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BOMBAY COURT FEES ACT 1959
36 of 1959
An Act to consolidate and amend the law relating to fees taken in the Courts and public offices and fees taken in respect of certain matters in the State of Bombay, other than fees falling ; under Entries 77 and 96 of List I in the Seventh Schedule to the Constitution of India. Whereas it is expedient to consolidate and amend the law relating to fees taken in the courts and public offices and fees taken in respect of certain matters in the state of Bombay, other than fees falling under Entries 77 and 96 of List I in the Seventh Schedule to the Constitution of India; It is hereby enacted in the Tenth Year of the Republic of India, as follows
CHAPTER 1: PRELIMINARY:
Section 1: Short title, extent, commencement and application:
Gujarat S.1- Provision is the same as in Maharashtra, except that word 'Maharashtra' is substituted as 'Gujarat'. Hereafter only where there is some difference in words of the provisions, Gujarat provision is noted below the relevant section, else the Act is the same both in Gujarat and Maharashtra. Gujarat In its application to the State of Gujarat, in S. 1(2), for "State of Bombay" the words "State of Gujarat" are substituted-Guj. A.L.O., 1960, Pr. 3 and Sch. (1-5-1960).(1) This Act may be called The Bombay Court-fees Act, 1959.
(2) It extends to the whole of the State of [Maharashtra].
(3) It shall come into force on such date as 'the State Government may, by notification in the Official Gazette, appoint.
(4) The provisions of this Act shall not apply to fees or 'stamps relating to documents presented or to be presented before any officer serving under/the Central Government.
(5) In the absence of any specific provisions to the contrary, nothing in this Act shall affect any special law now in force relating to fees taken in the Courts and public offices.
SECTION 2: Definitions:
In this Act, unless the context otherwise requires.- Gujarat In its application to the State of Gujarat, in S. 2(a), for the "State of bombay", the words "State of Gujarat" are substituted-Guj. A.L.O., 1960, Pr. 3 and Sch. (1-5-1960).(a) "Chief Controlling Revenue Authority" means such officer as the State Government may by notification in the Official Gazette appoint in this behalf for the whole or any part of the [State of Maharashtra;]
(b) "Collector" includes any officer authorised by the Chief Controlling Revenue Authority to perform the functions of a Collector under this Act.
(c) "Plaint" includes a written statement pleading a set-off or counter-claim.
CHAPTER 2: FEES IN THE HIGH COURT AND IN THE COURT OF SMALL CAUSES AT BOMBAY:
SECTION 3: Levy of fees in High Court on its original side:
The fees payable for the time being to he clerks and officers (other than the Sheriffs and attorneys) of the High Court; or chargeable in that Court under No. 10 of the first,and Nos. 11, 14, 17,20 and 21 of the Second Schedule to this Act annexed; Levy of fees in Bombay Small Cause Court.- and the fees for the time being chargeable in the Court of Small Causes at Bombay and its office, shall be collected in manner hereinafter appearing. Gujarat In its application to the State of Gujarat,- (i) in the heading below Chapter II, after the words "High Court", insert the words "and in the Court of Small Causes at Ahmedabad"; (ii) in Section 3, after second paragraph, insert the following paragraph "and the fees for the time being chargeable in the Court of Small Causes of Ahmedabad and its office"; (iii) in the marginal note of Section 3, after the words "original side", insert the words "and in the Court of Small Causes of Ahmedabad", and omit the second marginal note.--Guj. Act 29 of 1962, Ss. 2, 3. (6-9-1962).
