79. Repeal and saving.

SCHEDULE 1
Ad Valorem fees
Ad Valorem fees
(See Section 19 )
Article
Article
Particulars
Particulars
Proper fee
Proper fee
(1)
(1)
(2)
(2)
(3)
(3)
1
(a) Plaint or written statement pleading a
set-off or counter-claim in any suit of the nature cognizable by
Courts of Small Causes, when the amount or value of the
subject-matter does not exceed five hundred rupees if the suit is
actually filed and tried as a small cause suit- When the amount
or value of the subject-matter in dispute-
(i) does not exceed one hundred rupees, for every five rupees or
part thereof
Forty paise.
(ii) exceeds one hundred rupees but does not exceed five hundred
rupees, for Eighty paise. every ten rupees or part thereof, in
excess of
one hundred rupees
(b) Plaint or written statement pleading a
set-off or counter-claim in any suit of the nature cognizable by
Court of Small Causes, when the amount or value of the subject
matter exceeds five hundred rupees but does not exceed one
thousand rupees When the amount or value of the subject-matter in
dispute
(i) does not exceed one hundred rupees, for every five rupees or
part thereof
Sixty paise.
(ii) exceeds one hundred rupees but does not exceed one thousand
rupees, for One rupee and every ten rupees or part thereof, in
excess of one hundred rupees
ten paise
(c) Plaint or written statement pleading a
set-off or counter claim or memorandum of appeal presented to any
Court- When the amount or value of the subject-matter in dispute-
(i) does not exceed one hundred rupees, for every five rupees or
part thereof
Sixty paise.
(ii) exceeds one hundred rupees but does not exceed one thousand
rupees, for One rupee and every ten rupees or part thereof, in
excess of one hundred rupees
ten paise
(iii) exceeds one thousand rupees, but does not exceed ten
thousand rupees, for Seven rupees and every one hundred rupees or
part thereof, in excess of one thousand rupees
fifty paise.
(iv) exceeds ten thousand rupees, but does not exceed twenty
thousand rupees for every five hundred rupees or part thereof, in
excess of ten thousand rupees.
Thirty rupees
(v) exceeds twenty thousand rupees, but does not exceed thirty
thousand rupees for every one thousand rupees or part thereof, in
excess of twenty thousand rupees.
Forty rupees
(vi) exceeds thirty thousand rupees, but does not exceed fifty
thousand rupees, for every two thousand rupees or part thereof,
in excess of thirty thousand rupees.
Sixty rupees
(vii) exceeds fifty thousand rupees, but does not exceed one lakh
rupees, for every four thousand rupees or part thereof, in excess
of fifty thousand rupees
Eighty rupees
(viii) exceeds one lakh rupees, for every ten thousand rupees or
part thereof, in excess of one lakh rupees,
One hundred rupees
2.
(a) Application under Section 26 of the
Provincial Insolvency Act, 1920 , or under Section 95 of the
Code of civil Procedure, 1908.
Five rupees.
(b) Appeal against order on an application
falling under clause (a)
Five rupees
3
(a) Petition under section 53 or Section 54 of
the Provincial Insolvency Act, 1920
Five rupees
(b) Appeal against order on a petition falling
under clause (a) whether by the Official , Receiver or by the
unsuccessful party
Five rupees
4
Memorandum of appeal against order in
proceedings under the Indian Succession
An amount of Act, 1925 one-half the scale of fee
specified in article 1 on the amount or value of the subject-
matter
5.
Application for review of judgment
One-half of the fee payable on the plaint or
memorandum of appeal comprising the relief sought in the
application for review
6.
Probate of a will or
letters of administration with or without will annexed-
When the amount or
value of the estate in respect of which the grant of probate or
letters -
When such amount or
value exceeds five thousand rupees, but does not exceed fifty
thousand rupees,
When such amount or
value exceeds fifty thousand rupees, but does not exceed one lakh
rupees
When such amount or value exceeds one lakh
rupees
Two per centum is
made exceeds one thousand rupees, but does not exceed five
thousand rupees on such amount or value
Three per centum on
such amount or value
Four per centum on
such amount or Value
Five per centum on such amount or value
7.
Certificate under the Indian Succession Act,
1925- Where the amount or value of the debt or security or the
aggregate amount or value of the debts and securities specified
in the certificate-
(i) does not exceed five thousand rupees
Two per centum on such amount or value
(ii) exceeds five thousand rupees, but does not exceed
twenty-five thousand rupees
Three per centum on such amount or value
(iii) exceeds twenty-five thousand rupees, but does not exceed
fifty thousand rupees
Four per centum on such amount or value
(iv) exceeds fifty thousand rupees, but does not exceed one lakh
rupees
Five per centum on such amount or value
(v) exceeds one lakh rupees
Six per centum on such amount or value.
