(1) The Court Fees Act, 1870 (Central Act VII of 1870) in its application to the 1[Belgaum Area]1, and the Coorg District, the Hyderabad Court Fees Act, 1324F (Hyderabad Act VI of 1324F) as in force in the 1[Gulbarga Area]1; the Mysore Court Fees Act, 1900 (Mysore Act III of 1900) and sections 11 and 17A of the Mysore Civil Courts Act, 1883 (Mysore Act I of 1883) as in force in the Mysore Area, in relation to the fees and stamps other than fees and stamps relating to documents presented or to be presented before an officer serving the Central Government, and the Suits Valuation Act, 1887 (Central Act VII of 1887), in its application to the 1[Belgaum Area]1, and the Coorg District, the Hyderabad Suits Valuation (For purposes of Jurisdiction) Act, 1318F (Hyderabad Act IV of 1318 Fasli), as in force in the 1[Gulbarga Area]1, and the Mysore Suits Valuation Act, 1951 (Mysore Act XXXIX of 1951) as in force in the Mysore Area, and the Madras Court Fees and Suits Valuation Act, 1955 (Madras Act XIV of 1955) as in force in the 1[Mangalore and Kollegal Area]1, are hereby repealed: Provided that such repeal shall not affect,—
(a) the previous operation of the said enactments or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said enactments; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactments; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
(2) Notwithstanding anything contained in sub-section (1), for the purpose of giving effect to the preceding proviso, to the said sub-section (1), the State Government may, by notification in the Official Gazette, make such provision as appears to it to be necessary or expedient,—
(a) for making omissions from, additions to and adaptations and modifications of the rules, notifications and orders issued under the repealed enactments;
(b) for specifying the authority, officer or person who shall be competent to 38 exercise such functions exercisable under any of the repealed enactments or any rules, notifications, or orders issued thereunder as may be mentioned in the said notification.
(3) All suits and proceedings instituted before the commencement of this Act shall, notwithstanding the repeal of the Acts specified in sub-section (1) be governed by the provisions of the said Acts and the rules made thereunder.
39
SCHEDULE I Ad valorem fee Article
(1) Particulars
(2) Proper fee
(3)
1. Plaint, written statement pleading a set off or counterclaim or memorandum of appeal presented to any court.
When the amount or value of the subject matter in dispute,— 1[ (i) Not exceeding rupees 15,000 21/2 Per cetum
(ii) exceeding rupees 15,000 but not exceeding rupees 75,000.
Rupees 375 plus 7½ per centum of the amount exceeding rupees 15,000.
(iii) exceeding rupees 75,000 but not exceeding rupees 2,50,000 Rupees 4,875 plus 7 per centum of the amount exceeding rupees 75,000
(iv) exceeding rupees 2,50,000 but not exceeding rupees 5,00,000 Rupees 17,125 plus 6½ per cent-um of the amount exceeding rup-ees 2,50,000
(v) exceeding rupees 5,00,000 but not exceeding rupees 7,50,000 Rupees 33,375 plus 6 per centum of the amount exceeding rupees 5,00,000
(vi) exceeding rupees 7,50,000 but not exceeding rupees 10,00,000 Rupees 48,375 plus 5½ per cent-tum of the amount exceeding rup-ees 7,50,000
(vii) exceeding rupees 10,00,000 but not exceeding rupees 15,00,000 Rupees 62,125 plus 5 per centum of the amount exceeding rupees 10,00,000
(viii) exceeding rupees 15,00,000 but not exceeding rupees 20,00,000 Rupees 87,125 plus 4½ per cent-um of the amount exceeding rup-ees 15,00,000
(ix) exceeding rupees 20,00,000 but not exceeding rupees 25,00,000 Rupees 1,09,625 plus 4 per cent-um of the amount exceeding rup-ees 20,00,000
(x) exceeding rupees 25,00,000 but not exceeding rupees 30,00,000 Rupees 1,29,625 plus 3½ per ce-ntum of the amount exceeding rupees 25,00,000
(xi) exceeding rupees 30,00,000 but not exceeding rupees 40,00,000 Rupees 1,47,125 plus 3 per cent-um of the amount exceeding rup-ees 30,00,000
(xii) exceeding rupees 40,00,000 but not exceeding rupees 50,00,000 Rupees 1,77,125 plus 2½ per ce-ntum of the amount exceeding rupees 40,00,000
(xiii) exceeding rupees 50,00,000 but not exceeding rupees 60,00,000 Rupees 2,02,125 plus 2 per cent-um of the amount 40 exceeding rup-ees 50,00,000
(xiv) exceeding rupees 60,00,000 but not exceeding rupees 70,00,000 Rupees 2,22,125 plus 1½ per centum of the amount exceeding rupees 60,00,000
(xv) exceeding rupees 70,00,000 but not exceeding rupees 80,00,000 Rupees 2,37,125 plus 1 per centum of the amount exceeding rupees 70,00,000
(xvi) above rupees 80,00,000 Rupees 2,47,125 plus ½ per centum of the amount exceeding rupees 80,00,000]1
1.Clause (i) to (xvi) Substituted by Act 2 of 1993 w.e.f. 29.1.1993.