SECTION 4: Procedure in case of difference as to necessity or amount of fee:
Gujarat (i) In its application to the State of Gujarat, sub-section (2) which was omitted by Guj. A.L.O., 1960, and inserted by Guj. Act 29 of 1962, S. 4 is practically the same as in Maharashtra with this difference that for the words "of Bombay, the question shall be referred to the Clerk of the Court", words "of Ahmedabad, the question shall be referred to the Registrar" are substituted and for the words "by the Chief Judge of Small Cause Court", words "by the Chief Judge of the said Court of Smal lCauses'' are there- Guj. Act 29 of 1962, S. 4 (6-9-1962). (ii) In Gujarat for the words "within thirty days" read words "within sixty days"; (iii) and for the words "by the Chief Judge of the small Cause Court", read words "by the Chief Judge of the said Court of Small Causes".(1) 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 the High Court, be referred to the taxing officer, whose decision thereon shall be final subject to revision, on an application, made within [thirty days] from the date of the decision, by the suitor or attorney or such officer as may be appointed in this behalf by the State Government, by the Chief Justice or by such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf. The Chief Justice shall declare who shall be taxing officer within the meaning of this sub-section.
(2) When any such difference arises in the Court of Small Causes of Bombay, the question shall be referred to the Clerk of the Court, whose decision thereon shall be final, subject to revision, on an application, made within [thirty days] from the date of the decision by the party concerned or such officer as may be appointed in this behalf by the State Government, by the Chief Judge of the Small Cause Court, or by such Judge of that Court as the Chief Judge shall appoint either generally or specially in this behalf.
CHAPTER 3: COMPUTATION OF FEES:
SECTION 5: Fees on documents filed, etc., in Courts or in public offices:
Gujarat In its application to the State of Gujarat, sub-sections (3) and (5) are as follows "(3) When any such difference arises in Ahmedabad City Civil Court, the question shall be referred to the Registrar of the City Civil Court, whose decision shall be final, subject to revision, on an application made within sixty days from the date of the decision, by the party concerned or such officer as may be appointed in this behalf by the State Government, by the Principal Judge or such other Judge of the said Court as the Principal Judge shall appoint either generally or specially in this behalf." "(5) Nothing in this section shall affect the provisions of the Presidency Small Cause Courts Act, 1882, in its application to the State of Gujarat."-Guj. Act 29 of 1962, S. 5 (6-9-1962).(1) 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 has been paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document.
(2) When any difference arises between the officer whose duty it is to see that any fee is paid under this Act and any suitor or his pleader, as to the necessity of paying a fee or the amount thereof, the question shall, when the question arises in the High Court, be referred to the taxing officer whose decision thereon shall be final, subject to revision, on an application, made within [thirty days] from the date of the decision, by the suitor or his pleader or such officer as may be appointed in this behalf by the State Government, by the Chief Justice or by such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf.
(3) When any such difference arises in the City Civil Court, Bombay, the question shall be referred to the Registrar of the City Civil Court whose decision shall be final, subject to revision, on an application, made within [thirty days] from the date of the decision, by the party concerned or such officer as may be appointed in this behalf by the State Government, by the Principal Judge or such other Judge of the said Court as the Principal Judge shall appoint either generally or specially in this behalf.
(4) When such difference arises in any other Court, the question shall be referred to the final decision of the Judge presiding over such Court.
