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    • 1. Short title, extent and commencement.
    • 2. Amendment of Schedule I of Act 7 of 1870.
    • 3. Amendment of Schedule II of Act 7 of 1870.
Court-Fees (Meghalaya Amendment) Act, 1990

The Court-Fees (Meghalaya Amendment) Act, 1990

Meghalaya Act No. 8 of 1990

ner277


Published in the Gazette of Meghalaya, Extraordinary, dated the 19th July, 1990.

[Received the assent of the Governor on the 11th July, 1990]

An Act further to amend the Court-Fees Act, 1870 in its application to Meghalaya.

Be it enacted by the Legislature of Meghalaya in the Forty-first Year of the Republic of India as follows:

1. Short title, extent and commencement. - (1) This Act may be called the Court-Fees (Meghalaya Amendment) Act, 1990.

(2) It extends to the whole of Meghalaya with such exceptions or modifications as are in force.

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

2. Amendment of Schedule I of Act 7 of 1870. - In Schedule I to the Court Fees Act, 1870-

(1) for Article 1, the following shall be substituted, namely:-


Number



Proper fee


(1)

(2)


(3)

"I.

Plaint, written statement pleading a set-off or counter-claim or memorandum of appeal (not otherwise provided for in this Act, or of cross-objection presented to any Civil or Revenue Court except those mentioned in Section 3

When the amount or value of the subject-matter in dispute does not exceed one hundred rupees, for every five rupees or part thereof of such amount or value.


One rupee



and





When such amount or value exceeds one hundred rupees, for every ten rupees or part thereof, in excess of one hundred rupees up to one hundred and fifty rupees


Two rupees



and





When such amount or value exceeds one hundred and fifty rupees, for every ten rupees, or part thereof up to one hundred rupees


Two rupees



and





When such amount or value exceeds one thousand rupees, for every one hundred rupees, or part thereof in excess of one thousand rupees up to seven thousand five hundred rupees


Ten rupees



and





When such amount or value exceeds seven thousand five hundred rupees, for every two hundred and fifty rupees, or part thereof, in excess of seven thousand five hundred rupees up to ten thousand rupees


Twenty rupees



and





When such amount or value exceeds ten thousand rupees, for every five hundred rupees, or part thereof, in excess of ten thousand rupees, up to twenty thousand rupees


Thirty rupees



and





When such amount or value exceeds, twenty thousand rupees, for every one thousand rupees, or part thereof, in excess of twenty thousand rupees up to fifty thousand rupees


Thirty-seven rupees



and





When such amount or value exceeds fifty thousand rupees, for every five thousand rupees, or part thereof in excess of fifty thousand rupees:


Fifty rupees



Provided that maximum fee leviable on a plaint or memorandum of appeal shall not exceed eleven thousand rupees".



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

"6.

Copy or translation of a judgment or order not being or having the force of a decree


When such judgment or order is passed by any Civil Court other than High Court, or by the Presiding Officer of any Revenue Court or officer or by any other Judicial or Executive Authority:






(a) if the amount or value of the subject-matter is fifty or less than fifty rupees


Two rupees




(b) if such amount or value exceeds fifty rupees


Three rupees




when such judgment or order is passed by a High Court


Five rupees

7.

Copy of a decree or order having the force of a decree


When such decree or order is made by any Civil Court other than a High, Court, or by any Revenue Court-






(a) if the amount or value of the subject-matter of the suit wherein such decree or order is made is fifty or less than fifty rupees


Three rupees




(b) if such amount or value exceeds fifty rupees


Four rupees




when such decree or order is made by High Court


Ten rupees

8.

Copy of any document liable to stamp-duty under the Indian Stamp Act, 1899 (Act 2 of 1899), when left by any party to a suit or proceeding in place of the original withdrawn


(a) when the stamp-duty chargeable on the original does not exceed one rupee


The amount of the duty chargeable on the original.




(b) in any other case


Two rupees

9.

Copy of any revenue or judicial proceeding or order not otherwise provided for by this Act, or copy of any account, statement, report or the like, taken out of any Civil or Criminal or Revenue Court or office or from the office of any Chief Officer charged with the executive administration of Division.


