Bombay Court-Fees Act,1959

PREAMBLE

1 [Bombay Court-Fees Act,1959]

(Act, No.36 of 1959)

[This Act received the assent of the President on the 9th June 1959; the assent was first published in the Bombay Gazette, Part IV, on the 16th June 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:--

Footnotes:

1. For Statement of Objects and Reasons. See Bombay Gazette, 1959, Part V, p. 192; for report of Select Committee see ibid., pp. 244- 306.

Chapter : I - PRELIMINARY

1. Short title, extent, commencement and application
(1) This Act may be called the Bombay Court-fees Act, 1959.

(2) It extends to the whole of the1[State of Maharashtra] [For Gujarat State of Gujarat].

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.2

(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 provision to the contrary, nothing in the Act shall affect any special law now in force relating to fees taken in the Courts and public offices.

Footnotes:

1. These words were substituted for the words "State of Bombay" by Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960, and Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960, respectively.

2. This Act came into force from Ist August, 1959, [Notification No. CFA- 1056-II(a), dated 15.7.1959, published in the Bombay Gazette, 1959, Pt. IVB, page 891].

2. Definitions

In this Act, unless the context otherwise requires,--

(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 the1[State of Maharashtra] [for Gujarat--State of Gujarat].

(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.

Footnotes:

1. These words were substituted for the words "State of Bombay" by Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960, and Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960, respectively.

Chapter : II - FEES IN THE HIGH COURT AND IN THE SMALL CAUSES COURT AT BOMBAY

3. Levy of fees in High Court on its original side

The fees payable for the time being to the clerks and officers (other than the sheriffs and attorneys) of the High Court;

or chargeable in the 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 Causes 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.

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

(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 within1[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 if 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 within2[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 Causes Court or by such Judge of the Court as the Chief Judge shall appoint either generally or specially in this behalf.

Footnotes:

1. These words were substituted for the words "sixty days" by Maharashtra 23 of 1960, sec. 2.

2. These words were substituted for the words "sixty days" by Maharashtra Act 28 of 1970, sec. 3.

Chapter : III - COMPUTATION OF FEES
5. Fees on documents filed, etc., in Courts or in public offices

(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 indicated by either of the said Schedules as the proper fee for such document.

(2) When any difference arises between the officer whose duty is to see that any fees 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 within1[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 of 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

within2[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) (Deleted)

Footnotes:

1. These words were substituted for the words "sixty days" by Maharashtra Act 28 of 1970, sec. 3.

2. These words were substituted for the words "sixty days" by Maharashtra Act 23 of 1970, sec. 3.

6. Computation of fees payable in certain suits for money

The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:--

(i) In suit for moneys.--(Including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically)--according to the amount claimed;

(ii) For maintenance and annuities.--In suits for maintenance (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 suit for maintenance the plaintiff obtains a 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;

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

(iv) (a) Against recovery of any money due as a tax, etc.--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 the Arbitration Act, 1940, or in any other manner of one-fourth of ad valorem fee leviable on the amount sought to be recovered according to the scale

prescribed under Article 1 of Schedule I with minimum fee of 1 [sixty 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;

(b) similar claim in respect of movable property.--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 asunder 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;

(c) for status with monetary attribute.--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 in 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 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 offee shall be the full ad valorem fee on such emoluments or value of return;

(d) for ownership etc. of immovable property, etc.--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 be 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 2 [one hundred rupees].

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 3 [sixty 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 4 [one third] 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 provision, 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;

(e) declaration for easements, etc.--In suits for declaration of easement or right to benefits arising out of immovable property, with or without an injunction of other consequential relief, the amount of fee shall be as shown in the Table below:--

14 TABLE 12

Area

Fee

(a) One-fourth of the ad valorem fee leviable for a suit forpossession of the servient tenement or the dominant tenement, whichever is lesssubject to a minimum fee of one hundred rupees

(b) One sixth of the ad valorem fee leviable for a suit forpossession of the servient tenement or the dominate tenement, whichever is lesssubject to a minimum fee of one hundred rupees

(c) One hundred rupees

(a) The area within the limitsof the Municipal Corporation of Brihan Mumbai or the Corporation of the city ofNagpur or any Municipal Corporation constituted under the Bombay ProvincialMunicipal Corporations Act, 1949

(b) Areas within the limits ofMunicipal councils constituted under the Maharashtra Municipal Councils, NagpurPanchayats and Industrial Townships Act, 1965

(c) And other area in the Stateof Maharashtra.

(f) for other status without monetary attribute.--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- 5 [One hundred twenty rupees]:

Provided that where in junction or other consequential relief is also sought in such case, the amount of fee shall be 6 [one hundred fifty rupees];

(g) for charge on property.--Insuits 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 in junction 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;

(h) for periodical money returns.--In suits for declaration in respect of periodical charge or money return in favour of or against the plaintiff-- one-half 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;

7 (ha) for avoidance of salescontract for sale etc. --In suits for declaration that any sale, or contractfor sale or termination of contract for sale, of any movable or immovableproperty is void-- one-half of ad valorem fee leviable on the value of the property;

7 (hb) for avoidance of anacquisition proceeding --In suits for declaration that any proceedings forcompulsory acquisition of any movable or immovable property are void--one-halfof ad valorem fee leviable on the value of the property.

(i) for accounts.--In suits foraccounts-according to the amount at which the relief sought is valued in theplaint or memorandum of appeal, subject to the provisions of section 8 andsubject to a minimum fee of 8 [one hundred rupees].

(j) for other declarations.--Insuits where declaration is sought, with or without injunction or otherconsequential relief and the subject-matter in dispute is not susceptible ofmonetary evaluation and which are not otherwise provided for by this Act 9 [--ad valorem fee payable, as if the amount or value of the subject-matterwas 10 [one thousand rupees].

In all suits under clauses (a)to (i) the plaintiff shall state the amount at which he values the reliefsought, with the reasons for the valuation;

(v) for possession of lands,houses and gardens.--In suits for the possession of land, houses andgardens--according to the value of the subject-matter; and such value shall bedeemed to be, where the subject- matter is a house or garden--according to themarket-value of the house or garden and where the subject-matter is land, and--

(a) where the land is held onsettlement for a period not exceeding thirty years and pays the full assessmentto Government--a sum equal to 11 [forty times] the survey assessment;

(b) where the land is held on apermanent settlement, or on a settlement for any period exceeding thirty years,and pays the full assessment to Government a sum equal to 12 [eighty times] thesurvey assessment;

(c) where the whole or any partof 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 12 [eighty times]the assessment or, the portion of assessment, so remitted:

(vi) to enforce a right ofpre-emption.--In suits to enforce a right of pre- emption according to the value[computed in accordance with paragraph (v) of this section] of the land, houseor garden in respect of which the right is claimed;

(vii) for share in jointproperty.--In suits for partition and separate possession of a share of jointfamily property or of joint property, or to enforce a right to a share in anyproperty on the ground that it is joint family property or joint propertywhether or not the plaintiff is in actual or constructive possession of theproperty of which he claims to be a co- parcener or co-owner according to thevalue of the share in respect of which the suit is instituted;

Explanation.--For the purposesof this paragraph, if the property in which a share is claimed consists of or includesany land assessed to land revenue for the purposes of agriculture, the value ofsuch land shall be deemed to be the value as determined under paragraph (v) ofthis section.

