GOVERNMENT OF MAHARASHTRA

LAW AND JUDICIARY DEPARTMENT

Act No. XXXVI of 1959.

THE MAHARASHTRA COURT-FEES ACT

(As modified upto the 20th July 2018 )

K

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT PRESS, WAI AND
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND
PUBLICATIONS, MAHARASHTRA STATE, MUMBAI 400 004.

2018

[ Price : Rs. 41:00 ]

 
1959 : XXXVI ]

(i)

THE MAHARASHTRA COURT-FEES ACT.

PREAMBLE.

SECTIONS.

CONTENTS

CHAPTERI
PRELIMINARY.

1.

2.

8.

4.

5.
6.

Short title, extent, commencement and application.

Definitions.

CHAPTER II

FErxEs IN THE HicH CourT AND IN THE COURT OF SMALL CAUSES AT BomBay.

Levy of fees in High Court on its original side.
Levy of fees in Bombay Small Causes Court.
Procedure in case of difference as to necessity or amount of fee.

CHAPTERIII
COMPUTATION OF FEES.

Fees on documentsfiled, etc., in Courts or in public offices.
Computation of fees payable in certain suits—
(i)
(ii)
(iii)
(iv)

for money.
for maintenance and annuities.
for other moveable property having a market value.
(a) against recovery of any money due as a tax,etc.
(6) similar claim in respect of moveable property.
(c) for status with monetary attribute.
(d) for ownership, etc., of immoveable property, etc.
(e) declaration for easements, etc.
(f) for other status without monetary attribute.
(g) for charge on property.
(h) for periodical money returns.
(ha) for avoidance of sale, contract for sale, etc.
(hb) for avoidance of acquisition proceedings.
(i) for accounts.
(j) for other declarations.
for possession of lands, houses and gardens.
to enforce a right of pre-emption.
for share in joint property.

(v)
(vi)
(vii)
(viii) for interest of assignee of land revenue.
(ix)

to set aside an attachment.

(x)

to redeem.
to foreclose.
(xi)
for specific performance.
(xii) between landlord and tenant.

H-186-1 (F)

(ii)

Maharashtra Court-fees Act

[1959 : XXXVI

SECTIONS.

7.

Fee on memorandum of appeal against order or award
relating to compensation in certain cases.

Inquiry as to valuation of suits.

9.

Investigation to ascertain proper valuation.

10. Power of persons making inquiry under sections 8 and 9.

11. Costs of inquiry as to valuation and refund of excess fee.

12. Appointment of inspecting officers and recovery in cases

reported by them.

13. Taxing of court-fees and their recovery in suits for mesne

profits or accounts.

14. Decision of questions as to valuation.

15. Refund of fee paid on memorandum of appeal.

16. Refund of fee on application for review of judgement.

17. Refund where Court reverses or modifies its former decision

on ground of mistake.

17A. Period of limitation for refund of fees under section 15, 16 or 17.

18. Multifarious suits.

19. Written examinations of complainants.

20. Exemption of certain documents.

CHAPTER IV

PRoBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF
ADMINISTRATION.

21. Relief where too high a court-fee has been paid.

22. Relief when debts due from a deceased person have been

paid out of his estate.

23. Relief in case of several grants.

24. Probates declared valid as to trust property, though not

covered by court-fee.

25. Provision for case where too low a court-fee has been paid

on probates, etc.

26. Administrator to give proper security before letters stamped

under section 25.

27. Executors, etc. not paying full court-fee on probates, etc.
within six months after discovery of under payment.

28. Notice of applications for probate or letters of administration

to be given to Revenue Authorities, and procedure thereon.

29. Payment of court-fee in respect of probate and letters of

administration.

30. Recovery of penalties, etc.

1959 : XXXVI]

Maharashtra Court-fees Act

Gii)

SECTIONS.

31. Sections 5 and 40 not to apply to probates or letters of

Administration.

CHAPTER V

Process FEEs.

32. Rules as to costs of processes.

Confirmation and publication of rules.

33. Tables of process-fees.

34. Number of peons in District and Subordinate Courts.

Number of peons in mofussil Small Cause Courts.

35. Number of peons in Revenue Courts.

CHAPTER VI

Or THE MopeEoF LeEvyInG FEEs.

36. Rate of fee in force on date of presentation of document to

be applicable.

37.

Collection of fees by stamps or e-payment.

38. Stamps to be impressed or adhesive.

39. Rules for supply, number, renewal and keeping accounts

of stamps.

40. Stamping documents inadvertently received.

41. Amended document.

42. Cancellation of stamps.

CHAPTER VII

MISCELLANEOUS.

43. Repayment of fee in certain circumstances.

44, Admission in criminal cases of documents for which proper

fee has not been paid.

45. Sale of stamps.

46. Power to reduce or remit fees.

47. Saving of fees to certain officers of High Court.

48. Saving as to stamp duties.

49. Repeal and saving.

50. Amendment of Suits Valuation Acts.

51. Reduction of Court-fee from amount of stamp duty payable on

final order of partition.

52. Rules made by Government to be laid before State

Legislature.

(iv)

Maharashtra Court-fees Act

[1959 : XXXVI

SCHEDULES.

I.

Ad valorem fees.

Table of rates of ad valorem fees leviable on the institution

of suits.

II.

Fixed fees.

III. Form of valuation.

Annexure A : VALUATION OF THE MOVEABLE AND IMMOVEABLE

PROPERTY OF DECEASED.

ANNEXURE B : SCHEDULE OF DEBTS, ETC.

IV. Laws repealed.

<

Laws amended.

1959 : XXXVI ]

ACT No. XXXVI OF 1959.!

[THe MAHARASHTRA CouURT-FEES ACT.]

[This Act received the assent of the President on the 9th June 1959;
the assent was first published in the Bombay Government Gazette, Part
IV, on the 16th June 1959.]

Adapted and modified by the Maharashtra Adaptation of Laws (State

and Cocurrent Subjects) Order, 1960.

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Amended by Mah. 18 of 1960.
18 of 1966.
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938 of 1967.
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7s 9 of 1970.
28 of 1970.
»
50 of 1974 (21-9-1974).*
57 of 1974 (12-12-1974).*
10 of 1976 (12-4-1976).*
12 of 1976 (1-7-1976).*
50 of 1976 (1-4-1976)*.
51 of 1976.
59 of 1977 (1-1-1978).*
15 of 1984 (31-7-1984).*
26 of 1986.
34 of 1994 (11-5-1994).*
23 of 1996.
23 of 1997 (21-2-1997).*+
26 of 2000 (3-3-2000).*%
18 of 2002 (1-10-2001)* tt
22 of 2004 (28-9-2004).*@
17 of 2008 (1-7-2008) *
9 of 2010 (1-9-2009)*$
25 of 2011 (8-6-2011) *$$
24 of 2012 (22-8-2012) *

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LO of 2018 G@

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An Act to consolidate and amendthe law relating to fees taken
in the courts and public offices and fees taken in respect of certain
matters in the State of Bombay, other than fees falling under
entries 77 and 96 of List 1 in the Seventh Schedule to the
Constitution of India.

Whereas it is expedient to consolidate and amendthe law relating to
fees taken in the courts and public offices and fees taken in respect of
certain matters in the State of Bombay, other than fees falling under
entries 77 and 96 of List I in the Seventh Schedule to the Constitution of

1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1959 Part V,

p. 192; for report of Select Committee, see ibid., pp. 244-306.

* This indicates the date of commencementof Act.

+ Maharashtra Ordinance No. VIII of 1997 was repealed by Mah. XXIII of 1997, s.3.

+ Maharashtra Ordinance No. IV of 2000 was repealed by Mah. XXVI of 2000,s.3.

££ Maharashtra Ordinance No. III of 2002 was repealed by Mah. XVIII of 2002, s.9.

®@ Maharashtra Ordinance No. XXXI of 2004 was repealed by Mah.XXII of 2004, s.4.

§ Maharashtra Ordinance No. III of 2010 was repealed by Mah. IX of 2010,s.3.
88 Maharashtra Ordinance No. XVI of 2011 was repealed by Mah. XXV of 2011, s.8.

e@ This Act has not come into force till 20th July 2018, therefore the amendmentscarried out

by said Act have not been incorporated herein.

 
2

Maharashtra Court-fees Act

[1959 : XXXVI

India; It is hereby enacted in the Tenth Year of the Republic of India as
follows :—

CHAPTERI

PRELIMINARY.

Short title,
extent,
commence-

1.

(1) This Act may be called ‘[the Maharashtra Court-fees Act].

(2) It extends to the whole of the ?[State of Maharashtra].

auletion

(3) It shall come into force on such *date as the State Government may,

by notification in the Official Gazette, appoint.

(4) The provisions of this Act shall not apply to fees or stamps relating
to documents presented or to be presented before any officer serving
under the Central Government.

(5) In the absence of any specific provision to the contrary nothing in
this Act shall affect any special law now in force relating to fees taken in
the courts and public offices.

Definitions.

2.

In this Act, unless the context otherwise requires—

(a) “Chief Controlling Revenue Authority” means such officer as the
State Government may, by notification in the Official Gazette, appoint in
this behalf for the whole or any part of the ?[State of Maharashtra];

(6) “ Collector” includes any officer authorised by the Chief Controlling
Revenue Authority to perform the functions of a Collector under this
Act;

(c) “Plaint” includes a written statement pleading a set-off or counter-

claim.

CHAPTER II

FEES IN THE HiGH COURT AND IN THE COURT OF SMALL

CausES AT BomBay.

Levy offees in
High Courton (ther than the sheriffs and attorneys) of the High Court;

3. The fees payable for the time being to the clerks and officers

its original
side.

or chargeable in that Court under No. 10 of the first, and Nos. 11, 14,

17, 20 and 21 of the Second Schedule to this Act annexed;

Levy offees in
Bombay
Small Causes Causes at Bombayand itsoffice,

.

and the fees for the time being chargeable in the Court of Small

Court.

shall be collected in manner hereinafter appearing.

1 This short title was amended for “Bombay Court-fees Act, 1959” by Mah 24 of 2012, s.

2, Schedule, entry 77, w.e.f. 1-5-1960.

2? These words were substituted for the words “State of Bombay” by the Maharashtra

Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

3 Ist day of August 1959 (vide G.N., H.D., No. CFA. 1056-III (a), dated 15th July 1959.)

 
1959 : XXXVI]

Maharashtra Court-fees Act

3

4,

(1) When any difference arises between the Officer whose duty it Procedure in

‘

‘

is to see that any fee is paid under this Chapter and any suitor or attorney, °@8¢ f
as to the necessity of paying a fee or the amount thereof, the question 9 necessity or
shall, when the difference arises in the High Court, be referred to the amountoffee.
taxing officer, whose decision thereon shall be final, subject to revision, on
an application, made within '[thirty days] from the date of the decision, by
the suitor or attorney or such officer as may be appointed in this behalf by
the State Government, by the Chief Justice or by such Judge of the High
Court as the Chief Justice shall appoint either generally or specially in
this behalf. The Chief Justice shall declare who shall be taxing-officer within
the meaning of this sub-section.

difference as

.

(2) When any such difference arises in the Court of Small Causes of
Bombay, the question shall be referred to the Clerk of the Court, whose
decision thereon shall be final, subject to revision, on an application, made
within ‘[thirty days] from the date of the decision, by the party concerned
or such officer as may be appointed in this behalf by the State Government,
by the Chief Judge of the Small Cause Court or by such Judge of that
Court as the Chief Judge shall appoint either generally or specially in this
behalf.

CHAPTER III

COMPUTATION OF FEES.

5.

(1) No document of any of the kinds specified as chargeable in the Fees on

first or second Schedule to this Act annexed shall be filed, exhibited or documents
recorded, in any Court of Justice, or shall be received or furnished by any Gotete in
public officer, unless in respect of such document there has been paid a fee publicoffices.
of an amount not less than that indicated by either of the said Schedules
as the proper fee for such document.

(2) When any difference arises between the officer whose duty it is to
see that any fee is paid under this Act and any suitor or his pleader, as to
the necessity of paying a fee or the amount thereof, the question shall,
when the question arises in the High Court, be referred to the taxing
officer whose decision thereon shall be final, subject to revision, on an
application, made within ‘[thirty days] from the date of the decision, by
the suitor or his pleader or such officer as may be appointed in this behalf
by the State Government, by the Chief Justice or by such Judge of the High
Court as the Chief Justice shall appoint either generally or specially in
this behalf.

(3) When any such difference arises in the City Civil Court, Bombay,
the question shall be referred to the Registrar of the City Civil Court
whose decision shall be final, subject to revision, on an application, made
within '[thirty days] from the date of the decision, by the party concerned
or such officer as may be appointed in this behalf by the State Government,
by the Principal Judge or such other Judge of the said Court as the
Principal Judge shall appoint either generally or specially in this behalf.

1 These words were substituted for the words “sixty days” by Mah. 28 of 1970, s. 2.

 
4

Maharashtra Court-fees Act

[1959 : XXXVI

(4) When such difference arises in any other Court, the question shall

be referred to the final decision of the Judge presiding over such Court.

