Published vide
Notification No. F. 5(108) EL/58, Dated 1-11-61, Published in the Rajasthan
Gazette, Part 4-C, Extraordinary, dated 1-11-1961 In exercise of the
powers conferred by section 73 of the Rajasthan Court Fees and Suits Valuation
Act, 1961 (Act No. 23 of 1961), the State Government hereby makes the following
Rules, namely:- CHAPTER 1 Preliminary (1)
These rules may be called
the Rajasthan Court Fees and Suits Valuation Rules, 1961. (2)
They extend to the whole of
Rajasthan. (3)
They shall come into force
on the date of their first publication in the Rajasthan Gazette. In these rules,
unless there be something repugnant in the subject or context: - (a)
"Act" means the
Rajasthan Court Fees and Suits Valuation Act, 1961; (b)
"Section" means a
section of the Act; (c)
"Schedule" means a
schedule to the Act; (d)
"State" means the
State of Rajasthan: and (e)
"Superintendent of
Stamps" means the Superintendent of Stamps for Rajasthan and includes any
other officer appointed by the Government to perform the functions of the
Superintendent of Stamps for the purposes of the Act and these rules. Stamps bearing the
words "Court fee" are the court fee stamp for the purposes of these
rules. CHAPTER 2 Mode of payment of fees and kinds of stamps Except as otherwise
provided by the Act or by these rules: - (1)
All fees chargeable under
the Act shall be paid, and such payment shall be, by means of court fee stamps
issued by the Government for the purposes of the Act and these rules. (2)
The court fee stamps which
by any word or words on the face of it is appropriated to any particular
purpose shall not be used for any other purpose. Explanation [I]. -
For the purposes of clause (1), a stamp of the Central Government or of the
Government of any covenanting State shall be deemed to have been issued by the
Government if it is super-imposed with the word "Rajasthan" or with
the letters "Raj." [Explanation II.-The
adhesive court stamps of George VI series of the denomination of Rs. ½/
-(Rupee One and annas two only) superimposed with the figures and words
denoting the new denomination of 0.25 paisa only (Twenty five paisa) and the
word "Rajasthan" shall be deemed to have been issued by the
Government for being used for the changed denomination for the purposes of the
Act, and these rules.] There shall be two
kinds of stamps for the payment of fees chargeable under the Act, namely: - (1)
Impressed court fee stamps
super-imposed with the word "Rajasthan" and (2)
Adhesive court fee stamps
super-imposed with the word "Rajasthan" or with the letters
"Raj." No impressed or
adhesive court fee stamps which is not superimposed as specified in rule 5
shall be used in Rajasthan, after the commencement of these rules, for the
payment of fees chargeable under the Act. CHAPTER 3 Use and Supply of Stamps When in any case the
fee chargeable under the Act is less than 25/- rupees such fee shall be denoted
by adhesive court fee stamps. When in any case the
fee so chargeable amount to or exceeds 25/- rupees, such fee shall be denoted
by impressed court fee stamps, adhesive court fee stamps being employed to make
up fractions to less than 25/- rupees. If in any case the
amount of the fee chargeable under the Act involves a fraction of an anna, such
fraction shall be remitted. The additional court
fee payable under section 56 of the Act on probates or letters of
administration shall be denoted in the same manner as is laid down in rules 7,
8 and 9. Adhesive Court fee
stamps shall be affixed to the right hand top corner of the first page of a
document when written on pie paper; or when a document is written on an
impressed court fee stamps and adhesive court fee, stamps are required to be
used to pay additional fee, such adhesive stamps shall be affixed to the right
hand top corner of the impressed court fee stamps but immediately below the
engraved portion thereof. If a document is written on more impressed court fee
stamps then one adhesive court fee stamps should be affixed in the same manner
to the first impressed court fee stamps used for the document. When two or more
impressed stamps are used to make up the fee chargeable under the Act. a
portion of the document shall ordinarily be written on each such stamp. When
this is impracticable or seriously inconvenient, the document shall be written
on one or more impressed court fee stamps of highest value, next highest value
and so on. The remaining impressed court fee stamps, if any, shall be punched
and cancelled by the court or the Public Officer who shall record the certificate
on the first impressed court fee stamp of the document to the effect that full
fee has been paid. The writing on each impressed court fee stamp shall be
attested by the person or persons concerned. When in the case of
fee amounting to less than 25/-rupees, the amount can be denoted by a single
adhesive curt fee stamp, such fee shall be denoted by the single adhesive court
fee stamp of the required value. If the amount cannot be denoted by a single
adhesive court fee stamp or if the single adhesive court fee stamp of the
required value is not available, a court fee stamp of next lower value
available shall be used and the deficiency shall be made up by the use of one
or more additional adhesive court fee stamps to make up the required amount of
the fee. In the case of the
fee amounting to or exceeding rupees 25/-the fee shall, if possible, be denoted
by single impressed court fee stamp of the required value. It the amount can
not be denoted or if a single impressed court fee stamp of the required value
is not available, an impressed court fee stamp of the next lower value
available shall be used and the deficiency shall be made up by the use of one
