Bombay Act No.

XXXVI of 1959
The Bombay Court Fees ACT, 1959
( As modified up to the 20th June 2002 )
1959 : Bom. XXXVI ]
THE BOMBAY COURT-FEES ACT, 1959.
CONTENTS
PREMABLE.
SECTIONS.
CHAPTER I.
PRELIMINARY.
1. Short title, extent, commencement and application.
2. Definitions.
CHAPTER II .

FEES IN THE HIGH COURT AND IN THE SMALL CAUSES COURT AT BOMBAY.

3. Levy of fees in High Court on its original side.

Levy of fees in Bombay Small Causes Court.

4. Procedure in case of difference as to necessity or amount of fee.

CHAPTER III.
COMPUTATION OF FEES.

5. Fees on documents filed, etc, in Courts or in public offices.

6. Computation of fees payable in certain suits---

(i) for moneys.
(ii) for maintenance and annuities.
(iii)for other moveable property having a market value.
(iv) (a) against recovery of any money due as a tax, etc.
(b) similar claim in respect of moveable property.
(c) for status with monetary attribute.
(d) for ownership etc. of immovable property, etc.
(e) declaration for easement, etc.
(f) for other status without monetary attribute.
(g) for charge on property.
(h) for periodical money returns.
(i) for accounts.
(j) for other declarations.

(v) for possession of lands, houses and gardens.

(vi) to enforce a right of pre-emption.
(vii) for share in joint property.
(viii) for interest of assignee of land revenue.
(ix) to set aside an attachment.
(x) to redeem.
to foreclose.
(xi) for specific performance.
(xii) between landlord and tenant.

SECTIONS.
7. Fee on memorandum of appeal against order or award relating to compensation in certain cases.
8. Inquiry as to valuation of suits.
9. Investigation to ascertain proper valuation.
10. Power of persons making inquiry under sections 8 and 9.
11. Costs of inquiry as to valuation and refund of excess fees.
12. Appointment of inspecting officers and recovery in cases reported by them.
13. Taxing of Court-fees and their recovery in suits for mesne profit or accounts.
14. Decision of questions as to valuation.
15. Refund of fee paid on memorandum of appeal.
16. Refund of fee on application for review of judgment
17. Refund where Court reverses or modifies its former decision on ground of mistake.
17A. Period of limitation for refund of fees under section 15,16 or 17.
18. Multifarious suits.
19. Written-examinations of complainants.
20. Exemption of certain documents.

CHAPTER IV
PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION.

21. Relief where too high a Court-fee has been paid.

22. Relief when debts due from a deceased person have been paid out of his estate.
23. Relief in case of several grants.
24. Probates declared valid as to trust property, though not covered by Court-fee.
25. Provision for case where too low a Court-fee has been probates, etc.
26. Administrator to give proper security before letters stamped under section 25.
27. Executors, etc. not paying full Court-fee on probates, etc., within six months after discovery of under payment.
28. Notice of applications for probate or letters of administration to be given to revenue authorities, and procedure
thereon.
29. Payment of Court-fee in respect of probate and letters of administration.
30. Recovery of penalties etc.
31. Sections 5 and 40 not to apply to probates or letters of administrations.
 CHAPTER V
PROCESS FEES.

32. Rules as to costs of processes. Conformation and publication of rules.

33. Table of process fees.
34. Number of peons in District and Subordinate Courts.
Number of peons in Mofussil Small Causes Courts.
35. Number of peons in Revenue Courts.

CHAPTER VI

36. Rate of fee in force on date of presentation of document to be applicable.

37. Collection of fees by stamps.
38. Stamps to be impressed or adhesive.
39. Rules for supply, number, renewal and keeping accounts of stamps.
40. Stamping documents inadvertently received.
41. Amended document.
42. Cancellation of stamp.

CHAPTER VII.
43. Repayment of fee in certain circumstances.
44. Admission in criminal cases of documents for which proper he has not been paid.
45. Sale of stamps.
46. Power to reduce or remit fees.
47. Saving of fees to certain officer of High Court.
47A. Use of former State stamps permissible for certain period to be notified.
48. Saving as to stamp duties.
49. Repeal and saving.
50. Amendment of Suits Valuation Acts.
51. Reduction of Court-fee from amount of stamp duty payable on final order of partition.
52. Rules made by Government to be laid before State Legislature.

SCHEDULES.

I Ad valorem fees.
Table of rates and ad valorem fees leviable on the institution of suits.
II Fixed fees.
III Form of valuation.
ANNEXURE A : Valuation of the moveable and immovable property of deceased.
ANNEXURE B : Schedule of Debts etc.
IV Laws repealed.
V. Laws amended.
1. BOMBAY ACT No. XXXVI OF 1959.
{THE BOMBAY COURT FEES ACT, 1959}
(As modified up to the 20th June 2002)

[This Act received the assent of the President on the 9th June 1959; the assent was first published in the
Bombay Government Gazette, Part IV, on the 16th June 1959 ].
Adapted and modified by the Maharashtra Adaptation of Laws ( State and Cocurrent Subjects ) Order,
1960.
Amended by Mah. 18 of 1960 Amended by Mah. 18 of 2002 (1-10-2201).*
" " " 18 of 1966.
" " " 33 of 1967.
" " " 9 of 1970.
" " " 28 of 1970.
" " " 50 of 1974. (21-09-1974).*
" " " 57 of 1974. (12-12-1974).*
" " " 10 of 1976. (12-04-1976).*
" " " 12 of 1976. (01-07-1976).*
" " " 50 of 1976 (01-04-1976).*
" " " 51 of 1976.
" " " 59 of 1977. (01-01-1978).*
" " " 15 of 1984. (31-07-1984).*
" " " 26 of 1986.
" " " 34 of 1994. (11-05-1994).*
" " " 23 of 1996.
" " " 23 of 1997. (21-02-1997).*
" " " 26 of 2000. (03-03-2000).*

An Act to consolidate and amend the law relating to fees taken in the Court and public offices and fees
taken in respect of certain matters in the State of Bombay, other than fees falling under entires 77 and 96
of List 1 in the Seventh Schedule to the Constitution of India.
Whereas it is expedient to consolidate and amend the law relating to fees taken in the Courts and
public offices and fees taken in respect of certain matters in the State of Bombay, other than fees falling
under entries 77 and 96 of List I in the Seventh Schedule to the Constitution of India : It is hereby
enacted in the Tenth year of the Republic of India, as follows : -

CHAPTER I.
PRELIMINARY .

1. (1) This Act may be called by the Bombay Court-fees Act, 1959. Short title,
(2) It extends to the whole of the 2(State of Maharashtra) extent
commencement
and
application
(3) It shall come into force on such 3(date as the State Government may, by notification in the
Official Gazette, appoint.
(4) The provisions of this Act shall not apply to fees or stamps relating to documents
presented or to be presented before any Officer serving under the Central Government.
(5) In the absence of any specific provision to the contrary nothing in this act shall
affect any special law now in force relating to fees taken in the Courts and public offices.

2.
Definitions . 2. In this Act unless the context otherwise requires-
(a) " Chief Controlling Revenue authority" means such officer as the State Government may, by
notification in the Official gazette, appoint in this behalf for the whole or any part of the 1(State of
Maharashtra);
(b) "Collector" includes any officer authorized by the Chief Controlling Revenue Authority to
perform the functions of a Collector under this Act;
(c.) "Plaint" includes a written statement pleading a set-off or counter-claim.

CHAPTER II
 FEES IN THE HIGH COURT AND IN THE COURT OF SMALL CAUSES AT
BOMBAY.
Levy of fees
in High Court
on its
original side. 3. The fees payable for the time being to the clerks and officers (other than the Sheriffs
and attorney ) of the High Court;

or chargeable in that Court under No. 10 of the first and Nos.11,14,17,20 and 21 of the
second schedule to this act annexed;

Levy of fees in Bombay and the fees for the time being chargeable in the Court of small causes at
small Cause Court. Bombay and its Office, Shall be collected in manner hereinafter appearing.

Procedure in 4.(1)When any difference arises between the Officer whose duty it is to see
that case of difference any fee is paid under this Chapter and any suitor or attorney as to the as
to necessity necessity of paying a fee or the amount thereof, the question shall, when
amount of fee the difference 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 ( Thirty days ) from the date of the decision, by
the Suitor or attorney 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. The Chief Justice shall declare who shall be taxing officer within
the meaning of this sub-section.
(2)When any such difference arises in the Court of Small causes of
Bombay, the question shall be referred to the Clerk of the Court, whose
decision thereon 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 Chief Judge of the Small Cause Court or by such
Judge of that Court as the Chief Judge, shall appoint either generally or
specially in this behalf.

CHAPTER III
COMPUTATION OF FEES.

Fees on documents 5.(1) No document of any of the kinds specified as a chargeable in the first or
filed ,etc., in courts second Schedule to this Act annexed shall be filed, exhibited or recorded in any or
or in public offices. 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)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 (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) 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 (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) When such difference arises in any other Court, the question shall be referred to the final decision of
the Judge presiding over such Court.
*********
(6) The amount of fee payable under this Act in the suits next hereinafter Computation of fees
mentioned shall be computed as follow. payable in certain
suits.

(i) In suits for money (including suits for damages or compensation, or for money
arrears maintenance, of annuities, or of other sums payable periodically)-
according to the amount claim;
(ii) In suits for maintenance (with or without a prayer for the creation of a charge) for maintenance
3.
and for annuities or other sums payable periodically according to the value of the and annuities.
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 fees 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 ;

(iii) In suits for moveable property other than money, where the subject matter has a for other
moveable property
market-value— according to cush value at the date of presenting the plaint, having a market
value.