(viii) for interest of assigneeof land revenue.--In suits for the interest of an assignee of land revenue, 13 [fifty times] his net profits as such for the year next before the date ofpresenting the plaint;

(ix) to set aside artattachment.--In suits to set aside an attachment of land or of an interest inland or revenue according to the amount for which the land or interest wasattached:

Provided that, where such amountexceeds the value of the land or interest, the, amount of fee shall be computedas if the suit were for the possession of such land or interest;

(x) to redeem.--In suits againsta mortgagee for the recovery of the property mortgaged, and in suits by amortgagee to foreclose the mortgage.

to foreclose.--or when themortgage is made by conditional sale, to have the sale declared absolute--

according to the principal moneyexpressed to be secured by the instrument of mortgage;

(xi) for specificperformance.--In suits for specific performance,--
(a) of a contract ofsale--according to the amount of the consideration,

Footnotes:

(b) of a contract ofmortgage--according to the amount agreed to be secured,

(c) of a contract oflease--according to the aggregate amount of the fine or premium (if any) and ofthe rent agreed to be paid during the first year of the term,

(d) of an award according to theamount or value of the property in dispute;

(xii) between landlord andtenant.--In the following suits between landlord and tenant:--

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

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

(c) for the delivery by a landlordof a lease,

(d) for the recovery ofimmovable property from a tenant, including a tenant holding over after thedetermination of a tenancy,

(e) to contest a notice ofejectment,

(f) to recover the occupancy ofimmovable property from which a tenant has been illegally ejected by thelandlord, and

(g) for abatement of rent--

according to the amount of therent of the immovable property to which the suit refers, payable for the yearnext before the date of presenting the plaint.

1. These words were substitutedfor the words "thirty rupees' by Mah. 18 of 2002(w e f 1.10.2001)

2. These words were substitutedfor the words "forty rupees' by Mah. 18 of 2002(w e f 1.10.2001)

3. These words were substitutedfor the words "thirty rupee" by Mah. 18 of 2002(w e f 1.10.2001)

4. These words were substitutedfor the words "one sixth" by Mah. 23 of 1996(w e f 21.02.1997)

5. These words were substitutedfor the words "sixty rupees' by Mah. 18 of 2002(w e f 1.10.2001)

6. These words were substitutedfor the words "one hundred rupees' by Mah. 18 of 2002(w e f 1.10.2001)

7. Sub-paragraphs (ha) and(hb)were inserted by Maharashtra Act 9of 1970, sec. 4(a).

8. These words were substitutedfor the words "forty rupees' by Mah. 18 of 2002(w e f 1.10.2001)

9. These words were substitutedfor the words "six hundred rupees' by Mah. 18 of 2002(w e f 1.10.2001)

10. For Maharashtra only.
11. These words were substitutedfor the words "twenty times' by Mah. 18 of

2002(w e f 1.10.2001)

12. These words were substitutedfor the words "forty times" by Mah. 18 of 2002(w e f 1.10.2001)

13. These words were substituted for the words "thirtytimes" by Mah. 18 of 2002(w e f 1.10.2001)

14. This table was substituted by Mah. 18 of 2002(w e f 1.10.2001). 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 claimed1[or challenged by the appellant] by the Appellant.

2[Provided that, where the State Government is an acquiring body, it shall not be liable for payment of fee in such appeals.

Explanation- For the purposes of this sub-section 'amount' means the amount in dispute and it shall not include the amount of statutory benefits.]

(2) The amount of fee payable under this Act on a memorandum of appeal against an award of a Claims Tribunal preferred under section 110-D of the3Motor 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 1 of Schedule 1;

(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,

Footnotes:

without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue.

1. These words were inserted by the Bombay Court Fees (Amendment )Act, 2004, Mah. 22 of 2004(w e f 28.09.2004)

2. Proviso and Explanation added by the Bombay Court Fees (Amendment )Act, 2004, Mah. 22 of 2004(w e f 28.09.2004)

3. Now the Motor Vehicles Act, 1988. 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.

9. Investigation to ascertain proper valuation

(1) For the purpose of an 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 the enquiry.

(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 cost of 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.

10. Power of person 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, respectively, for the purposes of such inquiry or investigation, the powers vested in a court under the Code of Civil Procedure, 1908, in respect of the following matters, namely:--

(a) enforcing the attendance of any person and examining him on oath of 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 228 of the Indian Penal Code.

11. Cost of inquiry as to valuation and refund of excess fee

If the result of an inquiry under section 8 the Court finds that the subject- matter of the suit has been undervalued, the Court may order the party responsible for the under valuation 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.

12. Appointment of inspecting officers and recovery in cases reported by them

(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) It 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 costs determined hereunder, and, if sufficient cause is not shown, the Presiding Officer shall conform 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.

13. Taxing of Court-fees and their recovery in suits for mesne profits or accounts

(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.

Explanation.--For the purpose of this section, "plaintiff" includes any party to a suit to whom any profits or amount are or is found to be due.

14. Decision of questions 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.

15. Refund of fee paid on memorandum of appea

If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the Code of Civil Procedure, 1908, is ordered to be received, or if a suit is remanded in appeal, or any of the grounds mentioned in Rule 23 of Order XLI 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 remand in appeal, the order of remand shall not cover the whole of the subject-matter of the suit, the certificate so granted shall not authorise the appellant to receive back more than so much fee as would have been originally payable on the part or parts of such subject-matter in respect whereof the suit has been remanded.

16. Refund of fee on application for review of judgment

Where an application for review of judgment is presented on or after the1[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.

Footnotes:

1. These words were substituted for the words "ninetieth day" by Maharashtra Act 50 of 1976, sec. 2.

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 reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee payable on any other application to such Court under the Second Schedule to this Act, No.1, clause (c) or clause (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.

1 [17A. Period of limitation forrefund of fees under section 15, 16 or 17

Where certificate is granted toany person under section 15, 16 or 17, no fee thereunder shall be refunded,unless such person presents it to the Collector or such other authority as maybe prescribed by rules, for encashment, within two years from the date of issueof the certificate by the Court.)

Footnotes:

1. For Maharashtra only. 18. Multifarious suits

Where a suit embraces two or more distinct subjects, the plaint or memorandum of appeal shall be chargeable within 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 Code of Civil Procedure, 1908, Schedule 1, Order II, Rule 6.

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 the Code of Criminal Procedure, 1973 the complainant shall pay a fee of1[ten rupees] unless the Court thinks fit to remit such payment.

Footnotes:

1. These words were substituted for the words "two rupees" by Mah. 18 of 2002(w e f 1.10.2001).

20. Exemption of certain documents

(1) Nothing contained in thisAct shall render the following documents chargeable with any fee:--

(i) Power of attorney toinstitute or defend a suit when executed by a member of any of the Armed Forcesof the Union not in civil employment.

(ii) Application for certifiedcopies of documents or for any other purpose in the course of a criminalproceeding presented by or on behalf of the State Government to a criminalCourt.

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

(iv) Probate of a Will, Letterof Administration, and, save as regards debts and securities, a certificateunder Bombay Regulation VIII of 1827 or any corresponding law in force, wherethe amount of value of the property in respect of which the probate or lettersor certificate shall be granted does not exceed one thousand rupees.

(v) Application or petition toCollector or other officer making a settlement of land revenue, or to a Boardof Revenue, or a Commissioner of Revenue, relating to matters connected withthe assessment of land or the ascertainment of rights thereto or interesttherein, if presented, previous of the final confirmation of such settlement.

(vi) Application relating to asupply for irrigation of water belonging to Government.

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

(viii) Application for serviceof notice of relinquishment of land or of enhancement of rent.

(ix) Written authority to anagent to distrain.

(x) Petition, application,charge or information respecting any offence when presented, made or land to orbefore a Police Officer, or to or before the Heads of Villages or the VillagePolice.

(xi) Petition by a prisoner, orother person in duress or under restraint of any Court or its officer.

(xii) Complaint of a publicservant (as defined in the Indian Penal Code,) (XLV of 1860) a municipalofficer, or an officer or servant of a Railway Company.

(xiii) Application for thepayment of money due by Government to the applicant.

(xiv) Petition of appeal againstany municipal tax.

(xv) Application forcompensation under any law for the time being in force relating to theacquisition of property for public purposes, other than those chargeable underArticle 15 of Schedule I.

