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THE COURT FEES ACT, 1870

ARRANGEMENT OF SECTIONS

CHAPTER I

PRELIMINARY

SECTIONS

Short title.

Extent of Act. Commencement of Act.

1A. Definition of ―appropriate Government‖.

[Repealed.].

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

CHAPTER II

AT THE PRESIDENCY-TOWNS

Levy of fees in High Courts on their original sides.

Levy of fees in Presidency Small Cause Courts.

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

In their appellate jurisdiction. As courts of reference and revision.

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

CHAPTER III

FEES IN OTHER COURTS AND IN PUBLIC OFFICES

Fees on documents filed, etc., in Mufassal Courts or in public offices.
Computation of fees payable in certain suits.

(i)

for money.

(ii)

for maintenance and annuities .

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

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

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

(d) for an injunction.

(e) for easements.

(f) for accounts.

(v)

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

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

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

SECTIONS

(viii) to set aside an attachment.

(ix) to redeem. to foreclose.

(x) for specific performance .

(xi) between landlord and tenant.

Fee on memorandum of appeal against order relating to compensation.
Power to ascertain net profits or market-value.
Procedure where net profits or market-value wrongly estimated.
Procedure in suits for mesne profits or account when amount decreed exceeds amount

claimed.

Decision of questions as to valuation.
Refund of fee paid on memorandum of appeal.
Refund of fee on application for review of judgment.
Refund where Court reverses or modifies its former decision on ground of mistake.
[Repealed.].
Multifarious suits.
Written examinations of complainants.
Exemption of certain documents.

CHAPTER IIIA

PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION

19A. Relief where too high a court-fee has been paid.

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

19C. Relief in case of several grants.

19D. Probates declared valid as to trust-property though not covered by court-fee.

19E. Provision for case where too low a court-fee has been paid on probates, etc.

19F. Administrator to give proper security before letters stamped under section 19E.

19G. Executors, etc., not paying full court-fee on probates, etc., within six months after

discovery of under-payment.

19H. Notice of applications for probate or letters of administration to be given to Revenue-

authorities, and procedure thereon.

19-I. Payment of court-fees in respect of probates and letters of administration.

19J. Recovery of penalties, etc.

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

Rules as to cost of processes.

Confirmation and publication of rules.

CHAPTER IV

PROCESS-FEES

SECTIONS

Tables of process-fees.
Number of peons in District and subordinate Courts. Number of peons in Mufassal Small cause Courts.
Number of peons in Revenue Courts.
[Repealed.].

CHAPTER V

OF THE MODE OF LEVYING FEES

Collection of fees by stamps.
Stamps to be impressed or adhesive.
Rules for supply, number, renewal and keeping accounts of stamps.
Stamping documents inadvertently received.
Amended document.
Cancellation of stamp.
[Repealed.].
[Repealed.].

CHAPTER VI

MISCELLANEOUS

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 Courts.

SCHEDULE I.—

AD VALOREM FEES

TABLE OF RATES OF AD VALOREM FEES LEVIABLE ON THE

INSTITUTION OF SUITS.

SCHEDULE II. —

FIXED FEES.

SCHEDULE III. —

FORM OF VALUATION. (TO BE USED WITH SUCH MODIFICATIONS, IF ANY, AS MAY BE NECESSARY)

ANNEXURE A.— VALUATION OF THE MOVABLE AND IMMOVABLE PROPERTY OF DECEASED.

ANNEXURE B.—SCHEDULE OF DEBTS, ETC.

THE COURT-FEES ACT, 1870
ACT NO. 7 OF 18701

CHAPTER I PRELIMINARY

[11th March, 1870.]

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

Extent of Act. —It extends to the whole of India except 2[the territories which, immediately before

the 1st November, 1956, were comprised in Part B States];

Commencement of Act. —And it shall come into force on the first day of April, 1870.

3[1A. Definition of “appropriate Government”.—In this Act ―the appropriate Government‖ means, in relation to fees or stamps relating to documents presented or to be presented before any officer serving under the Central Government, that Government, and in relation to any other fees or stamps, the State Government.]

[―Chief Controlling Revenue-authority‖ defined.] Rep. by the A. O. 1937.
It has been declared inapplicable to proceedings before officers making a settlement, and in certain other cases under the Santhal Parganas Settlement Regulation, 1872 (3 of 1872), s. 8, as amended by the Santhal Parganas Justice and Laws Regulation, 1899 (3 of 1899).

It has been extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I

(w.e.f. 1-7-1965), to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch., and to the whole of Union territory of Lakshadweep by Reg. 8 of 1863, s. 3 and Sch., with modification (w.e.f. 1-10-1967).

It has been amended in—
Ajmer-Merwara by Act 31 of 1930; Assam by Assam Acts 4 of 1922, 3 of 1932, 18 of 1947, 8 of 1950, 27 of 1954, 22 of 1955, 3 of 1958, 19 of 1958, 12 of 1960

and 28 of 1972;

Bengal by Bengal Acts 3 of 1898, 4 of 1922, 6 of 1922, 7 of 1935, 11 of 1935 and 3 of 1941;
Bihar by Bihar Acts 17 of 1939 and 7 of 1958. Bihar and Orissa by B. & O. Act 2 of 1922;
Bombay by Bombay Acts 2 of 1932 and 15 of 1943;
C.P. by C.P. Act 16 of 1935; C.P. and Berar by C.P. and Berar Acts 9 of 1938, 16 of 1940, 9 of 1941, 5 of 1945 and 7 of 1948 and M.P. Acts 4 and 38 of

1950, 13 and 22 of 1951 and 9 of 1953;

Himachal Pradesh by H.P. Act 4 of 1952; Madras by Madras Acts 5 of 1922 and 17 of 1945; Orissa by Orissa Acts 5 of 1939, 4 of 1945, 13 of 1957, 12 of 1974 and 55 of 1975;
Punjab by Act 17 of 1887 and Punjab Acts 7 of 1922, 1 of 1942, E.P. Act 26 of 1949 and Pun. Act 31 of 1953,19

of 1957, 20 of 1960 and 9 of 1979;

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

1948, 28 of 1957, 10 of 1959, 34 of 1970 and 9 of 1975; Andaman and Nicobar Islands by Reg. 2 of 1957; Meghalaya by Meghalaya Acts 2 of 1973 and 5 of 1973; Madhya Pradesh by Madhya Pradesh Acts 24 of 1975 and 4 of 1976;
Delhi by Central Act 28 of 1967; and Haryana by Haryana Acts 11 of 1974 and 22 of 1974.

The Act has been repealed in its application to Bombay area and Coorg district of Mysore by Mysore Act 16 of 1958. It has been repealed in part in partially excluded areas in Madras and Koraput by Madras Reg. 6 of 1940 and Orissa Reg. 7 of 1943,

respectively.

Subs. by the Adaptation of Laws (No. 2) Order, 1956, for ―Part B States‖.
Ins. by the A.O. 1937.
The Original s. 2 relating to repeal of enactments was rep. by the Repealing Act, 1870 (14 of 1870). A section defining ―Chief Controlling Revenue-authority‖ was added by s. 2 of the Court-fees (Amendment) Act, 1901 (10 of 1901), and was slightly amended by the Repealing and Amending Act, 1917 (24 of 1917). For the definition of the ―Chief Controlling Revenue-authority‖ see now the General Clauses Act, 1897 (10 of 1897), s. 3 (10).

The A.O. 1937 rep. s. 2 as in force elsewhere than in Bengal. In that Province the sect ion subs. by the Court-fees (Bengal Amendment) Act, 1935 (Ben. 7 of 1935), s. 3 contains definitions of ―appeal‖, ―Chief Controlling Revenue -authority‖, ―Collector‖ and ―Suit‖.

STATE AMENDMENT

Orissa

Amendment of section 2 of Act (7 of 1870).—For section 2 of the Court Fees Act, 1870, hereinafter

called the principal Act, the following section shall be substituted:—

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

(1) ‗appeal‘ includes a cross objection; (2) ‗suit‘ includes an appeal from a decree except in section 8-A.‖

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

CHAPTER II

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

AT THE PRESIDENCY-TOWNS

Levy of fees in High Courts on their original sides.—The fees payable for the time being to the clerks and officers (other than the Sheriffs and attorneys) of 1[the 2[High Courts other than those of Kerala, Mysore and Rajasthan]],

or chargeable in each of such Courts under No. 11 of the first, and Nos. 7, 12, 14, 3***

20 and 21 of the second, schedule to this Act annexed;

Levy of fees in Presidency Small Cause Courts.—and the fees for the time being chargeable in the

Courts of Small Causes at the 4presidency-towns, and their several offices;

shall be collected in manner hereinafter appearing.

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

or in the exercise of its extraordinary original criminal jurisdiction;

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

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

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

revision;

unless in respect of such document there be paid a fee of an amount not less than that indicated by

either of the said schedules as the proper fee for such document.

Procedure in case of difference as to necessity or amount of fee.—When any difference arises between the officer whose duty it is to see that any fee is paid under this Chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in any of the said High Courts, be referred to the taxing-officer, whose decision thereon shall be
Subs by the A.O.1950, for ―the Courts which are High Courts for the purposes of the Government of India Act, 1935‖.
Subs. by the Adaptation of Laws (No. 2) Order, 1956, for ―High Courts for Part A States‖.
The number ―16‖ rep. by Act 12 of 1891.
See the Presidency Small Cause Courts Act, 1882 (15 of 1882), Ch. X.
Subs. by Act 19 of 1922, s. 2, for ―judgment of two‖.

final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the Chief Justice of such High Court, or of such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf.