(iv) (a) In suits for declaration to obtain adjudication against recovery of agaist recovery of
any money due as a
x of
money from the plaintiff, whether the recovery is as land revenue or arrears tax etc.
1940 of or order of a court or any certificate or award other than under the
Arbitration Act, 1940 or in any other manners 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 3[sixty
rupees];
1. These words were substitued for the words "sixty days" by Mah.28 of 1970, s.2
2. Sub-section (5) was deleted by Mah.59 of 1977 s.8.
3. These words were substituted for the words "thirty rupees" by Mah18 of 2002, s.2(a)(1)

Provided that, when in addition any consequential relief other than

possession is sought , the amount of fee shall be one half of an 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 ;
similar (b) In suits for declaration similar to those falling under sub – paragraph (a)
claim in
respect of
in respect of moveable property- one fourth of ad valorem feel eviable on the
moveable value of the moveable property subject to the minimum fees as under sub-
property 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 ;
For Status ( c ) In suits for declaration of the status of plaintiff, to which remuneration
with
monetary
honorarium, grant, salary, income, allowance or return is attached, one-
attribute. 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 ;
for (d) in suits for declaration in respect of ownership, or nature of tenancy,
ownership
etc. of
title, tenure, right, lease, freedom or exemption from, or non-liability to,
immoveabl attachment with or without sale or other attributes , of immoveable property,
e property such as a declaration that certain land is personal property of the Ruler of
etc. any former Indian State or public trust property or property of any class or
community-one-fourth ad valorem fee leviable for a suit for possession on
the basis of title of the subject-matter, subject to a minimum fee of 1[ 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 2 [ Sixty Rupees ]. whichever is less :

Provided further that, where the defendant is or class under or through a

limited owner, the amount of fee shall be 3 [one-third]of such ad valorem
fee, subject to the minimum fee specified above :
1 These words were substituted for the words "Forty Rupees" by Mah.. 18 of 2002, s. 2(a)(2)(i).
2 These words were substituted for the words " Thirty Rupees" ibid., s.2 (a)(2)(ii)
3. These words were substituted for the words " One-sixth " by Mah. 23 of 1996, s.2(b)(ii)

Provided also that , in any of the cases falling under this clause except declaration for
easements etc.
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 relief also sought include a relief for possession
the amount of fee shall be the full ad valorem fee ;

(e) 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 : -
1
TABLE
Bom. Area Fee
LIX of (1) (2)
1949. (a) The area within the limits of the Municipal one-fourth of the
Corporation of Brihan Mumbai or the ad valorem fee
Corporation of the City of the Nagpur or any leviable
Municipal Corporation constituted under the for a suit for
Bombay Provisicial Municipal Corporations possession of the
Act, 1949. servient tenament
or the dominant
tenement,
whichever is less,
subject to a
minimum fee of one
hundred rupees.

Mah. XL of (b) Areas within the limits of Municipal Councils one-sixth of the ad
1965 constituted under the Maharashtra Municipal Councils, valorem fee
Nagar Panchayats and Industrial Townships Act, 1965. 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". ]
 (f) In suits for declaration of status to which no direct monetary attribute is For other status
without monetary
attached such as a declaration that the plaintiff is a married husband or wife attribute.
of the defendant or divorce husband or wife of the defendant or a
declaration about legitimacy of children or about citizenship rights or about
an adoption 2 [one hundred rupees].

Provided that where injunction or other consequential relief is also

sought in such case, the amount of fee shall be 3 [one hundred fifty rupees]

(g) In suits for declaration of a charge in favour of the plaintiff on for charge on
moveable or immoveable property- one half of ad valorem fee payable on property.
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 :
(h) In suits for declaration in respect of periodical charge or money for periodical
money returns.
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 ;
4 for aoidence of
(ha) In suits for declaration that any sale, for contract for sale or
sale, contract for
termination of contract for sale, of any moveable or immoveable property is sale, etc.
void 5[one half] of ad valorem fee leviable on the value of the property;
1. This table was substituted by Mah. 18 of 2002 s. 2 (a) (3) .
2. These words were substituted for the words " sisty rupees ", ibid , s. 2 (a) (4) (i)
3. These words were substituted for the words " one hundred rupees ", ibid., s. 2 (a)(4)(ii)
4. Sub-paragraphs (ha) amd (hb) were inserted by Mah. 9 of 1970, s. 4(a)
5. These words were substituted for the word, " One-fourth" by Mah. 23 of 1996, s.2(1)(e)and (f)
for (hb) In suits for declaration that any proceedings for compulsory acquisition of any moveable or
1
avoidance immoveable property are void [one half of ad voleloram fee leviable on the value of the property;]
of
acquisition
proceeding
s.
for (i) In suits for accounts-according to the amount at which the relief sought is valued in the plaint
accounts or memorandum of appeal, subject to the provisions of section 8. and subject to a minimum fee of
2
[one hundred rupees];
for other (j) In suits where declaration is sought, with or without injunctions or other consequential relief
declaration and the subject-matter in dispute is not susceptible of monetary evaluation and which are not
s. otherwise provided for by this Act 3[ ad valorem fee payable, as if the amount or
value of the subject matter was 4[one thousand rupees;]

In all suits under clauses (a) to (i) the plaintiff shall state the amount at
which he values the relief sought, with the reasons for the valuation;

for (v) In suits for the possession of land, houses and gardens-according to the
possession
of lands
value of the subject-matter ; and such value shall be deemed to be where the
houses and subject-matter is a house or garden -according to the market value of the
gardens. house or garden and where the subject – matter is land and -
(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 5 [forty
times] the survey assessment;
(b) Where the land is held on a permanent settlement, or on a settlement
for any period exceeding thirty years, and pays full assessment to
Government-a sum equal to 6[eighty times] the survey assessment; and
( 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 6[eighty times] the assessment or, the portion
of assessment so remitted;
to enforce a (vi) In suits to enforce a right of pre-emption-according to the value
right of
pre-
(computed in accordance with paragraph (v) of this section) of the land,
emption ' house or garden in respect of which the right is claimed;
for share in (vii) In suit for partition and separate possession of a share of joint family
joint
property
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;
for interest (viii) In suits for the interest of an assignee of land-revenue, 7[fifty
of assignee
of land
times]his net profits as such for the year next before the date of presenting
revenue the plaint;
1. These words were substituted for the words " one fourth" by Mah.23 of 1996, s. 2 (1)(e)and (f)
2. These words were substituted for the words " Forty rupees" by Mah.18 of 2002, s. 2 (5).
3. These words were substituted for the words " Thirty rupees" by Mah.9 of 1970, s. 4(b).
4. These words were substituted for the words " one fourth" by Mah.23 of 1996, s. 2 (1)(e)and (f)
s. 2 (6).
5. These words were substituted for the words "twenty times" ibid., s.2 (6) (b) (1)
6. These words were substituted for the words "forty times" ibid., s.2 (6) (b) (2)
7. These words were substituted for the words "thirty times" ibid., s.2 (6) (c) .

(ix) In suit to set aside an attachment of land or of an interest in land to set aside an
attachment.
or revenue – according to the amount for which the land or interest was
attached :
Provided that, where such amount exceeds the value of land or interest
the amount of fee shall be computed as if the suit were for the possession of
such land or interest ;
(x) In suits against a mortgagee for the recovery of the property mortgaged, to redeem.
and in suits by a mortgagee to foreclose the mortgage,
or, when the mortgage is made by conditional sale, to have the sale declared to foreclose.
absolute.
according to the principle money expressed to be secured by the
instrument of mortgage;
(xi) In suits for specific performance ---- for specific
performance.

(a) of a contract of sale---according to the amount of the consideration,

(b) of a contract of mortgage— according to the amount agreed to be
secured,
( 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. ,
(d) of an award— according to the amount or value of the property in
dispute;
(xii) In the following suits between landlord and tenant : - between landlord
and tenant.
(a) for the delivery by a tenant of the counterpart of a lease,
(b) to enhance the rent of a tenant having a right of occupancy,
(c) for the delivery by a landlord of a lease,
(d) for the recovery of immoveable property from a tenant including a
tenant holding over after the determination of a tenancy,
(e) to contest a notice of ejectment,
(f) to recover the occupancy of immovable property from which a tenant
has been illegally ejected by the landlord, and
(g) for abatement of rent ----

according to the amount of the rent of the immovable propert to

which the suit refers, payable for the year next be fore the date of presenting
the plaint.
7. (1) The amount of fee payable under this Act on a memorandum of Fee on
memorandum of
appeal against and order relating to compensation under any Act for the appeal against
time being in force for the acquisition of land for public, purposes shall be order or award.
computed according to the difference between the amount awarded and the
amount claimed by the Appellant.
VI of 1939 (2) The amount of fee payable under this Act on a memorandum of relating to
compensation in
appeal against VI of an award of a Claims Tribunal preferred under Section certain cases.
110-D of the * Motor Vehicles Act, 1939, shall be computed as follows :
(i) If such appeal is preferred by the insurer or owner of the motor
vehicle – the 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 :
*Now See the Motor Vehicle Act, 1988.

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.
Inquiry as 8.. If the Court is of opinion that the subject— matter of any suit has
to
valuation
been wrongly valued or if an application is made to the Court for the
of suits. 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.
Investi 9. (1) For the purpose of an inquiry under section 8 the Court may
gation to
ascertain
depute or issue a commission to, any suitable person to make such local or
proper other investigation as may be necessary and to report thereon to the Court.
valuation. Such report and any evidence recorded by such person shall be evidence in
the enquiry.
(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 cost 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.
Power of 10. (1) The Court when making an inquiry under section 8 and any person V of 1908
persons
making
making an investigation under section 9 shall have respectively for the
inquiry purposes of such inquiry of investigation, the powers vested in a Court
under under the Code of Civil Procedure, 1908, in respect of the following matters
section 8 & namely : -
9

(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 of the examination of witnesses;
(d) taking or receiving evidence on affidavits.

(2) An inquiry or investigation referred to in sub-section (1) shall be XLV of 1860

deemed to be a judicial proceeding within the meaning of sections 193 and
228 of the Indian Penal Code.
Cost of 11. If in the result of an inquiry u/sec.8 the Court finds that the subject
inquiry as
to valuation
matter of the suit has been undervalued, the Court may order the party
and refund responsible for the undervaluation to pay all or any part of the costs of the
of excess inquiry.
fee.
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.
12. (1) The State Government may appoint generally, or in any case, or Appointment of
inspecting officers
for any specified class of cases, in any local area, one or more officers to be and recovery in cases
called inspecting officers. reported by them.

(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) 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 as has not been paid or has been insufficiently paid, be shall report the
fact to the Presiding Officer of the Court.

(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) 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 case 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 conform the finding and make an order requiring such person
to pay the proper fee and the costs before a specified date.

