. ,

CHAPTER .IV,-cont.

, .

COMPUTATION OF PBE-CO~~ .

. .

45. Suits under the Tamil N8Qu Survey and Bound-'

aries Act !, .1923. . 46: Suits to dter or cancel entry in a register. * 47. su i t s relzt ing tc. pu bli'c matters.

'48.. Inter pleader suits.

f

49. Third party proceedings.

50. Suits not otherwise provided for. -

51. Bee on memorandum of appzal ag? inst order .

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relating t o compensation.

52. Appeals.

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' CHAPTER V.

53. Suits not otherwise provided for.

54. Prccedure where object ion is t::ken can appeal or

revision th2.t a suit or appeal was not properly v-tided far jurIsdictiom.l purposes.

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CHAPTER VI.

PROBATRS, LETTBRS OF ADMINISTRATION AND

CERTIR C A ~ ~ S OF ADMINISTRATION.

- 55. Applic;.tion for probate or letters of sdministriltion.

56. Levy of fee. '1 ^I

57. Grant of probate.

58. Relief in w.ses of several grants.

59. Inquiry by the Collector..

60. Application to Court and powerr: of Court.

61. Provision for cases where too low a fee has k e n pzi d .

62. Mministrstor to give proper trcurity bef&

kc! ters stamped.

63. Kelief 'whr. n too hieh a fee has btsn paid.

64 Recoyery of penalties, etc.^{. .}

65 Powers of Board of Reknue;

4

480 Court-fcos .sand Stfits [ 1955 : T.N. Act XlV Valzlrrtioti

CWAPTER VI1.

R E ~ T J N D ~ A~TD ~ P ~ M ~ S S X O N .

66. Refund in cases of tlel !y i ! I !~rescntation of j ~ ! : l i ~ l t , et c.

67. Refr~nd irr cases of i . e ~ n : ~ ~ ~ d -

68. Refund where Court rcvcrser or incil ifies fitrmer

decision on ground r f mistoke.

69. Refund on settletnent before hex-ins.

70 Refund of SCL: p:iitl by mis~:!L t r i n n t l ~ ~ ~ t c n c c . .

72. Exemptio~l of cer tsin cioc;~~ i i i C r i t S a

73. Power to reduce or remit fccs.

CHAPTER VITT.

M ~ s c ~ ~ ~ ~ ~ a o a r s .

74. Collect i o j ~ of fzcs by stamps.

75. St:l mps t~ bz i ~llpressed or ::c! hesi w.

76. Alnenciccl clcct! nncxzt.

77. Cancetfation of statnp.

78. Dcciuction to be made.

79. Pcndty.

80. Power of High Court to make rulcs.

81. Powcr of Boat-d of Revenue to make rules.

82. Powcr of Goxrernment to makc riilzs*

83. Continuance in force of existing r~iles.

84. ~ r n e n d men; of Cen:rnl Ac& 111 of 1873.

85. RL:+ql of Cen rnl Act 1V of 1877. bu. .Amend menl of central Act VII of 1892.

87. Repeal and s;,ving.

88. S~vings in ri.r,pcct of t 11c :~-;~c:;fer'rt.d terri! ory.

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[TAMIL NADUl ACT No. XIV OF 19552 .

=[TAMIL NADU] COURT-FFES AND SUITS

VALUATION ACT. 19553

' 3 *e substituted: fcr the ward 4c?, %

482 Courtfees and S4rif.r Vulualion i 2953: "I:;. .iel X N

- --T'------ - - - .- L-- -- - - - - e-

484 Cotrrt-fees an& Sirits Vnlircirion. [I9 55 : T.N. Act XIV

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'[(3) Notw~thstanding noything co nt~.ir.ed io sub- section (21, +the mat-ket vi.f.. . ' ! i , bt. ildi ug or garden in the u;:nsfc~rcd territory shcl!, in a s c s of dispute, be

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were framed on tltc ~:ierit$ of the cI8i1n and who bad an opportujlity lo filc a written slatemetit plcatiitlg that the subject-ntalter of thl: suit was not properly valuod or that the fee paid was t ~ t si~fficient.

i.T:N. Act XIV] ~ o u r f 3 -fees . . and Suits ~ a l ~ a t f ~ ~ . , 4

490 Court -fees and Suits Vuluaiim [2955: T.N. Act XIV Court-fee 18. (1) The High Court may depltto officers to be

t - 1955; T. N. Act XIV] Court-fees 4nE Stilts Valuation 49 1, -

this Act. &Q - ,I. This section was inserted by section 2 of, and the &wula . c .,* ' < st, to,? the Tamil Nadu Coinage (Alteration of Referonws) Act, 1960 ^{*, * '"3} ,: . d . ;. $ 2 (Tamil Nadu Act 9 of 1960). I I * " ' > . p, .t, d

'. . 'This ox lanation wag add& by section 4 (1) of, and ' t&' * . P - \ >$i . . r Semnd Schedu o to, t ha Tamil Nadu (Trnnsferred Territory) Extet+ , _ . \ sion of b w s Act, 1965 (Tamil Nadu Act 22 of 1965). ,,+rtl

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(c) in a suit for anslujties or r l !~er sums pay~.ble periodically, on f ive i imes t he amoti n t c!::imed o be pe,y- able for one year ;

Provided that, where the annuif y is pir ya ble for less than five years, i he fce shall be c:~mpuic~! on 1 he aggregate ,

oft he sums payable :

Provided further that e suit for enhancemen{ of main- tenance shall be instituted in a Court which will have juris- diction to receive a su it for maintenance at the eohan~d rate claimed a i d one for reduction of maintenance sh l1 be instituted in a Court which will have jurisdictio n to receive a suit for mai~ltcnznce at the rate which i s sought to be reduced.

Suits for 24. (1) h a snit for movable proae3l y ot her t ban movabledocuments oftitle, fee shall be cornputid-

Property-

(a) where 1 he subject matter has a market value, on such value ; or.

(b) where the sct bject matter has no market wlce, on the amount ni which the relief sought is velued in the plaint. .

(2) (a), In a suit for possession of doc~lmenfsoftitle,

fee shall b ~ornpuled on one-fourt 11 of i !K ?,;ilou nf or of the rnrirbt vzlue oft he property s e ~ ~ j r e d by thedocument-

(i) where t be pk in t alleges dcniz I cff the p$jnt jffBs title to the money or f he j~oper t y sict!rt.f: ! ~ y i hc tlocument

or

(ii) where a o i s o s i sfralnid YP(I:.T(!~ np the plant iffys title to the money c.iS -hc propert y a, L:t!~*eTj :-,!. r!lc docti mpnt

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Provided t 1 .:jot -shi:re the c!Ijt:g:.: jial jn li(: plaint cr

the issue frameti 1 elarcs onlyto :: poi-$ ion o l.1 nmcll, nl cr property, fee sh:dl be computed o n onc-Sc)tij 1 h of such

portion of t he amou nt or on one-fi)llrc 11 oi. 1 he milel kt value of such pol i i r m of i he p~*opci.t y. ( 111 :1 sir i t Ft:i' ~ O S S C - S : ; ~ ~ \ I I c l f ( j c k.11 ~ ; ~ t j ~ ~ ~ $; (, f i jf where 1 lm pl;ti~~tin"s i: 1 ; , I ;!(, pl'c'pcr 1 y

secured by I II:~ d 2 ~ ; !?--+IT:: is 11~11 c'eli:. .! F.C. j3p cc. fl:pl. - . . * . . ted on t hc 1 , , . 2 " .. -. 1 ." -. :i g'..r,.e<* , , i ~ t h

pf dnr.

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-- - - - * .. - - . -- -----L.+, & - ---+.z.&.&$

. ...- 4. k-

I l i g ' J - ,3 - , E' . Act XIV] ~ourt- fees and Suits Valuirtfon +'493 * - , >

tion.-The he kpressio n ''document of tit le9.

- c ' . > - g-,? :;j3,, cument which purports or operates toerecite; .... .*; re, assign, limit or extinguish, vrhetkher in present or in^{. +.} e, any right, title or .interest, whet her vested or contingent, in any proporty. d

8 , ,.

' g5 In a suit for a declaratory decree or order, whether Snits fo; with - or without consequential relief, not falling lunder declaration.

section 26-

(a) where the prayer i s for a declaration and for passessidnof t he property to which the deckrratic n relates, fee shall be computed on the market value c c the property or on rupees t hree hundxed, whichever is higher ; .

(b) where the prayer is for a declaration and -for consequential injunction and the re lief sou ght i s.wit h

reference to any immovable properly, fee shall be compu- tedonone-halfofthemarketvalueoftheproperty.oron - - rupees three hundred, whichever is higher ;

(c) where i he prayer relates to i he plaintiff's exclusive righttouse, sell, print or exhibit any m~rla,nzme,book, . . \ picture,design,orotherthi-ngandisbased onaninfringe- , ~entofsuch-ex~lu~i~eri&t,feesh~Ube~omp~tedonthe . amount at which the relief sought is valued in the plaint or onrupees five hundred, whichever is higher ;

(d) in other cases, whet her the subject-matter of

. thesuitiscapableofvaluationor not,feeshallbecomputed : : . . q

on the amount at which the relief sousht is valued in the^. plaint or on rupees four hundred , whichever is higher. , is

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26. In a sllit for a de61~xelion in regad to the .vakiity Adonib*- : j

orinval idi tysfa~cd-~t;n~or?he factum ofan;adqption, 8 ~ i t 8 . fee shall be payable at the follclwing rates:- ..

. .

-2 - ' I . - .

(i) In a District Mun- Itupees fifty. * . : . . . % - $ , sif's Court . ,O e

the Gity Civil Rupees one hundred ifi.it.& ^{- " " ,.*;} oui t , Mad ras,

fi a'b-Ca urt or

iii) Inthe HighOourt. Rupees

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494 C~urt#ees and Sufis V a h t i o n [195~i T.N. Act XW

27. In 3 suit 'or injunction- Suits . for infun. (a) where the rclief sought is with reference to any im-

"!On* movable property, and ^%

(i) where the plai~tiff alleges the! his title to the property is denied, or

L*

i p (ii) whme a n issue is framed regarding the plaintiff's title to the property;

fee shall be computsd on one-half of the mar kt value of

\ the property or on rupecsthree hondrcd, whichever is higher ;

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(b) where the prayer rtktesto the planliff's exclu- sive right to use, scll, print or exhibit any xnc,rk, n x ~ ~ ,

boot, picture; d,esign 01' other thing ant1 is baed on an infringement of such exclu live righl , fec shall be co rnputed on the amount at whiclnThe relief scughl is v:!tvcti in . the plaint or on rupees five 1111 ~~c ' r ed , \vhi;:l lc vdr j s Iligher ; - (e)in aayotherclse, whetherthesubjcct-mifterof

the suit has e market valu : or not. fee shall bt: computed

onthe amount at v-hirh :hl:: rellef'st?i~ght i!, ~afucd in the

plaint or on rupeesfour hundred, whiilliwer is higjler.

28. In a suit for pc:sscssion or joint posscssio n gf i 1-u uits relating property or for a d eclar;?l or y d ccrce, wl~cf llcr with or wit h.

to trust pr* out consequential leliuf i l l respect or i t , bet wcen trusrees perty* or rival claimants to t ho off ice of ! rusiee or between a trustee and a per son \d'~l,{s has c e ~ w d ! o hc r I u s: cc, ftc shrill

be computcd on ol~c-fiii h of i h.: 111?rkt:{ v:.llii. of ;lie

property subject to tr in'ir i fee o f ruppces l wc; hundred or where the propen y lias no mar bt value., o 11 rupees one thousand ;

Provided. t ha!, whcrc ihc property 0.ces nct have a market value, value fCr the purposr: of dcferrni~u'~~ the jurisdiction of court.; :;!dl bc such amcunt ns t I le planfie ahall state in the plaint.

#xplanalon.-Fm thz p~il-pos.:-ef this section* prnprty

comprised in a Hindu, hftlcfirn or Gt hi 1- rztigicus or cbri:.

3bfeeadow:ze~lr ;tall b2 2:;r-ej:c t: ::;::: _. -, yan-1

L

""'0 .- I& mmSa = - - * ? - . - - P A - ., ? - -:. ; -ryfly :.L*-p ?: L":?--::? ; 2 &

the ~u - - x t bc?t3:.f.

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(3) Where, in such a suit, tho mortg~gcd property is I sold and thc hold cr of a pl ior or subsequ~nt mortgage or

* * charge applies for payment to hi13 o : ~ dthe sale p~*oceeds

' . of the amouot due on his mortgage or ~:hrrgc, such holder of the prior or subseyuellt mortgqe or t:hargc shallpay c.n

his applicrtion a Pee computcd on :he .-rno~~ nt claimed by him:

Pxovided that, where su GI~ i .L~71disa . ;)E hc nzoiltgagc or

charge is a party to thc sult in which thc nqlo w.1~ h;ld and has paid fee on ibc mitten s t~lemcut i i t ~ t i by lid111 in the suit, no feo sha-ll bc ptlysble by ht nr on ;I? ;: applic~ tion for payment oul of the: stili; prv,.,~ -' .. :

Prcvided furthcr that;, whcx-c; t hc holtlcr of t hc 1n4.rt.b ^I

g a p or char gi , r i d bcing a p1riy i t ) i i ia st. i i wflicfl ( I I , J sale is held, has p:id n fce in ang ,::h{:r pr:~cccding on the

clalrn to which his application s ~ ; ~ ' ' { c s , :-l:a!t s k l l be given

for the fec p:iid by him in such oi h::t p roc~~ding .

(4) In s ~ i t by GO-mortgagei: fat. t ht: b,.ncfit of him-

self and the other GO-lnortg~gocz, . . b: coznputed on the amount claim:d on the emir: mrwtg:lgr:

Pi-ovidcd tlurr, where a co-lnol ~g::gcc implcodrd as

defendant in such wit claims or? i 11s dl? i ire, iilort:igc a larger

I sum than is ~ l a i m > ~ d i n thc pli~inl, ih: tiiff;r~nc- b;lwGcn the

fee computed 01-1 the cnt irc su111 cl:tilnct? i n suohcl~f~hndant's

written s t f i tcm~ul arid lhc' fee ~ ~ ~ i q ) i l l t:ci O ~ I 1 llc cgtile

sum claimed ill thc yi:rint shall bt: paybli: on tilt written statement.

Explanatio12.-Nothing in r his ~id~-~f:ctic, rr sly4 11 be con. strued its affecting !hc ktw o f limifattion.

(5) (a) In a suii by it sub-n~nl.tgagl:~*, to rccov,:~ the amount claimed on rh:: sub-n~~ri.tgn~~* by s;:i~ of the

mortgagee's interest in the mmtg:~g;;g;'d pia?!' :it!: fee shall

be computed on t hi: amount : -l i t !ldcr 1 1 % ~ sub.

matgage,

(b) In a 4 ~ l f . by 2'. ~ ~ b - l l l ~ ~ t ~ + i ~ l ~ i f , if tixi PisilYGr for

the sale d t h ~ prop;rty ~nortgag,d i t 1 i ik- <;rigii;*!i morigagoe and the origin:ll morlg rgor isalso im/il. a . :cd t ~ i a ~ t , 2 f G ; l c t ~ ~ ,

fee shall bs colnputct! .>r: the elltire a ~ n ~ u i ~ r c1;:im-d on tile

origiml rnortgagc wl:ich is sub-mn, ( b" i p-, hixll*

(6) Whcrz the I;":>jder of a 6: gltbscqllent

mortgage or cha1.g~ is imp1,lsc ed ill 3 suit b y ;i /:<:-mortgagee

to which sub-sectior {J!) rpplies, or in o srri: by a sub

mortgagee to which s~b-scction (5) applics, ilk: povisions

of sub-sections (2) iilld (3) shall apply iiirrlniis rnr!taMisr

to a written statement or an sppti~l tioo a c d by such h@er of mortgage or charge.

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. - A.- -- -- . . --

Courtyees a ~ d Suits Valuation.