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

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

of this section.

CHAPTER III

FEES IN OTHER COURTS AND IN PUBLIC OFFICES

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

Orissa

STATE AMENDMENT

Amendment of section 6 of Act (7 of 1870).--Section 6 of the principal Act shall be re-numbered as

sub-section (1) of section 6 and , after the said sub-section, the following sub-section shall be inserted:—

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

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

Uttar Pradesh

STATE AMENDMENT

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

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

(b) in sub-section (6), for the words ―Chief Inspector of Stamps‖ the words ―Commission of

Stamps‖ shall be substituted.

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

Amendment of section 6-A.—In section 6-A of the principal Act, in sub-section (3), for the

words ―Chief Inspector of Stamps‖, the words ―Commissioners of Stamps‖ shall be substituted.

[Vide Uttar Pradesh Act 6 of 1980, s. 3]

Amendment of section 6-B.—In section 6-B of the principal Act, in sub-section (1), for the

words ―Chief Inspector of Stamps‖, the words ―Commissioner of Stamps‖ shall be substituted.

[Vide Uttar Pradesh Act 6 of 1980, s. 4]

Computation of fees payable in certain suits.—The amount of fee payable under this Act in the

suits next hereinafter mentioned shall be computed as follows:—

for money.—(i) In suits for money (including suits for damages or compensation, or arrears of

maintenance, of annuities, or of other sums payable periodically)—according to the amount claimed.

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

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

(iv) In suits—

for movable property of no market-value.—(a) for movable property where the subject-

matter has no market-value, as, for instance, in the case of documents relating to title,

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

any property on the ground that it is joint family property,

for a declaratory decree and consequential relief.—(c) to obtain a declaratory decree or

order, where consequential relief is prayed,

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

for easements.—(e) for a right to some benefit (not herein otherwise provided for) to arise

out of land, and

for accounts.—(f) for accounts—

according to the amount at which the relief sought is valued in the plaint or memorandum

of appeal :

In all such suits the plaintiff shall state the amount at which he values the relief sou ght

1***:

for possession of land, houses and gardens.—(v) In suits for the possession of land, houses and

gardens—according to the value of the subject-matter; and such value shall be deemed to be—

where the subject-matter is land, and—

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

revenue to Government,

or forms part of such an estate and is recorded in the Collector‘s register as separately

assessed with such revenue,

and such revenue is permanently settled—

ten times the revenue so payable:

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

revenue to Government, or forms part of such estate and is recorded as aforesaid;

The words ―and the provisions of the Code of Civil Procedure, section thirty-one, shall apply as if, for the word ‗claim‘, the

words ‗relief sought‘, were substituted‖ omitted by Act 12 of 1891, s. 3 and the First Schedule.

and such revenue is settled, but not permanently—

five times the revenue so payable:

charged with any fixed payment in lieu of such revenue,

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

fifteen times such nett profits:

but where no such nett profits have arisen therefrom— the amount at which the Court shall

estimate the land with reference to the value of similar land in the neighbourhood :

(d) where the land forms part of an estate paying revenue to Government, but is not a definite share of such estate and is not separately assessed as above-mentioned—the market-value of the land: Proviso as to Bombay Presidency.—Provided that, in the 1territories subject to the Governor of

Bombay in Council, the value of the land shall be deemed to be—

(1) where the land is held on settlement for a period not exceeding thirty years and pays the

full assessment to Government—a sum equal to five times the survey-assessment;

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

(3) where the whole or any part of the annual survey-assessment is remitted— a sum computed under paragraph (1) or paragraph (2) of this proviso, as the case may be, in addition to ten times the assessment, or the portion of assessment, so remitted;

Explanation.—The word ―estate‖, as used in this paragraph, means any land subject to the payment of revenue, for which the proprietor or a farmer or raiyat shall have executed a separate engagement to Government, or which, in the absence of such engagement, shall have been separately assessed with revenue:

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

market-value of the house or garden:

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

for interest of assignee of land revenue.—(vii) In suits for the interest of an assignee of land

revenue—fifteen times his nett profits as such for the year next before the date of presenting the plaint;

to set aside an attachment.—(viii) In suits to set aside an attachment of land or of an interest in land

or revenue—according to the amount for which the land or interest was attached:

Provided that, where such amount exceeds the value of the land or interest, the amount of fee shall be

computed as if the suit were for the possession of such land or interest.

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

to foreclose.—and in suits by a mortgagee to foreclose the mortgage, or, where the mortgage is made

by conditional sale, to have the sale declared absolute—

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

See para.8 of the A.O. 1937. In view of this provision the expression ―Governor of Bombay in Council‖ has been left

unmodified.

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

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

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

of the rent agreed to be paid during the first year of the term :

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

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

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

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

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

the determination of a tenancy,]

(d) to contest a notice of ejectment, (e) to recover the occupancy of 2[immovable property] from which a tenant has been illegally

ejected by the landlord, and

(f) for abatement of rent—

according to the amount of the rent of the 2[immovable property] to which the suit refers,

payable for the year next before the date of presenting the plaint.

STATE AMENDMENT

Orissa

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

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

Amendment of section 7ii of Act (7 of 1870).—In section 7ii of the principal Act, after the words ―shall be deemed to be the words‖ ―in suits for maintenance five times and in other suits‖ shall be inserted. [Vide Orissa Act 5 of 1939, s. 6]

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

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

Insertion new paragraph in section 7 of Act (7 of 1870).—In section 7 of the principal Act after

paragraph iv the following paragraph shall be inserted:—

―iv-A. in a suit for cancellation of a decree for money or other property having a money –value ,

or other document securing money or other property having such value,

According to the value of the subject-matter of the suit, and such value shall be deemed to be—

if the whole decree or other document is sought to be cancelled, the amount or the value

of the property for which the decree was passed or the other document executed,

Ins. by Act 6 of 1905, s. 2.
Subs. by s. 2, ibid., for ―land‖.

if a part of the decree or other document is sought to be cancelled, such part of the

amount or value of the property.

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

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

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

principal Act,

  (1) in clause (a), for the word ―ten‖ the word ―ten‖ shall be substituted; 
  (2) in clause (b), for the word ―five‖ the word ―ten‖ shall be substituted; 
  (3) the following proviso shall be inserted after the existing proviso:—

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

(4) the existing Explanation shall be re-numbered as Explanation I, and, after the

Explanation so re-numbered, the following Explanation shall be added, namely:— ―Explanation II.—In this paragraph, ‗building‘ includes a house, out-house, stable, privy, urinal, shed, hut, wall, and any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever.‖ [Vide Orissa Act 5 of 1939, s. 9]

Insertion of new paragraph vi-A in section 7 of Act (7 of 1870).—In section 7 of the principal Act

after paragraph vi the following paragraph shall be inserted:—

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

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

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

possession.‖

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

Fee on memorandum of appeal against order relating to compensation. —The amount of fee payable under this Act on a memorandum of appeal against an orde r relating to compensation under any Act for the time being in force for the 1acquisition of land for public purposes, shall be computed according to the difference between the amount awarded and the amount claimed by the appellant.

Orissa

STATE AMENDMENT

Insertion of new section 8A in Act (7 of 1870).--After section 8 of the principal Act, the following

section shall be inserted:—

See now the Land Acquisition Act, 1894 (1 of 1894).

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

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

Power to ascertain nett profits or market-value.—If the Court sees reason to think that the annual nett profits or the market-value of any such land, house or garden as is mentioned in section 7, paragraphs (v) and (vi), have or has been wrongly estimated, the Court may, for the purpose of computing the fee payable in any suit therein mentioned, issue a commission to any proper person directing him to make such local or other investigation as may be necessary, and to report thereon to the Court.
Procedure where nett profits or market-value wrongly estimated.— (i) If in the result of any such investigation the Court finals that the nett profits or market-value have or has been wrongly estimated, the Court, if the estimation has been excessive, may in its discretion ref und the excess paid as such fee: but, if the estimation has been insufficient, the Court shall require the plaintiff to pay so much additional fee as would have been payable had the said market -value or nett profits been rightly estimated.

(ii) In such case the suit shall be stayed until the additional fee is paid. If the additional fee is not paid

within such time as the Court shall fix, the suit shall be dismissed.

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

Where the amount of mesne profits is left to be ascertained in the course of the execution of the decree, if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be stayed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits so ascertained is paid. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed.

STATE AMENDMENT

Orissa

Amendment of section 11 of Act (7 of 1870).--For the second paragraph of section 11 of the

principal Act the following paragraphs shall be substituted:—

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

Where a decree directs an inquiry as to mesno-profits from the institution of the suit and a final decree is passed in accordance with the result of such inquiry , the decree shall not be executed until

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

such fee is paid would have been payable on the amount claimed in execution if a separate suit had
been instituted therefor.‖

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

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

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

STATE AMENDMENT

Orissa

Amendment of section 12 of Act (7 of 1870).-- (1) In section 12 of the principal Act, for paragraph

ii, the following paragraph shall be substituted:—

―ii. But whenever any such suit comes before a Court of appeal, reference or revision, if such

Court considers that the said question has been wrongly decided, it shall—

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

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

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

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

Explanation.—For the purposes of this section a question relating to the classification of any suit

in regard to section 7 shall not be deemed to be a question relating to valuation.‖

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

Refund of fee paid on memorandum of appeal.— If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the 1Code of Civil Procedure, is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in 2section 351 of the same Code, for a second decision by the lower Court, the Appellate Court shall grant to the appellant a certificate, authorizing him to receive back from the Collector the full amount of fee paid on the memorandum of appeal:
See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
This reference should now be read as applying to the corresponding provision of Act 5 of 1908, i.e., Order XLI, rule 23 of the

First Schedule.