Schedule II
Article
Article
Particulars
Particulars
Proper fee
Proper fee
(1)
(1)
(2)
(2)
(3)
(3)
1.
(i) Petition in a suit under the Converts
Marriage Dissolution Act, 1866.
Ten rupees.
(ii) Petition, plaint or memorandum of appeal
when presented to a Court under the Dissolution of Muslim
Marriage Act, 1939.
Ten rupees.
(iii) Petition under the Indian Divorce Act,
excluding petitions under section 44 of that Act, and every
memorandum of appeal under section 55 of that Act, 1936
Thirty rupees.
(iv) Plaint or memorandum of appeal under the
Parsi Marriage and Divorce Act, 1936 or a counter-claim made
under section 37 of that Act.
Thirty rupees.
(v) Plaint or memorandum of appeal in a suit under
the Indian Colonial Divorce jurisdiction Act, 1926
Fifty rupees.
(vi) Petition or memorandum of appeal under
Special Marriage Act, 1954
Thirty rupees
(vii) Petition or memorandum of appeal under
Hindu Marriage Act, 1955
Ten rupees
2.
Undertaking under section 49 of the Indian
Divorce Act, 1869.
One rupees.
3.
Memorandum of appeal from an order inclusive of
an order determining any question under section 47 or 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
any Executive Officer other than the Board of Revenue of Chief executive Authority
Three rupees.
(ii) to the Board of Revenue or Chief Executive Authority
Five rupees.
(iii) to the High Court -
(A) from an order other than an order under the
Tamil Nadu Agriculturists' Relief Act, 1938 -
(1) Where the order was passed by a Subordinate
Court or other authority -
(a) if the order relates to a suit or
proceeding, the value of which exceeds one thousand rupees.
Ten rupees.
(b) in any other case.
Five rupees.
(2) Where the appeal is under clause 15 of the
Letters Patent-
(a) from an order passed in exercise of
appellate jurisdiction.
Ten rupees.
(b) in any other case
One hundred rupees.
(3) Where the appeal is under section 45-B of
the banking Companies Act, 1949.
One hundred rupees.
(B) From an order under the Tamil Nadu
Agriculturists' Relief Act, 1938.
Two rupees.
(iv) To the Government in pursuance of a
statutory' right to appeal for which no court fee is leviable
under any other enactment.
five rupees.
4.
Memorandum of appeal under section 39 of the
Arbitration Act, 1940, where the appeal is from an order of a superior
Court in a case where -
(a) the value for jurisdiction does not exceed Rs., 2000;
Fifteen rupees
(b) Such value exceed Rs., 2000, but does not exceed Rs. 5,000
Twenty-five rupees
(c) Such value exceed Rs., 5000, but does not exceed Rs. 20,000;
One hundred rupees
(d) Such value exceed Rs., 20,000,
Two hundred rupees
5.
Copy or translation of a judgement or order not
being a decree or having the force of a decree-
When such judgement or order is passed by any Court
other than the High Court or by the Presiding Officer of any Revenue Court
or Office or by any other court or judicial or executive authority.
One rupees.
When such judgement or order is passed by any the High Court.
Two rupees.
6.
Copy or translation of a judgement or order of a
Criminal Court.
One rupees.
7.
Copy of a degree or order having the force of a
decree-
When such decree or order is made by any
Court other than the High Court.
Five rupees.
(a) If the amount or value of the subject-matter of the
suit wherein such decree or order is made is fifty or less than fifty rupees;
One rupees.
(b) If the such amount or value of exceeds fifty rupees;
Two rupees.
When such decree or order is made by the
High Court.
Five rupees.
8.
Copy of any document liable to stamp duty under
the Indian Stamp Act, 1899, when sub-charge
The amount of situated by any party to a suit or proceeding in place of the ordinal withdrawn
(a) When the stamp duty chargeable on the original
does not exceed able on the original.
fifty naye paise
(b) In any other case.
One rupees
9.
Copy of any revenue or judicial proceeding or
order not otherwise provided for by this Act or copy of any
account, statement, report or the like taken out of any Court or
office of any public officer - For every document.
Five rupees.
10.
(a) Application or petition presented to any
officer of land revenue by any person holding temporarily settled
and under direct engagement with Government and when the subject
matter of the application or petition relates exclusively to such
engagement.
One rupees.
(b) Application or petition presented to any
officer of land revenue relating to the grant of darkhast.