1 [(2) Nothing contained in thisAct shall render an application to the Court under section 543 of the CompaniesAct, 1956, chargeable with any fee:

Provided that, if the applicantsucceeds, the person, director, managing agent, secretary and treasurer,manager, liquidator or officer of the company concerned against whom an orderis made by the Court under that section, shall be liable to pay the feeleviable 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 ofrecovery, be recoverable as an arrear of land revenue.

Footnotes:

1. Section 20 was renumbered assub-section (1) and sub-section (2) was added by Maharashtra Act 18 of 1960,sec. 2. [for Maharashtra].

Chapter : IV - PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION

21. Relief where too high a Court-fee has been paid

Where any person on applying for the Probate of a Will or Letter of Administration has estimated the property of the deceased to be of greater value than the same has afterwards proved to be, and has consequently paid too high a Court-fee thereon, if within six months after the true value of the property has been ascertained, such person produces the probate or letters to the Chief Controlling Revenue Authority for the local area in which the probate or letters has 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 low required.

the saidauthority 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.

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.

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.

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 hereto before 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 of value of the estate in respect of which a Court-fee was paid on such Probate or Letters of Administration.

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 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 the grant, of five times, or, if it or they, is or are produced after one year from such date of twenty times, such proper Court-fee, without any deduction of the Court-fee originally paid on such probate or letters:

Provided that, if the application be made within six months after the ascertainment of the true value of the estate, and the discovery that too low a Court-fee was at first paid on the probate or letters, and if the said authority is satisfied that such fee was paid in consequence of a mistake or if it is 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.

26. Administrator to give proper security before letters stamped under section 25

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 fully stamped in manner aforesaid until the administrator has given such security to the Court by which the Letter 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.

27. Executors, etc. not paying full Court-fee on probates, etc., within six months after discovery of under payment

Where too low a Court-fee has been paid on any Probate or Letters of Administration in consequence of any mistake, or of its not being known at the time that some particular part of the estate belonged to the deceased, if any executor or administrator acting under such probate or letters does not, within six months after the discovery of the mistake or of any effects not

known at the time to have belonged to the deceased, apply to the said authority and pay what is wanting to make up the Court-fee which ought to have been paid at first on such probate or letters, he shall forfeit the sum of one thousand rupees and also a further sum at the rate of ten per cent, on the amount of the sum wanting to make up the proper Court-fee.

28. 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 in any court other than the 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 the High Court, the High Court shall cause notice of the application to be given to the Chief Controlling Revenue Authority.

(3) The Collector within the local limits of whose revenue jurisdiction the property of the deceased or any part thereof, may at any time inspect or cause to be inspected, and take or cause to be taken copies of, the record of any case in which application for Probate or Letters of Administration has been made; and if, on such inspection or otherwise, he is of opinion that the petitioner has underestimated the value of the property of the deceased, the Collector shall forward his report, giving therein his reasons for his opinion and his estimate of the true valuation, to the Prothonotary of the High Court or the Court, as the case may be, serving at the same lime a copy of his report on the petitioner.

(4) If within thirty days from the date of receipt of the copy of the Collector's report served on him under sub-section (3) the petitioner does not file in Court his objections to the Collector's valuation, the Court shall make an order amending the petitioner's valuation, in accordance with the report of the Collector.

(5) If within the aforesaid period the petitioner files in Court his objection, the Court shall hold, or cause to be held, an inquiry in accordance with the provisions of sections 9, 10 and 11 as if the application were a suit, 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) 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 25.

(7) The State Government may make rules for the guidance of Collectors in the exercise of the powers conferred by sub-section (3).

29. Payment of Court-fee in respect of Probate 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.10 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 report made by the Collector under section 28, sub-section (3).

30. Recovery of penalties, etc.

(1) Any excess fee found to be payable on an inquiry held under section 28 and any penalty or forfeiture under section 27 may, on the certificate of the Chief Controlling Revenue Authority, be recovered from the executor or administrator as if it were an arrear of land revenue by any Collector.

(2) The Chief Controlling Revenue Authority may remit the whole or any part of any such penalty or forfeiture as aforesaid or any part of any penalty under section 25 or of any Court-fee under section 25 in excess of the full Court-fee which ought to have been paid.

31. Sections 5 and 40 not to apply to Probates or Letters of Administration

Nothing in section 5 or section 40 shall apply to Probates or Letters of Administration.

Chapter : V - PROCESS FEES

32. Rules as to costs of processes

The High Court shall make rules as to the following matters:--

(i) the fees chargeable for serving and executing processes issued by such Court in its appellate jurisdiction, and by the other civil and revenue Courts established within the local limits of such jurisdiction;

(ii) the fees chargeable for serving and executing processes issued by the criminal Courts, established within such limits in the case of offences other than offences for which police officers may arrest without a warrant; and

(iii) the remuneration of the peons and all other persons employed by leave of a court in the service or execution of processes.

The High Court may from time to time alter and add to the rules so made.

Confirmation and publication of rules.--All such rules, alterations and additions shall, after being confirmed by the State Government, be published in the Official Gazette and skill thereupon have the force of law.

33. Tables of process fees

A table in the English and regional languages, showing the fees chargeable for such service and execution, shall be exposed to view in a conspicuous part of each court.

34. Number of peons in District and Subordinate Courts

Subject to rules to be made by the High Court and approved by the State Government, every District Judge, the Principal Judge of the Bombay City Civil Court and every Magistrate of a district shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued out of his Court, and each of the Courts subordinate thereto.

Number of peons in mofussil Small Causes Courts.--And for the purposes of this section, every Court of Small Causes established under the Provincial Small Cause Courts Act, 1887, shall be deemed to be subordinate to the Court of the District Judge.

35. Number of peons in Revenue Courts

Subject to rules to be framed by the Chief Controlling Revenue Authority and approved by the State Government, every officer performing the functions of a Collector of a district shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued out of his Court or the Courts subordinate to him.

Chapter : VI - OF THE MODE OF LEVYING FEES
36. Rate of fee in force on date of presentation of document to be applicable

All Ices shall be charged and collected under this Act at the rate in force on the date on which the document chargeable to Court-fees is or was presented.

37. Collection of fees by stamps

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

38. Stamps to be impressed or adhesive

The stamps used to denote any fees chargeable under this Act shall be impressed or adhesive or partly impressed or partly adhesive, as the State Government may, by notification in the Official Gazette from time to time, direct.

39. Rules for supply, number, renewal and keeping accounts of stamps

The State Government may, fromtime to time, make rules for regulating,-- (a) the supply of stamps to beused under this Act,

(b) the number of stamps to beused for denoting any fee chargeable under this Act.

(c) the renewal of damaged orspoiled stamps, and

(d) the keeping accounts of allstamps used under this Act:

Provided that, in the case ofstamps used under section 3 in High Court, such rules shall be made, within theconcurrence of the Chief justice of such Court.

All such rules shall bepublished in the Official Gazette, and shall thereupon have the force of law.

40. Stamping documents inadvertently received

No document which ought to bear a stamp under this Act shall be of any validity, unless and until it is properly stamped.

But, if any such document is through mistake or inadvertence received, filed or used in any court or office without being properly stamped, the Presiding Judge or the Head of the Office, as the case may be, or, in the case of the 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 relating thereto shall be as valid as if it had been properly stamped in the first instance.

41. Amended document

Where any such document is amended in order merely to correct a mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose fresh stamp.

42. Cancellation of stamps

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

Chapter : VII - MISCELLANEOUS 43. Repayment of fee in certain circumstances

(1) When any suit in a Court 1[Maharashtra or any proceeding instituted by presenting a petition to a court under the Hindu Marriage Act, 1955,] is settled by agreement of parties before any evidence is recorded, or any appeal or cross-objection is settled by agreement of parties before it is called on for effective hearing by the Court, half the amount of the fee paid by the plaintiff, 2[petitioner appellant, or respondent on the plaint, 2[petition] appeal or cross-objection, as the case may be, shall be repaid to him by the Court:

Provided that, no such fee shall be repaid if the amount of fee paid does not exceed 3[twenty five rupees] or the claim for repayment is not made

within one year from the date on which the Suit, 2[proceeding,] appeal or cross-objection was settled by agreement.