497

(7) Where the original mostgagee who is imp~sadc~ which the provisions of sub-section (5).(b) apply aimr on the mortgage sub-mortgaged by him a largcr , amount than is claimed in the plaint, the provisions of sub-section (4) shall apply mutatis mutardis to the written statement of such mort~Rgor. A I

(8) In a suit against a mortgagee for redemption of a mortgage, fee shall be computed on the amount due

I

on the mortgage as stated in the plaint or on one-fourth of the principal amount secured under the mortgage, which-

that, where the amount due on the mortgage d to be; more than the amount on u7hich fee has been

intiff, no decree shall be pi3ssed until the Provided further that, in the care of a usufructuary

or rrnom~lou 2 iaortgz~;, ir - tbc plaintiff prays for mlcmption as well as for accountti of surplus profits, fee

shall ba levied separately on the relief for .accounts- as i , ~ , ;

a suit for accounts. i

(9) In a suit b,y a mortgagee to foreclose the mortgage or, where the mortgage is made by conditional sale, to have^{' .}\ . .. the sale declared absolute, fee shall be computed on the , f y

amount claimed in the plaint 'by way of principal and^{1 t-}

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'$2 "-

34. (1) A suit by a landlord for recovery ofpossession Suits re~ad#g&@ ed by way of kanam-liuzhi kanam shall to kanam? ^I[ .] ~$4, "$2 I 3%

Ive the reliefs of redemption and . + ;. p ;.. ,^- " , +? * ' all be levied in respect of each of I . _ . _ . . yr+ j

soy, cn the ganarth-m in respect :<.;. :?:* p 2 ption and on one year's michavaram % :, :+&+ .<. ', 4--

rent in respect of the relief of ejectment. , r i

. < - > - 8 * .

(2) If in any such suit, arrtbs of mikhavaramor rent . - ; damages or both are also sollght to be two vcred, fee shall-?, +.: z;., levied also on the amount ofxuch arrears or damages or . - < .

' 7 -- -- * r,

t .

3 he words and figures ('under the Malabnr Tenancy- Act, ^ah . -

1929" ;were omitted by section 4 (1) of, ar d the Sccond Schedule to, the Tamil Nadu ransf sf erred Territory) Extension of Law. Ac' 22 of 1965.) , .

Y

- -

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498 C'oz~pt-j-fi.rs $!!it:; L I, '055 : TIN* AetXIV Valucrrr Oil

Provided that, where thc plaintiff seeks to set off the

kanaythatl. add the value of t lx improve~nznts due by him to the defendant against arrears of micha'iaram or rent due to

him, fce shall bo levied only on the balailcs claimed ; and if the arnount ascertained to be due to hi!?; 5xceeds the amount as estimated by the plaintiff, no decree shall be passed until the difference bctwcen thc t'cc wtunlly paid and the fee which would havc becn payable had the suit comprised the ahole of the amount so ascertained is paid. I f the additional fee is not paid withio such time as t11c Court may fix, the decree

I shall be lirnitcd to the amount to wlzich the fee paid extendo,

~[(3) Not wi:hstanding any thing col~taiiled in sub-

sections (1) kkald (2) , in respect or the transferred terri-

tory, in a suit for cjectmcnt of a kanam Ilolder or a tenant

who has a right to permanent occupancy, or i s enjoying

undcr a p:rpl. trial 1aas.s or t ~ ~ ~ ! i o r a lease fur a term exceeding 25 ,car , fee sh: I1 bo co ilpLltcd ;!ccording to the market v; i l :~: o f thc sub-ject rn;ltfcl..l Suits for '4. (1) 111 a suit for accounts, fee shall be computed on

ixcounts* the amount sued for as estimated i n the plaint.

(2) Wl~cre rht: amount yayablo to tile plaintiff as asceru

tained in the suit i s it. excess of the amount as estimated in

the plaint, IGO decree directing payme11 t of the amount as so ascertained shall be pazsed until the diffe~cnce between the fee actually paid and t hc fes that would have becn payable

had the suit compristld the who!e of the amount so ascertai- ned, is paid. If the additional fce is not paid within such time as the Court may fix, the decree shall be limited to the

amount to which the fe0 paid extends.

(3) Wherl: iii ally such suit it is found that any amount is payable to the de!bndant, no ciccree shall be passed in his favour until he pays the fee due on the amount.

Suits for 36. (1) In a suit for dissolution of partnership and diss~lution of accounts or for iiccounts of dissolved partnership, fee shall partners&* be computed on the value' of the plaintiff's share in the partnership 6s estiniated by the plaintiff.

-- -- --..--- *

1 This sub-sectio~l was added by section 4 ( 1 ) of', md fhe Second Schedule to, t ht: l'amil Nadu (lTran sferred Terdtory) Extension of Laws Act, 1965 (Tamil Nadu Act 22 of 1965).

23

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(2) if the value of the plaintiff's share as asczrtained in , the suit exceeds the value as estimated in the plaint,no decieei

01 where thee has been a preliminary decree,no final decree; shall be passed in favour of the plaintiff, no payment shaU be made aut of the assets of the partnership and no property shall be allotted as for the plaintiff's share, until the differ-

ence betwnn the fee actually paid bnd ihe fee that would have been payable had the suit comprised the whole of the

value so ascertained, is paid.

(3) No final decree shall be passed, 110 money shall

be paid and no allotment ofproperty shall be made in favour ,of a defendant in any such suit as, for or on accouat of, his share of the assets of the partnership, a ~ t i l the fee compu. ted on the amount or value of his share of the assets of the partnership i s paid.

37. (1) In a suit for partition and separate possession of partition

a share of joint family property or of propert:? owned, suits. jointly or in common, by a plaintiff who has been excluded from possession of such property, fee shall be computed on 'the market value of the plaintiff's share.

(2) In a suit for partition and separate possession of joint family property or property owned, jointly or in conlmon, by a plaintiff who is in joint possession of such propcriy, fec shall be paid P. t the following

rates:---

When the plaint is presented tc-

(i) a District Munsif's Court.

Rupees thirty.

, . . ,

(ii) the City Civil Rupees thirtyif the valueof

COW: t , Madrac , plaintiff's share is

or a Sub-court Rs. 5,000 or less ; l-z&i+*g$$. '$ Rupees onc hi ildrrd if the

value is above Rs. 5,000

but below Rs . 10,000 ; and

Rupees two hundred if the '

valuc is Rs. 10,000 ; and

above

(iii) the High Court. Rupees t hree hundred.

125-3-32~

$

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. -- . I (3) ~ ' V - ~ C I - L , i KL s d u J ~ ~ L L T I c 2 >L:b-s'ct~L;n (1) or

~ubse~ti011(2), i:. ;;t:l':n~ar l̂t cia:^^; ~ , i l l i , i ~ 7 i l and sepaxatt:

possession of' his z i ~ ~ i e of iht propel iy, I'ci shall be payable on his wiitcen stab- m-nt ~3inputi.d on imlS i ilc mar k ~ t value

of his sharc or ai half c hc ratcs 4p~ci lic4 i 11 sub -section (2),

according as suci-n ctclknelant has IICGII cxclit~cri Ir omposses- sion, or is in joirt ~ O S S C S S ~ ~ ~ ,

(4) Where, i n a suit falling under sub--scciion (1) or

sub-s-ction (2), : {I-: plaintiff or iilc ocfcndanl seeks cancel- lation of decree 3r c~lhcr documcj~t of ill2 nature specified i n st .cl l~ i . 10, scjx~ratc ice shalt b,: pnyabll: irI1 i hc sclief of

~a1~cc1 l i~ l io i~ i ~i L !I(: ~J.;I,II~ICI s p c i l i a i i 11 [GI: ~ c t . i o u .

3uits fat 38. Ina suit Eo; joint posscssionoijoin.i familyproperty joint or of property owlial, jointly iil cornman, by a plaintiff

possessioi1* who has b:en excluJcd from poss::.~ ig n, fge sl~all be corn-

puted on r he rnarkzt vaiue oS r h;: plrtintifi"~ share.

4dministration 39. (1) In a suit for the ad miilistr::lion of an estate, fee suits shall be levied 01; r h . ~ plaint a i : il : rates specified in sec- tion 50.

(2) Where ally amount or share or part oft he aasets of the estate is found due to thc plaintiE, and the fee com- puted on the amount or the nur fee: value of such share or part of the asset:; exceeds the fce paid on the plaint, no

payment shall be madc and no decicc directing payment of money or confirming title to such sharc or part of the assets shall be passccl, until tjlc difft;rcncc bctwecn the fee

actually paid 2 116 ihc fee compuicti o i~ the a mount or value of the property is paid.

(3) No payv-~cilt shall bc made, no decree directing

payment of money or confirming iitlc to any share or part

ofthe assets ofthe &ate shall b.= paszd in favour of a defendant in a sui, i;r adrninistr.?!ic.n, ulllil the fee corn- puted on the amount or value of such share or part of surb

$. assests is paid by s:ich defendan!.

(4) In computing the fee payable by n plaintiff or by a defendant under , , u ,-sect ion (2) OF su b-section (3), credit shall be given for the fee if an.. oaid hy such plaintin' or bj sircik dolendant in a'Ij;r ill& proceedi

respect of the claim on the basis iff which such am or share or part of he assets ~f tl-rc= es ate hecomes due to s u ~ h plaintiff or to silch $ci't\ile ;ant.

25

. -..--

1955': T.N. Act XIV I ' c~urt - fers and Sdts

\ Valuation.

40. "(1) In a suit for cancellation of a decree for suits for -^* money o* other prciporty having a money, value, or other cancellation

document which purports or operates t J create, declare, ,t,

assign, limit or extinguish; whethej ig present or in future any right, title or interest in money, movableor immovable properly, fec shall be computed o n the value of the. subject-maftcr of the suit, and such value shall be deemed to be-

if the whole decree or other document ;s so to be cancelled, the a m w t or value of the property which thedecree was passed or other document

executed ; if a part of the decree or other document is , . - sough: to be cancelled, such part of the amount or value of the property.

(2) If the decree or other document is such that

liability under it cannot be - split up itnd the relief claimed relates onlj to a particular item? f property belonging to the plaintiff or to the plaintiff's share in 8ny

such property, fee shall be computed, on the value of such . property or share or on the am3iint of the decree, whichever is less.

gxplanation.--A suit to sat aside an award shall 60 , , deemed to be a suit to sot aside a decree within the m m -

ing of this section.

41. (1) In a suit to set aside nn attac%ment by a Civil Suiis to or Revenue Court of any property, movave or immovable, Set aside attachment, or of any interest therein or of any interest in revenuqor to ,t, set aside an order passed on an applicatim m;de to set aside

attachcment, fee shall be computed on the amount for

which the property was attached or on one-fourth of the

market value of the property attached, whichever is less. s

(2) In a suit to set aside any other summary dedsion!^. or order of a Civil or Revenue Court, if the subject-matter of the suit has a market value, fee shall be computed on

one-fourth of such value, and in other cases, fee shall be

payable at'the rates specified in section 50.

26

500 Cozrrt--f~j~*,yaidSui!r i!4)55: T.N.ActXN

Vdbnrns'ion.

( 3 ) Whorc, i il ;t suit Salli ng untlcr sub-scction (1) or

sub-section (2), d~ t~nc ian t claim; parti:ion'altd separate possession of hi: sl,a~ o of t h~ pi ope1 t y, lit shall be payable

on his wiittcn s t c i ~ m z i ~ ~ cdi,inpui~~I on halt', la in;rrk~t value of his share or iti !laif ~ n t j rates spc~iiicti ll sub -section (Z), according as s u c l ~ ti efcndant has bccii c~iclutied f romposses-

sion or is in joilit possession.

(4) Whcrc, ill a suit i'alling uimtr at1 b-scclion (1) or sub-s?ction (2) , i h:: plaintiff or ihu (icfkndant sceks cancel- lation of decree or othw docuii~cl~t u i ' ~ he nature specified in section 40, separate l ie shall b; paynblc on the relief of

cancellation in t hc manner sp~cilica iin ihn! scctjou.

quits for 38. 111 a suit for joint posscssionafjoi~lf family property

joint or of property owned, joinlly or it1 coixmoo, by a plaintiff

who has k e n excludcd from possession, fee sl~all be corn- puted on the markct value oi' t hz plaintiff's share.

Cdmini~tration 39. (1) I n a suit for the administi.ation of anestate, fee suits. shall be levied on the plaiut ai ~ h : rates specified in see*

tion 50.

(2) Where any amount or si~arc or part of the argets ofthe cstittcis found duoto r h ~ plairltiff, and the fee corn- puled '311 t hc nludu ;lf or the mri;~~:.; r,rilt,x t,? iz~h shre or part of rhc axsc;~ ;~;~:ji :he ic'i: 22:; GT: pldnt,

1 . , 2 , + j ~ ~ ~ : i ~ d . - * ~ W I I C ? ~ ,>r C~\;:~:~;:::S :;ti? ZJ jzcc par1 of Ehe &Sets sh.lli b-2 p p l i S C ~ . ;;ar!i i i l e Liiy;icnc+2 b2twecn the fee

actually paid and tlic f ~ e compute'i i~ ;he amoullt or value of the property is pdaid.

(3) No Paynlcfit shall bc inn Je, no decree directing

Payment of money or confirming title to auy share or part of the asset 5 of the estate shall b,: pas:.: :- i fivour of a

defendant i na suit for adminis~raiion., ~~iilil hc fee cornm puted on thea~ l louc io rv~r l~cof ~ri t : !~~1::~: . Orpart ofsue&

assests is paid by such doTcfidanr.

(4) la comput in: the fee 17n.vt-i l.~!t: by a plaintiff or by

a defendant um!er \I: p - - s ~ c t iu,: i-1 or so i,r-section (3), credit shall bc givm tbr the fee i: atI\/ paid by such plaintiff or b! sⁱcl. defendant i^{il n :j} rhk; proceeding in respect of the blai m on the basis . ,I' ,vhich f cich amount

or share or part of t v.c zsseis c.f the cs ;lte ect,mcs due to s u ~ h plaint I@ or lu s ~ ~ c h dei'en~fal~t.

27

" ' . - - " 2 -. - - - -

1 -

1955 : T.N. Act XIV] Court-fees and Suifi Valun+ion 503

I

(e) for establishingor disproving~right ~f occl~pancyl fee'sh~~b~l~?~iedoatheamountofrentforthei~~~v~b~~ .

property to which the suit relales,1paya.ble fa the year

next b&re the d ~ t e of presenfing the plaint. '

I )

4

- (2) In 8 wit for - ~ C O V ~ I Y of immcviible yropert JI from a

tenaniinclu~inga !enant holc'ingowr rifler :he lwmim- ^-

tion of a tenancy, fee shall be cwputed on! he w m '

if any, and on the rent papble for the ycar next b$re%; d a!e of pesenl ing i l ~ e plain? .

I

Ex~fcutatfon.--Rent inchdes also damages for use and

occup~:iion payable by i! lenznt holding over. .

(3) In an app:al from a suit to oontest a distraint

under sectio.~ 95, sub-secticin ( I ) or sub-sec ion (2), of

th: '[Tamil N ~ d u ] Estdtes Land Act, 1908 ('[Tamil Madu] Act I of 1908), 0: to contest the right of sale under sect i9n 1 12 ?f that Act, fee shall be ch arpG on the .

amgunt of the zrrears for which the disttaint has been

made or the sale is propxe.' +r he held.

44. (1) In a suit for inesne profits or for immove.ble Suits for property and mesne profits, fee shall in respect cf mespe meSne -

profits be c~ mputd d, where t he a mon nl is star ed appl oxi-.profits* m.ltely and sued f'or,onsuchamount. Iftheprofitsas&im

tained to be Cue to the pkin: ifl are in excess of t he profits

as approximately esl ime.1 ed 2nd sued for, no decree shall be passed ntil the cl iff:rence bet ween t he fee actually paid ,

and the fee that would have been payable had tbe suit

comprised the whole of the a profil s so ascerteined is piiid.

'.

I I

e a decree directs an enquir y ap to the mesne ave accrued on the pr~pert y; whet her pt ior

ins' itut ion of the suit, no final decree .

e di flei ence 'bet ween he fee whally

which would have been payable hzcl the

e whole of the profil s accrued due till the date of such decree is paid

. C

3- w- -

substituted for the word "Madras" hy -

talion of Laws.Qrder, 1969, as amended ,

Adaptation of Laws (Second Amendment)

\

28

504 Court-fet:~ art! iT1~ i t~ VoZnbration I I 955 : T. N. Act XIV

(3) Where, fur a period subsequent to the date oft he deeree or find dcc: ee, such decree or fim2 deoree directs payment uf mesns profii s at a specified rate, such decree or final decree shdl not be executed untilihe fee computd on the amount claimed in execul ion has been paid. Suits for the lr44-A. In iespect of the transferred territory, in a interest of suit for the in:(.rest c;f i n assignee of k!nd 1 evenue, fee s l ~ l l assignee of be computed F t ten : imes his gross profits as such for the land revenue* year next befix e ! 11e d ate of presenting t he plaint .]