2(a) Petition under section 26 of the Provin-cial Insolvency Act, 1920, 1[as extended and amended by the Provincial Insolve-ncy (Karnataka Extension and Amend-ment), Act 1962 (Karnataka Act 7 of or 1963)]1 application under section 95 of the Code of Civil Procedure, 1908.
An amount of one-half the scale of fee prescribed in Article 1 on the amount or compensation claimed.
1.Substituted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
(b) Appeal against order on a petition or application falling under clause (a).
On the scale prescribed in Article 1 on the amount in dispute.
3. (a) Petition under section 53 or 54 of the Provincial Insolvency Act, 1920, 1[as extended and amended by the Provin-cial Insolvency (Karnataka Extension and Amendment) Act 1962 (Karnataka Act 7 of 1963)]1.
An amount of one-half of fee prescribed in Article 1 on the market value of the subject matter subject to a maximum fee of rupees five hundred.
1.Substituted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
(b) Appeal against order on a petition falling under clause (a) whether by the official receiver or by the unsuccessful party.
An amount of one-half the scale of fee prescribed in Article 1 on the market value of the subject-matter subject to a maximum fee of rupees five hundred.
4. Memorandum of appeal against order in proceedings under the Indian Succession Act, 1925.
An amount of one-half the scale of fee prescribed in Article 1 on the amount or value of the subject-matter
5. Application for review of judgment 1[if presented before the ninetieth day from the date of the decree]1 One-half of the fee leviable on the plaint or memorandum of appeal 2[x x x]2
1.Inserted by Act 10 of 1964 w.e.f. 5.3.1964.
2.Omitted by Act 10 of 1964 w.e.f. 5.3.1964.
41 1[5A. Application for review of judgment, if presented on or after the ninetieth day from the date of the decree.
The fee leviable on the plaint or memorandum of appeal.]1
1.Inserted by Act 10 of 1964 w.e.f. 5.3.1964.
1[5AA. Application for review of order of the Karnataka Administrative Tribunal.
Twenty Rupees.]1
1.Inserted by Act 5 of 1989 w.e.f. 9.2.1989.
1[6. Probate of a will or letters of administ-ration with or without will annexed,—
(a) When the amount or value of the property in respect of which the grant of probate or letters is made exceeds one thousand rupees, on the part of the amount or value in excess of one thousand rupees, upto three lakhs of rupees.
(b) When the amount or value of the property in respect of which the grant of probate or letters is made exceeds three lakhs of rupees, or the part of amount or value in excess of three lakhs of rupees.
Three percent.
Five per cent or rupees thirty thousand whichever is less.]1
1.Substituted by Act 12 of 2000 w.e.f. 27.4.2000.
7. Certificate under Part X of the Indian Succession Act, 1925.
The fee leviable in the case of a probate (Article 6) on the amount or value of any debt or security specified in the certificate under section 374 of the Act, and one and a half 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 date 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 42 value can be ascertained.
