(1) The Court Fees Act, 1870 (Central Act 7 of 1870) in its application to the Union territory of Puducherry (except in so far as it relates to fees and stamps relating to documents presented or to be presented before any officer serving under the Central Government), and the Suits Valuation Act, 1887 (Central Act 7 of 1887) in its application to the Union territory of Puducherry are hereby repealed.
(2) All suits and proceedings instituted before the commencement of this Act and all proceedings by way of appeal, revision or otherwise arising there from whether instituted before or after such commencement shall, notwithstanding the repeal of the Court Fees Act, 1870 (Central Act 7 of 1870) and the Suits Valuation Act, 1887 (Central Act 7 of 1887) be governed by the provisions of the said Acts and the rules made thereunder.
SCHEDULE – I (Section 20) AD VALOREM FEES Article
(1) Particulars
(2) Proper fee
(3) 1 Plaint or written statement pleading a set off or counter-claim or memorandum of appeal presented to any Court -- When the amount or value of the subject-matter in dispute --
(i) does not exceed five rupees;
(ii) exceeds five rupees, for every five rupees or part thereof, in excess of five rupees, up to one hundred rupees;
(iii) exceeds one hundred rupees, for every ten rupees, or part thereof, in excess of one hundred rupees.
Forty paise.
Forty paise.
Seventy-five paise.
2 (a) Petition under section 26 of the Provincial Insolvency Act, 1920, or application under section 95 of the Code of Civil Procedure, 1908.
(b) Appeal against order on a petition or application falling under clause
(a).
An amount of one-half of the scale of fee prescribed in article 1 on the amount or Compensation claimed.
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.
(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 of 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.
An amount of one-half of 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 Application for review of judgment. One-half of the fee payable on the plaint or memorandum of appeal comprising the relief sought in the application for review.
SCHEDULE – II (Section 20) AD VALOREM FEES Article
(1) Particulars
(2) Proper fee
(3) 1
(i) Petition in a suit under the Converts Marriage Dissolution Act, 1866.
(ii) Petition, plaint or memorandum of appeal when presented to a Court under the Dissolution of Muslim Marriages Act, 1939.
If, in a suit falling under any of these clauses, 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.
Ten rupees.
Ten rupees.
2 Memorandum of appeal from an order inclusive of an order 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 other than the Chief Controlling Revenue Authority (hereinafter referred to as the Chief Executive Authority;
(ii) to the Chief Executive Authority;
(iii) to the Government in pursuance of a statutory right to appeal for which no court fee is leviable under any other enactment.
One rupee.
Two rupees.
Five rupees.
3 Memorandum of appeal under section 39 of the Arbitration Act, 1940*;
(i) where the appeal is from an order of a District Munsif’s Court or an order of a superior Court in a case where the value for jurisdiction does not exceed 5,000;
(ii) in any other case.
Fifteen rupees.
One hundred rupees.
* Now, the Arbitration and Conciliation Act 1996, (Central Act 26 of 1997).
Article
(1) Particulars
(2) Proper fee
(3) 4 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 the High Court or by the Presiding Officer of any Revenue Court or Office or by any other Court of judicial or executive authority –
(a) if the amount or value of the subject-matter is fifty or less than fifty rupees;
(b) if such amount or value exceeds fifty rupees.
Fifty paise.
One rupee.
5 Copy of translation of a judgment or order of a Criminal Court.
Fifty paise.
6 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
(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;
(b) if such amount or value exceeds fifty rupees.
Seventy-five paise.
One rupee and fifty paise.
7 Copy of any document liable to stamp duty under the Indian Stamp Act, 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 fifty paise;
(b) in any other case.
The amount of the duty chargeable on the original.
Seventy-five paise.
Article
(1) Particulars
(2) Proper fee
(3) 8 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 Court or office of any public officer -- For every document Seventy-five paise.
9 (a) Application or petition presented to 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.
(b) Application or petition presented to any officer of land revenue relating to the grant of land on assignment.
(c) Application to a Collector for lease of land for agricultural or non-agricultural purposes.
(d) Application or petition presented to any Executive Officer 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.
(e) Application or petition presented to any board or Executive Officer for a copy of translation of any order passed by such board or officer or of any other document or record in such office.
Twenty-five paise.
Twenty -five paise.
Seventy-five paise.
Twenty-five paise.
Twenty-five paise.
Article
(1) Particulars
(2) Proper fee
(3)
(f) Application to a Forest Officer by a forest contractor for extension of the period of lease --
(i) if the value of the subjectmatter of the lease is 5,000 or less;
Five rupees.
(ii) if such value exceeds 5,000 for every 1,000 or part thereof in excess of 5,000 One rupee.
(g) Application for attestation of private documents intended to be used outside India.
One rupee.
(h) Application for lapsed deposit presented after six months after the date on which the amount lapsed to the Government --
(i) when the amount or deposit does not exceed 50;
Fifty paise.
(ii) when the amount or deposit exceeds R.50 but does not exceed 1,000;
One rupee.
(iii) when it exceeds 1,000. Two rupees.
(i) Application or petition presented to the Government 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;
Two rupees.
(ii) in other cases. One rupee and fifty paise.
(j) Application or petition presented to the Chief Executive Authority 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;
Two Rupees.
(ii) in other cases. One rupee and fifty paise.
Article
(1) Particulars
(2) Proper fee
(3)
(k) Application or petition not falling under clause (i) or (j) and presented 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;
(ii) in other cases.
