The Maharashtra Court-Fees Act, 1959
Act No. 36 of 1959
mh044
LEGISLATIVE HISTORY 6 |
Chapter I
Preliminary
1. Short title, extent, commencement and application. - (1) This Act may be called [the Maharashtra Court-fees Act]. (2) It extends to the whole of the [State of Maharashtra]. (3) It shall come into force on such [date] as the State Government may, by notification in the Official Gazette, appoint. (4) The provisions of this Act shall not apply to fees or stamps relating to documents presented or to be presented before any officer serving under the Central Government. (5) In the absence of any specific provision to the contrary, nothing in this Act shall affect any special law now in force relating to fees taken in the courts and public offices. 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 the [State of Maharashtra];
(b) "Collector" includes any officer authorised by the Chief Controlling Revenue Authority to perform the functions of a Collector under this Act;
(c) "plaint" includes a written statement pleading, a set-off or counter-claim.
Chapter II
Fees in The High Court and in The Court of Small Causes 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 that Court under No. 10 of the First, and Nos. 11, 14, 17, 20 and 21 of the Second Schedule to this Act annexed; Levy of fees in Bombay Small 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 fees. - (1) When any difference arises between the Officer whose duty it is to see that any fee is paid under this Chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in the High Court, be referred to the taxing officer whose decision thereon shall be final, subject to revision on an application, made within [thirty days] from the date of the decision, by the suitor or attorney or such officer as may be appointed in this behalf by the State Government, by the Chief Justice or by such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf. The Chief Justice shall declare who shall be taxing officer within the meaning of this sub-section. (2) When any such difference arises in the Court of Small Causes of Bombay, the question shall be referred to the Clerk of the Court, whose decision thereon shall be final, subject to revision, on an application, made within [thirty days] from the date of the decision, by the party concerned or such officer as may be appointed in this behalf by the State Government, by the Chief Judge of the Small Causes Court or by such Judge of that Court as the Chief Judge shall appoint either generally or specially in this behalf.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 that indicated by either of the said Schedules as the proper fee for such document. (2) When any difference arises between the officer whose duty it is to see that any fee is paid under this Act and any suitor or his pleader, as to the necessity of paying a fee or the amount thereof, the question shall, when the question arises in the High Court, be referred to the taxing officer whose decision thereon shall be final, subject to revision, on an application, made within [thirty days] from the date of the decision, by the suitor or his pleader or such officer as may be appointed in this behalf by the State Government, by the Chief Justice or by such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf. (3) When any such difference arises in the City Civil Court Bombay the question shall be referred to the Registrar of the City Civil Court whose decision shall be final, subject to revision, on an application, made within [thirty days] from the date of the decision, by the party concerned or such officer as may be appointed in this behalf by the State Government, by the Principal Judge or such other Judge, of the said Court as the Principal Judge shall appoint either generally or specially in this behalf. (4) When such difference arises in any other Court, the question shall be referred to the final decision of the Judge presiding over such Court. (5) [* * * * * * *] 6. Computation of fees payable in certain suits. - The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:(i) for money.
(ii) for maintenance and annuities.
(iii) for other movable property having a market value.
(iv) (a) against recovery of any money due as a tax etc.
(b) similar claim in respect of movable property.
In suits for declaration similar to those falling under sub-paragraph (a) in respect of moveable property one-fourth of ad valorem, fee leviable on the value of the moveable property subject to the minimum fee as under sub-paragraph (a):
Provided that when in addition any consequential relief other than possession is sought, the amount of fee shall be one-half of ad valorem fee leviable on the value of such property: Provided further that when the consequential reliefs also sought include a relief for possession the amount of fee shall be the full ad valorem fee leviable on such value:(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 on the emoluments or value of return for one year: Provided that when in addition any consequential relief other than possession is sought the amount of fee shall be one-half of ad valorem fee on such emoluments or value of return: Provided further that when the consequential reliefs also sought include a relief for possession the amount of fee shall be the full ad valorem fee on such emoluments or value of return:(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 or without sale or other attributes, of immoveable 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 [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 [sixty rupees], whichever is less: Provided further that, whenever the defendant is or claims under or through a limited owner, the amount of fee shall be [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 proviso, when in addition any consequential relief other than possession is sought the amount of fee shall be one-half of ad valorem fee and when the consequential reliefs also sought include a relief for possession the amount of fee shall be the full ad valorem fee;(e) declaration for easements etc.
In suits for declaration of easement or right to benefits arising out of immoveable property, with or without an injunction or other consequential relief, the amount of fee shall be as shown in the Table below:
Area 1 |
Fee 2 |
|
(a) |
The area within the limits of the Municipal Corporations of Brihan Mumbai or the Corporation of the City of Nagpur or any Municipal Corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949. |
One-fourth of the ad valorem fee leviable for a suit for possession of the servient tenement or the dominant tenement, whichever is less, subject to a minimum fee of one hundred rupees. |
(b) |
Areas within the limits of Municipal Councils constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. |
One-sixth of the ad valorem of fee leviable for a suit for possession of the servient tenement or the dominant tenement, whichever is less, subject to a minimum fee of one hundred rupees. |
(c) |
Any other area in the State of Maharashtra. |
One hundred rupees.; |
(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 [one hundred twenty rupees]: Provided that where injunction or other consequential relief is also sought in such case, the amount of fee shall be [one hundred fifty rupees].(g) for charge on property.
In suits for declaration of a charge in favour of the plaintiff on moveable or immoveable property - one-half of ad valorem fee payable on the charge amount: Provided that where injunction or other consequential relief is also sought in such case, 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 of ad valorem fee payable on the charge for 5 years if the charge is annual and on the charge for one year if the period of the charge is less than one year;[(ha) for avoidance of sale, contract for sale, etc.
In suits for declaration that any sale, or contract for sale or termination of contract for sale, of any moveable or immoveable property is void - [one half] of ad valorem fee leviable on the value of the property;(hb) for avoidance of acquisition proceedings.
In suits for declaration that any proceedings for compulsory acquisition of any moveable or immoveable property are void - [one half] of ad valorem fee leviable on the value of the property;](i) for accounts.
In suits for accounts according to the amount at which the relief sought is valued in the plaint or memorandum of appeal, subject to the provisions of section 8, and subject to a minimum fee of [one hundred rupees];(j) for other declarations.
In suits where declaration is sought, with or without injunction or other consequential relief and the subject-matter in dispute is not susceptible of monetary evaluation and which are not otherwise provided for by this Act [ad valorem fee payable, as if the amount or value of the subject-matter was [one thousand rupees] ;] In all suits under clauses (a) to (i) the plaintiff shall state the amount at which the values the relief sought, with the reasons for the valuation;(v) for possession of lands, houses and gardens.
(a) where the land is held on settlement for a period not exceeding thirty years and pays the full assessment to Government a sum equal to [forty times] the survey assessment;
(b) where the land is held on a permanent settlement, or on a settlement for any period exceeding thirty years, and pays the full assessment to Government a sum equal to [eighty times] the survey assessment; and
(c) where the whole or any part of the annual survey assessment is remitted a sum computed under sub-paragraph (a) or sub-paragraph (a) as the case may be, in addition to [eighty times] the assessment or, the portion of assessment, so remitted;
(vi) to enforce a right of pre-emption.
(vii) for share in joint property.
(viii) for interest of assignee of land revenue.
(ix) to set aside an attachment.
(x) to redeem.
(xi) for specific performance.
(a) of a contract of sale - according to the amount of the consideration,
(b) of a contract of mortgage - according to the amount agreed to be secured,
(c) of a contract of lease - according to the aggregate amount of the fine or premium (if any) and of the rent agreed to be paid during the first year of the term,
(d) of an award - according to the amount or value of the property in dispute;
(xii) between landlord and tenant.
(a) for the delivery by a tenant of the counterpart of a lease,
(b) to enhance the rent of a tenant having a right of occupancy,
(c) for the delivery by a landlord of a lease,
(d) for the recovery of immoveable property from a tenant, including a tenant holding over after the determination of a tenancy,
(e) to contest a notice of ejectment,
(f) to recover the occupancy of immoveable property from which a tenant has been illegally ejected by the landlord, and
(g) for abatement of rent-
according to the amount of the rent of the immoveable property to which the suit refers, payable for the year next before the date of presenting the plaint. 7. Fee on memorandum of appeal against order or award relating to compensation in certain cases. - (1) The amount of fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the acquisition of land for public purposes shall be computed according to the difference between the amount awarded and the amount claimed [or challenged] by the Appellant. [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 the [Motor Vehicles Act, 1939], shall be computed as follows:(i) If such appeal is preferred by the insurer or owner of the motor vehicle - the full ad valorem fee leviable on the amount at which the relief is valued in the memorandum of appeal according to the scale prescribed under Article 1 of Schedule I;
(ii) If such appeal is preferred by any other person - one-half of ad valorem fee leviable on the amount at which the relief is valued in the memorandum of appeal according to the said scale:
Provided that, if such person succeeds in the appeal, he shall be liable to make good the deficit, if any, between the full ad valorem fee payable on the relief awarded in the appeal according to the said scale and the fee already paid by him; and the amount of such deficit shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue. 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 the inquiry, and if the costs are not deposited within such time as the Court shall fix, may, notwithstanding anything contained in any other Act, reject the plaint or as the case may be the appeal, if such party is the plaintiff or the appellant and, in any other case, may recover the costs as a public demand: Provided that, when any plaint or appeal is rejected under this section the Court-fee already paid shall not be liable to be refunded. 10. Power of persons making inquiry under sections 8 and 9. - (1) The Court, when making an inquiry under section 8 and any person making an investigation under section 9 shall have 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 or affirmation;
(b) compelling the production of documents or material objects;
(c) issuing commissions for the examination of witnesses;
(d) taking or receiving evidence on affidavits.
(2) An inquiry or investigation referred to in sub-section (1) shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code. 11. Cost of inquiry as to valuation and refund of excess fee. - If in the result of an inquiry under section 8 the Court finds that the subject-matter of the suit has been undervalued, the Court may order the party responsible for the undervaluation to pay all or any part of the costs of the inquiry. If in the result of such inquiry the Court finds that the subject-matter of the suit has not been undervalued the Court may, in its discretion, order that all or any part of such costs, shall be paid by Government or by any party to the suit at whose instance the inquiry has been undertaken and if any amount exceeding the proper amount of fee has been paid shall refund the excess amount so paid. 12. Appointment of Inspecting Officers and recovery in cases reported by them. - (1) The State Government may appoint generally, or in any case, or of any specified class of cases, in any local area, one or more officers to be called inspecting officers. (2) The inspecting officer may, subject to the control of the Court concerned, examine the records of any case which is pending or has been disposed of, with a view to finding out whether proper fees have been paid therein. (3) If on such examination, the inspecting officer finds that the fee, payable under this Act on any document filed, exhibited or recorded in such case has not been paid or has been insufficiently paid, he shall report the fact to the presiding officer of the Court. (4) Such presiding officer, after satisfying himself of the correctness of such report, shall record a provisional finding that the proper fee has not been paid and determine the amount of the fee payable and such further sum as he thinks reasonable as the costs of the inquiry and the person from whom the fee or the difference thereof, if any, and the costs shall be recoverable. (5) After recording a finding under sub-section (4), the presiding officer shall issue a notice to the person referred to in that sub-section to show cause why he should not be ordered to pay the fee and the costs determined hereunder, and, if sufficient cause is not shown, the presiding officer shall confirm the finding and make an order requiring such person to pay the proper fee and the costs before a specified date. (6) If such person fails to pay the fee and the costs in accordance with the provisions of sub-section (5), they shall, on the certificate of such presiding officer, be recoverable as an arrear of land revenue. 13. Taxing of Court-fees and their recovery in suits for mesne profits or account. - (1) In a suit for the recovery of possession of immoveable 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 judgement, 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 judgement 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 appeal. - If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the Code of Civil Procedure, 1908, is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in 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 or by way of e-payment, in the manner as prescribed by rules] 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 the [thirtieth day] from the date of the decree, the Court, unless the delay was caused by the applicant's laches, may, in its discretion, grant him a certificate authorising him to receive back [from the Collector or by way of e-payment, in the manner as prescribed by rules] 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. [16A. Refund of fee where court disposes of suit in view of section 89 of Code of Civil Procedure, 1908. - Where the court refers the parties to the suit to any one of the modes of settlement of dispute referred to in section 89 of the Code of Civil Procedure, 1908 and suit is disposed of by the court by adaptation of any of the modes prescribed under the said section, the plaintiff shall be entitled to a certificate from the court authorising him to receive back from the collector, the full amount of the fee paid in respect of such plaint.] 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 authorising him to receive back [from the Collector or by way of e-payment, in the manner as prescribed by rules] 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. [17A. Period of limitation for refund of fees under sections 15, 16 or 17. - Where certificate is granted to any 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 may be prescribed by rules, for encashment, within two years from the date of issue of the certificate by the Court.] 18. Multifarious suits. - Where a suit embraces two or more distinct subjects, the plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees to which the plaints or memorandum of appeal in suits embracing separately each of such subjects would be liable under this Act. Nothing in the former part of this section shall be deemed to affect the powers conferred by the Code of Civil Procedure, 1908, Schedule I, 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 of [ten rupees] unless the Court thinks fit to remit such payment. 20. Exemption of certain documents. - [(1)] Nothing contained in this Act shall render the following documents chargeable with any fee :(i) Power-of-attorney to institute or defend a suit when executed by a member of any of the Armed Forces of the Union not in civil employment.