(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.

13. (1) In a suit for the recovery of possession of immovable property and Taxing of Court-
fees and their
mesne profits or for mesne profits or for an account,the difference, if any, recovery in suits
between the fee actually paid and the fee which would have been payable for mesne profits or
had the suit comprised the whole of the profits or amount found due shall, account.
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) The Court shall send a copy of decree passed in such suit to the
Collector.'
(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 recovered 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.
 14. (1) Every question relating to valuation for the purpose of Decision of
questions as to
determining the amount of any fee chargeable under this Chapter on a valuation.
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) 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 required the party
by whom such fee has been paid to pay so much additional fees as would
have been payable had the question been rightly decided .
Refund of 15. If an appeal or plaint, which has been rejected by the lower Court on V of 1908
fee paid on
memorandu
any of the grounds mentioned in the Code of Civil Procedure, 1908, is
m of appeal. ordered to be received or if a suit is remained 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 from the
Collector 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.
Refund of 16. Where an application for review of judgment is presented on or after
fee on
application
the 1[thirtieth day] from the date of the decree, the Court, unless the delay
for review was caused by the applicant's laches, may, in its discretion, grant him a
judgment. certificate authorizing him to receive back from the Collector 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.
Refund of 17. Where an application for a review of judgment is admitted, and
where
Court
where, on the rehearing, the Court reverses or modifies its former decision
reservses or on the ground of mistake in law or fact, the applicant shall be entitled to a
modifies its certificate from the Court authorizing him to receive back from the
former Collector so much of the fee paid on the application as exceeds the fee
decision on
ground of payable on any other application to such Court under the second schedule to
mistake. 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.
Period of 2
[17A. Where the certificate is granted to any person under section 15,16
limitation
for refund
or 17 no fee thereunder shall be refunded, unless such person presents it to
of fees the Collector or such other authority as may be prescribed by rules, for
under encashment, within two years from the date of issue of the certificate by the
Section Court].
15,16 or 17
Multifariou 18. Where a suit embraces two or more distinct subjects, the plaint or
s suits.
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. V of 1908.
Nothing in the former part of this section shall be deemed to affect
the power conferred by the Code of Civil Procedure, 1908, Schedule I, Order
II, rule 6.
Written 19. When the first or only examination of a a person who complaints of
examination
s of
the offence of wrongful confinement, or wrongful restraint, or of any offence
complainant other than an offence for which police officers may arrest without a warrant,
s. 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 3[Code of '[II of 1974]
Criminal Procedure, 1973], the complainant shall pay a fee of 5[ten rupees]
unless the Court thinks fit to remit such payment.
 1. These words were substituted for the words " ninetieth day " by Mah. 50 of 1976 s. 2
2. Section 17 A was inserted by Mah. 18 of 1966 s. 2.
3. These words were substituted for the words "Code of Criminal Procedure, 1898, by Mah. 23 of
1996, s. 3 (a).
4.These words were substituted for the words " V of 1898 " , ibid.
5. This words were substituted for the words " two rupee " by Mah. 18 of 2002, s. 3
20. 1[1] Nothing contained in this Act shall render the following documents chargeable with any fee Exemption of
:- certain documents.

(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.
(ii) Application for certificate copies of documents or for any other
purpose in the course of a criminal proceeding presented by or on behalf on
the State Government to a criminal Court.
(iii) Written statements called for by the Court after the first hearing of a
suit.
(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.
(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.
(vi) Application relating to a supply for irrigation of water belonging to
Government.
(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.
(viii) Application for service of notice of relinquishment of land or of
enhancement of rent.
(ix) Written authority to an agent to distrain.
(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.
(xi) Petition by a prisoner, or other person in duress or under restraint
of
any Court or its Officer.
XLV of (xii) Complaint of a public servant ( as defined in the Indian Penal
1860
Code), a Municipal Officer, or an officer or servant of a Railway
Company.
(xiii) Application for the payment of money due by Government to the
applicant.
(xiv) Petition of appeal against any municipal tax.
(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.
I of 1956 1
[2) Nothing contained in this Act shall render an application to the Court
under section 543 of the Companies Act, 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 and 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. ].
1. Section 20 was renumbered as sub-section (1) and sub-section (2) was
added by Mah. 18 of 1960, s.2.
CHAPTER IV
PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES
OF ADMINISTRATION.
Relief 21. Where any person on applying for the probate of a will or letters of
where too
high a
administration has estimated the property of the deceased to be of greater
court-fee value than the same has afterwards proved to be, and has consequently paid
has been too high a court-fee thereon if within six months after the true value of the
paid. property has been ascertained, such person produces the probate or letters to
the Chief Controlling Revenue Authority for the local area in which the
probate or letters has or have granted.,

and delivers to such Authority a particular inventory and valuation of

the property of the deceased, verified by affidavit or affirmation.

and if such Authority is satisfied that a greater fee was paid on the
probate or letters than the law required.
the said authority may -----
(a) Cancel the stamp on the probate or letters if such stamp has not been
already canceled;
(b) Substitute another stamp for denoting the court-fee which should
have been paid thereon; and
( c ) Make an allowance for the difference between them as in the case of
spoiled stamps, or repay the same in money, at his discretion.
Relief when 22. Whenever it is proved to the satisfaction of such Authority, that an
debts due
from a
executor or administrator has paid debts due from the deceased to such an
deceased amount as being deducted out of the amount or value of the estate, reduced
person have the same to a sum which, if it had been the whole gross amount or value of
been paid the estate, would have occasioned a less court-fee to be paid on the probate
out of his
estate. or letters of administration granted in respect of such estate than has been
actually paid thereon under this Act.

Such Authority may return the difference, provided the same be

claimed within three years after the date of such probate or letters.

But then, by reason of any legal proceeding, the debts due from the
deceased have not been ascertained and paid, or his effects have not been
recovered and made available, and in consequence thereof the executor or
administrator is prevented from claiming the return of such difference
within the said term of three year, the said authority may allow such further
time for making the claim as may appear to be reasonable under the
circumstances.
Relief in 23. Whenever a grant of probate or letters of administration has been or is
case of
servant
made in respect of the whole of the property belonging to an estate, and the
grants. full fee chargeable under this Act has been or is paid thereon , no fee shall
be chargeable under the same Act when a like grant is made in respect of
the whole or any part of the same property belonging to the same estate.
Whenever such a grant has been or is made in respect of any
property forming part of an estate, the amount of fees then actually paid
under this Act shall be deducted when a like grant is made in respect of
property belonging to the same estate, identical with or including the
property to which the former grant relates.
24. The probate of the will or the letters of administration of the effects of Probates declared
valid as to trust
any person deceased heretobefore or hereafter granted shall be deemed valid property, though
and available by his executors or administrators for recovering, transferring not covered by
or assigning any moveable or immovable property whereof or whereto the court-fee.
deceased was possessed or entitled, either wholly or partially as a trustee,
notwithstanding the amount or value of such property is not included in the
amount of value of the estates in respect of which a court-fee was paid on
such probate or letters of administration
25. Where any person on applying for probate or letters of administration Provision for case
where too low a
has estimated the estate of the deceased to be of less value than the same has court-fee has been
afterwards, proved to be, and has in consequence paid too low a Court-fee paid on
thereon, the Chief Controlling Revenue Authority for the local area in probates,etc.
which the probate or letters has or have been granted may, on the value of
the estate of the deceased being verified by affidavit or affirmation, cause the
probate or letters of administration to be duly stamped on payment of the
full court-fee which ought to have been originally paid thereon in respect of
such value and of the further penalty, if the probate or letters is or are
produced within one year from the date of the grant, of five times, or, if it or
they is or are produced after one y ear from such date, of twenty times, such
proper court-fee without any deduction of the court fee originally paid on
such probate or letters :
Provided that if the application be made within six months after the
ascertainment of the true value of the estate and the discovery that too low a
court-fee was at first paid on the probate or letters, and if the said Authority
is satisfied that such fee was paid in consequence of a mistake or if its not
being known at the time that some particular part of the estate belonged to
the deceased, and without any intention of fraud or to delay the payment of
the proper court-fee the said Authority may remit the said penalty, and cause
the probate or letters to be duly stamped on payment only of the sum
wanting to make up the fee which should have been at first paid thereon.

26. In case of letters of administration on which too low a court fee has Administrator to
give proper
been paid at first, the said Authority shall not cause the same to be fully security before
stamped manner aforesaid until the administrator has given such security to letters stamped
the Court by which the letter of administration have been granted as ought under section 25.
by law to have been given on the granting thereof in case the full value of
the estate of the deceased had been then ascertained.
27. Where too low a court fee has been paid on any probate or letters of Executors, etc. not
paying full court
administration in consequence of any mistake, or of its not being known at fee on probates etc.
the time that some particular part of the estate belonged to the deceased, if within six months
any executor or administrator acting under such probate or letters does not, after discovery of
within six months after the discovery of the mistake or of any effects not under payment.
known at the time to have belonged to the deceased, apply to the said
Authority and pay what is wanting to make up the Court fee which ought to
have been paid at first ion such probate or letters, he shall forfeit the sum of
one thousand rupees and also a further sum at the rate of ten rupees per
cent. on the amount of the sum wanting to make up the proper court fee.
 28. (1) Where an application for probate or letters of administration is Notice of
applications for
made in any Court other than the High Court, the Court shall cause notice probate or letters
of the application to be given to the Collector. of administration to
(2) where such an application as aforesaid is made to the High Court, be given to
the High Court shall cause notice of the application to be given to the Chief Revenue
Authorities, and
Controlling Revenue Authority. procedure thereon.
(3) The Collector within the local limits of whose revenue-jurisdiction
the property of the deceased or any part thereof, is, may at any time inspect
or cause to be inspected, and take or cause to be taken copies of, the record
of any case in which application for probate or letters of administration has
been made; and if, on such inspection or otherwise, he is of opinion that the
petitioner has underestimated the value of the property of the deceased, the
Collector shall forward his report, giving therein his reasons for his opinion
and his estimate of the true valuation, to the Prothonotary of the High Court
or the Court, as the case may be, serving at the same time a copy of his
report on the petitioners.
(4) If within thirty days from the date of receipt of the copy of the
Collector's report served on him under sub-section (3) petitioner does not
file in Court his objections to the Collector's valuation, the court shall make
an order amending the petitioner's valuation, in accordance with the report
of the Collector.
(5) If within the aforesaid period the petitioner files in court his
objection, the Court shall hold, or cause to be held, an inquiry in accordance
with the provisions of sections 9, 10 and 11 as if the application were a suit,
and shall record a finding as to the true value, as near as may be , at which
the property of the deceased should have been estimated. The Collector
shall be deemed to be a party to the inquiry.
(6) The finding of the Court recorded under sub-section (5) shall be
final but, shall not bar the entertainment and disposal by the Chief
Controlling Revenue Authority of any application under section 25.
(7) The State Government may make rules for the guidance of
Collectors in the exercise of the powers conferred by sub-section (3).

