Bihar act 007 of 1870 : The COURT-FEES ACT, 1870

THE COURT-FEES ACT, 1870 __________

ARRANGEMENT OF SECTIONS

__________

CHAPTER I

PRELIMINARY

SECTIONS

1. Short title. Extent of Act. Commencement of Act. 1A. Definition of "appropriate Government".

2. [Repealed.].

CHAPTER II

FEES IN THE HIGH COURTS AND IN THE COURTS OF SMALL CAUSES

AT THE PRESIDENCY-TOWNS

3. Levy of fees in High Courts on their original sides. Levy of fees in Presidency Small Cause Courts.

4. Fees on documents filed, etc., in High Courts in their extraordinary jurisdiction. In their appellate jurisdiction.

As courts of reference and revision.

5. Procedure in case of difference as to necessity or amount of fee.

CHAPTER III

FEES IN OTHER COURTS AND IN PUBLIC OFFICES

6. Fees on documents filed, etc., in Mufassal Courts or in public offices.

7. Computation of fees payable in certain suits.

(i) for money.

(ii) for maintenance and annuities .

(iii) for other movable property having a market-value.

(iv) (a) for movable property of no market-value.

(b) to enforce a right to share in joint family property.

(c) for a declaratory decree and consequential relief.

(d) for an injunction.

(e) for easements.

(f) for accounts.

(v) for possession of land, houses and gardens. Proviso as to Bombay Presidency.

for houses and gardens .

(vi) to enforce a right of pre-emption.

(vii) for interest of assignee of land-revenue.

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SECTIONS

(viii) to set aside an attachment.

(ix) to redeem. to foreclose.

(x) for specific performance .

(xi) between landlord and tenant.

8. Fee on memorandum of appeal against order relating to compensation.

9. Power to ascertain net profits or market-value.

10. Procedure where net profits or market-value wrongly estimated.

11. Procedure in suits for mesne profits or account when amount decreed exceeds amount claimed.

12. Decision of questions as to valuation.

13. Refund of fee paid on memorandum of appeal.

14. Refund of fee on application for review of judgment.

15. Refund where Court reverses or modifies its former decision on ground of mistake.

16. Refund of fee.

17. Multifarious suits.

18. Written examinations of complainants.

19. Exemption of certain documents.

CHAPTER IIIA

PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION

19A. Relief where too high a court-fee has been paid. 19B. Relief where debts due from a deceased person have been paid out of his estate. 19C. Relief in case of several grants.

19D. Probates declared valid as to trust-property though not covered by court-fee. 19E. Provision for case where too low a court-fee has been paid on probates, etc. 19F. Administrator to give proper security before letters stamped under section 19E. 19G. Executors, etc., not paying full court-fee on probates, etc., within six months after discovery of under-payment.

19H. Notice of applications for probate or letters of administration to be given to Revenue- authorities, and procedure thereon.

19I. Payment of court-fees in respect of probates and letters of administration. 19J. Recovery of penalties, etc.

19K. Sections 6 and 28 not to apply to probates or letters of administration.

CHAPTER IV

PROCESS-FEES

20. Rules as to cost of processes. Confirmation and publication of rules.

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SECTIONS

21. Tables of process-fees.

22. Number of peons in District and subordinate Courts. Number of peons in Mufassal Small cause Courts.

23. Number of peons in Revenue Courts.

24. [Repealed.].

CHAPTER V

OF THE MODE OF LEVYING FEES

25. Collection of fees by stamps.

26. Stamps to be impressed or adhesive.

27. Rules for supply, number, renewal and keeping accounts of stamps.

28. Stamping documents inadvertently received.

29. Amended document.

30. Cancellation of stamp.

CHAPTER VI

MISCELLANEOUS

31. [Repealed.].

32. [Repealed.].

33. Admission in criminal cases of documents for which proper fee has not been paid.

34. Sale of stamps.

35. Power to reduce or remit fees.

36. Saving of fees to certain officers of High Courts. SCHEDULE I.— AD VALOREM FEES

TABLE OF RATES OF AD VALOREM FEES LEVIABLE ON THE

INSTITUTION OF SUITS.

SCHEDULE II. — FIXED FEES SCHEDULE III. — FORM OF VALUATION (TO BE USED WITH SUCH MODIFICATIONS, IF ANY,

AS MAY BE NECESSARY)

ANNEXURE A.— VALUATION OF THE MOVABLE AND IMMOVABLE

PROPERTY OF DECEASED.

ANNEXURE B.—SCHEDULE OF DEBTS, ETC.

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THE COURT-FEES ACT, 1870

ACT NO. 7 OF 1870¹

[11th March, 1870.]

CHAPTER I

PRELIMINARY

1. Short title.—This Act may be called the Court-fees Act, 1870.

Extent of Act.—It extends to the whole of India except²[the territories which, immediately before the 1st November, 1956, were comprised in Part B States];

Commencement of Act.—And it shall come into force on the first day of April, 1870. 3 [1A. Definition of "appropriate Government".—In this Act "the appropriate Government"

means, in relation to fees or stamps relating to documents presented or to be presented before any officer serving under the Central Government, that Government, and in relation to any other fees or stamps, the State Government.]

4 2. ["Chief Controlling Revenue-authority" defined.] Rep. by the A. O. 1937.

1. It has been declared inapplicable to proceedings before officers making a settlement, and in certain other cases under the Sonthal Parganas Settlement Regulation, 1872 (Reg. 3 of 1872), s. 8, as amended by the Sonthal Parganas Justice and Laws Regulation, 1899 (Reg. 3 of 1899).

It has been extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 1-7-1965), to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch., and to the whole of Union territory of Lakshadweep by Reg. 8 of 1863, s. 3 and Sch., with modification (w.e.f. 1-10-1967).

It has been amended in—

Ajmer-Merwara by Act 31 of 1930;

Assam by Assam Acts 4 of 1922, 3 of 1932, 18 of 1947, 8 of 1950, 27 of 1954, 22 of 1955, 3 of 1958, 19 of 1958, 12 of 1960 and 28 of 1972;

Bengal by Bengal Acts 3 of 1898, 4 of 1922, 6 of 1922, 7 of 1935, 11 of 1935 and 3 of 1941;

Bihar by Bihar Acts 17 of 1939 and 7 of 1958.

Bihar and Orissa by B. & O. Act 2 of 1922;

Bombay by Bombay Acts 2 of 1932 and 15 of 1943;

C.P. by C.P. Act 16 of 1935;

C.P. and Berar by C.P. and Berar Acts 9 of 1938, 16 of 1940, 9 of 1941, 5 of 1945 and 7 of 1948 and M.P. Acts 4 and 38 of 1950, 13 and 22 of 1951 and 9 of 1953;

Himachal Pradesh by H.P. Act 4 of 1952;

Madras by Madras Acts 5 of 1922 and 17 of 1945;

Orissa by Orissa Acts 5 of 1939, 4 of 1945, 13 of 1957, 12 of 1974 and 55 of 1975;

Punjab by Act 17 of 1887 and Punjab Acts 7 of 1922, 1 of 1942, E.P. Act 26 of 1949 and Pun. Act 31 of 1953, 19 of 1957, 20 of 1960 and 9 of 1979;

U.P. by U.P. Acts 12 of 1922, 3 of 1933, 2 of 1936, 19 of 1938, 9 of 1941, 14 of 1942, 8 of 1943, 5 of 1944, 14 of

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STATE AMENDMENT

Orissa

Amendment of section 2 of Act (7 of 1870).—For section 2 of the Court Fees Act, 1870, hereinafter called the principal Act, the following section shall be substituted:—

"2. Definition.—In this Act, unless there is anything repugnant in the subject or context,—

(1) 'appeal' includes a cross objection;

(2) 'suit' includes an appeal from a decree except in section 8-A."

[Vide Orissa Act 5 of 1939, s. 3]

CHAPTER II

FEES IN THE HIGH COURTS AND IN THE COURTS OF SMALL CAUSES

AT THE PRESIDENCY-TOWNS

3. Levy of fees in High Courts on their original sides.—The fees payable for the time being to the clerks and officers (other than the Sheriffs and attorneys) of¹[the²[High Courts other than those of Kerala, Mysore and Rajasthan]],

or chargeable in each of such Courts under No. 11 of the first, and Nos. 7, 12, 14,³*** 20 and 21 of the second, schedule to this Act annexed;

Levy of fees in Presidency Small Cause Courts.—and the fees for the time being chargeable in the Courts of Small Causes at the⁴presidency-towns, and their several offices; shall be collected in manner hereinafter appearing.

4. Fees on documents filed, etc., in High Courts, in their extraordinary jurisdiction.—No document of any of the kinds specified in the first or second schedule to this Act annexed, as chargeable with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, any of the said High Courts in any case coming before such Court in the exercise of its extraordinary original civil jurisdiction;

or in the exercise of its extraordinary original criminal jurisdiction;

In their appellate jurisdiction.—or in the exercise of its jurisdiction as regards appeals from the 5 [judgments (other than judgments passed in the exercise of the ordinary original civil jurisdiction of the Court) of one] or more Judges of the said Court, or of a Division Court;

or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence;

As Courts of reference and revision.—or in the exercise of its jurisdiction as a Court of reference or revision;

unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said schedules as the proper fee for such document.

STATE AMENDMENT

Uttar Pradesh Amendment of section 4 of Act VII of 1870.—In the marginal heading to the first clause of section 4 of the Court Fees Act, 1870, as amended from time to time in its application to Uttar Pradesh for the words "in the High Courts in their ordinary or extraordinary jurisdiction " shall be substitution. [Vide Uttar Pradesh Act X of 1959, s. 2]

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Amendment of section 4 of Act VII of 1870.—In section 4 of the Court Fees Act, 1870, as amended from time to time in its application to Uttar Pradesh—

(1) for the words "any of the said High Courts", the words "the High Court of Judicature at Allahabad" shall be substituted;

(2) between the words "in the exercise of its" and the words "extraordinary original civil jurisdiction", the words "ordinary or" shall be inserted;

(3) between the words "in the exercise of its" and the words "extraordinary original criminal jurisdiction", the words "ordinary or" shall be inserted; and

(4) after the sub-paragraph "or in the exercise of its jurisdiction as a Court of reference or revision", the following sub-paragraphs shall be added—

"Or in the exercise of its jurisdiction to issue direction the exercise of nation, orders or writs under the jurisdiction to issue Constitution of India;

Or in the exercise of jurisdiction in any other in the exercise of any other jurisdiction matter."

[Vide Uttar Pradesh Act X of 1959, s. 3]

5. Procedure in case of difference as to necessity or amount of fee.—When any difference arises between the officer whose duty it is to see that any fee is paid under this Chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in any of the said High Courts, be referred to the taxing-officer, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the Chief Justice of such High Court, or of such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf.

When any such difference arises in any of the said Courts of Small Causes, the question shall be referred to the Clerk of the Court, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the first Judge of such Court.

The Chief Justice shall declare who shall be taxing-officer within the meaning of the first paragraph of this section.

CHAPTER III

FEES IN OTHER COURTS AND IN PUBLIC OFFICES

6. Fees on documents filed, etc., in Mufassal Courts or in public offices.—Except in the Courts hereinbefore mentioned, no document of any of the kinds specified as chargeable in the first or second schedule to this Act annexed shall be filed, exhibited or recorded in any Court of Justice, or shall be received or furnished by any public officer, unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said schedules as the proper fee for such document.

STATE AMENDMENT

Orissa

Amendment of section 6 of Act (7 of 1870).--Section 6 of the principal Act shall be re-numbered as sub-section (1) of section 6 and , after the said sub-section, the following sub-section shall be inserted:—

"(2) Notwithstanding anything contained in sub-section (1), the Provincial Government may, by notification, direct that a copy of a document, specified as chargeable in Schedules I and II to this Act annexed, shall be furnished by a public officer without payment of the fee indicated by either of the said Schedules as the proper fee for such copy and the copy so furnished shall be chargeable with the requisite fee only when it is filed, exhibited or recorded in any Court of justice or received by a public officer as mentioned in sub-section (1)."

[Vide Orissa Act 5 of 1939, s. 4]

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STATE AMENDMENT

Uttar Pradesh

Amendment of section 6 of Act (7 of 1870).—In section 6 of the Court Fees Act, 1870 as amended in its application to Uttar Pradesh, hereinafter, in this Chapter referred to as the principal Act,—

(a) in sub-section (1), in the first proviso, for the words "the United" Provinces Tenancy Act, 1939, or the United Provinces Land Revenue Act, 1901", the words "any law relation to land tenures or land revenue shall be substituted;

(b) in sub-section (6), for the words "Chief Inspector of Stamps" the words "Commission of Stamps" shall be substituted.

[Vide Uttar Pradesh Act 6 of 1980, s. 2]

Amendment of section 6-A.—In section 6-A of the principal Act, in sub-section (3), for the words "Chief Inspector of Stamps", the words "Commissioners of Stamps" shall be substituted. [Vide Uttar Pradesh Act 6 of 1980, s. 3]

Amendment of section 6-B.—In section 6-B of the principal Act, in sub-section (1), for the words "Chief Inspector of Stamps", the words "Commissioner of Stamps" shall be substituted. [Vide Uttar Pradesh Act 6 of 1980, s. 4]

7. Computation of fees payable in certain suits.—The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:—

for money.—(i) In suits for money (including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically)—according to the amount claimed:

for maintenance and annuities.—(ii) In suits for maintenance and annuities or other sums payable periodically—according to the value of the subject-matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year:

for other movable property having a market-value.—(iii) In suits for movable property other than money, where the subject-matter has a market-value—according to such value at the date of presenting the plaint:

(iv) In suits—

for movable property of no market-value.—(a) for movable property where the subject- matter has no market-value, as, for instance, in the case of documents relating to title,

to enforce a right to share in joint family property.—(b) to enforce the right to share in any property on the ground that it is joint family property,

for a declaratory decree and consequential relief.—(c) to obtain a declaratory decree or order, where consequential relief is prayed,

for an injunction.—(d) to obtain an injunction,

for easements.—(e) for a right to some benefit (not herein otherwise provided for) to arise out of land, and

for accounts.—(f) for accounts— according to the amount at which the relief sought is valued in the plaint or memorandum of appeal:

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In all such suits the plaintiff shall state the amount at which he values the relief sought¹***:

for possession of land, houses and gardens.—(v) In suits for the possession of land, houses and gardens—according to the value of the subject-matter; and such value shall be deemed to be— where the subject-matter is land, and—

(a) where the land forms an entire estate, or a definite share of an estate, paying annual revenue to Government,

or forms part of such an estate and is recorded in the Collector's register as separately assessed with such revenue,

and such revenue is permanently settled—

ten times the revenue so payable:

(b) where the land forms an entire estate, or a definite share of an estate, paying annual revenue to Government, or forms part of such estate and is recorded as aforesaid; and such revenue is settled, but not permanently—

five times the revenue so payable:

(c) where the land pays no such revenue, or has been partially exempted from such payment, or is charged with any fixed payment in lieu of such revenue,

and nett profits have arisen from the land during the year next before the date of presenting the plaint— fifteen times such nett profits:

but where no such nett profits have arisen therefrom— the amount at which the Court shall estimate the land with reference to the value of similar land in the neighbourhood :

(d) where the land forms part of an estate paying revenue to Government, but is not a definite share of such estate and is not separately assessed as above-mentioned—the market-value of the land:

Proviso as to Bombay Presidency.—Provided that, in the²territories subject to the Governor of Bombay in Council, the value of the land shall be deemed to be—

(1) where the land is held on settlement for a period not exceeding thirty years and pays the full assessment to Government—a sum equal to five times the survey-assessment;

(2) where the land is held on a permanent settlement, or on a settlement for any period exceeding thirty years, and pays the full assessment to Government—a sum equal to ten times the survey-assessment; and

(3) where the whole or any part of the annual survey-assessment is remitted—a sum computed under paragraph (1) or paragraph (2) of this proviso, as the case may be, in addition to ten times the assessment, or the portion of assessment, so remitted. Explanation.—The word "estate", as used in this paragraph, means any land subject to the payment of revenue, for which the proprietor or a farmer or raiyat shall have executed a separate engagement to Government, or which, in the absence of such engagement, shall have been separately assessed with revenue:

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for houses and gardens.—(e) Where the subject-matter is a house or garden according to the market-value of the house or garden:

to enforce a right of pre-emption.—(vi) In suits to enforce a right of pre-emption-according to the value (computed in accordance with paragraph (v) of this section) of the land, house or garden in respect of which the right is claimed:

for interest of assignee of land revenue.—(vii) In suits for the interest of an assignee of land revenue—fifteen times his net profits as such for the year next before the date of presenting the plaint:

to set aside an attachment.—(viii) In suits to set aside an attachment of land or of an interest in land or revenue—according to the amount for which the land or interest was attached:

Provided that, where such amount exceeds the value of the land or interest, the amount of fee shall be computed as if the suit were for the possession of such land or interest.

to redeem.—(ix) In suits against a mortgagee for the recovery of the property mortgaged.

to foreclose.—and in suits by a mortgagee to foreclose the mortgage, or, where the mortgage is made by conditional sale, to have the sale declared absolute—

according to the principal money expressed to be secured by the instrument of mortgage :

for specific performance.—(x) In suits for specific performance—

(a) of a contract of sale—according to the amount of the consideration :

(b) of a contract of mortgage—according to the amount agreed to be secured :

(c) of a contract of lease—according to the aggregate amount of the fine or premium (if any) and of the rent agreed to be paid during the first year of the term :

(d) of an award—according to the amount or value of the property in dispute :

between landlord and tenant.— (xi) In the following suits between landlord and tenant:—

(a) for the delivery by a tenant of the counterpart of a lease,

(b) to enhance the rent of a tenant having a right of occupancy,

(c) for the delivery by a landlord of a lease, 1 [(cc) for the recovery of immovable property from a tenant, including a tenant holding over after the determination of a tenancy,]

(d) to contest a notice of ejectment,

(e) to recover the occupancy of²[immovable property] from which a tenant has been illegally ejected by the landlord, and

(f) for abatement of rent— according to the amount of the rent of the²[immovable property] to which the suit refers, payable for the year next before the date of presenting the plaint.

