THE COURT FEES ( GOA AMENDMENT ) ACT, 1997
An Act further to amend the Court Fees Act, 1870, as in force in the State of Goa.
Be it enacted by the Legislative Assembly of Goa in the Forty eighth Year of the Republic of India as follows:-
1. Short title and commencement :- (1) This Act may be called the Court Fees (Goa Amendment ) Act, 1997.
( 2) It shall come into force at once.
2. Amendment of Schedule I and Schedule II - For the existing Schedule I and Schedule II of the Court Fees Act, 1870 (Central Act 7 of 1870 ), as in force in the State of Goa, the following Schedules shall be substituted, namely:-
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" SCHEDULE I A "
Number |
|
Proper Fee |
1. |
2. |
3. |
|
When the amount or value of the subject matter in dispute
does not exceed five rupees. |
One rupee. |
|
When such amount or value exceeds five rupees, for every five
rupees, or part thereof, in excess of five rupees, upto one
hundred rupees. |
One rupee and fifty paise. |
|
When such amount or value exceeds one hundred rupees, for
every ten rupees, or part thereof, in excess of one hundred
rupees, upto one thousand rupees. |
Five rupees. |
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 in section 3 |
When such amount or value exceeds one thousand rupees, for
every one hundred rupees, or part thereof, in excess of one
thousand rupees, upto five thousand rupees. |
Six rupees and fifty paise. |
When such amount or value exceeds five thousand rupees, for
every two hundred and fifty rupees, or part thereof, in excess
of five thousand rupees, upto ten thousand rupees. |
Twenty five rupees |
When such amount or value exceeds ten thousand rupees, for
every five hundred rupees, or part thereof, in excess of ten
thousand rupees, upto twenty thousand rupees. |
Thirty five rupees |
When such amount or value exceeds twenty thousand rupees, for
every one thousand rupees, or part thereof, in excess of twenty
thousand rupees, upto thirty thousand rupees. |
Forty five rupees |
When such amount or value exceeds thirty thousand rupees, for
every two thousand rupees, or part thereof, in excess of thirty
thousand rupees, upto fifty thousand rupees. |
Sixty rupees |
When such amount or value exceeds fifty thousand rupees, for
every five thousand rupees, or part thereof, in excess of fifty
thousand rupees. |
Eighty rupees |
Provided that the maximum fee leviable on a plaint or
memorandum of appeal shall be fifteen thousand rupees |
|
2. Pliant in a suit for possession under the Specific Relief
Act, 1963 (47 of 1963 ), section 6 |
|
A fee of one half the amount prescribed in the fore-going
scale. |
3. Application to the Collector for reference to the Court
under section 18 of the Land Acquisition Act, 1894 ( 1 of 1894) |
|
One half of fee on the difference between the amount claimed
by the applicant and the amount awarded by the Collector
according to the scale prescribed by Article 1 of this Schedule. |
4. Application for review of judgment, if presented on or
after the ninetieth day from the date of the decree. |
|
The fee leviable on the pliant or memorandum of appeal. |
5. 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. |
6. Copy or translation of a judgment or order not being, or
having the force of, a 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 any other Judicial or Executive
Authority - |
|
(a) If the amount or value of the subject-matter is fifty or