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

STATE AMENDMENT

Orissa

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

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

namely:—

―Refund of fee paid on memorandum of appeal and in cases where compromise or settlement has

been arrived at by a Lok Adalat.‖;

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

(i) In sub-section (1) as so renumbered, for the words and figures ― the Code of Civil Procedure‖
and ―section 351 of the same Code‖, the words and figures ― the Code Civil Procedure, 1908‖ and ―rule 23 of Order XLI of the First Schedule to the said Code‖ shall respectively be substituted; and

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

namely:—

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

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

Refund of fee on application for review of judgment. —Where an 1application for a review of judgment is presented on or after the ninetieth day from the date of the decree, the Court, unless the delay was caused by the applicant‘s laches, may, in its discretion, grant him a certificate authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee which would have been payable had it been presented before 2such 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 authori sing him to receive back from the Collector so much of the fee paid on the 3[application] as exceeds the fee payable on any other application to such Court under the second schedule to this Act, No. 1, clause ( b) or clause (d).

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

[Additional fee where respondent takes objection to un-appealed part of decree.] Rep. by the

Code of Civil Procedure, 1908 (5 of 1908).

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

Nothing in the former part of this section shall be deemed to affect the power conferred by the 4Code

of Civil Procedure, section 9.

As to application for review of judgment, see the Code of Civil Procedure, 1908 (Act 5 of 1908), s. 114 and Order

XLVII of the First Schedule.

See the First Schedule, Nos. 4 and 5, infra.
Subs. by Act 20 of 1870, s. 1, for ―plaint or memorandum of appeal‖. 4 See now the Code of Civil Procedure, 1908 (Act 5 of 1908).

18.Written examinations of complainants.—When the first or only examination of a person who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other than an offence for which police-officers may arrest without a warrant, and who has not already presented a petition on which a fee has been levied under this Act, is reduced to writing under the provisions of the Code of Criminal Procedure, the complainant shall pay a fee of eight annas, unless the Court thinks fit to remit such payment.

STATE AMENDMENT

Orissa

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

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

Insertion of a new section 18-A Act (7 of 1l870). —After section 18 of the Court Fees Act, 1870, as

in force in the State of Orissa the following new section shall be inserted, namely:—

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

(2) The Court in which such plaint or petition is filed shall have power to make such inquiry as it

deems fit for assessing the income of the plaintiff or the petitioner, as the case may be.‖.

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

Exemption of certain documents.—Nothing contained in this Act shall render the following

documents chargeable with any fee:—

(i) Power-of-attorney to institute or defend a suit when executed 1[by a member of any of the

Armed Forces of the Union] not in civil employment.

(iii) Written statements called for by the Court after the first hearing of a suit.
3* (v) Plaints in suits tried by 4village Munsifs in the Presidency of Fort St. George.

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

(vii) Plaints in suits before Collectors under Madras Regulation 12 of 1816. (viii) Probate of a will, letters of administration, 5[and, save as regards debts and securities a certificate under Bombay Regulation 8 of 1827], where the amount or value of the property in respect of which the probate or letters or certificate shall be granted does not exceed one thousand rupees.

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

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

Subs. by the A.O. 1950, for ―by an officer, warrant-officer, non-commissioned officer or private of Her Majesty‘s army‖. 2 Clause (ii) rep. by s. Act 12 of 1891, s. 3 and the First Schedule.
Clause (iv) rep. by Act 13 of 1889, s. 2 and the Schedule.
See the Madras Village Courts Act, 1889 (Mad. 1 of 1889).
Subs. by Act 7 of 1889, s. 13, for ―and certificate mentioned in the first schedule to this Act annexed, No. 12‖.

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

(xii) Application for service of notice of relinquishment of land or of enhancement of rent. (xiii) Written authority to an agent to distrain. (xiv) First application (other than a petition containing a criminal charge or information) for the summons of a witness or other person to attend either to give evidence or to produce a document or in respect of the production or filing of an exhibit not being an affidavit made for the immediate purpose of being produced in Court.

(xv) Bail-bonds in criminal cases, recognizances to prosecute or give evidence, and recognizances

for personal appearance or otherwise.

(xvi) Petition, application, charge or information respecting any offence when presented, made or laid to or before a police-officer, or to or before the 1Heads of Villages or the 2Village Police in the territories respectively subject to the Governors in Council of Madras and Bombay.

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

officers.

(xviii) Complaint of a public servant [as defined in the Indian Penal Code (45 of 1860)], a

municipal officer, or an officer or servant of a Railway Company.

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

such forests.

(xx) Application for the payment of money due by Government to the applicant.
(xxi) Petition of appeal against the chaukidari assessment under 3Act No. 20 of 1856, or against

any municipal tax.

(xxii) Applications for compensation under any law for the time being in force relating to the

4acquisition of property for public purposes.

(xxiii) Petitions presented to the Special Commissioner appointed under 5Bengal Act No. 2 of

1869 (to ascertain, regulate and record certain tenures in Chota Nagpur.).

[6(xxiv) (Petitions under the Indian Christian Marriage Act, 1872 (15 of 1872), sections 45 and

48.]

Orissa

STATE AMENDMENT

In section 19 of the Court-Fees Act, 1870 (7 of 1870) (hereinafter referred to as the principal Act) in

clause (viii) for the words‖ one thousand rupees‖ the words ―two thousand rupees‖ shall be substituted. [Vide Orissa Act 11 of 1967, s. 3]

7[CHAPTER IIIA PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION

19A. Relief where too high a court-fee has been paid.—Where any person on applying for the probate of a will or letters of administration has estimated the property of the deceased to be of greater value than the same has afterwards proved to be, and has consequently paid too high a court-fee thereon, if, within six months after the true value of the property has been ascertained, such person produces the probate or letters to the Chief Controlling Revenue -authority 8[for the local area] in which the probate or letters has or have been granted,

See Madras Regulations 11 of 1816 and 4 of 1821, s. 6.
See Bombay Village Police Act, 1867 (Born. 8 of 1867), ss. 14, 15 and 16.
The Bengal Chaukidari Act, 1856.
See now the Land Acquisition Act, 1894 (1 of 1894).
The Chota Nagpur Tenures Act, 1869.
Subs. by Act 15 of 1872, s. 2, for clause (xiv) which read as follows:---
―Petitions under the 14th and 15th of Victoria, Ch. 40 (an Act for marriages in India), s. 5, or under Act No. 5 of 1852, s. 9‖.
Ins. by Act 13 of 1875, s. 6.
Subs. by Act 10 of 1901, s. 3, for ―of the Province‖.

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 thereon; and

the same in money, at his discretion.

19B. Relief where debts due from a deceased person have been paid out of his estate .— Whenever it is proved to the satisfaction of such Authority that an executor or administrator has paid debts due from the deceased to such an amount as, being deducted out of the amount or value of the estate, reduces the same to a sum which, if it had been the whole gross amount or value of the estate, would have occasioned a less court-fee to be paid on the probate or letters of administration granted in respect of such estate than has been actually paid thereon under this Act,

such Authority may return the difference, provided the same be claimed within three years after the

date of such probate or letters.

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

19C. Relief in case of several grants.—Whenever 1 *** a grant of probate or letters of administration has been or is made in respect of the whole of the property belonging to an estate, and the full fee chargeable under this Act has been or is paid thereon, no fee shall be chargeable under the same Act when a like grant is made in respect of the whole or any part of the same property belonging to the same estate.

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

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

19E. Provision for case where too low a court-fee has been paid on probates, etc.—Where any person on applying for probate or letters of administration has estimated the estate of the deceased to be of less value than the same has afterwards proved to be, and has in consequence paid too low a court-fee thereon, the Chief Controlling Revenue-authority 2[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

The word ―such‖ rep. by Act 12 of 1891.
Subs. by Act 10 of 1901, s. 3, for ―of the Province‖.

be duly stamped on payment of the full court-fee which ought to have been originally paid thereon in respect of such value and of the further penalty, if the probate or letters is or are produced within one year from the date of grant, of five times, or, if it or they is or are produced after one year from such date, of twenty times, such proper court-fee, without any deduction of the court-fee originally paid on such probate or letters:

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

19F. Administrator to give proper security before letters stamped under section 19E.—In case of letters of administration on which too low a court-fee has been paid at first, the said Authority shall not cause the same to be duly stamped in manner aforesaid until the administrator has given such security to the Court by which the letters of administration have been granted as ought by law to have been given on the granting thereof in case the full value of the estate of the deceased had been then ascertained.

1[19G. Executors, etc., not paying full court-fee on probates, etc., within six months after discovery of under-payment.—Where too low a court-fee has been paid on any probate or letters of administration in consequence of any mistake, or of its not being known at the time that some particular part of the estate belonged to the deceased, if any executor or administrator acting under such probate or letters does not, within six months 2*** after the discovery of the mistake or of any effects not known at the time to have belonged to the deceased, apply to the said Authority and pay what is wanting to make up the court-fee which ought to have been paid at first on such probate or letters, he shall forfeit the sum of one thousand rupees and also a further sum at the rate of ten per cent. on the amount of the sum wanting to make up the proper court-fee.]

3[19H. Notice of applications for probate or letters of administration to be given to Revenue authorities, and procedure thereon.—(1) Where an application for probate or letters of administration is made to any Court other than a High Court, the Court shall cause notice of the application to be given to the Collector.