STATE AMENDMENT

Orissa

Amendment of section 7 of Act (7 of 1870).—In section 7 of the principal Act, for the words "in the suits next hereinafter mentioned" the words "in the suits next hereinafter mentioned except suits for relief under section 14 of the Religious Endowments Act, 1863, or under section 91 or section 92 of the Code of Civil Procedure, 1908", shall be substituted.

[Vide Orissa Act 5 of 1939, s. 5]

1. Ins. by Act 6 of 1905, s. 2 (1).

2 . Subs. by s. 2 (2 ), ibid., for "land".

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Amendment of section 7 of Act (7 of 1870).—In section 7ii of the principal Act, after the words

"shall be deemed to be the words" "in suits for maintenance five times and in other suits" shall be inserted.

[Vide Orissa Act 5 of 1939, s. 6]

Amendment of section iv of Act (7 of 1870).—Clause (b) of section 7iv of the principal Act shall be omitted.

[Vide Orissa Act 5 of 1939, s. 7]

Insertion new paragraph in section 7 of Act (7 of 1870).—In section 7 of the principal Act after paragraph iv the following paragraph shall be inserted:—

"iv-A. in a suit for cancellation of a decree for money or other property having a money -value , or other document securing money or other property having such value, According to the value of the subject-matter of the suit, and such value shall be deemed to be— if the whole decree or other document is sought to be cancelled, the amount or the value of the property for which the decree was passed or the other document executed, if a part of the decree or other document is sought to be cancelled, such part of the amount or value of the property.

Explanation.—In any case where a suit for the cancellation of a whole decree for money or other property having a money value, or other document securing money or other property having such value has to be instituted, but the substantial relief claimed is only in respect of a part of the amount or the decree was passed or the other document as executed, the value of the subject matter of the suit shall be deemed to be such part of the amount or value of the property in respect of which the relief is sought."

[Vide Orissa Act 5 of 1939, s. 8]

Amendment paragraph v of section 7 of Act (7 of 1870).—In paragraph v of section 7 of the principal Act,

(1) in clause (a), for the word "ten" the word "ten" shall be substituted;

(2) in clause (b), for the word "five" the word "ten" shall be substituted;

(3) the following proviso shall be inserted after the existing proviso:—

"Provided further that in suits for possession of land if rules are framed under section 3 of the Suits Valuation Act, 1887 (7 of 1887), for determining the value for the purposes of jurisdiction, the value so determined shall be deemed to be the value of the hand for the purposes of this paragraph ; and

(4) the existing Explanation shall be re-numbered as Explanation I, and, after the Explanation so re-numbered, the following Explanation shall be added, namely:—

"Explanation II.—In this paragraph, 'building' includes a house, out-house, stable, privy, urinal, shed, hut, wall, and any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever."

[Vide Orissa Act 5 of 1939, s. 9]

Insertion of new paragraph vi-A in section 7 of Act (7 of 1870).—In section 7 of the principal Act after paragraph vi the following paragraph shall be inserted:—

"vi-A. In suits for partition and separate possession of a share of joint family property or of joint property, or to enforce a right to a share in any property on the ground that it is joint family property or joint property—

if the plaintiff alleges that he has been excluded from possession of the property of which he claims to be a coparcener or co-owner-according to the market-value of the share in respect of which the suit is instituted.

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Explanation.—The word "possession" for the purposes of this paragraph includes constructive possession."

[Vide Orissa Act 5 of 1939, s. 10]

Haryana Amendment of section 7 of Act 7 of 1870.— In section 7 of the Court Fees Act, 1870 (hereinafter referred to as the principal Act),—

(a) in the first proviso to clause (iv), for the words "thirteen rupees", the words `twenty-five rupees' shall be substituted ; and

(b) for clause (v), the following clause shall be substituted, namely :—

"(v) in suits for the possession of land, houses and gardens, according to the value of the subject matter ; and such value shall be deemed to be,—

(a) where the subject matter is land, according to the market value thereof which shall be deemed to be,—

(i) in the case of land which is irrigated by perennial canal, two thousand rupees per acre ;

(ii) in the case of land which is irrigated by non-perennial canal or by well, one thousand and five hundred rupees per acre ;

(iii) in the case of land which is Barani, one thousand rupees per acre ;

(iv) in the case of land which is Sailab or Bhud, seven hundred and fifty rupees per acre ; and

(v) in the case of land which is Thur, Sem, Banjar or of like nature, five hundred rupees per acre ; and

(b) where the subject matter is house or garden, according to its market value ;".

[Vide Haryana Act 11 of 1974, s. 2]

Haryana Amendment of section 7 of Act 7 of 1870.—In section 7 of the Court Fees Act, 1870 (hereinafter referred to as the principal Act), for sub-clauses (a) and (b) of clause (r), the (following sub-clauses shall be substituted, namely :—

"(a) where the subject matter is land other than land situated within municipal limits or Abadi Deh whether under cultivation or not according to the market value thereof which shall be deemed to be,—

(i) in the case of land which is irrigated by perennial canal, sixty rupees per acre ;

(ii) in the case of land which is irrigated by non-perennial canal or by well, fifty rupees per acre ; and

(iii) in the case of land which is Barani, Sailab, Bhud, Thur, Sem, Banjar or of like nature, thirty rupees per acre ; and

(b) where the subject matter is house, garden, or land situated within municipal limits or Abadi Deh whether under cultivation or not, according to its market value ; ", [Vide Haryana Act 22 of 1974, s. 2]

8. Fee on memorandum of appeal against order relating to compensation.—The amount of fee payable under this Act on a memorandum of appeal against an order relating t o compensation under any Act for the time being in force for the¹acquisition of land for public

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purposes, shall be computed according to the difference between the amount awarded and the amount claimed by the appellant.

STATE AMENDMENT

Orissa

Insertion of new section 8A in Act (7 of 1870).--After section 8 of the principal Act, the following section shall be inserted:—

"8A. Statement of particulars of subject-matters of suits and plaintiff's valuation thereof.—In every suit in which an ad valorem court-fee is payable under this Act on the plaint, the plaintiff shall file with the plaint a statement of particulars of the subject-matter of the suit ad his own valuation thereof unless such particulars and the valuation are contained in the plaint. The statement shall be in such form and shall contain such particulars as may be prescribed by the Provincial Government by notification in the Gazette. In every such suit the plaintiff shall also, if the Court so directs, file a duplicate copy of the plaint and of the said statement".

[Vide Orissa Act 5 of 1939, s. 11]

Haryana Amendment of section 8 of central Act 7 of 1870.—To section 8 of the Court Fees Act, 1870, (hereinafter called the principal Act), the following proviso, shall be added, namely:--

"Provided that the fixed court fee of one hundred rupees shall be payable on the memorandum of a appeal or cross objections before the High Court arising under the Land Acquisition Act, 1984 or any other law for the time being in force for acquisition of land for public purposes.".

[Vide Haryana Act 3 of 1990, s. 2]

9. Power to ascertain nett profits or market-value.—If the Court sees reason to think that the annual nett profits or the market-value of any such land, house or garden as is mentioned in section 7, paragraphs (v) and (vi), have or has been wrongly estimated, the Court may, for the purpose of computing the fee payable in any suit therein mentioned, issue a commission to any proper person directing him to make such local or other investigation as may be necessary, and to report thereon to the Court.

10. Procedure where net profits or market-value wrongly estimated.—(i) If in the result of any such investigation the Court finds that the net profits or market-value have or has been wrongly estimated, the Court, if the estimation has been excessive, may in its discretion refund the excess paid as such fee: but, if the estimation has been insufficient, the Court shall require the plaintiff to pay so much additional fee as would have been payable had the said market-value or nett profits been rightly estimated.

(ii) In such case the suit shall be stayed until the additional fee is paid. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed.

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11. Procedure in suits for mesne profits or account when amount decreed exceeds amount claimed.—In suits for mesne profits or for immovable property and mesne profits, or for an account, if the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff valued the relief sought, the decree shall not be executed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount so decreed shall have been paid to the proper officer.

Where the amount of mesne profits is left to be ascertained in the course of the execution of the decree, if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be stayed until the difference between the fee actually paid and the fee which would have been payable had

1. Clause (iii) rep. by Act 12 of 1891, s. 3 and the First Schedule.

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the suit comprised the whole of the profits so ascertained is paid. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed.

STATE AMENDMENT

Orissa

Amendment of section 11 of Act (7 of 1870).—For the second paragraph of section 11 of the principal Act the following paragraphs shall be substituted:—

"Where a decree directs an enquiry as to mesne-profits which have accrued on the property during a period prior to the institution of the suit, if the profits ascertained on such inquiry exceed the profits claimed, no final decree shall be passed till the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits so ascertained is paid. If the additional fee is not paid within such time as the Court shall fix, the claim for the excess shall be dismissed, unless the Court, for sufficient cause, extends the time for payment. Where a decree directs an inquiry as to mesno-profits from the institution of the suit and a final decree is passed in accordance with the result of such inquiry, the decree shall not be executed until such fee is paid would have been payable on the amount claimed in execution if a separate suit had been instituted therefor."

[Vide Orissa Act 5 of 1939, s. 12]

12. Decision of questions as to valuation.—(i) Every question relating to valuation for the purpose of determining the amount of any fee chargeable under this Chapter on a plaint or memorandum of appeal, shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed, and such decision shall be final as between the parties to the suit.

(ii) But whenever any such suit comes before a Court of appeal, reference or revision, if such Court considers that the said question has been wrongly decided to the detriment of the revenue, it shall require the party by whom such fee has been paid to pay so much additional fee as would have been payable had the question been rightly decided, and the provisions of section 10, paragraph (ii), shall apply.

STATE AMENDMENT

Orissa

Amendment of section 12 of Act (7 of 1870).--(1) In section 12 of the principal Act, for paragraph ii, the following paragraph shall be substituted:—

"ii. But whenever any such suit comes before a Court of appeal, reference or revision, if such Court considers that the said question has been wrongly decided, it shall—

(a) in any case in which the decision is to the detriment of revenue, require the party by whom such fee has been paid, to pay so much additional fee as would have been payable had the question been rightly decided and thereafter—

(i) if the party required to pay is the appellant or petitioner, the appeal or petition shall be stayed until the additional fee is paid. If the additional fee is not paid within such time as the Court shall fix, the appeal or petition shall be dismissed;

(ii) if the party required to pay it's the respondent or the opposite party, the Court shall fix a date before which such party shall pay the amount of court fee due from him and, if such party fails to pay the fee required before the date fixed by the Court, the Court shall recover the amount of such fee from him as if it were an arrear of land revenue. Where the Court considers that the amount of such fee should be paid to the respondent or the opposite party by the appellant or the petitioner, as the case may be , the Court may provide for such payment in the order as to costs in the said appeal or petition; and

(b) in any case in which the decision is that any excess fee has been levied, direct the refund of so much excess fee to the party who paid it as would not have been payable had the question been rightly decided.

13

Explanation.—For the purposes of this section a question relating to the classification of any suit in regard to section 7 shall not be deemed to be a question relating to valuation."

[Vide Orissa Act 5 of 1939, s. 13]

13. Refund of fee paid on memorandum of appeal.—If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the¹Code of Civil Procedure, is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in²section 351 of the same Code, for a second decision by the lower Court, the Appellate Court shall grant to the appellant a certificate, authorizing him to receive back from the Collector the full amount of fee paid on the memorandum of appeal:

Provided that if, in the case of a remand in appeal, the order of remand shall not cover the whole of the subject-matter of the suit, the certificate so granted shall not authorize the appellant to receive back more than so much fee as would have been originally payable on the part or parts of such subject-matter in respect whereof the suit has been remanded.

STATE AMENDMENT

Orissa

Amendment of section 13.—In the Court-fees Act, 1870 (7 of 1870),—

(a) For the marginal heading to section 13, the following marginal heading shall be substituted, namely:—

"Refund of fee paid on memorandum of appeal and in cases where compromise or settlement has been arrived at by a Lok Adalat.";

(b) Section 13 shall be renumbered as sub-section (1) thereof and —

(i) In sub-section (1) as so renumbered, for the words and figures " the Code of Civil Procedure"

and "section 351 of the same Code", the words and figures " the Code Civil Procedure, 1908" and

"rule 23 of Order XLI of the First Schedule to the said Code" shall respectively be substituted; and

(ii) After sub-section (1) as so renumbered, the following new sub-section shall be inserted, namely:—

"(2) Where a compromise or settlement has been arrived at, by a Lok Adalat in a case referred to it under sub-section (1) of section 20 of the Legal Services Authorities Act, 1987 (39 of 1987), the Court by which the case was so referred to the Lok Adalat shall grant a certificate to the party or every party to the case who paid any court-fee in that case, authorizing him to receive back from the Collector the full amount of the fee so paid.".

[Vide Orissa Act 7 of 2002, s. 2]

Tripura Amendment of Section 13.—In section 13 of the principal Act, the expression "the Appellate Court shall grant to the appellant a certificate, authorizing him to receive back from the Collector the full amount of fee paid on the memorandum of appeal", shall be substituted with the expression "the Appellate Court shall grant to the appellant a certificate, authorizing him to receive back from the Collector or by way of electronic transfer in such manner as may be prescribed, the full amount of fee paid on the memorandum of appeal".

[Vide Tripura Act 17 of 2020, s. 2]

14

14. Refund of fee on application for review of judgment.—Where an¹application for a review of judgment is presented on or after the ninetieth day from the date of the decree, the Court, unless the delay was caused by the applicant's laches, may, in its discretion, grant him a certificate authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee which would have been payable had it been presented before²such day.

Tripura Amendment of Section 14.—In Section 14 of the principal Act, the expression "grant him a certificate authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee which would have been payable had it been presented before such day", shall be substituted with the expression "grant him a certificate authorizing him to receive back from the Collector or by way of electronic transfer in such manner as may be prescribed, so much of the fee paid on the application as exceeds the fee which would have been payable had it been presented before such day."

[Vide Tripura Act 17 of 2020, s. 3]

15. Refund where Court reverses or modifies its former decision on ground of mistake.—Where an application for a review of judgment is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authori sing him to receive back from the Collector so much of the fee paid on the³[application] as exceeds the fee payable on any other application to such Court under the second schedule to this Act, No. 1, clause ( b) or clause (d).

But nothing in the former part of this section shall entitle the applicant to such certificate where the reversal or modification is due, wholly or in part, to fresh evidence which might have been produced at the original hearing.

Tripura Amendment of Section 15.—In section 15 of the principal Act, the expression "the applicant shall be entitled to a certificate from the court authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee payable on any other application to such Court under the second schedule to this Act", shall be substituted with the expression "the applicant shall be entitled to a certificate from the court authorizing him to receive back from the Collector or by way of electronic transfer in such manner as may be prescribed, so much of the fee paid on the application as exceeds the fee payable on any other application to such court under the second schedule to this Act."

[Vide Tripura Act 17 of 2020, s. 4]

4 [16. Refund of fee.—Where the court refers the parties to the suit to any one of the mode of settlement of dispute referred to in section 89 of the Code of Civil Procedure, 1908 (5 of 1908), the plaintiff shall be entitled to a certificate from the court authorizing him to receive back from the collector, the full amount of the fee paid in respect of such plaint.]

Tripura Amendment of Section 16.—In Section 16 of the principal Act, the expression "the plaintiff shall be entitled to a certificate from the Court authorizing him to receive back from the Collector, the full amount of the fee paid in respect of such plaint", shall be substituted with the expression "the plaintiff shall be entitled to a certificate from the Court authorizing him to receive back from the Collector or by way electronic transfer in such manner as may be prescribed, the full amount of the fee paid in respect of such plaint."

[Vide Tripura Act 17 of 2020, s. 5]

15

17. Multifarious suits.—Where a suit embraces two or more distinct subjects, the plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees to which the plaints or memoranda of appeal in suits embracing separately each of such subjects would be liable under this Act.

Nothing in the former part of this section shall be deemed to affect the power conferred by the¹Code of Civil Procedure, section 9.

18.Written examinations of complainants.—When the first or only examination of a person who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other than an offence for which police-officers may arrest without a warrant, and who has not already presented a petition on which a fee has been levied under this Act, is reduced to writing under the provisions of the

2 Code of Criminal Procedure, the complainant shall pay a fee of eight annas, unless the Court thinks fit to remit such payment.

STATE AMENDMENT

Orissa

Amendment of section 18 of Act (7 of 1870).—In section 18 of the principal Act, for the words

"eight annas" the words "one rupee" shall be substituted. [Vide Orissa Act 5 of 1939, s. 14]

Insertion of a new section 18-A Act (7 of 1l870). —After section 18 of the Court Fees Act, 1870, as in force in the State of Orissa the following new section shall be inserted, namely:—

"18-A. Exemption to women.—(1) Notwithstanding anything contained in this Act no plaint in respect of a suit filed by a women, whose annual income does not exceed three thousand rupees, for maintenance or for enhancement of maintenance or for recovery of share in the estate of her deceased husband or parent in the family property and no petitions filed by any such women for divorce on ground of cruelty or other misconduct on the part of her husband shall be chargeable with court fees.

(2) The Court in which such plaint or petition is filed shall have power to make such inquiry as it deems fit for assessing the income of the plaintiff or the petitioner, as the case may be.".

[Vide Orissa Act 55 of 1975, s. 2]

19. Exemption of certain documents.—Nothing contained in this Act shall render the following documents chargeable with any fee:—

(i) Power-of-attorney to institute or defend a suit when executed³[by a member of any of the Armed Forces of the Union] not in civil employment.

4 * * * * *

(iii) Written statements called for by the Court after the first hearing of a suit. 5 * * * * *

(v) Plaints in suits tried by⁶village Munsifs in the Presidency of Fort St. George.

(vi) Plaints and processes in suits before District Panchayats in the same residency.

(vii) Plaints in suits before Collectors under Madras Regulation 12 of 1816.

(viii) Probate of a will, letters of administration,⁷[and, save as regards debts and securities a certificate under Bombay Regulation 8 of 1827], where the amount or value of the property in respect of which the probate or letters or certificate shall be granted does not exceed one thousand rupees.

