GOVERNMENT OF MAHARASHTRA

LAW AND JUDICIARY DEPARTMENT

Act No. XXXVI of 1959.

THE MAHARASHTRA COURT-FEES ACT

(As modified upto the 20th July 2018 )

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.

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.

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

Inquiry as to valuation of suits.

Investigation to ascertain proper valuation.

Power of persons making inquiry under sections 8 and 9.
Costs of inquiry as to valuation and refund of excess fee.
Appointment of inspecting officers and recovery in cases

reported by them.

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

profits or accounts.

Decision of questions as to valuation.
Refund of fee paid on memorandum of appeal.
Refund of fee on application for review of judgement.
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.

Multifarious suits.
Written examinations of complainants.
Exemption of certain documents.

CHAPTER IV

PRoBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION.

Relief where too high a court-fee has been paid.
Relief when debts due from a deceased person have been

paid out of his estate.

Relief in case of several grants.
Probates declared valid as to trust property, though not

covered by court-fee.

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

on probates, etc.

Administrator to give proper security before letters stamped

under section 25.

Executors, etc. not paying full court-fee on probates, etc. within six months after discovery of under payment.
Notice of applications for probate or letters of administration

to be given to Revenue Authorities, and procedure thereon.

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

administration.

Recovery of penalties, etc.

1959 : XXXVI]

Maharashtra Court-fees Act

Gii)

SECTIONS.

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

Administration.

CHAPTER V

Process FEEs.

Rules as to costs of processes.

Confirmation and publication of rules.

Tables of process-fees.
Number of peons in District and Subordinate Courts.

Number of peons in mofussil Small Cause Courts.

Number of peons in Revenue Courts.

CHAPTER VI

Or THE MopeEoF LeEvyInG FEEs.

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

be applicable.

37.

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.
Amended document.
Cancellation of stamps.

CHAPTER VII

MISCELLANEOUS.

Repayment of fee in certain circumstances.

44, Admission in criminal cases of documents for which proper

fee has not been paid.

Sale of stamps.
Power to reduce or remit fees.
Saving of fees to certain officers of High Court.
Saving as to stamp duties.
Repeal and saving.
Amendment of Suits Valuation Acts.
Reduction of Court-fee from amount of stamp duty payable on

final order of partition.

Rules made by Government to be laid before State

Legislature.

(iv)

Maharashtra Court-fees Act

[1959 : XXXVI

SCHEDULES.

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. » 938 of 1967. » 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@

» 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.

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) 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.

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;

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;

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

(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.

(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.

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.

Computation

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

(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;

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

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,

subject to a minimum fee one hundred

rupees.

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

suit

the

for

tenement,

whichever is

less,

subject to a minimum fee of one hundred rupees.

Bom. LIX of 1949,

Mah. XL of 1965.

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):

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,

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

(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.

(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.

Maharashtra Court-fees Act

[1959 : XXXVI

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.

(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

(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;

(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

(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

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

valuation

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

shall be final as between the parties to the suit.

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.

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.

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

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].

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.

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.]

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)

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.

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

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.

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.

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)

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

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-

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

‘

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

ascertained.

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.

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

(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).

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

(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.

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

of administration.

CHAPTER V

Process FEES.

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.

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

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].

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.
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;

(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.

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).

Maharashtra Court-fees Act

[1959 : XXXVI

Amended document.

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

Cancellation of stamps.

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

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

(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.

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.

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 [

]

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.

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.

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.

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

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.

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

Plaint in *

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

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.

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.

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

SCHEDULE I—contd.

Lae (2) —.....

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

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

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.

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

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.

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

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].

Application

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

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

n o

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).

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

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].

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().

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

(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)

Application or petition.

Proper fee. (3)

‘[five rupees]

IX of 1887.

SCHEDULE IT

Fixed Fees.

Lae (2)

(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;

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

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

Five rupees,

“Ten rupees].

[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

(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

(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).

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

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)

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.

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].

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.

Application for leave to

eee

4[Five rupees].

sue as a pauper.

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].

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

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

ScHEDULE II—contd.

Number (1)

ees (2)

2 of 1974.

V of 1908.

2 of 1974.

‘[9.

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.

Undertaking

under section 49 of the Indian Divorce Act, 1869.

IV of 1869.

Mukhtarnama

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].

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;

[Five rupees],

(b) to the Chief Controlling Revenue

Executive Authority;

*lTen rupees],

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.

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.

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.

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.

COR

ifty rupees].

[Ten rupees].

[Thirty rupees].

[Fifty rupees].

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

ScHEDULE II—contd.

Number (1)

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

1908.

IV of 1869,

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

(a)

for marriage;

(b)

for marriage;

annulment

dissolution

minor;

(d) for restitution of conjugal

rights;

(e) for judicial scparation;

Proper fee G))

: [Seventy-five 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].

[Seventy-five 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].

, [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.

Copy or translation of a judgmentorordernot being, or having the force of, a decree.
Copy ofa decree or order having the force of a decree.
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].

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

ScHEDULE II.—contd.

Proper fee (3)

, [Ten 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.

XVI of 1908.

Bom. XxSf

59 of 1988.

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).

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 o

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.

Appeal or application to the Co-operative Tribunal.

87.

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

*TFive hundred rupees.]

*'Two hundred rupees].

“(Forty rupees].

*iTen rupees].

“Twenty rupees].

"TFive rupees].

“(Twenty-five rupees].

iTen rupees].

Procedure, 1973].

e o m

a r n o

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

ScHEDULE II—contd.

Lae (2)

sees

5 wi

sees

wees

6 3 ae

sees ai ee

é sae

see

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.

Two hundred andfifty rupees. Fifty rupees.

Mah. XLI of 1966.

Mah.

1972.

14 of 1947.

Number (1)

‘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

(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).

Maharashtra Court-fees Act

[1959 : XXXVI

ScHEDULE II.—contd.

Number ()

(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.

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

Lae (2)

sie

sures

ams

saws

see

si8 6

see

gome

wees

Proper fee (3)

One hundred rupees.

Fifty rupees.

Tewnty rupees.

Two hundred andfifty rupees.

Fifty 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

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.

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.

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

law allowed to deduct.

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).

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

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.

1932

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.

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.

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

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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