Suits under the 45, In 8 suit under secticn 14 of the 2[T9.mil Nedu] 'STami1 Nadu] Survey and Boundalies Act, 1923(2[T~.mil Naiu] Act VIII Survey and Boundaries of 1923), fee shallbc: computed cn one-hdf cf the mrket Act, 1923. value of the propcrt y affect cd by I he clef cl minn! icn of the

bsund ary or on rupees three hundred, whicheve i s higher. Suitstoalter 46.1nasuittoa1,erorcancelnnyentryinaregisterof Or ~ a " , ' ~ ~ ~ ~ ~ - the names of proprietors of revnt-I ep~.ying escnfe, the fee payble shall be fif'teen t- iipees.

Suits relating 47. In a suit for relief under section 14 cf t he Religious to public Endowmenf s Acr ,1863 (Cenlral Act W(: (1' 1863),or under matierso section 91 cGr scccion92of the Ccde of Ci\filPioccoure, 1908 (Central Act Vof 1908), t he fee p:!ya ble sh:!ll be fift yl.up= s.

I

Int erpleader 48. (1) In an in'erpkader stlit, fee shit?.ll be payble on quiis.the plaint at the rates spcified in ~ g c i ion 50.

(2) Where isst;ts :.re framed ns k t wcen the c12.imnts, fee shall be paya'dc computed on the Rnlounl of the debt

or i he money or i !~ i . rnzrht vclce cf other property,

mov2,ble cjr irnmovl; blc,which fcr rns t he su bjec! -matter of the sr:it. In levying such fee, clec'it shi:ll be given for the

fee paid o n ! he p?.i ; :.mi 1 he b2.k.rice c f I h fee shall be

pnid in equal sh?res by t he c1airn;:nts who cliam 1 he debt or the sum of money the property adversely to each ather.

,----- -.- -----1- - I ~ f i ~ i s scctiot~ was ;~~se r t cd by seerton 4 ( I ) of, and the Second Schedule to, t hc 'I'iirnil X:lllu (Transferred Tcrrit oly) Extcnsjon of Laws Act, 1965 (Trmil Nadu Act 22 of 1965).

2These wortlcb wcrs rtlbstituted fol. the word 'LMadras'$ by the Tamil Nadu Ac!;ii)t?tion of Laws Order, 1959, as amended

by the Tamil Nadu Aci;ipiation of Lrw' (Secclld Amenbent) Order, 1969.

29

if a claim is mr.de agaiiist him :

Provided 1 ha?, if the suit ageinst the defendant who has

filed the third party notice is dismissed, wholly or in part, he sha.11 be entitled to a refund of the whole or a propor- i o ~ e part cf the fee paid by him.

Explnzation.--The provisions of this seci icn shill1 also apply to counter-claims made in t hird party prc ceedings.

50. In suits not otherwise provided for, fee shs.11 be Suits not

- payable at the followingrates :- otherwise

(i) In a Revenue Court . . Rupees fifteen.

(iii) Inthe CityCivilCourt, Rupees thirty if the Madrzs, or a Sub-court, vclue of the subject-

or ia, Disfrict Court. matter is Rs. 5,000 - or less ; rupees one

hundred if the value is above

Rs. 5 000 but Selow Rs. 10,000 ; - and rupees two hundred if the value is Rs. 10,000 and above.

(iv)IntheITighCourt . Rupees three hun-

dred,^I

51. The fee payable under this Act ona memorcndumFeeon of 8.pper.l a gzinst en order relr.ting to compensct ion under memoran- dum of p,ny Act for thc rime being in force for r he ecquisition of ,ppa,

property for public purposes shp.11 be cc,mpuled on the against 'ifference ketwcen the amcunt o.w.rd.ed and I he amount arder . claimed by the ~ppella nl. cornpen-

s~tion.

52. The fte p8.yp.ble in cm appeal shall be the s i t r n e A p ~ ~ ~ * ^. asthefeetlP.t lvc?~lci b pmhle in f he Cou~ t cf first instance on the su hject -m~,tler of 1 he appeal ;

Provided ih~.t , in levying fee on a rnemorandum of

p.*Pee,l against a find decree by r. person whose 8,ppeal the padiminary 'deorro passed by the Court of ~

30

506 Cou~*t-ft*..s ~ i ~ d Suits Valnntiotl [ 1955 : T.N. Act XIV first instance or bythe Court of appeal is pcnding, credit shall bt given for the fee paid by such person in the appeal ag dnst the preliminary deci ee. Explanation (I).-Whether the s p p d is ag~inst the

refusal of n relief c:r ;:gainst f hc grcn? cf 1 flc relicf, 1 he fee p.yablz in ihf: appcal sh::ll be the s:tmc 11s the f'ee t h t would be payiibl.: on t he relief in t he Court of first ins1 wnce. Explanation (2),--Cost s shqll not bc cieemed to form p2.1-t of i.h? su bject-.maiter of t he appc::l cxct-pi whcr e such costs form thcmsclves t lie subject-mi:( t cr of' r lit. nppea 1 cr relief is claimed i s ! og?rds ccsr s on gr-otr nr!s c!c!c'if icmltc!, or indeperit!en~ of', the relief d::imed 1 sgiirciing the m~.in

subj9ct-m.11er in ihc suit. Exphncttiun (5). ----Jn cl tims which i < ~ c l ~ ! d e t 1% zwL\rcl,

of int1;rcst strbxqrlcnt 1 0 I 11e jnsijf ic11-1 c 1' I he stkit the

interest ;~.ccr~icd t:ur ing the pcnc'.enc,y of I he svil till r he date of decree shill be deeml:d ic : k part of the subject- matter of the n p ~ a l excp: , . ;&, :& suck ir&crest is relin-

quished. Explanation (4) .--Where t he relief pr 0, yed for in i he

appeal i s dl&reni from the relief prayed for or refused in the Cmrt of first instance, t he i'ce pay&blr: in the appeal shall bz the fe : t hrrt wsuld be pay~ble in r hc Cnu~ t of

first instance on 1; ; ; r-lief prayed for in the appeal. Explanation (51.--Where the rn?r$:t vnlue of the subjxt-mtter of the npper.1 ~ T . S i i3 bc ;;swrtcincd fm the parpose of cornpvt ing or deter mining r he fec pa yirblrt, such m.rrla*:t v2.111.e shall hc ::~ccrtc.ined :IS on! la dz!e of presen-

tation of t hc p1,lint. suits not 53. (1) In suit a s 10 whose vi+,lue for + he parpog cf ~tbqwisodetermiqing th j ~ r istiic ion of cccl-1 s, specific provisicn is provldsd not otherwise msck in this Act or in r.ny rfl~cr law, va1~:e for. for t b t nurwse a l l w t a c fcr !he purpqse of computing t hp: fee pay;:trle u n d ~ : ~ t. his Act sl~:+.lr be 1 he sLailie.

(2) In a . ~::::s ,'ce is p:.jablc , n:::,: ; hjs Aci

a fixed ii-iie, [hi: \.due ibr the FlirFc1.e r s F c'nei mining

the jarlsdictioncf c,.~: 1.: shall be tht3 nzrkr! \::l~.e i r where

31

I - . ,

1955 : T.N. Act XIV] Court-fL.es and Suits Valuation 507 ' , it is not possible to esiimate it at a mmey v a l ~ e such .

amount as the plaintiff shall state in the pl.-.inl.

I

54. (I) ~ o t wi lhstand.ihg any& hing cotlf.sined in section Pr?dure ^c

99 cf the Cr le of Civil Procedme, 1908 (Central Act V of c bject ion , 1908), an objection th9.t by reason of the ovqr-vc:lcstion .^C

or under v a l l ~ ~ ~ i o n of a suit or appeal, a Ccuri cf 6:s: on appeal

instance or lower appell?.te Ccurt which had not iurisd iction or revision ., with respect i o the snit or ~ppcal excrcisec! j~~risd~ction that a ' .

or appeal withrespect thereto shall not be en4eri~.incd by~.nappellatc was

Ootlrt , unless - properly - 4 . valued for ,: : z d (a) r he obj:ciion wc.s t a b n in the Coutt. cf

* ',: c-: instance at or b:fcre tip: hearing i?t which issues were first tional - , 2.s

,' ,c- *$ framed and lecordecj, or in the lower appell~~le Court in purposas. ; ,g& the memorandum of appeal to that Court, or - t + . . - . - . :.&$ ' . : 'g&

. . P i

(b) 4 he appehte Court is saf isficc?, for reasonst 0 be - - ' - "<.% .' C. +h recorded by it in wr il ing, 1 hat the suil or cppe l w8s over- . -I.$& yz %A - ; z Z' valued, or un6er-wlued and l hat i hc over-vcl1w.t io n c r - - -^A. " - % under-valaat ion hereof has prejudicially sflecied t be , 6 : &.?a. ^a.>'q$

1 - Y ** disposal of the suit of appeal on its merits. -

(2) If the objection ws t a k n in lhe maliner men- tioned in clause (a) of sub-qciion (I), but the P.ppefla~e - & Court is not s: isfied 8s ? o both the matters men1jcned - in clguse (b) of that su b-seciion and h2.s befale it ihe mnter ials news-.r y for t he deter min~t ion of the at her

grounc1,s of sppea 1 to ii self, it shell &ispose of r. he appeal a.8 if t,li2re had bcen no defect of juiis(,ic~ic n inthe Court

of first instance or lower appellate Couit.

(3) If t he o bjcciion was 1 akcn in that manner and the appellate Court is satisfied as to both t hose matters end has not those materials bsfore it, it shall proceed lo deal with

the appep.1 un:'.er the rules applicable to the Court with

respect to the hearing of appeals ; but i f it remirnds thr suit or appea!, or frames and refer s ~SSL:CS fcr ~ , r i~ . l , QT

requires ad,.iitionr.l evidence to be takm, it slcal' direct il s '

orderto i Co~lrt compeient toenterfeinthe sril or apprel.

-

(4) The provisions r f t his seci ic n wi. h I c spt cr I c ..n appellzte Court shall, so fgr ss they an be rn2.c'~ aP;?.iw,blc, apply to a Court exdcising revisicnel jurisc'ici ic n r nit r

seclicm 115 of the Code of Civil Proccc'zrc, 1908 (Cc:nt:nrr;,] Act V of 1908), or other enactment fcr t hc t imc bfipg jr .

for cc

32

Applico- 55. (1) Evcry :;ppi ca%n f^{t r il~~}grr.ili c.f probxte cr tion for ktters of rlc\rninr\ ; f:: ion shall oc L(CCL ? -p::11;& by ;; v?.:u?.- probate Or ion of the cst::te i n iuplic?,t,?te in i he form scat forth in Pzrt I lettors oi adm,oin- ~f S ~ h e d ~ !C 11 ' .

trat ion.

(2) On rccclpr of such application, the Court shall send a copy thereof: i u~d of the ~[val oafion tq the Collector] of the district in which the estate is situated, or if the estdte is situated in Inore tharl one district, to the Collector of the district in which the most valuable portion of the immovable property included in il?e estate is situated.

~ e v y of frc. 56. (1) The fez chargeable for thz gl-ant of probate

ar letters of administration shall co~nprisc - a feo at the rate or rates' prescl-ihel i^l:Article 6 of Schedule I, cornpi1 ted-

(a) where the applicatioil is mndc within one year of the date of death of the deccasetk, on the lratlrket value of the estate on such t33t2 ; or

( 1 ) 1 1 - t P i 1 2 2 the expiry irt' ~ j i ~ : !.*.ti- CL-~>!II \:i;i~ J~ti=, 0 ~ 1 tiic 3i:i~lz~i ~,aIue o f the estate ' 'he &ire ilf E!71r: applicrzrisn :

Provided that property held in trust not beneficially

or with general p~~we!. to confer a beneficial interest shall

not be liable to any fat under this ci~apter.

Enp?unution.---Any member of a joint Hindu fami!y

governed by the Mivlifaltshara Law who applies for probate or letters of administration in respec! ,if the estate of a deceased member of the joint family shall pay a fee on

the value of the share in the joint property which the deceased would hnvc received if :i partition of t!~e property had been made i~omediately hcC hit: d?:ath.

1 These words weie i~~h i t i t u t ed for the wonls a valuation cf the C ~ l l e c t o ~ ~ " by sectitr I 3 (I!', and the Senjnd Srl,el?ti?c +,:, trle Tamjf Nadu Repealing and Amending Act. 1 $55 (Tn n;! Nndri Act =I, of 1955).

33

w --I-.- - -- - .. _. L * , - - -- --------- :as' - . - - -_a_ --. -- , - -+- k - *- - - - A- . --* r, 1955: T .N. Act Xlb] Court fees and Suits Valuation 505 . 4-

(af tk iaiue ofriie it- rnenGor;ed in h e x w R to ~ a r t k of Schedule I11 shall be deducted - the value of the estate :

Provided that, whed an appljcation is made for probate or letters of administration in respect of part only of an estate, no debt, no expenses connected with any funeral rites or ceremonies and no mortgage encumbrance

on any part of the estate other than that in respect of which the application is made shail be deducted :

Provided further that when, after the grant of a

~srtificate under Part X of the Indian Succession Act, 1925 (Central Act XXXIX of 1925), or under Bombay Regula- tion VIII of 1827 in respect of any property included in an estate, a grant of probate or letters of administration

is nrade in respect of the same estate, the fee payable in

respect of the latter grant shall be reduced by the amount of the fee paid in respect of the former grant ;

(b) the power of appointment which the deceased

had over a property or which was created under a will shall

be; taken into account, the value being taken to be the valde of the property forming the subject-matte] of the power.

57. The grant of probate or letters of administration erant of

shall not be delayed by reason of the reference to the pr,robtcte. , . Colfector under section 55, sub-section (2), or of a motion^., by the Collector under section 59, sub-section (5) ; but the Court shall make no grant of probate or letters of administration 'until it is satisfied that a fee not less than that prescribed by this Act has been paid on the basis of the net value of the estate as furnished in alevaluation accompanying the application, or in the amended valuation

filed under section 59, sub-section (3) :

provided that the Court may grant probate or letters of addnistration notwithstanding that the prescribed fee has n o t been paid, to the Administrator-General in oapacity on his giving an undertaking to the s

f . ,. . the Court that the said fee will be paid within + L, may be fixed by the Court.

jk;" '

:s

- 58. whenever k grant i f *&bate or letter ' . has been made in respect of th

Q: ' property belon$ng to an estate and. the full fee

und$ this Act in rsspeot of the applicaiio~~ i

34

has b2en paid t!li:reon, no fee sli:rli kc. p:&ynble when a like

grant is made in, rospect of the whole or ally part of tho same propcrty b.,bnging to the same sst~i-c.

(2) Wi~eucvsr such grant has been made in respect of

any propcrty forn~irrg part of a11 estate, the amount of fee actually paid under sbis Act in respect thereof shali be deducted when a like grant i s made in respect of the pro- perty bel. nging t i3e same estate ii:cnli~ol with or incl~dilx the property t o w h i ~ l t hi: f ~ t ~ l l c i . grant relates. Inquiry 59. ( I ) Thc Coi luctor t ~ r viho111 3 copy t l i ' the ;ipp!ic:1- by the ( i n and of the valuation ha5 bcull wilt ul~.!cr scctioll 55, Collector,

sub-scction (2), shall exti~n~tlc the same arid nay lwke or cause to bc ~natfr: by any officcr subordiliatc to him such inquiry if any, as ho thinks fit as to the correctness of the valuation or, whcre r, part only of thc propcrty is situated in his district, of thv valuation of that p:!rt. imd may require

the Collector ol' any other districl in wllich :my part of the property : ; siiuatod to furnish hiill with t k correct

\rccluation thereof.

(2) Any C!oliector required under sub-section (1) to furnish the correct valuation of atly property shall comply with the reqtlisitior~, :~fter inaking o r causing to be made by any officcr subordil~ato to him strch inqtriry, if ally, as he thinks fit.

