The Court Fees Act, 1870 (Central Act 7 of 1870) in its application to the State of Goa, is hereby repealed:
Provided that, such repeal shall not affect the previous operation of any of the laws so repealed and anything done or any action taken (including any appointment, notification, order, rule, form, application, reference, notice, report or certificate made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or taken under the corresponding provision of this Act and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act:
---28--- “SCHEDULE I” Ad valorem Fees Article number Proper fee
(1) (2) (3) When the amount or value of the subject-matter in dispute does not exceed one thousand rupees.
Two hundred rupees When such amount or value exceeds one thousand rupees, for every one hundred rupees, Twelve rupees or part thereof, in excess of one thousand rupees, upto five thousand rupees.
1. 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.
2. Plaint in a suit for possession under section 6 of the Specific Relief Act, 1963 (47 of 1963).
3. Application to the Collector for reference to the Court under section 18 of the Land Acquisition When such amount or value exceeds five thousand rupees, for every hundred rupees, or part thereof, in excess, of five thousand rupees, upto ten thousand rupees.
When such amount or value exceeds ten thousand rupees, for every five hundred rupees, or part thereof, in excess of ten thousand rupees, upto twenty thousand rupees.
When such amount or value exceeds twenty thousand rupees, for every one thousand rupees, or part thereof, in excess of twenty thousand rupees, upto thirty thousand rupees.
When such amount or value exceed thirty thousand rupees, for every two thousand rupees, or part thereof, in excess of thirty thousand rupees, upto fifty thousand rupees.
When such amount or value exceeds fifty thousand rupees, for every five thousand rupees, or part thereof, in excess of fifty thousand rupees, upto one lakh rupees.
When such amount or value exceeds one lakh rupees, for every ten thousand rupees, or part thereof, in excess of one lakh rupees, upto eleven lakh rupees.
When such amount or value exceeds eleven lakhs rupees, for every one lakh rupees, or part thereof, in excess of eleven lakhs rupees.
Provided that, the maximum fee leviable on such plaint or memorandum of appeal shall be three lakh rupees.
Fifteen rupees Seventy five rupees One hundred rupees One hundred rupees One hundred and fifty rupees Two hundred rupees One thousand and two hundred rupees A fee of one half the amount prescribed in the scale under article 1 of this Schedule.
One half of fee on the difference between the amount claimed by the applicant and the ---27---
(1) (2) (3) Act, 1894 (1 of 1894) or to the authority under section 64 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013).
4. Application for review of judgment, if presented on or after the ninetieth day from the date of the decree.
5. Application for review of judgment, if presented before the ninetieth day from the date of the decree.
6. Copy or translation of a judgment or order not being, or having the force of, a decree.
7. Copy of a decree or order having the force of a decree.
8. Copy of any document liable to stamp duty under the Indian Stamp Act, 1899 (2 of 1899), when left by any party to a suit or proceeding in place of the original withdrawn
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 a Division.
When such judgment or order is passed by any Civil Court, other than a High Court or by the Presiding Officer of any Revenue Court or Office, or by any other Judicial or Executive Authority, When such judgment or order is passed by a High Court.
When such decree or order is made by any Civil Court other than a High Court, or by any Revenue Court When such decree or order is made by a District Court When such decree or order is made by a High Court.
(a) When the Stamp duty chargeable on the original does not exceed two hundred rupees.
(b) In any other case.
For every three hundred and sixty words or fraction of three hundred and sixty words.
amount awarded by the Collector according to the scale under article 1 of this Schedule, subject to a minimum fee of fifty rupees.
The fee leviable on the plaint or memorandum of appeal.
One-half of the fee leviable on the plaint or memorandum of appeal.
Fifty rupees.
One hundred rupees.
One hundred rupees One hundred and fifty rupees.
Two hundred rupees.
The amount of the duty chargeable on the original.
Five hundred rupees.
Ten rupees.
---28---
(1) (2) (3)
10. Probate of a will or letters of administration with or without will annexed
11. Certificate under the Indian Succession Act, 1925 (Act 39 of 1925).
When the amount or value of the property in respect of which the grant of probate or letters is made exceeds one thousand rupees, but does not exceed ten thousand rupees.
When such amount or value exceeds ten thousand rupees, but does not exceed fifty thousand rupees.