Payment of 29. (1) No order entitling the petitioner to the grant of probate or letters
Court-fee in
respect of
of administrations shall be made upon an application for such grant until
probate and the petitioner has filed in the Court a valuation of the property in the form
letters of set forth in the third Schedule, and the court is satisfied that the fee
administrati mentioned in No. 10 of the first schedule has been paid on such valuation.
on .
(2) The grant of probate or letters of administration shall not be
delayed by reason of any report made by the Collector under section 28, sub-
section (3)
Recovery of 30. (1) Any excess fee found to be payable on an inquiry held under
Penalties,
etc.
section 28, and any penalty or forfeiture under section 27, may, on the
certificate of the Chief Controlling Revenue Authority, be recovered from
the executor or administrator as if it were an arrear of land-revenue by any
Collector.
(2) The Chief Controlling Revenue Authority may remit the whole
or any part of any such penalty or forfeiture as aforesaid or any part of any
penalty under section 25 or if any court-fees under section 25 in excess of
the full court-fee which ought to have been paid.
Sections 5 31. Nothing in section 5 or section 40 shall apply to probates or
and 40 not
to apply to
letters of administration.
probates or
letters of
administrati
on.
 CHAPTER V
PROCESS FEES.

Rules as to 32. The High Court shall make rules as to the following matters : -
costs of (i) the fees chargeable for serving and executing processes issued by such
processes.
Court in its appellate jurisdiction, and by the other Civil and Revenue Court
established within the local limits of such jurisdiction ;
(ii) the fees chargeable for serving and executing processes issued by the
Criminal Court, established within such limits in the case of offences other
than offences for which police officers may arrest without a warrant; and
(iii) the remuneration of the peons and all other persons employed by
leave of a Court in the service of execution of process.
The High Court may from time to time alter and add to the rules so
made.
All such rules, alterations and additions shall, after being Confirmation and
confirmed by the State Government, be published in the Official Gazette, publication of
and shall thereupon have the force of law. rules.

33. A table in the English and regional languages,showing the fees Tables of process-
fees.
chargeable for such service and execution, shall be exposed to view in a
conspicuous part of each Court.
34. Subject to rules to be made by the High Court and approved by Number of peons in
District and
the State Government, every District Judge of the Bombay City Civil Court subordinate courts.
and every Magistrate of a District shall fix, and may from time to time alter,
the number of peons necessary to be employed for the service and execution
of processes issued out of his Court, and each of the Courts subordinate
thereto.
IX of 1887 and for the purposes of this section, every Court of Small Causes established Number of peons in
mofussil Small
under the Provincial Small Cause Courts Act, 1887, shall be deemed to be Causes Courts
subordinate to the Court of the District Judge.
35. Subject to rules to be framed by the Chief Controlling Revenue Number of peons in
revenue Courts.
authority and approved by the state Government, every officer perofrming
the functions of a Collector of a District shall fix, and may from time to time
alter, the number of peons necessary to be employed for the service and
execution of processes issued out of his Court or the Courts subordinate to
him.
CHAPTER VI
OF THE MODE OF LEVYING FEES
36. All fees shall be charged and collected under this Act at the rate Rate of fee in force
on date of
in force on the date on which the document chargeable to court-fee is or was presentation of
presented document to be
applicable.

37. All fees referred to in section 3 or chargeable under this Act shall collection of fees by
stamps.
be collected by stamps.
38. The stamps used to denote any fees charegable under this Act Stamps to be
impressed or
shall be impressed or adhesive or partly impressed or partly adhesive, as the adhesive.
State Government may, by notification in the Official gazette from time to
time, direct.
39. The State Government may from time to time, make rules for Rules for supply,
number, renewal
regulating- and keeping
(a) the supply of stamps to be used under this Act. accounts of stamps.
(b) the number of stamps to be used for denoting any fee chargeable
under this act,
( c ) the renewal of damaged or spoiled stamps, and
(d) the keeping accounts of all stamps used under this act :
Provided that in the case of stamps used under section 3 in the High Court,
such rules shall be made, with the concurrence of the Chief Justice of such
Court.
All such rules shall be published in the Official Gazette, and shall
thereupon have the force of law.
Stamping 40. No document which ought to bear a stamp under this Act shall be of
documents
in
any validity, unless and until it is properly stamped.
advertently
received. But, if 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 the 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.
Amended 41. Where any such document is a amended in order merely to correct a
document.
mistake and to make it conform to the original intention of the parties, it
shall not be necessary to impose fresh stamp.

Cancellatio 42. No document requiring a stamp under this Act shall be filed or
n of
Stamps.
acted upon in any proceeding in any Court or office until the stamp has been
canceled.
Such Officer as the Court or the head of 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.

CHAPTER VII.
MISCELLANEOUS.
Repayment 43. (1) When any suit in a Court 1[or any proceeding instituted by XXV of 1955
of fee in
certain
presenting a petition to a Court under the Hindu Marriage Act, 1955] is
circumstanc settled by agreement of parties before any evidence is recorded, or any
es. appeal or cross objection is settled by agreement of parties before it is called
on for effective hearing by the Court, half the amount of the fee paid by the
plaintiff.
2
[petitioner] appeallant, or respondent on the plaint. 2[petition] appeal or
cross objection, as the case may be, shall be repaid to him by the Court :
Provided that, no such fee shall be repaid if the amount of fee paid
does not exceed 3[twenty five rupees] or the claim for repayment is not made
within one year from the date on which the suit, 2[proceeding] appeal or
cross objection was settled by agreement.

(2) The State Government may, from time to time, by order, provide for
repayment to the plaintiffs, 2[petitioners] appellants or respondents of any
part of the fee paid by them on plaints 2[petitions] appeals or cross
objections in suit 2[proceeding] or appeals disposed of under such
circumstances and subject to such conditions as may be specified in the
order.
Explanation : - For the purpose of this section, effective, hearing
shall exclude the dates when the appeal is merely adjourned without being
heard or argued.
Admission 44. Whenever the filing or exhibition in a Criminal Court of a
in criminal
cases of
document in respect of which the proper fee has not been paid is, in the
documents opinion of the presiding Judge, necessary to prevent a failure of justice,
for which nothing contained in section 5 shall be deemed to prohibit such filing or
proper fee exhibition.
has not been
paid.

1. These words were inserted by Mah. 33 of 1967, S. 2 (a) (i)

2.These words were inserted, ibid., s. 2.
3. These words were substituted for the words ""
45. (1) The State Government may, from time to time make rules for relating sale of the sale of Sale of Stamps.
stamps to be used under this Act, the persons by whom alone such sale is to be conducted, and the
duties and remuneration of such persons.
(2) All such rules shall be punished in the Official Gazette and shall thereupon have the force of
law.
(3) Any person appointed to sell stamps who disobeys any rule made under this section, and any
person not so appointed who sells or offers for sale any stamp, shall, on conviction, be punished with
imprisonment for a term which may extend to six months, or with fine may extend to 1[two thousand
rupees but which shall not be less than five hundred rupees] , or with both.
46. The State Government may, from time to time, by notification in the Official Gazette, reduce or Power to reduce or
remit, in the whole or in any part of the territories under its administration all or any of the fees remit fees.
mentioned in the first and second schedules to this Act annexed, any may in like manner cancel or
vary such order.

47 Nothing in Chapters II and VI of this Act applies to the fees which any officer of the High Court Saving of fees to
is allowed to receive in addition to a fixed salary. certain officers of
High Court.
2
[* * *]
48. Nothing in this Act shall be deemed to effect the stamp duties chargeable under any other Saving as to stamp
law for ths time being in force relating tio stamp duties. duties.
49. (1) On the commencement of this Act, the laws specified in column 3 of the Schedule IV Repeal and saving.
hereto annexed shall be repealed in the manner and to the extent specified in column 4 thereof :
Provided that, such repeal shall not affect the previous operation iof any of the laws so
repealed and anything done or any action taken (including any appointment, notification, order,
rule, form, application, reference, notice, report or certificate made or issued) under any such law
shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done
or taken under the corresponding provision of this Act and shall coantinue to be in force
accordingly, unless and until supreseded by anything done or any action taken under this Act :
Provided further that, all the fees shall be charged and collected under this Act at the
rate in force on the date on which the document chareable to Court-fee is or was presented.
2(a) All stamps in deniominations of annas four or multiples thereof shall be deemed to be
stamps of the value of twenty-five naya paise or, as the case may be, multiples thereof and valid
accordingly .
1. These words were substituted for the words ' five hundred rupees ' by Mah. 18 of 2002 s. 5
2. Section 47-A was deleted, ibid., s. 6.
 (b) If any person is possessed of a stamp or stamps in any denominations other than
denominations of annas four or multiples thereof, and such stamps or stamps has or have not been
spoiled , the collector shall repay to such person the value of such stamp or stamps in money
calculated in accordance with the provisions of sub section (2) of Section 14 of the Indian Coinage IIIrd of 1906
Act, 1906, upon such person delivering up, with in six months from the commencement of this Act,
such stamp or stamps to the Collector.
Amendment 50. On the commencement of this Act, the laws specified in column 3 of Schedule V thereto
of suits annexed shall be amended in the manner and to the extent specified in column 4 thereof.
valuation
Act.
3
[Reduction 51. Notwithstanding anything contained in the Bombay Stamp Act, 1958 , where court-fee is Bom.
of Court-fee paid in a suit for partition in accordance with the provisions of clause (vii) of section 6 of this Act LX of 1958
1
from [the stamp duty] payable on a final order for effecting a partition passed by any Revenue Authority
amount of or any Civil Court under article 46 in Schedule 1 to the Bombay Stamp Act, 1958 2[shall be Bom.
stamp duty reduced by the amount of the Court-fee paid in such suit. ]. LX of 1958
payable on
final order
of
partition.]
Rules made 52.. All rules made by the State Government under this Act shall be laid before each House of the
by State Legislature as soon as may be after they are made and shall be subject to such modifications as
Governmen the State Legislature may make during the session in which they are so laid or the session
t to be laid immediately following --
before State
Legislature.