(2) The State Government may, from time to time, by order, provide for repayment to the plaintiffs, 2[petitioners] 4[complaints under section 138 of the Negotiable Instruments Act, 1881,] appellants or respondents of any part of the fee paid by them on plaints, 2[petitions] 4[complaints under section 138 of the Negotiable Instruments Act, 1881,] appeals or cross-objections, in suits, 4[complaints under section 138 of the Negotiable Instruments Act, 1881,] 2[proceedings] or appeals disposed of under such circumstances and subject to such conditions as may be specified in the order.

Explanation.--For the purpose of this section, effective hearing shall exclude the dates when the appeal is merely adjourned without being heard or argued.

Footnotes:

1. These words were inserted by Maharashtra Act 33 of 1967, section 2(a)(i). 2. These words were inserted by Maharashtra Act 33 of 1967, section 2(a)(i).

section 2 [in Maharashtra].

3. These words were substituted for the words "five rupees" by Maharashtra Act 18 of 2002 (w e f 1.10.2001)

4. Inserted by the Mah. 17 of 2008.
44. Admission in criminal cases of documents for which proper fee has not

been paid

Whenever the filing or exhibition in a criminal Court of a document in respect of which the proper fee has not been paid is, in the opinion of the Presiding Judge, necessary to prevent a failure of justice, nothing contained in section 5 shall be deemed to prohibit such filing or exhibition.

45. Sale of stamps

(1) The State Government may, from time to time, make rules for regulating the sale of stamps to be used under this Act, the person by whom alone such sale is to be conducted, and the duties and remuneration of such persons.

(2) All such rules shall be published in the Official Gazette and shall thereupon have the force of law.

(3) Any person appointed to sell stamps who disobeys any rule made under this section, and any person not so appointed who sells or offers for sale any stamp, shall on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to1[two thousand rupees, but which shall not be less than five hundred rupees] or with both.

Footnotes:

1. These words were substituted for the words "five hundred rupees" by mah. 18 of 2002( w e f 1.10.2001)

46. Power to reduce or remit fees

The State Government may, from time to time, by notification in the Official Gazette, reduce or remit, in the whole or in any part of the territories under its administration all or any of the fees mentioned in the First and Second Schedules to this Act annexed, and may in like manner cancel or vary such order.

47. Saving of fees to certain officers of High Court

Nothing in Chapters II and VI of this Act applies to the fees which any officer of the High Court is allowed to receive in addition to a fixed salary.

1 [47A. Deleted]

Footnotes:

1. Section 47A was deleted by Mah. Act 18 of 2002 (w e f 1.10.2001). 48. Saving as to stamp duties

Nothing in this Act shall be deemed to affect the stamp duties chargeable under any other law for the time being in force relating to stamp duties.

49. Repeal and savings

(1) On the commencement of thisAct, the laws specified in Column 3 of Schedule IV hereto annexed shall berepeated in the manner and to the extent specified in Column 4 thereof:

Provided that, such appeal shallnot affect the previous operation of any of the laws so repealed and anythingdone or any action taken (including any appointment, notification, order, rule,form, application, reference, notice, report or certificate made or issued)under any such law shall, in so far as it is not inconsistent with theprovisions of this Act, be deemed to have been done or taken under the correspondingprovision of this Act and shall continue to be in force accordingly, unless anduntil superseded by anything done or any action taken under this Act:

Provided further that, all thefees shall be charged and collected under this Act at the rate in force on thedate on which the document chargeable to Court-fee is or was presented.

(2) (a) All stamps indenominations of annas four or multiples thereof shall be deemed to be stampsof the value of twenty-five naye paise or, as the case may be, multiplesthereof and valid accordingly.

(b) If any person is possessedof a stamp or stamps in any denominations other than denominations of annasfour or multiples thereof, and such stamp or stamps has or have not beenspoiled, the Collector shall repay to

such person the value of such stamp orstamps in money calculated in accordance with the provisions of sub-section (2)of section 14 of the Indian Coinage Act, 1906, upon such person delivering up,within six months from the commencement of this Act, such stamp or stamps tothe Collector.

50. Amendment of Suits Valuation Acts

On the commencement of this Act, the laws specified in Column 3 of Schedule V thereto annexed shall be amended in the manner and to the extent specified in Column 4 thereof.

51. Reduction of Court-fee from amount of stamp duty payable on final order of preparation (Maharashtra)

Notwithstanding anything contained in the Bombay Stamp Act, 1958, where Court-fee is paid in a suit for partition in accordance with the provisions of clause (vii) of section 6 of this Act.1[the stamp duty] payable on a final order, effecting a partition passed by any Revenue Authority or any civil Court under Article 46 in Schedule I to the Bombay Stamp Act, 1958 shall be reduced by the amount of the Court-fee paid on such suit.

Footnotes:

1. Substituted by Maharashtra Act 34 of 1994.
52. Rules made by Government to be laid before State Legislature

All rules made by the State Government under this Act shall be laid before each House of the State Legislature as soon as may be after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid on the session immediately following.

Number

***** Proper fee

SCHEDULEI Advalorem fees

      

123

        

1 1 [Plaint or memorandum of appeal (not otherwise provided for in this Act) or of cross - objection presented to any Civil or Revenue Court.

When the amount or value of the subject matter in dispute does not exceed 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, upto five

Two hundred rupees.

Twelve rupees.

    

thousand rupees.

When such amount or value exceeds five thousand rupees, for every hundred rupees, or part thereof, in excess of five thousand rupees, upto 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, upto 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, upto thirty thousand rupees.

When such amount or value exceeds thirty thousand rupees, for every two thousand and or part thereof, in excess of thirty thousand rupees upto 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 upto one lakh of rupees.

When such amount or value exceeds one lakh of rupees, for every ten thousand rupees, or part thereof, in excess of one lakh of rupees, upto eleven lakh of rupees.

Fifteen rupees.

Seventy-five rupees.

One hundred rupees.

One hundred rupees.

One hundred and fifty rupees.

Two hundred rupees.

                             

    

When such amount or value exceedselevenlakhofrupees, for every one lakh of rupees, or part thereof, in excess of eleven lakh of rupees :

Provided that, the maximum fee leviable on the plaint or memorandum of appeal or of cross objection shall be three lakh of rupees.]

*****

*****

*****

*****

One thousand and two hundredrupees.

         

2. 2  Plaint in a suit for possession under Section 6 of the Specific Relief Act, 1963

3. 3  Plaint, application or petition (including memorandum of appeal), to set aside or modify any award otherwise than under the Arbitration Act, 1940.

4. 4  Plaint, application or petition (including memorandum of appeal) which is capable of being treated as a suit, to set aside a decree or order having the force of a decree.

5. 5  Plaint in suit, application or petition (including memorandum of appeal), to set aside of appeal to set aside alienation to which the plaintiff, applicant or appellant, as the case may be, was a party, either directly or through a legal guardian other than de facto or ad hoc guardian, manager or partner or court.

6. 6  Plaint in a suit (including memorandum of appeal) for possession between the guardian and ward, trustee and beneficiary, principal and agent, wife and husband. executor or administrator and beneficiary, receiver and owner of property and between

A fee of one-half the amount prescribed in the scale under Article 1.

A fee on the amount or value of the award sought to be set aside or modified, accor- ding to the scale prescribed under Article 1.

The same fee as is leviable on a plaint in a suit to obtain the relief granted in the decree or order, as the case may be.

A fee on the extent of the value of alienation to be set aside, acc- ording to the scale prescribed under Article 1.

A fee of one-half of the amount prescribed in the scale under Article 1.