For every three hundred and sixty words or fraction of three hundred and sixty words


Two rupees".

(3) the table of rates of ad valorem fees leviable on the institution of suits at the end shall be substituted by the following:-

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. Np.

...

5

1.00

5

10

2.00

10

15

2.00

15

20

3.00

20

25

3.00

25

30

4.00

30

35

5.00

35

40

5.00

40

45

6.00

45

50

7.00

50

55

7.00

55

60

8.00

60

65

9.00

65

70

9.00

70

75

10.00

75

80

11.00

80

85

11.00

85

90

12.00

90

95

13.00

95

100

13.00

100

110

16.00

110

120

18.00

120

130

21.00

130

140

22.00

140

150

23.00

150

160

26.00

160

170

28.00

170

180

30.60

180

190

31.00

190

200

33.00

200

210

34.00

210

220

36.00

220

230

37.00

230

240

39.00

240

250

41.00

250

260

42.00

260

270

44.00

270

280

45.00

280

290

47.00

290

300

49.00

300

310

50.00

310

320

52.00

320

330

53.00

330

340

55.00

340

350

57.00

350

360

58.00

360

370

60.00

370

380

61.00

380

390

63.00

390

400

64.00

400

410

66.00

410

420

68.00

420

430

69.00

430

440

71.00

440

450

72.00

450

460

74.00

460

470

76.00

470

480

77.00

480

490

79.00

490

500

80.00

500

510

82.00

510

520

83:00

520

530

85.00

530

540

87.00

540

550

88.00

550

560

90.00

560

570

91.00

570

580

93.00

580

590

95.00

590

600

96.00

600

610

98.00

610

620

99.00

620

630

101.00

630

640

102.00

640

650

104.00

650

660

106.00

660

670

107.00

670

680

109.00

680

690

110.00

690

700

112.00

700

710

114.00

710

720

115.00

720

730

117.00

730

740

118.00

740

750

120.00

750

760

122.00

760

770

123.00

770

780

125.00

780

790

127.00

790

800

128.00

800

810

129.00

810

820

131.00

820

830

133.00

830

840

134.00

840

850

136.00

850

860

137.00

860

870

139.00

870

880

141.00

880

890

142.00

890

900

144.00

900

910

145.00

910

920

147.00

920

930

149.00

930

940

150.00

940

950

151.00

950

960

153.00

960

970

155.00

970

980

156.00

980

990

158.00

990

1,000

159.00

1,000

1,100

169.00

1,100

1,200

179.00

1,200

1,300

189.00

1,300

1,400

199.00

1,400

1,500

209.00

1,500

1,600

219.00

1,600

1,700

229.00

1,700

1,800

239.00

1,800

1,900

249.00

1,900

2,000

259.00

2,000

2,100

268.00

2,100

2,200

278.00

2,200

2,300

288.00

2,300

2,400

298.00

2,400

2,500

308.00

2,500

2,600

318.00

2,600

2,700

328.00

2,700

2,800

338.00

2,800

2,900

348.00

2,900

3,000

358.00

3,000

3,100

367.00

3,100

3,200

377.00

3,200

3,300

387.00

3,300

3,400

397.00

3,400

3,500

407.00

3,500

3,600

417.00

3,600

3,700

427.00

3,700

3,800

437.00

3,800

3,900

447.00

3,900

4,000

457.00

4,000

4,100

466.00

4,100

4,200

476.00

4,200

4,300

486.00

4,300

4,400

496.00

4,400

4,500

506.00

4,500

4,600

516.00

4,600

4,700

526.00

4,700

4,800

536.00

4,800

4,900

546.00

4,900

5,000

556.00

5,000

5,100

565.00

5,100

5,200

575.00

5,200

5,300

585.00

5,300

5,400

595.00

5,400

5,500

605.00

5,500