SCHEDULE I
Ad volorem fees.

Number. ..... (2) Proper fee.

4[1. Plaint or memorandum of appeal (not When the amount or value of the subject two hundred
otherwise) provided for in this Act) or, of matter in dispute does not exceed one rupees.
cross objection presented to any Civil or thousand rupees.
Revenue Court .
When the such amount or value exceeds Twelve
one thousand rupees, for every one rupees.
hundred rupees, o part thereof, in excess
of one thousand rupees, up to five
thousand rupees.
Fifteen
When the such amount or value exceeds rupees.
five thousand rupees, for every one
hundred rupees, or part thereof, in excess
of five thousand rupees, up to ten
thousand rupees.

1.These words were substituted for the words "no stamp duty shall be" by Mah.34 of 1994, s.2(i).
2. These words were added, ibid., s.2(ii). s. 2(iii)
3. The marginal note was substituted ,ibid., 2002, s. 7.
4. Article 1 was substituted by Mah.18 of
Number. ..... Proper fee.
1

when such amount or value exceeds ten

thousand rupees, for every five hundred Seventy five rupees.
rupees, or part thereof, in excess of ten
thousand rupees , up to twenty thousand
rupees.

When such amount or value exceeds

twenty thousand rupees, for every one One hundred
thousand rupees, or part thereof, in rupees.
excess of twenty thousand rupees, up to
thirty thousand rupees.

When such amount or value exceeds

thirty thousand rupees, for every two
thousand rupees, or part thereof, in One hundred
excess of thirty thousand rupees, up to rupees.
fifty thousand rupees.

When such amount or value exceeds fifty

thousand rupees, for every five thousand
rupees , or part thereof, in excess of fifty
thousand rupees, upto one lakh of rupees. One hundred and
fifty rupees.
When such amount or value exceeds one
lakh of rupees, for every ten thousand
rupees, or part thereof, in excess of one
lakh of rupees, upto eleven lakh of Two hundred
rupees. rupees.
When suchd amount or value exceeds
eleven lakh of rupees, for every one lakh
of rupees, or aprt thereof, in excess of One thousand
eleven lakh of rupees : two hundred
rupees.
provided that, the maximum fee leviable
on the plaint or memorandum of appeal
or of cross objection shall be three lakh
of rupees ]
2. Plaint in a suit for possession under
1
[section 6 of the specific Relief Act, 1963. XLII of
.....
1963
A fee of one-half
the amount
prescribed XLII of
3. Plaint, application or petition(including in the scale under
memorandum of appeal), to set aside or 1963 Article 1.
.....
modify any award otherwise than under the x of
Arbitration Act, 1940. A fee on the amount 1940
or value of the
award sought to be
set aside or
modified .
4. Plaint, application or petition (including
according to the
memorandum of appeal) which is capable of
....... scale prescribed
being treated as a suit, to set aside a decree or
under Article 1.
order having the force of decree.
The same fee as is
leviable on a plaint
These words and figures were substituted for in a suit to obtain
the words and figures the specific relief Act, the relief granted in
1877, Section 9 by Mah. 23 of 1966, s.4(b). the decree or
order, as the case
5. Plaint in a suit , application or petition may be.
(including memorandum of appeal) to set
aside alienation to which the plaintiff,
applicant or appellant, as the case may be,
........
was a party, either directly or through a legal
guardian other than de facto or adhoc
guardian, manager or partner of court.
A fee on the extent
of the value of
alienation to be set
aside, according to
the scale
prescribed
under Aricle A
 6. Plaint in a suit (including memorandum of ......... A fee of one half of
appeal) for possession between the guardian the amount
and ward, trustee and beneficiary, principal prescribed in the
and agent, wife and husband, executor or scale under Article
administrator and beneficiary, receiver and 1.
owner of property and between persons
having fiduciary relationship.

7. Any other plaint, application or petition .......... A fee on the amount

( including memorandum of appeal ) , to of the monetary
obtain substantive relief capable of being gain, or loss to be
valued in terms of monetary gain or prevented,
prevention of monetary loss, including cases according to the
wherein application or petition is either scale prescribed
treated as a plant or is described as the mode under Article 1.
of obtaining the relief as aforesaid.

8. Application for review of judgment if ................. The fee leviable on

presented on or after the 1[thirtieth day]
the plaint or
from the date of the decree.
memorandum of
9. Application for review of judgment if appeal.
presented before the 1[thirtieth day] from ......... One half of the fee
the date of the decree.
leviable on the
plaint or
1.These words were substituted for the words memorandum of
'ninetieth day by Mah.50 of 1976,s.3. appeal.

1[10. Probate of a will or letters of When the amount or value of the

administration with or without will annexed. property in respect of which the grant of Two per cent.
probate or letters is made exceeds one
thousand rupees on the amount of value
up to fifty thousand rupees.

When the amount or value of the

property in respect of which the grant of Four per cent.
probate or letters is made exceeds fifty
thousand rupees, on the part of the
amount in excess of to fifty thousand
rupees up to two lakh rupees.

When the amount or value of the

property in respect of which the grant of Six per cent.
probate or letters is made exceeds two
lakh rupees on the part of amount of
value in excess of two lakh rupees

When the amount or value of the

property in respect of which the grant of
probate or letters is made exceeds three Seven and half per
lakh rupees on the part of amount of cent. Subject to the
value up to three lakh rupees . maximum of
75,000/- Rs.
Provided that, when after the grant of a
certificate under part X of the Indian
Succession Act, 1925 or under Bombay XXXIX
Regulation VIII of 1827. Or any of 1950 ,
corresponding law for the time being Reg.VIII
enforce, in respect of any property of 1827.
included in an state , a grant of probate or
letters of administration is made in
respect of the same estate, the fee payable
in respect of the latter grant shall be
reduced by the amount of the fee paid in
respect of the former grant]

.....
11.Certificate under part – X of the Indian The fee leviable in
XXXIX of
Succession Act, 1925. the case of a
1925.
probate [Article
10} on the amount
or value of any
debt or security
specified in the
certificate under
section 374 of the
Act , and 1[two
times ] this fee on
 the amount or
value of any debt
or security to which
the certificate is
extended under
section 376 of the
Act.
Note: - (1) The
amount of a debt is
its amount
including interest
on the day on
which the inclusion
of the debt in the
certificate is
applied for so far
as such amount
can be ascertained;

2. Whether or not
any power with
respect to a
security specified in
a certificate has
been conferred
under the Act ; and
where such a power
has been so
conferred, whether
the power is for the
receiving of interest
or dividend on, or
for the negotiation
or transfer of the
security, or for the
both purposes the
value of the
security is it is
market value on the
day on which the
inclusion of the
security in the
certificate is
applied for so far
as such value can
be ascertained .
12. Certificate under Bobay Regulation VIII ...... The fee leviable in Reg.
of 1827 or under any corresponding Law in the case of a VIII
force. probate (Art. 10) of 1827.
on the amount or
the value of the
property in respect
of which the
certificate is
granted.
13. Plaint presented with an originating . . .. The fee leviable on
summons under the Rules of the High Court a plaint any suit or
of Bombay, (Original Side), 1[1980] the same relief
subject to a
minimum fee of
2
[one hundred
rupees]
3
[* * * * * * * *]
I of 15. Application to the Collector for a .... One half of the ad
1894. reference to the Court under section 18 of the volorm fee on the
Land Acquisition Act, 1894, in its difference if any,
Application to the 1[Bombay area ] or between the amount
Vidarbha region 2[of the State of awarded by the
Hyderabad Maharashtra] 3[**] or section 14 of the Land Collector and the
IX of Acquisition Act, in its application to the amount claimed by
1309 Fasli. Hyderabad area of that State, as the case may the applicant
be. according to the
scheme prescribed
under Article 1 of
Schedule 1, subject
to a minimum fee of
4
[fifty rupees].
 16. Application or petition made by any ... One-half of ad
assessee to the High Court 5[under sub- voloram fee
section(2)of section 256 of the Income Tax leviable on the
Act, 1961. ] amount in dispute
6[
(namely, the
XLIII
difference between
of
1961 the amount of tax
actually assessed
and the amount of
tax admitted by the
assessessee as
payable by him)]
subject to the
minimum fee of
7
[one hundred
twenty five rupees]
16 A. An appeal filed after the Ist June 1999 Ad volorem fee 43 of
and pending before the High Court leviable on the 1961.
against the order passed in appeal by the amount in dispute
Appellate Tribunal under section 260 -A that is the
(2) of the Income Tax Act, 1961. difference between
the amount of tax .
actually assessed
and the amount of
tax admitted by the
assessee as payable
by him subject to
maximum fee of
Rs. 10,000/-
16B. An appeal filed after the Ist June 1999 One half of the 27 of
and pending before the High Court Ad volorem fee 1957.
against the order passed in appeal by the leviable on the
Appellate Tribunal under section 27 -A amount of dispute
of Wealth Tax Act, 1957. that is the
difference between
the amount of tax .
actually assessed
and the amount of
tax admitted by the
assessee as payable
by him subject to
maximum of Rs.
5,000/-
17. Application or petition made by any .... One half of the
persons [other than the Collector or the Ad volorem fee
Commissioner] to the High Court under any leviable on the
provision of the Sales Tax law for the time amount in dispute
3
being in force in any part of the 2[State of [namely, the
difference between the
Maharashtra]
amount ]of tax
actually assessed and
the amount of tax
admitted by the
assessee as payable by
him )] subject to
minimum fee of 4[one
hundred fifty]
1. Articles 16 A and 16 B were inserted by Mah. 26 of 2000, s. 2 (b)
2. These words were submitted for the words " State of Bombay " , by Mah. 23 of 96, s.4 (f) (i)
3. This portion was submitted for the brackets and words " ( namely , the difference between the amount actually assessed and the
amount admitted by the assessee assessable )" , by Mah. 18 of 1960, S. 3 (c ) .
4. These wods were submitted for the words " one hundred " , by Mah.18 of 2002, s. 7 (f) .
Schedule I – Contd.
Table of Rates of ad volorem fees leviable on the institution of suits.
1[when the amount When the amount But does not Proper fee.
or value of the subject But does not Proper value of the exceed.
matter exceeds exceed. Fee. subject-matter
exceeds.
(1) (2) (3) (1) (2) (3)
Rs Rs. Rs. Rs Rs. Rs.
.... 1000 200 5000 5100 695
1000 1100 212 5100 5200 710
1100 1200 224 5200 5300 725
1200 1300 236 5300 5400 740
1300 1400 248 5400 5500 755
 1400 1500 260 5500 5600 770
1500 1600 272 5600 5700 785
1600 1700 284 5700 5800 800
1700 1800 296 5800 5900 815
1800 1900 308 5900 6000 830
1900 2000 320 6000 6100 845
2000 2100 332 6100 6200 860
2100 2200 344 6200 6300 875
2200 2300 356 6300 6400 890
2300 2400 368 6400 6500 905
2400 2500 380 6500 6600 920
2500 2600 392 6600 6700 935
2600 2700 404 6700 6800 950
2700 2800 416 6800 6900 965
2800 2900 428 6900 7000 980
2900 3000 440 7000 7100 995
3000 3100 452 7100 7200 1010
3100 3200 464 7200 7300 1025
3200 3300 476 7300 7400 1040
3300 3400 488 7400 7500 1055
3400 3500 500 7500 7600 1070
3500 3600 512 7600 7700 1085
3600 3700 524 7700 7800 1100
3700 3800 536 7800 7900 1115
3800 3900 548 7900 8000 1130
3900 4000 560 8000 8100 1145
4000 4100 572 8100 8200 1160
4100 4200 584 8200 8300 1175
4200 4300 596 8300 8400 1190
4300 4400 608 8400 8500 1205
4400 4500 620 8500 8600 1220
4500 4600 632 8600 8700 1235
4600 4700 644 8700 8800 1250
4700 4800 656 8800 8900 1265
4800 4900 668 8900 9000 1280
4900 5000 680 9000 9100 1295
9100 9200 1310 21000 22000 3130

