Chapter III COMPUTATION OF FEES

1. (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. (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 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.
3. (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 2[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.
4. (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. 3 * * * * * * *

The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows :-

1. (i) for money.- 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 ;
2. (ii) for maintenance and annuities.- 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 ;
3. (iii) for other moveable property having a market value.- In suits for moveable property other than money, where the subject matter has a market-valueaccording to such value at the date of presenting the plaint ;
4. (iv) against recovery of any money due as a tax, etc.- (a) In suits for declaration to obtain 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 (X of 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 1[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 ;

1. (b) similar claim in respect of moveable property.- In suits for declaration similar to those falling under sub-paragraph (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;
2. (c) for status with monetary attribute.- 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 fee on such emoluments or value of return ;
3. (d) for ownership etc. of immoveable property, etc.- 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-one-fourth 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 2[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 3[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 4[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;
4. (e) declaration for easements, etc.- 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 :- 5[TABLE AreaFee(1)(2)(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 (Bom. LIX of 1949).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.(b) Areas within the limits of Municipal Councils constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965).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.(c) Any other area in the State of Maharashtra. One hundred rupees.]
5. (f) for other status without monetary attribute.- In suits for declaration of status to which no direct monetary attribute 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 6[one hundred rupees] : Provided that where injunction or other consequential relief is also sought in such case, the amount of fee shall be 7[one hundred fifty rupees] ;
6. (g) for charge on property.- 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 amount : 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 ;
7. (h) for periodical money returns.- 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 ; 8[(ha) for avoidance of sale, contract for sale, etc.- 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 9[one-half] of ad valorem fee leviable on the value of the property ;
8. (hb) for avoidance of acquisition proceedings.- In suits for declaration that any proceedings for compulsory acquisition of any moveable or immoveable property are void 10[one-half] of ad valorem fee leviable on the value of the property ;
   • (i) for accounts.- 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 11[one hundred rupees] ;
9. (j) for other declarations.- 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 12[ad valoremad valoremad valorem] fee payable, as if the amount or value of the subject matter was 6one thousand rupees; In all suits under clauses (a) to (i), the plaintiff shall state the amount at which he values therelief sought, with the reasons for the valuation;
   • (v) for possession of lands, houses and gardens.- 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-
10. (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 13[forty times] the survey assessment;
11. (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 8eighty times the survey assessment; and-
12. (c) where the whole or any part of the annual survey assessment is remitted-a sum computed under sub-paragraph (a) or sub-paragraph (b), as the case may be, in addition to 14[eighty times] the assessment or, the portion of assessment so remitted ;
    • (vi) to enforce a right of pre-emption.- 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) for share in joint property.- 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) for interest of assignee of land revenue.- In suits for the interest of an assignee of land-revenue, 15[fifty-times] his net profits as such for the year next before the date of presenting the plaint ;
    • (ix) to set aside an attachment.- 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) to redeem.- In suits against a mortgagee for the recovery of the property mortgaged, and in suits by a mortgagee to foreclose the mortgage, to foreclose.- 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) for specific performance.- In suits for specific performance-
13. (a) of a contract of sale-according to the amount of the consideration,
14. (b) of a contract of mortgage-according to the amount agreed to be secured,
15. (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,
16. (d) of an award-according to the amount or value of the property in dispute ;
    • (xii) between landlord and tenant.- In the following suits between landlord and tenant:-
17. (a) for the delivery by a tenant of the counterpart of a lease,
18. (b) to enhance the rent of a tenant having a right of occupancy,
19. (c) for the delivery by a landlord of a lease,
20. (d) for the recovery of immoveable property from a tenant, including a tenant holding over after the determination of a tenancy,
21. (e) to contest a notice of ejectment,
22. (f) to recover the occupancy of immoveable property from which a tenant has been illegally ejected by the landlord, and
23. (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. (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 Government 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. (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 3Motor Vehicles Act, 1939 (VI of the 1939), shall be computed as follows :-
   • (i) If such appeal is preferred by the insurer or owner of the motor vehiclethe 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. (1) For the purpose of an inquiry under section 8 of 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. (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. (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 (V of 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. (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 (XLV of 1860).

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 subject-matter 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. (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. (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.
3. (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. (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. (5) After recording a finding under sub-section (4), the presiding officer shall issue a notice to the person referred to in that sub-section 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. (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. (1) In a suit for the recovery of possession of immoveable 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. (2) The Court shall send a copy of the decree passed in such suit to the Collector.
3. (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 recoverable 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. (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.
2. (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 (V of 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 1[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 2[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 1[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.

1[17A. Period of limitation for refund of fees under section 15, 16 or 17.- Where certificate is granted to any person under section 15, 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 separately 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 (V of 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 1[Code of Criminal Procedure, 1973] 2[2 of 1974], the complainant shall pay a fee of 3[ten rupees] unless the Court thinks fit to remit such payment.

1[(1)] Nothing contained in this Act shall render the following documents chargeable with any fee :-

1. (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.
2. (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 ;
3. (iii) Written statements called for by the Court after the first hearing of a suit.
4. (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.
5. (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 of 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.
6. (vi) Application relating to a supply for irrigation of water belonging to Government.
7. (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.
8. (viii) Application for service of notice of relinquishment of land or of enhancement of rent.
9. (ix) Written authority to an agent to distrain.
10. (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.
11. (xi) Petition by a prisoner, or other person in duress or under restraint of any Court or its Officer.
12. (xii) Complaint of a public servant (as defined in the Indian Penal Code) (XLV of 1860), a Municipal Officer, or an officer or servant of a Railway Company.
13. (xiii) Application for the payment of money due by Government to the applicant.
14. (xiv) Petition of appeal against any Municipal Tax.
15. (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. 2[(2) Nothing contained in this Act shall render an application to the Court under section 543 of the Companies Act, 1956 (I of 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].