5,600

615.00

5,600

5,700

625.00

5,700

5,800

635.00

5,800

5,900

645.00

5,900

6,000

655.00

6,000

6,100

664.00

6,100

6,200

674.00

6,200

6,300

684.00

6,300

6,400

694.00

6,400

6,500

704.00

6,500

6,600

714.00

6,600

6,700

724.00

6,700

6,800

734.00

6,800

6,900

744.00

6,900

7,000

754.00

7,000

7,100

763.00

7,100

7,200

773.00

7,200

7,300

783.00

7,300

7,400

793.00

7,400

7,500

803.00

7,500

7,750

813.00

7,750

8,000

823.00

8,000

8,250

833.00

8,250

8,500

843.00

8,500

8,750

853.00

8,750

9,000

862.00

9,000

9,250

872.00

9,250

9,500

882.00

9,500

9,750

892.00

9,750

10,000

1,001.00

10,000

10,500

1,031.00

10,500

11,000

1,090.00

11,000

11,500

1,090.00

11,500

12,000

1,120.00

12,000

12,500

1,150.00

12,500

13,000

1,179.00

13,000

13,500

1,209.00

13,500

14,000

1,239.00

14,000

14,500

1,268.00

14,500

15,000

1,298.00

15,000

15,500

1,328.00

15,500

16,000

1,357.00

16,000

16,500

1,387.00

16,500

17,000

1,417.00

17,000

17,500

1,447.00

17,500

18,000

1,476.00

18,000

18,500

1,505.00

18,500

19,000

1,536.00

19,000

19,500

1,565.00

19,500

20,000

1,595.00

20,000

21,000

1,569.00

21,000

22,000

1,674.00

22,000

23,000

1,714.00

23,000

24,000

1,753.00

24,000

25,000

1,786.00

25,000

26,000

1,833.00

26,000

27,000

1,872.00

27,000

28,000

1,912.00

28,000

29,000

1,951.00

29,000

30,000

1,991.00

30,000

31,000

2,031.00

31,000

32,000

2,070.00

32,000

33,000

2,110.00

33,000

34,000

2,149.00

34,000

35,000

2,189.00

35,000

36,000

2,229.00

36,000

37,000

2,268.00

37,000

38,000

2,314.00

38,000

39,000

1,347.00

39,000

40,000

2,387.00

40,000

41,000

2,427.00

41,000

42,000

2,460.00

42,000

43,000

2,505.00

43,000

44,000

2,545.00

44,000

45,000

2,585.00

45,000

46,000

2,635.00

46,000

47,000

2,664.00

47,000

48,000

2,704.00

48,000

49,000

2,743.00

49,000

50,000

2,783.00

50,000

55,000

2,833.00

55,000

60,000

2,882.00

60,000

65,000

2,932.00

65,000

70,000

2.981.00

70,000

75,000

3,031.00

75,000

80,000

3,080.00

80,000

85,000

3,130.00

85,000

90,000

3,179.00

90,000

95,000

3,229.00

95,000

1,00,000

3,278.00

1,00,000

1,05,000

3,328.00

1,05,000

1,10,000

3,377.00

1,10,000

1,15,000

3,427.00

1,15,000

1,20,000

3,476.00

1,20,000

1,25,000

3,526.00

1,25,000

1,30,000

3,575.00

1,30,000

1,35,000

3,625.00

1,35,000

1,40,000

3,674.00

1,40,000

1,45,000

3,724.00

1,45,000

1,50,000

3,773.00

1,50,000

1,55,000

3,823.00

1,55,000

1,60,000

3,872.00

1,60,000

1,65,000

3,922.00

1,65,000

1,70,000

3,971.00

1,70,000

1,75,000

4,021.00

1,75,000

1,80,000

4,070.00

1,80,000

1,85,000

4,120.00

1,85,000

1,90,000

4,169.00

1,90,000

1,95,000

4,219.00

1,95,000

2,00,000

4,268.00

2,00,000

2,05,000

4,318.00

and the fee increases at the rate of forty-one rupees and twenty five paise for every five thousand rupees or part thereof, up to a maximum fee of eleven thousand rupees for example:-

When the amount or value of the subject-matter exceeds

But does not exceed

Proper fee

(1)

(2)

(3)


Rs.

