The Delhi Court Fee Amendment ACT 2012

(TO BE PU^LISHED IN PART IV OF THE DELHI GAZETTE EXTRAORDINARY) GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI REVENUE DEPARTMENT 5-SHAM NATH MARS, DELHI-110D54 No.F1 (2L)/Regn.Br,/DivCom/2010/Dated: NOTIFICATION ' No.F.1(21)/Regn.Br./DivCom/2010/^ In exercise of the powers conferred by sub section (3) of section 1 of the Court Fee (Delhi Amendment) Act, 2012 .(Delhi Act 11 of 2012), the Lieutenant Governor of the National Capital Territory of Delhi, hereby, appoints the 1B August, 2012, as the date on which said Act shall come into force. By order and in the name of the Lt. Governor of the National Capital Territory of Delhi (NILA MOHANAN) SPL. INSPECTOR GENERAL OF REVENUE^ No.F.1 (21)/Regn.Br./DivCom/2010/ •2^1**"^*'Dated: ^tll Copy forwarded for information 1o> 1.The Secretary (Home), Ministry of Home Affairs, Govt. of India, North Block, New Delhi-110001. 2.The Chief Secretary, Govt. of NCT of Delhi, Delhi Secretariat, I.P.Esiate, New Delhi-110002. 3.The Principal Secretary, GAD, Govt. of NCT of Delhi, Delhi Secretariat, I P.Estate, New Delhi-110002 with one spare copy for its publication in Delhi Ga^tteJ'art-IV (extraordinary) in today's date. 4.The Principal Secretary Finance, Govt. of NCT of Delhi, Delhi Secretariat, I.P.Estate, New Delhi-110002. ..T0^rJ^Mi^-) .004 18:21 1958 Pago 5 The Principal Secretary to the Hpn'ble Lieutenant Governor, Delhi. 6.The Principal Secretary to the Chief Minister, Government of NCT of Delhi. Delhi Secretariat, I.P.Estate, New Deihi-110002. 7.The Secretary to Law Minister, Govt. of NCT of Delhi, Delhi Secretariat, I.P.Estate, New Delhi-110002. 8.The Secretary, to Minister of Finance, Govt. of NCF of Delhi, Delhi Secretariat, I.P.Estate, New Delhi-110002. 9.The Secretary to the Minister of Revenue, Govt. of NCT of Delhi, Delhi Secretariat, I.P.Estate, New.Deini-110002. 10.The P.A. to the Leader of Opposition, 29, Delhi Legislative Assembly, Old Secretariat, Delhi. 11.The Additional Secretary (Law), Govt. of NCT of Delhi, Delhi Secretariat, I.P.Estate, New Delhi-110002. 12 Guard File (NILAWOHANAN) SPL. INSPECTOR GENERAL OF REVENUE-I (TO BE PUBLISHED IN PART-IV OF THE DELHI GAZETTE-EXTRAORDINARY) GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (DEPARTMENT OF LAW, JUSTICE & LEGISLATIVE AFFAIRS) 8 LEVEL, C-WING, DELHI SECRETARIAT, NEW DELHI No.F.14(2yLA-2012/ O2n4^kJ//2-^Palcd ,^.i -July.2012 NOTIFICATION No.F.14f7)/LA-2012/<llrt*irij//a-J.. ^ following Ac, ofthe Legislative Assembly ofthe National Capital Territory of Delhi received the assen; Of the President of India on 4" July, 2012 and is hereby published for general information:- "THE COURT-FEES (DELHI AMENDMENT) ACT, 2012 (DELHI ACT 11 OF 2012) (As passed by the Legislative Assembly ofthe National Capital Territory of Delhi on the 4a June, 2012) [4* July, 2012] An Act further to amend the Court-Fees Act, 1870 in its application to the National Capital Territory of Delhi. BE it enacted by the Legislative Assembly of the National Capital Territory of . . DeLhi in the Sixty-third Year of the Republic of Indiaas follows:- . 1.Short title, extent and commencement. -(1) This Act may be called the. Court Fees (Delhi Amendment) Act, 2012. .• (2)It extends to the whole of the National Capital Territory of Delhi.' (3)It shall come into force on .such date as the Government may, by notification in the official Gazette, appoint ' ,, 2.Amendment of section 26.- In the Court Fees Act, 1870 as in force in the . National Capita] Territory of Delhi (hereinafter referred to as "the principal Act"), section 25 shod be re-nunibered as sub-section (1) thereof, and after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:- "(2] For the purposes of sub-section (1), and section 25, "stamp" means ,' any mark, seal or endorsement by any agency or person duly authorized - by the Appropriate Government, erid includes an adhesive or impressed scamp, for the purposes of court fee chargeable under this Act. ' ''.' Explanation.-"impressed stamp" includes impression by a franking, machine or any other machine, or a unique number, generated by c-1 stamping or similar software, as .the Appropriate Government may. by notification in the official Gazette, specify." 