Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com COURT FEES ACT, 1870 7 of 1870 [3rd November, 1870] CONTENTS CHAPTER 1 :- PRELIMINARY 1. Short title 1A. Definition of "appropriate government" 2. "Chief Controlling Revenue Authority" defined CHAPTER 2 :- FEES IN THE HIGH COURTS AND IN THE COURTS OF SMALL CAUSES AT THE PRESIDENCY-TOWNS 3. Levy of fees in High Courts on their original sides 4 . F e e s on documents filed, etc. in High Courts in their extraordinary jurisdiction 5. Procedure in case of difference as to necessity or amount of fee CHAPTER 3 :- FEES IN OTHER COURTS AND IN PUBLIC OFFICES 6 . Fees on documents filed, etc. in Mofussil Courts or in public offices 7. Computation of fees payable in certain suits 8 . Fee on memorandum of appeal against order relating to compensation 9. Power to ascertain net profits or market-value 10. Procedure where net profits or market-value wrongly estimated 11. Procedure in suits for mesne profits or account when amount decreed exceeds amount claimed 12. Decision of questions as to valuation 13. Refund of fee paid on memorandum of appeal 14. Refund of fee on application for review of judgment 15. Refund where Court reverses or modifies its former decision on ground of mistake 16. Refund of fee 16A. Refund of fees on settlement before hearing 17. Multifarious suits 18. Written examinations of complainants 19. Exemption of certain documents CHAPTER 3A :- PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION 19A. Relief where too high a court-fee has been paid 19B. Relief where debts due from a deceased person have been paid out of his estate 19C. Relief in case of several grants 19D. Probates declared valid as to trust property though not covered by court-fee 19E. Provision for case where too low a court-fee has been paid on probates, etc. 19F. Administrator to give proper security before letters stamped under section 19E 19G. Executors, etc. not paying full court-fee on probates, etc. within six months after discovery of under-payment 19H. Notice of applications for probate or letters of administration to be given to Revenue-authorities; and procedure thereon 19I. Payment of court-fees in respect of probates and letters of administration 19J. Recovery of penalties, etc. 19K. Sections 6 and 28 not to apply to probates or letters of administration CHAPTER 4 :- PROCESS FEES 20. Rules as to cost of processes 21. Tables of process fees 22. Number of peons in District and subordinate Courts 23. Number of peons in Revenue Courts 24. Process served under this Chapter to be held to be process within the meaning of Code of Civil Procedure CHAPTER 5 :- OF THE MODE OF LEVYING FEES 25. Collection of fees by stamps 26. Stamps to be impressed or adhesive 27. Rules for supply, number, renewal and keeping accounts of stamps 28. Stamping documents inadvertently received 29. Amended document 30. Cancellation of stamp CHAPTER 6 :- MISCELLANEOUS 31. Repayment of fees paid on applications to Criminal Courts 32. Amendments of Act 8 of 1859 and Act 9 of 1869 33. Admission in criminal cases of documents for which proper fee has not been paid 34. Sale of stamps 35. Power to reduce or remit fees 36. Saving of fees to certain officers of High Courts SCHEDULE 1 :- AD VALOREM FEES SCHEDULE 2 :- FIXED FEES SCHEDULE 3 :- FORM OF VALUATION COURT FEES ACT, 1870 7 of 1870 [3rd November, 1870] CHAPTER 1 PRELIMINARY 1. Short title :- This Act may be called the Court Fees Act, 1870. Extent of Act-It extends to the whole of India except 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. 1A. Definition of "appropriate government" :- In this Act "the appropriate government" means, in relation to fees o r 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. 2. "Chief Controlling Revenue Authority" defined :- [Repealed by AO, 1937] CHAPTER 2 FEES IN THE HIGH COURTS AND IN THE COURTS OF SMALL CAUSES AT THE PRESIDENCY-TOWNS 3. Levy of fees in High Courts on their original sides :- The fees payable for the time being to the clerks and officers (other than the Sheriffs and attorneys) of the 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. 7,12,14,20 and 21 of Schedule II to this Act annexed ; Levy of fees in Presidency Small Causes Courts-and the fees for the time being chargeable in the Courts of Small Causes at the Presidency-towns, and their several offices; shall be collected in manner hereinafter appearing. 4. Fees on documents filed, etc. in High Courts in their extraordinary jurisdiction :- No document of any of the kinds specified in the First or Second Schedule to this Act annexed, as chargeable with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, any of the said High Courts in any case coming before such Court in the exercise of its extraordinary original civil jurisdiction; or in the exercise of its extraordinary original criminal jurisdiction; in their appellate jurisdiction : or in the exercise of its jurisdiction as regards appeals from the [judgments (other than judgements 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. 5. Procedure in case of difference as to necessity or amount of fee :- When any difference arises between the officer whose duty it is to see that any fee is paid under this Chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in any of the said High Courts to be referred to the taxing-officer, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the Chief Justice of such High Court, or of such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf. When any such difference arises in any of the said Courts of Small Causes, the question shall be referred to the Clerk of the Court, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the first Judge of such Court. The Chief Justice shall declare who shall be taxing-officer within the meaning of the first paragraph of this section. CHAPTER 3 FEES IN OTHER COURTS AND IN PUBLIC OFFICES 6. Fees on documents filed, etc. in Mofussil Courts or in public offices :- Except in the Courts hereinbefore mentioned, no document of any of the kinds specified as chargeable in the First or Second Schedule to this Act annexed shall be filed, exhibited or recorded in any Court of Justice, or shall be received or furnished by any public officer, unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document. 