(5) [* * * * * *]
SECTION 6: Computation of fees payable in certain suits
The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed, as follows Gujarat In its application to the State of Gujarat, in the table below sub-clause (e) of clause (iv) in column 1 - (i) in entry (a) for "Municipal Corporations of Greater Bombay, Ahmedabad, Poona and Nagpur" substitute 'Municipal Corporation of Ahmedabad;" (ii) in entry (b) omit 'Shalopur,' 'Kolhapur,' 'Nasik', 'Thana', 'Dhulia,' 'Jalgaon,' 'Kalyan', 'Akola,' 'Arnraoti,' 'Aurangabad and Jalna;" (iii) in entry (c), for''State of Bombay" substitute "State of Gujarat" - Guj. A. L. 0., 1960, S. 3 and Schedule (1-5-1960). ; For moneys (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 (with or without a prayer for the creation of a charge), and for annuities or other sums payable periodically according to the value of the subject-matter of the suit and such value shall be deemed to be, in the case of a suit for maintenance, the amount claimed to be payable for one year and in any other case, ten times such amount: Provided that if in a suit for maintenance the plaintiff obtained decree for maintenance, the defendant shall be liable to make good the deficit, if any, between the fee payable on ten times the amount awarded for one year and the fee already paid by the plaintiff; and the amount of such deficit shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue;
For other movable property having a market value (iii) In suits for movable property other than money, where the subject-matter has a market-value-according to such value at the date of presenting the plaint; Against recovery of any money due as a tax, etc (iv) (a) In suits for declaration to obtain adjudication against recovery of money from the plaintiff, whether the recovery is as land revenue or arrears of land revenue or tax or duty or cess or fee or fine or penalty or under any decree or order of a Court or any certificate or award other than under (Arbitration Act, 1940). or in any other manner-one-fourth of ad valorem fee leviable on the amount sought to be recovered according to the scale prescribed under Article of Schedule I with a minimum fee of fifteen rupees: Provided that when in addition any consequential relief other than possession is sought, the amount of fee shall be one-half of ad valorem fee on the amount sought to be recovered; Provided further that when the consequential reliefs also sought include a relief for possession, the amount of fee shall be the full ad valorem fee on the amount sought to be recovered; Similar claim in respect of movable property (b) In suits for declaration similar to those falling under sub-paragraph (a) in respect of movable property -one-fourth of ad valorem fee leviable on the value of the movable property subject to the minimum fee as under sub- paragraph (a): Provided that when in addition any consequential relief other than possession is sought, the amount of fee shall be one-half of ad valorem fee leviable on the value of such property : Provided further that when the consequential reliefs also sought include a relief for possession, the amount of fee shall be the full ad valorem fee leviable on such value;
For status with monetary attribute (c) In suits for declaration of the status of plaintiff, to which remuneration, honorarium, grant, salary, income, allowance or return is attached, one-fourth of ad valorem fee leviable on the emoluments or value of return for one year; Provided that when in addition any consequential relief other than possession is sought, the amount of the fee shall be one-half of ad valorem fee on such emoluments or value of return; Provided further that when the consequential reliefs also sought include a relief for possession, the amount of fee shall be the full ad valorem fee on such emoluments or value of return;
For ownership etc., of immovable property etc (d) In suits for declaration in respect of ownership, or nature of tenancy, title, tenure, right, lease, freedom or exemption from, or non-liability to attachment with or without sale or other attributes, of immovable property, such as a declaration that certain land is personal property of the Ruler of any former Indian State or public trust property or property of any class or community-one-fourth of ad valorem fee leviable for a suit for possession on the basis of title of the subject-matter, subject to a minimum fee of eighteen rupees and seventy-five naye paise: Provided that if the question is of attachment with or without sale the amount of fee shall be the ad valorem fee according to the value of the property sought to be protected from attachment with or without sale or the fee of fifteen rupees, whichever is less: Provided further that, where the defendant is or claims under or through a limited owner, the amount of fee shall be one-sixth of such ad valorem fee, subject to the minimum fee specified above: Provided also that in any of the cases falling under this clause except its first proviso, when in addition any consequential relief other than possession is sought the amount of fee shall be one-half of ad valorem fee and when the consequential reliefs also sought include a relief for possession the amount of fee shall be the full ad valorem fee; Declaration for easements etc.- (e) In suits for declaration of easement or right to benefits arising out of immovable property, with or without an injunction or other consequential relief, the amount of fee shall be as shown in the Table below Table
For other status without monetary attribute (f) In suits for declaration of status to which no direct monetary attribute is attached such as a declaration that the plaintiff is a married husband or wife of the defendant or divorced husband or wife of the defendant or a declaration about legitimacy of children or about citizenship rights or about an adoption - thirty rupees. Provided that where injunction or other consequential relief is also sought in such case, the amount of fee shall be fifty rupees;
For charge on property.-(g) In suits for declaration of a charge in favour of the plaintiff on movable or immovable property - one-half of ad valorem fee payable on the charge amount: Provided that where injunction or other consequential relief is also sought in such cases, the amount of fee shall be the full ad valorem fee payable on the charge amount;
For periodical money returns.- (h) In suits for declaration in respect of periodical charge or money return in favour of or against the plaintiff - One-half of ad valorem fee payable on the charge for 5 years if the charge is annual and on the charge for one year if the period of the' charge is less than one year
[For voidance of sale, contract for sale, etc.- (ha) In suits for declaration that any sale, or contract for sale, or termination of contract of sale, of any moveable or immoveable property is void - one-fourth of ad valorem fee leviable on the value, of the property;
For voidance of acquisition proceedings.- (hb) In suits for declaration that any proceedings for compulsory acquisition of any moveable or immoveable property are void - one-fourth of ad valorem fee leviable on the value of the property.]
