CHAPTER XXII

Court fees

The following provisions of the Bombay Court Fees Act, 1959 (Bombay Act No.XXXVI of 1959) are reproduced below for the immediate reference and guidance of the Courts:­

Rate of Fee in force on date of presentation of Document to be Applicable

1. All fees shall be charged and collected under the Act at the rate in force on the date on which the document chargeable to Court fee is or was presented. (Section 36).

Collection of fees by Stamps

2. All fees referred to in section 3 or chargeable under the Act shall be collected by stamps (Section 37).

Collection of Stamp

3. No document requiring a stamp under the Act shall be filed or acted upon in any proceeding in any Court or Office until the stamp has been cancelled.

Such Officer as the Court or the Head of Office may from time to time appoint shall, on receiving any such document, forthwith effect such cancellation by punching out the figure­head so as to leave the amount designated on the stamp untouched, and the part removed by punching shall be burnt or otherwise destroyed. (Section 42).

Admission of Criminal Cases of Document for which proper Fee has not been paid.

4. Whenever the filing or exhibition in a criminal Court of a document in respect of which the proper fee has not been paid is, in the opinion of the Presiding Judge, necessary to prevent a failure of justice, nothing contained in section 5 of the Act, shall be deemed to prohibit such filing or exhibition.(Section 44).

Documents chargeable with Court­fees 5. The following documents are chargeable with Court fees prescribed under the Act as shown against them (Schedule II, Articles 1 to 4, 7, 9, 10, 12, 27 and 37):­

Number Proper Fee 1 2 3

1 Application or ..When presented to any Civil Criminal ..Twenty paise petition. or Revenue Court, or to any Board or Executive Officer for the purpose of obtaining a Copy of translation of any judgment, decree or order passed by such Court, Board or officer, or of any other document on record in such Court or office

2 Application or ..When containing a complaint or ..Sixty­five paise. petition. charge of any offence and presented to any criminal Court; or When presented to a Civil,Criminal or Revenue Court, or to a Collector or any Revenue Officer or a Public Officer having jurisdiction equal or subordinate to a Collector, or to any Magistrate in his executive capacity and not otherwise provided for by the Act.

3 Application or ..When presented to any competent ..One Rupee. petition. authority for the purpose of obtaining a certificate of domicile. 4 First Application .. ..Fifty paise. ( other than a petition containing a criminal charge or information) for the summons of a witness or other person to attend either to give evidence or to produce a document, or in respect of the production or filing of an exhibit not being an affidavit, made for the immediate purpose of being produced in Court.

5 Plaint or ...... One rupee. memorandum of appeal in a suit to obtain possession under the Mamlatdars' Courts Act, 1906. 6 Bail bond or other ...... One Rupee and instrument of twenty five paise. obligation given in pursuance of an order made by a Court or Magistrate under the Code of criminal Procedure, 1973, or under the Code of Civil Procedure,1908.

7 All other Bail bonds .. ..Twenty five paise given under the Code of Criminal Procedure ,1973 and re­cognizance to for personal appearance or otherwise.

8 Mukhtarnama or ..When presented for the conduct of one ..Two rupees. Vakalatnama case to any civil or Criminal Court other than the high Court, or to any revenue Court, or to any collector or Magistrate, or other Executive Officer. 9 Copy of any revenue .. For every three hundred and sixty ..Sixty five paise. or judicial proceeding words or fraction of three hundred and or order not sixty words. otherwise provided for by this Act, or Copy of any amount, statement, report or like, taken out of any civil or Criminal or Revenue Court or office,or from the office of any Chief Officer charged with the Executive Administration of a division.

1 Application made by ...... One Rupee. 0 a party to the Magistrate under section 145 of the Code of Criminal Procedure

Written Examination of Complainants

6. When the first or only examination of a person who complains of the offence of wrongful confinement, or wrongful restraint, or of any offence other than an offence for which Police Officers may arrest without a warrant, and who has not already presented a petition on which a fee has been levied under this Act, is reduced to writing under the provisions of the Code of Criminal Procedure,1973, the complainant shall pay a fee of one rupee unless the Court thinks fit to remit such payment. (Section 19).

Exemption of certain Documents

7. Nothing contained in the Act shall render the following documents chargeable with any fee:­

(i) Application for certified copies of documents or for any other purpose in the course of a criminal proceeding presented by or on behalf of the State Government to Criminal court.

( ii ) Petition, application, charge or information respecting any offence when presented, made or laid to or before a Police Officer,or to or before the heads of Villages or the Village Police.

(iii) Petition by prisoner, or other person in duress or under restraint of any Court or its Officers.

( iv) Complaint of a public servant (as defined in the Indian Penal Code), a Municipal Officer, or an officer, or servant of a Railway

(v) Application for the payment of money due by Government to the applicant.