SCHEDULE II Article
(1) Particulars
(2) Proper fee
(3) 1[1. Petition in a suit under the Mysore Converts’ Marriage Dissolution Act, 1866 (Mysore Act XXI of 1866); or the Converts’ Marriage Dissolution Act, 1866 (Central Act XXI of 1866);
petition under the Indian Divorce Act, 1869 (Central Act IV of 1869), other than a petition under section 44 of that Act, and every memorandum of appeal under section 55 of that Act;
plaint or memorandum of appeal under the Parsi Marriage and Divorce Act, 1936 (Central Act III of 1936), or counter claim made under section 37 of that Act;
petition, plaint or memorandum of appeal when presented to a court under the Dissolution of Muslim Marriage Act, 1939 (Central Act VIII of 1939), the Mysore Dissolution of Muslim Marriage Act, 1943 (Mysore Act XLIII of 1943);
and the Dissolution of Muslim Marriage Act, 1939 (Central Act VIII of 1939), as in force in the Hyderabad Area;
petition under sections 22, 23, 24, 25 or 27 of the Special Marriage Act, 1954 (Central Act 43 of 1954) and memorandum of appeal under section 39 of that Act;
petition under sections 9, 10, 11, 12 or 13 of the Hindu Marriage Act, 1955 (Central Act 25 of 1955) and memorandum of appeal under section 28 of that Act.
If in a suit falling under any of the above paragraphs, there is a specific claim for damages, separate fee at the rates prescribed in Article 1 of Schedule I shall be charged on the amount of damages claimed.]1 2[One hundred rupees]2
1. Substituted by Act 24 of 1958 w.e.f. 25.12.1958.
2. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
2 Undertaking under section 49 of the Indian Divorce Act, 1869.
1[Five rupees.]1
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
3 Memorandum of appeal 1[from a decision or an award or order]1 inclusive of an order 43 determining any question under section 47 or section 144 of the Code of Civil Procedure, 1908, and not otherwise provided for when presented,—
(i) to any Court other than the High Court or to any Executive Officer.
2[Four rupees.]2
1. Substituted by Act 11 of 1969 w.e.f. 22.5.1969.
2. Substituted by Act 21 of 1979 w.e.f. 31.3.1979.
(ii) to the Mysore Revenue Appellate Tribunal 1[or the Co-operative Appellate Tribunal]1.
2[Eight rupees.]2
1. Inserted by Act 27 of 1966 w.e.f. 1.10.1964.
2. Substituted by Act 21 of 1979 w.e.f. 31.3.1979.
(iii) to the High Court,—
(1) Where the order was passed by a subordinate Court or other authority,—
(a) If the order relates to a suit or proceeding, the value of which exceeds one thousand rupees.
1[Fifteen rupees.]1
1. Substituted by Act 21 of 1979 w.e.f. 31.3.1979.
(b) In any other case 1[Eight rupees.]1
1.Substituted by Act 21 of 1979 w.e.f. 31.3.1979.
(2) Where the appeal is under section 45-B of the Banking Companies Act, 1949.
One hundred rupees.
(3) Where the appeal is under section 411-A of the Code of Criminal Procedure,
1898.
Five rupees
(iv) to the Government in pursuance of a statutory right to appeal for which no courtfee is leviable under any other enactment.
1[Ten rupees.]1
2. Substituted by Act 21 of 1979 w.e.f. 31.3.1979.
4 Memorandum of appeal under section 39 of the Arbitration Act, 1940,—
(i) in a case where the value for jurisdiction does not exceed Rs. 5,000.
1[(ia) in a case where the value or jurisdiction exceeds Rs. 5,000 but does not exceed Rs. 50, 000.
Fifteen rupees.
Fifty rupees.]1
1. Inserted by Act 13 of 1982 w.e.f. 1.4.1982.
(ii) in any other case 1[One hundred and fifty rupees.]1
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
5. Copy or translation of a judgment or order not being or having the force of a decree.
One rupee.
6. Copy or translation of a judgment or order of a Criminal Court.
Fifty naye paise.
7 Copy of a decree or order having the force of a decree,— When such decree or order is made by any Court other than the High Court;
When such decree or order is made by the High Court.
One rupee.
Four rupees.
8 Copy of any document liable to stamp duty 44 under any law in force relating to stamps 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.
(b) in any other case.
The amount of the duty charge-able on the original.