(3) If the Coilcctor is of opinioi~ that the applicant I

has under-estimated tho value of the property of the decea-

I

sd he may, if he thinks fit, requirc the attendance of the apdlicant, either ilr person or by his agent, and take evi- l ?

denca and inquire into the mattcr in such maqner as he¹

may think fit, and if he i s still of opinion that the value

I

of the property has been under estimated, may require ⁱ the applicant to amend the valuation, and, if the applica. a % , tion for probate or letters of administration is pending

l

a, in Court, to file a copy of the amended valuation in such ^j Court. $ 4

i

(4) If, in a t ~ j such case, the probate or letters of 1 7 I administration has or have been granted and the applicant 4 amends the valuation to the satisfaction of tho Collectop a

and the Collector finds that a less feo has bcen paid than was payable according to the true value of tho estate, he

35

into the true value of the property :

. ., Provided that no such motion shall be made after the ' - kxpitation of six months from the date of the exhibition df

. , the inventory required by section 317 of the Indian

~u&ession Act, 1925 (Central Act XXXIX of 1925). r 60. (1) The Court shall, when moved. by the Collectrl Applid-

under section 59, sub-section (5), hold or cause to be held tjon to by any Court or officer subordinate to it an inquiry as to Cowt and -1. . the true value at which the estite of the deceased should POWOTs have been estimated. The Collector shall be deemed to of Court. b+ a party co the inquiry.

(2) For the purposes of any such inquiry, the Court,

or tho Subordinate Court or the officer authorized by the

Court to hold the inquiry, may examine the apnlicant on oath either in person or by commission, ard may take such

further evidence as may be produced to prove the true value of the estate, and where the inquiry has been entrusted to a Subordigate Court or officm, such Court or officer shall return to the Court the evidence taken and report the

result of the inquiry and srrch report and the evidence so

tak6n shall be evidence in the proceedings.

(3) Tho Court on the cQm letion . I f the inquiry or on receipt of the report refimxf'to in sub-section (21, as the case may be, shall record a finding as to the true value at which tho cstirte :.hc uld have been est ima; ed find such finding shall be final.

(4) The Ccurt may make such crder j n accordance with the pro~i sions of the Cocle of Ci vl i Plocedure, 1908 (Central Act V of .1908), as to the cost of the i nqui ry as it thinks fit.

36

- A - ,,... , J - . U W^{ILW IJCL~~LZ L ~}7 J 3 . I .LA A C E X L V P~l f ra tion.

Provision 61. (1) Where ioo low a fec has been paid on any for cases probate or letters of admini strelion in ccnsrquence of any

where mi stake or of i t s not bei r.g ktlow1-1 ni : ::i. i me i hut some low a fee has been particular part ljf 1 he estate belonged t o ille deceased, if

paid. any executor or administrator, aaillg und.er such prcbale

or letters, appli cs to the Collector in thc form sct forth in Part TI of Schedule 111 and pays w,t hi17 SIX m ~ n f hs after

i he discovery of the mistake or c?f any e f i c t s not known at the time to hnve belonged to the deceaseci, what j s wan-

ting to inake up the fee which ougl.11 i o have been paid at firsi on such probate or leLt ers, i lle Collect or shall, if sati s- fizd t ~ % ' ~ L& low fee was paid in ihe first i i~s~ance in conse- yuencc of a mistake and witllout :tnIy interriion of fraud or to delay he payme~lt oft he proper k c , causc L hc probate

or letters to be daly stamped.

(2) If, ill o casc falling undcr sub-seciion (I), rhe

executor or admi tri st rat or does 1101 , within the sj x months

referred to in i Ilnt sut>-scct ion, pity i ! ~ i!cfic;~ fee, he shall forfeit a sum equal io five times t hc deficit fee. ,

i

t

(3) If, on application being mad c under sub-section (I), the Collector is not satisfied that the application was

made withi n si x months of the di scoverjr of the mistake or of further effects not i ncluded i n i he ori gi nal valuation or

that 1 he payment of a low fee i n the first i nstancc was not

due to a bona fide mi st ake, he shall cause 1 he probate cr

letters to be duly stamped on payment of the deficit fee together with a penah y not exceed! ng five ti mes such fee.

e

(4) If, after (he grant of probat c or letters of admiqis- t ration of an estate, it r s found by the Colle-I or as a result of proceedings und er section 59 or sec:i on 60 or ot herwi se,

that a less fee has heen paid than was payable accord i ng to the true value o f t he estate, he shall cause the probate or

letters to be properly st mped on payment oft he dezccit fee, and if he is satisfied that the original uildervaluatjon

was not bonafide, he shall levy i n addjtj on a penalt y not exceeding five times the deficit fee.

(5 ) The Board of Revenue may remit the whole or any part oft he amount forfeited under sub-seaion (2) or

of any penalty u n d x rub-secti cn (3) or su b-aecii on (4).

37

-

2955 : T.N. Act Court$ees md Suirs F*&atien

513

62. In case of letters of administration c,n which too Adminis- !ow a fee has been paid at first, t he Collect or shall not cause tratm to ' the same to be duly stamped in the manner aforesaid untj 1 give proper

the administrator has gi vea such security ; o I he Court by security .

before which the letters of admini strati on h%ve bee n grrnted as ought by law to have beeu given on the granting thereof i n stamped.

case the full value c!' t he ps ta tfi of the clecea~ ed had been then abrtained.

63. (1) If, at any ti me aft,er the grant oft he probate or Relief when

letters of adrninistraf i on of an estate, it i s d:i scovered that too high a,

a higher fee has been paid than was payable according t o fee has

the true ~ a l t e oft he est at e, the executor or administrator, been-paid. as the case may be, may apply for a refcnc! t o i he Collect or t o whom a copy of the valuation of the estate was sent under section 55, sub-section (2). The application shall

a

be accompanied by an amended valuation i~ the form

. set fcrthj n Part 11 of Schedule Illtogether witht he probate^'

'5 or Iett er s of administrati on upon which a refund i s sought.. '

1

I ' * . - (2) If the Collect or i s satisfied that the amended s

valuation is correct, he shall-

(i) endorse a certificate on the st asnped probate or^, letters of administrationto theeffect that so much of the & fee represented by the stamp or stamps used has been ' , .. refudded ; and ^t .+

r . (ii) refund the difference bet ween the fee originally^,

paid and that which should have been paid :^{- -} Provided that, no refund shall be grantcd under this : .- secii on unlesg the appli cat i on for refund j s, mad e wiI hin

. three years oft he date oft he grant oft he pr obat e or letters - of .administration, or within such further period as the c~ilect6r may allow.

a If, by reason of any legal proceedings, the debts due from the deceased hive not been ascertained and paid, or - hi.$ effects have not been recovered and made available and

in consequence thereof, r he executor or admi n; st rat or i s

prevented from cla ng .:he re$ urn of such ci ifference w:l hi n the sa d per; od of three years, the Collect or nay allow such further t;me for mak; ng the claj m as may appear t o -

him to be reasonable under the cir~umst ances.

If the Collect or doesnot giant a I efund , t hc exccut or or

admi n; strat or, as t he case may be, may ~ p p l y i o t. he Board of Revenue for an order of refund. An application for

38

such refui~d should bc accomp;t 11; ct ! Iqf .' 1, nrllencled valua- tion in the form set forth i n P:+:lisl '. : i$i it~hcdule a][][,

64. Any cscq:s?: ft : found to bc payable by an applicant Recovery

of penal- for prob~te 0:. Icttero of adrrj;ij;:;,i iarion or by an executor ties, etc. or admi n; stralw, or ar y costs u~tdel- set:; on 60, sub-sedon (4), or any pen:ilt y or forfeiture pdyirble by any such execu- tor or admir1;strator may, on the ctrt ificztte efthe Board of

Revenue, be recovered from the excctat or or adm; n; strat or as if it were an ssrear of taad i.cber;b c .

poyqers of 6 5 The powers and d u t k of "Le Colfector under this Board of Chapter shall be subject to the coat ro: o i the Board of R6~gu** Revenue.

fisfund.in 66, (1) \ilhcre a plaint or n~emorandum of appeal ;s of rejected on t 11e ground of delay i n :t s re-presentat;on, delay in ~ ~ ~ s a n t a - where the fee p i d on a plai nt or memozandum of tippeal tion of; s deficient and the deficiency is 1101 made good withinthe

plaint, ti me allowed by law or granted by i he Court, or the delay

in paciment oft fie deficit fee i s not condoned and the plaint

or x&morand urn of appeal is consequently rejected, tL

Court shall djrect the refund to the plainti ff or .the

appellant, ofth2 feepaid on thcpkijnt or rncmojandum

of appeal which has been rejected.

(2) Where a memorahdum of appeal is rejected on the ground 1 hat i t was not presented within the time anawed by the lua of limitat Era, onc-half of the fee shall be refunded.

t

~ & ~ d in 67. (1) w^her~2 ]:la; nt or mcmora i lc! urn of appeal which

casesofhas been rejected by the lower Court i s ordered to be

remand* received, oi he: L i t suit is rentaui!ecl i. 1 appeal for a fresh

decision by t lie 1: )~ : r Court, i hz Cvuri making the order or remanding the a~peal may direct thc refund to the appellant oft he b n : li . 9 u ~ * nf(- rcl ici 0- t memorandum of appeal ; a d . ii ' the rem::n( i c y 011 second appeal, a h on the men1or:mti ul11 of apmal i r k the first appellate a u ~ ,

and, if the ren is in Letters Paten? Appeal, also on the

memorandum of ~tmm! ci,;p. :; i silo' ngemorandum of

appeal in the firs; appelliite Court.

39

-

:r: -

1 - # . A ---- -- i" , a 1955 : T.N. ~ c t XIV j cari7t-fees mrd ~ u f t ~ i *

51s Valuation

(2) Where an appeal is remaad ed in ~econd Appeal or Letters Patent Appeal for a fresh decision by the lower appellate Court , the High Court remanding the appeal may direct the refund to the appellant ~f t he full amount of fee . paid on the memorandum of Second Appea! if I he remand is in bcond Appeal, and of the full cntount cf fee paid on the memorandum of Second Appeal and ,he Memorandum^. of Letf ers Patent Appeal if the remand is in Letters Patent Appeal :

P~ovlded that, no refund shall be ordered if the, remand

was caused by the fault of the party who would o t ~ ~ d s e be entitled to a refund :

Provided further that, if the order of remand does not covet the whole of the subject-matter of the suit, the refund shall not extend to more than so much fee as would have been o~iginally payable on that part of the subject-matter in respect whereof the 'suit has been remanded.

68. Where an application for a review of judgement is ~ ~ f ~ n d

admitted on the ground of some mistake or error apparent where -

on the face of the record, and on the rehearing the. Court C ~ w f reverses or , peverses or modifies its former decision on that ground, it modifies

shall direct the refund to the applicant of so much of the farmer -fee pdd on the 'application as exceeds the fee payable on decision on any othea application to such Court under Article 1 1 (g) g round of and (u) of Schedule 11. mistaks.

69. Whenever any suit is dismissed as settled out of Refund on

Court before any evidencc has been recorded on the merits settlement of the claim, half the amount of all fees paic in respect of before the claim or claims in the suit shall be ordered by the Court hearing.

to be refunded tc the parties bv whom the same have been'^{. .}

. respectively paid.

Explanation.-The expression ' merits of the claim ' '

shall have the meanrny assigned to it in swtion 12.

70. The fee paid by mistake or inadvertance shall be ~ ~ f d ~ f ordered to be refunded. fee paid by mistake or tance.

%, '

f;

71. Whe~e the final decree iu s partition suit has been hstm 'angrossed on non-judicial stamps furnished by the partie% mqs.of the Court shall order the refund to the parties of so much part it~on. . 5. - i of the valued fee paid by them as is equal to the value of $he -

P ' ~o~-judi&al stamps furnished by them , , '

40

Exemption 72. Nothing contained in this Act shall rende~ the of certain following documents chargeable with any fee :-

document. (i) mukhtarnasa, vakalatnama or other written authority to insiituto or defend rr suit when executed by a member of any of the Armed For~cs of the Union not in civil employment ;

(ii) men.orandum of appearance filod by advocates or pleaders w.Jeu appearing for persons proceeded against in criminal cases ;

(iii) plaints and other d~cun>:~lts ill suits fled in village courts ;

(iv) plaints in suits before Colle$toxs under 'parnil Nadul Regulation XII of i 8 16 ;

(v) application or petition to a Collectoc or other Officer making a scitlemeat of Iand revenue, or to the Board of Revencc relating to matters connected with the assessment of land. or with the ascertainment of rights thereto or interest therein, if prcsonted previous to the final confirination af sucll sctkle~nent ;

(vi) applicaticn relating tci a. :u~.ply for irrigation of water belonging to Govebmen~ ;

(vii) application cultivation OF to. relinquish land, whan presented to im oE6;er of land revenue by a pen~nn I?olding, ttctier :t direct engagement with Government, h o d gf ~ 7 7 ~ : , - ' - - - r l . i t i l ~ i~ rettled but not permanent 1 y ;

I (viii) app, ice iio i; for scrkic:: o f notice o f relinquish- ment of land or of enhancemonl o f :c:*! ;

(ix) written authority tn :in :igm: ..s :!istrain s

(x) first application (otber tlr~u a pctiiion containing a &riminat charge o; information) for the summons of a witness or ollicr ::br:.iJo to allelid ~ ' i t k r to give ~vividenca

or to produce a dobunront or iu rc. ;,act of lllc production or f i l i ~g of an exhil-it i:ot beillg an :ilfidnvit made for tho immediate purpose uf k i n g producal in Court ; - - - - . _- ---- - - - - - r - --- .- - - - ---

1 These wvorda wcl-t i i i ? , t i i u t z ~ i for tliz word " I.l:td~.as" by tho Tamil Nadu Adap! ;ii ; . i i,j. Laws Oid :r, 196!1, 2, ..lilci~derl by the Tamil Nadu Allq~Li~t i i i ~ l o i LLL\VS ( BCO~I~! ,-tn~~i:dm~ilt) Order, 1969.

41

1955 : . T.N Ad XIVJ Court-fces and Szcits 5i7 i VaJuatio~z . I

(xi) bail bonds in criminal cases other than bail

s iqvillage courts, recoglGzances to prosecute or give nce and recognizances for personal appearance or , :?"^'r.

'u l ' P

9 ,- (xii) pdtion, application, char@. or information $, respecting any offence when presented, made or laid to or^{3 .d} 7 . before a police officer, or to or before the heads of villages ,. or the village police ; + $.

- (xiii) At ion , by a prisoner. or other perwn in ' . &'

dmss or under restraint of any Court or its olfficer ; 'lb r:

$2

. (xiv) complaint of a public servant as defined in 8- '

the Indian Penal Code (Central Act XLV of 1860) or an d officer of the State Railway* ; i . ,

Y 5'

(xv) application for per$lission to cut timber ' in Government forests or otherwise relating to such forests,

not being applications from forest contractors for extending the period of their leases ;

(xvi) appIication for the payment of money due by

the Government to the applicant, other than an application for refund of lapsed deposit made six months after the date on which the amount lapsed to the Government ; !$!# (xvii) petition of appeal against any municipal tax ; .I * , f:

(xviii) application for compensation under any law

for the time being in force relating to the acquisition of . property for public purposes ;

(xix) petition under section 48 of the Indian Christian Marriage Act, 1872 (Central Act XV of 1872) ; , nment servant (xx) pbtition or appeal by a Gove- or a inrant of the Court of Wards when presented to any superior officer or Goverllmcnt against ordo~s of dismissal, reduction or suspension ; copies of such orders filed with

such a p a l g , and applications for obtaining such copies.

73, The State Government may, by noti~ication in the Power to reduce or , *

Fort St. George Gazette?, reduce or remit, in the whole or in any part of the territory of this State, all or' any of the remit fees, fees chafgeable under this Act, and may, in like manner,

I

cancel or vary such notification.

I

* Now the Indian Railways.

t New the Tamil Nudu Government Gazette. . r i

42

51 8 . i I L 1 /, i3f :; ; '1'. N . A&

l,'~?l~ ation CHAPTER VIgi,

*

MISCBLLA~~OUS~ collect ion 74. All foes cl~argeablo under this Act shall be collected of fees by by stamps.

stamps*

stamps 75. The stamps used to denote any fee chargeable under to be this Act shall Po impressed or adhesive or partly i~npressed impressed and partly adhesive, as the State Governnlent may, by Or adhesive* notification in the Fort St. George Gazette*, from time to time, dircc t ,

Amended 76. Where any document which oii::ht to bear s stamp d ~ ~ U m e ~ ? e und r this Act is rrulended in order i11c1:dy to correct a mistake n~zd to nrttl.;. i t conform LO tllc original intention of

the parties, it sha2 ;lot be noccssary to i r i pose a Fresh stamp. Can~ella- -77. No document requiriug a st amp under this Act shall t l ~ n ~ f be iled or acted upon in any pr.occeding in any Cowt OP S'am*- office until th.: stamp has bean caucellxl.

