Keyword(s):
Chief Controlling Revenue Authority, Collector, Plaint
Amendments appended: 17 of 2008, 9 of 2010, 25 of 2011

Maharashtra Court-fees Act [1959 : Bom. XXXVI
GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT
BOMBAY ACT No. XXXVI OF 1959.
THE MAHARASHTRA COURT-FEES ACT.
(As modified upto the 18th October 2012)
*
PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS, MUMBAI
AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND
PUBLICATIONS, MAHARASHTRA STATE, MUMBAI 400 004
2012
[ Price : Rs. 30.00 ]
1959 : Bom. XXXVI ] Maharashtra Court-fees Act
H 1053—1
THE MAHARASHTRA COURT-FEES ACT.
CONTENTS
PREAMBLE. SECTIONS. CHAPTER I.
PRELIMINARY. 1. Short title, extent, commencement and application.

  1. Definitions.
    CHAPTER II.
    FEES IN THE HIGH COURT AND IN THE SMALL CAUSES COURT AT BOMBAY. 3. Levy of fees in High Court on its original side.
    Levy of fees in Bombay Small Causes Court.
  2. Procedure in case of difference as to necessity or amount of fee.
    CHAPTER III.
    COMPUTATION OF FEES. 5. Fees on documents filed, etc., in Courts or in public offices.
  3. Computation of fees payable in certain suits—
    (i) for moneys.
    (ii) for maintenance and annuities.
    (iii) for other moveable property having a market value.
    (iv) (a) against recovery of any money due as a tax, etc.
    (b) similar claim in respect of moveable property.
    (c) for status with monetary attribute.
    (d) for ownership, etc., of immoveable property, etc.
    (e) declaration for easements, etc.
    (f) for other status without monetary attribute.
    (g) for charge on property.
    (h) for periodical money returns.
    (i) for accounts.
    (j) for other declarations.
    (v) for possession of lands, houses and gardens.
    (vi) to enforce a right of pre-emption.
    (vii) for share in joint property.
    (viii) for interest of assignee of land revenue.
    (ix) to set aside an attachment.
    (x) to redeem.
    to foreclose.
    (xi) for specific performance.
    (xii) between landlord and tenant.
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
    SECTIONS. 7. Fee on memorandum of appeal against order or award relating to
    compensation in certain cases.
  4. Inquiry as to valuation of suits.
  5. Investigation to ascertain proper valuation.
  6. Power of persons making inquiry under sections 8 and 9.
  7. Costs of inquiry as to valuation and refund of excess fee.
  8. Appointment of inspecting officers and recovery in cases reported
    by them.
  9. Taxing of court-fees and their recovery in suits for mesne
    profits or accounts.
  10. Decision of questions as to valuation.
  11. Refund of fee paid on memorandum of appeal.
  12. Refund of fee on application for review of judgement.
  13. Refund where Court reverses or modifies its former decision on
    ground of mistake.
    17A. Period of limitation for refund of fees under section 15, 16 or 17.
  14. Multifarious suits.
  15. Written-examinations of complainants.
  16. Exemption of certain documents.
    CHAPTER IV.
    PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF
    ADMINISTRATION. 21. Relief where too high a court-fee has been paid.
  17. Relief when debts due from a deceased person have been paid out
    of his estate.
  18. Relief in case of several grants.
  19. Probates declared valid as to trust property, though not covered by
    court-fee.
  20. Provision for case where too low a court-fee has been paid on
    probates, etc.
  21. Administrator to give proper security before letters stamped under
    section 25.
  22. Executors, etc. not paying full court-fee on probates, etc. within
    six months after discovery of under payment.
  23. Notice of applications for probate or letters of administration to be
    given to revenue authorities, and procedure thereon.
  24. Payment of court-fee in respect of probate and letters of
    administration.
  25. Recovery of penalties, etc.
  26. Sections 5 and 40 not to apply to probates or letters of
    Administration.
    (ii)
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
    SECTIONS. CHAPTER V.
    PROCESS FEES. 32. Rules as to costs of processes.
    Confirmation and publication of rules.
  27. Tables of process fees.
  28. Number of peons in District and Subordinate Courts.
    Number of peons in Mofussil Small Causes Courts.
  29. Number of peons in Revenue Courts.
    CHAPTER VI.
    OF THE MODE OF LEVYING FEES. 36. Rate of fee in force on date of presentation of document to be
    applicable.
  30. Collection of fees by stamps.
  31. Stamps to be impressed or adhesive.
  32. Rules for supply, number, renewal and keeping accounts of stamps.
  33. Stamping documents inadvertently received.
  34. Amended document.
  35. Cancellation of stamp.
    CHAPTER VII.
    MISCELLANEOUS. 43. Repayment of fee in certain circumstances.
  36. Admission in criminal cases of documents for which proper fee
    has not been paid.
  37. Sale of stamps.
  38. Power to reduce or remit fees.
  39. Saving of fees to certain officers of High Court.
    47A. Use of former State stamps permissible for certain period to be
    notified.
  40. Saving as to stamp duties.
  41. Repeal and saving.
  42. Amendment of Suits Valuation Acts.
  43. Reduction of court-fee from amount of stamp duty payable on
    final order of partition.
  44. Rules made by Government to be laid before State Legislature.
    (iii)
    H 1053—1a
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
    SCHEDULES. I. Ad valorem fees.
    Table of rates of ad valorem fees leviable on the institution
    of suits.
    II. Fixed fees.
    III. Form of valuation.
    ANNEXURE A : Valuation of the moveable and immoveable property
    of deceased.
    ANNEXURE B : Schedule of Debts, etc.
    IV. Laws repealed.
    V. Laws amended.
    (iv)
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
    BOMBAY ACT No. XXXVI OF 1959.1 [THE MAHARASHTRA COURT-FEES ACT.]
    [This Act received the assent of the President on the 9th June
    1959 ; the assent was first published in the Bombay Government
    Gazette, Part IV, on the 16th June 1959.]
    Adapted and modified by the Maharashtra Adaptation of Laws
    (State and Cocurrent Subjects) Order, 1960.
    Amended by Mah. 18 of 1960. „ „ ,, 18 of 1966. „ „ ,, 33 of 1967. „ „ ,, 9 of 1970. „ „ ,, 28 of 1970. „ „ ,, 50 of 1974 (21-9-1974).*
    „ „ ,, 57 of 1974 (12-12-1974).*
    „ „ ,, 10 of 1976 (12-4-1976).*
    „ „ ,, 12 of 1976 (1-7-1976).*
    „ „ ,, 50 of 1976 (1-4-1976). „ „ ,, 51 of 1976. „ „ ,, 59 of 1977 (1-1-1978).
    „ „ ,, 15 of 1984 (31-7-1984).*
    „ „ ,, 26 of 1986. „ „ ,, 34 of 1994 (11-5-1994).*
    „ „ ,, 23 of 1996. „ „ ,, 23 of l997 (2l-2-1997).† „ „ ,, 26 of 2000 (3-3-2000).
    „ „ ,, 18 of 2002 (1-10-2001)‡‡ „ „ ,, 22 of 2004.(28-9-2004).@
    „ „ ,, 17 of 2008 (1-7-2008) *
    „ „ ,, 9 of 2010 (1-9-2009)*$
    „ „ ,, 25 of 2011 (8-6-2011) *$$
    „ „ ,, 24 of 2012 (22-8-2012) *
    An Act to consolidate and amend the law relating to fees
    taken in the courts and public offices and fees taken in
    respect of certain matters in the State of Bombay, other than
    fees falling under entries 77 and 96 of List l in the Seventh
    Schedule to the Constitution of India.
    Whereas it is expedient to consolidate and amend the law relating
    to fees taken in the courts and public offices and fees taken in respect
    of certain matters in the State of Bombay, other than fees falling
    under entries 77 and 96 of List I in the Seventh Schedule to the
    1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1959 Part V, p. 192;
    for report of Select Committee, see ibid., pp. 244-306. * This indicates the date of Commencement of Act.
    † Maharashtra Ordinance No. VIII of 1997 was repealed by Mah. XXIII of 1997, s.3.
    ‡ Maharashtra Ordinance No. IV of 2000 was repealed by Mah. XXVI of 2000, s.3.
    ‡‡ Maharashtra Ordinance No. III of 2002 was repealed by Mah. XVIII of 2002, s.9. @ Maharashtra Ordinance No. XXXI of 2004 was repealed by Mah.XXII of 2004, s.4. $ Maharashtra Ordinance No. III of 2010 was repealed by Mah. IX of 2010, s.3. $$ Maharashtra Ordinance No. XVI of 2011 was repealed by Mah. XXV of 2011, s.8.
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
    Constituion of India ; It is hereby enacted in the Tenth Year of the
    Republic of India as follows :—
    CHAPTER I.
    PRELIMINARY. 1. (1) This Act may be called 1[the Maharashtra Court-fees Act.
    (2) It extends to the whole of the 2[State of Maharashtra].
    (3) It shall come into force on such 3date as the State Government
    may, by notification in the Offical Gazette, appoint.
    (4) The provisions of this Act shall not apply to fees or stamps
    relating to documents presented or to be presented before any officer
    serving under the Central Government.
    (5) In the absence of any specific provision to the contrary nothing
    in this Act shall affect any special law now in force relating to fees
    taken in the courts and public offices.
  45. In this Act, unless the context otherwise requires—
    (a) “Chief Controlling Revenue Authority” means such officer as
    the State Government may, by notification in the Official Gazette,
    appoint in this behalf for the whole or any part of the 2[State of
    Maharashtra] ;
    (b) “ Collector” includes any officer authorised by the Chief
    Controlling Revenue Authority to perform the functions of a Collector
    under this Act ;
    (c) “Plaint” includes a written statement pleading a set-off or
    counter-claim.
    CHAPTER II.
    FEES IN THE HIGH COURT AND IN THE COURT OF SMALL
    CAUSES AT BOMBAY. 3. The fees payable for the time being to the clerks and officers
    (other than the sheriffs and attorneys) of the High Court ;
    or chargeable in that Court under No. 10 of the first, and Nos. 11,
    14, 17, 20 and 21 of the Second Schedule to this Act annexed ;
    and the fees for the time being chargeable in the Court of Small
    Causes at Bombay and its office,
    shall be collected in manner hereinafter appearing.
    1 These short title was amended for “Bombay Court-fees Act, 1959” by Mah 24 of 2012, ss.
    2, Schedule, entry 77, w.e.f. 1-5-1960. 2
    These words were substituted for the words “State of Bombay” by the Maharashtra
    Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 3
    1st day of August 1959 (vide G.N., H.D., No. CFA. 1056-III (a), dated 15th July 1959.)
    Definitions.
    Short title,
    extent, commence- ment and
    application.
    Levy of fees
    in High
    Court on its
    original
    side.
    Levy of fees
    in Bombay
    Small
    Causes
    Court.
    2
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
  46. (I) 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 the High Court, be
    referred to the taxing officer, whose decision thereon shall be final,
    subject to revision, on an application, made within 1[thirty days] from
    the date of the decision, by the suitor or attorney or such officer as
    may be appointed in this behalf by the State Government, by the
    Chief Justice or by such Judge of the High Court as the Chief Justice
    shall appoint either generally or specially in this behalf. The Chief
    Justice shall declare who shall be taxing-officer within the meaning
    of this sub-section.
    (2) When any such difference arises in the Court of Small Causes
    of Bombay, the question shall be referred to the Clerk of the Court,
    whose decision thereon shall be final, subject to revision, on an
    application, made within 1[thirty days] from the date of the decision,
    by the party concerned or such officer as may be appointed in this
    behalf by the State Government, by the Chief Judge of the Small
    Cause Court or by such Judge of that Court as the Chief Judge shall
    appoint either generally or specially in this behalf.
    CHAPTER III.
    COMPUTATION OF FEES. 5. (1) 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 has been paid a fee of an amount not less than that indicated
    by either of the said Schedules as the proper fee for such document.
    (2) When any difference arises between the officer whose duty it
    is to see that any fee is paid under this Act and any suitor or his
    pleader, as to the necessity of paying a fee or the amount thereof, the
    question shall, when the question arises in the High Court, be
    referred to the taxing officer whose decision thereon shall be final,
    subject to revision, on an application, made within 1[thirty days] from
    the date of the decision, by the suitor or his pleader or such officer
    as may be apointed in this behalf by the State Government, by the
    Chief Justice or by such Judge of the High Court as the Chief Justice
    shall appoint either generally or specially in this behalf.
    (3) When any such difference arises in the City Civil Court,
    Bombay, the question shall be referred to the Registrar of the City
    Civil Court whose decision shall be final, subject to revision, on an
    application, made within 1[thirty days] from the date of the decision,
    by the party concerned or such officer as may be appointed in this
    behalf by the State Government, by the Principal Judge or such other
    Judge of the said Court as the Principal Judge shall appoint either
    generally or specially in this behalf.
