COURT FEES (PUNJAB AMENDMENT) ACT, 2009
Preamble - COURT FEES (PUNJAB
AMENDMENT) ACT, 2009
THE COURT FEES (PUNJAB AMENDMENT) ACT, 2009
[Act No. 13 of 2009]
[04th August, 2009]
PREAMBLE
An Act further to amend the Court Fees Act, 1870, in its application
to the State of Punjab.
Be
it enacted by the Legislature of the State of Punjab in the Sixtieth Year of
the Republic of India as follows :--
Section 1 - Short title and commencement
(1) This Act may be called the Court Fees (Punjab
Amendment) Act, 2009.
(2) It shall come into force at once.
Section 2 - Substitution of Schedule-I of Central Act VII of 1870
In
the Court Fees Act, 1870 (hereinafter referred to as the principal Act), in its
application to the State of Punjab, for Schedule-I, excepting the Table of
Rates of ad valorem fees leviable on the Institution of Suits, the following
Schedule shall be substituted, namely:--
"SCHEDULE-I
Ad valorem fees
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Serial
Number
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Purpose
for which fee is to be levied
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Proper fee
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1
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Plaint,
written statement, pleading, a set-off, or counter-claim or memorandum of
appeal (not otherwise provided for in this Act) or of cross-objection
presented to any Civil or Revenue Court, except those mentioned in section 3.
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(a) (b)
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When the
amount or value does not exceed one thousand rupees; and When the amount or
value exceeds one thousand rupees, for every one hundred rupees, or part
thereof, in excess of one thousand rupees.
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Fifty
rupees Twenty-five rupees
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2
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Plaint in
a suit for possession under the Specific Relief Act, 1963, section 6.
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Fifty
rupees
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3
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Application
for review of judgment, if presented on or after the ninetieth day from the
date of decree.
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One
hundred rupees
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4
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Application
for review of judgment, if presented before the ninetieth day from the date
of decree.
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Fifty
rupees
|
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5
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Copy of
translation of judgment or order not being, or having the force of a decree.
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(a) (b)
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When the
judgment or order is passed by any civil court other than the High Court, or
by the Presiding Officer of any Revenue Court or Office, or by any other
judicial or Executive Authority; and When such judgment or order is passed by
the High Court.
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Ten rupees
Twenty rupees
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6
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Copy of a
decree or order having the force of a decree.
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(a) (b)
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When such
decree or order is made by any Civil Court other than the High Court or by
any Revenue Court; and When such decree or order is made by the High Court.
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Fifty
rupees One hundred rupees
|
|
7
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Copy of
the order of the Rent Controller.
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|
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One
hundred rupees
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8
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Copy of
any document liable to stamp duty under the Indian Stamp Act, 1899, when left
by any party to a suit or proceeding in place of the original withdrawn;
provided such copy is not subject to any duty under the Indian Stamp Act,
1899.
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(a) (b)
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When the stamp
duty chargeable on the original, does not exceed seventy fivepaise; and
In any
other case.
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Fifty
rupees Fifty rupees
|
|
9
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Copy of
any revenue or judicial proceeding or order, not other-wise provided for by
this Act, or copy of any account statement, report or the like, taken from
any Civil or Criminal or Revenue Court or office or from the office of any
Chief Officer charged with the executive administration of a Division.
|
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For every
three hundred and sixty words or fraction thereof.
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(i) for
orders up to three years' old, fifty rupees; and
(ii) for
orders beyond three years' old, three hundred rupees.
|
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10
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Probate of
a will or letters of administration with or without will annexed.
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(a) When
the amount or value of the property in respect of which the grant of probate
or letters is made, exceeds one thousand rupees, but does not exceed ten
thousand rupees;
(b) When
such amount or value exceeds ten thousand rupees, but does not exceed fifty
thousand rupees; and
(c) When
such amount or value exceeds fifty thousand rupees :
Provided
that when after the grant of a certificate under Part X of the Indian
Succession Act, 1925, or under the Bombay Regulation No. VIII of 1827 in
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Two and
one-half per centum on such amount or value.
Three and
one quarter per centum on such amount or value.