For accounts (i) In suits for accounts - according to the amount at which the relief sought is valued in the plaint or memorandum of appeal, subject to the provisions of (Section 8), and subject to a minimum fee of twenty rupees;
For other declaration (j) In suits where declaration is sought, with or without injunction or other consequential relief and the subject-matter in dispute is not susceptible of monetary evaluation and which are not otherwise provided for by this Act - [ad valorem fee payable, as if the amount or value of the subject-matter was three hundred rupees;] In all suits under clauses (a) to (i), the plaintiff shall state the amount which he values the relief sought, with the reasons for the valuation;
For possession of lands, houses and gardens.- (v) In suits for the possession of lands, houses and gardens - according to the value of the subject-matter, and such value shall be deemed to be, where the subject-matter is a house or garden - according to the market value of he house or garden and where the subject-matter is land, and- (a) where the land is held on settlement for a period not exceeding thirty years and pays the full assessment to Government - a sum equal to twelve and a half times the survey assessment; (b) where the land is held on a permanent settlement or on a settlement for any period exceeding thirty years, and pays the full assessment to Government - a sum equal to twenty times the survey assessment; and (c) where the whole or any part of the annual survey assessment is remitted - a sum computed under sub-paragraph (a) or sub-paragraph (b), as the case may be, in addition to twenty times the assessment, or the portion of assessment, so remitted;
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 share injoint property.- (vii) In suit for partition and separate possession of a share of joint family property or of joint property, or to enforce a right to a share in any property on the ground that it is joint family property or joint property whether or not the plaintiff is in actual or constructive possession of the property of which he claims to be a coparcener or co-owner - according to the value of the share in respect of which the suit is instituted;
For interest of assignee of land revenue.- (viii) In suits for the interest of an assignee of land revenue, - fifteen times his net profits as such for the year next before the date of presenting the plaint;
To set aside an attachment.- (ix) In suits to set aside an attachment of land or of an interest in land or revenue - according to the amount for which the land or interest was attached: Provided that, where such amount exceeds the value of the land or interest, the amount of fee shall be computed as if the suit were for the possession of such land or interest;
To redeem.- (x) In suits against a mortgagee for the recovery of the property mortgaged, and in suit by a mortgagee to foreclose the mortgage, To foreclose.- or, when the mortgage is made by conditional sale, to have the sale declared absolute- according to the principal money expressed to be secured by the instrument of mortgage;
For specific performance.- (xi) In suits for specific performance- (a) of a contract of sale - according to the amount of consideration. (b) of a contract of mortgage - according to the amount agreed to be secured, (c) of a contract of lease - according to the aggregate amount of the fine or premium (if any) and of the rent agreed to be paid during the first year of the term, (d) of an award - according to the amount or value of the property in dispute;
Between landlord and tenant.- (xii) 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, (d) for the recovery of immovable property from a tenant, including a tenant holding over after the determination of a tenancy, (e) to contest a notice of ejectment, (f) to recover the occupancy of immovable property from which a tenant has been illegally ejected by the landlord, and (g) for abatement of rent- according to the amount of the rent of the immovable property to which the suit refers, payable for the year next before the date of presenting the plaint.