3.Substitution of, new Schedules for the Schedule 1 and the Schedule II - In the principal Act, for the Schedule 1 and the Schedule II, the following Schedules shah respectively be substituted, namel -SCHEDULE! (AS APPLICABLE TO THE NATIONAL CAI'I TAL TERRITORY OP DELHIl AD VALOREM FEES Number Proper fee Pluiut, written statement. When the oniounl or value of pleading, a set off or subject matter in dispute is - counterclaimor memorandum of appeal i) upio fifty (hpusond rupees; Two percentum on such amount or (not otherwise provided . value or one thousand rupees for under any of these whichever is more: Schedules of the Court Fees Act, 1870 (7 of n) fifty thousand one rupees upto' y Three pereemum on such amount 1370^ or of cross twenty Inlch rupees; or value;. objection presented to uny Civil or Revenue Court iii)ubovc twenty lakh rupees; Four percentum on such amount or except those mentioned in value. ' section 8. Plaint in suit ~ for A fee of .one-half the amount possession under section prescribed in (he foregoing scale 0 of the' Specific Relief (vide Article I). Act. 1963 (47 of 1963). -j.Complaint under section Snme as prescribed iu the 138 of the Negotiable foregoing scale (vide Article I) - Instrument Act, I S31 (36 calculated in terms with value of of I S31 j. the Instrument. Suit for partition of Filed before Civil Court including Ad-velorent us per Article I of this Inmiovcablejoint High Court at Its original side, (as Schedule calculated in accordance properlyper pecuniary jurisdiction).with market value of the properly subject to. minimum court fee of one thousand rupees. Application for revie^ of The fee leviable on the piaint or judgment, if pfcsented.:on memorandum of appeal. or after the ninetieth day from the date of. the decree. Application for review of One-half of the fee leviable on the judgment, if presented plaint or memorandum ofoppeal. before the ninetieth day from the date of the decree. Copy of translation of When such judgment or order 1$ v judgment' or order not passed by any Civil Court other being, or having the force than a High Coon, or by the Ten rupees per page. of a decree.Presiding Officer of any Revenue Court or Officer of ony Revenue Court or Office or by any other Judicial E^ecutive Authority. When ^tich judgment or order is Twenty rupees per page, pas^ed by u High Court. When uch decree or order is Tenrupeospcrpage. Copy of decree or order made by .any Civil- Court oilier • havi^g the force of a than a High Col... or by any decree. ^evenue Court. When such'decree dr order w Twenty rupee^ per page, by a High Court. <a) When the stump duty One rupees, 9.Copy of any ^ocuments chargeable on the original does not liable to stamp duty under the Indian Stamp Act. exceed one rupees. 1899, when left "by nny party to D suit or Ten rupees. proceeding in pluce of the in any other c^se. originalwithdrawn, provided such copy is not subject to any duty upder the lndia^ Stamp Act. 1899. ^or ^^v&y three hundred and T^n rupees. It).Copy of any revenue or sixty words or fraction of three judicial proceeding or hundred and sixty words. order not otherwise , provided for by this Act. of Copy of any account, statement,' rcpon or the like, taken out of tiny Civil or Criminal or Revenue Court of Office or from the office of uny thief officer charged with theexecutive administration of division When the amount or value of the Two and one-half per centum on II. ' ^robate of Will or property in respect of which the such amount or vnlue. Letters" • of grant of probate or letters is Administration with ,or made exceeds one lakh rupees.' without Will annexed. but does not exceed ten lakh rupees.' When such amount or valueThree and one quarter per centum exceeds ten lakh rupees, but doeson such amount or v^lue, not exceed fitly lakh rupees, When such amount or value^our per centum on such nmou^^ exceeds fifty lakh rupees.or value. Provided that wh^n alter the gram of a Certificate under Piirt- X of the Indian Succession Act, 1025 (39 of 1925) or under the Regulation of the Bombay Code No.^ of US^ in respect of nny property included in nn estate, a gram of probate or letters of administration is made in respect of the same estate, th^ lee — payable in respect of the latter gram shall be reduced by the amount of the fee paid in respect of the former grant. \?