(ix) Application or petition to a Collector or other officer making a settlement of land-revenue, or to a Board of Revenue, or a Commissioner of Revenue, relating to matters connected with the

16

assessment of land or the ascertainment of rights thereto or interests therein, if presented previous to the final confirmation of such settlement.

(x) Application relating to a supply for irrigation of water belonging to Government.

(xi) Application for leave to extend cultivation, or to relinquish land, when presented to an officer of land-revenue by a person holding, under direct engagement with Government, land of which the revenue is settled, but not permanently.

(xii) Application for service of notice of relinquishment of land or of enhancement of rent.

(xiii) Written authority to an agent to distrain.

(xiv) First application (other than a petition containing a criminal charge or information) for the summons of a witness or other person to attend either to give evidence or to produce a document or in respect of the production or filing of an exhibit not being an affidavit made for the immediate purpose of being produced in Court.

(xv) Bail-bonds in criminal cases, recognizances to prosecute or give evidence, and recognizances for personal appearance or otherwise.

(xvi) Petition, application, charge or information respecting any offence when presented, made or laid to or before a police-officer, or to or before the¹Heads of Villages or the²Village Police in the territories respectively subject to the Governors in Council of Madras and Bombay.

(xvii) Petition by a prisoner, or other person in duress or under restraint of any Court or its officers.

(xviii) Complaint of a public servant [as defined in the Indian Penal Code (45 of 1860)], a municipal officer, or an officer or servant of a Railway Company.

(xix) Application for permission to cut timber in Government forests, or otherwise relating to such forests.

(xx) Application for the payment of money due by Government to the applicant.

(xxi) Petition of appeal against the chaukidari assessment under³Act No. 20 of 1856, or against any municipal tax.

(xxii) Applications for compensation under any law for the time being in force relating to the 4 acquisition of property for public purposes.

(xxiii) Petitions presented to the Special Commissioner appointed under⁵Bengal Act No. 2 of 1869 (to ascertain, regulate and record certain tenures in Chota Nagpur.). [⁶(xxiv) (Petitions under the Indian Christian Marriage Act, 1872 (15 of 1872), sections 45 and

48.]

STATE AMENDMENT

Orissa

In section 19 of the Court-Fees Act, 1870 (7 of 1870) (hereinafter referred to as the principal Act) in clause (viii) for the words" one thousand rupees" the words "two thousand rupees" shall be substituted. [Vide Orissa Act 11 of 1967, s. 3]

17

1 [CHAPTER IIIA

PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION

19A. Relief where too high a court-fee has been paid.—Where any person on applying for the probate of a will or letters of administration has estimated the property of the deceased to be of greater value than the same has afterwards proved to be, and has consequently paid too high a court-fee thereon, if, within six months after the true value of the property has been ascertained, such person produces the probate or letters to the Chief Controlling Revenue-authority²[for the local area] in which the probate or letters has or have been granted, and delivers to such Authority a particular inventory and valuation of the property of the deceased, verified by affidavit or affirmation,

and if such Authority is satisfied that a greater fee was paid on the probate or letters than the law required,

the said Authority may—

(a) cancel the stamp on the probate or letters if such stamp has not been already cancelled;

(b) substitute another stamp for denoting the court-fee which should have been paid thereon; and

(c) make an allowance for the difference between them as in the case of spoiled stamps, or repay the same in money, at his discretion.

19B. Relief where debts due from a deceased person have been paid out of his estate.—

Whenever it is proved to the satisfaction of such Authority that an executor or administrator has paid debts due from the deceased to such an amount as, being deducted out of the amount or value of the estate, reduces the same to a sum which, if it had been the whole gross amount or value of the estate, would have occasioned a less court-fee to be paid on the probate or letters of administration granted in respect of such estate than has been actually paid thereon under this Act, such Authority may return the difference, provided the same be claimed within three years after the date of such probate or letters.

But when by reason of any legal proceeding, the debts due from the deceased have not been ascertained and paid, or his effects have not been recovered and made available, and in consequence thereof the executor or administrator is prevented from claiming the return of such difference within the said term of three years, the said Authority may allow such further time for making the claim as may appear to be reasonable under the circumstances.

19C. Relief in case of several grants.—Whenever ³

*** a grant of probate or letters of administration has been or is made in respect of the whole of the property belonging to an estate, and the full fee chargeable under this Act has been or is paid thereon, no fee shall be chargeable under the same Act when a like grant is made in respect of the whole or any part of the same property belonging to the same estate.

Whenever such a grant has been or is made in respect of any property forming part of an estate, the amount of fees then actually paid under this Act shall be deducted when a like grant is made in respect of property belonging to the same estate, identical with or including the property to which the former grant relates.

19D. Probates declared valid as to trust-property though not covered by court-fee.—The probate of the will or the letters of administration of the effects of any person deceased heretofore or hereafter granted shall be deemed valid and available by his executors or administrators for recovering, transferring or assigning, any movable or immovable property whereof or whereto the deceased was possessed or entitled, either wholly or partially as a trustee, notwithstanding the amount

1. Ins. by Act 13 of 1875, s. 6.

18

or value of such property is not included in the amount or value of the estate in respect of which a court-fee was paid on such probate or letters of administration.

19E. Provision for case where too low a court-fee has been paid on probates, etc.—Where any person on applying for probate or letters of administration has estimated the estate of the deceased to be of less value than the same has afterwards proved to be, and has in consequence paid too low a court-fee thereon, the Chief Controlling Revenue-authority¹[for the local area] in which the probate or letters has or have been granted may, on the value of the estate of the deceased being verified by affidavit or affirmation, cause the probate or letters of administration to be duly stamped on payment of the full court-fee which ought to have been originally paid thereon in respect of such value and of the further penalty, if the probate or letters is or are produced within one year from the date of grant, of five times, or, if it or they is or are produced after one year from such date, of twenty times, such proper court-fee, without any deduction of the court-fee originally paid on such probate or letters:

Provided that, if the application be made within six months after the ascertainment of the true value of the estate and the discovery that too low a court -fee was at first paid on the probate or letters, and if the said Authority is satisfied that such fee was paid in consequence of a mistake or of its not being known at the time that some particular part of the estate belonged to the deceased, and without any intention of fraud or to delay the payment of the proper court-fee, the said Authority may remit the said penalty, and cause the probate or letters to be duly stamped on payment only of the sum wanting to make up the fee which should have been at first paid thereon.

19F. Administrator to give proper security before letters stamped under section 19E.—In case of letters of administration on which too low a court-fee has been paid at first, the said Authority shall not cause the same to be duly stamped in manner aforesaid until the administrator has given such security to the Court by which the letters of administration have been granted as ought by law to have been given on the granting thereof in case the full value of the estate of the deceased had been then ascertained. 2 [19G. Executors, etc., not paying full court-fee on probates, etc., within six months after discovery of under-payment.—Where too low a court-fee has been paid on any probate or letters of administration in consequence of any mistake, or of its not being known at the time that some particular part of the estate belonged to the deceased, if any executor or administrator acting under such probate or letters does not, within six months³*** after the discovery of the mistake or of any effects not known at the time to have belonged to the deceased, apply to the said Authority and pay what is wanting to make up the court-fee which ought to have been paid at first on such probate or letters, he shall forfeit the sum of one thousand rupees and also a further sum at the rate of ten percent. on the amount of the sum wanting to make up the proper court-fee.]

4

[19H. Notice of applications for probate or letters of administration to be given to Revenue-authorities, and procedure thereon.—(1) Where an application for probate or letters of administration is made to any Court other than a High Court, the Court shall cause notice of the application to be given to the Collector.

(2) Where such an application as aforesaid is made to a High Court, the High Court shall cause notice of the application to be given to the Chief Controlling Revenue-authority⁵[for the local area in which the High Court is situated].

(3) The Collector within the local limits of whose revenue-jurisdiction the property of the deceased or any part thereof is, may at any time inspect or cause to be inspected, and take or cause to be taken copies of, the record of any case in which application for probate or letters of administration has been made; and if, on such inspection or otherwise, he is of opinion that the petitioner has under-estimated the value of the property of the deceased, the Collector may, if he thinks fit, require the attendance of the

19

petitioner (either in person or by agent) and take evidence and inquire into the matter in such manner as he may think fit, and, if he is still of opinion that the value of the property has been under-estimated, may require the petitioner to amend the valuation.

(4) If the petitioner does not amend the valuation to the satisfaction of the Collector, the Collector may move the Court before which the application for probate or letters of administration was made, to hold an inquiry into the true value of the property:

Provided that no such motion shall be made after the expiration of six months from the date of the exhibition of the inventory required by section 277 of the¹Indian Succession Act, 1865 (10 of 1865), or as the case may be, by section 98 of the¹Probate and Administration Act, 1881 (5 of 1881).

(5) The Court, when so moved as aforesaid, shall hold, or cause to be held, an inquiry accordingly, and shall record a finding as to the true value, as near as may be, at which the property of the deceased should have been estimated. The Collector shall be deemed to be a party to the inquiry.

(6) For the purposes of any such inquiry, the Court or person authori sed by the Court to hold the inquiry may examine the petitioner for probate or letters of administration on oath (whether in person or by commission), and may take such further evidence as may be produced to prove the true value of the property. The person authorised as aforesaid to hold the inquiry shall return to the Court the evidence taken by him and report the result of the inquiry, and such report and the evidence so taken shall be evidence in the proceeding, and the Court may record a finding in accordance with the report, unless it is satisfied that it is erroneous.

(7) The finding of the Court recorded under sub-section (5) shall be final, but shall not bar the entertainment and disposal by the Chief Controlling Revenue-authority of any application under section 19E.

(8) The State Government may make rules for the guidance of Collectors in the exercise of the powers conferred by sub-section (3).]

2 [19I. Payment of court-fees in respect of probates and letters of administration.—(1) No order entitling the petitioner to the grant of probate or letters of administration shall be made upon an application for such grant until the petitioner has filed in the Court a valuation of the property in the form set forth in the third schedule, and the Court is satisfied that the fee mentioned in No. 11 of the first schedule has been paid on such valuation.

(2) The grant of probate or letters of administration shall not be delayed by reason of any motion made by the Collector under section 19H, sub-section (4).]

2 [19J. Recovery of penalties, etc.— (1) Any excess fee found to be payable on any inquiry held under section 19H, sub-section (6), and any penalty or forfeiture under section 19G, may, on the certificate of the Chief Controlling Revenue-authority, be recovered from the executor or administrator as if it were an arrear of land-revenue by any Collector³***.

(2) The Chief Controlling Revenue-authority may remit the whole or any part of any such penalty or forfeiture as aforesaid, or any part of any penalty under section 19E or of any court-fee under section 19E in excess of the full court-fee which ought to have been paid.]

2 [19K. Sections 6 and 28 not to apply to probates or letters of administration.—Nothing in section 6 or section 28 shall apply to probates or letters of administration.]]

CHAPTER IV

PROCESS-FEES

20. Rules as to cost of processes.—The High Court shall, as soon as may be, make rules as to the following matters:—

(i) The fees chargeable for serving and executing processes issued by such court in its appellate jurisdiction, and by the other Civil and Revenue Courts established within the local limits of such jurisdiction;

1 . See now the Indian Succession Act, 1 925 (39 of 1 925).

2. Ins. by Act 11 of 1899, s 2.

3 . The words "in any part of British India" rep by the A.O. 1948.

20

(ii) the fees chargeable for serving and executing processes issued by the Criminal Courts established within such limits in the case of offences other than offences for which police-officers may arrest without a warrant; and

(iii) the remuneration of the peons and all other persons employed by leave of a Court in the service or execution of processes.

The High Court may from time to time alter and add to the rules so made.

Confirmation and publication of rules.—All such rules, alterations and additions shall, after being confirmed by the State Government¹***, be published in the Official Gazette, and shall thereupon have the force of law.

Until such rules shall be so made and published, the fees now leviable for serving and executing processes shall continue to be levied, and shall be deemed to be fees leviable under this Act.

21. Tables of process fees.—A table in the English and Vernacular languages, showing the fees chargeable for such service and execution, shall be exposed to view in a conspicuous part of each Court.

22. Number of peons in district and subordinate Courts.—Subject to rules to be made by the High Court and approved by the State Government²***,

every District Judge and every Magistrate of a district shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued out of his Court and each of the Courts subordinate thereto,

Number of peons in Mufassal Small Cause Courts.—and for the purposes of this section, every Court of Small Causes established under Act No. 11 of 1865 (to consolidate and amend the law relating to Courts of Small Causes beyond the local limits of the ordinary o riginal civil jurisdiction of the High Courts of Judicature)³shall be deemed to be subordinate to the Court of the District Judge.

23. Number of peons in Revenue Courts.—Subject to rules to be framed by the Chief Controlling Revenue-authority and approved by the State Government ²***, every officer performing the functions of a Collector of a district shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued out of his Court or the courts subordinate to him.

24. [Process served under this Chapter to be held to be process within meaning of Code of Civil Procedure .] Rep. by the Repealing and Amending Act , 1891 (12 of 1891),

STATE AMENDMENT

Uttar Pradesh Substitution of section 24-A.—For section 24-A for the principal Act, the following section shall be substituted, namely:—

"24-A. Control of Court fee and Stamp Commissioner.—(1) The levy of fees under this Act shall be under the general control and superintendence of the Chief Controlling Revenue Authority, who may be assisted in the supervision thereof by the Commissioner of Stamps and by as many Additional many Additional Commissioners of the Stamps, Deputy Commissioners of Stamps and Assistant Commissioners of Stamps as the State Government may appoint in the behalf or by any other subordinate agency appointed for the purpose.

(2) The Officers and the agency referred to in sub-section (1) shall have access to all records, and shall be furnished with all such information as may be required by them for the performance of their duties under this Act."

[Vide Uttar Pradesh Act 6 of 1980, s. 5]

1. The words "and sanctioned by the Governor General of India in Council" rep. by Act 38 of 1920, s. 2 and the First Schedule.

2 . The words "and the Governor General of India in Council" Rep. by Act 38 of 192 0, s. 2 and the First Schedule.

3. The reference to Act 11 of 1865 should now be read as referring to the Provincial Small Cause Courts Act, 1887 (9 of 1887); see s. 2(3) of that Act.

21

CHAPTER V

OF THE MODE OF LEVYING FEES

25. Collection of fees by stamps.—All fees referred to in section 3 or chargeable under this Act shall be collected by stamps.

STATE AMENDMENT

Meghalaya

Amendment section 25 of Central Act 7 of 1870.—In the Court Fees act, 1870 after section 25 the following new section shall be inserted as section 25A, namely:--

"25A. Notwithstanding anything contained in section 25 where,

(a) (i) the State Government, in relation to any area in the State, or

(ii) The Deputy Commissioner, in relation to any area in the district under his charge, is satisfied that on account of temporary shortage of stamps in any area, fees cannot be paid, and payment of fees cannot be indicated on documents by means of stamps, the State Government, or as the case may be, the Deputy Commissioner, may, by notification in the official Gazette, direct that, in such area and for such period as may be specified in such notification, the fees may be paid in cash in any Treasury or Sub-Treasury and shall, on production of a challan evidencing payment of fees in the Government treasury, certify by endorsement on the document in respect of which the fees is paid, that the fees have been paid, and state in the said endorsement the amount of the fees so paid.

(b) An endorsement made on any document under clause (a) shall have the same effect as if the fees of an amount equal to the amount stated in the endorsement had been paid in respect of, and such payment has been indicated on, such documents by means of stamps under section 25. [Vide Meghalaya Act 2 of 1972, s. 2]

Tripura Amendment of Section 25.— In Section 25 of the principal Act, the expression "stamps", shall be substituted with the expression "stamps or electronic transfer of payment to State Government in such manner as may be prescribed."

[Vide Tripura Act 17 of 2020, s. 6]

26. Stamps to be impressed or adhesive.—The stamps used to denote any fees chargeable under this Act shall be impressed or adhesive, or pertly impressed and partly adhesive, as the¹[appropriate Government] may, by notification in the Official Gazette, from time to time direct².

STATE AMENDMENT

Jammu and Kashmir (UT).—

Section 26 shall be numbered as sub-section (1) thereof, and after sub-section (1) so renumbered, insert the following sub-section, namely:—

(2) For the purposes of sub-section (1), and section 25, "stamp" means any mark, seal or endorsement by any agency or person duly authorised by the Appropriate Government, and includes an adhesive or impressed stamp, for the purposes of court fee chargeable under this Act. Explanation:—"impressed stamp" includes impression by a franking machine or another machine, or a unique number generated by e-stamping or similar software, as the Appropriate Government may, by notification in the official Gazette, specify".

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).]

22

Union Territory of Ladakh Section 26.—Numbered as sub-section (1) thereof, and after sub-section (1) as so numbered, insert-

'(2) For the purposes of sub-section (1), and section 25, "stamp" means any mark, seal or endorsement by any agency or person duly authorised by the Appropriate Government, and includes an adhesive or impressed stamp, for the purposes of court fee chargeable under this Act. Explanation 7.—The expression "impressed stamp" includes impression by a franking machine or another machine, or a unique number generated by e-stamping or similar software, as the Appropriate Government may, by notification in the Official Gazette, specify.'. Explanation 2.—The expression "e-stamping" means stamping using unique number or code through an electronic machine or a software application'.

[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020).]

Haryana Amendment of section 26 of Central Act 7 of 1870.—In section 26 of the Court Fees act, 1870, the following explanation shall be added, namely:--

"Explanation.—For the purposes of this section,-

(i) "stamp" means any mark, seal or endorsement by any agency or person duly authorized by the State Government and includes and adhesive or impressed stamp chargeable for the purposes of court fee under this Act; and

(ii) "impressed stamp" means an impression by a franking or any other machine, or e-stamping.".

[Vide Haryana Act 29 of 2016, s. 2]

27. Rules for supply, number, renewal and keeping accounts of stamps.—The ¹[appropriate Government] may, from time to time, make rules for regulating—

(a) the supply of stamps to be used under this Act;

(b) the number of stamps to be used for denoting any fee chargeabl e under this Act;

(c) the renewal of damaged or spoiled stamps; and

(d) the keeping accounts of all stamps used under this Act:

Provided that, in the case of stamps used under section 3 in a High Court, such rules shall be made with the concurrence of the Chief Justice of such Court.