(2) Where such an application as aforesaid is made to a High Court, the High Court shall cause notice of the application to be given to the Chief Controlling Revenue-authority 4[for the local area in which the High Court is situated].

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

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

As to recovery of penalties or forfeitures under s. 19G, see s. 19J, infra.
The words and figures ―after the first day of April, 1875, or ―rep. by Act 12 of 1891, s. 3 and the First Schedule.
Ins. by Act 11 of 1899, s. 2.
Subs. by Act 10 of 1901, s. 3, for ―of the Province‖.

Provided that no such motion shall be made after the expiration of six months from the date of the exhibition of the inventory required by section 277 of the 1Indian Succession Act, 1865 (10 of 1865), or as the case may be, by section 98 of the 5Probate and Administration Act, 1881 (5 of 1881).

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

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

(7) The finding of the Court recorded under sub-section (5) shall be final, but shall not bar the

entertainment and disposal by the Chief Controlling Revenue-authority of any application under
section 19E.

(8) The State Government may make rules for the guidance of Collectors in the exercise of the

powers conferred by sub-section (3).]

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

(2) The grant of probate or letters of administration shall not be delayed by reason of any motion

made by the Collector under section 19H, sub-section (4).]

1[19J. Recovery of penalties, etc.— (1) Any excess fee found to be payable on any inquiry held under section 19H, sub-section (6), and any penalty or forfeiture under section 19G, may, on the certificate of the Chief Controlling Revenue-authority, be recovered from the executor or administrator as if it were an arrear of land-revenue by any Collector 3***.

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

1[19K. Sections 6 and 28 not to apply to probates or letters of administration.—Nothing in

section 6 or section 28 shall apply to probates or letters of administration.]]

CHAPTER IV PROCESS-FEES

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

following matters:—

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

(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.

See now the Indian Succession Act, 1925 (39 of 1925).
Ins. by Act 11 of 1899, s 2.
The words ―in any part of British India‖ rep by the A.O. 1948.

The High Court may from time to time alter and add to the rules so made. Confirmation and publication of rules.—All such rules, alterations and additions shall, after being confirmed by the State Government 1***, be published in the Official Gazette, and shall thereupon have the force of law.

Until such rules shall be so made and published, the fees now leviable for serving and executing

processes shall continue to be levied, and shall be deemed to be fees leviable under this Act.

Tables of process fees.—A table in the English and Vernacular languages, showing the fees chargeable for such service and executio n, shall be exposed to view in a conspicuous part of each Court.
Number of peons in district and subordinate Courts.—Subject to rules to be made by the High

Court and approved by the State Government 2***,

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

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

Number of peons in Revenue Courts.—Subject to rules to be framed by the Chief Contro- lling Revenue-authority and approved by the State Government 2***, every officer performing the functions of a Collector of a district shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued out of his Court or the courts subordinate to him.
[Process served under this Chapter to be held to be process within meaning of Code of Civil Procedure.] Rep. by the Repealing and Amending Act , 1891 (12 of 1891), s. 3 and the First Schedule.

Uttar Pradesh

STATE AMENDMENT

Substitution of section 24-A.—For section 24-A for the principal Act, the following section shall be

substituted, namely:—

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

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

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

The words ―and sanctioned by the Governor General of India in Council‖ omitted by Act 38 of 1920, s. 2 and the
The words ―and the Governor General of India in Council‖ omitted by Act 38 of 1920, s. 2 and the First Schedule.
The reference to Act 11 of 1865 should now be read as referring to the Provincial Small Cause Courts Act, 1887 (9 of 1887);

First Schedule.

see s. 2(3) of that Act.

CHAPTER V

OF THE MODE OF LEVYING FEES

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

be collected by stamps.

Stamps to be impressed or adhesive.—The stamps used to denote any fees chargeable under this Act shall be impressed or adhesive, or pertly impressed and partly adhesive, as the 1[appropriate Government] may, by notification in the Official Gazette, from time to time direct2.

Jammu and Kashmir (UT).—

STATE AMENDMENT

Section 26 shall be numbered as sub-section (1) thereof, and after sub-section (1) so renumbered,

insert the following sub-section, namely:—

(2) For the purposes of sub-section (1), and section 25, ―stamp‖ means any mark, seal or endorsement by any agency or person duly authorised by the Appropriate Government, and includes an adhesive or impressed stamp, for the purposes of court fee chargeable under this Act.

Explanation:—―impressed stamp‖ includes impression by a franking machine or another machine, or a unique number generated by e-stamping or similar software, as the Appropriate Government may, by notification in the official Gazette, specify‖.

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

Union Territory of Ladakh

Section 26.--Numbered as sub-section (1) thereof, and after sub-section (1) as so numbered,

insert-

'(2) For the purposes of sub-section (1), and section 25, "stamp" means any mark, seal or endorsement by any agency or person duly authorised by the Appropriate Government, and includes an adhesive or impressed stamp, for the purposes of court fee chargeable under this Act.

Explanation 7.--The expression "impressed stamp" includes impression by a franking machine or another machine, or a unique number generated by e-stamping or similar software, as the Appropriate Government may, by notification in the Official Gazette, specify.‘.

Explanation 2.--The expression "e-stamping" means stamping using unique number or code

through an electronic machine or a software application‘.

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

Rules for supply, number, renewal and keeping accounts of stamps.—The 3[appropriate

Government] may, from time to time, make rules for regulating—

(a) the supply of stamps to be used under this Act; (b) the number of stamps to be used for denoting any fee chargeable under this Act;
(c) the renewal of damaged or spoiled stamps; and (d) the keeping accounts of all stamps used under this Act:

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

with the concurrence of the Chief Justice of such Court.

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

of law.

Subs. by the A.O. 1937, for ―L. G.‖.
For rules as to levy of court-fees by adhesive and impressed stamps, see Gazette of India, 1883. Pt. I, p 189.

28. Stamping documents inadvertently received.—No document which ought to bear a stamp

under this Act shall be of any validity, unless and until it is properly stamped.

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

STATE AMENDMENT

Orissa

Insertion a new section 28-A, Act (7 of 1870).—After section 28 of the Court Fees Act, 1870 the

following new section shall be inserted, namely:—

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

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

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

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

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

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 stamp.—No document requiring a stamp under this Act shall be filed or acted

upon in any proceeding in any Court or office until the stamp has been cancelled.

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

CHAPTER VI MISCELLANEOUS

[Repayment of fees paid on applications to Criminal Courts.] Rep. by the Code of Criminal

Procedure (Amendment) Act, 1923 (18 of 1923), s. 163.

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

(12 of 1891), s. 3 and the First Schedule.

Admission in criminal cases of documents for which proper fee has not been paid.— Whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee

has not been paid is, in the opinion of the presiding Judge, necessary to prevent a failure of justice, nothing contained in section 4 or section 6 shall be deemed to prohibit such filing or exhibition.

1[34. Sale of stamps.—(1) The 2[appropriate Government] may from time to time make rules for regulating the sale of stamps to be used under this Act, the persons by whom alone such sale is to be conducted, and the duties and remuneration of such persons.

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

force of law.

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

Power to reduce or remit fees.—The 2[appropriate Government] may, from time to time by notification in the Official Gazette, reduce or remit, in the whole or in any part of 3[the territories; under its administration], all or any of the fees mentioned in the first and second schedules to this Act annexed, and may in like manner cancel or vary such order.

STATE AMENDMENT

Orissa

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

section shall be substituted:—

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

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

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

Saving of fees to certain officers of High Courts.—Nothing in Chapters II and V of this Act applies to the commission payable to the Accountant General of the High Court at Fort William, or to the fees which any officer of a High Court is allowed to receive in addition to a fixed salary.
Subs. by Act 12 of 1891, s. 3 and the First Schedule, for section 34.
Subs. by the A.O.1937, for ―L. G.‖.
Subs. by Act 38 of 1920, s. 2 and the First Schedule, for ―British India‖.

Number

1 Plaint 2 [written statement pleading a set-off or counter- claim] or memorandum of appeal (not otherwise provided for in this Act) 2[or of cross-objection] pre- sented to any Civil or Revenue Court except those mentioned in section 3.

SCHEDULE I

AD VALOREM FEES

When the amount or value of the subject-matter in dispute

does not exceed five rupees. When such amount or value exceeds five rupees, for every five rupees, or part thereof, in excess of five rupees, up to one hundred rupees. When such amount or value exceeds one hundred rupees, for every ten rupees, or part thereof, in excess of one hundred rupees, up to one thousand rupees. When such amount or value exceeds one thousand rupees, for every one hundred rupees, or part thereof, in excess of one thousand rupees, up to five thousand rupees. When such amount or value exceeds five thousand rupees, for every two hundred and fifty rupees, or part thereof, in excess of five thousand rupees, up to ten thousand rupees. When such amount or value exceeds ten thousand rupees, for every five hundred rupees, or part thereof, in excess of ten thousand rupees, up to twenty thousand rupees. When such amount or value exceeds twenty thousand rupees, for every one thousand rupees, or part thereof, in excess of twenty thousand rupees, up to thirty thousand rupees. When such amount or value exceeds thirty thousand rupees, for every two thousand rupees, or part thereof, in excess of thirty thousand rupees, up to fifty thousand rupees. When such amount or value exceeds fifty thousand rupees, for every five thousand rupees, or part thereof, in excess of fifty thousand rupees: Provided that the maximum fee leviable on a plaint or memorandum of appeal shall be three thousand rupees.