Four per
centum on such amount or value.
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respect of
any property included in an estate, 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.
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11
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Certificate
under Part X of the Indian Succession Act, 1925 (39 of 1925).
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In any
case.
Note :--
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Two and
one-half per centum on the amount or value of any debt or security, specified
in the certificate under section 374 of the Act and four per centum on the
amount or value of any debt or security to which the certificate is extended
under section 376 of the Act.
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(i)
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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.
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(ii)
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 dividends
on, or for the negotiation or transfer of, the security, or for both
purposes, the value of the security is its 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.
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12
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Application
to the High Court of Punjab and Haryana for the exercise of its jurisdiction
under section 44 of the Punjab Courts Act, 1918 (Punjab Act 6 of 1918) or to
the Court of the Financial Commissioner of Punjab for the exercise of its
revisional jurisdiction under section 84 of the Punjab Tenancy Act, 1887 (Act
16 of 1887).
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(a) When
the amount exceeds ten thousand rupees;
(b) When
the amount or value of the subject matter in dispute does not exceed
twenty-five thousand rupees; and
(c) When
such amount or value exceeds twenty-five thousand rupees.
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One
hundred rupees
One
hundred rupees
One
hundred rupees".
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Section 3 - Substitution of Schedule-II of Central Act VII of 1870
In
the principal Act, for Schedule-II, the following Schedule shall be
substituted, namely:--
"SCHEDULE-I
I
Fixed fees
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Serial
Number
|
Purpose
for which fee is to be levied
|
|
Proper fee
|
|
1
|
Application
or petition
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(a)(i)
When presented to any officer of the Customs Department or Excise Department
or to any Magistrate by any person having dealings with the Government,
wherein the subject matter of such application or petition relates
exclusively to those dealings; or
(ii) When
presented to any Revenue Officer by any person holding temporarily settled
land under direct engagement with Government, wherein the subject matter of
such application or petition relates exclusively to such engagement; or
(iii) When
presented to Municipal Commissioner under the relevant Act for the time being
in force for the conservancy or improvement of any place, wherein the subject
matter of such application or petition relates to such conservancy or
improvement; or
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Ten rupees
Ten rupees
Ten rupees
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|
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(iv) When
presented to any Civil, Criminal or Revenue Court, or to any Board or
Executive Officer for the purpose of obtaining a copy of translation of any
judgment, decree or order passed by such Court, Board or Officer, as the case
may be, or of any other document or record in such Court, Board or Office.
(b) When
containing a complaint or charge of any offence other than an offence for
which Police Officer may, under the Criminal Procedure Code, 1973, arrest
without warrant and presented to any criminal court; or
When
presented to a Civil, Criminal or Revenue Court, or any Revenue Officer or to
any Magistrate in his executive capacity, and not otherwise provided for by
this Act; or to deposit in court, revenue on rent; or for determination by a
Court of the amount of compensation, to be paid by a landlord to his tenant;
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Ten rupees
Ten rupees
Ten rupees
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|
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(c) When
presented to a Commissioner or Chief Controlling Revenue Authority or
Executive Authority or to a Commissioner of Revenue and not otherwise
provided for by this Act; and
(d) When
presented to the High Court.--
(i) Under
the Companies Act, 1956 for winding up a company;
(ii) Under
the said Act for taking some other judicial Action;
(iii)
Under Article 226 of the Constitution of India other than the petition for
habeas corpus and petition arising out of criminal proceedings; and
(iv) in
all other cases.
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Ten rupees
One
thousand rupees
Two
hundred rupees
Two
hundred rupees
Twenty
five rupees
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2
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Application
to any Civil Court for calling records from another Court.
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When the
Court grants the application and is of opinion that the transmission of such
records involves the use of the post.
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Fifty
rupees
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3
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Application
for leave to sue as a pauper.
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Fifty
rupees
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4
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Application
for leave to appeal as a pauper.
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(a) When
presented to a District Court; and
(b) When
presented to a Commissioner or the High Court.
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Fifty
rupees
One
hundred rupees
|
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5
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Plaint or
memorandum of appeal in a suit to establish or disprove a right of occupancy.
