(Act VII of
1870)
CHAPTER I
PRELIMINARY
1. Short title – Extent of Act – Commencement of Act.– This Act may be called the Court-fees Act,
1870.
And it shall come into
force on the first day of April, 1870.
[3][3][1-A. Definition of “Appropriate
Government”.– In this Act
“the Appropriate Government” means, in relation to fees or stamps relating to
documents presented or to be presented before any officer serving under the [4][4][Federal Government], that Government, and in
relation to any other fees or stamps, the Provincial Government].
2. [“Chief
Controlling Revenue-authority” defined] Repealed
by A.O., 1937.
CHAPTER II
3. Levy of fees in High Courts on their original sides.– The fees payable for the time being to the
clerks and officers (other than the sheriffs and attorneys) of the [6][6][High Courts];
or chargeable in each
of such Courts under No. 11 of the first, and Nos. 7, 12, 14, [7][7][* * *], 20 and 21 of the second schedule to
this Act annexed;
shall be collected in manner hereinafter appearing.
4. Fees on documents filed, etc., in High
Courts in their extraordinary jurisdiction – in their appellate jurisdiction –
as Courts of reference and revision.– No document of any of the kinds specified in the
first or second schedule to this Act annexed, as chargeable with fees, shall be
filed, exhibited or recorded in, or shall be received or furnished by, any of
the [9][9][* * *] High Courts in any case coming before such Court
in the exercise of its extraordinary original civil jurisdiction;
or in the exercise of
its extraordinary original criminal jurisdiction;
or in
the exercise of its jurisdiction as regards appeals from the [10][10][judgments (other than judgments passed in
the exercise of the ordinary original Civil Jurisdiction of the Court) of [11][11][two]] or more Judges of the said Court, or
of a division Court;
or in
the exercise of its jurisdiction as regards appeals from the Courts subject to
its superintendence;
or in the exercise of
its jurisdiction as a Court of reference or revision;
unless in respect of
such document there be paid a fee on an amount not less than that indicated by
either of the said schedules as the proper fee for such document.
5. Procedure in case of difference as to
necessity or amount of fee.– When any difference arises between the officer whose
duty it is to see that any fee is paid under this Chapter and any suitor or
attorney, as to the necessity of paying a fee or the amount thereof, the
question shall, when the difference arises in any of the [12][12][* * *] High Courts, be referred to the
taxing-officer, whose decision thereon shall be final, except when the question
is, in his opinion, one of general importance, in which case he shall refer it
to the final decision of the Chief Justice of such High Court, or of such Judge
of the High Court as the Chief Justice shall appoint either generally or
specially in this behalf.
The Chief Justice
shall declare who shall be taxing-officer within the meaning of the first
paragraph of this section.
CHAPTER III
FEES IN OTHER COURTS AND IN
PUBLIC OFFICES
6. Fees on documents filed, etc., in
Mufassal Courts or in public offices.– Except in the Courts herein before mentioned, no document of any of
the kinds specified as chargeable in the first or second schedule to this Act
annexed shall be filed, exhibited or recorded in any Court of Justice, or shall
be received or furnished by any public officer, unless in respect of such
document there be paid a fee of an amount not less than that indicated by
either of the said schedules as the proper fee for such document.
7. Computation of fees payable in certain
suits.– The amount of fee
payable under this Act in the suits next hereinafter mentioned shall be
computed as follows:-
(i) For
money.– In suits for money (including suits for damages or compensation, or
arrears of maintenance of annuities, or of other sums payable periodically)–
according to the amount claimed;
(ii) For maintenance and annuities.– In
suits for maintenance and annuities or other sums payable
periodically–according to the value of the subject-matter of the suit, and such
value shall be deemed to be ten times the amount claimed to be payable for one
year;
(iii) For movable property having a
market-value.– In suits for movable property other than money, where the
subject-matter has a market-value– according to such value at the date of
presenting the plaint;
(iv) In
suits –
(a) For movable property of no
market-value.– for movable property where the subject-matter has no
market-value, as, for instance, in the case of documents relating to title,
(b) To enforce a right to share
in joint family property.– to enforce the right to share in any property on
the ground that it is joint family property,
(c) For a declaratory decree and
consequential relief.– to obtain a declaratory decree or order, where
consequential relief is prayed,
(d) For an injunction.– to
obtain an injunction,
(e) For easements.– for a
right to some benefit (not herein otherwise provided for) to arise out of land,
and
(f) For accounts.– for
accounts–
according to the amount at which the
relief sought is valued in the plaint or memorandum of appeal:
In all such suits the
plaintiff shall state the amount at which he values the relief sought [14][14][:]
[16][16][(iv-A) For a declaratory decree regarding immovable
property on the basis of alleged sale, etc.– In suits for a declaratory
decree with or without consequential relief as to right in or title to
immovable property based on alleged sale, gift, exchange or mortgage– according
to the value of the property],
[17][17][(v) For possession of lands, houses and
gardens.– In suits for the possession of land, houses and gardens–
according to the value of the
subject-matter; and such value shall be deemed to be–
(a) where the subject-matter is land and where net profits have arisen
from such land during the year next before the date of presenting the plaint–
fifteen times such net
profits;
(b) where the subject-matter is land and where no such profits have
arisen therefrom–
market value of such land;
(c) Where the subject-matter is a house or garden- according to the
market value of the house or garden].
