Schedule II

Fixed Fees Nature of Proceeding Descriptions Fees 1 2 3 1. Application or petition (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: Three rupees. or when 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 of 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 26 The Gujarat Court-Fees Act, 2004. [ 2004: Guj.4 Nature of Proceeding Descriptions Fees 1 2 3 original jurisdiction; or to any Court of Small Causes 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 then fifty rupees, not being an application for assistance under section 86 of the Bombay Land Revenue Code, 1879 or under any corresponding law for the time being in force; or when presented to any Civil, Criminal or Revenue Court, or to any Board or executive officer for the purpose of obtaining a copy of translation of any judgment, decree or other passed by such Court, Board or Officer, or of any other document on record in such Court or office; (b) when presented to a Collector or other officer of revenue for assistance under section 86 of the Bombay Land Revenue Code, 1879 or under any corresponding law for the time being in force; Ten rupees. (c) when containing a complaint or charge of any offence and presented to any Criminal Court; Three rupees. or when presented to a Civil, Criminal or Revenue Court, or to a Collector or any Revenue Officer or to a public officer having jurisdiction equal or subordinate to be Collector, or to any Magistrate in his executive capacity and not otherwise provided for by this Act; or to deposit in court revenue or rent; or for determination by a Court of the amount of compensation to be paid by a landlord to his tenant; (d) when presented to any competent authority for the purpose of obtaining a certificate of domicile; Ten rupees. Bom. V of 1879. Bom. V of 1879. 2004: Guj.4 ] The Gujarat Court-Fees Act, 2004. 27 Nature of Proceeding Descriptions Fees 1 2 3 (e) when presented to a Chief Controlling Revenue Authority 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; Twenty-five rupees. (f) when presented to the High Court----- (i) for directions, orders or writs under article 226 of the Constitution of India for any purpose other than the enforcement of the fundamental rights conferred by Part III thereof; One hundred rupees. (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; Fifty rupees. (iii) in any other case not otherwise provided for by this Act. Twenty rupees. 2. Revision application when presented to the High Court under section 115 of the Code of Civil Procedure, 1908 or against the order of the court of Small Causes. ......... Fifty rupees. 3. Application to any Civil Court that records may be called for 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. 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. 5 of 1908. 28 The Gujarat Court-Fees Act, 2004. [ 2004: Guj.4 Nature of Proceeding Descriptions Fees 1 2 3 4. 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 for the immediate purpose of being produced in Court. ......... Two rupees. 5. Application for leave to sue as a pauper. ......... Five rupees. 6. Application for leave to appeal as a pauper. (a) When presented to a District Court. (b) When presented to a Commissioner or the High Court. Ten rupees. Twenty rupees. 7. Plaint or memorandum of appeal in a suit to obtain possession under the Mamlatdar’s Courts Act, 1906. ......... Ten rupees. 8. Plaint or memorandum of appeal in a suit to establish or disprove a right of occupancy. ......... Ten rupees. 9. 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, 1973, other than section 109 or 110 thereof or under the Code of Civil Procedure, 1908, and not otherwise provided for by this Act. ......... Five rupees. 2 of 1974. Bom. II of 1906. 5 of 1908. 2004: Guj.4 ] The Gujarat Court-Fees Act, 2004. 29 Nature of Proceeding Descriptions Fees 1 2 3 10. Bail-bonds in criminal cases, recognizance to prosecute and recognizances for personal appearance or otherwise. ......... Two rupees. 11. Undertaking under section 49 of the Divorce Act, 1869. ......... Five rupees. 12. Mukhtarnama or Wakalatnama. When presented for the conduct of any one case,- (a) to any Civil or Criminal Court other than a District Court or Court of Session or the High Court or to any Revenue Court or to any Collector or Magistrate or other executive officer; (b) to a District Court or Court of Session; (c) to the High Court. Two rupees. Three rupees. Five rupees. 13. Memorandum of appeal when the appeal is not from a decree or an order having the force of a decree, and is presented - (a) to any Civil Court other than the High Court or to any Revenue Court or Executive Officer other than the High Court or Chief Controlling Revenue Authority or Executive Authority; Two rupees. (b) to the Chief Controlling Executive or Revenue Authority; Five rupees. (c) to the High Court. Ten rupees. 14. Caveat When the amount or value of the property involved does not exceed two thousand rupees. When the amount or value of the property involved exceeds two thousand rupees. Twenty rupees. Fifty rupees. 15. Application for permission to cut timber in Government forests, or otherwise relating to such forests. ......... Five rupees. 4 of 1869. 30 The Gujarat Court-Fees Act, 2004. [ 2004: Guj.4 Nature of Proceeding Descriptions Fees 1 2 3 16. Memorandum of appeal presented to- (a) the State Government, (b) any Forest Officer, where such appeal is provided for, by or under the Forest Act, 1927 or any corresponding law in force. ......... ......... Ten rupees. Five rupees. 17. Petition in a suit under the Converts’ Marriage Dissolution Act, 1866. ......... Fifty rupees. 