22. Number of peons in district and subordinate Courts. Subject to rules to be made by

the High Court and approved by the State Government 1***, every District Judge and

every Magistrate of a district shall fix, and may from time to time alter, the number of

peons necessary to be employed for the service and execution of processes issued out of

his Court and each of the Courts subordinate thereto, Number of peons in Mufassal Small

Cause Courts. and for the purposes of this section, every Court of Small Causes

established under Act No. 11 of 1865 (to consolidate and amend the law relating to

Courts of Small Causes beyond the local limits of the ordinary original civil jurisdiction

of the High Courts of Judicature) 2* shall be deemed to be subordinate to the Court of the

District Judge.

 

23. Number of peons in Revenue Courts. Subject to rules to be framed by the Chief

Controlling Revenue-authority and approved by the State Government 1*, every officer

performing the functions of a Collector of a district shall fix, and may from time to time

alter, the number of peons necessary to be employed for the service and execution of

processes issued out of his Court or the Courts subordinate to him.

 

24. [Process served under this Chapter to be held to be process within meaning of Code

of Civil Procedure.] Rep. by the Repealing and Amending Act, 1891 (12 of 1891).

CHAPTER V OF THE MODE OF LEVYING FEES

 

25. Collection of fees by stamps. All fees referred to in section 3 or chargeable under this

Act shall be collected by stamps.

 

26. Stamps to be impressed or adhesive. The stamps used to denote any fees chargeable

under this Act shall be impressed or adhesive, or partly impressed and partly adhesive, as

the 3*[appropriate Government] may, by notification in the Official Gazette, from time to

time direct. 4* ---------------------------------------------------------------------- 1 The words

"and the Governor General of India in Council" rep. by Act 38 of 1920, s. 2 and Sch. I. 2

The reference to Act 11 of 1865 should now be read as referring to the Provincial Small

Cause Courts Act, 1887 (9 of 1887): see s. 2 (3) of that Act. 3 Subs. by the A. O. 1937 for

"L. G." 4 For rules as to levy of court-fees by adhesive and impressed stamps, see

Gazette of India, 1883, Pt. I. p. 189. 33

 

27. Rules for supply, number, renewal and keeping accounts of stamps. The

1*[appropriate Government] may, from time to time, make rules for regulating- (a) the

supply of stamps to be used under this Act; (b) the number of stamps to be used for

denoting any fee chargeable under this Act; (c) the renewal of damaged or spoiled

stamps; and (d) the keeping accounts of all stamps used under this Act: Provided that, in

the case of stamps used under section 3 in a High Court, such rules shall be made with

the concurrence of the Chief Justice of such Court. All such rules shall be published in

the Official Gazette, and shall thereupon have the force of law.

 

28. Stamping documents inadvertently received. No document which ought to bear a

stamp under this Act shall be of any validity, unless and until it is properly stamped. But,

if any such document is through mistake or inadvertence received, filed or used in any

Court or office without being properly stamped, the presiding Judge or the head of the

office, as the case may be, or, in the case of a High Court, any Judge of such Court, may,

if he thinks fit, order that such document be stamped as he may direct; and, on such

document being stamped accordingly, the same and every proceeding relative thereto

shall be as valid as if it had been properly stamped in the first instance.

 

29. Amended document. Where any such document is amended in order merely to correct

a mistake and to make it conform to the original intention of the parties, it shall not be

necessary to impose a fresh stamp.

 

30. Cancellation of stamp. No document requiring a stamp under this 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 the office may from time to time appoint shall, on

receiving any such document, forthwith effect such cancellation by punching out the

figure-head so as to leave the amount designated on the stamp untouched, and the part

removed by punching shall be burnt or otherwise destroyed. -----------------------------------

----------------------------------- 1 Subs. by the A. O. 1937 for "L. G." 34

CHAPTER VI MISCELLANEOUS

31. [Repayment of fees paid on applications to Criminal Courts.] Rep. by the Code of

Criminal Procedure (Amendment) Act, 1923 (18 of 1923), s. 163.

32. [Amendment of Act 8 of 1859 and Act 9 of 1869.] Rep. by the Repealing and

Amending Act, 1891 (12 of 1891).

33. Admission in criminal cases of documents for which proper fee has not been paid.

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 4 or section 6 shall be deemed to

prohibit such filing or exhibition.

 

1*[34. Sale of stamps. (1) The 2*[appropriate Government] may from time to time make

rules for regulating the sale of stamps to be used under this Act, the persons by whom

alone such sale is to be conducted, and the duties and remuneration of such persons. (2)

All such rules shall be published in the Official Gazette, and shall thereupon have the

force of law. (3) Any person appointed to sell stamps who disobeys any rule made under

this section, and any person not so appointed who sells or offers for sale any stamp, shall

be punished with imprisonment for a term which may extend to six months, or with fine

which may extend to five hundred rupees, or with both.]

