The Court-Fees Act, 1870

[11th March, 1870.]

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

Extent of Act. -- It extends to the whole of India except ¹[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.

¹. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for Part B States.

¹[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.]

¹. Ins. by the A.O. 1937.

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 ⁴ presidency-towns, and their several offices;

shall be collected in manner hereinafter appearing.

¹. Subs by the A.O.1950, for "the Courts which are High Courts for the purposes of the Government of India Act, 1935".

². Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "High Courts for Part A States".

³. The number "16" rep. by Act 12 of 1891.

⁴. See the Presidency Small Cause Courts Act, 1882 (15 of 1882), Ch. X.

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 ¹[judgments (other than judgments passed in the exercise of the ordinary original civil jurisdiction of the Court) of one] or more Judges of the said Court, or of a Division Court;

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

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

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

STATE AMENDMENT

Uttar Pradesh

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

[Vide Uttar Pradesh Act X of 1959, s. 2]

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

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

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

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

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

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

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

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

¹. Subs. by Act 19 of 1922, s. 2, for "judgment of two".

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

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

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

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.

STATE AMENDMENT

Orissa

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

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

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

STATE AMENDMENT

Uttar Pradesh

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

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

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

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

Amendment of section 6-A.--In section 6-A of the principal Act, in sub-section (3), for the words "Chief Inspector of Stamps", the words "Commissioners of Stamps" shall be substituted.

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

Amendment of section 6-B.--In section 6-B of the principal Act, in sub-section (1), for the words "Chief Inspector of Stamps", the words "Commissioner of Stamps" shall be substituted.

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

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 periodicallyaccording 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-valueaccording 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 subjectmatter 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 sought ¹***:

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

where the subject-matter is land, and--

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

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

and such revenue is permanently settled--

ten times the revenue so payable:

(b) where the land forms an entire estate, or a definite share of an estate, paying annual revenue to Government, or forms part of such estate and is recorded as aforesaid;

and such revenue is settled, but not permanently---

five times the revenue so payable:

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

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

fifteen times such nett profits:

but where no such nett profits have arisen therefromthe 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-mentionedthe market-value of the land:

Proviso as to Bombay Presidency.--Provided that, in the ²territories 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 Governmenta 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 Governmenta sum equal to ten times the survey-assessment; and

(3) where the whole or any part of the annual survey-assessment is remitteda 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 revenuefifteen 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 revenueaccording to the amount for which the land or interest was attached:

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

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

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

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

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

(a) of a contract of saleaccording to the amount of the consideration :

(b) of a contract of mortgageaccording to the amount agreed to be secured :

(c) of a contract of leaseaccording 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 awardaccording 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,

³[(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 ⁴[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 ⁴[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,

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]

Haryana

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

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

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

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

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

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

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

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

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

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

(b) where the subject matter is house or garden, according to its market value ;". [Vide Haryana Act 11 of 1974, s. 2]

Haryana

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

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

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

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

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

(b) where the subject matter is house, garden, or land situated within municipal limits or Abadi Deh whether under cultivation or not, according to its market value ; ",

[Vide Haryana Act 22 of 1974, s. 2]

¹. 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.

². See para.8 of the A.O. 1937. In view of this provision the expression Governor of Bombay in Council has been left unmodified.

³. Ins. by Act 6 of 1905, s. 2.

⁴. Subs. by s. 2, ibid., for land

The amount of fee payable under this Act on a memorandum of appeal against an order 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.

STATE AMENDMENTS

Orissa

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

"8A. Statement of particulars of subject-matters of suits and plaintiffs 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]

Haryana

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

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

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

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

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.

(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 refund the excess paid as such fee: but, if the estimation has been insufficient, the Court shall require the plaintiff to pay so much additional fee as would have been payable had the said market-value or nett profits been rightly estimated.

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

¹ * * * * *

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

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 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]

(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]

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 ² 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 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]

¹. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).

². 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.

Where an ¹ 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 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 ² such day.

¹. 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.

². See the First Schedule, Nos. 4 and 5, infra.

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 authorising him to receive back from the Collector so much of the fee paid on the ¹[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.

¹. Subs. by Act 20 of 1870, s. 1, for "plaint or memorandum of appeal".

[Additional fee where respondent takes objection to un-appealed part of decree.] Rep. by the Code of Civil Procedure, 1908 (5 of 1908).

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 ¹Code of Civil Procedure, section 9.

¹. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).

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]

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.

² * * * * *

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

³ * * * * *

(v) Plaints in suits tried by ⁴ village 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.

(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 ⁶Heads of Villages or the ⁷Village 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 ⁸Act 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 ⁹ acquisition of property for public purposes.

(xxiii) Petitions presented to the Special Commissioner appointed under ¹⁰Bengal Act No. 2 of 1869 (to ascertain, regulate and record certain tenures in Chota Nagpur.).

[ ¹¹ (xxiv) (Petitions under the Indian Christian Marriage Act, 1872 (15 of 1872), sections 45 and 48.]

STATE AMENDMENT

Orissa

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

[Vide Orissa Act 11 of 1967, s. 3]

¹. 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.

³. Clause (iv) rep. by Act 13 of 1889, s. 2 and the Schedule.

⁴. See the Madras Village Courts Act, 1889 (Mad. 1 of 1889).

⁵. Subs. by Act 7 of 1889, s. 13, for and certificate mentioned in the first schedule to this Act annexed, No. 12.

⁶. See Madras Regulations 11 of 1816 and 4 of 1821, s. 6.

⁷. See Bombay Village Police Act, 1867 (Born. 8 of 1867), ss. 14, 15 and 16.

⁸. The Bengal Chaukidari Act, 1856.

⁹. See now the Land Acquisition Act, 1894 (1 of 1894).

¹⁰. The Chota Nagpur Tenures Act, 1869.

¹¹. 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.

¹[19A. Relief where too high a court-fee has been paid.-- Where any person on applying for the probate of a will or letters of administration has estimated the property of the deceased to be of greater value than the same has afterwards proved to be, and has consequently paid too high a court-fee thereon, if, within six months after the true value of the property has been ascertained, such person produces the probate or letters to the Chief Controlling Revenue-authority²[for the local area] in which the probate or letters has or have been granted,

and delivers to such Authority a particular inventory and valuation of the property of the deceased, verified by affidavit or affirmation,

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

the said Authority may

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

(b) substitute another stamp for denoting the court-fee which should have been 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.]

¹. Ins. by Act 13 of 1875, s. 6.

². Subs. by Act 10 of 1901, s. 3, for "of the Province".

¹[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.]

¹. Ins. by Act 13 of 1875, s. 6.

¹[19C. Relief in case of several grants.-- Whenever ²*** 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.]

¹. Ins. by Act 13 of 1875, s. 6.

². The word "such" rep. by Act 12 of 1891.

¹[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.]

¹. Ins. by Act 13 of 1875, s. 6.

¹[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 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.]

¹. Ins. by Act 13 of 1875, s. 6.

². Subs. by Act 10 of 1901, s. 3, for "of the Province".

¹[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. Ins. by Act 13 of 1875, s. 6.

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.]

¹. As to recovery of penalties or forfeitures under s. 19G, see s. 19J, infra.

². The words and figures "after the first day of April, 1875, or "rep. by Act 12 of 1891, s. 3 and the First Schedule.

¹ [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 ² [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:

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 ³ Indian Succession Act, 1865 (10 of 1865), or as the case may be, by section 98 of the ³ Probate 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 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 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).]

¹. Ins. by Act 11 of 1899, s. 2.

². Subs. by Act 10 of 1901, s. 3, for "of the Province".

³. See now the Indian Succession Act, 1925 (39 of 1925).

¹ [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. Ins. by Act 11 of 1899, s 2.

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 ²***.

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

². The words "in any part of British India" rep by the A.O. 1948.

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.]]

¹. Ins. by Act 11 of 1899, s 2.

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 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.

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

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.

Subject to rules to be made by the High Court and approved by the State Government ¹***,

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.-- aand 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)² shall be deemed to be subordinate to the Court of the District Judge.

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

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

Subject to rules to be framed by the Chief Controlling Revenue-authority and approved by the State Government ¹***, 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.

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

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

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.

STATE AMENDMENTS

Jammu and Kashmir (UT).--

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

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

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

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

Union Territory of Ladakh

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

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

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

Explanation 2.--The expression "e-stamping" means stamping using unique number or code through an electronic machine or a software application'.

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

Haryana

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

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

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

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

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

¹. Subs. by the A.O. 1937, for "L. G.".

². For rules as to levy of court-fees by adhesive and impressed stamps, see Gazette of India, 1883. Pt. I., p 189.

The ¹[appropriate Government] may, from time to time, make rules for regulating—

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

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

¹. Subs. by the A.O. 1937, for "L. G.".

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. 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]

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.

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.

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[(3) Any person appointed to sell stamps, who,---

(a) with fraudulent intent, disobeys any rule made under this section, or sells or offers for sale any stamp without being duly appointed, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both;

(b) without any fraudulent intent, contravenes any rule made under this section, shall be liable to penalty not exceeding ten thousand rupees].]

1. Subs. by Act 12 of 1891, s. 3 and the First Schedule, for section 34. 2. Subs. by the A.O.1937, for "L. G." 3. Subs.by Act 8 of 2026, s. 2 and Sch., for sub-section (3) (w.e.f. 8-7-2026).

¹[34A. Adjudication of penalties.---(1) For the purpose of adjudicating penalties under clause (b) of sub-section (3) of section 34, the Administrator of the Union territory concerned may appoint an officer not below the rank of Deputy Commissioner or Deputy Collector or any officer equivalent in rank as an adjudicating officer for holding an inquiry and imposing penalties:

Provided that the Administrator of the Union territory concerned may appoint as many adjudicating officers as may be required.

