Chapter III DETERMINATION OF FEE

(1)(a) In every suit the Court shall, before ordering the plaint to be registered, decide on the allegations contained in the plaint and on the materials furnished by the plaintiff the proper fee payable thereon. (b) The decision of the Court under clause (a) regarding the proper fee payable shall be subject to review from time to time as occasion requires. (2) Any defendant may plead that the subject-matter of the suit has not been properly valued or that the fee paid is not sufficient. All questions arising on such pleas shall be heard and decided before the hearing of the suit as contemplated by Order XVIII in the First Schedule to the Code of Civil Procedure, 1908 (Central Act 5 of 1908). If the Court decides that the subject-matter of the suit is not properly valued or that the fee paid is not sufficient, the Court shall fix a date before which the subject-matter of the suit shall be valued in accordance with the Court’s decision and the deficit fee shall be paid. If within the time allowed, the subject-matter of the suit is not valued in accordance with the Courts decision or if the deficit fee is not paid, the plaint shall be rejected and the Court shall pass such order as it deems just regarding costs of the suit. (3)(a) A Court of Appeal, in which an appeal is filed, may, either of its own motion or on the application of any party, consider the correctness of any order passed by the lower Court regarding the fee payable on the plaint or written statement or in any other proceeding in the lower Court and determine the proper fee payable thereon. Explanation - The power exercisable by a Court of appeal under this clause shall be exercisable even if the appeal relates only to a part of the subject –matter of the suit. (b) If the Court of Appeal decides that the fee paid in the lower Court is not sufficient, the Court shall require the party liable to pay the deficit fee within such time as may be fixed by it. (c) If the deficit fee is not paid within the time fixed and the default is in respect of a relief which has been dismissed by the lower Court and which the appellant seeks in appeal, the appeal shall be dismissed, but if the default is in respect of a relief which has been decreed by the lower Court, the deficit fee shall be recoverable as if it were an arrear of land revenue. (d) If the fee paid in the lower Court is in excess of the proper fee the Court shall direct the refund of the excess to the party who is entitled to it. (4) Any question relating to the value for the purpose of determining the jurisdiction of Courts shall be heard and decided before the hearing of the suit as contemplated by Order 18 in the First Schedule to Code of Civil Procedure, 1908 (Central Act 5 of 1908). (a) Application or petition presented to any Court for a copy or translation of any judgment, decree or any proceeding of, or order passed by, such Court or of any other document on record in such Court. Fifty paise (b) Application or petition presented to any Civil Court other than a Principal Civil Court of original Jurisdiction or to any Court of Small Causes constituted under the Provincial Small Cause Courts Act, 1887, or to a Collector or other officer of revenue in relation to any suit or case in which the amount or value of the subject-matter is less than Rs.50. Twenty five naye paise. (c) Application to any Court that records may be called from another Court, when the Court grants the application and is of opinion that the transmission of such records involves the use of the post. One rupee in addition to the fee leviable on the application. (d) Application for permission to deposit revenue or rent either in the office of the Collector or in the Court. One rupee. (e) Application or petition presented to a Court for determination of the amount of compensation to be paid by a landlord to his tenant. One rupee. (f) A written complaint or charge of any offence other than an offence for which a Police officer, may, under the Code of Criminal Procedure, 1898, arrest without warrant and presented to any Criminal Court and an oral complaint of any such offence reduced to writing under the Code of Criminal Procedure, 1898. Two rupees. (g) Application or petition presented to any Court, or