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- Jurisdiction
- Central
- Enactment date
- 1870-03-11
- Sections available
- 50
Commencement information from the source
1870-04-11
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1Title.→1ADefinition of “appropriate Government”.→2[Repealed.].→3Levy of fees in High Courts on their original sides.→4Fees on documents filed, etc., in High Courts in their extraordinary jurisdiction. In their appellate jurisdiction. As courts of reference and revision→5Procedure in case of difference as to necessity or amount of fee.→6Fees on documents filed, etc., in Mofussil Courts or in public offices.→7Computation of fees payable in certain suits.→8Fee on memorandum of appeal against order relating to compensation.→9Power to ascertain net profits or market-value.→10Procedure where net profits or market-value wrongly estimated.→11Procedure in suits for mesne profits or account when amount decreed exceeds amount claimed.→12Decision of questions as to valuation.→13Refund of fee paid on memorandum of appeal.→14Refund of fee on application for review of judgment.→15Refund where Court reverses or modifies its former decision on ground of mistake.→16Refund of fee.→17Multifarious suits.→18Written examinations of complainants.→19Exemption of certain documents.→19ARelief where too high a court-fee has been paid.→19BRelief where debts due from a deceased person have been paid out of his estate.→19CRelief in case of several grants.→19DProbates declared valid as to trust-property though not covered by court-fee.→19EProvision for case where too low a court-fee has been paid on probates, etc.→19FAdministrator to give proper security before letters stamped under section.→19GExecutors, etc., not paying full court-fee on probates, etc., within six months after discovery of underpayment.→19HNotice of applications for probate or letters of administration to be given to Revenueauthorities, and procedure thereon.→19-IPayment of court-fees in respect of probates and letters of administration→19JRecovery of penalties, etc.→19KSections 6 and 28 not to apply to probates or letters of administration.→20Rules as to cost of processes.→21Tables of process-fees.→22Number of peons in District and subordinate Courts.→23Number of peons in Revenue Courts.→24[Repealed.].→25Collection of fees by stamps.→26Stamps to be impressed or adhesive.→27Rules for supply, number, renewal and keeping accounts of stamps.→28Stamping documents inadvertently received.→29Amended document.→30Cancellation of stamp.→31[Repealed.].→32[Repealed.].→33Admission in criminal cases of documents for which proper fee has not been paid.→34AAdjudication of penalties.→34Sale of stamps.→34BAppeal.→35Power to reduce or remit fees.→36Saving of fees to certain officers of High Courts.→
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1
THE COURT-FEES ACT, 1870
__________
ARRANGEMENT OF SECTIONS
__________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title.
Extent of Act.
Commencement of Act.
1A. Definition of “appropriate Government”.
2. [Repealed.].
CHAPTER II
FEES IN THE HIGH COURTS AND IN THE COURTS OF SMALL CAUSES
AT THE PRESIDENCY-TOWNS
3. Levy of fees in High Courts on their original sides.
Levy of fees in Presidency Small Cause Courts.
4. Fees on documents filed, etc., in High Courts in their extraordinary jurisdiction.
In their appellate jurisdiction.
As courts of reference and revision.
5. Procedure in case of difference as to necessity or amount of fee.
CHAPTER III
FEES IN OTHER COURTS AND IN PUBLIC OFFICES
6. Fees on documents filed, etc., in Mufassal Courts or in public offices.
7. Computation of fees payable in certain suits.
(i) for money.
(ii) for maintenance and annuities .
(iii) for other movable property having a market-value.
(iv) (a) for movable property of no market-value.
(b) to enforce a right to share in joint family property.
(c) for a declaratory decree and consequential relief.
(d) for an injunction.
(e) for easements.
(f) for accounts.
(v) for possession of land, houses and gardens.
Proviso as to Bombay Presidency.
for houses and gardens .
(vi) to enforce a right of pre-emption.
(vii) for interest of assignee of land-revenue.
2
SECTIONS
(viii) to set aside an attachment.
(ix) to redeem.
to foreclose.
(x) for specific performance .
(xi) between landlord and tenant.
8. Fee on memorandum of appeal against order relating to compensation.
9. Power to ascertain net profits or market-value.
10. Procedure where net profits or market-value wrongly estimated.
11. Procedure in suits for mesne profits or account when amount decreed exceeds amount
claimed.
12. Decision of questions as to valuation.
13. Refund of fee paid on memorandum of appeal.
14. Refund of fee on application for review of judgment.
15. Refund where Court reverses or modifies its former decision on ground of mistake.
16. Refund of fee.
17. Multifarious suits.
18. Written examinations of complainants.
19. Exemption of certain documents.
CHAPTER IIIA
PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION
19A. Relief where too high a court-fee has been paid.
19B. Relief where debts due from a deceased person have been paid out of his estate.
19C. Relief in case of several grants.
19D. Probates declared valid as to trust-property though not covered by court-fee.
19E. Provision for case where too low a court-fee has been paid on probates, etc.
19F. Administrator to give proper security before letters stamped under section 19E.
19G. Executors, etc., not paying full court-fee on probates, etc., within six months after
discovery of under-payment.
19H. Notice of applications for probate or letters of administration to be given to Revenue-
authorities, and procedure thereon.
19I. Payment of court-fees in respect of probates and letters of administration.
19J. Recovery of penalties, etc.
19K. Sections 6 and 28 not to apply to probates or letters of administration.
CHAPTER IV
PROCESS-FEES
20. Rules as to cost of processes.
Confirmation and publication of rules.
3
SECTIONS
21. Tables of process-fees.
22. Number of peons in District and subordinate Courts.
Number of peons in Mufassal Small cause Courts.
23. Number of peons in Revenue Courts.
24. [Repealed.].
CHAPTER V
OF THE MODE OF LEVYING FEES
25. Collection of fees by stamps.
26. Stamps to be impressed or adhesive.
27. Rules for supply, number, renewal and keeping accounts of stamps.
28. Stamping documents inadvertently received.
29. Amended document.
30. Cancellation of stamp.
CHAPTER VI
MISCELLANEOUS
31. [Repealed.].
32. [Repealed.].
33. Admission in criminal cases of documents for which proper fee has not been paid.
34. Sale of stamps.
35. Power to reduce or remit fees.
36. Saving of fees to certain officers of High Courts.
SCHEDULE I.— AD VALOREM FEES
TABLE OF RATES OF AD VALOREM FEES LEVIABLE ON THE
INSTITUTION OF SUITS.
SCHEDULE II. — FIXED FEES
SCHEDULE III. — FORM OF VALUATION (TO BE USED WITH SUCH MODIFICATIONS, IF ANY,
AS MAY BE NECESSARY)
ANNEXURE A.— VALUATION OF THE MOVABLE AND IMMOVABLE
PROPERTY OF DECEASED.
ANNEXURE B.—SCHEDULE OF DEBTS, ETC.
4
THE COURT-FEES ACT, 1870
ACT NO. 7 OF 18701
[11th March, 1870.]
CHAPTER I
PRELIMINARY
1. Short title.—This Act may be called the Court-fees Act, 1870.
Extent of Act.—It extends to the whole of India except 2[the territories which, immediately before
the 1st November, 1956, were comprised in Part B States];
Commencement of Act.—And it shall come into force on the first day of April, 1870.
3[1A. Definition of “appropriate Government”.—In this Act “the appropriate Government”
means, in relation to fees or stamps relating to documents presented or to be presented before any
officer serving under the Central Government, that Government, and in relation to any other fees
or stamps, the State Government.]
42. [“Chief Controlling Revenue-authority” defined.] Rep. by the A. O. 1937.
1. It has been declared inapplicable to proceedings before officers making a settlement, and in certain other cases under the Sonthal
Parganas Settlement Regulation, 1872 (Reg. 3 of 1872), s. 8, as amended by the Sonthal Parganas Justice and Laws Regulation, 1899
(Reg. 3 of 1899).
It has been extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I
(w.e.f. 1-7-1965), to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch., and to the whole of Union territory of
Lakshadweep by Reg. 8 of 1863, s. 3 and Sch., with modification (w.e.f. 1-10-1967).
It has been amended in—
Ajmer-Merwara by Act 31 of 1930;
Assam by Assam Acts 4 of 1922, 3 of 1932, 18 of 1947, 8 of 1950, 27 of 1954, 22 of 1955, 3 of 1958, 19 of 1958, 12 of 1960
and 28 of 1972;
Bengal by Bengal Acts 3 of 1898, 4 of 1922, 6 of 1922, 7 of 1935, 11 of 1935 and 3 of 1941;
Bihar by Bihar Acts 17 of 1939 and 7 of 1958.
Bihar and Orissa by B. & O. Act 2 of 1922;
Bombay by Bombay Acts 2 of 1932 and 15 of 1943;
C.P. by C.P. Act 16 of 1935;
C.P. and Berar by C.P. and Berar Acts 9 of 1938, 16 of 1940, 9 of 1941, 5 of 1945 and 7 of 1948 and M.P. Acts 4 and 38 of
1950, 13 and 22 of 1951 and 9 of 1953;
Himachal Pradesh by H.P. Act 4 of 1952;
Madras by Madras Acts 5 of 1922 and 17 of 1945;
Orissa by Orissa Acts 5 of 1939, 4 of 1945, 13 of 1957, 12 of 1974 and 55 of 1975;
Punjab by Act 17 of 1887 and Punjab Acts 7 of 1922, 1 of 1942, E.P. Act 26 of 1949 and Pun. Act 31 of 1953,
19 of 1957, 20 of 1960 and 9 of 1979;
U.P. by U.P. Acts 12 of 1922, 3 of 1933, 2 of 1936, 19 of 1938, 9 of 1941, 14 of 1942, 8 of 1943, 5 of 1944, 14 of
1948, 28 of 1957, 10 of 1959, 34 of 1970 and 9 of 1975;
Andaman and Nicobar Islands by Reg. 2 of 1957;
Meghalaya by Meghalaya Acts 2 of 1973 and 5 of 1973;
Madhya Pradesh by Madhya Pradesh Acts 24 of 1975 and 4 of 1976;
Delhi by Central Act 28 of 1967; and
Haryana by Haryana Acts 11 of 1974 and 22 of 1974.
The Act has been repealed in its application to Bombay area and Coorg district of Mysore by Mysore Act 16 of 1958.
It has been repealed in part in partially excluded areas in Madras and Koraput by Madras Reg. 6 of 1940 and Orissa Reg. 7 of 1943,
respectively.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
3. Ins. by the A.O. 1937.
4. The Original s. 2 relating to repeal of enactments was rep. by the Repealing Act, 1870 (14 of 1870). A section defining “Chief
Controlling Revenue-authority” was added by s. 2 of the Court-fees (Amendment) Act, 1901 (10 of 1901), and was slightly amended
by the Repealing and Amending Act, 1917 (24 of 1917). For the definition of the “Chief Controlling Revenue-authority” see now the
General Clauses Act, 1897 (10 of 1897), s. 3 (10).
The A.O. 1937 rep. s. 2 as in force elsewhere than in Bengal. In that Province the secti on subs. by the Court-fees (Bengal
Amendment) Act, 1935 (Ben. 7 of 1935), s. 3 contains definitions of “appeal”, “Chief Controlling Revenue -authority”,
“Collector” and “Suit”.
5
STATE AMENDMENT
Orissa
Amendment of section 2 of Act (7 of 1870).—For section 2 of the Court Fees Act, 1870, hereinafter
called the principal Act, the following section shall be substituted:—
“2. Definition.—In this Act, unless there is anything repugnant in the subject or context,—
(1) ‘appeal’ includes a cross objection;
(2) ‘suit’ includes an appeal from a decree except in section 8-A.”
[Vide Orissa Act 5 of 1939, s. 3]
CHAPTER II
FEES IN THE HIGH COURTS AND IN THE COURTS OF SMALL CAUSES
AT THE PRESIDENCY-TOWNS
3. Levy of fees in High Courts on their original sides.—The fees payable for the time being to the
clerks and officers (other than the Sheriffs and attorneys) of 1[the 2[High Courts other than those of
Kerala, Mysore and Rajasthan]],
or chargeable in each of such Courts under No. 11 of the first, and Nos. 7, 12, 14, 3***
20 and 21 of the second, schedule to this Act annexed;
Levy of fees in Presidency Small Cause Courts.—and the fees for the time being chargeable in the
Courts of Small Causes at the 4presidency-towns, and their several offices;
shall be collected in manner hereinafter appearing.
4. Fees on documents filed, etc., in High Courts, in their extraordinary jurisdiction.—No
document of any of the kinds specified in the first or second schedule to this Act annexed, as chargeable
with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, any of the said
High Courts in any case coming before such Court in the exercise of its extraordinary original civil
jurisdiction;
or in the exercise of its extraordinary original criminal jurisdiction;
In their appellate jurisdiction.—or in the exercise of its jurisdiction as regards appeals from the
5[judgments (other than judgments passed in the exercise of the ordinary original civil jurisdiction of the
Court) of one] or more Judges of the said Court, or of a Division Court;
or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence;
As Courts of reference and revision.—or in the exercise of its jurisdiction as a Court of reference or
revision;
unless in respect of such document there be paid a fee of an amount not less than that indicated by
either of the said schedules as the proper fee for such document.
STATE AMENDMENT
Uttar Pradesh
Amendment of section 4 of Act VII of 1870.—In the marginal heading to the first clause of
section 4 of the Court Fees Act, 1870, as amended from time to time in its application to Uttar Pradesh for
the words “in the High Courts in their ordinary or extraordinary jurisdiction “ shall be substitution.
[Vide Uttar Pradesh Act X of 1959, s. 2]
1. Subs by the A.O.1950, for “the Courts which are High Courts for the purposes of the Government of India Act, 1935”.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “High Courts for Part A States”.
3. The number “16” rep. by Act 12 of 1891.
4. See the Presidency Small Cause Courts Act, 1882 (15 of 1882), Ch. X.
5. Subs. by Act 19 of 1922, s. 2, for “judgment of two”.
6
Amendment of section 4 of Act VII of 1870.—In section 4 of the Court Fees Act, 1870, as amended
from time to time in its application to Uttar Pradesh—
(1) for the words “any of the said High Courts”, the words “the High Court of Judicature at
Allahabad” shall be substituted;
(2) between the words “in the exercise of its” and the words “extraordinary original civil
jurisdiction”, the words “ordinary or” shall be inserted;
(3) between the words “in the exercise of its” and the words “extraordinary original criminal
jurisdiction”, the words “ordinary or” shall be inserted; and
(4) after the sub-paragraph “or in the exercise of its jurisdiction as a Court of reference or
revision”, the following sub-paragraphs shall be added—
“Or in the exercise of its jurisdiction to issue direction the exercise of nation, orders or writs
under the jurisdiction to issue Constitution of India;
Or in the exercise of jurisdiction in any other in the exercise of any other jurisdiction matter.”
[Vide Uttar Pradesh Act X of 1959, s. 3]
5. Procedure in case of difference as to necessity or amount of fee.—When any difference arises
between the officer whose duty it is to see that any fee is paid under this Chapter and any suitor or
attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference
arises in any of the said High Courts, be referred to the taxing-officer, whose decision thereon shall be
final, except when the question is, in his opinion, one of general importance, in which case he shall refer
it to the final decision of the Chief Justice of such High Court, or of such Judge of the High Court as the
Chief Justice shall appoint either generally or specially in this behalf.
When any such difference arises in any of the said Courts of Small Causes, the question shall be
referred to the Clerk of the Court, whose decision thereon shall be final, except when the question is, in
his opinion, one of general importance, in which case he shall refer it to the final decision of the first
Judge of such Court.
The Chief Justice shall declare who shall be taxing-officer within the meaning of the first paragraph
of this section.
CHAPTER III
FEES IN OTHER COURTS AND IN PUBLIC OFFICES
6. Fees on documents filed, etc., in Mufassal Courts or in public offices.—Except in the
Courts hereinbefore mentioned, no document of any of the kinds specified as chargeable in the first
or second schedule to this Act annexed shall be filed, exhibited or recorded in any Court of Justice,
or shall be received or furnished by any public officer, unless in respect of such document there be
paid a fee of an amount not less than that indicated by either of the said schedules as the proper fee
for such document.
STATE AMENDMENT
Orissa
Amendment of section 6 of Act (7 of 1870).--Section 6 of the principal Act shall be re-numbered as
sub-section (1) of section 6 and , after the said sub-section, the following sub-section shall be inserted:—
“(2) Notwithstanding anything contained in sub-section (1), the Provincial Government may, by
notification, direct that a copy of a document, specified as chargeable in Schedules I and II to this
Act annexed, shall be furnished by a public officer without payment of the fee indicated by either of
the said Schedules as the proper fee for such copy and the copy so furnished shall be chargeable
with the requisite fee only when it is filed, exhibited or recorded in any Court of justice or received
by a public officer as mentioned in sub-section (1).”
[Vide Orissa Act 5 of 1939, s. 4]
7
STATE AMENDMENT
Uttar Pradesh
Amendment of section 6 of Act (7 of 1870).—In section 6 of the Court Fees Act, 1870 as
amended in its application to Uttar Pradesh, hereinafter, in this Chapter referred to as the principal
Act,—
(a) in sub-section (1), in the first proviso, for the words “the United” Provinces Tenancy Act,
1939, or the United Provinces Land Revenue Act, 1901”, the words “any law relation to land
tenures or land revenue shall be substituted;
(b) in sub-section (6), for the words “Chief Inspector of Stamps” the words “Commission of
Stamps” shall be substituted.
[Vide Uttar Pradesh Act 6 of 1980, s. 2]
Amendment of section 6-A.—In section 6-A of the principal Act, in sub-section (3), for the
words “Chief Inspector of Stamps”, the words “Commissioners of Stamps” shall be substituted.
[Vide Uttar Pradesh Act 6 of 1980, s. 3]
Amendment of section 6-B.—In section 6-B of the principal Act, in sub-section (1), for the
words “Chief Inspector of Stamps”, the words “Commissioner of Stamps” shall be substituted.
