18. Written examinations of complainants. When the first or only examination of a

person who complains of the offence of wrongful confinement, or of 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 2*** Code of Criminal

Procedure, the complainant shall pay a fee of eight annas, unless the Court thinks fit to

remit such payment.

 

19. Exemption of certain documents. Nothing contained in this Act shall render the

following documents chargeable with any fee:- (i) Power-of-attorney to institute or

defend a suit when executed 3*[by a member of any of the Armed Forces of the Union]

not in civil employment. 4* * * * * (iii) Written statements called for by the Court after

the first hearing of a suit. 5* * * * * (v) Plaints in suits tried by 6* Village Munsifs in the

Presidency of Fort St. George. (vi) Plaints and processes in suits before District

Panchayats in the same Presidency. (vii) Plaints in suits before Collectors under Madras

Regulation 12 of 1816. (viii) Probate of a will, letters of administration, 7*[and, save as

regards debts and securities, a certificate under Bombay Regulation 8 of 1827], where the

amount or value of the property in respect of which the probate or letters or certificate

shall be granted does not exceed one thousand rupees. ------------------------------------------

---------------------------- 1 See now the Code of Civil Procedure, 1908 (Act 5 of 1908). 2

This reference should now be read as referring to the Code of Criminal Procedure, 1898

(Act 5 of 1898)--see s. 3 of that Act. 3 Subs. by the A. O. 1950 for "by an officer,

warrant-officer, non- commissioned officer or private of Her Majesty's army". 4 Cl. (ii)

rep. by Act 12 of 1891. 5 Cl. (iv) rep. by Act 13 of 1889. 6 See the Madras Village

Courts Act, 1889 (Mad. 1 of 1889). 7 Subs. by Act 7 of 1889, s. 13 (2), for "and

certificate mentioned in the First Schedule to this Act annexed, No. 12". 25 (ix)

Application or petition to a Collector or other officer making a settlement of landrevenue,

or to a Board of Revenue, or a Commissioner of Revenue, relating to matters

connected with the assessment of land or the ascertainment of rights thereto or interests

therein, if presented previous to the final confirmation of such settlement. (x) Application

relating to a supply for irrigation of water belonging to Government. (xi) Application for

leave to extend cultivation, or to relinquish land, when presented to an officer of land revenue by a person holding, under direct engagement with Government, land of which

the revenue is settled, but not permanently. (xii) Application for service of notice of

relinquishment of land or of enhancement of rent. (xiii) Written authority to an agent to

distrain. (xiv) First application (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. (xv)

Bail-bonds in criminal cases, recognizances to prosecute or give evidence, and

recognizances for personal appearance or otherwise. (xvi) Petition, application, charge or

information respecting any offence when presented, made or laid to or before a policeofficer, or to or before the 1* Heads of Villages or the 2* Village Police in the territories respectively subject to the Governors in Council of Madras and Bombay. (xvii) Petition

by a prisoner, or other person in duress or under restraint of any Court or its officers.

(xviii) Complaint of a public servant (as defined in the Indian Penal Code (45 of 1860)), a

municipal officer, or an officer or servant of a Railway Company. ----------------------------

------------------------------------------ 1 See Madras Regulations 11 of 1816 and 4 of 1821,

s. 6. 2 See Bombay Village Police Act, 1867 (Bom. 8 of 1867), ss. 14, 15 and 16. 26 (xix)

Application for permission to cut timber in Government forests, or otherwise relating to

such forests. (xx) Application for the payment of money due by Government to the

applicant. (xxi) Petition of appeal against the chaukidari assessment under 1* Act No. 20

of 1856, or against any municipal tax. (xxii) Applications for compensation under any

law for the time being in force relating to the 2* acquisition of property for public

purposes. (xxiii) Petitions presented to the Special Commissioner appointed under 3*

Bengal Act No. 2 of 1869 (to ascertain, regulate and record certain tenures in Chota

Nagpur). (xxiv) 4*[Petitions under the Indian Christian Marriage Act, 1872, (15 of 1872.)

sections 45 and 48.]