7. Computation of fees payable in certain suits :- T h e amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows: (i) for money-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; (ii) for maintenance and annuities-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; (iii) for other movable property having a market-value-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- (a) for movable property of no market-value-for movable property where the subject-matter has no market-value, as, for instance, in the case of documents relating to title, (b) to enforce a right to share in joint family property-to enforce the right to share in any property on the ground that it is joint family property, (c) for a declaratory decree and consequential relief-to obtain a declaratory decree or order where consequential relief is prayed, (d) for an injunction-to obtain an injunction, (e) for easements-for a right to some benefit (not herein otherwise pro- vided for) to arise out of land, and (f) for accounts-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 sought. (v) for possession of land, houses and gardens-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 Collectors register as separately assessed with such revenue, and such revenue is permanently settled-ten times the revenue so payable; (b) where the land forms an entire estate, or a definite share of an estate, paying annual revenue to government, or forms part of such estate and is recorded as aforesaid; and such revenue is settled, but not permanently- five times the revenue so payable; (c) where the land pays no such revenue, or has been partially exempted from such payment, or is charged with any fixed payment in lieu of such revenue, and net profits have arisen from the land during the year next before the date of presenting the plaint- fifteen times such net profits; but where no such net 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 territories subject to the 1 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 settle- ment 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; (e) for houses and gardens-where the subject-matter is a house or garden according to the market-value of the house or garden; (vi) to enforce a right of pre-emption-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; (vii) for interest of assignee of land-revenue-In suits for the interest of an assignee of land-revenue-fifteen times his net profits as such for the year next before the date of presenting the plaint; (viii) to set aside an attachment-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; (ix) to redeem-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; (x) for specific performance-In suits for specific performance- (a) of a contract of sale-according to the amount of the consideration; (b) of a contract of mortgage-according to the amount agreed to be secured; (c) of a contract of lease-according to the aggregate amount of the fine or premium (if any) and of the rent agreed to be paid during the first year of the term; (d) of an award-according to the amount or value of the property in dispute; (xi) between landlord and tenant-In the following suits between landlord and tenant:- (a) for the delivery by a tenant of the counterpart of lease, (b) to enhance the rent of a tenant having a right of occupancy, (c) for the delivery by a landlord of a lease, (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 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 immovable property to which the suit refers, payable for the year next before the date of presenting the plaint. 1. See paragraph 8 of the AO 1937. In view of this provision of the expression "Governor of Bombay in Council" has been left unmodified. 8. Fee on memorandum of appeal against order relating to compensation :- The amount of fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for t h e time being in force for the acquisition of land for public purposes, shall be computed according to the difference between the amount awarded and the amount claimed by the appellant. 9. Power to ascertain net profits or market-value :- If the Court sees reason to think that the annual net profits or the market-value of any such land, house or garden as is mentioned in section 7 , paragraphs (v) and (vi), have or has been wrongly estimated, the court may, for the purpose of computing the fee payable in any suit therein mentioned, issue a commission to any proper person directing him to make such local or other investigation as may be necessary, and to report thereon to the Court. 10. Procedure where net profits or market-value wrongly estimated :- (i) If in the result of any such investigation, the Court finds that t h e net profits or market-value have or has been wrongly estimated, the Court, if the estimation has been excessive, may in its discretion refund the excess paid as such fee : but, if the estimation has been insufficient, the Court shall require the plaintiff to pay so much additional fee as would have been payable had the said market-value or net 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. 11. Procedure in suits for mesne profits or account when amount decreed exceeds amount claimed :- In suits for mesne profits or for immovable property and mesne profits, or for an account, if the profits, or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff valued the relief sought, the decree shall not be executed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount so decreed shall have been paid to the proper officer. Where the amount of mesne profits is left to be ascertained in the course of the execution of the decree, if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be stayed until the difference between the fee actually paid and the fee which would have been payable had 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. 