Such officer as tho Court or the head of the ofice my, from tilnc to tirrle, appoint shall, on receiving any such

document forthwith effoct such cancellation by punching out the figdl-e head so as to leave the amount designated

on the stainp u ntoucl~ed, and tho p:l.rt rcmoved by punching shall bc brirnt 13r ocixorwise destro;rzd. .

Deductioa l[78. ( I ) Where allowance is made in this Act ~ O B

** be damaged or spoiled stamps, the Collector may, on the application of the person concerned :md on the produdon

. of the damagod or spoiled stamps ajtd aftel satisfying himself about the genuineness of such stamps, give in lieu thereof t ; !o suine amount or value in stamps

of the same or any .;&her di'scription, or if the applicaot w, desires, the same mount or the value in money :

Provided thar in all cases w h e ~ e money is paid in cash, a deduction slr;lil may be made of flvs paise for each lupee oi. fraction thereof so, however, that the amount of such deduction shall not excod one huixkred rupees.

-- --- ---. * No~ir the Tnrnil hkdr Goveritment Gazette.

1 Thi . t b r t iu.1 \il.i q5ribstitutcd by see ti or^ 2 of the Tamil

Nadu C ~ u r ,-fees a1.d Suits Valuation (Amendment) Act, 1971

(lc~mil Nadu Acr 31 o i 1971). Earlicr, f ix tlic words "one anna" occurring in : ! ,c original section 78, the words 'five naya Paise" wdr * ~ ~ . i : ) i t i t ~ t ~ : i f by czct ion 2 ofp and the Schedde to the Tamil NLit l ii Coinage (Alkertr: ion :>f F2r;ferenccs) Act, I960 (Tamil N,acl~i 9 c~Jf 1960;)*

43

1955: T. N. Act XIV~ Cotrrt -fees and Suits valuation 51 9

(2) Where fee &ady paid is directed to be refuoded lo any person by an order of Court, such refund shall be

~ v e n effect to in such manner and subject to such condi- ations as may be prescribed.]

. 79. Any person appdnted to sell stamps, who Penalty. disobeys any rule made under this A6t, and any person,

not so appointed, who sells or offers for sale any stamps, shall he punishable with imprisonment for a * term which may extend to six months, or with h e which may e ~ t ~ n d to five h u n d ~ d rupees, or with both.

$0. (I) The High court may make rule!+ tf, provide for Power of

or ieg~late all or any of the following matters, namely :-- High Court ta make rules.

(a) the fees pq-&!c 5: serving aud executing

~ o c s g s e s issued by the High Court in its appellate jur$- diction and by the Civil and Criminal Courts subordinate thereto ;.

(b) the remuneration of persons employed by the

couFt8 mentioned in clause (a) in the service orkexecutioa

of processes ; .

(c) the fixing by Distlict and sessions Judges and . - - District Magistrates of the number of piocess-servers, news-

sary to be employed for the service and execution of pro- cesses iseued from their respective courts and the Courts

subordinat.e thereto ;

(6) the display in each -court of rr table in the ^-1.

English and in the local language or languages, showing^,

the fees payable for the service and execution of prwssen ^{. .} . '- \: :

(2) All rules inade under sub-section (1) shall be sub-

'

. ...

ject to confirmation by the State Government a d on such

. confirmation shall be published in the Fort St. George . %.>. - :r

. Gazette* and shall thereupon have effect as if a c t e d in , \ . . . m s Act.

81. (1) The Board of ,Revenue may, with the pmvions Pa~er of - * - ,

sanction of the Statc Govmment, make rc les consistent Board of . *

Revenue to : . , with this Act to provide. for or regulate all or any of the roles. , a

foIlowing mat tars, namely:- . , + b

(a) the fees chargeabla f o ~ serving and executing ^, $*, .* pr&sses issued by the Board of Revenue and by the Rev& ^{i . .}

nue courts ; - t '.

(b) the romune~ation of the persons newsmy to - be employed for the service and execution of such proms-

ses, ; - ,

--.*. .Me #

*Now the Tramil Ncsdcs Government G ~ e t t e , m.

44

520 Cot4rt-$eekr am! Suits VaIuatio~r [I955 : T.N. Act Y N

(c) fixinp, by Collectors of the nurxber of persons

necessary to be employed for tho scrvics :~nd execution of

such precesses :

(d) the guidel~cc of Collectors irl the exercise of

their power s under Chapter VI ;

(e) :he snpy;y of stamps to be uscd unda this Act;

(f) r he niilnl7cr of stamps 10 bs i t a i i for danoting

any foo cl~argeal e u 11cier this ~1.c 6 ;

(g ) tho kecpiug t ~ f amounts oi' all rtalnps used unde~ this Aci ;

(h) tho ci~:cumstances in which s: amps may be held

to be da~nagocl 01 slmlled;

(i) tllc cir :ullrst;tlrces in which, tho mamor in which

and the'authoritios by which, alln\~~nnce for used, damaged OF sptlilcr! st ;I III~?:; i ; \ ,~, \~ I w inabe;

(i) ihc rctju\3tioi\ of t h siic of slamps to be used

undsr this Act, thc persons by whom alone such stamps may

be sold and the dutios and remunr?~*a-tion of such porsons:

Provided that, in the case of s r amps uscd in the High

Cowt such rules shall be made with tho coi?.currenm of the Chief Justice.

l[(l-A) A rule may be made under su's-taction (1) so as to have r@tsosj-~octivc. effect on and from a dab n ~ t

earlier than the 1 5th September 1965*].

(2) All rules made under this section shall be published in the Fort St. George G P Z ~ ~ E C ~ and on such

publicatic. . chall have effact as if enacted in this Act.

-- - "-- lThis snb-sect ion jn.ns i!~sert ediby sec; i o ; ~ 3 oft he Indian Sfamp

(Tamil Nddli Third Anic:~~inlenr) 811d Tiis: Thmil Nziiu Cnitrt-fees and Suits Valuation fArnei,,lrnent) Act, 1975 (T;ini!i Nadu Act 5 of 1976).

*The orders issued b; t ilc State Government i n G.Q. Ms. No. 873 Revenue Dep:utrnent,daied t he 17th March 1965 and in Govern- ment Mcmaran tiu 1x1 No.~I443OJVIi65-'7, Revcnue Departxnent ,"dated t i~c 9th Scptcmb:~. 1965; and the notification No. U.P. Press 25 (L), di~tcti t hc 10th September 1965, isst~ect by tfte Uoarci of

Itcvcnue (Cl~;cf'(: )~~l!-olli!tg Reve~aue Authority) and published at pages 201 3, 201 4 o f 1";ii-t r t l uf the Fort ,Ft, George Gazette Extra- ordinary,,dated ~ h c 15ih Scpt ember 1965 w"cr.e validat cd by section 4 the Indian St amp ('I';zmif Nadu Third Amendment) and t be Tamil Nadu Couri-fees a r ~ Sii i t s Va1~1at ion (Arnei?drns.;~t) _Act, 1975 (Tamil N8du Act 5 of f i~ 7c;j.

t the Tarnil ~Va'-lrl Guver4nte7zt Gra2c.t tc-

45

r ' is , 82. (1) The State Gove~nment may ,by notification of % Gavernment to : ,

' z

in the Fort St. George Gazette*. make rules to carry out make rules;

gen;*rally the purposes of this Act.

(2) All notifications and rules made under this

section shall, as soon as possible, aft& they are made, be placed on th6 table of the Legislttive Assembly for one

month, and shall be subject to such modification whe~har

by way of repeal or amei~dment as tk.: Legislative Assembly may make during the session in which thay are so laid.

83. Until rules are framed under sections 80, 81 and 82 Continuance, and until notifications are issued under section 73, the rule, in' force of and notifications now in force in respect of ~~,:tters exsisiing rules. referrad to in those sections, shall, in so far as they are not: inconsistent with this Act, continue.

84. In the.'[Tamil Nadu] Civil Courts Act, 1873 (Central Amendment of Act III of 1873), section 14 shall be omitted. Central ~^ct I11 of 1873.

85. The Presidency Magistrates (Court Feef) Act Repeal of

1877 (Central Act IV of 1877) in so far as it applies to Central Act N the g[State of Tamil Nadu], is hereby repealed. of 1877.

1

* -

86- In the Madras City Civil Court Act,, 1892 Amendment (Centla1 Act VII of 1892), sections 9 and 13 shall be omitted. f c ~ ~ ~ ~ ~ 1 8 9 2 ,

87. (1) The Court Fees Act,' 1875 (Centr a1 Act VII of Repeal and

1870, in its application fo the2[State of Tamil Nadu]an& in saving?

relation to the fees and stamps other then fees and stamps

'

relating to documents presented o ~ t o be presented befofe

an officer serving under the Central Government and the sduits Valuation Act. 1887 (Central Act VII of 1887), in its application to the SState v Z i i L L ~ Xadu] are heceby repealed,

fThese words were substituted for the word " Madras " by the

I

Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws(Secand Amendment)Order, 1969. ^t' aThis expressio~~ v, as substituted for the expression 4' State of Madras?' by the 'Tamil Nadu Adaptation of Laws Order, 1969, as

. amended by the Tamil Nadu Adapt at ion of Ld\l S (S econd Amend- , #-

ment Order, 1969 .^{. .}

46

(2) A I suits and proceedings i~stitilred hefore the commencemsi~t of this Act and ail proca:dings by way of appeal, revisio11 or otherwise ncising thcrofrom whether instituted before ot after such c;oin~~er~ceine~it shall, not- withstanding t h ~ repeal of the Court Fees Act, 1870

(Central Act VII of 1870) and the Suits Valuation Act,

1887 (Central Act VII of 1887), be governad by the provl-

ions of the said Acts and tho rules rrrs~:~ thereunder. Savingsin l[88. In respect of the transi'cued territory, all suits respect of the aad proceedings i nstl t uted bcSoro thc cc ~nnmncenlellt of transferred territory. ITamil Nadu] (Ttansferred Territory) Extension of Laws

Act, 1965, and a!\ proceedings by way of sppeal, revision or

othsrwise, arising therefrom, wllcthcr instituted before or

after such commoncernent, shall, notcvi t hstanding the repeal of the co~responding Iaw by the said Act,be govorned by the provisions of the said corresponding law and ths rules made there undw.

Exnl~znntion.-Jn this section, &he cxprcssion " corraa- ponding ;,.w " shall mean the T r tivancore -Cochin Court

pees Act, 1125 (Travancore-Cochin Act If of 1125 and the Travnncore-Cockin Suits Valuation Act, 1125 (Travancore-Cochin Act I V r;T 1 125).

'This section was inserted by section 4 (1) of, and the Second Schedule to, the ' 'annil Nddu (Transferred Territory) Extension of Laws Act, 1965 \,Tamil Nadu Act 22 of I9GS).

2Tbse words were sabstituted for the word '' Madras " by the Tamil Nadu Adaptation of h w 3 Order, 1969, as ame~ded by the ~arnil Nadu Adap.ation of Laws (Second Amendment) Onier,

1969.

47

a - - . - - - * - . +- 1955 ; T.N .- Act XIV] Court-fres aid Suits Valuation 523 Art tcle. ~articulur;. 4 Proper fee.

5 Plaint or written statement . . , F

. pleading a set off ar cauntbr- .- , claim ar memorandum af ,

appeal piesented ta any g . L .>. :

Caurt-^'p& . --$

M hen the amount or value af \ tha subject-matter in , . k ' dispute- L . V

(i) does not exceed five *[Forty naye paise. I

rupees. . ,

(ii) qxceeds five rupees, Forty naye paise. far every five rupees, or .

part thereof, in excess of

five rupees, up ta ane

hundred rupeas ;

(i ii) exceeds anz hundred Seventy-five naye paise ,I rupees, for every ten

rupecrs, ar part thereof,

in exmss af ane hundred

rupees :

(a) Pet it ion under section 26 An amount of one-hdf the aft ho Provincial Insolvency scale af fee prescribed in

Act, 1920, or application article 1 an the amount undor soction 95 af the ar compensation claimed. Code of Civil Pracedure,

1908.

(b) Appaal against ardar on a On the scale prescribed in petition or application artide 1 on the amaunt falling under clause (a). in dispute.

3 (a) Pet ition under section 53 An amount of a^q~-h-'~the

ar 54 of the Provincial scale af f\.: *rescribed in Insolve~~cy Act, 1920. article 1 on the market

value of ths subject- rilatter subject ta a

maximum fee af rupees five hundred.

i --

1These entries were substituted for the entries "Six amas",

"six annas'' and ~ c ~ e l ~ e annas" respectively by section 2 of, Bod tha Schedule to , tha Tamil Nndu &inage (Ahration of Ref(ud01cus) Act, 1960 pamil Nadu Act 9 of 1960).

48

524 Cortrt-fee~r and Stii@ Voll~~~lion LIP53: ,'.P;T. Act XIV SCIIEDbLE I--corr t.

A 3 V.\L,OREM PEES- * C O f ) t , Artlcb. Part icu lnrs. Proper fee.

(1) (2) (3)

(6) Appeal ag:\inst order on a An amount of one-half the petit ion frrl!ing urzdor clawsa scale of feu prescribed in

(a) whether by the Official article 1 on the market Receiver or b y the ussucees- viiluc of the subject- ful party. matter subject ta a

:n:iximum foe of rupees

fiva 11i1ndrac1. i

4

4 Msmorandurn af' appeal An arrzt-aunt of onc-half the i against order ir- proceedings scale of'ft:e proscribad in !i

under the Indian ~ucccs- itrl icio 1 o ~ z tho amount sion Act, 101'5, or vnIuo of' tile, subject- tar trsr t

9

!4

5 Application f ~ r eview af Omo-hzil'of the fee payable - i

1

judgment. on tho plaint or mema- 4 ranctum of appoal corn- . f grising tho relief sought 1

in tlzc :ippliccztion for r~viow. I i

Probate of a will or lstters of administration with or without wil I annexed-

\l\l hen the amourtt or value of Two por cont urn on such

the estate ir. respect of amount or value.

which the grant of probate or letters s made excseds

one thous: .nd rupass, but does not excctzd fivo thou- sand rupees.

When such amount ar value Tflroo per ccntum on such

exceeds five thousand rupaes, smoirill or value,

7 Certificate under t 110 Indian

Sumssion Act, 1925-

Whers the amount or value of Two per cent unl on such the debt ar security or the nmaullt o r value, aggregate amornut cr valuo

of the dobts and secui ities

specified in t ha wrtificate extends up to mpoas f i to thousand.

I

Whtre strch amount or value Tkus 1:r.r ::oilturn on such o 6xc8eds five thots~and rupws. ~trnoun: tlr vdub, 3

.S

49

- -- ---A - -- - - -

1955 : T.N. Act XN] Caurt -fees and Suits Valuation 525 Nom.-=(l) Where a certificate is extended under section 376 of the

Indian Succession ~ c t , 1925, fee shall be computed on the amcunt for which a certiiicate is sought ro b extended and the amount for which 3 O S E t i f i ~ 3 i ~ i . r m r ~ i f i c 3 : ~ ~ or have z;read:- ken issued, credit being git-en for the fez r\Iwdy paid.

C"

F , (2) The amount of a dabcis its amoupt, including interest,.on ru, the day on which the inclusion of the debt in the certificate is applied for sa. far as such amount can be ascertained. C .

(3) Whethor or not any wer with respect to a security specified F" ' in a certificate has been con erred unaer the Act, and where such a power has been so conferred , whether the power is for the receiving

of interest or dividends on, or for the negotiatian or transfer af the

security, or .for both purposes, the value of the sscu-ity is its market

value on the day on which t he inclusion aft he security in the certificate

is applied for, so far as such value can be asoertained.

-

SChh~Juw 11.

< Article. Particulars. Proper fee.

(1) (2) (3)

1 (i) Pet i t ia~ in a suit under the Ten rupees, Native Converts' Marriage

Dissolution Act, 1866.4

(ii) Petition, plaint ar mema- Ten rupes. randum of appeal when

presented to a Court under

. the Dissolutian of Muslim Marriage Act, 1939.

(iii) Petition under the Indian Thirty rupees. Divorce Act, 1869, exclu-

ding pat itions under sect i ~ n 44 of that Act, and every

memorandum ' of appeal

+:

, under section 55 of that

Act.^,

(iv) Plaint or memorandum Thirty rupees. of appeal under the Parsi

Marriage and Divorce Act, - 1936, or a counter-claim

1( mado under section 37 of that Act.