 

5*[CHAPTER IIIA PROBATES, LETTERS OF ADMINISTRATION AND

CERTIFICATES OF ADMINISTRATION

 

19A. Relief where too high a court-fee has been paid. Where any person on applying for

the probate of a will or letters of administration has estimated the property of the

deceased to be of greater value than the same has afterwards proved to be, and has

consequently paid too high a court-fee thereon, if, within six months after the true value

of the property has been ascertained, such person produces the probate or letters to the

Chief Controlling Revenue- authority 6*[for the local area] in which the probate or letters

has or have been granted, and delivers to such Authority a particular inventory and

valuation of the property of the deceased, verified by affidavit or affirmation, --------------

-------------------------------------------------------- 1 The Bengal Chaukidari Act, 1856. 2 See

now the Land Acquisition Act, 1894 (1 of 1894). 3 The Chota Nagpur Tenures Act, 1869.

4 Subs. by Act 15 of 1872, s. 2, for the original cl. which read as follows:-"Petitions

under the 14th and 15th of Victoria, Ch. 40 (an Act for marriages in India), s. 5, or under

Act No. 5 of 1852, s. 9". 5 Chapter IIIA ins. by Act 13 of 1875, s. 6. 6 Subs. by Act 10 of

1901, s. 3 (1), for "of the Province". 27 and if such Authority is satisfied that a greater fee

was paid on the probate or letters than the law required, the said Authority may- (a)

cancel the stamp on the probate or letters if such stamp has not been already cancelled;

(b) substitute another stamp for denoting the court-fee which should have been paid

thereon; and (c) make an allowance for the difference between them as in the case of

spoiled stamps, or repay the same in money, at his discretion.

 

19B. Relief where debts due from a deceased person have been paid out of his estate.

Whenever it is proved to the satisfaction of such Authority that an executor or

administrator has paid debts due from the deceased to such an amount as, being deducted

out of the amount or value of the estate, reduces the same to a sum which, if it had been

the whole gross amount or value of the estate, would have occasioned a less court-fee to

be paid on the probate or letters of administration granted in respect of such estate than

has been actually paid thereon under this Act, such Authority may return the difference,

provided the same be claimed within three years after the date of such probate or letters.

But when, by reason of any legal proceeding, the debts due from the deceased have not

been ascertained and paid, or his effects have not been recovered and made available, and

in consequence thereof the executor or administrator is prevented from claiming the

return of such difference within the said term of three years, the said Authority may allow

such further time for making the claim as may appear to be reasonable under the

circumstances.

 

19C. Relief in case of several grants. Whenever 1*** a grant of probate or letters of

administration has been or is made in respect of the whole of the property belonging to an

estate, and the full fee chargeable under this Act has been or is paid thereon, no fee shall

be chargeable under the same Act when a like grant is made in respect of the whole or

any part of the same property belonging to the same estate. Whenever such a grant has

been or is made in respect of any property forming part of an estate, the amount of fees

then actually paid under this Act shall be deducted when a like grant is made in respect of

property belonging to the same estate, identical with or including the property to which

the former grant relates. ---------------------------------------------------------------------- 1 The

word "such" rep. by Act 12 of 1891. 28

 

19D. Probates declared valid as to trust property though not covered by court-fee. The

probate of the will or the letters of administration of the effects of any person deceased

heretofore or hereafter granted shall be deemed valid and available by his executors or

administrators for recovering, transferring or assigning any movable or immovable

property whereof or whereto the deceased was possessed or entitled, either wholly or

partially as a trustee, notwithstanding the amount or value of such property is not

included in the amount or value of the estate in respect of which a court-fee was paid on

such probate or letters of administration.