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. 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 Code of Civil Procedure, 1908 , is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in section 351 of the same Code, for a second decision by the lower Court, the Appellate Court shall grant to the appellant a certificate, authorizing him to receive back from the Collector the full amount of fee paid on the memorandum of appeal: PROVIDED that, if, in the case of a remand in appeal, the order of remand shall not cover the whole of the subject-matter of the suit, the certificate so granted shall not authorise the appellant to receive back more than so much fee as would have been originally payable on the part or parts of such subject-matter in respect whereof the suit has been remanded. 14. Refund of fee on application for review of judgment :- Where an application 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 applicants 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 such day. 15. Refund where Court reverses or modifies its former decision on ground of mistake :- Where an application for a review of judgment is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee payable on any other application to such Court under Schedule II 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. 16. Refund of fee :- 1 Where the court refers the parties to the suit to any one of the mode of settlement of dispute referred to in Section 89 of the Code of Civil Procedure, 1908 , the plaintiff shall be entitled to a certificate from the court authorising him to receive back from the collector, the full amount of the fee paid in respect of such plaint. 1. Inserted by the Code of Civil Procedure (Amendment) Act 46 of 1999, dt. 30-12-1999. 16A. Refund of fees on settlement before hearing :- Whenever by agreement of parties- (i) any suit is dismissed as settled out of Court before any evidence has been recorded on the merits of the claim; Or (ii) any suit is compromised ending in a compromise decree before any evidence has been recorded on the merits of the claim; or (iii) any appeal is dispoSed of before the commencement of hearing of such appeal; half the amount of all fees paid in respect of the claim or claims in the suit or appeal shall be ordered by the Court to be refunded to the parties by whom the same have been respectively paid. Explanation.- :The expression "merits of the claim" refers to matters which arise for determination in the suit not being matters relating to the frame of the suit, misjoinder of parties and cause of action. the jurisdiction of the Court to entertain or try the suit or the fee payable, but includes matters arising on pleas of res judicata, limitation and the like. 17. Multifarious suits :- Where a suit embraces two or more distinct subjects, the plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees to which the plaints or memoranda of appeal in suits embracing separately each of such subjects would be liable under this Act. Nothing in the former part of this section shall be deemed to affect the power conferred by Section 9 of the Code of Civil Procedure, 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 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. 19. Exemption of certain documents :- Nothing contained in this Act shall render the following documents chargeable with any fee- (i) Power-of-attorney to institute or defend a suit when executed by a member of any of the Armed Forces of the Union not in civil employment. (ii) [Repealed by Act 12 of 1891] (iii) Written statements called for by the Court after the first hearing of a suit. (iv) [Repealed by Act 13 of 1889] (v) Plaints in suit tried by 1Village Munsifs in the Presidency of Fort St. George. (vi) Plaints and processes in suits before district panchayats in the same Presidency. (vii) Plaints in suits before Collectors under Madras Regulation XII of 1816. (viii) Probate of a will, letters of administration, and, save as regards debts and securities, a certificate under Bombay Regulation VIII 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. (xi) Application for leave to extend to 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 Heads of Villages or the Village 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, 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 2Act 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 acquisition of property for public purposes. (xxiii) Petitions presented to the Special Commissioner appointed under 3 Bengal Act 2 of 1869 (to ascertain, regulate and record certain tenures in Chota Nagpur). (xxiv) Petitions under the Christian Marriage Act, 1872 , sections 45 and Section 48 of the Indian Christian Marriage Act, 1872 . 1. See the Madras Village Courts Act, 1889 (Madras Act 1 of 1889). 2. The Bengal Chaukidari Act, 1856. 3. The Chota Nagpur Tenures Act, 1869. CHAPTER 3A 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 for the local area in which the probate or letters has or have been granted, and delivers to such authority a particular inventory and valuation of the property of the deceased, verified by affidavit or affirmation, and if such authority is satisfied that a greater fee was paid on the probate or letters than the law required, the said authority may- (a) cancel the stamp on the probate or letters, if such stamp has not been already cancelled; ( b ) substitute another stamp for denoting the court-fee which should have been paid thereon; and (c) make an allowance for the difference between them as in the case of spoiled stamps, or repay the same in money, at his discretion. 