THE KERALA DOCUMENT WRITERS' LICENCE RULES,
1960
[THE
KERALA DOCUMENT WRITERS' LICENCE RULES, 1960
PREAMBLE
In exercise of the powers conferred by clause (bb) of
sub-section (1) of section 69 of the Indian Registration Act 1908 (XVI of 1908)
the Inspector-General of Registration hereby makes the following rules with the
approval of Government, as required by sub-section (2) of the said section,
namely:-
Rule - 1. Short title.
These rules may be called the Kerala Document Writers'
License Rules, 1960.
Rule - 2. Commencement.
These rules shall come into force in the T.C. area of the
State from 1-6-1960 and in the Malabar District referred to in section 5(2) of
the S.R. Act 1956 (C.A 37 of 1956) on such date as may be notified by the
Government.
Rule - 3. Definition.
In these rules, unless the context otherwise requires,
(1)
"Document Writer" means and
includes One who is engaged in the profession of preparing documents, namely
doing the work of convincing, including investigation of title, preparation of
draft-deeds and engrossing the deed on stamp paper for registration.
(2)
"Form" means a form appended
to these rules.
(3)
"License" means a Document
Writers' License or a Scribe's License granted under these rules.
(4)
"Licensing Authority'' means the
licensing authority specified in Rule 21.
(5)
"Scribe" means one who
assists a document-writer in the preparation of documents and who transcribes
the documents (including copies if any) to be presented for registration.
Rule - 4. Prohibition of unlicensed persons.
No person who is not licenced under these rules shall
engage himself in the profession of a document writer or scribe:
Provided that no advocate or pleader practicing before any
court in the State shall be required to take out a Document Writers' Licence.
Rule - 5. Licenses to whom granted.
Subject to the provisions of these rules,
(A)
a document Writers License may be
granted to:
[(1) Any retired officer of the Registration Department of
Kerala State not below the rank of a clerk].
(2) Any
person who has passed the Document-Writers' Licensing Test.
(3) Any
person who on 1-4-1951 was in possession of a Document Writers' License granted
to him under the Travancore Document Writers' License Rules, 1121.
(4) Any
person who is in possession of a Document Writers' License granted to him under
the Travancore-Cochin Document Writers' License Rules, 1955.
(5) Any
other person who proves to the satisfaction of the Licensing Authority that he
has been in continuous practice as a Document Writer in Travancore-Cochin or a
Scribe in the Travancore area for a period of not less than 5 years immediately
preceding 1-1-1955 or as a Document Writer in the Malabar area for a period of
not less than 5 years immediately preceding the date of commencement of these
Rules.
(B)
A Scribe's License maybe granted to
any person who has passed the Scribes' Test or was on 1-4-1951 in possession of
a Scribe's License granted to him under the Travancore Document Writers'
License Rules, 1121, or who is in possession of a Scribe's Licence granted to
him under the T-C Document Writers Licence Rules, 1955;
Provided that Government may, on the recommendation of the
Licensing Authority in appropriate cases, exempt any person or class of persons
from the provisions of this Rule.
Rule - 6. Non-testamentary documents[other than documents registrable in Book 4][3] are to be prepared by licensed persons only
(1)
Every [such]
non-testamentary document presented for registration shall be prepared by a
document writer, licensed in this behalf, by the Licensing Authority:
Provided that no licence will be necessary in the case of a
document writer who is an advocate or pleader practicing before any court in
the State.
(2)
No [such]
non-testamentary document shall be accepted for registration unless it is
attested by the document writer and the scribe if any;
Provided that the provisions of this rule shall not apply
to documents executed by or on behalf of or in favour of the Government of
India, or Government of a State in India or local authorities and other bodies
corporate, and institutions which may by notification in the Gazette be
specified by Government in this behalf.
Rule - 7. Disqualification.