(vi) Petition or appeal against any Municipal tax ( Section 20).

(vii) Bond executed by prisoners or other persons in duress or under restraint of any Court or its Officer for their release in accordance with the orders of the court.

Remittance of Court­fees payable by Scheduled Tribes

8. ( 1) The Government of Maharashtra in the Law and Judiciary Department by its Notifications No.CFA/1759/90069­H, dated the 11th February 1963 and 4th September 1963, as amended from time to time and as lastly amended by its Notification in the Revenue and Forests Department, no.CTF/1377/165828/M­I, dated the 31st May 1977 and Government Notification, Law and Judiciary Department No.CFA­1178/249­(58)­X, dated the28th September, 1979,has remitted the fees payable by members of the Scheduled Tribes specified in Part­IX of the Schedule annexed to the Constitution (Scheduled Tribes) Order, 1950 (reproduced as sub­paragraph (3) of Paragraph 8) in respect of documents of any of the kinds specified in the First or Second Schedule to the Court­fees Act, to be filed, executed or recorded in any Civil or Criminal Court.

(2) The exemption granted by the Notification referred to in sub­paragraph(1) above, will remain in force up to and inclusive of the 31st day of March,1984. SCHEDULE

PART IX­ MAHARASHTRA

1. Andh. 2. Baiga. 3. Barda. 4. Bavacha, Bamcha. 5. Bhaina. 6. Bharia Bhumia, BhuinharBhumia, Pande. 7. Bhattra. 8. Bhail, Bhil Garasia, Dholi Bhil, Dungri Bhil Dungri Garasia, Mewasi Bhil, Rawal Bhil, Tadvi Bhil, Bhagalia, Bhilala, Pawra,Vasava, Vasave. 9. Bhunjia. 10. Bhinjhwar. 11. Birhul, Birher. 12. Chodhara ( excluding Akola, Amravati, Bhandara,Buldana, Chandrapur, Nagpur, Wardha, Yavatmal, Aurangabad, Beed, Nanded,Osmanabad and Parbhani Districts). 13. Dhanka, Tadvi, Tetaria, Valvi. 14. Dhanwar. 15. Dhondia. 16. Dulba, Talavia, Halpati. 17. Gamit,Gamta,Gavit, Mavchi, Padvi. 18. Gond Rajgond, Arakh, Arrakh, Agaria, Asur, Badi Maria, Bada Maria, Bhatola Bhimma, Bhuta, Koilabhuta,Koilabhuti, Bhar, Disonhorn Maria, ChotaMaria,DandamiMaria, Dhuru, Dhurwa,Dhoba,Dhulia, Dorla, Gaiki, Gatta, Gatti, Gaita, Gond Gowari, Hill Maria, Kandra, Kalanga, Khatola, Koitar, Koya, Khirwar, Khirwar, Khirwara, KuchaMaria, KuchakiMaria, Madi,Maria, Mana,Mannewar, Moghya,Mogia, Monghya, Mudia, Muria, Nagarchi, Naikpod, Nagwanshi,Ojha,Raj,Sonjhari Jhareka, Thatia, Thotya, Wade Maria, Vade Maria. 19. Halba,Halbi. 20. Kamar. 21. Kathodi, Katkari Dhor, Kathodi, DhorKathkari, Son Kathodi, Son Katkari. 22. Kawar, Kanwar, Kaur, Cherwa, Rathia,Tanwar, Chattri. 23. Khairwar. 24. Kharia. 25. Kokna, Kokni Kukna. 26. Kol. 27. Kolam, Mannervarlu. 28. Koli, Dhor, Tokre­Koli, Kolcha, Kolgha. 29. Koli Mahadev, Dongar Koli. 30. Koli Malhar. 31. Kondh,Kond, Kandh. 32. Korku, Bopchi, Mouasi, Nihal, Nahul,Dondhi,Bondeya. 33. Koya, lBhine Koya, Rajkoya. 34. Nagesia, Nagasia. 35. Naikda, Nayaka,Cholivala, Nayaka, Kapadia Nayaka, MotaNayaka, Nana Nayaka. 36. Oraon, Dhangad. 37. Pardhan, Pathari,Saroti. 38. Pardhi, Advichincher, Phans Pardhi, Phanse Pardhi, Langoli Pardhi, Bahelia, Bahellia, chita Pardhi, Shikari, Tankankar, Takia. 39. Parja. 40. Patelia. 41. Pomla. 42. Rathawa. 43. Sawar, Sawara. 44 Thakur, Thakar, Ka Thakur,Ka Thakar,Ma Thakur, Ma Thakar. 45 Thoti ( in Aurangabad, Beed, Nanded, Osmanabad and Parbhani Districts and Rajura Tahsil of Chandrapur District.) 46. Varli. 47. Vitelia, Kotwalia, Barodia.