(2) The adjudicating officer may summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the adjudicating officer may be useful for, or relevant to, the subject-matter of the inquiry, and if, on such inquiry, is satisfied that the person concerned has contravened any rule made under sub-section (1) of section 34, he may impose penalty as deemed fit, subject to the amount mentioned under clause (b) of sub-section (3) of the said section:

Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.]

1. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 8-7-2026).

¹[34B. Appeal.—(1) Whoever aggrieved by an order of the adjudicating officer under section 34A may, within thirty days from the date of receipt of such order, prefer an appeal to the Commissioner or Collector of the Division or before any officer equivalent in rank designated as such by the Administrator of the Union territory concerned as an appellate authority.

(2) An appeal may be admitted after the expiry of the period of thirty days, if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(3) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order as he may think fit.

(4) An appeal under sub-section (1) shall be disposed of within sixty days from the date of filing.

(5) If penalty imposed by the adjudicating officer under sub-section (1) of section 34A or by an order of the appellate authority under sub-section (3) of this section, as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.]

1. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 8-7-2026)

The ¹[appropriate Government] may, from time to time by notification in the Official Gazette, reduce or remit, in the whole or in any part of ²[the territories; under its administration], all or any of the fees mentioned in the first and second schedules to this Act annexed, and may in like manner cancel or vary such order.

STATE AMENDMENT

Orissa

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

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

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

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

Haryana

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

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

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

Bihar

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

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

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

¹. Subs. by the A.O.1937, for L. G..

². Subs. by Act 38 of 1920, s. 2 and the First Schedule, for British India.

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

STATE AMENDMENT

Haryana

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

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

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

SCHEDULE I

AD VALOREM FEES

Number ______ Proper Fee

1. 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]

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.

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, for every ten rupees, or part thereof, in excess of

one hundred rupees, up to one thousand rupees.

Twelve 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 five thousand

rupees.

Five 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.

Ten 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.

Fifteen 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.

Twenty 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.

Twenty rupees.

When such amount or value exceeds fifty thousand

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

excess of fifty thousand rupees:

Twenty-five

rupees.

Provided that the maximum fee leviable on a plaint or

memorandum of appeal shall be three thousand rupees.

2. Plaint 3 *** in a suit for

possession under 4 [the Specific

Relief Act, 1877, section 9].

3. [Repealed by the Indian

Registration Act, 1871 (8 of

1871)].

..

A fee of one-half

the amount

prescribed in the

foregoing scale.

..

4. Application for review of

judgment,5if presented on 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

judgments, 5if presented before the

ninetieth day from the date of the

decree.

..

One-half of the

fee leviable on

the plaint or

memorandum of

appeal.

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

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

Number Proper Fee

6. Copy or translation of a

judgment or order not being, or

having the force of, a decree.

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.

Four annas.

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

When such judgment 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

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.

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, 18791, (1 of 1879), when left

by any party to a suit or proceeding

in place of the original withdrawn.

(a) When the stamp-duty chargeable on the original does not

exceed eight annas.

The amount of the

duty chargeable on

the original.

(b) 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. [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.

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.

Two per centum on

such amount or

value.

When such amount or value exceeds ten thousand rupees, but

does not exceed fifty thousand rupees.
Two and one-half

per centum on such

amount or value.

When such amount or value exceeds fifty thousand rupees:
Three per centum

on such amount or

value.]

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

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

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

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

letters of administration is made in respect of the same

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

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

former grant.

1. See now the Indian Stamp Act, 1899 (2 of 1899).

2. Subs. by Act 7 of 1889, s. 13(1), for article 11.
3. These items were subs. by Act 7 of 1910, s. 2(i).

Number ______ Proper Fee

1[12. Certificate under the

Succession Certificate Act, 1889 (7

of 1889).

In any case.
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 in a

certificate has been

conferred under the Act,
and, where such a power

has been so conferred,

whether the power is for
the receiving of interest or

dividends on, or for the

negotiation or transfer, of
the security, or for both

purposes, the value of the

security is its market-value
on the day on which the

inclusion of the security in

the certificate is applied
for, so far as such value

can be ascertained.]

2 [12A. Certificate under the

Regulation of the Bombay Code

No. 8 of 1827.

3[(1) As regards debts and securities.
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.

(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.

Two per centum on

such amount or

value.

When such amount or value exceeds ten thousand

rupees, but does not exceed fifty thousand rupees.

Two and one-half per

centum on such

amount or value.

When such amount or value exceeds fifty thousand

rupees.
Three per centum on

such amount or

value.]]

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

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

Number ______ Proper Fee

1 13. Application to the 2 [High

Court of Punjab] for the exercise

of its jurisdiction under

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 of its revisional

jurisdiction under section 84 of

the Punjab Tenancy Act, 1887

(16 of 1887).

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

Two rupees.

When such amount or value exceeds twenty-five
rupees. The fee leviable on

a memorandum of

appeal.

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

15. [Rep. by the Repealing and

Amending Act, 1923 (11 of

1923), s. 3 and Sch. II.]

1. Ins. by the Punjab Courts Act, 1884 (8 of 1884), s. 71, as amended by the Punjab Courts Act 1899 (25 of 1899), s. 6. Article 13

was rep. in the Punjab by s. 5 of the Punjab Courts (Amendment) Act, 1912 (Punjab 1 of 1912); but it has since been revived

in this form by the Court-fees (Punjab Amendment) Act, 1922 (Punjab 7 of 1922).

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

STATE AMENDMENT

Assam.

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

the following shall be substituted, namely:—

Number Proper fee

(1) (2) (3)

“1. Plaint, written statement

pleading a set-off or counter-

claim or memorandum of appeal

(not otherwise provided for in

this Act) or, of 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 one

hundred rupees, for every five rupees, or,

part thereof of such amount or value;

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;

Twenty-four rupees

and seventy-five

paise.

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;

Thirty-three 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:

Forty-one rupees and

twenty-five paise.

Provided that the maximum fee leviable on

a plaint or memorandum of appeal shall not

exceed eleven thousand rupees.”

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

“6. Copy or translation of a

judgment or order not being or

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.

One rupee and ten

paise.

(b) if such amount or value exceeds fifty

rupees.

Two rupees and

twenty paise.

(c) when such judgment or order is passed

by a High Court.

Four rupees and forty

paise.

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 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.

Two rupees and

twenty paise.

(b) If such amount or value exceeds fifty

rupees.

Three rupees and

thirty paise.

(c) when such decree or order is made by

High Court.

Eight rupees and

twenty-five paise.

8. 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

proceeding in place of the

original withdrawn.

(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.

One rupee and twenty

paise.”

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

Division.

For every three hundred and sixty words

or fraction of three hundred and sixty

words.

One rupee and twenty

paise.

[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) (2) (3)

Rs. Rs. Rs. P.

" " 5 .55

5 10 1.10

10 15 1.65

15 20 2.20

20 25 2.75

25 30 3.30

30 35 3.85

35 40 4.40

40 45 4.95

45 50 5.50

50 55 6.05

55 60 6.60

60 65 7.15

65 70 7.70

70 75 8.25

75 80 8.80

80 85 9.35

85 90 9.90

90 95 10.45

95 100 11.00

100 110 12.95

110 120 14.85

120 130 16.80

130 140 18.70

140 150 20.55

150 160 21.95

When the amount or value of the

subject matter exceeds

But does not exceed Proper fee

(1) (2) (3)

Rs. Rs. Rs. P.

160 170 23.30

170 180 24.60

180 190 25.90

190 200 27.25

200 210 28.55

210 220 29.90

220 230 31.20

230 240 32.50

240 250 33.85

250 260 35.15

260 270 36.50

270 280 37.80

280 290 39.15

290 300 40.45

300 310 41.75

310 320 43.10

320 330 44.40

330 340 45.75

340 350 47.05

350 360 48.35

360 370 49.0

370 380 51.00

380 390 52.35

390 400 53.65

400 410 54.95

410 420 56.30

420 430 57.60

430 440 58.95

When the amount or value of the

subject matter exceeds

But does not exceed Proper fee

(1) (2) (3)

Rs. Rs. Rs. P.

440 450 60 25

450 460 61.55

460 470 62.90

470 480 64.20

480 490 65.55

490 500 66.85

500 510 68.15

510 520 69.50

520 530 70.80

530 540 72.15

540 550 73.45

550 560 74.75

560 570 76.10

570 580 77.40

580 590 78.75

590 600 80.05

600 610 81.35

610 620 82.70

620 630 84.00

630 640 85.35

640 650 86.65

650 660 87.95

660 670 89.30

670 680 90.60

680 690 91.95

690 700 93.25

700 710 94. 55

710 720 95.90

When the amount or value of the

subject matter exceeds

But does not exceed Proper fee

(1) (2) (3)

Rs. Rs. Rs. P.

720 730 97.20

730 740 98.55

740 750 99.85

750 760 101.15

760 770 102.50

770 780 103.80

780 790 105.15

790 800 106.45

800 810 107.75

810 820 109.10

820 830 110.40

830 840 111.75

840 850 113.05

850 860 114.35

860 870 115.70

870 880 117.00

880 890 118.35

890 900 119.65

900 910 120.95

910 920 122.30

920 930 123.60

930 940 124.95

940 950 126.25

Number Proper fee

(1) (2) (3)

5. Plaint or memorandum of appeal to a suit

to establish or disprove a right of occupancy.

6. Bail-bond or other instrument obligation

given in a pursuance of an order made by a Court

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.