Indian (8 of

Plaint 3 *** in a suit for possession under 4 [the Specific Relief Act, 1877, section 9]. the [Repealed by
Registration Act, 1871 1871)].
Application review of judgement, 5 if presented on or after the ninetieth day from the date of the decree.
Application for review of judgments, 5if presented before the ninetieth day from the date of the decree.

for

Proper Fee Six annas.

Six annas.

Twelve annas.

Five rupees.

Ten rupees.

Fifteen rupees.

Twenty rupees.

Twenty-five rupees.

A fee of one-half the amount prescribed in the foregoing scale.

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

To ascertain the proper fee leviable on the institution of a suit, see the table annexed to this Schedule.
Ins. by Act 5 of 1908, s. 155 and the Fourth Schedule.
The words ―or memorandum of appeal‖ rep. by Act 20 of 1870 , s.1.
Subs. by Act 12 of 1891, s. 3 and the First Schedule for ―Act No. 14 of 1859 (to provide for the limitation of

suits)”.

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

Number

Copy or translation of a judgment or order not being, or having the force of, a decree.
Copy of a decree or order having the force of a decree.
Copy of any document liable to stamp-duty under the Indian Stamp Act, 18791, (1 of 1879), when left by any party to a suit of proceeding in place of the original withdrawn.
Copy of any revenue or judicial proceeding or order not otherwise provided for by this Act, or copy of any account, statement, report or the like, taken out of any Civil or Criminal or Revenue Court or office, or from the office of any chief officer charged with the executive administration of a Division.
[Rep. by the Guardians and Wards Act, 1890 (8 of 1890).]

2[11. Probate of a will or letters of administration with or without will annexed.

When such judgment or order is passed by any Civil Court other than a High Court, or by the presiding officer of any Revenue Court or office, or by any other Judicial or Executive Authority— (a) If the amount or value of the subject matter is fifty or less than fifty rupees. (b) If such amount or value exceeds fifty rupees. When such judgment or order is passed by a High Court.
When such decree or order is made by any Civil Court other than a High Court, or by any Revenue Court— (a) If the amount or value of the subject matter of the suit wherein such decree or order is made is fifty or less than fifty rupees. (b) If such amount or value exceeds fifty rupees. When such decree or order is made by a High Court. (a) When the stamp-duty chargeable on the original does not exceed eight annas.

(b) In any other case.

Proper Fee

Four annas.

Eight annas. One rupee.

Eight annas.

One rupee. Four rupees. The amount of the duty chargeable on the original. Eight annas.

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

Eight annas.

..

3[When the amount or value of the property in respect of which the grant of probate or letters is made exceeds one thousand rupees, but does not exceed ten thousand rupees.

When such amount or value exceeds ten thousand rupees, but does not exceed fifty thousand rupees.

When such amount or value exceeds fifty thousand rupees:

Provided that when, after the grant of a certificate under the Succession Certificate Act, 1889 (7 of 1889), or under the Regulation of the Bombay Code, No. 8 of 1827, in respect of any property included in an estate, a grant of probate or letters of administration is made in respect of the same estate, the fee payable in respect of the letter grant shall be reduced by the amount of the fee paid in respect of the former grant.

..

Two per centum on such amount or value.

Two and one-half per centum on such amount or value.

Three per centum on such amount or value.]

See now the Indian Stamp Act, 1899 (2 of 1899).
Subs. by Act 7 of 1889, s. 13, for article 11.
These items were subs. by Act 7 of 1910, s. 2(i).

Number

1[12. Certificate under the Suc- cession Certificate Act, 1889 (7 of 1889).

In any case.

[12A. Certificate under

the Regulation of the Bombay Code No. 8 of 1827.

3[(1) As regards debts and securities.

(2) As regards other property in respect of which the certificate is granted— When the amount or value of such property exceeds one thousand rupees, but does not exceed ten thousand rupees. When such amount or value exceeds ten thousand rupees, but does not exceed fifty thousand rupees.

When such amount or value exceeds fifty thousand rupees.

Subs. by Act 7 of 1889, s. 13, for the article 12.
Subs. by s. 13, ibid., for article 12A. 3 These items were subs. by Act 7 of 1910, s. 2.

Proper Fee

Two per centum on the amount or value of any debt or security specified in the certificate under section 8 of the Act, and three per centum on the amount or value of any debt or security to which the certificate is extended under section 10 of the Act. NOTE.- (1) The amount of a debt is its amount, inclu- ding interest, on the day on which the inclusion of the debt in the certificate is applied for, so far as such amount can be asc- ertained. (2) Whether or not any power with respect to a security specified cert- ificate has been conferred under the Act, and, where such a power has been so conferred, whether the power is for the receiving of interests or dividends on, or for the negotiation or, transfer, of the secur- ity, or for both purposes, the value of the security is its market-value on the day on which the inclusion of the security in the cer- tificate is applied for as far as such value can be asc- ertained.] The same fee as would be payable in respect of a certificate under the Succession Certificate Act, 1889 (7 of 1889), or in respect of an ext- ension of such a cert- ificate, as the case may be.

Two per centum on such amount or val- ue.

Two and one-half per centum on such amo- unt or value.

Three per centum on such amount or val- ue.]]

Number

Proper Fee

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

Two rupees.

under

When such amount or value exceeds twenty-five rupees.

The fee leviable on a memorandum of appeal.

its

jurisdiction

1 13. Application to the 2 [High Court of Punjab] for the exercise of section 44 of the Punjab Courts Act, 1918 (Punjab 6 of 1918) or to the Court of the Financial Commissioner of Punjab for the exercise revisional jurisdiction under section 84 of the Punjab Tenancy Act, 1887 (16 of 1887).

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

its

[Rep. by the Repealing and (11 of Amending Act, 1923 1923), s. 3 and Sch. II.]
Ins. by the Punjab Courts Act, 1884 (8 of 1884), s. 71, as amended by the Punjab Courts Act 1899 (25 of 1899), s. 6. Article 13 was rep. in the Punjab by s. 5 of the Punjab Courts (Amendment) Act, 1912 (Punjab 1 of 1912); but it has since been revived in this form by the Court-fees (Punjab Amendment) Act, 1922 (Punjab 7 of 1922).
Subs. by the A.O. 1948, for ―High Court of Judicature at Lahore‖.

Assam.

STATE AMENDMENT

Amendment of Schedule 1 of Act 7 of 1870.—In Schedule I to the principal Act,— (1) for Article 1,

the following shall be substituted, namely:—

Number (1)

(2)

―1. Plaint, written statement pleading a set-off or counter- claim or memorandum of appeal (not otherwise provided for in this Act) or, of cross-objection any Civil or presented to Revenue Court except those mentioned in Section 3.

When the amount or value of the subject- matter in dispute does not exceed one hundred rupees, for every five rupees, or, part thereof of such amount or value;

Proper fee (3)

fifty-five paise.

and

When such amount or value exceeds one hundred rupees, for every ten rupees or part thereof, in excess of one hundred rupees up to one hundred and fifty rupees;

One rupee and ninety- five paise.

and

When such amount or values exceeds one hundred and fifty rupees, for every ten rupees, or part thereof, up to one thousand rupees;

One rupee and forty paise.

and

When such amount or value exceeds one thousand rupees, for every one hundred rupees, or part thereof in excess of one thousand rupees, up to seven thousand five hundred rupees;

Eight rupees and twenty-five paise.

and

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

Sixteen rupees and fifty paise.

and

When such amount or value exceeds ten, thousand rupees, for every five hundred rupees, or part thereof, in excess of ten thousand rupees, up to twenty thousand rupees;

and When such amount or value exceeds twenty thousand rupees, for every one thousand rupees, or part thereof in excess of twenty
thousand rupees upto fifty thousand rupees; and When such amount or value exceeds fifty thousand rupees, for every five thousand rupees, or part thereof in exceess of fifty thousand rupees:
Provided that the maximum fee leviable on a plaint or memorandum of appeal shall not exceed eleven thousand rupees.‖

Twenty-four rupees and seventy-five paise.

Thirty-three rupees.

Forty-one rupees and twenty-five paise.

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

―6. Copy or translation of a judgment or order not being or having the force of a decree.

Copy of a decree or order having the force of a decree

When such judgment or order is passed by any Civil Court other than High Court, or by the Presiding Officer of any Revenue Court or officer or by any other Judicial or Executive Authority: (a) if the amount or value of the subject- matter is fifty or less than fifty rupees.

(b) if such amount or value exceeds fifty rupees. (c) when such judgment or order is passed by a High Court.

When such decree or order is made by any Civil Court other than a High, Court, or by any Revenue Court—

(a) If the amount or value of the subject matter of the suit wherein such decree or order is made is fifty or less than fifty rupees.

One rupee and ten paise. Two rupees and twenty paise.

Four rupees and forty paise.

Two rupees and twenty paise.

(b) If such amount or value exceeds fifty rupees.

Three rupees and thirty paise.

Eight rupees and twenty-five paise.

(a) when the stamp-duty chargeable on the original does not exceed one rupee.

The amount of the duty chargeable on the original.

(b) In any other case.

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

One rupee and twenty paise.‖ One rupee and twenty paise.

Copy of any document liable to stamp-duty under the Indian Stamp Act, 1899 (Act 2 of 1899), when left by any party to a suit or the proceeding original withdrawn.

in place of

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

administration

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

STATE AMENDMENT

Assam

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

When the amount or value of the subject matter exceeds

But does not exceed

Proper fee

(1)

Rs.

" "

100

110

120

130

140

150

(3)

Rs. P.