SECTION 7: Fee on memorandum of appeal against order or award relating to compensation in certain cases:
(1) 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 acquisition of land for public purposes shall be computed according to the difference between the amount awarded and the amount claimed by the appellant.
(2) The amount of fee payable under this Act on a memorandum of appeal against an award of a Claims Tribunal preferred under (S.110-D of the Motor Vehicles Act, 1939) shall be computed as follows : (i) If such appeal is preferred by the insurer or owner of the motor vehicle - the full ad valorem fee leviable on the amount at which the relief is valued in the memorandum of appeal according to the scale prescribed under Article of Schedule I; (ii) If such appeal is preferred by any other person-one-half of ad valorem fee leviable on the amount at which the relief is valued in the memorandum of appeal according to the said scale; Provided that if such person succeeds in the appeal, he shall be liable to make good the deficit, if any, between the full ad valorem fee payable on the relief awarded in the appeal according to the said scale and the fee already paid by him; and the amount of such deficit shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue.
SECTION 8: Inquiry as to valuation of suits:
If the Court is of opinion that the subject-matter of any suit has been wrongly valued or if an application is made to the Court for the revision of any valuation made, the Court may revise the valuation and determine the correct valuation and may hold such inquiry as it thinks fit for such purpose.
SECTION 9: Investigation to ascertain proper valuation:
(1) For the purpose of the inquiry under (section 8) the Court may depute, or issue a commission to any suitable person to make such local or other investigation as may be necessary and to report thereon to the Court. Such report and any evidence recorded by such person shall be evidence in inquiry.
(2) The Court may, from time to time, direct such party to the suit as it thinks fit to deposit such sum as the Court thinks reasonable as the costs of the inquiry, and if the costs are not deposited within such time as the Court shall fix, may, notwithstanding anything contained in any other Act, reject the plaint or as the case may be, the appeal, if such party is the plaintiff or the appellant and in any other case, may recover the costs as a public demand : Provided that when any plaint or appeal is rejected under this section the court-fee already paid shall not be liable to be refunded.
SECTION 10: Power of persons making inquiry under sections 8 and 9:
(1) The Court, when making an inquiry under (section 8) and any person making an investigation, under (section 9) shall have repectively for the purposes of such inquiry or investigation, the powers vested in a Court under (Code of Civil Procedure, 1908), in respect of the following matters, namely : (a) enforcing the attendance of any person and examining him on oath or affirmation; (b) compelling the production of documents or material objects; (c) issuing commissions for the examination of witnesses; (d) taking or receiving evidence on affidavits.
(2) An inquiry or investigation referred to in sub-section (1) shall be deemed to be a judicial proceeding within the meaning of (sections 193) and (S. 228 of the Indian Penal Code, 1860).
SECTION 11: Cost of inquiry as to valuation and refund of excess fee:
If in the result of an inquiry under (section 8) the Court finds that the subject-matter of the suit has been under valued, the Court may order the party responsible for the undervaluation to pay all or any part of the costs of the inquiry. If in the result of such inquiry the Court finds that the subject-matter of the suit has not been undervalued the Court may, in its discretion, order that all or any part of such costs shall be paid by Government or by any party to the suit at whose instance the inquiry has been undertaken and if any amount exceeding the proper amount of fee has been paid shall refund the excess amount so paid.
SECTION 12: Appointment of inspecting officers and recovery in cases reported by him:
(1) The State Government may appoint generally, or in any case, or for any specified class of cases in any local area, one or more officers to be called inspecting officers.
(2) The inspecting officer may, subject to the control of the Court concerned examine the records of any case which is pending or has been disposed of, with a view to finding out whether proper fees have been paid therein.