In suits to enforce a right of
pre-emption–
(a) Where the subject-matter is land, according to the value of the
land in respect of which the right is claimed calculated by multiplying the
produce index units of such land with the money value of a produce index as
notified by the Government; and
(b) Where the subject-matter is a house or a garden, according to the
value computed in accordance with clause (v) of this section.
Explanation.– “Produce index unit” means the measure
notified by the Government in terms of which the productivity of an acre of
land of a particular kind in a particular assessment circle or area is
computed;].
(vii) For interest of assignee of land revenue.–
In suits for the interest of an assignee of land revenue– fifteen times his net
profit as such for the year next before the date of presenting the plaint:
(viii) To set aside an attachment.– In suits
to set aside an attachment of land or of an interest in land or revenue–
according to the amount for which the land or interest was attached:
Provided that where such
amount exceeds the value of the land or interest, the amount of fee shall be
computed as if the suit were for the possession of such land or interest.
(ix) To redeem.– In suits against a
mortgagee for the recovery of the property mortgaged,
To foreclose.– and in suits by a mortgagee to foreclose the
mortgage,
or, where the mortgage is made by
conditional sale, to have the sale declared absolute–
according to the principal money
expressed to be secured by the instrument of mortgage.
(x) For specific performance.– In suits for
specific performance–
(a) of a contract of sale– according to the amount of the
consideration;
(b) of contract of mortgage– according to the amount agreed to be
secured;
(c) of a contract of lease– according to the aggregate amount of the
fine or premium (if any) and of the rent agreed to be paid during the first
year of the term;
(d) of an award– according to the amount or value of the property in
dispute;
(xi) Between landlord and tenant.– In the
following suits between landlord and tenant:-
(a) for the delivery by a tenant of the counterpart of a lease,
(b) to enhance the rent of a tenant having a right
of occupancy,
(c) for the delivery by a landlord of a lease,
[19][19][(cc) for
the recovery of immovable property from a tenant, including a tenant holding
over after the determination of a tenancy,]
(d) to contest a notice of ejectment,
(e) to recover the occupancy of [20][20][immovable property] from which a tenant has
been illegally ejected by the landlord, and
(f) for abatement of rent–
according to the amount of the rent of
the [21][21][immovable property] to which the suit refers
payable for the year next before the date of presenting the plaint.
[22][22][(xii) In
suits not expressly provided for in this section, according to the value
claimed, but such value shall not be less than a value which would attract a
Court-fee of less than fifteen rupees].
8. Fee on memorandum of appeal against
order relating to compensation.– The amount of fee payable under this Act on a
memorandum of appeal against an order relating to compensation under any Act
for the time being in force for the [23][23]acquisition of land for public purposes shall be
computed according to the difference between the amount awarded and the amount
claimed by the appellant.
9. Power
to ascertain net profits or market-value.– If the Court sees reason to think that the annual net profits or the
market-value of any such land, house or garden as is mentioned in section 7,
paragraphs (v) and (vi), have or has been wrongly estimated, the Court may, for
the purpose of computing the fee payable in any suit therein mentioned, issue a
commission to any proper person directing him to make such local or other
investigation as may be necessary, and to report thereon to the Court.
10. Procedure where net profits or market-value
wrongly estimated.–
(i) If in the result of any such investigation the
Court finds that the net profits or market-value have or has been wrongly
estimated, the Court, if the estimation has been excessive, may in its
discretion refund the excess paid as such fee: but, if the estimation has been
insufficient, the Court shall require the plaintiff to pay so much additional
fee as would have been payable had the said market-value or net profits been
rightly estimated.
(ii) In such case the suit shall be stayed until
the additional fee is paid. If the additional fee is not paid within such time
as the Court shall fix, the suit shall be dismissed.
11. Procedure in
suits for mesne profits or account when amount decreed exceeds amount claimed.– [25][25][(1)] In suits for mesne profits or for immovable
property and mesne profits, or for an account, if the profits or amount decreed
are or is in excess of the profits claimed or the amount at which the plaintiff
valued the relief sought, the decree shall not be executed until the difference
between the fee actually paid and the fee which would have been payable had the
suit comprised the whole of the profits or amount so decreed shall have been
paid to the proper officer.