One rupee and twenty-five naye paise.
9 Copy of any revenue or judicial proceedings or order not otherwise provided for by this Act or copy of any account, statement, report 1[order]1, or the like taken out of any Court or 2[public office]2— For every three hundred and sixty words or fraction of three hundred and sixty words.
Fifty naye paise.
1[10. (a) Application or petition presented to any officer of the Excise or Prohibition 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.
2[One rupee.]2
1. Substituted by Act 80 of 1976 w.e.f. 7.12.1976.
2. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
(b) 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.
1[One rupee]1
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
(c) Application or petition presented to any Municipal Corporation, Munic-ipal Council, Sanitary Board, Notifi-ed Area Committee, Town area Committee, the Commissioner, Execu-tive Officer, Chief Officer, Secretary, President or Chairman 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.
1[One rupee]1
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
(d) Application or petition presented toany officer of land revenue relating to the grant of land on darkhast.
1[One rupee]1
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
(e) Application to a Deputy Comm-issioner for lease of land for agric-ultural or non 1[Two rupees]1 45 agricultural purposes.
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
(f) Application to a Forest Officer by a contractor for extension of the period of lease—
(i) if the value of the subject matter of the lease is Rs. 5,000 or less;
(ii) if such value exceeds Rs. 5,000 for every Rs. 1,000 or part thereof in excess of Rs. 5,000 1[Twenty-five rupees]1 1[Five rupees]1
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
(g) Application for attestation of private documents intended to be used outside India.
1[Ten rupees]1
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
(h) Application for lapsed deposit presented after six months after the date on which the amount lapsed to the Government.
(i) when the amount of deposit does not exceed Rs. 50.
(ii) when the amount of deposit exceed Rs. 50 but does not exceed Rs. 1,000.
(iii) when it exceeds Rs. 1,000.
One rupee Two rupees Four rupees
(i) Application or petition presented to the Government and not otherwise provided for,—
(i) which involves the exercise or nonexercise of power conferred by law or rule having the force of law;
(ii) in other cases.
Four rupees Two rupees and fifty paise.
(j) Application or petition presented to the Karnataka Appellate Tribunal or Divisional Commissioner or Chief ExecutiveAuthority and not otherwise provided for,—
(i) which involves the exercise or non exercise of power conferred by law or rule having the force of law;
(ii) in other cases;
Four rupees Two rupees and fifty paise
(k) Application for permission for use of agricultural land for non-agric-ultural purposes.
1[Ten rupees]1
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
(l) Application or petition not falling under clauses (i) or (j) and prese-nted to a public officer or in a public office and not otherwise provided for,—
(i) which involves the exercise or non exercise of power conferred by law or rule having the force of law;
1[Two rupees]1 46
(ii) in other cases;
1[One rupee]1]1
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
11. (a) Application or petition presented to any Civil Court other than a Principal Civil Court of original jurisdiction or to any Court of Small Causes or to a Deputy Commissioner or other officers of revenue or Public Officer in relation to any suit or case in which the amount or value of the subject matter is less than fifty rupees.
1[One Rupee]1
1. Substituted by Act 21 of 1979 w.e.f. 31.3.1979.
(b) Application or petition presented to any court or to any 2[Board, statutory authority or public officer]2 for the purpose of obtaining a copy or translation of any judgment, decree or order passed by such Court, Board 3[statutory authority]3 or officer, or of any other document on secord in such Court, Board 3[statutory authority]3 or office.
1[One Rupee]1
1. Substituted by Act 21 of 1979 w.e.f. 31.3.1979.
2. Substituted by Act 10 of 1964 w.e.f. 5.3.1964.
3. Inserted by Act 10 of 1964 w.e.f. 5.3.1964.
(c) Application to any Court that records may be called from another Court, when the Court grants the application and is of opinion that the transmission of such records involves the use of the post.
One rupee in addition to the fee leviable on the application
(d) Application or petition containing a complaint or charge of any offence other than an offence for which police officers may, under the Code of Criminal Procedure, 1898, arrest without warrant, and presented to any Criminal Court.
One rupee.
(e) Application or petition to deposit in Court or in the office of the Deputy Commissioner, 1[or other revenue officer]1 revenue or rent.