(ii) Application for certified copies of documents or for any other purpose in the course of a criminal proceeding presented by or on behalf of the State Government to a Criminal Court.
(iii) Written statements called for by the Court after the first hearing of a suit.
(iv) Probate of a will, letters of administration, and, save as regards debts and securities, a certificate under Bombay Regulation 8 of 1827 or any corresponding law in force, where the amount or value of the property in respect of which the probate or letters or certificate shall be granted does not exceed one thousand rupees.
(v) Application or petition to a Collector or other officer making a settlement of land-revenue, or to a Board of Revenue, or a Commissioner of Revenue, relating to matters connected with the assessment of land or the ascertainment of rights thereto or interest therein, if presented, previous to the final confirmation of such settlement.
(vi) Application relating to a supply for irrigation of water belonging to Government.
(vii) Application for leave to extend cultivation, or to relinquish land, when presented to an officer of land-revenue by a person holding, under direct engagement with Government, land of which the revenue is settled, but not permanently.
(viii) Application for service of notice of relinquishment of land or of enhancement of rent.
(ix) Written authority to an agent to distrain.
(x) Petition, application, charge or information respecting any offence when presented, made or laid to or before a Police Officer, or to or before the Heads of Villages or the Village Police.
(xi) Petition by a prisoner, or other person in duress or under restraint of any Court or its Officer.
(xii) Complaint of a public servant (as defined in the Indian Penal Code), a municipal officer, or an officer or servant of a Railway Company.
(xiii) Application for the payment of money due by Government to the applicant.
(xiv) Petition of appeal against any municipal tax.
(xv) Applications for compensation under any law for the time being in force relating to the acquisition of property for public purposes, other than those chargeable under Article 15 of Schedule I.
[(2) Nothing contained in this Act shall render an application to the Court under section 543 of the Companies Act, 1956, chargeable with any fee: Provided that, if the applicant succeeds, the person, director, managing agent, secretary and treasurer, manager, liquidator or officer of the company concerned against whom an order is made by the Court under that section, shall be liable to pay the fee leviable on a plaint in a suit for the same relief as is ordered by the Court; and the amount of such fee shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue.].Chapter 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 letters of administration has estimated the property of the deceased to be of greater value than the same has afterwards proved to be, and has consequently paid too high a court-fee thereon, if within six months after the true value of the property has been ascertained, such person produces the probate or letters to the Chief Controlling Revenue Authority for the local area in which the probate or letters has or have been granted, and delivers to such Authority a particular inventory and valuation of the property of the deceased, verified by affidavit or affirmation, and if such Authority is satisfied that a greater fee was paid on the probate or letters than the law required, the said Authority may -(a) cancel the stamp on the probate or letters if such stamp has not been already cancelled;
(b) substitute another stamp for denoting the court-fee which should have been paid thereon; and
(c) make an allowance for the difference between them as in the case of spoiled stamps, or repay the same in money, at his discretion.
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 moveable or immoveable property whereof or whereto the deceased was possessed or entitled, either wholly or partially as a trustee, notwithstanding the amount of 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 of letters, and if the said Authority is satisfied that such fee was paid in consequence of a mistake or if its not being known at the time that some particular part of the estate belonged to the deceased, and without any intention of fraud or to delay the payment of the proper court-fee, the said Authority may remit the said penalty, and cause the probate of 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 rupees 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 is, may at any time inspect or cause to be inspected, and take or cause to be taken copies of, the record of any case in which application for probate or letters of administration has been made; and if, on such inspection or otherwise, he is of opinion that the petitioner has underestimated the value of the property of the deceased, the Collector 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 time 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 shall 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 fees 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 or e-payment. - All fees referred to in section 3 or chargeable under this Act shall be collected by stamps or e-payment.] 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, from time to time, make rules for regulating -(a) the supply of stamps to be used under this Act;
(b) the number of stamps to be used for denoting any fee chargeable under this Act;
(c) the renewal of damaged or spoiled stamps; [* * *]
(d) the keeping accounts of all stamps used under this Act;
[(e) the manner of payment of court-fee and refund thereof by e-payment:]
Provided that, in the case of stamps used under section 3 in the High Court, such rules shall be made, with the concurrence of the Chief Justice of such Court. All such rules shall be published in the Official Gazette, and shall thereupon have the force of law. 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 confirm 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. [Provided that, where court-fee is paid by e-payment, the officer competent to cancel stamp shall verify the genuineness of the payment and after satisfying himself that the court-fee is paid, shall lock the entry in the computer and make an endorsement under his signature on the document that the court-fee is paid and the entry is locked.]Chapter VII
Miscellaneous
43. Repayment of fee in certain circumstances. - (1) When any suit in a court [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, [petitioner,] appellant, or respondent on the plaint, [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 [twenty five rupees] or the claim for repayment is not made within one year from the date on which the suit, [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, [petitioners,] [complainants under section 138 of the Negotiable Instruments Act, 1881,] appellants or respondents of any part of the fee paid by them on plaints, [petitions,] [complainants under section 138 of the Negotiable Instruments Act, 1881,] appeals or cross objections, in suits, [complainants under section 138 of the Negotiable Instruments Act, 1881,] [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. 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 persons by whom alone such sale is to be conducted, and the duties and remuneration of such persons. (2) All such rules shall be published in the Official Gazette and shall thereupon have the force of law. (3) 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 to [two thousand rupees, but which shall not be less than five hundred rupees] or with both. 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. 47A. [* * *] 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 saving. - (1) On the commencement of this Act, the laws specified in column 3 of Schedule IV hereto annexed shall be repealed in the manner and to the extent specified in column 4 thereof: Provided that, such repeal shall not affect the previous operation of any of the laws so repealed and anything done 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 the provisions of this Act, be deemed to have been done or taken under the corresponding provision of this Act and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act: Provided further that, all the fees shall be charged and collected under this Act at the rate in force on the date on which the document chargeable to court-fee is or was presented. (2) (a) All stamps in denominations of annas four or multiples thereof shall be deemed to be stamps of the value of twenty-five naya paise or, as the case may be, multiples thereof and valid accordingly.(b) If any person is possessed of a stamp or stamps in any denominations other than denominations of annas four or multiples thereof, and such stamp or stamps has or have not been spoiled, the Collector shall repay to such person the value of such stamp or stamps in money calculated in accordance with the provisions of subsection (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 to the 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 partition]. - 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, [the stamp duty] payable on a final order for effecting a partition passed by any Revenue Authority or any Civil Court under article 46 in Schedule I of the Bombay Stamp Act, 1958, [shall be reduced by the amount of the court-fee paid in such suit]. 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 or the session immediately following.Schedule I
Ad valorem fees
When the amount or value of the subject matter
in dispute does not |
Two hundred rupees. |
|
|
When such amount or value exceeds one thousand
rupees, for every |
Twelve rupees. |
|
When such amount or value exceeds five thousand
rupees, for |
Fifteen rupees. |
|
When such amount or value exceeds ten thousand
rupees, for every five |
Seventy five rupees. |
|
When such amount or value exceeds twenty
thousand rupees, for every |
One hundred rupees. |
|
When such amount or value exceeds thirty
thousand rupees, for every two |
One hundred rupees. |
|
When such amount or value exceeds fifty thousand
rupees, for every two |
One hundred rupees. |
|
When such amount or value exceeds one lakh of
rupees, for every ten |
Four hundred rupees. |
|
When such amount or value exceeds ten lakh of
rupees, for every one |
Four thousand five hundred rupees. |
|
When such amount or value exceeds twenty-five
lakh of rupees, for every |
Five thousand rupees.”; |
|
Provided that, the maximum fee leviable on the plaint or memorandum of appeal or of cross objection shall be ten lakh of rupees.] |
|
2. Plaint in a suit for possession under [Section 6 of the Specific Relief Act, 1963] |
|
|
|
A fee of one-half the amount prescribed in the scale under Article 1. |
3. Plaint, application or petition (including memorandum of appeal), to set aside or modify any award [* * *] |
|
….... |
|
A fee on the amount or value of the award sought to be set aside or modified, according to the scale prescribed under Article 1. |
|
|
|||
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. |
|
….... |
|
The same fee as is leviable on a plaint in a suit to obtain in a suit to obtain the relief granted in the decree or order, as the case may be. |
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 guardina manager or partner or court. |
|
….... |
|
A fee on the extent of the value of alienation to be set aside, according to the scale prescribed under Article 1. |
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 persons having fiduciary relationship. |
|
….... |
|
A fee of one-half of the amount prescribed in the scale under Article.1 |
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. |
|
….... |
|
A fee on the amount of the monetary gain, or loss to be prevented, according to the scale prescribed to the scale prescribed under Article. 1 |
8. Application for review of judgment if presented on or after the These [thirtieth day] from the date of the decree. |
|
….... |
|
The free leviable on the plaint or memorandum of appeal. |
9. Application for review of judgment if presented before the [thirtieth day] from the date of the decree. |
|
….... |
|
One-half of the fee leviable on the fee leviable on the plaint or memorandum of appeal. |
[10. Probate of a will or letters of
administration |
When the amount or value of the property in
respect of which the grant |
Two percent |
|
When the amount or value of the property in
respect of which the grant |
Four percent. |
|
When the amount or value of the property in
respect of which the grant |
Six percent. |
|
When the amount or value of the property in
respect of which the grant |
Seven and half per cent. |
|
When the amount or value of the property in
respect of which the grant |
Nine per cent. subject to the maximum of 3,00,000 rupees. |
|
Provided that when, after the grant of a certificate under Part X of the Indian Succession Act, 1925, or under the 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 later grant shall be reduced by the amount of the fee paid in respect of the former grant.] |
|
11. Certificate under Part X of the Indian Succession Act, 1925. |
|
….... |
|
The fee leviable in the case of a probate (Article 10) on the amount or value of any debt or security specified in the certificate under Section 374 of the Act, and [two times] this fee on the amount or value of any debt or security to which the certificate is extended 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 the 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 8 of 1827 or under any corresponding law in force. |
|
….... |
|
The fee leviable in the case of a probate (Article 10) on the amount or value of the property in respect of which the certificate is granted. |
13. Plaint presented with an originating summons under the Rules of the High Court of Bombay (Original Side), [1980]. |
|
….... |
|
The fee leviable on a plaint in a suit or the same relief, subject to a minimum fee of [[Two hundered rupees]]. |
14. [* * * * *] |
|
|
|
|
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 region [of the State of Maharashtra] [* *] or section 14 of the Land Acquisition Act in its application to the Hyderabad area of that State, as the case may be. |
|
….... |
|
One half of ad-valorem fee on the difference, if any, between the amount awarded by the Collector and the amount claimed by the applicant, according to the scale prescribed under Article 1 of Schedule I, subject to a minimum fee of [[two hundered rupees]]. |
16. Application or petition made by any assessee to the High Court [under subsection (2) of section 256 of Income Tax Act, 1961]. |
|
….... |
|
One half of ad valorem 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 [[Two hundered 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. 20,000]. |
||
|
|
[One half of the ad-valorem fee leviable on the amount of 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 the maximum of [Rs. 10,000]] |
||
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] |
|
….... |
|
One-half of ad valorem fee leviable on the amount 1 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 [[Two hundered rupees]]. |
[[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. |
|
Four hundred rupees. |
|
|
(B) When the amount of cheque exceeds ten thousand rupees. |
|
Three hundred rupees for every ten thousand rupees or part thereof subject to the maximum of rupees three lakh.] |
[Table of rates of ad valorem fees leviable on the institution of suits.]