[Vide Uttar Pradesh Act 6 of 1980, s. 4]
7. Computation of fees payable in certain suits.—The amount of fee payable under this Act in the
suits next hereinafter mentioned shall be computed as follows:—
for money.—(i) In suits for money (including suits for damages or compensation, or arrears of
maintenance, of annuities, or of other sums payable periodically)—according to the amount claimed:
for maintenance and annuities.—(ii) In suits for maintenance and annuities or other 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:
for other movable property having a market-value.—(iii) In suits for movable property other
than money, where the subject-matter has a market-value—according to such value at the date of
presenting the plaint:
(iv) In suits—
for movable property of no market-value.—(a) for movable property where the subject-
matter has no market-value, as, for instance, in the case of documents relating to title,
to enforce a right to share in joint family property.—(b) to enforce the right to share in
any property on the ground that it is joint family property,
for a declaratory decree and consequential relief.—(c) to obtain a declaratory decree or
order, where consequential relief is prayed,
for an injunction.—(d) to obtain an injunction,
for easements.—(e) for a right to some benefit (not herein otherwise provided for) to arise
out of land, and
for accounts.—(f) for accounts—
according to the amount at which the relief sought is valued in the plaint or memorandum
of appeal:
8
In all such suits the plaintiff shall state the amount at which he values the relief
sought 1***:
for possession of land, houses and gardens.—(v) In suits for the possession of land, houses and
gardens—according to the value of the subject-matter; and such value shall be deemed to be—
where the subject-matter is land, and—
(a) where the land forms an entire estate, or a definite share of an estate, paying annual
revenue to Government,
or forms part of such an estate and is recorded in the Collector’s register as separately
assessed with such revenue,
and such revenue is permanently settled—
ten times the revenue so payable:
(b) where the land forms an entire estate, or a definite share of an estate, paying annual
revenue to Government, or forms part of such estate and is recorded as aforesaid;
and such revenue is settled, but not permanently—
five times the revenue so payable:
(c) where the land pays no such revenue, or has been partially exempted from such payment, or is
charged with any fixed payment in lieu of such revenue,
and nett profits have arisen from the land during the year next before the date of presenting the plaint—
fifteen times such nett profits:
but where no such nett profits have arisen therefrom— the amount at which the Court shall
estimate the land with reference to the value of similar land in the neighbourhood :
(d) where the land forms part of an estate paying revenue to Government, but is not a definite
share of such estate and is not separately assessed as above-mentioned—the market-value of the land:
Proviso as to Bombay Presidency.—Provided that, in the 2territories subject to the Governor of
Bombay in Council, the value of the land shall be deemed to be—
(1) where the land is held on settlement for a period not exceeding thirty years and pays the
full assessment to Government—a sum equal to five times the survey-assessment;
(2) where the land is held on a permanent settlement, or on a settlement for any period
exceeding thirty years, and pays the full assessment to Government—a sum equal to ten times the
survey-assessment; and
(3) where the whole or any part of the annual survey-assessment is remitted—a sum
computed under paragraph (1) or paragraph (2) of this proviso, as the case may be, in
addition to ten times the assessment, or the portion of assessment, so remitted.
Explanation.—The word “estate”, as used in this paragraph, means any land subject to the
payment of revenue, for which the proprietor or a farmer or raiyat shall have executed a separate
engagement to Government, or which, in the absence of such engagement, shall have been separately
assessed with revenue:
1. The words “and the provisions of the Code of Civil Procedure, section thirty-one, shall apply as if, for the word ‘claim’, the
words ‘relief sought’, were substituted” omitted by Act 12 of 1891, s. 3 and the First Schedule.
2. See para.8 of the A.O. 1937. In view of this provision the expression “Governor of Bombay in Council” has been left
unmodified.
9
for houses and gardens.—(e) Where the subject-matter is a house or garden according to the
market-value of the house or garden:
to enforce a right of pre-emption.—(vi) In suits to enforce a right of pre-emption-according to the
value (computed in accordance with paragraph (v) of this section) of the land, house or garden in respect
of which the right is claimed:
for interest of assignee of land revenue.—(vii) In suits for the interest of an assignee of land
revenue—fifteen times his net profits as such for the year next before the date of presenting the plaint:
to set aside an attachment.—(viii) In suits to set aside an attachment of land or of an interest in land
or revenue—according to the amount for which the land or interest was attached:
Provided that, where such amount exceeds the value of the land or interest, the amount of fee shall be
computed as if the suit were for the possession of such land or interest.
to redeem.—(ix) In suits against a mortgagee for the recovery of the property mortgaged.
to foreclose.—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—
according to the principal money expressed to be secured by the instrument of mortgage :
for specific performance.—(x) In suits for specific performance—
(a) of a contract of sale—according to the amount of the consideration :
(b) of a contract of mortgage—according to the amount agreed to be secured :
(c) of a 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 :
between landlord and tenant.— (xi) In the following suits between landlord and tenant:—
(a) for the delivery by a tenant of the counterpart of a lease,
(b) to enhance the rent of a tenant having a right of occupancy,
(c) for the delivery by a landlord of a lease,
1[(cc) for the recovery of immovable property from a tenant, including a tenant holding over after
the determination of a tenancy,]
(d) to contest a notice of ejectment,
(e) to recover the occupancy of 2[immovable property] from which a tenant has been illegally
ejected by the landlord, and
(f) for abatement of rent—
according to the amount of the rent of the 2[immovable property] to which the suit refers,
payable for the year next before the date of presenting the plaint.
STATE AMENDMENT
Orissa
Amendment of section 7 of Act (7 of 1870).—In section 7 of the principal Act, for the words “in the
suits next hereinafter mentioned” the words “in the suits next hereinafter mentioned except suits for relief
under section 14 of the Religious Endowments Act, 1863, or under section 91 or section 92 of the Code of
Civil Procedure, 1908”, shall be substituted.
[Vide Orissa Act 5 of 1939, s. 5]
1. Ins. by Act 6 of 1905, s. 2 (1).
2. Subs. by s. 2 (2), ibid., for “land”.
10
Amendment of section 7 of Act (7 of 1870).—In section 7ii of the principal Act, after the words
“shall be deemed to be the words” “in suits for maintenance five times and in other suits” shall be
inserted.
[Vide Orissa Act 5 of 1939, s. 6]
Amendment of section iv of Act (7 of 1870).—Clause (b) of section 7iv of the principal Act shall be
omitted.
[Vide Orissa Act 5 of 1939, s. 7]
Insertion new paragraph in section 7 of Act (7 of 1870).—In section 7 of the principal Act after
paragraph iv the following paragraph shall be inserted:—
“iv-A. in a suit for cancellation of a decree for money or other property having a money –value ,
or other document securing money or other property having such value,
According to the value of the subject-matter of the suit, and such value shall be deemed to be—
if the whole decree or other document is sought to be cancelled, the amount or the value of the
property for which the decree was passed or the other document executed,
if a part of the decree or other document is sought to be cancelled, such part of the amount or
value of the property.
Explanation.—In any case where a suit for the cancellation of a whole decree for money or other
property having a money value, or other document securing money or other property having such
value has to be instituted, but the substantial relief claimed is only in respect of a part of the amount
or the decree was passed or the other document as executed, the value of the subject matter of the suit
shall be deemed to be such part of the amount or value of the property in respect of which the relief is
sought.”
[Vide Orissa Act 5 of 1939, s. 8]
Amendment paragraph v of section 7 of Act (7 of 1870).—In paragraph v of section 7 of the
principal Act,
(1) in clause (a), for the word “ten” the word “ten” shall be substituted;
(2) in clause (b), for the word “five” the word “ten” shall be substituted;
(3) the following proviso shall be inserted after the existing proviso:—
“Provided further that in suits for possession of land if rules are framed under section 3 of the
Suits Valuation Act, 1887 (7 of 1887), for determining the value for the purposes of jurisdiction, the
value so determined shall be deemed to be the value of the hand for the purposes of this paragraph ;
and
(4) the existing Explanation shall be re-numbered as Explanation I, and, after the
Explanation so re-numbered, the following Explanation shall be added, namely:—
“Explanation II.—In this paragraph, ‘building’ includes a house, out-house, stable, privy, urinal,
shed, hut, wall, and any other such structure, whether of masonry, bricks, wood, mud, metal or any
other material whatsoever.”
[Vide Orissa Act 5 of 1939, s. 9]
Insertion of new paragraph vi-A in section 7 of Act (7 of 1870).—In section 7 of the principal Act
after paragraph vi the following paragraph shall be inserted:—
“vi-A. In suits for partition and separate possession of a share of joint family property or of joint
property, or to enforce a right to a share in any property on the ground that it is joint family property
or joint property—
if the plaintiff alleges that he has been excluded from possession of the property of which he
claims to be a coparcener or co-owner-according to the market-value of the share in respect of which
the suit is instituted.
11
Explanation.—The word “possession” for the purposes of this paragraph includes constructive
possession.”
[Vide Orissa Act 5 of 1939, s. 10]
Haryana
Amendment of section 7 of Act 7 of 1870.— In section 7 of the Court Fees Act, 1870 (hereinafter
referred to as the principal Act),—
(a) in the first proviso to clause (iv), for the words "thirteen rupees", the words `twenty-five
rupees' shall be substituted ; and
(b) for clause (v), the following clause shall be substituted, namely :—
"(v) in suits for the possession of land, houses and gardens, according to the value of the
subject matter ; and such value shall be deemed to be,—
(a) where the subject matter is land, according to the market value thereof which shall be
deemed to be,—
(i) in the case of land which is irrigated by perennial canal, two thousand rupees per
acre ;
(ii) in the case of land which is irrigated by non-perennial canal or by well, one
thousand and five hundred rupees per acre ;
(iii) in the case of land which is Barani, one thousand rupees per acre ;
(iv) in the case of land which is Sailab or Bhud, seven hundred and fifty rupees per
acre ; and
(v) in the case of land which is Thur, Sem, Banjar or of like nature, five hundred
rupees per acre ; and
(b) where the subject matter is house or garden, according to its market value ;".
[Vide Haryana Act 11 of 1974, s. 2]
Haryana
Amendment of section 7 of Act 7 of 1870.—In section 7 of the Court Fees Act, 1870 (hereinafter
referred to as the principal Act), for sub-clauses (a) and (b) of clause (r), the (following sub-clauses shall
be substituted, namely :—
"(a) where the subject matter is land other than land situated within municipal limits or Abadi
Deh whether under cultivation or not according to the market value thereof which shall be deemed to
be,—
(i) in the case of land which is irrigated by perennial canal, sixty rupees per acre ;
(ii) in the case of land which is irrigated by non-perennial canal or by well, fifty rupees per
acre ; and
(iii) in the case of land which is Barani, Sailab, Bhud, Thur, Sem, Banjar or of like nature,
thirty rupees per acre ; and
(b) where the subject matter is house, garden, or land situated within municipal limits or Abadi
Deh whether under cultivation or not, according to its market value ; ",
[Vide Haryana Act 22 of 1974, s. 2]
8. Fee on memorandum of appeal against order relating to compensation.—The amount
of fee payable under this Act on a memorandum of appeal against an order relating t o
compensation under any Act for the time being in force for the 1acquisition of land for public
1. See now the Land Acquisition Act, 1894 (1 of 1894).
12
purposes, shall be computed according to the difference between the amount awarded and the
amount claimed by the appellant.
STATE AMENDMENT
Orissa
Insertion of new section 8A in Act (7 of 1870).--After section 8 of the principal Act, the following
section shall be inserted:—
“8A. Statement of particulars of subject-matters of suits and plaintiff’s valuation thereof.—In
every suit in which an ad valorem court-fee is payable under this Act on the plaint, the plaintiff shall file
with the plaint a statement of particulars of the subject-matter of the suit ad his own valuation thereof
unless such particulars and the valuation are contained in the plaint. The statement shall be in such form
and shall contain such particulars as may be prescribed by the Provincial Government by notification in
the Gazette. In every such suit the plaintiff shall also, if the Court so directs, file a duplicate copy of the
plaint and of the said statement”.
[Vide Orissa Act 5 of 1939, s. 11]
Haryana
Amendment of section 8 of central Act 7 of 1870.—To section 8 of the Court Fees Act, 1870,
(hereinafter called the principal Act), the following proviso, shall be added, namely:--
“Provided that the fixed court fee of one hundred rupees shall be payable on the memorandum of a
appeal or cross objections before the High Court arising under the Land Acquisition Act, 1984 or any
other law for the time being in force for acquisition of land for public purposes.”.
[Vide Haryana Act 3 of 1990, s. 2]
9. Power to ascertain nett profits or market-value.—If the Court sees reason to think that the
annual nett profits or the market-value of any such land, house or garden as is mentioned in section 7,
paragraphs (v) and (vi), have or has been wrongly estimated, the Court may, for the purpose of computing
the fee payable in any suit therein mentioned, issue a commission to any proper person directing him to
make such local or other investigation as may be necessary, and to report thereon to the Court.
10. Procedure where net profits or market-value wrongly estimated.—(i) If in the result of
any such investigation the Court finds that the net profits or market-value have or has been
wrongly estimated, the Court, if the estimation has been excessive, may in its discretion refund
the excess paid as such fee: but, if the estimation has been insufficient, the Court shall require
the plaintiff to pay so much additional fee as would have been payable had the said market-value
or nett profits been rightly estimated.
(ii) In such case the suit shall be stayed until the additional fee is paid. If the additional fee is not paid
within such time as the Court shall fix, the suit shall be dismissed.
1* * * * *
11. Procedure in suits for mesne profits or account when amount decreed exceeds amount
claimed.—In suits for mesne profits or for immovable property and mesne profits, or for an account, if
the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff
valued the relief sought, the decree shall not be executed until the difference between the fee actually paid
and the fee which would have been payable had the suit comprised the whole of the profits or amount so
decreed shall have been paid to the proper officer.
Where the amount of mesne profits is left to be ascertained in the course of the execution of the
decree, if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be
stayed until the difference between the fee actually paid and the fee which would have been payable had
1. Clause (iii) rep. by Act 12 of 1891, s. 3 and the First Schedule.
13
the suit comprised the whole of the profits so ascertained is paid. If the additional fee is not paid within
such time as the Court shall fix, the suit shall be dismissed.
STATE AMENDMENT
Orissa
Amendment of section 11 of Act (7 of 1870).—For the second paragraph of section 11 of the
principal Act the following paragraphs shall be substituted:—
“Where a decree directs an enquiry as to mesne-profits which have accrued on the property
during a period prior to the institution of the suit, if the profits ascertained on such inquiry exceed the
profits claimed, no final decree shall be passed till the difference between the fee actually paid and
the fee which would have been payable had the suit comprised the whole of the profits so ascertained
is paid. If the additional fee is not paid within such time as the Court shall fix, the claim for the excess
shall be dismissed, unless the Court, for sufficient cause, extends the time for payment.
Where a decree directs an inquiry as to mesno-profits from the institution of the suit and a final
decree is passed in accordance with the result of such inquiry, the decree shall not be executed until
such fee is paid would have been payable on the amount claimed in execution if a separate suit had
been instituted therefor.”
[Vide Orissa Act 5 of 1939, s. 12]
12. Decision of questions as to valuation.—(i) Every question relating to valuation for the purpose
of determining the amount of any fee chargeable under this Chapter on a plaint or memorandum of
appeal, shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed,
and such decision shall be final as between the parties to the suit.
(ii) But whenever any such suit comes before a Court of appeal, reference or revision, if such Court
considers that the said question has been wrongly decided to the detriment of the revenue, it shall require
the party by whom such fee has been paid to pay so much additional fee as would have been payable had
the question been rightly decided, and the provisions of section 10, paragraph (ii), shall apply.
STATE AMENDMENT
Orissa
Amendment of section 12 of Act (7 of 1870).--(1) In section 12 of the principal Act, for paragraph
ii, the following paragraph shall be substituted:—
“ii. But whenever any such suit comes before a Court of appeal, reference or revision, if such
Court considers that the said question has been wrongly decided, it shall—
(a) in any case in which the decision is to the detriment of revenue, require the party by
whom such fee has been paid, to pay so much additional fee as would have been payable had the
question been rightly decided and thereafter—
(i) if the party required to pay is the appellant or petitioner, the appeal or petition shall be
stayed until the additional fee is paid. If the additional fee is not paid within such time as the
Court shall fix, the appeal or petition shall be dismissed;
(ii) if the party required to pay it’s the respondent or the opposite party, the Court shall
fix a date before which such party shall pay the amount of court fee due from him and, if
such party fails to pay the fee required before the date fixed by the Court, the Court shall
recover the amount of such fee from him as if it were an arrear of land revenue. Where the
Court considers that the amount of such fee should be paid to the respondent or the opposite
party by the appellant or the petitioner, as the case may be , the Court may provide for such
payment in the order as to costs in the said appeal or petition; and
(b) in any case in which the decision is that any excess fee has been levied, direct the refund of
so much excess fee to the party who paid it as would not have been payable had the question been
rightly decided.
14
Explanation.—For the purposes of this section a question relating to the classification of any suit
in regard to section 7 shall not be deemed to be a question relating to valuation.”
[Vide Orissa Act 5 of 1939, s. 13]
13. Refund of fee paid on memorandum of appeal.—If an appeal or plaint, which has been rejected
by the lower Court on any of the grounds mentioned in the 1Code of Civil Procedure, is ordered to be
received, or if a suit is remanded in appeal, on any of the grounds mentioned in 2section 351 of the same
Code, for a second decision by the lower Court, the Appellate Court shall grant to the appellant a
certificate, authorizing him to receive back from the Collector the full amount of fee paid on the
memorandum of appeal:
Provided that if, in the case of a remand in appeal, the order of remand shall not cover the whole of
the subject-matter of the suit, the certificate so granted shall not authorize the appellant to receive back
more than so much fee as would have been originally payable on the part or parts of such subject-matter
in respect whereof the suit has been remanded.
STATE AMENDMENT
Orissa
Amendment of section 13.—In the Court-fees Act, 1870 (7 of 1870),—
(a) For the marginal heading to section 13, the following marginal heading shall be substituted,
namely:—
“Refund of fee paid on memorandum of appeal and in cases where compromise or settlement has
been arrived at by a Lok Adalat.”;
(b) Section 13 shall be renumbered as sub-section (1) thereof and —
(i) In sub-section (1) as so renumbered, for the words and figures “ the Code of Civil Procedure”
and “section 351 of the same Code”, the words and figures “ the Code Civil Procedure, 1908” and
“rule 23 of Order XLI of the First Schedule to the said Code” shall respectively be substituted; and
(ii) After sub-section (1) as so renumbered, the following new sub-section shall be inserted,
namely:—
“(2) Where a compromise or settlement has been arrived at, by a Lok Adalat in a case
referred to it under sub-section (1) of section 20 of the Legal Services Authorities Act, 1987 (39
of 1987), the Court by which the case was so referred to the Lok Adalat shall grant a certificate
to the party or every party to the case who paid any court-fee in that case, authorizing him to
receive back from the Collector the full amount of the fee so paid.”.
[Vide Orissa Act 7 of 2002, s. 2]
Tripura
Amendment of Section 13.—In section 13 of the principal Act, the expression “the Appellate Court
shall grant to the appellant a certificate, authorizing him to receive back from the Collector the full
amount of fee paid on the memorandum of appeal”, shall be substituted with the expression “the
Appellate Court shall grant to the appellant a certificate, authorizing him to receive back from the
Collector or by way of electronic transfer in such manner as may be prescribed, the full amount of fee
paid on the memorandum of appeal”.
[Vide Tripura Act 17 of 2020, s. 2]
1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
2. This reference should now be read as applying to the corresponding provision of Act 5 of 1908, i.e., Order XLI, rule 23 of the
First Schedule.
15
14. Refund of fee on application for review of judgment.—Where an 1application for a review of
judgment is presented on or after the ninetieth day from the date of the decree, the Court, unless the delay
was caused by the applicant’s laches, may, in its discretion, grant him a certificate authorizing him to
receive back from the Collector so much of the fee paid on the application as exceeds the fee which
would have been payable had it been presented before 2such day.
