Chapter VIII Legal Benefit Fund.

76. Legal Benefit fund—1[(l) Notwithstanding anything contained in this Act or any other law for the time being in force and subject to section 4A of the Act and sub-rule (1) of rule 397 of the Kerala Motor Vehicle Rules, 1989 it shall be competent for the Government to levy an additional court fee by notification in the Gazette, in respect of original petitions, original applications, appeals or revisions to tribunals, appellate authorities and original suits in Civil Courts other than in Family Court at a rate not exceeding one percent of the amount involved in the dispute and in other cases at a rate not exceeding one hundred rupees for each original suit, original petition, original application, appeal or revision. Explanation:- The term “ amount involved in the dispute” as specified in sub-section (1), where it is capable of valuation, does not include the amount of valuation for the purpose of court fee, in suits for recovery of possession, partition and suits of similar nature and where fixed court fee is specified under this Act.] (2) There shall be constituted a legal benefit fund to which shall be credited— (i) the proceeds of the additional court-fees levied and collected under sub-section (1); (ii) fifty per cent of the court-fees levied and collected on mukhtarnama or vakalathnama under Article 16 of Schedule II of this Act. 1[(3) Notwithstanding anything contained in any other law for the time being in force, an amount equal to seventy percent of the Legal Benefit Fund collected under sub-section (2) shall be set apart every year towards the Fund constituted under Section 3 of the Kerala Advocates' Welfare Fund Act, 1980 and an amount equal to thirty percent of the Legal Benefit Fund collected shall be set apart towards the Fund constituted under Section 3 of the Kerala Advocates' Clerks Welfare Fund Act, 2003: Provided that the amount so set apart shall be transferred to such Funds after retaining an amount equal to ten percent each from the amount set apart to the Funds specified in sub-section (3) for providing infrastructure to the litigants.] (4) The mode and manner in which legal service to the people may be made more efficient and social security measures for legal profession may be provided, shall be as prescribed by rules made by Government.

77. Collection of fees by stamps.—All fees chargeable under this Act shall be collected by stamps.

78. Stamps to be impressed or adhesive.—The stamps used to denote any fee chargeable under this Act shall be impressed or adhesive or partly impressed and partly adhesive, as the Government may, by notification in the Gazette from time to time direct.

2[78A. Writing name or initials on or across the stamp.- (1) Whoever affixes any adhesive stamp to any document requiring stamp under this Act shall at the time of affixing such stamp write on or across the stamp his name or initials or the name or initials of his firm with the true date of his so writing so that it cannot be used again. (2) Any document bearing an adhesive stamp which does not bear the name or initials of the person who affixes the stamp or of his firm, as required by sub-section (1), so that it cannot be used again, shall, so far as such stamp is concerned, be deemed to be unstamped.]

79. Amended document.—Where any document which ought to bear a stamp under this Act 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.

80. Cancellation of 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 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. 1[Provided that in the case of an adhesive stamp, no such cancellation shall have effect unless it bears the name or initials of the person who affixes the stamp or of his firm, as required by subsection (1) of Section 78A.]

2[81. Deduction to be made.- (1) Where allowance is made in this Act for damaged or spoiled stamps, the Collector may, on application of the person concerned, after satisfying about the genuineness of the damaged or spoiled stamps produced, arrange to give in lieu thereof, the same amount or value in stamps of the same or any other description, or if the applicant so desires, the same amount or value in money. (2) Where the Court orders refund of fees to any person, the Court may, on the application of the person concerned, arrange for payment to him of the amount ordered to be refunded. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), in all cases where payment thereunder is made in cash, a deduction shall be made of seven paise for each rupee or fraction thereof: Provided that no such deduction shall be made where refund is claimed in respect of any fee paid in pursuance of an order of Court which has been varied or reversed in appeal.]

82. Penalty.—Any person appointed to sell stamps, who disobeys any rule made under this Act, and any person, not so appointed who sells or offers for sale any stamps, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

83. Power of High Court to make rules.— (1) The High Court may make rules to provide for or regulate all or any of the following matters, namely : — (a) the fees payable for serving and executing processes issued by the High Court in its 3[original or] appellate jurisdiction and by the Civil and Criminal Courts subordinate thereto; (b) the remuneration of persons employed by the courts mentioned in clause (a) in the service or execution of processes ; (c) the fixing by District and Sessions Judge and District Magistrates of the number of process-servers necessary to be employed for the service and execution of processes issued from their respective courts and the Courts subordinate thereto ; (d) the display in each Court of a table in the English and in the local language or languages showing the fees payable for the service and execution of processes. (2) All rules made under sub-section (1) shall be subject to confirmation by the Government and on such confirmation shall be published in the Gazette and shall thereupon have effect as if enacted in this Act.