7. Undertaking under section 49 of the Indian

Divorce Act, 1869.

One rupee

and ten paise.

8. ...

9. ...

10. Mukhtarnama or Vakalatnama.

When presented for the conduct of any one

case—

(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 clauses (b) and (c) of

this Number;

One rupee

and ten paise.

(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;

Two rupees

and seventy-

five paise.

(c) to a High Court, Chief

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).

Five rupees

and fifty

paise.

Number Proper fee

(1) (2) (3)

11. Memorandum of appeal when the appeal

is not from a decree or an order having the

force of a decree, and is presented.

(a) to any Civil Court other than a High

Court, or to any Revenue Court or

Executive Officer other than the High

Court or Chief Controlling Revenue or

Executive Authority except an authority

specified in clause (b);

Three rupees

and thirty

paise.

(b) to an Excise Appellate Authority

under Rule 340 of the Assam Excise

Rules;

Sixteen

rupees and

fifty paise.

(c) to a High Court or Chief

Commissioner or other Chief Controlling

Executive or Revenue Authority except an

Authority prescribed in clause (b);

Eleven

rupees.

(d) To an Excise Appellate Authority

under Rule 341 of the Assam Excise Rule

:

Fifty five

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

Sixteen

rupees and

fifty paise.

(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.

(ii) When the bid money is above then

thousand rupees but below twenty

thousand rupees:

Twenty-

seven rupees

and fifty

paise.

(iii) When the bid money is above

twenty thousand rupees.

Thirty-tree

rupees.

12. Caveat... Eleven

rupees.

13. 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.

Five rupees

and fifty

paise.

Number Proper fee

(1) (2) (3)

14. Petition in a suit under the Native Converts’

Marriage Dissolution Act, 1866.
Five rupees

and fifty

paise.

17. Plaint or memorandum of appeal in each of

the following suits:--

(i) to alter or set aside a summary decision

or order of any of the Civil Courts not

established by Letters Patent or of any

Revenue Court;

Sixteen

rupees and

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

of the names of proprietors of revenue-

paying estates;

(iii) to obtain a declaration decree where no

consequential relief is prayed;

Twenty-two

rupees.

(iv) to set aside an award; Sixteen

rupees and

fifty paise.

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

rupees.

(vi) every other suit where it is not possible

to estimate at a money-value the subject-

matter in dispute, and which is not other-

wise provided for by this Act.

Sixteen

rupees and

fifty paise.

18. 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.

When presented to a Munsif’s Court. Sixteen

rupees and

fifty paise.

When presented to any other Court. Fifty-five

rupees.

19. Agreement in writing stating a question for

the opinion of the Court under the Code of Civil

Procedure, 1908 (Act V of 1908).

Sixteen

rupees and

fifty paise.

20. 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.

Twenty-two

rupees.

21. Plaint or memorandum of appeal under the

Parsi Marriage and Divorce Act, 1865 (Act XV

of 1865).

Twenty-two

rupees.]

[Vide Assam Act 27 of 1972 s. 3]

STATE AMENDMENT

Orissa

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

the following articles shall be substituted, namely:--

Number Proper fee

(1) (2) (3)

“11. Probate of a will or letters of

administration with or without

will annexed.

When the amount or value of the

property in respect of which the

grant of probate or letters is made

exceeds two thousand rupees, on

such amount or value up to ten

thousand rupees.

and

When such amount or value

exceeds ten thousand rupees, on

the portion of such amount or

value which is in excess of ten

thousand rupees up to fifty

thousand rupees.

and

When such amount or value

exceeds fifty thousand rupees,

on the portion of such amount or

value which is in excess of fifty

thousand rupees up to one lakh of

rupees,

and

When such amount or value

exceeds a lakh of rupees, on the

portion of such amount or value

which is in excess of one lakh of

rupees:

Provided that when, after the

grant of a certificate under the

Indian Succession Act, 1925 (39

of 1925) or under the Regulation

of the Bombay Code No.8 of 1827,

in respect of any property included

in an estate, a grant of probate or

letters of administration is made in

respect of the same estate, the fee

payable in respect of the latter grant

shall be reduced by the amount of

the fee paid in respect of the former

grant.

Two per centum

Three per centum

Four per centum

Five per centum

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,

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.

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.”

SCHEDULE

(See section 2)

Number and year Short title

(1) (2)

Bihar and Orissa Act 1 of 1952 Bihar and Orissa Court-Fees (Amendment Act,

1922).

Madras Act V of 1922 Central Province Act XVI

of 1935

Madras Court-Fees (Amendment) Act, 1922 Court-

Fees (Central Provinces Amendment) Act, 1935.

When the amount or value of the

subject-matter exceeds

But does not exceed Proper fee.

1 2 3

Rs.

1,400

1,500

1,600

1,700

1,800

1,900

2,000

2,100

2,200

2,300

2,400

2,500

2,600

2,700

2,800

2,900

3,000

3,100

3,200

Rs.

1,500

1,600

1,700

1,800

1,900

2,000

2,100

2,200

2,300

2,400

2,500

2,600

2,700

2,800

2,900

3,100

3,200

3,300

3,300

Rs. a. p.

141 4 0

148 12 0

156 4 0

163 12 0

171 4 0

178 12 0

186 4 0

193 12 0

201 4 0

208 12 0

216 4 0

223 12 0

231 4 0

238 12 0

246 4 0

263 12 0

261 4 0

268 12 0

276 4 0

When the amount or value of the

subject-matter exceeds

But does not exceed Proper fee.

1 2 3

Rs.

1,000

1,100

1,200

1,300

Rs.

1,000

1,100

1,200

1,300

1,400

Rs. a. p.

88 0 0

89 2 0

90 4 0

91 6 0

92 8 0

93 10 0

94 12 0

95 14 0

97 0 0

98 2 0

99 4 0

100 6 0

101 8 0

102 10 0

103 12 0

111 4 0

118 12 0

126 4 0

133 12 0

When the amount or value of the

subject-matter exceeds

But does not exceed Proper fee.

1 2 3

Rs.

24.000

Rs

25,000

Rs. a. p.

1,341 4 0

25,000

26,000

27,000

28,000

29,000

30,000

32,000

34,000

36,000

38,000

40,000

42,000

44,000

46,000

48,000

26,000

27,000

28,000

29,000

30,000

32,000

34,000

36,000

38,000

40,000

42,000

44,000

46,000

48,000

50,000

1,371 4 0

1,401 4 0

1,431 4 0

1,461 4 0

1,491 4 0

1,521 4 0

1,551 4 0

1,581 4 0

1,661 4 0

1,641 4 0

1,671 4 0

1,701 4 0

1,731 4 0

1,761 4 0

1, 791 4 0

When the amount or value of the

subject-matter exceeds

But does not exceed Proper fee.

1 2 3

Rs.

Rs.

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 2 3

Rs.

7,100

7,200

7,300

7,500

Rs.

7,200

7,300

7,500

7,600

Rs. a. p.

508 12 0

576 4 0

533 12 0

7,600

7,700

7,800

7,900

8,000

8,250

8,500

8,750

9,000

9,250

9,500

9,750

10,000

10,500

11,000

11,500

12,000

7,700

7,800

7,900

8,000

8,250

8,500

8,750

9,000

9,250

9,500

9,750

10,000

10,500

11,000

11,500

12,000

12,500

591 4 0

606 4 0

621 4 0

636 4 0

651 4 0

666 4 0

681 4 0

696 4 0

711 4 0

726 4 0

741 4 0

763 12 0

786 4 0

808 12 0

831 4 0

853 12 0

When the amount or value of the

subject-matter exceeds

But does not exceed Proper fee.

1 2 3

Rs.

Rs.

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

When the amount or value of the

subject-matter exceeds

But does not exceed Proper fee.

1 2 3

Rs.

Rs.

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

When the amount or value of the

subject-matter exceeds

But does not exceed Proper fee.

1 2 3

Rs.

Rs.

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

SCHEDULE B.

(See Section 21).

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

When the amount of

value of the subject-

matter exceeds.

But does not exceed. Proper fee.

1 2 3

Rs.

…

Rs.

Rs. a. p.

0 6 0

0 12 0

1 2 0

1 8 0

1 14 0

2 4 0

2 10 0

3 0 0

3 6 0

3 12 0

4 2 0

4 8 0

4 14 0

5 4 0

5 10 0

6 0 0

6 6 0

SCHEDULE A.

(See Section 2.)

Province year and number. Title. Extent of Repeal.

1 2 3

Bihar and Orissa Act I of

1922.

Madras Act V of 1922.

Central Provinces Act XVI of

1935.

Bihar and Orissa Court Fees

(Amendment) Act, 1992.

Madras Court Fees

(Amendment) Act, 1922.

Court Fees (Central Provinces

Amendment) Act, 1935.

The whole Act, except

sections 6,9, 10 and 13.

The whole Act, except section

11 in respect of Articles 11

and 12 of Schedule I.

The whole Act, except section

4 (e).

When the amount or value of

the subject-matter exceeds

But does not exceed Proper fee.

1 2 3
Rs.

3,300

3,400

3,500

3,600

3,700

3,800

3,900

4,000

4,100

4,200

4,300

4,400

4,500

4,600

4,700

4,800

Rs.

3,400

3,500

3,600

3,700

3,800

3,900

4,000

4,100

4,200

4,300

4,400

4,500

4,600

4,700

4,800

4,900

Rs. a. p.

283 12 0

291 4 0

298 12 0

306 4 0

313 12 0

321 4 0

328 12 0

336 4 0

343 12 0

351 4 0

358 12 0

366 4 0

373 12 0

381 4 0

388 12 0

396 4 0

4,900

5,000

5,100

5,000

5,100

5,200

403 12 0

411 4 0

418 12 0

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

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

the following Article shall be substituted:--
“Number. — Proper fee.