When such amount or value exceeds fifty thousand rupees, but does not exceed two lakh rupees.
When such amount or value exceeds two lakh rupees, but does not exceed three lakh rupees.
When such amount or value exceeds three lakh rupees:
Provided that when, after the grant of a certificate under the Indian Succession Act, 1925 (Act 39 of 1925), or under any law for the time being in force, in respect of any property included in an estate, a grant of probate or letters of administration is made in respect of the same estate, the fee payable in respect of the latter grant shall be reduced by the amount of the fee paid in respect of the former grant.
In any case Two and half per centum on such amount or value.
Three and half per centum on such amount or value.
Five per centum on such amount or value.
Six per centum on such amount or value.
Seven and half per centum on such amount or value, subject to the maximum of seventyfive thousand rupees:
Two and half per centum on the amount or value of any debt or security specified in the certificate under Part X section 374 of the Act, and three and half per centum 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 dividends on, or for the negotiation or transfer of, the security, or for 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. An application or petition made by any assessee to the High Court under section 256 of the Income Tax Act, 1961 (43 of 1961).
One half of ad valorem fee leviable on the amount in dispute namely, the difference between the amount of ---27---
(1) (2) (3) tax actually assessed and the amount of tax admitted by the assessee as payable by him subject to minimum fee of one hundred twenty five rupees.
13. Application or petition containing complaint or charge of an offence under section 138 of the Negotiable Instruments Act, 1881 (Act No. 26 of 1881).
(A) When the amount of cheque does not exceed ten thousand rupees.
(B) When the amount of cheque does exceed ten thousand rupees.
Two hundred rupees.
Two hundred rupees for every ten thousand rupees or part thereof subject to the maximum of rupees one lakh fifty thousand.
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.
…. 1,000 200 1,000 1,100 212 1,100 1,200 224 1,200 1,300 236 1,300 1,400 248 1,400 1,500 260 1,500 1,600 272 1,600 1,700 284 1,700 1,800 296 1,800 1,900 308 1,900 2,000 320 2,000 2,100 332 2,100 2,200 344 2,200 2,300 356 2,300 2,400 368 2,400 2,500 380 2,500 2,600 392 ---28---
(1) (2) (3) Rs. Rs. Rs.
2,600 2,700 404 2,700 2,800 416 2,800 2,900 428 2,900 3,000 440 3,000 3,100 452 3,100 3,200 464 3,200 3,300 476 3,300 3,400 488 3,400 3,500 500 3,500 3,600 512 3,600 3,700 524 3,700 3,800 536 3,800 3,900 548 3,900 4,000 560 4,000 4,100 572 4,100 4,200 584 4,200 4,300 596 4,300 4,400 608 4,400 4,500 620 4,500 4,600 632 4,600 4,700 644 4,700 4,800 656 4,800 4,900 668 4,900 5,000 680 5,000 5,100 695 5,100 5,200 710 5,200 5,300 725 5,300 5,400 740 5,400 5,500 755 5,500 5,600 770 5,600 5,700 785 ---27---
(1) (2) (3) Rs. Rs. Rs.
5,700 5,800 800 5,800 5,900 815 5,900 6,000 830 6,000 6,100 845 6,100 6,200 860 6,200 6,300 875 6,300 6,400 890 6,400 6,500 905 6,500 6,600 920 6,600 6,700 935 6,700 6,800 950 6,800 6,900 965 6,900 7,000 980 7,000 7,100 995 7,100 7,200 1,010 7,200 7,300 1,025 7,300 7,400 1,040 7,400 7,500 1,055 7,500 7,600 1,070 7,600 7,700 1,085 7,700 7,800 1,100 7,800 7,900 1,115 7,900 8,000 1,130 8,000 8,100 1,145 8,100 8,200 1,160 8,200 8,300 1,175 8,300 8,400 1,190 8,400 8,500 1,205 8,500 8,600 1,220 8,600 8,700 1,235 8,700 8,800 1,250 ---28---
(1) (2) (3) Rs. Rs. Rs.