When the amount or value of the subject matter exceeds. |
But does not exceed. |
Proper fee. |
(1) |
(2) |
(3) |
Rs. |
Rs. |
Rs. |
... |
1000 |
200 |
1000 |
1100 |
212 |
1100 |
1200 |
224 |
1200 |
1300 |
236 |
1300 |
1400 |
248 |
1400 |
1500 |
260 |
1500 |
1600 |
272 |
1600 |
1700 |
284 |
1700 |
1800 |
296 |
1800 |
1900 |
308 |
1900 |
2000 |
320 |
2000 |
2100 |
332 |
2100 |
2200 |
344 |
2200 |
2300 |
356 |
2300 |
2400 |
368 |
2400 |
2500 |
380 |
2500 |
2600 |
392 |
2600 |
2700 |
404 |
2700 |
2800 |
416 |
2800 |
2900 |
428 |
2900 |
3000 |
440 |
3000 |
3100 |
452 |
3100 |
3200 |
464 |
3200 |
3300 |
476 |
3300 |
3400 |
488 |
3400 |
3500 |
500 |
3500 |
3600 |
512 |
3600 |
3700 |
524 |
3700 |
3800 |
536 |
3800 |
3900 |
548 |
3900 |
4000 |
560 |
4000 |
4100 |
572 |
4100 |
4200 |
584 |
4200 |
4300 |
596 |
4300 |
4400 |
608 |
4400 |
4500 |
620 |
4500 |
4600 |
632 |
4600 |
4700 |
644 |
4700 |
4800 |
656 |
4800 |
4900 |
668 |
4900 |
5000 |
680 |
5000 |
5100 |
695 |
5100 |
5200 |
710 |
5200 |
5300 |
725 |
5300 |
5400 |
740 |
5400 |
5500 |
755 |
5500 |
5600 |
770 |
5600 |
5700 |
785 |
5700 |
5800 |
800 |
5800 |
5900 |
815 |
5900 |
6000 |
830 |
6000 |
6100 |
845 |
6100 |
6200 |
860 |
6200 |
6300 |
875 |
6300 |
6400 |
890 |
6400 |
6500 |
905 |
6500 |
6600 |
920 |
6600 |
6700 |
935 |
6700 |
6800 |
950 |
6800 |
6900 |
965 |
6900 |
7000 |
980 |
7000 |
7100 |
995 |
7100 |
7200 |
1010 |
7200 |
7300 |
1025 |
7300 |
7400 |
1040 |
7400 |
7500 |
1055 |
7500 |
7600 |
1070 |
7600 |
7700 |
1085 |
7700 |
7800 |
1100 |
7800 |
7900 |
1115 |
7900 |
8000 |
1130 |
8000 |
8100 |
1145 |
8100 |
8200 |
1160 |
8200 |
8300 |
1175 |
8300 |
8400 |
1190 |
8400 |
8500 |
1205 |
8500 |
8600 |
1220 |
8600 |
8700 |
1235 |
8700 |
8800 |
1250 |
8800 |
8900 |
1265 |
8900 |
9000 |
1280 |
9000 |
9100 |
1295 |
9100 |
9200 |
1310 |
9200 |
9300 |
1325 |
9300 |
9400 |
1340 |
9400 |
9500 |
1355 |
9500 |
9600 |
1370 |
9600 |
9700 |
1385 |
9700 |
9800 |
1400 |
9800 |
9900 |
1415 |
9900 |
10000 |
1430 |
10000 |
10500 |
1505 |
10500 |
11000 |
1580 |
11000 |
11500 |
1655 |
11500 |
12000 |
1730 |
12000 |
12500 |
1805 |
12500 |
13000 |
1880 |
13000 |
13500 |
1955 |
13500 |
14000 |
2030 |
14000 |
14500 |
2105 |
14500 |
15000 |
2180 |
15000 |
15500 |
2255 |
15500 |
16000 |
2330 |
16000 |
16500 |
2405 |
17000 |
17500 |
2555 |
17500 |
18000 |
2630 |
18000 |
18500 |
2705 |
18500 |
19000 |
2780 |
19000 |
19500 |
2855 |
19500 |
20000 |
2930 |
20000 |
21000 |
3030 |
21000 |
22000 |
3130 |
22000 |
23000 |
3230 |
23000 |
24000 |
3330 |
24000 |
25000 |
3430 |
25000 |
26000 |
3530 |
26000 |
27000 |
3630 |
27000 |
28000 |
3730 |
28000 |
29000 |
3830 |
29000 |
30000 |
3930 |
30000 |
32000 |
4030 |
32000 |
34000 |
4130 |
34000 |
36000 |
4230 |
36000 |
38000 |
4330 |
38000 |
40000 |
4430 |
40000 |
42000 |
4530 |
42000 |
44000 |
4630 |
44000 |
46000 |
4730 |
46000 |
48000 |
4830 |
48000 |
50000 |
4930 |
50000 |
55000 |
5130 |
55000 |
60000 |
5330 |
60000 |
65000 |
5530 |
65000 |
70000 |
5730 |
70000 |
75000 |
5930 |
75000 |
80000 |
6130 |
80000 |
85000 |
6330 |
85000 |
90000 |
6530 |
90000 |
95000 |
6730 |
95000 |
100000 |
6930 |
100000 |
110000 |
7330 |
110000 |
120000 |
7730 |
120000 |
130000 |
8130 |
130000 |
140000 |
8530 |
140000 |
150000 |
8930 |
150000 |
160000 |
9330 |
160000 |
170000 |
9730 |
170000 |
180000 |
10130 |
180000 |
190000 |
10530 |
190000 |
200000 |
10930 |
200000 |
210000 |
11330 |
210000 |
220000 |
11730 |
220000 |
230000 |
12130 |
230000 |
240000 |
12530 |
240000 |
250000 |
12930 |
250000 |
260000 |
13330 |
260000 |
270000 |
13730 |
270000 |
280000 |
14130 |
280000 |
290000 |
14530 |
290000 |
300000 |
14930 |
300000 |
310000 |
15330 |
310000 |
320000 |
15730 |
320000 |
330000 |
16130 |
330000 |
340000 |
16530 |
340000 |
350000 |
16930 |
350000 |
360000 |
17330 |
360000 |
370000 |
17730 |
370000 |
380000 |
18130 |
380000 |
390000 |
18530 |
390000 |
400000 |
18930 |
400000 |
410000 |
19330 |
410000 |
420000 |
19730 |
420000 |
430000 |
20130 |
430000 |
440000 |
20530 |
440000 |
450000 |
20930 |
450000 |
460000 |
21330 |
460000 |
470000 |
21730 |
470000 |
480000 |
22130 |
480000 |
490000 |
22530 |
490000 |
500000 |
22930 |
500000 |
510000 |
23330 |
510000 |
520000 |
23730 |
520000 |
530000 |
24130 |
530000 |
540000 |
24530 |
540000 |
550000 |
24930 |
550000 |
560000 |
25330 |
560000 |
570000 |
25730 |
570000 |
580000 |
26130 |
580000 |
590000 |
26530 |
590000 |
600000 |
26930 |
600000 |
610000 |
27330 |
610000 |
620000 |
27730 |
620000 |
630000 |
28130 |
630000 |
640000 |
28530 |
640000 |
650000 |
28930 |
650000 |
660000 |
29330 |
660000 |
670000 |
29730 |
670000 |
680000 |
30130 |
680000 |
690000 |
30530 |
690000 |
700000 |
30930 |
700000 |
710000 |
31330 |
710000 |
720000 |
31730 |
720000 |
730000 |
32130 |
730000 |
740000 |
32530 |
740000 |
750000 |
32930 |
750000 |
760000 |
33330 |
760000 |
770000 |
33730 |
770000 |
780000 |
34130 |
780000 |
790000 |
34530 |
790000 |
800000 |
34930 |
800000 |
810000 |
35330 |
810000 |
820000 |
35730 |
820000 |
830000 |
36130 |
830000 |
840000 |
36530 |
840000 |
850000 |
36930 |
850000 |
860000 |
37330 |
860000 |
870000 |
37730 |
870000 |
880000 |
38130 |
880000 |
890000 |
38530 |
890000 |
900000 |
38930 |
900000 |
910000 |
39330 |
910000 |
920000 |
39730 |
920000 |
930000 |
40130 |
930000 |
940000 |
40530 |
940000 |
950000 |
40930 |
950000 |
960000 |
41330 |
960000 |
970000 |
41730 |
970000 |
980000 |
42130 |
980000 |
990000 |
42530 |
990000 |
1000000 |
42930 |
1000000 |
1100000 |
47430 |
1100000 |
1200000 |
51930 |
1200000 |
1300000 |
56430 |
1300000 |
1400000 |
60930 |
1400000 |
1500000 |
65430 |
1500000 |
1600000 |
69930 |
1600000 |
1700000 |
74430 |
1700000 |
1800000 |
78930 |
1800000 |
1900000 |
83430 |
1900000 |
2000000 |
87930 |
2000000 |
2100000 |
92430 |
2100000 |
2200000 |
96930 |
2200000 |
2300000 |
101430 |
2300000 |
2400000 |
105930 |
2400000 |
2500000 |
110430 |
Rs. |
Rs. |
Rs. |
Rs. |
2500000 |
110430 |
3300000 |
150430 |
2600000 |
115430 |
3400000 |
155430 |
2700000 |
120430 |
3500000 |
160430 |
2800000 |
125430 |
3600000 |
165430 |
2900000 |
130430 |
3700000 |
170430 |
3000000 |
135430 |
3800000 |
175430 |
3100000 |
140430 |
3900000 |
180430 |
3200000 |
145430 |
4000000 |
185430 |
Fixed fees
Number |
.... |
Proper fee |
(1) |
(2) |
(3) |
1. Application or petition. |
(a) When presented to any officer of Excise Department or to any Magistrate by any person having dealings with the Government, and when the subject-matter of such application relates exclusively to those dealings; or when presented to any officer of land-revenue by any person holding temporarily settled land under direct engagement with Government, and when the subject-matter of the application or petition relates exclusively to such engagement; or when presented to any Municipal Commissioner under any Act for the time being in force for the conservancy or improvement of any place, if the application or petition relates solely to such conservancy or improvement; or when presented to any Civil Court other than a principal Civil Court of Original jurisdiction; or to any Court of Small Causes constituted under the Provisional Small Causes 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 subject-matter is less than fifty rupees ; or when presented to any Civil, Criminal or Revenue Court, or any Board or executive officer for the purpose of obtaining a copy or translation of any judgement, decree or order passed by such Court, Board or officer, or of any other document on record in such Court or office. |
Twenty-five rupees. |
|
(b) When containing a complaint or charge of any offence other than the offence under the Negotiable Instruments Act, 1881. |
Twenty-five rupees. |
|
(c) When presented to any competent authority for the purpose of obtaining a certificate of domicile. |
Twenty rupees. |
|
(d) When presented to a Chief Controlling Revenue 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. |
Fifty rupees. |
|
(e) When presented to the High Court- |
Six 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. |
One thousand two hundred and fifty rupees. |
|
(iii) in any other case not otherwise provided for by this Act. |
One hundred rupees. |
2. Revision application when presented to the fifty High Court under section 25 of the Provincial Small Causes Courts Act, 1887 or section 115 of the Code of Civil Procedure, 1908. |
|
Two hundred 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 the opinion that the transmission of such records involves the use of the post. |
Twenty-five rupees in addition to any fees levied on the application under clause (a), clause (b) or clause (e) 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 an affidavit made for the immediate purpose of being produced in Court. |
.... |
Twenty-five rupees. |
5. Application for leave to sue as a pauper. |
.... |
Twenty-five rupees. |
6. Application for leave to appeal as a pauper. |
(a) When presented to a District Court. |
Twenty-five rupees. |
|
(b) When presented to a Commissioner or the High Court. |
One hundred rupees. |
7. Plaint or memorandum of appeal in a suit to obtain possession under the Mamlatdar’s Courts Act, 1906. |
.... |
One hundred twenty-five rupees. |
8. Plaint or memorandum of appeal in a suit to establish or disprove a right of occupancy. |
.... |
Fifty rupees. |
9. Bail-bond or other instrument of obligation given in pursuance of an order made by a Court or Magistrate under the Code of Criminal Procedure, 1973, or under the Code of Civil Procedure, 1908. |
.... |
Twenty rupees. |
10. All other bail-bonds given under the Code of Criminal Procedure, 1973, and re-cognizance to prosecute and re-cognizance for personal appearance or otherwise. |
.... |
Ten rupees. |
11. Undertaking under section 49 of the Indian Divorce Act, 1869 |
..... |
Fifty rupees. |
12. Mukhtarnama or Wakalat-nama. |
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 ; |
Twenty rupees. |
|
(b) to the High Court. |
Thirty rupees. |
13. Memorandum of appeal when the appeal is not from the 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 ; |
Twenty-five rupees. |
|
(b) to the Chief Controlling Executive or Revenue Authority. |
Fifty rupees. |
|
(c) to the High Court. |
One hundred twenty-five rupees. |
14. Caveat … |
(i) When presented to the High Court. |
Two hundred fifty rupees. |
|
