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The Jaintia Hills Autonomous District (Court-Fees) Rules, 1984
Published vide Notification No. DCA 95/84/40, dated the 20th June, 1985
ner280
(a) "Court" means a Court constituted by the Jaintia Hills Autonomous District Council under the Sixth Schedule to the Constitution of India.
(b) "Executive Committee" means the Executive Committee of the Jaintia Hills Autonomous District Council.
(c) "Gazette" means the official Gazette of the State of Meghalaya.
(d) "Jaintia Hills Autonomous District Council" means the Jaintia Hills Autonomous District Council as constituted under the Sixth Schedule of the Constitution of India.
(e) "Judge" means the Judge of the District Council Court.
(f) "Law" means any law, regulation or rules made up by the Jaintia Hills Autonomous District Council under the provisions of the Sixth Schedule to the Constitution of India, or any other Act, regulation or rules in force in the Jaintia Hills Autonomous District.
3. Application. - The rules shall apply to all suits, cases, appeal or proceeding before Courts or Tribunals constituted by the Jaintia Hills Autonomous District Council. 4. Fees on documents filed, etc. in Court. - No document of any of the kinds specified in the First or Second Schedule to these Rules as chargeable with fees shall be filed, exhibited or recorded in or shall be received or furnished by any Court or Tribunal constituted by the District Council in any suit, case, appeal or proceedings coming before such Court or Tribunal 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 Schedule as the proper fee for such document. 5. Rate of fees in force or date of presentation to be applicable. - All fees shall be charged and paid under these Rules at the rate in force on the date on which the document chargeable to fee is or was presented. 6. Mode of payment of fees. - All fees referred to in Rule 4 or chargeable under those rules shall be collected by stamps or where on account of temporary shortage of stamps, fees cannot be paid, and payment of fees cannot be indicated on documents by means of stamps, the fees may be paid in cash to such officer, as may be authorised by the Executive Committee who shall certify by endorsement on the document in respect of which the fee is paid, that the proper fees have been paid and state in the said endorsement the amount of the fees so paid. 7. Stamps to be impressed or adhesive. - The stamps used to denote any fee chargeable under these rules shall be impressed or adhesive, or partly impressed and partly adhesive, as the Executive Committee may by notification in the Gazette from time to time direct. 8. Supply, sale, etc., of stamps. - The Executive Committee may, from time to time, make regulations for regulating-(a) the supply of stamps to be used under these rules;
(b) the number of stamps to be used for denoting any fees chargeable under these rules;
(c) the renewal of damaged or spoiled stamps;
(d) the keeping of accounts of all stamps unused under these rules;
(e) the sale of stamps to be used under these rules, the person by whom alone such sale is to be conducted, the duties and remuneration of such person;
(f) the keeping of accounts and custody in respect of fees paid in cash;
(g) all such regulations shall be published in the Gazette and thereupon shall have the force of law.