to any Magistrate in his executive capacity and not otherwise provided for in this Act. One rupee. (h) Application for arrest or attachment before judgement or for temporary injunction - (i) when presented to a Civil Court or Revenue Court other than the High Court in relation to any suit or proceeding - (1) if the value of the subject-matter is less than Rs. 50; One rupees. (2) if the value is Rs. 50 and above; Two rupees. (ii) when presented to the High Court. Five rupees. (i) Application or petition under section 47 and order XXI, rules 58 and 90 of the Code of Civil Procedure, 1908- (i) when filed in a Revenue Court or a District Munsif’s Court; One rupee. (ii) when filed in a Subordinate Judge’s Court or a District Court; Two rupees. (iii) when filed in a High Court. Five rupees. (j) Application or petition under sections 34, 72, 73 and 74 of the Indian Trusts Act, 1882. Five rupees. (k) (i) Application for probate or letters of administration to have effect throughout India. Twenty-Five rupees. (ii) Application for probate or letters of administration not falling under clause (i) - (1) if the value of the estate does not exceed Rs.1,000; One rupee. (2) if the value exceeds Rs.1,000; Five rupees. Provided that if a caveat is entered and the application is registered as a suit, one-half the scale of fee specified in Article I of Schedule I on the market value of the estate less the fee already paid on the application shall be levied. (l) Original petitions not otherwise provided for when filed in- (i) a District Munsif's Court- (1) under the Andhra Pradesh (Andhra Area) Village Courts Act, 1888; One rupee. (2) in other cases. Three rupees. (ii) a Subordinate Judge's Court or a District Court; Five rupees. (iii) the High Court Twenty rupees. (m) Application to set aside an Award under section 34 of the Arbitration and Conciliation Act, 1996,- (a) Where the value of the subject matter does not exceed Rs.1,00,000/-. Two hundred rupees (b) Where the value exceeds Rs.1,00,000/- but does not exceed Rs.5,00,000/-. Five hundred rupees (c) Where the value exceeds Rs.5,00,000/- but does not exceed Rs.1,00,00,000/-. One thousand rupees (d) Where the value exceeds Rs.1,00,00,000/- Two thousand rupees (n) (a) application under sub-section (2) of section 14 or section 27 or sub-section (2) of section 39 or sub-section (3) of section 43 of the Arbitration and Conciliation Act, 1996; Two hundred rupees. (b) Application under section 9 other than in a pending proceedings under the Arbitration and Conciliation Act, 1996; Two hundred and fifty rupees (c) Any other application; One hundred rupees. (o) Petition to the High Court for the admission of an Advocate, Attorney or Vakil. Twenty rupees (p) Application presented to the High Court under section 24 of the Press (Objectionable Matter) Act, 1951. Fifty rupees. (q) Revision petition presented to the High Court under section 115 of the Code of Civil Procedure, 1908, or under section 25 of the Provincial Small Cause Courts Act, 1887, or under the provisions of any other Act, arising out of a suit or proceeding- (i) if the value of the suit or proceeding to which the order sought to be revised relates does not exceed Rs.1,000; Five rupees (ii) if such value exceeds Rs.1,000 Ten rupees (r) Petition under sections 153, 166 and 221 of the Indian Companies Act, 1913, in connection with the winding up of a company. Two hundred rupees. (s) Petition to the High Court under Article 226 of the Constitution for a writ other than the writ of Habeas Corpus or a petition under Article 227 of the Constitution. One Hundred rupees. (t) Application under section 45 of the Specific Relief Act, 1877 One hundred rupees. (u) Application or petition presented to the High Court and not otherwise specifically provided for. Two rupees. (v) Election petition questioning the election of a person in respect of- (i) the office of member of a Panchayat; Twenty-five rupees. (ii) the office of President of a Panchayat; Fifty Rupees. (iii) the office of a member of municipal council or a district board; One hundred Rupees. (iv) the office of Chairman of a municipality or president of a district board. Two hundred rupees. (w) Application under section 145 of the Code of Criminal Procedure, 1898. Five rupees.