A license shall not granted to a person:
(a)
If he is a minor;
(b)
if he has been declared by a competent
court to be unsound mind;
(c)
if he is an undischarged insolvent or
being a discharged insolvent has not obtained from the court which adjudged him
as insolvent, a certificate that his insolvency was caused by misfortune
without any misconduct on his part;
(d)
in the case of an advocate or pleader,
if he has been dismissed or is under suspension, from practicing as such by
order of any competent court;
(e)
if he has been convicted by a Criminal
Court for an offence involving moral turpitude; before the expiry of three
years from the date of conviction or before the expiry of the period of
sentence whichever period expires later;
(f)
if he is a deaf mute;
(g)
if he is a leper;
(h)
in the case of a retired officer, if
his retirement had been the result of misconduct,
(i)
if his license has at any time been
cancelled and the order canceling the licence has not been quashed by competent
authority;
(j)
3if he is an officer retired from Government service whose
pension has been withheld, either wholly or in part, due to his misconduct or
negligence, and such period for which the pension is so withheld, has not
expired].
Rule - 8. Application for license.
(1)
An application for a Document Writers'
License shall be in Form A, that for a Scribe's license in Form B and that for
a renewal in Form I.
(2)
Printed copies of the forms of
application may be obtained from the Office of the Licensing Authority if the
applicant sends a correctly addressed and duly stamped post cover.
Rule - 9. Mode of application.
(1)
Application for Document Writer's
license or for a Scribe's license or for a renewal thereof, shall be presented
in person or by Agent or sent by registered post to the Sub Registrar under
whose jurisdiction the applicant resides or to whose office he desires to be
attached primarily.
(2)
All applications received by the Sub
Registrar shall be forwarded with his remarks to the Registrar of the District,
who shall forward such of those applications, which he is not competent to
renew under Rule 23, to the Inspector of Registration Offices concerned or the
Licensing Authority, as the case may be with his recommendations.
Rule - 10. Issue of License.
(1)
Licenses granted by the Licensing
Authority will be issued through the Sub Registrar to whom the application for
license was sent or presented.
(2)
The Document Writer's License shall be
in [xxx]
Form C and the Scribes' Licence shall be in [xxx]
Form D.
(3)
If a license is lost or destroyed a
duplicate may on adequate proof of such loss or destruction be issued to the
licensee on payment of a fine of Rupees [five]
each.
(4) (a) [Any licence
issued to a document Writer or Scribe shall be in force only till the first day
of June every year, subject to renewal before that date for a period of three
years, such renewal being made either by endorsement on the licence or by issue
of a certificate of renewal of the Licensing Authority, on an application of
the licence holder in Form 1];
[(aa) The application for renewal should be made to the
concerned Sub-Registrar on or before the 1st day of March of every year].
Provided that in the case of licensees who have been
granted licenses during the period between the 1st day of February and the 31st
day of May in any year, application for renewal shall be made on or before the
15th day of July of the same year].
[(b) A Licence shall not be renewed:
(i)
if the licensee fails or has failed to
observe any of the conditions of his licence or contravenes any of the
provisions of these rules or is found guilty of disobedience of any order
passed under these rules; or
(ii)
during the period for which the
licence has been suspended; or
(iii)
if after acquiring the licence, the
licensee became disqualified for the grant of a license under rule 7;
Provided that an appeal from an order of refusal to grant
or renew licence shall lie to the Govt. within two months of the date of
refusal or rejection].
(c) If for any reason a license has not been renewed on or
before the due date, the Licensee shall not be eligible to apply for a renewal
in the succeeding year unless the default to renew at the due date, has been
condoned by the Licensing Authority.
(d) The Licensing Authority may on sufficient reason shown
condone such defaults on payment, over and above the usual renewal fee, a fine
equal to double the renewal fee.
Rule - [11. Fees.
Fees at the following rates shall be levied on the
application for Document Writers and Scribes Licenses and for their triennial
renewals.
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Document Writer's Licence
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Scribe's Licence
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Rs.
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Rs.
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Fee for one Sub-district
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50
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20
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Fee for one District
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100
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30
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Fee for the whole State
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200
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50
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Document Writer's Licence renewal
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Scribe's Licence renewal
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Rs.