9. Penalty. - Any person appointed to sell stamps who disobeys any of the regulations made under Rule 8 and any person not so appointed who sells or offers for sale any stamps, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. 10. Procedure in case of difference as to necessity or amount of fee. - When any difference arises between the officer whose duly it is to see that any fee is paid under these rules and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall be referred to the Court in which the difference arises and its decision thereon shall be final except when the question is in the opinion of such Court one of general importance, in which case it shall refer it to the final decision of the Judge. 11. Stamping documents inadvertently received. - No document which ought to bear Court Fee Stamps or for which cash payment of an equivalent amount ought to be paid under these rules shall be of any validity, unless and until it is properly stamped or an equivalent cash payment in lieu thereof is made. In case any such document is through mistake or inadvertence received, filed or used in any Court or Tribunal, without proper fees paid on it such Court or Tribunal, as the case may be, may, if it thinks fit, order that such document be stamped or the equivalent cash payment be made, whichever is applicable, and on such document being stamped or cash payment being made accordingly the same and every proceeding relating thereto shall be as valid as if proper fees on it has been paid in the first instance. 12. Amended documents. - When any document is amended in order merely to correct a mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose a fresh fee. 13. Cancellation of stamp. - No document stamped under these rules shall be filed or acted upon in any proceedings under any law in any Court or Tribunal until the stamp has been cancelled by the officer so declared under Rule 10 or a Certificate endorsed under Rule 6, as the case may be. 14. Admission in criminal matters of documents for which proper fee has not been paid. - Whenever the filing or exhibition, on a criminal matter in any Court, of a document of which the proper fee has not been paid is, in the opinion of such Court, necessary to prevent a failure of justice, nothing in these rules shall be deemed to prohibit, such filing or exhibition. 15. Power to reduce or remit fees. - The Executive Committee may, from time to time by order notified in the Gazette, reduce or remit in the whole or any part of the Territory under the administration of the Jaintia Hills Autonomous District Council, all or any of the fees mentioned in the First or Second Schedule to these rules, and in like manner cancel or vary such order. 16. Process fees. - The Executive Committee may, from time to time by notification in the Gazette, fix the fees chargeable for serving and executing processes issued by the Courts in civil or criminal matters and, until such fixation, the fees now leviable for serving- and executing processes shall continue to be levied arid shall be deemed to be fees leviable under these rules. 17. Computation of fees payable in certain suits. - The fee payable under these rules in the suits next hereafter mentioned shall be computed as follows:(1) For money. In suits for money (including suits for damages or compensation or arrears of maintenance of annuities, or other sums payable periodically) according to the amount claimed.
(2) For maintenance and annuities. In suits for maintenance and annuities or other sum/sums payable periodically according to the value of the subject-matter of the suit and such value shall be deemed to be ten times the amount claimed to be payable for one year.
(3) For movable property having a market value. In suits for moveable property other than money where the subject-matter has a market value according to such value at the date of presenting plaint.
(4) In suits-
(a) To enforce a right to share in joint family property to enforce the right to share in any property on the ground that it is joint family property; and
(b) For easement for the right to some benefits (not herein otherwise provided for) to arise out of land; and
(c) For account. According to the amount at which the relief sought is valued in the plaint or memorandum of appeal.
(5) In suits-
Four houses and gardens. When the subject matter is house or garden according to the market value of the house or garden.
(6) To redeem to foreclose-
In suits against a mortgage for the recovery of the property mortgaged.
And in suits by a mortgagee to foreclose the mortgage or where the mortgage is made by conditional sale, to have the sale declared absolute.
(7) For specific performance. According to the principal money expressed to be secured by the instrument of mortgage.
In suits for specific performance-
(a) of a contract for sale - according to the amount of the consideration;
(b) of contract of mortgage - according to the amount agreed to be secured;
(c) of 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.
(8) For possession of lands, houses and gardens. In suits for possession of land, house and garden according to the value of the subject matter; and such value shall be deemed to be-
Where the subject matter is land and net profits have arisen from the land during the year next before the date of presenting the plaint-fifteen times such net profits.
But where no such net profits have arisen therefrom-the amount at which the Court shall estimate with reference to the value of similar lands in the neighbourhood.
For house and garden. Where the subject matter is house or garden according to the market value of the house or garden.
(9) Between landlord and tenant. In the following suits between landlord and tenant-
(a) for delivery by a tenant of the counterpart of a lease;
(b) to enhance the rent of a tenant having a right of an occupancy;
(c) for delivery by a landlord of a lease;
(d) for the recovery of immovable property from the tenant, including a tenant holding over after determination of a tenancy;
(e) to contest a notice of ejectment;
(f) to recover the occupancy of immovable property for which a tenant has been illegally ejected by the landlord; and
(g) for abatement of rent - according to the amount of the rent of immovable property to which the suit refers, payable for the year next before the date of presenting of plaint.