(ii) When presented to the Court other than High Court. |
One hundred twenty-five rupees. |
15. Application for permission to cut timber in Government forests, or otherwise relating to such forests. |
.... |
Twenty-five rupees. |
16. Memorandum of appeal presented to- |
.... |
|
(a) the State Government |
.... |
One hundred rupees. |
(b) any Forest Officer, where such appeal is provided for, by or under the Indian Forest Act, 1927 or any other corresponding law in force. |
.... |
Twenty rupees. |
17. Petition in a suit under the Native Converts’ Marriage Dissolution Act, 1866. |
.... |
Five hundred rupees. |
18. Application- |
|
|
(a) under section 20 of the Arbitration Act, 1940 or fifty section 8 of the Arbitration and Conciliation Act, 1996. |
.... |
Two hundred 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 ten thousand rupees. |
Fifty rupees. |
(c) for a certificate under part X of the Indian Succession Act, 1925, or the Bombay Regulation VIII of 1827 or any corresponding rupees. rupees. law for the time being in force. |
When it exceeds ten thousand rupees, but does not exceed fifty thousand rupees. |
Two hundred fifty rupees. |
When it exceeds fifty thousand rupees |
Five hundred rupess |
|
(d) for opinion or advice or for the discharge from a Trust, or for appointment of new Trustees under section 34, 72, 73 or 74 of the Indian Trusts Act, 1882. |
.... |
Two hundred 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 thousand rupees. |
Two hundred fifty rupees. |
19. Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure, 1908. |
.... |
Three hundred seventy-five rupees. |
20. Every petition under the Indian Divorce Act, 1869 except petitions under section 44 of that Act and every memorandum of appeal under section 55 of that Act. |
.... |
Five 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: |
... |
Five hundred rupees. |
Provided that, where in addition to divorce damages are claimed. |
|
A fee as above plus a fee on the amount of damages claimed according to the scale prescribed under Article 1 of Schedule I. |
22. Petitions under the Indian Christian Marriage Act, 1872, sections 45 and 48. |
.... |
Fifty rupees. |
23. Plaint, petition or application (including memorandum of appeal) which is capable of being treated as a suit- |
|
|
(a) for annulment of marriage ; |
.... |
Five hundred rupees. |
(b) for dissolution of marriage ; |
.... |
Five hundred rupees. |
(c) in suit for custody of minor; |
.... |
Three hundred seventy-five rupees. |
(d) for restitution ofconjugal rights ; |
.... |
Five hundred rupees. |
(e) for judicial separation; |
.... |
Five 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 one thousand rupees. |
24. Copy or translation of a judgment or order not being, or having the force of, a decree. |
When such is given judgment or order or made by any Civil Court other rupees. than the High Court, or by any Revenue Court. |
Twenty-five rupees. |
|
When such judgment or order is given or made by the High Court. |
Fifty 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. |
Fifty rupees. |
|
When such decree or order is made by the District Court. |
One hundred rupees. |
|
When such decree or order is made by the High Court. |
One hundred twenty-five rupees. |
26. Copy of any document (including power of attorney) liable to stamp/duty under the Maharashtra Stamp Act, 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 five hundred rupees. |
Ten rupees. |
(b) In any other case. |
One hundred rupees. |
|
27. Copy of any revenue or judicial proceeding or order not otherwise provided for by this Act, or copy of any amount, 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. |
Twenty-five rupees. |
28. Application made under the Maharashtra Money- Lending (Regulation) Act, 2014 or under any corresponding law in force. |
.... |
Fifty rupees. |
29. Application presented to any Registration Officer for search of registration records. |
.... |
Twenty-five rupees. |
30. Appeal or application to the Registrar under section 72 or, 73, as the case may be, of the Registration Act, 1908. |
.... |
Twenty-five rupees. |
31. (a) Application for a licence under sub-clause (i) of clause (w). |
.... |
Twenty-five rupees. |
(b) Application for certificate of registration under clause (xa), of sub-section (1) of section 33 of the Maharashtra Police Act. |
.... |
Twenty-five rupees. |
32. Application or appeal to the Regional or State Transport Authority or the State Government under Chapter IV of the Motor Vehicles Act, 1988. |
.... |
One hundred rupees. |
33. Election petition questioning the election of a person in respect of the office- |
|
|
(a) of Sarpanch or Upa-Sarpanch or fifty member of a Panchayat. |
.... |
Two hundred rupees. |
(b) of Councillor or member fifty of a Municipal Council, Zilla Parishad, Panchayat Samiti or such other Local Authority. |
.... |
Seven hundred rupees. |
(c) of Mayor or Councillor of the five hundred Municipal Corporation of Mah. Brihan Mumbai or Mayor or Deputy Mayor or Councillor of the Corporation of the City of Nagpur or a Municipal Corporation established under the Maharashtra Municipal Corporations Act, or President, Vice-President, Chairman or Deputy Chairman of any local authority referred to in clause (b). |
.... |
Two thousand rupees. |
34. Application or petition to the Court under section 391,439 or 522 of the Companies Act, 1956. |
.... |
One thousand rupees. |
Any other application or petition to the Court for Judicial action or relief under the said Act, not otherwise provided for under this Act. |
.... |
Two hundred rupees. |
35. Application- |
|
|
(a) for order of arrest or attachment before judgment or for temporary injunction. |
.... |
Fifty rupees. |
(b) for compensation for arrest or attachment before judgment or in respect of temporary injunction obtained on insufficient grounds. |
.... |
Fifty 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. |
.... |
One hundred rupees. |
(d) for setting aside decree passed ex-parte or for review of order dismissing suit for default. |
.... |
Twenty-five rupees. |
36. Appeal or application to the Co-operative Tribunal. |
.... |
One hundred twenty-five rupees. |
37. Application made by a party to the Magistrate under section 145 of the Code of Criminal Procedure, 1973. |
.... |
Fifty 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 |
. . .... |
Two hundred fifty rupees. |
(b) State Government |
. .... |
Two hundred fifty rupees. |
39. 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,- |
|
|
(a) application to the Labour Court under section 25,–– |
|
|
(i) by the employer for declaration that the strike is illegal; |
.... |
One thousand two hundred fifty rupees. |
(ii) by a recognised union that the lockout is illegal. |
.... |
Five hundred rupees. |
(b) complaint under section 28 to the Labour Court with reference to item 1 of Schedule IV to the Act,– |
|
|
(i) by any union ; |
.... |
Two hundred fifty rupees. |
(ii) by any employee |
. .... |
One hundred rupees. |
(c) complaint to the Industrial Court under section 28 regarding any item in Schedule II, III or IV to the Act,- |
|
|
(i) when by any union ; |
.... |
Two hundred fifty rupees. |
(ii) by any employee |
..... |
One hundred rupees. |
(d) appeal under section 42 and fifty revision under section 44 to the Industrial Court. |
... |
Two hundred rupees. |
(e) application filed under section 50. |
.... |
One hundred rupees. |
(f) other miscellaneous matters not provided in the Act or any of the above entries. |
.... |
One hundred rupees. |
40. Application or reference under the Industrial Disputes Act, 1947,- |
|
|
(a) under section 2 (k) |
..... |
One thousand two hundred fifty rupees. |
(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. |
.... |
Two hundred fifty rupees. |
(c) regarding any strikes and lock-outs to the Labour Court under section 24. |
.... |
Five hundred rupees. |
(d) during the conciliation proceedings under section 33. |
.... |
Two hundred fifty rupees. |
(e) in any other miscellaneous cases other than referred above. |
.... |
One hundred rupees. |
41. Application or reference, under the Maharashtra Industrial Relations Act,- |
|
|
(a) in arbitration proceeding to the two hundred Industrial Court under sections 69, 71 and 73A. |
.... |
One thousand fifty rupees. |
(b) to the Labour Court under section 78 read with section 79. |
.... |
Two hundred fifty rupees. |
(c) appeals filed to the Industrial Court under section 84 or revision applications filed under section 85. |
.... |
Two hundred fifty rupees. |
(d) in any other miscellaneous cases other than those specified above. |
.... |
One hundred rupees. |
42. Claim or reference under section 6A of the Maharashtra Labour Welfare Fund Act. |
.... |
One hundred rupees. |
43. Application or reference under the Payment of Gratuity Act, 1971. |
.... |
One hundred rupees. |
44. Complaint and Appeal under the Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969. |
.... |
One hundred rupees. |
45. 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. |
.... |
Two hundred fifty rupees. |
46. All adjournment applications in Civil and Criminal Courts |
.... |
Fifty rupees. |
Schedule III
(See section 29)
Form of valuation (to be used with such modifications, if any, as may be necessary)
In The Court of
Re-Probate of the Will of |
(or Administration of the deceased.), |
solemnly affirm
make Oath
Annexure 'A'
Valuation of the Moveable and Immoveable 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. |
|
(State description and value at the price of the day; also the interest separately, calculating it to the time of making the application). |
|
Immoveable property consisting of |
|
(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 |
|
(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.) |
|
Property in public companies |
|
(State the particulars and the value calculated at the price of the day, also the interest separately, calculating it to the 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 foregoing heads |
|
(State the estimated value, if any.) |
|
|
...................... |
Total |
|
|
...................... |
Deduct amount shown in Annexure B not subject to duty |
|
|
...................... |
Net Total |
|
|
...................... |
Annexure 'B'
Schedule of Debts Etc.