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Rs.
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Fee for one Sub-district
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75
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30
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Fee for one District
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120
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45
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Fee for the whole State
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150
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75
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Explanation.-
(1)
In this rule Sub District shall be
deemed to include all the registration offices whether principal, additional,
temporary or joint situated in the same town, municipality, corporation or
locality.
(2)
licensees attached to offices included
in the Sub-District of an amalgamated office may also prepare documents to be
registered in the amalgamated office under section 30 of the Indian
Registration Act.]
Rule - [12. Remittance of fees.
(1)
The License and other fees shall be
paid in cash to the Sub Registrar concerned and receipt obtained from him. The
Sub Registrar shall credit the fees so collected in his account 'B' issue
receipt to the remitter and remit the amount into the treasury under the proper
budget head.]
(2)
If the Licence or renewal thereof if
refused, the fee remitted shall be refunded to the applicant.
Rule - 13. Conditions attached to the Document Writers' Licence.
The following conditions shall be deemed to be attached to
the Document Writers Licence.
(a)
That the Licensee shall abide by the
rules relating to the licensing of Document Writers.
(aa) That he shall not demand or
receive any fees in excess of the amounts specified in the schedule of fees
appended to these rules, for the services rendered by him as document writer
and for the services rendered by any scribe attached to his office.
(aaa) That he shall exhibit the
schedule of fees in a conspicuous place in his office, in the regional
language:
Provided that in the case of an existing licence,
conditions (aa) and (aaa) shall apply to only from the date of its renewal.
(b)
That he shall maintain the registers,
receipt books and other records prescribed by these rules to be maintained or
required to be maintained by the Licensing Authority from time to time.
(c)
That he shall not demand or receive
any sum from parties in the name of any person connected with the Registration
Office.
(d)
That he shall render true and correct
accounts of the moneys he received from the parties.
(e)
That he shall write or cause to be
written documents legibly and in accordance with the instructions that may be
issued from time to time by the Licensing Authority.
(f)
That he shall instruct the parties or
their duly authorised agents or holders of powers of attorney to present
documents or petitions and to pay the fees in person direct to the registering
officers and not through any other Agency.
(g)
That he shall write or cause to be
written documents carefully, properly and in clear and unambiguous terms.
(h)
That he shall obey any directions that
may from time to time be issued by the Licensing Authority regarding the
preparation or transcription of documents or copies for registration.
Rule - 14. Duties of Scribes.
A scribe shall-
(a)
write neatly, legibly and correctly
(b)
obey the conditions of the License
granted to him.
Rule - 15. Document Writer as Scribe.
A document-writer may on payment of the fee therefor apply
for and obtain a Scribe's license also provided he writes a neat and legible
hand.
Rule - 16. List of Document Writers to be published.
The license numbers and the full name of Document-Writers
for the whole State, and the District and the Sub-District concerned, shall be
published on the notice board in each Sub-Registry Office.
Rule - 17. Documents how written.
Every Document-Writer and scribe shall obey the directions
that may from time to time be issued by the Licensing authority with regard to
the use of stamp papers and other papers in the preparation of documents for
registration.
Rule - 18. Attestation of documents.
Every non-testamentary document prepared by a Document
Writer and transcribed by a Scribe shall be attested by them in the following
manner:-
Prepared by (Name in full with License No. of the Licensed
Document Writer and signature)
Transcribed by (Name in full with License No. of the
Licensed Scribe and signature).
Note: In the case of type-written or printed document an
attestation by a Scribe is not necessary.
Rule - 19. Registers.
A document writer shall maintain:-
(1)
a register in form E and
(2)
a receipt book with counterfoil in
form F and shall give receipts for all moneys received on account of work
connected with every document prepared by him.
Rule - 20. Inspection of Records.
The Register and receipt book shall at all times be open to
inspection by the officers of the Department who shall initial them after
inspection. The licence shall also be produced for inspection on demand by the
District Registrar and the Licensing Authority.
Rule - 21. [Licensing Authority.