    1
    These words were substituted for the words “ sixty days ” by Mah.. 28 of 1970, s. 2.
    Procedure
    in case of
    difference
    as to
    necessity or
    amount of
    fee.
    Fees on
    documents
    filed, etc., in
    Courts or in
    public
    offices.
    3
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
    (4) When such difference arises in any other Court, the question
    shall be referred to the final decision of the Judge presiding over
    such Court. 1
  • * * * * * * 6. The amount of fee payable under this Act in the suits next
    heirenafter mentioned shall be computed as follows :—
    (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 ;
    (ii) In suits for maintenance (with or without a prayer for the
    creation of a charge) and for 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, in the case of a suit for
    maintenance, the amount claimed to be payable for one year and in
    any other case, ten times such amount :
    Provided that if in a suit for maintenance the plaintiff obtains a
    decree for maintenance the defendant shall be liable to make good
    the deficit, if any, between the fee payable on ten times the amount
    awarded for one year and the fee already paid by the plaintiff ; and
    the amount of such deficit shall, without prejudice to any other mode
    of recovery, be recoverable as an arrear of land revenue ;
    (iii) In suits for moveable property other than money, where the
    subject matter has a market-value—according to such value at the
    date of presenting the plaint ;
    (iv) (a) In suits for declaration to obatin adjudication against
    recovery of money from the plaintiff, whether the recovery is as land
    revenue or arrears of land revenue or tax or duty or cess or fee or
    fine or penalty or under any decree or order of a court or any
    certificate or award other than under the Arbitration Act, 1940, or in
    any other manner-one fourth of ad valorem fee leviable on the
    amount sought to be recovered according to the scale prescribed
    under Article 1 of Schedule I with minimum fee of 2[ sixty rupees]:
    Provided that, when in addition any consequential relief other than
    possession is sought, the amount of fee shall be one half of ad
    valorem fee on the amount sought to be recovered :
    Provided further that, when the consequential reliefs also sought
    include a relief for possession the amount of fee shall be the full ad
    valorem fee on the amount sought to be recovered ;
    Computation of fees
    payable in
    certain
    suits.
    for money.
    for maintenance and
    annuities.
    for other
    moveable
    propoerty
    having a
    market
    value.
    against
    recovery of
    any money
    due as a tax,
    etc.
    1
    Sub-section (5) was deleted by Mah. 59 of 1977, s. 8. 2
    These words were substitued for the words “ thirty rupees ” by Mah. 18 of 2002, s. 2 (a)(1).
    X of
    1940.
    4
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
    (b) In suits for declaration similar to those falling under subparagraph (a) in respect of moveable property—one fourth of ad
    valorem fee leviable on the value of the moveable property subject to
    the minimum fee as under sub-paragraph (a) :
    Provided that when in addition any consequential relief other than
    possession is sought, the amount of fee shall be one-half of ad
    valorem fee leviable on the value of such property :
    Provided further that when the consequential reliefs also sought
    include a relief for possession the amount of fee shall be the full ad
    valorem fee leviable on such value ;
    (c) In suits for declaration of the status of plaintiff, to which
    remuneration, honorarium, grant, salary, income, allowance or return
    is attached, one-fourth of ad valorem fee leviable on the emoluments
    or value of return for one year :
    Provided that, when in addition any consequential relief other than
    possession is sought the amount of fee shall be one-half of ad valorem
    fee on such emoluments or value of return :
    Provided further that when the consequential reliefs also sought
    include a relief for possession the amount of fee shall be the full ad
    valorem on such emoluments or value of return ;
    (d) In suits for declaration in respect of ownership, or nature of
    tenancy, title, tenure, right, lease, freedom or exemption from, or
    non-liability to, attachment with or without sale or other attributes,
    of immoveable property, such as a declaration that certain land is
    personal property of the Ruler of any former Indian State
    or public trust property or property of any class or community—onefourth of ad valorem fee leviable for a suit for possession on the basis
    of title of the subject-matter, subject to a minimum fee of 1[one
    hundred rupees] :
    Provided that if the question is of attachment with or without sale
    the amount of fee shall be the ad valorem fee according to the value
    of the property sought to be protected from attachment with or
    without sale or the fee of 2[sixty rupees], whichever is less :
    Provided further that, where the defendant is or claims under or
    through a limited owner, the amount of fee shall be 3[one-third] of
    such ad valorem fee, subject to the minimum fee specified above :
    Provided also that, in any of the cases falling under this clause
    except its first proviso, when in addition any consequential relief
    other than possession is sought the amount of fee shall be one-half
    of ad valorem fee and when the consequential reliefs also sought
    include a relief for possession the amount of fee shall be the full ad
    valorem fee ;
    1
    These words were substituted for the words “ forty rupees” by Mah. 18 of 2002, s. 2(a) (2)(i). 2
    These words were substituted for the words “ thirty rupees ”, ibid., s. 2 (a) (2) (ii). 3
    These words were substituted for the words “ one-sixth ” by Mah. 23 of 1996, s.2 (A) (iii).
    similar
    claim in
    respect of
    moveable
    property.
    for status
    with
    monetary
    attribute.
    for ownership etc. of
    immoveable
    property,
    etc.
    5
    H 1053—2
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
    (e) In suits for declaration of easement or right to benefits arising
    out of immoveable property, with or without an injunction or other
    consequential relief, the amount of fee shall be as shown in the Table
    below :—
    1
    [TABLE
    Area Fee
    (1) (2)
    (f) In suits for declaration of status to which no direct monetary
    attribuate is attached such as a declaration that the plaintiff
    is a married husband or wife of the defendant or divorced husband
    or wife of the defendant or a declaration about legitimacy of children
    or about citizenship rights or about an adoption 2[one hundred
    rupees] :
    Provided that where injunction or other consequential relief is also
    sought in such case, the amount of fee shall be 3[one hundred fifty
    rupees] ;
    (g) In suits for declaration of a charge in favour of the plaintiff on
    moveable or immoveable property—one-half of ad valorem fee payable
    on the charge amoumt :
    Provided that where injunction or other consequential relief is also
    sought in such cases, the amount of fee shall be the full ad valorem
    fee payable on the charge amount ;
    one-fourth of the ad valorem fee
    leviable for a suit for
    possession of the servient
    tenement or the dominant
    tenement, whichever is less,
    subject to a minimum fee of
    one hundred rupees.
    one-sixth of the ad valorem fee
    leviable for a suit for
    possession of the servient
    tenement or the dominant
    tenement, whichever is less,
    subject to a minimum fee of
    one hundred rupees.
    one hundred rupees.]
    (a) The area within the limits of
    the Municipal Corporation of
    Brihan Mumbai or the
    Corporation of the City of the
    Nagpur or any Municipal
    Corporation constituted under
    the Bombay Provincial
    Municipal Corporations Act,
    1949.
    (b) Areas within the limits of
    Municipal Councils constituted
    under the Maharashtra
    Municipal Councils, Nagar
    Panchayats and Industrial
    Townships Act, 1965.
    (c) Any other area in the State
    of Maharashtra.
    1
    This Table was substituted by Mah. 18 of 2002, s.2 (a)(3). 2
    These words were substituted for the words “sixty rupees”, ibid. 2, (a)(4)(i). 3
    These words were substituted for the words “one hundred rupees” ibid., s. 2 (d)(4)(ii).
    declaration
    for easements etc.
    Bom.
    LIX
    of
    1949.
    Mah.
    XL of
    1965.
    for other
    status
    without
    monetary
    atrribute.
    for charge
    on property.
    6
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
    (h) In suits for declaration in respect of periodical charge or money
    return in favour of or against the plaintiff—one half of ad valorem
    fee payable on the charge for 5 years if the charge is annual and
    on the charge for one year if the period of the charge is less than
    one year ; 1[(ha) In suits for declaration that any sale, or contract for sale or
    termination of contract for sale, of any moveable or immoveable
    property is void 2[one-half] of ad valorem fee leviable on the value of
    the property ;
    (hb) In suits for declaration that any proceedings for compulsory
    acquisition of any moveable or immoveable property are void 2[onehalf] of ad valorem fee leviable on the value of the property;]
    (i) In suits for accounts—according to the amount at which the
    relief sought is valued in the plaint or memorandum of appeal,
    subject to the provisions of section 8, and subject to a minimum fee
    of 3[one hundred rupees] ;
    (j) In suits where declaration is sought, with or without injunction
    or other consequential relief and the subject-matter in dispute is not
    susceptible of monetary evaluation and which are not otherwise
    provided for by this Act 4[ad valorem fee payable, as if the amount or
    value of the subject matter was 5[one thousand rupees ; ] ]
    In all suits under clauses (a) to (i), the plaintiff shall state the
    amount at which he values the relief sought, with the reasons for
    the valuation;
    (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 a house or garden—
    according to the market value of the house or garden and where the
    subject-matter is land, and—
    (a) 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 6[forty times] the survey assessment;
    (b) 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 7[eighty times] the
    survey assessment ; and
    (c) where the whole or any part of the annual survey assessment
    is remitted— a sum computed under sub-paragraph (a) or subparagraph (b), as the case may be, in addition to 7[eighty times] the
    assessment or, the portion of assessment so remitted ;
    1
    Sub-paragraphs (ha) and (hb) were inserted by Mah. 9 of 1970, s. 4(a). 2
    These words were substituted for the word “one-fourth” by Mah. 23 of 1996, s.2(1)(e) and (f). 3
    These words were substituted for the words “forty rupees” by Mah. 18 of 2002, s. 2(5). 4
    These words were substituted for the words “thirty rupees” by Mah. 9 of 1970, s. 4(b): 5 These words were substituted for the words “six hundred rupees” by Mah. 18 of 2002, s. 2(6). 6
    These words were substituted for the words “twenty times”, ibid., s.2 (6)(b)(1). 7
    These words were substituted for the words “forty times”, ibid., s.2 (6)(b)(2):
    for periodical money
    returns.
    for avoidance of sale,
    contract for
    sale, etc.
    for avoidance of
    acquisition
    proceedings.
    for other
    declarations.
    for possesstion of lands,
    houses and
    gardens.
    7
    for accounts.
    H 1053—2a
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
    (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 ;
    (vii) In suit 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 whether or not the plaintiff is in actual or constructive
    possession of the property of which he claims to be a co-parcener or
    co-owner—according to the value of the share in respect of which the
    suit is instituted ;
    Explanation.— For the purposes of this paragraph, if the property
    in which a share is claimed consists of or includes any land assessed
    to land revenue for the purpose of agriculture, the value of such land
    shall be deemed to be the value as determined under paragraph (v)
    of this section ;
    (viii) In suits for the interest of an assignee of land—revenue, 1[fifty- times] his net profits as such for the year next before the date
    of presenting the plaint;
    (ix) 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 ;
    (x) In suits against a mortgagee for the recovery of the property
    mortgaged, and in suits by a mortgagee to foreclose the mortgage,
    or, when 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 ;
    (xi) 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 ;
    (xii) 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
    These words were substituted for the words “thirty times” by Mah. 18 of 2002, s. 2(6)(c).
    to enforce
    a right of
    pre-emption.
    for share in
    joint
    property.
    for interest
    of assignee
    of land
    revenue. to set aside
    an attachment.
    to redeem.
    to foreclose.
    for specifice
    performance.
    8
    between
    landlord and
    tenant.
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
    (d) for the recovery of immoveable property from a tenant,
    including a tenant holding over after the determination of a
    tenancy,
    (e)to contest a notice of ejectment,
    (f) to recover the occupancy of immoveable property from
    which a tenant has been illegally ejected by the landlord, and
    (g) for abatement of rent—
    according to the amount of the rent of the immoveable
    property to which the suit refers, payable for the year next
    before the date of presenting the plaint.
  1. (1) The amount of fee payable under this Act on a memorandum
    of appeal against an order relating to compensation under any Act for
    the time being in force for the acquisition of land for public purposes
    shall be computed according to the difference between the amount
    awarded and the amount claimed 1[or challenged] by the Appellant : 2[Provided that, where the State Goverment is an acquiring
    body, it shall not be liable for payment of fee in such appeals.