|
Rs. nP. |
Amount of debts due and owing from the deceased, payable by law out of the estate. |
|
|
|
Amount of funeral expenses |
|
Amount of mortgage encumbrances |
|
|
|
Property held in trust not beneficially or with general power to confer a beneficial interest. |
|
Other Property not subject to duty |
|
|
....................... |
Total |
|
|
....................... |
Schedule IV
(See section 49)
Laws repealed
Year |
Number |
Law |
|
Extent of Repeal |
(1) |
(2) |
(3) |
|
(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 area of the State of Bombay by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948. |
|
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. |
1324 Fasli |
VI |
The Hyderabad Court-fees Act, Hyderabad 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. |
1932 |
II |
The Bombay Finance Act, 1932 |
|
Section 2A and Part III containing sections 12, 13 and 14. |
Schedule V
(See section 50)
Laws amended
Year |
Number |
Law |
|
Extent of Repeal |
(1) |
(2) |
(3) |
|
(4) |
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. |
1870 |
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. |
Notifications
G. N., L. & J. D., No. CFA. 1759/89012-3, dated 24th October, 1960 (M. G., Part 4-B, Page 289) - In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay Court-fees (Amendment) Act, 1960 (Maharashtra 18 of 1960), the Government of Maharashtra hereby appoints the 15th day of November 1960 as the date on which the said Act shall come into force. G. N., L. & 3. D., No. CFA. 1066/1288-H, dated 18th September, 1970 (M. G., Part 4-B, Page 1363) - In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay Court-fees (Amendment) Act, 1970 (Maharashtra 28 of 1970), the Government of Maharashtra hereby appoints the 1st day of October 1970 to be the date on which the said Act shall come into force. G. N., L. & 3. D., No. CFA. 1070/3472(277)-X, dated 9th March, 1977 (M. G., Part 4-B, Page 302) - In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay Court-fees (Third Amendment) Act, 1976 (Maharashtra L of 1976), the Government of Maharashtra hereby appoints the 1st day of April 1977 to be the date on which the said Act shall come into force. G. N., H. D., No. CFA. 1056-III(a), dated 15th 3uly, 1959 (B. G., Part 4-B, Page 891) - In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), the Government of Bombay hereby appoints the 1st day of August 1959 to be the date on which the said Act shall come into force. G. N. L. & 3. D. No. M/s 1087/15(5)-XIX, dated 21st February, 1999 (M. G. Part IV. B. Page 176) - In exercise of the powers conferred by the sub-section (2) of section 1 of the Bombay Court- Fees (Amendment) Act, 1996 (Maharashtra 23) of 1996), the Government of Maharashtra, hereby appoints the 21st February 1997 to be the date on which the provisions of the said Act shall came into force. G. N., L. & 3. D., No. SRO. 1060/ 14870-III, dated 1st May, 1960 (M. G., Part 4-A, Page 84) - In exercise of the powers conferred by clause (a) of section 2 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), and in supersession of Government of Bombay Notification in the Home Department No. CFA. 1056-III(b), dated the 15th July 1959 the Government of Maharashtra hereby appoints the officers mentioned in column 1 of the schedule annexed hereto to be the Chief Coutrolling Revenue Authority for the area mentioned against each of them in column 2 thereof.Schedule
Officers |
Areas |
Superintendent of Stamps, Bombay, |
Greater Bombay |
Inspector-General of Registration, |
|
The whole State of Maharashtra, |
|
State of Maharashtra, Pune, |
except Greater Bombay. |
(1) the Government Pleader, High Court, Bombay;
(2) the Additional Government Pleader, High Court (Appellate Side), Bombay;
(3) the Government Pleader, High Court (Original Side), Bombay; and
(4) the Additional Government Pleader, High Court, Bombay, at Nagpur.
G. N., H. D., No. CFA. 1059/82742(i)-III, dated 9th December, 1959 (B.G., Part 4-A, Page 2484) - In exercise of the powers conferred by sub-section (2) of section 4 and sub-section (3) of section 5 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), the Government of Bombay hereby appoints the Government Pleader, Court of Small Causes, Bombay, and the Government Pleader, City Civil Court, Bombay, to be officers for the purpose of making the application referred to in the said sub-sections. G. N., L. & J. D., No. CFA. 1859/22453-J, dated 22nd December, 1960 (M. G., 1961 Part 4-B, Page 3) - In exercise of the powers conferred by sub-section (1) of section 12 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), the Government of Maharashtra hereby appoints generally.(i) all Honorary Assistants to District Government Pleaders, and
(ii) all Sub-ordinate Government Pleaders, to be inspecting officers in respect of the Courts situated within the local area of the headquarters of each such officer.
Amended by G. O., L. & J. D., No. CFA-1077/1483-A-(232)-X, dated 4th August 1982 (M. G. Part 4-B, Page 825)
G. O., H. D., No. CFA. 1056-III, - dated 1st August, 1959 (B.G., Part 4-A, Page 1777) - In exercise of the powers conferred by sub section (2) of section 43 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), and in supersession of Government Order, Home Department, No. 1123/7, dated the 26th March 1954 and of all other orders issued in this behalf, the Government of Bombay is pleased to direct that the part of the Institution fee as specified in column 2 of the Schedule hereto annexed shall be repaid to the plaintiff by the High Court of Bombay in the suits disposed of by it under this circumstances specified in column 1 of the said Schedule.Schedule
|
1 |
|
2 |
1. |
In Summary Suit under Order 27 in the First Schedule to the Code of Civil Procedure, 1908, where leave to defend is refused or where the defendant does not appear. |
|
Two-thirds |
2. |
Suit the claim in which is admitted but only time or instalment for payment is asked for. |
|
Two-thirds |
3. |
Suit which is got dismissed by a plaintiff for want of prosecution before the settlement of issues or recording of any evidence. |
|
Two-thirds |
4. |
Suit which is withdrawn unconditionally by the plaintiff (before the settlement of issues or recording of any evidence) as settled out of Court. |
|
Two-thirds |
5. |
Suit in which the plaint is rejected without issuing summons to the defendant as not disclosing any cause of action, or as barred by the Law of Limitation. |
|
Three-fourths |
6. |
Suit in which Judgment is given on admission under rule 6 of Order XII in the First Schedule to the Code of Civil Procedure, 1908, before the settlement of issues or recording of any evidence. |
|
Two-thirds of the amount of institution fee of the claim admitted. |
Suit which is withdrawn, at any time on or after the 1st November 1976, with permission of the Court to institute a fresh suit and where a fresh suit is instituted in respect of the subject-matter of such suit, and the requisite court-fee is paid thereon.]. |
|
Two-thirds. |
Amended by G. O., L & J. D., No. CFA-1179/d 19 (109)-X, dated 28th April 1980 (M. G., Part 4-B, Page 849)
G. O., H. D., No. CFA. 1056-III, dated 1st August, 1959 (B.G., Part 4-A, Page 1778) - In exercise of the powers conferred by sub-section (2) of section 43 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959) and in supersession of Government Notification, Home Department, No. 1123/7, dated the 1st August 1955 and of all other orders issued in this behalf, the Government of Bombay hereby directs that in any suit disposed of by a District Court, a subordinate Civil Court constituted under the Bombay Civil Courts Act, 1869 (14 of 1969), or a Court of Small Causes constituted under the Provincial Small Causes Courts Act, 1887 (9 of 1887), as the case may be, in the circumstances specified in column 1 of the Schedule hereto annexed, the part of the institution fee as specified against it in column 2 of the Schedule shall be repaid to the plaintiff by such Court.Schedule
|
1 |
|
2 |
1. |
Suit the claim in which is admitted but only time or instalment for payment is asked for. |
|
Two-thirds. |
2. |
Suit which is got dismissed by a plaintiff for want of prosecution before settlement of issues or recording of any evidence. |
|
Two-thirds. |
3. |
Suit which is withdrawn unconditionally by the plaintiff (before the settlement of issues or recording of any evidence) as settled out of Court. |
|
Two-thirds. |
4. |
Suit in which the plaint is rejected without issuing summons to the defendant as not disclosing any cause of action, or as barred by Law of Limitation. |
|
Three-fourths. |
5. |
Suit in which judgment is given on admission under rule 6 of Order XII in the First Schedule to the Code of Civil Procedure, 1908 before the settlement of issues or recording of any evidence. |
|
Two-thirds of the amount of institution fee of the claim admitted. |
In summary suit under Order 37 in the First Schedule to the Code of Civil Procedure 1908, where leave to defend is refused or where the defendant does not appear]. |
|
Two-thirds. |
Schedule
|
1 |
|
2 |
1. |
In Summary Suit under Order 37 in the First Schedule to the Code of Civil Procedure, 1908 where leave to defend is refused or where the defendent does not appear. |
|
Two-thirds. |
2. |
Suit the claim in which is admitted, but only time or instalment for payment is asked for. |
|
Two-thirds. |
3. |
Suit which is got dismissed by a plaintiff for want of prosecution before the settlement of issues or recording of any evidence. |
|
Two-thirds. |
4. |
Suit which is withdrawn unconditionally by the plaintiff (before the settlement of issues or recording of any evidence) as settled out of Court. |
|
Two-thirds. |
5. |
Suit in which the plaint is rejected without issuing summons to the defendent as not disclosing any cause of action or as barred by the Law of Limitation. |
|
Three-fourths. |
6. |
Suit in which judgment is given on admission under rule 6 of Order XII in the First Schedule to the Code of Civil Procedure, 1908, before the settlement of issues or recording of any evidence. |
|
Two-thirds of the amount of institution fee of the claim admitted. |
Amended by G. N., R. D., No. 7434/24, dated 19th March, 1931.
Amended by G. N., R. D., No. 7434/24, dated 14th July, 1932.
Amended by G. N., R. D., No. 7434/24, dated 29th May, 1933.
Amended by G. N., R D., No. 7434/24, dated 26th January, 1934.
Amended by G. N., R. D., No. 7434/24, dated 22nd May, 1934.
Amended by G. N., R. U., No. 2521E/33, dated 20th November, 1936.
Amended by G. N., R. D., No. 7434/24, dated 12th April, 1937.
Amended by G. N., R. D., No. 4298/33(a), dated 24th April, 1939.
Amended by G. N., R. D., No. 6693/45, dated 15th May, 1948.
Amended by G. N., R. D., No. 1589/45, dated 15th June, 1949.
Amended by G. N., R. D„ No. 1589/45, dated 26th May, 1950.
Amended by G. N., R. D., No. CTF. 1356-L, dated 13th June, 1956.
Amended by G. N., L. & J. D„ No. CFA. 1361/11885-H, dated 8th August, 1962.
Amended by G. N., R. & F. D., No. CTF. 1365/172115-MI, dated 21st June, 1977 (M. G., Part 4-B, Page 525).
