TAMIL
NADU COURT-FEES AND SUITS VALUATION (AMENDMENT) ACT, 2017
Preamble - TAMIL NADU COURT-FEES AND
SUITS VALUATION (AMENDMENT) ACT, 2017
THE TAMIL NADU
COURT-FEES AND SUITS VALUATION (AMENDMENT) ACT, 2017
[Act No. 06 of 2017]
[17th February, 2017]
PREAMBLE
An Act further to
amend the Tamil Nadu Court-fees and Suits Valuation Act, 1955.
Be
it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Sixty-eighth Year of the Republic of India as follows:--
Section 1 - Short title and commencement
(1) This Act may be called the Tamil Nadu Court-fees
and Suits Valuation (Amendment) Act, 2017.
(2) It shall come into force on such date as the State
Government may, by notification, appoint.
Section 2 - Substitution of section 7
For
section 7 of the Tamil Nadu Court-fees and Suits Valuation Act, 1955 (Tamil
Nadu Act XIV of 1955) (hereinafter referred to as the principal Act), the
following section shall be substituted, namely:--
"7.
Determination of market value
(1) Save as otherwise provided, where the fee payable
under this Act depends on the market value of any property, such value shall be
determined as on the date of presentation of the plaint.
Explanation.--For the purpose of this section,
"market value" means the market value fixed under section 47-AA of
the Indian Stamp Act, 1899 (Central Act II of 1899):
Provided that in cases where the plaintiff assess
the value of the immovable property at a lesser amount than the market value,
he shall give adequate reasons as to why the market value fixed under section
47-AA of the Indian Stamp Act, 1899 (Central Act II of 1899) does not represent
the real market value of that immovable property.
(2) The assessment made by the plaintiff shall be
accepted by the court at the initial stage of numbering the suit, subject to
objection that may be raised by the other party to the litigation.".
Section 3 - Substitution of section 21-A
For
section 21-A of the principal Act, the following section shall be substituted,
namely:--
"21-A.
Fee to be computed to the nearest rupee
In
the determination and computation of the amount of fee payable under this Act,
any fraction of a rupee be rounded off to one rupee.".
Section 4 - Amendment of section 25
In
section 25 of the principal Act,--
(1)
in
clause (a), for the expression "rupees one thousand and five
hundred", the expression "rupees five thousand" shall be
substituted;
(2)
in
clause (b), for the expression "rupees one thousand", the expression
"rupees five thousand" shall be substituted;
(3)
in
clause (c), for the expression "rupees two thousand", the expression
"rupees five thousand" shall be substituted;
(4) after clause (c), the following clause shall be
inserted, namely:--
"(cc) where a defence of adverse possession is
made, the same shall be treated as a counter claim and fee shall be computed on
the market value of the immovable property;";
(5) in clause (d), for the expression "rupees one
thousand", the expression "rupees five thousand" shall be
substituted.
Section 5 - Amendment of section 30
In
section 30 of the principal Act,--
(1) for the expression "rupees one thousand",
the expression "rupees five thousand" shall be substituted;
(2) the following proviso shall be added, namely:--
"Provided that in cases where a defence of
adverse possession is made, the same shall be treated as a counter claim and
fee shall be computed on the market value of the immovable property.".
Section 6 - Amendment of section 37
In
section 37 of the principal Act, for sub-section (2), the following sub-section
shall be substituted, namely:--
"(2)
In a suit for partition and separate possession of joint family property or
property owned jointly or in common, by a plaintiff who is in joint possession
of such property, fee shall be paid at the following rates:--
When
the plaint is presented to--
|
(i) the
High Court; |
Rupees ten
thousand. |
|
(ii)
Courts other than High Court. |
Rupees
five thousand.". |
Section 7 - Insertion of new section 53-A
After section 53 of the Principal Act, the
following section shall be inserted, namely:--
"53-A. Fee on appeals from transfer suits
(1) The fee payable on appeals from transferred suits
shall be the fee paid or payable on the suit whichever is less.
(2) The fee payable in appeals from suits transferred
from the High Court in its original jurisdiction to the City Civil Court shall
be the fee paid before the High Court. The fee on the appeal shall not be
calculated on the higher fee payable as if the plaint originally been filed
before the City Civil Court.".
Section 8 - Amendment of section 69
In section 69 of the principal Act, for the
expression "half the amount", the expression "full amount"
shall be substituted.
Section 9 - Substitution of section 69-A
For section 69-A of the principal Act, the
following section shall be substituted, namely:--
"69-A. Refund on settlement of disputes under
section 89 of Code of Civil Procedure
Where the Court refers the parties to the suit to
any of the modes of settlement of dispute referred to in section 89 of the Code
of Civil Procedure, 1908 (Central Act V of 1908), the fee paid shall be
refunded upon such reference. Such refund need not await for settlement of the
dispute.".