                   

persons having fiduciary relationship.

7. 7  Any other plaint, application or petition (including memorandum of appeal), to obtain substantive relief capable of being valued in terms of monetary gain or prevention of monetary loss, including cases wherein application or petition is either treated as a plaint or is described as the mode of obtaining the relief as aforesaid.

8. 8  Application for review of judgment if presented on or after the thirtieth day from the date of the decree.

9. 9  Application for review of judgment if presented before the thirtieth day from the date of the decree.

10. 10  Probate of a will or letters of administration with or without will annexed.

*****

A fee on the amount of the monetary gain, or loss to be prevented, according to the scale prescribed under Article 1.

The fee leviable on the plaint or memorandum of appeal.

One-half of the fee leviable on the plaint or memor-andum of appeal.

Two per cent.

Four per cent.

Six per cent.

         

*****

*****

When the amount or value of the property in respect of which the grant of probate or letters is made exceeds one thousand rupees, on the amount or value upto fifty thousand rupees.

When the amount or value of the property in respect of which the grant of probate or letters is made exceeds fifty thousand rupees, on the part of the amount or value in excess of fifty thousand rupees, upto two lakh rupees.

When the amount or value of the property in respect of which the grant of probate or letters is made exceeds two lakh rupees, on the part of the amount or value in excess of two lakh rupees, upto three lakh of rupees.

                   

              

11 Certificate under Part X of the Indian Succession Act, 1925.

When the amount or value of Seven and half per cent, the property in respect of which subject to the
the grant of probate or letters is maximum of 75,000 made exceeds three lakh rupees.

rupees, on the part of the amount or value in excess of three lakh of rupees:

Provided that when, after the grant of a certificate under Part X of the Indian Succession Act, 1925, or under Bombay Regulation VIII of 1827 or any corresponding law for the time being in force, 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.

***** The fee leviable in the case of a probate (Article 10) on the

amount or value of any debt or security speci- fied in the certificate under section 374 of the Act, and 2 [two times] this fee on the amount or value Of any debt or security to which the certificate is ex- tended under section 376 of the Act.

Note.-- (1) The amount of a debt is its Amount Including interest on the day on which the inclusion of the debt in the certificate is applied for, so far as such amount can be

    

ascertained.

(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 me receiving of interest or dividend on, or for the negotiation or transfer of the security, or for the both purposes, the value of the security is its market value on the day on which the inclusion of the security in the certificate is applied for, so far as such value can be ascertained.

         

12 Certificate under Bombay Regulation VIII of ****
1827 or under any corresponding law in
force. cle 10) on the amount

   

13. 13  Plaint presented with an originating summons under the Rules of the High Court of Bombay (Original Side), 1980.

14. 14  8[***]

15. 15  Application to the Collector for a reference ***** to the Court under section 18 of the Land Acquisition Act, 1894, in its application to
    the Bombay area or the Vidarbha gegion of

    the State of Maharashtra ..... or section 14 of the Land Acquisition Act in its application

or value of the property in respect of which the certificate is granted.

The fee leviable on a plaint in a suit or the same relief, subject to a minimum fee 3 [one hundred rupees]

One half of ad valorem fee on the difference, if any, between the amount award- ed by Collector and the amount claimed by the

The fee leviable in the case of a probate (Arti-

     

to the Hyderabad area of that State, as the case may be.

16 Application or petition made by any ***** assessee to the High Court under sub-
section (2) of section 256 of Income Tax,
1961.

applicant, according to the scale prescribed under Article 1 of Schedule I, subject to a minimum fee of 4 [fifty rupees]

One half of ad valo- rem fee leviable on the amount in dispute (namely, the difference be- tween the amount of tax actually assessed and the amount of tax admitted of tax admitted by the assessee as payable by him), subject to the minimum fee of 5 [one hun- dred twenty five rupees.]

Ad-valorem fee Leviable on the amount in dispute, that is, the difference between the amount of tax actually assessed and the amount of tax admitted by the assessee as payable by him, subject to maximum fee of Rs. 10,000.

One half of the ad- valerem fee leviable on the amount of dispute, that is, the difference between the amount of tax actually asse- ssed and the amount of tax admitted by the assessee as payable by him, subject to the maximum of Rs. 5,000.]

One-half of ad valorem

              

6 [16A An appeal filed after the 1st June 1999 and ***** pending before the High Court against the
order passed in appeal by the Appellate
Tribunal, under section 260A(2) of the

Income Tax Act, 1961.

16B An appeal filed after the 1st June 1999 and ***** pending before the High Court against the
order passed in appeal by the Appellate
Tribunal, under section 27A of the Wealth

Tax Act, 1957.

17 Application or petition made by any person *****

        

(other than the Collector or the Commissioner) to the High Court under any provision of the sales tax law for the time being in force in any part of the State of Maharashtra.

fee leviable on the amount in dispute (namely, the difference between the amount of tax actually assessed and the amount of tax admitted by the assessee as payable by him), subject to the minimum fee of 5 [One hundred fifty rupees.]

9 [18

Application or petition containing complaint or charge of an offence under section 138 of the Negotiable Instruments Act, 1881

(A) When the amount of cheque does not exceed ten thousand rupees (B) When the amount of cheque exceeds ten thousand rupees.

Two Hundred rupees Two hundred rupees for every ten thousand rupees or part thereof subject to the maximum of rupees one lakh fifty thousand.]

7 [Table of rates of ad valorem fees leviable on the institution of suits, etc. ]

When the amount or value of the subject-matter exceedsBut does not exceedProper 123

***** 1,000 200 1,000 1,100 212 1,100 1,200 224 1,200 1,300 236 1,300 1,400 248 1,400 1,500 260 1,500 1,600 272 1,600 1,700 284 1,700 1,800 296 1,800 1,900 308 1,900 2,000 320

      

2,000 2,100 332 2,100 2,200 344 2,200 2,300 356 2,300 2,400 368 2,400 2,500 380 2,500 2,600 392 2,600 2,700 404 2,700 2,800 416 2,800 2,900 428 2,900 3,000 440 3,000 3,100 452 3,100 3,200 464 3,200 3,300 476 3,300 3,400 488 3,400 3,500 500 3,500 3,600 512 3,600 3,700 524 3,700 3,800 536 3,800 3,900 548 3,900 4,000 560 4,000 4,100 572 4,100 4,200 584 4,200 4,300 596 4,300 4,400 608 4,400 4,500 620 4,500 4,600 632 4,600 4,700 644 4,700 4,800 656 4,800 4,900 668

4,900 5,000 680 5,000 5,100 695 5,100 5,200 710 5,200 5,300 725 5,300 5,400 740 5,400 5,500 755 5,500 5,600 770 5,600 5,700 785 5,700 5,800 800 5,800 5,900 815 5,900 6,000 830 6,000 6,100 845 6,100 6,200 860 6,200 6,300 875 6,300 6,400 890 6,400 6,500 905 6,500 6,600 920 6,600 6,700 935 6,700 6,800 950 6,800 6,900 965 6,900 7,000 980 7,000 7,100 995

7,100 7,200 7,200 7,300 7,300 7,400 7,400 7,500 7,500 7,600 7,600 7,700 7,700 7,800

1,010 1,025 1,040 1,055 1,070 1,085 1,100

7,800 7,900 7,900 8,000 8,000 8,100 8,100 8,200 8,200 8,300 8,300 8,400 8,400 8,500 8,500 8,600 8,600 8,700 8,700 8,800 8,800 8,900 8,900 9,000 9,000 9,100 9,100 9,200 9,200 9,300 9,300 9,400 9,400 9,500 9,500 9,600 9,600 9,700 9,700 9,800 9,800 9,900 9,900 10,000 10,000 10,500 10,500 11,000 11,000 11,500 11,500 12,000 12,000 12,500 12,500 13,000 13,000 13,500