One rupee.
Twenty-five paise.
10. (a) Application or petition presented to any Court for a copy or translation of any judgment, decree or any proceeding of or order passed by such Court or of any other document or record in such Court.
Twenty-five paise.
(b) Application or petition presented to any Civil Court other than a Principal Civil Court of Original jurisdiction or to any Court of Small Causes constituted under the Provincial Small Cause Courts Act, 1887, 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 50.
Twenty-five paise.
(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.
Seventy-five paise in addition to the fee leviable on the application.
(d) Application for permission to deposit revenue or rent either in the office of the Collector or in the Court.
Seventy-five paise.
(e) Application or petition presented to a Court for determination of the amount of compensation to be paid by a landlord to his tenant.
One rupee.
Article
(1) Particulars
(2) Proper fee
(3)
(f) A written complaint or charge of any offence other than an offence, for which a Police Officer may, under the Code of Criminal Procedure, arrest without warrant and presented to any Criminal Court and an oral complaint of any such offence reduced to writing under the Code of Criminal Procedure, 1898*.
One rupee.
(g) Application or petition presented to any Court or to any Magistrate in his executive capacity and not otherwise provided for in this Act.
Seventy-five paise.
(h) Application for arrest or attachment before judgment or for temporary injunction when presented to a Civil Court or Revenue Court other than the High Court in relation to any suit of proceeding
(1) if the value of the subject matter is less than 50;
One rupee.
(2) if the value is 50 and above.
Two rupees and fifty paise.
(i) Application or petition under section 47 and Order XXI, rules 58 and 90 of the Code of Civil Procedure, 1908
(1) when filed in a Revenue Court or a District Munsif’s Court;
One rupee.
(2) when filed in a Sub-Court or a District Court.
Two rupees and fifty paise.
(j) Application or petition under sections 34, 72, 73 and 74 of the Indian Trusts Act, 1882.
Five rupees.
(k) Original petitions not otherwise provided for when field in
(1) a District Munsif’s Court;
(2) a Sub-Court or a District Court.
Five rupees.
Ten rupees.
* Now, the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
Article
(1) Particulars
(2) Proper fee
(3)
(l) Application to set aside an award under the Arbitration Act, 1940*
(i) when presented to a District Munsif’s Court;
(ii) when presented to a Sub-Court, a District Court or the High Court
(1) if the value of the subject-matter of the award does not exceed 5,000,
(2) if such value exceeds 5,000 but does not exceed 10,000;
Twenty-five rupees.
Twenty-five rupees.
One hundred rupees.
(3) if such value exceeds 10,000
(m) 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 application for enforcing foreign awards ---
(i) when presented to a District Munsif’s Court
(ii) when presented to a Sub-Court or a District Court
(1) if the value of the subjectmatter of the award does not exceed 5,000;
(2) if such value exceeds 5,000 but does not exceed 10,000.
(3) if such value exceeds 10,000.
(n) Election petition questioning the election of a person in respect of
(i) the office of member of a Municipal Council;
(ii) the office of Mayor of a Municipality.
Two hundred and fifty Fifteen rupees.
Fifteen rupees.
One hundred rupees.
Two hundred and fifty rupees.
Fifty rupees.
Two hundred rupees.
* Now, the Arbitration and Conciliation Act, 1996 (Central Act 26 of 1997).
Article
(1) Particulars
(2) Proper fee
(3)
11.
Application for leave to sue as a pauper Seventy-five paise.
12. Application for leave to appeal as a pauper—when presented to a District Court or a Sub-Court.
One rupee.
13. 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 in this Act.
Seventy-five paise.
14. Every copy of power-of-attorney when filed in any suit or proceeding.
Seventy-five paise.
15. Mukhtarnama, Vakalatnama or any paper signed by an advocate signifying or intimating that he is retained for a party -- When presented --
(i) to any Court other than the High Court or to any Collector or Magistrate or other Executive Officer;
(ii) to the Chief Executive Authority;
(iii) to the Government.
One rupee and fifty paise.
Two rupees.
Three rupees.
16. Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure, 1908
(i) When presented to a District Munsif’s Court in a case where the value of the subject-matter does not exceed 5,000;
Fifteen rupees.
(ii) in any other case.
One hundred rupees.
17. Caveat Ten rupees.
* Now, the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
STATEMENT OF OBJECTS AND REASONS The Court Fees Act, 1870 (Central Act 7 of 1870) as in force in the Union territory of Andaman and Nicobar islands came into force in this Union territory on 18th December, 1968.
Representations have been received since then both inside and outside the Legislature for its replacement by a new legislation on the model of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955) on the ground that the rates of court fees payable specially with reference to small amounts under the Act as extended to this Union territory are greater than the rates of court fees prevailing in the neighboring State of Tamil Nadu.
In the Tamil Nadu Act, the rates of court fees on money suits are uniformly 7 ½ %, whereas the Act as in force in this Union territory provides for a slab, by which the rates get reduced as the money value increases.
Consequently, when compared to the fees payable under the Tamil Nadu Act, the fees payable under the present Act are lower upto 10,000 and higher beyond this level. This is not in keeping with the present policy of the introduction of the socialistic pattern of society. Leaving this apart, taking the overall picture into account, the adoption of the fees in the Bill will argument our revenue by about 20 to 25%. It has, therefore, been decided to enact a new legislation on the model of the Tamil Nadu Court Fees and Suits Valuation Act,
1955.
The Bill seeks to achieve the above objects.