1.Plaint, written statement pleading a set-

off or counter-claim or memorandum of

appeal (not otherwise provided for in this

Act) presented to any Civil or Revenue

Court except those mentioned in section 3.

When the amount or value of the subject

matter in dispute does not exceed five

rupees.

When such amount or value exceeds five

rupees, for every five rupees, or part

thereof , in excess of five rupees, up to

one hundred rupees.

When such amount or value exceeds one

hundred rupees, for every ten rupees, or

part thereof, in excess of one hundred

rupees, up to five hundred rupees.

When such amount or value exceeds five

hundred rupees, for every ten rupees, or

part thereof, in excess of five hundred

rupees, up to one thousand rupees.

When such amount or value exceeds one

thousand rupees, for every one hundred

rupees, or part thereof, in excess of one

thousand rupees, up to seven thousand

five hundred rupees.

When such amount or value exceeds

seven thousand five hundred rupees, for

every two hundred and fifty rupees, or

part thereof, in excess of seven thousand

five hundred rupees, up to ten thousand

rupees.

When such amount or value exceeds ten

thousand rupees, for every five hundred

rupees, or part thereof, in excess of ten

thousand rupees, up to twenty thousand

rupees.

When such amount or value exceeds

twenty thousand rupees, for every one

thousand rupees, or part thereof, in

excess of twenty thousand rupees, up to

thirty thousand rupees

When such amount value exceeds thirty

thousand rupees, for every two thousand

rupees, or part thereof in excess of

Six annas.

Six annas.

One rupee.

One rupee

two annas.

Seven rupees

eight annas.

Fifteen rupees.

Twenty two rupees

eight annas.

Thirty rupees.

Thirty rupees.

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.

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.

When such amount or value exceeds five

rupees, for every five rupees, or part

thereof, in excess of five rupees, up to

one hundred rupees.

When such amount or value exceeds one

hundred rupees, for every ten rupees, or

part thereof, in excess of one hundred

rupees up to five hundred rupees.

When such value exceeds three thousand

rupees but does not exceed four

thousand rupees.

Six annas.

Six annas.

Twelve annas.

Fifty rupees

.

3A. plaint or memorandum of appeal in

each of the following suits:—

(i)to obtain a declaratory decree where

no consequential relief is prayed.

(ii) to set aside an award.

(iii) to obtain a declaration that an

alleged adoption is invalid or never in

fact took place or to obtain a declaration

that an adoption is valid.

When such value exceeds four thousand

rupees for every two thousand rupees, or

part thereof, in excess of four thousand

rupees, upto ten thousand rupees.

When such value exceeds ten thousand

rupees, for every ten thousand rupees, or

part thereof in excess of ten thousand

rupees, up to fifty thousand rupees.

When such value exceeds fifty thousand

rupees, for every fifty thousand rupees,

or part thereof, in excess of fifty

thousand rupees.

Fifty rupees.

Fifty rupees.

One hundred rupees.”

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

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

Schedule I of the principal Act—

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

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

(c) for the words “one rupee” the words “one rupee eight annas” shall be substituted.

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

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

Act the following Article shall be substituted:—

“copy of decree or order

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

subject-matter of the suit wherein

such decree or order is made does

not exceed one hundred rupees;

Eight annas.

(b) If such amount or value exceeds

one hundred rupees but does not

exceed one thousand ;

(c) If such amount or value exceeds

one thousand rupees.

When such decree or order is made by the

Court of a District Judge or of a

Subordinate Judge.

When such decree or order is made by a

High Court.

One rupee.

One rupee

eight annas.

Three rupees, if the amount

or value of the subject

matter of the suit wherein

such decree or order is

made does not exceed one

thousand rupees; six

rupees, if such amount or

value exceeds one thousand

rupees.”

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

Amendment of Article 9 of Schedule I of Act VII of 1870.—In the third column of Article 9 of

Schedule I of the principal Act, for the words, “eight annas” the words “twelve annas” shall be

substituted.

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

Amendment of table of rates and insertion of new tables in Schedule I of Act VII of 1870.--For

the table of rates of advalorem fees annexed to Schedule I of the principal Act, the table set forth in

Schedule B to this Act shall be substituted.

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

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

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

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

under the heading “ proper fee” the words “ One hundred rupees” shall be substituted;

(b) in the foot note to the Table of rates of advalorem fees appearing under heading “(a) Table of

rates of advalorem fees leviable on plaints, etc., mentioned in Article 1 of Schedule 1”, for the words

“thirty-seven rupees fifty naye paise”, the words “ one hundred rupees” shall be substituted.

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

Haryana

Amendment of Schedule I to the Central Act 7 of 1870 .— In schedule I to the Court Fees Act, 1870,

for "Table of rates of ad-valorem fees leviable on the institution of suits," the following Table shall be

substituted, namely : --

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

When the amount or

value

of the subject matter

exceeds

But does not

exceed

Proper fee

1 2 3

Rupees Rupees Rupees

1 15,000 2.5%

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

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

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

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

Bihar

Amendment in Schedule-I and II of the Court-Fees Act, 1870. - Any fee payable under Schedule-I and

Schedule-II of the Court-Fees Act, 1870 calculated in paise shall be rounded off in rupee.

[Vide Bihar Act 13 of 2010, s. 2]

Substitution of Schedule I and II appended to Act VII, 1870. - In the Court Fees Act, 1870 (Act VII of

1870) for Schedule I and II the following shall be substituted, namely-

[Schedule-1]

Ad valorem Fees

No. Subject

Description

Rates

1 Plaint, written

statement, pleading of

an adjustment or

counter claim or

memorandum of

appeal or a cross

objection, or plaint or

When the amount

or value of the

subject matter in

dispute-

(i) up to Rs.

30,000/- (Rupees

thirty thousand)

15% of the amount or value

15,000 27,000 375+3.5% of the amount exceeding Rs. 15,000

27,000 39, 000 795+4.5% of the amount exceeding Rs. 27,000

39,000 51, 000 1335+5.5% of the amount exceeding Rs. 39,000

51, 000 63, 000 1995+6.5% of the amount exceeding Rs. 51,000

63, 000 75,000 2775+7.5% of the amount exceeding Rs. 63,000

75, 000 5,00,000 3675+6.5% of the amount exceeding Rs. 75,000

5,00,000 10,00,000 31300+5.5% of the amount exceeding Rs.

5,00,000

10,00,000 20,00,000 58800+4.5% of the amount exceeding Rs.

10,00,000

20,00,000 30,00,000 103800+3.5% of the amount exceeding Rs.

20,00,000

30,00,000 45,00,000 138000+2.5% of the amount exceeding Rs.

30,00,000

45,00,000 60,00,000 176300+1.5% of the amount exceeding Rs.

45,00,000

60,00,000 75,00,000 198800+0.5% of the amount exceeding Rs.

60,00,000

memorandum of

appeal to set aside an

award not otherwise

provided in this Act,

presented to any Civil

or Revenue Court

except those

mentioned in Section-

3.

(ii) exceed Rs.

30,000/- (Rupees

thirty thousand)

but does not

exceed Rs.

5,00,000/-

(Rupees five lac).

Rs. 4,500/- (Rupees four

thousand five hundred) +

10% of amount or value

exceeding Rs. 30,000/-

(Rupees thirty thousand).

(iii) exceeds Rs.

5,00,000/- (five

lac) but does not

exceed Rs.

20,00,000/-

(twenty lac).

Rs. 51,500 (fifty one

thousand five hundred) +

5% of amount or value

exceeding Rs. 5,00,000/-

(five lac).

(iv) exceeds Rs.

20,00,000/-

(Rupees twenty

lac), Rs. 1 (one)

crore.

Rs. 1,26,500 (Rupees one

lac twenty six thousand five

hundred) + 1% of the

amount or value exceeding

Rs. 20,00,000/- (Rupees

twenty lac).

(v) exceeds Rs. 1

(one) crore

Rs. 2,06,500/- (Rupees two

lac six thousand five

hundred) + ½% of the

amount or value exceeding

Rs. 1 (one) crore.

Maximum Rs. 3,00,000/-

(rupees three lac.)

2 Plaint in a suit for

possession under

Section 6 of Specific

Relief Act, 1963.

According to rates as

prescribed in item no.1.

3 Probate of a will or

letters of

administration with or

without will annexed.

10% of the amount or value

[minimum Rs. 500/-

(Rupees five hundred) &

maximum Rs. 3,00,000/-

(Rupees three lac)].

4 Certificate under the

Succession Certificate

Act, 1889.

As prescribed in item no. 3

on amount or value

indicated on certificate.

[Schedule-II]

Fixed Fees

No. Subject

Description

Fee

1 (1) Application or petition

When presented to

an administrative or

revenue officer of

State Government or

Central Government

or local body or in a

civil or criminal or

small cause court

other than High

Court and which is

not otherwise

provided-

Rs. 20/- (Rupees twenty)

(2) When presented to the

High Court-

(i) Under Article

226, 227 or under

Article 226 and 227

of the Constitution-

(a) To file a general

application.

Rs. 500/- (Rupees five

hundred).

(b) To file a Public

Interest Litigation.

Rs. 1000/- (Rupees one

thousand).

(ii) On other

applications

Rs. 250/- (Rupees two

hundred fifty).

(3) Application for Civil

Revision under Section 115 of

Civil Procedure Code or

Criminal Revision under

Section 397 read with Section

399/401 of Criminal Procedure

Code.