1,115 1,130 1,145 1,160 1,175 1,190 1,205 1,220 1,235 1,250 1,265 1,280 1,295 1,310 1,325 1,340 1,355 1,370 1,385 1,400 1,415 1,430 1,505 1,580 1,655 1,730 1,805 1,880 1,955

13,500 14,000

14,000 14,500

14,500 15,000

15,000 15,500

15,500 16,000

16,000 16,500

16,500 17,000 17,000 17,500

17,500 18,000 18,000 18,500 18,500 19,000 19,000 19,500 19,500 20,000 20,000 21,000 21,000 22,000 22,000 23,000 23,000 24,000 24,000 25,000 25,000 26,000 26,000 27,000 27,000 28,000 28,000 29,000 29,000 30,000 30,000 32,000 32,000 34,000 34,000 36,000 36,000 38,000 38,000 40,000 40,000 42,000 42,000 44,000

2,030

2,105

2,180

2,255

2,330

2,405

2,480 2,555

2,630 2,705 2,780 2,855 2,930 3,030 3,130 3,230 3,330 3,430 3,530 3,630 3,730 3,830 3,930 4,030 4,130 4,230 4,330 4,430 4,530 4,630

44,000 46,000 46,000 48,000 48,000 50,000 50,000 55,000 55,000 60,000 60,000 65,000 65,000 70,000 70,000 75,000 75,000 80,000 80,000 85,000 85,000 90,000 90,000 95,000 95,000 1,00,000

and the fees increases at the rate of Rs. 200 for every Rs. 10,000 or part there of over Rs. One lakh upto Rupees. 11,00,000 and over Rupees. 11,00,000 at the rate of Rupees 1,200 for every Rupees 1,00,000 or part

4,730 4,830 4,930 5,080 5,230 5,380 5,530 5,680 5,830 5,980 6,130 6,280 6,430

  

thereof,

Rs.

1,00,000 2,00,000 3,00,000 4,00,000 5,00,000 6,00,000 7,00,000 8,00,000

Footnotes:

upto a maximum

Rs.

6,430

8,430 10,430 12,430 14,430 16,430 18,430 20,430

fee of Rupees 3,00,000 for example :-

   

Rs.

9,00,000 10,00,000 11,00,000 12,00,000 13,00,000 14,00,000 15,00,000

Rs.

22,430 24,430 26,430 27,630 28,830 30,030 31,230.00

      

1.Article 1 was substituted by Mah. Ord. 30 of 2001 (w.e.f. 1-10-2001). 2.These words substituted for the words "one and a half times" by Mah. 18 of

2002, (w.e.f. 1-10-2001)

3.These words were substituted for the words "sixty rupees" by Mah. 18 of 2002 (w.e.f. 1-10-2001).

4.These words were substituted for the words "thirty rupees" by Mah. 18 of 2002 (w.e.f. 1-10-2001).

5.These words were substituted for the words "one hundred rupees" by Mah.Ord. 30 of 2001 (w.e.f. 1-10-2001).

6.Article 16A and 16B were inserted by Bombay Court-fees (Amendment) Act No. 26 of2000, (w.e.f. 3-3-200).

7.Table substituted by Mah. Ord. 30 of 2001, (w.e.f. 1-10-2001). 8. Omitted by the Mah. 18 of 1960.
9. Inserted by the Mah. 17 of 2008.

SCHEDULE II Fixed Fees

Number 1 ***** 2 Proper Fee 3

1.	Application or petition	(a) When presented to any officer of the Excise Department or to Ay Magistrate by any person having dealings with the Government, and when the subject-matter of such application relates exclusively to those dealings ;	1 [Five rupee.]
		or when presented to any officer of land-revenue by any person holding temporarily settled land under direct engagement with Government, and when the subject-matter of the application or a 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 that a principal Civil Court of original jurisdiction;

		or to any Court of Small Causes constituted under the Provincial Small Cause Courts Act, 1887, or to a Collector or other officer of revenue or to a public officer in relation to any suit or case in which the amount of 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) Omitted

(ii) 23 [***]

2 [ (c) (i) When containing a complaint or charge of any offence other than the offence under the Negotiable Instrument Act, 1881.

Five rupees

		(d) When presented to any competent authority for the purpose of obtaining a certificate of domicile.	3 [Ten rupees.]
		(e) When presented to a Chief Controlling Revenue Authority or Executive Authority or to a Commissioner of Revenue or to any Chief Officer charged with the executive administration of a division and not otherwise provided for by this Act.	4 [Ten rupees]

(f) When presented to the High Court--

		(i) ..... for directions, orders or writs under article 226 of the Constitution for any purpose other than the enforcement of the fundamental rights conferred by Part III thereof;	5 [One hundred twenty five rupees.]
		(ii) for directions, orders or writs, under article 226 for the enforcement of any of the fundamental rights conferred by Part III of the Constitution or for the exercise of its jurisdiction under article 227 thereof;	6 [Two hundred and fifty rupees.]
		(iii) in any other case not otherwise provided for by this Act.	7 [Twenty rupees.]
2.	Revision application when presented to the High Court under section 25 of the Provincial Small Cause Courts Act, 1887 or section 115 of the Code of Civil Procedure, 1908.		8 [Fifty rupees]
3.	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.	9 [Five rupees] in addition to any fee levied on the Application under clause (a), clause (c) or clause (f) of Article 1 of this Schedule.
4.	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		1 [Five rupee.]

an affidavit made for the immediate purpose of being produced in Court.

5. Application for leave to sue as a pauper.

6. Application for leave to appeal as a pauper.

(a) When presented to a District Court.

3 [Five rupees.] 9 [Five rupees.]

		When presented to a Commissioner or the High Court.	7 [Twenty rupees.]
7.	Plaint or memorandum of appeal in a suit to obtain possession under the Mamlatdars' Courts Act, 1906.		7 [Twenty five rupees.]
8.	Plaint or memorandum of appeal in a suit to establish or disprove a right or occupancy.		3 [Ten rupees.]
9.	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 or Criminal Procedure, 1898, other than section 109 or 110 thereof or under the Code of Civil Procedure, 1908, and not otherwise provided for by this Act.		4 [Ten rupees]
10.	Bail-bonds in criminal cases, recognizance to prosecute and re- cognizance for personal appearance or otherwise.		1 [Five rupee]
11.	Undertaking under section 49 of the Indian Divorce Act, 1869.		4 [Ten rupees.]

12. Mukhtarnama 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;

10 [Ten rupees.]

(b) to the High Court.

4 [Fifteen rupees.]

13.	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 the High Court, or to any Revenue Court or Executive Officer other than the High Court or Chief Controlling Revenue or Executive Authority;	3 [Five rupees.]
		(b) to the Chief Controlling Executive or Revenue Authority;	4 [Ten rupees.]

14. Caveat

16. Memorandum of appeal

(c) to the High Court

11 [ (i) When presented to the High Court.

(a) the State Govt.

7 [Twenty five rupees.]

Fifty rupees.

7 [Twenty rupees.]

		(ii) When presented to the Court other than High Court.	Twenty five Rupees]
15.	Application for permission to cut timber in Government forests, or otherwise relating to such forests.		1 [Five rupee.]

	presented to --	(b) any Forest Officer, where such appeal is provided for, by or under the Indian Forest Act, 1927 or any corresponding law in force.	3 [Four rupee.]
17.	Petition in a suit under the Native Converts' Marriage Dissolution Act, 1866.		12 [One hundred rupees.]

18. Application--

(a) under section 20 of the Arbitration Act, 1940;

13 [Fifty rupees.]

	(b) for probate or letters of administration or for revocation thereof under the Indian succession Act, 1925;	When the amount or value of the estate does not exceed two thousand rupees.	4 [Ten rupees.]
	(c) for a certificate under part X of the Indian Succession Act, 1925 or Bombay Regulation VIII of	When it exceeds two thousand rupees, but does not exceed five thousand	14 [Thirty rupees.]