Where the amount of
mesne profits is left to be ascertained in the course of the execution of the
decree, if the profits so ascertained exceed the profits claimed, the further
execution of the decree shall be stayed until the difference between the fee
actually paid and the fee which would have been payable had the suit comprised
the whole of the profits so ascertained is paid. If the additional fee is not
paid within such time as the Court shall fix, the suit shall be dismissed.
[26][26][(2) Refund where amount decreed is less than
amount claimed.– Where in any such suit as is referred to in sub-section
(1) the Court-fee paid is found to be in excess of the amount of fee which
would be payable if the suit had been valued at the amount decreed, the
decree-holder shall be entitled to the refund of the excess of Court-fee paid
by him].
12. Decision of question as to valuation.– (i) Every question relating to valuation for
the purpose of determining the amount of any fee chargeable under this chapter
on a plaint or memorandum of appeal shall be decided by the Court in which such
plaint or memorandum, as the case may be, is filed, and such decision shall be
final as between the parties to the suit.
(ii) But whenever any such suit comes before a
Court of appeal, reference or revision, if such Court considers that the said
question has been wrongly decided to the detriment of the revenue, it shall
require the party by whom such fee has been paid to pay so much additional fee
as would have been payable had the question been rightly decided, and the provisions
of section 10, paragraph (ii), shall apply.
13. Refund of fee paid on memorandum of appeal.– If an appeal or plaint, which has been
rejected by the lower Court on any of the grounds mentioned in the [27][27]Code of Civil Procedure, is ordered to be received,
or if a suit is remanded in appeal, on any of the grounds mentioned in [28][28]section 351 of the same Code for a second
decision by the lower Court, the Appellate Court shall grant to the appellant a
certificate, authorizing him to receive back from the Collector the full amount
of fee paid on the memorandum of appeal:
Provided that if, in
the case of a remand in appeal, the order of remand shall not cover the whole
of the subject-matter of the suit, the certificate so granted shall not
authorize the appellant to receive back more than so much fee as would have
been originally payable on the part or parts of such subject-matter in respect
whereof the suit has been remanded.
14. Refund of fee on application for review of
judgment.– Where an [29][29]application for a review of judgement is
presented on or after the ninetieth day from the date of the decree, the Court,
unless the delay was caused by the applicant’s laches, may, in its discretion,
grant him a certificate authorizing him to receive back from the Collector so
much of the fee paid on the application as exceeds the fee which would have
been payable had it been presented before such day.
15. Refund where Court reverses or modifies its
former decision on ground of mistake.– Where an application for a review of judgement is admitted, and where,
on the rehearing, the Court reverses or modifies its former decision on the
ground of mistake in law or fact, the applicant shall be entitled to a
certificate from the Court authorizing him to receive back from the Collector
so much of the fee paid on the [30][30][application] as exceeds the fee payable on
any other application to such Court under the second schedule to this Act, No.
1, clause (b) or clause (d).
But nothing in the
former part of this section, shall entitle the applicant to such certificate
where the reversal or modification is due, wholly or in part, to fresh evidence
which might have been produced at the original hearing.
16. [Additional fee where respondent takes
objection to unappealed part of decree]. Rep. by the Code of Civil procedure,
1908 (V of 1908).
17. Multifarious suits.– Where a suit embraces two or more distinct
subjects, the plaint or memorandum of appeal shall be chargeable with the
aggregate amount of the fees to which the plaints or memoranda of appeal in
suits embracing separately each of such subjects would be liable under this
Act.
Nothing
in the former part of this section shall be deemed to affect the power
conferred by the [31][31]Code of Civil Procedure, section 9.
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 [32][32]Code of Criminal Procedure, the complainant
shall pay a fee of [33][33][one rupee] 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 by an officer, warrant-officer, non-commissioned officer or
private of [34][34][the Pakistan Army] not in civil employment.
(ii) [Rep. by
the Amending Act, 1891 (XII of 1891)].
(iii) Written statements called for by the Court
after the first hearing of a suit.
(iv) [Rep. by
the Cantonments Act, 1889 (XIII of 1889)].
(v) [Rep. by
A.O., 1949, Sch].
(vi) [Rep.
ibid.].
(vii) [Rep.
ibid.].
(viii) Probate of
a will, letters of administration, [35][35][and, save as regards debts and securities, a
certificate under Bombay Regulation VIII of 1827], where the amount or value of
property in respect of which the probate or letters or certificate shall be
granted does not exceed one thousand rupees.
(ix) Application or petition to a Collector or
other officer making a settlement of land-revenue, 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 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) [Omitted
by A.O., 1949, Sch].
(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 Pakistan Penal Code)[36][36], a municipal officer, or an officer or servant of a Railway Company.
(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 [37][37]Act No. XX of 1856, or against any municipal
tax.