1

*

*

*

*

*

ok

*

Computation

6. The amount of fee payable under this Act in the suits next

oavabiein hereinafter mentioned shall be computed as follows :—

certain suits.

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 mainte-

(ii) In suits for maintenance (with or without a prayer for the creation

nemtie of a charge) and for annuities or other sums payable periodically according

to the value of the subject matter of the suit, and such value shall be

deemed to be, in the case of a suit for maintenance, the amount claimed to

be payable for one year and in any other case, ten times such amount:

Provided that if in a suit for maintenance the plaintiff obtains a decree

for maintenance the defendant shall be liable to make good the deficit, if

any, between the fee payable on ten times the amount awarded for one

year and the fee already paid by the plaintiff; and the amount of such

deficit shall, without prejudice to any other modeof recovery, be recoverable

as an arrear of land revenue;

(iii) In suits for moveable property other than money, where the
for other
aban subject matter has a market-value—according to such value at the date of
havinga presenting the plaint;

market value.

against

(iv) (a) In suits for declaration to obtain adjudication against recovery

ais of money from the plaintiff, whether the recovery is as land revenue or
due asa tax, arrears of land revenue or tax or duty or cess or fee or fine or penalty or

ete. under any decree or order of a court or any certificate or award other than

under the Arbitration Act, 1940, or in any other manner-one fourth of ad Xof

valorem fee leviable on the amount sought to be recovered according to the 1aah.

scale prescribed under Article 1 of Schedule I with minimum fee of?[ sixty

rupees]:

Provided that, when in addition any consequential relief other than

possession is sought, the amount of fee shall be one half of ad valorem fee

on the amount sought to be recovered :

Provided further that, when the consequential reliefs also sought

include a relief for possession the amount of fee shall be the full ad

valorem fee on the amount sought to be recovered;

1 Sub-section (5) was deleted by Mah. 59 of 1977, s. 8.

2 These words were substitued for the words “ thirty rupees ” by Mah.18 of 2002, s. 2 (a)(Z).

 
1959 : XXXVI]

Maharashtra Court-fees Act

5

(b) In suits for declaration similar to those falling under sub-paragraph Similar oe

(a) in respect of moveable property—one fourth of ad valorem fee leviable moveable
on the value of the moveable property subject to the minimum fee as under property.

In respect 0

sub-paragraph (a) :

Provided that when in addition any consequential relief other than
possession is sought, the amount of fee shall be one-half of ad valorem fee

leviable on the value of such property:

Provided further that when the consequential reliefs also sought
include a relief for possession the amount of fee shall be the full ad
valorem fee leviable on such value;

(c) In suits for declaration of the status of plaintiff, to which for status with

remuneration, honorarium, grant, salary, income, allowance or return is Se

attached, one-fourth of ad valorem fee leviable on the emoluments or value

of return for one year:

Provided that, when in addition any consequential relief other than
possession is sought the amount of fee shall be one-half of ad valorem fee

on such emoluments or value of return:

Provided further that when the consequential reliefs also sought
include a relief for possession the amount of fee shall be the full ad

valorem fee on such emoluments or value of return;

(d) In suits for declaration in respect of ownership, or nature of forownership

tenancy, title, tenure, right, lease, freedom or exemption from, or non- otOFsable
liability to, attachment with or without sale or other attributes, of property,etc.
immoveable property, such as a declaration that certain land is personal
property of the Ruler of any former Indian State or public trust property
or property of any class or community—one-fourth of ad valorem fee
leviable for a suit for possession on the basis oftitle of the subject-matter,
subject to a minimum fee of '[one hundred rupees] :

Provided that if the question is of attachment with or without sale the
amount of fee shall be the ad valorem fee according to the value of the
property sought to be protected from attachment with or without sale or

the fee of ?[sixty rupees], whicheveris less :

Provided further that, where the defendant is or claims under or
through a limited owner, the amountof fee shall be *[one-third] of such ad
valorem fee, subject to the minimum fee specified above :

Provided also that, in any of the cases falling under this clause except

its first proviso, when in addition any consequential relief other than
possession is sought the amountof fee shall be one-half of ad valorem fee
and when the consequential reliefs also sought include a relief for possession
the amount of fee shall be the full ad valorem fee;

1 These words were substituted for the words “ forty rupees” by Mah. 18 of 2002,

s. 2a) (iW.

2 These words were substituted for the words “ thirty rupees ” by Mah. 18 of 2002,

s. 2 (a) (2) (ii).

3 These words were substituted for the words “ one-sixth ” by Mah. 23 of 1996, s.2 (A) (iii).

 
Maharashtra Court-fees Act

[1959 : XXXVI

declaration
for easements,
etc.

(e) In suits for declaration of easement or right to benefits arising out
of immoveable property, with or without an injunction or other consequential

relief, the amount of fee shall be as shown in the Table below :—

Area

(1)

1 [TABLE

Fee

(2)

(a) The area within the

limits of

one-fourth of the ad valorem fee

Municipal Corporation of
the
Brihan
the
Mumbai
Corporation of the City of the
Municipal
Nagpur

any

or

or

Corporation constituted under
the
Provincial
Municipal Corporations Act, 1949.

Bombay

(ob) Areas within

the limits

of
Municipal Councils constituted
Maharashtra
under

the

Municipal
Panchayats

Councils,

and

Nagar
Industrial

Townships Act, 1965.

leviable
possession

for
of

a
the

suit

for
servient

tenement
tenement,

the

or
whichever

dominant
less,

is

subject to a minimum fee
one hundred

rupees.

of

one-sixth of the ad valorem fee
leviable
for
servient
possession
dominant
tenement

suit

the

the

for

or

of

a

tenement,

whichever is

less,

subject to a minimum fee of one
hundred rupees.

Bom.
LIX of
1949,

Mah.
XL of
1965.

(c) Any other area in the State of

one hundred rupees.]

Maharashtra.

for other
status
without
monetary
attribute.

(In suits for declaration of

status to which no direct monetary

attribute is attached such as
is a married husband or wife of the defendant or divorced husband
or wife of the defendant or a declaration about legitimacy of children or

a declaration that the plaintiff

about citizenship

rights

or about an adoption

2fone hundred

rupees] :

Provided that where injunction or other consequential relief is also
sought in such case, the amount of fee shall be *[one hundredfifty rupees] ;

for charge on
property.

(g) In suits for declaration of a charge in favour of the plaintiff on

moveable or immoveable property—one-half of ad valorem fee payable on

the charge amount:

Provided that where injunction or other consequential relief is also

sought in such cases, the amount of fee shall be the full ad valorem fee
payable on the charge amount;

1 This Table was substituted by Mah. 18 of 2002, s.2 (a)(3).

2 These words were substituted for the words “sixty rupees”, by Mah. 18 of 2002, 2, (aH.

3 These words were substituted for the words “one hundred rupees” by Mah. 18 of 2002,

s. 2 (Ai).

 
 
 
1959 : XXXVI]

Maharashtra Court-fees Act

(h) In suits for declaration in respect of periodical charge or money
return in favour of or against the plaintiff—one half of ad valorem fee
payable on the charge for 5 years if the charge is annual and on the charge
for one year if the period of the charge is less than one year;

for periodical
money
returns.

‘T(ha) In suits for declaration that any sale, or contract for sale or
termination of contract for sale, of any moveable or immoveable property
is void ?[one-half] of ad valorem fee leviable on the value of the property;

(hb) In suits for declaration that any proceedings for compulsory
acquisition of any moveable or immoveable property are void ?[one- half]
of ad valorem fee leviable on the value of the property;]

(i) In suits for accounts—according to the amount at whichthe relief
sought is valued in the plaint or memorandum of appeal, subject to the
provisions of section 8, and subject to a minimum fee of °[one hundred
rupees];

(j) In suits where declaration is sought, with or without injunction or
other consequential relief and the subject-matter in dispute is not
susceptible of monetary evaluation and which are not otherwise provided
for by this Act *[ad valorem fee payable, as if the amount or value of the
subject matter was ‘lone thousand rupees; ]

In all suits under clauses (a) to (i), the plaintiff shall state the amount
at which he values the relief sought, with the reasons for
the valuation;

for avoidance
of sale,
contract for
sale, etc.

for avoidance
of acquisition
proceedings.

for accounts.

for other
declarations.

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

for possess-
ion of lands,
houses and
gardens.

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

(6) 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 “[eighty times] the survey
assessment; and

(c) where the whole or any part of the annual survey assessment
is remitted— a sum computed under sub-paragraph (a) or sub-
paragraph (b), as the case may be, in addition to [eighty times] the
assessment or, the portion of assessment so remitted;

1 Sub-paragraphs (ha) and (hb) were inserted by Mah.9 of 1970, s. 4(a).

2 These words were substituted for the word “one-fourth” by Mah. 23 of 1996, s.2(1Xe) and(f).

3 These words were substituted for the words “forty rupees” by Mah. 18 of 2002, s. 2(5).

4 These words were substituted for the words “thirty rupees” by Mah. 9 of 1970, s. 4(0):

5 These words were substituted for the words “six hundred rupees” by Mah. 18 of 2002,

s. 2(6).

6 These words were substituted for the words “twenty times” by Mah. 18 of 2002, s.2 (6)(b)(L).

7 These words were substituted for the words “forty times” by Mah. 18 of 2002, s.2 (6)(6)(2):

 
8

Maharashtra Court-fees Act

[1959 : XXXVI

cpenforce

(vi) In suits to enforce a right of pre-emption—according to the value
ak iene al (computed in accordance with paragraph (v) of this section) of the land,

emption.

__for share in
joint property.

house or garden in respect of which the right is claimed;

(vii) In suit for partition and separate possession of a share of joint
family property or of joint property, or to enforce a right to a share in any
property on the ground that it is joint family property or joint property
whether or not the plaintiff is in actual or constructive possession of the
property of which he claims to be a co-parcener or co-owner—according to
the value of the share in respect of which the suit is instituted;

Explanation.— For the purposes of this paragraph, if the property in
which a share is claimed consists of or includes any land assessed to land
revenue for the purpose of agriculture, the value of such land shall be
deemed to be the value as determined under paragraph (v) of this section;

for interest of
(viii) In suits for the interest of an assignee of land—revenue,'[fifty-
anceof times] his net profits as such for the year next before the date of

presenting the plaint;

to set aside

(ix) In suits to set aside an attachmentof land or of an interest in land
an attach: 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.

(x) In suits against a mortgagee for the recovery of the property

mortgaged, and in suits by a mortgagee to foreclose the mortgage,

to foreclose.

or, when the mortgage is made by conditional sale, to have the sale

declared absolute—

according to the principal money expressed to be secured by the

instrument of mortgage;

for specific
performance.

(xi) In suits for specific performance—

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

consideration,

(6) 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)
in dispute;

of an award—according to the amountor value of the property

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

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

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

(c) for the delivery by a landlord of a lease,

1 These words were substituted for the words “thirty times” by Mah. 18 of 2002, s. 2(6)(c).

fenerand
tenant.

 
1959 : XXXVI]

Maharashtra Court-fees Act

9

(d) for the recovery of immoveable property from a tenant,
including a tenant holding over after the determination of a tenancy,

(e)

to contest a notice of ejectment,

(f) to recover the occupancy of immoveable property from which

a tenant has been illegally ejected by the landlord, and

(g) for abatement of rent—

according to the amount of the rent of the immoveable property
to which the suit refers, payable for the year next before the date of
presenting the plaint.

7.

(1) The amount of fee payable under this Act on a memorandum Fee on

of appeal against an order relating to compensation under any Act for the vfappeal
time being in force for the acquisition of land for public purposes shall be against order
computed according to the difference between the amount awarded and ° award
the amount claimed ‘[or challenged] by the Appellant:

teat

[Provided that, where the State Goverment is an acquiring body, cases

in certain

it shall not be liable for payment of fee in such appeals.

Explanation.— For the purposes of this sub-section, “amount”
means the amount in dispute and it shall not include the amount of

statutory benefits]

(2) The amount of fee payable under this Act on a memorandum of
appeal against an award of a Claims Tribunal preferred under section 110-D

Viof of the *Motor Vehicles Act, 1939, shall be computed as follows :—
1939.

(i) If such appeal is preferred by the insurer or owner of the
motor vehicle—the full ad-valorem fee leviable on the amount at
which the relief is valued in the memorandum of appeal according to
the scale prescribed under Article 1 of Schedule J;

(ii) If such appeal is preferred by any other person—one half of
ad-valorem fee leviable on the amount at which therelief is valued in
the memorandum of appeal according to the said scale :

Provided that if such person succeeds in the appeal, he shall be liable
to make good the deficit, if any, between the full ad-valorem fee payable
on the relief awarded in the appeal according to the said scale and the fee
already paid by him; and the amount of such deficit shall, without
prejudice to any other mode of recovery, be recoverable as an arrear of
land revenue.

8.If the Court is of opinion that the subject-matter of any suit has Inquiry as to
been wrongly valued or if an application is made to the Court for the — of
revision of any valuation made, the Court may revise the valuation and
determine the correct valuation and may hold such inquiry as it thinksfit

for such purpose.

1 These words were inserted by Mah. 22 of 2004, s.2(a).
2 This proviso and Explanation was added by Mah. 22 of 2004, s.2(a).
* Now see the Motor Vehicles Act, 1988.