    Explanation.— For the purposes of this sub-section,“ amount”
    means the amount in dispute and it shall not include the amount
    of statutory benefits]
    (2) The amount of fee payable under this Act on a memorandum
    of appeal against an award of a Claims Tribunal preferred under
    section 110-D of the *Motor Vehicles Act, 1939, shall be computed as
    follows :—
    (i) If such appeal is preferred by the insurer or owner of the
    motor vehicle—the full ad-valorem fee leviable on the amount at
    which the relief is valued in the memorandum of appeal according
    to the scale prescribed under Article 1 of Schedule I ;
    (ii) If such appeal is preferred by any other person—one half of
    ad-valorem fee leviable on the amount at which the relief is valued
    in the memorandum of appeal according to the said scale :
    Provided that if such person succeeds in the appeal, he shall be
    liable to make good the deficit, if any, between the full ad-valorem fee
    payable on the relief awarded in the appeal according to the said scale
    and the fee already paid by him; and the amount of such deficit shall,
    without prejudice to any other mode of recovery, be recoverable as
    an arrear of land revenue.
  2. If the Court is of opinion that the subject-matter of any suit has
    been wrongly valued or if an application is made to the Court for the
    revision of any valuation made, the Court may revise the valuation
    and determine the correct valuation and may hold such inquiry as it
    thinks fit for such purpose.
    1 These words were inserted by Mah. 22 of 2004, s.2(a)
    2
    This proviso and Explanation was added, by ibid, s.2(a)
  • Now see the Motor Vehicles Act, 1988.
    Fee on memoran- dum of
    appeal
    against
    order or
    award
    relating to
    compensation in
    certain
    cases.
    VI of
    1939.
    Inquiry as
    to valuation
    of suits.
    9
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
  1. (1) For the purpose of an inquiry under section 8 the Court
    may depute, or issue a commission to, any suitable person to make
    such local or other investigation as may be necessary and to report
    thereon to the Court. Such report and any evidence recorded by such
    person shall be evidence in the enquiry.
    (2) The Court may, from time to time, direct such party to the suit
    as it thinks fit to deposit such sum as the Court thinks reasonable as
    the costs of the inquiry, and if the costs are not deposited within such
    time as the Court shall fix, may, notwithstanding anything contained
    in any other Act, reject the plaint or as the case may be the appeal,
    if such party is the plaintiff or the appellant and, in any other case,
    may recover the costs as a public demand :
    Provided that, when any plaint or appeal is rejected under this
    section the court-fee already paid shall not be liable to be refunded.
  2. (1) The Court, when making an inquiry under section 8 and
    any person making an investigation under section 9 shall have
    respectively for the purposes of such inquiry or investigation, the
    powers vested in a Court under the Code of Civil Procedure, 1908, in
    respect of the following matters, namely :—
    (a) enforcing the attendance of any person and examining him
    on oath or affirmation ;
    (b) compelling the production of documents or material objects ;
    (c) issuing commissions for the examination of witnesses ;
    (d) taking or receiving evidence on affidavits.
    (2) An inquiry or investigation referred to in sub-section (1) shall
    be deemed to be a judicial proceeding within the meaning of sections
    193 and 228 of the Indian Penal Code.
  3. If in the result of an inquiry under section 8 the Court finds
    that the subject-matter of the suit has been undervalued, the Court
    may order the party responsible for the undervaluation to pay all or
    any part of the costs of the inquiry.
    If in the result of such inquiry the Court finds that the subjectmatter of the suit has not been undervalued the Court may, in its
    discretion, order that all or any part of such costs shall be paid by
    Government or by any party to the suit at whose instance the inquiry
    has been undertaken, and if any amount exceeding the proper
    amount of fee has been paid shall refund the excess amount so paid.
  4. (1) The State Government may appoint generally, or in any
    case, or for any specified class of cases, in any local area, one or more
    officers to be called inspecting officers.
    (2) The inspecting officer may, subject to the control of the Court
    concerned, examine the records of any case which is pending or has
    been disposed of, with a view to finding out whether proper fees have
    been paid therein.
    Investigation to
    ascertain
    proper
    valuation.
    Power of
    persons
    making
    inquiry
    under
    sections 8
    and 9.
    Costs of
    inquiry as to vaulation
    and refund
    of excess
    fee.
    Appointment of
    inspecting
    officers and
    recovery in
    cases
    reported by
    them.
    V of
    1908.
    XLV
    of
    1860.
    10
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
    (3) If on such examination, the inspecting officer finds that the fee
    payable under this Act on any document filed, exhibited or recorded
    in such case has not been paid or has been insufficiently paid, he
    shall report the fact to the presiding officer of the Court.
    (4) Such presiding 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 the fee payable and
    such further sum as he thinks reasonable as the costs of the inquiry
    and the person from whom the fee or the difference thereof, if any,
    and the costs shall be recoverable.
    (5) After recording a finding under sub-section (4), the presiding
    officer shall issue a notice to the person referred to in that subsection to show cause why he should not be ordered to pay the fee
    and the costs determined hereunder, and, if sufficient cause is not
    shown, the presiding officer shall confirm the finding and make an
    order requiring such person to pay the proper fee and the costs before
    a specified date.
    (6) If such person fails to pay the fee and the costs in accordance
    with the provisions of sub-section (5), they shall, on the certificate of
    such presiding officer, be recoverable as an arrear of land revenue.
  5. (1) In a suit for the recovery of possession of immovable
    property and mesne profits or for mesne profits or for an account, the
    difference, if any, between the fee actually paid and the fee which
    would have been payable had the suit comprised the
    whole of the profits or amount found due shall, on delivery of
    judgment, be taxed by the Court and shall be leviable from the
    plaintiff and if not paid by him within thirty days from the date of the
    judgment be recoverable according to the law and under the rules for
    the time being in force for the recovery of arrears of land revenue.
    (2) The Court shall send a copy of the decree passed in such suit
    to the Collector.
    (3) No decree for mesne profits passed in any such suit by the
    Court shall be executed, until a certificate to the effect that such
    difference is paid or recovered, signed by the Court which passed the
    decree or by the Collector who recovered the amount, is produced
    along with the application for such execution.
    Explanation.— For the purpose of this section, “plaintiff” includes
    any party to a suit to whom any profits or amount are or is found to
    be due.
  6. (1) 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.
    Taxing of
    court-fees
    and their
    recovery in
    suits for mesne profits or account.
    Decision of
    questions as
    to valuation.
    11
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
    (2) 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.
  7. If an appeal or plaint, which has been rejected by the lower
    Court on any of the grounds mentioned in the Code of Civil
    Procedure 1908, is ordered to be received, or if a suit is remanded in
    appeal, on any of the grounds mentioned in rule 23 of Order XLI in
    the first Schedule to the same Code for a second decision by the lower
    Court, the Appellate court shall grant to the appellant a certificate,
    authorising him to receive back 1[from the Collector or by way of
    e-payment, in the manner as prescribed by rules] the full amount of
    fee paid on the memorandum of appeal :
    Provided that if, in the case of 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 authorise 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.
  8. Where an application for review of judgment is presented on
    or after the 2[thirtieth 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
    3[from the Collector or by way of e-payment, in the manner as
    prescribed by rules] 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.
  9. 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 authorizing him to
    receive back 4[from the Collector or by way of e-payment, in the
    manner as prescribed by rules] 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, No. 1, clause (c) or
    clause (f).
    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.
    Refund of
    fee paid on memo- randum of
    appeal.
    Refund of
    fee on
    application
    for review
    of judgment.
    Refund
    where court reverses or modifies its
    former
    decision on
    ground of
    mistake.
    V of
    1908.
    1 These words were substituted for the words “ from the Collector ” by Mah. 25 of 2011, s. 2. 2 These words were substituted for the words “ ninetieth day ” by Mah. 50 of 1976, s. 2. 3 These words were substituted for the words “ from the Collector ” by Mah. 25 of 2011, s. 3. 4 These words were substituted for the words “ from the Collector ” ibid.
    12
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act 1[17A. Where certificate is granted to any person under section15,
    16 or 17, no fee thereunder shall be refunded, unless such person
    presents it to the Collector or such other authority as may be
    prescribed by rules, for encashment, within two years from the date
    of issue of the certificate by the Court.]
  10. 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 suit embracing separtely 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 Code of Civil Procedure, 1908, Schedule
    I, Order II, rule 6.
  11. When the first or only examination of a person who complaints
    of the offence of wrongful confinement, or 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 2[Code of Criminal Procedure, 1973], the
    complainant shall pay a fee of 4[ten rupees] unless the Court thinks
    fit to remit such payment.
    20 5[(1)] 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
    by a member of any of the Armed Forces of the Union not in civil
    employment.
    (ii) Application for certified copies of documents or for any other
    purpose in the course of a criminal proceeding presented by or on
    behalf of the State Government to a criminal court.
    (iii) Written statements called for by the Court after the first
    hearing of a suit.
    (iv) Probate of a will, letters of administration, and, save as
    regards debts and securities, a certificate under Bombay Regulation
    VIII of 1827 or any corresponding law in force, 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.
    (v) Application or petition to a Collector or other officer making
    a settlement of land-revenue, or to a Board of Revenue, or a
    Commissioner cf Revenue, relating to matters connected with the
    assessment of land or the ascertainment of rights thereto or
    interest therein, if presented, previous to the final confirmation of
    such settlement.
    Period of
    limitation
    for refund
    of fees
    under
    section 15,
    16 or 17.
    Multifarious
    suits.
    Written
    examinations of
    complainants.
    3[2 of
    1974.]
    V of
    1908.
    1 Section 17A was inserted by Mah. 18 of 1966, s.2. 2 These words were substituted for the words “ Code of Criminal Procedure, 1898” by Mah.
    23 of 1996, s.3(a). 3 These figures and word were substituted for the letter and figures “ V of 1898 ” ibid. 4 These words were substituted for the words “ two rupees” by Mah. 18 of 2002, s.3. 5 Section 20 was renumbered as sub-section (1) and sub-dection (2) was added by Mah. 18
    of 1960, s.2.
    Exemption
    of certain
    documents.
    13
    H 1053—3
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
    (vi) Application relating to a supply for irrigation of water
    belonging to Government.
    (vii) 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.
    (viii) Application for service of notice of relinquishment of land
    or of enhancement of rent.
    (ix) Written authority to an agent to distrain.
    (x) Petition, application, charge or information respecting any
    offence when presented, made or laid to or before a Police Officer,
    or to or before the Heads of Villages or the Village Police.
    (xi) Petition by a prisoner, or other person in duress or under
    restraint of any Court or its Officer.
    (xii) Complaint of a public servant (as defined in the Indian
    Penal Code), a Municipal officer, or an officer or servant of a
    Railway Company.
    (xiii) Application for the payment of money due by Government
    to the applicant.
    (xiv) Petition of appeal against any municipal tax.
    (xv) Applications for compensation under any law for the time
    being in force relating to the acquisition of property for
    public purposes, other than those chargeable under Article 15 of
    Schedule I. 1[(2) Nothing contained in this Act shall render an application to
    the Court under section 543 of the Companies Act, 1956, chargeable
    with any fee :
    Provided that, if the applicant succeeds, the person, director,
    managing agent, secretary and treasurer, manager, liquidator or
    officer of the company concerned against whom an order is made by
    the Court under that section, shall be liable to pay the fee leviable
    on a plaint in a suit for the same relief as is ordered by the Court;
    and the amount of such fee shall, without prejudice to any other
    mode of recovery, be recoverable as an arrear of land revenue.].
    CHAPTER IV.
    PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF
    ADMINISTRATION. 21. 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 for the local area in which the probate or letters
    has or have been granted,
    1
    Section 20 was renumbered as sub-section (1) and sub-section (2) was added by Mah: 18
    of 1960, s. 2.
    XLV
    of
    1860.
    I of
    1956.
    Relief
    where too
    high a
    court-fee
    has been
    paid.
    14
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
    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.
  12. 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.
  13. Whenever 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.
  14. The probate of the will or the letters of administration of the
    effects of any person deceased heretobefore or hereafter granted
    shall be deemed valid and available by his executors or administrators
    for recovering, transferring or assigning any moveable or immoveable
    property whereof or whereto the deceased was possessed or entitled,
    either wholly or partially as a trustee, notwithstanding the amount
    Relief when
    debts due
    from a
    deceased
    person have
    been paid
    out of his
    estate.
    Relief in
    case of
    several
    grants.
    Probates
    declared
    valid as to
    trust
    property,
    though not
    covered by
    court-fee.
    15
    H 1053—3a
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
    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.
  15. Where any person on applying for probate or letters of
    adminstration 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 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 the grant, of five
    time, 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.
  16. In case of letters of administration on which too low a courtfee has been paid at first, the said Authority shall not cause the same
    to be fully 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.
  17. 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 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
    rupees per cent. on the amount of the sum wanting to make up the
    proper court-fee.
    Provision
    for case
    where too
    low a courtfee has
    been paid
    on probates,
    etc.
    Administrator to give
    proper
    security
    before
    letters
    stamped
    under
    section 25.