(xxii) Application for compensation under any law for
the time being in force relating to the [38][38]acquisition of property for public purposes.
(xxiii) [Omitted
by A.O., 1949, Schedule].
PROBATES,
LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION
19-A. 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 [41][41][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,
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.
19-B. 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 has 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 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
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.
19-C. Relief in
case of several grants.– Whenever [42][42][* * *] 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.
19-D. 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.
19-E. 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 [43][43][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.
19-F. 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 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.
[44][44]19-G. 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 [45][45][* * *] 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.
[46][46][19-H. 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 [47][47][for the local area in which the High Court
is situated].
(3) The Collector within the local limits of
whose revenue-jurisdiction 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 in which 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 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 [48][48]Indian Succession Act, 1865[49][49], or, as the case may be, by section 98 of [50][50]the Probate and Administration Act, 1881.[51][51]
(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 19-E.
(8) The [52][52][Provincial Government] may make rules for the
guidance of Collectors in the exercise of the powers conferred by sub-section
(3)].
[53][53][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 19-H, sub-section (4).]
[54][54][19-J. Recovery of penalties, etc.– (1) Any excess fee found to be payable on an
inquiry held under section 19-H, sub-section (6), and any penalty or forfeiture
under section 19-G 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 [55][55][* * *].
(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 19-E or of any court-fee under section
19E in excess of the full court-fee which ought to have been paid].
[56][56][19-K. Sections 6 and 28 not to apply to probate
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 – Confirmation
and publication of rules.–
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.
All such rules,
alterations and additions shall, after being confirmed by the [57][57][Provincial Government] [58][58][* * *] be published in the [59][59][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.
[60][60][20-A. Exemption for certain processes.– (1) Notwithstanding anything contained in
the preceding section or in the rules made thereunder, no fees shall be charged
for serving and executing process on behalf of:
[61][61][(a)] the
prosecution in any criminal proceedings taken on information presented or
complaint made by a public-officer acting in his official capacity; [62][62][and]
[63][63][(b) a
liquidator or an arbitrator appointed under the provisions of the Co-operative
Societies Act, 1912].
(2) The Provincial Government may by
notification determine what persons shall be deemed to be public officers for
the purpose of the preceding sub-section].
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.
22. Number of
peons in District and subordinate Courts – Number of peons in Mufassal Small
Cause Courts.– Subject to [64][64]rules to be made by the High Court and approved by
the [65][65][Provincial Government] [66][66][* * *] 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,
and for the purposes
of this section, every Court of Small Causes established under Act No. XI 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)[67][67] shall be deemed to be subordinate to the
court of the District Judge.
23. [Number of peons in Revenue
Courts]. Repealed by section 2 and Schedule of the Punjab Land Revenue Act, 1887 (XVII
of 1887).
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 (XII 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 [68][68][Appropriate Government] may, by notification in
the [69][69][Official Gazette] from time to time direct[70][70].
27. Rules for supply, number, renewal and keeping
accounts of stamps.– The [71][71][Appropriate Government] may, from time to
time, make [72][72]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 [73][73][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
[74][74][the crescent and star] so as to leave the
amount designated on the stamp untouched, and the part removed by punching
shall be burnt or otherwise destroyed:
[75][75][Provided that if any document bearing a
court-fee stamp of a design current in British India immediately before the
fifteenth day of August, 1947 and still current in Pakistan is presented to the
proper officer, he shall forthwith effect the cancellation by punching out the
figure-head so as to leave the amount designated untouched.]
CHAPTER VI
MISCELLANEOUS
31. [Repayment of fees paid on applications to
Criminal Courts]. Rep. by the Code of Criminal Procedure (Amendment) Act, 1923
(XVIII of 1923), s. 163.
32. [Amendment of Act VIII of 1859 and Act IX of
1869]. Rep. by the Repealing and Amending Act, 1891 (XII 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.
[76][76][34. Sale of Stamps.– (1) The [77][77][Appropriate Government] may from time to
time make [78][78]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 [79][79][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 [80][80][Appropriate Government] may, from time to time by
notification in the [81][81][Official Gazette] reduce or remit in the whole or
in any part of [82][82][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 [84][84][* * *] to the fees which any officer of a High
Court is allowed to receive in addition to a fixed salary.
Ad Valorem Fees
Sl. No.
|
Article
|
Proper
Fee
|
1
|
2
|
3
|
1.
|
Plaint, written statement
pleading a set-off or counter-claim or memorandum of appeal (not otherwise
provided for in this Act) or of cross-objection presented to any civil or
Revenue Court except those mentioned in section 3.