 
10

Maharashtra Court-fees Act

[1959 : XXXVI

i

9.

Investigation
to ascertain

(1) For the purpose of an inquiry under section 8 the Court may
;
proper depute, or issue a commission to, any suitable person to make such local
valuation. or other investigation as may be necessary and to report thereon to the
Court. Such report and any evidence recorded by such person shall be
evidence in the enquiry.

ts

(2) The Court may, from time to time, direct such party to the suit as
it thinks fit to deposit such sum as the Court thinks reasonable as the costs
of the inquiry, and if the costs are not deposited within such time as the
Court shall fix, may, notwithstanding anything contained in any other Act,
reject the plaint or as the case may be the appeal, if such party is the
plaintiff or the appellant and, in any other case, may recover the costs as
a public demand:

Provided that, when any plaint or appeal is rejected underthis section

the court-fee already paid shall not be liable to be refunded.

Powerof
10. (1) The Court, when making an inquiry under section 8 and any
persons
making Person making an investigation under section 9 shall have respectively for
inquiry under the purposes of such inquiry or investigation, the powers vested in a Court

.

‘

:

.

.

.

sections 8 inder the Code of Civil Procedure, 1908, in respect of the following v of
1908.

and 9.

matters, namely :—

(a) enforcing the attendance of any person and examining him on

oath or affirmation;

(6b) compelling the production of documents or material objects;

(c) issuing commissions for the examination of witnesses;

(d) taking or receiving evidence on affidavits.

(2) An inquiry or investigation referred to in sub-section (1) shall be XLVof

deemed to be a judicial proceeding within the meaning of sections 193 and 1860.
228 of the Indian Penal Code.

11.

Costs of

Ifin the result of an inquiry under section 8 the Court finds that
eeeeed the subject-matter of the suit has been undervalued, the Court may order
refundof the party responsible for the undervaluation to pay all or any part of the

excess fee. costs of the inquiry.

If in the result of such inquiry the Court finds that the subject-matter
of the suit has not been undervalued the Court may, in its discretion, order
that all or any part of such costs shall be paid by Government or by any
party to the suit at whose instance the inquiry has been undertaken, and
if any amount exceeding the proper amount of fee has been paid shall
refund the excess amount so paid.

12.

‘Appointment
(1) The State Government may appoint generally, or in any case,
or inspec
whee md or for any specified class of cases, in any local area, one or more officers
recoveryin to be called inspecting officers.

.

.

cases re-
ported by

(2) The inspecting officer may, subject to the control of the Court
them. concerned, examine the records of any case which is pending or has been
disposed of, with a view to finding out whether proper fees have been paid
therein.

1959 : XXXVI]

Maharashtra Court-fees Act

11

(3) If on such examination, the inspecting officer finds that the fee

payable under this Act on any documentfiled, exhibited or recorded in

such case has not been paid or has been insufficiently paid, he shall report

the fact to the presiding officer of the Court.

(4) Such presiding officer, after satisfying himself of the correctness of

such report, shall record a provisional finding that the proper fee has not

been paid and determine the amount of the fee payable and such further

sum as he thinks reasonable as the costs of the inquiry and the person

from whom the fee or the difference thereof, if any, and the costs shall be

recoverable.

(5) After recording a finding under sub-section (4), the presiding

officer shall issue a notice to the person referred to in that sub-section to

show cause why he should not be ordered to pay the fee and the costs

determined hereunder, and, if sufficient cause is not shown, the presiding

officer shall confirm the finding and make an order requiring such person

to pay the proper fee and the costs before a specified date.

(6) If such person fails to pay the fee and the costs in accordance with

the provisions of sub-section (5), they shall, on the certificate of such

presiding officer, be recoverable as an arrear of land revenue.

18.

(1) In a suit for the recovery of possession of immovable property Taxing of

and mesne profits or for mesne profits or for an account, the difference, if thotvescvens

any, between the fee actually paid and the fee which would have been in suits for
payable had the suit comprised the whole of the profits or amount found meanness
due shall, on delivery of judgment, be taxed by the Court and shall be

leviable from the plaintiff and if not paid by him within thirty days from

the date of the judgment be recoverable according to the law and under

the rules for the time being in force for the recovery of arrears of land

revenue.

(2) The Court shall send a copy of the decree passed in such suit to

the Collector.

(3) No decree for mesne profits passed in any such suit by the Court

shall be executed, until a certificate to the effect that such difference is

paid or recovered, signed by the Court which passed the decree or by the

Collector who recovered the amount, is produced along with the application

for such execution.

Explanation.— For the purposeof this section, “plaintiff includes any

party to a suit to whom any profits or amount are or is found to be due.

14.

(1) Every question relating to valuation for the purpose of Decision of

oe

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

3

ti

valuation

such plaint or memorandum asthe case maybe,is filed, and such decision

shall be final as between the parties to the suit.

12

Maharashtra Court-fees Act

[1959 : XXXVI

(2) But whenever any such suit comes before a Court of appeal,

reference or revision, if such Court considers that the said question has

been wrongly decided to the detriment of the revenue, it shall require the

party by whom such fee has been paid to pay so much additional fee as

would have been payable had the question been rightly decided.

Refundof fee
paid on
memo-
randum of
appeal.

15.

If an appeal or plaint, which has been rejected by the lower

Court on any of the grounds mentioned in the Code of Civil Procedure

1908, is ordered to be received, or if a suit is remanded in appeal, on any

V of
1908.

of the grounds mentioned in rule 23 of Order XLI in the first Schedule to

the same Code for a second decision by the lower Court, the Appellate

court shall grant to the appellant a certificate, authorising him to receive

back 4[from the Collector or by way of e-payment, in the manner as

prescribed by rules] the full amount of fee paid on the memorandum of

appeal :

Provided that if, in the case of remand in appeal, the order of remand

shall not cover the whole of the subject-matter of the suit, the certificate

so granted shall not authorise the appellant to receive back more than so

much fee as would have been originally payable on the part or parts of such

subject-matter in respect whereof the suit has been remanded.

Refundoffee
on applica-
tion for
review of
judgment.

16. Where an application for review of judgment is presented on or

after the 2[thirtieth day] from the date of the decree, the Court, unless the

delay was caused by the applicant’s

laches, may, in its discretion, grant

him a certificate authorizing him to receive back °[from the Collector or by

way of e-payment, in the manneras prescribed by rules] so muchofthe fee

paid on the application as exceeds the fee which would have been payable

had it been presented before such day.

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

17. Where an application for a review of judgment is admitted, and

where, on the rehearing, the Court reverses or modifies its former decision

on the ground of mistake in law or fact, the applicant shall be entitled to

a certificate from the Court authorizing him to receive back ‘[from the

Collector or by way of e-payment, in the manner as prescribed by rules] so

much of the fee paid on the application as exceeds the fee payable on any

other application to such court under the second schedule to this Act No.

1, clause (c) or clause (/).

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.

1 These words were substituted for the words “ from the Collector ” by Mah. 25 of 2011, s. 2.

2 These words were substituted for the words “ ninetieth day ” by Mah. 50 of 1976,s. 2.

3 These words were substituted for the words “ from the Collector ” by Mah. 25 of 2011, s. 3.

4 These words were substituted for the words “ from the Collector ” by Mah. 25 of 2011, s. 4.

 
1959 : XXXVI]

Maharashtra Court-fees Act

13

117A. Where certificate is granted to any person under section 15,
16 or 17, no fee thereunder shall be refunded, unless such person presents
it to the Collector or such other authority as may be prescribed by rules,
for encashment, within two years from the date of issue of the certificate
by the Court].

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

Period of
limitation for
refundof fees
undersection
15, 16 or 17.

Multifarious
suits.

Nothing in the former part of this section shall be deemed to affect
the power conferred by the Code of Civil Procedure, 1908, Schedule I,
Order II, rule 6.

V of
1908.

19. When the first or only examination of a person who complaints
of the offence of wrongful confinement, or wrongful restraint, or of any
offence other than an offence for which police officers may arrest without
a warrant, and who has not already presented a petition on which a fee
has been levied under this Act, is reduced to writing under the provisions
of the ?[Code of Criminal Procedure, 1973], the complainant shall pay a fee
of [ten rupees] unless the Court thinks fit to remit such payment.

3[2 of
1974.]

20

 5[(1)] Nothing contained in this Act shall render the following

documents chargeable with any fee :—

Written
examinations
of complain-
ants.

Exemption of
certain
documents.

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

(ii) Application for certified copies of documents or for any other
purpose in the course of a criminal proceeding presented by or on
behalf of the State Government to a criminal

court;

(iii) Written statements called for by the Court after the first

hearing of a suit.

(iv) Probate of a will, letters of administration, and, save as
regards debts and securities, a certificate under Bombay Regulation
VIII of 1827 or any corresponding law in force, where the amount or
value of the property in respect of which the probate or letters or
certificate shall be granted does not exceed one thousand rupees.

(v) Application or petition to a Collector or other officer making
a settlement of land-revenue, or to a Board of Revenue, or a
Commissioner of Revenue, relating to matters connected with the
assessment of land or the ascertainment of rights thereto or interest
therein, if presented, previous to the final confirmation of such
settlement.

1 Section 17A wasinserted by Mah. 18 of 1966,s.2.

2 These words were substituted for the words “ Code of Criminal Procedure, 1898” by

Mah. 23 of 1996, s.3(a).

3 These figures and word were substituted for the letter and figures “ V of 1898” by

Mah. 23 of 1996, s.3(a).

4 These words were substituted for the words “ two rupees” by Mah.18 of 2002, s.3.

5 Section 20 was re-numbered as sub-section (1) and sub-section (2) was added by Mah. 18

of 1960, s.2.

H-186-2 (F)

 
14

Maharashtra Court-fees Act

[1959 : XXXVI

(vi) Application relating to a supply for irrigation of water

belonging to Government.

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

(viii) Application for service of notice of relinquishment of land or

of enhancement of rent.

(ix) Written authority to an agent to distrain.

(x) Petition, application, charge or information respecting any
offence when presented, made or laid to or before a Police Officer, or
to or before the Heads of Villages or the Village Police.

(xi) Petition by a prisoner, or other person in duress or under

restraint of any Court or its Officer.

(xii) Complaint of a public servant (as defined in the Indian Penal
Code), a Municipal Officer, or an officer or servant of a Railway
Company.

XLV of
1860.

(xiii) Application for the payment of money due by Government to

the applicant.

(xiv) Petition of appeal against any Municipal Tax.

(xv) Applications for compensation under any law for the time
being in force relating to the acquisition of property for
public purposes, other than those chargeable under Article 15 of
Schedule I.

11(2) Nothing contained in this Act shall render an application to the
Court under section 543 of the Companies Act, 1956, chargeable with any
fee:

lof
1956.

Provided that, if the applicant succeeds, the person, director, managing
agent, secretary and treasurer, manager, liquidator or officer of the company
concerned against whom an order is made by the Court under thatsection,
shall be liable to pay the fee leviable on a plaint in a suit for the samerelief
as is ordered by the Court; and the amount of such fee shall, without
prejudice to any other mode of recovery, be recoverable as an arrear of
land revenue].

CHAPTER IV
PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION.

Reliefwhere
too high a
court-fee has
been paid.

21. Where any person on applying for the probate of a will or letters
of administration has estimated the property of the deceased to be of
greater value than the same has afterwards proved to be, and has
consequently paid too high a court-fee thereon, if within six months
after the true value of the property has been ascertained, such person
produces the probate or letters to the Chief Controlling Revenue
Authority for the local area in which the probate or letters has or have
been granted,

1 Section 20 was re-numbered as sub-section (1) and sub-section (2) was added by Mah.18 of

1960, s. 2.

 
1959 : XXXVI ]

Maharashtra Court-fees Act

15

and delivers to such Authority a particular inventory and valuation of

the property of the deceased, verified by affidavit or affirmation,

and if such Authority is satisfied that a greater fee was paid on the

probate or letters than the law required,

the said Authority may—

(a) cancel the stamp on the probate or letters if such stamp has

not been already cancelled;

(b) substitute another stamp for denoting the court-fee which

should have been paid thereon; and

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

22. Whenever it is proved to the satisfaction of such Authority that Retietwhen

an executor or administrator has paid debts due from the deceased to such 0, a
an amount as, being deducted out of the amount or value of the estate, deceased
reduces the same to a sum which, if it had been the whole gross amount pecaidwat
or value of the estate, would have occasioned a less court-fee to be paid on ofhis estate.
the probate or letters of administration granted in respect of such estate
than has been actually paid thereon under this Act,

Such Authority may return the difference, provided the same be

claimed within three years after the date of such probate or letters.

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

23. Whenever a grant of probate or letters of administration has Reliefin case

been or is made in respect of the whole of the property belonging to an vee
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 like grant
is made in respect of the whole or any part of the same property belonging

to the same estate.