.55

1.10

1.65

2.20

2.75

3.30

3.85

4.40

4.95

5.50

6.05

6.60

7.15

7.70

8.25

8.80

9.35

9.90

10.45

11.00

12.95

14.85

16.80

18.70

20.55

21.95

(2)

Rs.

100

110

120

130

140

150

160

When the amount or value of the subject matter exceeds

But does not exceed

Proper fee

(1)

Rs.

160

170

180

190

200

210

220

230

240

250

260

270

280

290

300

310

320

330

340

350

360

370

380

390

400

410

420

430

(3)

Rs. P.

23.30

24.60

25.90

27.25

28.55

29.90

31.20

32.50

33.85

35.15

36.50

37.80

39.15

40.45

41.75

43.10

44.40

45.75

47.05

48.35

49.0

51.00

52.35

53.65

54.95

56.30

57.60

58.95

(2)

Rs.

170

180

190

200

210

220

230

240

250

260

270

280

290

300

310

320

330

340

350

360

370

380

390

400

410

420

430

440

When the amount or value of the subject matter exceeds

But does not exceed

Proper fee

(1)

Rs.

440

450

460

470

480

490

500

510

520

530

540

550

560

570

580

590

600

610

620

630

640

650

660

670

680

690

700

710

(3)

Rs. P.

60 25

61.55

62.90

64.20

65.55

66.85

68.15

69.50

70.80

72.15

73.45

74.75

76.10

77.40

78.75

80.05

81.35

82.70

84.00

85.35

86.65

87.95

89.30

90.60

91.95

93.25

95.90

(2)

Rs.

450

460

470

480

490

500

510

520

530

540

550

560

570

580

590

600

610

620

630

640

650

660

670

680

690

700

710

720

When the amount or value of the subject matter exceeds

But does not exceed

Proper fee

(1)

Rs.

720

730

740

750

760

770

780

790

800

810

820

830

840

850

860

870

880

890

900

910

920

930

940

(3)

Rs. P.

97.20

98.55

99.85

101.15

102.50

103.80

105.15

106.45

107.75

109.10

110.40

111.75

113.05

114.35

115.70

117.00

118.35

119.65

120.95

122.30

123.60

124.95

126.25

(2)

Rs.

730

740

750

760

770

780

790

800

810

820

830

840

850

860

870

880

890

900

910

920

930

940

950

Number (1)

(2)

Proper fee

(3)

Plaint or memorandum of appeal to a suit

to establish or disprove a right of occupancy.

Bail-bond or other instrument obligation

given in a pursuance of an order made by a Court

or Magistrate under any section of the Code of

Criminal Procedure, 1898 (Act V of 1898), or the

Code of Civil Procedure, 1908 and not otherwise

provided for by this Act.

Undertaking under section 49 of the Indian

Divorce Act, 1869.

One rupee

and ten paise.

Mukhtarnama or Vakalatnama.

When presented for the conduct of any one case—

(a) to any Civil or Criminal Court other

One rupee

than a High Court, or to any Revenue

and ten paise.

Court, or to any Collector or Magistrate,

or other Executive Officer except such as

are mentioned in clauses (b) and (c) of

this Number;

(b) to a Commissioner of Revenue,

Circuit or Customs or to any officer

charged with the Executive

Administration of a Division, not being

the Chief Revenue or Executive

Authority;

Commissioner, Board of Revenue, or

other Chief Controlling Revenue or

Executive Authority, or an appellate

Authority prescribed under the Motor

Vehicles Act, 1939 (Act IV of 1939) or

to an Appellate Authority prescribed

under the Assam Sales Tax Act,

1947(Assam Act XVII of 1947).

Two rupees

and seventy-

five paise.

Five rupees

and fifty

paise.

Number

(1)

(2)

Proper fee

(3)

Memorandum of appeal when the appeal

(a) to any Civil Court other than a High

Three rupees

is not from a decree or an order having the

Court, or to any Revenue Court or

force of a decree, and is presented.

Executive Officer other than the High

and thirty

paise.

Court or Chief Controlling Revenue or

Executive Authority except an authority

specified in clause (b);

(b) to an Excise Appellate Authority

under Rule 340 of the Assam Excise

Rules;

Commissioner or other Chief Controlling

Executive or Revenue Authority except an

Authority prescribed in clause (b);

Sixteen

rupees and

fifty paise.

Eleven

rupees.

(d) To an Excise Appellate Authority

Fifty five

under Rule 341 of the Assam Excise Rule

rupees.

(e) to a High Court in miscellaneous

revenue matters except (f) below or to an

Appellate Authority prescribed under the

Motor Vehicles Act, 1939 (Act IV of

1939); and

(f) to a High Court in appeal and revision

matters arising out of settlement of

fishery—

(i) When the bid money is below ten

thousand rupees:

Sixteen

rupees and

fifty paise.

Sixteen

rupees and

fifty paise.

(ii) When the bid money is above then

Twenty-

thousand rupees but below twenty

seven rupees

thousand rupees:

and fifty

paise.

(iii) When the bid money is above

Thirty-tree

Caveat...
Application under Act No. 10 of 1859,

section 26 or Bengal Act No. 6 of 1962, section

9 or Bengal Act No. 8 of 1869 section 37.

Number

twenty thousand rupees.

rupees.

Eleven

rupees.

Five rupees

and fifty

paise.

Proper fee

(1)

(2)

Petition in a suit under the Native Converts‘ Marriage Dissolution Act, 1866.
Plaint or memorandum of appeal in each of the following suits:--

(i) to alter or set aside a summary decision

or order of any of the Civil Courts not

established by Letters Patent or of any

Revenue Court;

(ii) to alter or cancel any entry in a register

of the names of proprietors of revenue-

paying estates;

(3)

Five rupees

and fifty

paise.

Sixteen

rupees and

fifty paise.

(iii) to obtain a declaration decree where no

Twenty-two

Application under section 14 or section 20, of the Indian Arbitration Act, 1940 (Act X of 1940), for a direction for filing an award or for an order for filing an agreement.
Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure, 1908 (Act V of 1908).
Every petition under the Indian Divorce Act, 1869 (Act IV of 1869), except petitions under section 44 of the same Act, and every memorandum of appeal under section 55 of the same Act.
Plaint or memorandum of appeal under the Parsi Marriage and Divorce Act, 1865 (Act XV of 1865).

[vide Assam Act 27 of 1972 s. 3]

consequential relief is prayed;

(iv) to set aside an award;

(v) to set aside an adoption;

(vi) every other suit where it is not possible

to estimate at a money-value the subject-

matter in dispute, and which is not other-

wise provided for by this Act.

When presented to a Munsif‘s Court.

When presented to any other Court.

rupees.

Sixteen

rupees and

fifty paise.

Twenty--two

rupees.

Sixteen

rupees and

fifty paise.

Sixteen

rupees and

fifty paise.

Fifty-five

rupees.

Sixteen

rupees and

fifty paise.

Twenty-two

rupees.

Twenty-two

rupees.]

STATE AMENDMENT

Orissa

Amendment of Schedule I Act (7 of 1870).-In Schedule I to the principal Act for articles 11 and 12,

the following articles shall be substituted, namely:--

Number (1) “11. Probate of a will or letters of administration with or without will annexed.

Proper fee

(3) Two per centum

Three per centum

Four per centum

Five per centum

(2) When the amount or value of the property in respect of which the grant of probate or letters is made exceeds two thousand rupees, on such amount or value up to ten thousand rupees.

and

When such amount or value exceeds ten thousand rupees, on the portion of such amount or value which is in excess of ten thousand fifty rupees up thousand rupees.

and

When such amount or value exceeds fifty thousand rupees, on the portion of such amount or value which is in excess of fifty thousand rupees up to one lakh of rupees,

and

When such amount or value exceeds a lakh of rupees, on the portion of such amount or value which is in excess of one lakh of rupees: Provided that when, after the grant of a certificate under the Indian Succession Act, 1925 (39 of 1925) or under the Regulation of the Bombay Code No.8 of 1827, in respect of any property included in an estate, a grant of probate or letters of administration is made in respect of the same estate, the fee payable in respect of the latter grant shall be reduced by the amount of the fee paid in respect of the former grant.

12. Certificate under the Indian Succession Act, 1925.

When the amount or value of any debt or security specified in the certificate under section 374 of the Act, exceeds one thousand rupees, on such amount or value up to ten thousand rupees,

and

When such amount or value exceeds ten thousand rupees, on the portion of such amount or value which is in excess of ten thousand rupees up to fifty thousand rupees,

Two per centum, and on the amount or value of any debt or security to which the certificate is extended under section 376 of the Act, three per centum.

Three per centum, and on the amount or value of any debt or security to which the certificate is extended under section 376 of the Act, four-and-a-half per centum. Four per centum, and on the mount or value of any debt or security to which the certificate is extended under section 376 of the
Act, six per centum.

Five per centum, and on the amount or value of any debt or security to which the certificate is extended under section 376 of the Act, seven-and-a-half per centum.‖

and

When such amount or value exceeds fifty thousand rupees, on the portion of such amount or value which is in excess of fifty thousand rupees up to one lakh of rupees, and
When such amount or value exceeds a lakh of rupees, on the portion of such amount or value which is in excess of one lakh of rupees.

SCHEDULE (See section 2)

Number and year (1) Bihar and Orissa Act 1 of 1952

Madras Act V of 1922 Central Province Act XVI of 1935

Short title (2) Bihar and Orissa Court-Fees (Amendment Act, 1922). Madras Court-Fees (Amendment) Act, 1922 Court- Fees (Central Provinces Amendment) Act, 1935.