84. Power of Board of Revenue to make rules.— (1) The Board of Revenue may, with the previous sanction of the Government, make rules consistent with this Act to provide for or regulate all or any of the following matters, namely : — (a) the fees chargeable for serving and executing processes issued by the Board of Revenue and by the Revenue courts; . (b) the remuneration of the persons necessary to be employed for the service and execution of such processes ; (c) the fixing by Collectors of the number of persons necessary to be employed for the service and execution of such processes ; (d) the guidance of Collectors in the exercise of their powers under Chapter VI ; 1. Added by Act 39 of 1976. (e) the supply of stamps to be used under this Act ; (f) the number of stamps to be used for denoting any fee chargeable under this Act; (g) the keeping of accounts of all stamps used under this Act; (h) the circumstances in which stamps may be held to be damaged or spoiled; (i) the circumstances in which, the manner in which and the authorities by which, allowance for used, damaged or spoiled stamps may be made; (j) the regulation of the sale of stamps to be used under this Act, the persons by whom alone such stamps may be sold and the duties and remuneration of such persons: Provided that, in the case of stamps used in the High Court such rules shall be made with the concurrence of the Chief Justice. (2) All rules made under this section shall be published in the Gazette and on such publication, shall have effect as if enacted in this Act.

85. Power of Government to make rules.— (1) The Government may, by notification in the Gazette, make rules to carry out generally the purposes of this Act. (2) All notifications and rules made under this section shall, as soon as possible, after they are made, be placed on the table of the Legislative Assembly for one month, and shall be subject to such modification whether by way of repeal or amendment as the Legislative Assembly may make during the session in which they are so laid or the session immediately following.

86. Continuance in force of existing rules.—Until rules are framed under sections 83, 84 and 85 and until, notifications are issued under section 75, the rules and notifications now in force in respect of matters referred to in those sections, shall, in so far as they are not inconsistent with this Act, continue.

87. Repeal.— (1) The Madras Court fees and Suits Valuation Act, 1955, in force in the Malabar district referred to in subsection (2) of section 5 of the States Reorganisation Act, 1956, the Travancore-Cochin Court Fees Act, 1125 and the Travancore-Cochin Suits Valuation Act, 1125, are hereby repealed. (2) All suits and proceedings instituted before the commencement of this Act and all proceedings by way of appeal, revision or otherwise arising therefrom whether instituted before or after such commencement shall, notwithstanding the repeal of the said Acts be governed by the provisions of the said Acts and the rules made thereunder. 1. Substituted by Act 6 of 1991. 1. Substituted by Act 6 of 1991. 2. Substituted by Act 6 of 1991. 3. Substituted by Act 6 of 1991. 1. Substituted by Act 6 of 1991. 2. Substituted by Act 6 of 1991. 3. Substituted by Act 6 of 1991. 1. Substituted by Act 6 of 1991. 1. Substituted by Act 6 of 1991. 2. Substituted by Act 6 of 1991, 1. Substituted by Act 6 of 1991. 1. Substituted by Act 6 of 1991. 1. Substituted by Act 29 of 2013. 2. Inserted by Act 29 of 2013. 1. Substituted by Act 6 of 1991. 1. Inserted by Act 6 of 1991. 2. Omitted by Act 2 of 2003. 3. Inserted by Act 2 of 2003. 4. Substituted by Act 6 of 1991. 1. Substituted by Act 6 of 1991. 2. Substituted by Act 6 of 1991. 3. Substituted by Act 6 of 1991. 4. Substituted by Act 6 of 1991. 5. Substituted by Act 6 of 1991. 6. Omitted by Act 6 of 1991. 7. Inserted by Act 6 of 1991. 1. Inserted by Act 4 of 1972. 1. Substituted by Act 18 of 2016. 1. Substituted by Act 20 of 2016. 2. Inserted by Act 39 of 1976. 2. Substituted by Act 2 of 2003 3. Inserted by Act 2 of 2003