G.N., R.D., No. 590, dated 16th September, 1921 (B.G., Part I, page 2271) - In exercise of the powers conferred by section 35 of the Court-fees Act, 1870 (7 of 1870), as amended by Act 38 of 1920, and in supersession of so much of all previous notifications under that section issued by the Governor General in Council as relates to the reduction or remission of all or any of the fees mentioned in the First and Second Schedules to the said Act in the territories under the administration of the Government of Bombay, the Governor in Council is pleased to make the following reductions and remissions of the fees mentioned in the First and Second Schedules to the said Act, namely :(1) to remit the fees chargeable on applications presented to a Collector for refund of the amount paid to the State Government1 for stamps which have become spoiled or unfit for use or are no longer required for use and on applications for renewal of ‘stamps which have become spoiled or unfit for use;
(3) to direct that, when a plaint disclosing a reasonable case on the merit is presented to any Civil or Revenue Court in such a form that the presiding Judge or officer, without summoning the defendant, rejects it not for any substantial defect but on account of an entirely technical error in form only, and so as to leave the plaintiff free to prosecute precisely the same case in another form against the same defendant or defendants, the value of the stamp on the plaint shall be refunded on presentation of an application to the Collector of the district in which the Court is situated together with a certificate from the Judge or officer who rejected the plaint that it was rejected under the circumstances above described, and that the value of the stamp should, in his opinion, be refunded;
(4) to remit the fees chargeable on-
(a) copies of villages settlement-records furnished to landholders and cultivators during the currency or at the termination of settlement operations;
(b) lists of fields extracted from village settlement records for the purpose of being filed with petitions of plaint in Settlement Courts:
Provided that nothing in this clause shall apply to copies of judicial proceedings, or to copies of village settlement records (other than lists of fields) extracted as aforesaid, which may be filed in any Court or office;(6) to remit the fees chargeable on security bonds for the keeping of the peace by, or good behaviour of, persons other than the executants;
(7) to remit the fees chargeable under Articles 6, 7 and 9 of the First Schedule on copies furnished by Civil or Criminal Courts or Revenue Courts or offices for the private use of persons applying for them : Provided that nothing in this clause shall apply to copies when filed, exhibited or recorded in any Court of Justice or received by any public officer;
(8) to remit the fees chargeable, under paragraph 4 of clause (a) and paragraph 2 of clause (b) of Article 1 of the Second Schedule, on applications for orders for the payment of deposits in cases in which the deposit does not exceed Rs. 25 in amount :
Provided that the application is made within three months of the date on which the deposit first became payable to the party making the application;(9) to remit the fees payable under Article 1 in Schedule II
(i) in respect of all applications to any Government officer made by members of backward tribes specified in Part II of the Thirteenth Schedule annexed to the Government of India (Provincial Legislative Assemblies) Order, 1936 (hereinafter referred to as the said backward tribes) living in the Scheduled areas in the State of Bombay;
(ii) in respect of applications for leave to occupy, under direct engagement with the State Government, land measuring 5 acres or less, of which the revenue is settled but not permanently-
(a) made by members of the said backward tribes living anywhere in the State of Bombay;
(b) made by members of all backward classes living in "the Districts of Nasik, East Khandesh, West Khandesh, Kanara and Dangs and in the Scheduled Areas situate in the Districts of Thana, Sural, Broach, Baroda, Panchmahals and Sabar Kantha".
Explanation. - For the purposes of this clause, the Scheduled Areas in the State of Bombay means the areas declared to be the Scheduled Areas within the State of Bombay, under the Scheduled Areas (Part A States) Order, 1950;(10) to remit the fee chargeable on application for loans under the Land Improvement Loans Act, 1883 (XIX of 1883), or the Agriculturists' Loans Act, 1884 (XII of 1884);
(11) to remit the fee chargeable on an application made by a person to the Collector under subsection (2) of section 42 of the Indian Stamp Act, 1899 (II of 1899), for the return to that person, or to the Registration Officer who impounded it, of a document impounded and sent to the Collector by a Registration Officer;
(12) to remit the fees chargeable on the following documents, namely:
(a) copy of a charge framed under section 210 of the Code of Criminal Procedure, 1898 (V of 1898), or of a translation thereof, when the copy is given to an accused person;
(b) copy of the evidence of supplementary witnesses after commitment when the copy is given under section 219 of the said Code to an accused person;
(c) copy or translation of a judgment m a case other than a summons case, and copy of the heads of the Judge's charge to the jury, when the copy or translation is given under section 371 of the said Code to an accused person;
(d) copy or translation of the judgment in a summons case, when the accused person to whom the copy or translation is given under section 371 of the said Code is in jail;
(e) copy of an order of maintenance, when the copy is given under section 490 of the said Code to the person in whose favour the order is made, or to his guardian, if any, or to the person to whom the allowance is to be paid;
(f) copy furnished to any person affected by a judgment or order passed by a Criminal Court, of the Judge's charge to the jury or of any order, deposition or other part of the record, when the copy is not a copy which may be granted under any of the preceding sub-clauses without the payment of a fee, but is a copy which on its being applied for under section 548 of the said Code, the Judge or magistrate, for some special reason to be recorded by him on the copy, thinks fit to furnish without such payment;
(g) copies of all documents furnished under the orders of any Court of magistrate to any Government Advocate or Pleader or other person specially empowered in that behalf for the purpose of conducting any trial or investigation on the part of the Government before any Criminal Court.
(h) copies of all documents which any such Advocate, Pleader or other person is required to take in connection with any such trial or investigation, for the use of any Court or Magistrate, or may consider necessary for the purpose of advising the Government in connection with any criminal proceedings;
(i) copies of judgments or depositions required by officers of the Police Department in the course of their duties;
(13) to remit the fee chargeable on an application to a Collector, with respect either to liability to assessment or to the amount or rate of an assessment or for a refund of income-tax under the Indian Income-tax Act, 1918 (7 of 1918);
(14) to remit the fee chargeable on an application presented by any person for the return of a document filed by him in any Court of public office;
(15) to direct that, when a part of an estate paying annual revenue to the State Government under a settlement which is not permanent is recorded in the Collector's register as separately assessed with such revenue, the value of the subject-matter of a suit for the possession of, or to enforce a right of pre-emption in respect of, a fractional share of that part shall, for the purposes of the computation of the amount of the fee chargeable in the suit, be deemed not to exceed five times such portion of the revenue separately assessed on that part as may be rateably payable in respect of the share;
(16) [* * * * * *]
(17) to remit the fee chargeable on an application for the grant of a licence for the vend of stamp;
(18) to direct that no Court-fee shall be charged on an application for the repayment of a fine or any portion of a fine the refund of which has been ordered by competent authority;
(19) to remit the fees chargeable on applications for copies of documents detailed in clauses 4 and 13 supra;
(20) to remit the duty chargeable in respect of Indian Probates, Letters of Administration or Succession Certificates on the share or other interest of a deceased member of a company formed under the Indian Companies Act, 1913 (7 of 1913), provided that the said share or interest was registered in a branch register in the United Kingdom under the Indian Companies (Branch Registers) Act, 1900 (4 of 1900), and that such member was at the date of his deceased domiciled elsewhere than in India;
(21) to remit the fees chargeable on applications presented to officers of land revenue for the suspension or remission of revenue on the ground that a crop has not been sown or has failed;
(22) to remit the fee chargeable on applications and petitions presented to a Collector or any Revenue Officer having jurisdiction equal or subordinate to a Collector for advice or assistance from the Agricultural Department of the State;
(23) (a) to remit all fees payable under Schedule II upon applications for the grant or renewal of licences or duplicates under the Indian Arms Rules, 1924, in respect of which a fee is payable under those Rules; and
(b) to reduce to [five naye Paise] all fees exceeding [five naye Paise] payable under Schedule II, upon other applications relating to licences or duplicates granted or renewed under the said rules;
(24) to remit the fees chargeable on applications for the grant of licences of the nature mentioned in items 8 and 9 of Schedule II appended to the Indian Explosives Rules, 1914, to possess gun powder, other explosives or detonators required bona fide for blasting purposes;
(25) to remit the fees on the property of (i) any person subject to the Naval Discipline Act (29 and 30 Viet. C. 109), the Army Act (44 and 45 Viet. C. 58), the Air Force Act (7 and 8 Geo. 5-C. 51) or the Indian Army Act, 1911 (7 of 1911), who is killed or dies from wounds inflicted, accidents occurring or disease contracted while on active service or on service which is of a warlike nature or involving the same risk as active service and (ii) any person being a Government Officer, civil or military, who dies from wounds inflicted while in actual performance of his official duties or in consequence of those duties.
(a) where the amount of or value of property in respect of which the grant of probate or letters of administration is made or which is specified in the certificate under Part X of the Succession Certificate Act, 1925, or in the certificate under Bombay Regulation No. 8 of 1827, does not exceed Rs. 50,000 to remit the whole of the fees leviable in respect of that property;
(b) where the said amount or value exceeds Rs. 50,000 to remit the whole of the said fees in respect of the first Rs. 50,000;
(c) where any property passes more than once in consequence of such deaths to remit, in the case of second and subsequent successions, the whole of the said fees irrespective of the value or amount of such property; and
(d) to remit the fees chargeable on applications for mutations of names in respect of the property of persons mentioned in clauses (i) and (ii) above;
(26) to remit the fees chargeable on applications presented to officers of Land Revenue for the suspension or remission of loans under the Land Improvement Loans Act, 1883 (XIX of 1883), or the Agriculturists' Loans Act, 1884 (12 of 1884);
(27) to remit the fees chargeable on applications for the grant of licences issued in accordance with the provisions of any rule made under section 9 of the Indian Petroleum Act, 1899 (8 of 1899), for the possession of dangerous petroleum for use on motor vehicles and for its transport thereon for the purpose of use therein;
(28) [Deleted.]
(29) to remit the fees chargeable under the Second Schedule on agreements required by rules 37, 43 and 52 of the Land Revenue Rules, 1971;
(30) to reduce to a uniform rate of [twenty-five naye Paise] per copy the fee chargeable under [article 25 of the second Schedule] on copies of decrees or orders having the force of a decree issued by Mamlatdars under the Mnmlatdars' Courts Act, 1906 (Bombay II of 1906);
(31) to remit the fees chargeable in respect of the documents specified in the First or Second Schedule in the case of suits instituted before village Munsifs under Chapter V of the Dekhkan Agriculturists' Relief Act, 1879 (17 of 1879);
(32) to remit the fees chargeable on copies of documents furnished by a Court of Session or the High Court, to a pleader appointed by the Court to defend a person accused of murder;
(33) to remit the fees chargeable under Article I, clauses (b) and (c) of Schedule II on applications made to a Collector, or other Revenue officer, or to any Chief Controlling Revenue or Executive Authority, for permission to cut and remove jungle-wood for fuel, or thorns for fencing, from lands which are unalienated and unoccupied within the meaning of the Bombay Land Revenue Code, 1879;
(34) to remit the fees chargeable on certified copies on applications for certified copies of entries in record of rights maintained under the Bombay Land Revenue Code, 1879 (Bombay V of 1879), and on applications for such copies when required for filing in Court under section 135-H of the Act;
(35) to remit the fees chargeable on certified copies of extracts from entries in records of rights maintained under the Bombay Land Revenue Code, 1879 (Bombay V of 1879), when such copies are attached to applications for the execution of Civil Court decrees;
(36) to remit the fees chargeable (i) on applications made to the excise officer incharge of the distillery or warehouse for the issue of permit for the transport of country spirits and (ii) on applications made by the licensees of intoxicating drugs shops for transport permits of duty paid drugs;
(37) to remit the fees chargeable on applications made by the licensees of opium shops or by farmers of the monopoly districts for transport permits;
(38) to remit the fees chargeable on applications for the grant of licences to tap toddy trees for domestic consumption in the Panch Mahals District;
(39) to remit the fees chargeable on applications made to village officers for copies of entries in the record of rights registers under section 135-K of the Bombay Land Revenue Code, 1879 (Bombay V of 1879);
(40) to remit the fees payable upon applications made to the Collector for (i) cutting trees or (ii) usufruct of trees or (iii) permission to plant roadside trees, [and trees in open village sites or unoccupied lands vesting in Government];
(41) To reduce to [ten naye paise] the fee exceeding [ten naye paise] chargeable under Schedule II on (a) and application for the grant or renewal of a licence and (b) any other miscellaneous application made under the Bombay (District) Tobacco Act, 1933 (Bombay II of 1933), or the rules made thereunder. (G.R., R.D. No. 7434/24, dated 26th January 1934).