(v) Plaint or memorandum of Fifty rupees. appeal in a suit undor the

Indian Cdanial Divorce

Jurisdictiion Act, 1926. . . 4.

,.- -.. .

1Nm the Gnvorts' I Marriage Dissolution Act, 1866. -

50

526 Court fees a ~ l d Sirit$ VriEtratfon [ I 055: T,N. Act XIV .

(1) (2) (3)

If, i l l a suit f:r7!il~g under an]

af these clauses there is a

spccific cl: t im br damages,

sopatatc f;;e at the rates,

prescribei; Arti~le 1 of Schedctle I shall be charged on t ha ami~u:it of damagos claimed.

2 ~ndertakin~undersection49 Onerupcc. oft he Indian Divurw Act ,

1869.

3 Memorandli~n of appeal from an order inclusive of an order dotelmining any question iindar section 47 or soctior, 144 of the Code of Civil P~ocedure, 1908, and not at harwise providcd for when proscnt ed --

( i ) to a ly Court ut her than One ruges. , the EA igh Court or to any

Execut i vo Officer other

t h;tn t he Board of Revenue

or Chief Executive Aut horii y.

(i i ) tot he Eclard of Revenue Twa rupees, or Chief Executive

- . Authority.

(iii) to the High Court-- I , (A) From an ordar ather than an urdor under the

1 - i[Tami 1 Nadu] Agricuituists' Relitrf Act, 1938-

(1) Where t be order was passed Gy a subordi- nate Court or other

, authoriiy-

(u) If t 1:.i order relat as 'Ztm rijpt 011, to a suit or racecdw P ing, t ha ua ue of

which oxmads one thous3.nd rupees. CII- - - ---.

1 These words wevu-e srrb.;tjt ited lot wk~li : +h~ladmsw by the Tamil Nadu Adaptatim: cf Laws Order, (969, as arl~cjidod by tho Tamil Nadu Adaphti, of Laws (Sn:md Amendmeat) order,

1969,

51

- " -. . - -- L- -.-.a,

. .

SCHEDULE 11-- cont. ^e-

-

. .

(2) Where the agpeal is

I undor clause 15 of thc ,. . . Letters Patent-

(a) From an ordor T6n rupees, / passed in exercise of

appellate jurisdiction.

(b) Fram an order Ten ruPees, , passed in exercise of

original jurisdiction,^. which would be

appealable under

the Code of Civil Procedure, 1908, had it been passed by a Subardinat e Court.

(c) In any other case., Ono hundred rupees. t

(3) Where the appeal is One hundred . . uns.

i under section 45-B of

the Banking Compa- nies Act, 1949.

(4) Where the appeal is Five rupees. under sect ion 41 1-A of^' t 11~ Code of Criminal Procedure, l898.*

(B) From an order under the Two rupees.

I [ ~ a m i l Nadu] Agriculturists'

R ~ l i ~ f Act, 1938.

(iv) to tho Government in Five rupees. pursuance of a stqtut~ry

rikht to ap eal for whtch - wurt-&e is lev~able

I

undtlr any other enact- ment .

4 Menlorandurn of appeal under sectian 390f the Arbitra- tian Act, 1940- ^t

(i) Where tho appeal is from Fift eea rupees. an order of a District . .

Munsif's Court or an

order of a superior Court

in a case where the value

for j-3;'isd;ctinn does nab

exceed Rs. 5,000 ;

(ii) in any other case. ' . One hundred rupees.

8 - -7'

i These word. were substituted for the word " Madras "

by the Tamil Nadu Adaptation of Law8 Order, 1969, as amended the Tamil Nadu Adaptation of Laws (Second

Amendment) Order, 1969-

* . * See now the Code of Criminal Promdure, 1973 (Central Act 2

C

of 1974), S* 374. ^I, > ,# , \

52

528 Court fia nnd Sz~its Valuntiori [I : . .: : :'. N. Act X V SCHEDULE XI- -- con^.

Article. P ~ v t iclrr'nrs.

(1) (2 1

5 Copy or translat join of a judg- ment or order not being

ar having tho form of a

+ deer*

When such judgment or order is passed by any

Cj qil Court other than , the1 High Court or by the Presiding Offiwr

of any Revenue Court or affice or by any other Court or judicial or exocut ivo aut hari t y .

(a) if t& amount or vduo qT;ifty llayc Paise.] oft hr subject - matter

is fifty or loss thau

fifty rupees ;

(b) if such amount or One rupee.

value excseds fifty ruwes ;

U hen suchjudgment or order Two rupees. is passod by thr. Nigh

Caurt.

6 Copy 07 transloi io,t of a judg- 'iFift nayo Paisa, J

ment or ordqr 01 a Crinlinal

Court.

7 Copy of a decrr:c car ardor having the form of 12 4.f 04"r3o--. .

Whon such ttocroo or ordsr is mado by any Ccrwrt ot I I L " ~

than the High {lour4

(a) if tho n l~our i t or MI uo '[Sovent y v j j ~ o IlayO Paise.

ofthr su;lject-matter af

the stlit wharein such decree on ordar is made is fiftyox iuss than fifty

rugoes ;

When such do@rdo a r ordot Pivi3 rt~prttlrs, is ~,radc by the lkigh Court,

1 The words 'LE'ifl-.9 nsgs PzTw'hhd if&~sgty+five P&e" ~ ~ 1 . 0 sulilsti:.lit, A*! f 91. the ards &'Eight amas')

'Lm&e 8nfli3-B" - - . I , ... " b~ Set! !on f? of: and f;hs

Sc11~~ule It:, the Tarnil Nadu Coicsge ( . + l t ~ i ~ t i o ~ of

&farams) Ad, XW (T-il Nadu ihclt 11 0% ~ c e ; ~ ) .

53

54

SCHEDULE UImm. 4 0-

cont,

(2:

(dl Application or petition presented to any Executive

Offi-r upder any Act fur t he

time being in force fur the

wnser vancy ar i m p r o v ~ m ~ ~ t

of anyplace if the application

or wrltion relates solely to

such consttsvancy or im- prov~nent,

(e) Application or petitio~l prcsenpd to any board 01

Bxecut~ ve OZcer for 3 mpy

' or translation of any ardcr gassed by such baard or officer or of any ot her docus

merit on rccard in sucll:

office.

tf) Application to a FOK,;; Officer by a forest c ~ n t r a c i ~ ? ~

for extetlsion of the perjoli of lcass-.

IETwdn ty-five

(i 1) i l such ~ n l ue exceeds RS , ollf rUpOU,

5,000, for' @very Rs. 1,000 or part thlsraof in B X ~ Q B ~ of 13s. 5,000,

'

(g) Application tbr at t estatinn One rupee. of private documents intondcd

to bo US& otltside India,

uayd Paise.] ,

I

(hj Appiicarion for lapseti

dewsir ?;aioilied aftor 5 month$ aftcr the date l,iI which the amount I J I ~ ~ ~ ~ ~ to the Gaveri~ment-

0) b hen the amount

deposit not e x w d ' [ ~ i f ~ ~ ns Rs. SO;

(ii) when tila ;lrnount or uno deposit cacc' .l s RS. 50 buf does not p: ~cw,;.l RS, 1,000:

(iii) w h o it C\i~lld$ Rs. 1,001) T\,,o

-.- -- ---- -_- ---- - -- -- - _-__ * The words nay0 PaiseM --

Paise'' pore ~ u b s t ~ t u t e d for the rrcI.

( 1 F o p ann ... respect:~e;, b

(O, 4. T d SdU Cc iLaaa

1 9 8 1- S.du ds,: $j &

55

. .

'

I

. .

O) Applicatian or petition

- , presented to the Baard of Revenue or Chief Execu- tiv0 Authority and not other- wise prc vic!od. for- * .."+

. i '

56

, 532 Court fees and Suits Valrrution [I955 : T. N . Act X IV SCHEDUL E 11- cont .

Article.

a copy ar tramkition c f judgment, docroe or any pro- ceeding of or order passad \ by such Court cr af 917.y athtr docuaent c,ia recorci j.!~

such Court.

(b) A~~l i ca t i r 11 or p titigu i[.~'wa~ty-five nay@ Pai~ , ] presentc t c any Civil Cowti

other thm a PrinciM Civil

Court of Cariginal Jurisdic-

tion to m y Court of Snliall

Causes wnstitutad uildor the Pro1 incia1 Small Causc * $ Courts Act, 1887, or to a Cdlector or ather officer of revenuc i11 relnrion to any

suit or casc it1 wfiich tile

anlount ox vaiua of tho subject ~liatter is less than Rs. 50.

(c) A~~l i c ;~ t ' a l i to any Court giScventy-five naye Paise]

that records iuay be called in additiu*l to the fee

from awlher G u r t , icviable on the applja-

whentheCourtgrantstho tion. application aird is nf

apinion that tho transrn&:

sian of such records involvos

the USG of the PiJst.

(4 Ap~licatiul, for parinissiitn ~ ~ * ~ , ~ ~ ~ ~ t ~ - f i ~ ~ ~ ~ ~ ~ p ~ ~ ~ , l qo doposi t ~ . c * ~ ~ ~ t ~ u o or rullt

b i b . . - in thc oi3cc of the Collactur o r i l; :t; Court.

4 .

- - - - - a t . --- ----- .- - The words " Seventy.five naye Paisa " and Twent).-fiV6 naye Paise " were substituted for tho words fi Twelve mar M and "Four amas " respectively by section 2 of,

~i~ Schedule to, the Tamil N:;dt~ Coinage (Altcratiofi of RefeCen* Act, 1960 (Tamil Nadu Act 9 of 1960).

57

(n A written complaint q^rjOne rupee.

cunt. , . charge .af any offence at her , ' - .than an offence for which a Police officer may. undcr

,\ the Cad€ of Criminal Prom-,

dure, arrest without warrant . and presented to any

Criminal Court and an aral complaint of any such affence reduced. to writing

. under tho Cade of Criminal Pracsdure, 1898."

(8) Application or petition . i[Seventy-five nay6 Paibs] + presentat o any 'Court, or to

"any Magistrate in his execu- tive capacity and not other-^{- '} wise provided fcr in this Act,

(h) Application f0.r arrest or attachment before judgment + or' far temporary injunction

(i) when presented ta a Civil Court or revenue Court other than the High Court^\

(1) if the value of the sub- One rupee. ject matter a[. . ,I is less

(ii) when presented to the Five rupees.

58

SCWJ5r.J ULu I.^{c uft} - .

Art lcfe. purric~i~rs. Proper fee.

(1) (2) (3)

11- ( i ) Application or petitictn cnnt. under section 47 land Order XXI, rules 58 anct 90 af the

Codo of Civil Procsdurc,

1908-

( i ) wl~on filol: in a, rovunue < J I ~ o riipoo. Court c;r il District

M~~lisif 's C'oui f -I

\ j i i )wt lur~ f i l tc l ill tho City T w rtrpocs and Atfifty

Civil u Martrm, zr i.ikyc i'aisc. f Strb-Court ctr- a Districl Court.

(iii) whu~l file9 is] tlre Hish Fivo rupoes. Court,

(j) Application or petitiotl Fiarc rlrpl:os.

under ssctions 34,72,73 ~ n d

74 of tho I n ~ l i t ; r ~ 'l3-ust Act,

1882.

(k) (i) ~pplication for pro- Twenty-five rllpecs.

bate or letters of adrni~listra- tion to have effect I hrrrugll- c - t India.

(ii) ~pplicatioll for pro- bate or letters of adminis- tration not f:~lt itlg under

clausc (i) ---

( I ) if the ~ i d ~ > d i h e estate 3lSevznty-five nnyo paise.)

dcjes not exceed Rs, Rs. 1 ,COO.

(2) i f the V S I I L ~ ~ ' C X C ? C ~ S 17t\7c ~.i~j>ecs. Rs. 1,000 : ~ ~ i ) vided that

Illat if a csvcat is er~terad

and the agplication is

tegistered as a suit, one-

half the ~ c a l c of fee

prescril-cd in Article 1

of Schedule I on t l ~ o

market vhl~re of the estate less the fee already paid on tile ap:,lic:ltiolr shall bc levied,

---C - -- -I_- ----_ _ _ -- .-- - -.---._

1 These words were ,substituted for tlie words L6 Bight annas" by section 2&of, ard the Schedolc to, (1,~. T;lmil Ngdu Coinage (Alteration of Refere'nces) Ac!, 1?50 (Tamil Nadu ~ c t 9 of 1960).

2These words we e substituted for tilit words " R e I e v e aonas" by section 2 of, 2nd the Schedule lo, the ' h m i l Nadu Coinage (Alteration of Rcfer~nces) Art. 1950 tT;rmiJ Nadu AH. 9 of 19601,

. .

* 8 - __- I--* - -- - -- --'-- - - a -

59

60

536 :;omt-jke.~ and Stiits Yalzration [I935 : T.N a ~ c t X I V Article. Yur.itiridurs.

11-- ( i i ) when ;?resented to thc

cont. City Civil Court, Madras, a Sub-Col~l.~, a District

Court 01- Llre Nigh Coul,t--

(1) if thz value of the Fifteen rupees, ~ subject-n~atter of the

award docs not exceeci Rs. 5,00;);

(2) if such wlue cxceeds Oile hu~ldred rupees. Rs. 5,000 but docs i lof - .

exceed Rs. 10,000;

(3) if such value exceeds Two hr~ndr.ed and fifty

Rs. 1 O,O:?C. S U ~ L ' C S ,

(0) Petition to the High Court .i.w\.ent i.lipms. for the sdnission of an

Advocate, At torlle,y or Vakij. ( p ) Application presenled to i:jfty 7upee.C. theHigh C'our t under sectioll

24 of the Press (Objectionable

Matter) Act, 1951.

(q) Revision petition p r e s ~ t e d to the High Court under , section 115 af thc Cade af Civil Procedure, 1908, or

under section 25 of the Pro- vincial Small Cause Courts Act, 1887, or under the prpyisions ~f any other Act, arlslng out of a suit or pro- ceed~ng -

(i) if the value of the suit or Five rupeesa

prweeding to whizh tllc Order sought to be revised relates does not exaed

Rs, 1,000;

(ii) if such valtte exceeds Ten l.upees,

Ks. 1,003,

------- - j $8. now tfiC COrnpwiCE Act. 1956 (Central Pie$ I of 1 % ~

61

r ' * - * . . -- &-- . - - . .--^{I I} ' *I .$ {i \

1955 : T.N. Act, XIV] Court -fees and Suits valuation 537 ir I;

SCHEDULE II- cont. . .

Particulars. Proper Jke*

(3) . (2)

4

1 1 -- ($1 Petition to the Hi W Court l[One hundredrupees,. con#. under Article 226 of the -

Constitutiol~ for s writ other ",

tbarl the writ of, Habeas Corpus or a petition under Arttcle 227 of the Constitution,

62

538 Court fees and Suits Valuation 11955 : T.V. Act XI V S@)SEDULB U--~f3;i$.

Arricle. Pnrticrwlars. P ~ " Q ~ c ? ~ P $PC.

(1) (23 c jb

12 Application for leave to sue *[Seventy-five naye paise, ' as a pauper.

13 Application for leave to apoeal as a pauper -

(i) when presmted to a One rupee. District Court 01 a Sub- Court ;

(ii) When presentccl to the Two rup?cs.

. High Court. 14 (i) Bail Bond or other instru- i[l*wenty-five naya paise.] '

meat of obligation when

filed in village courts -

(ii) ail Bond or other instru- 1[Seven!yW8ve nnye paise. ment of obligation given in

pursuance of an order made

by a Court or Magistrate

under any sr\ction of the ?rr

Code of Crfm nal Procedure,

1898,* or the Code of Civil

. Procedure, 1508, and not . otherwise provided for in this Act.

15 Every copy of power-of-attorney 1tSeventy-five naye paise.] - when filed in any suit or

proceeding.

16 Mukbtpnama, Vakalatnama or any paper sigrted by an

advocate signifying or inti-

mating that he is retained for a party-

When presented -

(i) to any Courc other One fopcs and qfifty'nwe than the HSgh Court or to parse.]

any Collector or Magistrate or other executiw bfiiwr; -"-. --- ----. ----_

1. The words " Seventy-five nayc Paise " and " Tbenty-five naye Paise " were substituted for the words " Twe:lvo annag and " Four annas " respectiveIy by s3ctiGn 2 id and t l i ~

Schedule to, the Tamil Nadu Coinage (ALter2:ian d Rrferenws)

Act, 1%0i (Tam11 Nadu Act 9 s f 1960).