 

19E. Provision for case where too low a court-fee has been paid on probates, etc. Where

any person on applying for probate or letters of administration has estimated the estate of

the deceased to be of less value than the same has afterwards proved to be, and has in

consequence paid too low a court-fee thereon, the Chief Controlling Revenue-authority

1*[for the local area] in which the probate or letters has or have been granted may, on the

value of the estate of the deceased being verified by affidavit or affirmation, cause the

probate or letters of administration to be duly stamped on payment of the full court-fee

which ought to have been originally paid thereon in respect of such value and of the

further penalty, if the probate or letters is or are produced within one year from the date

of grant, of five times, or, if it or they is or are produced after one year from such date, of

twenty times, such proper court-fee, without any deduction of the court-fee originally

paid on such probate or letters: Provided that, if the application be made within six

months after the ascertainment of the true value of the estate and the discovery that too

low a court-fee was at first paid on the probate or letters, and if the said Authority is

satisfied that such fee was paid in consequence of a mistake or of its not being known at

the time that some particular part of the estate belonged to the deceased, and without any

intention of fraud or to delay the payment of the proper court-fee, the said Authority may

remit the said penalty, and cause the probate or letters to be duly stamped on payment

only of the sum wanting to make up the fee which should have been at first paid thereon.

 

19F. Administrator to give proper security before letters stamped under section 19E. In

case of letters of administration on which too low a court-fee has been paid at first, the

said Authority shall not cause the same to be duly stamped in manner aforesaid until the

administrator has given such security to the Court by which the letters of administration -

--------------------------------------------------------------------- 1 Subs. by Act 10 of 1901, s. 3

(1), for "of the Province". 29 have been granted as ought by law to have been given on

the granting thereof in case the full value of the estate of the deceased had been then

ascertained.

 

1* 19G. Executors, etc., not paying full court-fee on probates, etc., within six months

after discovery of under-payment. Where too low a court-fee has been paid on any

probate or letters of administration in consequence of any mistake, or of its not being

known at the time that some particular part of the estate belonged to the deceased, if any

executor or administrator acting under such probate or letters does not, within six months

2*** after the discovery of the mistake or of any effects not known at the time to have

belonged to the deceased, apply to the said Authority and pay what is wanting to make up

the court-fee which ought to have been paid at first on such probate or letters, he shall

forfeit the sum of one thousand rupees and also a further sum at the rate of ten rupees per

cent. on the amount of the sum wanting to make up the proper court- fee.

 

3*[19H. Notice of applications for probate or letters of administration to be given to

Revenue-authorities, and procedure thereon. (1) Where an application for probate or

letters of administration is made to any Court other than a High Court, the Court shall

cause notice of the application to be given to the Collector. (2) Where such an application

as aforesaid is made to a High Court, the High Court shall cause notice of the application

to be given to the Chief Controlling Revenue-authority 4*[for the local area in which the

High Court is situated]. (3) The Collector within the local limits of whose revenuejurisdiction the property of the deceased or any part thereof is, may at any time inspect or cause to be inspected, and take or cause to be taken copies of, the record of any case inwhich application for probate or letters of administration has been made; and if, on such inspection or otherwise, he is of opinion that the petitioner has under-estimated the value of the property of the deceased, the Collector may, if he thinks fit, require the attendance of the petitioner (either in person or by agent) and take evidence and inquire into the matter in such manner as he may think fit, and, if he is still of opinion that the value of

the property has been under- estimated, may require the petitioner to amend the

valuation. (4) If the petitioner does not amend the valuation to the satisfaction of the

Collector, the Collector may move the Court before which -------------------------------------

--------------------------------- 1 As to recovery of penalties or forfeitures under s. 19G, see

s. 19J, infra. 2 The words and figures "after the first day of April, 1875, or" rep. by Act

12 of 1891. 3 Ins. by Act 11 of 1899, s. 2. 4 Subs. by Act 10 of 1901, s. 3 (2), for "of the

Provinces". 30 the application for probate or letters of administration was made, to hold

an inquiry into the true value of the property: Provided that no such motion shall be made

after the expiration of six months from the date of the exhibition of the inventory required

by section 277 of the 1* Indian Succession Act, 1865, (10 of 1865.) or as the case may

be, by section 98 of the 1* Probate and Administration Act, 1881. (5 of 1881.) (5) The