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

_
24, The probate of the will or the letters of administration of the Probates
effects of any person deceased here to before or hereafter granted shall be ooo
deemed valid and available by his executors or administrators for property,
recovering, transferring or assigning any moveable or immoveable property onteedber
whereof or whereto the deceased was possessed or entitled, either wholly court-fee.
or partially as a trustee, notwithstanding the amount or value of such

H-186-3 (F)

16

Maharashtra Court-fees Act

[1959 : XXXVI

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

Provision for

25. Where any person on applying for probate or letters of

casewhere administration has estimated the estate of the deceased to be of less value
court-fee has than the same has afterwards proved to be, and has in consequence paid

orbs,ete too low a court-fee thereon, the Chief Controlling Revenue Authority for
the local area in which the probate or letters has or have been granted

may, on the value of the estate of the deceased being verified by affidavit

or affirmation, cause the probate or letters of administration to be duly
stamped on payment of the full court-fee which ought to have been

originally paid thereon in respect of such value andof the further penalty,

if the probate or letters is or are produced within one year from the date

of the grant, of five times, or, if it or they is or are produced after one year
from such date, of twenty times, such proper court-fee, without any
deduction of the court-fee originally paid on such probate or letters :

Provided that if the application be made within six months after the
ascertainment of the true value of the estate and the discovery that too low

a court-fee was at first paid on the probate or letters, and if the said

Authority is satisfied that such fee was paid in consequence of a mistake

or of its not being known at the time that someparticular part of the estate

belonged to the deceased, and without any intention of fraud or to delay
the paymentof 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 atfirst

paid thereon.

Administra-

26. In case of letters of administration on which too low a court-fee

proper

tor to give has been paid at first, the said Authority shall not cause the same to be
security fully stamped in manner aforesaid until the administrator has given
before setters such security to the Court by which the letters of administration have
ander secuton been granted as ought by law to have been given on the granting thereof

ws

‘

5

i

‘

25. in case the full value of the estate of the deceased had been then

ascertained.

27. Where too low a court-fee has been paid on any probate or
Executors,etc.
SO letters of administration in consequence of any mistake, or of its
probates, etc. not being known at the time that some particular part of the estate
ooeck belonged to the deceased, if any executor or administrator acting under

discovery of Such probate or

letters does not, within six months after
under the discovery of the mistake or of any effects not known at the time to

peyemen have belonged to the deceased, apply to the said Authority and
pay what is wanting to make up the court-fee which ought to have been

paid at first on such probate or letters, he shall forfeit the sum of one

thousand rupees and also a further sum at the rate of ten rupees

per cent. on the amount of the sum wanting to make up the proper

court-fee.

17

Notice of
applications
for probate or
letters of
administra-
tion to be
given to
Revenue
Authorities,
and procedure
thereon.

1959 : XXXVI ]

Maharashtra Court-fees Act

28. (1) Where an application for probate or letters of administration

is made in any Court other than the High Court, the Court shall cause

notice of the application to be given to the Collector.

(2) Where such an application as aforesaid is made to the High Court,

the High Court shall cause notice of the application to be given to the

Chief Controlling Revenue Authority.

(3) The Collector within the local limits of whose revenue-jurisdiction

the property of the deceased or any part thereof is, may at any time

inspect or cause to be inspected, and take or cause to be taken copies of,

the record of any case in which application for probate or letters of

administration has been made; and if, on such inspection or otherwise, he

is of opinion that the petitioner has under-estimated the value of the

property of the deceased, the Collector shall forward his report, giving

therein his reasons for his opinion and his estimate of the true valuation,

to the Prothonotary of the High Court or the Court, as the case may be,

serving at the same time a copy of his report on the petitioner.

(4) If within thirty days from the date of receipt of the copy of the

Collector’s report served on him under sub-section (3), the petitioner does

not file in court his objections to the Collector’s valuation, the Court shall

make an order amending the petitioner’s valuation, in accordance with the

report of the Collector.

(5) If within the aforesaid period the petitioner files in court his

objection, the Court shall hold, or cause to be held, an inquiry in accordance

with the provisions of sections 9, 10 and 11 as if the application were a

suit, and shall record a finding as to the true value, as near as may be, at

which the property of the deceased should have been estimated. The

Collector shall be deemed to be a party to the inquiry.

(6) The finding of the Court recorded under sub-section (5) shall be
final, but shall not bar the entertainment and disposal by the Chief

Controlling Revenue Authority of any application under section 25.

(7) The State Government may make rules for the guidance of

Collectors in the exercise of the powers conferred by sub-section (3).

29.

(1) No order entitling the petitioner to the grant of probate or

letters of administration shall be made upon an application for such grant

until the petitioner has filed in the Court a valuation of the property in

the form set forth in the third Schedule, and the Court is satisfied that the

fee mentioned in No. 10 of the first Schedule has been paid on such

Paymentof
court-fee in
respect of
probate and
letters of
administra-
tion.

valuation.

(2) The grant of probate or letters of administration shall not be

delayed by reason of any report made by the Collector under section 28,

sub-section (3).

18

Recovery of
penalties, etc.

Sections 5
and 40 not to
apply to
probates or
letters of
adminstra-
tion.

Rules as to
costs of
processes.

Maharashtra Court-fees Act

[1959 : XXXVI

30. (7) Any excess fee found to be payable on an inquiry held under
section 28 and any penalty or forfeiture under section 27, may, on the
certificate of the Chief Controlling Revenue Authority, be recovered from
the executor or administrator as if it were an arrear of land-revenue by
any Collector.

(2) The Chief Controlling Revenue Authority may remit the whole or
any part of any such penalty or forfeiture as aforesaid or any part of any
penalty under section 25 or of any court-fee under section 25 in excess of
the full court-fee which ought to have been paid.

31. Nothing in section 5 or section 40 shall apply to probates or letters

of administration.

CHAPTER V

Process FEES.

32. The High Court shall make rules as to the following

matters :—

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

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

(iii) the remuneration of the peons and all other persons employed

by leave of a Court in the service or execution of processes.

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

made.

Confirmation
and publica-
tion of rules.

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

Tables of
process-fees.

33. A table in the English and regional languages, showing the fees
chargeable for such service and execution, shall be exposed to view in a
conspicuous part of each Court.

Numberof
peonsin
District and
subordinate
Courts.

34.

Subject to rules to be made by the High Court and approved by
the State Government, every District Judge, the Principal Judge of the
Bombay City Civil Court and every Magistrate of a District shall fix, and
may from time to time alter the number of peons necessary to be employed
for the service and execution of processes issued out of his Court, and each
of the Courts subordinate thereto,

Numberof
peonsin
Mofussil
Small Causes
Courts.

and for the purposes of this section, every Court of Small Causes
established under the Provincial Small Cause Courts Act, 1887, shall be IXof
1887.
deemed to be subordinate to the Court of the District Judge.

1959 : XXXVI ]

Maharashtra Court-fees Act

19

35.

Subject to rules to be framed by the Chief Controlling Revenue
Authority and approved by the State Government, every officer performing
the functions of a Collector of a District shall fix, and may from time to
time alter, the number of peons necessary to be employed for the service
and execution of processes issued out of his Court or the Courts subordinate
to him.

Numberof
peons in
Revenue
Courts.

CHAPTER VI

Or THE Mope or Levyine FEEs.

36.

All fees shall be charged and collected under this Act at the rate
in force on the date on which the document chargeable to court-fee is or
was presented.

137.

All fees referred to in section 3 or chargeable under this Act

shall be collected by stamps or e-payment].

38. The stamps used to denote any fees chargeable under this Act
shall be impressed or adhesive or partly impressed or partly adhesive, as
the State Government may, by notification in the Official Gazette from
time to time, direct.

39. The State Government may, from time to time, make rules for

regulating—

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

(6) the number of stamps to be used for denoting any fee

chargeable under this Act;

(c) the renewal of damaged or spoiled stamps, ?[ * * * ];

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

3[(e) the manner of payment of court-fee and refund thereof by

e-payment]:

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

All such rules shall be published in the Official Gazette, and shall

thereupon have the force of law.

40. No document which ought to bear a stamp under this Act shall

be of any validity, unless and until it is properly stamped.

But, if any such documentis through mistake or inadvertence received,
filed or used in any Courtor office without being properly stamped, the
presiding Judge or the headof the office, as the case may be,or, in the case
of the High Court, any Judge of such Court, may,if he thinksfit, order that
such document be stamped as he maydirect; and, on such document being
stamped accordingly, the same and every proceeding relative thereto shall
be as valid as if it had been properly stamped in the first instance.

Rate of fee in
force on date
of presenta-
tion of
documentto
be applicable.

Collection of
fees by
stamps or
e-payment.

Stamps to be
impressed or
adhesive.

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

Stamping
documents
inadvertently
received.

1 Section 37 was substituted by Mah. 25 of 2011, s. 5.

2 The word “and” was deleted by Mah. 25 of 2011, s. 6(Z).

3 Clause (e) was added by Mah.25 of 2011, s. 6(2).

 
20

Maharashtra Court-fees Act

[1959 : XXXVI

Amended
document.

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

Cancellation
of stamps.

42. No document requiring a stamp under this Act shall be filed or
acted upon in any proceeding in any Court or office until the stamp has
been cancelled.

Such officer as the Court or the head of office may from time to time
appoint shall, on receiving any such document, forthwith effect such
cancellation by punching out the figure-head so as to leave the amount
designated on the stamp untouched, and the part removed by punching
shall be burnt or otherwise destroyed:

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

CHAPTER VII

MISCELLANEOUS.

Repaymentof
fee in certain
circum-
stances.

43.

(1) When any suit in a Court 2[or any proceeding instituted by
presenting a petition to a Court under the Hindu Marriage Act, 1955,] is
settled by agreement of parties before any evidence is recorded, or any
appeal or cross objection is settled by agreement of parties before it is
called on for effective hearing by the Court, half the amount of the fee paid
by the plaintiff, *[petitioner,] appellant, or respondent on the plaint,
case may be,
‘[petition,]
shall be repaid to him by the Court:

objection,

appeal

cross

the

as

or

XXV of
1955.

Provided that, no such fee shall be repaid if the amount of fee paid
does not exceed ‘[twenty-five rupees] or the claim for repayment is not
made within one year from the date on which the suit, ®[proceeding,]
appeal or cross objection was settled by agreement.

1 This proviso was added by Mah. 25 of 2011, s. 7.

2 These words were inserted by Mah.33 of 1967, s. 2(a)(i).

3 This word was inserted by Mah.33 of 1967, s. 2(a) (ii).

4 This word was inserted by Mah. 33 of 1967, s. 2(a)(iii).

5 These words were substituted for the words “ five rupees “ by Mah. 18 of 2002, s. 4.

5 This word wasinserted by Mah. 33 of 1967, s 2(a)(iv).

 
1959 : XXXVI]

Maharashtra Court-fees Act

21

(2) The State Government may, from time to time, by order, provide
for repayment to the plaintiffs, '[petitioners,] ?[complaints under section
f 138 of the Negotiable Instruments Act, 1881,]
appellants or respondents
‘ of any part of the fee paid by them on plaints, *[petitions,] ‘[complaints
¢ under section 138 of the Negotiable Instruments Act, 1881,] appeals or
- cross objections, in suits [complaints under section 138 of the Negotiable
f Instruments Act, 1881,] ®[proceedings] or appeals disposed of under such
" circumstances and subject to such conditions as may be specified in the

26 o
1881

26 0
1881
26 o
1881

order.

Explanation.—For the purpose of this section, effective hearing shall
exclude the dates when the appeal is merely adjourned without being
heard or argued.

44, Whenever the filing or exhibition in a Criminal Court of a
document in respect of which the proper fee has not been paid is, in the
opinion of the presiding Judge, necessary to prevent a failure of justice,
nothing contained in section 5 shall be deemed to prohibit such filing or
exhibition.

Admission in
criminal cases
of documents
for which
proper fee has
not beenpaid.

45.

(1) The State Government may, from time to time make rules for
regulating the sale of stamps to be used under this Act, the persons by
whom alone such sale is to be conducted, and the duties and remuneration
of such persons.

Sale of
stamps.

(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 whosells or offers for
sale any stamp, shall, on conviction, be punished with imprisonment for a
term which may extend to six months, or with fine which may extend to
“[two thousand rupees, but which shall not be less than five hundred
rupees], or with both.

46. The State Government may, from time to time, by notification in
the Official Gazette, reduce or remit, in the whole or in any part of the
territories under its administration all or any of the fees mentioned in the
first and second schedules to this Act annexed, and may in like manner
cancel or vary such order.

Powerto
reduceor
remit fees.

47. Nothing in Chapters II and VI of this Act applies to the fees
which any officer of the High Court is allowed to receive in addition to a
fixed salary.

Saving of fees
to certain
officers of
High Court.

8 [

ok

Eo

ok

]

1 This word was inserted by Mah.33 of 1967, s. 2(6) (i).

2 These words and figures were inserted by Mah. 17 of 2008,s. 2 (i).

3 This word was inserted by Mah. 33 of 1967, s. 2(6) (ii).

‘4 These words and figures were inserted by Mah. 17 of 2008,s. 2(ii).

5 These words and figures were inserted by Mah. 17 of 2008, s. 2(iii).

6 This word was inserted by Mah.33 of 1967, s. 2(6)(iii).

7 These words were substituted for the words “ five hundred rupees” by Mah.18 of 2002,s.5.

8 Section 47-A was deleted by Mah. 18 of 2002,s. 6.

 
22

Savingas to
stamp duties.