Rs. 250/- (Rupees two

hundred fifty).

2 Application to call for records

from any other Court.

Rs. 50/- (Rupees fifty).

3 Application for leave to sue as

a pauper or for leave to appeal

as pauper.

Rs. 20/- (Rupees twenty).

4 Plaint or memorandum of

appeal to establish or prove a

right of occupancy.

Rs. 100/- (Rupees one

hundred).

5 Bail Bond or other instruments

of obligation given in

Rs. 20/- (Rupees twenty).

pursuance of any order made

by a Court or Magistrate under

any section of the Code of

Criminal Procedure, 1973 or

the Code of Civil Procedure,

1908 and not otherwise

provided by this Act.

6 Undertaking under Section 49

of the Indian Divorce Act,

1869 (4 of 1869).

Rs. 100/- (Rupees one

hundred).

7 Affidavit

(i) In all other courts

except the High

Court.

Rs. 20/- (Rupees twenty

Rupees).

(ii) In the High

Court.

Rs. 30/- (Rupees thirty).

8 Vakalatnama

(i) In all other courts

except the High

Court.

Rs. 30/- (Rupees thirty)

[Court fee Rs. 20/- +

Advocate Welfare stamps

Rs. 10/-].

(ii) In the High

Court.

Rs. 50/- (Rupees fifty)

[Court fee Rs. 30/-+

Advocate Welfare stamp

Rs. 20/-].

9 All kinds of copies of any

judgement, decree, order,

proceeding, the documents

filed in a proceeding etc.

Rs. 10/- (Rupees ten) per

page.

10 Caveat

Rs. 100/- (Rupees one

hundred)

11 Application for review of

judgement.

Rs. 500/- (Rupees five

hundred) only.

12 Memorandum of Appeal when

the appeal is not from a decree

or an order having the force of

a decree and is presented.

(a) To any Civil

Court other than a

High Court, or to

any Revenue Court,

or Executive Officer,

other than the High

Court or Chief

Controlling Revenue

or Executive

Authority.

Rs. 50/- (Rupees fifty).

(b) To High Court or

Chief Controlling

Rs. 100/- (Rupees one

Executive or

Revenue Authority.

hundred).

13 Plaint or Memorandum of

Appeal in each of the

following suits:-

(i) To alter or set

aside a summary

decision or order of

any of the Civil

Courts (not

established by

Letters Patent or not

a Revenue Court)

Rs. 500/- (Rupees five

hundred).

(ii) To alter or cancel

any entry in a

register of the names

of proprietors of

revenue paying

estates.

Rs. 500/- (Rupees five

hundred).

(iii) To obtain a

declaratory decree

where no

consequential relief

is prayed.

Rs. 1000/- (Rupees one

thousand).

(iv) To set aside an

award.

Rs. 1000/- (Rupees one

thousand).

(v) To set aside an

adoption.

Rs. 1000/- (Rupees one

thousand).

(vi) For every other

suit where it is not

possible to estimate

at a money value the

subject matter in

dispute and which is

not otherwise

provided for by this

Act.

Rs. 1000/- (Rupees one

thousand).

14 Agreement in writing stating a

question for the opinion of the

Court under the Code of Civil

Procedure, 1908.

Rs. 200/- (Rupees two

hundred).

15 (1) Every petition under the

Indian Divorce Act, 1869 except

under Section 44 of the same Act

and every Memorandum of

Appeal under Section 55 of the

same Act.

Rs. 500/- (Rupees five

hundred).

(2) Plaint or Memorandum of

Appeal under the Parsi Marriage

and Divorce Act, 1865.

[Vide Bihar Act 7 of 1996, s. 2]

Bihar

Substitution of Schedules I and II appended to Act VII, 1870.—In the Court Fees Act, 1870 [Act VII

of 1870] as amended by Court Fees [(Bihar Amendment) Act, 1995] Schedules I and II shall

be substituted, by the following:-

Schedule-I

Ad Valorem Fees

No. Subject

Description

Rates

1 Plaint, written statement,

pleading of an adjustment or

counter claim or

memorandum of appeal or a

cross objection, or plaint or

memorandum of appeal to set

aside an award not otherwise

provided 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-

(i) up to Rs. 30,000/-

(Rupees thirty thousand)

15% of the amount or

value

(ii) exceed Rs. 30,000/-

(Rupees thirty thousand)

but does not exceed Rs.

5,00,000/- (Rupees five

lac).

Rs. 4,500/- (Rupees

four thousand five

hundred) + 10% of

amount or value

exceeding Rs.

30,000/- (Rupees

thirty thousand).

(iii) exceeds Rs.

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

does not exceed Rs.

20,00,000/-(twenty lac).

Rs. 51,500 (fifty one

thousand five

hundred) + 5% of

amount or value

exceeding Rs.

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

(iv) exceeds Rs.

20,00,000/- (Rupees

twenty lac), Rs. 1 (one)

crore.

Rs. 1,26,500 (Rupees

one lac twenty six

thousand five

hundred) + 1% of the

amount or value

exceeding Rs.

20,00,000/- (Rupees

twenty lac).

(v) exceeds Rs. 1 (one)

crore

Rs. 2,06,500/-

(Rupees two lac six

thousand five

hundred) + ½% of

the amount or value

exceeding Rs. 1 (one)

crore. Maximum Rs.

3,00,000/- (rupees

three lac.)

2 Plaint in a suit for possession

under Section 6 of Specific

Relief Act, 1963.

According to rates as

prescribed in item

no.1.

3 Probate of a will or letters of

administration with or without

will annexed.

10% of the amount or

value [minimum Rs.

500/- (Rupees five

hundred) &

maximum Rs.

3,00,000/- (Rupees

three lac)].

4 Certificate under the

Succession Certificate Act,

1889.

As prescribed in item

no. 3 on amount or

value indicated on

certificate.

Schedule-II

Fixed Fees

No. Subject

Description

Fee

1 (1) Application or petition

When presented to an

administrative or

revenue officer of State

Government or Central

Government or local

body or in a civil or

criminal or small cause

court other than High

Court and which is not

otherwise provided-

Rs. 20/- (Rupees

twenty)

(2) When presented to the

High Court-

(i) Under Article 226,

227 or under Article

226 and 227 of the

Constitution-

(a) To file a general

application.

Rs. 500/- (Rupees

five hundred).

(b) To file a Public

Interest Litigation.

Rs. 1000/- (Rupees

one thousand).

(ii) On other

applications

Rs. 250/- (Rupees

two hundred fifty).

(3) Application for Civil

Revision under Section

Rs. 250/- (Rupees

two hundred fifty).

115 of Civil Procedure

Code or Criminal

Revision under Section

397 read with Section

399/401 of Criminal

Procedure Code.

2 Application to call for

records from any other

Court.

Rs. 50/- (Rupees

fifty).

3 Application for leave to

sue as a pauper or for

leave to appeal as pauper.

Rs. 20/- (Rupees

twenty).

4 Plaint or memorandum of

appeal to establish or

prove a right of

occupancy.

Rs. 100/- (Rupees

one hundred).

5 Bail Bond or other

instruments of obligation

given in pursuance of any

order made by a Court or

Magistrate under any

section of the Code of

Criminal Procedure, 1973

or the Code of Civil

Procedure, 1908 and not

otherwise provided by this

Act.

Rs. 20/- (Rupees

twenty).

6 Undertaking under

Section 49 of the Indian

Divorce Act, 1869 (4 of

1869).

Rs. 100/- (Rupees

one hundred).

7 Affidavit

(i) In all other courts

except the High Court.

Rs. 20/- (Rupees

twenty Rupees).

(ii) In the High Court.

Rs. 30/- (Rupees

thirty).

8 Vakalatnama

(i) In all other courts

except the High Court.

Rs. 30/- (Rupees

thirty) [Court fee Rs.

20/- + Advocate

Welfare stamps Rs.

10/-].

(ii) In the High Court.

Rs. 50/- (Rupees

fifty) [Court fee Rs.

30/-+ Advocate

Welfare stamp Rs.

20/-].

9 All kinds of copies of any

judgement, decree, order,

proceeding, the

documents filed in a

proceeding etc.

Rs. 10/- (Rupees

ten) per page.

10 Caveat

Rs. 100/- (Rupees

one hundred)

11 Application for review of

judgement.

Rs. 500/- (Rupees

five hundred) only.

12 Memorandum of Appeal

when the appeal is not

from a decree or an order

having the force of a

decree and is presented.

(a) To any Civil Court

other than a High

Court, or to any

Revenue Court, or

Executive Officer,

other than the High

Court or Chief

Controlling Revenue or

Executive Authority.

Rs. 50/- (Rupees

fifty).

(b) To High Court or

Chief Controlling

Executive or Revenue

Authority.

Rs. 100/- (Rupees

one hundred).

13 Plaint or Memorandum of

Appeal in each of the

following suits:-

(i) To alter or set aside

a summary decision or

order of any of the

Civil Courts (not

established by Letters

Patent or not a

Revenue Court)

Rs. 500/- (Rupees

five hundred).

(ii) To alter or cancel

any entry in a register

of the names of

proprietors of revenue

paying estates.

Rs. 500/- (Rupees

five hundred).

(iii) To obtain a

declaratory decree

where no consequential

relief is prayed.

Rs. 1000/- (Rupees

one thousand).

(iv) To set aside an

award.

Rs. 1000/- (Rupees

one thousand).

(v) To set aside an

Rs. 1000/- (Rupees

adoption. one thousand).

(vi) For every other

suit where it is not

possible to estimate at

a money value the

subject matter in

dispute and which is

not otherwise provided

for by this Act.

Rs. 1000/- (Rupees

one thousand).