    Executors,
    etc. not
    paying full
    court-fee on
    probates,
    etc. within
    six months
    after
    discovery of
    under
    payment.
    16
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
  18. (1) Where an application for probate or letters of administration
    is made in any Court other than the 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 the High
    Court, the High Court shall cause notice of the application to be
    given to the Chief Controlling Revenue Authority.
    (3) The Collector within the local limits of whose revenuejurisdiction 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
    Colletcor shall forward his report, giving therein his reasons for his
    opinion and his estimate of the true valuation, to the Prothonotary
    of the High Court or the Court, as the case may be, serving at the
    same time a copy of his report on the petitioner.
    (4) If within thirty days from the date of receipt of the copy of the
    Collector’s report served on him under sub-section (3), the petitioner
    does not file in court his objections to the Collector’s valuation, the
    Court shall make an order amending the petitioner’s valuation, in
    accordance with the report of the Collector.
    (5) If within the aforesaid period the petitioner files in court his
    objection, the Court shall hold, or cause to be held, an inquiry in
    accordance with the provisions of sections 9, 10 and 11 as if the
    application were a suit, 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) 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 25.
    (7) The State Government may make rules for the guidance of
    Collectors in the exercise of the powers conferred by sub-section (3).
  19. (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. 10 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 report made by the Collector under section
    28, sub-section (3).
    Notice of
    applications
    for probate
    or letters of
    administration to be
    given to
    Revenue
    Authorities
    and
    procedure
    thereon.
    Payment of
    court-fee in
    respect of
    probate and
    letters of
    administration.
    17
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
  20. (1) Any excess fee found to be payable on an inquiry held
    under section 28 and any penalty or forfeiture under section 27, 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.
    (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 25 or of any court-fee under section 25
    in excess of the full court-fee which ought to have been paid.
  21. Nothing in section 5 or section 40 shall apply to probates or
    letters of administration.
    CHAPTER V.
    PROCESS FEES. 32. The High Court shall 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 Court established within the local limits of such
    jurisdiction ;
    (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.
    All such rules, alterations and additions shall, after being confirmed
    by the State Government, be published in the Official Gazette, and
    shall thereupon have the force of law.
  22. A table in the English and regional languages, showing the
    fees chargeable for such service and execution, shall be exposed to
    view in a conspicuous part of each Court.
  23. Subject to rules to be made by the High Court and approved
    by the State Government, every District Judge, the Principal
    Judge of the Bombay City Civil Court 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,
    and for the purposes of this section, every Court of Small Causes
    established under the Provincial Small Cause Courts Act, 1887, shall
    be deemed to be sub-ordinate to the Court of the District Judge.
    Recovery of
    penalties,
    etc.
    Sections 5
    and 40 not
    to apply to
    probates or
    letters of
    adminstration.
    Rules as to
    costs of
    processes.
    Tables of
    processfees.
    Confirmation and
    publication
    of rules.
    Number of
    peons in Disrict and
    subordinate
    Courts.
    Number of
    peons in mofussil
    Small
    Causes
    Courts.
    IX of
    1887.
    18
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
  24. Subject to rules to be framed by the Chief Controlling Revenue
    Authority and approved by the State Government, 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.
    CHAPTER VI.
    OF THE MODE OF LEVYING FEES. 36. All fees shall be charged and collected under this Act at the
    rate in force on the date on which the document chargeable to courtfee is or was presented.
    1[37. All fees referred to in section 3 or chargeable under this Act
    shall be collected by stamps or e-payment.
  25. The stamps used to denote any fees chargeable under this Act
    shall be impressed or adhesive or partly impressed or partly adhesive,
    as the State Government may, by notification in the Official Gazette
    from time to time, direct.
  26. The State 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 chargeable
    under this Act,
    (c) the renewal of damaged or spoiled stamps, 2[ * * * ]
    (d) the keeping accounts of all stamps used under this Act ; 3[(e) the manner of payment of court-fee and refund thereof by
    e-payment :]
    Provided that in the case of stamps used under section 3 in the
    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.
  27. 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, or, in the case of the 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.
    Rate of fee in
    force on date
    of presentation of
    document to
    be applicable.
    Collection of
    fees by
    stamps or
    e-payment.
    Stamps to
    be impressed or
    adhesive
    Rules for
    supply,
    number,
    renewal and
    keeping
    accounts of
    stamps.
    1 Section 37 was substituted by Mah. 25 of 2011, s. 5. 2 The words “and” was deleted, ibid., s. 6(1). 3
    Clause (e) was added, ibid., s. 6(2).
    19
    Number of
    peons in
    Revenue
    Courts.
    Stamping
    documents
    inadvertently
    received.
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
  28. 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.
  29. 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 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 : 1[Provided that, where court-fee is paid by e-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.]
    CHAPTER VII.
    MISCELLANEOUS. 43. (1) When any suit in a Court 2[or any proceeding instituted by
    presenting a petition to a Court under the Hindu Marriage Act, 1955,]
    is settled by agreement of parties before any evidence is recorded, or
    any appeal or cross objection is settled by agreement of parties before
    it is called on for effective hearing by the Court, half the amount of
    the fee paid by the plaintiff, 3[petitioner,] appellant, or respondent on
    the plaint, 4[petition,] appeal or cross objection, as the case may be,
    shall be repaid to him by the Court :
    Provided that, no such fee shall be repaid if the amount of fee paid
    does not exceed 5[twenty-five rupees] or the claim for repayment is
    not made within one year from the date on which the suit, 6[proceeding,] appeal or cross objecton was settled by agreement.
    1 This proviso was added by Mah. 25 of 2011, s. 7.
    2 These words were inserted by Mah. 33 of 1967, s. 2(a)(i).
    3 This word was inserted, ibid. s. 2(a) (ii).
    4 This word was inserted, ibid., s. 2(a)(iii).
    5 These words were substituted for the words “ five rupees “ by Mah. 18 of 2002, s. 4.
    6 This word was inserted by Mah. 33 of 1967, s 2(a)(iv).
    Amended
    document.
    Cancellation
    of stamps.
    Repayment
    of fee in
    certain
    circumstances.
    XXV
    of
    1955.
    20
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
    (2) The State Government may, from time to time, by order,
    provide for repayment to the plaintiffs, 1[petitioners,] 2[complaints
    under section 138 of the Negotiable Instruments Act, 1881,] appellants
    or respondents of any part of the fee paid by them on plaints, 3[petitions,] 4[complaints under section 138 of the Negotiable
    Instruments Act, 1881,] appeals or cross objections, in suits 5[complaints
    under section 138 of the Negotiable Instruments Act, 1881,]
    6[proceedings] or appeals disposed of under such circumstances and
    subject to such conditions as may be specified in the order.
    Explanation—For the purpose of this section, effective hearing
    shall exclude the dates when the appeal is merely adjourned without
    being heard or argued.
  30. 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 5 shall be deemed to prohibit
    such filing or exhibition.
  31. (1) The State 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, on conviction, be punished with
    imprisonment for a term which may extend to six months, or with
    fine which may extend to 7[two thousand rupees, but which shall not
    be less than five hundred rupees], or with both.
  32. The State Government may, from time to time, by notification
    in the Official Gazette, reduce or remit, in the whole or in any part
    of 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.
  33. Nothing in Chapters II and VI of this Act applies to the fees
    which any officer of the High Court is allowed to receive in addition
    to a fixed salary. 8[ * * * ]
    1 This word was inserted, by Mah. 33 of 1967, s. 2(b) (i). 2 These words and figures were inserted by Mah. 17 of 2008, s. 2 (i). 3 This word was inserted by Mah. 33 of 1967, s. 2(b) (ii). 4 These words and figures were inserted by Mah. 17 of 2008, s. 2(ii). 5 These words and figures were inserted, ibid., s. 2(iii). 6 This word was inserted, ibid., s. 2(b)(iii). 7 These words were substituted for the words “ five hundred rupees ” by Mah. 18 of 2002, s. 5.. 8 Section 47-A was deleted, ibid., s. 6.
    Sale of
    stamps.
    Power to
    reduce or
    remit fees.
    Saving of
    fees to
    certain
    offices of
    High Court.
    26 of
    1881.
    26 of
    1881.
    21
    Admission
    in criminal
    cases of
    documents
    for which
    proper fee
    has not
    been paid.
    26 of
    1881.
    H 1053—4
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
  34. Nothing in this Act shall be deemed to affect the stamp duties
    chargeable under any other law for the time being in force relating
    to stamp duties.
  35. (1) On the commencement of this Act, the laws specified in
    column 3 of Schedule IV hereto annexed shall be repealed in the
    manner and to the extent specified in column 4 thereof :
    Provided that, such repeal shall not affect the previous operation
    of any of the laws so repealed and anything done or any action taken
    (including any appointment, notification, order, rule, form, application,
    reference, notice, report or certificate made or issued) under any
    such law shall, in so far as it is not inconsistent with the provisions
    of this Act, be deemed to have been done or taken under the
    corresponding provision of this Act and shall continue to be in force
    accordingly, unless and until superseded by anything done or any
    action taken under this Act :
    Provided further that, all the fees shall be charged and collected
    under this Act at the rate in force on the date on which the document
    chargeable to court-fee is or was presented.
    (2) (a) All stamps in denominations of annas four or multiples
    thereof shall be deemed to be stamps of the value of twenty-five naya
    paise or, as the case may be, multiples thereof and valid accordingly.
    (b) If any person is possessed of a stamp or stamps in any
    denominations other than denominations of annas four or multiples
    thereof, and such stamps or stamps has or have not been spoiled, the
    Collector shall repay to such person the value of such stamp or
    stamps in money calculated in accordance with the provisions of
    sub-section (2) of section 14 of the Indian Coinage Act, 1906, upon
    such person delivering up, within six months from the commencement
    of this Act, such stamp or stamps to the Collector.
  36. On the commencement of this Act, the laws specified in
    column 3 of Schedule V thereto annexed shall be amended in the
    manner and to the extent specified in column 4 thereof.
  37. Notwithstanding anything contained in the Bombay Stamp
    Act, 1958, where court-fee is paid in a suit for partition in accordance
    with the provisions of clause (vii) of section 6 of this Act 1[the stamp
    duty] payable on a final order for effecting a partition passed by any
    Revenue Authority or any Civil Court under article 46 in Schedule 1
    to the Bombay Stamp Act, 1958 2[, shall be reduced by the amount
    of the Court-fee paid in such suit].
    1 These words were substituted for the words “ no stamp duty shall be ” by Mah. 34 of 1994,
    s. 2 (i).
    2 These words were added, ibid., s. 2 (ii).
    3 The marginal note was substituted, ibid., s. 2 (iii)
    Saving as to
    stamp
    duties.
    Repeal and
    saving.
    Amendment
    of Suits
    Valuation
    Acts.
    3[Reduction
    of court-fee
    from
    amount of
    stamps duty
    payable on
    final order
    of partition.]
    III of
    1906.
    Bom.
    LX of
    1958.
    Bom.
    LX of
    1958.
    22
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
  38. All rules made by the State Government under this Act shall
    be laid before each House of the State Legislature as soon as may be
    after they are made and shall be subject to such modifications as the
    State Legislature may make during the session in which they are so
    laid or the session immediately following :—
    SCHEDULE I.
    Ad valorem fees.
    Number. . . . Proper fee
    (1) (2) (3)
    1[1. Plaint or memorandum of
    appeal (not otherwise provided
    for in this Act) or, of cross
    objection presented to any Civil
    or Revenue Court.
    When the amount or value of
    the subject matter in
    dispute does not exceed
    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, upto five
    thousand rupees.
    When such amount or value
    exceeds five thousand
    rupees, for every hundred
    rupees, or part thereof, in
    exeess of five thousand
    rupees, upto ten thousand
    rupees.
    When such amount or value
    exceeds ten thousand
    rupees, for every five
    hundred rupees, or part
    thereof, in excess of ten
    thousand rupees, upto
    twenty thousand rupees.
    When such amount or value
    exceeds twenty thousand
    rupees, for every one
    thousand rupees, or part
    thereof, in excess of
    twenty thousand rupees,
    upto thirty thousand
    rupees.
    When such amount or value
    exceeds thirty thousand
    rupees, for every two
    thousand rupees, or
    part thereof, in excess of
    thirty thousand rupees,
    upto fifty thousand
    rupees.
    When such amount or value
    exceeds fifty thousand
    Two hundred
    rupees.
    Twelve rupees.
    Fifteen rupees.
    Seventy-five
    rupees.
    One hundred
    rupees.
    One hundred
    rupees.
    One hundred and
    fifty rupees. 1 Article 1 was substituted by Mah. 18 of 2002, s. 7.
    23
    Rules made
    by Government to be
    laid before
    State
    Legislature.