The Deputy Director of Registration (Licensing) attached to
the office of the Director of Registration shall be the licensing Authority for
the purpose of these rules].
Rule - 22. Powers and duties of licensing Authority.
The Licensing Authority shall have power to
(a)
Grant Licenses to Document-Writers and
Scribes;
(b)
Renew licenses;
(c)
Cancel, revoke or suspend licenses
granted under the rules;
(d)
Issue to the Document Writers or
Scribes such directions as may be necessary for effectively carrying out the
purposes of these rules.
Rule - [23.
(i)
The Deputy Director of Registration
(Licensing) attached to the office of the Director of Registration, shall be
competent to renew the State Licenses.
(ii) A District Registrar shall be competent to renew the
licence for his district and also the licence for two or more sub districts
within his district;
(iii) A Sub Registrar shall be competent to renew the
licence for his sub district].
Rule - 24. The licensing Authority shall keep the following registers
(1)
A register in form 'G' for Document
writers and
(2)
A register in form 'H' for scribes.
Rule - 25. Document Writers' licensing Test.
(1)
An examination to be called "The
Document-Writers Licensing Test" shall be conducted by the Licensing
Authority [once
in two years]. The time and place of the examination and the language in which
candidates will be examined shall be notified in the Gazette.
(2)
The test shall consist of an
examination in the Stamp and Registration Laws and also in convincing or the
drafting of document and any other subject, which may be prescribed by the
licensing Authority.
(3)
The Test shall be conducted at such
times and in such manner as may be notified in the Gazette.
(4)
An examination fee of Rs. [10]
shall be levied on each application for admission to the Document Writers
Licence Test.
Rule - 26. Scribes' Test.
(1)
The Licensing Authority may conduct a
Scribes' Test at such times and in such manner as he may determine. The date
and place of the Test shall be notified in the Gazette.
(2)
The Test shall relate to the
transcription of documents.
(3)
An examination fee of Rs. [5]
shall be levied on each application for admission to the scribes' Test.
Rule - 27. [Qualifications.
(1)
A pass in S. S. L. C. examination or
its equivalent shall be the minimum qualification for admission to the Document
Writers' Licensing Test:
Provided that a Scribe Licensee, who has continuously
practiced as such for a period of five years after obtaining the Scribe
Licence, shall be eligible for admission to the Document Writers' Licensing
Test, irrespective of the aforesaid qualification, subject to the condition
that the fact of such continuous practice shall be certified on the basis of
documentary evidence by the Sub Registrar through whom he submits his
application.
(2)
A study up to S.S.L.C. or its
equivalent shall be the minimum qualification for admission to the Scribe Test:
Provided that a person who has been an apprentice under a
licensed Document Writer' for a continuous period of two years and who has
passed Standard VI shall be eligible for admission to the Scribes' test
irrespective of the aforesaid qualification, subject to the condition that the
fact of such continuous apprenticeship shall be certified by the Sub Registrar
through whom he submits his application.
(3)
A candidate applying for the Document
Writers' or Scribes Licensing Test shall have completed 18 years of age on the
date of application. True copies of school records attested by a gazetted
officer alone shall be accepted as proof of date of birth and qualification.
(4)
The qualification prescribed, shall
be, subject to such alterations as may be prescribed by Government on the
recommendation of the Licensing Authority.]
Rule - 28. Application.
Application for admission to the Document Writers'
Licensing Test or the Scribes' Test shall be sent to such authority in such
manner, and in such form as may be notified in the Gazette.
Rule - 29. Suspension of Document Writers' license.
A license granted under these rules to a Document Writer
may be suspended if he,-
(i)
Fails to maintain the registers and to
issue receipts regularly as required by Rule 19;
(ii)
has acted as a tout;
(iii)
contravenes any of the provisions of
these rules or any of the conditions of his license or is found guilty of
disobedience to any lawful order passed under these rules;
(iv)
found guilty of any abetment of or
participation in any illegal transaction or dealings with the staff attached to
the registration offices;
[(v) Conducts or behaves himself improperly in the
registration Office.]