Rs. Np.


3,00,000

5,258.00


4,00,000

6.248.00


5,00,000

7,238.00


6,00,000

8,228.00


7,00,000

9,218.00


8,00,000

10,208.00


9,00,000

11.198.00


10,00,000

12,188.00


11,00,000

13,178.00


11,05,000

13,228.00

3. Amendment of Schedule II of Act 7 of 1870. - For Schedule II to the Principal Act, the following shall be substituted, namely:-

"Schedule II

Fixed Fees


Number




Proper Fee

1.

Application or petition


(a) When presented to any officer of the Customs or Excise Department or to any Magistrate by any person having dealings with the Government, and when the subject-matter of such application relates exclusively to those dealings; or


One rupee




when presented to any Municipal Board or other local authority constituted under any Act for the time being in force for the conservancy or improvement of any place, if the application or petition relates solely to such conservancy or improvement; or






when presented to any Civil Court other than a principal Civil Court of original jurisdiction, or to any Court of Small Causes constituted under Act No. 11 of 1865 or under Act No. 16 of 1868, Section 20 or to a Collector or other officer of revenue in relation to any suit or case in which the amount or value of the subject-matter is less than fifty rupees; or






when presented to any Civil, Criminal or Revenue Court, or to any Board or executive officer for the purpose of obtaining a copy or translation of any judgment, decree or order passed by such Court, Board or officer, or of any other document on record in such Court or Office






(b) When presented in a Regional Transport Authority or State Transport Authority containing a prayer for permit for Contract Carriage, Stage Carriage, Private Carrier or Public Carrier or for any other purpose


Twelve rupees




(c) When containing a complaint or charge of any offence other than an offence for which police officer may, under the Criminal Procedure Code, arrest without warrant and presented to any Criminal Court; or when presented to a Civil, Criminal or Revenue Court, or to a Collector or any revenue officer having jurisdiction equal or subordinate to a Collector, or to any Magistrate in his executive capacity, and not otherwise provided for by this Act, or to deposit in Court as revenue or rent; or for determination by a Court of the amount of compensation to be paid by a land lord to his tenant; or


In the case of a complaint or charge of an offence presented to a criminal court or in the case of an application or petition 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 one rupee and sixty-five paise and in other case one rupee and ten paise.




when presented 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; 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.


Two rupees




When presented to any officer of land revenue by any person the kabulyat application for settlement of land under direct engagement with Government


Three rupees




(d) When presented to a Chief Commissioner or other Chief Controlling Revenue or Executive Authority, or to a Commissioner of Revenue or Circuit, or to any chief officer charged with the executive administration of a Division and not otherwise provided for by this Act


Four rupees




(e) When presented to a High Court






(i) under Article 226 of the Constitution


Sixty rupees




(ii) in all other matters


Twelve rupees




(f) When presented to any officer containing prayer for settlement of fishery, ferry, forest produce, forest mahals, elephant mahals, or an officer giving terms for acceptance of Government for any construction or an application for a permit or licence to deal in controlled commodities






(g) When presented to am Appropriate Revenue Authority for demarcation of land-






(i) when the area of such land does not exceed one hectare


Three rupees




(ii) for each subsequent area of one hectare or part thereof


Two rupees

1-A.

Application to any Civil Court that that records may be called for from another Court


When the Court grants the application and is of opinion the transmission of such record involves the use of the post


Two rupees in addition to any fee levied on the application under Clause (a), Clause(c) or Clause(e) of Article 1 of this Schedule.

2.

Application for leave to sue as a pauper




Two rupees

3.

Application for leave to appeal as a pauper


(a) When presented to a District Court


Three rupees




(b) When presented to a commissioner or a High Court


Four rupees

4.

........





5.

Plaint or memorandum of appeal in a suit to establish or disprove a right of occupancy





6.

Bail-bond or other instrument of obligation given in pursuance of an order made by a Court or Magistrate under any section of the Code of Criminal Procedure, 1898 (Act 5 of 1898) or the Code of Civil Procedure, 1908 (Act 5 of 1908) and not otherwise provided for by this Act




Two rupees

7.