(3) If on such examination, the inspecting officer finds that the fee payable under this Act on any document filed, exhibited or recorded in such case has not been paid or has been insufficiently paid, he shall report the fact to the presiding officer of the Court.
(4) Such presiding officer after satisfying himself of the correctness of such report, shall record a provisional finding that the proper fee has not been paid and determine the amount of the fee payable and such further sum as he thinks reasonable as the costs of the inquiry and the person from whom the fee or the difference thereof, if any, and the costs shall be recoverable.
(5) After recording a finding under sub-section (4), the presiding officer shall issue a notice to the person referred to in that sub-section to show cause why he should not be ordered to pay the fee and the costs determined hereunder, and, if sufficient cause is not shown, the presiding officer shall confirm the finding and make an order requiring such person to pay the proper fee and the costs before a specified date.
(6) If such person fails to pay the fee and the costs in accordance with the provisions of sub-section (5), they shall, on the certificate of such presiding officer, be recoverable as an arrear of land revenue.
SECTION 13: Taxing of court-fee and their recovery in suits for mesne profits or account:
(1) In a suit for the recovery of possession of immovable property and mesne profits or for mesne profits or for an account, the difference, if any, between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount found due shall, on delivery of judgment, be taxed by the Court and shall be leviable from the plaintiff and if not paid by him within thirty days from the date of the judgment be recoverable according to the law and under the rules for the time being in force for the recovery of arrears of land revenue.
(2) The Court shall send a copy of the decree passed in such suit to the Collector.
(3) No decree for mesne profits passed in any such suit by the Court shall be executed, until a certificate to the effect that such difference is paid or recovered, signed by the Court which passed the decree or by the Collector who recovered the amount, is produced along with the application for such execution.
SECTION 14: Decision of question as to valuation:
(1) 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.
(2) But whenever any such suit comes before a Court of appeal, reference or revision, if such Court considers that the said question has been wrongly decided to the detriment of the revenue, it shall require the party by whom such fee has been paid to pay so much additional fee as would have been payable had the question been rightly decided.
SECTION 15: Refund of fee paid on memorandum of appeal:
If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in (Code of Civil Procedure, 1908), is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in (rule 23 of Order 41) in the first Schedule to the same Code for a second decision by the lower Court the Appellate Court shall grant to the appellant a certificate, authorising him to receive back 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.
SECTION 16: Refund of fee on application for review of judgment:
Where an application for review of judgment is presented on or after the [thirtieth day] from the date of the decree, the Court unless the delay was caused by the applicant's laches, may, in its discretion, grant him a certificate authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee which would have been payable had it been presented before such day.
SECTION 17: 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 reverse or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee payable on any other application to such Court under the second Schedule to this Act, No. 1, clause (c) or cl.(f). 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.
SECTION 17A: Period of limitation for refund of fees under section 15, 16 or 17:
[- Where a certificate is granted to any person under (section 15), (Rule 16) or (Rule 17), no fee thereunder shall be refunded, unless such person presents it to the Collector or such other authority as may be prescribed by rules, for encashment, within two years from the date of issue of the certificate by the Court.]
SECTION 18: Multifarious suits:
Where a suit embraces two or more distinct subjects, the plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees to which the plaints or memoranda of appeal in suits embracing separately each of such subjects would be liable under this Act. Nothing in the former part of this section shall be deemed to affect the powers conferred by (Code of Civil Procedure, 1908, (Schedule 1), (Order 2), (Rule 6).
SECTION 19: Written examinations of complainants:
When the first or only examination of a person who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other than an offence for which police officers may arrest without a warrant, and who has not already presented a petition on which a fee has been levied under this Act, is reduced to writing under the provisions of (Code of Criminal Procedure, 1898), the complainant shall pay a fee of one rupee unless the Court thinks fit to remit such payment.