1[One Rupee.]2
1. Inserted by Act 10 of 1964 w.e.f. 5.3.1964.
2. Substituted by Act 21 of 1979 w.e.f. 31.3.1979.
(f) Application or petition for deter-mination by a Court of the amount of compensation to be paid by a landlord to his tenant.
1[One Rupee.]1
1. Substituted by Act 21 of 1979 w.e.f. 31.3.1979.
47
(g) Application or petition presented to a Court or to a Deputy Commi-ssioner, or any Revenue Officer or to a Public Officer having jurisd-iction equal or sub-ordinate to a Deputy Commissioner, or to any Magistrate in his executive capacity and not otherwise provi-ded for by this Act.
1[One Rupee.]1
1. Substituted by Act 21 of 1979 w.e.f. 31.3.1979.
1[(h) Application for temporary injunction in relation to any suit or proceeding,—
(i) when presented to any court.
(ii) when presented to any other authority Ten rupees Five rupees
(ha) Application for arrest or attachment before judgment when presented to a civil court other than the High Court or a revenue court in relation to any suit or proceeding.
Five rupees]1
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
(i) Application under Order XXI, rule 58 of the Code of Civil Procedure, 1908, regarding claim to the attached property— 1[(i) when filed in a revenue court
(ii) when filed in any other court Five rupees.
Ten rupees.]1
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
(j) Application or petition under section 47 and Order XXI, rule 90 of the Code of Civil Procedure,1908 when filed in any Court.
1[Five rupees.]1
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
1[(ja) Application or petition under Order 17 Rules 1 and 2 of the Code of Civil Procedure, 1908,
(i) when filed in the High Court
(ii) when filed in any other Court Ten rupees.
Five rupees.]1
1. Inserted by Act 13 of 1982 w.e.f. 1.4.1982.
(k) Application or petition under sections 34, 72, 73 and 74 of the Indian Trusts Act, 1882.
Five rupees.
(l) (i) Application for probate or letters of administration or for revocation thereof to have effect throughout India.
(ii) Application for probate or letters of administration or for revocation thereof not falling under clause (i) or an application for a certificate under Part X of the Indian Succession Act, 1925, or Bombay Regulation VIII Twenty-five rupees.
48 of 1927,—
(1) if the amount or value of the estate does not exceed Rs. 2,000.
1. Inserted by Act 13 of 1982 w.e.f. 1.4.1982.
1[(2) If the value exceeds Rs. 2,000 but does not exceed Rs. 10,000
(3) If the amount or value exceeds ten thousand rupees:
Provided that if a caveat is entered and the application is registered as a suit, one half the scale of fee prescribed in Article I of Schedule I on the market value of the estate less the fee already paid on the application shall be levied.]1 1[Five rupees]1 2[Ten rupees]2 2[Twenty rupees]2
1. Substituted by Act 80 of 1976 w.e.f. 7.12.1976.
2. Inserted by Act 13 of 1982 w.e.f. 1.4.1982.
(m) Original petitions not otherwise provided for when filed in—
(i) any Court subordinate to the High Court.
(ii) the High Court.
1[Two rupees.]1 1[Twelve rupees.]1
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
(n) Application to set aside an award under the Arbitration Act, 1940— 1[(1) if the value of the subject-matter of the award does not exceed Rs. 5000.
(2) if such value exceeds Rs. 5000 Twent-five rupees.
One hundred rupees.]1
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
(o) Application under section 14 or section 20 of the Arbitration Act 1940, for a direction for filing an award or for an order for filing an agreement and applicat ion for enforcing foreign awards when presented to—
(1) the Court of the Munsiff, 2[xxx]2
(2) any other Court 1[Fifty rupees.]1 1[Two hundred rupees.]1
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
2. Omitted by the Karnataka Adaptation of Laws Order, 1973 w.e.f. 1.11.1973.
1[(p) x x x]1
1. Omitted by Act 10 of 1964 w.e.f. 5.3.1964.
(q) Revision petition presented to the High Court under section 115 of the Code of Civil Procedure, 1908, or under the provisions of any other Act, arising out of a suit or proceeding—
(i) if the value of the suit or proceeding to which the order sought to be revised relates does not exceed Rs. 1,000 49 1[(ii) if such value exceeds Rs. 1,000 but does not exceed Rs. 10,000
(iii) if the value exceeds Rs. 10,000 Five rupees.