less than fifty rupees. |
Five rupees. |
(b) If such amount or value exceeds fifty rupees. |
Eight rupees. |
When such judgment or order is passed by a High Court. |
Ten rupees. |
7. Copy of a decree or order having the force of a decree. |
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 the subject matter of the suit
wherein such decree or order is made is fifty or less than fifty
rupees. |
Ten rupees. |
(b) If such amount or value exceeds fifty rupees. |
Fifteen rupees |
When such judgment or order is passed by a High Court. |
Twenty rupees |
8. Copy of any document liable to stamp duty under the
Indian Stamp Act, 1899 ( 2 of 1899), when left by any party to
suit or proceeding in place of the original withdrawn |
(a) When the stamp duty chargeable on the original does
not exceed eight annas |
The amount of the duty chargeable on the original. |
(b) In any other case |
One rupee |
9. 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. |
One rupee. |
10. 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 and a half per centum on such amount or value |
When such amount or value exceeds ten thousand rupees, but
does not exceed fifty thousand rupees. |
Three and half per centum on such amount or value. |
When such amount or value exceed fifty thousand rupees. |
Five per centum on such amount or value. |
Provided that when, after the grant of a certificate under
the Indian Succession Act, 1925 (Act 39 of 1925 ), or under any
law for the time being in force 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. |
|
11. Certificate under the Indian Succession Act, 1925 (Act 39
of 1925 ). |
In any case. |
Two and half per centum on the amount or value of any debt or
security specified in the certificate under Part X section 374
of the Act, and three and half per centum on the amount or value
of any debt or security to which the certificate is extended
under section 376 of the Act. |
|
Note:-
(1) 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. |
|
(2) Whether or not any power with respect to a security
specified in a certificate has been conferred under the Act,
and, where such a 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 is the certificate is
applied for, so far as such value can be ascertained. |
12. An application or petition made by any assessee to the
High Court under section 256 of the Income Tax Act, 1961 (43
of 1961). |
|
One half of ad-valorem fee leviable on the amount in dispute
namely, the difference between the amount of tax actually
assessed and the amount of tax admitted by the assessee as
payable by him subject to minimum fee of fifty rupees. |
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TABLE OF RATES OF AD VALOREM FEES LEVIABLE ON THE INSTITUTION OF SUITS
WHEN
THE AMOUNT OR VALUE OF THE SUBJECT MATTER EXCEEDS. |
BUT
DOES NOT EXCEED. |
PROPER
FEE |
- |
5 |
0.50 |
5 |
10 |
1.00 |
10 |
15 |
1.50 |
15 |
20 |
2.00 |
20 |
25 |
2.50 |
25 |
30 |
3.00 |
30 |
35 |
3.50 |
35 |
40 |
4.00 |
40 |
45 |
4.50 |
45 |
50 |
5.00 |
50 |
55 |
5.50 |
55 |
60 |
6.00 |
60 |
65 |
6.50 |
65 |
70 |
7.00 |
70 |
75 |
7.50 |
75 |
80 |
8.00 |
80 |
85 |
8.50 |
85 |
90 |
9.00 |
90 |
95 |
9.50 |
95 |
100 |
10.00 |
100 |
110 |
11.00 |
110 |
120 |
12.00 |
120 |
130 |
13.00 |
130 |
140 |
14.00 |
140 |
150 |
15.00 |
150 |
160 |
16.00 |
160 |
170 |
17.00 |
170 |
180 |
18.00 |
180 |
190 |
19.00 |
190 |
200 |
20.00 |
200 |
210 |