 

35. Power to reduce or remit fees. The 2*[appropriate Government] may, from time to

time by notification in the Official Gazette, reduce or remit, in the whole or in any part of

3*[the territories under its administration], all or any of the fees mentioned in the first and

second schedules to this Act annexed, and may in like manner cancel or vary such order.

 

36. Saving of fees to certain officers of High Courts. Nothing in Chapters II and V of this

Act applies to the commission payable to the Accountant General of the High Court at

Fort William, or to the fees which any officer of a High Court is allowed to receive in

addition to a fixed salary. ---------------------------------------------------------------------- 1

Subs. by Act 12 of 1891 for the original section. 2 Subs. by the A. O. 1937 for "L. G." 3

Subs. by Act 38 of 1920, s. 2 and Sch. I, for "British India". 35

 

SCHEDULE I AD VALOREM FEES -------------------------------------------------------------

--------- Number - Proper Fee ----------------------------------------------------------------------

When the amount or value of Six annas. the subject-matter in dispute does not exceed

five rupees. When such amount or value Six annas. exceeds five rupees, for every five

rupees, or part thereof, in excess of five rupees, up to one hundred rupees. When such

amount or value Twelve annas. exceeds one hundred rupees, for every ten rupees, or part

thereof, in excess of one hundred rupees, up to one thousand rupees. When such amount

or value Five rupees. exceeds one thousand rupees, 1. 1*Plaint 2*[wr- for every one

hundred rupees, itten statement or part thereof, in excess pleading a set-off of one

thousand rupees, up or counter-claim] to five thousand rupees. or memorandum of apeal

(not other- wise provided for in this Act) 2*[or of cross-objection] presented to any Civil

or Revenue When such amount or value Ten rupees. Court except exceeds five thousand

rupees, those mentioned in for every two hundred and section 3. fifty rupees, or part

thereof, in excess of five thousand rupees, up to ten thousand rupees. When such amount

or value Fifteen rupees. exceeds ten thousand rupees, for every five hundred rupees, or

part thereof, in excess of ten thousand rupees, up to twenty thousand rupees. When such

amount or value Twenty rupees. exceeds twenty thousand rupees, for every one thousand

rupees, or part thereof, in excess of twenty thousand rupees, up to thirty thousand rupees.

---------------------------------------------------------------------- 1 To ascertain the proper fee

leviable on the institution of a suit, see the table annexed to this Schedule. 2 Ins. by Act 5

of 1908, s. 155 and Sch. IV. 36 ---------------------------------------------------------------------

- Number - Proper Fee ---------------------------------------------------------------------- When

such amount or value Twenty rupees. exceeds thirty thousand rupees, for every two

thousand rupees, or part thereof, in excess of thirty thousand rupees, up to fifty thousand

rupees. When such amount or value Twenty-five 1. Plaint, etc.- exceeds. fifty thousand

rupees. concld. rupees, for every five thousand rupees, or part thereof, in excess of fifty

thousand rupees. Provided that the maximum fee leviable on a plaint or memorandum of

appeal shall be three thousand rupees. 2. Plaint 1*** in a A fee of one- suit for possession

half the amount under 2*[the Speci- .... prescribed in fic Relief Act, the foregoing 1877,

section 9]. scale. 3. [Repealed by the Indian Regi- stration Act, 1871] (8 of [1871)]. 4.

Application for .... The fee leviable review of judgment,3* on the plaint or if presented on

memorandum of or after the nine- appeal. tieth day from the date of the decree. 5.

Application for .... One-half of the review of judgment,3* fee leviable on if presented the

plaint or before the nine- memorandum tieth day from the of appeal. date of the decree.

When such judgment or order is passed by any Civil Court other than a High Court, or by

the presiding officer of any Revenue Court or Office, or by 6. Copy or trans- any other

Judicial or lation of a judg- Executive Authority- ment or order not being, or having the

force of, a decree. (a) If the amount or value of Four annas. the subject-matter is fifty or

less than fifty rupees. ---------------------------------------------------------------------- 1 The

words "or memorandum of appeal" rep. by Act 20 of 1870. 2 Subs. by Act 12 of 1891,

for "Act No. 14 of 1859 (to provide for the limitation of suits)". 3 As to application for

review of judgment, see the Code of Civil Procedure, 1908 (Act 5 of 1908). 37 ------------

---------------------------------------------------------- Number - Proper Fee -----------------------

----------------------------------------------- (b) If such amount or value Eight annas. exceeds

fifty rupees. 6. Copy, etc.- concld. When such judgment or order One rupee. is passed by

a High Court. When such decree or order is made by any Civil Court other than a High

Court, or by any Revenue Court- (a) If the amount or value of Eight annas. the subjectmatter

of the 7. Copy of a decree suit wherein such decree or or order having the order is

made is fifty or force of a decree. less than fifty rupees. (b) If such amount or value One

rupee. exceeds fifty rupees. When such decree or order is Four rupees. made by a High

Court. 8. Copy of any (a) When the stamp-duty char- The amount of document liable

geable on the original does the duty char- to stamp-duty under not exceed eight annas.

geable on the the Indian Stamp original. Act, 1879 (1 of 1879), 1* when left by any party

(b) In any other case Eight annas. to a suit or proce- eding in place of the original withdrawn.