- Certificaic under Pan-X • T\^o and one-half per centum or. of the Indian Succession the amount or value of any dcbl or Act. 1925 (39 of 1925) security specified in the certificate under section 374 of the Act, nnd __ ' four per centum on the amount or . '' value of any debt or security to which the certificate is -extended under section 37(3 of the Act. Note. - (1) The amount of a debt is its amount; including interest on Aie.day on which the inclusion of the debt in the certificate is applied for, so for as such amount- can be ascertained. (2) Whether or not any power with respect to a security specified in it certificate has been conferred under it^ Act nnd where such n 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 of for both purposes, the value of the security is its market-value on the dny on which the Inclusion of the security in the certificate is applied for, so far as such value can be ascertained. -s^^s. Ooe hundred mpeeri.Uv^^ **^jf 13. Application to the High When the amount or value of the Court of Delhi for the subject-mutter in dispute does •- exercise of its not exceed fifty thousand rupees. Jurisdiction under section 44 of the Punjab Courts Act, 19IB as When such nmount or value The fee leviable on u memorandum extended to the National exceeds fifty thousand rupees. of appeal. " Capital Territory of Delhi or to the Court of , the Lt. Governor of Delhi for the exercise of its revision;! 1 jurisdiction under section 84 of the Punjnb Tenancy Act. |887 (16 of 1887). ^SCHEDULE II ^AS APPLICABLE TO THE NATIONAL CAPITALTERRITOHV OF ^^LHt) FIXED FEES Number Proper fee Application or petition to) When presented to any officer of the Cu^toms or Excise Department or to any Ma^istrate by any person having den I ings with the Government, and when the suhjecr-mtittcr of supii application relates exclusively to , those dealings: Or when presenteti to any officer of hind revenue by any person holding temporarily settled land under direct engagement with Government and when the subject- maitcr of die application or petition relates exclusively to such engagement;' ' • Or when presented to any Municipal Commissioner under any Act. for the time being in (pice, for the conscrvuncy Or improvement of* any place if the application or petition relates solely to such conservancy or improvement:. Or when presented to any Civil Court other "-than a principal Civil Court of original jurisdiction or to. any Court of Smalt Causes constituted under Act No.l I of 1S65 or under Act No.16 of IS6S, section 20, or- to a Collector or other officer of revenue in relation to any suit- or case in which the amount or value of the subject-matter is Jess than filly rupees: Or when presented to any Civil, Criminal or Revenue Court, or to any Qoard or, Executive Officer ^ for the purpose of obtaining a copy or tnmstatipn • of at)}' ' judgment, decree or order passed by socli Court. Board or Officer, lM ruPet^ or of tiny other document on record in such Court or Office. (b) When containing a complaint OF charge of. any offence other than an offence for which police officers may. under the Code of ' Criminal Procedure 197^ (2 of 197^). nrecst without warrant, and presented to any Criminal Court; When presented to a Civil Criminal or Revenue Court or to a Collector or nny. Revenue Officer having jurisdiction equal or subordinate to a Collector, or to' any Magistrate in his oteeuftve capacity, and not otherwise pro^ided for by this Act;l. Or to deposit in Court revenue or rent; Tan rupees. Or for determination by a Court of the amount of compensation to be paid by land-lord to his tenant, (c)When presented to a'Chief Commissioner or other Chief Controller, Revenue ot Executive Authority, or to a Commissioner of Revenue or Circuit, or to any Chief Tan rupees: Officer chnrged with the executive administration of a Division and not otherwise provided for by this Act. (d)when presented to the High Court- One hundred rupees: (I) under article 226 of foe ' Cpeotnitsitoitnut ifoonr ohfab Ienaduisa cootrhpeurs t ahannd, petitions arising out of criminal proceedings; (li) Letters Patent Appeal under One hundred rupees. * 'foe Letter Patent charter,. ' . '(hi) under article 23^ of foe One hundred rupees. Constitution of India; " (tv) In all-.other cases not Two hundred fifty rupees, Application in any CivilWspehceifnic a ltlhye p r oCvioduerdt.