    H 1053—4a
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
    SCHEDULE I.—contd.
    Number. . . . Proper fee.
    (1) (2) (3)
    rupees, for every five
    thousand rupees, or part
    thereof, in excess of fifty
    thousand rupees, upto one
    lakh of rupees.
    When such amount or value
    exceeds one lakh of rupees,
    for every ten thousand
    rupees, or part thereof, in
    excess of one lakh of rupees,
    upto eleven lakh of rupees.
    When such amount or value
    exceeds eleven lakh of
    rupees, for every one lakh
    of rupees, or part thereof, in
    excess of eleven lakh of
    rupees:
    Provided that, the maximum
    fee leviable on the plaint or
    memorandum of appeal or
    of cross objection shall be
    three lakh of rupees. ].
    . . . . .
    . . . . .
    . . . . .
    Two hundred
    rupees.
    One thousand
    and two hundred
    rupees.
  39. Plaint in a suit for possession
    under 1[section 6 of the Specific
    Relief Act, 1963.]
  40. Plaint, application or petition
    (including memorandum of
    appeal), to set aside or modify
    any award 2[ * * *].
    3[3A. Application or petition
    (including Memorandum of
    Appeal) to set aside or modify
    arbitral award under the
    Arbitration and Conciliation
    Act, 1996.
    XLII of
    1963.
    A fee of one-half
    the amount prescribed in the
    scale under
    Article 1.
    A fee on the
    amount or value
    of the award
    sought to be set
    aside or modified,
    according to the
    scale prescribed
    under Article 1.
    A fee of one-half of
    the ad valorem
    fee on the
    amount or value
    of the award
    sought to be set
    aside or modified,
    according to the
    scale prescribed
    under Article-1.]
    1
    These words and figures were substituted for the words and figures “ the Specific Relief
    Act, 1877, section 9” by Mah. 23 of 1996, s. 4(b). 2 The words and figures “otherwise than under the Arbitration Act, 1940” were deleted by Mah.
    9 of 2010, s.2 (a). 3 Article 3A was inserted, ibid., s.2(b).
    24
    26 of
    1996.
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
    SCHEDULE I.—contd.
    Number . . . Proper fee
    (1) (2) (3)
  41. Plaint, application or petition
    (including memorandum of
    appeal) which is capable of
    being treated as a suit, to set
    aside a decree or order having
    the force of a decree.
  42. Plaint in a suit, application or
    petition (including memorandum
    of appeal), to set aside alienation
    to which the plaintiff, applicant
    or appellant, as the case may
    be, was a party, either directly
    or through a legal guardian
    other than de facto or ad hoc
    guardian, manager or partner
    or court.
  43. Plaint in a suit (including
    memorandum of appeal) for
    possession between the
    guardian and ward, trustee
    and beneficiary, principal and
    agent, wife and husband,
    executor or administrator and
    beneficiary, receiver and owner
    of property and between
    persons having fiduciary
    relationship.
  44. Any other plaint, application
    or petition (including memorandum of appeal), to obtain substantive relief capable of being
    valued in terms of monetary
    gain or prevention of monetary
    loss, including cases wherein
    application or petition is either
    treated as a plant or is described
    as the mode of obtaining the
    relief as aforesaid.
  45. Application for review of
    judgment if presented on or
    after the 1[thirtieth day], from
    the date of the decree.
  46. Application for review of
    judgment if presented before
    the 1 [thirtieth day] from the
    date of the decree.
    . . . . .
    . . . . .
    . . . . .
    . . . . .
    . . . . .
    . . . . .
    The same fee as
    is leviable on a
    plaint in a suit to
    obtain the relief
    granted in the
    decree or
    order, as the
    case may be.
    A fee on the
    extent of the
    value of alienation to be set
    aside, according
    to the scale
    prescribed under
    Article 1.
    A fee of one-half
    of the amount
    prescribed in
    the scale under
    Article 1.
    A fee on the
    amount of the
    m o n e t a r y
    gain, or loss to
    be prevented,
    according to
    the scale
    prescribed under
    Article 1.
    The fee leviable
    on the plaint or memoran- dum of appeal.
    One-half of the
    fee leviable on
    the plaint or
    memorandum
    of appeal.
    1 These words were substituted for the words “ ninetieth day ” by Mah. 50 of 1976, s. 3.
    25
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
    SCHEDULE I.—contd.
    Number . . . Proper fee
    (1) (2) (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, on the
    amount or value upto fifty
    thousand rupees.
    When the amount or value of
    the property in respect of
    which the grant of probate or
    letters is made exceeds fifty
    thousand rupees, on the part
    of the amount or value in
    excess of fifty thousand
    rupees upto two lakh rupees.
    When the amount or value of
    the property in respect of
    which the grant of probate or
    letters is made exceeds two
    lakh rupees, on the part of the
    amount or value in excess of
    two lakh rupees upto three
    lakh of rupees.
    When the amount or value of
    the property in respect of
    which the grant of probate or
    letters is made exceeds three
    lakh rupees, on the part of the
    amount or value in excess of
    three lakh of rupees :
    Provided that when, after the
    grant of a certificate under
    Part X of the Indian Succession
    Act, 1925, or under Bombay
    Regulation VIII of 1827 or any
    corresponding law for the time
    being in force, in respect of
    any property included in an
    estate, a grant of probate or
    letters of administration is
    made in respect of the same
    estate, the fee payable in
    respect of the later grant shall
    be reduced by the amount of
    the fee paid in respect of the
    former grant.]
    Two per cent.
    Four per cent.
    Six per cent.
    Seven and half
    per cent.,
    subject to the
    maximum of
    75,000 rupees.
    1[ 10. Probate of a will or letters
    of administration with or without will annexed.
    1 Article 10 was substituted by Mah.34 of 1994, s.3.
    26
    XXXIX
    of
    1925.
    Reg.
    VIII of
    1827.
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
    SCHEDULE I.—contd.
    Number . . . Proper fee
    (1) (2) (3)
    The fee leviable
    in the case of a
    probate (Article
    10) on the
    amount or
    value of any
    debt or security
    specified in the
    c e r t i f i c a t e
    under section
    374 of the Act,
    and 1[two times]
    this fee on the
    amount or
    value of any
    debt or security
    to which the
    certificate is
    extended under
    section 376 of
    the Act.
    Note.—(1) The
    amount of a
    debt is its amount
    i n c l u d i n g
    interest on the
    day on which
    the inclusion of
    the debt in the
    certificate is
    applied for, so
    far as such
    amount can be
    ascertained;
    (2) Whether or
    not any power
    with respect
    to a security
    specified in a
    c e r t i f i c a t e
    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
    dividend on, or
    for the
    negotiation or
    transfer of the
    security, or for
    the both
    purposes the
    value of the
  47. Certificate under Part X of
    the Indian Succession Act, 1925.
    . . . . .
    1 These words were substituted for the words“one and a half time” by Mah. 18 of 2002, s.7 (b).
    27
    XXXIX
    of
    1925.
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
    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.
    The fee leviable
    in the case of a probate (Article
    10) on the
    amount or value
    of the property
    in respect of
    which the
    certificate is
    granted.
    The fee leviable
    on a plaint in a
    suit or the same
    relief, subject to
    a minimum fee
    of 2[one hundred
    rupees.].
    One half of advalorem fee on
    the difference,
    if any, between
    the amount
    awarded by the
    Collector and the
    amount claimed
    by the applicant,
    according to
    the scale prescribed under
    Article 1 of
    Schedule I,
    subject to a
    minimum fee of
    7[fifty rupees.]
    SCHEDULE I.—contd.
    Number . . . Proper fee
    (1) (2) (3)
  48. Certificate under Bombay
    Regulation VIII of 1827 or
    under any corresponding
    law in force.
    . . . . .
  49. Plaint presented with
    an originating summons
    under the Rules of the High
    Court of Bombay (Original
    Side),1[1980].
    3[* * * * * ]
    1 These figures were substituted for the figures “ 1957” by Mah. 23 of 1996, s. 4 (c)(i). 2 These words were substituted for the words “ sixty rupees” by Mah, 18 of 2002, s.7 (c). 3 Article 14 was deleted by Mah. 18 of 1960, s. 3(b), 4 These words were substituted for the words “ pre-reorganisation State of Bombay excluding
    the transferred territories” by the Maharashtra Adaptation of Laws (State and Concurrent
    Subjects) Order, 1960. 5 These words were substituted for the words “ or Kutch area of the State of Bombay”, ibid. 6 The portion from “ or section 18″ to “Ordinance, 1948″ was omitted, ibid. 7 These words were substituted for the words “ thirty rupees” by Mah. 18 of 2002, s. 7(d).
  50. Application to the
    Collector for a reference to
    the Court under section 18
    of the Land Acquisition Act,
    1894, in its application to the
    4[Bombay area] or the
    Vidarbha region 5[of the
    State of Maharashtra] 6[**]
    or section 14 of the Land
    Acquisition Act in its
    application to the Hyderabad
    area of that State, as the
    case may be.
    . . . . .
    Reg.
    VIII
    of
    1827.
    I of
    1894.
    Hyd.
    IX of
    1309
    Fasli.
    28
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
    One-half of ad
    valorem fee
    leviable on the
    amount in dis- pute 2[(namely,
    the difference
    between the
    amount of tax
    actually assessed
    and the amount
    of tax admitted
    by the assessee
    as payable by
    him),] subject to
    the minimum
    fee of 3[one
    hundred twentyfive rupees.]
    Ad valorem fee
    leviable on the
    amount in
    dispute, that is,
    the difference
    between the
    amount of tax
    actually assessed
    and the amount
    of tax admitted
    by the assessee
    as payable by
    him, subject to
    maximum fee
    of Rs. 10,000.
    One-half of the
    ad valorem fee
    leviable on the
    amount of
    dispute that
    is, the difference
    between the
    amount of tax
    actually assessed
    and the amount
    of tax admitted
    by the assessee
    as payable by
    him, subject to
    the maximum
    of Rs. 5,000.]
    SCHEDULE I.—contd.
    Number . . . Proper fee
    (1) (2) (3)
  51. Application or petition
    made by any assessee to the
    High Court 1[under sub-sction
    (2) of section 256 of the
    Income Tax Act, 1961].
    . . . . .
    1 These words, brackets and figures were substituted for the words and figures “ under
    section 66 of the Indian Income Tax Act, 1922 ”, by Mah. 23 of 1996, s. 4(e)(i). 2 This portion was substituted for the brackets and words “ (namely, the difference between
    the amount actually assessed and the amount admitted by the assessee as assessable)”,
    by Mah. 18 of 1960, s.3(c). 3 These words were substituted for the words “one hundred rupees” by Mah. 18 of 2002,
    s. 7(e). 4 Articles 16A and 16B were inserted by Mah. 26 of 2000, s.2(b).
    4[16A. An appeal filed after the lst
    June 1999 and pending
    before the High Court
    against the order passed in
    appeal by the Appellate
    Tribunal, under section
    260A(2) of the Income Tax
    Act, 1961.
    16B. An appeal filed after the 1st
    June 1999 and pending before
    the High Court against the
    order passed in appeal by
    the Appellate Tribunal,
    under section 27A of the
    Wealth Tax Act, 1957.
    XLIII
    of
    1961.
    43 of
    1961.
    27 of
    1957.
    29
    H 1053—5
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
    One-half of ad
    valorem fee
    leviable on the
    amount in dispute 2[(namely,
    the difference
    between the
    amount of
    tax actually
    assesssed and
    the amount of
    tax admitted
    by the assessee as payable by
    him),] subject
    to the minimum
    fee of 3[one
    hundred fifty
    rupees.]
    Two hundred
    rupees.
    Two hundred
    rupees for every
    ten thousand
    rupees or part
    thereof subject
    to the maximum of rupees
    one lakh fifty
    thousand.]
    SCHEDULE I.—contd.
    Number . . . Proper fee
    (1) (2) (3)
  52. Application or petition made
    by any person (other than the
    Collector or the Commissioner)
    to the High Court under any
    provision of the sales tax law
    for the time being in force in
    any part of the 1[State of
    Maharashtra].
    . . . . .
    1 These words were substitute for the words “ State of Bombay”, by Mah. 23 of 1996, s. 4(f)(i). 2 This portion was substituted for the words “ (namely, the diffrance between the amount
    actually assessed and the amount admitted by the assesee as assessable)” by Mah. 18 of
    1960, s.3(c). 3 These words were substituted for the words“one hundred”, by Mah. 18 of 2002, s. 7(f). 4 Article 18 was inserted by Mah. 17 of 2008, s.3.
    4[18. Application or petition
    containing complaint or charge
    of an offence under section
    138 of the Negotiable
    Instruments Act, 1881.