9200 9300 1325 22000 23000 3230

9300 9400 1340 23000 24000 3330

9400 9500 1355 24000 25000 3430

9500 9600 1370 25000 26000 3530

9600 9700 1385 26000 27000 3630

9700 9800 1400 27000 28000 3730

9800 9900 1415 28000 29000 3830

9900 10000 1430 29000 30000 3930

10000 10500 1505 30000 32000 4030

10500 11000 1580 32000 34000 4130

11000 11500 1655 34000 36000 4230

 11500 12000 1730 36000 38000 4330

12000 12500 1805 38000 40000 4430

12500 13000 1880 40000 42000 4530

13000 13500 1955 42000 44000 4630

13500 14000 2030 44000 46000 4730

14000 14500 2105 46000 48000 4830

14500 15000 2180 48000 50000 4930

15000 15500 2255 50000 55000 5080

15500 16000 2330 55000 60000 5230

16000 16500 2405 60000 65000 5380

16500 17000 2480 65000 70000 5530

17000 17500 2555 70000 75000 5680

17500 18000 2630 75000 80000 5830

18000 18500 2705 80000 85000 5980

18500 19000 2780 85000 90000 6130

19000 19500 2855 90000 95000 6280

19500 20000 2930 95000 100000 6430

20000 21000 3030

and the fees increases at the rate of Rupees 200 for every Rupees 10,000 or part thereof over Rupees one lakh upto Rupees 11,00,000
over Rs. 11,00,000 at the rate of Rupees 1,200 of every rupees 1,00,000 or part thereof, upto a maximum fee of Rupees 3,00,000 for
example : -
1,00,000 6430 9,00,000 22430

2,00,000 8430 10,00,000 24430

3,00,000 10430 11,00,000 26430

4,00,000 12430 12,00,000 27630

5,00,000 14430 13,00,000 28830

6,00,000 16430 14,00,000 30030

7,00,000 18430 15,00,000 31230

8,00,000 20430
 Bombay Court fees Act,
SCHEDULE II.
fixed fees Proper fee
Number (2) (3)
(a) when presented to any officer of the 1[five rupee].
1. Application or petition Excise Department or to any Magistrate
by any person having dealings with the
Government, and when the subject matter
of such application of relates exclusive to
those dealings. ;

or when presented to any officer of

land-revenue by any person holding
tamporarily settled land under direct
engagement with Government and when
the subject matter of the application or a
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 principle Civil Court of IX of
original jurisdiction,; 1887.

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 or to
a public officer in relation to any suit or
case in which is the amount of value of
the subject-matter is less than fifty
rupees;
1
[* * * ]
Or when presented to any Civil,
Criminal, or Revenue Court, or to any
Board or executive officer for the
purpose of obtaining a copy or
translation of any judgment , decree or
order passed by such Court, Board or
Officer, or of any other document on 26 of
record in such Court or office. 1881.
2
[***]
3[c](i) When containing a complaint 26 of
or charge of any offence other than the 1881.
offence under the Negotiable Instrument Five rupees.
Act 1881.
(ii) Complaint of charge of an offence
u/sec. 138 of the Negotiable Instrument Two hundred
Act, 1881. rupees.
(d) When presented to any competent
Authority for the purpose of obtaining a
4[Ten rupees}
certificate of Domicile
(e) when presented to a Chief
Controlling Revenue or Executive
Authority or to a Commissioner of 1[ten rupees]
Revenue or to any Chief Officer Charge
d with executive administration of a
division and not otherwise provided for
by this Act.
(f) When presented to the High
Court-
(i)2[..] For directions, orders or writs
under Act Article 226 of the Constitution 3
for any purpose other than the [One hundred
enforcement of the fundamental rights twenty-five rupees]
conferred by Part III thereof;

(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 4[two hundred and
of its jurisdiction under Article 227 fifty rupees]
thereof;

(iii) In any other case not otherwise

provided for by this Act .
5
[Twenty Rupees]
 6
2. Revision application when presented to ..... [Fifty rupees],
the High Court under section 25 of the
IX of 1887.
Provincial Small Cause courts Act, 1887 or
V of 1908
section 115 of the Code of civil Procedure,
1908
3. Application to any civil Court that records When the Court grants the application 1 [Five rupees] in
may be called for from another court. and is of opinion that the transmission of addition to any fee
such records involves the use of the post. levied on the
application under
clause (a). clause ©
or clause (f ) of
Article 1 of this
Schedule.
2
4. First Application (other than a petition ... [five rupees].
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
made for the immediate purpose of being
produced in Court.
3
5. Application for leave to sue as a pauper. ... [Five rupees].

6. Application for leave to appeal as a (a) When presented to a District Court. 4[five rupees].
pauper. (b) when presented to a
5
Commissioner or the High Court. [Twenty rupees.]
6
7. Plaint or memorandum of appeal in a suit ..... [twenty-five Bom.II
to obtain possession under the Mamlatdars rupees.] of 1906.
Court Act, 1906.
7[
8. Plaint or memoradum of appeal in a suit ..... Ten rupees]
to establish or disprove a rith of occupancy.
1. These words were substituted for the words "four rupees", by Mah.18 of 2002, s.8(c ),
2. These words were substituted for the words "one rupees", ibid.,s.8(e).
3. These words were substituted for the words "two rupees", ibid.,s.8(f)(i)
4. These words were substituted for the words "four rupees", ibid.,s.8(f)(2).
5.These words were substituted for the words "ten rupees", ibid.,s.8(f)(2)
6. These words were substituted for the words "ten rupees", ibid.,s.8(g).
7. These words were substituted for the words "two rupees", ibid.,s.8(h).
1 2
V of 1898. [9.Bail- bond or other instrument of .... .. [Ten rupees]
obligation given in pursuance of an order
made by a court or Magistrate under any
section of the *code of Criminal Procedure,
1898, other than section 109 or 110 thereof
V of 1908 or under the Code of civil Procedure,1908
and not otherwise provided for by this Act.
3
10. Bail-bonds in criminal cases, ......... . [Five rupees]
recognizance to prosecute and recognizances
for personal appearance or otherwise.
4
IV of 1869 11. Undertaking under section 49 of the ...... [Ten rupees]
Indian Divorce Act, 1869.
12. Mukhtarnama or Vakalatnama . when presented for the conduct of any 5[Ten rupees]
one case-
(a) to any Civil or Criminal Court other
than the High Court, or to any Revenue
Court or to any collector or Magistrate,
or other executive officer;
6
(b) to the High Court [Fifteen rupees]
13. Memorundam of appeal when the appeal (a) to any Civil Court other than the 7[five rupees]
is not from a decree or an order having the High Court, or to any Revenue Court or
force of a decree, and is presented - Executive officer other than the High
Court or Chief Controlling Revenue or
Executive Authority;
1.These article were substituted for the words "one rupee",ibid,s.8(j).
2.These words were substituted for the articles nine and ten respectively by Mah. 12 of 1976, s.2.
3. These words were substituted for the words "five rupees", by Mah. 18 of 2002 , s.(i).
4. These words were substituted for the words "five rupee", ibid,s.8(k).
5. These words were substituted for the words "three rupee", ibid,s.8(l))l).
6.These words were substituted for the words "five rupees", ibid,s.8(1)(2).
7. These words were substituted for the words "two rupees", ibid,s.8(m) (l).
*See now the Code of Criminal Procedure, 1973 (2 of 1974.)
 14. Caveat

15. Application for permission to cut timeber

in Government forests, or otherwise relating
to such forests.

16. Memorandum of appeal presented to -

(a) the State Government .

(b) any Forest Officer, where such appeal is

provided for by or under the Indian Forest
Act, 1927, or any corresponding law in force.

17. Petition in a suit under the Native

Converts ' Marriage Dissolution Act, 1866.

