THE KERALA COURT-FEES AND SUITS
VALUATION RULES, 1962[1] In exercise of the powers conferred by
Section 85 of the Kerala Court-fees and Suits Valuation Act, 1959 (X of 1960)
read with Sections 10, 20 and 74 thereof and in supersession of the existing
rules on the subject, the Government of Kerala hereby make the following rules: These Rules may be called the Kerala
Court-fees and Suits Valuation Rules, 1962. They shall come into force on the
first day of February, 1962. In these rules, unless the context
otherwise requires, (i)
"the Act" means
the Kerala Court-fees and Suits Valuation Act, 1959 (Act 10 of 1960). (ii)
"Section" means Section
of the Act. (iii)
words and expressions used
in the Act and not defined in these Rules shall have the meanings assigned to
them in the Act. Court-fees Stamps purchased in the
Kerala State shall alone to be used for the payment of all fees chargeable
under the Kerala Court-fees and Suits Valuation Act, 1959. The statement of particulars of the
subject-matter of a suit and the Plaintiff s valuation thereof referred to in
Section 10 shall be in the form set out in Annexure to these Rules and shall
contain the particulars mentioned therein. Every notice by the Court under
Section 20 shall be issued to the Collector of the District in which the
subject-matter of the claim to which the plaint, written statement, petition,
memorandum of appeal or other document relates is situate. Where under Section 67, a party
obtains refund of the Court-fee paid on a memorandum of appeal and where on a
further appeal or revision the order of remand is set aside and the appeal is
remanded to the Lower Appellate Court, the Court setting aside the order of
remand shall direct that the Court-fee originally paid and subsequently
refunded to the party shall be repaid by him. In order to enable the Court to come
to a finding whether the Plaintiff in the suits specified in the entries in
Column (1) of the Table below are entitled to concession of Court-fees under
Section 74(1) or not, the plaints resented to the Court in respect of such
suits shall be accompanied by the documents and records specified against them
in the corresponding entries in column (2) thereof. TABLE (1) (2) (i) Suits for money instituted by a registered trade union
wherein the claim does not exceed one thousand rupees. (i) Registration certificate of the trade union issued by
the Registrar of Trade Unions under the Trade Unions Act, 1926. (ii) Suit for money instituted by a member of the Scheduled
Caste or Schedule Tribe whose monthly income does not exceed one hundred
rupees and wherein the claim does not exceed one thousand rupees. (ii) A certificate from the Tahsildar of the Taluk or the
District Welfare Officer of the Harijan Welfare Department having
jurisdiction over the area where the Plaintiff ordinarily resides to the
effect that the said Plaintiff's average monthly income does not exceed Rs.
100 and that he is a member of the Scheduled-Caste or Scheduled Tribe, as
the case may be. (iii) Suits for money instituted by a prisoner whose monthly
income does not exceed one hundred rupees and where in the claim does not
exceed one thousand rupees. (iii) (a) A certificate from the Superintendent of the
jail in which the said Plaintiff is confined to the effect that he is a
prisoner of the said Jail, and (b) A certificate from the Tahsildars of the Taluk where
the prisoner has his permanent home-stead stating that Plaintiff's monthly
income does not exceed Rs. 100. (iv) Suit for money filed by a Co-op. Society registered under
the Co-operative Societies Act for the time being in force against any person
other than a member of the Society. (iv) Certificate of registration of the Co-operative
Society issued under the Co-operative Societies Act and ledger extracts
concerning the transaction to which the suit relates. (v) Suits for recovery of compensation under the Workmen's
Compensation Act, 1923. (v) A certificate from the Commissioner for Work men's
Compensation to the effect that the plaintiff is a workman or dependent, as
the case maybe, as defined in the Workmen's Compensation Act, 1923. (vi) Suits for recovery of wages or bonus by workmen under the
Industrial Disputes Act, 1947. (vi) (a) A certificate from the Assistant Labour Officer
having jurisdiction over the area to the effect that the said workmen belong
to a particular establishment and that they are eligible for the benefits
under the said Act, and (b) Documents such as settlements, agreements or awards,
as the case may be, wherever they exist. (vii) Suits for arrears of maintenance or for maintenance or
for enhancement of maintenance or for recovery of shares of their deceased
husbands or parents in the family property filed by women or minors whose
monthly income does exceed one hundred rupees (vii) (a) A certificate of income from the Tahsildar of
the Taluk having jurisdiction over the area where the plaintiff ordinarily
resides to the effect that the said plaintiff's monthly in come does not
exceed one hundred rupees, and (b) a certified extract of the Registrar of births
relating to the date of birth in the case of minors: Provided that the Court may, on being satisfied about the
non-availability of the said extract, accept in lieu thereof, a certificate
of age from the Tahsildar within whose jurisdiction the minor ordinarily
resides. Explanation. 'Monthly income', for
purpose of Entries (ii), (iii) and (vii) shall mean the average monthly income
during the period of one year immediately prior to the date of institution of
the suit. ANNEXURE (See rule
5) FORM (1)
Section and sub-Section of the Act. (2)
Nature and subject-matter of suit. (3)
Annual gross profits of the land where it is capable of yielding
annual profits or annual rental value of buildings. (4)
Annual assessment if any made by Government. (5)
Market-value of the property calculated according to Section 7(2). (6)
Cultivation and other expenses. (7)
Net annual income. (8)
Net income derived by the owner of the restricted or fractional
interest. (9)
Market-value of the restricted or fractional interest calculated
under Section 7(4) of the Act. (10)
Valuation for purposes of Court-fees. Notes.(1)
Details as to how the annual gross profits (Col. 3) and cultivation and other
expenses (Col. 6) are calculated should be furnished. (2) Columns 6 to 9 need be filled
up only when the suit pertains to a restricted or fractional interest in a
property. INSTRUCTIONS (1)
In the case of lands which are not capable of yielding annual
profits, the market-value as estimated by the plaintiff, with details as to how
it is calculated should be furnished. (2)
In the case of a building the annual rental value as entered in
the Register of the Corporation, Municipality or Panchayat, if any, within
whose jurisdiction the building is situate, should be furnished and the
market-value should be taken as ten times such rental value. (3)
In cases where no such rental value is entered in the Register of
any local authority, the market-value as estimated by the plaintiff with
details as to how it is calculated should be furnished. (4)
In addition to the particulars mentioned above the plaintiff may
also furnish such additional particulars which he considers material to his own
valuation. [1] Vide Notification No.
10463/C2/60-2/Law, dated 19th January, 1962, published in the Kerala Gazette,
Extra., No. 11, dated 19th January, 1962.THE KERALA COURT-FEES AND SUITS VALUATION
RULES, 1962
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