Fifteen rupees.
Twenty rupees.]1
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
(r) Petition under sections 391, 439 and 522 of the Companies Act, 1956, in connection with the winding up of a company.
One hundred rupees.
(s) Petition to the High Court under Article 226 of the Constitution for a writ other than the writ of Habeas Corpus, or a petition under Article 227 of the Constitution.
1[One hundred rupees.]1
1. Substituted by Act 3 of 1973 w.e.f. 25.1.1973.
1[(sa) Appeal petition to the High Court from an original jundgment, decree or order of a single Judge of the High Court made in exercise of the powers under clause (1) of article 226 and article 227 and article 228 of the Constitution of India.
One hundred rupees]1
1. Inserted by Act 12 of 1973 w.e.f. 16.7.1973 by notification. Text of the notification is at the end of the Act..
(t) Application under section 45 of the Specific Relief Act, 1877.
Ten rupees.
(u) Application or petition presented to the High Court 1[,the Karnataka Administrative Tribunal]1 and not otherwise specifically provided for.
Two rupees.
1. Inserted by Act 5 of 1989 w.e.f. 9.2.1989.
(v) Election petition to a Civil Court or Judicial Officer questioning the election of a person in respect of—
(i) the office of 1[member of a Taluk Board or Panchayat]1
1. Substituted by Act 10 of 1964 w.e.f. 5.3.1964.
2. Substituted by Act 21 of 1979 w.e.f. 31.3.1979.
(ii) the office of 1[President or Vice President of a Taluk Board or Chairman or Vice-Chairman of a Panchayat ]1
1. Substituted by Act 10 of 1964 w.e.f. 5.3.1964.
2. Substituted by Act 21 of 1979 w.e.f. 31.3.1979.
(iii) the member of a Town 1[x x x]1 Municipal Council
1. Omitted by Act 10 of 1964 w.e.f. 5.3.1964.
2. Substituted by Act 21 of 1979 w.e.f. 31.3.1979.
(iv) the office of member 1[of a municipal corporation in the State]2 or of member of a City Municipal Council, 3[x x x]3 2[x x x]2
1. Substituted by Act 21 of 1979 w.e.f. 31.3.1979.
2[Fifteen rupees.]2 2[Twenty-five rupees.]2 2[Fifty rupees.]2 50
2. Omitted by Act 10 of 1964 w.e.f. 5.3.1964.
3. Omitted by Act 21 of 1979 w.e.f. 31.3.1979.
(v) the office of Mayor or Deputy Mayor 1[of a municipal corporation]1 or of Chairman of a Municipality. 2[x x x]2
1. Substituted by Act 21 of 1979 w.e.f. 31.3.1979.
2. Omitted by Act 10 of 1964 w.e.f. 5.3.1964.
2[One hundred rupees.]1 Two hundred rupees.
12. Application for leave to sue as a pauper Seventy-five naye paise.
13. Application for leave to appeal as a pauper,—
(a) when presented to a High Court
(b) when presented to any other Court Two rupees and fifty naye paise.
One rupee and twenty-five naye paise.
14. 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 or the Code of Civil Procedure, 1908 and not otherwise provided for by this Act One rupee and twenty-five naye paise.
15. Every copy of power-of-attorney when filed in any suit or proceeding 1[Two rupees.]1
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
16. Mukhtarnama or vakalatnama or any paper signed by an advocate signifying or intima-ting that he is retained for a party— When presented—
(a) to any Court (other than a High Court 1[or to the Karnataka Administrative Tribunal]1 or to the 2[Karnataka]2 Revenue Appellate Tribunal or Sales-tax Appellate Tribunal 3[x x x]3) or Deputy Commissioner or 4[any statutory or other authority or any officer]4.