18. Application - (b) to the Chief Controlling Executive or 1[Ten rupees.]

(a) under section 20 of the Arbitration Act, Revenue Authority;
1940; ( c ) to the High Court 2[twenty five
(b) for probate or letters of administration or rupees. ]
for revocation thereof under the Indian 3[(i) When presented to the High Court. fifty Rupees.
Succession Act, 1925. (ii) When presented to the Court other [Twenty Five
than High Court. Rupees]

1. These words were substituted for the 4[five rupees]

words "five rupees", by Mah. 18 of 2002, .......
s.8(m)(2)
2. These words were substituted for the
words "ten rupees", ibid,s.8(m)(3).
3. These entries were substituted ibid., s.8 .......
[n]. 5[twenty rupees.]
4. These words were substituted for the .......
words "one rupee", ibid,s.8(0). 6[Four rupees] XVI of
5. These words were substituted for the 1927
words "ten rupee", ibid,s.8(p) (l).
6. These words were substituted for the
words "two rupees", ibid,s.8(p) (2).
7. These words were substituted for the
words "seventy five rupee", ibid,s.8(q). ....... 7[one hundred XXI of
8. These words were substituted for the rupees.] 1866
words "thirty rupees", ibid,s.8(r) (l).
9. These words were substituted for the
words "five rupee", ibid,s.8(r) (2). ....... 8[Fifty rupees.] X of
1940.
When the amount or value of the estate 9[Ten rupees. ] XXX
does not exceed two thousand rupees. IX of
1925.

XXXIX of (c ) for a certificate under part X of the When it exceeds two thousand rupees, 3[Thirty rupees]
1925. Indian Succession Act, 1925, or Bombay but does not exceed five thousand rupees.
Regulation VIII of 1827 or any when it exceeds five thousand rupees.
2
corresponding law for the time being in force; [fifty rupees]

(d) for opinion or advice or for discharge .............

2
from a Trust, or for appointment of new [Fifty rupees]
II of 1882 Trustees under section 34, 72,73 or 74 of the
Indian Trusts Act, 1882;

(e) under rule 58 of Order XXI of the Code

When the amount or value of the
of Civil Procedure, 1908 regarding a claim to 2
property exceeds five hundred rupees [Fifty rupees]
V of 1908 attached property.
 3
V of 1908 19. agreement in writing stating a question ....... [Seventy five
for the opinion of the Court under the Code rupees]
of Civil Procedure, 1908

20. Every petition under the Indian Divorce .. . . . . . ..

4[one hundred
IV of 1869 Act, 1869 except petitions under section 44
rupees]
of that Act and every memorandum of appeal
under section 55 of that Act.

III of 1936 21. Plaint , application, petition, or 4

[one hundred
XLIII of memorandum of appeal under the parsi .......
rupees]
1954 XXV marriage and divorce Ac t, 1936 the Special
of 1955 marriage Act, 1954 or the Hindu Marriage
Act, 1955 ;
A fees as above plus
Provided that, where in addition to diverse .........
a fee on the amount
damages are claimed.
of damages claimed
according to the
scale prescribed
under article 1 of
Schedule 1.
1. These words were substituted for the
words "fifteen rupees", by Mah.18 of 2002
,s.8 ®(3) (i)
2.These words were substituted for the words
"Twenty five rupees", ibid,s.8(r) (3)(ii), (4)
and (5).
3. These words were substituted for the
words "fifty rupees", ibid,s.8(s).
4. These words were substituted for the
words "Seventy five rupees", ibid,s.8.(t) and
(u).
 1
22. Petitions under the Indian Christian .... [Ten rupees] XV of
Marriage Act, 1872,section 45 and 48. 1872

23. plain, petition or application ( including

memorandum of appeal) which is capable of
being treated as a suit-
(a) for annulment of marriage; ...... 2[One hundred
rupees]
(b) for dissolution of marriage; . . . . .. 2[One hundred
rupees]
(c ) in suit for custody of minor; . . . . .. 3[Seventy-five
rupees]
(d) for restitution of conjugal rights; ...... 2[One hundred
rupees]
(e) for judicial separation ; . . . . .. . 2[One hundred
rupees]
(f) in or two any Civil Court not otherwise ......... 4[Ad valorem fee
provided for and the subject, matter of which payable, as if the
is not capable of being estimated in money amount or value of
value. the subject matter
was three hundred
rupees]

24. Copy or translation of a judgment or When such judgment or order is given or 5[Five rupees]
order not being, or having the force of a made by any civil Court other than the
decree. High Court, or by any Revenue Court;

When such judgment or order is given or

made by the High Court. 6[Ten rupees]

When such decree or order is made by

25. Copy of a decree or order having the any Civil Court other than the District 6[Ten rupees]
force of a decree Court or High court, or by any Revenue
Court;

1. These words were substituted for the

words "five rupees", by Mah.18 of 2002
,s.8(v).
2. These words were substituted for the
words "seventy five rupees", ibid.,8)w) (l),
and (2), and (4) and (5).
3. These words were substituted for the
words "fifty rupees", ibid.,s.8(w)(3).
4. These words were substituted for the
words "Thirty rupees", by Mah.0 of 1970,
,s.5.
5. These words were substituted for the
words "Two rupees", by Mah.18 of 2002
,s.8(x)(l).
6. These words were substituted for the
words "five rupees", ibid., s.8(x) (2)and
(y)(l).
 When such decree or order is made by 1[twenty rupees]
the district Court;

When such decree or order is made by 2[Twenty-five

the High Court. rupees]

Bom. LX of 26. Copy of any document (including power (a) When the stamp duty chargeable on 4[Two rupees]
1958. II of of attorney) liable to stamp-duty under the the original does not exceed 3[twenty
1899. Bombay Stamp Act, 1958 or the Indian rupees]
Stamp Act, 1899 or any corresponding law in (b) In any other case. 5[Twenty rupees]
force, as the case may be, when left by any
party to a suit or proceeding in place of the
original withdrawn.

27. Copy of any revenue or judicial

proceeding or order not otherwise provided For every three hundred and sixty words
for by this Act, or copy of any amount, or fraction of three hundred and sixty 6[Five rupees.]
statement, report or the like, taken out of any words.
civil or Criminal or Revenue Court or office,
or from the office of any chief Officer
charged with the executive administration or
of a division.

Bom. 28. application made under the Bombay ...... 7[Ten rupees]
XXXI of Money-lenders Act, 1946 or under any
1947 corresponding law in force.

29. Application presented to any registration ....... 8[Five rupees.]

Officer for search of registration records.

1.These words were substituted for the words

"ten rupees", by Mah.18 of 2002 ,s.8(y)(2).
2. These words were substituted for the
words "Fifteen rupees", ibid. ,s.8(y)(3).
3. These words were substituted for the
words "Ten rupees", ibid. ,s.8(z)(l).
4. These words were substituted for the
words "One rupee", ibid. ,s.8(z)(2)(i).
5. These words were substituted for the
words "Ten rupee", ibid. ,s.8(z)(2)(ii).
6. These words were substituted for the
words "One rupee", ibid. ,s.8(z-a).
7. These words were substituted for the
words "Five rupees", ibid. ,s.8(z-b).
8. These words were substituted for the
words "Two rupees", ibid. ,s.8(z-c).
30. Appeal or application to the registrar ...... 2[Five rupees.]
under section 72 or, 73 as the case may be, of
the 1[Registration Act, 1908] XVI
1908.
3[31. (a) application for a licence under sub- . . . . . . 2[Five rupees]
clause (i) of clause (w):

(b) Application for certificate of . . . . .. .

registration under clause (xa) of sub-section Bom.XX
(l) of section 33 of the Bombay Police Act, II 1951.
1951.]

32. Application or appeal to the Regional or . . . . . . 5[Twenty rupees]

State Transport Authority or the State
Government under 4[chapter IV of the Motor
Vehicles Act, 1988].* 59 of
1988.
 33. Election petition questioning the election
of a person in respect of the office-

(a) of Sarpanch or Upasarpanch or member ...... 6[Fifty rupees]

of a panchayat;

(b) of councillor or member 7[a Muincipal ....... 8[One hundred fifty

Council, Zilla parishad, Panchayat Samiti] rupees].
or such other Local Authority;

1. These words and figures were substituted

for the words and figures" Indian
Registration Act 1908 by Mah.23 of
1996,s.30 (a)
2. These words were substituted for the
words " Two rupees" by Mah. 18. of
2002,s.8.(z-a) and (z-e).
3. article 31 was substituted for the original
by Mah. 50 of 1974,.s.2.
4. These words, letters and figures were
substituted for the words, letters and figures
"Chapter IV of the Motor Vehicles Act,
1939" by Mah. 23 of 1996,s.5(320(a).
5. These words were substituted for the
words "Ten rupees" by Mah.18 of 2002,s.8
(z-f).
6. These words were substituted for the
words "Twenty rupees" ibid., s.(z-g) (i).
7. These words were substituted for the
words "a Municipality, District Local Board"
by Mah.23 of 1996, s.(33)(b).
8. These words were substituted for the
words " One hundred rupees" by Mah.18 of
2002,s.8, (z-g) (ii).
*Now see the Motor Vehicles Act, 1988 (59
to1988)
1[(c) of Mayor or Councillor of the ...... 2[Five hundred
Municipal Corporation of Greater Bombay rupees.]
or Mayor or Deputy Mayor or Councillor of
the Corporation of the City of Nagpur or a
Municipal corporation established under the
Bombay Provincial Municipal Corporations
Bom. Act,1949, or President, Vice-President,
LIX of Chairman or Deputy Chairman of any local
1949. authority referred to in clause (b).]
I of 1956 34. Application or petition to the Court ...... 3[Two hundred
under sections 391, 439 or 522 of the rupees.]
Comapanies Act,1956.

Any other application or petition to the ...... 4[Forty rupees.]

Court for Judicial action or relief under the
said Act, not otherwise provided for under
this Act.