14 Agreement in writing

stating a question for the

opinion of the Court

under the Code of Civil

Procedure, 1908.

Rs. 200/- (Rupees

two hundred).

15 (1) Every petition under

the Indian Divorce Act,

1869 except under Section

44 of the same Act and

every Memorandum of

Appeal under Section 55

of the same Act.

Rs. 500/- (Rupees

five hundred).

(2) Plaint or

Memorandum of Appeal

under the Parsi Marriage

and Divorce Act, 1865.

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

Bihar

Amendment of Articles 1 and 6 of Schedule I to Act VII of 1870. - For the 'proper fee' set forth in

Schedule I to the Court-fees Act, 1870 (VII of 1870), as amended from time to time in its application to

the State of Bihar (hereinafter referred to as the said Act), for Articles 1 and 6 and shown in the second

column of the Schedule A to this Act, the 'proper fees' shown against them in the third column of the said

Schedule A shall be substituted.

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

Amendment of the Table of Rates in Schedule I to Act VII of 1870. - For the 'proper fees' set forth in

the table of rates annexed to Schedule to the said Act and shown in the first column of Schedule B to this

Act, the 'proper fees' shown in the second column of the Schedule B shall be substituted.

[Vide Bihar Act 7 of 1958, s. 3]

Amendment in Schedule-I and II of the Court-Fees Act, 1870. - Any fee payable under Schedule-I and

Schedule-II of the Court-Fees Act, 1870 calculated in paise shall be rounded off in rupee.

[Vide Bihar Act 13 of 2010, s. 2]

Haryana

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

(i) after serial number 5 and entries thereagainst, the following serial number and entries

thereagainst shall be inserted, namely:--

1 2 3 4

“5-A Copy of order of the

Rent Controller

-- Five rupees.";

(ii) against serial number 8, under columns 3 and 4, for the existing

entries, the following entries shall be substituted, namely :—

3 4

“for every Page Two rupees.".

Bihar

Amendment of item 2, 3 and 4 of Schedule I appended to Act VII, 1870 (as amended by Bihar

Amendment Act, 1996).—In the Court fees act, 1870 (as amended by Bihar Amendment Act, 1995) for

the items 2, 3 and 4 of Schedule I the following shall be substituted, namely:-

(1) Plaint in a suit for possession under

Specific Relief Act, 1963, Section 6.

A fee of half of the prescribed fee in the foregoing

Scale in item I.

(2) Application for review of judgement if

presented on or after the ninetieth day from the

date of the decree.

The fee leviable on the plaint or memorandum of

appeal as item 1.

(3) Application for review of judgement, if

presented before the ninetieth day from the

date of the decree.

One half of the fee leviable on the plaint or

memorandum of appeal as item 1.

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

STATE AMENDMENT

Orissa

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

principal Act,—

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

shall be substituted;

(b) in the third column opposite clause (b), for the words, “eight annas” the words “in the

case of a criminal complaint and appeal one rupee and in other cases twelve annas” shall

be substituted;

(c) in the third column opposite clause (c) for the words “one rupee” the words “one rupee

eight annas” shall be substituted;

(d) in the second and third columns, for clause (d) and the words opposite the said clause the

following shall be substituted:—

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

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

(a) When the value of the suit

or proceedings to which

the order relates does not

exceed one thousand

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”.

(c) in the third column—

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

(ii) for the words “two rupees” the words “four rupees” shall be substituted.

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

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

Schedule II of the principal Act, for the words “five rupees” the words “ten rupees” shall be substituted.

[Vide Orissa Act 5 of 1939, s. 26]

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

Schedule II of the principal Act, for the words “five rupees” the words “ten rupees” shall be substituted.

[Vide Orissa Act 5 of 1939, s. 27]

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

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

“17. Plaint or memorandum of

appeal in a suit,—

(i) to alter or set aside a summary

decision or order of any of the

Civil Courts not established by

Letters Patent or of any Revenue

Court;

(ii) to alter or cancel any entry in a

register of the names of the

proprietors of revenue –paying

estates;

(iii) 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.

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 or

Munsif.

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.”

[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)”;

(c) in the third column for the words “ten rupees” shall be substituted.

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

Amendment of Article 19 of Schedule II of Act VII of 1870.— In the third column in Article 19 of

Schedule II of the principal Act, for the words “ten rupees” the words “fifteen rupees” shall be

substituted.

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

Amendment of Article 19 of Schedule II of Act VII of 1870.—In the third column in Article 20

Schedule II of the principal Act, for the words “twenty rupees” the words “thirty rupees” shall be

substituted.

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

Amendment of Article 21 of Schedule II of Act VII of 1870.--In the third column in Article 21

Schedule II of the principal Act, for the words “twenty rupees” the words “thirty rupees” shall be

substituted.

When the amount or value of the

subject-matter exceeds

But does not exceed Proper fee.

1 2 3
Rs.

5,200

5,300

5,400

5,500

5,600

5,700

5,800

5,900

6,000

6,100

6,200

6,300

6,400

6,500

Rs.

5,300

5,400

5,500

5,600

5,700

5,800

5,900

6,000

6,100

6,200

6,300

6,400

6,500

6,600

Rs. a. p.

426 4 0

433 12 0

441 4 0

418 12 0

456 4 0

463 12 0

471 4 0

478 12 0

486 4 0

493 12 0

501 4 0

508 12 0

516 4 0

523 12 0

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;

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)—

When the amount involved In the cheque or

instrument does not exceed ten thousand rupees.

When the amount involved in the cheque or

instrument exceeds ten thousand rupees but does

not exceed one lakh rupees.

When the amount involved in the cheque or

instrument exceeds one lakh rupees.

In the case of a criminal complaint and appeal, four

rupees and in other cases two rupees.

One hundred rupees

Five hundred rupees.

One thousand rupees.

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

Amendment of Schedule II.— In Schedule II to the principal Act, under the heading “proper fee” for

the entries as mentioned in column (2) of the following Table against the corresponding articles in

column (1) thereof, the entries as mentioned against them in column (3) of the said Table shall

respectively be substituted:—
Corresponding Article

(1)

Entries Occurring under the heading “proper

fee”

(2)

Entries to be substituted

(3)

1.(a)
(b)

(c)

(d) (i) (a)

(b)
(ii)

1-A

2.
3.(a)

(b)

4.
5.

6.

7.

10.(a)

(b)

(c)
11.(a)

(b)
12.

13.

14.
17.

17.A (a)

(b)

18.

19.

20.
21.

Forty-five paise

In case of criminal complaint and appeal,

two rupees and twenty-five paise and in

other cases one rupee and twenty-paise.

Two rupees and fifty paise

Five rupees and fifty paise

Eleven rupees

Two rupees and twenty paise

one rupee and sixty-five paise in addition to

any fee levied on the application under

clause (a), clause (b) or clause (d) of article -

1 of this Schedule.

Fifty-five paise

One rupee and ten paise

Two rupees and twenty paise

Fifty naye paise

Fifty naye paise

Fifty naye paise

Fifty naye paise

Two rupees and twenty-five paise

Three rupees and seventy-five paise

Four rupees

One rupee

Four rupees

Ten rupees

Five rupees and fifty paise

Eleven rupees

Fifteen rupees

Ten rupees

Fifteen rupees if the value for purposes of

jurisdicaiton does not exceed four thousand

rupees. One hundred rupees if such value

exceeds four thousand rupees.

Sixteen rupees and fifty paise

Fifteen rupees

Thirty-three rupees

Thirty rupees

One rupee

In case of criminal complaint and appeal,

four rupees and in other cases two rupees.

Five rupees

Eleven rupees

Twenty rupees

Four rupees

Three rupees in addition to any fee levied on

the application under clause (a), clause (b) or

clause (d) of article-1 of this Schedule.

One rupees

Two rupees

Four rupees

One rupee

One rupee

One rupee

One rupee

Four rupees

Seven rupees

Eight rupees

Two rupees

Eight rupees

Twenty rupees

Ten rupees

Twenty-one rupees

Thirty rupees

Twenty rupees

Thirty rupees if the value for purposes of

jurisdiction does not exceed four thousand

rupees. Two hundred rupees if such value

exceeds four thousand rupees.

Thirty-two rupees

Thirty rupees

Sixty-two rupees

Sixty rupees

[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]

Haryana

Substitution of Schedules I and II to Act 7 of 1870.—For Schedules I and II to the principal Act,

the following Schedules substitution shall be substituted, namely :—

SCHEDULE I

Ad valorem fees

Serial No. Nature of Document Amount of value Proper fee

1 2 3 4

Plaint, written statement,

pleading or set off or

counter claim or

memorandum of appeal

(not otherwise provided

for in this Act) or of cross

objections presented to

any civil or revenue court

except those mentioned in

section 3.

When the amount or value

of the subject matter in

dispute does not exceed

one hundred rupees, for

every ten rupees or part

thereof,

When such amount or

value exceeds one hundred

rupees, but does not exceed

five hundred rupees, for

every twenty rupees, or

part thereof in excess of

one hundred rupees, up to

five hundred rupees.

when such amount or value

exceeds three thousand

rupees, for every one

hundred rupees, or part

thereof, in excess of three

thousand rupees, up to ten

thousand when such

amount or value exceeds

three thousand rupees, for

every one hundred rupees,

or part thereof, in excess of

three thousand rupees, up

to ten thousand

When such amount or

value exceeds ten

thousand rupees, for

every five hundred

One rupee.

Three rupees.

Twenty rupees .