1827 or any corresponding rupees. law for the time being in
force;

When it exceeds five 15 [Fifty rupees.] thousand rupees.

	(d) for opinion or advice or for discharge from a Trust, or for appointment of new Trustees under sections 34, 72, 73 or 74 of the Indian Trusts Act, 1882;		15 [Fifty rupees.]
	(e) under rule 58 of Order XXI of the Code of Civil Procedure, 1908 regarding a claim to attached property.	When the amount or value of the property exceeds five hundred rupees.	15 [Fifty rupees.]
19.	Agreement in writing stating a question for the opinion fo the Court under the Code of Civil Procedure, 1908.		16 [Seventy five rupees.]
20.	Every petition under Indian Divorce Act, 1869 except petitions under section 44 of that Act and every memorandum of appeal under section 55 of that Act.		17 [One hundred rupees]
21.	Plaint, application, petition, or memorandum of appeal under the Parsi Marriage and Divorce Act, 1936, the Special Marriage Act, 1954 or the Hindu Marriage Act, 1955 :		17 [One hundred rupees]
	Provided that, where in addition to divorce damages are claimed.		A fee as above plus A fee on the amount of dam- ages claimed ac- cording to the scale prescribed under Article 1 Of Schedule I.
22.	Petitions under the Indian Christian Marriage Act, 1872, sections 45 and 48.		4 [Ten rupees.]
23.	Plaint petition or application (including memorandum of appeal) which is capable of being treated as a suit--

(a) for annulment of marriage;

(b) for dissolution of marriage;

(c) in suit for custody of minor;

(d) for restitution of conjugal rights;

(e) for judicial separation;

12 [One hundred rupees]

12 [One hundred rupees]

16 [Seventy Five rupees]

12 [One hundred rupees]

12 [One hundred rupees]

	(f) in or to any Civil Court not otherwise provided for and the subject-matter of which is not capable of being estimated in money value.		Ad valorem fee payable, as if The amount or value of the subject- matter was three hundred rupees.
24.	Copy or translation of a judgment or order not being, or having the force of a decree.	When such judgment or order is given or made by any Civil Court other than the High Court, or by an Revenue Court;	3 [Five rupees.]
		When such judgment or order is given or made by the High Court	4 [Ten rupees.]
25.	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 district Court or High Court, or by any Revenue Court;	4 [Ten rupees.]
		When such decree or order is made by the District Court;	7 [Twenty rupees.]

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

14 [Twenty five rupees.]

26.

Copy of any document (including power of attorney) liable to stamp- duty under the Bombay Stamp Act, 1958 or the Indian Stamp Act, 1899 or any corresponding law in force, as the case may be, 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 7 [Twenty rupee].

1 [Two rupees.]

(b) In any other case.

7 [Twenty rupees.]

27.	Copy of any revenues or judicial proceedings 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.	3 [Five rupee]
28.	Application made under the Bombay Money-lenders Act, 1946 or under any corresponding law in force.	*****	4 [Ten rupees.]
29.	Application presented to any Registration Officer for search of registration records.	*****	3 [Five rupees.]
30.	Appeal or application to the Registrar under section 72 or		3 [Five rupees.]

73, as the case may be, of the Registration Act, 1908

31.	(a) Application for a license under sub-clause (I) of clause (w),		3 [Five rupees.]
	(b) Application for certificate of registration under clause (xa) of sub-section (1) of section 33 of the Bombay Police Act, 1951.
32.	Application or appeal to the Regional or State Transport Authority or the State Government under Chapter V of the Motor Vehicles Act, 1988.		7 [Twenty rupees.]
33.	Election petition questioning the election of a person in respect of the office--
	(a) of Sarpanch or Upa- Sarpanch or member of a panchayat;		8 [Fifty rupees.]

(b) of councilor or member

5 [One hundred

   

of a Municipal Council, Zilla fifty rupees] Parishad, Panchayat Samiti
or such other Local
Authority ;

	(c) of Mayor or Councillor of a Municipal Corporation of Mayor or Deputy Mayor or Councillor of the Corporation of the City of Nagpur or a Municipal Corporation established under the Bombay Provincial Municipal Corporations Act, 1949, or President, Vice-President, Chairman or Deputy Chairman of any local authority referred to in clause (b).		18 [Five hundred rupees.]
34.	Application or petition to the Court under Sections 391, 439 or 522 of the Companies Act, 1956.		5 [Two hundred rupees.]
	Any other application or petition to the Court for Judicial		8 [Forty rupees]
	Action or relief under the said Act, not otherwise provided for under this Act.

35. Application--

	(a) for order of arrest or attachment before judgment or for temporary injunction ;		4 [Ten rupees.]
	(b) for compensation for arrest or attachment before judgment or in respect of temporary injunction obtained on insufficient grounds ;		4 [Ten rupees.
	(c) for the appointment of a receiver in a case in which the applicant has no present right of possession of the property in dispute;		7 [Twenty rupees].
	(d) for setting aside decree passed ex-parte or for review of order dismissing		3 [Five rupees]

suit for default.

36. Appeal or application to the Cooperative Tribunal.

7 [Twenty Five rupees.]

37.	Application made by a party to the Magistrate under section 145 of the Code of Criminal Procedure 1973.		1 [Ten rupees]
38.	Memorandum of appeal, or application for revision or review presented under Chapter XIII of the Maharashtra Land Revenue Code, 1966 to--

(a) Appellate Authority. (b) State Government.

(a) application to the Labour Court under section 25,--

(ii) by a recognised union that the lockout is illegal.

(I) by any union
(ii) by any employee

(I) When by any union
(ii) by any employee
(d) appeal under section 42

7 [Fifty rupees.] 13 [Fifty rupees.]

19 [38A

Application, reference, complaint, appeal or, as the case may be, revision application filed under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971,--

(I) by the employer for declaration that the strike is illegal

Two hundred Fifty rupees.

Hundred rupees.

Fifty rupees Twenty rupees

Fifty rupees. Twenty rupees. Fifty rupees.

(b) Complaint under section 28 of the Labour Court with reference to item 1 of Schedule IV to the Act--

(c) complaint ot the Industrial Court under section 28 regarding any item in Schedule 20 [II, III or IV ]to the Act--

   

and revision under section 44 to the Industrial Court

(e) application filed under section 50

(a) Under section 2(k) section 2 (k)

Twenty rupees.

Two Hundred and fifty rupees.

	(f) other miscellaneous matters not provided in the Act or any of the above entries.....		Twenty rupees.
38B.	Application or reference under the Industrial Dispute Act, 1947--

	(b) to the Labour Court under section 2-A in any dispute or difference between workman and his employer connected with or arising out of discharge, dismissal, retrenchment or termination of the workman.		Fifty rupees
	(c) regarding any strikes and lock-outs to the Labour Court under section 24.		One hundred rupees.
	(d) during the conciliation proceeding under section 33.		Fifty rupees
	(e) in any other miscellaneous cases other than referred above.		Twenty rupees
38C.	Application or reference, under the Bombay Industrial Relations Act, 1946 --
	(a) in arbitration proceeding to the Industrial Court under section 69, 71 and 73A.		Two hundred and fifty rupees
	(b) to the Labour Court under section 78 read with section 79.		Fifty rupees.
	(c) appeals field to the Industrial Court under section 84 or revision applications filed under		Fifty rupees.

section 85.

	(d) in any other miscellaneous cases other than those specified above.		Twenty rupees
38D.	Claim or reference, under section 6A of the Bombay Labour Welfare Fund Act, 1953.		Twenty rupees
38E.	Application or reference under the Payment or Gratuity Act, 1971.		Twenty rupees
38F .	21 [Complaint or Appeal] under the Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969.		Twenty rupees
39.	Save as otherwise provided in this Act or any other law, memorandum of appeal or application for revision or review presented to the State Government under any Provincial or State Act or under any rules or Orders Issued thereunder.		8 [Fifty rupees].