Amended by G.N., L. & J.D., No. CFA. 2061/15508-H, dated 13th January, 1962 (M.G., Part 4-B, Page 120)
G.N., R.D., No. CTF. 1459-N, dated 6th January, 1960 (B.G., Part 4-B, Page 77) - In exercise of the powers conferred by section 46 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), the Government of Bombay hereby remits the fees chargeable under [Article 27] of Schedule II to the said Act, on certified copies of orders accompanying any application, appeal, or any application for revision, filed under the Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay 67 of 1948), the Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyderabad 21 of 1950), or the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 (Bombay XCIX of 1958). G.N., R.D., No. CTF. 1359-N, dated 13th January, 1960 (B. G., Part 4-B, Page 101) - In exercise of the powers conferred by section 46 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), the Government of Bombay hereby remits the fees chargeable under Article 1(c) of Schedule II to the said Act on an application made to a Gazetted officer of any Department or Revenue Officer for obtaining an income certificate under sub-rule (5) of rule 10 of the Rules for the Award of Free studentships to Pupils of Other Backward Classes. G.N., R.D., No. CTF. 1359/72585-N, dated 30th December, 1960 (M.G., 1961, Part 4-B, Page 90) - In exercise of the powers conferred by section 46 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), the Government of Maharashtra hereby remits in the whole of the State of Maharashtra, the fee chargeable on an application presented by an officer on behalf of the State Government, under article 29 in Schedule II to the said Act. G.N., L.& J.D., No. CFA. 1060/6117-H, dated 12th December, 1961 (M.G., Part 4-A, Page 917) - In exercise of the powers conferred by section 46 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), the Government of Maharashtra hereby remits the court-fees chargeable under Article 15 in Schedule II to the Bombay Court-fees Act, 1959, on an application by the Adivasis in the State for temporary grant of land for cultivation in Government forests. G.N., L. & J.D., No. CFA. 1359/134399-H, dated 7th December, 1962 (M.G., Part 4-B, Page 3132) - In exercise of the powers conferred by section 46 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), the Government of Maharashtra hereby remits in the whole of the State of Maharashtra the fee mentioned in article 1(a) of the Second Schedule to that Act in respect of an application presented to any Registration Officer by officer of the State Government in the discharge of his duties for the purpose of obtaining a copy of any document on registration records. G.N., L. & J.D., No. CFA. 1062/204-H, dated 25th June, 1963 (M. G., Part 4-B, Page 811) - In exercise of the powers conferred by section 46 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), the Government of Maharashtra hereby remits the fee chargeable under article 15 in Schedule II to the said Act on applications by the Adivasis in the State, for permission to cut timber in Government forests. G.N., R.D., No. CTF. 1059/92932-N, dated 21st March, 1964 (M.G., Part 4-B, Page 301) - In exercise of the powers conferred by section 46 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), the Government of Maharashtra hereby remits, with effect from the 1st day of April 1964, in the whole of the State of Maharashtra, the court-fees chargeable under article 32 in Schedule II to the said Act, on an application or appeal to the Regional or State Transport Authority or the State Government under Chapter IV of the Motor Vehicles Act, 1939. G.N., R. & F. D., No. CTF. 1364/589-N, dated 24th June, 1964 (M.G., Part 4-B, Page 851) - In exercise of the powers conferred by section 46 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), the Government of Maharashtra hereby remits the fee chargeable to any person under clause (c) of Article 1 in Schedule II to the said Act on an application presented to a Collector for obtaining a certificate to the effect that he is a prohibition affected person. G.N., R. & F. D., No. CTF. 1360/41334-N, dated 17th July, 1965 (M.G., Part 4-B, Page 1427) - In exercise of the powers conferred by section 46 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), the Government of Maharashtra hereby remits the fee chargeable under clause (c) of Article 1 in Schedule II to the said Act, in respect of any application presented to a Collector or any Revenue Officer or to a public officer having jurisdiction equal or subordinate to a Collector, for grant of waste land by any person belonging to any of the following castes, tribes or jatis, namely :(i) Scheduled Castes in the State specified in Part 7-A of the Schedule annexed to the Constitution (Scheduled Castes) Order, 1950;
(ii) Scheduled Tribes in the districts of Vidarbha and Hyderabad areas of the State specified in Part 7-A of the Schedule annexed to the Constitution (Scheduled Tribes) Order, 1950;
(iii) Neo-Buddhists, that is to say, persons belonging to Scheduled Castes converted to Buddhism;
(iv) Vimukta Jatis and Nomadic tribes specified in Schedules I and II respectively in Government Resolution, Education and Social Welfare Department, No. CBC. 1361-M, dated the 21st November 1961;
(v) The tribes, tribal communities, or parts of or groups, within the tribes or tribal communities specified in the Schedule hereto residing anywhere in the State, but outside the Melghat Tahsil of Amravati District, Gadchiroli and Sironcha Tahsils of the Chanda District and the Kelapur, Wani and Yeotmal Tahsils of the Yeotmal Districts.
Schedule
(1) Andh. (2) Baiga (3) Bhaina. (4) Bharia-Bhumiaor Bhuinhar-Bhumia including Pando. (5) Bhattra. (6) Bhil. (7) Bhunjia. (8) Binjhwar. (9) Birhul or Birhor. (10) Dhanwar. (11) Gadaba or Godba. (12) Gond including -Arakh or Arrakh.
Asur.
Bhatola.
Bhuta, Koilabhutta or Koilbhuta
Gatta or Gatti.
Gond Gowari
Kandra.
Khatola.
Koya.
Kucha Maria.
Madia (Maria).
Mannewar.
Mudia (Muria)
Nagwanshi.
Raj Thatia or Thotya.
Agaria.
Badi Maria or Bada Maria.
Bhimma.
Bhar.
(13) Halba or Halbi. (14) Kamar. (15) Kawar, Kanwar, Kaur, Cherwa, Rathia, Tanwar or Chattri. (16) Khairwar. (17) Kharia. (18) Kondh or Khond or Kandha. (19) Kol. (20) Kolam. (21) Korku including Bopchi, Mousai, Nihai or Nahul and Bondhi or Bondeya. (22) Korwa, including Kodaku. (23) Majhawar,Bisonhorn Maria,
Dondami Maria,
Dhoba,
Dorla,
Chota Maria,
Dhuru or Dhurwa,
Dhulia,
Gaiki,
Gaita,
Hill Mari
Kalanga,
Koitar,
Khirwar or Khirwara,
Kuchaki Maria,
Mana.
Moghya or Mogia or Monghya,
Nagarchi,
Ojha,
Sonjhari Jhareka,
Wade Maria or Vade Maria.
(24) Munda. (25) Nagesia or Nagasia. (26) Nihal. (27) Oraon, including Dhanka and Dhangad. (28) Pardhan, Pathari and Saroti. (29) Pardhi, including Bahelia or Behellia, Chita, Pardhi, Langoli Pardhi, Phans Pardhi, Shikari, Takankar and Takia (30) Parja, (31) Saonta or Saunta. (32) Sawar or Sawara. G.N., R. & F. D., No. CTF. 1364/589-N, dated 18th August, 1965 (M.G., Part 4-B, Page 1567) - In exercise of the powers conferred by section 46 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), the Government of Maharashtra hereby remits in the whole of the State the fees chargeable under clause (a) or clause (c) of Article 1 in Schedule II to the said Act, in respect of any application presented to any District Prohibition and Excise Officer or to a Collector by any person for the grant of any relief on the ground that he is a prohibition affected person. G.N., R. & F.D., No. CTF. 1362/17603-N, dated 20th January, 1966 (M.G., Part 4-B, Page 86) - In exercise of the powers conferred by section 46 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), the Government of Maharashtra hereby remits the fee chargeable under clause (c) of Article 1 in Schedule II to the said Act in respect of any application presented to a Collector or any Revenue Officer or to a Public Officer having jurisdiction equal or subordinate to a Collector, or to any Magistrate in his executive capacity for grant of caste certificate by any person belonging to the Scheduled Castes or Scheduled Tribes Explanation. - In this notification-(a) "Scheduled Castes" means such castes, races or tribes or parts of, or groups within, such castes, races, or tribes as are deemed to be Scheduled Castes in relation to the State of Maharashtra under Article 34: of the Constitution of India;
(b) "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Maharashtra under Article 342 of the Constitution of India.
G.O., R. & F.D., No. CTF. 1357/-16574 N, dated 4th February, 1966 (M.G., Part IV B, Page 143) - In exercise of the powers conferred by section 46 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), and in supersession of Government Notification, Revenue Department, No. CTF. 1357-N, dated the 28th September 1957, the Government of Maharashtra hereby remits the fees chargeable under the said Act on an application made to the Collector by-(1) (a) a Sovereign or Head of a foreign State
(b) an Ambassador or a Diplomatic Envoy of a foreign State,
(c) a member of the staff appointed by or serving under any person specified in clause (a) or (b) : Provided that such member is a national of a foreign State.
(d) the consort of any person specified in clause (a), (b) or (c),
(e) any relation of any person specified in clause (a), (b), (c) or (d) dependent upon him. for a special permit under rule 68, and for an interim permit under rule 70 of the Bombay Foreign Liquor Rules, 1953;
(2) a tourist visiting the State for a tourists' permit under rule 70-A of the said Rules.
G.N., R. & F.D., No. CTF. 1367-N, dated 24th June, 1967 (M.G., Part 4-B, Page 1845) - In exercise of the powers conferred by section 46 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), the Government of Maharashtra hereby remits in the whole of the State, the Court-fee chargeable under the said Act on all applications addressed to Collectors and other Revenue authorities by consumers for the purpose of obtaining controlled commodities under the Fair Price Shop Scheme, except applications made under or in relation to any licensing order, made under the Essential Commodities Act, 1955 including the licensing orders mentioned in the Schedule thereto.Schedule
Serial No. |
Name of the order |
1. |
The Maharashtra Foodgrains Dealers' Licensing Order, 1963. |
2. |
The Maharashtra Sugar Dealers' Licensing Order, 1963. |
3. |
The Maharashtra Gur and Khandsari Dealers' Licensing Order, 1963. |
4. |
The Maharashtra Kerosene Dealers' Licensing Order, 1966. |
Amended by G. N., L & J. D., No. CFA. 1759/90069-H, dated 4th September, 1963.
Amended by G. N., R. & F. D., No. CTF. 1364/90069-N, dated 5th September, 1971.
Amended by G. N., R. & F. D., No. CTF. 1377/165838-M-I, dated 31st May, 1979. (M. G., Part 4-B, Page 501).
Amended by G. N., L. & J. D., No. CFA. 1178/249(58)/X, dated 28th September, 1979 (M. G., Part 4-B, Page 1698).
Amended by G.N., R. & F. D., No. CFT. 1384/215724/CR-254/M-1, dated 28th September, 1984 (M. G., Part 4-B, Page 1265).