Court, when so moved as aforesaid, shall hold, or cause to be held, an inquiry

accordingly, and shall record a finding as to the true value, as near as may be, at which

the property of the deceased should have been estimated. The Collector shall be deemed

to be a party to the inquiry. (6) For the purposes of any such inquiry, the Court or person

authorized by the Court to hold the inquiry may examine the petitioner for probate or

letters of administration on oath (whether in person or by commission), and may take

such further evidence as may be produced to prove the true value of the property. The

person authorized as aforesaid to hold the inquiry shall return to the Court the evidence

taken by him and report the result of the inquiry, and such report and the evidence so

taken shall be evidence in the proceeding, and the Court may record a finding in

accordance with the report, unless it is satisfied that it is erroneous. (7) The finding of the

Court recorded under sub-section (5) shall be final, but shall not bar the entertainment

and disposal by the Chief Controlling Revenue-authority of any application under section

19E. (8) The State Government may make rules for the guidance of Collectors in the

exercise of the powers conferred by sub-section (3).]

2*[19-I. Payment of court-fees in respect of probates and letters of administration. (1) No

order entitling the petitioner to the grant of probate or letters of administration shall be

made upon an application for such grant until the petitioner has filed in the Court a

valuation of the property in the form set forth in the Third Schedule, and the Court is

Satisfied that the fee mentioned in No. 11 of the first schedule has been paid on such

valuation. (2) The grant of probate or letters of administration shall not be delayed by

reason of any motion made by the Collector under section 19H, sub-section (4).] ----------

------------------------------------------------------------ 1 See now the Indian Succession Act,

1925 (39 of 1925). 2 Ins. by Act 11 of 1899, s. 2. 31

1*[19J. Recovery of penalties, etc. (1) Any excess fee found to be payable on any inquiry

held under section 19H, sub-section (6), and any penalty or forfeiture under section 19G,

may, on the certificate of the Chief Controlling Revenue-authority, be recovered from the

executor or administrator as if it were an arrear of land-revenue by any Collector 2***.

(2) The Chief Controlling Revenue-authority may remit the whole or any part of any such

penalty or forfeiture as aforesaid, or any part of any penalty under section 19E or of any

court-fee under section 19E in excess of the full court-fee which ought to have been

paid.]

1*[19K. Sections 6 and 28 not to apply to probates or letters of administration. Nothing

in section 6 or section 28 shall apply to probates or letters of administration.]]

CHAPTER IV PROCESS-FEES

20. Rules as to cost of processes. The High Court shall, as soon as may be, make rules as

to the following matters:-- (i) The fees chargeable for serving and executing processes

issued by such Court in its appellate jurisdiction, and by the other Civil and Revenue

Courts established within the local limits of such jurisdiction; (ii) the fees chargeable for

serving and executing processes issued by the Criminal Courts established within such

limits in the case of offences other than offences for which police-officers may arrest

without a warrant; and (iii) the remuneration of the peons and all other persons employed

by leave of a Court in the service or execution of processes. The High Court may from

time to time alter and add to the rules so made. Confirmation and publication of rules. All

such rules, alterations and additions shall, after being confirmed by the State Government

3***, be published in the Official Gazette, and shall thereupon have the force of law.

Until such rules shall be so made and published, the fees now leviable for serving and

executing processes shall continue to be levied, and shall be deemed to be fees leviable

under this Act. ---------------------------------------------------------------------- 1 Ins. by Act

11 of 1899, s. 2. 2 The words "in any part of British India" rep. by the A. O. 1948. 3 The

words "and sanctioned by the Governor General of India in Council" rep. by Act 38 of

1920, s. 2 and Sch. I. 32

 

21. Tables of process-fees. A table in the English and Vernacular languages, showing the

fees chargeable for such service and execution, shall be exposed to view in a conspicuous

part of each Court.