Schedule I
(See Rule 4)
Ad valorem fees
|
|
Number |
|
|
|
Proper fee |
|
|
(1) |
|
(2) |
|
(3) |
|
1. |
Plaint, written statement pleading a set-off or counterclaim or memorandum of appeal or of cross-objection presented to any Court or Tribunal |
|
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 |
|
Re. 0.30 p. |
|
|
|
|
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 |
|
Re. 0.50 p. |
|
|
|
|
and |
|
|
|
|
|
|
When such amount or value exceeds one hundred and fifty rupees, for every fifty rupees or part thereof up to one hundred rupees |
|
Re. 1.00 |
|
|
|
|
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 |
|
Rs. 5.00 |
|
|
|
|
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 |
|
Rs. 10.00 |
|
|
|
|
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 |
|
Rs. 15.00 |
|
|
|
|
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 |
|
Rs. 20.00 |
|
|
|
|
and |
|
|
|
|
|
|
When such amount or value exceeds fifty thousand rupees, for every five thousand rupees, or part thereof in excess of fifty thousand rupees |
|
Rs. 25.00 |
|
|
|
|
Provided that maximum fee leviable on a plaint or memorandum of appeal shall not exceed Rs. 3,000-00. |
|
|
|
2. |
Copy of judgment or order not being or having the force of a decree |
|
(a) If the amount or value of the subject-matter is fifty or less than fifty rupees |
|
Rs. 2.00 |
|
|
|
|
(b) If such amount or value of the subject-matter exceeds fifty rupees. |
|
Rs. 3.00 |
|
3. |
Copy of a decree or order having the force of a decree |
|
(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 |
|
Rs. 2.00 |
|
|
|
|
(b) If such amount or value exceeds fifty rupees: |
|
Rs. 5.00 |
|
|
|
|
Provided that in case of application or urgent certified copies in respect of (2) and (3) above an additional fee of Rs. 2 (Rupees two) only shall be realised: |
|
|
|
|
|
|
Provided further that an additional amount of Rs. 5 (Rupees five) only shall be realised as searching fee in respect of application for copies of judgement/ decree/order etc. disposed of more than a year from the date of the application. |
|
|
|
4. |
Application for review of judgement if presented before the ninetieth day from the date of the decree |
|
|
|
One-half of the fee leviable on the plaint or memorandum of appeal. |
|
5. |
Application for review of judgement, if presented on or after the ninetieth day from the date of the decree |
|
|
|
The fee leviable on the plaint or memorandum of appeal. |
|
6. |
Certificate under "The Indian Succession Act, 1925". |
|
In any case up to one thousand rupees |
|
One per centum. |
|
|
|
|
When the amount or value exceeds one thousand rupees or part thereof, up to ten thousand rupees |
|
Two per centum. |
|
|
|
|
When the amount or value exceeds ten thousand rupees, or part thereof, up to forty thousand rupees |
|
Three per centum. |
|
|
|
|
When the amount or value exceeds forty thousand rupees, or part thereof, up to one lakh rupees, |
|
Four per centum. |
|
|
|
|
When the amount or value exceeds one lakh rupees; or part thereof; up to fifteen lakh rupees and above. |
|
Five per centum. |