22
[40. in Civil and Criminal Court.

All adjournment applications

   

Footnotes:

1.These words were substituted for the words "One rupees" by Mah. Ord. 30 of 2001, (w.e.f. 1-10-2001).

2.Clause (c) was substituted by Mah. Ord. 30 of 2001, (w.e.f.1-10-2001). 3.These words were substituted for the words "two rupees" by Mah. 18 of

2002, (w.e.f. 1-10-2001).

4.These words were substituted for the words "five rupees" by Mah. Ord. 30 of 2001, (w.e.f. 1-10-2001).

5.These words were substituted for the words "one hundred rupees" by Mah. Ord. 30 of 2001, (w.e.f. 1-10-2001).

6.These words were substituted for the words "Forty rupees" byMah. Ord. 30 of 2001, (w.e.f. 1-10-2001).

7.These words were substituted for the words "Ten rupees" by Mah. Ord. 30 of 2001, (w.e.f. 1-10-2001).

8.These words were substituted for the words "Twenty rupees" by Mah. Ord. 30 of 2001, (w.e.f. 1-10-2001).

9.These words were substituted for the words "Four rupees" by Mah. Ord. 30 of 2001, (w.e.f. 1-10-2001).

10.These words were substituted for 30 of 2001, (w.e.f. 1-10-2001).

11.Column 2 and 3 were substituted 2001).

12.These words were substituted for Ord. 30 of 2001, (w.e.f. 1-10-2001).

13.These words were substituted for 30 of 2001, (w.e.f. 1-10-2001).

14.These words were substituted for 30 of 2001, (w.e.f. 1-10-2001).

15.These words were substituted for Ord. 30 of 2001, (w.e.f. 1-10-2001).

16.These words were substituted for 30 of 2001, (w.e.f. 1-10-2001).

17.These words were substituted for Ord. 30 of 2001, (w.e.f. 1-10-2001).

the words "Three rupees" by Mah. Ord. by Mah. Ord. 30 of 2001, (w.e.f.1-10- the words "Seventy five rupees" by Mah. the words "Thirty rupees" by Mah. Ord. the words "Fifteen rupees" by Mah. Ord. the words "Twenty five rupees" by Mah. the words "Fifty rupees" by Mah. Ord. the words "Seventy rupees" by Mah.

18.These words were substituted for the words "Two hundred rupees" by Mah. Ord. 30 of 2001, (w.e.f. 1-10-2001).

19.Articles 38A, 38B, 38C, 38D, 38E and 38F were inserted by Mah. Ord. 30of 2001, (w.e.f. 1-10-2001).

20. These letters and words substituted by the Bombay Court Fees (Amendment) Act, 2004, Maharashtra Act 22of 2004.(w e f 28.09.2004)

21. These words were substituted for the words "Application or reference" by the Bombay Court Fees (Amendment) Act, 2004, Maharashtra Act 22 of 2004. (w.e.f. 28.09.2004)

22. Articles 40 was inserted by Mah. Ord. 30 of 2001, (w.e.f. 1-10-2001). 23. Omitted by the Mah. 17 of 2008 for the following :-

"(ii) Complaint or charge of an Two hundred offence under section 138 of the Rupees]" Negotiable Instruments Act,
1881.

  

SCHEDULE III FORM OF VALUATION

(See section 29)
Form of valuation (to be used with such modification, if any, as may be necessary)

IN THE COURT OF

Re:--Probate of the Will of the property and credits of......................... (or Administration of), deceased of the property and credits of.

I, ......................... solemnly affirm/make Oath and say that I am the executor (or one of the executors or one of the next of kin of......................... deceased, and that I have truly set forth in Annexure 'A' to this affidavit all the property and credit of which the abovenamed deceased died possessed or was entitled to at the time of his death, and which have come, or are likely to come, to my hands.

2. I further say that I have also truly set forth in Annexure 'B' all the items I am by law allowed to deduct.

3. I further say that the said assets, exclusive only of such last mentioned items but inclusive of all rents, interest, dividends and increased values since the date of the death of the said deceased, are under the value of

ANNEXURE 'A'
Valuation of the Movable and Immovable Property of Deceased

Rs. nP.

   

Cash in the house and at the Banks, household goods, wearing apparel, books, plate, jewels, etc.

(State estimated value according to best of Executor's Administrator's belief)

Property in Government securities transferable at the Public Debt Office.

Immovable property consisting of

   

(State description and value at the price of the day; also the interest separately, calculating it to the time of making the application)

(State description, giving, in the case of houses the assessed value, if any, and the number of years' assessment the market-value is estimated at, and in the case of land, the area, the market-value

  

and all rents that have accrued.)

Leasehold property

Property in public companies

   

(If the deceased held any leases for years determinable, state the number of years' purchase the profit rents are estimated to be worth and the value of such, inserting separately arrears due at the date of death and all rents received or due since that date to the time of making the application.)

(State the particulars and the value calculated at the price of the day, also the interest separately, calculating it to time of making the application).
Policy of insurance upon life, money out on mortgage and other securities, such as bonds, mortgages, bills, notes and other securities for money.
(State the amount of the whole; also the interest separately, calculating it to the time of making the application.)

Book-debts.........................

(other than bad.)

Stock in trade.......... ...............

(State the estimated value, if any)

Other property not comprised under the following heads

ANNEXURE B Schedule of Debts, etc.

Amount of debts due and owing from the deceased, payable by law out of the estate.

Amount of funeral expenses.......................... Amount of mortgage

Rs. nP.

                     

1[(State the particulars of the debts with interest in respect of each debt separately, calculating it to the time of making the application) [for Maharashtra only]

      

   

encumbrances.........................

Property held in trust not beneficially or with general power to confer a beneficial interest.

Other property not subject to duty

Footnotes:

1. This portion was added by Maharashtra 26 of 1986, sec. 2(a). 2. This portion was added by Maharashtra 26 of 1986, sec. (d).

2[(State the particulars of amount of mortgage encumbrances with interest in respect of each mortgage encumbrance separately, calculating it to the time of making the application.)] [for Maharashtra only]

      

Year Number (1) (2)

SCHEDULE IV

(See section 49)

LAWS REPEALED

Law (3)

Extent of Repeal (4)

1870	VII	The Court-fees Act , 1870, in its application to the Pre-Reorganisation State of Bombay, excluding the transferred territories and to the Vidarbha Region and the Kutch area of the State of Bombay	The Whole, in so far as it relates to Entries 3 and 66 of List II and Entry 47 of List III in the Seventh Schedule to the Constitution of India.
1870	VII	The Court-fees Act, 1870, as modified and applied to the Saurashtra	The Whole, in so far as it relates to entries 3 and 66 of List II and Entry
		area of the State of Bombay by the State of Saurashtra (Application of Central and Bombay Act) Ordinance, 1948.	47 of List III in the Seventh Schedule to the Constitution of India.

1324 VI Falsi

The Hyderabad Court-fees Act, in its application to the Hyderabad area of the

The Whole, in so far as it relates to Entries 3

   

State of Bombay.

and 66 of List II and Entry 47 of List III in the Seventh Schedule to the Constitution of India.

1932

II

The Bombay Finance Act, 1932

Section 2A and Part III containing sections 12, 13 and 14.

(See section 50) Year Number Law

Proper Fee.

SCHEDULE V

 

1887	VII	The Suits Valuation Act, 1887, in its application to the Pre-Reorganisation State of Bombay, excluding the transferred territories and to the Vidarbha Region and the Kutch area of the State of Bombay.	In section 9, the words and figures "of the Court-fees Act, 1870, and" shall be deleted.
1887	VII	The Suits Valuation Act, 1887, as modified and applied to the Saurashtra area of the State of Bombay by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948.	In section 9, the words and figures "of the Court-fees Act, 1870, and" shall be deleted.