G. N., L. & J. D., No. CFA. 1759/90069-H, dated 11th February, 1963 (M. G., Part 4-B, Page 217) - In exercise of the powers conferred by section 46 of the Bombay Court-fees Act 1959 (Bombay 36 of 1959), the Government of Maharashtra [hereby remits the fees payable by members of the Scheduled Tribes in relation to the State of Maharashtra specified in Part IX of the Schedule to the Constitution (Scheduled Tribes) Order, 1950 (Part IX reproduced in the Schedule hereto)] in respect of documents of any of the kinds specified in the First or Second Schedule to the said Act, to be filed, executed or recorded in any Civil or Criminal Court. [The above notification shall be deemed to have come into force on the 7th day of September 1962 and [shall remain in force upto and inclusive of the 31st day of March 1990] .]Part IX
Maharashtra
(1) Andh. (2) Baiga. (3) Barda. (4) Bavacha, Bamcha. (5) Baina. (6) Bharia Bhumia, Bhuinhar Bhumia, Pando. (7) Bhattra, (8) Bhail, Bhil Garasia, Dholi Bhil, Dungri Bhil, Dungri Garasia, Mewasi Bhil, Rawal Bhil, Tadvi Bhil, Bhagalia, Bhilala, Pawra, Vasava, Vasave. (9) Bhunjia. (10) Binjhwar. (11) Birhul, Birhor. (12) Chodhara (excluding Akola, Amravati, Bhandara, Buldana, Chandrapur, Nagpur, Wardha, Yavatmal, Aurangabad, Bhir, Nanded, Osmanabad and Parbhani districts). (13) Dhanka, Tadvi, Tetaria, Valvi. (14) Dhanwar. (15) Dhondia. (16) Dubla, Talavia, Halpati. (17) Gamit, Gamta, Gavit, Mavchi, Padvi. (18) Gond, Rajhgond, Arakh, Arrakh, Agaria, Aur, Badi Maria, Bada Maria, Bhatola, Bhima, Bhuta, Koilabhuta, Koilabhuti, Bhar, Disonhorn Maria, Chota Maria, Dandami Maria, Dhuru, Dhurwa, Dhoba, Dhulia, Dorla, Gaiki, Gatta, Gond Gowari, Hill Maria, Kandra, Kalanga, Khatola, Koitar, Koya, Khirwar, Khirwara, Kucha, Maria, Kuchaki Maria, Madia, Maria, Mana, Mannewar, Moghya, Mogia, Monghya, Mudia, Muria, Nagarchi, Naikpod, Nagwanshi, Ojha, Raj, Sonjhari Jhareka, Thatia, Thotya, Wade Maria, Vade Maria. (19) Halva, Halbi. (20) Kamar. (21) Kathodi, Katkari Dhor Kathodi, Dhor Kathkari, Son Kathodi, Son Katkari. (22) Kawar, Kanwar, Kaur, Cherwa Rathia. (23) Khairwar. (24) Kharia (25) Kona, Kokni Kukna. (26) Kol (27) Kolam, Mannervarlu. (28) Koli, Dhor, Tokre Koli, Kolcha, Kolgha. (29) Koli Mahadev, Dongar Koli. (30) Koli Malhar (31) Kondh, Khond, Kandh. (32) Korku, Bopchi, Mouasi, Nihal, Nahul, Dondhi, Bondeya. (33) Koya, Bhine Koya, Rajkoya. (34) Nagesia, Nagasia (35) Naikda, Nayaka, Cholivala, Nayaka, Kapadia Nayaka, Mota Nayaka, Nana Nayaka. (36) Oraon, Dhangad. (37) Pardhan Pathari, Saroti. (38) Pardhi, Advichincher, Phans Pardhi, Phanse Pardhi, Langoli Pardhi, Bahelia, Bahellia, Chitra Pardhi, Shikari, Takankar, Takia. (39) Pareja (40) Patelia (41) Pomla (42) Rathawa (43) Sawar, Sawara (44) Thakur, Thakar, Ka Thakur, Ka Thakar, Ma Thakur, Ma Thakar. (45) Thoti (in Aurangabad, Bhir, Nanded, Osmanabad and Parbhani districts and Rajura tahsil of Chandrapur district.) (46) Varli. (47) Vitholia, Kotwalia, Barodia). G.N.R. 8. F. D., No. CFA. 1860/4718-N, dated 23rd November, 1971 (M. G., Part 4-B, Page 1832) - In exercise of the powers conferred by section 46 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), the Government of Maharashtra hereby directs that where the amount of fee chargeable under the said Act involves a fraction of rupee which is not a multiple of five paise it shall be rounded off to the next lower multiple of five paise. G. N., R. & F. D., No. CTF. 1063/ 100973-N, dated 27th December, 1972 (M. G., 1973, Part 4-B, Page 218) - In exercise of the powers conferred by section 46 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), the Government of Maharashtra hereby remits in the whole of the State of Maharashtra the fees in excess of Re. 1 chargeable under entry 27 of the Schedule II to the Bombay Court-fees Act, 1959, so far as that entry relates to a copy of judgment or order given or made by any Criminal Court other than the High Court. G. N., R. & F. D., No. CIF. 1169/416779-N, dated 22nd May, 1973 (M. G., Part 4-B, Page 1307) - In exercise of the powers conferred by section 46 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), (hereinafter referred to as "the said Bombay Act"), the Government of Maharashtra hereby orders that in the case of appeals hied in the State of Maharashtra, upto and inclusive of the 31st day of December 1972 against the decrees or orders in suits to which section 3 of the Public Works (Extension of Limitation) Act, 1959 (29 of 1959) applies (and in respect of which the fees payable under the said Bombay Act have been reduced by Government Notification, Law and Judiciary Department, No. CFA. 1360/10142-H, dated the 8th December 1962 and Government Notification, Revenue and Forests Department, No. CTF. 1169/41679-N, dated the 14th October 1969), all fees exceeding fifteen rupees payable under the said Bombay Act, in respect thereof shall stand reduced to fifteen rupees. G. N., R. & F. D., No. CTF. 1072/17365-N, dated 11th November, 1974 (M. G., Part 4-B, Page 1199) - In exercise of the powers conferred by section 46 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), the Government of Maharashtra hereby remits in the whole of the State of Maharashtra the court-fees chargeable under the said Act on bonds executed by prisoners or other persons in duress or under restraint of any court or its officer, for their release in accordance with the orders of the court. G. N., R. & F. D., No. CTF. 1771/83959-M-1, dated 2nd March, 1977 (M. G., Part 4-B, Page 228) - In the exercise of the powers conferred by section 46 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), the Government of Maharashtra hereby remits in the whole of the State of Maharashtra the fees payable in respect of any documents of any of the kinds specified in the Schedule I and Schedule II annexed to the said Act, which are to be filed, exhibited or recorded in any Civil or Criminal Court by a retired or honourably discharged Indian soldier or a member of his family. Explanation. - For the purpose of this notification,-(a) 'Indian soldier' means any person subject to the Army Act, 1950 (46 of 1950), or the Air Force Act, 1960 (46 of 1960), or the Navy Act, 1957 (62 of 1957), who is domiciled in the State of Maharashtra;
(b) 'member of a family' means a wife, child, father, mother, minor brother or unmarried or widowed sister, wholly dependant on an Indian soldier.
Remission of Court-fees Payable by the Schedule Tribes Under Section 46
G. N., R. & F. D. No. Mudrank 2000/4501/CR-1128/M-1 dated 15th March, 2001 - In exercise of the powers conferred by section 46 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), the Government of Maharashtra hereby remits the fees payable by members of the Scheduled Tribes in relation to the State of Maharashtra specified in Part IX of the Schedule to the Constitution (Scheduled Tribes) Order, 1950 (Part IX reproduced in the Schedule hereto), in respect of documents of any of the kinds specified in the First or Second Schedule to the said Act, to be filed, executed or recorded in any Civil or Criminal Court, during the period of commencing on the date of publication of this Notification in the Official Gazette and ending on the [31st day of March, 2010] (both days inclusive).Schedule
(1) Andh. (2) Baiga. (3) Barda. (4) Bavacha, Bamcha. (5) Baina. (6) Bharia Bhumia, Bhuinhar Bhumia, Pando. (7) Bhattra, (8) Bhail, Bhil Garasia, Dholi Bhil, Dungri Bhil, Dungri Garasia, Mewasi Bhil, Rawal Bhil, Tadvi Bhil, Bhagalia, Bhilala, Pawra, Vasava, Vasave. (9) Bhunjia. (10) Binjhwar. (11) Birhul, Birhor. (12) Chodhara (excluding Akola, Amravati, Bhandara, Buldana, Chandrapur, Nagpur, Wardha, Yavatmal, Aurangabad, Beed, Nanded, Osmanabad and Parbhani districts). (13) Dhanka, Tadvi, Tetaria, Valvi. (14) Dhanwar. (15) Dhondia. (16) Dubla, Talavia, Halpati. (17) Gamit, Gamta, Gavit, Mavchi, Padvi. (18) Gond, Rajhgond, Arakh, Arrakh, Agaria, Aur, Badi Maria, Bada Maria, Bhatola, Bhima, Bhuta, Koilabhuta, Koilabhuti, Bhar, Bisonhorn Maria, Chota Maria, Dandami Maria, Bhuru, Dhurwa, Qhoba, Dhulia, Dorla, Kaiki, Gatta, Gatti, Gaita, Gond Gowari, Hill Maria, Kandra, Kalanga, Khatola, Koitar, Koya, Khirwar, Khirwara, Kucha, Maria, Kuchaki Maria, Madia, Maria, Mana, Mannewar, Moghya, Mogia, Monghya, Mudia, Muria, Nagarchi, Naikpod, Nagwanshi, Ojha, Raj, Sonjhari Jhareka, Thatia, Thotya, Wade Maria, Vade Maria. (19) Halba, Halbi. (20) Kamar. (21) Kathodi, Katkari Dhor Kathodi, Dhor Kathkari, Son Kathodi, Son Katkari. (22) Kawar, Kanwar, Kaur, Cherwa Rathia. (23) Khairwar. (24) Kharia (25) Kokna, Kokni Kukna. (26) Kolam, Mannervarlu. (27) Kol (28) Koli, Dhor, Tokre Koli, Kolcha, Kolgha. (29) Koli Mahadev, Dongar Koli (30) Koli Malhar (31) Kondh, Khond, Kandh. (32) Korku, Bopchi, Mouasi, Nihal, Nahul, Dondhi, Bondeya. (33) Koya, Bhine Koya, Rajkoya. (34) Nagesia, Nagasia (35) Naikda, Nayaka, Cholivala, Nayaka, Kapadia Nayaka, Mota Nayaka, Nana Nayaka. (36) Oraon, Dhangad. (37) Pardhan Pathari, Saroti. (38) Pardhi, Advichincher, Phans Pardhi, Phanse Pardhi, Langoli Pardhi, Bahelia, Bahellia, Chitra Pardhi, Shikari, Takankar, Takia. (39) Pafja (40) Patelia (41) Pomla (42) Rathawa (43) Sawar, Sawara (44) Thakur, Thakar, Ka Thakur, Ka Thakar, Ma Thakur, Ma Thakar. (45) Thoti (in Aurangabad, Beed, Nanded, Osmanabad and Parbhani Districts and Rajura Tahsil of Chandrapur District.) (46) Varli. (47) Vitholia, Kotwalia, Barodia).Revenue and Forests Department
Mantralaya, Mumbai 400032, dated the 18th May, 2005
Notification No. MUDRANK 2005/849/CR-170/M-1 dated the 18th May 2005 - In exercise of the powers conferred by section 46 of the Bombay Court-fees Act, 1959 (Bombay 36 of 1959), the Government of Maharashtra hereby amends the Government Notification, Revenue and Forests Department, No. MUDRANK 2000/4501/CR-1 128/M-1, dated 15th March 2001, as follows, namely:- In the said notification, for the figure, letters and the word "31st March 2005" the figures, letters and the word "31st March 2010" shall be substituted.Revenue and Forests Department
Mantralaya, Mumbai 400032, Dated the 8th January 2008
Notification No. MUDRANK 2000/CR. 996/M-1. Dated the 8th January 2008 - In exercise of the powers conferred by sub-sections (1) and (2) of section 45 of the Bombay Court Fees Act, 1959 (Bombay 36 of 1959), and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules further to amend the Bombay Stamps Supply and Sales Rules, 1934, namely1. These rules may be called the Bombay Stamps Supply and Sales (Amendment) Rules, 2008.
2. In rules 41 of the Bombay Stamps Supply and Sales Rules, 1934 (hereinafter referred to as "the principal Rules") for, the figures "600", the figures "3000" shall be substituted.
3. In rule 42 of the principal Rules for the figures "600", the figures shall be substituted.
4. In rule 45 of the principal Rules, in the Table, after entry (ii), the following entry shall be inserted, namely
"(iii) |
Court Fees Stamps of the denomination value exceeding Rs. 600 but not exceeding Rs. 3000. |
|
|
|
5. In the rule 46 of principal Rules, for the figures "600", the figures "3000" shall be substituted.