Section 10 - Insertion of new section 74-A
After section 74 of the principal Act, the
following section shall be inserted, namely:--
"74-A. Mandatory costs
In frivolous or speculative litigation, the court
shall award cost to the winning party, which shall be the actual cost or equal
to the value of court-fee paid by the winning party whichever is less.".
Section 11 - Amendment of Schedule I
In Schedule I to the principal Act,--
(1)
for the entries in columns (2) and (3) against Article 1 in column (1) thereof,
the following entries shall, respectively, be substituted, namely:--
|
"Plaint
or written statement pleading a set off or counter claim or memorandum of
appeal presented to any Court. |
Three per
cent of the amount or value of the subject matter in dispute."; |
|
(2) for
the entries in columns (2) and (3) against Article 6 in column (1) thereof,
the following entries shall, respectively, be substituted, namely:-- "Probate
of a will or letters of administration with or without will annexed. |
Three per
cent on the amount or value of the estate in respect of which the grant of
probate or letters of administration is made, subject to a maximum of twenty-five
thousand rupees.". |
Section 12 - Amendment of Schedule II
In Schedule II to the principal Act,--
(1) for the entries in columns (2) and (3) against
Article 3 in column (1) thereof, the following entries shall, respectively, be
substituted, namely:--
"Memorandum of appeal from an order inclusive
of an order determining any question under section 144 of the Code of Civil
Procedure, 1908, and not otherwise provided for when presented--
|
(i) to any
Court other than the High Court or to Government or to any Executive Officer
other than the Government or the Appropriate Authority specified in the
notification under sub-section (1) of section 4 of the Tamil Nadu Board of
Revenue Abolition Act, 1980 or Chief Executive Authority; |
One
hundred rupees. |
|
(ii) to
the High Court. |
Two
thousand rupees."; |
(2) for the entries in columns (2) and (3) against
Article 4 in column (1) thereof, the following entries shall, respectively, be
substituted, namely:--
|
"Application
for setting aside arbitral award and for enforcement of the foreign award
under the Arbitration and Conciliation Act, 1996. |
Three per
cent of the value for jurisdiction subject to a maximum of one lakh
rupees."; |
(3) in Article 11,--
(i) for the entry "Two rupees" in column (3),
against item (g) in column (2) thereof, the entry "Twenty rupees"
shall be substituted
(ii) for items (h) and (i) in column (2) and the entries
relating thereto in column (3), the following shall be substituted, namely:--
|
"(h)
Application for arrest or attachment before judgment or for temporary
injunction when presented to any Court. |
Twenty
rupees. |
|
(i)
Application or petition under section 47 and Order XXI, Rules 58 and 90 of
the Code of Civil Procedure, 1908 filed in any Court. |
Twenty
rupees."; |
(iii) for the entry "One per cent of value of the
subject matter, subject to a maximum of rupees five thousand", in column
(3) against item (m) in column (2) thereof, the entry "three per cent of
the value of the subject matter subject to a maximum of rupees one lakh"
shall be substituted
(iv) for item (o) in column (2) and the entries relating
thereto in column (3), the following shall be substituted, namely:--
|
"(o)
Revision petition presented to the High Court under section 115 of the Code
of Civil Procedure, 1908 or under section 25 of the Provincial Small Cause
Courts Act, 1887 or under the provisions of any other Act, arising out of a
suit or proceeding. |
Two
hundred rupees."; |
(v) for item (p) in column (2) and the entries relating
thereto in column (3), the following shall be substituted, namely:--
|
"(p)
Revision petition presented to a District Court. |
Two
hundred rupees."; |
(vi) for item (r) in column (2) and the entries relating
thereto in column (3), the following shall be substituted, namely:--
|
"(r)
(i) Petition to the High Court under Article 226 of the Constitution for a
Writ other than Writ of Habeas Corpus. |
One
thousand rupees. |
|
(ii)
Petition to the High Court under Article 227 of the Constitution. |
Five
hundred rupees."; |
(vii) for the entry "Ten rupees" in column (3)
against item (s) in column (2) thereof, the entry "Twenty rupees"
shall be substituted;
(4) for the entries in columns (2) and (3) against
Article 16 in column (1) thereof, the following entries shall, respectively, be
substituted, namely:--
|
"Mukhtarnama,
Vakalatnama or any paper signed by an advocate signifying or intimating that
he is retained for a party, when presented to any Court. |
Ten
rupees."; |
(5) for the entries in columns (2) and (3) against
Article 18 in column (1) thereof, the following entries shall, respectively, be
substituted, namely:--
|
"Caveat. |
Twenty
rupees."; |
(6) for the entries in columns (2) and (3) against
Article 19 in column (1) thereof, the following entries shall, respectively, be
substituted, namely:--
|
"For each
memorandum of appearance in Criminal Courts including High Court. |
Ten
rupees."; |
(7) For the entry "Twenty five rupees for every
rupees fifty thousand subject to a maximum of one thousand rupees" in
column (3) against Article 20 in column (1) thereof, the entry "Half per
cent ad valorem, subject to a maximum of rupees ten thousand" shall be
substituted.