Tripura
Amendment of Section 14.—In Section 14 of the principal Act, the expression “grant him a certificate
authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the
fee which would have been payable had it been presented before such day”, shall be substituted with the
expression “grant him a certificate authorizing him to receive back from the Collector or by way of
electronic transfer in such manner as may be prescribed, so much of the fee paid on the application as
exceeds the fee which would have been payable had it been presented before such day.”
[Vide Tripura Act 17 of 2020, s. 3]
15. Refund where Court reverses or modifies its former decision on ground of
mistake.—Where an application for a review of judgment is admitted, and where, on the
rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or
fact, the applicant shall be entitled to a certificate from the Court authori sing him to receive back
from the Collector so much of the fee paid on the 3[application] as exceeds the fee payable on
any other application to such Court under the second schedule to this Act, No. 1, clause ( b) or
clause (d).
But nothing in the former part of this section shall entitle the applicant to such certificate
where the reversal or modification is due, wholly or in part, to fresh evidence which might have
been produced at the original hearing.
Tripura
Amendment of Section 15.—In section 15 of the principal Act, the expression “the applicant shall be
entitled to a certificate from the court authorizing him to receive back from the Collector so much of the
fee paid on the application as exceeds the fee payable on any other application to such Court under the
second schedule to this Act”, shall be substituted with the expression “the applicant shall be entitled to a
certificate from the court authorizing him to receive back from the Collector or by way of electronic
transfer in such manner as may be prescribed, so much of the fee paid on the application as exceeds the
fee payable on any other application to such court under the second schedule to this Act.”
[Vide Tripura Act 17 of 2020, s. 4]
4[16. Refund of fee.—Where the court refers the parties to the suit to any one of the mode of
settlement of dispute referred to in section 89 of the Code of Civil Procedure, 1908 (5 of 1908), the
plaintiff shall be entitled to a certificate from the court authorizing him to receive back from the collector,
the full amount of the fee paid in respect of such plaint.]
Tripura
Amendment of Section 16.—In Section 16 of the principal Act, the expression “the plaintiff shall be entitled to
a certificate from the Court authorizing him to receive back from the Collector, the full amount of the fee paid in
respect of such plaint”, shall be substituted with the expression “the plaintiff shall be entitled to a certificate from the
Court authorizing him to receive back from the Collector or by way electronic transfer in such manner as may be
prescribed, the full amount of the fee paid in respect of such plaint.”
[Vide Tripura Act 17 of 2020, s. 5]
1. As to application for review of judgment, see the Code of Civil Procedure, 1908 (Act 5 of 1908), s. 114 and Order
XLVII of the First Schedule.
2. See I Schedule, Nos. 4 and 5, infra.
3. Subs. by Act 20 of 1870, s. 1, for “plaint or memorandum of appeal”.
4. Ins. by Act 46 of 1999, s. 34 (w.e.f. 1-7-2002).
16
17. Multifarious suits.—Where a suit embraces two or more distinct subjects, the plaint or
memorandum of appeal shall be chargeable with the aggregate amount of the fees to which the
plaints or memoranda of appeal in suits embracing separately each of such subjects would be
liable under this Act.
Nothing in the former part of this section shall be deemed to affect the power conferred by the 1Code
of Civil Procedure, section 9.
18.Written examinations of complainants.—When the first or only examination of a person
who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other
than an offence for which police-officers may arrest without a warrant, and who has not already presented
a petition on which a fee has been levied under this Act, is reduced to writing under the provisions of the
2Code of Criminal Procedure, the complainant shall pay a fee of eight annas, unless the Court thinks fit to
remit such payment.
STATE AMENDMENT
Orissa
Amendment of section 18 of Act (7 of 1870).—In section 18 of the principal Act, for the words
“eight annas” the words “one rupee” shall be substituted.
[Vide Orissa Act 5 of 1939, s. 14]
Insertion of a new section 18-A Act (7 of 1l870). —After section 18 of the Court Fees Act, 1870, as
in force in the State of Orissa the following new section shall be inserted, namely:—
“18-A. Exemption to women.—(1) Notwithstanding anything contained in this Act no plaint in
respect of a suit filed by a women, whose annual income does not exceed three thousand rupees, for
maintenance or for enhancement of maintenance or for recovery of share in the estate of her deceased
husband or parent in the family property and no petitions filed by any such women for divorce on
ground of cruelty or other misconduct on the part of her husband shall be chargeable with court fees.
(2) The Court in which such plaint or petition is filed shall have power to make such inquiry as it
deems fit for assessing the income of the plaintiff or the petitioner, as the case may be.”.
[Vide Orissa Act 55 of 1975, s. 2]
19. Exemption of certain documents.—Nothing contained in this Act shall render the following
documents chargeable with any fee:—
(i) Power-of-attorney to institute or defend a suit when executed 3[by a member of any of the
Armed Forces of the Union] not in civil employment.
4* * * * *
(iii) Written statements called for by the Court after the first hearing of a suit.
5* * * * *
(v) Plaints in suits tried by 6village Munsifs in the Presidency of Fort St. George.
(vi) Plaints and processes in suits before District Panchayats in the same residency.
(vii) Plaints in suits before Collectors under Madras Regulation 12 of 1816.
(viii) Probate of a will, letters of administration, 7[and, save as regards debts and securities a
certificate under Bombay Regulation 8 of 1827], where the amount or value of the property in respect
of which the probate or letters or certificate shall be granted does not exceed one thousand rupees.
(ix) Application or petition to a Collector or other officer making a settlement of land-revenue, or
to a Board of Revenue, or a Commissioner of Revenue, relating to matters connected with the
1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
2. This reference should now be read as referring to the Code of Criminal Procedure, 1898 (Act 5 of 1898)—see s. 3 of that Act.
3. Subs. by the A.O. 1950, for “by an officer, warrant-officer, non-commissioned officer or private of Her Majesty’s army”.
4 Clause (ii) rep. by Act 12 of 1891, s. 3 and the First Schedule.
5. Clause (iv) rep. by Act 13 of 1889, s. 2 and the Schedule.
6. See the Madras Village Courts Act, 1889 (Mad. 1 of 1889).
7. Subs. by Act 7 of 1889, s. 13, for “and certificate mentioned in the first schedule to this Act annexed, No. 12”.
17
assessment of land or the ascertainment of rights thereto or interests therein, if presented previous to
the final confirmation of such settlement.
(x) Application relating to a supply for irrigation of water belonging to Government.
(xi) Application for leave to extend cultivation, or to relinquish land, when presented to an officer
of land-revenue by a person holding, under direct engagement with Government, land of which the
revenue is settled, but not permanently.
(xii) Application for service of notice of relinquishment of land or of enhancement of rent.
(xiii) Written authority to an agent to distrain.
(xiv) First application (other than a petition containing a criminal charge or information)
for the summons of a witness or other person to attend either to give evidence or to produce a
document or in respect of the production or filing of an exhibit not being an affidavit made for
the immediate purpose of being produced in Court.
(xv) Bail-bonds in criminal cases, recognizances to prosecute or give evidence, and recognizances
for personal appearance or otherwise.
(xvi) Petition, application, charge or information respecting any offence when presented,
made or laid to or before a police-officer, or to or before the 1Heads of Villages or the 2Village
Police in the territories respectively subject to the Governors in Council of Madras and
Bombay.
(xvii) Petition by a prisoner, or other person in duress or under restraint of any Court or its
officers.
(xviii) Complaint of a public servant [as defined in the Indian Penal Code (45 of 1860)], a
municipal officer, or an officer or servant of a Railway Company.
(xix) Application for permission to cut timber in Government forests, or otherwise relating to
such forests.
(xx) Application for the payment of money due by Government to the applicant.
(xxi) Petition of appeal against the chaukidari assessment under 3Act No. 20 of 1856, or against
any municipal tax.
(xxii) Applications for compensation under any law for the time being in force relating to the
4acquisition of property for public purposes.
(xxiii) Petitions presented to the Special Commissioner appointed under 5Bengal Act No. 2 of
1869 (to ascertain, regulate and record certain tenures in Chota Nagpur.).
[6(xxiv) (Petitions under the Indian Christian Marriage Act, 1872 (15 of 1872), sections 45 and
48.]
STATE AMENDMENT
Orissa
In section 19 of the Court-Fees Act, 1870 (7 of 1870) (hereinafter referred to as the principal Act) in
clause (viii) for the words” one thousand rupees” the words “two thousand rupees” shall be substituted.
[Vide Orissa Act 11 of 1967, s. 3]
1. See Madras Regulations 11 of 1816 and 4 of 1821, s. 6.
2. See Bombay Village Police Act, 1867 (Bom. 8 of 1867), ss. 14, 15 and 16.
3. The Bengal Chaukidari Act, 1856.
4. See now the Land Acquisition Act, 1894 (1 of 1894).
5. The Chota Nagpur Tenures Act, 1869.
6. Subs. by Act 15 of 1872, s. 2, for clause (xxiv) which read as follows:---
“Petitions under the 14th and 15th of Victoria, Ch. 40 (an Act for marriages in India), s. 5, or under Act No. 5 of 1852, s. 9”.
18
1[CHAPTER IIIA
PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION
19A. Relief where too high a court-fee has been paid.—Where any person on applying for
the probate of a will or letters of administration has estimated the property of the deceased to be of
greater value than the same has afterwards proved to be, and has consequently paid too high a
court-fee thereon, if, within six months after the true value of the property has been ascertained,
such person produces the probate or letters to the Chief Controlling Revenue-authority 2[for the
local area] in which the probate or letters has or have been granted,
and delivers to such Authority a particular inventory and valuation of the property of the deceased,
verified by affidavit or affirmation,
and if such Authority is satisfied that a greater fee was paid on the probate or letters than the law
required,
the said Authority may—
(a) cancel the stamp on the probate or letters if such stamp has not been already cancelled;
(b) substitute another stamp for denoting the court-fee which should have been paid thereon; and
(c) make an allowance for the difference between them as in the case of spoiled stamps, or repay
the same in money, at his discretion.
19B. Relief where debts due from a deceased person have been paid out of his estate.—
Whenever it is proved to the satisfaction of such Authority that an executor or administrator has
paid debts due from the deceased to such an amount as, being deducted out of the amount or value
of the estate, reduces the same to a sum which, if it had been the whole gross amount or value of the
estate, would have occasioned a less court-fee to be paid on the probate or letters of administration
granted in respect of such estate than has been actually paid thereon under this Act,
such Authority may return the difference, provided the same be claimed within three years after the
date of such probate or letters.
But when by reason of any legal proceeding, the debts due from the deceased have not been
ascertained and paid, or his effects have not been recovered and made available, and in consequence
thereof the executor or administrator is prevented from claiming the return of such difference within
the said term of three years, the said Authority may allow such further time for making the claim as
may appear to be reasonable under the circumstances.
19C. Relief in case of several grants.—Whenever 3 *** a grant of probate or letters of
administration has been or is made in respect of the whole of the property belonging to an estate,
and the full fee chargeable under this Act has been or is paid thereon, no fee shall be chargeable
under the same Act when a like grant is made in respect of the whole or any part of the same
property belonging to the same estate.
Whenever such a grant has been or is made in respect of any property forming part of an
estate, the amount of fees then actually paid under this Act shall be deducted when a like grant is
made in respect of property belonging to the same estate, identical with or including the property
to which the former grant relates.
19D. Probates declared valid as to trust-property though not covered by court-fee.—The
probate of the will or the letters of administration of the effects of any person deceased heretofore or
hereafter granted shall be deemed valid and available by his executors or administrators for
recovering, transferring or assigning, any movable or immovable property whereof or whereto the
deceased was possessed or entitled, either wholly or partially as a trustee, notwithstanding the amount
1. Ins. by Act 13 of 1875, s. 6.
2. Subs. by Act 10 of 1901, s. 3(1), for “of the Province”.
3. The word “such” rep. by Act 12 of 1891.
19
or value of such property is not included in the amount or value of the estate in respect of which a
court-fee was paid on such probate or letters of administration.
19E. Provision for case where too low a court-fee has been paid on probates, etc.—Where
any person on applying for probate or letters of administration has estimated the estate of the
deceased to be of less value than the same has afterwards proved to be, and has in consequence
paid too low a court-fee thereon, the Chief Controlling Revenue-authority 1[for the local area] in
which the probate or letters has or have been granted may, on the value of the estate of the
deceased being verified by affidavit or affirmation, cause the probate or letters of administration to
be duly stamped on payment of the full court-fee which ought to have been originally paid thereon
in respect of such value and of the further penalty, if the probate or letters is or are produced
within one year from the date of grant, of five times, or, if it or they is or are produced after one
year from such date, of twenty times, such proper court-fee, without any deduction of the court-fee
originally paid on such probate or letters:
Provided that, if the application be made within six months after the ascertainment of the true
value of the estate and the discovery that too low a court -fee was at first paid on the probate or
letters, and if the said Authority is satisfied that such fee was paid in consequence of a mistake or
of its not being known at the time that some particular part of the estate belonged to the deceased, and
without any intention of fraud or to delay the payment of the proper court-fee, the said Authority may
remit the said penalty, and cause the probate or letters to be duly stamped on payment only of the sum
wanting to make up the fee which should have been at first paid thereon.
19F. Administrator to give proper security before letters stamped under section 19E.—In case
of letters of administration on which too low a court-fee has been paid at first, the said Authority shall not
cause the same to be duly stamped in manner aforesaid until the administrator has given such security to
the Court by which the letters of administration have been granted as ought by law to have been given on
the granting thereof in case the full value of the estate of the deceased had been then ascertained.
2[19G. Executors, etc., not paying full court-fee on probates, etc., within six months
after discovery of under-payment.—Where too low a court-fee has been paid on any probate or
letters of administration in consequence of any mistake, or of its not being known at the time that some
particular part of the estate belonged to the deceased, if any executor or administrator acting under such
probate or letters does not, within six months 3*** after the discovery of the mistake or of any effects not
known at the time to have belonged to the deceased, apply to the said Authority and pay what is wanting
to make up the court-fee which ought to have been paid at first on such probate or letters, he shall forfeit
the sum of one thousand rupees and also a further sum at the rate of ten percent. on the amount of the sum
wanting to make up the proper court-fee.]
4 [19H. Notice of applications for probate or letters of administration to be given to
Revenue-authorities, and procedure thereon.—(1) Where an application for probate or letters of
administration is made to any Court other than a High Court, the Court shall cause notice of the
application to be given to the Collector.
(2) Where such an application as aforesaid is made to a High Court, the High Court shall cause
notice of the application to be given to the Chief Controlling Revenue-authority 5[for the local area in
which the High Court is situated].
(3) The Collector within the local limits of whose revenue-jurisdiction the property of the deceased
or any part thereof is, may at any time inspect or cause to be inspected, and take or cause to be taken
copies of, the record of any case in which application for probate or letters of administration has been
made; and if, on such inspection or otherwise, he is of opinion that the petitioner has under-estimated the
value of the property of the deceased, the Collector may, if he thinks fit, require the attendance of the
1. Subs. by Act 10 of 1901, s. 3(1), for “of the Province”.
2. As to recovery of penalties or forfeitures under s. 19G, see s. 19J, infra.
3. The words and figures “after the first day of April, 1875, or “rep. by Act 12 of 1891”.
4. Ins. by Act 11 of 1899, s. 2.
5. Subs. by Act 10 of 1901, s. 3(2), for “of the Province”.
20
petitioner (either in person or by agent) and take evidence and inquire into the matter in such manner as
he may think fit, and, if he is still of opinion that the value of the property has been under-estimated, may
require the petitioner to amend the valuation.
(4) If the petitioner does not amend the valuation to the satisfaction of the Collector, the Collector
may move the Court before which the application for probate or letters of administration was made, to
hold an inquiry into the true value of the property:
Provided that no such motion shall be made after the expiration of six months from the date of the
exhibition of the inventory required by section 277 of the 1Indian Succession Act, 1865 (10 of 1865), or
as the case may be, by section 98 of the 1Probate and Administration Act, 1881 (5 of 1881).
(5) The Court, when so moved as aforesaid, shall hold, or cause to be held, an inquiry accordingly,
and shall record a finding as to the true value, as near as may be, at which the property of the deceased
should have been estimated. The Collector shall be deemed to be a party to the inquiry.
(6) For the purposes of any such inquiry, the Court or person authori sed by the Court to
hold the inquiry may examine the petitioner for probate or letters of administration on oath
(whether in person or by commission), and may take such further evidence as may be produced
to prove the true value of the property. The person authorised as aforesaid to hold the inquiry shall return
to the Court the evidence taken by him and report the result of the inquiry, and such report and the
evidence so taken shall be evidence in the proceeding, and the Court may record a finding in accordance
with the report, unless it is satisfied that it is erroneous.
(7) The finding of the Court recorded under sub-section (5) shall be final, but shall not bar the
entertainment and disposal by the Chief Controlling Revenue-authority of any application under
section 19E.
(8) The State Government may make rules for the guidance of Collectors in the exercise of the
powers conferred by sub-section (3).]
2[19I. Payment of court-fees in respect of probates and letters of administration.—(1) No order
entitling the petitioner to the grant of probate or letters of administration shall be made upon an
application for such grant until the petitioner has filed in the Court a valuation of the property in the form
set forth in the third schedule, and the Court is satisfied that the fee mentioned in No. 11 of the first
schedule has been paid on such valuation.
(2) The grant of probate or letters of administration shall not be delayed by reason of any motion
made by the Collector under section 19H, sub-section (4).]
2[19J. Recovery of penalties, etc.— (1) Any excess fee found to be payable on any inquiry held
under section 19H, sub-section (6), and any penalty or forfeiture under section 19G, may, on the
certificate of the Chief Controlling Revenue-authority, be recovered from the executor or administrator as
if it were an arrear of land-revenue by any Collector 3***.
(2) The Chief Controlling Revenue-authority may remit the whole or any part of any such penalty or
forfeiture as aforesaid, or any part of any penalty under section 19E or of any court-fee under section 19E
in excess of the full court-fee which ought to have been paid.]
2[19K. Sections 6 and 28 not to apply to probates or letters of administration.—Nothing in
section 6 or section 28 shall apply to probates or letters of administration.]]
CHAPTER IV
PROCESS-FEES
20. Rules as to cost of processes.—The High Court shall, as soon as may be, make rules as to the
following matters:—
(i) The fees chargeable for serving and executing processes issued by such court in its appellate
jurisdiction, and by the other Civil and Revenue Courts established within the local limits of such
jurisdiction;
1. See now the Indian Succession Act, 1925 (39 of 1925).
2. Ins. by Act 11 of 1899, s 2.
3. The words “in any part of British India” rep by the A.O. 1948.
21
(ii) the fees chargeable for serving and executing processes issued by the Criminal Courts established
within such limits in the case of offences other than offences for which police-officers may arrest without
a warrant; and
(iii) the remuneration of the peons and all other persons employed by leave of a Court in the service
or execution of processes.
The High Court may from time to time alter and add to the rules so made.
Confirmation and publication of rules.—All such rules, alterations and additions shall,
after being confirmed by the State Government 1***, be published in the Official Gazette, and
shall thereupon have the force of law.
Until such rules shall be so made and published, the fees now leviable for serving and executing
processes shall continue to be levied, and shall be deemed to be fees leviable under this Act.