    (A) When the amount of
    cheque does not exceed ten
    thousand rupees.
    (B) When the amount of
    cheque execeeds ten thousand
    rupees.
    26 of
    1881.
    30
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
    SCHEDULE I.—contd. 1[Table of rates of ad valorem fees leviable on the institution of suits.
    When the When the
    amount or amount or
    value of the But does Proper value of the But does Proper
    subject- not fee. Subject- not fee.
    matter exceed. matter exceed.
    exceeds. exceeds.
    (1) (2) (3) (1) (2) (3)
    1 This Table of rates of ad-valorem fees leviable on the institution of suits, etc.
    was substituted by Mah. 18 of 2002, s.7(g).
    31
    . . . . 1,000 200
    1,000 1,100 212
    1,100 1,200 224
    1,200 1,300 236
    1,300 1,400 248
    1,400 1,500 260
    1,500 1,600 272
    1,600 1,700 284
    1,700 1,800 296
    1,800 1,900 308
    1,900 2,000 320
    2,000 2,100 332
    2,100 2,200 344
    2,200 2,300 356
    2,300 2,400 368
    2,400 2,500 380
    2,500 2,600 392
    2,600 2,700 404
    2,700 2,800 416
    2,800 2,900 428
    2,900 3,000 440
    3,000 3,100 452
    3,100 3,200 464
    3,200 3,300 476
    3,300 3,400 488
    3,400 3,500 500
    3.500 3,600 512
    3.600 3,700 524
    3,700 3,800 536
    3,800 3,900 548
    3,900 4,000 560
    4,000 4,100 572
    4,100 4,200 584
    4,200 4,300 596
    4,300 4,400, 608
    4,400 4,500 620
    4,500 4,600 632
    4,600 4,700 644
    4,700 4,800 656
    4,800 4,900 668
    4,900 5,000 680
    5,000 5,100 695
    5,100 5,200 710
    5,200 5,300 725
    5,300 5,400 740
    5,400 5,500 755
    5,500 5,600 770
    5,600 5,700 785
    5,700 5,800 800
    5.800 5,900 815
    5,900 6,000 830
    6,000 6,100 845
    Rs. Rs. Rs. Rs. Rs. Rs.
    H 1053—5a
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
    SCHEDULE I.—contd.
    Table of rates of ad valorem fees leviable on the institution of suits.
    (1) (2) (3) (1) (2) (3)
    32
    6,100 6,200 860
    6,200 6,300 875
    6,300 6,400 890
    6,400 6,500 905
    6,500 6,600 920
    6,600 6,700 935
    6,700 6,800 950
    6,800 6,900 965
    6,900 7,000 980
    7,000 7,100 995
    7,100 7,200 1,010
    7,200 7,300 1,025
    7,300 7,400 1,040
    7,400 7,500 1,055
    7,500 7,600 1,070
    7,600 7,700 1,085
    7,700 7,800 1,100
    7,800 7,900 1,115
    7,900 8,000 1,130
    8,000 8,100 1,145
    8,100 8,200 1,160
    8,200 8,300 1,175
    8,300 8,400 1,190
    8,400 8,500 1,205
    8,500 8,600 1,220
    8,600 8,700 1,235
    8,700 8,800 1,250
    8,800 8,900 1,265
    8,900 9,000 1,280
    9,000 9,100 1,295
    9,100 9,200 1,310
    9,200 9,300 1,325
    9,300 9,400 1,340
    9,400 9,500 1,355
    9,500 9,600 1,370
    9,600 9,700 1,385
    9,700 9,800 1,400
    9,800 9,900 1,415
    9,900 10,000 1,430
    10,000 10,500 1,505
    10,500 11,000 1,580
    11,000 11,500 1,655
    11,500 12,000 1,730
    12,000 12,500 1,805
    12,500 13,000 1,880
    13,000 13,500 1,955
    13,500 14,000 2,030
    14,000 14,500 2,105
    14,500 15,000 2,180
    15,000 15,500 2,255
    15,500 16,000 2,330
    16,000 16,500 2,405
    16,500 17,000 2,480
    17,000 17,500 2,555
    17,500 18,000 2,630
    18,000 18,500 2,705
    18,500 19,000 2,780
    19,000 19,500 2,855
    19,500 20,000 2,930
    20,000 21,000 3,030
    21,000 22,000 3,130
    22,000 23,000 3,230
    23,000 24,000 3,330
    24,000 25,000 3,430
    Rs. Rs. Rs. Rs. Rs. Rs.
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
    SCHEDULE I.—contd.
    Table of rates of ad valorem fees leviable on the institution of suits, etc.
    (1) (2) (3) (1) (2) (3)
    33
    and the fees increases at the rate of Rupees 200 for every Rupees 10,000 or part
    thereof over Rupees one lakh upto Rupees 11,00,000 and over Rupees 11,00,000
    at the rate of Rupees 1,200 for every Rupees 1,00,000 or part thereof, upto a
    maximum fee of Rupees 3,00,000 for example :—
    Rs. Rs. Rs. Rs.
    1,00,000 6,430 9,00,000 22,430
    2,00,000 8,430 10,00,000 24,430
    3,00,000 10,430 11,00,000 26,430
    4,00,000 12,430 12,00,000 27,630
    5,00,000 14,430 13,00,000 28,830
    6,00,000 16,430 14,00,000 30,030
    7,00,000 18,430 15,00,000 31,230.]
    8,00,000 20,430
    25,000 26,000 3,530
    26,000 27,000 3,630
    27,000 28,000 3,730
    28,000 29,000 3,830
    29,000 30,000 3,930
    30,000 32,000 4,030
    32,000 34,000 4,130
    34,000 36,000 4,230
    36,000 38,000 4,330
    38,000 40,000 4,430
    40.000 42,000 4,530
    42,000 44,000 4,630
    44,000 46,000 4,730
    46,000 48,000 4,830
    48,000 50,000 4,930
    50,000 55,000 5,080
    55,000 60,000 5,230
    60,000 65,000 5,380
    65,000 70,000 5,530
    70,000 75,000 5,680
    75,000 80,000 5,830
    80,000 85,000 5,980
    85,000 90,000 6,130
    90,000 95,000 6,280
    95,000 1,00,000 6,430
    Rs. Rs. Rs. Rs. Rs. Rs.
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
    SCHEDULE II.
    Fixed Fees.
    Number . . . Proper fee.
    (1) (2) (3)
    (a) When presented to any
    officer of the 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 temporarily
    settled land under direct
    engagement with Government, and when the subjectmatter of the application or a
    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 jurisciction ;
    or to any Court of Small Causes
    constituted under the
    Provincial Small Cause Courts
    Act, 1887, or to a Collector
    or other officer of revenue or
    to a public officer in relation
    to any suit or case in which
    the amount of value of the
    subject-matter is less than
    fifty rupees 2[* * * ] ;
    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
  53. Application or petition. .. 1[five rupees]
    1 These words were substituted for the words “one rupee” by Mah. 18 of 2002,
    s. 8(a)(l). 2 The portion beginning with the words “not being an application” and ending with the words
    “for the time being in force” was delated by Mah. 23 of 1996, s. 5 (1)(a).
    IX of
    1887.
    34
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
    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. 1[* * * ]
    2[(c) (i) When containing a
    complaint or charge of any offence other than the
    offence under the Negotiable
    Instruments Act, 1881.
    3[* * * ]
    (d) When presented to any
    competent authority for the
    purpose of obtaining a certificate of domicile.
    (e) When presented to a
    Chief Controlling Revenue or
    Executive Authority or to a
    Commissioner of Revenue
    or to any Chief Officer
    charged with the executive
    administration of a division
    and not otherwise provided for
    by this Act.
    (f) When presented to
    the High Court—
    (i)
    6[ . .] for directions, orders
    or writs under article 226 of
    the Constitution for any purpose other than the enforcement of the fundamental
    rights conferred by Part III
    thereof ;
    (ii) for directions, orders or
    writs, under article 226 for
    the enforcement of any of the
    fundamental rights conferred
    by Part III of the Constitution or for the exercise of its
    jurisdiction under article 227
    thereof ;
    (iii) in any other case not
    otherwise provided for by this
    Act.
    SCHEDULE II.—contd.
    Number . . . Proper fee
    (1) (2) (3)
    Five rupees,
    4[Ten rupees].
    7[0ne hundred
    twenty-five
    rupees.]
    8[Two hundred
    and fifty
    rupees.]
    5[Ten rupees].
    9[Twenty rupees].
    1 Clause (b) was deleted by Mah. 23 of 1996, s. 5 (1)(c). 2 Clause (c) was substituted by Mah. 18 of 2002, s.8(a)(2). 3 Sub-clause (ii) was deleted by Mah. 17 of 2008, s.4. 4 These words were substituted for the words “ Two rupees” by Mah. 18 of 2002, s.8(3). 5
    These words were substituted far the words “ Five rupees ”, by Mah. 18 of 2002, s. 8(4). 6 These words and figures “ under section 45 of the Specific Relief Act, 1877 or ” were deleted by
    Mah. 23 of 1996, s. 5 (1)(g). 7
    These words were substituted for the words “One hundred rupees”, by Mah. 18 of 2002, s.
    8(5) (i). 8 These words were substituted for the words “Forty rupees ”, ibid., s. 8(5) (ii). 9 These words were substituted for the words “Ten rupees ”, ibid., s. 8(5) (iii).
    26 of
    1881.
    35
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
    . . . .
    When the Court grants the
    application and is of opinion
    that the transmission of such
    records involves the use of the
    post.
    . . . .
    . . . .
    (a) When presented a District
    Court.
    (b) When presented to a
    Commissioner or the High
    Court.
    . . . .
    . . . .
    SCHEDULE II.—contd.
    Number . . . Proper fee
    (1) (2) (3)
    1 2. Revision application when [Fifty rupees],
    presented to the High Court
    under section 25 of the
    Provincial Small Cause Courts
    Act, 1887 or section 115 of the
    Code of Civil Procedure, 1908.
  54. Application to any Civil Court
    that records may be called for
    from another Court.
  55. 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.
  56. Application for leave to sue
    as a pauper.
  57. Application for leave to
    appeal as a pauper.
  58. Plaint or memorandum of
    appeal in a suit to obtain possession under the Mamlatdars
    Court Act, 1906.
  59. Plaint or memorandum of
    appeal in a suit to establish or
    disprove a right of occupancy.
    2[Five rupees] in
    addition to any
    fee levied on
    the application
    under clause (a),
    clause (c) or
    clause (f) of
    Article 1 of this
    Schedule. 3[Five rupees].
    4[Fivc rupees].
    5[Five repees].
    7[Twenty-five
    rupees],
    1 These words were substtated for the words “ Twenty rupees ”, by Mah. 18 of 2002, s. 8(b). 2 These words were substituted for the words “ Four rupees ”, ibid., s. 8(c). 3 These words were substituted for the words “ One rupee ”, ibid., s. 8(d). 4 These words were substituted for the words “ Two rupees ”, ibid., s. 8(e). 5 These words were substituted for the words “ Four rupees ”, ibid., s. 8(f)(1). 6 These words were subtituted for the words “ Ten rupees ”, ibid., s. 8(f)(2). 7 These words were substituted for the words “ Ten rupees ”, ibid., s. 8(g). 8 These words were substituted for the words “ Two rupees ”, ibid., s. 8(h).
    8[Ten rupees].
    6[Twenty rupees],
    IX of
    1887.
    V of
    1908.
    Bom
    II of
    1906.
    36
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
    . . . .
    . . . .
    . . . . When presented for the con- duct 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 ;
    (b) to the High Court.
    (a) to any Civil 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;
    (b) to the Chief Controlling
    Executive or Revenue
    Authority;
    (c) to the High Court
    SCHEDULE II—contd.
    Number Proper fee
    (1) (2) (3)
    2[Ten rupees].
    3[Five rupees].
    4[Ten rupees].
    1[9. Bail-bond or other instrument of obligation given in
    pursuance of an order made by
    a Court or Magistrate under of
    the Code of Criminal Procedure,
    1973, or under the Code of Civil
    Procedure, 1908.
  60. All other bail-bonds given
    under the Code of Criminal
    Procedure, 1973, and recognizance to prosecute and recognizances for personal appearance
    or otherwise.
  61. Undertaking under section
    49 of the Indian Divorce
    Act,1869.
  62. Mukhtarnama or Wakalat- noma.
  63. Memorandum of appeal
    when the appeal is not from
    decree or an order having
    the force of a decree, and is
    presented—
    7[Five rupees],
    5[Ten rupees].
    6[Fifteen rupees].