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Fifty
rupees
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6
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Bail-bond
or other instrument of obligation given in pursuance of an order made by a
Court or Magistrate under any section of the Code of Criminal Procedure,
1973, or the Code of Civil Procedure, 1908, and not otherwise provided for by
this Act.
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Fifty
rupees
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7
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Undertaking
under section 49 of the Divorce Act, 1869.
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Fifty
rupees
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8
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Mukhtarnama
or Wakalatnama--
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When
presented for the conduct of any one case--
(a) to any
Civil or Criminal Court or to any Revenue Court, or to any Collector or
Magistrate, or other Executive Officer, or to a Commissioner of Revenue, or
Customs, or to any officer, not being the Chief Revenue or Executive
Authority, except such, as are mentioned in clause (b); and
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Fifty
rupees
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|
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(b) to a
High Court, Commissioner, Board of Revenue, or other Chief Controlling
Revenue or Executive Authority.
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One
hundred rupees
|
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9
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Memorandum
of appeal when the appeal is not from a decree or an order having the force
of a decree, and is presented--
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(a) to any
Civil Court other than a High Court, or to any Revenue Court or Executive
Officer other than the High Court or Chief Controlling Revenue or Executive
Authority; and
(b) to the
High Court or Commissioner or other Chief Controlling Executive or Revenue
Authority.
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Fifty
rupees
One
hundred rupees
|
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10
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Caveat.
|
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Fifty
rupees
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11
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Petition
in a suit under the Converts Marriage Dissolution Act, 1866.
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Fifty
rupees
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12
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Every
petition or application or memorandum of appeal under the Special Marriage
Act, 1954 (43 of 1954) or the Hindu Marriage Act, 1955 (25 of 1955).
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Two
hundred rupees
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13
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Plaint or
Memorandum of appeal in each of the following suits--
(i) to
alter or set aside a summary decision or order of any of the Civil Courts,
not established by Letters Patent or of any Revenue Court;
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One
thousand rupees
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(ii) to
alter or cancel any entry in a register of the names of the proprietors of
revenue paying estates;
(iii) to
obtain a declaratory decree when no consequential relief is prayed;
(iv) to
set aside an award;
(v) to set
aside an adoption;
(vi) every
other suit where it is not possible to estimate at a money-value, the subject
matter in dispute, and which is not otherwise provided for by this Act.
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One
thousand rupees
One
thousand rupees
One
thousand rupees
One
thousand rupees
One
thousand rupees
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14
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Application
under the Arbitration and Conciliation Act, 1996 (26 of 1996)
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Five
hundred rupees
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15
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Agreement
in writing stating a question for the opinion of the Court under the Code of
Civil Procedure, 1908
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Five
hundred rupees
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16
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Every
petition under the Divorce Act, 1869, except petitions under section 44 of
the aforesaid Act, and every memorandum of appeal under section 55 of the
same Act
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Five
hundred rupees
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17
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Plaint or
memorandum of appeal under the Parsi Marriage and Divorce Act, 1936 (III of
1936)
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Five
hundred rupees
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18
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Plaint or
memorandum of appeal in a suit by a reversioner under the Punjab Customary
Law for declaration in respect of an alienation of ancestral land.
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Five
hundred rupees
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19
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Application
or memorandum of appeal for relief under the East Punjab Urban Rent
Restriction Act, 1949
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One
hundred rupees
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20
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Claim for
money (whether secured or unsecured) or a claim to set off, made against such
claims or counter claims under the Banking Regulation Act, 1949 (Act X of
1949)
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Where the
amount exceeds ten thousand rupees.
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Five
hundred rupees
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21
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Memorandum
of Appeal from an order or decision passed under the provisions of section
45-B of the Banking Regulation Act, 1949 (Act X of 1949)
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Where the
amount exceeds ten thousand rupees.
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One thousand
and five hundred rupees
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22
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Application,
petition, appeal and revision before any court, public officer or authority
or body, appointed under any Central or State Act for the time being in force
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(a) For
application or petition; and
(b) For
appeal or revision.
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Fifty
rupees Fifty rupees."
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