When the amount or value of the subject-matter exceeds

But does not exceed

Proper fee.

1
Rs.

1,400

1,500

1,600

1,700

1,800

1,900

2,000

2,100

2,200

2,300

2,400

2,500

2,600

2,700

2,800

2,900

3,000

3,100

3,200

3 Rs. a. p.

141 4 0

148 12 0

156 4 0

163 12 0

171 4 0

178 12 0

186 4 0

193 12 0

201 4 0

208 12 0

216 4 0

223 12 0

231 4 0

238 12 0

246 4 0

263 12 0

261 4 0

268 12 0

276 4 0

2 Rs.

1,500

1,600

1,700

1,800

1,900

2,000

2,100

2,200

2,300

2,400

2,500

2,600

2,700

2,800

2,900

3,100

3,200

3,300

When the amount or value of the subject-matter exceeds

But does not exceed

Proper fee.

3 Rs. a. p. 88 0 0

89 2 0

90 4 0

91 6 0

92 8 0

93 10 0

94 12 0

95 14 0

97 0 0

98 2 0

99 4 0

100 6 0

101 8 0

102 10 0

103 12 0

111 4 0

118 12 0

126 4 0

133 12 0

1
Rs. 850

860

870

880

890

900

910

920

930

940

950

960

970

980

990

1,000

1,100

1,200

1,300

2 Rs. 860

870

880

890

900

910

920

930

940

950

960

970

980

990

1,000

1,100

1,200

1,300

1,400

When the amount or value of the subject-matter exceeds

But does not exceed

Proper fee.

Rs.

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

Rs. a. p.

1,341 4 0

1,371 4 0

1,401 4 0

1,431 4 0

1,461 4 0

1,491 4 0

1,521 4 0

1,551 4 0

1,581 4 0

1,661 4 0

1,641 4 0

1,671 4 0

1,701 4 0

1,731 4 0

1,761 4 0

1, 791 4 0

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

When the amount or value of the subject-matter exceeds

But does not exceed

Proper fee.

1
Rs. 85

100

110

120

130

140

150

160

170

180

190

200

210

220

230

240

250

260

2 Rs. 90

100

110

120

130

140

150

160

170

180

190

200

210

220

230

240

250

260

3 Rs. 6 12 0

7 2 0

7 8 0

8 8 0

9 8 0

10 8 0

11 8 0

12 8 0

13 8 0

14 8 0

15 8 0

16 8 0

17 8 0

18 8 0

19 8 0

20 8 0

21 8 0

22 8 0

23 8 0

24 8 0

When the amount or value of the subject-matter exceeds

But does not exceed

Proper fee.

1
Rs. 7,100

7,200

7,300

7,500

7,600

7,700

7,800

7,900

8,000

8,250

8,500

8,750

9,000

9,250

9,500

9,750

10,000

10,500

11,000

11,500

12,000

3 Rs. a. p.

508 12 0

576 4 0

533 12 0

591 4 0

606 4 0

621 4 0

636 4 0

                651  4  0

666 4 0

681 4 0

696 4 0

711 4 0

726 4 0

741 4 0

763 12 0

786 4 0

808 12 0

831 4 0

853 12 0

2 Rs. 7,200

7,300

7,500

7,600

7,700

7,800

7,900

8,000

8,250

8,500

8,750

9,000

9,250

9,500

9,750

10,000

10,500

11,000

11,500

12,000

12,500

When the amount or value of the subject-matter exceeds

But does not exceed

Proper fee.

1
Rs.

660

670

680

690

700

710

720

730

740

750

760

770

780

790

800

810

820

830

840

3 Rs. a. p.

66 10 0

67 12 0

68 14 0

70 0 0

71 2 0

72 4 0

73 6 0

74 8 0

75 10 0

76 12 0

77 14 0

79 0 0

80 2 0

81 4 0

82 0 0

83 8 0

84 10 0

85 12 0

86 14 0

2 Rs.

670

680

690

700

710

720

730

740

750

760

770

780

790

800

810

820

830

840

850

When the amount or value of the subject-matter exceeds

But does not exceed

Proper fee.

3 Rs. a. p. 7 2 0

7 8 0

8 4 0

9 0 0

9 12 0

10 8 0

11 4 0

12 0 0

12 12 0

13 8 0

14 4 0

15 0 0

15 12 0

16 8 0

17 4 0

18 0 0

18 12 0

19 8 0

20 4 0

21 0 0

21 12 0

1
Rs. 90

100

110

120

130

140

150

160

170

180

190

200

210

220

230

240

250

260

270

280

2 Rs. 95

100

110

120

130

140

150

160

170

180

190

200

210

220

230

240

250

260

270

280

290

When the amount or value of the subject-matter exceeds

But does not exceed

Proper fee.

1
Rs. 290

300

310

320

330

340

350

360

370

380

390

400

410

420

430

440

450

460

470

480

490

3 Rs. a. p. 22 8 0

23 4 0

24 0 0

24 12 0

25 8 0

26 4 0

27 0 0

27 12 0

28 8 0

29 4 0

30 0 0

30 12 0

31 8 0

32 4 0

33 0 0

33 12 0

34 8 0

35 4 0

36 0 0

36 12 0

37 8 0

2 Rs. 300

310

320

330

340

350

360

370

380

390

400

410

420

430

440

450

460

470

480

490

500

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

SCHEDULE B.

(See Section 21).

the amount of the subject-

When value of matter exceeds.

But does not exceed.

Proper fee.

Rs. …

Rs. a. p.

0 6 0

Rs.

SCHEDULE A.

(See Section 2.)

Province year and number.

Title.

Extent of Repeal.

Bihar and Orissa Act I of

2 Bihar and Orissa Court Fees (Amendment) Act, 1992.

The whole Act, except sections 6,9, 10 and 13.

Madras Act V of 1922.

Madras (Amendment) Act, 1922.

Court

Fees

The whole Act, except section 11 in respect of Articles 11 and 12 of Schedule I.

Central Provinces Act XVI of

Court Fees (Central Provinces Amendment) Act, 1935.

The whole Act, except section 4 (e).

When the amount or value of the subject-matter exceeds

1
Rs.

3,300

3,400

3,500

3,600

3,700

3,800

3,900

4,000

4,100

4,200

4,300

4,400

4,500

4,600

4,700

4,800

4,900

5,000

5,100

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

But does not exceed

Proper fee.

3 Rs. a. p.

283 12 0

291 4 0

298 12 0

306 4 0

313 12 0

321 4 0

328 12 0

336 4 0

343 12 0

351 4 0

358 12 0

366 4 0

373 12 0

381 4 0

388 12 0

396 4 0

403 12 0

411 4 0

418 12 0

2 Rs.

3,400

3,500

3,600

3,700

3,800

3,900

4,000

4,100

4,200

4,300

4,400

4,500

4,600

4,700

4,800

4,900

5,000

5,100

5,200

Amendment of Article 1 of Schedule 1 (7 of 1870).--For Article 1 of Schedule I of the Principal Act

the following Article shall be substituted:-- ―Number.
1.Plaint, written statement pleading a set- off or counter-claim or memorandum of appeal (not otherwise provided for in this Act) presented to any Civil or Revenue Court except those mentioned in section 3.

— When the amount or value of the subject matter in dispute does not exceed five rupees.

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

Proper fee. Six annas.

Six annas.

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

One rupee.

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

One rupee
two annas.

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

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

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

When such amount or value exceeds twenty thousand rupees, for every one thousand rupees, or part thereof, in excess of twenty thousand rupees, up to thirty thousand rupees When such amount value exceeds thirty thousand rupees, for every two thousand rupees, or part thereof in excess of
thirty thousand rupees, up to fifty thousand rupees. When such amount or value exceeds fifty thousand rupees for every five thousand
rupees, or part thereof , in excess of fifty thousand rupees.

Seven rupees eight annas.

Fifteen rupees.

Twenty two rupees eight annas.

Thirty rupees.

Thirty-seven rupees
eight annas.‖

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

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

―3. Plaint, or written statement pleading a set-off or counterclaim in any suit of the nature cognizable by a court of small causes when the amount or value of the subject matter does not exceed Rs.500.

When the amount or value of the subject matter in dispute does not exceed five rupees.

Six annas.

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

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

Six annas.

Twelve annas.

When such value exceeds three thousand rupees but does not exceed four thousand rupees.

Fifty rupees

3A. plaint or memorandum of appeal in each of the following suits:— (i)to obtain a declaratory decree where no consequential relief is prayed. (ii) to set aside an award. (iii) to obtain a declaration that an alleged adoption is invalid or never in fact took place or to obtain a declaration that an adoption is valid.

When such value exceeds four thousand rupees for every two thousand rupees, or part thereof, in excess of four thousand rupees, upto ten thousand rupees.

When such value exceeds ten thousand rupees, for every ten thousand rupees, or part thereof in excess of ten thousand rupees, up to fifty thousand rupees.

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

Fifty rupees.

One hundred rupees.‖

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

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

Schedule I of the principal Act—

(a) for the words ―four annas‖ the words ―six annas‖ shall be substituted; (b) for the words ―eight annas‖ the words ―twelve annas‖ shall be substituted; (c) for the words ―one rupee‖ the words ―one rupee eight annas‖ shall be substituted.

[Vide Orissa Act 5 of 1939, s. 18]

Amendment of Article 7 of Schedule I of Act VII of 1870. —For Article 7 of Schedule I of the principal

Act the following Article shall be substituted:—

―copy of decree or order having the fore of a decree.