21. Tables of process fees.—A table in the English and Vernacular languages, showing
the fees chargeable for such service and execution, shall be exposed to view in a conspicuous
part of each Court.
22. Number of peons in district and subordinate Courts.—Subject to rules to be made by the High
Court and approved by the State Government 2***,
every District Judge and every Magistrate of a district shall fix, and may from time to time alter, the
number of peons necessary to be employed for the service and execution of processes issued out of his
Court and each of the Courts subordinate thereto,
Number of peons in Mufassal Small Cause Courts.—and for the purposes of this section,
every Court of Small Causes established under Act No. 11 of 1865 (to consolidate and amend
the law relating to Courts of Small Causes beyond the local limits of the ordinary o riginal civil
jurisdiction of the High Courts of Judicature)3 shall be deemed to be subordinate to the Court of
the District Judge.
23. Number of peons in Revenue Courts.—Subject to rules to be framed by the Chief
Controlling Revenue-authority and approved by the State Government 2***, every officer
performing the functions of a Collector of a district shall fix, and may from time to time alter,
the number of peons necessary to be employed for the service and execution of processes issued
out of his Court or the courts subordinate to him.
24. [Process served under this Chapter to be held to be process within meaning of Code
of Civil Procedure .] Rep. by the Repealing and Amending Act , 1891 (12 of 1891),
STATE AMENDMENT
Uttar Pradesh
Substitution of section 24-A.—For section 24-A for the principal Act, the following section shall be
substituted, namely:—
“24-A. Control of Court fee and Stamp Commissioner.—(1) The levy of fees under this Act shall be under
the general control and superintendence of the Chief Controlling Revenue Authority, who may be assisted in the
supervision thereof by the Commissioner of Stamps and by as many Additional many Additional Commissioners of
the Stamps, Deputy Commissioners of Stamps and Assistant Commissioners of Stamps as the State Government
may appoint in the behalf or by any other subordinate agency appointed for the purpose.
(2) The Officers and the agency referred to in sub-section (1) shall have access to all records, and shall be
furnished with all such information as may be required by them for the performance of their duties under this Act.”
[Vide Uttar Pradesh Act 6 of 1980, s. 5]
1. The words “and sanctioned by the Governor General of India in Council” rep. by Act 38 of 1920, s. 2 and the First
Schedule.
2. The words “and the Governor General of India in Council” Rep. by Act 38 of 1920, s. 2 and the First Schedule.
3. The reference to Act 11 of 1865 should now be read as referring to the Provincial Small Cause Courts Act, 1887 (9 of 1887);
see s. 2(3) of that Act.
22
CHAPTER V
OF THE MODE OF LEVYING FEES
25. Collection of fees by stamps.—All fees referred to in section 3 or chargeable under this Act shall
be collected by stamps.
STATE AMENDMENT
Meghalaya
Amendment section 25 of Central Act 7 of 1870.—In the Court Fees act, 1870 after section 25 the
following new section shall be inserted as section 25A, namely:--
“25A. Notwithstanding anything contained in section 25 where,
(a) (i) the State Government, in relation to any area in the State, or
(ii) The Deputy Commissioner, in relation to any area in the district under his charge, is
satisfied that on account of temporary shortage of stamps in any area, fees cannot be paid, and
payment of fees cannot be indicated on documents by means of stamps, the State Government, or
as the case may be, the Deputy Commissioner, may, by notification in the official Gazette, direct
that, in such area and for such period as may be specified in such notification, the fees may be
paid in cash in any Treasury or Sub-Treasury and shall, on production of a challan evidencing
payment of fees in the Government treasury, certify by endorsement on the document in respect
of which the fees is paid, that the fees have been paid, and state in the said endorsement the
amount of the fees so paid.
(b) An endorsement made on any document under clause (a) shall have the same effect as if
the fees of an amount equal to the amount stated in the endorsement had been paid in respect of,
and such payment has been indicated on, such documents by means of stamps under section 25.
[Vide Meghalaya Act 2 of 1972, s. 2]
Tripura
Amendment of Section 25.— In Section 25 of the principal Act, the expression “stamps”, shall be substituted
with the expression “stamps or electronic transfer of payment to State Government in such manner as may be
prescribed.”
[Vide Tripura Act 17 of 2020, s. 6]
26. Stamps to be impressed or adhesive.—The stamps used to denote any fees chargeable under
this Act shall be impressed or adhesive, or pertly impressed and partly adhesive, as the 1[appropriate
Government] may, by notification in the Official Gazette, from time to time direct2.
STATE AMENDMENT
Jammu and Kashmir (UT).—
Section 26 shall be numbered as sub-section (1) thereof, and after sub-section (1) so renumbered,
insert the following sub-section, namely:—
(2) For the purposes of sub-section (1), and section 25, “stamp” means any mark, seal or endorsement
by any agency or person duly authorised by the Appropriate Government, and includes an adhesive or
impressed stamp, for the purposes of court fee chargeable under this Act.
Explanation:—“impressed stamp” includes impression by a franking machine or another machine, or a
unique number generated by e-stamping or similar software, as the Appropriate Government may, by
notification in the official Gazette, specify”.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No.
S.O. 1123(E) dated (18-3-2020).]
1. Subs. by the A.O. 1937, for “L. G.”.
2. For rules as to levy of court-fees by adhesive and impressed stamps, see Gazette of India, 1883, Pt. I, p. 189.
23
Union Territory of Ladakh
Section 26.—Numbered as sub-section (1) thereof, and after sub-section (1) as so numbered,
insert-
'(2) For the purposes of sub-section (1), and section 25, "stamp" means any mark, seal or
endorsement by any agency or person duly authorised by the Appropriate Government, and includes
an adhesive or impressed stamp, for the purposes of court fee chargeable under this Act.
Explanation 7.—The expression "impressed stamp" includes impression by a franking machine
or another machine, or a unique number generated by e-stamping or similar software, as the
Appropriate Government may, by notification in the Official Gazette, specify.’.
Explanation 2.—The expression "e-stamping" means stamping using unique number or code
through an electronic machine or a software application’.
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification
No. S.O. 3774(E), dated (23-10-2020).]
Haryana
Amendment of section 26 of Central Act 7 of 1870.—In section 26 of the Court Fees act, 1870, the
following explanation shall be added, namely:--
“Explanation.—For the purposes of this section,-
(i) “stamp” means any mark, seal or endorsement by any agency or person duly authorized by
the State Government and includes and adhesive or impressed stamp chargeable for the purposes
of court fee under this Act; and
(ii) “impressed stamp” means an impression by a franking or any other machine, or
e-stamping.”.
[Vide Haryana Act 29 of 2016, s. 2]
27. Rules for supply, number, renewal and keeping accounts of stamps.—The 1[appropriate
Government] may, from time to time, make rules for regulating—
(a) the supply of stamps to be used under this Act;
(b) the number of stamps to be used for denoting any fee chargeabl e under this Act;
(c) the renewal of damaged or spoiled stamps; and
(d) the keeping accounts of all stamps used under this Act:
Provided that, in the case of stamps used under section 3 in a High Court, such rules shall be made
with the concurrence of the Chief Justice of such Court.
All such rules shall be published in the Official Gazette, and shall thereupon have the force
of law.
Tripura
Amendment of Section 27.— Clause (a) of Section 27 of the principal Act, shall be substituted with the
following-
“(a) the manner of supply of stamps or electronic transfer of payment of court-fee and refund
thereof;”
[Vide Tripura Act 17 of 2020, s. 7]
28. Stamping documents inadvertently received.—No document which ought to bear a stamp
under this Act shall be of any validity, unless and until it is properly stamped.
But, if any such document is through mistake or inadvertence received, filed or used in any Court or
office without being properly stamped, the presiding Judge or the head of the office, as the case may be,
1. Subs. by the A.O. 1937 for “L.G.”.
24
or, in the case of a High Court, any Judge of such Court, may, if he thinks fit, order that such document be
stamped as he may direct; and, on such document being stamped accordingly, the same and every
proceeding relative thereto shall be as valid as if it had been properly stamped in the first instance.
STATE AMENDMENT
Orissa
Insertion a new section 28-A, Act (7 of 1870).—After section 28 of the Court Fees Act, 1870 the
following new section shall be inserted, namely:—
“28-A. Recovery Deficient or unpaid court fees.---(1) If, on examination of the records of a Civil,
Criminal or Revenue case which has been disposed of, a public officer finds that the fee payable
under the Act or the rules made thereunder on any document filed, exhibited or recorded therein has
not been paid or has been insufficiently paid, he shall report the fact to the presiding officer of the
Court or to the revenue officer concerned.
(2) Such presiding officer or revenue officer, after satisfying himself of the correctness of such
report, shall record a provisional finding that the proper fee has not been paid and determine the
amount of fee payable and the person from whom the fee or the difference thereof, if any, shall be
recoverable.
(3) After recording a finding under sub-section (2), the presiding officer or revenue officer shall
issue a notice to the person referred to in that sub-section to show cause why he should not be ordered
to pay the fee determined thereunder, and , if sufficient cause is not shown, the presiding officer or
revenue officer shall confirm the finding and make an order requiring such person to pay the proper
fee before a date to be specified in that notice.
(4) If such person fails to pay the fee in accordance with the notice issued under sub-section (3),
it shall on the certificate of such presiding officer or revenue officer, be recoverable as an arrear of
land revenue.”
[Vide Orissa Act 13 of 1957, s. 2]
29. Amended document.—Where any such 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 stamp.
30. Cancellation of stamp.—No document requiring a stamp under this Act shall be filed or acted
upon in any proceeding in any Court or office until the stamp has been cancelled.
Such officer as the Court or the head of the office may from time to time appoint shall, on
receiving any such document, forthwith effect such cancellation by punching out the figure -head
so as to leave the amount designated on the stamp untouched, and the part removed by punching
shall be burnt or otherwise destroyed.
Tripura
Amendment of Section 30.—In Section 30 of the principal Act, after the existing text, the following
proviso shall be added-
“Provided that, where court-fee is paid by electronic transfer of payment, the officer competent to
cancel stamp shall verify the genuineness of the payment and after satisfying himself that the court-
fee is paid, shall lock the entry in the computer and make an endorsement under his signature on the
document that the court-fee is paid and the entry is locked”.
[Vide Tripura Act 17 of 2020, s. 8]
Bihar
Insertion of new Chapter V-A in Act VII of 1870.---After Chapter V of the Court-fees Act, 1870 (Act VII of
1870) (hereinafter referred to the said Act) the following Chapter and Section shall be inserted, namely:-
"Chapter V-A.-Levy of Additional Surcharge.
30-A. The fees leviable under the Act, shall be increased in each case by an additional surcharge
at the rate of ten per centum of the amount of the Court Fees."
25
[Vide Bihar Act 20 of 1977, s. 2]
CHAPTER VI
MISCELLANEOUS
31. [Repayment of fees paid on applications to Criminal Courts.] Rep. by the Code of Criminal
Procedure (Amendment) Act, 1923 (18 of 1923), s. 163.
32. [Amendment of Act 8 of 1859 and Act 9 of 1869.] Rep. by the Repealing and Amending Act, 1891
(12 of 1891).
33. Admission in criminal cases of documents for which proper fee has not been paid.—
Whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee
has not been paid is, in the opinion of the presiding Judge, necessary to prevent a failure of justice,
nothing contained in section 4 or section 6 shall be deemed to prohibit such filing or exhibition.
1[34. Sale of stamps.—(1) The 2[appropriate Government] may from time to time make rules for
regulating the sale of stamps to be used under this Act, the persons by whom alone such sale is to be
conducted, and the duties and remuneration of such persons.
(2) All such rules shall be published in the Official Gazette, and shall thereupon have the
force of law.
(3) Any person appointed to sell stamps who disobeys any rule made under this section, and
any person not so appointed who sells or offers for sale any stamp, 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.]
35. Power to reduce or remit fees.—The 2[appropriate Government] may, from time to time
by notification in the Official Gazette, reduce or remit, in the whole or in any part of 3[the
territories under its administration], all or any of the fees mentioned in the first and second
schedules to this Act annexed, and may in like manner cancel or vary such order.
STATE AMENDMENT
Orissa
Amendment of section 35 of Act (7 of 1870).—For section 35 of the principal Act, the following
section shall be substituted:—
“35. Power to suspend, reduce or remit fees.—(1) The Provincial Government may from time
to time subject to such conditions or restrictions as it may think fit to impose, by notification in the
Gazette suspend the payment of or reduce or remit, in the whole of Orissa or in any part thereof, all or
any of the fees mentioned in Schedules I and II to this Act annexed and may in like manner cancel or
vary such order.
(3) The Provincial Government may from time to time by rules prescribe the manner in which
any fee the payment of which is suspended under sub-section (1) may be realized and for this purpose
direct that such fee may be recovered as if it were an arrear of land revenue.”
[Vide Orissa Act 5 of 1939, s. 15]
Haryana
Substitution of section 35 of Central Act 7 of 1870 .— For section 35 of the Court Fees Act,
1870 (hereinafter referred to as the principal Act), the following section shall be substituted, namely:—
"35. Power to remit or reduce fees.—The State Government may, subject to such conditions or
restrictions as it may think fit to impose, by notification in the Official Gazette, reduce or remit in
relation to all or any class of persons, in the whole or any part of the territories under its
administration, all or any of the fees mentioned in the first and second schedules annexed to this Act
and may in like manner cancel or vary such order.”
1. Subs. by Act 12 of 1891, for section 34.
2. Subs. by the A.O.1937, for “L. G.”.
3. Subs. by Act 38 of 1920, s. 2 and the First Schedule, for “British India”.
26
[Vide Haryana Act 27 of 1976, s. 2]
Bihar
Substitution of new Section for Section 35 of Act VII of 1870. - For Section 35 of the said Act, the
following Section shall be substituted, namely:-
"35. Power to remit or reduce Court-fees.---The State Government may, subject to such condition
or restriction as it may think fit to impose, by order published in the Official Gazette, reduce or
remit in relation to all or any class of persons, in the whole or any part of the State, all or any of
the fees mentioned in the First and Second Schedules to this Act and may in like manner cancel or
vary such order."
[Vide Bihar Act 20 of 1977, s. 3]
36. Saving of fees to certain officers of High Courts.—Nothing in Chapters II and V of this Act
applies to the commission payable to the Accountant General of the High Court at Fort William, or to the
fees which any officer of a High Court is allowed to receive in addition to a fixed salary.
STATE AMENDMENT
Haryana
Insertion of section 37 in Act 7 of 1870.— After section 36 of the principal Act, the following
section shall be inserted, namely :—
“37. Fees in High Court.—Nothing contained in Schedules I and II to this act shall apply
to the High Court of Punjab and Haryana and the provisions in that behalf applicable
immediately before the 1st day of November, 1966, shall continue to apply to the said High
Court.”.
[Vide Haryana Act 22 of 1974, s. 3]
27
SCHEDULE I
AD VALOREM FEES
Number ______ Proper Fee
1. 1 Plaint 2 [written statement
pleading a set-off or counter-
claim] or memorandum of appeal
(not otherwise provided for in
this Act) 2[or of cross-objection]
presented to any Civil or
Revenue Court except those
mentioned in section 3.
When the amount or value of the subject-matter in
dispute does not exceed five rupees.
Six annas.
When such amount or value exceeds five rupees, for
every five rupees, or part thereof, in excess of five
rupees, up to one hundred rupees.
Six annas.
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 thousand rupees.
Twelve annas.
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 five thousand
rupees.
Five rupees.
When such amount or value exceeds five thousand
rupees, for every two hundred and fifty rupees, or part
thereof, in excess of five thousand rupees, up to ten
thousand rupees.
Ten rupees.
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.
Fifteen rupees.
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 thirty thousand
rupees.
Twenty rupees.
When such amount or value exceeds thirty thousand
rupees, for every two thousand rupees, or part thereof, in
excess of thirty thousand rupees, up to fifty thousand
rupees.
Twenty rupees.
When such amount or value exceeds fifty thousand
rupees, for every five thousand rupees, or part thereof, in
excess of fifty thousand rupees:
Twenty-five
rupees.
Provided that the maximum fee leviable on a plaint or
memorandum of appeal shall be three thousand rupees.
2. Plaint 3 *** in a suit for
possession under 4 [the Specific
Relief Act, 1877, section 9].
3. [Repealed by the Indian
Registration Act, 1871 (8 of
1871)].
..
A fee of one-half
the amount
prescribed in the
foregoing scale.
..
4. Application for review of
judgment,5if presented on or after
the ninetieth day from the date of
the decree.
..
The fee leviable
on the plaint or
memorandum of
appeal.
5. Application for review of
judgments, 5if presented before the
ninetieth day from the date of the
decree.
..
One-half of the
fee leviable on
the plaint or
memorandum of
appeal.
1. To ascertain the proper fee leviable on the institution of a suit, see the table annexed to this Schedule.
2. Ins. by Act 5 of 1908, s. 155 and the Fourth Schedule.
3. The words “or memorandum of appeal” rep. by Act 20 of 1870.
4. Subs. by Act 12 of 1891, s. 3 and the First Schedule for “Act No. 14 of 1859 (to provide for the limitation of
suits)”.
5. As to application for review of judgment, see the Code of Civil Procedure, 1908 (Act 5 of 1908).
28
Number Proper Fee
6. Copy or translation of a
judgment or order not being, or
having the force of, a decree.
When such judgment or order is passed by any Civil Court
other than a High Court, or by the presiding officer of any
Revenue Court or office, or by any other Judicial or Executive
Authority—
(a) If the amount or value of the subject-matter is fifty or less
than fifty rupees.
Four annas.
(b) If such amount or value exceeds fifty rupees. Eight annas.
When such judgment or order is passed by a High Court. One rupee.
7. Copy of a decree or order having
the force of a decree.
When such decree or order is made by any Civil Court other
than a High Court, or by any Revenue Court—
(a) If the amount or value of the subject-matter of the suit
wherein such decree or order is made is fifty or less than fifty
rupees.
Eight annas.
(b) If such amount or value exceeds fifty rupees. One rupee.
When such decree or order is made by a High Court. Four rupees.
8. Copy of any document liable to
stamp-duty under the Indian Stamp
Act, 18791, (1 of 1879), 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 eight annas.
The amount of the
duty chargeable on
the original.
(b) In any other case. Eight annas.
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.
For every three hundred and sixty words or fraction of three
hundred and sixty words.
Eight annas.
10. [Rep. by the Guardians and Wards
Act, 1890 (8 of 1890).]
..
..
2[11. Probate of a will or letters of
administration with or without will
annexed.
3[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.
Two per centum on
such amount or
value.
When such amount or value exceeds ten thousand rupees, but
does not exceed fifty thousand rupees.
Two and one-half
per centum on such
amount or value.
When such amount or value exceeds fifty thousand rupees:
Three per centum
on such amount or
value.]
Provided that when, after the grant of a certificate under the
Succession Certificate Act, 1889 (7 of 1889), or under the
Regulation of the Bombay Code, No. 8 of 1827, 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 letter grant shall be
reduced by the amount of the fee paid in respect of the
former grant.