A plaintiff who has been required to pay additional fee may relinquish a part of his claim and apply to have the plaint so amended that the fee paid is sufficient for the claim made in the plaint as amended. The Court may allow such application on such terms as it considers just, the Court may permit the plaintiff at any later stage of the suit to add to the claim the part so relinquished on payment of the additional fee. One rupee.

(1) The High Court may depute officers to be designated Court-fee Examiners to inspect the records of subordinate Courts with a view to examine the correctness of the valuation of subject-matter and sufficiency of fee in respect of proceedings in such Courts, and orders, if any passed by the Courts in relation thereto. (2) Questions relating to valuation of subject-matter and sufficiency of fee in respect of proceedings in a Court raised in reports submitted by such Court-fee Examiners shall be heard and decided by such Courts. When presented - (i) to any Court other than the High Court or to any Collector or Magistrate or other executive officer; Two rupees. (ii) to the Board of Revenue or a Chief Executive Authority; Three rupees. (iii) to the High Court Five rupees. (iv) to the Government Five rupees.

For the purpose of deciding whether the subject-matter of a suit or other proceeding has been properly valued or whether the fee paid is sufficient, the Court may hold such inquiry as it considers necessary and may, if it thinks fit issue a commission to any person directing him to make such local or other investigation as may be necessary and to report thereon to the Court. (i) when presented to a District Munsif's Court. Fifteen rupees. (ii) in any other case One hundred rupees.

In every suit in which the fee payable under this Act on the plaint depends on the market value of the subject-matter of the suit, the plaintiff shall file with the plaint, a statement in the prescribed form, of particulars of the subject-matter of the suit and his valuation thereof unless such particulars and the valuation are contained in the plaint. (a) Application or petition presented to any officer of land revenue by any person holding temporarily settled land under direct engagement with Government and when the subject-matter of the application or petition relates exclusively to such engagement. One rupee. (b) Application or petition presented to any officer of land revenue relating to the grant of land on darkhast. One rupee. (c) Application to a Collector for lease of land for agricultural or non-agricultural purposes. One rupee. (d) Application or petition presented to any Executive Officer under any Act for the time being in force for the conservancy or improvement of any place if the application or petition relates solely to such conservancy or improvement. One rupee. (e) Application or petition presented to any board or Executive Officer for a copy or translation of any order passed by such board or Officer or of any other document on record in such office. One rupee. (f) Application to a Forest Officer by a forest contractor for extension of the period of lease - (i) if the value of the subject-matter of the lease is Rs. 5,000 or less; Five rupees. (ii) if such value exceeds Rs. 5,000 for every Rs. 1,000 or part thereof, in excess of Rs.5,000. One rupee. (g) Application for attestation of private documents intended to be used outside India. Fifty rupees (h) Application for lapsed deposit presented after six months after the date on which the amount lapsed to the Government - (i) when the amount or deposit does not exceed Rs.1,000; One rupee. (ii) when it exceeds Rs.1,000. Two rupees. (i) Application or petition presented to the Government and not otherwise provided for - (i) which involves the exercise or non-exercise of power conferred by law or rule having the force of law; Two rupees. (ii) in other cases One rupees. (j) Application or petition presented to the Board of Revenue or Chief Executive Authority and not otherwise provided for- (i) which involves the exercise or non-exercise of power conferred by law or rule having the force of law; Two rupees. (ii) in other case. One rupee. (k) Application or petition not falling under clause (i) or (j) and presented to a public officer or in a public office and not otherwise provided for. One rupee.

Where fee is payable under this Act on a written statement filed by a defendant, the provisions of section 11 shall apply to the determination and levy of the fee payable on such written statement, the defendant concerned being regarded for the said purpose as the plaintiff and the plaintiff or the co-defendant or the third party against whom the claim is made being regarded as the defendant. (i) when presented to a District Court or a Subordinate Judge's Court One rupee. (ii) when presented to the High Court Two rupees.

The provisions of section 10 to 12 relating to the determination and levy of fee on plaints in suits shall apply mutatis mutandis to the determination and levy of fee in respect of a memorandum of appeal, cross-objection or other proceeding in second appeal or in an appeal under the Letters Patent. (i) Bail bond or other instrument of obligation when filed in village courts. One rupee. (ii) Bail bond or other instrument of obligation given in pursuance of an order made by a court or magistrate under any section of the Code of Criminal Procedure, 1898, or the Code of Civil Procedure, 1908, and not otherwise provided for in this Act. One rupee.

The provisions of section 10 to 12 shall apply to the determination and levy of fee in respect of petitions, applications and other proceedings in Courts in the same way as they apply to the determination and levy of fee on plaints in suits. One rupee.

In any inquiry relating to the fee payable on a plaint, written statement, petition, memorandum of appeal or other document, or to the valuation of the subject-matter of the claim to which the plaint, written, statement, petition, memorandum of appeal or other document relates, in so far as such valuation affects the fee payable, the Court may, if it considers it just or necessary to do so, give notice to the State Government; and where such notice is given, the State Government shall be deemed to be a party to the suit or other proceeding as regards the determination of any question in the enquiry aforesaid and the Court’s decision on such question shall, where it passes a decree or final order in such suit or proceeding, form part of such decree or final order. Ten Rupees.