19B. Relief where debts due from a deceased person have been paid out of his estate :- Whenever it is proved to the satisfaction of such authority that an executor or administrator has paid debts due from the deceased to such an amount as, being deducted out of the amount or value of the estate, reduces the same to a sum which, if it had been the whole gross amount or value of the estate, would have occasioned a less court-fee to be paid on the probate or letters of administration granted in respect of such estate than has been actually paid thereon under this Act, such authority may return the difference, provided the same be claimed within three years after the date of such probate or letters. But when, by reason of any legal proceeding, the debts due from the deceased have not been ascertained and paid, or his effects have not been recovered and made available, and in consequence thereof the executor or administrator is prevented from claiming the return of such difference within the said term of three years, the said authority may allow such further time for making the claim as may appear to be reasonable under the circumstances. 19C. Relief in case of several grants :- Whenever 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 said 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 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 for the local area in which the probate or letters has or have been granted, may, on the value of the estate of the deceased being verified by affidavit or affirmation, cause the probate or letters of administration to be duly stamped on payment of the full court-fee which ought to have been originally paid thereon inrespect of such value and of the further penalty, if the probate or letters is or are produced within one year from the date of the grant, of five times, or, if it or they is or are produced after one year from such date, of twenty times, such proper court-fee, without any deduction of the court-fee originally paid on such probate or letters: PROVIDED that, if the application be made within six months after the ascertainment of the true value of the estate and the discovery that too low a court-fee was at first paid on the probate or letters, and if the said authority is satisfied that such fee was paid in consequence of a mistake or of its not being known at the time that 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. 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 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 rupees per cent, on the amount of the sum wanting to make up the proper court-fee. 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 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 underestimated 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: 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 1 S.277 of the Indian Succession Act, 1865, or, as the case may be, by S.98 of the Probate and Administration Act, 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 authorised 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 authorized 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). 1. See now the Provincial Small Causes Courts Act, 1887 (9 of 1887). 19I. Payment of court-fees in respect of probates and letters of administration :- (1) No order entitling the petitioner to the grant of probate or letters of administration shall be made upon an application for such grant until the petitioner has filed in the court a valuation of the property in the form set forth in Schedule III, and the court is satisfied that the fee mentioned in No. 11 of Schedule I 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). 19J. Recovery of penalties, etc. :- (1) Any excess fee found to be payable on an 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. (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. 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 4 PROCESS FEES 20. Rules as to cost of processes :- The High Court shall, as soon as may be, make rules as to the following matters:- (i) the fees chargeable for serving and executing processes issued by such Court in its appellate jurisdiction and by the other Civil and Revenue Courts established within the local limits of such jurisdiction; (ii) the fees chargeable for serving and executing processes issued by the Criminal Courts established within such limits in the case of offences other than offences for which police-officers may arrest without a warrant; and (iii) the remuneration of the peons and all other persons employed by leave of a Court in the service or execution of processes. The High Court may from time to time alter and add to the rules so made. Confirmation and publication of rules-All such rules, alterations and additions shall, after being confirmed by the State Government be published in the Official Gazette, and shall thereupon have the force of law. Until such rules shall be so made and published, the fees now leviable for serving and executing processes shall continue to be levied, and shall be deemed to be fees leviable under this Act. 21. Tables of process fees :- A table in the English and vernacular languages, showing the fees chargeable for such service and execution, shall be exposed to view in a conspicuous part of each court. 22. Number of peons in District and subordinate Courts :- Subject to rules to be made by the High Court and approved by the State Government, 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 Mofussil Small Causes Courts-And for the purposes of this section, every Court of Small Causes established under 1 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) shall be deemed to be subordinate to the Court of the District Judge. 1. See now the Provincial Small Causes Courts Act, 1887 (9 of 1887). 