1. See now the Indian Stamp Act, 1899 (2 of 1899).
2. Subs. by Act 7 of 1889, s. 13(1), for article 11.
3. These items were subs. by Act 7 of 1910, s. 2(i).
29
Number ______ Proper Fee
1[12. Certificate under the
Succession Certificate Act, 1889 (7
of 1889).
In any case.
Two per centum on the
amount or value of any
debt or security specified
in the certificate under
section 8 of the Act, and
three per centum on the
amount or value of any
debt or security to which
the certificate is extended
under section 10 of the
Act.
NOTE.—(1) The amount
of a debt is its amount,
inclu-ding interest, on the
day on which the inclusion
of the debt in the
certificate is applied for,
so far as such amount can
be asc-ertained.
(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.]
2 [12A. Certificate under the
Regulation of the Bombay Code
No. 8 of 1827.
3[(1) As regards debts and securities.
The same fee as would
be payable in respect of
a certificate under the
Succession Certificate
Act, 1889 (7 of 1889),
or in respect of an ext-
ension of such a cert-
ificate, as the case may
be.
(2) As regards other property in respect of which
the certificate is granted—
When the amount or value of such property exceeds
one thousand rupees, but does not exceed ten
thousand rupees.
Two per centum on
such amount or
value.
When such amount or value exceeds ten thousand
rupees, but does not exceed fifty thousand rupees.
Two and one-half per
centum on such
amount or value.
When such amount or value exceeds fifty thousand
rupees.
Three per centum on
such amount or
value.]]
1. Subs. by Act 7 of 1889, s. 13(1), for the article 12.
2. Subs. by s. 13(1), ibid., for article 12A.
3 These items were subs. by Act 7 of 1910, s. 2(ii).
30
Number ______ Proper Fee
1 13. Application to the 2 [High
Court of Punjab] for the exercise
of its jurisdiction under
section 44 of the Punjab Courts
Act, 1918 (Punjab 6 of 1918) or
to the Court of the Financial
Commissioner of Punjab for the
exercise of its revisional
jurisdiction under section 84 of
the Punjab Tenancy Act, 1887
(16 of 1887).
When the amount or value of the subject-matter in
dispute does not exceed twenty-five rupees.
Two rupees.
When such amount or value exceeds twenty-five
rupees. The fee leviable on
a memorandum of
appeal.
14. [Rep. by the A.O. 1937.]
15. [Rep. by the Repealing and
Amending Act, 1923 (11 of
1923), s. 3 and Sch. II.]
1. Ins. by the Punjab Courts Act, 1884 (8 of 1884), s. 71, as amended by the Punjab Courts Act 1899 (25 of 1899), s. 6. Article 13
was rep. in the Punjab by s. 5 of the Punjab Courts (Amendment) Act, 1912 (Punjab 1 of 1912); but it has since been revived
in this form by the Court-fees (Punjab Amendment) Act, 1922 (Punjab 7 of 1922).
2. Subs. by the A.O. 1948, for “High Court of Judicature at Lahore”.
31
STATE AMENDMENT
Assam.
Amendment of Schedule 1 of Act 7 of 1870.—In Schedule I to the principal Act,— (1) for Article 1,
the following shall be substituted, namely:—
Number Proper fee
(1) (2) (3)
“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.
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;
fifty-five paise.
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;
One rupee and ninety-
five paise.
and
When such amount or values exceeds one
hundred and fifty rupees, for every ten
rupees, or part thereof, up to one thousand
rupees;
One rupee and forty
paise.
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;
Eight rupees and
twenty-five paise.
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 thousand rupees;
Sixteen rupees and
fifty paise.
and
32
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;
Twenty-four rupees
and seventy-five
paise.
and
When such amount or value exceeds twenty
thousand rupees, for every one thousand
rupees, or part thereof in excess of twenty
thousand rupees upto fifty thousand rupees;
Thirty-three rupees.
and
When such amount or value exceeds fifty
thousand rupees, for every five thousand
rupees, or part thereof in exceess of fifty
thousand rupees:
Forty-one rupees and
twenty-five paise.
Provided that the maximum fee leviable on
a plaint or memorandum of appeal shall not
exceed eleven thousand rupees.”
(2) for Articles 6, 7, 8 and 9 the following shall be substituted, namely: —
“6. Copy or translation of a
judgment or order not being or
having the force of a decree.
When such judgment or order is passed by
any Civil Court other than High Court, or by
the Presiding Officer of any Revenue Court
or officer
or by any other Judicial or Executive
Authority:
(a) if the amount or value of the subject-
matter is fifty or less than fifty rupees.
One rupee and ten
paise.
(b) if such amount or value exceeds fifty
rupees.
Two rupees and
twenty paise.
(c) when such judgment or order is passed
by a High Court.
Four rupees and forty
paise.
7. Copy of a decree or order
having the force of a decree
When such decree or order is made by any
Civil Court other than a High, Court, or by
any Revenue Court—
(a) If the amount or value of the subject
matter of the suit wherein such decree or
order is made is fifty or less than fifty
rupees.
Two rupees and
twenty paise.
(b) If such amount or value exceeds fifty
rupees.
Three rupees and
thirty paise.
(c) when such decree or order is made by
High Court.
Eight rupees and
twenty-five paise.
33
8. Copy of any document liable
to stamp-duty under the Indian
Stamp Act, 1899 (Act 2 of 1899),
when left by any party to a suit or
proceeding in place of the
original withdrawn.
(a) when the stamp-duty chargeable on
the original does not exceed one rupee.
The amount of the
duty chargeable on the
original.
(b) In any other case.
One rupee and twenty
paise.”
9. Copy of any revenue or
judicial proceeding or order not
otherwise provided for by this
Act, or copy of any account,
statement, report or the like,
taken out of any Civil or
Criminal or Revenue Court or
office or from the office of any
Chief Officer charged with the
executive administration of
Division.
For every three hundred and sixty words
or fraction of three hundred and sixty
words.
One rupee and twenty
paise.
[Vide Assam Act 28 of 1972, s. 2,]
34
35
36
37
38
39
40
STATE AMENDMENT
Assam
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. P.
" " 5 .55
5 10 1.10
10 15 1.65
15 20 2.20
20 25 2.75
25 30 3.30
30 35 3.85
35 40 4.40
40 45 4.95
45 50 5.50
50 55 6.05
55 60 6.60
60 65 7.15
65 70 7.70
70 75 8.25
75 80 8.80
80 85 9.35
85 90 9.90
90 95 10.45
95 100 11.00
100 110 12.95
110 120 14.85
120 130 16.80
130 140 18.70
140 150 20.55
150 160 21.95
41
When the amount or value of the
subject matter exceeds
But does not exceed Proper fee
(1) (2) (3)
Rs. Rs. Rs. P.
160 170 23.30
170 180 24.60
180 190 25.90
190 200 27.25
200 210 28.55
210 220 29.90
220 230 31.20
230 240 32.50
240 250 33.85
250 260 35.15
260 270 36.50
270 280 37.80
280 290 39.15
290 300 40.45
300 310 41.75
310 320 43.10
320 330 44.40
330 340 45.75
340 350 47.05
350 360 48.35
360 370 49.0
370 380 51.00
380 390 52.35
390 400 53.65
400 410 54.95
410 420 56.30
420 430 57.60
430 440 58.95
42
When the amount or value of the
subject matter exceeds
But does not exceed Proper fee
(1) (2) (3)
Rs. Rs. Rs. P.
440 450 60 25
450 460 61.55
460 470 62.90
470 480 64.20
480 490 65.55
490 500 66.85
500 510 68.15
510 520 69.50
520 530 70.80
530 540 72.15
540 550 73.45
550 560 74.75
560 570 76.10
570 580 77.40
580 590 78.75
590 600 80.05
600 610 81.35
610 620 82.70
620 630 84.00
630 640 85.35
640 650 86.65
650 660 87.95
660 670 89.30
670 680 90.60
680 690 91.95
690 700 93.25
700 710 94. 55
710 720 95.90
43
When the amount or value of the
subject matter exceeds
But does not exceed Proper fee
(1) (2) (3)
Rs. Rs. Rs. P.
720 730 97.20
730 740 98.55
740 750 99.85
750 760 101.15
760 770 102.50
770 780 103.80
780 790 105.15
790 800 106.45
800 810 107.75
810 820 109.10
820 830 110.40
830 840 111.75
840 850 113.05
850 860 114.35
860 870 115.70
870 880 117.00
880 890 118.35
890 900 119.65
900 910 120.95
910 920 122.30
920 930 123.60
930 940 124.95
940 950 126.25
44
Number Proper fee
(1) (2) (3)
5. Plaint or memorandum of appeal to a suit
to establish or disprove a right of occupancy.
6. Bail-bond or other instrument obligation
given in a pursuance of an order made by a Court
or Magistrate under any section of the Code of
Criminal Procedure, 1898 (Act V of 1898), or the
Code of Civil Procedure, 1908 and not otherwise
provided for by this Act.
7. Undertaking under section 49 of the Indian
Divorce Act, 1869.
One rupee
and ten paise.
8. ...
9. ...
10. Mukhtarnama or Vakalatnama.
When presented for the conduct of any one
case—
(a) to any Civil or Criminal Court other
than a High Court, or to any Revenue
Court, or to any Collector or Magistrate,
or other Executive Officer except such as
are mentioned in clauses (b) and (c) of
this Number;
One rupee
and ten paise.
(b) to a Commissioner of Revenue,
Circuit or Customs or to any officer
charged with the Executive
Administration of a Division, not being
the Chief Revenue or Executive
Authority;
Two rupees
and seventy-
five paise.
(c) to a High Court, Chief
Commissioner, Board of Revenue, or
other Chief Controlling Revenue or
Executive Authority, or an appellate
Authority prescribed under the Motor
Vehicles Act, 1939 (Act IV of 1939) or
to an Appellate Authority prescribed
under the Assam Sales Tax Act,
1947(Assam Act XVII of 1947).
Five rupees
and fifty
paise.
45
Number Proper fee
(1) (2) (3)
11. Memorandum of appeal when the appeal
is not from a decree or an order having the
force of a decree, and is presented.
(a) to any Civil Court other than a High
Court, or to any Revenue Court or
Executive Officer other than the High
Court or Chief Controlling Revenue or
Executive Authority except an authority
specified in clause (b);
Three rupees
and thirty
paise.
(b) to an Excise Appellate Authority
under Rule 340 of the Assam Excise
Rules;
Sixteen
rupees and
fifty paise.
(c) to a High Court or Chief
Commissioner or other Chief Controlling
Executive or Revenue Authority except an
Authority prescribed in clause (b);
Eleven
rupees.
(d) To an Excise Appellate Authority
under Rule 341 of the Assam Excise Rule
:
Fifty five
rupees.
(e) to a High Court in miscellaneous
revenue matters except (f) below or to an
Appellate Authority prescribed under the
Motor Vehicles Act, 1939 (Act IV of
1939); and
Sixteen
rupees and
fifty paise.
(f) to a High Court in appeal and revision
matters arising out of settlement of
fishery—
(i) When the bid money is below ten
thousand rupees:
Sixteen
rupees and
fifty paise.
(ii) When the bid money is above then
thousand rupees but below twenty
thousand rupees:
Twenty-
seven rupees
and fifty
paise.
(iii) When the bid money is above
twenty thousand rupees.
Thirty-tree
rupees.
12. Caveat... Eleven
rupees.
13. Application under Act No. 10 of 1859,
section 26 or Bengal Act No. 6 of 1962, section
9 or Bengal Act No. 8 of 1869 section 37.
Five rupees
and fifty
paise.
Number Proper fee
46
(1) (2) (3)
14. Petition in a suit under the Native Converts’
Marriage Dissolution Act, 1866.
Five rupees
and fifty
paise.
17. Plaint or memorandum of appeal in each of
the following suits:--
(i) to alter or set aside a summary decision
or order of any of the Civil Courts not
established by Letters Patent or of any
Revenue Court;
Sixteen
rupees and
fifty paise. (ii) to alter or cancel any entry in a register
of the names of proprietors of revenue-
paying estates;
(iii) to obtain a declaration decree where no
consequential relief is prayed;
Twenty-two
rupees.
(iv) to set aside an award; Sixteen
rupees and
fifty paise.
(v) to set aside an adoption; Twenty--two
rupees.
(vi) every other suit where it is not possible
to estimate at a money-value the subject-
matter in dispute, and which is not other-
wise provided for by this Act.
Sixteen
rupees and
fifty paise.
18. Application under section 14 or section 20, of
the Indian Arbitration Act, 1940 (Act X of 1940),
for a direction for filing an award or for an order
for filing an agreement.
When presented to a Munsif’s Court. Sixteen
rupees and
fifty paise.
When presented to any other Court. Fifty-five
rupees.
19. Agreement in writing stating a question for
the opinion of the Court under the Code of Civil
Procedure, 1908 (Act V of 1908).
Sixteen
rupees and
fifty paise.
20. Every petition under the Indian Divorce Act,
1869 (Act IV of 1869), except petitions under
section 44 of the same Act, and every
memorandum of appeal under section 55 of the
same Act.
Twenty-two
rupees.
21. Plaint or memorandum of appeal under the
Parsi Marriage and Divorce Act, 1865 (Act XV
of 1865).
Twenty-two
rupees.]
[Vide Assam Act 27 of 1972 s. 3]
47
STATE AMENDMENT
Orissa
Amendment of Schedule I Act (7 of 1870).-In Schedule I to the principal Act for articles 11 and 12,
the following articles shall be substituted, namely:--
Number Proper fee
(1) (2) (3)
“11. Probate of a will or letters of
administration with or without
will annexed.
When the amount or value of the
property in respect of which the
grant of probate or letters is made
exceeds two thousand rupees, on
such amount or value up to ten
thousand rupees.
and
When such amount or value
exceeds ten thousand rupees, on
the portion of such amount or
value which is in excess of ten
thousand rupees up to fifty
thousand rupees.
and
When such amount or value
exceeds fifty thousand rupees,
on the portion of such amount or
value which is in excess of fifty
thousand rupees up to one lakh of
rupees,
and
When such amount or value
exceeds a lakh of rupees, on the
portion of such amount or value
which is in excess of one lakh of
rupees:
Provided that when, after the
grant of a certificate under the
Indian Succession Act, 1925 (39
of 1925) or under the Regulation
of the Bombay Code No.8 of 1827,
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.
Two per centum
Three per centum
Four per centum
Five per centum
48
12. Certificate under the Indian
Succession Act, 1925.
When the amount or value of any
debt or security specified in the
certificate under section 374 of
the Act, exceeds one thousand
rupees, on such amount or value
up to ten thousand rupees,
and
When such amount or value
exceeds ten thousand rupees, on
the portion of such amount or
value which is in excess of ten
thousand rupees up to fifty
thousand rupees,
and
When such amount or value
exceeds fifty thousand rupees, on
the portion of such amount or
value which is in excess of fifty
thousand rupees up to one lakh
of rupees, and
When such amount or value
exceeds a lakh of rupees, on the
portion of such amount or value
which is in excess of one lakh of
rupees.
Two per centum, and on the
amount or value of any debt or
security to which the certificate is
extended under section 376 of the
Act, three per centum.
Three per centum, and on the
amount or value of any debt or
security to which the certificate is
extended under section 376 of the
Act, four-and-a-half per centum.
Four per centum, and on the
mount or value of any debt or
security to which the certificate is
extended under section 376 of the
Act, six per centum.
Five per centum, and on the
amount or value of any debt or
security to which the certificate is
extended under section 376 of the
Act, seven-and-a-half per
centum.”
SCHEDULE
(See section 2)
Number and year Short title
(1) (2)
Bihar and Orissa Act 1 of 1952 Bihar and Orissa Court-Fees (Amendment Act,
1922).
Madras Act V of 1922 Central Province Act XVI
of 1935
Madras Court-Fees (Amendment) Act, 1922 Court-
Fees (Central Provinces Amendment) Act, 1935.
49
When the amount or value of the
subject-matter exceeds
But does not exceed Proper fee.
1 2 3
Rs.
1,400
1,500
1,600
1,700
1,800
1,900
2,000
2,100
2,200
2,300
2,400
2,500
2,600
2,700
2,800
2,900
3,000
3,100
3,200
Rs.
1,500
1,600
1,700
1,800
1,900
2,000
2,100
2,200
2,300
2,400
2,500
2,600
2,700
2,800
2,900
3,100
3,200
3,300
3,300
Rs. a. p.
141 4 0
148 12 0
156 4 0
163 12 0
171 4 0
178 12 0
186 4 0
193 12 0
201 4 0
208 12 0
216 4 0
223 12 0
231 4 0
238 12 0
246 4 0
263 12 0
261 4 0
268 12 0
276 4 0
50
When the amount or value of the
subject-matter exceeds
But does not exceed Proper fee.
1 2 3
Rs.
850
860
870
880
890
900
910
920
930
940
950
960
970
980
990
1,000
1,100
1,200
1,300
Rs.
860
870
880
890
900
910
920
930
940
950
960
970
980
990
1,000
1,100
1,200
1,300
1,400
Rs. a. p.
88 0 0
89 2 0
90 4 0
91 6 0
92 8 0
93 10 0
94 12 0
95 14 0
97 0 0
98 2 0
99 4 0
100 6 0
101 8 0
102 10 0
103 12 0
111 4 0
118 12 0
126 4 0
133 12 0
When the amount or value of the
subject-matter exceeds
But does not exceed Proper fee.
1 2 3
Rs.
24.000
Rs
25,000
Rs. a. p.
1,341 4 0
51
25,000
26,000
27,000
28,000
29,000
30,000
32,000
34,000
36,000
38,000
40,000
42,000
44,000
46,000
48,000
26,000
27,000
28,000
29,000
30,000
32,000
34,000
36,000
38,000
40,000
42,000
44,000
46,000
48,000
50,000
1,371 4 0
1,401 4 0
1,431 4 0
1,461 4 0
1,491 4 0
1,521 4 0
1,551 4 0
1,581 4 0
1,661 4 0
1,641 4 0
1,671 4 0
1,701 4 0
1,731 4 0
1,761 4 0
1, 791 4 0
When the amount or value of the
subject-matter exceeds
But does not exceed Proper fee.
1 2 3
Rs.
85
90
95
Rs.
90
95
100
Rs.
6 12 0
7 2 0
7 8 0
52
100
110
120
130
140
150
160
170
180
190
200
210
220
230
240
250
260
110
120
130
140
150
160
170
180
190
200
210
220
230
240
250
260
270
8 8 0
9 8 0
10 8 0
11 8 0
12 8 0
13 8 0
14 8 0
15 8 0
16 8 0
17 8 0
18 8 0
19 8 0
20 8 0
21 8 0
22 8 0
23 8 0
24 8 0
When the amount or value of the
subject-matter exceeds
But does not exceed Proper fee.
1 2 3
Rs.
7,100
7,200
7,300
7,500
Rs.
7,200
7,300
7,500
7,600
Rs. a. p.