21.00 |
210 |
220 |
22.00 |
220 |
230 |
23.00 |
230 |
240 |
24.00 |
240 |
250 |
25.00 |
250 |
260 |
26.00 |
260 |
270 |
27.00 |
270 |
280 |
28.00 |
280 |
290 |
29.00 |
290 |
300 |
30.00 |
300 |
310 |
31.00 |
310 |
320 |
32.00 |
320 |
330 |
33.00 |
330 |
340 |
34.00 |
340 |
350 |
35.00 |
350 |
360 |
36.00 |
360 |
370 |
37.00 |
370 |
380 |
38.00 |
380 |
390 |
39.00 |
390 |
400 |
40.00 |
400 |
410 |
41.00 |
410 |
420 |
42.00 |
420 |
430 |
43.00 |
430 |
440 |
44.00 |
440 |
450 |
45.00 |
450 |
460 |
46.00 |
460 |
470 |
47.00 |
470 |
480 |
48.00 |
480 |
490 |
49.00 |
490 |
500 |
50.00 |
500 |
510 |
51.00 |
510 |
520 |
52.00 |
520 |
530 |
53.00 |
530 |
540 |
54.00 |
540 |
550 |
55.00 |
550 |
560 |
56.00 |
560 |
570 |
57.00 |
570 |
580 |
58.00 |
580 |
590 |
59.00 |
590 |
600 |
60.00 |
600 |
610 |
61.00 |
610 |
620 |
62.00 |
620 |
630 |
63.00 |
630 |
640 |
64.00 |
640 |
650 |
65.00 |
650 |
660 |
66.00 |
660 |
670 |
67.00 |
670 |
680 |
68.00 |
680 |
690 |
69.00 |
690 |
700 |
70.00 |
700 |
710 |
71.00 |
710 |
720 |
72.00 |
720 |
730 |
73.00 |
730 |
740 |
74.00 |
740 |
750 |
75.00 |
750 |
760 |
76.00 |
760 |
770 |
77.00 |
770 |
780 |
78.00 |
780 |
790 |
79.00 |
790 |
800 |
80.00 |
800 |
810 |
81.00 |
810 |
820 |
82.00 |
820 |
830 |
83.00 |
830 |
840 |
84.00 |
840 |
850 |
85.00 |
850 |
860 |
86.00 |
860 |
870 |
87.00 |
870 |
880 |
88.00 |
880 |
890 |
89.00 |
890 |
900 |
90.00 |
900 |
910 |
91.00 |
910 |
920 |
92.00 |
920 |
930 |
93.00 |
930 |
940 |
94.00 |
940 |
950 |
95.00 |
950 |
960 |
96.00 |
960 |
970 |
97.00 |
970 |
980 |
98.00 |
980 |
990 |
99.00 |
990 |
1000 |
100.00 |
1000 |
1100 |
106.50 |
1100 |
1200 |
112.50 |
1200 |
1300 |
118.75 |
1300 |
1400 |
125.00 |
1400 |
1500 |
131.50 |
1500 |
1600 |
137.50 |
1600 |
1700 |
143.75 |
1700 |
1800 |
150.00 |
1800 |
1900 |
156.50 |
1900 |
2000 |
162.50 |
2000 |
2100 |
168.75 |
2100 |
2200 |
175.00 |
2200 |
2300 |
181.50 |
2300 |
2400 |
187.50 |
2400 |
2500 |
193.75 |
2500 |
2600 |
200.00 |
2600 |
2700 |
206.50 |
2700 |
2800 |
212.50 |
2800 |
2900 |
218.75 |
2900 |
3000 |
225.00 |
3000 |
3100 |
231.50 |
3100 |
3200 |
237.50 |
3200 |
3300 |
243.75 |
3300 |
3400 |
250.00 |
3400 |
3500 |
256.50 |
3500 |
3600 |
262.50 |
3600 |
3700 |
268.75 |
3700 |
3800 |
275.00 |
3800 |
3900 |
281.50 |
3900 |
4000 |
287.50 |
4000 |
4100 |
293.75 |
4100 |
4200 |
300.00 |
4200 |
4300 |
306.50 |
4300 |
4400 |
312.50 |
4400 |
4500 |
318.75 |
4500 |
4600 |
325.00 |
4600 |
4700 |
331.50 |
4700 |
4800 |
337.50 |
4800 |
4900 |
343.75 |
4900 |
5000 |
350.00 |
5000 |
5250 |
370.00 |
5250 |
5500 |
390.00 |
5500 |
5750 |
410.00 |
5750 |
6000 |
430.00 |
6000 |
6250 |
450.00 |
6250 |
6500 |
470.00 |
6500 |
6750 |
490.00 |
6750 |
7000 |
510.00 |
7000 |
7250 |
530.00 |
7250 |
7500 |
550.00 |
7500 |
7750 |
570.00 |
7750 |
8000 |
590.00 |
8000 |
8250 |
610.00 |
8250 |
8500 |
630.00 |
8500 |
8750 |
650.00 |
8750 |
9000 |
670.00 |
9000 |
9250 |
690.00 |
9250 |
9500 |
710.00 |
9500 |
9750 |
730.00 |
9750 |
10000 |
750.00 |
10000 |
10500 |
785.00 |
10500 |
11000 |
820.00 |
11000 |
11500 |
885.00 |
11500 |
12000 |
890.00 |
12000 |
12500 |
925.00 |
12500 |
13000 |
960.00 |
13000 |
13500 |
990.00 |
13500 |
14000 |
1030.00 |
14000 |
14500 |
1065.00 |
14500 |
15000 |
1100.00 |
15000 |
15500 |
1135.00 |
15500 |
16000 |
1170.00 |
16000 |
16500 |
1205.00 |
16500 |
17000 |
1240.00 |
17000 |
17500 |
1275.00 |
17500 |
18000 |
1310.00 |
18000 |
18500 |
1345.00 |
18500 |