1. Inserted by Act 5 of 1989 w.e.f. 9.2.1989.
2. Adapted by the Karnataka Adaptation of Laws Order, 1973 w.e.f. 1.11.1973.
3. Omitted by Act 10 of 1964 w.e.f. 5.3.1964.
4. Substituted by Act 10 of 1964 w.e.f. 5.3.1964.
(b) to the 1[Karnataka]1 Revenue Appellate Tribunal or the 1[Karnataka]1 Sales-tax Appellate Tribunal
1. Adapted by the Karnataka Adaptation of Laws Order, 1973 w.e.f. 1.11.1973.
(c) to the High Court 1[(cc) to the Karnataka Administrative One rupee.
Two rupees.
Three rupees.
Three rupees.]1 51 Tribunal
1. Inserted by Act 5 of 1989 w.e.f. 9.2.1989.
(d) to the Government Three rupees.
17. Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure, 1908,—
(i) Where the value of the subject-matter does not exceed Rs. 5,000.
(ii) In any other case Fifteen rupees.
One hundred rupees.
1[18. Caveat.—
(1) When filed under the Indian Succession Act,—
(i) if the value of the property involved does not exceed two thousand rupees.
(ii) if the value of the property involved exceeds two thousand rupees.
(2) in other cases,—
(i) if filed in the High Court 2[(ia) If filed in the Karnataka Administrative Tribunal
(ii) if filed in other courts Six rupees and twenty-five paise.
Twelve rupees and fifty paise.
Ten rupees.
Ten rupees]2 Five rupees.]1
1. Substituted by Act 13 of 1981 w.e.f. 17.1.1981
2. Inserted by Act 5 of 1989 w.e.f. 9.2.1989.
52
SCHEDULE III
PART I (See Section 52) Form of Valuation (to be used with such modifications, if any, as may be necessary) of Estate.
IN THE COURT OF Re: Probate of the will of the Estate of (or Administration), Deceased.
1. I (A. B.)...............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 Form of Valuation all the estate of which the abovenamed deceased died possessed or to which he was entitled at the time of his death, and which has come, or is 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 declare that the said estate exclusive only of the last-mentioned items, was on the date of the death of the said deceased under the value of *is * This from to be used where the application is made after one year from the date of the death.
4. I (A. B.) further declare that what is stated in this Form of Valuation is true to the best of my information and belief.
(Signed)........................A. B.
ANNEXURE A.
Valuation of the moveable and immovable property of deceased Rs. nP.
Cash in hand and at the bank, 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 on the date of the death of the deceased or on the date of the application as the case may be).
Immovable property, consisting of . . . . . . .
(State description and market value on the date of the death of the deceased or on the date of the application, as the case may be) Leasehold property (If the deceased held any leases for years determinable, state the period of the lease and estimated amount of rent inserting separately arrears due on the date of death or on the date of the application, as the case may be).
Property in public companies (State the particulars and the value calculated at the price on the date of the death or on the date of the application, as the case may be).
53 Policies of insurance upon life, money out on mortgages and other securities, such as bonds, bills, notes and other securities for money.
(State the amount of the whole on the date of the death or on the date of the application, as the case may be).
Debts (Other than bad debts). 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 items shown in Annexure B in the manner provided in subsection (2) of section 53.
Net value of the Estate ANNEXURE B.
SCHEDULE OF DEBTS, ETC.
Rs. nP.
Amount of debts due and owing from the deceased, legally payable out of the estate Amount of expenses connected with funeral rites and ceremonies 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
PART II.
Amended Form of Valuation of Estate.
(See sections 58 and 60) IN THE COURT OF Re—Probate of the will of................................. (or Administration of the Estate of.................................... ), Deceased.
1. I (A. B.) am the executor (or one of the executors or one of the next-of-kin as the case may be) of
2. Probate was (or letters of administration were) granted to me on
3. It has now been discovered that the net value of the estate on which Court fee was paid was not correctly ascertained.
4. I have now truly set forth in Annexure A to this amended form of 54 Valuation all the estate of the deceased at the date of ------------------his----------------- death--------------------------------------------------- which has come the application for probate (or letters of administration) or is likely to come to my hands.
5. I further have now truly set forth in Annexure B all the items which I am by law allowed to deduct.
6. I further declare that the said estate, exclusive only of the last mentioned items, at the date of the death of the deceased was under the value of this application is
7. I (A. B.) further declare that what is stated in this amended Form of Valuation is true to the best of my information and belief.