Maharashtra Court-fees Act

[1959 : XXXVI

48.

Nothing in this Act shall be deemed to affect the stamp duties
chargeable under any other law for the time being in force relating to
stamp duties.

Repeal and
saving.

49.

(1) On the commencement of this Act, the laws specified in
column 3 of Schedule IV hereto annexed shall be repealed in the manner
and to the extent specified in column 4 thereof:

Provided that, such repeal shall not affect the previous operation of
any of the laws so repealed and anything done or any action taken
(including any appointment, notification, order, rule, form, application,
reference, notice, report or certificate made or issued) under any such law
shall, in so far as it is not inconsistent with the provisions of this Act, be
deemed to have been done or taken under the corresponding provision of
this Act and shall continue to be in force accordingly, unless and until
superseded by anything done or any action taken under this Act :

Provided further that, all the fees shall be charged and collected
under this Act at the rate in force on the date on which the document
chargeable to court-fee is or was presented.

(2) (a) All stamps in denominations of annas four or multiples thereof
shall be deemed to be stamps of the value of twenty-five naya paise or, as
the case may be, multiples thereof and valid accordingly.

(6) If any person is possessed of a stamp or stamps in any
denominations other than denominations of annas four or multiples thereof,
and such stamps or stamps has or have not been spoiled, the Collector
shall repay to such person the value of such stamp or stamps in money
calculated in accordance with the provisions of sub-section (2) of section 14
of the Indian Coinage Act, 1906, upon such person delivering up, within six
months from the commencement of this Act, such stamp or stamps to the
Collector.

III of
1906.

Amendment
of Suits
Valuation
Acts.

50. On the commencement of this Act, the laws specified in column
3 of Schedule V hereto annexed shall be amended in the mannerandto the
extent specified in column 4 thereof.

3[Reduction of
court-fee from
amount of
stamp duty
payable on
final order of
partition].

51.

Notwithstanding anything contained in the *Bombay Stamp Act,
1958, where court-fee is paid in a suit for partition in accordance with the
provisions of clause (vii) of section 6 of this Act, [the stamp duty] payable
on a final order for effecting a partition passed by any Revenue Authority
or any Civil Court under article 46 in Schedule 1 to the *Bombay Stamp
Act, 1958 2[, shall be reduced by the amount of the Court-fee paid in such
suit].

Bom. LX
of 1958.

Bom. LX
of 1958.

1 These words were substituted for the words “no stamp duty shall be” by Mah. 34 of

1994, s. 2 (i).

2 These words were added, by Mah. 34 of 1994, s. 2 (ii).

3 The marginal note was substituted by Mah. 34 of 1994, s. 2 (iii).
* Now see the Maharashtra Stamp Act.

 
1959 : XXXVI ]

Maharashtra Court-fees Act

23

52.

All rules made by the State Government under this Act shall be Rules made
laid before each House of the State Legislature as soon as may be after by Govern-
mentto be
they are made and shall be subject to such modifications as the State [.:4 pefore
Legislature may make during the session in which they are so laid or the State Legisla-
session immediately following.

ture.

SCHEDULEI

Ad valorem fees

Number.
(1)

Lae
(2)

Proper fee
(3)

Plaint or memorandum of When the amount or value ofthe Two hundred rupees.

‘i.
appeal(not otherwise provided
for in this Act) or, of cross
objection presented to any
Civil or Revenue Court.

subject matter in dispute does
not exceed one thousand
rupees.

When such amountor value
exceeds one thousand rupees,
for every one hundred rupees,
or part thereof, in excess of one
thousand rupees, upto five
thousand rupees.

When such amount or value
exceeds five thousand rupees,
for every hundred rupees, or
part thereof, in exeess of five
thousand rupees, upto ten
thousand rupees.

When such amount or value
exceeds ten thousand rupees,
for every five hundred rupees,
or part thereof, in excess often
thousand rupees, upto twenty
thousand rupees.

When such amount or value
exceeds twenty thousand
rupees, forevery one thousand
rupees, or part thereof, in
excess of twenty thousand
rupees, upto thirty thousand
rupees.

When such amount or value
thirty thousand
exceeds
rupees, for every two thousand
rupees, or part thereof, in
excess of thirty thousand
rupees, upto fifty thousand
rupees.

When such amountor value
exceedsfifty thousand rupees,
for every five thousand rupees,
or part thereof, in excess offifty
thousand rupees, upto one lakh
of rupees.

When such amountor value
exceeds one lakh of rupees, for
every ten thousand rupees, or

Twelve rupees.

Fifteen rupees.

Seventy-five rupees.

One hundred rupees.

One hundredrupees.

One hundred andfifty
rupees.

Two hundred rupees.

1 Article 1 was substituted by Mah. 18 of 2002, s. 7.

 
 
 
24

Maharashtra Court-fees Act

[1959 : XXXVI

Number.
(1)

Proper fee
(3)

One thousand and two
hundred rupees].

SCHEDULE I—contd.

(2)
part thereof, in excess of one
lakh of rupees, upto eleven
lakh of rupees.

When such amountor value
exceeds eleven lakh of rupees,
for every one lakh ofrupees, or
part thereof, in excess ofeleven
lakh of rupees:

Provided that, the maximum fee
leviable on the plaint or
memorandum of appeal or of
cross objection shall be three
lakh ofrupees.

A fee of one-half the amount XLII of
prescribed in the scale under 1963.
Article 1.

A fee on the amountor value of
the award sought to be set
aside or modified, according to
scale prescribed under
the
Article 1.

A fee ofone-halfofthe ad valorem
fee on the amountorvalue of
the award sought to be set
aside or modified, according to 26 of
the scale prescribed under 1996.
Article-1].

The samefee as is leviable ona
plaint in a suit to obtain the
relief granted in the decree or
order, as the case may be.

A fee on the extent of the value
of alienation to be set aside,
according
scale
to
prescribed underArticle 1.

the

2.

Plaint in
*

a suit for
possession under [section 6
of the Specific Relief Act,
1963].

1

:

8.

Plaint, application or
petition
(including
memorandum of appeal), to
set aside er modify any
*),
*[ #
award

*

*I8A.

Application or petition
(including Memorandum of
Appeal) to setaside or modify
arbitral award under the
Arbitration and Conciliation
Act, 1996.

4.

Plaint, application or
petition
(including
memorandum of appeal)
which is capable of being
treated as a suit, to set aside
a decree or order having the
force of a decree.

5.

to

in

or

set

a_
suit,
Plaint
application
petition
(including memorandum of
appeal),
aside
alienation to which the
plaintiff,
or
appellant, as the case maybe,
was a party, either directly
or through a legal guardian
other than de facto or ad hoc
guardian, manageror partner
or court.

applicant

1 These words and figures were substituted for the words andfigures “ the openJRelief

Act, 1877, section 9” by Mah. 23 of 1996, s. 4(d).

2 The words and figures “otherwise than under the Arbitration Act, 1940” were deleted by

Mah. 9 of 2010, s.2 (a).

3 Article 3A was inserted by Mah. 9 of 2010, s.2(d).

 
 
 
1959 : XXXVI]

Maharashtra Court-fees Act

25

SCHEDULE I—contd.

Lae
(2)
 —.....

Proper fee
(3)
A fee of one-half of the amount
prescribed in the scale under
Article 1.

6.

a

Plaint

Number
(1)
suit
in
(including memorandum of
appeal)
for possession
between the guardian and
ward,
and
beneficiary, principal and
agent, wife and husband,
executor or administrator
and beneficiary, receiver
and ownerof property and
between persons having
fiduciary relationship.

trustee

7. Any

plaint,
other
application or petition
(including memorandum of
appeal), to obtain sub-
stantive relief capable of
being valued in terms of
monetary gain or prevention
of monetary loss, including
cases wherein application
or petition is either treated
as a plantor is described as
the mode of obtaining the
relief as aforesaid.

8.

Application for review
ofjudgment ifpresented on
or after the ‘[thirtieth day],
from the dateof the decree.

9. Applicationforreviewof
judgment if presented
before the ! [thirtieth day]
from the date of the decree.

 .....

A fee on the amount of the
monetary gain, or loss to be
prevented, according to the
scale prescribed underArticle 1.

=...

~.....

Thefee leviable on the plaint or

memorandum of appeal.

One-halfofthe fee leviable on the
plaint or memorandum of
appeal.

?[10.

Probate of a will or When the amount or value Two percent.

letters of administration
with or without will
annexed.

of the property in respect of
which the grant of probate or
letters is made exceeds one
thousand rupees, on the
amount or value upto fifty
thousand rupees.

When the amount or value of
the property in respect of
which the grant ofprobate or
letters is made exceedsfifty
thousand rupees,on the part
of the amount or value in
excess of fifty thousand
rupees upto two lakh rupees.

When the amount or value of
the property in respect of
which the grant ofprobate or
letters is made exceeds two
lakh rupees,on the part ofthe

Four percent.

Six per cent.

1 These words were substituted for the words “ ninetieth day” by Mah. 50 of 1976,s. 3.

2 Article 10 was substituted by Mah. 34 of 1994,s. 3.

 
 
 
26

Maharashtra Court-fees Act

[1959 : XXXVI

ScHEDULE I.—contd.

Number
(1)

(2)

Proper fee
(3)

amountor value in excess of
two lakh rupees upto three
lakh of rupees.

When the amountor value of
the property in respect of
which the grant of probate or
letters is made exceeds three
lakh rupees,on the part ofthe
amountor value in excess of
three lakh of rupees :

the

Provided that when, after the
grant of a certificate under
Part X of
Indian
Succession Act, 1925, or under
Bombay Regulation VIII of
1827 or any corresponding
law for the time being in
force, in respect of any
property included in an
estate, a grant of probate or
letters of administration is
made in respect of the same
estate, the fee payable in
respect ofthe later grant shall
be reduced by the amountof
the fee paid in respect of the
former grant.]

11.

Certificate under Part X
of the Indian Succession Act,
1925.

XXXIX
of 1925.
Reg.
VIII of
1827.

XXXIX
of 1925.

Seven and half per cent.
subject to the maximum of
75,000 rupees.

The fee leviable in the case ofa
probate (Article 10) on the
amountor value of any debt
or security specified in the
certificate under section 374
of the Act, and *[two times]
this fee on the amount or
value of any debtor security
to which the certificate is
extended undersection 376 of
the Act.

Note.—(1) The amount of a
debt is its amount including
interest on the day on which
the inclusion of the debt in
the certificate is applied for,
so far as such amount can be
ascertained;

(2) Whetheror 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 poweris for the
receiving of interest or
dividend on, or for the
negotiation or transfer of the
security, or for the both
purposes the value of the

1 These words were substituted for the words “one and a half time” by Mah. 18 of 2002,s.7 (0).

 
 
1959 : XXXVI]

Maharashtra Court-fees Act

27

SCHEDULE I.—contd.

Number
(1)

wee
(2)

Proper fee
(3)

Reg. 12.

VIII of
1827.

Certificate under Bombay
Regulation VIII of 1827 or
under any corresponding law
in force.

13.

Plaint presented with an
originating summons under
the Rules ofthe High Court of
Bombay (Original Side),
[1980].

15. Application

to

the
Collector for a reference to
the Court under section 18
of the Land Acquisition Act,
in its application to
1894,
the
[Bombay area] or the
Vidarbha region ‘lof the
State of Maharashtra] °[**]
or section 14 of the Land
Acquisition
its
application to the Hyderabad
area of that State, as the
case may be.

Act

in

16.

Application or petition
made by any assessee to the
High Court *[under sub-
section (2) of section 256 of
the Income Tax Act, 1961].

lof
1894.

Hyd. IX
of 1309
Fasli.

XLIIof
1961.

security is its market value
on the day on which the
inclusion ofthe security in the
certificate is applied for, so
far as such value can be
ascertained.

Thefee leviable in the case of a
probate (Article 10) on the
amount or valueofthe pro-

perty in respect of which the
certificate is granted.

Thefee leviable on a plaintina
suit or the samerelief, subject
to a minimum fee of ?[one
hundred rupees].

One-halfofad-valorem fee on the
difference, if any, between the
amount awarded by the
Collector and the amount
claimed by the applicant,
according to the scale pres-
cribed under Article 1 of
Schedule I, subject to a
minimumfee of “[fifty rupees].

between

One-half of ad valorem fee
leviable on the amount in
the
dispute *[(namely,
the
difference
amount of tax
actually
assessed and the amount of
tax admitted by the assessee
as payable by him),] subject
to the minimum fee of '[one
hundred twenty-five rupees].

