Bare Act
Chapter VI Chapter VI
Chapter VI Chapter VI
40. Rate of fee in force on date of presentation
Of the Mode of Levying Fees of document to be applicable.— All fees shall be charged and collected under this Act at the rate in force on the date on which the document chargeable to court-fees is or was presented.
Chapter VI Chapter VI
41. Collection of fees by stamps or
e-payment.— All fees chargeable under this
Chapter VI Chapter VI
42. Act shall be collected by stamps or e-payment.
Stamps to be impressed or adhesive.— The stamps or e-payment used to denote any fees chargeable under this Act shall be impressed or adhesive or partly impressed and partly adhesive, as the Government may, by notification in the Official Gazette, from time to time direct.
Chapter VI Chapter VI
43. Rules for supply, number, renewal and keeping accounts of stamps
(1) The
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;
- (d) the keeping accounts of all stamps used under this Act; and
- (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 a High Court, such rules shall be made, with the concurrence of the Chief Justice of the High Court.
- (2) All such rules shall be published in the
Chapter VI Chapter VI
44. Official Gazette, and shall thereupon have the force of law.
Stamping documents inadvertently received.— No document which ought to bear a stamp under this Act shall be of any validity, unless and until it is properly stamped: Provided that where 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 a High Court, any Judge of such Court, may, if he thinks fit, order that such document be stamped as he may direct; and, on such document being stamped accordingly, the same and every proceeding relative thereto shall be as valid as if it had been properly stamped in the first instance.
Chapter VI Chapter VI
45. Amended document.
Where any such document is amended in order merely to correct a mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose a fresh stamp.
Chapter VI Chapter VI
46. Cancellation of stamp.
( 1) 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.
- (2) Such officer as the Court or the head of the office may from time to time appoint shall, on receiving any such document, forthwith effect such cancellation by punching out the
figure-head so as to leave the amount designated on the stamp untouched, and the part removed by punching shall be burnt or otherwise destroyed: 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.
PDF: pending for this language.