508 12 0
576 4 0
533 12 0
53
7,600
7,700
7,800
7,900
8,000
8,250
8,500
8,750
9,000
9,250
9,500
9,750
10,000
10,500
11,000
11,500
12,000
7,700
7,800
7,900
8,000
8,250
8,500
8,750
9,000
9,250
9,500
9,750
10,000
10,500
11,000
11,500
12,000
12,500
591 4 0
606 4 0
621 4 0
636 4 0
651 4 0
666 4 0
681 4 0
696 4 0
711 4 0
726 4 0
741 4 0
763 12 0
786 4 0
808 12 0
831 4 0
853 12 0
When the amount or value of the
subject-matter exceeds
But does not exceed Proper fee.
1 2 3
Rs.
660
670
680
690
700
710
Rs.
670
680
690
700
710
720
Rs. a. p.
66 10 0
67 12 0
68 14 0
70 0 0
71 2 0
72 4 0
54
720
730
740
750
760
770
780
790
800
810
820
830
840
730
740
750
760
770
780
790
800
810
820
830
840
850
73 6 0
74 8 0
75 10 0
76 12 0
77 14 0
79 0 0
80 2 0
81 4 0
82 0 0
83 8 0
84 10 0
85 12 0
86 14 0
When the amount or value of the
subject-matter exceeds
But does not exceed Proper fee.
1 2 3
Rs.
90
95
100
110
120
130
140
150
Rs.
95
100
110
120
130
140
150
160
Rs. a. p.
7 2 0
7 8 0
8 4 0
9 0 0
9 12 0
10 8 0
11 4 0
12 0 0
55
160
170
180
190
200
210
220
230
240
250
260
270
280
170
180
190
200
210
220
230
240
250
260
270
280
290
12 12 0
13 8 0
14 4 0
15 0 0
15 12 0
16 8 0
17 4 0
18 0 0
18 12 0
19 8 0
20 4 0
21 0 0
21 12 0
When the amount or value of the
subject-matter exceeds
But does not exceed Proper fee.
1 2 3
Rs.
290
300
310
320
330
340
350
360
370
380
390
Rs.
300
310
320
330
340
350
360
370
380
390
400
Rs. a. p.
22 8 0
23 4 0
24 0 0
24 12 0
25 8 0
26 4 0
27 0 0
27 12 0
28 8 0
29 4 0
30 0 0
56
400
410
420
430
440
450
460
470
480
490
410
420
430
440
450
460
470
480
490
500
30 12 0
31 8 0
32 4 0
33 0 0
33 12 0
34 8 0
35 4 0
36 0 0
36 12 0
37 8 0
57
SCHEDULE B.
(See Section 21).
(a) Table of rales and valorem fees leviable on plaints , etc., mentioned in Article 1 of Schedule I.
When the amount of
value of the subject-
matter exceeds.
But does not exceed. Proper fee.
1 2 3
Rs.
…
5
10
15
20
25
30
35
40
45
50
55
60
65
70
75
80
Rs.
5
10
15
20
25
30
35
40
45
50
55
60
65
70
75
80
85
Rs. a. p.
0 6 0
0 12 0
1 2 0
1 8 0
1 14 0
2 4 0
2 10 0
3 0 0
3 6 0
3 12 0
4 2 0
4 8 0
4 14 0
5 4 0
5 10 0
6 0 0
6 6 0
58
SCHEDULE A.
(See Section 2.)
Province year and number. Title. Extent of Repeal.
1 2 3
Bihar and Orissa Act I of
1922.
Madras Act V of 1922.
Central Provinces Act XVI of
1935.
Bihar and Orissa Court Fees
(Amendment) Act, 1992.
Madras Court Fees
(Amendment) Act, 1922.
Court Fees (Central Provinces
Amendment) Act, 1935.
The whole Act, except
sections 6,9, 10 and 13.
The whole Act, except section
11 in respect of Articles 11
and 12 of Schedule I.
The whole Act, except section
4 (e).
When the amount or value of
the subject-matter exceeds
But does not exceed Proper fee.
1 2 3
Rs.
3,300
3,400
3,500
3,600
3,700
3,800
3,900
4,000
4,100
4,200
4,300
4,400
4,500
4,600
4,700
4,800
Rs.
3,400
3,500
3,600
3,700
3,800
3,900
4,000
4,100
4,200
4,300
4,400
4,500
4,600
4,700
4,800
4,900
Rs. a. p.
283 12 0
291 4 0
298 12 0
306 4 0
313 12 0
321 4 0
328 12 0
336 4 0
343 12 0
351 4 0
358 12 0
366 4 0
373 12 0
381 4 0
388 12 0
396 4 0
59
4,900
5,000
5,100
5,000
5,100
5,200
403 12 0
411 4 0
418 12 0
[Vide Orissa Act 11 of 1967, s. 4]
Amendment of Article 1 of Schedule 1 (7 of 1870).--For Article 1 of Schedule I of the Principal Act
the following Article shall be substituted:--
“Number. — Proper fee.
1.Plaint, written statement pleading a set-
off or counter-claim or memorandum of
appeal (not otherwise provided for in this
Act) presented to any Civil or Revenue
Court except those mentioned in section 3.
When the amount or value of the subject
matter in dispute does not exceed five
rupees.
When such amount or value exceeds five
rupees, for every five rupees, or part
thereof , in excess of five rupees, up to
one hundred rupees.
When such amount or value exceeds one
hundred rupees, for every ten rupees, or
part thereof, in excess of one hundred
rupees, up to five hundred rupees.
When such amount or value exceeds five
hundred rupees, for every ten rupees, or
part thereof, in excess of five hundred
rupees, up to one thousand rupees.
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.
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.
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.
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
thirty thousand rupees
When such amount value exceeds thirty
thousand rupees, for every two thousand
rupees, or part thereof in excess of
Six annas.
Six annas.
One rupee.
One rupee
two annas.
Seven rupees
eight annas.
Fifteen rupees.
Twenty two rupees
eight annas.
Thirty rupees.
Thirty rupees.
60
thirty thousand rupees, up to 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.
Thirty-seven rupees
eight annas.”
[Vide Orissa Act 5 of 1939, s. 16]
Insertion of new Articles 3 and 3A in Schedule 1 of Act VII of 1870.-- In Schedule I of the principal
Act after Article 2, the following Articles shall be inserted:—
“3. Plaint, or written statement pleading
a set-off or counterclaim in any suit of
the nature cognizable by a court of small
causes when the amount or value of the
subject matter does not exceed Rs.500.
When the amount or value of the subject
matter in dispute does not exceed five rupees.
When such amount or value exceeds five
rupees, for every five rupees, or part
thereof, in excess of five rupees, up to
one hundred rupees.
When such amount or value exceeds one
hundred rupees, for every ten rupees, or
part thereof, in excess of one hundred
rupees up to five hundred rupees.
When such value exceeds three thousand
rupees but does not exceed four
thousand rupees.
Six annas.
Six annas.
Twelve annas.
Fifty rupees
.
3A. plaint or memorandum of appeal in
each of the following suits:—
(i)to obtain a declaratory decree where
no consequential relief is prayed.
(ii) to set aside an award.
(iii) to obtain a declaration that an
alleged adoption is invalid or never in
fact took place or to obtain a declaration
that an adoption is valid.
When such value exceeds four thousand
rupees for every two thousand rupees, or
part thereof, in excess of four thousand
rupees, upto ten thousand rupees.
When such value exceeds ten thousand
rupees, for every ten thousand rupees, or
part thereof in excess of ten thousand
rupees, up to fifty thousand rupees.
When such value exceeds fifty thousand
rupees, for every fifty thousand rupees,
or part thereof, in excess of fifty
thousand rupees.
Fifty rupees.
Fifty rupees.
One hundred rupees.”
[Vide Orissa Act 5 of 1939, s. 17]
Amendment of Article 6 of Schedule I of Act VII of 1870.—In the third column of Article 6 of
Schedule I of the principal Act—
(a) for the words “four annas” the words “six annas” shall be substituted;
(b) for the words “eight annas” the words “twelve annas” shall be substituted;
(c) for the words “one rupee” the words “one rupee eight annas” shall be substituted.
[Vide Orissa Act 5 of 1939, s. 18]
Amendment of Article 7 of Schedule I of Act VII of 1870. —For Article 7 of Schedule I of the principal
Act the following Article shall be substituted:—
“copy of decree or order
having the fore of a decree.
When such decree or order is made by a
Munsif’s Court or a Court of Small
Causes, or a Revenue Court—
(a) If the amount or value of the
subject-matter of the suit wherein
such decree or order is made does
not exceed one hundred rupees;
Eight annas.
61
(b) If such amount or value exceeds
one hundred rupees but does not
exceed one thousand ;
(c) If such amount or value exceeds
one thousand rupees.
When such decree or order is made by the
Court of a District Judge or of a
Subordinate Judge.
When such decree or order is made by a
High Court.
One rupee.
One rupee
eight annas.
Three rupees, if the amount
or value of the subject
matter of the suit wherein
such decree or order is
made does not exceed one
thousand rupees; six
rupees, if such amount or
value exceeds one thousand
rupees.”
[Vide Orissa Act 5 of 1939, s. 19]
Amendment of Article 9 of Schedule I of Act VII of 1870.—In the third column of Article 9 of
Schedule I of the principal Act, for the words, “eight annas” the words “twelve annas” shall be
substituted.
[Vide Orissa Act 5 of 1939, s. 20]
Amendment of table of rates and insertion of new tables in Schedule I of Act VII of 1870.--For
the table of rates of advalorem fees annexed to Schedule I of the principal Act, the table set forth in
Schedule B to this Act shall be substituted.
[Vide Orissa Act 5 of 1939, s. 21]
Amendment of Schedule I .—In Schedule I to the Court Fees Act, 1870 (7 of 1870) as amended in
its application to the State of Orissa (hereinafter referred as the principal Act),—
(a) in article 1, for the words “Thirty-seven rupees fifty naye paise” occurring as the last entry
under the heading “ proper fee” the words “ One hundred rupees” shall be substituted;
(b) in the foot note to the Table of rates of advalorem fees appearing under heading “(a) Table of
rates of advalorem fees leviable on plaints, etc., mentioned in Article 1 of Schedule 1”, for the words
“thirty-seven rupees fifty naye paise”, the words “ one hundred rupees” shall be substituted.
[Vide Orissa Act 34 of 1992, s. 2]
Haryana
Amendment of Schedule I to the Central Act 7 of 1870 .— In schedule I to the Court Fees Act, 1870,
for "Table of rates of ad-valorem fees leviable on the institution of suits," the following Table shall be
substituted, namely : --
“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
Rupees Rupees Rupees
1 15,000 2.5%
62
And when the amount or value of the subject matter exceeds seventy-five lakh rupees, the proper fee
leviable shall be two lakh six thousand three hundred rupees plus twenty five rupees for each five hundred
rupees or part thereof in excess of seventy-five lakh rupees.".
[Vide Haryana Act 16 of 2009, s. 2]
Bihar
Amendment in Schedule-I and II of the Court-Fees Act, 1870. - Any fee payable under Schedule-I and
Schedule-II of the Court-Fees Act, 1870 calculated in paise shall be rounded off in rupee.
[Vide Bihar Act 13 of 2010, s. 2]
Substitution of Schedule I and II appended to Act VII, 1870. - In the Court Fees Act, 1870 (Act VII of
1870) for Schedule I and II the following shall be substituted, namely-
[Schedule-1]
Ad valorem Fees
No. Subject
Description
Rates
1 Plaint, written
statement, pleading of
an adjustment or
counter claim or
memorandum of
appeal or a cross
objection, or plaint or
When the amount
or value of the
subject matter in
dispute-
(i) up to Rs.
30,000/- (Rupees
thirty thousand)
15% of the amount or value
15,000 27,000 375+3.5% of the amount exceeding Rs. 15,000
27,000 39, 000 795+4.5% of the amount exceeding Rs. 27,000
39,000 51, 000 1335+5.5% of the amount exceeding Rs. 39,000
51, 000 63, 000 1995+6.5% of the amount exceeding Rs. 51,000
63, 000 75,000 2775+7.5% of the amount exceeding Rs. 63,000
75, 000 5,00,000 3675+6.5% of the amount exceeding Rs. 75,000
5,00,000 10,00,000 31300+5.5% of the amount exceeding Rs.
5,00,000
10,00,000 20,00,000 58800+4.5% of the amount exceeding Rs.
10,00,000
20,00,000 30,00,000 103800+3.5% of the amount exceeding Rs.
20,00,000
30,00,000 45,00,000 138000+2.5% of the amount exceeding Rs.
30,00,000
45,00,000 60,00,000 176300+1.5% of the amount exceeding Rs.
45,00,000
60,00,000 75,00,000 198800+0.5% of the amount exceeding Rs.
60,00,000
63
memorandum of
appeal to set aside an
award not otherwise
provided in this Act,
presented to any Civil
or Revenue Court
except those
mentioned in Section-
3.
(ii) exceed Rs.
30,000/- (Rupees
thirty thousand)
but does not
exceed Rs.
5,00,000/-
(Rupees five lac).
Rs. 4,500/- (Rupees four
thousand five hundred) +
10% of amount or value
exceeding Rs. 30,000/-
(Rupees thirty thousand).
(iii) exceeds Rs.
5,00,000/- (five
lac) but does not
exceed Rs.
20,00,000/-
(twenty lac).
Rs. 51,500 (fifty one
thousand five hundred) +
5% of amount or value
exceeding Rs. 5,00,000/-
(five lac).
(iv) exceeds Rs.
20,00,000/-
(Rupees twenty
lac), Rs. 1 (one)
crore.
Rs. 1,26,500 (Rupees one
lac twenty six thousand five
hundred) + 1% of the
amount or value exceeding
Rs. 20,00,000/- (Rupees
twenty lac).
(v) exceeds Rs. 1
(one) crore
Rs. 2,06,500/- (Rupees two
lac six thousand five
hundred) + ½% of the
amount or value exceeding
Rs. 1 (one) crore.
Maximum Rs. 3,00,000/-
(rupees three lac.)
2 Plaint in a suit for
possession under
Section 6 of Specific
Relief Act, 1963.
According to rates as
prescribed in item no.1.
3 Probate of a will or
letters of
administration with or
without will annexed.
10% of the amount or value
[minimum Rs. 500/-
(Rupees five hundred) &
maximum Rs. 3,00,000/-
(Rupees three lac)].
4 Certificate under the
Succession Certificate
Act, 1889.
As prescribed in item no. 3
on amount or value
indicated on certificate.
64
[Schedule-II]
Fixed Fees
No. Subject
Description
Fee
1 (1) Application or petition
When presented to
an administrative or
revenue officer of
State Government or
Central Government
or local body or in a
civil or criminal or
small cause court
other than High
Court and which is
not otherwise
provided-
Rs. 20/- (Rupees twenty)
(2) When presented to the
High Court-
(i) Under Article
226, 227 or under
Article 226 and 227
of the Constitution-
(a) To file a general
application.
Rs. 500/- (Rupees five
hundred).
(b) To file a Public
Interest Litigation.
Rs. 1000/- (Rupees one
thousand).
(ii) On other
applications
Rs. 250/- (Rupees two
hundred fifty).
(3) Application for Civil
Revision under Section 115 of
Civil Procedure Code or
Criminal Revision under
Section 397 read with Section
399/401 of Criminal Procedure
Code.
Rs. 250/- (Rupees two
hundred fifty).
2 Application to call for records
from any other Court.
Rs. 50/- (Rupees fifty).
3 Application for leave to sue as
a pauper or for leave to appeal
as pauper.
Rs. 20/- (Rupees twenty).
4 Plaint or memorandum of
appeal to establish or prove a
right of occupancy.
Rs. 100/- (Rupees one
hundred).
5 Bail Bond or other instruments
of obligation given in
Rs. 20/- (Rupees twenty).
65
pursuance of any order made
by a Court or Magistrate under
any section of the Code of
Criminal Procedure, 1973 or
the Code of Civil Procedure,
1908 and not otherwise
provided by this Act.
6 Undertaking under Section 49
of the Indian Divorce Act,
1869 (4 of 1869).
Rs. 100/- (Rupees one
hundred).
7 Affidavit
(i) In all other courts
except the High
Court.
Rs. 20/- (Rupees twenty
Rupees).
(ii) In the High
Court.
Rs. 30/- (Rupees thirty).
8 Vakalatnama
(i) In all other courts
except the High
Court.
Rs. 30/- (Rupees thirty)
[Court fee Rs. 20/- +
Advocate Welfare stamps
Rs. 10/-].
(ii) In the High
Court.
Rs. 50/- (Rupees fifty)
[Court fee Rs. 30/-+
Advocate Welfare stamp
Rs. 20/-].
9 All kinds of copies of any
judgement, decree, order,
proceeding, the documents
filed in a proceeding etc.
Rs. 10/- (Rupees ten) per
page.
10 Caveat
Rs. 100/- (Rupees one
hundred)
11 Application for review of
judgement.
Rs. 500/- (Rupees five
hundred) only.
12 Memorandum of Appeal when
the appeal is not from a decree
or an order having the force of
a decree and is presented.
(a) To any Civil
Court other than a
High Court, or to
any Revenue Court,
or Executive Officer,
other than the High
Court or Chief
Controlling Revenue
or Executive
Authority.
Rs. 50/- (Rupees fifty).
(b) To High Court or
Chief Controlling
Rs. 100/- (Rupees one
66
Executive or
Revenue Authority.
hundred).
13 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 not
a Revenue Court)
Rs. 500/- (Rupees five
hundred).
(ii) To alter or cancel
any entry in a
register of the names
of proprietors of
revenue paying
estates.
Rs. 500/- (Rupees five
hundred).
(iii) To obtain a
declaratory decree
where no
consequential relief
is prayed.
Rs. 1000/- (Rupees one
thousand).
(iv) To set aside an
award.
Rs. 1000/- (Rupees one
thousand).
(v) To set aside an
adoption.
Rs. 1000/- (Rupees one
thousand).
(vi) For 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.
Rs. 1000/- (Rupees one
thousand).
14 Agreement in writing stating a
question for the opinion of the
Court under the Code of Civil
Procedure, 1908.
Rs. 200/- (Rupees two
hundred).
15 (1) Every petition under the
Indian Divorce Act, 1869 except
under Section 44 of the same Act
and every Memorandum of
Appeal under Section 55 of the
same Act.
Rs. 500/- (Rupees five
hundred).
67
(2) Plaint or Memorandum of
Appeal under the Parsi Marriage
and Divorce Act, 1865.
[Vide Bihar Act 7 of 1996, s. 2]
Bihar
Substitution of Schedules I and II appended to Act VII, 1870.—In the Court Fees Act, 1870 [Act VII
of 1870] as amended by Court Fees [(Bihar Amendment) Act, 1995] Schedules I and II shall
be substituted, by the following:-
Schedule-I
Ad Valorem Fees
No. Subject
Description
Rates
1 Plaint, written statement,
pleading of an adjustment or
counter claim or
memorandum of appeal or a
cross objection, or plaint or
memorandum of appeal to set
aside an award not otherwise
provided in this Act,
presented to any Civil or
Revenue Court except those
mentioned in Section-3.
When the amount or
value of the subject
matter in dispute-
(i) up to Rs. 30,000/-
(Rupees thirty thousand)
15% of the amount or
value
(ii) exceed Rs. 30,000/-
(Rupees thirty thousand)
but does not exceed Rs.