D
N

o
O

a

a

n
o

10

These figures were substituted for the figures “ 1957” by Mah. 28 of 1996, s. 4 (c)i).
These words were substituted for the words “ sixty rupees” by Mah. 18 of 2002,s.7 (c).
Article 14 was deleted by Mah. 18 of 1960, s. 3(d).
These words were substituted for the words “ pre-reorganisation State of Bombay excluding
the transferred territories” by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
These words were substituted for the words “ or Kutch area of the State of Bombay” by the
Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
The portion from “ or section 18" to “Ordinance, 1948” was omitted, by the Maharashtra
Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
These words were substituted for the words “ thirty rupees” by Mah. 18 of 2002, s. 7(d).
These words, brackets and figures were substituted for the words and figures “ under
section 66 of the Indian Income Tax Act, 1922 ” by Mah. 23 of 1996, s. 4(e)(z).
This portion was substituted for the brackets and words “ (namely, the difference between
the amount actually assessed and the amount admitted by the assessee as assessable)” by
Mah. 18 of 1960, s. 3(c).
These words were substituted for the words “one hundred rupees” by Mah.18 of 2002, s. 7(e).

 
 
 
28

Maharashtra Court-fees Act

[1959 : XXXVI

SCHEDULE I.—contd.

Proper fee
(3)

Number.
(1)

(2)
 *T16A.
An appeal filed after the Ist
Ad valorem fee leviable on the
June 1999 and pending
amount in dispute, that is,
before
the High Court
the difference between the
against the order passed in
amount of tax actually
appeal by the Appellate
assessed and the amount
Tribunal, under section
of tax admitted by the
260A(2) of the Income Tax
assessee as payable by him,
Act, 1961.
subject to maximum fee of
Rs. 10,000.

16B.

An appeal filed after the 1st
June 1999 and pending
before the High Court against
the order passed in appeal
by the Appellate Tribunal,
under section 27A of the
Wealth Tax Act, 1957.

17.

Application or petition
made by any person (other
than the Collector or the
Commissioner) to the High
Court underany provision of
the sales tax
law for the
time being in force in any
part
of
the
Maharashtra].

[State

of

One-half of the ad valorem fee
leviable on the amount of
dispute that is, the difference
between the amount of tax
actually assessed and the
amount of tax admitted by
the assessee as payable by
him, subject to the maximum
of Rs. 5,000].

One-halfof ad valorem fee
leviable on the amountin dis-
pute *[(namely, the difference
between the amount of tax
actually assesssed and the
amount of tax admitted
by the assessee as payable by
him),] subject to the minimum
fee of “lone hundred fifty
rupees].

“118.

Application or petition
containing complaint or
charge of an offence under
section 138 of the Negotiable
Instruments Act, 1881.

(A) When the amount of Two hundred rupees.

cheque does not exceed ten
thousand rupees.

(B) When the amount of
cheque exceeds ten thousand
rupees.

Two hundred rupees for every
ten thousand rupees or part
thereof
the
subject
maximum ofrupees one lakh
fifty thousand].

to

1 Articles 16A and 16B were inserted by Mah. 26 of 2000, s.2(d).

2 These words were substituted for the words “ State of Bombay” by Mah. 23 of 1996,

s. 4()(Z).

3 This portion was substituted for the words “ (namely, the difference between the amount
actually assessed and the amount admitted by the assesee as assessable)” by Mah. 18 of
1960, s.3(c).

4 These words were substituted for the words“one hundred” by Mah.18 of 2002, s. 7(/).

5 Article 18 was inserted by Mah. 17 of 2008, s.3.

43 of
1961.

27 of
1957.

26 of
1881.

 
 
1959 : XXXVI]

Maharashtra Court-fees Act

[Table of rates of ad valorem fees leviable on the institution of suits.

SCHEDULE I.—contd.

Whenthe
amount or
value of the
subject-
matter
exceeds.
(1)

Rs.

1,000

1,100

1,200

1,300

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

3,300

3,400

3,500

3,600

3,700

3,800

3,900

4,000

4,100

But does
not
exceed.

Proper
fee.

(2)

Rs.

1,000

1,100

1,200

1,300

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

8,000

3,100

3,200

3,300

3,400

3,500

3,600

3,700

3,800

3,900

4,000

4,100

4,200

(3)

Rs.

200

212

224

236

248

260

272

284

296

308

320

332

344

356

368

380

392

404

416

428

440

452

464

476

488

500

512

524

536

548

560

572

584

When the
amount or
value of the
Subject-
matter
exceeds.
(1)

Rs.

4,200

4,300

4,400

4,500

4,600

4,700

4,800

4,900

5,000

5,100

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

6,600

6,700

6,800

6,900

7,000

7,100

7,200

7,300

7,400

But does
not
exceed.

Proper
fee.

(2)

Rs.

4,300

4,400

4,500

4,600

4,700

4,800

4,900

5,000

5,100

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

6,600

6,700

6,800

6,900

7,000

7,100

7,200

7,300

7,400

7,500

(3)

Rs.

596

608

620

632

644

656

668

680

695

710

725

740

755

770

785

800

815

830

845

860

875

890

905

920

935

950

965

980

995

1,010

1,025

1,040

1,055

1 This Table of rates of ad-valorem fees leviable on the institution of suits, etc. was substituted

by Mah.18 of 2002, s.7().

 
 
 
30

Maharashtra Court-fees Act

[1959 : XXXVI

‘lable of rates of ad valorem fees leviable on the institution of suits.

SCHEDULE I.—contd.

(1)

Rs.

7,500

7,600

7,700

7,800

7,900

8,000

8,100

8,200

8,300
Sen
8,500

8,600
Be
8,806

8,700

8,000

9,100

m206
9,300

9,400

9,500

9,600

9,700

9,800

9,900

10,000

10,500

11,000

11,500

12,000

12,500

13,000

13,500

14,000

14,500

15,000

15,500

16,000

(2)

Rs.

7,600

7,700

7,800

7,900

8,000

8,100

8,200

8,300

8,400
one0
8,600

8,700
#806
5,900

m0

(3)

Rs.

1,070

1,085

1,100

1,115

1,130

1,145

1,160

1,175

1,190
ane
1,220

1,285
1,250
1,265

1,280

2.400 i

9,200

8,800
9,400

9,500

9,600

9,700

9,800

9,900

10,000

10,500

11,000

11,500

12,000

12,500

13,000

13,500

14,000

14,500

15,000

15,500

16,000

16,500

1,310

1,028
1,340

1,355

1,370

1,385

1,400

1,415

1,430

1,505

1,580

1,655

1,730

1,805

1,880

1,955

2,030

2,105

2,180

2,255

2,330

2,405

(1)

Rs.

16,500

17,000

17,500

18,000

18,500

19,000

19,500

20,000

21,000
22,000
23,000

24,000
25,000
26,000

27,000

28,000

29,000

30,000

32,000

34,000

36,000

38,000

40.000

42,000

44,000

46,000

48,000

50,000

55,000

60,000

65,000

70,000

75,000

80,000

85,000

90,000

95,000

(2)

Rs.

17,000

17,500

18,000

18,500

19,000

19,500

20,000

21,000

22,000
23,000
24,000

25,000
26,000
27,000

28,000

29,000

30,000

32,000

34,000

36,000

38,000

40,000

42,000

44,000

46,000

48,000

50,000

55,000

60,000

65,000

70,000

75,000

80,000

85,000

90,000

95,000

1,00,000

(3)

Rs.

2,480

2,555

2,630

2,705

2,780

2,855

2,930

3,030

3,130
3,230
3,330

3,430
3,530
3,630

3,730

3,830

3,930

4,030

4,130

4,230

4,330

4,430

4,530

4,630

4,730

4,830

4,930

5,080

5,230

5,380

5,530

5,680

5,830

5,980

6,130

6,280

6,430

 
 
 
1959 : XXXVI]

Maharashtra Court-fees Act

and the fees increases at the rate of Rupees 200 for every Rupees 10,000 or part
thereof over Rupees one lakh upto Rupees 11,00,000 and over Rupees 11,00,000 at
the rate of Rupees 1,200 for every Rupees 1,00,000 or part thereof, upto a maximum
fee of Rupees 3,00,000 for example :—

Rs.

1,00,000

2,00,000

3,00,000

4,00,000

5,00,000

6,00,000

7,00,000

8,00,000

Rs.

6,430

8,430

10,430

12,430

14,430

16,430

18,430

20,430

Rs.

9,00,000

10,00,000

11,00,000

12,00,000

13,00,000

14,00,000

15,00,000

Rs.

22,430

24,430

26,430

27,630

28,830

30,030

31,230.]

H-186-4 (F)

 
Maharashtra Court-fees Act

[1959 : XXXVI

Number
(1)

1.

Application or petition.

Proper fee.
(3)

‘[five rupees]

IX of
1887.

SCHEDULE IT

Fixed Fees.

Lae
(2)

of

(a) When presented to any
Excise
officer
the
Department or
to any
Magistrate by any person
having dealings with the
Government, and when the
subject-matter
such
application relates exclusively
to those dealings;

of

person

or when presented to any
officer of land-revenue by
holding
any
temporarily settled land
under direct engagement
with Government, and when
the subject-matter of the
application or a petition
relates exclusively to such
engagement;

or when presented to any
Municipal Commissioner
under any Act for the time
being in
for the
force
conservancy or improvement
if
place,
of
the
any
petition
or
application
relates
such
to
solely
conservancy or improvement;

or whenpresentedto any Civil
Court other than a principal
Civil Court of original
jurisdiction;

or to any Court of Small
Causes constituted under the
Provincial Small Cause
Courts Act, 1887, or to a
Collector or other officer of
revenueor to a public officer
in relation to any suit or case
in which the amountof value
of the subject-matter is less
than fifty rupees [* * * ]

;

or when presentedto any Civil,
Criminal or Revenue Court,
or to any Board or executive
officer for the purpose of
obtaining
or
a
translation of any judgment,
decree or order passed by

copy

1 These words were substituted for the words “one rupee” by Mah. 18 of 2002, s. 8(a)(Z).

2 The portion beginning with the words “not being an application” and ending with the words

“for the time being in force” was deleted by Mah. 23 of 1996, s. 5 (1)(a).

 
 
 
1959 : XXXVI]

Maharashtra Court-fees Act

33

SCHEDULE I]—contd.

Number
(1)

bes
(2)

Proper fee
(3)

26 of
1881.

such Court, Board or
Officer, or of any other
document on record in
such Court or
office.
[ee]

*K(c) (i) When containing a
complaint or charge of any
offence other than the
offence
the
Negotiable Instruments
Act, 1881.

under

(dq) When presented to any
competent authority for the
purpose of obtaining a
certificate of domicile.

(e) When presented to a
Chief Controlling Revenue
or Executive Authority or
to
a Commissioner of
Revenue or to any Chief
Officer charged with the
executive administration
of a division and not
otherwise provided for by
this Act.

(f) When presented

to

Five rupees,

“Ten rupees].

5

[Ten rupees].

"One hundred twenty-five

rupees].

ITwo hundred and fifty

rupees].

the High Court—
(i) °[***] for directions,
orders or writs, under
the
article
226
Constitution
any
purpose other than the
the
enforcement
fundamental
rights
conferred by Part III
thereof;

of
for

of

(ii) for directions, orders
or writs, underarticle 226
for the enforcement of any
of the fundamental rights
conferred by Part III of
the Constitution or for
the
its
jurisdiction under article
227 thereof ;

exercise

of

(iii) in any other case not
otherwise provided for by
this Act.

* Twenty rupees].

1 Clause (6) was deleted by Mah. 23 of 1996, s. 5 (Z)(c).
2 Clause (c) was substituted by Mah. 18 of 2002, s.8(a)(2).
3 Sub-clause (ii) was deleted by Mah. 17 of 2008,s.4.
4 These words were substituted for the words “ Two rupees” by Mah. 18 of 2002, s.8(3).
5

These words were substituted far the words “ Five rupees ” by Mah. 18 of 2002, s. 8(4).
The wordsand figures “ under section 45 of the Specific Relief Act, 1877 or ” were deleted
by Mah. 28 of 1996, s. 5 (1)(g).

6

q ae words were substituted for the words “One hundred rupees”, by Mah. 18 of 2002,

s.

i).

8 These words were substituted for the words “Forty rupees ”, by Mah.18 of 2002, s. 8(5) (ii).
® These words were substituted for the words “Ten rupees ”, by Mah. 18 of 2002, s. 8(5) (iii).

 
 
 
Maharashtra Court-fees Act

[1959 : XXXVI

SCHEDULE I]—contd.

4 8
(2)

a oa

Proper fee
(3)

[Fifty rupees],

Number
(1)

2.

Revision

application
whenpresentedto the High
Court under section 25 of
the Provincial Small Cause
Courts Act, 1887 or section
115 of the Code of Civil
Procedure, 1908.

3.

Application to any Civil
Court that records may be
called for from another
Court.

When the Court grants the
application andisofopinion
thatthe transmissionofsuch
records involves the use of
the post.

oye

Zines
:
[Five rupees] in addition to
the
@2Y_ fee levied on
 2PPlication underclause (a),
Clause (c) or clause (/) of
Article 1 of this Schedule.

nts

*TRive rupees].

4,

criminal

charge
for

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

5.

Application for leave to

eee

4[Five rupees].

sue as a pauper.

6.

Application for leave to

(q@) Whenpresented a District

* [Five repees].

appeal as a pauper.

Court.

(6) When presented to a
Commissioner or the High
Court.

“(Twenty rupees],

eae

"(Twenty-five rupees],

dees

“(Ten rupees].

7.

Plaint or memorandum
of appeal in a suit to
obtain possession under
the Mamlatdars Court Act,
1906.