All such rules shall be published in the Official Gazette, and shall thereupon have the force of law.

Tripura Amendment of Section 27.— Clause (a) of Section 27 of the principal Act, shall be substituted with the following-

"(a) the manner of supply of stamps or electronic transfer of payment of court-fee and refund thereof;"

[Vide Tripura Act 17 of 2020, s. 7]

28. Stamping documents inadvertently received.—No document which ought to bear a stamp under this Act shall be of any validity, unless and until it is properly stamped. But, if any such document is through mistake or inadvertence received, filed or used in any Court or office without being properly stamped, the presiding Judge or the head of the office, as the case may be,

23

or, in the case of a High Court, any Judge of such Court, may, if he thinks fit, order that such document be stamped as he may direct; and, on such document being stamped accordingly, the same and every proceeding relative thereto shall be as valid as if it had been properly stamped in the first instance.

STATE AMENDMENT

Orissa

Insertion a new section 28-A, Act (7 of 1870).—After section 28 of the Court Fees Act, 1870 the following new section shall be inserted, namely:—

"28-A. Recovery Deficient or unpaid court fees.---(1) If, on examination of the records of a Civil, Criminal or Revenue case which has been disposed of, a public officer finds that the fee payable under the Act or the rules made thereunder on any document filed, exhibited or recorded therein has not been paid or has been insufficiently paid, he shall report the fact to the presiding officer of the Court or to the revenue officer concerned.

(2) Such presiding officer or revenue officer, after satisfying himself of the correctness of such report, shall record a provisional finding that the proper fee has not been paid and determine the amount of fee payable and the person from whom the fee or the difference thereof, if any, shall be recoverable.

(3) After recording a finding under sub-section (2), the presiding officer or revenue officer shall issue a notice to the person referred to in that sub-section to show cause why he should not be ordered to pay the fee determined thereunder, and , if sufficient cause is not shown, the presiding officer or revenue officer shall confirm the finding and make an order requiring such person to pay the proper fee before a date to be specified in that notice.

(4) If such person fails to pay the fee in accordance with the notice issued under sub-section (3), it shall on the certificate of such presiding officer or revenue officer, be recoverable as an arrear of land revenue."

[Vide Orissa Act 13 of 1957, s. 2]

29. Amended document.—Where any such document is amended in order merely to correct a mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose a fresh stamp.

30. Cancellation of stamp.—No document requiring a stamp under this Act shall be filed or acted upon in any proceeding in any Court or office until the stamp has been cancelled. Such officer as the Court or the head of the office may from time to time appoint shall, on receiving any such document, forthwith effect such cancellation by punching out the figure -head so as to leave the amount designated on the stamp untouched, and the part removed by punching shall be burnt or otherwise destroyed.

Tripura Amendment of Section 30.—In Section 30 of the principal Act, after the existing text, the following proviso shall be added-

"Provided that, where court-fee is paid by electronic transfer of payment, the officer competent to cancel stamp shall verify the genuineness of the payment and after satisfying himself that the court- fee is paid, shall lock the entry in the computer and make an endorsement under his signature on the document that the court-fee is paid and the entry is locked".

[Vide Tripura Act 17 of 2020, s. 8]

Bihar Insertion of new Chapter V-A in Act VII of 1870.---After Chapter V of the Court-fees Act, 1870 (Act VII of 1870) (hereinafter referred to the said Act) the following Chapter and Section shall be inserted, namely:-

"Chapter V-A.-Levy of Additional Surcharge. 30-A. The fees leviable under the Act, shall be increased in each case by an additional surcharge at the rate of ten per centum of the amount of the Court Fees."

24

[Vide Bihar Act 20 of 1977, s. 2]

CHAPTER VI

MISCELLANEOUS

31. [Repayment of fees paid on applications to Criminal Courts.] Rep. by the Code of Criminal Procedure (Amendment) Act, 1923 (18 of 1923), s. 163.

32. [Amendment of Act 8 of 1859 and Act 9 of 1869.] Rep. by the Repealing and Amending Act, 1891 (12 of 1891).

33. Admission in criminal cases of documents for which proper fee has not been paid.—

Whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee has not been paid is, in the opinion of the presiding Judge, necessary to prevent a failure of justice, nothing contained in section 4 or section 6 shall be deemed to prohibit such filing or exhibition. 1 [34. Sale of stamps.—(1) The 2 [appropriate Government] may from time to time make rules for regulating the sale of stamps to be used under this Act, the persons by whom alone such sale is to be conducted, and the duties and remuneration of such persons.

(2) All such rules shall be published in the Official Gazette, and shall thereupon have the force of law.

(3) Any person appointed to sell stamps who disobeys any rule made under this section, and any person not so appointed who sells or offers for sale any stamp, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.]

35. Power to reduce or remit fees.—The²[appropriate Government] may, from time to time by notification in the Official Gazette, reduce or remit, in the whole or in any part of³[the territories under its administration], all or any of the fees mentioned in the first and second schedules to this Act annexed, and may in like manner cancel or vary such order.

STATE AMENDMENT

Orissa

Amendment of section 35 of Act (7 of 1870).—For section 35 of the principal Act, the following section shall be substituted:—

"35. Power to suspend, reduce or remit fees.—(1) The Provincial Government may from time to time subject to such conditions or restrictions as it may think fit to impose, by notification in the Gazette suspend the payment of or reduce or remit, in the whole of Orissa or in any part thereof, all or any of the fees mentioned in Schedules I and II to this Act annexed and may in like manner cancel or vary such order.

(3) The Provincial Government may from time to time by rules prescribe the manner in which any fee the payment of which is suspended under sub-section (1) may be realized and for this purpose direct that such fee may be recovered as if it were an arrear of land revenue."

[Vide Orissa Act 5 of 1939, s. 15]

Haryana Substitution of section 35 of Central Act 7 of 1870 .— For section 35 of the Court Fees Act, 1870 (hereinafter referred to as the principal Act), the following section shall be substituted, namely:—

"35. Power to remit or reduce fees.—The State Government may, subject to such conditions or restrictions as it may think fit to impose, by notification in the Official Gazette, reduce or remit in relation to all or any class of persons, in the whole or any part of the territories under its administration, all or any of the fees mentioned in the first and second schedules annexed to this Act and may in like manner cancel or vary such order."

1. Subs. by Act 12 of 1891, for section 34.

25

[Vide Haryana Act 27 of 1976, s. 2]

Bihar Substitution of new Section for Section 35 of Act VII of 1870. - For Section 35 of the said Act, the following Section shall be substituted, namely:-

"35. Power to remit or reduce Court-fees.---The State Government may, subject to such condition or restriction as it may think fit to impose, by order published in the Official Gazette, reduce or remit in relation to all or any class of persons, in the whole or any part of the State, all or any of the fees mentioned in the First and Second Schedules to this Act and may in like manner cancel or vary such order."

[Vide Bihar Act 20 of 1977, s. 3]

36. Saving of fees to certain officers of High Courts.—Nothing in Chapters II and V of this Act applies to the commission payable to the Accountant General of the High Court at Fort William, or to the fees which any officer of a High Court is allowed to receive in addition to a fixed salary.

STATE AMENDMENT

Haryana

Insertion of section 37 in Act 7 of 1870.— After section 36 of the principal Act, the following section shall be inserted, namely :—

"37. Fees in High Court.—Nothing contained in Schedules I and II to this act shall apply to the High Court of Punjab and Haryana and the provisions in that behalf applicable immediately before the 1^stday of November, 1966, shall continue to apply to the said High Court.".

[Vide Haryana Act 22 of 1974, s. 3]

26

SCHEDULE I

AD VALOREM FEES

Number ______ Proper Fee When the amount or value of the subject-matter in Six annas. dispute does not exceed five rupees.

When such amount or value exceeds five rupees, for Six annas. every five rupees, or part thereof, in excess of five rupees, up to one hundred rupees.

When such amount or value exceeds one hundred Twelve annas. rupees, for every ten rupees, or part thereof, in excess of one hundred rupees, up to one thousand rupees. When such amount or value exceeds one thousand Five rupees. rupees, for every one hundred rupees, or part thereof, in excess of one thousand rupees, up to five thousand rupees.

When such amount or value exceeds five thousand Ten rupees. rupees, for every two hundred and fifty rupees, or part thereof, in excess of five thousand rupees, up to ten

1.¹

Plaint²

[written statement thousand rupees. pleading a set-off or counter- When such amount or value exceeds ten thousand Fifteen rupees. claim] or memorandum of appeal rupees, for every five hundred rupees, or part thereof, in (not otherwise provided for in excess of ten thousand rupees, up to twenty thousand this Act)²[or of cross-objection] rupees.

presented to any Civil or When such amount or value exceeds twenty thousand Twenty rupees. Revenue Court except those rupees, for every one thousand rupees, or part thereof, in mentioned in section 3. excess of twenty thousand rupees, up to thirty thousand rupees.

When such amount or value exceeds thirty thousand Twenty rupees.

rupees, for every two thousand rupees, or part thereof, in

excess of thirty thousand rupees, up to fifty thousand

rupees.

When such amount or value exceeds fifty thousand Twenty-five

rupees, for every five thousand rupees, or part thereof, in rupees. excess of fifty thousand rupees:

Provided that the maximum fee leviable on a plaint or

memorandum of appeal shall be three thousand rupees.

2 . Plaint³

*** in a suit for A fee of one-half possession under⁴

[the Specific .. the amount Relief Act, 1877, section 9]. prescribed in the .. foregoing scale.

3 . [Repealed by the Indian Registration Act, 1871 (8 of

1871)].

4 . Application for review of The fee leviable judgment,⁵if presented on or after .. on the plaint or the ninetieth day from the date of memorandum of the decree. appeal.

5 . Application for review of One-half of the judgments,⁵if presented before the .. fee leviable on ninetieth day from the date of the the plaint or decree. memorandum of

appeal.

1. To ascertain the proper fee leviable on the institution of a suit, see the table annexed to this Schedule.

2. Ins. by Act 5 of 1908, s. 155 and the Fourth Schedule.

3. The words "or memorandum of appeal" rep. by Act 20 of 1870.

4. Subs. by Act 12 of 1891, s. 3 and the First Schedule for "Act No. 14 of 1859 (to provide for the limitation of suits)".

5 . As to application for review of judgment, see the Code of Civil Procedure, 1908 (Act 5 of 1908).

27

Number Proper Fee When such judgment or order is passed by any Civil Court other than a High Court, or by the presiding officer of any Revenue Court or office, or by any other Judicial or Executive

6. Copy or translation of a Authority—

judgment or order not being, or having the force of, a decree. (a) If the amount or value of the subject-matter is fifty or less Four annas. than fifty rupees.

(b) If such amount or value exceeds fifty rupees. Eight annas. When such judgment or order is passed by a High Court. One rupee. When such decree or order is made by any Civil Court other

7. Copy of a decree or order having than a High Court, or by any Revenue Court— the force of a decree. (a) If the amount or value of the subject-matter of the suit Eight annas. wherein such decree or order is made is fifty or less than fifty

rupees.

(b) If such amount or value exceeds fifty rupees. One rupee. When such decree or order is made by a High Court. Four rupees.

8. Copy of any document liable to (a) When the stamp-duty chargeable on the original does not The amount of the stamp-duty under the Indian Stamp exceed eight annas. duty chargeable on

Act, 1879¹, (1 of 1879), when left the original.

by any party to a suit or proceeding (b) In any other case. Eight annas.

in place of the original withdrawn.

For every three hundred and sixty words or fraction of three Eight annas.

9. Copy of any revenue or judicial hundred and sixty words. proceeding or order not otherwise provided for by this Act, or copy of any account, statement, report or the like, taken out of any Civil or Criminal or Revenue Court or office, or from the office of any chief officer charged with the executive administration of a Division.

..

10. [Rep. by the Guardians and Wards .. Act, 1890 (8 of 1890).]

3 [When the amount or value of the property in respect of which Two per centum on

the grant of probate or letters is made exceeds one thousand such amount or

rupees, but does not exceed ten thousand rupees. value.

When such amount or value exceeds ten thousand rupees, but Two and one-half

does not exceed fifty thousand rupees.

per centum on such

amount or value.

2 [11. Probate of a will or letters of When such amount or value exceeds fifty thousand rupees:

administration with or without will Three per centum

annexed. on such amount or

value.]

Provided that when, after the grant of a certificate under the

Succession Certificate Act, 1889 (7 of 1889), or under the

Regulation of the Bombay Code, No. 8 of 1827, in respect of

any property included in an estate, a grant of probate or

letters of administration is made in respect of the same

estate, the fee payable in respect of the letter grant shall be

reduced by the amount of the fee paid in respect of the

former grant.

28

Number ______ Proper Fee Two per centum on the 1 [12. Certificate under the In any case. amount or value of any Succession Certificate Act, 1889 (7 debt or security specified of 1889). in the certificate under

section 8 of the Act, and

three per centum on the

amount or value of any

debt or security to which

the certificate is extended

under section 10 of the

Act.

NOTE.—(1) The amount

of a debt is its amount,

inclu-ding interest, on the

day on which the inclusion

of the debt in the

certificate is applied for,

so far as such amount can

be asc-ertained.

(2) Whether or not any power with respect to a security specified in a certificate has been conferred under the Act, and, where such a power has been so conferred, whether the power is for the receiving of interest or dividends on, or for the negotiation or transfer, of the security, or for both purposes, the value of the security is its market-value on the day on which the inclusion of the security in the certificate is applied for, so far as such value can be ascertained.] The same fee as would

2

[12A. Certificate under the 3 [(1) As regards debts and securities. be payable in respect of Regulation of the Bombay Code a certificate under the

No. 8 of 1827. Succession Certificate

Act, 1889 (7 of 1889),

or in respect of an ext-

ension of such a cert-

ificate, as the case may

be.

(2) As regards other property in respect of which the certificate is granted—

When the amount or value of such property exceeds Two per centum on one thousand rupees, but does not exceed ten such amount or thousand rupees. value.

When such amount or value exceeds ten thousand Two and one-half per rupees, but does not exceed fifty thousand rupees. centum on such amount or value.

When such amount or value exceeds fifty thousand Three per centum on

rupees. such amount or

value.]]

1. Subs. by Act 7 of 1889, s. 13(1), for the article 12.

2. Subs. by s. 13(1), ibid., for article 12A.

3 These items were subs. by Act 7 of 1910, s. 2(ii).

29

Number ______ Proper Fee

1

13. Application to the 2

[High When the amount or value of the subject-matter in Two rupees. dispute does not exceed twenty-five rupees.

Court of Punjab] for the exercise

of its jurisdiction under

When such amount or value exceeds twenty-five

section 44 of the Punjab Courts rupees. The fee leviable on Act, 1918 (Punjab 6 of 1918) or a memorandum of to the Court of the Financial appeal.

Commissioner of Punjab for the

exercise of its revisional

jurisdiction under section 84 of

the Punjab Tenancy Act, 1887

(16 of 1887).

14. [Rep. by the A.O. 1937.]

15. [Rep. by the Repealing and Amending Act, 1923 (11 of 1923), s. 3 and Sch. II.]

1. Ins. by the Punjab Courts Act, 1884 (8 of 1884), s. 71, as amended by the Punjab Courts Act 1899 (25 of 1899), s. 6. Article 13 was rep. in the Punjab by s. 5 of the Punjab Courts (Amendment) Act, 1912 (Punjab 1 of 1912); but it has since been revived in this form by the Court-fees (Punjab Amendment) Act, 1922 (Punjab 7 of 1922).

2. Subs. by the A.O. 1948, for "High Court of Judicature at Lahore".

30

STATE AMENDMENT

Assam.

Amendment of Schedule 1 of Act 7 of 1870.—In Schedule I to the principal Act,— (1) for Article 1, the following shall be substituted, namely:—

Number Proper fee

(1) (2) (3)

"1. Plaint, written statement When the amount or value of the subject- fifty-five paise. pleading a set-off or counter- matter in dispute does not exceed one claim or memorandum of appeal hundred rupees, for every five rupees, or, (not otherwise provided for in part thereof of such amount or value; this Act) or, of cross-objection

presented to any Civil or

Revenue Court except those

mentioned in Section 3.

and

When such amount or value exceeds one One rupee and ninety-

hundred rupees, for every ten rupees or part five paise.

thereof, in excess of one hundred rupees up

to one hundred and fifty rupees;

and

When such amount or values exceeds one One rupee and forty

hundred and fifty rupees, for every ten paise.

rupees, or part thereof, up to one thousand

rupees;

and

When such amount or value exceeds one Eight rupees and

thousand rupees, for every one hundred twenty-five paise.

rupees, or part thereof in excess of one

thousand rupees, up to seven thousand five

hundred rupees;

and

When such amount or value exceeds seven Sixteen rupees and

thousand five hundred rupees, for every two fifty paise.

hundred and fifty rupees, or part thereof, in

excess of seven thousand five hundred

rupees, up to thousand rupees;

and

31

When such amount or value exceeds ten, Twenty-four rupees thousand rupees, for every five hundred and seventy-five rupees, or part thereof, in excess of ten paise. thousand rupees, up to twenty thousand

rupees;

and

When such amount or value exceeds twenty Thirty-three rupees. thousand rupees, for every one thousand

rupees, or part thereof in excess of twenty thousand rupees upto fifty thousand rupees; and

When such amount or value exceeds fifty Forty-one rupees and thousand rupees, for every five thousand twenty-five paise. rupees, or part thereof in exceess of fifty thousand rupees:

Provided that the maximum fee leviable on

a plaint or memorandum of appeal shall not

exceed eleven thousand rupees."

(2) for Articles 6, 7, 8 and 9 the following shall be substituted, namely: —

"6. Copy or translation of a When such judgment or order is passed by judgment or order not being or any Civil Court other than High Court, or by having the force of a decree. the Presiding Officer of any Revenue Court or officer

or by any other Judicial or Executive

Authority:

(a) if the amount or value of the subject- One rupee and ten matter is fifty or less than fifty rupees. paise. Two rupees and

(b) if such amount or value exceeds fifty twenty paise.

rupees.