8,800 8,900 1,265 8,900 9,000 1,280 9,000 9,100 1,295 9,100 9,200 1,310 9,200 9,300 1,325 9,300 9,400 1,340 9,400 9,500 1,355 9,500 9,600 1,370 9,600 9,700 1,385 9,700 9,800 1,400 9,800 9,900 1,415 9,900 10,000 1,430 10,000 10,500 1,505 10,500 11,000 1,580 11,000 11,500 1,655 11,500 12,000 1,730 12,000 12,500 1,805 12,500 13,000 1,880 13,000 13,500 1,955 13,500 14,000 2,030 14,000 14,500 2,105 14,500 15,000 2,180 15,000 15,500 2,255 15,500 16,000 2,330 16,000 16,500 2,405 16,500 17,000 2,480 17,000 17,500 2,555 17,500 18,000 2,630 18,000 18,500 2,705 18,500 19,000 2,780 19,000 19,500 2,855 ---27---
(1) (2) (3) Rs. Rs. Rs.
19,500 20,000 2,930 20,000 21,000 3,030 21,000 22,000 3,130 22,000 23,000 3,230 23,000 24,000 3,330 24,000 25,000 3,430 25,000 26,000 3,530 26,000 27,000 3,630 27,000 28,000 3,730 28,000 29,000 3,830 29,000 30,000 3,930 30,000 32,000 4,030 32,000 34,000 4,130 34,000 36,000 4,230 36,000 38,000 4,330 38,000 40,000 4,430 40,000 42,000 4,530 42,000 44,000 4,630 44,000 46,000 4,730 46,000 48,000 4,830 48,000 50,000 4,930 50,000 55,000 5,080 55,000 60,000 5,230 60,000 65,000 5,380 65,000 70,000 5,530 70,000 75,000 5,680 75,000 80,000 5,830 80,000 85,000 5,980 85,000 90,000 6,130 90,000 95,000 6,280 95,000 1,00,000 6,430 ---28--- and the fee increases at the rate of rupees 200 for every rupees 10,000 or part thereof upto rupees 11,00,000 and over rupees 11,00,000 at the rate of rupees 1,200 for every rupees 1,00,000 or part thereof, upto a maximum fee of rupees 31,230, for example:— Rs.
Rs.
1,00,000 6,430 2,00,000 8,430 3,00,000 10,430 4,00,000 12,430 5,00,000 14,430 6,00,000 16,430 7,00,000 18,430 8,00,000 20,430 9,00,000 22,430 10,00,000 24,430 11,00,000 26,430 12,00,000 27,630 13,00,000 28,830 14,00,000 30,030 15,00,000 31,230 “SCHEDULE II” Fixed Fees Article number — Proper fee
(1) (2) (3)
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 to 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 Council/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.
Five rupees.
Five rupees.
Five rupees.
---27---
(1) (2) (3) or when presented to any Civil Court other than a principal Civil Court of original jurisdiction or to a Collector or other officer of revenue in relation to any suit or case in which the amount or value of the subjectmatter 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 judgement, decree or order passed by such Court, Board or Officer or of any other document on record in such Court or office. .
(b) When containing a complaint or charge of any offence other than the offence under the Negotiable Instruments Act, 1881 (Act No. 26 of 1881);
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 revenue or rent;
or for determination by a Court of the amount of compensation to be paid by landlord to his tenant.
(c) 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 by this Act.
(d) When presented to any competent authority for the purpose of obtaining a certificate of domicile.
(e) When presented to the High Court,—
(i) for direction, order or writ under article 226 of the Constitution of India for the enforcement of any of the fundamental rights conferred by Part III of the Constitution of India or for the exercise of its jurisdiction under article 227 thereof.
(ii) in any other case not otherwise provided for by this Act.
Five rupees.
Five rupees.
Five rupees.
Five rupees.
Five rupees.
Five rupees.
Thirty rupees.
Twenty rupees.
Two hundred and fifty rupees.
Three hundred rupees.
---28---
(1) (2) (3)
2. Application to any Civil Court that records may be called for from another Court.
3. Application for leave to sue as a pauper
4. Application for leave to appeal as a pauper.
When the Court grants the application and is of opinion that the transmission of such records involves the use of the post.
—do—
(a) When presented to a District Court.
(b) When presented to a Commissioner or a High Court.
Fifty rupees.
In addition to any fee levied on the application under clause (a), clause (b) or clause (d) of article 1 of this Schedule.
Five rupees.
Ten rupees.
Twenty rupees.
5. Revision application when presented to the High Court under section 115 of the Code of Civil Procedure, 1908 (5 of 1908).
