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THE COURT – FEES ( GOA AMENDMENT ) ACT, 1997



 

   

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 Mamlatdar’s 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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Home :: Members :: High Court Legal Service Committee :: District Legal services Authority 
Taluka Legal Service Committee :: Court Fees :: Activities :: Legal Aid Clinics :: Lok Adalat Scheme  
Rules & Regulations :: High Court of Bombay at Goa :: Related Links