-.grants theTen percentum In addition to the Court, '.hat records mayapplication and is of opinion thatfee levied on the application under be celled for fromthe transmission of such recordsclause (a), clause (b) or clause (d) another Court.involves the. use of the post.of Artiele-I of this Schedule. One hundred twenty 1i> e rupees. Plaint or memorandum of appeal in a suit lo establish or disprove a right of occupancy. One hundred twenty five rupees. Undertaking under section 49 of the Divorce Act, 1869(4 of 1869). •}. Memorandum or oppeel (u) to any Civil Court other then a " Ten rupees, when the appeal is not High Court or to any Revenue ftom a decree or tin order Courr or Executive Officer other having the force of limn the High Court or Chief decree, and is presented. Controlling Revenue or Executive Authority. " (b) to the High Court or Chief Twenty rupees. Commissioner, or other Chief * .Controlling Executive or Revenue Authority. Every petition or applicationor memorandum of appeal under the Special One hundred fifty rupees.. Marriage Act, 1934 (43 Of 1954). or the Hindu Marriage Act. 1933 (23 or 1955) or the Dissolution of Muslim Marriage Act. 1939 (8 of 1939). Pinint or memorandum of appeal in each of the following suits :- (i) To alter or set aside n summary decision or Two hundred rupees. order df liny of the Civl) Courts not established by Letters Potent or of any Revenue Court) (li) to otter or cancel nny Two hundred rupees. entry in o register of the names of proprietors of revenue paying estates; (iif) to obtain n Two hundred rupees. declaratory decreu where no consequential ratief is prayed: One hundred titty rupees. (iv) to sac aside an adoption; P. ^v) every* oilier suit w^er^ it is not possible to Oat hundred fh.y rupees. estimate at a money- vitluc lite subject-matter tn dispute, and which is not otherwise provided ^^r by any of the schedules of'the Court ^ees AcL 1870 (7 or, 1870). Applicalionunder the Arbitration.and- ConciiiationAW, I99fi 6 of 19%) (D for appointment of When made before - Two hundred fifty rupees. ' Arbitrator under section i) a Civil Judge; Five hundred rupees. litii) a District Judge: One thousand rupees. iif) the High Court: (ii) for court assistance in when made before - Two hundred fifty rupees. taking evidence under I) a Civil Judge: Five hundred rupees. section ^7;ii) a District Judge: One tliousnmi rupees. lii) the High Court: One thousand rupees dr one (lii) for seeking when made before - perccntum of the amount awarded enforcement of an award i) a Civil Judge; in the Award, whiche under section 3d;ii) a District Judge: lift the High Court: One thousand rupees or one (iv) for setting aside die When made before • perccntum of the amount awarded, arbitral award under i) a Civil Judge; whichever is more. auction 34:ii) a District Judge: in) the High Court: One thousand rupees or one percentum of die amount uw&rdeiJ. Memorandum of appeal whichever is more. under section 37; \ Or.; hundred fifty Rupees. Agreement In writing stating a question for the opinion of die Court Under the Code of Civil Procedure. 1908 (5 of 1908) 16. Every petition under lire Divorce Act. I5S9 (4 of iS6'9) except petition* under section 44 of the . One hundred fifty rupees. same Act, and every nntmonindum of appeal under section 55 of die same Act, H. ."tarn! or memorandum of appeal under die Pnrsi One hundred fifty rupees. Marriage and Divorce Act. 1930 Q at 193d). fi Plaint or memorandum o^ appeal in a suit by a trcversioner under any customary law in force in ' One hundred fifty rupees. r ' die National Capital Territory of Delhi for declaration In respect of i*an alienation of ait •iancestral land. fj. Applicationor Incmoranduni of uppcnl for relief under the Delhi One hulidred ftfty rupees. Rent Control Act, 1958 (59of IMS). 14. Claims * for money (a) Where the amount does not One hundred fifty rupees, (whether' secured or exceeds two dmusand five hundred unsecured) or a claim to rupees.y set otf made against such ejahns or counter' (b)where die amount exceeds Two hundred llfty rupees, claims under die Banking iwo demand five hundred rupees Companies Act, 1949. but does not exceeds ten thousand (10 of 1949).' rupees. * (c)where the amount exceeds ten five hundred rupees, thousand rupees. Memorandum of appeal (a) Where the amount exceeds One diousand rupees. from an order or decision five diousand rupees bur does not passed under the exceeds len thousimd rupees. provision, of section 45S of . die Banking (b) where die amount exceeds tan One thousand five Hundred rupees, Companies. Act, 1949 thousand rupees,• -•. (I Oof 1949). Executionpetition (a) When filed before a Civil seskin." enforcement of TWO .hundred fifty nipaes. Judge: ally judgment, order or decree passeci ~ by any court.x ,".) wlicn tiled before a District five hundred rupees. Judge: when riled before the High One fhousand rupees., Court: Tr^nsfer pcfiiioiy unoer (a) When filed bettre Sessio^ Five hundred rupees. section 24 of lie Code of Judge/District lu:lge. Civil Procedure, 100^; or under sections 402 io (bj When filed Wore High One thousand rupees. all of the Code of Cowl. Criminal Procedure 1073 (2 of 1974) (C) When filed- before Chief Two hundred fifiy rupees. Metropolitan Magistrate. It. Election petition Under We Representation of Five thousand rupees. People Act. 1031 143 of 10.11). .