2. These words were su5stitut.:d for the words " ~ j ~ h t annas " by section 2 of. aird tllr c h ! . , .:le Ln.i; Nadu

Coinage (Alteration of 1 .oft -en~es) Act, 1960 0 amil ~~d~ Act 9 of 1x0).

@>ee now the Cdde c i Criminal Procetlurc, 1973 (Qntrd Act 2 of 1974).

63

64

540 Court gees and Suits Valwf jut2 11955 ; y, N. ~ c t x 1 1

Part I-cont.

2e further say that I have also truly set h r l h il: Annexure B

allttheltems I am by law a:lowed to deduct.

3. 1 further declare that the said estate exclusive only of the last., was on the date of the dcnth of the deceased

mentioned items,---__- .--- --a=- -- * i s

under the value of

4. I . (A*?.) further declare that what is stated in this Form of Valuations 1s true to th ? b ~ t of my information nlld bcljef,

(Signed) - - --A.B.

ANNEXURE A.

Valuation of the movable and immovabZe property of deceased.

Cash i.n hand and at the bank, household goo&, ~[Rs^. NP.]

WarIng apparel, books, plate, jewels, etc. (State e~timated value accora*irg zo best of or Ad&nIstratorgs belieJ) Property in Government securities transferable at the Public Debt Mice.

(State deswbtion and value oa ,he date of the d m h of

the deceased or on the date of the appNation, case mav be.)

Immovable Property, consisting of . . . . , (State de~c~~@tfon and market value on the dare of the

death of the deceased or on the dute of tk ~pp/ic~~ri~t~:.,

as the case may be.)

Leasehold property . . . . . . . . - (?f the deceased held any leasids for y ? ~ r s P: ,b,l.r TO

St- the period ofthe leas : and the estimated orno,&;

of refit inserting separately arrears due on dcitc of

death or on the date of thc upolirrrtion, the may 5e.I

Property in PU blic cornpanics " I 0 . . . (State the particulars uad the valrlc ~ a l m i ~ t e ~ f price on the date offhe &at,! 01 on t/le rl(lte th, application, as the crrse n1a.v i1r.j

--- - --------- .2- - ^_- ._ -.___

b ----* This form to be used where t :?cAappjicati..n , . c.- ;-. 2 ~ - ~ G I ,.j2c year from the date of the d s s ~ h .

m e rmea ar;; S : for we Rr, p2 ,$

2 of, and [be S . , 16, Tamil \ia,jii cv3122g2

(A-klrention of References) Act, 4960 flmil ilct 9 ot 1 %a),

65

66

67

68

f976' : T.N. Act 51 Indian Stamp (Tamil Nadu Thfrd 537 Amendment) and the Tamil Nadu

Court-fees and Suits Valuation

(Amendment)

TAMIL NADU ACT NO. 5 OF 1976.s

THE INDIAN STAMP (TAMIL NADU THIRD

AMENDMENT) AND THE TAMIL NADU

COURT-FEES AND SUITS VALUATION

(AMENDMENT) ACT, 1975.

[Received the assent of the President on the 15th March 1976. first published in the Tamil Nadu Government Gazctte Extraordinary on the 17th March 1976 (Panguni 3, Iratchasa (2007-Tiruvalluvar Andu)).]

An Act further to amend the Indian Stamp Act, 1899, in its application to the State of Tamil Nadu and the Tamil Nadu Court-fees and Suits Valuation Act,1955.

BE it enacted by the Legislature of the State of Tamil Nadu in the Twenty-sixth Year of the Republic of India as follows^:-

I . (1) This Act may be called the Indian Stamp Shorttitleand (Tamil Nadu Third Amendment) and the Tamil Nadu extent. Court-fees and Suits Valuation (Amendment) Act, 1975.

(2) It extends to the whole of the State of Tamil Nadu.

2. In the Indian Stamp Act, 1899 (Central Act 11 of Amendment of 1899) (hereinafter referred to as the Central Act), section 74 2z;;J.Act 4

shall be re-numbered as sub-section (1) of that section, and after sub-section (1) a9 so re-numbered, the following sub-section shall be added, namely :-

"(2) A rule may be made under sub-section (1) so as to have retrospective effect on and from a date not earlier than the 15th September 1965.".

3. [The amendment made by this section has already been incorporated in the principal Act, namely, the Tamil Nadu Court-fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955).]

--^-

* For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinar dated the 24th October 1975, z' Parr Iv-Section I, Pages 246-2 7,

69

d 538 Indian Stamp (Tamil Nadu Thir [I976 : T.N. Act 5

Amendment) and the Tamil Nadu Court-fees and Suits Valuation (Amendment) I

Validation af 4. Notwithstanding anything contained in any judg- certain orders, notifiation, ment, decree or order of any Court or other authority,-

etc.

(i) the orders issued by the State Government in G.O. Ms. No. 873, Revenue Department, dated the 17th March 1965 and in Government Memorandum No.44430 /VI/65-7, Revenue Department, dated the 9th September 1965 ; and

(ii) the notification No. B.P. Press 25 (L), dated the 10th September 1965, issued by the Board of Revenue (Chief Controlling Revenue-Authority) and published at pages 2013-2014 of Part 111 of the Fort St. George Gazette Extraordinary, dated the 15th September 1965, shall not be deemed to be invalid, and shall not be deemed ever to have been invalid, merely on the ground that they were not issued in the form of rules in accordance with the provisions of the Central Act or the Tamil Nadu Act or that they were not placed on the table of both the Houses of the State Legislature ; and-

(a) all acts, proceedings or things done or taken under the aforesaid orders or notification till the date of the publication of this Act in the Tamil Nadu Government Gazette, shall, for all purposes, be deemed to be, and to have always been, done or taken in accordance with law ;

(b) no suit or other proceeding shall be maintained or continued in any court for the payment of any amount towards difference in discount ; and

(c) no court shall enforce any decree or order directing the payment of any amount towards difference in discount.

I

Explanation.-For the purpose of this section,

"difference in discount" shall mean the difference between the rates of discount permissible for the sale of stamps under the rules, orders or notifications in force immediately before the 15th September 1965 and the rates of discount permissible under the orders and notification referred to

in items (i) and (ii) of this section.

70

71

. .

icle 3 (iii) (A) (2) , after item (b) , -the following e office of member cf a panchayat;^I

I

+, , (ii)--the office or Vice-Presiilcnt of a

panchayat; .-

6' : I . (iii) the Mun cipal Corporation : of. ~ a d k or. of or of any other ?Muriiciplal Corporatio~n constituted unkler any law for the fime being :in force or bf meniber oLP a Mun~cipal Council or a Panchayat :"Cjnion Coubcil; (I

I

(iv) the afficc or Deputy Mayor of t^:~c inicipal Corporation' ol of Maclurai or of Coimba1:ore

:any, other Municipal Corporation ccnstituted under any law the time: being in force ' or of Chairman or Vice-chairman of a pnicipal Council or a Yanchayat Union Council.".

(By order of the Governor) 1

>

- S. 'VADIVELU,

Commissioner , and Secrefary to Gov!~xmmi,

I Law Department.

I .

\ I

ND PUBLIBBED BY @HE DIRECTOB OP STATIONERY APFU PUISTINO D ~ B , ON' REEALF O$ TRE GOVERNMENT OF T A M n S A l r t l fi

I - -r- - r . . * C

- - ' . - -;L--- -

72

'If

73

- ---.- The following Act of the Tamil Nadu Legislative Assenbly received the assent of the Governor on the 15th November 2002 and is hereby published for general information:-

J

ACT No. 55 OF 2002.

An Act further to amend the Tamil Nadu Court-fees and Suits Valuation Act, i 955.

WHEREAS the cost of administration of justice has considerably increased; AND WHEREAS there is no enhancement of court-fees for more than forty-six years; AND WHEREAS it has become necessary to increase court-fees in order to meet the incretsed cost in the administration of justice;

AND WHEREAS the State Law Commission has recommended for the increase of court-fees;

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-third Year of the Republic of India as follows:-

1. (1) This Act may be called the Tamil Nadu Court-fees an4 Suits Valuation (Amendment Short title and

and Suspension of Operation) Act, 2002. commence- menl.

(2) (a) Sections 2, 3,4, 5,6,7, 8,9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,21 and24 (1) sh~ l l be deemed to have come into force on the 8th day of August 2002 and the operation of those sections shall be deemed to have been suspended on and from the 5th day of September 2002.

(b) Sections 22 and 23 shall be deemed to have come into force on the 5fh day of September 20C2.

2. In section 7 of the Tamil Nadu Court-fees and Suits Valuation Act, 1955 (hereinafter Amendment o f Act XIV of referred to as the principal Act), sub-section (3) shall be orritted. section 7.

3. In section 9 of the principal Act, for the expression "Subject to the provisions of Amendment of

the last preceding sectio,l, a document", the expression "A document" shall be substituted.^9.

4. For sxtion 22 of the principal Act, excluding the Explanation thereunder, the Substitution of

following section shall be substituted, namely:- section 22.

"22 Suits for monry.--In a suit for money other than the suit for maintenance but including a suit for damages or compensation or arrears of annuities or of other sums

payable periodically, fee shall be computed on the amount claimed.".

5. For section 23 of the principal Act, the following section shall be substituted, Amendment o^f

section ^23.

"23. Suits for annuities.- In a suit for annuities or other sums payable periodically, other than the suit for maintenance, the fee shall be computed on five times the amount claimed to be payable for one year:-

Provided that where the annuity is payable for less than five years: the fee shall be computed on the aggregate of the sums payable.".

6. In section 25 of the principal Act,- . . Amendment of section 25.

( 1 ) in cl~uses (a) and (b), for the expression "rupees three hundred", the expression

"rupees four thousand" shall be substituted;

(2) in clause (c), for the ezpression "rupees five hundred, the expression

"rupees five thousand" shall be substituted;

(3) in clause (d), for the expressi$n "rupees four hundred", the expression

"rupees five thousand" shall be substituted.

74

Substitution of 7. For section 26 of the principal Act, the fdlowin~ section shall be substituted,

section 26. namely:---

"26. Adoption suils.- In a suit for a declaration in regard to the validity or invalidity of an adoption or the factum of an adoption, fee shall be payable at the following rates:-

(i) In a District Munsif s Court Rupees four hundred

(ii) In the City Civil C ~ r t , Chennai or Rupees one thousand, if the market a Sub-Court or a District Court. value of the property involved in or affected by the relief is rupees fifly

thousand or less; and rupees four thousand if it is above rupees Lfty

thousand.

1

(iii) In the High Court Rupees five thousand

Amendment of 8. In section 27 of the principal Act,-

section 27.

(1) in clause (a), for tile expression "rupees three hundred", the expression pees four thousand" shall Le siibstituted;

(2) in clause (b), for the expression "rupees five hundred", the expression

"rupees five thousand" shall be substihited;

(3) in clause (c), for the expression "rupees four hundred", the expression

"rupees five thousand" shall be substituted.

Amendment of 9. In section 28 of the principal Act, for the expressions "rupees two hundred" and

section 28. "rupees one thousand", the expressions "rupees one thossacd" and "rupees twenty thousand" shall, ,,:;.ectively, be substituted.

Amendment o f 10. In section 29 of the principal Act,-

section 29.

(1) for the expression ''under section 9 of the Specific Relief Act, 1877 (Central Act I of 1877)", the expression "under section 6 of the Specific Relief Act, 1963 (Central Act 47 of 1963)" shall be substituted;

(2) for the exprrssion "rupees two hundred", the expression "rupees five thousand" shall be substituted.

Amendment o f 11. In section 30 of the principal Act, for the expression "rupees four hundred", the

section 30. expression "mpees four thousand" shall be substituted.

Amendment o f 12. In section 3 1 of the principal Act, for the expression "rupees three hundred", the

section 3'. expression "rupees four thousand" shall be substituted.

Arnendmcnt of 13. In section 37 of the priccipal Act, far sub-section (2), the following sub-section

37. shall be substituted, namely:--

"(2) In a suit for partition and separate,possession of joint family property or property owned, jointly or in common, by a plaintiff who is in joint possession of such property, fee shall be paid at the following rates:-

(i) In a District Munsif's Court. Rupees three hundred.

(ii) In the City Civil Court, Chennai Kupees three hundred if the value of or a Sub-Co 11% or a District plaintiffs shares is rupees thirty thousand Court. or less; rupees five hundred if the value

is above rupees thirty thousand but

below rupees one law, and rupees seven

hundred and fifty if the value is rupees

one lakh and above.

. (iii) In the High Court. ~uFees two thousand.

75

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY²⁹⁵

14. In section 39, for sub-section (I), the following ;ub-section shall be substituted, Amendment of

namely.- section 39.

J

"(1) In a suit for the administration of an estate, fee shall be levied on the plaint at the following rates:--

(i) In a District Munsif s Court. Rupees five hundred.

(11) In the City Civil Court, Chennai Rupees five hundred if the value of the or a Sub-Court or a District subject matter is rupees thirty thousand Court. or less: rupees seven hundred and fifty

if it is above rupees thirty thousand but

below rupees one lakh; and rupees one

thousand if it is rupees one lakh and

above.

(iii) In the High Court. Rupees five tltousand.

15. In section 45 of the principal Act, for the expression "rupees three hundred", the expression "rupees one rhousa~lG hiid f.: hundred" shall be substituted.

16. Section 46 of the principal Act shall be omitted.

17. In section 47 of rhe principal Act, for the expression "fifty rupees", the expression

"five hundred rupees" shall be substituted.

18. For section 50 $of the principal Act, the following section shall be substituted, namely:-

Amendment of section 45. Omission of section 46. Amendment of section 47. Substitution of section 50.

"50. Suits not otherwise provided for.-In suits not othekwise provided for, fee shall be payable at the following rat&:-

(i) In a Revenue Court. Rupees fifty

(ii) In a District Munsif s Court Rupee$ three hundred. The City Civil Court, Chennai~ Rupees three hundred if the value of the or a Sub-court or a District

, subject matter is rupees thirty thousand

Court. or less; rupees five hundred if the value

is above rupees thirty' thousand but

below rupees one lakh; and rupees seven

hundred and fifty if the value is rupees

one lakh and above.

(iv) The High Court Rupees two thousand.

19. In sections 64, 65 and 81 of the principal Act, for the expression "Board of Amendment of

Revenue'' wherever it occurs, the expression "the Appropriate Authority specified in the

~ , ~ ~ ~ ~ s 8 ~ 4 *

Notification under sub-section (1) of section 4 of the l'anul Nadu Board of Revenue Abolition Act, 1980" shall be substituted.

20. In Schedule 1 to the principal Act, in Article 3, in the entries in column ( 3) against Amendment to

the entry " (a) Petition under section 53 or 54 of the Provincial Insolvency Act. 1920" in Schedule I^. column ( 2 ) , for the expression "rupees five hundred", the expression "rupees ten thousand"

shall be substituted.

2 1. For Schedule 11 to the principal Act, the following Schedule shall be substituted, Substitution of

namely:-- Schedule 11.

76

TAMIL NADU G O V E R N M E N T CiAZE'IVl'E 1:X I I < ~ \ o ~ r u l l u , t ~ . , I -- -- - - - ----- -

1. ( i ) Petition in a suit under the Converts' Marriage One hundred Dissolution Act. 1866. ~upees.

(ii) Petition, plaint or ~nanorandurn of nppcnl when OIIC I I ~ I I I C I ~ C ~ presented to a Court under the Dissolution of rupees.

Muslim Marriage Act, 1939.

(iii) Petition under the Indian Divorce Act, 1869, One hundred ,-pluding petitions under section 44 of thzt rupees. Act, and every memorandum of appeal under

section 55 of that Act.

( iv ) Plaint or memorandum of appeal under the One hundreii Parsi Marriage and Divorce Act, 1936, or a rupees. counter-claim made under section 370f that Act.

(v) Plaint or rne:norandum of appeal in a suit under One hundred the Indian and Colonial Divorce Jurisdiction Act, rupees.

1926.

If, in a suit falling under any of these clauses, there is specific clairn for damages, separate

fee at the rites prescribed in Article 1 of Schedule 1 shall be charged on the amount of damages claimed.

2. Undertaking under section 49 of the Indian Divorce Ten ntpees. Act, 1869.

3. Memorandum of appeal from an order inclusive of an order determining any question undcr section 47 or section 144 of the Code of Civil Procedure, 1908, and not otherwise provided for when presented-

(i) to any Court other than the High Court or to Fifty rupees. ' any Executive Officer other than the Govern-

ment or the Appropriate Authority specified

in the ~otification under sub-section ( 1 ) of section 4 c?f the Tamil Nadu Board of Revenue Abolition Act, 1980 or Chief Executive Authority.