18. Application- (a) under section 8 of the Arbitration and Conciliation Act, 1996; (b) for probate or letters of administration or for revocation thereof under the Succession Act, 1925; (c) for a certificate under Part X of the Succession Act, 1925, or Bombay Regulation VIII of 1827 or any corresponding law for the time being in force; ......... When the amount or value of the estate does not exceed two thousand rupees. When it exceeds two thousand rupees, One hundred rupees. Twenty rupees. Forty rupees. (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; ......... Fifty rupees. 16 of 1927. 21 of 1866. 26 of 1996. 39 of 1925. 39 of 1925. 2 of 1882. 2004: Guj.4 ] The Gujarat Court-Fees Act, 2004. 31 Nature of Proceeding Descriptions Fees 1 2 3 (e) under rule 58 of Order XXI of the Code of Civil Procedure, 1908, regarding a claim to attached property. When the amount or value of the property exceeds five hundred rupees. Fifty rupees. 19. Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure, 1908. ......... Fifty rupees. 20. Every petition under the Divorce Act, 1869, except petitions under section 44 of that Act and every memorandum of appeal under section 55 of that Act. ......... Fifty rupees. 21. Plaint, application, petition, or memorandum or appeal under the Parsi Marriage and Divorce Act, 1936, the Special Marriage Act, 1954 or the Hindu Marriage Act, 1955; ......... Fifty rupees. Provided that where in addition to divorce damages are claimed. ......... A fee as above plus a fee on the amount of damages claimed according to the scale prescribed under Article 1 of Schedule 1. 22. Petitions under sections 45 and 48 of the Christian Marriage Act, 1872. ......... Fifty rupees. 23. Plaint, petition or application (including memorandum of appeal) which is capable of being treated as a suit- (a) for annulment of marriage; ......... Fifty rupees. 15 of 1872. 5 of 1908. 5 of 1908. 4 of 1869. 3 of 1936. 43 of 1954. 25 of 1955. 32 The Gujarat Court-Fees Act, 2004. [ 2004: Guj.4 Nature of Proceeding Descriptions Fees 1 2 3 (b) for dissolution of marriage; (c) in suit for custody of minor; (d) for restitution of conjugal rights; (e) for judicial separation; (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. ......... ......... ......... ......... ......... Fifty rupees. Twenty rupees. Fifty rupees. Fifty rupees. One hundred rupees. 24. Copy or translation of a judgement or order not being, or having the force, of a decree. When such judgement or order is given or made by any Civil Court or by any Revenue Court. When such judgement or order is given or made by the High Court. Two rupees. Five rupees. 25. Copy of a decree or Order having the force of a decree. When such decree or order is made by any Civil 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. Five rupees. Ten rupees. Fifteen rupees. 26. Copy of any document (including power of attorney) liable to stamp duty under the Bombay Stamp Act, 1958, or the 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. (a) When the stamp duty chargeable on the original does not exceed one rupee. (b) in any other case. The amount of the duty chargeable on the original. Ten rupees. 27. Copy of any revenue or judicial proceeding or For every three hundred and sixty words or fraction thereof. Two rupees. Bom. 60 of 1958. 2 of 1899. 2004: Guj.4 ] The Gujarat Court-Fees Act, 2004. 33 Nature of Proceeding Descriptions Fees 1 2 3 order not otherwise provided for by this Act, or copy of any account, 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. 28. Application made under the Bombay Money-lenders Act, 1946 or under any corresponding law in force. .......... Ten rupees. 29. Application presented to any Registration Officer for search of registration records. .......... Five rupees. 30. Appeal or application to the Registrar under section 72 or 73, as the case may be, of the Registration Act, 1908. .......... Five rupees. 31. Application for a licence under sub-clause (i) of clause (w) of sub-section (1) of section 33 of the Bombay Police Act, 1951, or any corresponding law in force. .......... Five rupees. 32. Application or appeal to the Regional or State Transport Authority or the State Government under Chapter V of the Motor Vehicles Act, 1988. .......... Ten rupees. 33. Election petition questioning the election of a person in respect of the office - Bom. 31 of 1947. 16 of 1908. Bom. 22 of 1951. 59 of 1988. 34 The Gujarat Court-Fees Act, 2004. [ 2004: Guj.4 Nature of Proceeding Descriptions Fees 1 2 3 (a) of Sarpanch or Upa- Sarpanch or member of a Panchayat; (b) of councilor or member of a Municipality, District Local Board or such other Local Authority; (c) of Mayor or Deputy Mayor or councilor of a Municipal Corporation or President, Vice- President, Chairman or Vice-Chairman or any local authority referred to in clause (b). .......... .......... .......... Fifty rupees. One hundred rupees. Five hundred rupees. 34. Application or petition to the Court under section 391, 439 or 522 of the Companies Act, 1956. .......... One hundred rupees. Any other application or petition to the Court for judicial action or relief under the said Act, not otherwise provided for under this Act. .......... Fifty rupees. 35. Application - (a) for order of arrest or attachment before judgement or for temporary injunction; (b) for compensation for arrest or attachment before judgement or in respect of temporary injunction obtained on insufficient grounds; (c) for the appointment of a receiver in a case in which the applicant .......... .......... .......... Ten rupees. Ten rupees. Ten rupees. 1 of 1956. 2004: Guj.4 ] The Gujarat Court-Fees Act, 2004. 35 Nature of Proceeding Descriptions Fees 1 2 3 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. ........... Ten rupees. 36. Appeal or application to the Co-operative Tribunal. ........... Twenty rupees. 37. Application made by a party to the Magistrate under section 145 of the Code of Criminal Procedure, 1973. ........... Twenty rupees. 38. Application for enrolment under the Advocates Act, ........... Twenty Five rupees. 39. Application for adjournment presented to the Court in any proceedings. ........... Two rupees.