5,00,000/- (Rupees five
lac).
Rs. 4,500/- (Rupees
four thousand five
hundred) + 10% of
amount or value
exceeding Rs.
30,000/- (Rupees
thirty thousand).
(iii) exceeds Rs.
5,00,000/- (five lac) but
does not exceed Rs.
20,00,000/-(twenty lac).
Rs. 51,500 (fifty one
thousand five
hundred) + 5% of
amount or value
exceeding Rs.
5,00,000/- (five lac).
(iv) exceeds Rs.
20,00,000/- (Rupees
twenty lac), Rs. 1 (one)
crore.
Rs. 1,26,500 (Rupees
one lac twenty six
thousand five
hundred) + 1% of the
amount or value
exceeding Rs.
20,00,000/- (Rupees
twenty lac).
(v) exceeds Rs. 1 (one)
crore
Rs. 2,06,500/-
(Rupees two lac six
thousand five
hundred) + ½% of
the amount or value
exceeding Rs. 1 (one)
crore. Maximum Rs.
68
3,00,000/- (rupees
three lac.)
2 Plaint in a suit for possession
under Section 6 of Specific
Relief Act, 1963.
According to rates as
prescribed in item
no.1.
3 Probate of a will or letters of
administration with or without
will annexed.
10% of the amount or
value [minimum Rs.
500/- (Rupees five
hundred) &
maximum Rs.
3,00,000/- (Rupees
three lac)].
4 Certificate under the
Succession Certificate Act,
1889.
As prescribed in item
no. 3 on amount or
value indicated on
certificate.
Schedule-II
Fixed Fees
No. Subject
Description
Fee
1 (1) Application or petition
When presented to an
administrative or
revenue officer of State
Government or Central
Government or local
body or in a civil or
criminal or small cause
court other than High
Court and which is not
otherwise provided-
Rs. 20/- (Rupees
twenty)
(2) When presented to the
High Court-
(i) Under Article 226,
227 or under Article
226 and 227 of the
Constitution-
(a) To file a general
application.
Rs. 500/- (Rupees
five hundred).
(b) To file a Public
Interest Litigation.
Rs. 1000/- (Rupees
one thousand).
(ii) On other
applications
Rs. 250/- (Rupees
two hundred fifty).
(3) Application for Civil
Revision under Section
Rs. 250/- (Rupees
two hundred fifty).
69
115 of Civil Procedure
Code or Criminal
Revision under Section
397 read with Section
399/401 of Criminal
Procedure Code.
2 Application to call for
records from any other
Court.
Rs. 50/- (Rupees
fifty).
3 Application for leave to
sue as a pauper or for
leave to appeal as pauper.
Rs. 20/- (Rupees
twenty).
4 Plaint or memorandum of
appeal to establish or
prove a right of
occupancy.
Rs. 100/- (Rupees
one hundred).
5 Bail Bond or other
instruments of obligation
given in pursuance of any
order made by a Court or
Magistrate under any
section of the Code of
Criminal Procedure, 1973
or the Code of Civil
Procedure, 1908 and not
otherwise provided by this
Act.
Rs. 20/- (Rupees
twenty).
6 Undertaking under
Section 49 of the Indian
Divorce Act, 1869 (4 of
1869).
Rs. 100/- (Rupees
one hundred).
7 Affidavit
(i) In all other courts
except the High Court.
Rs. 20/- (Rupees
twenty Rupees).
(ii) In the High Court.
Rs. 30/- (Rupees
thirty).
8 Vakalatnama
(i) In all other courts
except the High Court.
Rs. 30/- (Rupees
thirty) [Court fee Rs.
20/- + Advocate
Welfare stamps Rs.
10/-].
(ii) In the High Court.
Rs. 50/- (Rupees
fifty) [Court fee Rs.
30/-+ Advocate
70
Welfare stamp Rs.
20/-].
9 All kinds of copies of any
judgement, decree, order,
proceeding, the
documents filed in a
proceeding etc.
Rs. 10/- (Rupees
ten) per page.
10 Caveat
Rs. 100/- (Rupees
one hundred)
11 Application for review of
judgement.
Rs. 500/- (Rupees
five hundred) only.
12 Memorandum of Appeal
when the appeal is not
from a decree or an order
having the force of a
decree and is presented.
(a) To any Civil Court
other than a High
Court, or to any
Revenue Court, or
Executive Officer,
other than the High
Court or Chief
Controlling Revenue or
Executive Authority.
Rs. 50/- (Rupees
fifty).
(b) To High Court or
Chief Controlling
Executive or Revenue
Authority.
Rs. 100/- (Rupees
one hundred).
13 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 not a
Revenue Court)
Rs. 500/- (Rupees
five hundred).
(ii) To alter or cancel
any entry in a register
of the names of
proprietors of revenue
paying estates.
Rs. 500/- (Rupees
five hundred).
(iii) To obtain a
declaratory decree
where no consequential
relief is prayed.
Rs. 1000/- (Rupees
one thousand).
(iv) To set aside an
award.
Rs. 1000/- (Rupees
one thousand).
(v) To set aside an
Rs. 1000/- (Rupees
71
adoption. one thousand).
(vi) For 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.
Rs. 1000/- (Rupees
one thousand).
14 Agreement in writing
stating a question for the
opinion of the Court
under the Code of Civil
Procedure, 1908.
Rs. 200/- (Rupees
two hundred).
15 (1) Every petition under
the Indian Divorce Act,
1869 except under Section
44 of the same Act and
every Memorandum of
Appeal under Section 55
of the same Act.
Rs. 500/- (Rupees
five hundred).
(2) Plaint or
Memorandum of Appeal
under the Parsi Marriage
and Divorce Act, 1865.
[Vide Bihar Act 4 of 2008, s. 2]
Bihar
Amendment of Articles 1 and 6 of Schedule I to Act VII of 1870. - For the 'proper fee' set forth in
Schedule I to the Court-fees Act, 1870 (VII of 1870), as amended from time to time in its application to
the State of Bihar (hereinafter referred to as the said Act), for Articles 1 and 6 and shown in the second
column of the Schedule A to this Act, the 'proper fees' shown against them in the third column of the said
Schedule A shall be substituted.
[Vide Bihar Act 7 of 1958, s. 2]
Amendment of the Table of Rates in Schedule I to Act VII of 1870. - For the 'proper fees' set forth in
the table of rates annexed to Schedule to the said Act and shown in the first column of Schedule B to this
Act, the 'proper fees' shown in the second column of the Schedule B shall be substituted.
[Vide Bihar Act 7 of 1958, s. 3]
Amendment in Schedule-I and II of the Court-Fees Act, 1870. - Any fee payable under Schedule-I and
Schedule-II of the Court-Fees Act, 1870 calculated in paise shall be rounded off in rupee.
[Vide Bihar Act 13 of 2010, s. 2]
72
Haryana
Amendment of Schedule I to 7 of 1870.—In Schedule I to the principal Act, --
(i) after serial number 5 and entries thereagainst, the following serial number and entries
thereagainst shall be inserted, namely:--
1 2 3 4
“5-A Copy of order of the
Rent Controller
-- Five rupees.";
(ii) against serial number 8, under columns 3 and 4, for the existing
entries, the following entries shall be substituted, namely :—
3 4
“for every Page Two rupees.".
Bihar
Amendment of item 2, 3 and 4 of Schedule I appended to Act VII, 1870 (as amended by Bihar
Amendment Act, 1996).—In the Court fees act, 1870 (as amended by Bihar Amendment Act, 1995) for
the items 2, 3 and 4 of Schedule I the following shall be substituted, namely:-
(1) Plaint in a suit for possession under
Specific Relief Act, 1963, Section 6.
A fee of half of the prescribed fee in the foregoing
Scale in item I.
(2) 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 as item 1.
(3) 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 as item 1.
[Vide Bihar Act 9 of 2001, s. 2]
73
74
75
76
77
STATE AMENDMENT
Orissa
Amendment of Article 1 of Schedule II of Act VII of 1870.—. In Article I of Schedule II of the
principal Act,—
(a) in the third column opposite clause (a), for the words “one annas” the words “two annas”
shall be substituted;
(b) in the third column opposite clause (b), for the words, “eight annas” the words “in the
case of a criminal complaint and appeal one rupee and in other cases twelve annas” shall
be substituted;
(c) in the third column opposite clause (c) for the words “one rupee” the words “one rupee
eight annas” shall be substituted;
(d) in the second and third columns, for clause (d) and the words opposite the said clause the
following shall be substituted:—
“(d) (i) When presented to a High Court under section 115 of the Code of Civil Procedure,
1908 (5 of 1908), for revision of an order,—
(a) When the value of the suit
or proceedings to which
the order relates does not
exceed one thousand
rupees.
(b) When the value of the suit
or proceeding exceeds one
thousand rupees.
(ii) when presented to a High Court
otherwise than under that section.
Five rupees.
Ten rupees.
Two rupees.”
[Vide Orissa Act 5 of 1939, s. 22]
Amendment of Article 1A of Schedule II of Act VII of 1870.--In the third column of Article 1A of
Schedule II of the principal Act, for the words “twelve annas” the words “one rupee” shall be substituted.
[Vide Orissa Act 5 of 1939, s. 23]
Amendment of Article 10 of Schedule II of Act VII of 1870.—In Article 10 of Schedule II of the
principal Act,—
In the third column—
(i) for the words “eight annas” the words “one rupee” shall be substituted;
(ii) for the words “one rupee” the words “two rupees “ shall be substituted;
(iii) for the words “two rupees” the words “three rupees” shall be substituted.
[Vide Orissa Act 5 of 1939, s. 24]
Amendment of Article 11 of Schedule II of Act VII of 1870.— In Article 11 of Schedule II of the
principal Act—
(a) for the entry in the first column, the following entry shall be substituted:—
“Memorandum of appeal when the appeal is from an order inclusive of an order determining
any question under section 47 or section 144 of the Code of Civil Procedure (5 of 1908) and is
presented”.
78
(c) in the third column—
(i) for the words “eight annas” the words “one rupee” shall be substituted;
(ii) for the words “two rupees” the words “four rupees” shall be substituted.
[Vide Orissa Act 5 of 1939, s. 25]
Amendment of Article 11 of Schedule II of Act VII of 1870.--In the third column in Article 2 of
Schedule II of the principal Act, for the words “five rupees” the words “ten rupees” shall be substituted.
[Vide Orissa Act 5 of 1939, s. 26]
Amendment of Article 14 of Schedule I of Act VII of 1870.-- In the third column in Article 14 of
Schedule II of the principal Act, for the words “five rupees” the words “ten rupees” shall be substituted.
[Vide Orissa Act 5 of 1939, s. 27]
Amendment of Article 17 and insertion of new Article 17A in Schedule II of Act VII of 1870.--
For Article 17 of Schedule II of the principal Act the following two Articles shall be substituted:—
“17. Plaint or memorandum of
appeal in a suit,—
(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;
(ii) to alter or cancel any entry in a
register of the names of the
proprietors of revenue –paying
estates;
(iii) for relief under section 14
Endowment Act, 1868 (XX of
1868), or under section 91 of the
Code of Civil Procedure, 1908.
17A.Plaint or memorandum of
appeal in every 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.
Fifteen rupees.
Fifteen rupees.
Fifteen rupees.
When the plaint is
prescribed to, or the
memorandum of
appeal is against the
decree of—
(a) a Revenue
court in the
district of
Ganjam or
Koraput;
(b) any other
Revenue
court, or any
court of a
District
Judge , sub-
ordinate
Judge or
Munsif.
Ten rupees.
Fifteen rupees if the
value for purposes of
jurisdiction does not
exceed four thousand
rupees, one hundred
rupees if such value
exceeds four
thousand rupees.”
[Vide Orissa Act 5 of 1939, s. 28]
79
Amendment of Article 18 of Schedule II of Act VII of 1870.--In Article 18 of Schedule II of the
principal Act—
(a) for the entry in the first column, the following entry shall be substituted:—
“Application under paragraph 17 or paragraph 20 of the Second Schedule to the Code of
Civil Procedure, 1908 (5 of 1908)”;
(c) in the third column for the words “ten rupees” shall be substituted.
[Vide Orissa Act 5 of 1939, s. 29]
Amendment of Article 19 of Schedule II of Act VII of 1870.— In the third column in Article 19 of
Schedule II of the principal Act, for the words “ten rupees” the words “fifteen rupees” shall be
substituted.
[Vide Orissa Act 5 of 1939, s. 30]
Amendment of Article 19 of Schedule II of Act VII of 1870.—In the third column in Article 20
Schedule II of the principal Act, for the words “twenty rupees” the words “thirty rupees” shall be
substituted.
[Vide Orissa Act 5 of 1939, s. 31]
Amendment of Article 21 of Schedule II of Act VII of 1870.--In the third column in Article 21
Schedule II of the principal Act, for the words “twenty rupees” the words “thirty rupees” shall be
substituted.
When the amount or value of the
subject-matter exceeds
But does not exceed Proper fee.
1 2 3
Rs.
5,200
5,300
5,400
5,500
5,600
5,700
5,800
5,900
6,000
6,100
6,200
6,300
6,400
6,500
Rs.
5,300
5,400
5,500
5,600
5,700
5,800
5,900
6,000
6,100
6,200
6,300
6,400
6,500
6,600
Rs. a. p.
426 4 0
433 12 0
441 4 0
418 12 0
456 4 0
463 12 0
471 4 0
478 12 0
486 4 0
493 12 0
501 4 0
508 12 0
516 4 0
523 12 0
80
6,600
6,700
6,800
6,900
7,000
6,700
6,800
6,900
7,000
7,100
513 4 0
638 12 0
646 4 0
658 12 0
661 4 0
[Vide Orissa Act 5 of 1939, s. 32]
Amendment of Schedule-II.—In Article 1 of Schedule-II to the Court-fees Act, 1870 (7 of 1870) in
its application to the State of Odisha, for clause (b) including the entries under the second and third
columns thereof, the following shall be substituted under appropriate column, namely:—
“(b) (i) When containing a complaint or charge
of any offence other than the complaint for the
offence under section 138 of the Negotiable
Instrument Act, 1881 (26 of 1881) and an
offence for which Police Officers may under the
Code of Criminal Procedure, 1973 (2 of 1974)
arrest without warrant, and presented to any
Criminal Court;
Or when presented to a Civil, Criminal or
Revenue Court or to a Collector, or any
Revenue Officer having jurisdiction equal or
sub-ordinate to a Collector;
Or to any Magistrate in his executive capacity
and not otherwise provided for by this Act;
Or to deposit in Revenue Court or rent; or for
determination by a Court of the amount of
compensation to be paid by a landlord to his
tenant.
(ii) Complaint for the offence under section 138
of the Negotiable Instrument Act, 1881 (26 of
1881)—
When the amount involved In the cheque or
instrument does not exceed ten thousand rupees.
When the amount involved in the cheque or
instrument exceeds ten thousand rupees but does
not exceed one lakh rupees.
When the amount involved in the cheque or
instrument exceeds one lakh rupees.
In the case of a criminal complaint and appeal, four
rupees and in other cases two rupees.
One hundred rupees
Five hundred rupees.
One thousand rupees.
[Vide Orissa Act 4 of 2013, s. 2]
81
Amendment of Schedule II.— In Schedule II to the principal Act, under the heading “proper fee” for
the entries as mentioned in column (2) of the following Table against the corresponding articles in
column (1) thereof, the entries as mentioned against them in column (3) of the said Table shall
respectively be substituted:—
Corresponding Article
(1)
Entries Occurring under the heading “proper
fee”
(2)
Entries to be substituted
(3)
1.(a)
(b)
(c)
(d) (i) (a)
(b)
(ii)
1-A
2.
3.(a)
(b)
4.
5.
6.
7.
10.(a)
(b)
(c)
11.(a)
(b)
12.
13.
14.
17.
17.A (a)
(b)
18.
19.
20.
21.
Forty-five paise
In case of criminal complaint and appeal,
two rupees and twenty-five paise and in
other cases one rupee and twenty-paise.
Two rupees and fifty paise
Five rupees and fifty paise
Eleven rupees
Two rupees and twenty paise
one rupee and sixty-five paise in addition to
any fee levied on the application under
clause (a), clause (b) or clause (d) of article -
1 of this Schedule.
Fifty-five paise
One rupee and ten paise
Two rupees and twenty paise
Fifty naye paise
Fifty naye paise
Fifty naye paise
Fifty naye paise
Two rupees and twenty-five paise
Three rupees and seventy-five paise
Four rupees
One rupee
Four rupees
Ten rupees
Five rupees and fifty paise
Eleven rupees
Fifteen rupees
Ten rupees
Fifteen rupees if the value for purposes of
jurisdicaiton does not exceed four thousand
rupees. One hundred rupees if such value
exceeds four thousand rupees.
Sixteen rupees and fifty paise
Fifteen rupees
Thirty-three rupees
Thirty rupees
One rupee
In case of criminal complaint and appeal,
four rupees and in other cases two rupees.
Five rupees
Eleven rupees
Twenty rupees
Four rupees
Three rupees in addition to any fee levied on
the application under clause (a), clause (b) or
clause (d) of article-1 of this Schedule.
One rupees
Two rupees
Four rupees
One rupee
One rupee
One rupee
One rupee
Four rupees
Seven rupees
Eight rupees
Two rupees
Eight rupees
Twenty rupees
Ten rupees
Twenty-one rupees
Thirty rupees
Twenty rupees
Thirty rupees if the value for purposes of
jurisdiction does not exceed four thousand
rupees. Two hundred rupees if such value
exceeds four thousand rupees.
Thirty-two rupees
Thirty rupees
Sixty-two rupees
Sixty rupees
[Vide Orissa Act 34 of 1992, s. 3]
82
Uttar Pradesh
Amendment of Schedule II of Act (7 of 1870).—In Schedule II to the Court-Fees Act, as
amendment in its application to Uttar Pradesh, in Article 1 (Application or Petition), in clause (f), —
(a) in sub-clause (i), for the words “Five rupees” the words “One hundred rupees” shall be
substituted; and
(b) in sub-clause (i), for the words “Ten rupees” the words “Two hundred rupees” shall be
substituted.
[Vide Uttar Pradesh Act 14 of 1989, s. 2]
Haryana
Substitution of Schedules I and II to Act 7 of 1870.—For Schedules I and II to the principal Act,
the following Schedules substitution shall be substituted, namely :—
SCHEDULE I
Ad valorem fees
Serial No. Nature of Document Amount of value Proper fee
1 2 3 4
Plaint, written statement,
pleading or set off or
counter claim or
memorandum of appeal
(not otherwise provided
for in this Act) or of cross
objections presented to
any civil or revenue court
except those mentioned in
section 3.
When the amount or value
of the subject matter in
dispute does not exceed
one hundred rupees, for
every ten rupees or part
thereof,
When such amount or
value exceeds one hundred
rupees, but does not exceed
five hundred rupees, for
every twenty rupees, or
part thereof in excess of
one hundred rupees, up to
five hundred rupees.
when such amount or value
exceeds three thousand
rupees, for every one
hundred rupees, or part
thereof, in excess of three
thousand rupees, up to ten
thousand when such
amount or value exceeds
three thousand rupees, for
every one hundred rupees,
or part thereof, in excess of
three thousand rupees, up
to ten thousand
When such amount or
value exceeds ten
thousand rupees, for
every five hundred
One rupee.