35. Application-- ..... 5[Ten rupees].

(a) for order of arrest or attachment
before judgment or for temporary injunction;

(b) for compensation for arrest or

attachment before judgment or in respect of . . . . .. 5[Ten rupees].
temporary injunction obtained on insufficient
grounds;

( C )for the appointment of a receiver in

a case in which the applicant has no present ........ 6[Twenty rupees].
right of possession of the property in dispute;

1. Clause (c ) was substituted, by Mah.23 of 1996,s.5

(33)(d).
2. These words were substituted for the words "Two
hundred rupees" by Mah. 18 of 2002, s. 8 (z-g) (iii).
3. These words were substituted for the words "One
hundred rupees", ibid., s. 8 (z-h) (l).
4. These words were substituted for the words "Twenty
rupees", ibid., s. 8 (z-h) (2).
5. These words were substituted for the words "Five
rupees", ibid., s. 8 (z-i) (l) and (2).
6. These words were substituted for the words "Ten
rupees", ibid., s. 8 (z-i) (3).

(d) for setting aside decree passed ex-parte or

for review of order dismissing suit for 1[Five rupees].
default. .......

36. Appeal or application to the Co-

operative Tribunal. ...... 2[Twenty-five
rupees].

37. Application made by a party to the

Magistrate under section 145 of the 3[Code .... 4[Ten rupees.]
of Criminal Procedure, 1973]. II of
1974
5[38. Memorandum of appeal or application
for revision or review presented under
Chapter XIII of the Maharashtra Land Mah.XL
Revenue Code, 1966 to--- I of 1966
(a) Appellate Authority
(b) State Government .... 6[Fifty rupees].
.... 7[Fifty rupees.]

8[38A. Application,reference, complaint,

appeal or, as the case may be, revision
application filed under the Maharashtra Mah. 1
Recognition of Trade Unions and Prevention of 1972.
of unfair Labour Practices Act, 1971.--

(a) Application to the Labour Court under

section 25.--
(i) by the employer for declaration that the
strike is illegal.
(ii) by a recognised union that the lockout is .. . . . . Two hundred and
illegal. fifty rupees.
..... .
Hundred rupees
1. These words were substituted for the words " Two rupees ' by Mah. 18 of 2002 s. (z-i) (4).
2. These words were substituted for the words " Ten rupees ' ibid., s. 8 (z to j)
3. These words were substituted for the words and figures " Code of Criminal Procedure , 1898" , by Mah. 23 of 1996, S. 5 (37).
4. These words were substituted for the words " One rupee ' by Mah. 18 of 2002 s. 8. (z-k).
5. Article 38 was substituted, by Mah. 23 of of 1996, s. 5 (38).
6. These words were substituted for the words " ten rupees ' by Mah. 18 of 2002 s. 8 (z -l)(i).,
7. These words were substituted for the words " Ten rupees ' by Mah. 18 of 2002 s. (z-l) (ii).
8. These Articles were inserted, ibid, s, 8 (z-m).
 (b) complaint under section 28 to the Labour
Court with reference to item 1 of Schedule
IV to the Act.
(i) by any union. .... Fifty rupees.

(ii) by any employee. ..... Twenety rupees.

( c ) Complaint to the Industrial Court under Fifty Rupees.
section 28 regarding any item in Schedule II
or III to the Act.

(i) when by any union. .. Twenty rupees

(ii) by any employee .. Fifty rupees.

(d) appeal under section 42 and revision Fifty rupees.

under section 44 to the Industrial Court. ..

(e) application filed under section 50. .. Twenty rupees.

(f) other miscellaneous matters not provided .. Twenty rupees.

in the act of any of the above entries .

38-B. Application or reference under the

Industrial Disputes Act, 1947;
14 of 1947.
(a) under section 2 (k). Two hundred &
.. fifty rupees
(b) to the Labour Court under section 2-A in
any dispute or difference between work man .. Fifty rupees.
and his employer connected with or arising
out of discharge, dismissal, retrenchment of
termination , of the workman.

( c ) regarding any strikes, and lock-outs to

the Labour Court under section 24. .. One hundred
rupees.
(d) during the conciliation proceeding
under section 33. .. fifty rupees.

(e) in any other miscellaneous cases other

than referred above . .. twenty rupees.

38 – c . Application or reference under the

Bombay Industrial Relations Act, 1946- .. Bom.
XI of
(a) in arbitration proceeding to the 1947.
Industrial Court under section 69,71 and
73-A . .. two hundred and
fifty rupees.
(b) to the Labour Court under section 78
read with section 79 . .. fifty rupees.

( c ) appeals filed to the Industrial Court fifty rupees.

under section 84 or revision application ..
under section 85.

(d) in any other miscellaneous cases other twenty rupees.

than those specified above. ..

38-D. Claim or reference under section 6-A

of the Bombay labour welfare Fund Act, .. Twenty rupees. Bom.
1953. XL of
1953.
38 – E. : Application or reference under the
Payment of Gratuity Act, 1971. .. twenty rupees. 39 of
1972.
38 – F Application for reference under the
Maharashtra Mathadi, Hamal and other .. twenty rupees.] Mah.
Manual Workers (Regulations Employment XXX of
and Welfare), Act 1969. 1969.

1[39. Save as otherwise provided in this Act 2[fifty rupees.]

or any other law memorandum of appeal or ..
application for revision or review presented
to the State Government under any
Provincial or State Act or under any other
rules or orders issued thereunder .

3 [40 . All adjournment applications in Civil

and Criminal Courts. .. ten rupees. ]

1. Article 39 was inserted by Mah. 51 of 1976, s. 2.

2. These words were substituted for the words " twenty rupees " by Mah. 18 of 2002, s. 8 (z-n).
3. This article was inserted , obid., s. 8 (z-o).

SCHEDULE III
 (See Section 29)

Form of valuation (to be used with such modifications, if any, as may be necessary ).

IN THE COURT OF

Re-Probate of the Will of (or Administration of

the property and credits of ) , deceased.

I,

solemnly affirm
------------
make Oath.

and say that I am the executor ( or one of the executors or one of the next of kin) of
...................................................................................................................................
deceased, and that I have truly set forth in Annexure A to this affidavit all the property
and
credit of which the above named deceased died possessed or was entitled to at the time of
his death, and which have come, or are likely to come, to my hands.

2. I further say that I have also truly set forth in Annexure B all the items I am by law
allowed to deduct.
3. I further say that the said assets , exclusive only of such last mentioned items but
inclusive of all rents , interest, dividends and increased values since the date of the death
of the said deceased, are under the value of

ANNEXURE A

VALUATION OF THE MOVEABLE AND IMMOVEABLE

PROPERTY OF DECEASED.

Rs. nP.

Cash in the house and at the banks, household goods, wearing apparel, books, plate,
jewels etc. ( State estimated value according to best of Executor's Administrator's belief).
Property in Government securities transferable at the Public Debt Office.
(State description and value at the price of the day; also the interest separately, calculating it to the time
of making the application. )

Immovable property consisting of .. .. ..

( State description, giving , in the case of houses the assessed value, if any, and the number of years'
assessment the market-value is estimated at, and in the case of land, the area, the market-value and all
rents that have accrued. )
Leasehold property .. .. ..
( if the deceased held any leases for years determinable, state the number of years' purchase the profit
rents are estimated to the worth and the value of such, inserting separately arrears due at the date of death
and all rents received or due since that date to the time of making the application. )
Property in public companies .. .. .. ..
( State the particulars and the value calculated at the price of the day, also the interest separately,
calculating it to the time of making the application) .
Policy of insurance upon life, money out on mortgage and other securities, such as bonds, mortgages,
bills, notes and other securities for money
(State the amount of the whole; also the interest separately, calculating it to the time of making the
application.)
Book-debts. .. ... ... ......
(other than bad)
Stock in trade .. ... ... ......
(State the estimated value, if any).
Other property not comprised under the foregoing heads ...
(State the estimated value, if any.) __________
Total ..
__________
Deduct amount shown in annexure b not subject to duty ..
__________
 Net Total ..
__________

ANNEXURE 'B'
SCHEDULE OF DEBTS, ETC.
Rs. nP.
Amount of debts due and owing from the deceased, payable by law out of the estate ...
1[State the particulars of the debts with interest in respect of each debt separately,
calculating it to the time of making the application).]
Amount of funeral expenses ...
Amount of mortgage incumbrances ... ...
2[State the particulars of amount of mortgage incumbrance with ... ...
interest in respect of each mortgage incumbrance separately,
calculating it to the time of making the application).]
Property held in trust not beneficially or with general power to
confer a beneficial interest. ... ..... ...
Other property not subject to duty. .... ... ...
__________
Total
__________
1
This portion was added by Mah.26 of 1986, s. 2(a).
2
This portion was added, ibid.,s.2(b)

SCHEDULE IV
(See section 49)
Laws Repealed.
Year Number Law Extent of repeal
(1) (2) (3) (4)
1870 VII The Court-fees Act, 1870, in its application to the pre-reorganisation State of The whole, in so far as it relates to
Bombay, excluding the transferred territories and to the vidarbha region and entries 3 and 66 of List II and entry
the Kutch area of the State of Bombay. 47 of List III in the Seventh
Schedule to the Constitution of
India.
1870 VII The Court-fees Act,1870 ,as modified and applied to the Saurashtra area of The whole, in so far as it relates to
the State of Bombay by the State of saurashtra (application of Central and entries 3 and 66 of List II and entry
Bombay Acts) Ordinance, 1948 47 of List III in the Seventh
Schedule to the Constitution of
India.

1324 VI The whole, in so far as it relates to

The Hyderabad Court Fees Act, in its application to the Hyderabad area of the entries 3 and 66 of List II and entry
Fasli State of Bombay. 47 of List III in the Seventh
Schedule to the Constitution of
India.
1932 II Section 2 A and Part III Containing
The Bombay Finance Act, 1932. Sections 12,13 and 14.

SCHEDULE V
(See section 50)
Laws Amended

year No. Law Extent of Amendement

(1) (2) (3) (4)

1887 VII The Suits Valuation Act,1887 in its application to the pre-reorganisation state I section 9, the words and figures" of
of Bombay, excluding the transferred territories and to the Vidarbha Region the Court-fees Act, 1870, and " shall
and the Kutch area of the State of Bombay. be deleted.

1887 VII The Suits Valuation Act, 1887, as modified and a,pplied to the Saurashtra I section 9, the words and figures" of
area of the State of Bombay by the State of Saurashtra (Aplication of Central the Court-fees Act, 1870, and " shall
and Bombay Acts) Ordinance, 1948. be deleted.