Rule - 30. Cancellation of Document-Writers' License.
A licence granted under these rules to a document-writer
may be cancelled if:
(1)
His license has been suspended three
times during the course of two consecutive years:
[Provided that where the suspension of the licence is for
demanding or receiving fees in excess of the amounts specified in the schedule
of fees, the licence may be cancelled if it has been suspended twice during the
course of two consecutive years.]
(2)
He becomes disqualified on any of the
grounds specified in Rule 7.
Rule - 31. [Suspension of Licence for improper conduct or misbehavior.
(1)
A licence granted under these rules
may be suspended for improper conduct or misbehavior of the holder of the
licence in the registration office,-
(a) [xxx]
(b) by the District Registrar, for not
more than three months at a time;
[(c) by the Deputy Director of Registration (Zone), for not
more than six months at a time.]
(2)
Appeals from an order of suspension
under sub-rule (1) shall lie to the Inspector General of Registration].
Rule - 32. Power of the Licensing Authority regarding Licenses.
The licensing authority may suspend any license granted
under these rules for any period or may cancel any such license.
Rule - 33. Appeals.
An appeal shall lie to the Government from any order of
suspension or cancellation of a document writers' license issued under these
rules.
Rule - 34.
"The Travancore-Cochin Document Writers' Licence Rules
1955" are hereby repealed:
Provided that any order made or action taken under the
Rules so repealed shall be deemed to have been made or taken under the
corresponding provisions of these rules,
[SCHEDULE
OF FEES
(See Rule 13)
1. Document Writers Fees:
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Maximum Fees Rs
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(i)
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When the value or the consideration specified in the document does not
exceed Rs. 1,000.
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30.00
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(ii)
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When such value exceeds Rs. 1,000 but does not exceed Rs. 5.000.
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50.00
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(iii)
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When such value exceeds Rs. 5,000 but does not exceed Rs. 10,000.
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75.00
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(iv)
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When such value exceeds Rs. 10,000 but does not exceed Rs. 20,000.
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80.00
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(v)
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When such value exceeds Rs. 20,000 but does not exceed Rs. 30,000.
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130.00
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(vi)
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When such value exceeds Rs. 30,000 but does not exceed Rs. 40,000.
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180.00
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(vii)
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When such value exceeds Rs. 40,000 but does not exceed Rs. 50,000.
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230.00
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(viii)
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When such value exceeds Rs. 50,000 but does not exceed Rs. 1,00,000.
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300.00
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(ix)
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When such value exceeds Rs. 1,00,000 but does not exceed Rs. 2,00,000.
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400.00
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(x)
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When such value exceeds Rs. 2, 00, 000.
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600.00
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(xi)
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For the preparation of a document falling under Article I(v) of the
Table of Fees prescribed under section 78 of the Act.
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30.00
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(xii) When the schedule of properties contains more than five items
besides the fees prescribed above, for every five item or part thereof an
additional fee of Rs. 10 may be levied.
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(xiii) In the case of the following documents namely:-
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(1) agreements relating to immovable property,
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(2) agreements relating to deposit of title deeds, pawn or pledge,
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(3) appointment in execution of a power,
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(4) awards,
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(5) chitty or kuri variola,
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(6) composition deed,
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(7) partition,
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(8) partnership including dissolution of partnership,
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(9) settlement, and
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(10) trust
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an additional fee of 25 per cent on the fees specified in items (i) to
(xi) may be levied.
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2. Scribe's Fees:
Scribe's fees will be according to the number of pages
copied by him.
A fee of Re. 1 (Rupee one only) may be levied for every
page or part of a page of the following documents copied by him, namely:-
(one page means a minimum of 100 words)
(1)
Original documents,
(2)
Duplicates,
(3)
Pokkuvaravu and
(4)
Counter-parts of documents.
For true copies to be filed, a uniform rate Rs. 2 (Two
Rupees only) for every page or part of a page of the copying sheets, subject to
a minimum of seven Rupees may be levied (one page means a minimum of 350
words).