6. Plaint or memorandum of appeal in a suit to obtain possession under the Goa Mamlatdar’s Court Act, 1966 (Act 9 of 1966).
7. Plaint or memorandum of appeal in a suit to establish or disprove a right of occupancy.
8. Bail bond or other instrument of obligation given in pursuance of an order made by a Court or Magistrate under any section of the Bharatiya Nagrik Suraksha Sanhita (Central Act No. 46 of 2023) or the Code of Civil Procedure, 1908 (5 of 1908), and not otherwise provided for by this Act.
9. Undertaking under section 49 of the Indian Divorce Act, 1869 (4 of 1869) or under any corresponding other law for time being in force.
Twenty-five rupees.
Twenty-five rupees.
Twenty rupees.
Fifty rupees.
Fifty rupees.
---27---
(1) (2) (3)
10. Wakalatnama
11. Memorandum of appeal when the appeal is not from a decree or an order having a force of decree, and is presented,—
12. Caveat
13. Application for permission to cut timber in Government forest or otherwise relating to such forest.
14. Memorandum of appeal presented to,—
15. 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;
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) below.
(b) to a Commissioner or Revenue, Circuit or Customs, or to any Officer charged with the executive administration of a Division, not being the Chief Revenue or Executive Authority.
(c) to a High Court, Chief Commissioner, or other Chief Controlling Revenue or Executive Authority.
(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.
(b) to a High Court or Chief Commissioner or other Chief Controlling Executive or Revenue Authority.
(i) when presented to the High Court.
(ii) When presented to the Court other than High Court
(i) Government where no fees has been prescribed under any relevant law.
(ii) any forest officer where such appeal is provided for, by or under the Indian Forest Act, 1927 (16 of 1927) or any corresponding law in force, where no specific fee is specified.
Ten rupees.
Twenty rupees.
Thirty rupees.
Twenty rupees.
Thirty rupees.
One hundred rupees.
Fifty rupees.
Fifty rupees.
One hundred rupees.
Fifty rupees.
One thousand rupees.
---28---
(1) (2) (3)
(ii) to alter or cancel any entry in a register of the names of proprietors of revenuepaying estates;
(iii) to obtain a declaratory decree where no consequential relief is prayed;
(iv) to set aside an award;
(v) to set aside an adoption;
(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 for by this Act.
16. Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure, 1908 (5 of 1908).
17. Every petition under the Indian Divorce Act, 1869 (4 of 1869), except petitions under section 144 of the same Act, and every memorandum of appeal under section 55 of the same Act.
18. Appeal to High Court under section 260A of the Income-Tax Act, 1961 (Central Act 43 of 1961).
19. Every Petition, proceeding or misc civil application under the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 (Goa Act 23 of 2016).
Five hundred rupees.
Five hundred rupees.
Five hundred rupees.
Five hundred rupees.
One thousand rupees.
Two hundred rupees.
Five hundred rupees.
Ten thousand rupees.
Five hundred rupees.
---27---
SCHEDULE III (See section 32) 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 and credits of (or Administration of the property), deceased I, solemnly affirm make oath and say that I am the executor (or one of the executors or one of the next of kin) of.....................................................
… ........................................................ , deceased, and that I have truly set forth in Annexure A to this affidavit all the property and credit of which the above named deceased died possessed or was entitled to at the time of his death, and which have come, or are likely to come, to my hands.
2. I further say that I have also truly set forth in Annexure-B all the items I am by law allowed to deduct.
3. I further say that the said assets, exclusive only of such last mentioned items but inclusive of all rents, interest, dividends and increased values since the date of the death of the said deceased, are under the value of ANNEXURE A Valuation of the Movable and Immovable Property of the Deceased Rs.
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 or 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).
Books-debts … …. … ..
(other than bad).
---28--- 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.
Amount of debts due and owing from the deceased, Rs.
payable by law out of the estate … …. … ..
Amount of funeral expenses … …. … ..
Amount of mortgage incumbrances … …. … ..
Property held in trust not beneficially or with general power to confer a beneficial interest … …. … ..
Other property not subject to duty … …. … ..
Total :
Secretariat, SANDIP JACQUES, Porvorim, Goa. Secretary to the Government of Goa, 2nd September, 2024. Law Department (Legal Affairs).
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