19000 |
1380.00 |
19000 |
19500 |
1405.00 |
19500 |
20000 |
1550.00 |
20000 |
21000 |
1485.00 |
21000 |
22000 |
1540.00 |
22000 |
23000 |
1585.00 |
23000 |
24000 |
1630.00 |
24000 |
25000 |
1675.00 |
25000 |
26000 |
1720.00 |
26000 |
27000 |
1765.00 |
27000 |
28000 |
1810.00 |
28000 |
29000 |
1855.00 |
29000 |
30000 |
1900.00 |
30000 |
32000 |
1960.00 |
32000 |
34000 |
2020.00 |
34000 |
36000 |
2080.00 |
36000 |
38000 |
2140.00 |
38000 |
40000 |
2200.00 |
40000 |
42000 |
2260.00 |
42000 |
44000 |
2320.00 |
44000 |
46000 |
2380.00 |
46000 |
48000 |
2440.00 |
48000 |
50000 |
2500.00 |
and
the fee increase at the rate of Rs.80 for every Rs.5000 or part
thereof upto Rs.1,00,000 and over Rs.1,00,000 at the rate of
Rs.100 for every Rs.10,000 or part thereof, upto a maximum of
Rs.15000, for example
|
Rs. |
|
Rs. |
1,00,000 |
|
3300.00 |
2,00,000 |
|
4300.00 |
3,00,000 |
|
5300.00 |
4,00,000 |
|
6300.00 |
5,00,000 |
|
7300.00 |
6,00,000 |
|
8300.00 |
7,00,000 |
|
9300.00 |
8,00,000 |
|
10300.00 |
9,00,000 |
|
11300.00 |
10,00,000 |
|
12300.00 |
11,00,000 |
|
13300.00 |
12,00,000 |
|
14300.00 |
12,70,000 |
|
15000.00 |
13,00,000 |
|
15000.00 |
15,00,000 |
|
15000.00 |
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SCHEDULE II A
(Fixed Fees)
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; |
Two
rupees
|
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; |
Two
rupees |
or
when presented to any Municipal Council under any Act for the
time being in force for the conservancy or improvement of any
place, if the application or petition relates solely to such
conservancy or improvement; |
Two
rupees |
or
when presented to any Civil Court other than a principal Civil
Court of original jurisdiction 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 less than fifty rupees; |
Two
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 on record in
such Court or office. |
Two
rupees |
(b)
When containing a complaint or charge of any offence other than
an offence for which police officers may, under the Criminal
Procedure Code arrest without warrant and presented to any
Criminal Court; |
Two
rupees |
or
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; |
Two
rupees |
or
to deposit in Court revenue or rent; |
Two
rupees |
or
for determination by a Court of the amount of compensation to be
paid by a landlord to his tenant. |
Two
rupees |
(c)
When presented to a Chief Commissioner or other Chief
Controlling Revenue or Executive Authority, or to a Commissioner
of Revenue or Circuit, or to any chief officer charged with the
executive administration of a Division and not otherwise
provided for by this Act. |
Five
rupees |
(d)
When presented to any competent authority for the purpose of
obtaining a certificate of domicile. |
Two
rupees |
(e)
When presented to the High Court - |
|
(i)
for directions, orders or writs under Article 226 for the
enforcement of any of the fundamental rights conferred by Part
III of the Constitution or for the exercise of its jurisdiction
under Article 227 thereof. |
One
hundred and fifty rupees |
(ii)
in any other case not otherwise provided for by this Act. |
Twenty
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 opinion that the
transmission of such records involves the use of the post. |
Five
rupees in addition to any fee levied on the application under
clause (a), cause (b) or clause (d) of Article 1 of this
Schedule. |
3.