9. Copy of any For every three hundred Eight annas. revenue or jud- and sixty

words or faction icial proceeding of three hundred and or order not oth- sixty words.

erwise provided for by this Act, or copy of any ac- count, statement, report or the 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 admini- stration of a Division. 10. [Rep. by the

..... ..... Guardians and Wards Act, 1890 (8 of 1890).] 2*[11. Probate 3*[When the

amount or value Two per centum of a will or letters of the property in resp- on such

amount of administration ect of which the grant or value. with or without of probate or

letters is will annexed. made exceeds one thousand rupees, but does not exceed ten

thousand rupees. ---------------------------------------------------------------------- 1 See now

the Indian Stamp Act, 1899 (2 of 1899). 2 Subs. by Act 7 of 1889, s. 13 (1), for the

original article 11. 3 These items were subs. by Act 7 of 1910, s. 2 (i). 38 -------------------

-------------------------------------------------- Number - Proper Fee -------------------------------

-------------------------------------- When such amount or value Two and one-half exceeds

ten thousand per centum on rupees, but does not exceed such amount or fifty thousand

rupees. value. When such amount or value Three per centum exceeds fifty thousand on

such amount rupees. or value.]] Provided that when, after the grant of a certificate under

the Succession Cert- ificate Act, 1889 (7 of 1889), or under the Regu- lation of the

Bombay Code, No. 8 of 1827, in respect of any property included 11. Probate, etc.- in an

estate, a grant of concld. probate or letters of adm- inistration is made in respect of the

same estate, the fee payable in respect of the latter grant shall be reduced by the amount

of the fee paid in respect of the former grant. 1*[12. Certificate In any case . . . Two per

centum under the Succes- on the amount sion Certificate or value of any Act, 1889 (7 of

debt or security 1889). specified in the certificate under section 8 of the Act, and three per

centum on the amount or or value of any debt or securi- ty to which the certificate is

extended under section 10 of the Act. NOTE.-(1) The amount of a de- bt is its amo- unt,

including interest, on the day on whi- ch the inclusion of the debt in the certificate is

applied for, so far as such am- ount can be ascertained. (2) Whether or not any power

with respect to a security spe- cified in a ce- rtificate has been conferred under the Act,

and, where such a power has be- en so conferre- d, whether the power is for the receiving

of interest or dividends on, or for the negotiation or transfer, of the security, or for both

pur- poses, the va- lue of the security is its market-value on the day on whi- ch the inclusion

of the security in the cert- ificate is app- lied for, so far as such val- ue can be

ascertained.] ---------------------------------------------------------------------- 1 Subs. by Act 7

of 1889, s. 13 (1), for original article 12. 39 -------------------------------------------------------

------------- Number - Proper Fee --------------------------------------------------------------------

1*[12A. Certific- 2*[(1) As reguards bebt and The same fee ate under the Regulsecurities.

as would be ation of the Bombay payable in res- Code, No. 8 of 1827. pect of a

certi- ficate under the Succession Certificate Act, 1889 (7 of 1889), or in respect of an

extension of such a cert- ificate, as the case may be. (2) As regards other property in

respect of which the certificate is granted- When the amount or value Two per centum of

such property exceeds on such amount one thousand rupees, but or value. does not

exceed ten thousand rupees. When such amount or value Two and one-half exceeds ten

thousand per centum on rupees, but does not such amount or exceed fifty thousand value.

rupees. When such amount or value Three per centum exceeds fifty thousand on such

amount rupees. or value.]] 3*13. Application When the amount or value of Two rupees.

to the 4*[High the subject-matter in dispute Court of Punjab] for does not exceed twentyfive

the exercise of rupees. its jurisdiction under section 44 When such amount or value

The fee leviable of the Punjab exceeds twenty-five rupees. on a memorandum Courts

Act, 1918 of appeal. (Punjab (6 of 1918) or to the Court of the Financial Commissioner

of Punjab for the exercise of its revisional juris- diction under section 84 of the Punjab

Tenancy Act, 1887 (16 of 1887). 14. [Rep. by the A. O. 1937.] 15. [Rep. by the

Repealing and Amending Act, 1923 (11 of 1923), s. 3 and Sch. 11.] --------------------------

-------------------------------------------- 1 Subs. by Act 7 of 1889, s. 13 (1), for original

article 12A. 2 These items were subs. by Act 7 of 1910, s. 2 (ii). 3 Originally ins. by the

Punjab Courts Act, 1884 (18 of 1884), s. 71, as amended by the Punjab Courts Act, 1899

(25 of 1899), s. 6. Article 13 was rep. in the Punjab by s. 5 of the Punjab Courts

(Amendment) Act, 1912 (Punjab 1 of 1912); but it has since been revived in this form by

the Court-fees (Punjab Amendment) Act, 1922 (Punjab 7 of 1922). 4 Subs. by the A. O.

1948, for "High Court of Judicature at Lahore". 40