Three rupees.
Twenty rupees .
Seventy-five rupees.
83
rupees, or part thereof, in
excess of ten thousand
rupees, up to 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, up to 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
One hundred rupees.
Two hundred rupees.
2.
Plaint in a suit for
possession under the
Specific Relief Act, 1963,
section 6
----
A fee of one-half the amount
prescribed in the foregoing
scale.
3.
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.
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.
Copy of translation of
judgement or order not
being, or having the force
of, a decree
When such judgement 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 judicial or executive
authority When such
judgement or order is
passed by the High Court
Two rupees.
Five rupees.
6.
Copy of a decree or order
having the force of
a decree
When such decree or order
is made by any civil court
other than the High Court
or by any revenue court
When such decree or order
is made by the High Court
Five rupees.
Ten rupees.
84
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, provided such copy is not
subject to any duty under the Indian
Stamp Act, 1899
(a) When the stamp duty
chargeable , on the original
does not exceed seventy
five paise
(b) in any other case
The amount of the duty
chargeable on the original,
Two rupees.
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 civil or criminal
or revenue court or office, or from the
office of any chief officer charged
with the executive administration of a
Division
For every three hundred
and sixty words or One
rupee fraction of three
hundred and sixty words
One rupee.
9. probate of a will or letters of
administration with or without will
annexed
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
exceeds 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
three per centum on such
amount or value.
Five per centum on such
amount or value.
Six per centum on such
amount or value.
10.
Certificate under part X of the Indian
Succession Act, 1925.
In any case Three per centum on the
amount or value of any debt
or security specified in the
certificate under section 374
of that Act, and five per
centum on the amount or
value of any debt or security
to which the certificate is
extended under section 376
of that Act.
Notes .—(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.
85
(2) Whether or not any
power with respect to a
security specified in a
certificate has been conferred
under that 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 duty on which the
inclusion of the security in
the certified applied for, so
fur as such value can be
ascertained.
11. Application to the High Court for the
exercise of its jurisdiction under
section 44 of the Punjab Courts Act,
1918, or to the court of the Financial
Commissioner for the exercise of its
revisional jurisdiction under section
84 of the Punjab Tenancy Act, 1887.
Fifteen rupees.
Table of rates of ad-valorem fees leviable on the institution of suits
Value of the subject matter
exceeds
But does not exceed Proper fee
1 2 3
Rs Rs Rs
10 10 .
20 20 2
30 30 3
40 40 4
50 50 5
60 60 6
70 70 7
80 80 8
90 90 9
100 100 10
120 120 13
140 140 16
160 160 19
86
180 180 22
200 200 25
220 220 28
240 240 31
260 260 34
280 280 37
300 300 40
320 320 43
340 340 46
360 360 49
380 380 52
400 400 55
420 420 58
440 440 61
460 460 64
480 480 67
500 500 78
550 550 86
600 600 94
650 650 102
700 700 110
750 750 118
800 800 126
850 850 134
900 900 142
950 950 150
1,000 1,000 158
1050 1,050 166
1150 1,100 174
1200 1,200 182
1250 1,250 190
1300 1300 198
1350 1350 206
1400 1400 214
1450 1450 222
1500 1500 238
87
1550 1550 246
1600 1600 254
1650 1650 262
1700 1700 270
1750 1750 278
1800 1800 286
1850 1850 294
1900 1900 302
1950 1950 310
2000 2000 318
2050 2050 326
2100 2100 334
2150 2150 342
2200 2200 350
2250 2250 358
2300 2300 366
2350 2350 374
2400 2400 382
2450 2450 390
2500 2500 398
2550 2550 406
2600 2600 414
2650 2650 432
2700 2700 430
2750 2750 446
2800 2800 454
2850 2850 462
2900 2900 470
2950 2950 490
3000 3000 510
3100 3100 530
3200 3200 550
3300 3300 570
3400 3400 590
3500 3500 610
3600 3600 630
88
3700 3700 650
3800 3800 670
3900 3900 690
4000 4000 710
4100 4100 730
4200 4200 750
4300 4300 770
4400 4400 790
4500 4500 810
4600 4600 830
4700 4700 850
4800 4800 870
4900 4900 890
5000 5000 910
5100 5100 930
5200 5200 950
5300 5300 950
5400 5400 970
5500 5500 990
5600 5600 1010
5700 5700 1030
5800 5800 1050
5900 5900 1070
6000 6000 1090
6100 6100 1110
6200 6200 1130
6300 6300 1150
6400 6400 1170
6500 6500 1190
6600 6600 1210
6700 6700 1210
6800 6800 1250
6900 7000 1290
7000 7000 1310
7100 7100 1350
7200 7200 1370
89
7300 7300 1390
7400 7400 1410
7500 7500 1430
7600 7600 1450
7700 7700 1470
7800 7800 1490
7900 7900 1510
8000 8000 1530
8100 8100 1550
8200 8200 1570
8300 8300 1590
8400 8400 1610
8500 8500 1630
8600 8600 1650
8700 8700 1670
8800 8800 1690
8900 8900 1710
9000 9000 1730
9100 9100 1750
9200 9200 1770
9300 9300 1790
9400 9400 1810
9500 9500 1830
9600 9600 1850
9700 9700 1870
9800 9800 1945
9900 9900 2020
10000 10000 2095
10500 10500 2170
11000 11000 2245
11500 11500 2320
12000 12000 2395
12500 12500 2470
13000 13000 2545
13500 13500 2620
14000 14000 2695
90
14500 14500 2770
15000 15000 2845
15500 15500 2920
16000 16000 2995
16500 16500 3070
17000 17000 3145
17500 17500 3220
18000 18000 3295
18500 18500 3370
19000 19000 3470
19500 19500 3570
20000 20000 3670
21000 21000 3770
22000 22000 3870
23000 23000 3970
24000 24000 4070
25000 25000 4170
26000 26000 4270
27000 27000 4370
28000 28000 4470
29000 29000 4570
30000 30000 4670
31000 31000 4770
32000 32000 4870
33000 33000 4970
34000 34000 5070
35000 35000 5170
36000 36000 5270
37000 37000 5370
38000 38000 5470
39000 39000 5570
40000 40000 5670
41000 41000 5770
42000 42000 5870
43000 43000 5970
44000 44000 6070
91
43000 43000 6170
44000 44000 6270
45000 45000 6370
46000 46000 6570
47000 47000 6770
48000 48000 6970
49000 49000 7170
50000 50000 7370
55000 55000 7570
60000 60000 7770
65000 65000 7970
70000 70000 8170
75000 75000 8370
80000 80000 8570
85000 85000 8770
90000 90000 8970
95000 95000 9170
100000 100000 9370
105000 105000 9370
110000 110000 9570
115000 115000 9770
120000 120000 9970
125000 125000 10170
130000 130000 10370
135000 135000 10570
140000 140000 10770
145000 145000 10970
150000 150000 11370
155000 155000 11570
160000 160000 11770
165000 165000 11970
170000 170000 12170
175000 175000 12370
180000 180000 12570
185000 185000 12770
190000 190000 12970
92
195000 195000 13170
200000 200000 13370
205000 205000 13570
210000 210000 13770
215000 215000 13970
220000 220000 14170
225000 225000 14370
230000 230000 14570
235000 235000 14770
240000 240000 14970
245000 245000 15170
250000 250000 15370
255000 255000 15770
260000 260000 15970
265000 265000 16170
270000 270000 16370
275000 275000
280000 280000
285000 285000
290000 290000
295000 295000
300000 300000
And when the amount or value of the subject-matter exceeds three lacs rupees the proper fee leviable
shall he sixteen thousand, three hundred and seventy rupees Plus two hundred rupees for each five
thousand rupees or part thereof, in excess of three lacs rupees.
93
SCHEDULE II
FIXED FEES
Serial
No.
Nature of the document Amount of value Proper fee
1 2 3 4
Application or petition (a) When presented to any officer of the Customs
or Excise Department or to any Magistrate, by any
person having dealings with the Government and when
the subject matter of such application relates exclusively
to those dealings or when presented to any revenue
officer 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 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; or when presented to
any civil court other than a principal civil court of
original jurisdiction, or to any court of small causes
constituted under Act No. 11 of 1865 or under Act No.
16 of 1868; section 20, or to a Collector or other
revenue officer in relation to any suit or case in which
the amount or value of the subject-matter is less than
fifty rupees; or when presented to any civil, criminal or
revenue court, or to any Board or executive officer for
the purpose of obtaining a copy or translation of any
judgment, decree or order passed by such court, Board
or officer, or of any other document on record in such
court or office
(b) when 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;
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 court of the amount of compensation
to be paid by landlord to his tenant
(c) when presented to a Chief Commissioner or other
Chief Controller, Revenue or Executive Authority, or to
a Commissioner of Revenue or Circuit, or to any Chief
Officer charged with the executive administration of a
Division and not otherwise provided for by this Act
(d) when presented to the High Court —
(i) for winding up a company or under section
One Rupees
Two Rupees
Three rupees
Three
94
397 or 398 of the Companies Act,
(ii) under the same Act for taking some other
judicial action;
(iii) under article 226 of the Constitution of India
other than petitions for habeas corpus and petition
arising out of criminal proceedings ;
(iv) petition under article 227 of the Constitution
of India ;
(v) in all other cases
hundred and
fifty rupees.
Twenty-five
rupees.
One hundred
rupees
Fifteen
rupees
Five rupees
2.
Application to any civil
court that records
may be called for 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
Two rupees
3. Application for leave to
sue as a pauper
.. Two rupees
4. Application for leave to
appeal as a pauper
(a) When presented to a District Court
(b) When Presented to a Commissioner or the High
Court
Two rupees
Five rupees
5. 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
6.
Undertaking under
section 49 of the Divorce
Act, 1869
Two rupees
7.
Mukhtarnanca or
Wakalatnama
When presented for the conduct of any one case—
(a) to any civil or criminal court other than the High
Court, or to any revenue court, or to any Collector or
Magistrate, or other Executive Officer, except such as
are mentioned in clauses (b) and (c) of this number
(b) to a Revenue Commissioner or to any officer
charged with executive administration of a Division, not
being the Chief Revenue or Executive Authority
(c) to the High Court, Chief Commissioner, Board of
revenue, or other Chief controlling Revenue or
Executive Authority
Two rupees
Two rupees
Three rupees
8. Memorandum of appear
when the appeal is not
from a decree or an order
having the
(a) to any civil court other than the High Court, or to
any revenue court or Executive Officer other than the
High Court or Chief Controlling Revenue or Executive
Authority
Ten rupees
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force of a decree and is
presented
(b) to the High Court or Chief Commissioner Fifteen
rupees or other Chief Controlling Revenue or Executive
Authority
fifteen rupees
9. Caveat -- Ten rupees
10.
Petition in a suit under
the Converts Marriage
Dis solution Act, 1866,
the Divorce Act,
1869, or the Foreign
Marriage Act, 1969
-- Twenty-five
rupees
11.
(i) Every petition or
application or
memorandum of appeal
under the Special Marriage
Act, 1954, or the Hindu
Marriage Act, 1955, or the
Dissolution of Muslim
Marriages Act, 1939
(ii) Application under
section 24 of the Hindu
Marriage Act, 1955
-- Twenty-five
rupees
Five rupees
12.
Plaint or memorandum
of appeal in each of
the following suits:—
(i) to alter or set as ide a
summary decision or
order of any of the civil
courts not established by
Letters Patent or of any
revenue court;
(ii) to alter or cancel any
entry in a register of the
names of the proprietors
of revenue paying
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
--
--
---
--
--
--
--
Twenty-five
rupees
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13.
Application under
section 20 of the
Arbitration Act, 1940
-- Twenty-five
rupees
14.
Agreement in writing
stating a question for the
opinion of the court
under the Code of Civil
Procedure, 1908
-- Twenty-five
rupees
15.
Plaint or memorandum
of appeal in a suit by
a reversioner under the
Punjab Customary
Law for declaration in
respect of an alienation
of ancestral land
-- One hundred
rupees
16.
Application or
memorandum of appeal
for relief under the
Haryana Urban (Control
of Rent and Eviction)
Act, 1973—
Fifteen
rupees
(i) other than for fixation
of fair rent
(a) Up to an annual rent not exceeding six hundred
rupees;
Fifteen
rupees
(ii) for fixation of fair
rent
(b) annual rent exceeding six hundred rupees Fifteen
rupees
17.
Claims for money
(whether secured or
unsecured) or a claim to
set off made against such
claims or counter claims
under the Banking
Companies Act, 1949
(a) Where the amount does not exceed Rs 2,500 ;
(b) where the amount exceeds Rs 2,500 but does not
exceed Rs 10,000;
(c) where the amount exceeds Rs 10,000 ;
Twenty-five
rupees
Fifty -rupees
One hundred
rupees
18.
Memorandum of appeal
from an order or decision
passed under the
Provisions of section
45-B of the Banking
Companies Act, 1949
(a) Where the amount exceeds Rs 5,000 put does not
exceed Rs 10,000;
(b) where the amount exceeds Rs 10,000
One hundred
rupees
Two hundred
rupees.
[Vide Haryana Act 11 of 1974, s. 3]
Haryana
Amendment of Schedule I to Act 7 of 1870.— In Schedule I to the principal Act, —
(a) against serial number 5, under columns 3 and 4, for the existing entries, the following entry
shall be substituted, namely:--
"when such judgement or order is passed by Two rupees.";
any civil court or by the presiding officer of any revenue court or office,
or by any other judicial or executive authority
(b) against serial number 6, under columns 3 and 4, for the existing entries, the following entry
shall be substituted, namely :—
"when such decree or order is made by any Five rupees.";
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civil court or by any revenue court
(c) against serial number 11, under column 2, the words and figures "to the High Court for the
exercise of its jurisdiction under section 44 of the Punjab Courts Act, 1918, or" shall be omitted.
[Vide Haryana Act 22 of 1974, s. 4]
Bihar
Amendment of Article 1 of Schedule II to Act VII of 1870. - For the 'proper fee' set forth in Schedule II
to the said Act for Article 1 and shown in the second column of Schedule C to this Act, the 'proper fee,
shown in the third column of the said Schedule C shall be substituted.
Schedule A
[See Section 2]
Article Proper fee set forth in Schedule I to the
Court-fees Act, 1870
Proper fees to be substituted
1 2 3
Six annas 40 N.P.
1 Six annas 40 N.P.
6 Six annas 40 N.P.
Schedule B
[See Section 3]
Table of rates of ad valorem fees leviable on the institution of suits:-
Proper fees set forth in the table Proper fees to be substituted
1 2
Rs. a. p. Rs. N.P.
0 6 0 0 40
1 2 0 0 15
1 14 0 1 90
2 10 0 2 50
3 6 0 3 40
4 2 0 4 15
4 14 0 4 90
5 10 0 5 65
6 0 0 6 40
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7 2 0 7 15
Schedule C
[See Section 4]
Article Proper fees set forth in Schedule II to the
Court-fees Act, 1870
Proper fees to be
substituted
1 2 3
1 Two annas 15 N.P
[Vide Bihar Act 7 of 1958, s. 4]
Haryana
Amendment of Schedule I to Central Act 7 of 1870.—In Schedule I to the principal act,--
(i) after serial number 5 and entries thereagainst, the following serial number and entries thereagainst
shall be inserted, namely:--
1 2 3 4
“5-A Copy of order of the
Rent Controller
.. Five rupees,”
(ii) against serial number 8, under columns 3 and 4, for the existing entries, the
following entries shall be substituted, namely:--
3 4
“For every age Two rupees.”.
[Vide Haryana Act 3 of 1990, s. 3]
Haryana
Amendment of Schedule II to Central Act 1 of 1870.— In Schedule II to the principal Act,—
(i) against serial number I, under columns 3 and 4,—
(a) against entry (b), for the words "Two rupees", the words "Ten rupees" shall be substituted ;
(b) against entry (c), for the words "Three rupees", the words "Fifteen rupees" shall be
substituted ;
(ii) against serial number 3, under column 4, for the words "Two rupees", the words "Five rupees"
shall be substituted ;
(iii) against serial number 4, under column 4, for the words "Two rupees", the words "Ten
rupees" shall be substituted ;
(iv) against serial number 5, under column 4, for the words "One rupee", the words "Five rupees"
shall be substituted ;
(v) against serial number 6, under column 4, for the words "Two rupees", the words "Ten rupees"
shall be substituted ;
(vi) against serial number 8, under columns 3 and 4,—
(a) against entry (a), for the words "Ten rupees", the words “Fifteen rupees" shall be
substituted ;
(b) against entry (b), for the words “Fifteen rupees", the words "Twenty rupees" shall be
substituted.
[Vide Haryana Act 3 of 1990, s. 4]
99
Haryana
Amendment of Schedule II to Act 7 of 1870.—In Schedule II to the principal Act,—
(a) against serial number 1, entry (d) shall be omitted ;
(b) against serial number 4, in entry (b), the words "or the High Court" shall be omitted;
(c) against serial number 7,—
(i) in item (a), the words "other than the High Court" shall be omitted ;
(ii) in item (c), for the words "High Court, Chief Commissioner", the words "Chief
Commissioner" shall be substituted ;
(d) against serial number 8,—
(i) in entry (a), the words "other than the High Court" occurring twice, shall be omitted ;
(ii) in entry (b), the words "High Court or" shall in omitted ; and
(E) against serial number 15, for the words "one hundred rupees", the words "Thirty rupees" shall
be substituted.
[Vide Haryana Act 22 of 1974, s. 5]
Uttar Pradesh
Amendment of Schedule IX of Act no. VII of 1870.—In Schedule II to the Court Fees Act, 1870, as
amended in its application to Uttar Pradesh, in Article I (“Application or petition”)—
(i) in clause (c), in the second column, for sub-clause (2) and the entry relating to it in the third column,
the following sub-clause and entry shall be substituted, namely:-
Col. 2 Col. 3
“(2) Under article 226 or article 227 of
the Constitution, or by way of special
appeal against a judgement or order
including a judgment or order passed on
a petition filed before the
commencement of the Court Fees (Uttar
Pradesh Amendment( act, 1970 passed
by a single Judge of the High Court
thereon.”
One hundred rupees.
(ii) at the end, the following proviso thereto shall be inserted, namely:--
Provided that –
(i) no court fee shall be payable under clause (c) on an application or petition under section 4591
of the Code of Criminal Procedure, 1898, or under article 226 of the Constitution for writs in the
nature of habeas corpus or in relation to any proceeding relating thereto;
(ii) the court fee payable on an application or petition for adjournment of hearing of any case
shall be double the court fee payable on an ordinary application or petition under clause (b), clause
(c), clause (d) or sub-clause (5) of clause (c), as the case may be,
[Vide Uttar Pradesh Act 34 of 1970, s. 2]
100
101
India Code, Government of India. Text fetched 10 Oct 2026. Source metadata reports last modification: 2019-11-29. Check the linked official text and subsequent notifications when applying a provision.