    1 These articles were substituted for articles 9 and 10 respectively by Mah. 12 of 1976, s. 2. 2 These words were substituted for the words “ Five rupees ” by Mah. 18 of 2002, s. 8(i). 3 These words were substituted for the words “ One rupee ”, ibid., s. 8(j). 4 These words were substituted for the words “ Five rupees ”, ibid., s. 8(k). 5 These words were substituted for the words “ Three rupees ” ibid., s. 8(l)(1). 6 These words were substituted for the words “ Five rupees ”, ibid., s. 8(l)(2). : 7 These words were substituted for the words “ Two rupees ”, ibid., s. 8(m)(1). 8 These words were substituted for the words “ Five rupees ”, ibid., s. 8(m)(2). : 9 These words were substituted for the words “ Ten rupees ”, ibid., s. 8(m)(3).
    8[Ten rupees],
    9[Twenty-five
    rupees].
    2 of
    1974.
    V of
    1908.
    IV of
    1869.
    37
    2 of
    1974.
    H 1053—6
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
    1[(i) When presented to the
    High Court.
    (ii) When presented to the
    Court other than High Court.
    . . . .
    . . . .
    . . . .
    . . . . When the amount or value of
    the estate does not exceed
    two thousand rupees.
    When it exceeds two thousand rupees, but does not
    exceed five thousand rupees.
    When it exceeds five thousand
    rupees.
    . . . .
    When the amount or value of
    the property exceeds five
    hundred rupees.
    SCHEDULE II.—contd.
    Number . . . Proper fee
    (1) (2) (3)
  64. Caveat . . . .
  65. Application for permission
    to cut timber in Government
    forests, or otherwise relating to
    such forests.
  66. Memorandum of appeal
    presented to—
    (a) the State Government. ..
    (b) any Forest Officer, where
    such appeal is provided for,
    by or under the Indian Forest
    Act, 1927 or any corresponding
    law in force.
  67. Petition in a suit under the
    Native Converts’ Marriage
    Dissolution Act, 1866.
  68. Application—
    (a) under section 20 of the
    Arbitration Act, 1940;
    (b) for probate or letters of
    administration or for revocation
    thereof under the Indian Succession Act, 1925.
    (c) for a certificate under part
    X of the Indian Succession Act,
    1925, or Bombay Regulation
    VIII of 1827 or any corresponding law for the time
    being in force;
    (d) for opinion or advice or for
    discharge from a Trust, or for
    appointment of new Trustees
    under section 34, 72, 73 or 74
    of the Indian Trusts Act, 1882;
    (e) under rule 58 of Order XXI
    of the Code of Civil Procedure,
    1908 regarding a claim to
    attached property.
    Fifty rupees.
    Twenty-five
    rupees.]
    2[Five rupees}.
    3[Twenty rupees]
    4[Four rupees].
    5[One hundred
    rupees].
    6[Fifty rupees].
    7[Ten rupees}.
    8[Thirty rupees].
    9[Fifty rupees].
    9[Fifty rupees],
    1 These entries were substituted by Mah. 18 of 2002, s. 8 (n). 2 These words were substituted for the words “ One rupee ”, ibid., s. 8 (o). 3 These words were substituted for the words “ Ten rupees ”, ibid., s. 8 (p)(1). 4 These words were substituted for the words “ Two rnpees ”, ibid., 8 (p) (2). 5 These words were substituted for the words “ Seventy-five rupees ”, ibid., s. 8(q). 6 These words were subsituted for the words “ Thirty rupees”, ibid., s. 8 (r)(1). 7 These words were subsituted for the words “ Five rupees”, ibid., s. 8 (r)(2). 8 These words were substituted for the words “ Fifteen rupees ”, ibid., s. 8(r) (3) (i). 9 These words were substituted for the words “ Twenty-five rupees ”, ibid., s. 8 (r) (3) (ii),
    (4) and (5).
    XVI
    of
    1927.
    XXI
    of
    1866.
    X of
    1940.
    XXXIX of
    1925.
    XXXIX of
    1925.
    II of
    1882.
    V of
    1908.
    38
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
  69. Agreement in writing stating a question for the opinion
    of the Court under the Code of
    Civil Procedure, 1908.
  70. Every petition under the
    Indian Divorce Act, 1869 except
    petitions under section 44 of
    that Act and every memorandum of appeal under section 55
    of that Act.
  71. Plaint, application, petition,
    or memorandum of appeal
    under the Parsi Marriage and
    Divorce Act, 1936, the Special
    Marriage Act, 1954 or the Hindu
    Marriage Act, 1955 :
    Provided that, where in addition
    to divorce damages are claimed.
  72. Petitions under the Indian
    Christian Marriage Act, 1872,
    sections 45 and 48.
  73. Plaint, petition or application (including memorandum of
    appeal) which is capable of
    being treated as a suit—
    (a) for annulment of marriage ;
    (b) for dissolution of marriage ;
    (c) in suit for custody of minor ;
    (d) for restitution of conjugal
    rights ;
    (e) for judicial scparation; ..
    SCHEDULE II—contd.
    Number Proper fee
    (1) (2) (3)
    1[Seventy-five
    rupees].
    2[One hundred
    rupees].
    2[One hundred
    rupees].
    A fee as above
    plus a fee on the
    amount of
    damages claimed
    according to the
    scale prescribed
    under Article 1
    of Schedule I]. 3[Ten rupees].
    4[One hundred
    rupees]. 4[One hundred
    rupees]. 5[Seventy-five
    rupees].
    ‘4[0ne hundred
    rupees].
    . . . .
    . . . .
    . . . .
    . . . .
    . . . .
    . . . .
    . . . .
    . . . .
    . . . .
    . . . .
    . . . .
    4[0ne hundred
    rupees].
    1 These words were substituted for the words “ Fifty rupees”, by Mah. 18 of 2002, s. 8 (s). 2 These words were substituted for the words “ Seventy-five rupees ” ibid., s. 8 (t) and (u). 3 These words were substituted for the words “ Five rupees ”, ibid., s. 8 (v). 4 These words were substituted for the words “ Seventy-five rupees “, ibid., s. 8 (w) (1) and
    (2) and (4) and (5). 5 These words were substituted for the words “ Fifty rupees ”, ibid., s. 8 (w) (3).
    V of
    1908.
    IV of
    1869.
    III of
    1936.
    XLIII
    of
    1954.
    XXV
    of
    1955.
    XV of
    1872.
    39
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
    (f) in or to any Civil Court not
    otherwise provided for and
    the subject-matter of which
    is not capable of being estimated in money value.
  74. Copy or translation of a
    judgment or order not being,
    or having the force of, a decree.
  75. Copy of a decree or order
    having the force of a decree.
  76. Copy of any document
    (including power of attorney)
    liable to stamp-duty under
    the Bombay Stamp Act, 1958
    or the Indian Stamp Act, 1899
    or any corresponding law in
    force, as the case may be, when
    left by any party to a suit
    or proceeding in place of the
    original withdrawn.
  77. Copy of any revenue or
    judicial proceeding or order
    not otherwise provided for by
    this Act, or copy of any amount,
    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.
    SCHEDULE II—contd.
    Number . . . Proper fee
    (1) (2) (3)
    2 When such judgment or order [Five rupees].
    is given or made by any Civil
    Court other than the High
    Court, or by any Revenue
    Court;
    When such judgment or order
    is given or made by the High
    Court.
    3[Ten rupees.]
    1[Ad valorem
    fee payable, as if
    the amount or
    value of the
    subject-matter
    was three hundred rupees.]
    3 When such decree or order is [Ten rupees.]
    made by any Civil Court other
    than the District Court or High
    Court, or by any Revenue
    Court;
    When such decree or order is
    made by the District Court;
    When such decree or order is
    made by the High Court.
    1 These words were substituted for the words “ Thirty rupees ” by Mah. 9 of 1970, s. 5. 2 These words were substituted for the words “ Two rupees ” by Mah.18 of 2002, s. 8 (x) (1). 3 Thess words were substituted for the words “ Five rupees ”, ibid., s. 8 (x) (2) and (y) (1). 4 These words were substituted for the words “ Ten rupees ”, ibid., s. 8 (y) (2). 5 These words were substituted for the words “ Fifteen rupees ”, ibid., s. 8 (y) (3). 6 These words were substituted for the words “ Ten rupees ”, ibid., s. 8 (z) (1). 7 These words were substituted for the words “ One rupee ”, ibid., s. 8 (z) (2) (i). 8 These words were substituted for the words “ Ten rupees ”, ibid-, s.8 (z) (2) (ii). 9 These words were substituted for the words “ One rupee ”, ibid., s. 8. (z-a).
    4[Twenty rupees.]
    5[Twenty-five
    rupees.]
    (a) When the stamp duty
    chargeable on the original
    does not exceed 6[Twenty
    rupees.]
    (b) In any other case.
    7[Two rupees.]
    8[Twcnty rupees.]
    9 For every three hundred and [Five rupees.]
    sixty words or fraction of three
    hundred and sixty words.
    . . . .
    Bom.
    LX of
    1958
    II of
    1899.
    40
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
  78. Application made under the
    Bombay Money-lenders Act,
    1946 or under any corresponding law in force.
  79. Application presented to any
    Registration Officer for search
    of registration records.
  80. Appeal or application to the
    Registrar under section 72 or,
    73, as the case may be, of the
    3[Regisration Act, 1908.]
    5[31. (a) Application for a
    licence under sub-clause (i) of
    clause (w) ;
    (b) Application for certificate of
    registration under clause (xa)
    of sub-section (1) of section 33
    of the Bombay Police Act, 1951.]
  81. Application or appeal to the
    Regional or State Transport
    Authority or the State Government under 6[Chapter IV of the
    Motor Vehicles Act, 1988].*
  82. Election petition questioning the election of a person in
    respect of the office—
    (a) of Sarpanch or UpaSarpanch or member of a
    Panchayat ;
    (b) of councillor or member of
    9[a Municipal Council, Zilla
    Parishad, Panchayat Samiti]
    or such other Local Authority ;
    SCHEDULE II—contd.
    Number . . . . Proper fee
    (1) (2) (3)
    . . . .
    . . . .
    1[Tcn rupees.]
    2[Five rupees.]
    4[Five rupees.]
    4[Five rupees.]
    7[Twenty rupees.]
    8[Fifty rupees].
    1 These words were substituted for the words “ Five rupees ” by Mah. 18 of 2002, s. 8 (z-b). 2 These words were substituted for the words “ Two rupees ”, ibid., s. 8 (z-c). 3 These words and figures were substituted for the words and figures “ Indian Registration
    Act, 1908” by Mah. 23 of 1996, s.30 (a). 4 These words were substituted for the words “ Two rupees ”, by Mah. 18 of 2002,
    s. 8 (z-d) and (z-e). 5 Article 31 was substituted for the original by Mah. 50 of 1974, s.2. 6 These words, letters and figures were substituted for the words, letters and figures
    “Chapter IV of the Motor Vehicles Act, 1939” by Mah. 23 of 1996, s. 5(32)(a). 7 These words were substituted for the words “Ten rupees” by Mah. 18 of 2002, s. 8 (z-f)
    8 These words were substituted for the words “ Twenty rupees ” ibid., s. 8 (z-g) (i). 9 These words were substituted for the words “ a Municipality, District Local Board ” by Mah. 23
    of 1996, s.5 (33) (b). 10 These words were substituted for the words “ One hundred rupees ” by Mah. 18 of 2002, s. 8,
    (z-g)(ii).
    10[One hundred
    fifty rupees].
    . . . .
    . . . .
    . . . .
    . . . .
    . . . .
    Bom.
    XXXI
    of
    1947.
    XVI
    of
    1908.
    Bom.
    XXII
    of
    1951.
    59 of
    1988.
    41
    (G.C.P.) H 1053—7 (7,042—10-2012)
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
    1[(c) of Mayor or Councillor of the
    Municipal Corporation of
    Greater Bombay or Mayor or
    Deputy Mayor or Councillor of
    the Corporation of the City of
    Nagpur or a Municipal Corporation established under the
    Bombay Provincial Municipal
    Corporations Act, 1949, or
    President, Vice-President,
    Chairman or Deputy Chairman
    of any local authority referred
    to in clause (b).].
  83. Application or petition to
    the Court under sections 391,
    439 or 522 of the Companies
    Act, 1956,
    Any other application or petition
    to the Court for Judicial action
    or relief under the said Act, not
    otherwise provided for under
    this Act.
  84. Application—
    (a) for order of arrest or
    attachment before judgment
    or for temporary injunction;
    (b) for compensation for arrest
    or attachment before judgment or in respect of temporary injunction obtained on
    insufficient grounds;
    (c) for the appointment of a
    receiver in a case in which the
    applicant has no present right
    of possession of the property
    in dispute;
    (d) for setting aside decree
    passed ex-parte or for review
    of order dismissing suit for
    default.