Table of rates 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. |
|
00 |
50 |
5.00 |
|
50 |
70 |
5.50 |
|
70 |
90 |
6.00 |
|
90 |
100 |
7.50 |
|
100 |
150 |
9.00 |
|
150 |
200 |
10.00 |
|
200 |
225 |
12.00 |
|
225 |
250 |
14.00 |
|
250 |
300 |
15.00 |
|
300 |
310 |
17.00 |
|
310 |
320 |
19.00 |
|
320 |
330 |
21.00 |
|
330 |
340 |
23.00 |
|
340 |
350 |
25.00 |
|
350 |
360 |
26.00 |
|
360 |
370 |
28.70 |
|
370 |
380 |
29.00 |
|
380 |
390 |
30.00 |
|
390 |
400 |
31.00 |
|
400 |
410 |
32.00 |
|
410 |
420 |
32.50 |
|
420 |
430 |
33.00 |
|
430 |
440 |
33.50 |
|
440 |
450 |
34.00 |
|
450 |
460 |
34.00 |
|
460 |
470 |
35.00 |
|
470 |
480 |
36.00 |
|
480 |
490 |
36.50 |
|
490 |
500 |
37.00 |
|
500 |
510 |
38.00 |
|
510 |
520 |
39.00 |
|
520 |
530 |
40.00 |
|
530 |
540 |
40.50 |
|
540 |
550 |
41.00 |
|
550 |
560 |
42.50 |
|
560 |
570 |
42.40 |
|
570 |
580 |
43.00 |
|
580 |
590 |
44.00 |
|
590 |
600 |
45.00 |
|
600 |
610 |
46.00 |
|
610 |
620 |
46.50 |
|
620 |
630 |
47.00 |
|
630 |
640 |
48.00 |
|
640 |
650 |
48.50 |
|
650 |
660 |
49.00 |
|
660 |
670 |
50.00 |
|
670 |
680 |
51.00 |
|
680 |
690 |
51.50 |
|
690 |
700 |
52.00 |
|
700 |
710 |
53.00 |
|
710 |
720 |
54.00 |
|
720 |
730 |
55.00 |
|
730 |
740 |
55.50 |
|
740 |
750 |
56.00 |
|
750 |
760 |
57.00 |
|
760 |
770 |
58.00 |
|
770 |
780 |
58.50 |
|
780 |
790 |
59.00 |
|
790 |
800 |
60.00 |
|
800 |
810 |
60.50 |
|
810 |
820 |
61.00 |
|
820 |
830 |
62.00 |
|
830 |
840 |
63.00 |
|
840 |
850 |
64.00 |
|
850 |
860 |
64.50 |
|
860 |
870 |
65.00 |
|
870 |
880 |
66.00 |
|
880 |
890 |
67.00 |
|
890 |
900 |
67.50 |
|
900 |
910 |
68.00 |
|
910 |
920 |
69.00 |
|
920 |
930 |
70.00 |
|
930 |
940 |
70.50 |
|
940 |
950 |
71.00 |
|
950 |
960 |
72.00 |
|
960 |
970 |
73.00 |
|
970 |
980 |
73.50 |
|
980 |
990 |
74.00 |
|
990 |
1,000 |
75.00 |
|
1,000 |
1,100 |
80.00 |
|
1,100 |
1,200 |
85.00 |
|
1,200 |
1,300 |
90.00 |
|
1,300 |
1,400 |
95.00 |
|
1,400 |
1,500 |
100.00 |
|
1,500 |
1,600 |
105.00 |
|
1,600 |
1,700 |
110.00 |
|
1,700 |
1,800 |
115.00 |
|
1,800 |
1,900 |
120.00 |
|
1,900 |
2,000 |
125.00 |
|
2,000 |
2,100 |
130.00 |
|
2,100 |
2,200 |
135.00 |
|
2,200 |
2,300 |
140.00 |
|
2,300 |
2,400 |
145.00 |
|
2,400 |
2,500 |
150.00 |
|
2,500 |
2,600 |
155.00 |
|
2,600 |
2,700 |
160.00 |
|
2,700 |
2,800 |
165.00 |
|
2,800 |
2,900 |
170.00 |
|
2,900 |
3,000 |
175.00 |
|
3,000 |
3,100 |
180.00 |
|
3,100 |
3,200 |
185.00 |
|
3,200 |
3,300 |
190.00 |
|
3,300 |
3,400 |
195.00 |
|
3,400 |
3,500 |
200.00 |
|
3,500 |
3,600 |
205.00 |
|
3,600 |
3,700 |
210.00 |
|
3,700 |
3,800 |
215.00 |
|
3,800 |
3,900 |
220.00 |
|
3,900 |
4,000 |
225.00 |
|
4,000 |
4,100 |
230.00 |
|
4,100 |
4,200 |
235.00 |
|
4,200 |
4,300 |
240.00 |
|
4,300 |
4,400 |
245.00 |
|
4,400 |
4,500 |
250.00 |
|
4,500 |
4,600 |
255.00 |
|
4,600 |
4,700 |
260.00 |
|
4,700 |
4,800 |
265.00 |
|
4,800 |
4,900 |
270.00 |
|
4,900 |
5,000 |
275.00 |
|
5,000 |
5,250 |
285.00 |
|
5,250 |
5,500 |
295.00 |
|
5,500 |
5,750 |
305.00 |
|
5,750 |
6,000 |
315.00 |
|
6,000 |
6,250 |
325.00 |
|
6,250 |
6.500 |
335.00 |
|
6,500 |
6,750 |
345.00 |
|
6,750 |
7,000 |
355.00 |
|
7,000 |
7,250 |
365.00 |
|
7,250 |
7,500 |
375.00 |
|
7,500 |