When such decree or order is made by a Munsif‘s Court or a Court of Small Causes, or a Revenue Court—

(a) If the amount or value of the sub- ject-matter of the suit wherein such decree or order is made does not exceed one hundred rupees; (b) If such amount or value exceeds one hundred rupees but does not exceed one thousand ;

one thousand rupees.

When such decree or order is made by the Court of a District Judge or of a Subordinate Judge.

Eight annas.

One rupee.

One rupee eight annas.

When such decree or order is made by a High Court.

Three rupees, if the amount the subject or value of

matter of the suit wherein such decree or order is made does not exceed one thousand six
rupees, if such amount or value exceeds one thousand
rupees.‖

rupees;

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

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

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

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

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

Amendment of Schedule I .—In Schedule I to the Court Fees Act, 1870 (7 of 1870) as amended in

its application to the State of Orissa (hereinafter referred as the principal Act),—

(a) in article 1, for the words ―Thirty-seven rupees fifty naye paise‖ occurring as the last entry

under the heading ― proper fee‖ the words ― One hundred rupees‖ shall be substituted;

(b) in the foot note to the Table of rates of advalorem fees appearing under heading ―(a) Table of rates of advalorem fees leviable on plaints, etc., mentioned in Article 1 of Schedule 1‖, for the words ―thirty-seven rupees fifty naye paise‖, the words ― one hundred rupees‖ shall be substituted.

[Vide Orissa Act 34 of 1992, s. 2]

Orissa

STATE AMENDMENT

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

principal Act,—

(a)

(b)

(c)

(d)

in the third column opposite clause (a), for the words ―one annas‖ the words ―two annas‖ shall be substituted;

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

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

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

―(d) (i) When presented to a High Court under section 115 of the Code of Civil Procedure,

1908 (5 of 1908), for revision of an order,—

(a) When the value of the suit or proceedings to which the order relates does not exceed thousand one rupees.

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

(ii) when presented to a High Court otherwise than under that section.

Five rupees.

Ten rupees.

Two rupees.‖

[Vide Orissa Act 5 of 1939, s. 22]

Amendment of Article 1A of Schedule II of Act VII of 1870.--In the third column of Article 1A of Schedule II of the principal Act, for the words ―twelve annas‖ the words ―one rupee‖ shall be substituted.

[Vide Orissa Act 5 of 1939, s. 23]

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

principal Act,—

In the third column—

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

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

(iii) for the words ―two rupees‖ the words ―three rupees‖ shall be substituted.

[Vide Orissa Act 5 of 1939, s. 24]

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

principal Act—

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

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

(i) for the words ―eight annas‖ the words ―one rupee‖ shall be substituted; (ii) for the words ―two rupees‖ the words ―four rupees‖ shall be substituted.

[Vide Orissa Act 5 of 1939, s. 25]

Amendment of Article 11 of Schedule II of Act VII of 1870.--In the third column in Article 2 of

Schedule II of the principal Act, for the words ―five rupees‖ the words ―ten rupees‖ shall be substituted. [Vide Orissa Act 5 of 1939, s. 26]

Amendment of Article 14 of Schedule I of Act VII of 1870.-- In the third column in Article 14 of

Schedule II of the principal Act, for the words ―five rupees‖ the words ―ten rupees‖ shall be substituted. [Vide Orissa Act 5 of 1939, s. 27]

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

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

―17. Plaint or memorandum of appeal in a suit,— (i) to alter or set aside a summary decision or order of any of the Civil Courts not established by Letters Patent or of any Revenue Court;

(ii) to alter or cancel any entry in a names of the register of the proprietors of revenue –paying
estates; (iii) for relief under section 14 Endowment Act, 1868 (XX of 1868), or under section 91 of the Code of Civil Procedure, 1908.

17A.Plaint or memorandum of appeal in every suit where it is not possible to estimate at a money- value the subject-matter in dispute and which is not otherwise provided for by this Act.

                                                Fifteen rupees. 

                                                   Fifteen rupees. 

                                                   Fifteen rupees.

Ten rupees.

Fifteen rupees if the value for purposes of jurisdiction does not exceed four thousand rupees, one hundred rupees if such value exceeds four thousand rupees.‖

When the plaint is prescribed to, or the memorandum of appeal is against the decree of—

(a) a Revenue court in the district of Ganjam or Koraput;

(b) any

other

Revenue court, or any court of a District Judge , sub- ordinate Judge Munsif.

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

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

principal Act—

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

―Application under paragraph 17 or paragraph 20 of the Second Schedule to the Code of

Civil Procedure, 1908 (5 of 1908)‖;

[Vide Orissa Act 5 of 1939, s. 29]

Amendment of Article 19 of Schedule II of Act VII of 1870.— In the third column in Article 19 of Schedule II of the principal Act, for the words ―ten rupees‖ the words ―fifteen rupees‖ shall be substituted. [Vide Orissa Act 5 of 1939, s. 30]

Amendment of Article 19 of Schedule II of Act VII of 1870.—In the third column in Article 20 Schedule II of the principal Act, for the words ―twenty rupees‖ the words ―thirty rupees‖ shall be substituted. [Vide Orissa Act 5 of 1939, s. 31]

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

When the amount or value of the subject-matter exceeds

But does not exceed

Proper fee.

1
Rs. 5,200

5,300

5,400

5,500

5,600

5,700

5,800

5,900

6,000

6,100

6,200

6,300

6,400

6,500

2 Rs. 5,300

5,400

5,500

5,600

5,700

5,800

5,900

6,000

6,100

6,200

6,300

6,400

6,500

6,600

3 Rs. a. p. 426 4 0

433 12 0

441 4 0

418 12 0

456 4 0

463 12 0

471 4 0

478 12 0

486 4 0

493 12 0

501 4 0

508 12 0

516 4 0

523 12 0

6,600

6,700

6,800

6,900

7,000

6,700

6,800

6,900

7,000

7,100

513 4 0

638 12 0

646 4 0

658 12 0

661 4 0

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

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

―(b) (i) When containing a complaint or charge of any offence other than the complaint for the offence under section 138 of the Negotiable Instrument Act, 1881
(26 of 1881) and an offence for which Police Officers may under the Code of Criminal Procedure, 1973 (2 of 1974) arrest without warrant, and presented to any Criminal Court;

In the case of a criminal complaint and appeal, four rupees and in other cases two rupees.

Or when presented to a Civil, Criminal or Revenue Court or to a Collector, or any Revenue Officer having jurisdiction equal or sub-ordinate to a Collector;

Or to any Magistrate in his executive capacity and not otherwise provided for by this Act;

Or to deposit in Revenue Court or rent; or for determination by a Court of the amount of compensation to be paid by a landlord to his tenant.

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

the cheque or

the amount

involved In

When instrument does not exceed ten thousand rupees.

When

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

 When

the amount instrument exceeds one lakh rupees.

the cheque or

involved

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

One hundred rupees

Five hundred rupees.

One thousand rupees.

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

Entries to be substituted

Entries Occurring under the heading ―proper fee‖

1.(a) (b)

          (b) 
     (ii)

1-A

3.(a) (b)

10.(a)

 (b) 
(c)

11.(a)

(b)

17.A (a)
```
   (b) 
```

Forty-five paise In case of criminal complaint and appeal, two rupees and twenty-five paise and in other cases one rupee and twenty-paise.

One rupee In case of criminal complaint and appeal, four rupees and in other cases two rupees.

Two rupees and fifty paise Five rupees and fifty paise Eleven rupees Two rupees and twenty paise

Five rupees Eleven rupees Twenty rupees Four rupees

one rupee and sixty-five paise in addition to any fee levied on the application under clause (a), clause (b) or clause (d) of article - 1 of this Schedule.

Three rupees in addition to any fee levied on the application under clause (a), clause (b) or clause (d) of article-1 of this Schedule.

Fifty-five paise One rupee and ten paise Two rupees and twenty paise Fifty naye paise Fifty naye paise Fifty naye paise Fifty naye paise

One rupees Two rupees Four rupees One rupee One rupee One rupee One rupee

Two rupees and twenty-five paise

Four rupees

Three rupees and seventy-five paise Four rupees One rupee Four rupees Ten rupees Five rupees and fifty paise Eleven rupees Fifteen rupees Ten rupees Fifteen rupees if the value for purposes of jurisdicaiton does not exceed four thousand rupees. One hundred rupees if such value exceeds four thousand rupees.

Sixteen rupees and fifty paise Fifteen rupees Thirty-three rupees Thirty rupees

Seven rupees

Eight rupees Two rupees Eight rupees Twenty rupees Ten rupees Twenty-one rupees Thirty rupees Twenty rupees Thirty rupees if the value for purposes of jurisdiction does not exceed four thousand rupees. Two hundred rupees if such value exceeds four thousand rupees. Thirty-two rupees Thirty rupees Sixty-two rupees Sixty rupees

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

Uttar Pradesh

Amendment of Schedule II of Act (7 of 1870).—In Schedule II to the Court-Fees Act, as

amendment in its application to Uttar Pradesh, in Article 1 (Application or Petition), in clause (f), —

(a) in sub-clause (i), for the words ―Five rupees‖ the words ―One hundred rupees‖ shall be

substituted; and

(b) in sub-clause (i), for the words ―Ten rupees‖ the words ―Two hundred rupees‖ shall be

substituted.

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

1870_The_Court_Fees_Act.md 128 KB Bezpośredni odnośnik Historia Czysty

1870_The_Court_Fees_Act.md 128 KB

Bezpośredni odnośnik Historia Czysty