23. Number of peons in Revenue Courts :- Subject to rules to be framed by the Chief Controlling Revenue Authority and approved by the State Government, every officer performing the functions of a Collector of a District shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued out of his Court or the Courts subordinate to him. 24. Process served under this Chapter to be held to be process within the meaning of Code of Civil Procedure :- [Repealed by the Amending Act, 1891, s. 2 and Sch. 1] CHAPTER 5 OF THE MODE OF LEVYING FEES 25. Collection of fees by stamps :- All fees referred to in section 3 or chargeable under this Act shall be collected by stamps. 26. Stamps to be impressed or adhesive :- The stamps used to denote any fees chargeable under this Act shall be impressed or adhesive, or partly impressed and partly adhesive, as the appropriate government may, by notification in the Official Gazette, from time to time direct. 27. Rules for supply, number, renewal and keeping accounts of stamps :- The 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. 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. 29. Amended document :- Where any such document is amended in order merely to correct a mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose a fresh stamp. 30. Cancellation of stamp :- No document requiring a stamp under this Act shall be filed or acted upon in any proceeding in any Court or office until the stamp has been cancelled. Such officer as the Court or the head of the office may from time to time appoint shall, on receiving any such document, forthwith effect such cancellation by punching out the figure-head so as to leave the amount designated on the stamp untouched, and the part removed by punching shall be burnt or otherwise destroyed. CHAPTER 6 MISCELLANEOUS 31. Repayment of fees paid on applications to Criminal Courts :- [Repealed by the Code of Criminal Procedure (Amendment) Act, 1923] 32. Amendments of Act 8 of 1859 and Act 9 of 1869 :- [Repealed by the Amending: Act, 1891, s. 2 and Sch. 1] 33. Admission in criminal cases of documents for which proper fee has not been paid :- Whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee has not been paid is, in the opinion of the presiding Judge, necessary to prevent a failure of justice, nothing contained in section 4 or section 6 shall be deemed to prohibit such filing or exhibition. 34. Sale of stamps :- (1) The appropriate government may from time to time make rules for regulating the sale of stamps to be used under this Act, the person by whom alone such sale is to be conducted, and the duties and remuneration of such persons. (2) All such rules shall be published in the Official Gazette, and shall thereupon have the force of law. (3) Any person appointed to sell stamps who disobeys any rule made under this section, and any person not so appointed who sells or offers for sale any stamp, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. 35. Power to reduce or remit fees :- The appropriate government may, from time to time by notification in the Official Gazette, reduce or remit, in the whole or in any part of the territories under its administration, all or any of the fees mentioned in the First and Second Schedules to this Act annexed, and may in like manner cancel or vary such order. 36. Saving of fees to certain officers of High Courts :- Nothing in Chapters II and V of this Act applies to the commission payable to the Accountant General of the High Court at Fort William, or to the fees which any officer of a High Court is allowed to receive in addition to a fixed salary. SCHEDULE 1 AD VALOREM FEES SCHEDULE 1 AD VALOREM FEES Number Proper fee 1. [Plaint written statement pleading a set- off or counter claim or memorandum of appeal not otherwise provided for in this Act or cross- objection 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 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, Six annas When such amount or value exceeds one hundred rupees ,but does not exceeds five hundred rupees , for every ten rupees or part thereof in excess of one hundred rupees or part thereof in excess upto five hundred rupees. Twelve annas When such amount or value exceeds five hundred rupees , for every ten rupees or part there of , 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 upto five thousand Seven rupees eight annas 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 Fifteen rupees When such amount or value exceeds ten thousand rupees , for every five hundred rupees Twenty two rupees eight annas or part thereof , in excess of ten thousand rupees up to twenty thousand. 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. Thirty 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. Thirty rupees 2. Plaint { the words or memorandum of appeal were repealed by the Court fees ( Amendment ) Act, 1870 ( 20 of 1870} in a suit for possession under [the specific relief Act, 1877, section 9] A fee of one half the amount in the foregoing scale 3. [Repealed by Act VIII of 1871} 4. Application for review of judgement , if presentation or after the ninetieth day from the date of the decree . The fee leviable on the plaint or memorandum of appeal 5. Application for review of judgement , if presentation or after the ninetieth day from the date of the decree One half of the fee leviable on the plaint or memorandum of appeal When such judgement 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 Four annas 6. copy or translation of judgement or order not being or having the force of a decree. Executive Authority (a) if any amount or value of the subject matter is fifty or less than fifty rupees (b) if such amount or value exceeds fifty rupees Eight annas when such judgement or order is passed by a High Court. One rupee 7. copy of a decree or order having the force of a decree. When such decree or order is made by any Civil Court other then 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. Eight annas b. If such amount or value exceeds Fifty rupees One rupee When such decree or order is made by a High Court. Four rupees 8. copy of any document liable to stamp duty under the Indian Stamp Act, 1879 . when left by any party to a suit or proceeding in place of the original withdraw. { 1 of 1879} 9. when the stamp duty chargeable on the original does not exceed eight annas The amount of the duty chargeable on the original 10. in any other case Eight annas 9. copy of any revenue or judicial proceeding or order not otherwise provided for by this Act , or copy of any account, statement , report or the like, taken out of any Civil or criminal or revenue Court or office, or from the office of any chief officer charged with the executive administration of a Division . for every three hundred and sixty words or fraction of three hundred and sixty words Eight annas 10. 