Court-fees Act,1870
Act No : 7
Section : FIXED FEES
SCHEDULE II FIXED FEES ---------------------------------------------------------------------- Number - Proper Fee ---------------------------------------------------------------------- 1. Application or (a) when presented to any petition. 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 officer of land-revenue by any person holding tempor- arily settled land under direct engagement with Government, and when the subject-matter of the application or petition relates exclusively to such engagement; One anna. 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 appli- cation 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, 1*** or to any Court of Small Causes constituted under 2*Act No. 11 of 1865 or under 3*Act No.16 of 1868, section 20 or to a Collector or other officer of revenue in relation to any suit or case in which the amount or value of the ---------------------------------------------------------------------- 1 The words "or to any Cantonment Magistrate sitting as a Court of Civil Judicature under Act No. 3 of 1859" rep. by Act 13 of 1889. 2 See now the Provincial Small Causes Courts Act, 1887 (9 of 1887), by which Act 11 of 1865 was repealed. 3 See now the Bengal, Agra and Assam Civil Courts Act, 1887 (12 of 1887), s. 25. 52 --------------------------------------------------------------------- Number - Proper Fee --------------------------------------------------------------------- 1. Application or subject-matter is less than petition-contd. fifty rupees: or when presented to any Civil, Criminal or Revenue Court, or to any Board or executive officer for the purpose of One anna. obtaining a copy or transla- tion 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 Criminal Procedure Code1*, arrest without warrant and presented to any Criminal Court; or when presented to a Civil, Criminal or Revenue Court, Eight annas. or to a Collector, or any revenue officer having jurisdiction equal or subordinate to a Collector, or to any Magistrate in his executive capacity, and not otherwise provided for by this Act; or to deposit in Court revenue or rent; or for determination by a Court of the amount of compensation to be paid by a landlord to his tenant. (c) When presented to a Chief One rupee. Commissioner or other Chief Controlling Revenue or Executive Authority, or to a Commissioner of Revenue or Circuit, or to any chief officer charged with the executive administration of a Division and not otherwise provided for by this Act. ---------------------------------------------------------------------- 1 See now the Code of Criminal Procedure, 1898 (Act 5 of 1898). 53 --------------------------------------------------------------------- Number - Proper Fee --------------------------------------------------------------------- 1. Application or (d) When presented to a High Two rupees. petition- Court. 1*[1A. Application When the court grants the Twelve annas in to any Civil application and is of addition to any Court that reco- opinion that the transmission fee levied on rds may be called of such records involves the the application for from another use of the post. under clause Court. (a) clause (b) or clause (d) or article 1 of this Schedule.] 2. Application for .... Eight annas. leave to sue as a pauper. 3. Application for (a) When presented to a One Rupee. leave to appeal District Court. as a pauper. (b) When presented to a Two rupees. Commissioner or a High Court. 4. Plaint or memor- andum of appeal in a suit to obtain possession under 2*Act No. 16 of 1838, or 2*[the 4*Mamlatdars' Court Act, 1876 (Bom. 3 of 1876).] 5. Plaint or memo- randum of appeal in a suit to establish or disprove a right of occupancy. 5*[6. Bail-bond or .... Eight annas. other instrument of obligation given in pursuance of an order made by a Court or Magistra- te under any sect- ion of the code of Criminal Procedure 1898 (5 of 1898), or the Code of Civil Procedure, 1908 (9 of 1908) and not otherwise provided for by this Act.] 7. Undertaking under section 49 of the Indian Divorce Act (4 of 1869). ---------------------------------------------------------------------- 1 Ins by Act 14 of 1911, s. 2. 2 The Bombay Courts of Adalat Act, 1838. 3 Subs. by Act 12 of 1891, for "Bombay Act 5 of 1864 (to give Mamlatdars' Courts jurisdiction in certain cases to maintain existing possession, or to restore possession to any party dispossessed otherwise than by course of law)". 