( i i ) to the Government or the Appropriate Authority One hundred specified in the notification under sub-section ( I ) rupees. of section 4 of the Tamil Nadu Board of Revenue Abolition Act, 1980 or Chief Executive Authority.

( i i i ) to the High Court-

(A) from an order other than an order under the Tamil Nadu Agriculturists' Relief Act, 193%-

( I f Where the order was passed by a Subordinate Court or other authority.--

( ( I ) if the order relates to a suit or proceeding, the Two hundred value of which exceeds five thousand rupees. rupees.

(11) in any other case.

".

One htundretl rupees.

77

--" - " -

--A - -- -

XTRAORDINARY 297

(2) Where the appeal is under clause 15 of the Letters Patent -

( c r ) from an order pas sz in exercise of appellate 'Two hundred jurisdiction. rupees.

(b) from an order passed in exercise of original Two hundred J ~ I isdic~~on, ~ i i l ~ l i :>, J' ' appealable under n~pees. the Code of Civil Procedure, 1908. had it been passed tly a Subordinate Court.

(c) mernora1idum of Writ Appeal. One thousand rupees.

(ri) ~n any other case. One thousand rupees.

(3) Where the appeal is under section 45-B of the . One thousand Banking Regulation Act, 1949. rupees.

03) from an order under the Tamil Nadu Agriculturists' Fifty rupees. Relief Act, 1938.

(iv) to the Government in pursuance of a statutory One hundred right to appeal for which no court fee is leviable under any other enactment. .

4. Memora~dum of appeal under jlie Arbitration and Five per cent Tonciliation Act, 1996. of the value for

jurisdiction.

5. Copy or translation of a judgement or order not being or having the force of a decree-

when such judgment or order is passed by any Civil Court other than the High Court or by the Presiding Officer of any Revenue Court or office or by any other Court or judicial or executive authority--

(a) if the amount or value of the subject does not Twenty rupees. exceed one thousand rupees ;

(b) if such amount or value exceeds one thousand F i e rupees. rupees;

when such judgement or order is passed by the One hundred IJlgh Court. rupees.

6. Copy or translation of a judgment or order of a Ten rupees. Criminal Court.

7. Copy of a decree or order having the force of a decree--

When such decree or order is made by any Court other than the High Court-

(n ) if the amount or value of the subject-matter of Twenty nlpees. the suit wherein such decree or order is made

cloes not exceed one thousartd nipees ;

( 1 1 ) if such amount or value exceeds one tliousand Fifty rupees. lupees ;

78

298 TAMIL, NADU GOVERNMENT GAZET'I'E EA 1 I\, .. -

When such decree or order is made by the Iligh 011e hundred Court. rupees.

8. Copy of sny document liable to stamp duty under Ten rupees. the Indian Stamp Act, 1899, when left by any party to a suit or proceeding in place of the original withdrawn.

9. Copy of any revenue or judicial proceeding or order not otherwise provided for by this Act or copy of any account, statement, report or the like taken out of any Court or office of any,public officer. For every docurrient Ten rupees.

10. (a) Application or petition presented to any officer of Ten rupees. land revenue by any person holding temporarily

set t led and under direct engagement with

Government and when the subject-matter of the

application or petition relates exclusively €0 such engagement.

' (b) Application or petition presented to any officer of Ten rupees. land revenue relating to the grant of land on

darkhast.

(c) App'ication to a Collector or to any officer of the Fifty rupees. Pub ic Works Department for lease of land ,for

agricultural or non-agricultural purposes.

(d) Application or petition presented to any Executive Ten rupees. Officer under any Act for the time being in force for the conservancy or improvement of any place if the application or petition relates solely to such conservancy or improvement.

(e) Application or petition presented to any Board or Ten rupees. Executive Officer for a copy of translatior1 of any order passed by such Board or Officer or of any other document on record in such office.

(f) Application to a Forest Officer by a forest contractor for extension of the period of lease-

(i) if the value of the subject-matter of the lease ' One hundred is Rs. 15,000 or less; rupees.

(ii) if such value exceeds Rs.15,000 for every Twenty-five Rs.5,000 or part thereof in excess rupees. of Rs. 15,000.

(g) Appl~cation for attestation of private docuttlents T'wenty- ti\ c. intended to be used outside India. rujxes

(h) Application for lapsed deposit presented after six months after the date on which the amount lapsed to the Governnlc~~.

(i) when the amount of deposit aoes not exceed^l'en I-t!pt3es. Rs.500.

7-

79

-----__ __-

TAMILNADU GOVERNMENT GAZETTE EXTRAORDINARY 299

(ii) when it exceeds Rs.500 but does not exceed Twenty-five

Rs.5,OOO. rupees.

(iii) when it exceeds Rs.55000 Fifty rupees.

(i) Application or petition presented to the Government and not otherwise provided for-

(i) involves the exercise or non-exercise of. Fifty rupees. power conferred by law or rule having the force of law;

(ii) in other cases Ten rupees.

(j) Application or petition presented to the Government or the Appropriate Authority specified in the Notification under sub-section (1) of section 4 of the Tamil Nadu Board of Revenue Abolition Act, 1980 or Chief Executive Authority and not otknvke pmvided fix-

(i) which involves the exercise or nonexercise of power Fifty rupees. conferred by law or rule having the force of' law;

(ii) in other cases Twenty- five rupees.

(k) Application or petition not falling under clause (i) or

(j) and presented to a public officer or in a public office and not otherwise provided for,-

( i ) which involves the exercise or non-exercise of Fifty rupees. power conferred by law or rule having the force of law:

(ii) in other cases Twenty-five rupees.

I I . (a) Application or petition presented to any Court for copy Five rupees. or translation of any judgment, decree or any proceeding of or order passed by such Court or of any other document on record in such Court.

(b) Application or petition presented to any Civil Court other Ten rupees. than o I'sincipal Civil Court of Original Jurisdiction or to any ( ' o~~r t of Sniall Causes constituted under he Provincial . Small ('ause Courts Act, 1887 or to a Collector or othcr Officer of Revenue in relation to any suit or case in wfuch the amoullt or value of the sitbject matter is less t11a11 Rs.500.

(c) Appl~callon tc any Court that records may be called Twenty rupees. from anotlia Court, when the Court grants the application and IS of oplnlon that transnllssion of such records involves the ttw o f Ihc post.

( . I ) Appllc;it~on Ih- permission to deposit revenue or rent either 'ren rupees. 111 the office )f the Collector or in the Court.

(e) Application or petition psesented to' a Court for detcrniination Fifty rupees. 01' ~ h c amount of compensation to be paid by il landlord

1 0 his !csnant.

80

(f) A written complaint or charge of any offence I'wcnty rupees. presented to any Criminal Court and an oral

complaint of any such offence reduced to writing under the Code of Criminal Procedure. 1973.

(g) Application or petition presented to any Court, or to I wenty-live any Magistrate in his executive capacity and no: lupees. otherwise provided for in this Act.

(h) Application for arrest or attachment before judgment or for temporary injunction-

(1) when ],resented to a Civil Court or Revenue Court ather than the High Court in relaticn to any suit or proceeding-

(i) if the value of the subject-matter is Fifty rupees. Rs.30,000 01 less;

(ii) if such value is above Rs.30,000 One hundred rupees.

(2) when presented to the High Court 'Two hundred

(i) Application or petition under section 47 and order XXI, rules 58 and 9i) of the Code of Civil Procedure, 1908- 1

(i) when filed in a Revenue Court or a District Fifty rupees. Munsif s Court;

(ii) when filed in the City Civil Court, C h M One hundredⁱ rupees.

I

a Sub-court or a District Court;

I

(iii) when filed in the High Court Two hundred and fifty

rupees.

(j) Application or petition under sections 34, 72, 73 Fifty rupees. I and 74 of the Indian Trusts Act, 1882.

Q (i) Application for probate or letters of admini ;tmtion Five h u n d ~ e d

I

to have effect throughout India. rupees I

(ii) Apy lication for pobat~ or !r++-w of administration^I

I

not falling under clause (i)- ,

(1) if the value of the estate does not exceed Ten rupees.

Rs.5,000,

(2) if such value exceeds Rs.5,000 but does Fifty rupees. not exceed Rs.25,000.

(3) if such value exceeds Rs.25,000 One hundred rupees.

Provided that if a caveat is entered and the application is registered as a suit, one-half the scale of fee prescribed in Article 1 of Schedule I on the market value of the estate less the fee already paid on the application shall be levied.

(I) Original petitions not otherwise provided for when filed in--

(i) a District Munsif s Court-

7-

81

- -- ---__-- rupees.

4

(2) in other cases Fifty rupees.

(ii) the City Civil Court, Chennai, a Sub-Court or a One hundred District Court; rupees.

(iii) the High Court Two hundred and fifty

rupees.

(m) Application under the Arbitration and Conciliation Act, 1996-

(1) if the value of the subject-matter of the award does not exceed Rs.50.000;

(2) if such value exceeds Rs.50,000 but does not exceed Rs. 1,00,000;

(3) if such value exceeds Rs. 1,00,000

(11) Application to the High Coitrt under section 96 of the Code of Crinlinal Procedure, 1873

(0) Revision petition presented to the High Court under section 1 15 of the Code of Civil Procedure, 1908, or under section 25 of the Provincial Small Cause Courts Act, 1887 or under the provisions of any other Act, arising out of a suit or proceeding-

(i) If the value of the suit or proceed'i to which the order sought t~ be revised does not exceed Rs. 10,000

(ii) if such value exceeds Rs.10,000 but does not , exceed Rs.50,000

(iii) if such value exceeds Rs.50,000

(p) Revision ~etition presented to a Dismct Court under section 25 of the Provincial Small Cause Courts Act, 1887--- *

(i) if the value of the suit does not exceed Rs.5000

(ii) if such value exceeds Rs.5000 (q ) Petition ulider sections 391, 439 and 522 of the C'ompanics Act. 1956, in connection with the winding up of' a company.

( I ) I ' C ~ I ~ I O I ~ to [lie I-llgh C'ourt under Article 226 of the ('onstitut~on for a writ other than the writ of flabcas ( 'o~pus 01 a petltion quxkr Altlclc 227 of dze Consl~tutlon. Seven ty - f ive

rupees.

Three hundred

rupees.

Seven hundred

and fifty

rupees.

Five hundred

rupees.

Qne hundred rupees.

Two hundred and fifty rupees.

Five hundred rupees

One hundred rupees.

Two hundred rupees.

Onc thousand rupees.

Five hundred . rupees.

82

TAMILNADU GOVERNMENT GAZETTE EXI'KAUKLIINAK Y

-

(s) Application or petition presented to the High Court One hundred ' and not otherwise specifically provided for. rupees.

(t) Election petition questioning the election of a person in respect of-

(i) the office of member of a Panchayat; Two hundred and fifty

rupees.

(ii) the office of President or Vice-President of a Five hundred Panchayat; rupees.

(iii) the office of member of the Municipal Corpora- One thousand tion constituted under any law for the time rupees. being in force or of member of a Municipal

Council or a Panchayat Union Council;

(iv) the office of Mayor or Deputy Mayor of the Two thousand * Municipal Corporation constituted under any law and for the time being in force or of Chaimm or five hundred Vice-Chairman of a Municipal Council or a rupees. Panchayat Union Council.

12. Application for leave to sue as an indigent person. Ten rupees.

13. Application for leave to appeal as an indigent person;--

(i) when presented lo a District Court or a Sub-Court; Twenty rupees.

(5) when presented to the High Court Fifty rupees

14. (i) Bai bond or other instrument of obligation Five rupees. when filed in village courts

(ii) Bail bond or other instrument of obligation Twenty rupees. given in pursuance of an order made by a

Co~lrt or Magistrate under any section of the Code of Criminal Procedure, 1973, or the

Code of Civil Procedure, 1908 and not otherwise provided for in this Act.

15. Every copy of power of attorney when filed in any Twenty-five suit or proceeding. rupees.

16. Mukhtarnama, Vakalatnama or any paper signed by an advocate sigtllfying or intimating that he is retained for a party, when presented to,-

(i) any court other than the High Court, to any Five rupees. Collector or Magistrate or other executive officer.

(ii) the Government or the Appropriate Authority Eight rupees specified in the Notification under sub-section ( I ) of section 4 of the Tamil Nadu Board of Revenue Abolition Act, 1980 or a Chief Executive Authotlty.

(iii) the High Court Ten rupees.

(iv) the Government Ten rupees.

83

- - -- - 'I'AMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 303 ____.--

17. Agreement in writing stating a question t'ol the opinion

ol' (11e ('o~t1.t ~t~l(lcr the ('ode of(.'ivil I'rocr~tlure, 1008

(i) when presented to f 1)istrict Munsif s Cmrt or Two hundred when presented to the C'ity Civil Court of rupees. Chetmai or Sub-Court in a case where the value of the subject-matter does not exceed Rs.50,0001-

(ii) in any other case Five hundred rupees.

( i ) When the value of the property does not exceed Fifty rupees. Rs. 15,000.

(i i) When it exceeds Rs.15,000 but does not exceed One hundred Ks.30,000. rupees.

(iii) Whcn i t cxcccds lls.30,000 Two hundred rupees.

(iv) In other cases not covered by the above hundred categorisation. rupees.

19. For each memorandum of appearance in Crinlinal Courts-

(i) When filed in any court other than the Sessions Two rupees. Court and the High Court.

(ii) When filed in a Sessions Court Three rupees.

(iii) When filed in the High Court. Five rupees.

22. The provisions of sections 7,9,22,23,25,26,27,28,29,30, 31,37,39,45,46,47, Revival of

50, 64, 65, 81 of, and Schedule I and Schedule I1 to, the principal Act which were in force Sections '* 91

22, 23, 25, 26,

immediately before the 8Ih day of Augvst 2002 shall, for al! purposes, be deemed to have 27, 29, 29, 30,

been revived on and from the 81h day of August 2002 as if the said provisions were not 3 1 , 37, 3(,; 45,

omitted or amended, as the case may be, by the Tamil Nadu Court-fees and Suits Valuation 46, 47, 50. 64.

(Anicndment and Suspension of Operation) Act, 2002. 65, 81. Sche- dule I and

Schedule 11.

23. Notwithstanding the suspension of the operation o f se:tions 2, 3, 4, 5, 6, 7, 8, 9, Validation

10, 1 1, 12, 13, 14, 15, 16, 17, 18, 19,20,2 1 and 24 (1) any Court-fees levied during the period commencing on the 81h day of August 2002 and ending with the 5Ih day of. September 2002, shall be deemed to have been validly levied under the principal Act as if the amendments made to the principal Act by the Tamil Nadu Court-fees and S i t s Valuation (Amendment and Suspe~lsion of Operation) Act, 2002 were in force oc the date of such levy. I; Nadu

I l of

I! 2, Nadu llnancc 4

1002

1 Nadu

7

24. ( I ) The Tavil Nadu Court-fees and Suits Valuation (Amendment) Act, 1982 is Repeal and

hereby repealed. saving.

(2 ) The Tamil Niidu Court-fees and Suits Valuation (Amendment) Ordinance, 2002 and the 'I'arnil Nadu Court-fees and Suits Valuation (Amendment) Suspension of Operation Ordinance. 2002 are heret~y repealed.

84

( 3 ) Notwitl~.;\alltlill~~ t h i s r.cp~.al ~11ni1er s~il7-~.;cctic,il ( 2 ) . ; I II>I~II!I!! (i.!:Li. 01, illly i l ~ t t o t ! take11 under tlic. prinillr:il /\ ~ .

I P 1

I

- 7 - 1111 . T* a ;-1

NADU GOVERNMENT GAZET?'

T A M I L N A D U G O V E R N M E N T G A Z E T T E E X T R A O R D I N A R Y - 83

I

TAM1 L NADll G O V E R N M E N T GAZETTE EXTRAORDINARY . - 85

( 2 ) (3 )

( I ) I : ( 2 ) (3) ' ,

RF: , , 7 ' A M l l NAT)I J GOVERNMENT GAZETTE EXTRAORDINARY

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 203

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* The following Act of the Tamil Nadu Legislative Assembly received^the assent of the Governor on the 27th February 2016 and is hereby published for general information:-

o

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY z-\) Tamil Nadu

26 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 27

28 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY²⁹