(c) when such judgment or order is passed Four rupees and forty by a High Court. paise.

7. Copy of a decree or order When such decree or order is made by any having the force of a decree Civil Court other than a High, Court, or by any Revenue Court—

Two rupees and

(a) If the amount or value of the subject twenty paise.

matter of the suit wherein such decree or order is made is fifty or less than fifty rupees.

Three rupees and

(b) If such amount or value exceeds fifty thirty paise.

rupees.

Eight rupees and

(c) when such decree or order is made by twenty-five paise.

High Court.

32

8. Copy of any document liable The amount of the

(a) when the stamp-duty chargeable on to stamp-duty under the Indian duty chargeable on the Stamp Act, 1899 (Act 2 of 1899), the original does not exceed one rupee. original. when left by any party to a suit or

proceeding in place of the

original withdrawn.

One rupee and twenty

(b) In any other case. paise."

9. Copy of any revenue or One rupee and twenty For every three hundred and sixty words judicial proceeding or order not paise. otherwise provided for by this or fraction of three hundred and sixty Act, or copy of any account, words.

statement, report or the like,

taken out of any Civil or

Criminal or Revenue Court or

office or from the office of any

Chief Officer charged with the

executive administration of

Division.

[Vide Assam Act 28 of 1972, s. 2,]

33

34

35

36

37

38

39

STATE AMENDMENT

Assam

Table of Rates of Ad valorem Fees Leviable on the Institution of Suits

When the amount or value of the But does not exceed Proper fee subject matter exceeds

(1) (2) (3)

Rs. Rs. Rs. P.

" " 5 .55

5 10 1.10

10 15 1.65

15 20 2.20

20 25 2.75

25 30 3.30

30 35 3.85

35 40 4.40

40 45 4.95

45 50 5.50

50 55 6.05

55 60 6.60

60 65 7.15

65 70 7.70

70 75 8.25

75 80 8.80

80 85 9.35

85 90 9.90

90 95 10.45

95 100 11.00

100 110 12.95

110 120 14.85

120 130 16.80

130 140 18.70

140 150 20.55

150 160 21.95

40

When the amount or value of the But does not exceed Proper fee subject matter exceeds

(1) (2) (3)

Rs. Rs. Rs. P.

160 170 23.30

170 180 24.60

180 190 25.90

190 200 27.25

200 210 28.55

210 220 29.90

220 230 31.20

230 240 32.50

240 250 33.85

250 260 35.15

260 270 36.50

270 280 37.80

280 290 39.15

290 300 40.45

300 310 41.75

310 320 43.10

320 330 44.40

330 340 45.75

340 350 47.05

350 360 48.35

360 370 49.0

370 380 51.00

380 390 52.35

390 400 53.65

400 410 54.95

410 420 56.30

420 430 57.60

430 440 58.95

41

When the amount or value of the But does not exceed Proper fee subject matter exceeds

(1) (2) (3)

Rs. Rs. Rs. P.

440 450 60 25

450 460 61.55

460 470 62.90

470 480 64.20

480 490 65.55

490 500 66.85

500 510 68.15

510 520 69.50

520 530 70.80

530 540 72.15

540 550 73.45

550 560 74.75

560 570 76.10

570 580 77.40

580 590 78.75

590 600 80.05

600 610 81.35

610 620 82.70

620 630 84.00

630 640 85.35

640 650 86.65

650 660 87.95

660 670 89.30

670 680 90.60

680 690 91.95

690 700 93.25

700 710 94. 55

710 720 95.90

42

When the amount or value of the But does not exceed Proper fee subject matter exceeds

(1) (2) (3)

Rs. Rs. Rs. P.

720 730 97.20

730 740 98.55

740 750 99.85

750 760 101.15

760 770 102.50

770 780 103.80

780 790 105.15

790 800 106.45

800 810 107.75

810 820 109.10

820 830 110.40

830 840 111.75

840 850 113.05

850 860 114.35

860 870 115.70

870 880 117.00

880 890 118.35

890 900 119.65

900 910 120.95

910 920 122.30

920 930 123.60

930 940 124.95

940 950 126.25

43

Number Proper fee

(1) (2) (3)

5. Plaint or memorandum of appeal to a suit to establish or disprove a right of occupancy.

6. Bail-bond or other instrument obligation given in a pursuance of an order made by a Court One rupee or Magistrate under any section of the Code of and ten paise. Criminal Procedure, 1898 (Act V of 1898), or the Code of Civil Procedure, 1908 and not otherwise provided for by this Act.

7. Undertaking under section 49 of the Indian Divorce Act, 1869.

8. ...

9. ...

10. Mukhtarnama or Vakalatnama. When presented for the conduct of any one case—

(a) to any Civil or Criminal Court other One rupee than a High Court, or to any Revenue and ten paise. Court, or to any Collector or Magistrate, or other Executive Officer except such as are mentioned in clauses (b) and (c) of this Number;

(b) to a Commissioner of Revenue, Two rupees Circuit or Customs or to any officer and seventy- charged with the Executive five paise. Administration of a Division, not being the Chief Revenue or Executive

Authority;

(c) to a High Court, Chief Five rupees Commissioner, Board of Revenue, or and fifty other Chief Controlling Revenue or paise. Executive Authority, or an appellate Authority prescribed under the Motor Vehicles Act, 1939 (Act IV of 1939) or to an Appellate Authority prescribed under the Assam Sales Tax Act,

1947(Assam Act XVII of 1947).

44

Number Proper fee

(1) (2) (3)

11. Memorandum of appeal when the appeal (a) to any Civil Court other than a High Three rupees is not from a decree or an order having the Court, or to any Revenue Court or and thirty force of a decree, and is presented. Executive Officer other than the High paise. Court or Chief Controlling Revenue or

Executive Authority except an authority

specified in clause (b);

(b) to an Excise Appellate Authority Sixteen under Rule 340 of the Assam Excise rupees and Rules; fifty paise.

(c) to a High Court or Chief Eleven Commissioner or other Chief Controlling rupees. Executive or Revenue Authority except an Authority prescribed in clause (b);

(d) To an Excise Appellate Authority Fifty five under Rule 341 of the Assam Excise Rule rupees.

:

(e) to a High Court in miscellaneous Sixteen revenue matters except (f) below or to an rupees and Appellate Authority prescribed under the fifty paise. Motor Vehicles Act, 1939 (Act IV of

1939); and

(f) to a High Court in appeal and revision matters arising out of settlement of fishery—

(i) When the bid money is below ten Sixteen thousand rupees: rupees and

fifty paise.

(ii) When the bid money is above then Twenty- thousand rupees but below twenty seven rupees thousand rupees: and fifty

paise.

(iii) When the bid money is above Thirty-tree twenty thousand rupees. rupees.

12. Caveat... Eleven rupees.

13. Application under Act No. 10 of 1859, Five rupees section 26 or Bengal Act No. 6 of 1962, section and fifty 9 or Bengal Act No. 8 of 1869 section 37. paise. Number Proper fee

45

(1) (2) (3)

14. Petition in a suit under the Native Converts' Five rupees Marriage Dissolution Act, 1866.

and fifty

paise.

17. Plaint or memorandum of appeal in each of the following suits:--

(i) to alter or set aside a summary decision or order of any of the Civil Courts not established by Letters Patent or of any Sixteen Revenue Court; rupees and

(ii) to alter or cancel any entry in a register fifty paise. of the names of proprietors of revenue-

paying estates;

(iii) to obtain a declaration decree where no Twenty-two consequential relief is prayed; rupees.

(iv) to set aside an award; Sixteen rupees and

fifty paise.

(v) to set aside an adoption; Twenty--two rupees.

(vi) every other suit where it is not possible Sixteen to estimate at a money-value the subject- rupees and matter in dispute, and which is not other- fifty paise. wise provided for by this Act.

18. Application under section 14 or section 20, of When presented to a Munsif's Court. Sixteen the Indian Arbitration Act, 1940 (Act X of 1940),

for a direction for filing an award or for an order rupees and

for filing an agreement. fifty paise.

When presented to any other Court. Fifty-five

rupees.

19. Agreement in writing stating a question for Sixteen the opinion of the Court under the Code of Civil Procedure, 1908 (Act V of 1908). rupees and fifty paise.

20. Every petition under the Indian Divorce Act, Twenty-two 1869 (Act IV of 1869), except petitions under section 44 of the same Act, and every rupees. memorandum of appeal under section 55 of the same Act.

21. Plaint or memorandum of appeal under the Twenty-two Parsi Marriage and Divorce Act, 1865 (Act XV of 1865). rupees.]

[Vide Assam Act 27 of 1972 s. 3]

46

STATE AMENDMENT

Orissa

Amendment of Schedule I Act (7 of 1870).-In Schedule I to the principal Act for articles 11 and 12, the following articles shall be substituted, namely:--

Number		Proper fee
(1)	(2)	(3)
“11. Probate of a will or letters of administration with or without will annexed.	When the amount or value of the property in respect of which the grant of probate or letters is made exceeds two thousand rupees, on such amount or value up to ten thousand rupees. and When such amount or value exceeds ten thousand rupees, on the portion of such amount or value which is in excess of ten thousand rupees up to fifty thousand rupees. and When such amount or value exceeds fifty thousand rupees, on the portion of such amount or value which is in excess of fifty thousand rupees up to one lakh of rupees, and When such amount or value exceeds a lakh of rupees, on the portion of such amount or value which is in excess of one lakh of rupees: Provided that when, after the grant of a certificate under the Indian Succession Act, 1925 (39 of 1925) or under the Regulation of the Bombay Code No.8 of 1827, in respect of any property included in an estate, a grant of probate or letters of administration is made in respect of the same estate, the fee payable in respect of the latter grant shall be reduced by the amount of the fee paid in respect of the former grant.	Two per centum Three per centum Four per centum Five per centum

47

12. Certificate under the Indian When the amount or value of any Two per centum, and on the Succession Act, 1925. debt or security specified in the amount or value of any debt or certificate under section 374 of security to which the certificate is the Act, exceeds one thousand extended under section 376 of the rupees, on such amount or value Act, three per centum.

up to ten thousand rupees,

Number and year	Short title
(1)	(2)
Bihar and Orissa Act 1 of 1952	Bihar and Orissa Court-Fees (Amendment Act, 1922).
Madras Act V of 1922 Central Province Act XVI of 1935	Madras Court-Fees (Amendment) Act, 1922 Court- Fees (Central Provinces Amendment) Act, 1935.

48

When the amount or value of the subject-matter exceeds	But does not exceed	Proper fee.
1	2	3
Rs. 1,400 1,500 1,600 1,700 1,800 1,900 2,000 2,100 2,200 2,300 2,400 2,500 2,600 2,700 2,800 2,900 3,000 3,100 3,200	Rs. 1,500 1,600 1,700 1,800 1,900 2,000 2,100 2,200 2,300 2,400 2,500 2,600 2,700 2,800 2,900 3,100 3,200 3,300 3,300	Rs. a. p. 141 4 0 148 12 0 156 4 0 163 12 0 171 4 0 178 12 0 186 4 0 193 12 0 201 4 0 208 12 0 216 4 0 223 12 0 231 4 0 238 12 0 246 4 0 263 12 0 261 4 0 268 12 0 276 4 0

49

When the amount or value of the subject-matter exceeds	But does not exceed	Proper fee.
1	2	3
Rs. 850 860 870 880 890 900 910 920 930 940 950 960 970 980 990 1,000 1,100 1,200 1,300	Rs. 860 870 880 890 900 910 920 930 940 950 960 970 980 990 1,000 1,100 1,200 1,300 1,400	Rs. a. p. 88 0 0 89 2 0 90 4 0 91 6 0 92 8 0 93 10 0 94 12 0 95 14 0 97 0 0 98 2 0 99 4 0 100 6 0 101 8 0 102 10 0 103 12 0 111 4 0 118 12 0 126 4 0 133 12 0
When the amount or value of the subject-matter exceeds	But does not exceed	Proper fee.
1	2	3
Rs. 24.000	Rs 25,000	Rs. a. p. 1,341 4 0

50

25,000 26,000 27,000 28,000 29,000 30,000 32,000 34,000 36,000 38,000 40,000 42,000 44,000 46,000 48,000	26,000 27,000 28,000 29,000 30,000 32,000 34,000 36,000 38,000 40,000 42,000 44,000 46,000 48,000 50,000	1,371 4 0 1,401 4 0 1,431 4 0 1,461 4 0 1,491 4 0 1,521 4 0 1,551 4 0 1,581 4 0 1,661 4 0 1,641 4 0 1,671 4 0 1,701 4 0 1,731 4 0 1,761 4 0 1, 791 4 0
When the amount or value of the subject-matter exceeds	But does not exceed	Proper fee.
1	2	3
Rs. 85 90 95	Rs. 90 95 100	Rs. 6 12 0 7 2 0 7 8 0

51

100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260	110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270	8 8 0 9 8 0 10 8 0 11 8 0 12 8 0 13 8 0 14 8 0 15 8 0 16 8 0 17 8 0 18 8 0 19 8 0 20 8 0 21 8 0 22 8 0 23 8 0 24 8 0
When the amount or value of the subject-matter exceeds	But does not exceed	Proper fee.
1	2	3
Rs. 7,100 7,200 7,300 7,500	Rs. 7,200 7,300 7,500 7,600	Rs. a. p. 508 12 0 576 4 0 533 12 0

52

7,600 7,700 7,800 7,900 8,000 8,250 8,500 8,750 9,000 9,250 9,500 9,750 10,000 10,500 11,000 11,500 12,000	7,700 7,800 7,900 8,000 8,250 8,500 8,750 9,000 9,250 9,500 9,750 10,000 10,500 11,000 11,500 12,000 12,500	591 4 0 606 4 0 621 4 0 636 4 0 651 4 0 666 4 0 681 4 0 696 4 0 711 4 0 726 4 0 741 4 0 763 12 0 786 4 0 808 12 0 831 4 0 853 12 0
When the amount or value of the subject-matter exceeds	But does not exceed	Proper fee.
1	2	3
Rs. 660 670 680 690 700 710	Rs. 670 680 690 700 710 720	Rs. a. p. 66 10 0 67 12 0 68 14 0 70 0 0 71 2 0 72 4 0

53

720 730 740 750 760 770 780 790 800 810 820 830 840	730 740 750 760 770 780 790 800 810 820 830 840 850	73 6 0 74 8 0 75 10 0 76 12 0 77 14 0 79 0 0 80 2 0 81 4 0 82 0 0 83 8 0 84 10 0 85 12 0 86 14 0
When the amount or value of the subject-matter exceeds	But does not exceed	Proper fee.
1	2	3
Rs. 90 95 100 110 120 130 140 150	Rs. 95 100 110 120 130 140 150 160	Rs. a. p. 7 2 0 7 8 0 8 4 0 9 0 0 9 12 0 10 8 0 11 4 0 12 0 0

54

160 170 180 190 200 210 220 230 240 250 260 270 280	170 180 190 200 210 220 230 240 250 260 270 280 290	12 12 0 13 8 0 14 4 0 15 0 0 15 12 0 16 8 0 17 4 0 18 0 0 18 12 0 19 8 0 20 4 0 21 0 0 21 12 0
When the amount or value of the subject-matter exceeds	But does not exceed	Proper fee.
1	2	3
Rs. 290 300 310 320 330 340 350 360 370 380 390	Rs. 300 310 320 330 340 350 360 370 380 390 400	Rs. a. p. 22 8 0 23 4 0 24 0 0 24 12 0 25 8 0 26 4 0 27 0 0 27 12 0 28 8 0 29 4 0 30 0 0

55

400 410 30 12 0

410 420 31 8 0

420 430 32 4 0

430 440 33 0 0

440 450 33 12 0

450 460 34 8 0

460 470 35 4 0

470 480 36 0 0

480 490 36 12 0

490 500 37 8 0

56

SCHEDULE B.

(See Section 21).

(a) Table of rales and valorem fees leviable on plaints , etc., mentioned in Article 1 of Schedule I.

When the amount of value of the subject- matter exceeds.	But does not exceed.	Proper fee.
1	2	3
Rs. … 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80	Rs. 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85	Rs. a. p. 0 6 0 0 12 0 1 2 0 1 8 0 1 14 0 2 4 0 2 10 0 3 0 0 3 6 0 3 12 0 4 2 0 4 8 0 4 14 0 5 4 0 5 10 0 6 0 0 6 6 0

57

SCHEDULE A.

(See Section 2.)

Province year and number.	Title.	Extent of Repeal.
1	2	3
Bihar and Orissa Act I of 1922. Madras Act V of 1922. Central Provinces Act XVI of 1935.	Bihar and Orissa Court Fees (Amendment) Act, 1992. Madras Court Fees (Amendment) Act, 1922. Court Fees (Central Provinces Amendment) Act, 1935.	The whole Act, except sections 6,9, 10 and 13. The whole Act, except section 11 in respect of Articles 11 and 12 of Schedule I. The whole Act, except section 4 (e).
When the amount or value of the subject-matter exceeds	But does not exceed	Proper fee.
1	2	3
Rs. 3,300 3,400 3,500 3,600 3,700 3,800 3,900 4,000 4,100 4,200 4,300 4,400 4,500 4,600 4,700 4,800	Rs. 3,400 3,500 3,600 3,700 3,800 3,900 4,000 4,100 4,200 4,300 4,400 4,500 4,600 4,700 4,800 4,900	Rs. a. p. 283 12 0 291 4 0 298 12 0 306 4 0 313 12 0 321 4 0 328 12 0 336 4 0 343 12 0 351 4 0 358 12 0 366 4 0 373 12 0 381 4 0 388 12 0 396 4 0

58

4,900 5,000 403 12 0

5,000 5,100 411 4 0

5,100 5,200 418 12 0

[Vide Orissa Act 11 of 1967, s. 4]

Amendment of Article 1 of Schedule 1 (7 of 1870).--For Article 1 of Schedule I of the Principal Act the following Article shall be substituted:--

“Number.	—	Proper fee.
1.Plaint, written statement pleading a set- off or counter-claim or memorandum of appeal (not otherwise provided for in this Act) presented to any Civil or Revenue Court except those mentioned in section 3.	When the amount or value of the subject matter in dispute does not exceed five rupees. When such amount or value exceeds five rupees, for every five rupees, or part thereof , in excess of five rupees, up to one hundred rupees. When such amount or value exceeds one hundred rupees, for every ten rupees, or part thereof, in excess of one hundred rupees, up to five hundred rupees. When such amount or value exceeds five hundred rupees, for every ten rupees, or part thereof, in excess of five hundred rupees, up to one thousand rupees. When such amount or value exceeds one thousand rupees, for every one hundred rupees, or part thereof, in excess of one thousand rupees, up to seven thousand five hundred rupees. When such amount or value exceeds seven thousand five hundred rupees, for every two hundred and fifty rupees, or part thereof, in excess of seven thousand five hundred rupees, up to ten thousand rupees. When such amount or value exceeds ten thousand rupees, for every five hundred rupees, or part thereof, in excess of ten thousand rupees, up to twenty thousand rupees. When such amount or value exceeds twenty thousand rupees, for every one thousand rupees, or part thereof, in excess of twenty thousand rupees, up to thirty thousand rupees When such amount value exceeds thirty thousand rupees, for every two thousand rupees, or part thereof in excess of	Six annas. Six annas. One rupee. One rupee two annas. Seven rupees eight annas. Fifteen rupees. Twenty two rupees eight annas. Thirty rupees. Thirty rupees.