SECTION 20: 20:
Gujarat In its application to State of Gujarat, Section 20 will be as before its amendment in Maharashtra. [(1)] Exemption of certain documents Nothing contained in this Act shall render the following documents chargeable with any fee (i) Power-of-attorney to institute or defend a suit when executed by a member of any of the Armed Forces of the Union not in civil employment. (ii) Application for certified copies of documents or for any other purpose in the course of a criminal proceeding presented by or on behalf of the State Government to a criminal Court. (iii) Written statements called for by the Court after the first hearing of a suit. (iv) Probate of a will, letters of administration, and, save as regards debts and securities, a certificate under Bombay Regulation VIII of 1827 any corresponding law in force, where the amount or value of the property in respect of which the probate or letters or certificates shall be granted does not exceed one thousand rupees. (v) Application or petition to a Collector or other officer making a settlement of land revenue, or to a Board of Revenue, or a Commissioner of Revenue, relating to matters connected with the assessment of land or the ascertainment of rights thereto or interest therein, if presented, previous to the final confirmation of such settlement. (vi) Application relating to a supply for irrigation of water belonging to Government. (vii) Application for leave to extend cultivation, or to relinquish land, when presented to an officer of land revenue by a person holding, under direct engagement with Government, land of which the revenue is settled, but not permanently. (viii) Application for service of notice of relinquishment of land or of enhancement of rent. (ix) Written authority to an agent to distrain. (x) Petition, application, charge or information respecting any offence when presented, made or laid to or before a Police Officer, or to or before the Heads of Villages or the Village Police. (xi) Petition by a prisoner, or other person in duress or under restraint of any Court or its Officer. (xii) Complaint of a public servant (as defined in (Indian Penal Code, 1860), a municipal Officer, or an officer or servant of a Railway Company. (xiii) Application for the payment of money due by Government to the applicant. (xiv) Petition of appeal against any municipal tax. (xv) Applications for compensation under any law for the time being in force relating to the acquisition of property for public purposes, other than those chargeable under Article of Schedule I.
(2) Nothing contained in this Act shall render an application to the Court under (s. 543 of the Companies Act, 1956), chargeable with any fees :
" Provided that, if the applicant succeeds, the person, director, managing agent, secretary and treasurer, manager, liquidator, or officer of the company concerned against whom an order is made by the Court under that section, shall be liable to pay the fee leviable on a plaint in a suit for the same relief as is ordered by the Court; and the amount of such fee shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue.]
CHAPTER 4: PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION:
SECTION 21: 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 valuee than the same has afterwards proved to be, and has consequently paid too high a court-fee theron, if, within six months after the true value of the property has been ascertained, such person produces the probate or letters to the Chief Controlling Revenue Authority for the local area in which the probate or letters have or has been granted, and delivers to such Authority a particular inventory and valuation of the property of the deceased, verified by affidavit or affirmation, and if such Authority is satisfied that a greater fee was paid on the probate or letters than the law required, the said Authority may- (a) cancel the stamp on the probate or letters if such stamp has not been already cancelled;
(b) substitute another stamp for denoting the court-fee which should have been paid thereon; and
(c) make an allowance for the difference between them as in the case of spoiled stamps, or repay the same in money, at his discretion.
SECTION 22: Relief when 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.
SECTION 23: Relief in case of several grants:
Whenever a grant of probate or letters of administration has been or is made in respect of the whole of the property belonging to an estate, and the full fee chargeable under this Act has been or is paid thereon, no fee shall be chargeable under the 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.
SECTION 24: 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 heretobefore 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.
SECTION 25: Provision for case where too low a court-fee has been paid on probates, etc:
Where any person on applying for probate or letters of administration has estimated the estate of the deceased to be of less value than the same has afterwards proved to be, and has in consequence paid too low a court-fee thereon, the Chief Controlling Revenue Authority for the local area in which the probate or letters has or have been granted may, on the value of the estate of the deceased being verified by affidavit or affirmation, cause the probate or letters of administration to be duly stamped on payment of
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