8.

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

1 These words were substituted for the words “ Twenty rupees ” by Mah.18 of 2002, s. 8(d).

2 These words were substituted for the words “ Four rupees ” by Mah. 18 of 2002, s. 8&(c).

3 These words were substituted for the words “ One rupee ” by Mah. 18 of 2002, s. 8(d).

4 These words were substituted for the words “ Two rupees ” by Mah. 18 of 2002, s. 8&(e).

5 These words were substituted for the words “ Four rupees” by Mah. 18 of 2002, s. 8(/)(Z).
6 These words were subtituted for the words “ Ten rupees ” by Mah.18 of 2002, s. 8(f)(2).

7 These words were substituted for the words “ Ten rupees ” by Mah. 18 of 2002, s. 8&(g).

8 These words were substituted for the words “ Two rupees ” by Mah. 18 of 2002,s. 8(h).

Xof
1887
V of .
1908

.

Bom.
II of
1906.

 
 
 
1959 : XXXVI ]

Maharashtra Court-fees Act

35

ScHEDULE II—contd.

Number
(1)

ees
(2)

2 of
1974.

V of
1908.

2 of
1974.

‘[9.

or

Bail-bond

other
instrument of obligation
given in pursuance of an
order made by a Court or
Magistrate under the Code
of Criminal Procedure, 1973,
or under the Code of Civil
Procedure, 1908.

10.

All other bail-bonds
given under the Code of
Criminal Procedure, 1973,
and
to
recognizance
prosecute and recognizances
for personal appearance or
otherwise.

11. Undertaking

under
section 49 of the Indian
Divorce Act, 1869.

IV of
1869.

12. Mukhtarnama

or

Whenpresentedfor the conduct

Wakalat-nama.

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 ;

Proper fee
(3)

“(Ten rupees].

* [Five rupees}.

“(Ten rupees].

*ITen rupees],

(6) to the High Court.

"Fifteen rupees].

13. Memorandum of appeal
when the appeal is not from
decree or an order having
the force of a decree, and is
presented—

(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
Executive
or
Authority;

7

:

[Five rupees],

(b) to the Chief Controlling
Revenue

or

Executive
Authority;

*lTen rupees],

(c) to the High Court.

7 [Twenty-five rupees].

1 These articles were substituted for articles 9 and 10 respectively, by Mah. 12 of 1976,s. 2.

2 These words were substituted for the words “ Five rupees” by Mah.18 of 2002, s. 8(i).

3’ These words were substituted for the words “ One rupee” by Mah. 18 of 2002, s. 8().

* These words were substituted for the words “ Five rupees” by Mah. 18 of 2002, s. 8(2).

5 These words were substituted for the words “ Three rupees” by Mah. 18 of 2002, s. 8(Z)(1).

® These words were substituted for the words “ Five rupees” by Mah. 18 of 2002, s. 8(Z)(2).

7 These words were substituted for the words “ Two rupees” by Mah. 18 of 2002, s. 8(m)(Z).

8 These words were substituted for the words “ Five rupees” by Mah. 18 of 2002, s. 8(m)(2).

®° These words were substituted for the words “ Ten rupees” by Mah. 18 of 2002, s. 8(m)(3).

 
 
 
Maharashtra Court-fees Act

[1959 : XXXVI

ScHEDULE II—contd.

Number
(1)

Ba
(2)

Proper fee
(3)

14,

Caveat ..

..

_[@ When presented to the

Fifty rupees.

High Court.

(ii) When presented to the
Court other than High Court.

Twenty-five rupees].

sees

De
[Five rupees}.

"Twenty rupees].

“(Four rupees].

sees

[One hundred rupees].

15.

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

16. Memorandum of appeal

presented to—

(a) the State Government..

(6) any Forest Officer, where
such appeal is provided for,
by or under the Indian
Forest Act, 1927 or any
corresponding law in force.

17.

Petition in a suit under
the Native Converts’ Marriage
Dissolution Act, 1866.

18. Application—

(a) under section 20 of the

Arbitration Act, 1940;

(6) for probate or letters of When the amountor value of
the estate does not exceed
two thousand rupees.

administration
for
revocation thereof under the
Indian Succession Act, 1925.

or

(c) for a certificate under part When it exceeds two thousand
rupees, but does not exceed

X of the Indian Succession
Act,
Regulation VIII of 1827 or when it exceeds five thousand
any corresponding law for
the time being in force;

or Bombay five thousand rupees.

rupees.

1925,

(d) for opinion or advice or for
discharge from a Trust, or
for appointment of new
Trustees under section 34,
72, 73 or 74 of the Indian
Trusts Act, 1882;

the

(e) underrule 58 of Order XXI When the amountor value of
the property exceeds five
Civil
Code
of
Procedure, 1908 regarding a
hundred rupees.
claim to attached property.

of

COR

ifty rupees].

[Ten rupees].

.

[Thirty rupees].

7

8

[Fifty rupees].

9

.

Isiihy rapees|.

“(Fifty rupees).

XVI
of
1927.

XXI
of

1866.

X of
1940.

XXX-
IX of
1925.

IX of
1995

I of

1882.
V of
1908.

_ These entries were substituted by Mah. 18 of 2002, s. 8 (7).

2 These words were substituted for the words “ One rupee ” by Mah. 18 of 2002, s. 8 (0).

3 These words were substituted for the words “ Ten rupees ” by Mah. 18 of 2002, s. 8 (p)(Z).

4 These words were substituted for the words “ Two rupees ” by Mah.18 of 2002, s. 8 (p) (2).

5 These words weresubstituted for the words “ Seventy-five rupees ” by Mah. 18 of 2002,s. 8(q).

6 These words were subsituted for the words “ Thirty rupees” by Mah. 18 of 2002, s. 8 (r)(Z).

7 These words were subsituted for the words “ Five rupees” by Mah. 18 of 2002,s. 8 (r)(2).

8 These words were substituted for the words “ Fifteen rupees ” by Mah. 18 of 2002, s. 8(7) (3) W.

° These words were substituted for the words “ Twenty-five rupees ” by Mah. 18 of 2002,

s. 8 (r) (8) Gi), @and (5).

 
 
 
1959 : XXXVI ]

Maharashtra Court-fees Act

37

ScHEDULE II—contd.

Number
(1)

19. Agreement in writing
stating a question for the
opinion of the Court under
Vof the Codeof Civil Procedure,

1908.

1908.

IV of
1869,

20. Every petition under
the Indian Divorce Act,
1869 except petitions under
section 44 of that Act and
every memorandum of
appeal undersection 55 of
that Act.

21.

Plaint,

application,
petition, or memorandum
of appeal under the Parsi
Marriage and Divorce Act,
1936, the Special Marriage
Act, 1954 or the Hindu

III of
1936.
XLIII of
1954.

XXVof Marriage Act, 1955 :

1955.

Provided that, where in
addition to divorce damages
are claimed.

XV of
1872.

22.

Petitions under the
Indian Christian Marriage
Act, 1872, sections 45 and
48.

23.

petition

or
Plaint,
application
(including
memorandum of appeal)
of
which
being treated as a suit—

capable

is

(a)

for
marriage;

(b)

for
marriage;

annulment

of

dissolution

of

(c) in suit for custody of

minor;

(d) for restitution of conjugal

rights;

(e) for judicial scparation;

Proper fee
G))

: [Seventy-five rupees].

*[One hundred rupees].

*[One hundred rupees].

A fee as above plus a fee on
the amount of damages
claimed according to the
scale prescribed under
Article 1 of Schedule I.

*iTen rupees].

“[One hundred rupees].

“[One hundred rupees].

* [Seventy-five rupees].

“[One hundred rupees].

“[One hundred rupees].

1 These words were substituted for the words “ Fifty rupees” by Mah. 18 of 2002, s. 8 (s).

2 These words were substituted for the words “ Seventy-five rupees ” by Mah. 18 of 2002,s.

8 ) and (uw).

3 These words were substituted for the words “ Five rupees ” by Mah. 18 of 2002, s. 8 (v).

4 These words were substituted for the words “ Seventy-five rupees ” by Mah. 18 of 2002, s.

8 (w) (1) and (2) and (4) and (5).

5 These words were substituted for the words “ Fifty rupees ” by Mah. 18 of 2002, s. 8 (w) (8).

 
 
Maharashtra Court-fees Act

[1959 : XXXVI

ScHEDULE II—contd.

Number
(1)

(2).

Proper fee
(8)

"(Ad valorem fee payable, as
if the amountor value of the
subject-matter was three
hundred rupees].

Whensuch judgmentor order
is given or made by any
Civil Court other than the
High Court, or by any Revenue
Court.

When such judgmentor order
is given or madeby the High
Court.

When such decreeor orderis
made by any Civil Court
other than the District Court
or High Court, or by any
Revenue Court;

Whensuch decree or orderis
made by the District Court;

When such decree or orderis
made by the High Court.

(a) When the stamp duty
chargeable on the, original
does not exceed
[Twenty
rupees].

“(Five rupees].

*iTen rupees].

*iTen rupees].

, [Twenty rupees].

. [Twenty-five rupees].

"ITwo rupees].

(6) In any othercase.

"Twenty rupees].

Bom.
LX of
1958.
II of
1899.

(f) in or to any Civil Court not
otherwise provided for and
the subject-matter of which
is not capable of being
estimated in money value.

24. Copy or translation of a
judgmentorordernot being,
or having the force of, a
decree.

25. Copy ofa decree or order
having the force of a decree.

26. Copy of any document
(including powerof attorney)
liable to stamp-duty under
the Bombay Stamp Act,
1958 or the Indian Stamp
any
Act,
corresponding
in
force, as the case may be,
whenleft by any party toa
suit or proceeding in place of
the original withdrawn.

or
law

1899

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

* [Five rupees].

27. Copy of any revenue or
judicial proceeding or order
not otherwise provided for
by this Act, or copy of any
amount, statement, report or
the like, taken out of any
Civil or Criminal or Revenue
Court or office, or from the
office of any Chief Officer
charged with the executive
administration of a division.

1 These words were substituted for the words “ Thirty rupees ” by Mah. 9 of 1970, s. 5.

2 These words were substituted for the words “ Two rupees ” by Mah.18 of 2002, s. 8 (x) (Z).

3 These words were substituted for the words “ Five rupees ” by Mah.18 of 2002, s. 8 (x) (2)

and (y) (1).

4 These words were substituted for the words “ Ten rupees ” by Mah.18 of 2002, s. 8 (y) (2).

5 These words were substituted for the words “ Fifteen rupees ” by Mah.18 of 2002, s. 8 (y) (3).

6 These words were substituted for the words “ Ten rupees ” by Mah.18 of 2002, s. 8 (z) (1).

7 These words were substituted for the words “ One rupee ” by Mah.18 of 2002, s. 8 (z) 2) W.

8 These words were substituted for the words “ Ten rupees ” by Mah.18 of 2002, s. 8 (z) (2) (i).

9 These words were substituted for the words “ One rupee ” by Mah.18 of 2002, s. 8 (z-a).

 
 
 
1959 : XXXVI ]

Maharashtra Court-fees Act

39

ScHEDULE II.—contd.

Proper fee
(3)

, [Ten rupees].

[Five rupees].

“[Five rupees].

“[Five rupees].

"ITwenty rupees].

Number
(1)

Bom.
1947.

28.

Application made under
the *Bombay Money-lenders
Act, 1946 or under any
corresponding law in force.

29.

Application presented to
any Registration Officer for
search
registration
records.

of

XVI of
1908.

Bom.
XxSf

59 of
1988.

30. Appeal or application to
the Registrar under section
72 or 73, as the case may
be, of the "Registration Act,
1908].

°131.

(a) Application for a
licence under sub-clause(7)
of clause (w);

(6) Applicationfor certificate
of registration under clause
(xa), of sub-section (1) of
section 33 of the Bombay
Police Act, 1951).

or

32.

Regional

Application or appeal to
the
State
Transport Authority or the
State Government under
“[Chapter V of the Motor
Vehicles Act, 1988].*
33.

petition
questioning the election of a
person in respect of the
office—

Election

(a) of Sarpanch or Upa-
Sarpanch or member of a
Panchayat;

(6) of councillor or member
of
[a Municipal Council,
Zilla Parishad, Panchayat
Samiti] or such other Local
Authority ;

* Fifty rupees].

[One hundred fifty rupees].

~

o
w

o
w

5

6

a

o
o

10

*

These words were substituted for the words “ Five rupees ” by Mah.18 of 2002, s. 8 (z-b).

These words were substituted for the words “ Two rupees ” by Mah.18 of 2002,s. 8 (z-c).
These words and figures were substituted for the words andfigures “ Indian Registration
Act, 1908” by Mah. 23 of 1996, s.30 (a).
These words were substituted for the words “Two rupees” by Mah. 18 of 2002, s. 8 (z-d)
and (z-e).
Article 31 was substituted for the original by Mah. 50 of 1974,s.2.
These words,letters and figures were substituted for the words, letters and figures “Chapter
IV of the Motor Vehicles Act, 1939” by Mah. 23 of 1996, s. 5(32)(a).
These words were substituted for the words “Ten rupees” by Mah. 18 of 2002, s. 8 (z-f)
These words were substituted for the words “ Twenty rupees ” by Mah. 18 of 2002, s. 8
(z-g) @).
These words were substituted for the words “ a Municipality, District Local Board ” by
Mah. 23 of 1996, s.5 (33) (0).
These words were substituted for the words “ One hundred rupees ” by Mah. 18 of 2002,
s. 8 (z-g)(ii).
See now Maharashtra Money-Lenders (Regulation) Act, 2014 (Mah. 8 of 2014).

