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.
- 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. - 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. - 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. - Inquiry as to valuation of suits.
- Investigation to ascertain proper valuation.
- Power of persons making inquiry under sections 8 and 9.
- Costs of inquiry as to valuation and refund of excess fee.
- Appointment of inspecting officers and recovery in cases reported
by them. - Taxing of court-fees and their recovery in suits for mesne
profits or accounts. - Decision of questions as to valuation.
- Refund of fee paid on memorandum of appeal.
- Refund of fee on application for review of judgement.
- 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. - Multifarious suits.
- Written-examinations of complainants.
- 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. - 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. - Provision for case where too low a court-fee 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. - 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. - Recovery of penalties, etc.
- 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. - Tables of process fees.
- Number of peons in District and Subordinate Courts.
Number of peons in Mofussil Small Causes Courts. - 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. - Collection of fees by stamps.
- Stamps to be impressed or adhesive.
- Rules for supply, number, renewal and keeping accounts of stamps.
- Stamping documents inadvertently received.
- Amended document.
- Cancellation of stamp.
CHAPTER VII.
MISCELLANEOUS. 43. Repayment of fee in certain circumstances. - Admission in criminal cases of documents for which proper fee
has not been paid. - Sale of stamps.
- Power to reduce or remit fees.
- Saving of fees to certain officers of High Court.
47A. Use of former State stamps permissible for certain period to be
notified. - Saving as to stamp duties.
- Repeal and saving.
- Amendment of Suits Valuation Acts.
- Reduction of court-fee from amount of stamp duty payable on
final order of partition. - 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. - 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 - (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) 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. - 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) 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. - (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. - 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. - (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. - (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. - (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. - 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. - 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. - 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.] - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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 - (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). - (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 - (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. - 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. - 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. - 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 - 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. - 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. - 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. - 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 - 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. - 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. - 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. - (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. - 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. - 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 - 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. - (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. - 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. - 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 - 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. - Plaint in a suit for possession
under 1[section 6 of the Specific
Relief Act, 1963.] - 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) - 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. - 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. - 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. - 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. - Application for review of
judgment if presented on or
after the 1[thirtieth day], from
the date of the decree. - 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 - 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) - Certificate under Bombay
Regulation VIII of 1827 or
under any corresponding
law in force.
. . . . . - 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). - 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) - 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) - 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 - 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. - Application to any Civil Court
that records may be called for
from another Court. - 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. - Application for leave to sue
as a pauper. - Application for leave to
appeal as a pauper. - Plaint or memorandum of
appeal in a suit to obtain possession under the Mamlatdars
Court Act, 1906. - 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. - All other bail-bonds given
under the Code of Criminal
Procedure, 1973, and recognizance to prosecute and recognizances for personal appearance
or otherwise. - Undertaking under section
49 of the Indian Divorce
Act,1869. - Mukhtarnama or Wakalat- noma.
- 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) - Caveat . . . .
- Application for permission
to cut timber in Government
forests, or otherwise relating to
such forests. - 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. - Petition in a suit under the
Native Converts’ Marriage
Dissolution Act, 1866. - 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 - Agreement in writing stating a question for the opinion
of the Court under the Code of
Civil Procedure, 1908. - 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. - 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. - Petitions under the Indian
Christian Marriage Act, 1872,
sections 45 and 48. - 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. - Copy or translation of a
judgment or order not being,
or having the force of, a decree. - Copy of a decree or order
having the force of a decree. - 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. - 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 - Application made under the
Bombay Money-lenders Act,
1946 or under any corresponding law in force. - Application presented to any
Registration Officer for search
of registration records. - 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.] - Application or appeal to the
Regional or State Transport
Authority or the State Government under 6[Chapter IV of the
Motor Vehicles Act, 1988].* - 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).]. - 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. - 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. - Appeal or application to the
Co-operative Tribunal. - 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. - I further say that I have also truly set forth in Annexure B all
the items, I am by law allowed to deduct. - 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
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