One rupees.
(c) Application to a Collector for for lease of land for
agricultural or non-agricultural purposes.
One rupees.
(d) Application or petition presented to any
Executive Officer under any Act for the time being in force for
the conservancy or improvement of any place if the application or
petition relates solely to such conservancy or improvement.
One rupees.
(e) Application or petition presented to any
Board or Executive Officer for a copy or translation of any order
passed by such Board or Officer or of any other document on
record in such office.
One rupees.
(f) Application to a Forest Officer by a forest
contractor for extension of the period of lease -
One rupees
(i) if the value of the subject-matter of the
lease is Rs. 5,000 or less;
Five rupees.
(ii) if such value exceeds Rs. 5,000 for every
Rs. 1,000 or part thereof in excess of Rs. 5,000.
One rupees.
(g) Application for attestation of private
documents intended to be used outside India.
One rupees.
(h) Application for lapsed deposit presented
after six months after the date on which the amount lapsed to the
Government -
(i) when the amount or deposit does not exceed
Rs. 1,000.
One rupees.
(ii) when it exceeds Rs. 1000
Two rupees
(i) Application or petition presented to the
Government and not otherwise provided for -
(i) which involves the exercise or non-exercise
of power conferred by law or rule having the force of law.
Two rupees.
(ii) in other cases
One rupees.
(j) Application or petition presented to the
Board of Revenue or Chief Executive Authority
and not otherwise provided for.
(i) which involves the exercise or non-exercise of
power conferred by law or rule having the force of law;
Two rupees
(ii) in other case
One rupee
(k) Application or petition not falling under
clause (i) or (j) and presented to a public officer or in a
public office and not otherwise provided for.
One rupees.
11.
(a) Application or petition presented to any
Court for a copy or translation of any judgement, decree or any
proceeding of, or order passed by, such Court or of any other
document on record in such Court.
fifty paise
(b) Application or petition presented to any
Civil Court other than a Principal Civil Court of Original
jurisdiction or to any Court of Small Causes constituted under
the Provincial Small Cause Court Act, 1887 or to a Collector or
other Officer of Revenue in relation to any suit or case in which
the amount or value of the subject matter is less than Rs. 50
Twenty five naye paise.
(c) Application to any Court that records may be
called from another Court, when the Court grants the application
and is of opinion that the transmission of such addition to the records
involves the use of the post fee leviable on the applicable.
One rupees.
(d) Application for permission to deposit
revenue or rent either in the office of the collector or in the
Court.
One rupees.
(e) Application or petition presented to a Court
for determination of the amount of compensation to be paid by a
landlord to his tenant.
One rupees.
(f) A written complaint or charge of any offence other
than an offence for which a Police officer, may under Code of Criminal Court
and an oral compliant of any such offence reduced to writing under the Code
of Criminal Procedure, 1898.
Two rupees.
(g) Application or petition presented to any
Court, or to any Magistrate in his executive capacity and not
otherwise provided for in this Act.
One rupees.
(h) Application for arrest or attachment before
judgement or for temporary injunction -
(i) when presented to a Civil Court or Revenue
Court other than the High Court in relation to any suit or
proceeding -
(1) if the value of the subject-matter is less
than Rs. 50;
One rupees.
(2) if the value is Rs. 50 and above
Two rupees.
(ii) when presented to the High Court.
Five rupees.
(i) Application or petition under section 47 and
order 21, Rules 58 and 90 of the Code of Civil Procedure, 1908-
(i) when filed in a Revenue Court or a District Munsifs
Court;
One rupees.
(ii) when filed in a Subordinate Judges Court or a District Court;
Two rupees.
(iii) when filed in a High Court;
Five rupees.
(j) Application or petition under sections
34, 72, 73 and 74 of the Indian Trusts Act, 1882.
Five rupees.
(k) (i) Application for probate or letters of
administration to have effect throughout India.
Twenty Five rupees.
(ii) Application for probate or letters of
administration and falling under clause (i) -
(1) if the value of the estate does not exceed
Rs. 1,000
One rupees.
(2) if, the value exceeds Rs. 1,000 but does
not exceed Rs. 1,00,00.
Five rupees.
Provided that if a caveat is entered and the
application is registered as a suit, one-half the scale of fee
prescribed in Article 1 of Schedule I on the market value of the
estate loss the fee already paid on the application shall be
levied.
(1) Original petitions not otherwise
provided for
when filed in-
(i) a District Munsif's Court-
(1) under the Madras
Village Courts Act, 1888;
One rupee.
(2) in other cases.
Three rupees.