  85. Appeal or application to the
    Co-operative Tribunal.
  86. Application made by a party
    to the Magistrate under section
    145 of the 9[Code of Criminal
    Procedure, 1973].
    SCHEDULE II.—contd.
    Number . . . Proper fee
    (1) (2) (3)
    3[Two hundred
    rupees.]
    2[Five hundred
    rupees.]
    4[Forty rupees].
    5[Ten rupees].
    5[Ten rupees].
    6[Twenty rupees].
    1 Clause (c) was substituted by Mah. 23 of 1996, s. 5 (33) (d). 2 These words were substituted for the words “ Two hundered rupees” by Mah. 18 of 2002,
    s. 8(z-g) (iii). 3 These words wers subtituted for the words “ One hundred rupees ”, ibid., s. 8 (z-h) (1). 4 These words were substitued for the words “ Twenty rupees ”, ibid., s. 8 (z-h) (2). 5 These words were substituted for the words “ Five rupees ”, ibid, s. 8 (z-i) (1) and (2). 6 These words ware substituted for the words “ Ten rupees ”, ibid, s. 8 (z-i) (3). 7 These words were substituted for the words “ Two rupees ”, by Mah. 18 of 2002 s.8 (z-i) (4). 8 These words were substituted for the words “ Ten rupees ”, ibid., s. 8 (z-j) . 9 These words and figures were subtituted for the words and figures “ Code of Criminal
    Procedure, 1898,” by Mah. 23 of 1996, s. 5 (37). 10 These words were substitued for the words “ One rupee ”, by Mah. 18 of 2002, s. 8 (z-k).
    . . . .
    7[Five rupees].
    . . . .
    . . . .
    . . . .
    . . . .
    . . . .
    . . . .
    8[Twenty-five
    rupees]. 10[Ten rupees.]
    . . . .
    . . . .
    Bom.
    LIX
    1949.
    I of
    1956.
    II of
    1974.
    42
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
    1[38. Memorandum of appeal or
    application for revision or review presented under Chapter
    XIII of the Maharashtra Land
    Revenue Code, 1966 to—
    (a) Appellate Authority
    (b) State Government
    4[38A. Application, reference
    complaint, appeal or, as the case
    may be, revision application
    filed under the Maharashtra
    Recognition of Trade Unions
    and Prevention of Unfair
    Labour Practices Act, 1971,—
    (a) application to the Labour
    Court under section 25,—
    (i) by the employer for declaration that the strike is illegal.
    (ii) by a recognised union that
    the lockout is illegal.
    (b) complaint under section 28 to
    the Labour Court with reference to item 1 of Schedule IV
    to the Act.
    (i) by any union
    (ii) by any employee
    (c) complaint to the Industrial
    Court under section 28 regarding any item in Schedule
    5[II, III or IVl to the Act.
    (i) when by any union
    (ii) by any employee.
    (d) appeal under section 42
    and revision under section 44
    to the Industrial Court
    (e) application filed under section
    50.
    (f) other miscellaneous matters
    not provided in the Act or any
    of the above entries.
    38B. Application or reference
    under the Industrial Disputes
    Act, 1947,—
    (a) under section 2 (k)
    (b) to the Labour Court under
    section 2-A in any dispute or
    difference between workman
    and his employer connected
    with or arising out of discharge,
    dismissal, retrenchment or termination of the workman.
    SCHEDULE II.—contd.
    Number Proper fee
    (1) (2) (3)
    2[Fifty rupees]. 3[Fifty rupees].
    Two hundred and
    fifty rupees.
    Hundred rupees.
    Twenty rupees.
    Fifty rupees.
    Fifty rupees.
    Fifty rupees.
    Twenty rupees.
    . . . .
    . . . .
    . . . .
    . . . .
    . . . .
    . . . .
    . . . .
    . . . .
    1 Article 38 was substituted by Mah. 23 of 1996, s. 5 (38). 2 These words were substituted for the words ” Ten rupees ”,by Mah. 18 of 2002 s.8 (z-l) (i). 3 These words were substituted for the words ” Thirty rupees “, ibid, s. 8 (z-l) (ii). 4 These articles were inserted, ibid., s. 8 (z-m). 5 These letters and words were substituted for the letters and words “II or III” by Mah. 22 of
    2004, s.3(a).
    . . . .
    . . . . Twenty rupees.
    . . . . Twenty rupees.
    Two hundred and
    fifty rupees.
    . . . .
    . . . . Fifty rupees.
    Mah.
    XLI
    of
    1966.
    Mah.
    1 of
    1972.
    14 of
    1947.
    43
    . . . . Fifty rupees.
    H 1053—7a
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
    (c) regarding any strikes and
    lock-outs to the Labour Court
    under section 24.
    (d) during the conciliation
    proceedings under section 33.
    (e) in any other miscellaneous
    cases other than referred above.
    38C. Application or reference,
    under the Bombay Industrial
    Relations Act, 1946—
    (a) in arbitration proceeding
    to the Industrial Court under
    sections 69, 71 and 73A.
    (b) to the Labour Court under
    section 78 read with section 79.
    (c) appeals filed to the Industrial Court under section 84 or
    revision applications filed
    under section 85.
    (d) in any other miscellaneous
    cases other than those
    specified above.
    38D. Claim or reference under
    section 6A of the Bombay
    Labour Welfare Fund Act, 1953.
    38E. Application or reference
    under the Payment of Gratuity Act, 1971.
    38F 1[Complaint and Appeal
    under the Maharashtra]
    Mathadi, Hamal and other
    Manual Workers (Regulation
    at Employment and Welfare)
    Act, 1969. 2[39. Save as otherwise provided
    in this Act or any other law,
    memorandum of appeal or
    application for revision or
    review presented to the State
    Government under any
    Provincial or State Act or
    under any rules or orders
    issued thereunder. 4[40. All adjournment applications in Civil and Criminal
    Courts.
    SCHEDULE II.—contd.
    Number . . . Proper fee
    (1) (2) (3)
    Tewnty rupees.
    Two hundred and
    fifty rupees.
    Fifty rupees.
    Twenty rupees.
    Twenty rupees.
    Twenty rupees.
    Twenty rupees.].
    3[Fifty rupees].
    Ten rupees].
    Fifty rupees.
    1 These words were substituted for the words,“ Application or reference” by Mah. 22 of 2004,
    s. 3 (b)
    2 Arlicle 39 was inserted by Mah. 51 of 1976, s. 2. 3 These words were substituted for the words “ Twenty rupees ” by Mah. 18 of 2002, s. 8 (z-n). 4 This article was inserted, ibid,, s. 8 (z-o).
    . . . .
    . . . .
    . . . .
    . . . .
    . . . .
    . . . .
    . . . .
    . . . .
    . . . .
    . . . .
    . . . .
    . . . . One hundred
    rupees.
    Fifty rupees.
    Bom.
    XI of
    1947.
    Bom.
    XL 0f
    1953.
    39 of
    1972.
    Mah.
    XXX
    of
    1969.
    44
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
    SCHEDULE III
    (See section 29)
    Form of valuation (to be used with such modifications, if any, as may
    be necessary).
    IN THE COURT OF
    Re—Probate of the Will of (or Administration of
    the property and credits of ), deceased.
    I, solemnly affirm
    make Oath
    and say that I am the executor (or one of the executors or one of the
    next of-kin) of ………………………………………………………………………….
    deceased, and that I have truly set forth in Annexure A to this affidavit
    all the property and credit of which the abovenamed deceased died possessed or was entitled to at the time of his death, and which have come,
    or are likely to come, to my hands.
  87. I further say that I have also truly set forth in Annexure B all
    the items, I am by law allowed to deduct.
  88. I further say that the said assets, exclusive only of such last
    mentioned items but inclusive of all rents, interest, dividends and
    increased values since the date of the death of the said deceased, are
    under the value of
    ANNEXURE A
    VALUATION OF THE MOVEABLE AND IMMOVEABLE PROPERTY OF DECEASED.
    RS. nP.
    Cash in the house and at the banks, household goods,
    wearing apparel, books, plate, jewels, etc.
    (State estimated value according to best of Executor’s
    or Administrator’s belief).
    Property in Government securities transferable at
    the Public Debt Office.
    (State description and value at the price of the day;
    also the interest separately, calculating it to the
    time of making the application.)
    Immovable property consisting of . . . . . . (State description, giving, in the case of houses the
    assessed value, if any, and the number of years’
    assessment the market-value is estimated at, and
    in the case of land, the area, the market-value
    and all rents that have accrued.)
    45
    Maharashtra Court-fees Act [1959 : Bom. XXXVI
    SCHEDULE III—contd.
    Leasehold property . . . . . . . . (If the deceased held any leases for years determinable,
    state the number of years’ purchase the profit rents
    are estimated to be worth and the value of such,
    inserting separately arrears due at the date of death
    and all rents received or due since that date to the
    time of making the application.)
    Property in public companies . . . . . . . . (State the particulars and the value calculated at the price
    of the day; also the interest separately; calculating it
    to the time of making the application.)
    Policy of insurance upon life, money out on mortgage
    and other securities, such as bonds, mortgages, bills,
    notes and other securities for money . . . . (State the amount of the whole; also the interest separately,
    calculating it to the time of making the application.)
    Book-debts . . . . . . . . (other than bad).
    Stock in trade . . . . . . . . (State the estimated value, if any).
    Other property not comprised under the foregoing heads
    (State the estimated value, if any.)
    Total . .
    Deduct amount shown in Annexure B not subject to duty
    Net Total . .
    ANNEXURE B
    SCHEDULE OF DEBTS, ETC. Amount of debts due and owing from the deceased,
    payable by law out of the estate . . . . . . 1[(State the particulars of the debts with interest in
    respect of each debt separately, calculating it to the
    time of making the application).]
    Amount of funeral expenses . . . . . . . . Amount of mortgage incumbrances . . . . . . 2[(State the particulars of amount of mortgage
    incumbrances with interest in respect of each mortgage incumbrance separately, calculating it to the time
    of making the application).]
    Property held in trust not beneficially or with general
    power to confer a beneficial interest . . . . . . Other property not subject to duty . . . . . .
    Total . .
    RS. nP.
    1
    This portion was added by Mah. 26 of 1986, s. 2 (a). 2
    This portion was added, ibid., s. 2 (b).
    46
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
    1870 VII The Court-fees Act, 1870, in its
    application to the preReorganisation State of
    Bombay, excluding the transferred territories and to the
    Vidarbha region and the
    Kutch area of the State of
    Bombay.
    1870 VII The Court-fees Act, 1870, as modified and applied to the
    Saurashtra area of the State of
    Bombay by the State of
    Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948.
    1324 VI The Hyderabad Court Fees Act, in its
    application to the Hyderabad
    area of the State of Bombay.
    1932 II The Bombay Finance Act, 1932.
    SCHEDULE IV . (See section 49.)
    Laws repealed.
    Year. Number. Law. Extent of Repeal.
    1 2 3 4
    The whole, in so far as it
    relates to entries 3 and
    66 of List II and entry
    47 of List III in the
    Seventh Schedule to
    the Constitution of India.
    The whole, in so far as it
    relates to entries 3 and
    66 of List II and entry
    47 of List III in the
    Seventh Schedule to
    the Constitution of
    India.
    The whole, in so far as it
    relates to entries 3 and
    66 of List II and entry
    47 of List III in the
    Seventh Schedule to
    the Constitution of India.
    Section 2A and Part III
    containing sections 12,
    13 and 14.
    SCHEDULE V.
    (See section 50.)
    Laws amended.
    Year. Number. Law. Extent of amendment.
    1 2 3 4
    1887 VII The Suits Valuation Act, 1887, in its
    application to the preReorganisation State of
    Bombay, excluding the transferred territories and to the
    Vidarbha Region and the Kutch
    area of the State of Bombay.
    1887 VII The Suits Valuation Act, 1887, as
    modified and applied to the
    Saurashtra area of the State of
    Bombay by the State of
    Saurashtra (Application of
    Central and Bombay Acts) Ordinance,1948.
    In section 9, the words
    and figures “ of the
    Court-fees Act, 1870,
    and ” shall be deleted.
    In section 9, the words
    and figures “ of the
    Court-fees Act, 1870,
    and ” shall be deleted.
    PRINTED AT THE GOVERNMENT CENTRAL PRESS, MUMBAI
    47
    Fasali.
    1959 : Bom. XXXVI ] Maharashtra Court-fees Act
    Maharashtra Government Publication
    can be obtained from—
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    GOVERNMENT PRINTING, STATIONERY AND PUBLICATION
    MAHARASHTRA STATE
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