Seventy-five rupees.

rupees, or part thereof, in

excess of ten thousand

rupees, up to twenty

thousand rupees When

such amount or value

exceeds twenty thousand

rupees, for every one

thousand rupees, or part

thereof, in excess of twenty

thousand rupees, up to fifty

thousand rupees When

such amount or value

exceeds fifty thousand

rupees, for every five

thousand rupees, or part

thereof, in excess of fifty

thousand rupees

One hundred rupees.

Two hundred rupees.

2.
Plaint in a suit for

possession under the

Specific Relief Act, 1963,

section 6

----
A fee of one-half the amount

prescribed in the foregoing

scale.

3.
Application for review of

judgement, if presented

on or after the ninetieth

day from the date of the

decree

The fee leviable on the plaint

or memorandum of appeal.

4.
Application for review of

judgement, if presented

before the ninetieth day

from the date

of the decree

One-half of the fee leviable

on the plaint or

memorandum of appeal.

5.
Copy of translation of

judgement or order not

being, or having the force

of, a decree

When such judgement or

order is passed by any civil

court other than the High

Court, or by the presiding

officer of any revenue

court or office, or by any

other judicial or executive

authority When such

judgement or order is

passed by the High Court

Two rupees.

Five rupees.

6.
Copy of a decree or order

having the force of

a decree

When such decree or order

is made by any civil court

other than the High Court

or by any revenue court

When such decree or order

is made by the High Court

Five rupees.

Ten rupees.

7.
Copy of any document liable to stamp

duty under the Indian Stamp Act,

1899, when left by any party to a suit

or proceeding in place of the original

withdrawn, provided such copy is not

subject to any duty under the Indian

Stamp Act, 1899

(a) When the stamp duty

chargeable , on the original

does not exceed seventy

five paise

(b) in any other case

The amount of the duty

chargeable on the original,

Two rupees.

8. Copy of any revenue or judicial

proceeding or order not otherwise

provided for by this Act, or copy of

any account, statement, report or the

like, taken out of any civil or criminal

or revenue court or office, or from the

office of any chief officer charged

with the executive administration of a

Division

For every three hundred

and sixty words or One

rupee fraction of three

hundred and sixty words

One rupee.

9. probate of a will or letters of

administration with or without will

annexed

When the amount or value

of the property in respect

of which the grant of

probate or letters is made

exceeds one thousand

rupees, but does not

exceeds ten thousand

rupees.

When such amount or

value exceeds ten thousand

rupees, but does not exceed

fifty thousand rupees

When such amount or

value exceeds fifty

thousand rupees

three per centum on such

amount or value.

Five per centum on such

amount or value.

Six per centum on such

amount or value.

10.
Certificate under part X of the Indian

Succession Act, 1925.

In any case Three per centum on the

amount or value of any debt

or security specified in the

certificate under section 374

of that Act, and five per

centum on the amount or

value of any debt or security

to which the certificate is

extended under section 376

of that Act.

Notes .—(1) The amount of a

debt is its amount, including

interest, on the day on which

the inclusion of the debt in

the certificate is applied for,

so far as such amount can be

ascertained.

(2) Whether or not any

power with respect to a

security specified in a

certificate has been conferred

under that Act, and where

such a power has been so

conferred, whether the power

is for the receiving of interest

or dividends on, or for the

negotiation or transfer of, the

security, or for both

purposes, the value of the

security is its market value

on the duty on which the

inclusion of the security in

the certified applied for, so

fur as such value can be

ascertained.

11. Application to the High Court for the

exercise of its jurisdiction under

section 44 of the Punjab Courts Act,

1918, or to the court of the Financial

Commissioner for the exercise of its

revisional jurisdiction under section

84 of the Punjab Tenancy Act, 1887.

Fifteen rupees.

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

Value of the subject matter

exceeds

But does not exceed Proper fee

1 2 3

Rs Rs Rs

10 10 .

20 20 2

30 30 3

40 40 4

50 50 5

60 60 6

70 70 7

80 80 8

90 90 9

100 100 10

120 120 13

140 140 16

160 160 19

180 180 22

200 200 25

220 220 28

240 240 31

260 260 34

280 280 37

300 300 40

320 320 43

340 340 46

360 360 49

380 380 52

400 400 55

420 420 58

440 440 61

460 460 64

480 480 67

500 500 78

550 550 86

600 600 94

650 650 102

700 700 110

750 750 118

800 800 126

850 850 134

900 900 142

950 950 150

1,000 1,000 158

1050 1,050 166

1150 1,100 174

1200 1,200 182

1250 1,250 190

1300 1300 198

1350 1350 206

1400 1400 214

1450 1450 222

1500 1500 238

1550 1550 246

1600 1600 254

1650 1650 262

1700 1700 270

1750 1750 278

1800 1800 286

1850 1850 294

1900 1900 302

1950 1950 310

2000 2000 318

2050 2050 326

2100 2100 334

2150 2150 342

2200 2200 350

2250 2250 358

2300 2300 366

2350 2350 374

2400 2400 382

2450 2450 390

2500 2500 398

2550 2550 406

2600 2600 414

2650 2650 432

2700 2700 430

2750 2750 446

2800 2800 454

2850 2850 462

2900 2900 470

2950 2950 490

3000 3000 510

3100 3100 530

3200 3200 550

3300 3300 570

3400 3400 590

3500 3500 610

3600 3600 630

3700 3700 650

3800 3800 670

3900 3900 690

4000 4000 710

4100 4100 730

4200 4200 750

4300 4300 770

4400 4400 790

4500 4500 810

4600 4600 830

4700 4700 850

4800 4800 870

4900 4900 890

5000 5000 910

5100 5100 930

5200 5200 950

5300 5300 950

5400 5400 970

5500 5500 990

5600 5600 1010

5700 5700 1030

5800 5800 1050

5900 5900 1070

6000 6000 1090

6100 6100 1110

6200 6200 1130

6300 6300 1150

6400 6400 1170

6500 6500 1190

6600 6600 1210

6700 6700 1210

6800 6800 1250

6900 7000 1290

7000 7000 1310

7100 7100 1350

7200 7200 1370

7300 7300 1390

7400 7400 1410

7500 7500 1430

7600 7600 1450

7700 7700 1470

7800 7800 1490

7900 7900 1510

8000 8000 1530

8100 8100 1550

8200 8200 1570

8300 8300 1590

8400 8400 1610

8500 8500 1630

8600 8600 1650

8700 8700 1670

8800 8800 1690

8900 8900 1710

9000 9000 1730

9100 9100 1750

9200 9200 1770

9300 9300 1790

9400 9400 1810

9500 9500 1830

9600 9600 1850

9700 9700 1870

9800 9800 1945

9900 9900 2020

10000 10000 2095

10500 10500 2170

11000 11000 2245

11500 11500 2320

12000 12000 2395

12500 12500 2470

13000 13000 2545

13500 13500 2620

14000 14000 2695

14500 14500 2770

15000 15000 2845

15500 15500 2920

16000 16000 2995

16500 16500 3070

17000 17000 3145

17500 17500 3220

18000 18000 3295

18500 18500 3370

19000 19000 3470

19500 19500 3570

20000 20000 3670

21000 21000 3770

22000 22000 3870

23000 23000 3970

24000 24000 4070

25000 25000 4170

26000 26000 4270

27000 27000 4370

28000 28000 4470

29000 29000 4570

30000 30000 4670

31000 31000 4770

32000 32000 4870

33000 33000 4970

34000 34000 5070

35000 35000 5170

36000 36000 5270

37000 37000 5370

38000 38000 5470

39000 39000 5570

40000 40000 5670

41000 41000 5770

42000 42000 5870

43000 43000 5970

44000 44000 6070

43000 43000 6170

44000 44000 6270

45000 45000 6370

46000 46000 6570

47000 47000 6770

48000 48000 6970

49000 49000 7170

50000 50000 7370

55000 55000 7570

60000 60000 7770

65000 65000 7970

70000 70000 8170

75000 75000 8370

80000 80000 8570

85000 85000 8770

90000 90000 8970

95000 95000 9170

100000 100000 9370

105000 105000 9370

110000 110000 9570

115000 115000 9770

120000 120000 9970

125000 125000 10170

130000 130000 10370

135000 135000 10570

140000 140000 10770

145000 145000 10970

150000 150000 11370

155000 155000 11570

160000 160000 11770

165000 165000 11970

170000 170000 12170

175000 175000 12370

180000 180000 12570

185000 185000 12770

190000 190000 12970

195000 195000 13170

200000 200000 13370

205000 205000 13570

210000 210000 13770

215000 215000 13970

220000 220000 14170

225000 225000 14370

230000 230000 14570

235000 235000 14770

240000 240000 14970

245000 245000 15170

250000 250000 15370

255000 255000 15770

260000 260000 15970

265000 265000 16170

270000 270000 16370

275000 275000

280000 280000

285000 285000

290000 290000

295000 295000

300000 300000

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

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

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

SCHEDULE II

FIXED FEES

Serial

No.

Nature of the document Amount of value Proper fee

1 2 3 4

Application or petition (a) When presented to any officer of the Customs

or Excise Department or to any Magistrate, by any

person having dealings with the Government and when

the subject matter of such application relates exclusively

to those dealings or when presented to any revenue

officer by any person holding temporarily-settled land

under direct engagement with Government, and when

the subject-matter of the application or petition relates

exclusively to such engagement; or when presented to

any municipal commissioner under any Act for the time

being in force for the conservancy or improvement of

any place, if the application or petition relates solely to

such conservancy or improvement; or when presented to

any civil court other than a principal civil court of

original jurisdiction, or to any court of small causes

constituted under Act No. 11 of 1865 or under Act No.