-19.Petition under section i.482 of the Code of'. ' . Two hundred and fifty rupees. ?Criminal Procedure. 1073 (2 of 1974) before ifdie High Court. .Criminalrevision when tiled before the High Court.' One hundred rupees. petition under section 307 of the Code of Criminal Procedure, when filed before ti Sessions Fifty rupees. 1973 (2 of 1974).fudge. 31. . CnntimdRevision Petition under section 401 of the Code of One hundred rupees. Criminal Procedure, 1973 (2 of 1974). before the High Court. 22. Bail application underWhen filed before (he High Court. Two hpndred fifty rupees. section 437 or section •3 438 of the Code of• Criminal Procedure,"when filed before a Sessions One hundred rupees. 1973 (2 of 1974).- .Judge. when tiled before a Metropolitan Fifty rupees. Mugisiraie. 23s- First Appeal against When filed before the High Court., Two hundred and fifty rupees. order under section 104 •read with Order 43 of lite Code of Civil Procedure, when filed before tiny other court 1908(3 of 1908). One hundred and fifty rupees. exercising appellate jurisdiction. 24Under the Companies Act, 1936(1 of 1956)- (i) •• Any proceeding relating to Winding up of Two thousand and five hundred a company under chapter rupees. II of part Vl| of the said Act. ^_. (it) ^oe an)' -proceeding seekin^ snnctfoq of flic •wo thousand iril live hundred court t^ til-.1 schtfriit of rupees. nnycompromis^, arrangement, reconstructionor ilinal^iimation ere. under chapter V of pan VJ of ilie said Act. (in) Any proceeding 10 prevenroppression two thousand dud five hundred and/or mismanagement or any other judicial rupees. action under chapier VI of part VI of die said - Act. (iv) Any other petition tinder the said Act for •ta^ing any Judicial Two iiundi^d mid fifty rupees. action. (v) Any uppcul under Hie Rive hundred rupees. Companies Act. 19^0 (! of 195(5). li. Caveat appficatiQii ^hen filed before a Civil ^ude.. One hundied rupees. . when filed before a District Judge. Two hundred fifty rupees, when filed before Ihe High Court. ^ive hundred rupees. Contempt petition under, One hundred rupees. ' die Contempt of Court Act. 1971 (30 of 1971). • 37. Appeal under* the One hundred rupees. Contempt of Court Act. I97l(7Oofl97l) 3: Ctaini petition under Hie filled before n Motor Accidents One hundred rupees. Motor Vehicles Act Claims Tribunal. T988(i9ofl9i|S). 39. Appail under the Motor Two hundred and fifty rupees. Vehicles Act, 1988 (59 of 1988) against, the award passed by a Motor AccidentsClaims Tribunal. Any suit or petition When filed before a Civil Judge filve hundred rupees; under the htrelicctunl i'roperty Rights. 'X. "'U One thousand rupees. when filed before I! when filed before Ihc Hi^h Court. • -Five thousand rupees. Five ihousaud'rupues. Appeal relating to end u. under the Income Tax Act. 1061 (43 of 1061) or ilte velih Tax Act, 1957 (17 of 1957). One hundred or one percentutn. SI. Any suit under the ' When Bled before a Civil Judge. . of die valuation . of the suit, Pannership Act, 1932 ; whichever is tnorc; (9 or 1932) lor re^ditioni . ol' accounts nnd/or. . Two hundred fifty or one partition or for any relief • when filed before a District fudge. pcrccntum of the valuation of under the Untiled ' the suit whichever is more; Liability Partnership Act. Rve hundred or one pcrcnnlum. 2001.when tiled before die High Own. or the vhluation of the null whichever is nsore. 33. Revision petition Under Five hundred rupees. section 115 of Use Code of Civil Procedure. 1908 •' (6 of 1908). tiled before < the High Court. Revision petition filed 34. under die Delhi Rent Five hundred rupees. Control Act. I9S8 (59 of !95S) against the order of ihu Rent Controller or Ren! Control Tribunal, * ft filed before . die High Court. Any other suit or petition Wls fllud beftme a Civil Judge. % One hundred nipces. not eoveiod Itoreinnbove when filed before n District Judge. Two hundred,nnd fifty rupees. whe'iT^^^d hclure the High Court, Five hundred rupees." fTarun Sahrawut) Addl. Secretary (Law, Justice & L.A.) \