59

thirty thousand rupees, up to fifty thousand rupees.

When such amount or value exceeds fifty Thirty-seven rupees

thousand rupees for every five thousand eight annas."

rupees, or part thereof , in excess of fifty thousand rupees.

[Vide Orissa Act 5 of 1939, s. 16]

Insertion of new Articles 3 and 3A in Schedule 1 of Act VII of 1870.-- In Schedule I of the principal Act after Article 2, the following Articles shall be inserted:—

“3. Plaint, or written statement pleading a set-off or counterclaim in any suit of the nature cognizable by a court of small causes when the amount or value of the subject matter does not exceed Rs.500.	When the amount or value of the subject matter in dispute does not exceed five rupees. When such amount or value exceeds five rupees, for every five rupees, or part thereof, in excess of five rupees, up to one hundred rupees. When such amount or value exceeds one hundred rupees, for every ten rupees, or part thereof, in excess of one hundred rupees up to five hundred rupees. When such value exceeds three thousand rupees but does not exceed four thousand rupees.	Six annas. Six annas. Twelve annas. Fifty rupees .
3A. plaint or memorandum of appeal in each of the following suits:— (i)to obtain a declaratory decree where no consequential relief is prayed. (ii) to set aside an award. (iii) to obtain a declaration that an alleged adoption is invalid or never in fact took place or to obtain a declaration that an adoption is valid.	When such value exceeds four thousand rupees for every two thousand rupees, or part thereof, in excess of four thousand rupees, upto ten thousand rupees. When such value exceeds ten thousand rupees, for every ten thousand rupees, or part thereof in excess of ten thousand rupees, up to fifty thousand rupees. When such value exceeds fifty thousand rupees, for every fifty thousand rupees, or part thereof, in excess of fifty thousand rupees.	Fifty rupees. Fifty rupees. One hundred rupees.”

[Vide Orissa Act 5 of 1939, s. 17]

Amendment of Article 6 of Schedule I of Act VII of 1870.—In the third column of Article 6 of Schedule I of the principal Act—

(a) for the words "four annas" the words "six annas" shall be substituted;

(b) for the words "eight annas" the words "twelve annas" shall be substituted;

(c) for the words "one rupee" the words "one rupee eight annas" shall be substituted. [Vide Orissa Act 5 of 1939, s. 18]

Amendment of Article 7 of Schedule I of Act VII of 1870. —For Article 7 of Schedule I of the principal Act the following Article shall be substituted:—

"copy of decree or order When such decree or order is made by a having the fore of a decree. Munsif's Court or a Court of Small Causes, or a Revenue Court—

(a) If the amount or value of the E i g h t annas. subject-matter of the suit wherein

such decree or order is made does

not exceed one hundred rupees;

60

(b) If such amount or value exceeds One rupee. one hundred rupees but does not

exceed one thousand ;

(c) If such amount or value exceeds One rupee one thousand rupees. eight annas. When such decree or order is made by the Court of a District Judge or of a Subordinate Judge.

When such decree or order is made by a Three rupees, if the amount High Court. or value of the subject

matter of the suit wherein

such decree or order is

made does not exceed one

thousand rupees; six

rupees, if such amount or

value exceeds one thousand

rupees."

[Vide Orissa Act 5 of 1939, s. 19]

Amendment of Article 9 of Schedule I of Act VII of 1870.—In the third column of Article 9 of Schedule I of the principal Act, for the words, "eight annas" the words "twelve annas" shall be substituted.

[Vide Orissa Act 5 of 1939, s. 20]

Amendment of table of rates and insertion of new tables in Schedule I of Act VII of 1870.--For the table of rates of advalorem fees annexed to Schedule I of the principal Act, the table set forth in Schedule B to this Act shall be substituted.

[Vide Orissa Act 5 of 1939, s. 21]

Amendment of Schedule I .—In Schedule I to the Court Fees Act, 1870 (7 of 1870) as amended in its application to the State of Orissa (hereinafter referred as the principal Act),—

(a) in article 1, for the words "Thirty-seven rupees fifty naye paise" occurring as the last entry under the heading " proper fee" the words " One hundred rupees" shall be substituted;

(b) in the foot note to the Table of rates of advalorem fees appearing under heading "(a) Table of rates of advalorem fees leviable on plaints, etc., mentioned in Article 1 of Schedule 1", for the words

"thirty-seven rupees fifty naye paise", the words " one hundred rupees" shall be substituted. [Vide Orissa Act 34 of 1992, s. 2]

Haryana Amendment of Schedule I to the Central Act 7 of 1870 .— In schedule I to the Court Fees Act, 1870, for "Table of rates of ad-valorem fees leviable on the institution of suits," the following Table shall be substituted, namely : --

"Table of rates of ad-valorem fees leviable on the institution of suits

When the amount or value of the subject matter exceeds	But does not exceed	Proper fee
1	2	3
Rupees	Rupees	Rupees
1	15,000	2.5%

61

15,000	27,000	375+3.5% of the amount exceeding Rs. 15,000
27,000	39, 000	795+4.5% of the amount exceeding Rs. 27,000
39,000	51, 000	1335+5.5% of the amount exceeding Rs. 39,000
51, 000	63, 000	1995+6.5% of the amount exceeding Rs. 51,000
63, 000	75,000	2775+7.5% of the amount exceeding Rs. 63,000
75, 000	5,00,000	3675+6.5% of the amount exceeding Rs. 75,000
5,00,000	10,00,000	31300+5.5% of the amount exceeding Rs. 5,00,000
10,00,000	20,00,000	58800+4.5% of the amount exceeding Rs. 10,00,000
20,00,000	30,00,000	103800+3.5% of the amount exceeding Rs. 20,00,000
30,00,000	45,00,000	138000+2.5% of the amount exceeding Rs. 30,00,000
45,00,000	60,00,000	176300+1.5% of the amount exceeding Rs. 45,00,000
60,00,000	75,00,000	198800+0.5% of the amount exceeding Rs. 60,00,000

And when the amount or value of the subject matter exceeds seventy-five lakh rupees, the proper fee

leviable shall be two lakh six thousand three hundred rupees plus twenty five rupees for each five hundred

rupees or part thereof in excess of seventy-five lakh rupees.".

[Vide Haryana Act 16 of 2009, s. 2]

Bihar Amendment in Schedule-I and II of the Court-Fees Act, 1870. - Any fee payable under Schedule-I and Schedule-II of the Court-Fees Act, 1870 calculated in paise shall be rounded off in rupee. [Vide Bihar Act 13 of 2010, s. 2]

Substitution of Schedule I and II appended to Act VII, 1870. - In the Court Fees Act, 1870 (Act VII of 1870) for Schedule I and II the following shall be substituted, namely-

[Schedule-1]

Ad valorem Fees No. Subject Description Rates

1 Plaint, written When the amount statement, pleading of or value of the an adjustment or subject matter in counter claim or dispute-

memorandum of

appeal or a cross (i) up to Rs. 15% of the amount or value objection, or plaint or 30,000/- (Rupees

thirty thousand)

62

memorandum of (ii) exceed Rs. Rs. 4,500/- (Rupees four appeal to set aside an 30,000/- (Rupees thousand five hundred) + award not otherwise thirty thousand) 10% of amount or value provided in this Act, but does not exceeding Rs. 30,000/- presented to any Civil exceed Rs. (Rupees thirty thousand). or Revenue Court 5,00,000/-

except those (Rupees five lac).

mentioned in Section-

3. (iii) exceeds Rs. Rs. 51,500 (fifty one 5,00,000/- (five thousand five hundred) + lac) but does not 5% of amount or value exceed Rs. exceeding Rs. 5,00,000/- 20,00,000/- (five lac).

(twenty lac).

(iv) exceeds Rs. Rs. 1,26,500 (Rupees one 20,00,000/- lac twenty six thousand five (Rupees twenty hundred) + 1% of the lac), Rs. 1 (one) amount or value exceeding crore. Rs. 20,00,000/- (Rupees twenty lac).

(v) exceeds Rs. 1 Rs. 2,06,500/- (Rupees two (one) crore lac six thousand five hundred) + ½% of the

amount or value exceeding

Rs. 1 (one) crore.

Maximum Rs. 3,00,000/-

(rupees three lac.)

2 Plaint in a suit for According to rates as possession under prescribed in item no.1. Section 6 of Specific

Relief Act, 1963.

3 Probate of a will or 10% of the amount or value letters of [minimum Rs. 500/-

administration with or (Rupees five hundred) & without will annexed. maximum Rs. 3,00,000/- (Rupees three lac)].

4 Certificate under the As prescribed in item no. 3 Succession Certificate on amount or value Act, 1889. indicated on certificate.

63

[Schedule-II]

Fixed Fees

No.	Subject		Description		Fee
1	(1) Application or petition		When presented to an administrative or revenue officer of State Government or Central Government or local body or in a civil or criminal or small cause court other than High Court and which is not otherwise provided-		Rs. 20/- (Rupees twenty)
	(2) When presented to the High Court-		(i) Under Article 226, 227 or under Article 226 and 227 of the Constitution-
			(a) To file a general application.		Rs. 500/- (Rupees five hundred).
			(b) To file a Public Interest Litigation.		Rs. 1000/- (Rupees one thousand).
			(ii) On other applications		Rs. 250/- (Rupees two hundred fifty).
	(3) Application for Civil Revision under Section 115 of Civil Procedure Code or Criminal Revision under Section 397 read with Section 399/401 of Criminal Procedure Code.				Rs. 250/- (Rupees two hundred fifty).
2	Application to call for records from any other Court.				Rs. 50/- (Rupees fifty).
3	Application for leave to sue as a pauper or for leave to appeal as pauper.				Rs. 20/- (Rupees twenty).
4	Plaint or memorandum of appeal to establish or prove a right of occupancy.				Rs. 100/- (Rupees one hundred).
5	Bail Bond or other instruments of obligation given in				Rs. 20/- (Rupees twenty).

64

	pursuance of any order made by a Court or Magistrate under any section of the Code of Criminal Procedure, 1973 or the Code of Civil Procedure, 1908 and not otherwise provided by this Act.
6	Undertaking under Section 49 of the Indian Divorce Act, 1869 (4 of 1869).				Rs. 100/- (Rupees one hundred).
7	Affidavit		(i) In all other courts except the High Court.		Rs. 20/- (Rupees twenty Rupees).
			(ii) In the High Court.		Rs. 30/- (Rupees thirty).
8	Vakalatnama		(i) In all other courts except the High Court.		Rs. 30/- (Rupees thirty) [Court fee Rs. 20/- + Advocate Welfare stamps Rs. 10/-].
			(ii) In the High Court.		Rs. 50/- (Rupees fifty) [Court fee Rs. 30/-+ Advocate Welfare stamp Rs. 20/-].
9	All kinds of copies of any judgement, decree, order, proceeding, the documents filed in a proceeding etc.				Rs. 10/- (Rupees ten) per page.
10	Caveat				Rs. 100/- (Rupees one hundred)
11	Application for review of judgement.				Rs. 500/- (Rupees five hundred) only.
12	Memorandum of Appeal when the appeal is not from a decree or an order having the force of a decree and is presented.		(a) To any Civil Court other than a High Court, or to any Revenue Court, or Executive Officer, other than the High Court or Chief Controlling Revenue or Executive Authority.		Rs. 50/- (Rupees fifty).
			(b) To High Court or Chief Controlling		Rs. 100/- (Rupees one

65

			Executive or Revenue Authority.		hundred).
13	Plaint or Memorandum of Appeal in each of the following suits:-		(i) To alter or set aside a summary decision or order of any of the Civil Courts (not established by Letters Patent or not a Revenue Court)		Rs. 500/- (Rupees five hundred).
			(ii) To alter or cancel any entry in a register of the names of proprietors of revenue paying estates.		Rs. 500/- (Rupees five hundred).
			(iii) To obtain a declaratory decree where no consequential relief is prayed.		Rs. 1000/- (Rupees one thousand).
			(iv) To set aside an award.		Rs. 1000/- (Rupees one thousand).
			(v) To set aside an adoption.		Rs. 1000/- (Rupees one thousand).
			(vi) For every other suit where it is not possible to estimate at a money value the subject matter in dispute and which is not otherwise provided for by this Act.		Rs. 1000/- (Rupees one thousand).
14	Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure, 1908.				Rs. 200/- (Rupees two hundred).
15	(1) Every petition under the Indian Divorce Act, 1869 except under Section 44 of the same Act and every Memorandum of Appeal under Section 55 of the same Act.				Rs. 500/- (Rupees five hundred).

66

(2) Plaint or Memorandum of Appeal under the Parsi Marriage and Divorce Act, 1865. [Vide Bihar Act 7 of 1996, s. 2]

Bihar Substitution of Schedules I and II appended to Act VII, 1870.—In the Court Fees Act, 1870 [Act VII of 1870] as amended by Court Fees [(Bihar Amendment) Act, 1995] Schedules I and II shall be substituted, by the following:-

Schedule-I

Ad Valorem Fees No. Subject Description Rates

1 Plaint, written statement, When the amount or pleading of an adjustment or value of the subject counter claim or matter in dispute- memorandum of appeal or a

cross objection, or plaint or (i) up to Rs. 30,000/- 15% of the amount or memorandum of appeal to set (Rupees thirty thousand) value aside an award not otherwise (ii) exceed Rs. 30,000/- Rs. 4,500/- (Rupees provided in this Act, (Rupees thirty thousand) four thousand five presented to any Civil or but does not exceed Rs. hundred) + 10% of Revenue Court except those 5,00,000/- (Rupees five amount or value mentioned in Section-3. lac). exceeding Rs.

30,000/- (Rupees

thirty thousand).

(iii) exceeds Rs. Rs. 51,500 (fifty one 5,00,000/- (five lac) but thousand five does not exceed Rs. hundred) + 5% of 20,00,000/-(twenty lac). amount or value exceeding Rs.

5,00,000/- (five lac).

(iv) exceeds Rs. Rs. 1,26,500 (Rupees 20,00,000/- (Rupees one lac twenty six twenty lac), Rs. 1 (one) thousand five crore. hundred) + 1% of the amount or value

exceeding Rs.

20,00,000/- (Rupees

twenty lac).

(v) exceeds Rs. 1 (one) Rs. 2,06,500/- crore (Rupees two lac six

thousand five

hundred) + ½% of

the amount or value

exceeding Rs. 1 (one)

crore. Maximum Rs.

67

					3,00,000/- (rupees three lac.)
2	Plaint in a suit for possession under Section 6 of Specific Relief Act, 1963.				According to rates as prescribed in item no.1.
3	Probate of a will or letters of administration with or without will annexed.				10% of the amount or value [minimum Rs. 500/- (Rupees five hundred) & maximum Rs. 3,00,000/- (Rupees three lac)].
4	Certificate under the Succession Certificate Act, 1889.				As prescribed in item no. 3 on amount or value indicated on certificate.

Schedule-II

Fixed Fees

No.	Subject		Description		Fee
1	(1) Application or petition		When presented to an administrative or revenue officer of State Government or Central Government or local body or in a civil or criminal or small cause court other than High Court and which is not otherwise provided-		Rs. 20/- (Rupees twenty)
	(2) When presented to the High Court-		(i) Under Article 226, 227 or under Article 226 and 227 of the Constitution-
			(a) To file a general application.		Rs. 500/- (Rupees five hundred).
			(b) To file a Public Interest Litigation.		Rs. 1000/- (Rupees one thousand).
			(ii) On other applications		Rs. 250/- (Rupees two hundred fifty).
	(3) Application for Civil Revision under Section				Rs. 250/- (Rupees two hundred fifty).

