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WEST BENGAL COURT COURT-FEES ACT, 1970
10 of 1970
[26-2-1970.]
An Act to amend and consolidate the law relating to court-fees in the State of West Bengal. WHEREAS it is expedient to amend and consolidate the law relating to court-fees in the State of West Bengal; It is hereby enacted in the Twenty-first Year of the Republic of India, by the Legislature of West Bengal, as follows :--
SECTION 01: SHORT TITLE, EXTENT AND APPLICATION
(1) This Act may be called the West Bengal Court-fees Act, 1970.
(2) It extends to the whole of the State of West Bengal.
(3) The provisions of this Act shall not apply to fees or stamps relating lo documents presented or to be presented before any officer serving under the Central Government.
(4) Where any other law contains provisions relating to the levy of fee in respect of proceedings under such other law, the provisions of this Act relating to the levy of fee in respect of such proceedings shall apply subject to the said provisions of such other law.
SECTION 02: DEFINITIONS
- In this Act, unless there is anything repugnant in the subject or context,-
(1) "appeal" includes a cross-objection;
(2) "Collector" includes any officer not below the rank of a Sub-Deputy Collector appointed by the Collector to perform the functions of a Collector under this Act;
(3) "Court" means any Civil, Revenue or Criminal Court and includes a Tribunal or other authority having jurisdiction under any local or special law to decide questions affecting the rights of parties;
(4) "suit" includes an appeal from a decree except in section 9-;
(5) expressions used and not defined in this Act or in the Bengal General Clauses Act, 1899, but defined in the Code of Civil Procedure, 1908-, shall have the meanings respectively assigned to them in the said Code.
SECTION 03: LEVY OF FEES IN COURT OF SMALL CAUSES, CALCUTTA
- The fees for the time being chargeable in the Court of Small Causes at Calcutta, and its office shall be collected in the manner hereinafter appearing.
SECTION 04: LEVY OF FEE IN COURTS AND PUBLIC OFFICES
(1) No document which is chargeable with fee under this Act shall-
(i) be filed, exhibited or recorded in, or be acted on or furnished by, any Court including the High Court, or
(ii) be filed, exhibited or recorded in any public office or be acted on 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 as chargeable under this Act : Provided that, 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 Court, necessary to prevent a failure of justice, nothing contained in this section shall be deemed to prohibit such filing or exhibition.1[Provided further that no fees chargeable under this Act shall be payable on documents that may be filed by the State Government in any proceedings before a Civil Court including High Court, Explanation.- For the purposes of this proviso "document" means and includes plaints, memorandum of appeal, petitions and papers of any kind required to be filed in connection with any proceedings before a Civil Court including High Court.]
(2) Notwithstanding anything contained in sub-section (1) or in any other Act, a Court may receive a plaint or memorandum of appeal in respect of which an insufficient fee has been paid subject to the condition that the plaint or memorandum of appeal shall be rejected unless the plaintiff or appellant as the case may be, pays to the Court within a time to be fixed by the Court such reasonable sum on account of court-fees as the Court may direct.
SECTION 05: PROCEDURE IN CASE OF DIFFERENCE AS TO NECESSITY OF AMOUNT OF FEE
(1) In case 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 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 sixty days from the date of the decision, by the suitor or by 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.
(2) When any such difference arises in the Court of Small Causes at Calcutta, the question shall be referred to the Registrar of the Court of Small Causes at Calcutta whose decision shall be final, subject to revision, on application made within sixty days from the date of decision, by the party concerned or such officer as may be appointed in this behalf by the State Government, by the Chief Judge or by such Judge of the Court of Small Causes at Calcutta as the Chief Judge shall appoint either generally or specially in this behalf.
(3) The Chief Justice shall declare who shall be the Taxing Officer within the meaning of sub-section (1) of this section.
SECTION 06: DOCUMENT INADMISSIBLE UNLESS FEES COLLECTED BY STAMP PURCHASED IN WEST BENGAL
- Notwithstanding anything contained in this Act or in any other law for the time being in force, no document of any of the kinds chargeable under this Act shall be filed, exhibited or recorded in any Court including the High Court, or shall be received, furnished or acted upon by any such Court or by any public officer, unless in respect of such document, the stamp referred to in S. 39 has been purchased from a person authorised or appointed to sell stamps in West Bengal.
