Delhi Court Fee Amendment ACT 2012

..T0^rJ^Mi^-) (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. By order and in the name of the Lt. Governor of the National Capital Territory of Delhi 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. NOTIFICATION ' (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: (NILAWOHANAN)SPL. INSPECTOR GENERAL OF REVENUE-I 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 1958 Pago.004 18:21 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 (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 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. One-half of the fee leviable on the plaint or memorandum ofoppeal. The fee leviable on the piaint or memorandum of appeal. Application for revie^ of judgment, if pfcsented.:on or after the ninetieth day from the date of. the decree. Application for review of judgment, if presented before the ninetieth day from the date of the decree. 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. Snme as prescribed iu the foregoing scale (vide Article I) calculated in terms with value of the Instrument. -j.Complaint under section 138 of the Negotiable - Instrument Act, I S31 (36 of I S31 j. A fee of .one-half the amount prescribed in (he foregoing scale (vide Article I). Plaint in suit ~ for possession under section 0 of the' Specific Relief Act. 1963 (47 of 1963). Two percentum on such amount or . value or one thousand rupees whichever is more: Three pereemum on such amount or value;. Four percentum on such amount or value. ' y twenty Inlch rupees; iii)ubovc twenty lakh rupees; subject matter in dispute is - i) upio fifty (hpusond rupees; pleading, a set off or counterclaimor memorandum of appeal (not otherwise provided for under any of these Schedules of the Court Fees Act, 1870 (7 of n) fifty thousand one rupees upto' 1370^ or of cross objection presented to uny Civil or Revenue Court except those mentioned in section 8. Pluiut, written statement. When the oniounl or value of Proper feeNumber -SCHEDULE! (AS APPLICABLE TO THE NATIONAL CAI'I TAL TERRITORY OP DELHIl AD VALOREM FEES 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 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. When the amount or value of the Two and one-half per centum on property in respect of which the such amount or vnlue. grant of probate or letters is made exceeds one lakh rupees.' but does not exceed ten lakh rupees.' ^or ^^v&y three hundred and T^n rupees. sixty words or fraction of three hundred and sixty words. Ten rupees. in any other c^se. <a) When the stump duty One rupees, chargeable on the original does not exceed one rupees. When ^tich judgment or order is Twenty rupees per page, pas^ed by u High Court. When uch decree or order is Tenrupeospcrpage. made by .any Civil- Court oilier • than a High Col... or by any ^evenue Court. When such'decree dr order w Twenty rupee^ per page, by a High Court. 9.Copy of any ^ocuments liable to stamp duty under the Indian Stamp Act. 1899, when left "by nny party to D suit or proceeding in pluce of the originalwithdrawn, provided such copy is not subject to any duty upder the lndia^ Stamp Act. 1899. It).Copy of any revenue or judicial proceeding or 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 II. ' ^robate of Will or Letters" • of Administration with ,or without Will annexed. Copy of decree or order havi^g the force of a decree. of appeal. " The fee leviable on u memorandum Ooe hundred mpeeri.Uv^^ **^jf ascertained. -s^^s. far as such value can be in the certificate is applied for, so which the Inclusion of the security is its market-value on the dny on purposes, the value of the security of, the security of for both on or for the negotiation or transfer receiving of interest or dividends whether the power is for the power has been so conferred. under it̂ Act nnd where such n certificate has been conferred respect to a security specified in it (2) Whether or not any power with ascertained. for, so for as such amount- can be the debt in the certificate is applied Aie.day on which the inclusion of its amount; including interest on Note. - (1) The amount of a debt is under section 37(3 of the Act. which the certificate is -extended value of any debt or security to four per centum on the amount or . '' under section 374 of the Act, nnd __ ' security specified in the certificate the amount or value of any dcbl or T\^o and one-half per centum or. exceeds fifty thousand rupees. When such nmount or value not exceed fifty thousand rupees. subject-mutter in dispute does •- When the amount or value of the • of the former grant. amount of the fee paid in respect gram shall be reduced by the payable in respect of the latter of the same estate, th^ lee administration is made in respect gram of probate or letters of property included in nn estate, a of 1887). Tenancy Act. |887 (16 section 84 of the Punjnb jurisdiction under its revision;! 