Note–
The amount payable under this number shall be rounded to the nearest fifty
paisas.
|
|
2.
|
Plaint in a suit for possession under the Specific
Relief Act, 1877, section 9.
|
A fee of one-half the amount prescribed in Serial
No. 1.
|
3.
|
Application for review of judgment, if presented on
or after the ninetieth day from the date of the decree.
|
The fee leviable on the plaint or memorandum of
appeal.
|
4.
|
Application for review of
judgment, if presented before the ninetieth day from the date of the decree.
|
One-half of the fee leviable on the plaint or
memorandum of appeal.
|
5.
|
Copy or translation of a judgment or order not
being, or having the force of, a decree–
|
|
(a) 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 any other judicial or Executive Authority.
|
One rupee.
|
|
(b) When such judgment or order is passed by a
High Court.
|
Two rupees.
|
|
6.
|
Copy of the decree or order having the force of a
decree–
|
|
(a) When such decree or order made by any Civil
Court other than a High Court, or any Revenue Court–
|
||
(i) if
the amount or value of the subject-matter of the suit wherein such decree or
order is made does not exceed fifty rupees:
|
One rupee
|
|
(ii) if such
amount or value exceeds fifty rupees:
|
Two rupees.
|
|
(b) When such decree or order is made by a High
Court.
|
Five rupees.
|
|
7.
|
Copy of any document liable to
stamp duty under the Stamp Act, 1899, when left by any party to a suit or
proceeding in place of the original withdrawn–
|
|
(a) When the stamp duty chargeable on the
original does not exceed fifty paisas.
|
The amount or duty chargeable
on the original.
|
|
(b) In any other case.
|
One rupee.
|
|
8.
|
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 Civil or Criminal or Revenue Court or
office or from the office of any chief officer charged with the executive
administration of a Division–
|
|
For every three hundred and sixty words
or fraction of three hundred and sixty words.
|
Fifty paisas.
|
|
9.
|
Probate of a will or letters of administration with
or without will annexed–
|
|
When the amount or value of the property
in respect of which the grant of probate or letters is made exceeds one
thousand rupees, but does not exceed ten thousand rupees.
|
Two per centum on such amount or value.
|
|
When such amount or value exceeds ten
thousand rupees but does not exceed fifty thousand rupees.
|
Three per centum on such amount or value.
|
|
When such amount or value exceeds fifty
thousand rupees:
|
Four
per centum on such amount or value.
|
|
Provided that when, after the
grant of a certificate under the Succession Act, 1925, in respect of any
property included in an estate, a grant of probate or letters of
administration 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.
Note- The amount
payable under this number to be rounded to the nearest rupee.
|
||
10.
|
Certificate under the Succession Act, 1925–
|
|
(i) On the amount or value of any debt or
security specified in the certificate under section 8 of the Act.
|
Two
per centum on such amount or value.
|
|
(ii) On the amount or value of any debt or
security to which the certificate is extended under section 10 of the Act.
|
Three per centum on such amount or value.
|
|
Explanation
1– For the purposes of this number,
the amount of a debt is its amount, including interest on the day on which
the inclusion of the debt in the certificate is applied for, so far as such
amount can be ascertained.
|
||
Explanation 2– Whether or not any power with respect to a security specified in a
certificate has been conferred under the Act and where such power has been so
conferred whether the power is for the receiving of interest or dividends on,
or for the negotiation or transfer of the security, or for both purposes, the
value of the security is its market-value on the day on which the inclusion
of the security in the certificate is applied for, so far as such value can
be ascertained.
|
||
11.
|
Application to the Board of Revenue/ Commissioners
of Divisions for the exercise of its revisional jurisdiction under section 84
of the Punjab Tenancy Act, 1887–
|
|
When the amount or value of
the subject-matter in dispute does not exceed twenty-five rupees.
|
Two
rupees.
|
|
When such amount or value exceeds
twenty-five rupees.
|
The fee leviable on a memorandum of appeal.
|
|
12.
|
Application to a High Court for the exercise of its
revisional jurisdiction under section 115 of the Code of Civil Procedure,
1908–
|
|
Where the application is for revision of
an order and the amount or value of the subject-matter is less than two
thousand rupees.
|
Seven rupees and fifty paisas.
|
|
Where the application is for the
revision of an order and subject-matter is two thousand rupees or more.
|
Fifteen rupees.
|
|
Where the application is for the
revision of an appellate decree.
|
The fee leviable on a memorandum of appeal].
|
Fixed Rates
Sl. No.
|
Article
|
Proper
Fee
|
|||
1
|
2
|
3
|
|||
1.
|
Application or
petition–
(a) When presented to any Officer of the
Customs or Excise Department or to any Magistrate by any person having
dealings with the Government and when the subject-matter of such application
relates exclusively to those dealings; or
When presented to any Officer of
land-revenue by any person holding temporarily settled land under direct
engagement with Government and when the subject-matter of the application or
petition relates exclusively to such engagement; or
When 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 Causes Courts 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 subject-matter is less than fifty
rupees; or
When presented to
any Civil, Criminal or Revenue Court, or to any Board or Executive Officer
for the purpose of obtaining a copy or translation of any judgment, decree or
order passed by such Court, Board or Officer, or of any other document or
record in such Court or Office;
|
One rupee.