SECTION 07: COMPUTATION OF FEES PAYABLE IN CERTAIN SUITS
The amount of tee 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;2[Provided that no fee shall be payable in suits for damages for defamation.] for maintenance and annuities;
(ii) In suits for maintenance and annuities or other sums payable periodically- according to the value of the subject matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year :
Provided that In suits by widows for maintenance such value shall be deemed to be the amount claimed to be payable for one year; for 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; for movable property of no market value; (iv) In suits-
(a) for movable property where the subject-matter has no market value, as for instance, in the case of documents relating to title, for declaratory decree and consequential relief;
(b) to obtain a declaratory decree or order, where consequential relief is prayed. for injunction;
(c) to obtain an injunction, for easement;
(d) for a right to some benefit (not herein otherwise provided for) to arise out of land, and for accounts;
(e) 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 11-. In all such suits the plaintiff shall state the amount at which he values the relief sought. For possession of land, buildings or gardens;
(v) In suits for the possession of land, buildings or gardens, not being suits referred to in clause (vi)-
(a) according to the value of the subject-matter, and such value shall be deemed to be fifteen times the net profits which have arisen from the land, building or garden during the year next before the date of presenting the plaint or if the Court sees reason to think that such profits have been wrongly estimated, fifteen times such amount as the Court may assess as such profits or according to the market-value of the land, building or garden, whichever is lower;
(b) if, in the opinion of the Court, such profits are not readily ascertainable or assessable, or where there are no such profits, according to the market-value of the land, building or garden;
Explanation.- In this paragraph "building" includes a house, outhouse, stable, privy, urinal, shed, hut, wall and any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever; for recovery of possession of immovable property;
(vi) In a suit for recovery of possession of immovable property from-
(a) a trespasser, where no declaration of title to property is either prayed for or necessary for disposal of the suit – according to the amount at which the relief sought is valued in the plaint subject to the provisions of section 11-;
(b) a licensee upon revocation or termination of his license,-
(i) where a license fee is payable by the licensee in respect of the immovable property to which the suit refers-according to the amount of the license fee of the immovable property payable for the year next before the date of presenting the plaint, or
(ii) where no such license fee is payable by the licensee - according to the amount at which the relief sought is valued on the plaint subject to the provisions of section 11-; to enforce a right of pre-emption;
(vii) In suits to enforce a right of pre-emption-according to the market value of the land, building or garden in respect of which the right is claimed;
Explanation.- In this paragraph "building" has the same meaning as in paragraph (v); for partition and separate possession of a share of joint family property, etc.;
(viii) In suits for partition and separate possession of a share of joint family property or of a 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 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; for interest of assignee of land-revenue;
(ix) In suits for the interest of an assignee of land-revenue-fifteen times his net profits as such the year next before the date of presenting the plaint; to set aside an attachment;
(x) 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;
(xi) 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;
(xii) In suits for specific performance-
(a) of a contract of sale-according to the amount of the consideration,
(b) of a contract of mortgage-according to the amount agreed to be secured,
(c) of a contract of lease-according to the aggregate amount of the fine or premium (if any) and of the rent agreed to be paid during the first year of the term.
(d) of an award-according to the amount or value of the property in dispute; between landlord and tenant;
(xiii) 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 08: FEE ON MEMORANDUM OF APPEAL AGAINST ORDER RELATING TO COMPENSATION
- The amount of fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for 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.
SECTION 09: STATEMENT OF PARTICULARS OF SUBJECT--MATTER OF SUITS AND PLAINTIFF'S VALUATION THEREOF
In every suit in which an ad valorem 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 and 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 State Government by notification in the Official Gazette. In every such suit the plaintiff shall also, if the Court so directs, file a duplicate copy of the plaint and the said statement.
SECTION 10: PROCEDURE WHERE INSUFFICIENT COURT COURT--FEE IS FILED ON PLAINT OR MEMORANDUM OF APPEAL
(1) In every suit in which a court-fee is payable under this Act on the plaint or memorandum of appeal the Court shall, on the date fixed for the appearance of the opposite party or as soon as may be thereafter, and in every case before proceeding to deliver judgment record a finding whether a sufficient court-fee has been paid.
(2) If the Court records a finding that an insufficient court-fee has been paid on the plaint or memorandum of appeal the Court shall-
(a) stay all further proceedings in the suit until it has determined the proper amount of such court-fee payable and the plaintiff or the appellant, as the case may be, has paid such amount or until the date referred to in clause (b), as the case may be :
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