1 Delhi for the exercise of , the Lt. Governor of Delhi or to the Court of Capital Territory of extended to the National Courts Act, 19IB as section 44 of the Punjab Jurisdiction under exercise of its Court of Delhi for the 13. Application to the High Act. 1925 (39 of 1925) of the Indian Succession \?- Certificaic under Pan-X — 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. 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 Application or petition Proper fee Number ^SCHEDULE II^AS APPLICABLE TO THE NATIONAL CAPITALTERRITOHV OF ^^LHt) FIXED FEES One hundred rupees: When presented to a Civil Criminal or Revenue Court or to a Collector or nny. Revenue Officer having jurisdiction equal orsubordinate 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- (I) under article 226 of foe ' Constitution of India other thanpetition for habeaus corpus and, 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, specifically provided.Application in any CivilWhen the Court-.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. (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; One hundred titty rupees. Two hundred rupees. Two hundred rupees. Two hundred rupees. One hundred fifty rupees.. Pinint or memorandum of appeal in each of the following suits :- (i) To alter or set aside n summary decision or order df liny of the Civl) Courts not established by Letters Potent or of any Revenue Court) (li) to otter or cancel nny entry in o register of the names of proprietors of revenue paying estates; (iif) to obtain n declaratory decreu where no consequential ratief is prayed: (iv) to sac aside an adoption; Every petition or applicationor memorandum of appeal under the Special 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). •}. 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. One hundred twenty five rupees. One hundred twenty 1i> e rupees. Undertaking under section 49 of the Divorce Act, 1869(4 of 1869). Plaint or memorandum of appeal in a suit lo establish or disprove a right of occupancy. \ Or.; hundred fifty Rupees. One thousand rupees or one percentum of die amount uw&rdeiJ. whichever is more. One thousand rupees or one perccntum of the amount awarded, whichever is more. One thousand rupees dr one perccntum of the amount awarded in the Award, whiche Agreement In writing stating a question for the opinion of die Court Under the Code of Civil Procedure. 1908 (5 of 1908) (iv) for setting aside die When made before • arbitral award under i) a Civil Judge; auction 34:ii) a District Judge: in) the High Court: Memorandum of appeal under section 37; (lii) for seeking when made before - enforcement of an award i) a Civil Judge; under section 3d;ii) a District Judge: lift the High Court: Two hundred fifty rupees. Five hundred rupees. One tliousnmi rupees. (ii) for court assistance in when made before - taking evidence under I) a Civil Judge: section ^7;ii) a District Judge: lii) the High Court: Two hundred fifty rupees. Five hundred rupees. One thousand rupees. (D for appointment of When made before - ' Arbitrator under section i) a Civil Judge; litii) a District Judge: iif) the High Court: Applicalionunder the Arbitration.and- ConciiiationAW, I99fi 6 of 19%) P. Oat hundred fh.y rupees. ^v) every* oilier suit w^er^ it is not possible to 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). when riled before the High One fhousand rupees., Court: five hundred rupees. TWO .hundred fifty nipaes. ,".) wlicn tiled before a District Judge: (a) When filed before a Civil Judge: five diousand rupees bur does not exceeds len thousimd rupees. (b) where die amount exceeds tan One thousand five Hundred rupees, thousand