1[Repealed by the Guardians and wards Act, 1890 ( VIII of 1890) 11 . probate of a will or letters of administration with or without will annexed 11. When the amount or value of the property in respect of which the grant of probate or letters is made exceeds one thousand rupees, but does not exceeds ten thousand rupees. Two per centum on such amount or value When such amount or value exceeds ten thousand rupees , but does not exceeds fifty thousand rupees . Two and one half per centum on such amount or value 11. 12. When such amount or value exceeds fifty thousand rupees Three per centum on such amount or value 13. Provided that when after the grant of a certificate under the Succession Certificate Act, 1889 , or any enactment repealed by that Act, or under the Regulation of the Bombay code no. VIII 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. 14. 12. certificate under succession certificateAct , 1889 In any case Two percentum on the amount 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 , including interest on the day on which the inclusion of the debt in the certificate is applied for so far as such amount can be ascertained (1) (2) Whether or not any power with respect of a security specified in a certificate has been conferred under the Act and where such a power has been so conferred. Whether the power is for receiving of interest or dividends on , or for the negotiation or transfer of the security , or for both purposes, the value of the security is its market value on the day on which the inclusion of the security in the certificate is applied for , so far as such value can be ascertained . 12-A [a9] certificate under the Regulation of the Bombay Code No. VIII of 1827 (1) As regards debts and securities the same fee as would be payable in respect of a certificate under the succession Certificate Act, 1889 or in respect of an extension of such a certificate as the case may be . (2) (2) as regards other property in respect of which the certificate is granted when the amount or value of such property two per centum on such amount or value. exceeds one thousand rupees, but does not exceed ten thousand rupees. 15. When such amount or value exceeds ten thousand rupees, but does not exceeds fifty thousand rupees Two and one-half per centum on such amount or value 16. When such amount or value exceeds fifty thousand rupees, Three per centum on such amount or value 14. 13[a11] application to the High Court of Judicature of Lahore for the exercise of its jurisdiction under section 44 of the Punjab Courts Act, 1918, or to the court of the Financial Commissioner of the Punjab for the exercise of its revisional jurisdiction under section 84 of the Punjab Tenancy Act, 1887. When the amount or value of the subject matter in dispute does not exceeds Twenty five rupees Two rupees When such amount or value exceeds twenty five rupees The fee leviable on a memorandum of appeal 14. Application to the High court of Judicature at Rangoon for the exercise of its revisional jurisdiction under section[a12] 622 of the code of civil Procedure or section 25 of the Provincial Small causes Courts act, 1887 { XIV of 1882 and IX of 1887} When the amount or value of the subject matter in dispute does not exceeds Twenty five rupees Two rupees When the amount or value of the subject matter in dispute does not exceeds Twenty five rupees The fee leviable on a memorandum of appeal 15. ( Repealed by schedule I of Act XI of 1923) When the such amount or value exceeds twenty five rupees The fee leviable on a memorandum of appeal SCHEDULE-I TALE OF RATES OF AD VALOREM FEES LEVIABLE ON THE INSTITUTION OF SUITS When the amount or value of the sub- matter exceeds But does not exceed Proper fee When the amount or value of the sub- matter exceeds But does not exceed Proper fee Rs Rs. Rs. A. P. Rs. Rs. Rs. A. P. 5 0 6 0 90 95 7 2 0 5 10 0 12 0 95 100 7 8 0 10 15 1 2 0 100 110 8 4 0 15 20 1 8 0 110 120 9 0 0 20 25 1 14 0 120 130 9 12 0 25 30 2 4 0 130 140 10 8 0 30 35 2 10 0 140 150 11 4 0 35 40 3 0 0 150 160 12 0 0 40 45 3 6 0 160 170 13 8 0 45 50 3 12 0 170 180 14 4 0 50 55 4 2 0 180 190 15 0 0 55 60 4 8 0 190 200 15 12 0 60 65 4 14 0 200 210 16 8 0 65 70 5 4 0 210 220 17 4 0 70 75 5 10 0 220 230 18 0 0 75 80 6 0 0 230 240 18 12 0 80 85 6 6 0 240 250 19 8 0 85 90 6 12 0 250 260 SCHEDULE-I TALE OF RATES OF AD VALOREM FEES LEVIABLE ON THE INSTITUTION OF SUITS When the amount or value of the sub- matter exceeds But does not exceed Proper fee When the amount or value of the sub- matter exceeds But does not exceed Proper fee Rs Rs. Rs. A. P. Rs. Rs. Rs. A. P. 260 270 20 4 0 470 480 36 0 0 270 280 21 0 0 480 490 36 12 0 280 290 21 12 0 490 500 37 8 0 290 300 22 8 0 500 510 57 6 0 300 310 23 4 0 510 520 58 8 0 310 320 24 0 0 520 530 59 10 0 320 330 24 12 0 530 540 60 12 0 330 340 25 8 0 540 550 61 14 0 340 350 26 4 0 550 560 63 0 0 350 360 27 0 0 560 570 64 2 0 360 370 27 12 0 570 580 65 4 0 370 380 28 8 0 580 590 66 6 0 380 390 29 4 0 590 600 67 8 0 390 400 30 0 0 600 610 68 10 0 400 410 30 12 0 610 620 69 12 0 410 420 31 8 0 620 630 70 14 0 420 430 32 4 0 630 640 72 0 0 430 440 33 0 0 640 650 73 2 0 430 440 33 0 0 640 650 73 2 0 440 450 33 12 0 650 660 74 4 0 450 460 34 8 0 660 670 75 6 0 460 470 35 4 0 670 680 76 8 0 680 690 77 10 0 890 900 101 4 0 690 700 78 12 0 900 910 102 6 0 700 710 79 14 0 910 920 103 8 0 710 720 81 0 0 920 930 104 10 0 720 730 82 2 0 930 940 105 12 0 730 740 83 4 0 940 950 106 14 0 740 750 84 6 0 950 960 108 0 0 750 760 85 8 0 960 970 109 2 0 760 770 86 10 0 970 980 110 4 0 770 780 87 12 0 980 990 111 6 0 780 790 88 14 0 990 1000 112 8 0 790 800 90 0 0 1000 1100 120 0 0 800 810 91 2 0 1100 1200 127 8 0 810 820 92 4 0 1200 1300 135 0 0 . 