68

	115 of Civil Procedure Code or Criminal Revision under Section 397 read with Section 399/401 of Criminal Procedure Code.
2	Application to call for records from any other Court.				Rs. 50/- (Rupees fifty).
3	Application for leave to sue as a pauper or for leave to appeal as pauper.				Rs. 20/- (Rupees twenty).
4	Plaint or memorandum of appeal to establish or prove a right of occupancy.				Rs. 100/- (Rupees one hundred).
5	Bail Bond or other instruments of obligation given in pursuance of any order made by a Court or Magistrate under any section of the Code of Criminal Procedure, 1973 or the Code of Civil Procedure, 1908 and not otherwise provided by this Act.				Rs. 20/- (Rupees twenty).
6	Undertaking under Section 49 of the Indian Divorce Act, 1869 (4 of 1869).				Rs. 100/- (Rupees one hundred).
7	Affidavit		(i) In all other courts except the High Court.		Rs. 20/- (Rupees twenty Rupees).
			(ii) In the High Court.		Rs. 30/- (Rupees thirty).
8	Vakalatnama		(i) In all other courts except the High Court.		Rs. 30/- (Rupees thirty) [Court fee Rs. 20/- + Advocate Welfare stamps Rs. 10/-].
			(ii) In the High Court.		Rs. 50/- (Rupees fifty) [Court fee Rs. 30/-+ Advocate

69

					Welfare stamp Rs. 20/-].
9	All kinds of copies of any judgement, decree, order, proceeding, the documents filed in a proceeding etc.				Rs. 10/- (Rupees ten) per page.
10	Caveat				Rs. 100/- (Rupees one hundred)
11	Application for review of judgement.				Rs. 500/- (Rupees five hundred) only.
12	Memorandum of Appeal when the appeal is not from a decree or an order having the force of a decree and is presented.		(a) To any Civil Court other than a High Court, or to any Revenue Court, or Executive Officer, other than the High Court or Chief Controlling Revenue or Executive Authority.		Rs. 50/- (Rupees fifty).
			(b) To High Court or Chief Controlling Executive or Revenue Authority.		Rs. 100/- (Rupees one hundred).
13	Plaint or Memorandum of Appeal in each of the following suits:-		(i) To alter or set aside a summary decision or order of any of the Civil Courts (not established by Letters Patent or not a Revenue Court)		Rs. 500/- (Rupees five hundred).
			(ii) To alter or cancel any entry in a register of the names of proprietors of revenue paying estates.		Rs. 500/- (Rupees five hundred).
			(iii) To obtain a declaratory decree where no consequential relief is prayed.		Rs. 1000/- (Rupees one thousand).
			(iv) To set aside an award.		Rs. 1000/- (Rupees one thousand).
			(v) To set aside an		Rs. 1000/- (Rupees

70

			adoption.		one thousand).
			(vi) For every other suit where it is not possible to estimate at a money value the subject matter in dispute and which is not otherwise provided for by this Act.		Rs. 1000/- (Rupees one thousand).
14	Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure, 1908.				Rs. 200/- (Rupees two hundred).
15	(1) Every petition under the Indian Divorce Act, 1869 except under Section 44 of the same Act and every Memorandum of Appeal under Section 55 of the same Act.				Rs. 500/- (Rupees five hundred).
	(2) Plaint or Memorandum of Appeal under the Parsi Marriage and Divorce Act, 1865.

[Vide Bihar Act 4 of 2008, s. 2]

Bihar Amendment of Articles 1 and 6 of Schedule I to Act VII of 1870. - For the 'proper fee' set forth in Schedule I to the Court-fees Act, 1870 (VII of 1870), as amended from time to time in its application to the State of Bihar (hereinafter referred to as the said Act), for Articles 1 and 6 and shown in the second column of the Schedule A to this Act, the 'proper fees' shown against them in the third column of the said Schedule A shall be substituted.

[Vide Bihar Act 7 of 1958, s. 2]

Amendment of the Table of Rates in Schedule I to Act VII of 1870. - For the 'proper fees' set forth in the table of rates annexed to Schedule to the said Act and shown in the first column of Schedule B to this Act, the 'proper fees' shown in the second column of the Schedule B shall be substituted. [Vide Bihar Act 7 of 1958, s. 3]

Amendment in Schedule-I and II of the Court-Fees Act, 1870. - Any fee payable under Schedule-I and Schedule-II of the Court-Fees Act, 1870 calculated in paise shall be rounded off in rupee. [Vide Bihar Act 13 of 2010, s. 2]

71

Haryana Amendment of Schedule I to 7 of 1870.—In Schedule I to the principal Act, --

(i) after serial number 5 and entries thereagainst, the following serial number and entries thereagainst shall be inserted, namely:--

1 2 3 4

"5-A Copy of order of the -- Five rupees."; Rent Controller

(ii) against serial number 8, under columns 3 and 4, for the existing entries, the following entries shall be substituted, namely :—

3 4

"for every Page Two rupees.".

Bihar Amendment of item 2, 3 and 4 of Schedule I appended to Act VII, 1870 (as amended by Bihar Amendment Act, 1996).—In the Court fees act, 1870 (as amended by Bihar Amendment Act, 1995) for the items 2, 3 and 4 of Schedule I the following shall be substituted, namely:-

(1) Plaint in a suit for possession under Specific Relief Act, 1963, Section 6.	A fee of half of the prescribed fee in the foregoing Scale in item I.
(2) Application for review of judgement if presented on or after the ninetieth day from the date of the decree.	The fee leviable on the plaint or memorandum of appeal as item 1.
(3) Application for review of judgement, if presented before the ninetieth day from the date of the decree.	One half of the fee leviable on the plaint or memorandum of appeal as item 1.

[Vide Bihar Act 9 of 2001, s. 2]

72

73

74

75

76

STATE AMENDMENT

Orissa

Amendment of Article 1 of Schedule II of Act VII of 1870.—. In Article I of Schedule II of the principal Act,—

(a) in the third column opposite clause (a), for the words "one annas" the words "two annas"

shall be substituted;

(b) in the third column opposite clause (b), for the words, "eight annas" the words "in the case of a criminal complaint and appeal one rupee and in other cases twelve annas" shall be substituted;

(c) in the third column opposite clause (c) for the words "one rupee" the words "one rupee eight annas" shall be substituted;

(d) in the second and third columns, for clause (d) and the words opposite the said clause the following shall be substituted:—

"(d) (i) When presented to a High Court under section 115 of the Code of Civil Procedure, 1908 (5 of 1908), for revision of an order,—

(a) When the value of the suit Five rupees. or proceedings to which

the order relates does not

exceed one thousand

rupees.

(b) When the value of the suit Ten rupees. or proceeding exceeds one

thousand rupees.

Two rupees."

(ii) when presented to a High Court otherwise than under that section. [Vide Orissa Act 5 of 1939, s. 22]

Amendment of Article 1A of Schedule II of Act VII of 1870.--In the third column of Article 1A of Schedule II of the principal Act, for the words "twelve annas" the words "one rupee" shall be substituted. [Vide Orissa Act 5 of 1939, s. 23]

Amendment of Article 10 of Schedule II of Act VII of 1870.—In Article 10 of Schedule II of the principal Act,—

In the third column—

(i) for the words "eight annas" the words "one rupee" shall be substituted;

(ii) for the words "one rupee" the words "two rupees " shall be substituted;

(iii) for the words "two rupees" the words "three rupees" shall be substituted. [Vide Orissa Act 5 of 1939, s. 24]

Amendment of Article 11 of Schedule II of Act VII of 1870.— In Article 11 of Schedule II of the principal Act—

(a) for the entry in the first column, the following entry shall be substituted:—

"Memorandum of appeal when the appeal is from an order inclusive of an order determining any question under section 47 or section 144 of the Code of Civil Procedure (5 of 1908) and is presented".

77

(c) in the third column—

(i) for the words "eight annas" the words "one rupee" shall be substituted;

(ii) for the words "two rupees" the words "four rupees" shall be substituted. [Vide Orissa Act 5 of 1939, s. 25]

Amendment of Article 11 of Schedule II of Act VII of 1870.--In the third column in Article 2 of Schedule II of the principal Act, for the words "five rupees" the words "ten rupees" shall be substituted. [Vide Orissa Act 5 of 1939, s. 26]

Amendment of Article 14 of Schedule I of Act VII of 1870.-- In the third column in Article 14 of Schedule II of the principal Act, for the words "five rupees" the words "ten rupees" shall be substituted. [Vide Orissa Act 5 of 1939, s. 27]

Amendment of Article 17 and insertion of new Article 17A in Schedule II of Act VII of 1870.--

For Article 17 of Schedule II of the principal Act the following two Articles shall be substituted:—

"17. Plaint or memorandum of appeal in a suit,—

(i) to alter or set aside a summary Fifteen rupees.

decision or order of any of the Civil Courts not established by Letters Patent or of any Revenue Court;

Fifteen rupees.

(ii) to alter or cancel any entry in a register of the names of the Fifteen rupees.

proprietors of revenue -paying estates;

(iii) for relief under section 14 Endowment Act, 1868 (XX of 1868), or under section 91 of the Code of Civil Procedure, 1908. When the plaint is Ten rupees. prescribed to, or the

memorandum of

17A.Plaint or memorandum of appeal is against the

appeal in every suit where it is not decree of—

possible to estimate at a money-

(a) a Revenue Fifteen rupees if the value the subject-matter in dispute court in the value for purposes of and which is not otherwise district of jurisdiction does not provided for by this Act. Ganjam or

exceed four thousand

Koraput;

(b) any other rupees, one hundred Revenue rupees if such value court, or any exceeds four court of a thousand rupees."

District

Judge , sub-

ordinate

Judge or

Munsif.

[Vide Orissa Act 5 of 1939, s. 28]

78

Amendment of Article 18 of Schedule II of Act VII of 1870.--In Article 18 of Schedule II of the principal Act—

(a) for the entry in the first column, the following entry shall be substituted:—

"Application under paragraph 17 or paragraph 20 of the Second Schedule to the Code of Civil Procedure, 1908 (5 of 1908)";

(c) in the third column for the words "ten rupees" shall be substituted. [Vide Orissa Act 5 of 1939, s. 29]

Amendment of Article 19 of Schedule II of Act VII of 1870.— In the third column in Article 19 of Schedule II of the principal Act, for the words "ten rupees" the words "fifteen rupees" shall be substituted.

[Vide Orissa Act 5 of 1939, s. 30]

Amendment of Article 19 of Schedule II of Act VII of 1870.—In the third column in Article 20 Schedule II of the principal Act, for the words "twenty rupees" the words "thirty rupees" shall be substituted.

[Vide Orissa Act 5 of 1939, s. 31]

Amendment of Article 21 of Schedule II of Act VII of 1870.--In the third column in Article 21 Schedule II of the principal Act, for the words "twenty rupees" the words "thirty rupees" shall be substituted.

When the amount or value of the subject-matter exceeds	But does not exceed	Proper fee.
1	2	3
Rs. 5,200 5,300 5,400 5,500 5,600 5,700 5,800 5,900 6,000 6,100 6,200 6,300 6,400 6,500	Rs. 5,300 5,400 5,500 5,600 5,700 5,800 5,900 6,000 6,100 6,200 6,300 6,400 6,500 6,600	Rs. a. p. 426 4 0 433 12 0 441 4 0 418 12 0 456 4 0 463 12 0 471 4 0 478 12 0 486 4 0 493 12 0 501 4 0 508 12 0 516 4 0 523 12 0

79

6,600 6,700 513 4 0

6,700 6,800 638 12 0

6,800 6,900 646 4 0

6,900 7,000 658 12 0

7,000 7,100 661 4 0

[Vide Orissa Act 5 of 1939, s. 32]

Amendment of Schedule-II.—In Article 1 of Schedule-II to the Court-fees Act, 1870 (7 of 1870) in its application to the State of Odisha, for clause (b) including the entries under the second and third columns thereof, the following shall be substituted under appropriate column, namely:—

"(b) (i) When containing a complaint or charge In the case of a criminal complaint and appeal, four of any offence other than the complaint for the rupees and in other cases two rupees. offence under section 138 of the Negotiable

Instrument Act, 1881 (26 of 1881) and an

offence for which Police Officers may under the

Code of Criminal Procedure, 1973 (2 of 1974)

arrest without warrant, and presented to any

Criminal Court;

Or when presented to a Civil, Criminal or

Revenue Court or to a Collector, or any

Revenue Officer having jurisdiction equal or

sub-ordinate to a Collector;

Or to any Magistrate in his executive capacity

and not otherwise provided for by this Act;

Or to deposit in Revenue Court or rent; or for

determination by a Court of the amount of

compensation to be paid by a landlord to his

tenant.

(ii) Complaint for the offence under section 138 One hundred rupees of the Negotiable Instrument Act, 1881 (26 of

1881)— Five hundred rupees.

When the amount involved In the cheque or

instrument does not exceed ten thousand rupees. One thousand rupees. When the amount involved in the cheque or

instrument exceeds ten thousand rupees but does not exceed one lakh rupees.

When the amount involved in the cheque or

instrument exceeds one lakh rupees.

[Vide Orissa Act 4 of 2013, s. 2]

80

Amendment of Schedule II.— In Schedule II to the principal Act, under the heading "proper fee" for the entries as mentioned in column (2) of the following Table against the corresponding articles in column (1) thereof, the entries as mentioned against them in column (3) of the said Table shall respectively be substituted:—

Corresponding Article (1)	Entries Occurring under the heading “proper fee” (2)	Entries to be substituted (3)
1.(a) (b) (c) (d) (i) (a) (b) (ii) 1-A 2. 3.(a) (b) 4. 5. 6. 7. 10.(a) (b) (c) 11.(a) (b) 12. 13. 14. 17. 17.A (a) (b) 18. 19. 20. 21.	Forty-five paise In case of criminal complaint and appeal, two rupees and twenty-five paise and in other cases one rupee and twenty-paise. Two rupees and fifty paise Five rupees and fifty paise Eleven rupees Two rupees and twenty paise one rupee and sixty-five paise in addition to any fee levied on the application under clause (a), clause (b) or clause (d) of article - 1 of this Schedule. Fifty-five paise One rupee and ten paise Two rupees and twenty paise Fifty naye paise Fifty naye paise Fifty naye paise Fifty naye paise Two rupees and twenty-five paise Three rupees and seventy-five paise Four rupees One rupee Four rupees Ten rupees Five rupees and fifty paise Eleven rupees Fifteen rupees Ten rupees Fifteen rupees if the value for purposes of jurisdicaiton does not exceed four thousand rupees. One hundred rupees if such value exceeds four thousand rupees. Sixteen rupees and fifty paise Fifteen rupees Thirty-three rupees Thirty rupees	One rupee In case of criminal complaint and appeal, four rupees and in other cases two rupees. Five rupees Eleven rupees Twenty rupees Four rupees Three rupees in addition to any fee levied on the application under clause (a), clause (b) or clause (d) of article-1 of this Schedule. One rupees Two rupees Four rupees One rupee One rupee One rupee One rupee Four rupees Seven rupees Eight rupees Two rupees Eight rupees Twenty rupees Ten rupees Twenty-one rupees Thirty rupees Twenty rupees Thirty rupees if the value for purposes of jurisdiction does not exceed four thousand rupees. Two hundred rupees if such value exceeds four thousand rupees. Thirty-two rupees Thirty rupees Sixty-two rupees Sixty rupees

Thirty rupees Sixty rupees

[Vide Orissa Act 34 of 1992, s. 3]

81

Uttar Pradesh Amendment of Schedule II of Act (7 of 1870).—In Schedule II to the Court-Fees Act, as amendment in its application to Uttar Pradesh, in Article 1 (Application or Petition), in clause (f), —

(a) in sub-clause (i), for the words "Five rupees" the words "One hundred rupees" shall be substituted; and

(b) in sub-clause (i), for the words "Ten rupees" the words "Two hundred rupees" shall be substituted.

[Vide Uttar Pradesh Act 14 of 1989, s. 2]

Haryana Substitution of Schedules I and II to Act 7 of 1870.—For Schedules I and II to the principal Act, the following Schedules substitution shall be substituted, namely :—

SCHEDULE I

Ad valorem fees

Serial No.	Nature of Document	Amount of value	Proper fee
1	2	3	4
	Plaint, written statement, pleading or set off or counter claim or memorandum of appeal (not otherwise provided for in this Act) or of cross objections presented to any civil or revenue court except those mentioned in section 3.	When the amount or value of the subject matter in dispute does not exceed one hundred rupees, for every ten rupees or part thereof, When such amount or value exceeds one hundred rupees, but does not exceed five hundred rupees, for every twenty rupees, or part thereof in excess of one hundred rupees, up to five hundred rupees. when such amount or value exceeds three thousand rupees, for every one hundred rupees, or part thereof, in excess of three thousand rupees, up to ten thousand when such amount or value exceeds three thousand rupees, for every one hundred rupees, or part thereof, in excess of three thousand rupees, up to ten thousand When such amount or value exceeds ten thousand rupees, for every five hundred	One rupee. Three rupees. Twenty rupees . Seventy-five rupees.

82

		rupees, or part thereof, in excess of ten thousand rupees, up to twenty thousand rupees When such amount or value exceeds twenty thousand rupees, for every one thousand rupees, or part thereof, in excess of twenty thousand rupees, up to fifty thousand rupees When such amount or value exceeds fifty thousand rupees, for every five thousand rupees, or part thereof, in excess of fifty thousand rupees	One hundred rupees. Two hundred rupees.
2.	Plaint in a suit for possession under the Specific Relief Act, 1963, section 6	----	A fee of one-half the amount prescribed in the foregoing scale.
3.	Application for review of judgement, if presented on or after the ninetieth day from the date of the decree		The fee leviable on the plaint or memorandum of appeal.
4.	Application for review of judgement, if presented before the ninetieth day from the date of the decree		One-half of the fee leviable on the plaint or memorandum of appeal.
5.	Copy of translation of judgement or order not being, or having the force of, a decree	When such judgement 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 judicial or executive authority When such judgement or order is passed by the High Court	Two rupees. Five rupees.
6.	Copy of a decree or order having the force of a decree	When such decree or order is made by any civil court other than the High Court or by any revenue court When such decree or order is made by the High Court	Five rupees. Ten rupees.

83

7.	Copy of any document liable to stamp duty under the Indian Stamp Act, 1899, when left by any party to a suit or proceeding in place of the original withdrawn, provided such copy is not subject to any duty under the Indian Stamp Act, 1899	(a) When the stamp duty chargeable , on the original does not exceed seventy five paise (b) in any other case	The amount of the duty chargeable on the original, Two rupees.
8.	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 civil or criminal or revenue court or office, or from the office of any chief officer charged with the executive administration of a Division	For every three hundred and sixty words or One rupee fraction of three hundred and sixty words	One rupee.
9.	probate of a will or letters of administration with or without will annexed	When the amount or value of the property in respect of which the grant of probate or letters is made exceeds one thousand rupees, but does not exceeds ten thousand rupees. When such amount or value exceeds ten thousand rupees, but does not exceed fifty thousand rupees When such amount or value exceeds fifty thousand rupees	three per centum on such amount or value. Five per centum on such amount or value. Six per centum on such amount or value.
10.	Certificate under part X of the Indian Succession Act, 1925.	In any case	Three per centum on the amount or value of any debt or security specified in the certificate under section 374 of that Act, and five per centum on the amount or value of any debt or security to which the certificate is extended under section 376 of that Act.
			Notes .—(1) The amount of a debt is its amount, including interest, on the day on which the inclusion of the debt in the certificate is applied for, so far as such amount can be ascertained.