7,750 |
385.00 |
|
7,750 |
8,000 |
395.00 |
|
8,000 |
8,250 |
405.00 |
|
8,250 |
8,500 |
415.00 |
|
8,500 |
8,750 |
425.00 |
|
8,750 |
9,000 |
435.00 |
|
9,000 |
9,250 |
445.00 |
|
9,250 |
9,500 |
455.00 |
|
9,500 |
9,750 |
465.00 |
|
9,750 |
10,000 |
475.00 |
Schedule II
(See Rule 11)
Fixed Fees
|
|
Number |
|
|
Proper fee |
|
|
(1) |
|
(2) |
(3) |
|
1. |
Application or petition |
|
When presented to the Court in exercise of its civil or criminal jurisdiction for the purpose of obtaining any copy of a document, or order passed by such Court or the deposition of witnesses in any case or suit before such Court. |
Rs. 2.00 |
|
|
|
|
When presented to the tribunal for the purpose of obtaining any copy of a document, or order passed by such tribunal or the deposition of witnesses in any case before such tribunal |
Rs. 2.00 |
|
|
|
|
When presented to the Court in exercise of its civil or criminal jurisdiction for any other purpose as envisaged under the Civil Procedure Code, or the Code of Criminal Procedure |
Rs. 2.00 |
|
|
|
|
When presented to any Court in any matter related to any other law |
Rs. 5.00 |
|
2. |
Application to any Court that records may be called for from an another Court |
|
When the Court grants the application and is of the opinion that the transmission of such records involves the use of process servers or peon of the Court. |
Rs. 10.00 |
|
3. |
Bail-bond affidavit, or other instrument of obligation given in pursuance of an order made by a Court or Magistrate under any section has contemplated in the Code of Criminal Procedure or the Civil Procedure Code |
|
|
Rs. 2.00 |
|
4. |
Affidavit in general |
|
|
Rs. 5.00 |
|
5. |
Undertaking under Section 49 of the Indian Divorce Act, 1869 |
|
|
Rs. 2.00 |
|
6. |
Vakalatnama |
|
|
Rs. 20.00 |
|
7. |
Memorandum of appeal when the appeal is not from a decree or an order having the force of a decree and is presented- |
|
(1) to any Court other than the Court of the Judge, District Council Court |
Rs. 3.00 |
|
|
|
|
(2) to the Court of the Judge, District Council Court |
Rs. 5.00 |
|
8. |
Plaint or memorandum of appeal in each of the following suits- |
|
(1) to alter to set aside a summary decision or order of any Court other than that of the Court of the Judge, District Council Court |
Rs. 17.00 |
|
|
|
|
(2) to alter or cancel any documents or entry in any register |
Rs. 17.00 |
|
|
|
|
(3) to obtain a declaration decree where no consequential relief is prayed |
Rs. 22.00 |
|
|
|
|
(4) for injunction |
Rs. 11.00 |
|
|
|
|
(5) 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 for in these rules. |
Rs. 17.00 |
|
9. |
Agreement in writing stating a question for the opinion of the Court as contemplated under the Code of Civil Procedure, 1908 |
|
|
Rs. 17.00 |
|
10. |
Every petition where the Indian Divorce Act, 1869 except petition under Section 44 of the same Act |
|
|
Rs. 25.00 |
|
11. |
Plaint or memorandum of appeal under any law except the Criminal Procedure Code or any matter contemplated under the Code of Civil Procedure or law which have not been otherwise provided for in these rules. |
|
|
Rs. 17.00 |
