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COURT FEES (PUNJAB AMENDMENT) ACT, 2009

COURT FEES (PUNJAB AMENDMENT) ACT, 2009

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

Serial Number

Purpose for which fee is to be levied

 

 

Proper fee

1

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.

(a) (b)

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.

Fifty rupees Twenty-five rupees

2

Plaint in a suit for possession under the Specific Relief Act, 1963, section 6.

 

 

Fifty rupees

3

Application for review of judgment, if presented on or after the ninetieth day from the date of decree.

 

 

One hundred rupees

4

Application for review of judgment, if presented before the ninetieth day from the date of decree.

 

 

Fifty rupees

5

Copy of translation of judgment or order not being, or having the force of a decree.

(a) (b)

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.

Ten rupees Twenty rupees

6

Copy of a decree or order having the force of a decree.

(a) (b)

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.

Fifty rupees One hundred rupees

7

Copy of the order of the Rent Controller.

 

 

One hundred rupees

8

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.

(a) (b)

When the stamp duty chargeable on the original, does not exceed seventy fivepaise; and

In any other case.

Fifty rupees Fifty rupees

9

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.

 

For every three hundred and sixty words or fraction thereof.

(i) for orders up to three years' old, fifty rupees; and

(ii) for orders beyond three years' old, three hundred rupees.

10

Probate of a will or letters of administration with or without will annexed.

(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

 

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.

 

 

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.

 

 

11

Certificate under Part X of the Indian Succession Act, 1925 (39 of 1925).

In any case.

Note :--

 

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.

 

 

(i)

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.

 

 

 

 

(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.

 

12

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).

(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.

 

One hundred rupees

One hundred rupees

One hundred rupees".

 

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

Serial Number

Purpose for which fee is to be levied

 

Proper fee

1

Application or petition

(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

Ten rupees

Ten rupees

Ten rupees

 

 

(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;

Ten rupees

Ten rupees Ten rupees

 

 

(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.

Ten rupees

One thousand rupees

Two hundred rupees

Two hundred rupees

Twenty five rupees

2

Application to any Civil Court for calling records from another Court.

When the Court grants the application and is of opinion that the transmission of such records involves the use of the post.

Fifty rupees

3

Application for leave to sue as a pauper.

 

Fifty rupees

4

Application for leave to appeal as a pauper.

(a) When presented to a District Court; and

(b) When presented to a Commissioner or the High Court.

Fifty rupees

One hundred rupees

5

Plaint or memorandum of appeal in a suit to establish or disprove a right of occupancy.

 

Fifty rupees

6

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.

 

Fifty rupees

7

Undertaking under section 49 of the Divorce Act, 1869.

 

Fifty rupees

8

Mukhtarnama or Wakalatnama--

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

Fifty rupees

 

 

(b) to a High Court, Commissioner, Board of Revenue, or other Chief Controlling Revenue or Executive Authority.

One hundred rupees

9

Memorandum of appeal when the appeal is not from a decree or an order having the force of a decree, and is presented--

(a) to any Civil Court other than 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.

Fifty rupees

One hundred rupees

10

Caveat.

 

Fifty rupees

11

Petition in a suit under the Converts Marriage Dissolution Act, 1866.

 

Fifty rupees

12

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).

 

Two hundred rupees

13

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;

 

One thousand rupees

 

(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.

 

One thousand rupees

One thousand rupees

One thousand rupees

One thousand rupees

One thousand rupees

14

Application under the Arbitration and Conciliation Act, 1996 (26 of 1996)

 

Five hundred rupees

15

Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure, 1908

 

Five hundred rupees

16

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

 

Five hundred rupees

17

Plaint or memorandum of appeal under the Parsi Marriage and Divorce Act, 1936 (III of 1936)

 

Five hundred rupees

18

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.

 

Five hundred rupees

19

Application or memorandum of appeal for relief under the East Punjab Urban Rent Restriction Act, 1949

 

One hundred rupees

20

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)

Where the amount exceeds ten thousand rupees.

Five hundred rupees

21

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)

Where the amount exceeds ten thousand rupees.

One thousand and five hundred rupees

22

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

(a) For application or petition; and

(b) For appeal or revision.

Fifty rupees Fifty rupees."