|
|||
(b) When containing a complaint or charge of any
offence other than an offence for which police officers may, under the Code
of Criminal Procedure, 1898, arrest with our warrant, and presented to
Criminal Court; or
|
Two
rupees.
|
||||
When presented to a Civil,
Criminal or Revenue Court, or to a Collector or any Revenue Officer, having
jurisdiction equal or subordinate to a Collector or to any Magistrate in his
executive capacity and not otherwise provided for by this Act; or
|
Two
rupees.
|
||||
to
deposit in Court revenue or rent; or
|
Two rupees
|
||||
for determination by a Court of the
amount of compensation to be paid by a landlord to his tenant
|
Two rupees.
|
||||
(c) (i) When
presented to a Chief Controlling Revenue or Executive Authority, or to a
Commissioner of Revenue or Circuit or to any Chief Officer charged with
executive administration of a Division and not otherwise provided by this Act
|
Two rupees.
|
||||
(ii) When presented to a Court or Authority
other than a High Court, for transfer of cases
|
Five rupees.
|
||||
(d) When presented to a High Court–
|
|||||
(i) Under
the Companies Act, 1913, for winding up a company
|
Two hundred rupees.
|
||||
(ii) Under
the said Act for taking some other judicial action
|
Ten rupees.
|
||||
(iii) For
transfer of cases
|
Five rupees.
|
||||
(iv) In
all other cases
|
Five rupees.
|
||||
2.
|
Application to any Civil Court that records may be
called for from another Court–
|
||||
When
the Court grants the application and is of the opinion that the transmission
of such records involves the use of the post.
|
Three rupees in addition to any
fee levied on the application under clause (a), clause (b) or clause (c), of
Number 1 of this Schedule.
|
||||
3.
|
Application for leave to sue as a pauper
|
Two rupees.
|
|||
4.
|
Application for leave to appeal as a pauper
|
Two rupees.
|
|||
5.
|
Plaint or memorandum of appeal in a suit to
establish or disprove a right of occupancy
|
Two rupees.
|
|||
6.
|
Undertaking under section 49 of the Divorce Act,
1869.
|
One rupee.
|
|||
7.
|
Mukhtarnama or Wakalatnama when presented for the
conduct of any one case–
|
||||
(a) to any Civil or Criminal Court, other
than a High Court, or to any Revenue Court, or to any Collector or
Magistrate, or other Executive Officer, except such as are mentioned in
clauses (b) and (c) of this number:
|
Two rupees.
|
||||
(b) to Commissioner or Revenue, Circuit or
Customs or to any officer charged with the Executive Administration of a
Division, not being the Chief Revenue or Executive Authority;
|
Two rupees.
|
||||
(c) to a High Court, Board of Revenue or other
Chief Controlling Revenue or Executive Authority:
|
|||||
8.
|
Memorandum of appeal when the appeal is not from a
decree or an order having the force of a decree and is presented–
|
||||
(a) to any Civil Court other than a High
Court, or to any Revenue Court or Executive Officer other than the High Court
or Chief Controlling Revenue or Executive Authority;
|
Three rupees.
|
||||
(b) to the Central Board of Revenue under
section 188 of the Sea Customs Act, 1878, or section 35 of the Central Excise
and Salt Act, 1944;
|
Twenty-five rupees.
|
||||
(c) to High Court or other Chief Controlling
Executive or Revenue Authority:
|
Ten rupees.
|
||||
9.
|
Caveat
|
Ten rupees.
|
|||
10.
|
Petition in a suit under the Native Convert’s
Marriage Dissolution Act, 1866:
|
Ten rupees.
|
|||
11.
|
Plaint or memorandum of appeal in each of the
following suits:-
|
||||
(i) to alter or set aside a summary decision or
order of any Civil Court, not being a High Court; or any Revenue Court;
|
Ten rupees.
|
||||
(ii) to
alter or cancel any entry in a register of the names of proprietors of
Revenue paying estates;
|
Ten rupees.
|
||||
(iii) to obtain a declaratory decree when no
consequential relief is prayed;
|
Thirty rupees.
|
||||
(iv) to set aside an award;
|
Ten rupees.
|
||||
(v) to set aside an adoption;
|
Ten rupees.
|
||||
(vi) to set aside an alienation;
|
Fifteen rupees.
|
||||
(vii) every other suit where it is not possible to
estimate at a money-value the subject matter in dispute, and which is not
otherwise provided for by this Act:
|
Ten rupees.