or more additional impressed and adhesive court fee stamps. If a court fee stamp
of a particular value which should be used under rules 13 and 14 is not
available at the nearest Treasury or Sub-Treasury or from the nearest licensed
vendor, the required value may be made up by the use of 2 or more court fee
stamps available at such Treasury or Sub-Treasury or from such vendor, a stamp
of the next lower value available being used in preference to stamps of higher
value, IN every such case a certificate stating the value and number of stamps
required but not available shall be given by the Treasury Officer or
Sub-Treasury Officer or vendor, as the case may be, in the following form: - "Certified that
a single court fee stamp of the value of...required for this document is not
available but in lieu thereof in have furnished a court fee stamp of the next
lower value available and made up the deficiency by the use of one or more
adhesive Court fee stamps of the next lower values available required to make
up the exact amount of fees." Date.......................... Signature of Stamp
Vendor. Whenever a Treasury
Officer or Sub-Treasury Officer or a vendor finds that the stock of the court
fee stamps of a particular value is surplus, he may issue such stamps in
preference to court fee stamps of higher value in order to adjust the surplus
stock. In every such case the Treasury Officer or Sub-Treasury Officer or
Vendor, as the case may be. shall give a certificate stating the value and
number of the Court fee stamps required but not issued in order to adjust surplus
stock. When one or more
impressed court fee stamps of the required value are found to be insufficient
to complete a document, so much pie paper may be used and sub-joined thereto as
may be necessary for the completion of such document. Any adhesive court
fee stamps used with impressed court fee stamps shall be affixed to the
impressed court fee stamps of the highest value employed in denoting the fees. When a Judge holds
that a document is insufficiently stamped, and, under the provisions of section
149 of the Code of Civil Procedure, 1908, allows the deficiency to be made,
such additional impressed court fee stamps or adhesive court fee stamps or both
as are necessary under these rules to represent the amount of the deficiency
shall be filed. On each impressed court fee stamp so filed a reference to the
insufficiently stamped document shall be endorsed. A document stamped
otherwise than in accordance with these rules is not properly stamped within the
meaning of section 28. The rules relating to
sale of stamps, contained in Chapter V of the Rajasthan Stamps Rules shall
Mutatis Mutandis apply to the sale of court fee stamps under these rules and
the ex-officio and licensed vendors under the Rajasthan Stamp Rules shall be
deemed to be vendors of court fee stamps with the same rights and liabilities: Provided that the
provision of rule 31 of the Rajasthan Stamps Rules, 1955 shall not apply to
Court fees stamps not exceeding annas 8/- in value. When a resident in a
foreign State, who has obtained a succession certificate under section 382 of
the Indian Succession Act, 1925, desires to get the same stamped in accordance
with the Act with a view to make it effective in the State, he shall present
such certificate before any Collector. When a succession
certificate is presented in accordance with rule 22, the Collector shall
calculate the court fee leviable thereon, have the requisite court fee stamps
affixed thereto and cancel the stamps in accordance with the instructions in
force for the cancellation of court fee stamps under the Act. CHAPTER 4 Renewal and Refunds A court fee stamp
shall be deemed to be damaged or spoiled - (a)
When such stamp or the paper
on which it is impressed or fixed has been inadvertently spoiled, obliterated
or by any means rendered permanently unfit for use, whether the said paper be
written on or not, or (b)
When by reason of some
material error in the writing or copying of a stamped document it has become of
no avail, or (c)
When the purpose intended to
be effected by a stamped document has been effected by some other document duty
stamped, or (d)
When by reason of death or
other cause the transaction intended to be effected by a stamped document has
become impossible of completion, or (e)
When a duly stamped document
is returned or rejected on account of any error or informality in the drawing
up or signing thereto and such document cannot be used again after removing the
defect. Renewal of damaged or
spoiled adhesive court fee stamps shall not ordinarily be allowed except when
they are used in continuation with impressed court fee stamps. (1)
If any person possessing or
a damaged or spoiled impressed court fee stamp delivers up the same to the
Collector, for cancellation and applies its renewal within six months after the
same has become damaged or spoiled, the Collector may, if satisfied of the
sufficiency of the grounds of the application, cancel and renew such stamp. (2)
For the purposes of this
rule the renewal of a damaged or spoiled court fee stamp means the supply in
lieu thereof, if a fresh stamp or stamps of a similar kind and equal value, or,
of required and the Collector thinks fit, court fee stamps of any other description
to the same amount in value. (1)
When any person has in his
possession impressed court fee stamps for which he has no immediate use or
which have been spoiled or rendered use less for the purpose intended or when
any person has in his possession 4 or more adhesive court fee stamps of
denominations below five rupees or two or more adhesive court fee stamps of
higher denominations which have not been detached from each other and for which