820 830 93 6 0 1300 1400 142 8 0 830 840 94 8 0 1400 1500 150 0 0 840 850 95 10 0 1500 1600 157 8 0 850 860 96 12 0 1600 1700 165 0 0 860 870 97 14 0 1700 1800 172 8 0 870 880 99 0 0 1800 1900 180 0 0 880 890 100 2 0 1900 2000 187 8 0 2000 2100 195 0 0 4100 4200 352 8 0 2100 2200 202 8 0 4200 4300 360 0 0 2200 2300 210 0 0 4300 4400 367 8 0 2300 2400 217 8 0 4400 4500 375 0 0 2400 2500 225 0 0 4500 4600 382 8 0 2500 2600 232 8 0 4600 4700 390 0 0 2600 2700 240 0 0 4700 4800 397 8 0 2700 2800 247 8 0 4800 4900 405 0 0 2800 2900 255 0 0 4900 5000 412 8 0 2900 3000 262 8 0 5000 5250 427 8 0 3000 3100 270 0 0 5250 5500 442 8 0 3000 3100 270 0 0 5250 5500 442 8 0 3100 3200 277 8 0 5500 5750 457 8 0 3200 3300 285 0 0 5750 6000 472 8 0 3300 3400 292 8 0 6000 6250 487 8 0 3400 3500 300 0 0 6250 6500 502 8 0 3500 3600 307 8 0 6500 6750 517 8 0 3600 3700 315 0 0 6750 7000 532 8 0 3700 3800 322 8 0 7000 7250 547 8 0 3800 3900 330 0 0 7250 7500 562 8 0 3900 4000 337 8 0 7500 7750 577 8 0 4000 4100 345 0 0 7750 8000 592 8 0 8000 8250 607 8 0 16000 16500 1005 0 0 8250 8500 622 8 0 16500 17000 1027 8 0 8500 8750 637 8 0 17000 17500 1050 0 0 8750 9000 652 8 0 17500 18000 1072 8 0 9000 9250 667 8 0 18000 18500 1095 0 0 9250 9500 682 8 0 18500 19000 1117 8 0 9500 9750 697 8 0 19000 19500 1140 0 0 9750 10000 712 8 0 19500 20000 1162 8 0 10000 10500 735 0 0 20000 21000 1192 8 0 10500 11000 757 8 0 21000 22000 1222 8 0 11000 11500 780 0 0 22000 23000 1252 8 0 11500 12000 802 8 0 23000 24000 1282 8 0 12000 12500 825 0 0 24000 25000 1312 8 0 12500 13000 847 8 0 25000 26000 1342 8 0 13000 13500 870 0 0 26000 27000 1372 8 0 13500 14000 892 8 0 27000 28000 1402 8 0 14000 14500 915 0 0 28000 29000 1432 8 0 14500 15000 937 8 0 29000 30000 1462 8 0 15000 15500 960 0 0 30000 32000 1492 8 0 15500 16000 982 8 0 32000 34000 1522 8 0 34000 36000 1552 8 0 115000 120000 2182 8 0 36000 38000 1582 8 0 120000 125000 2212 8 0 38000 40000 1612 8 0 125000 130000 2242 8 0 40000 42000 1642 8 0 130000 135000 2272 8 0 42000 44000 1672 8 0 135000 140000 2302 8 0 44000 46000 1702 8 0 140000 145000 2332 8 0 46000 48000 1732 8 0 145000 150000 2362 8 0 48000 50000 1762 8 0 150000 155000 2392 8 0 50000 55000 1792 8 0 155000 160000 2422 8 0 55000 60000 1822 8 0 160000 165000 2452 8 0 60000 65000 1852 8 0 165000 170000 2482 8 0 65000 70000 1882 8 0 170000 175000 2512 8 0 70000 75000 1912 8 0 175000 180000 2542 8 0 75000 80000 1942 8 0 180000 185000 2572 8 0 80000 85000 1972 8 0 185000 190000 2602 8 0 85000 90000 2002 8 0 190000 195000 2632 8 0 90000 95000 2032 8 0 195000 200000 2662 8 0 95000 100000 2062 8 0 200000 205000 2692 8 0 100000 105000 2092 8 0 205000 210000 2722 8 0 105000 110000 2122 8 0 210000 215000 2752 8 0 110000 115000 2152 8 0 215000 220000 2782 8 0 220000 225000 2812 8 0 320000 325000 3412 8 0 225000 230000 2842 8 0 325000 330000 3442 8 0 225000 230000 2842 8 0 325000 330000 3442 8 0 230000 235000 2872 8 0 330000 335000 3472 8 0 235000 240000 2902 8 0 335000 340000 3502 8 0 2400000 245000 2932 8 0 340000 345000 3532 8 0 245000 250000 2962 8 0 345000 350000 3562 8 0 250000 255000 2992 8 0 350000 355000 3592 8 0 255000 260000 3022 8 0 355000 360000 3622 8 0 260000 265000 3052 8 0 360000 365000 3652 8 0 265000 270000 3082 8 0 365000 370000 3682 8 0 270000 275000 3112 8 0 370000 375000 3712 8 0 275000 280000 3142 8 0 375000 380000 3742 8 0 280000 285000 3172 8 0 380000 385000 3772 8 0 285000 290000 3202 8 0 385000 390000 3802 8 0 290000 295000 3232 8 0 390000 395000 3832 8 0 295000 300000 3262 8 0 395000 400000 3862 8 0 300000 305000 3292 8 0 And when the amount or value of the subject matter exceeds Rs. 400000 ( Rs. Four lacs) the proper fee leviable shall be Rs. 3862 annas 8 plus Rs. 30 for each five thousand Rs. Or part thereof in excess of Rs. 400000(four lacs) 305000 310000 3322 8 0 310000 315000 3352 8 0 315000 320000 3382 8 0 SCHEDULE 2 FIXED FEES Number Proper Fee. 1. Application or petition . (a) (a) when presented to any officer of the Customs or Excise Department or to any Magistrate by any person having dealings with the Government , and when the subject matter of such application relates exclusively to those dealings; or When presented to any officer of land revenue by any person holding temporarily settled under direct engagement with Government and when the subject matter of the application or petition relates exclusively to such engagement; or when presented to any Municipal commissioner under any Act for the time being force the conservancy or improvement of any place, if the application or petition relates solely to such conservancy or improvement; or when presented to any civil court other than a principal Civil Courts of small causes constituted under ActNo. XI of 1865 or under ActNO XVI of 1868 section 20, or to a collector or other officer of revenue in relation to any suit or case in which the amount or value of the subject matter is less than fifty rupees ; New Clause Or when presented to any [Two annas} civil criminal or Revenue Court , or to any Board or executive officer for the purpose of obtaining a copy or translation of any judgement , decree or order passed by such court, Board or officer, or of any other document on record in such court or office. (b) (b) when containing a complaint or charge of any offence other than an offence for which police officers