4 See now the Mamlatdars' Courts Act, 1906 (Bom. 2 of 1906). 5 Subs. by Act 17 of 1914, s. 2. 54 --------------------------------------------------------------------- Number - Proper Fee --------------------------------------------------------------------- 8. (Rep. by the Repealing and Amen- ding Act, 1891 (12 of 1891).] 9. [Rep. by the Repealing and Amending Act, 1891 (12 of 1891).] 10. Mukhtarnama or When presented for the conduct Wakalatnama. of any one case- (a) to any Civil or Criminal Eight annas. 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 clause (b) and (c) of this Number. (b) to a Commissioner of Revenue, One rupee. Circuit or Customs or to any officer charged with the executive administration of a Division, not being the Chief Revenue or Executive Authority. (c) to a High Court, Chief Two rupees. Commissioner, Board of Revenue, or other Chief Controlling Revenue or Executive Authority. (a) to any Civil Court other Eight annas. than a High Court, or to any Revenue Court or execut- ive officer other than the High Court or Chief Contr- olling Revenue or Executive Authority. 11. Memorandum of appeal when the appeal is not 1*** (b) to a High Court or Chief Two rupees. from a decree or an Commissioner, or other Chief order having the Controlling Executive or force of a decree, Revenue Authority. and is presented- ---------------------------------------------------------------------- 1 The words "from an order rejecting a plaint or" omitted by Act 5 of 1908, s. 155 and Sch. IV. 55 --------------------------------------------------------------------- Number - Proper Fee --------------------------------------------------------------------- 12. Caveat. 13. Application under 1*Act No.10 of 1859, section 26, or 2*Bengal Act No. 6 of 1862, ............ Five rupees. section 9, or 3* Bengal Act No. 8 of 1869, section 37. 14. Petition in a suit under the Native Converts' Marriage Dissolu- tion Act, 1866 (21 of 1866). 15. [Rep. by the Code of Civil Procedure, 1908 (5 of 1908).] 16. [Rep. by the Probate Administr- ation Act 1889 (6 of 1889), s. 18 (1).] 17. Plaint or memo- randum 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; .... Ten rupees. (ii) to alter or cancel any entry in a register of the names of proprietors of revenue-paying estates; (iii) to obtain a declaratory decree where no consequential relief is prayed; ---------------------------------------------------------------------- 1 Act 10 of 1859 rep. by the Bengal Tenancy Act, 1885 (8 of 1885), in those portions of the Lower Provinces to which that Act extends; in the Chota Nagpur Division (except Manbhum and the Tributary Mahals) by the Chota Nagpur Landlord and Tenant Procedure Act, 1879 (Ben. 1 of 1879), [now repealed by the Chota Nagpur Tenancy Act, 1908 (Ben. 6 of 1908)]; in the Province of Agra by Act 18 of 1873; and in the C. P. by the C. P. Tenancy Act, 1883 (9 of 1883). 2 Bengal Act 6 of 1862 rep. by the Bengal Tenancy Act, 1885 (8 of 1885) so far as it affected those portions of the Lower Provinces to which that Act extends; and in the Chota Nagpur Division (except Manbhum and the Tributary Mahals) by the Chota Nagpur Landlord and Tenant Procedure Act, 1879 (Ben. 1 of 1879) [rep. by the Chota Nagpur Tenancy Act, 1908 (Ben. 6 of 1908)]. 3 Bengal Act 8 of 1869 rep. by the Bengal Tenancy Act, 1885 (8 of 1885). 56 --------------------------------------------------------------------- Number - Proper Fee --------------------------------------------------------------------- 17. Plaint or memo- randum of appeal in each of the following suits- contd. (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 .... Ten rupees. provided for by this Act. 18. Application under section 326 of the Code of Civil Procedure. 1* 2*[19. Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure, 1908 (5 of 1908). 20. Every petition under the Indian Divorce Act (4 of 1869), petitions under except section 44 of the same Act, and every memorandum of appeal under sec- tion 55 of the same Act. .... Twenty rupees. 21. Plaint or memo- randum of appeal under the 3*Parsi Marriage and Divorce Act, 1865 (15 of 1865). --------------------------------------------------------------------- 1 See now the Arbitration Act, 1940 (10 of 1940). 2 Subs. by Act 5 of 1908, s. 155 and Sch. IV, for the original entry "Agreement under section 328 of the same Code". 3 See now the Parsi Marriage and Divorce Act, 1936 (3 of 1936). 57
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