he has no immediate use the Collector shall on application refund the value of
such stamps deducting one anna in the rupee, provided that such person delivers
the stamps to the Collector for being cancelled and proves to his satisfaction
that they were purchased with the bona fide intention to use them, that full
price thereof has been paid and that they were purchased, spoiled or rendered
useless within the period of six months preceding the date on which they are so
delivered. (2)
Refund may be allowed in a
case in which a plaint for filing a suit has been written on impressed court
fee stamp or stamps but has not been presented to the Court. (3)
The State Government may in
special cases allow refund in respect of impressed or adhesive court fee stamps
provided an application is made within one year from the date of purchase of
such stafnps in the case of stamps which are spoiled or rendered useless, from
the date on which they were spoiled or rendered useless. The Chief Controlling
Revenue Authority may sanction the refund or renewal of detached adhesive court
fee stamps in cases of special hard ship deducting one anna in the rupee,
provided an application is made within the period prescribed in sub-rule (1) of
rule 27. When adhesive court
fee stamps are affixed to the impressed court fees stamps in accordance with
the directions contained in these rules, such adhesive stamps shall be regarded
as impressed court fee stamps for the purpose of refund under these rules. The procedure laid
down in Chapter VI of the Rajasthan Stamp Rules, with regard to the refunds and
renewals of non judicial stamps shall apply mutatis mutandis to refunds or
renewals under these rules. CHAPTER 5 Rules as to cancellation of Stamps (1)
Each Presiding Officer,
should under section 30 of the Court Fees Act, 1870 as adapted to Rajasthan,
formally appoint an officer for the purpose of cancellation stamps. That
officer, who should ordinarily be the reader for documents filed in court and
the Munsarim (or other ministerial officer authorised to receive any
application) for documents presented before him, shall personally attend to,
and be personally responsible for, the strict fulfillment of the duty of
receiving documents to be filed, examining the correctness and adequacy of the
stamps attached thereto and immediately cancelling such stamps as are required
by section 30 of the Court Fees Act. There is no objection to the ministerial
officer appointed employing trust worthy sub-ordinates to do the mere manual
work of cancelling the stamps, subject to the approval of the court, but it
will be on the distinct understanding that that officer shall be personally
responsible for the due execution of the duty and for any defalcation or fraud
that may occur in connection with it. Note: - (1) The
presiding officer should see that punching is done immediately in presentation
of the petitions and other documents in court. (2) A rubber stamp in
the following form shall also be used: - Cancelled Date......... It should be applied
across the adhesive stamps and upon the paper on either side of it but not in
such a way as to obliterate the entries thereon or to render the detection of
forgeries more difficult. (2)
Too strict a compliance with
the provisions of section 30 of the Court Fees Act cannot be enjoined. IN all
cases it should be carefully seen that the court fee stamps are punched out,
that the pieces are destroyed, and the stamps registered before the documents
to which the stamps are attached are filed or acted upon. (3)
Every Presiding Officer
should inspect and test the work of his officer from time to time so as to
ensure attention to their duty and to limit opportunity for fraud. A very
efficient check could be kept on any attempt to defraud Government, if each
Presiding Officer examines daily some of the record he handless and if he also
examines periodically bundles of records of cases, dealt with by him, taken out
at random from the shelves in which they are placed. (1)
The official entrusted with
the work of cancellation and first punching of court fee labels and impressed
stamps shall legibly record on the document, below the stamps, the aggregate
value and number of the stamps used to denote each separate fee. (2)
When two or more impressed
stamps are used, the official concerned shall record the aggregate value and
number of stamps on the first sheet and on the other sheets he shall make a note
that it forms part of that particular document. (1)
The court or office issuing
copies, certificates or other similar documents liable to stamps duty shall,
before issue, cancel the labels affixed to them by punching out a portion of
the label in such a manner as not to remove that part of the label upon which
its value is expressed. (2)
A portion of the stamps on
the left side shall be punched out by the officer on the issue of the copy,
translation, certificate, probate or letters of administration. ON the filling
of the document, a second hole shall be punched in the stamp in the manner
prescribed by these rules. The portion of the
stamp removed by the punching prescribed in rules 31 and 33 shall be burnt or
otherwise destroyed by the officer charged with the duty of punching it out. The presiding officer
of every Court shall report immediately to the State Government, through the
Inspector General of Stamps and Registration, Rajasthan, any instance or
forgery of fraudulent use of any description of stamps, whether general.
Judicial, postal or telegraph coming to his notice. Such report shall be
accompanied by full particulars as to the nature of the forgery or fraud
perpetrated, and if possible, by specimens.Rajasthan Court Fees And Suits
Valuation Rules, 1961
[01 November 1961]