|
||||
12.
|
Application under Chapter III of the Arbitration
Act, 1940:
|
Twenty rupees.
|
|||
13.
|
Agreement in writing stating a
question for the opinion of the Court under the Code of Civil Procedure,
1908:
|
Twenty rupees.
|
|||
14.
|
Every petition under the
Divorce Act, 1869 except petitions under section 44 of the same Act, and
every memorandum of appeal under section 55 of the same Act:
|
Twenty rupees.
|
|||
15.
|
Plaint or memorandum of appeal under the Parsi
Marriage and Divorce Act, 1936:
|
Twenty rupees.
|
|||
16.
|
Plaint or memorandum of appeal in a suit by a
reversioner under the Punjab Customary law for a declaration in respect of an
alienation of ancestral land.
|
Twenty rupees.
|
|||
17.
|
For determination of fair rent
or eviction of tenant under sections 4 and 13 of the [89][89][West Pakistan] Urban
Rent Restriction Ordinance, 1959 (VI of 1959)–
|
||||
(i) Where the property involved is exempted from
Property Tax under the [90][90][West Pakistan] Urban
Immovable Property Tax Act:
|
Five rupees
|
||||
(ii) Where
such property is assessed to Urban Immovable property Tax:
|
Fifteen rupees.]
|
(See
Section 19-I)
FORM
OF VALUATION (TO BE USED WITH SUCH MODIFICATIONS, IF ANY AS MAY BE NECESSARY)
In
the Court of____________________________________
Re
Probate of the Will of ___________________ (or administer of the property and
credits of _________________), deceased.
I _______________________________________________ ( solemnly affirm )
( make oath )
and say that I am the
executor (or one of the executors or one of the next-of-kin) of
________________, deceased, and that I have truly set forth in Annexure A to
this affidavit all the property and credits of which the above-named deceased
died possessed or was entitled to at the time of his death, and which have come
or are likely to come, to my hands.
2. I further say that I have also truly
set forth in Annexure B all the items I am by law allowed to deduct.
3. I further say that the said assets,
exclusive only of such last-mentioned items, but inclusive of all rents,
interest, dividends and increased values since the date of the death of the
said deceased, are under the value of–
ANNEXURE
A
Rs.
|
A
|
P.
|
|
VALUATION
OF THE MOVABLE AND IMMOVABLE PROPERTY OF DECEASED
Cash in the house and at the banks household goods,
wearing-apparel, books, plate, jewels, etc.
(State
estimated value according to best of Executor’s or Administrator’s belief).
Property in Government securities transferable at
the Public Debt Office.
(State
description and value at the price of the day; also interest separately,
calculating it to the time of making the application).
Immovable property consisting of
(State
description, giving, in the case of houses, the assessed value, if any, and
the number of years’ assessment the market-value is estimated at, and, in the
case of land, the area, the market-value and all rents that have accrued).
Leasehold property
(If the
deceased held any leases for years determinable, state the number of years,
purchase the profit rents are estimated to be worth and the value of such
inserting separately arrears due at the date of death and all rents received
or due since that date to the time of making the application).
Property in public companies
(State the
particulars and the value calculated at the price of the day, also the
interest separately calculating it to the time of making the application).
Policy of insurance upon life, money but on marriage
and other societies such as bonds, mortgages, bills, notes and other
securities for money.
(State the
amount of the whole; also the interest separately, calculating it to the time
of making the application).
Books debts
(Other than
bad)
Stock in trade
(State the
estimated value, if any)
Other property not comprised under the foregoing
heads.
(State the
estimated value, if any).
TOTAL:
Deduct amount shown in Annexure B not subject to
duty.
NET TOTAL:
ANNEXURE B
SCHEDULE
OF DEBTS, ETC.
Amount of debts due and owing from the deceased,
payable by law out of the estate.
Amount of funeral expenses
Amount of mortgage incumbrances
Property held in trust not beneficially or with
general power to confer a beneficial interest.
Other property not subject to duty
TOTAL:
|
[1][1]For statement of objects and
reasons, see Gazette of India, 1869,
Pt. V, p. 57; for Proceedings in Council, see
ibid., 1869, Supplement, pp. 1179 and 1452; ibid., 1870, Supplement, pp. 52, 378, 421, 427 and 434.
[2][2]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), (with effect from the 14th
October, 1955), for “all the Provinces and the Capital of the Federation” which
were previously Substituted, for “the whole of British India,” by the
Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).
[3][3]Section
1-A Inserted by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
[5][5]The
words “and in the court of Small Causes at the Presidency Towns” omitted by the
Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), (with effect from
the 14th October, 1955).