84

			(2) Whether or not any power with respect to a security specified in a certificate has been conferred under that 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 negotiation or transfer of, the security, or for both purposes, the value of the security is its market value on the duty on which the inclusion of the security in the certified applied for, so fur as such value can be ascertained.
11.	Application to the High Court for the exercise of its jurisdiction under section 44 of the Punjab Courts Act, 1918, or to the court of the Financial Commissioner for the exercise of its revisional jurisdiction under section 84 of the Punjab Tenancy Act, 1887.		Fifteen rupees.

Table of rates of ad-valorem fees leviable on the institution of suits

Value of the subject matter exceeds	But does not exceed	Proper fee
1	2	3
Rs	Rs	Rs
10	10	.
20	20	2
30	30	3
40	40	4
50	50	5
60	60	6
70	70	7
80	80	8
90	90	9
100	100	10
120	120	13
140	140	16
160	160	19

85

180	180	22
200	200	25
220	220	28
240	240	31
260	260	34
280	280	37
300	300	40
320	320	43
340	340	46
360	360	49
380	380	52
400	400	55
420	420	58
440	440	61
460	460	64
480	480	67
500	500	78
550	550	86
600	600	94
650	650	102
700	700	110
750	750	118
800	800	126
850	850	134
900	900	142
950	950	150
1,000	1,000	158
1050	1,050	166
1150	1,100	174
1200	1,200	182
1250	1,250	190
1300	1300	198
1350	1350	206
1400	1400	214
1450	1450	222
1500	1500	238

86

1550	1550	246
1600	1600	254
1650	1650	262
1700	1700	270
1750	1750	278
1800	1800	286
1850	1850	294
1900	1900	302
1950	1950	310
2000	2000	318
2050	2050	326
2100	2100	334
2150	2150	342
2200	2200	350
2250	2250	358
2300	2300	366
2350	2350	374
2400	2400	382
2450	2450	390
2500	2500	398
2550	2550	406
2600	2600	414
2650	2650	432
2700	2700	430
2750	2750	446
2800	2800	454
2850	2850	462
2900	2900	470
2950	2950	490
3000	3000	510
3100	3100	530
3200	3200	550
3300	3300	570
3400	3400	590
3500	3500	610
3600	3600	630

87

3700	3700	650
3800	3800	670
3900	3900	690
4000	4000	710
4100	4100	730
4200	4200	750
4300	4300	770
4400	4400	790
4500	4500	810
4600	4600	830
4700	4700	850
4800	4800	870
4900	4900	890
5000	5000	910
5100	5100	930
5200	5200	950
5300	5300	950
5400	5400	970
5500	5500	990
5600	5600	1010
5700	5700	1030
5800	5800	1050
5900	5900	1070
6000	6000	1090
6100	6100	1110
6200	6200	1130
6300	6300	1150
6400	6400	1170
6500	6500	1190
6600	6600	1210
6700	6700	1210
6800	6800	1250
6900	7000	1290
7000	7000	1310
7100	7100	1350
7200	7200	1370

88

7300	7300	1390
7400	7400	1410
7500	7500	1430
7600	7600	1450
7700	7700	1470
7800	7800	1490
7900	7900	1510
8000	8000	1530
8100	8100	1550
8200	8200	1570
8300	8300	1590
8400	8400	1610
8500	8500	1630
8600	8600	1650
8700	8700	1670
8800	8800	1690
8900	8900	1710
9000	9000	1730
9100	9100	1750
9200	9200	1770
9300	9300	1790
9400	9400	1810
9500	9500	1830
9600	9600	1850
9700	9700	1870
9800	9800	1945
9900	9900	2020
10000	10000	2095
10500	10500	2170
11000	11000	2245
11500	11500	2320
12000	12000	2395
12500	12500	2470
13000	13000	2545
13500	13500	2620
14000	14000	2695

89

14500	14500	2770
15000	15000	2845
15500	15500	2920
16000	16000	2995
16500	16500	3070
17000	17000	3145
17500	17500	3220
18000	18000	3295
18500	18500	3370
19000	19000	3470
19500	19500	3570
20000	20000	3670
21000	21000	3770
22000	22000	3870
23000	23000	3970
24000	24000	4070
25000	25000	4170
26000	26000	4270
27000	27000	4370
28000	28000	4470
29000	29000	4570
30000	30000	4670
31000	31000	4770
32000	32000	4870
33000	33000	4970
34000	34000	5070
35000	35000	5170
36000	36000	5270
37000	37000	5370
38000	38000	5470
39000	39000	5570
40000	40000	5670
41000	41000	5770
42000	42000	5870
43000	43000	5970
44000	44000	6070

90

43000	43000	6170
44000	44000	6270
45000	45000	6370
46000	46000	6570
47000	47000	6770
48000	48000	6970
49000	49000	7170
50000	50000	7370
55000	55000	7570
60000	60000	7770
65000	65000	7970
70000	70000	8170
75000	75000	8370
80000	80000	8570
85000	85000	8770
90000	90000	8970
95000	95000	9170
100000	100000	9370
105000	105000	9370
110000	110000	9570
115000	115000	9770
120000	120000	9970
125000	125000	10170
130000	130000	10370
135000	135000	10570
140000	140000	10770
145000	145000	10970
150000	150000	11370
155000	155000	11570
160000	160000	11770
165000	165000	11970
170000	170000	12170
175000	175000	12370
180000	180000	12570
185000	185000	12770
190000	190000	12970

91

195000	195000	13170
200000	200000	13370
205000	205000	13570
210000	210000	13770
215000	215000	13970
220000	220000	14170
225000	225000	14370
230000	230000	14570
235000	235000	14770
240000	240000	14970
245000	245000	15170
250000	250000	15370
255000	255000	15770
260000	260000	15970
265000	265000	16170
270000	270000	16370
275000	275000
280000	280000
285000	285000
290000	290000
295000	295000
300000	300000

And when the amount or value of the subject-matter exceeds three lacs rupees the proper fee leviable

shall he sixteen thousand, three hundred and seventy rupees Plus two hundred rupees for each five

thousand rupees or part thereof, in excess of three lacs rupees.

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SCHEDULE II

FIXED FEES

Serial No.	Nature of the document	Amount of value	Proper fee
1	2	3	4
	Application or petition	(a) When presented to any officer of the Customs or Excise Department or to any Magistrate, by any person having dealings with the Government and when the subject matter of such application relates exclusively to those dealings or when presented to any revenue officer by any person holding temporarily-settled land under direct engagement with Government, and when the subject-matter of the application or petition relates exclusively to such engagement; or when presented to any municipal commissioner under any Act for the time being in force for the conservancy or improvement of any place, if the application or petition relates solely to such conservancy or improvement; or when presented to any civil court other than a principal civil court of original jurisdiction, or to any court of small causes constituted under Act No. 11 of 1865 or under Act No. 16 of 1868; section 20, or to a Collector or other revenue officer in relation to any suit or case in which the amount or value of the subject-matter is less than fifty rupees; or when presented to any civil, criminal or revenue court, or to any Board or executive officer for the purpose of obtaining a copy or translation of any judgment, decree or order passed by such court, Board or officer, or of any other document on record in such court or office (b) when containing a complaint or charge of any offence other than an offence for which police officers may, under the Code of Criminal Procedure, 1898, arrest without warrant, and presented to any criminal court; or when presented to a civil criminal or revenue, court, or to a Collector or any revenue officer having jurisdiction equal or subordinate to a Collector, or to any Magistrate in his executive capacity, and not otherwise provided for by this Act; or to deposit in court, revenue or rent ; or for determination by court of the amount of compensation to be paid by landlord to his tenant (c) when presented to a Chief Commissioner or other Chief Controller, Revenue or Executive Authority, or to a Commissioner of Revenue or Circuit, or to any Chief Officer charged with the executive administration of a Division and not otherwise provided for by this Act (d) when presented to the High Court — (i) for winding up a company or under section	One Rupees Two Rupees Three rupees Three

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		397 or 398 of the Companies Act, (ii) under the same Act for taking some other judicial action; (iii) under article 226 of the Constitution of India other than petitions for habeas corpus and petition arising out of criminal proceedings ; (iv) petition under article 227 of the Constitution of India ; (v) in all other cases	hundred and fifty rupees. Twenty-five rupees. One hundred rupees Fifteen rupees Five rupees
2.	Application to any civil court that records may be called for from another court	When the court grants the application and is of opinion that the transmission of such records involves the use of the post	Two rupees
3.	Application for leave to sue as a pauper	..	Two rupees
4.	Application for leave to appeal as a pauper	(a) When presented to a District Court (b) When Presented to a Commissioner or the High Court	Two rupees Five rupees
5.	Bail-bond or other instrument of obligation given in pursuance of an order made by a court or Magistrate under any section of the Code of Criminal Procedure, 1898, or the Code of Civil Procedure, 1908, and not otherwise Provided for by this Act	..	One rupee
6.	Undertaking under section 49 of the Divorce Act, 1869		Two rupees
7.	Mukhtarnanca or Wakalatnama	When presented for the conduct of any one case—
		(a) to any civil or criminal court other than the High Court, or to any revenue court, or to any Collector or Magistrate, or other Executive Officer, except such as are mentioned in clauses (b) and (c) of this number (b) to a Revenue Commissioner or to any officer charged with executive administration of a Division, not being the Chief Revenue or Executive Authority (c) to the High Court, Chief Commissioner, Board of revenue, or other Chief controlling Revenue or Executive Authority	Two rupees Two rupees Three rupees
8.	Memorandum of appear when the appeal is not from a decree or an order having the	(a) to any civil court other than the High Court, or to any revenue court or Executive Officer other than the High Court or Chief Controlling Revenue or Executive Authority	Ten rupees

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	force of a decree and is presented	(b) to the High Court or Chief Commissioner Fifteen rupees or other Chief Controlling Revenue or Executive Authority	fifteen rupees
9.	Caveat	--	Ten rupees
10.	Petition in a suit under the Converts Marriage Dis solution Act, 1866, the Divorce Act, 1869, or the Foreign Marriage Act, 1969	--	Twenty-five rupees
11.	(i) Every petition or application or memorandum of appeal under the Special Marriage Act, 1954, or the Hindu Marriage Act, 1955, or the Dissolution of Muslim Marriages Act, 1939 (ii) Application under section 24 of the Hindu Marriage Act, 1955	--	Twenty-five rupees Five rupees
12.	Plaint or memorandum of appeal in each of the following suits:— (i) to alter or set as ide a summary decision or order of any of the civil courts not established by Letters Patent or of any revenue court; (ii) to alter or cancel any entry in a register of the names of the proprietors of revenue paying estates; (iii) to obtain a declaratory decree where no consequential relief is prayed; (iv) to set aside an award ; (v) to set aside an adoption; (vi) every other suit where it is not possible to estimate at a money - value the subject matter in dispute, and which is not otherwise provided for by this Act	-- -- --- -- -- -- --	Twenty-five rupees

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13.	Application under section 20 of the Arbitration Act, 1940	--	Twenty-five rupees
14.	Agreement in writing stating a question for the opinion of the court under the Code of Civil Procedure, 1908	--	Twenty-five rupees
15.	Plaint or memorandum of appeal in a suit by a reversioner under the Punjab Customary Law for declaration in respect of an alienation of ancestral land	--	One hundred rupees
16.	Application or memorandum of appeal for relief under the Haryana Urban (Control of Rent and Eviction) Act, 1973—		Fifteen rupees
	(i) other than for fixation of fair rent	(a) Up to an annual rent not exceeding six hundred rupees;	Fifteen rupees
	(ii) for fixation of fair rent	(b) annual rent exceeding six hundred rupees	Fifteen rupees
17.	Claims for money (whether secured or unsecured) or a claim to set off made against such claims or counter claims under the Banking Companies Act, 1949	(a) Where the amount does not exceed Rs 2,500 ; (b) where the amount exceeds Rs 2,500 but does not exceed Rs 10,000; (c) where the amount exceeds Rs 10,000 ;	Twenty-five rupees Fifty -rupees One hundred rupees
18.	Memorandum of appeal from an order or decision passed under the Provisions of section 45-B of the Banking Companies Act, 1949	(a) Where the amount exceeds Rs 5,000 put does not exceed Rs 10,000; (b) where the amount exceeds Rs 10,000	One hundred rupees Two hundred rupees.

[Vide Haryana Act 11 of 1974, s. 3]

Haryana Amendment of Schedule I to Act 7 of 1870.— In Schedule I to the principal Act, —

(a) against serial number 5, under columns 3 and 4, for the existing entries, the following entry shall be substituted, namely:--

"when such judgement or order is passed by Two rupees."; any civil court or by the presiding officer of any revenue court or office, or by any other judicial or executive authority

(b) against serial number 6, under columns 3 and 4, for the existing entries, the following entry shall be substituted, namely :—

"when such decree or order is made by any Five rupees.";

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civil court or by any revenue court

(c) against serial number 11, under column 2, the words and figures "to the High Court for the exercise of its jurisdiction under section 44 of the Punjab Courts Act, 1918, or" shall be omitted. [Vide Haryana Act 22 of 1974, s. 4]

Bihar Amendment of Article 1 of Schedule II to Act VII of 1870. - For the 'proper fee' set forth in Schedule II to the said Act for Article 1 and shown in the second column of Schedule C to this Act, the 'proper fee, shown in the third column of the said Schedule C shall be substituted.

Schedule A

[See Section 2]

Article	Proper fee set forth in Schedule I to the Court-fees Act, 1870	Proper fees to be substituted
1	2	3
	Six annas	40 N.P.
1	Six annas	40 N.P.
6	Six annas	40 N.P.

Schedule B

[See Section 3] Table of rates of ad valorem fees leviable on the institution of suits:-

Proper fees set forth in the table Proper fees to be substituted

1 2

Rs. a. p. Rs. N.P.

0 6 0 0 40

1 2 0 0 15

1 14 0 1 90

2 10 0 2 50

3 6 0 3 40

4 2 0 4 15

4 14 0 4 90

5 10 0 5 65

6 0 0 6 40

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7 2 0 7 15

Schedule C

[See Section 4]

Article	Proper fees set forth in Schedule II to the Court-fees Act, 1870	Proper fees to be substituted
1	2	3
1	Two annas	15 N.P

[Vide Bihar Act 7 of 1958, s. 4]

Haryana Amendment of Schedule I to Central Act 7 of 1870.—In Schedule I to the principal act,--

(i) after serial number 5 and entries thereagainst, the following serial number and entries thereagainst shall be inserted, namely:--

1 2 3 4

"5-A Copy of order of the .. Five rupees,"

Rent Controller

(ii) against serial number 8, under columns 3 and 4, for the existing entries, the following entries shall be substituted, namely:--

3 4

"For every age Two rupees.".

[Vide Haryana Act 3 of 1990, s. 3]

Haryana Amendment of Schedule II to Central Act 1 of 1870.— In Schedule II to the principal Act,—

(i) against serial number I, under columns 3 and 4,—

(a) against entry (b), for the words "Two rupees", the words "Ten rupees" shall be substituted ;

(b) against entry (c), for the words "Three rupees", the words "Fifteen rupees" shall be substituted ;

(ii) against serial number 3, under column 4, for the words "Two rupees", the words "Five rupees"

shall be substituted ;

(iii) against serial number 4, under column 4, for the words "Two rupees", the words "Ten rupees" shall be substituted ;

(iv) against serial number 5, under column 4, for the words "One rupee", the words "Five rupees"

shall be substituted ;

(v) against serial number 6, under column 4, for the words "Two rupees", the words "Ten rupees"

shall be substituted ;

(vi) against serial number 8, under columns 3 and 4,—

(a) against entry (a), for the words "Ten rupees", the words "Fifteen rupees" shall be substituted ;

(b) against entry (b), for the words "Fifteen rupees", the words "Twenty rupees" shall be substituted.

[Vide Haryana Act 3 of 1990, s. 4]

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Haryana Amendment of Schedule II to Act 7 of 1870.—In Schedule II to the principal Act,—

(a) against serial number 1, entry (d) shall be omitted ;

(b) against serial number 4, in entry (b), the words "or the High Court" shall be omitted;

(c) against serial number 7,—

(i) in item (a), the words "other than the High Court" shall be omitted ;

(ii) in item (c), for the words "High Court, Chief Commissioner", the words "Chief Commissioner" shall be substituted ;

(d) against serial number 8,—

(i) in entry (a), the words "other than the High Court" occurring twice, shall be omitted ;

(ii) in entry (b), the words "High Court or" shall in omitted ; and

(E) against serial number 15, for the words "one hundred rupees", the words "Thirty rupees" shall be substituted.

[Vide Haryana Act 22 of 1974, s. 5]

Uttar Pradesh

Amendment of Schedule IX of Act no. VII of 1870.—In Schedule II to the Court Fees Act, 1870, as amended in its application to Uttar Pradesh, in Article I ("Application or petition")—

(i) in clause (c), in the second column, for sub-clause (2) and the entry relating to it in the third column, the following sub-clause and entry shall be substituted, namely:-

Col. 2	Col. 3
“(2) Under article 226 or article 227 of the Constitution, or by way of special appeal against a judgement or order including a judgment or order passed on a petition filed before the commencement of the Court Fees (Uttar Pradesh Amendment( act, 1970 passed by a single Judge of the High Court thereon.”	One hundred rupees.

(ii) at the end, the following proviso thereto shall be inserted, namely:-- Provided that -

(i) no court fee shall be payable under clause (c) on an application or petition under section 4591 of the Code of Criminal Procedure, 1898, or under article 226 of the Constitution for writs in the nature of habeas corpus or in relation to any proceeding relating thereto;

(ii) the court fee payable on an application or petition for adjournment of hearing of any case shall be double the court fee payable on an ordinary application or petition under clause (b), clause (c), clause (d) or sub-clause (5) of clause (c), as the case may be,

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