Undertaking under Section 49 of the Indian Divorce Act, 1869 (Act 4 of 1869).





8.

.....





9.

.....





10.

Mukhtarnama or Wakalatnama


When presented for the conduct of any one case-






(a) to any Civil or Criminal Court other than a High Court, or to any Revenue Court, or to any Collector or Magistrate, or other executive officer except such as are mentioned in Clauses (b) and (c) of this number.


Two rupees




(b) to a Commissioner of Revenue, Circuit or Customs officer or to any officer charged with the executive administration of a Division, not being the Chief Revenue or Executive Authority


Three rupees




(c) to a High Court, Chief Commissioner, Board of Revenue, or other Chief Controlling Revenue or executive authority or an appellate authority prescribed under the Motor Vehicles Act, 1939 (Act 4 of 1939) or to an appellate authority prescribed under the Assam Sales Tax Act, 1947 (Assam Act 17 of 1947).


Seven rupees

11.

Memorandum of appeal when the appeal is not from a decree or an order having the force of a decree, and is presented-


(a) to any Civil Court other than a High Court, or to any Revenue Court or executive officer other than the High Court or Chief Controlling Revenue or Executive Authority except an authority specified in Clause (b)


Four rupees




(b) to an Excise Appellate Authority under Rule 340 of the Assam Excise Rules


Twenty rupees




(c) to a High Court or Chief Commissioner, or other Chief Controlling Executive or Revenue Authority except an authority prescribed in Clause (b)


Thirteen rupees




(d) to an Excise Appellate Authority under Rule 341 of the Assam Excise Rules


Sixty-six rupees




(e) to a High Court in Miscellaneous revenue matters except (f) below or to an appellate authority prescribed under the Motor Vehicles Act, 1939 (Act 4 of 1939); and


Twenty rupees




(f) to a High Court in appeal and revision matters arising out of settlement of fishery-






(i) when the bid money is below ten thousand rupees


Twenty rupees




(ii) when the bid money is above ten thousand rupees but below twenty-thousand rupees


Thirty-three rupees




(iii) when the bid money is above twenty thousand rupees


Forty rupees

12.

Caveat.


......


Seven rupees

13.

Application under Act No. 10 of 1859, Section 26, or Bengal Act No. 6 of 1862, Section 9, or Bengal Act No. 8 of 1859, Section 37




Seven rupees

14.

Petition in suit under the Native Converts' Marriage Dissolution Act, 1866 (Act 21 of 1866)




Seven rupees

15.

.....





16.

.....





17.

Plaint or memorandum of appeal in each of the following suits-


(i) to alter or set aside a summary decision or order of any of the Civil Courts not established by Letters Patent or of any Revenue Court;


Twenty rupees




(ii) to alter or cancel any entry in a register of the names of proprietors of revenue-paying estates






(iii) to obtain a declaratory decree where no consequential relief is prayed


Twenty-four rupees




(iv) to set aside an award


Twenty rupees




(v) to set-aside an adoption


Twenty-seven rupees




(vi) every other suit where it is not possible to estimate at a money-value the subject-matter in dispute, and which is not otherwise provided or by this Act


Twenty rupees

18.

Application under Section 14 of Section 20 of the Indian Arbitration Act, 1940 (Act 10 of 1940), for a direction for filing an award or for an order for filing an agreement


When presented to a Munsif's Court


Twenty rupees




When presented to any other Court


Sixty-six rupees

19.

Agreement in writing stating in question for the opinion of the Court under the Code of Civil Procedure, 1908 (Act 5 of 1908)




Twenty rupees

20.

Every petition under the Indian Divorce Act, 1869 (Act 4 of 1869) except petitions under Section 44 of the same Act, and every memorandum of appeal under Section 55 of the same Act




Twenty-seven rupees.

21.

Plaint or memorandum of appeal under the Parsi Marriage and Divorce Act, 1865 (Act 15 of 1865)




Twenty-seven rupees

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