(Signed) A. B..............................
ANNEXURE A.
Amended valuation of the estate of deceased.
Valuation on which Increase. Decrease. Valuation as Court fee was paid. now amended.
Total Deduct items shown in Annexure B in the manner provided in sub-section (2) of section 53.
Amended net value of estate ANNEXURE B.
Amended Schedule of debts, etc.
Valuation on which Increase. Decrease. Valuation as Court fee was paid. now amended.
Total * * * * 55 NOTIFICATIONS I Bangalore, dated 5th August, 1960. [No. HD 3 JCF 58] In exercise of the powers conferred by sub-section (3) of Section 1 of the Mysore Court-fees and Suits Valuation Act, 1958 (Mysore Act No. 16 of 1958), the Government of Mysore hereby appoints the 15th August 1960, as the date on which the said Act, shall come into force.
By Order and in the name of the Governor of Mysore, (B.T. NAYAK) Deputy Secretary to Government, Home Department.
II Bangalore, dated 10th July 1973 M.G.D. dated 11th July 1973. [No. GAD 60 SHC 73] S.O. 1116.—In exercise of the powers conferred by sub-section (2) of section 1 of the Karnataka High Court (Amendment) Act, 1973 (Karnataka Act No. 12 of 1973), the Government of Karnataka, hereby appoints the 16th day of July 1973 as the date on which the said Act shall come into force.
By Order and in the name of the Governor of Karnataka, (SD) Under Secretary to Government, General Administration Department.
III Bangalore dated 23rd September 1986.[No. LAW 49 LGR 85] In exercise of the powers conferred by sub-section (2) of section 1 of the Karnataka Advocates’ Welfare Fund Act, 1983, (Karnataka Act 2 of 1985) the Government of Karnataka hereby appoints the 1st day of November 1986 (1-11-1986) as the date on which the Karnataka Advocates’ Welfare Fund Act, 1983, (Karnataka Act 2 of 1985) shall come into force.
By Order and in the name of the Governor of Karnataka, (LINGAIAH) Under Secretary to Government, Department of Law and Parliamentary Affairs 56 KARNATAKA ACT NO 09 OF 2015 (First Published in the Karnataka Gazette Extra-ordinary on the Twenty First day of January, 2015) THE KARNATAKA COURT FEES AND SUITS VALUATION (AMENDMENT) ACT, 2014 (Received the assent of the Governor on the Nineteenth day of January, 2015) An Act further to amend the Karnataka Court Fees and Suits Valuation Act, 1958.
Whereas it is expedient further to amend the Karnataka Court Fees and Suits Valuation Act, 1958. (Karnataka Act 16 of 1958) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Sixty fifth year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Court Fees and Suits Valuation (Amendment) Act, 2014.
(2) It shall come into force at once.
Section 66 is Incorporated in the Principal Act KARNATAKA ACT NO. 37 OF 2020 (First Published in the Karnataka Gazette Extra-ordinary on the 19th Day of October, 2020) The Karnataka Court Fees and Suits Valuation (Amendment) Act, 2020 (Received the assent of the Governor on the 16th day of October 2020) An Act further to amend the Karnataka Court Fees and Suits Valuation Act, 1958.
Whereas it is expedient further to amend the Karnataka Court Fees and Suits Valuation Act, 1958 (Karnataka Act 16 of 1958) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Seventy first year of the Republic of India, as follows:-
1. Short title and commencement.-(1) This Act may be called the Karnataka Court Fees and Suits Valuation (Amendment) Act, 2020.
(2) It shall be deemed to have come into force with effect from 31st day of July, 2020.
57 Section 66, 68A and 71 are Incorporated in the Principal Act.
5. Repeal and savings.- (1) The Karnataka Court Fees and Suits Valuation (Amendment) Ordinance, 2020 (Karnataka Ordinance 18 of 2020) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under principal Act, as amended by this Act.
By Order and in the name of the Governor of Karnataka, (K. DWARAKNATH BABU) Secretary to Government Department of Parliamentary Affairs and Legislation