may, under the Criminal Procedure code , arrest without warrant , an presented to any criminal Court.; or when presented to civil , criminal court or to any collector , or any Revenue officer having jurisdiction equal or subordinate to a collector , or to any magistrate in his executive capacity, and not otherwise provided for by this Act; or to deposit in court revenue or rent ; or for determination by Court of the amount of compensation to be paid by landlord to his tenant . (c) (c) when presented to a chief commissioner or other Chief controlling revenue or Executive Authority , or to a commissioner of Revenue or circuit , or to any chef officer charged with the executive [Two annas} administration of a Division and not otherwise provided for by this Act. [(d) when presented to High Court (i) (i) under the Indian Companies Act, 1913 for winding up a company. (ii) (ii) Under the same Act for taking some other judicial action (iii) (iii) in all other cases (a) (a) when presented to District Court. (b) (b) When presented to a commissioner or a High Court. [one rupee] [one rupee] [one rupee] When presented for the conduct of any one case (a) (a) to any civil or Criminal Court other than a High court, or to any Revenue court, or to any collector or Magistrate or other executive officer , except such as are mentioned in clause(b) and (c) of this number. (b) (b) To a commissioner of Revenue , circuit or custom officer charged with the executive administration of a Division not being the chief revenue or executive authority. (c) (c) To a High court , Chief commissioner , Board of Revenue , or other Chief Controlling Revenue or Executive Authority. (a) (a) to any civil Court other than a high court , or to [one rupee] One hundred rupees 2. Application for leave to sue as a partner 3. Application for leave to appeal as a pauper 4. plaint or memorandum of appeal in a suit to obtain possession under Act, No. XVI of 1838 , or the Mamlatdars Courts Act, 1876 5. Plaint or memorandum of appeal in a suit to establish or disprove a right or disprove a right of occupancy 6. [Bail-bond or other instrument of obligation given in pursuance of an order made by a court or Magistrate under any section of the code of Criminal Procedure , 1898, or the code of Civil Procedure, 1908, and not otherwise provided for by this Act] { V of 1898 , V of 1908} any revenue court or Executive officer other than the High court or chief controlling revenue Executive Authority. (b) (b) To a High court or Chief commissioner or other chief controlling Executive or Revenue Authority . Five rupees Two rupees Eight annas One rupee Two rupees [one rupee] { Bom. III of 7. under taking under section 49 of the Indian Divorce Act. { IV of 1859} 8. [ Rep. by the Repealing and Amending Act 1891 ( XII of 1891)] 9. ( Rep. by Act XII of 1891] 10. Mukhtarnama or wakaltnama. 1876} Eight annas [one rupee] 11. Memorandum of appeal when the appeal is not { the words from an order rejecting a plaint or were omitted by s. 155( Sch. 4) of the code of Civil Procedure , 1908 ( 5 of 1908) form a decree or an order having the force of a decree, and is presented-- [one rupee] One rupee 12. Caveat. 13. Application under Act. No. X of 1859, section 26 , or Bengal Act No VI of 1862, section 9 or Act, No. VIII of 1869, section 37 14. petition in a suit under the Native Converts Marriage Dissolution Act, 1866{ XXI of 1866} 15. [ Rep by Act V of 1908] 16. Rep. by Act VI of 1889, s. 18 (I) 17. Plaint or memorandum of appeal in each of the following suits:- (i) (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) (ii) to alter or cancel any entry in a register of names of Two rupee One rupee proprietors of revenue paying estates; (iii) (iii) to obtain a declaration decree where no consequential relief is prayed ; (iv) (iv) to set aside an award ; (v) (v) to set aside an adoption ; (vi) (vi) every other suit where it is not possible to estimate at a money-value the subject matter in dispute, and which is not otherwise provided for by this Act 18. 18. Application under section 523 of the Code of Civil Procedure [19 Agreement in writing stating a question for the opinion of the Court the code of Civil procedure , 1908] 20. Every petition under the Indian Divorce Act, except petitions under section 44 of the same Act, and every memorandum of appeal under section 55 of the same Act. 21. Plaint or memorandum of appeal under the Parsi Marriage and Divorce Act, Four rupees Five rupees Five rupees 1865 22. Plaint or memorandum of appeal in a suit by a reversioner under the Punjab Customary Law for a declaration in respect of an alienation of ancestral land Ten rupees Ten rupees { XIV of 1882} { V of 1908} {IV of 1869} Twenty rupees { XV of 1865} SCHEDULE 3 FORM OF VALUATION SCHEDULE III ( See section 19-I) FORM OF VALUATION ( TO BE USED WITH SUCH MODIFICATIONS. IF ANY, AS MAY BE NECESSARY) In the Court of......................................................... Re Probate of the Will of............................... (or administration of the ..................... Property and c r e d i t s of.............................,) deceased. 1.I............................................................ solemnly affirm/make oath and say that I am the executor (or one of the executors or one of the next-of-kin) of ..................................... deceased, and that I have truly set forth in Annexure A to this affidavit all the property and credits of which the above named deceased died possessed or was entitled to at the time of his death, and which have come, or are likely to come, to my hands. 2.I further say that I have also truly set forth in Annexure B all the items I am by law allowed to deduct. 3.I further say that the said assets, exclusive only of such last mentioned items, but inclusive of all rents, interest, dividends and increased values since the date of the death of the said deceased, are under the value of.