16 of 1868; section 20, or to a Collector or other

revenue officer in relation to any suit or case in which

the amount or value of the subject-matter is less than

fifty rupees; or when presented to any civil, criminal or

revenue court, or to any Board or executive officer for

the purpose of obtaining a copy or translation of any

judgment, decree or order passed by such court, Board

or officer, or of any other document on record in such

court or office

(b) when containing a complaint or charge of any

offence other than an offence for which police officers

may, under the Code of Criminal Procedure, 1898,

arrest without warrant, and presented to any criminal

court;

or when presented to a civil criminal or revenue,

court, or to a Collector or any revenue officer having

jurisdiction equal or subordinate to a Collector, or to

any Magistrate in his executive capacity, and not

otherwise provided for by this Act;

or to deposit in court, revenue or rent ; or for

determination by court of the amount of compensation

to be paid by landlord to his tenant

(c) when presented to a Chief Commissioner or other

Chief Controller, Revenue or Executive Authority, or to

a Commissioner of Revenue or Circuit, or to any Chief

Officer charged with the executive administration of a

Division and not otherwise provided for by this Act

(d) when presented to the High Court —

(i) for winding up a company or under section

One Rupees

Two Rupees

Three rupees

Three

397 or 398 of the Companies Act,

(ii) under the same Act for taking some other

judicial action;

(iii) under article 226 of the Constitution of India

other than petitions for habeas corpus and petition

arising out of criminal proceedings ;

(iv) petition under article 227 of the Constitution

of India ;

(v) in all other cases

hundred and

fifty rupees.

Twenty-five

rupees.

One hundred

rupees

Fifteen

rupees

Five rupees

2.

Application to any civil

court that records

may be called for from

another court

When the court grants the application and is of opinion

that the transmission of such records involves the use of

the post

Two rupees

3. Application for leave to

sue as a pauper

.. Two rupees

4. Application for leave to

appeal as a pauper

(a) When presented to a District Court

(b) When Presented to a Commissioner or the High

Court

Two rupees

Five rupees

5. Bail-bond or other

instrument of obligation

given in pursuance of an

order made by a court or

Magistrate under any

section of the Code of

Criminal Procedure,

1898, or the Code of

Civil Procedure, 1908,

and not otherwise

Provided for by this Act

.. One rupee

6.
Undertaking under

section 49 of the Divorce

Act, 1869

Two rupees

7.
Mukhtarnanca or

Wakalatnama

When presented for the conduct of any one case—

(a) to any civil or criminal court other than the High

Court, or to any revenue court, or to any Collector or

Magistrate, or other Executive Officer, except such as

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

(b) to a Revenue Commissioner or to any officer

charged with executive administration of a Division, not

being the Chief Revenue or Executive Authority

(c) to the High Court, Chief Commissioner, Board of

revenue, or other Chief controlling Revenue or

Executive Authority

Two rupees

Two rupees

Three rupees

8. Memorandum of appear

when the appeal is not

from a decree or an order

having the

(a) to any civil court other than the High Court, or to

any revenue court or Executive Officer other than the

High Court or Chief Controlling Revenue or Executive

Authority

Ten rupees

force of a decree and is

presented

(b) to the High Court or Chief Commissioner Fifteen

rupees or other Chief Controlling Revenue or Executive

Authority

fifteen rupees

9. Caveat -- Ten rupees

10.
Petition in a suit under

the Converts Marriage

Dis solution Act, 1866,

the Divorce Act,

1869, or the Foreign

Marriage Act, 1969

-- Twenty-five

rupees

11.
(i) Every petition or

application or

memorandum of appeal

under the Special Marriage

Act, 1954, or the Hindu

Marriage Act, 1955, or the

Dissolution of Muslim

Marriages Act, 1939

(ii) Application under

section 24 of the Hindu

Marriage Act, 1955

-- Twenty-five

rupees

Five rupees

12.
Plaint or memorandum

of appeal in each of

the following suits:—

(i) to alter or set as ide a

summary decision or

order of any of the civil

courts not established by

Letters Patent or of any

revenue court;

(ii) to alter or cancel any

entry in a register of the

names of the proprietors

of revenue paying

estates;

(iii) to obtain a

declaratory decree where

no consequential relief is

prayed;

(iv) to set aside an award

;

(v) to set aside an

adoption;

(vi) every other suit

where it is not possible

to estimate at a money -

value the subject matter

in dispute, and which is

not otherwise provided

for by this Act

--

--

---

--

--

--

--

Twenty-five

rupees

13.
Application under

section 20 of the

Arbitration Act, 1940

-- Twenty-five

rupees

14.
Agreement in writing

stating a question for the

opinion of the court

under the Code of Civil

Procedure, 1908

-- Twenty-five

rupees

15.
Plaint or memorandum

of appeal in a suit by

a reversioner under the

Punjab Customary

Law for declaration in

respect of an alienation

of ancestral land

-- One hundred

rupees

16.
Application or

memorandum of appeal

for relief under the

Haryana Urban (Control

of Rent and Eviction)

Act, 1973—

Fifteen

rupees

(i) other than for fixation

of fair rent

(a) Up to an annual rent not exceeding six hundred

rupees;
Fifteen

rupees

(ii) for fixation of fair

rent
(b) annual rent exceeding six hundred rupees Fifteen

rupees

17.
Claims for money

(whether secured or

unsecured) or a claim to

set off made against such

claims or counter claims

under the Banking

Companies Act, 1949

(a) Where the amount does not exceed Rs 2,500 ;

(b) where the amount exceeds Rs 2,500 but does not

exceed Rs 10,000;

(c) where the amount exceeds Rs 10,000 ;

Twenty-five

rupees

Fifty -rupees

One hundred

rupees

18.
Memorandum of appeal

from an order or decision

passed under the

Provisions of section

45-B of the Banking

Companies Act, 1949

(a) Where the amount exceeds Rs 5,000 put does not

exceed Rs 10,000;

(b) where the amount exceeds Rs 10,000

One hundred

rupees

Two hundred

rupees.

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

Haryana

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

(a) against serial number 5, under columns 3 and 4, for the existing entries, the following entry

shall be substituted, namely:--

"when such judgement or order is passed by Two rupees.";

any civil court or by the presiding officer of any revenue court or office,

or by any other judicial or executive authority

(b) against serial number 6, under columns 3 and 4, for the existing entries, the following entry

shall be substituted, namely :—

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

civil court or by any revenue court

(c) against serial number 11, under column 2, the words and figures "to the High Court for the

exercise of its jurisdiction under section 44 of the Punjab Courts Act, 1918, or" shall be omitted.

[Vide Haryana Act 22 of 1974, s. 4]

Bihar

Amendment of Article 1 of Schedule II to Act VII of 1870. - For the 'proper fee' set forth in Schedule II

to the said Act for Article 1 and shown in the second column of Schedule C to this Act, the 'proper fee,

shown in the third column of the said Schedule C shall be substituted.

Schedule A

[See Section 2]

Article Proper fee set forth in Schedule I to the

Court-fees Act, 1870

Proper fees to be substituted

1 2 3

Six annas 40 N.P.

1 Six annas 40 N.P.

6 Six annas 40 N.P.

Schedule B

[See Section 3]

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

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

1 2

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

0 6 0 0 40

1 2 0 0 15

1 14 0 1 90

2 10 0 2 50

3 6 0 3 40

4 2 0 4 15

4 14 0 4 90

5 10 0 5 65

6 0 0 6 40

7 2 0 7 15

Schedule C

[See Section 4]

Article Proper fees set forth in Schedule II to the

Court-fees Act, 1870

Proper fees to be

substituted

1 2 3

1 Two annas 15 N.P

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

Haryana

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

(i) after serial number 5 and entries thereagainst, the following serial number and entries thereagainst

shall be inserted, namely:--

1 2 3 4

“5-A Copy of order of the

Rent Controller

.. Five rupees,”

(ii) against serial number 8, under columns 3 and 4, for the existing entries, the

following entries shall be substituted, namely:--

3 4

“For every age Two rupees.”.

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

Haryana

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

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

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

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

substituted ;

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

shall be substituted ;

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

rupees" shall be substituted ;

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

shall be substituted ;

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

shall be substituted ;

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

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

substituted ;

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

substituted.

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

Haryana

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

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

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

(c) against serial number 7,—

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

(ii) in item (c), for the words "High Court, Chief Commissioner", the words "Chief

Commissioner" shall be substituted ;

(d) against serial number 8,—

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

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

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

be substituted.

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

Uttar Pradesh

Amendment of Schedule IX of Act no. VII of 1870.—In Schedule II to the Court Fees Act, 1870, as

amended in its application to Uttar Pradesh, in Article I (“Application or petition”)—

(i) in clause (c), in the second column, for sub-clause (2) and the entry relating to it in the third column,

the following sub-clause and entry shall be substituted, namely:-

Col. 2 Col. 3

“(2) Under article 226 or article 227 of

the Constitution, or by way of special

appeal against a judgement or order

including a judgment or order passed on

a petition filed before the

commencement of the Court Fees (Uttar

Pradesh Amendment( act, 1970 passed

by a single Judge of the High Court

thereon.”

One hundred rupees.

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

Provided that –

(i) no court fee shall be payable under clause (c) on an application or petition under section 4591

of the Code of Criminal Procedure, 1898, or under article 226 of the Constitution for writs in the

nature of habeas corpus or in relation to any proceeding relating thereto;

(ii) the court fee payable on an application or petition for adjournment of hearing of any case

shall be double the court fee payable on an ordinary application or petition under clause (b), clause

(c), clause (d) or sub-clause (5) of clause (c), as the case may be,

[Vide Uttar Pradesh Act 34 of 1970, s. 2]