[6][6]The original words and
figures as amended by the Repealing and Amending Act, 1917 (XXIV of 1917) and
the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by
the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937,
have successively been amended by the Adaptation of Central Acts and Ordinances
Order, 1949 (G.G.O. 4 of 1949) and the West Pakistan Supplementary
Appropriation Ordinance, 1960 (XXI of 1960), (with effect from the 14th
October, 1955), to read as above.
[8][8]The words “and the fees for
the time being chargeable in the Courts of Small Causes at the Presidency-towns
and their several officers” omitted by the Adaptation of Central Acts and
Ordinances Order, 1949 (G.G.O. 4 of 1949).
[9][9]The word “said” omitted by
the West Pakistan Supplementary Appropriation Ordinance, 1960 (XXI of 1960),
(with effect from the 14th October, 1955).
[12][12]The word “said” omitted by
the Central Laws (Statute Reform) the West Pakistan Supplementary Appropriation
Ordinance, 1960 (XXI of 1960), (with effect from the 14th October, 1955).
[25][25]Section 11 was renumbered as
sub-section (1) of that section by the Court-fees (Amendment) Ordinance, 1962
(LII of 1962).
[28][28]This reference should now be
read as applying to the corresponding provision of the Code of Civil Procedure,
1908 (Act V of 1908), i.e., Order XII rule 23 of the First Schedule.
[29][29]As to application for review
of judgment see the Code of Civil
Procedure, 1908 (Act V of 1908), section 114 and Order XLVII of the First Schedule.
[30][30]Substituted by the Court-fees
Act (1870) Amendment Act, 1870 (XX of 1870), for “plaint or memorandum of
appeal”.
[32][32]This reference should now be
read as referring to the Code of Criminal Procedure (Act V of 1898). See section 3 of that Act.
[34][34]Substituted by the Central
Laws (Adaptation) Order, 1961, for “Her Majesty’s Army” (with effect from the
23rd March, 1956).
[35][35]Substituted by section 13 (2)
of the Succession Certificate Act, 1889 (VII of 1889), for “and certificate
mentioned in the First Schedule to this Act annexed, No. 12.”
[39][39]Substituted by the Indian
Christian Marriage Act, 1872 (XV of 1872), for the original clause which read
as follows:- “petitions under the 14th and 15th of Victoria, Ch. 40 (an Act for marriages in India), section
5, or under Act No. V of 1852, section 9.”
[40][40]Chapter III-A inserted by section
6 of the Probate and Administration Act, 1875 (XIII of 1875).
[45][45]The words and figures, “after
the first day of April 1875 or”, repealed by the Amending Act, 1891 (XII of
1891).
[52][52]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local
Government”.
[55][55]The words “in any Part of
British India”, omitted by the Adaptation of Central Acts and Ordinances Order,
1949 (G.G.O. 4 of 1949).
[57][57]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local
Government”.
[58][58]The words “and sanctioned by
the G.G. of India in C” repealed by the Devolution Act, 1920 (XXXVIII of 1920).
[59][59]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “local
official Gazette”.
[64][64]For
rules made under the powers conferred by this section, see different Local Rules and Orders.
[65][65]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local
Government”.
[66][66]The words “and the G.G. of India
in C” repealed by the Devolution Act, 1920 (XXXVIII of 1920).
[67][67]The reference to Act XI of
1865 should now be read as referring to the Provincial Small Cause Courts Act,
1887 (IX of 1887): see section 2 (3)
of that Act.
[68][68]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local
Government” which had been Substituted by the Devolution Act, 1920 (XXXVIII of
1920), for “G.G. of India in C.”
[69][69]Substituted ibid., for the words “local official
Gazette” which had been substituted, for “Gazette of India” by the Devolution
Act, 1920 (XXXVIII of 1920).
[70][70]For rules as to levy of
Court-fees by adhesive and impressed stamps, see Gazette of India, 1883, Pt. I, p. 189.
[71][71]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local
Government” which had been Substituted by the Devolution Act, 1920 (XXXVIII of
1920), for “G.G. of India in C.”
[73][73]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for the words
“local official Gazette” which had been Substituted, for “Gazette of India” by
Act XXXVIII of 1920.
[77][77]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local
Government”.
[79][79]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “local official Gazette”.
[80][80]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local
Government” which had been Substituted by the Devolution Act, 1920 (XXXVIII of
1920), for “G.G. of India in C.”
[84][84]The words
“to the commission payable to the Accountant General of the High Court at Fort
William or” omitted by the Adaptation of Central Acts and Ordinances Order,
1949 (G.G.O. 4 of 1949).
[86][86]Substituted first by the
Punjab Finance Act 1996 (V of 1996) and then by the Punjab Finance Act 2006 (V
of 2006).
[91][91]This Schedule was added by
the Court-fees (Amendment) Act, 1899 (II of 1899). The original Schedule III
was repealed by the Repealing Act, 1870 (XIV of 1870).
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