 
 
 
Maharashtra Court-fees Act

[1959 : XXXVI

SCHEDULE II—contd.

Number
(D

Lae
(2)

Proper fee
(3)

‘(() of Mayor or Councillor of
the Municipal Corporation of
Greater Bombay or Mayor or
Deputy Mayor or Councillor
of the Corporation of the City
of Nagpur or a Municipal
Corporation
established
under the Bombay Provincial
Municipal Corporations Act,
1949, or President, Vice-
President, Chairman or
Deputy Chairman ofanylocal
authority referred to in clause
(b).1.

84.

Application or petition to
the Court undersection 391,
439 or 522 of the Companies
Act, 1956.

Any other application or
petition to the Court for
Judicial action or relief under
the said Act, not otherwise
provided for under this Act.

Application—

35.
(a) for order of arrest or
attachmentbefore judgment
or for temporary injunction;
(b) for compensation for
arrest or attachment before
judgment or in respect of
injunction
temporary
obtained on insufficient
grounds;

(c) for the appointment of a
receiver in a case in which
the applicant has no present
right of possession of the
property in dispute;

(d) for setting aside decree
passed ex-parte or for review
of order dismissing suit for
default.

86. Appeal or application to
the Co-operative Tribunal.

87.

Application made by a
party to the Magistrate
nder section 145 of the
Criminal
[Code

of

*TFive hundred rupees.]

*'Two hundred rupees].

“(Forty rupees].

*iTen rupees].

*iTen rupees].

“Twenty rupees].

"TFive rupees].

“(Twenty-five rupees].

iTen rupees].

Procedure, 1973].

e
o
m

a
r
n
o

10

Clause (c) was substituted by Mah. 23 of 1996, s. 5 (33) (d).
These words were substituted for the words “ Two hundered rupees” by Mah. 18 of 2002,s.
8(z-g) (iii).
These words weres substituted for the words “ One hundred rupees ” by Mah.18 of 2002, s.
8 (z-h) (1).
These words were substituted for the words “ Twenty rupees ” by Mah. 18 of 2002, s. 8
(z-h) (2).
These words were substituted for the words “ Five rupees ” by Mah. 18 of 2002, s. 8 (z-i) (1)
and (2).
These words were substituted for the words “ Ten rupees ” by Mah.18 of 2002,s. 8 (z-i) (3).
These words were substituted for the words “ Two rupees ” by Mah. 18 of 2002 s. 8 (z-i) (4).
These words were substituted for the words “ Ten rupees” by Mah. 18 of 2002, s. 8 (-j) .
These words and figures were substituted for the words andfigures “ Code of Criminal
Procedure, 1898” by Mah. 23 of 1996, s. 5 (87).
These words were substituted for the words “ One rupee” by Mah. 18 of 2002,s. 8 (z-k).

Bom.
LIX
1949,

Tof

1956.

II of
1974.

 
1959 : XXXVI]

Maharashtra Court-fees Act

41

ScHEDULE II—contd.

Lae
(2)

sees

sees

ai

5 wi

sees

wees

6 3 ae

re

sees
ai ee

é sae

see

ee

sees
#8 ate

Proper fee
(3)

...
Pitty rupees].
[Fifty rupees].

Two hundred andfifty rupees.

Hundred rupees.

Fifty rupees.

Twenty rupees.

Fifty rupees.

Fifty rupees.
Twenty rupees.

Fifty rupees.

Twenty rupees.

Twenty rupees.

Two hundred andfifty rupees.
Fifty rupees.

Mah.
XLI
of
1966.

Mah.

1972.

14 of
1947.

Number
(1)

of

‘138. Memorandum of appeal
or application for revision or
review presented under
Chapter
the
XIII
Maharashtra Land Revenue
Code, 1966 to—
(a) Appellate Authority
(b) State Government
“[B8A.

Application, reference,
complaint, appeal or, as the
case may be,
revision
application filed under the
Maharashtra Recognition of
Trade
and
Prevention of Unfair Labour
Practices Act, 1971,—

Unions

(a) application to the Labour
Court under section 25,—
(i) by the employerfor declaration

that the strike is illegal.

(ii) by a recognised union that

the lockout is illegal.

(6) complaint under section
28 to the Labour Court with
reference to item 1 of
Schedule IV to the Act.

(@) by any union

(ii) by any employee

(c) complaint to the Industrial
Court under section 28
regarding any item in Schedule
(1, III or IV] to the Act.

(i) when by any union
(ii) by any employee.

(d) appeal under section 42
and revision under section
44 to the Industrial Court
(e) application filed under

section 50.

(f) other miscellaneous matters
not providedin the Act or any
of the above entries.

88B. Application or reference
Industrial

under
the
Disputes Act, 1947,—
(a) under section 2 (k)
(b) to the Labour Court under
section 2-A in any dispute
or
between
workman and his employer
connected with or arising out
of discharge, dismissal,
retrenchmentor termination
of the workman.

difference

1 Article 38 was substituted by Mah. 23 of 1996, s. 5 (38).
2 These words were substituted for the words “ Ten rupees ” by Mah. 18 of 2002, s.8 (z-l) ().
3 These words were substituted for the words “ Thirty rupees ” by Mah. 18 of 2002.
4 These articles were inserted by Mah. 18 of 2002, s. 8 (z-m).
5 These letters and words were substituted for the letters and words“II or III” by Mah. 22 of

2004, s. 3(a).

 
 
 
42

Maharashtra Court-fees Act

[1959 : XXXVI

ScHEDULE II.—contd.

Number
()

(c) regarding any strikes and
lock-outs to the Labour
Court undersection 24.

(d) during the conciliation
proceedings undersection 33.

(e) in any other miscellaneous
than

other

cases
referred above.

88C. Application or reference,
under
Bombay
the
Industrial Relations Act,
1946—

(a) in arbitration proceeding
to the Industrial Court
under sections 69, 71 and
738A.

(6) to the Labour Court under
section 78 read with section
79.

(c) appeals filed

to the
Industrial Court under
section 84 or
revision
applications filed under
section 85.

(d) in any other miscellaneous
cases other than those
specified above.

38D. Claim or reference under
section 6A of the Bombay
Labour Welfare Fund Act,
1953.

38E. Application or reference
under the Payment of
Gratuity Act, 1971.
38F ‘[Complaint and Appeal]
under the Maharashtra
Mathadi, Hamal and other
Manual Workers (Regulation
at Employment and Welfare)
Act, 1969.

"139. Save as otherwise
provided in this Act or any
other law, memorandum of
appeal or application for
revision or review presented
to the State Government
under any Provincial or
State Act or underany rules
or orders issued thereunder.
adjournment
[40.
applications in Civil and
Criminal Courts.

All

4

Lae
(2)

sie

sures

ams

saws

see

#9

# si8 6

see

gome

wees

Proper fee
(3)

One hundred rupees.

Fifty rupees.

Tewnty rupees.

Two hundred andfifty rupees.

Fifty rupees.

Fifty rupees.

Twenty rupees.

Twenty rupees.

Twenty rupees.

,

Twenty rupees.].

Bom.
See

Bom.
ae

39 of
1972.

Mah.
XXX
oFa,

a5 se

* Fifty rupees].]

sees

Ten rupees].

1 These words were substituted for the words “ Application or reference” by Mah. 22 of 2004,

s. 3 (b)

2 Article 39 was inserted by Mah. 51 of 1976,s. 2.

3 These words were substituted for the words “ Twenty rupees” by Mah.18 of 2002, s. 8 (z-n).

4 This article was inserted by Mah.18 of 2002, s. 8 (z-o).

 
 
 
1959 : XXXVI]

Maharashtra Cou:rt-fees Act

43

ScHEDULE IIT

(See section 29)

Form of valuation (to be used with such modifications, ifany, as may be necessary,).

IN THE Court OF

Re—Probateof the Will of

(or Administration of

the property and credits of

,) deceased.

I,

solemnly affirm

make oath

and say that I am the executor(or oneof the executorsor one of the next of-kin) of

,deceased, and that
I have truly set forth in Annexure-A tothis affidavit all the property andcredit of
which the abovenamed deceased died possessed or wasentitled to at the timeof his
death, and which have come,orare likely to come, to my hands.

2.

Ifurther say that I have also truly set forth in Annexure-B all the items I am by

law allowed to deduct.

3.

I further say that the said assets, exclusive only of such last mentioned items
but inclusiveof all rents, interest, dividends and increased valuessince the date of the
death of the said deceased, are underthe value of

ANNEXUREA.

VALUATION OF THE MOVEABLE AND IMMOVEABLE PROPERTY OF DECEASED.

Rs.

Np.

Cash in the house and at the banks, household goods,

wearing apparel, books, plate, jewels, etc.

(State estimated value according to best of Executor’s

or Administrator’s belief).

Property in Government securities transferable at

the Public Debt Office.

(State description and value at the price of the day;

also the interest separately, calculating it to the

time of making the application).

Immovable property consisting of

(State description, giving,

in the case of houses the

assessed value, ifany, and the number of years’

assessment the market-value is estimated at, and

in the case of land, the area, the market-value

and all rents that have accrued).

44

Maharashtra Court-) ees Act

[1959 : XXXVI

ScHEDULE I1I—cortd.

Leasehold property

(If the deceased held any leases for years determinable, state the
numberofyears’ purchase the profit rents are esti mated to be
worth and the value of such, inserting separately arrears due
at the date of death and all rents received or due sincé that
date to the time of making the application).

Property in public companies. .

(State the particulars and the value calculated at “he price of the
day; also the interest separately; calculating it v0 the time of
making the application).

Policy of insurance uponlife, money out on mortgage and other
securities, such as bonds, mortgages, bills, notes and other
securities for money

(State the amount of the whole; also the interest separately’,

calculating it to the time of making the application).

Book-debts
(other than bad).
Stock in trade
(State the estimated value, if any).

.

Other property not comprised under the foregoing heads

(State the estimated value, if any).

Deduct amount shown in Annexure B not subject to duty

Total

Net Total

ANNEXURE B

SCHEDULE OF DEBTS, ETC.

Amount of debts due and owing from the deceased,

Rs.

Np.

payable by law out of the estate

(State the particulars of the debts with interest in
respect of each debt separately, calculating it to the time of
making the application)].

Amount of funeral expenses

Amount of mortgage incumbrances

*[(State the particulars of amount of mortgage incumbrances
with interest in respect of each mortgage incumbrance sepa-
rately, calculating it to the time of making the application).

Property held in trust not beneficially or with general power to

confer a beneficial interest ..

Other property not subject to duty

Total

' This portion was added by Mah. 26 of 1986,s. 2 (a).
2 This portion was added, by Mah. 26 of 1986, s. 2 (6).

 
1959 : XXXVI ]

Maharashtra Court-fees Act

45

SCHEDULE IV

(See section 49)

Laws repealed.

Law
3

The Court-fees Act, 1870, in its
application to the pre-
Reorganisation State of
Bombay, excludingthe trans-
ferred territories and to the
Vidarbha region and the
Kutch area of the State of
Bombay.

The Court-fees Act, 1870, as
modified and applied to the
Saurashtra area ofthe State
of Bombay by the State of
Saurashtra (Application of
Central and Bombay Acts)
Ordinance, 1948.

The Hyderabad Court Fees Act,
in its application to the
Hyderabad area of the State
of Bombay.

Year
1

1870

Number
2

VII

1870

VII

1324
Fasali.

VI

1932

II

The Bombay Finance Act, 1932.

Extent of Repeal
4

The whole, in so far as it relates
to entries 3 and 66 ofList IJ
and entry 47 of List III in the
Seventh Schedule to the
Constitution
India.

of

The whole, in so far asit relates
to entries 3 and 66 ofList II
and entry 47 of List III in the
Schedule to the
Seventh
Constitution
India.

of

The whole, in so far as it relates
to entries 3 and 66 of List II
andentry 47 of List III in the
Seventh Schedule to the
Constitution of India.

Section 2A and Part III contain-
ing sections 12, 13 and 14.

Year
1

Number
2

1887

VII

1887

VI

SCHEDULE V

(See section 50)

Laws amended

Law
3

Extent of Amendment
4

The Suits Valuation Act, 1887,
its application to the
in
pre-Reorganisation State of
the
Bombay,
transferred territories and
to the Vidarbha Region and
the Kutch area of the State
of Bombay.

excluding

The Suits Valuation Act,
1887,
as modified and
applied to the Saurashtra
area of the State of Bombay
by the State of Saurashtra
(Application of Central and
Bombay Acts) Ordinance,
1948.

In section 9, the words and
figures “ofthe Court-fees Act,
1870, and ” shall be deleted.

In section 9, the words and
figures “ofthe Court-fees Act,
1870, and” shall be deleted.

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