Application for leave to sue as a pauper |
-
do - |
One
rupee |
4.
Application for leave to appeal as a pauper
|
(a)
When presented to a District Court |
Five
rupees |
(b)
When presented to a Commissioner or a High Court. |
Five
rupees |
5.
Revision application when presented to the High Court under
section 115 of the Code of Civil Procedure, 1908 (5 of 1908) |
|
Ten
rupees |
6.
Plaint or memorandum of appeal in a suit to obtain possession
under the Goa, Daman and Diu Mamlatdars Court Act, 1966 (Act
9 of 1966). |
|
Two
rupees |
7.
Plaint or memorandum of appeal in a suit to establish or
disprove a right of occupancy. |
|
Two
rupees |
8.
Bail bond or other instrument of obligation given in pursuance
of an order made by a Court or Magistrate under any section of
the Code of Criminal Procedure, 1973 ( 2 of 1974 ) or the Code
of Civil Procedure, 1908 ( 5 of 1908),and not otherwise provided
for by this Act. |
|
Three
rupees |
9.
Undertaking under section 49 of the Indian Divorce Act, 1869 ( 4
of 1869) or under any corresponding other law for time being in
force. |
|
Five
rupees |
10.
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
Collector or Magistrate, or other executive officer, except such
as are mentioned in clauses (b) and (c) of this number. |
Three
rupees |
(b)
to a Commissioner of Revenue, Circuit or Customs, or to any
Officer charged with the executive administration of a Division,
not being the Chief Revenue or Executive Authority |
Four
rupees |
(c)to
a High Court, Chief Commissioner, Board of Revenue, or other
Chief Controlling Revenue or Executive Authority |
Five
rupees |
11.
Memorandum of appeal when the appeal is not from a decree or an
order having a force of 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. |
Five
rupees |
(b)
to a High Court or Chief Controlling Executive or Revenue
Authority. |
Ten
rupees |
12.
Caveat
|
(1)
When the amount or value of the property involved odes not
exceed two thousand rupees. |
Ten
rupees |
(2)
When the amount or value of the property involved exceeds two
thousand rupees |
Twenty
five rupees |
13.
Application for permission to cut timber in Government Forest or
otherwise relating to such forest. |
|
Two
rupees |
14.
Memorandum of appeal presented to -
|
(1)
State Government where no fee has been prescribed under any
relevant law. |
Five
rupees |
(2)
any forest Officer where such appeal is provided for by or under
the Indian Forest Act, 1927 (16 of 1927) or any corresponding
law in force, where no specific fee is specified. |
Two
rupees |
15.
Plaint or memorandum of appeal in each of the following suits - |
|
|
(i)
to alter or set aside a summary decision or order of any of the
Civil Courts not established by Letters Patent or of any Revenue
Court; |
|
Twenty
five rupees |
(ii)
to alter or cancel any entry in a register of the names of
proprietors of revenue paying estates; |
|
Twenty
five rupees |
(iii)
to obtain a declaratory decree where no consequential relief is
prayed; |
|
Twenty
five rupees |
(iv)to
set aside an award; |
|
Twenty
five rupees |
(v)
to seta side an adoption; |
|
Twenty
five rupees |
(vi)
every other suit where it is not possible to estimate at
money-value the subject-matter in dispute, and which is not
otherwise provided for by this Act. |
|
Twenty
five rupees |
16.
Agreement in writing stating a question for the opinion of the
Court under the Code of Civil Procedure, 1908 (5 of 1908 ) |
|
Twenty
five rupees |
17.
Every petition under the Indian Divorce Act, 1869 (4 of 1869),
except petitions under section 144 of the same Act, and every
memorandum of appeal under section 55 of the same Act. |
|
Fifty
rupees |
Amendment Date : - 09th April, 1997
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|