(ii) a Subordinate Judge's Court or
a District Court;
Five rupees.
(iii) the High Court
Twenty rupees.
(3) if such value exceeds Rs. 1,00,000.
Fifty rupees.
(1) Original petitions not otherwise provided
for when filed in -
(i) a District Munsif's Court
(1) under the Tamil Nadu Village Courts Act,
1888;
Five rupees.
(2) in other cases.
Ten rupees.
(ii) the City Civil Court, Chennai, a Sub-Court
or a District Court;
Twenty five rupees.
(iii) the High Court.
Fifty rupees.
(m) Application to set aside an
Award under section
34 of the Arbitration Act, 1940-
(i) when presented to a District Munsifs Court-
(1) if the value of the subject
matter of the award does
not exceed Rs. 2,000/-.
Ten rupees
(2) If Such value exceeds
Rs. 2000
Twenty rupees
(ii) when presented to a Subordinate Judges Court, a
District Court or the High Court -
(1) If such value does not exceeds
Rs. 10,000/-
One hundred rupees
(2) If such value exceeds
Rs. 10,000 but
does not exceed Rs. 25, 000
Two hundred rupees
(3) If such value exceeds
Rs. 25, 000
Three hundred rupees
(n) Application under section 14 or Section 20 of the
Arbitration Act, 1940, for a direction for filing an award or for an order
for filing an agreement and application for enforcing foreign awards-
(i) when presented to a District Munsifs Court;
Fifteen rupees
(ii) when presented to a Subordinate Judges Court, a District Munsifs Court;
Fifteen rupees
(1) If the Value of the subject matter of the
award does not exceed Rs. 5000;
Fifteen Rupees
(2) If Such value exceeds Rs. 5,000 but does not exceed Rs. 10,000;
One hundred rupee
(3) If such value exceed Rs. 10,000;
Two hundred and fifty rupees
(o) Petition to the High Court for the admission of
an Advocate, Attorney or Vakil.
Twenty rupees
(p) Application presented to the High Court under
section 24 of the Press (Objectionable Matter) Act, 1951
Fifty rupees.
(q) 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-
(i) if the value of the suit or proceeding to which
the order sought to be revised relates does not exceed Rs.1,000;
Five rupees
(ii) if such value exceeds Rs.1,000;
Ten rupees
(r) Petition under sections 153, 166 and 221 of the Indian
Companies Act, 1913, in connection with the binding up of a company.
Two hundred rupees.
(s) Petition to the High Court under Article 226 of the
Constitution for a writ other than the writ of Habeas Corpus or a petition
under Article 227 of the Constitution.
One Hundred rupees.
(t) Application under section 45 of the Specific
Relief Act, 1877
One hundred rupees.
(u) Application or petition presented
to the High Court
and not otherwise specifically provided for.
Two rupees.
(v) Election petition questioning the
election of
a person in respect of-
(i) the office of member of a Panchayat:
Twenty-five rupees.
(ii) the office of President of a Panchayat;
Fifty Rupees.
(iii) the office of a member of Municipal council
or a district board;
One hundred Rupees.
(iv) the office of Chairman of a Municipality or
president of a district board
Two hundred rupees.
Application under section 145 of the Code of
Criminal Procedure, 1973.
Five rupees.
12.
Application for leave to sue as an indigent
person
One rupees.
13.
Application for leave to appeal as a
pauper-
(i) when presented to a District Court or a Subordinaee Judge's Court
One rupees.
(ii) when presented to the High
Court
Two rupees.
14.
(i) Bail bond or other instrument of
obligation when
filed in village courts.
One rupee.
(ii) 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, 1898, or the Code of Civil Procedure,
1908, and not otherwise provided for in this Act.
One rupees.
15.
Every copy of power-of-attorney when
filed in any
suit or proceeding.
One rupees.
16.
Mukhtarnama, Vakalatnama or any paper signed by
an advocate signifying or intimating that he is retained for a party- When presented
(i) to any Court other than the High court or to any
Collector or Magistrate or other executive officer;
Two rupees.
(ii) to the Board of Revenue or a
Chief Executive Authority;
Three rupees.
(iii) to the High Court;
Five rupees.
(iv) to the Government.
Five rupees.
17.
Agreement in writing stating a question for the
opinion of the Court under the Code of Civil Procedure, 1908-
(i) when presented to a District
Munsif's Court.
Fifteen rupees.
(ii) in any other case.
One hundred rupees.
18.
Caveat. -
Schedule III
PART I
PART I
(See sections 52 and 53)
Form of Valuation (to be used with such modifications, if any, as may be necessary) of Estate.