rupees,• -•. from an order or decision passed under the provision, of section 45S of . die Banking Companies. Act, 1949 (I Oof 1949). Executionpetition seskin." enforcement of ally judgment, order or decree passeci ~ by any court.x (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. (a) Where the amount does not One hundred fifty rupees, exceeds two dmusand five hundred rupees.y One hulidred ftfty rupees. ' One hundred fifty rupees. One hundred fifty rupees. H. ."tarn! or memorandum of appeal under die Pnrsi 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 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 Rent Control Act, 1958 (59of IMS). 14. Claims * for money (whether' secured or unsecured) or a claim to set otf made against such ejahns or counter' . One hundred fifty rupees. Every petition under lire Divorce Act. I5S9 (4 of iS6'9) except petition* under section 44 of the same Act, and every nntmonindum of appeal under section 55 of die same Act, 16. Two thousand and five hundred rupees. One hundred and fifty rupees. when filed before tiny other court exercising appellate jurisdiction. When filed before the High Court., Two hundred and fifty rupees. 23s- First Appeal against order under section 104 •read with Order 43 of lite Code of Civil Procedure, 1908(3 of 1908). 24Under the Companies Act, 1936(1 of 1956)- (i) •• Any proceeding relating to Winding up of a company under chapter II of part Vl| of the said Act. 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. One hundred rupees. . CnntimdRevision Petition under section 401 of the Code of Criminal Procedure, 1973 (2 of 1974). before the 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. ' . Two hundred and fifty rupees. .-19.Petition under section i.482 of the Code of'. ?Criminal Procedure. 1073 (2 of 1974) before ifdie High Court. (C) When filed- before Chief Two hundred fifiy rupees. Metropolitan Magistrate. Five thousand rupees. Election petition Under We Representation of People Act. 1031 143 of 10.11). all of the Code of Criminal Procedure 1073 (2 of 1974) Tr^nsfer pcfiiioiy unoer (a) section 24 of lie Code of Civil Procedure, 100^; or under sections 402 io (bj When filed Wore High One thousand rupees. Cowl. When filed bettre Sessio^ Five hundred rupees. Judge/District lu:lge. It. 'X. filve hundred rupees;When filed before a Civil JudgeAny suit or petition under the htrelicctunl i'roperty Rights. Two hundred and fifty rupees. Appail under the Motor Vehicles Act, 1988 (59 of 1988) against, the award passed by a Motor AccidentsClaims Tribunal. 39. 3: Ctaini petition under Hie filled before n Motor Accidents One hundred rupees. Motor Vehicles Act Claims Tribunal. T988(i9ofl9i|S). One hundred rupees. One hundred rupees. ' Appeal under* the Contempt of Court Act. I97l(7Oofl97l) Contempt petition under, die Contempt of Court Act. 1971 (30 of 1971). • 37. Rive hundred rupees. ^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. (v) Any uppcul under Hie Companies Act. 19^0 (! of 195(5). Caveat appficatiQiili. Two iiundi^d mid fifty rupees. two thousand dud five hundred rupees. •wo thousand iril live hundred rupees. (it) ^oe an)' -proceeding seekin^ snnctfoq of flic court t^ til-.1 schtfriit of nnycompromis ,̂ arrangement, reconstructionor ilinal^iimation ere. under chapter V of pan VJ of ilie said Act. (in) Any proceeding 10 prevenroppression and/or mismanagement or any other judicial action under chapier VI of part VI of die said - Act. (iv) Any other petition tinder the said Act for •ta^ing any Judicial action. ^_. \ fTarun Sahrawut) Addl. Secretary (Law, Justice & L.A.) Two hundred,nnd fifty rupees. Five hundred rupees." when filed before n District Judge. whe'iT^^^d hclure the High Court, Any other suit or petition Wls fllud beftme a Civil Judge. % One hundred nipces. not eoveiod Itoreinnbove * ft Five hundred rupees. Revision petition filed under die Delhi Rent Control Act. I9S8 (59 of !95S) against the order of ihu Rent Controller or Ren! Control Tribunal, filed before . die High Court. 34. Five hundred rupees. One hundred or one percentutn. . of die valuation . of the suit, whichever is tnorc; . Two hundred fifty or one pcrccntum of the valuation of the suit whichever is more; Rve hundred or one pcrcnnlum. or the vhluation of the null whichever is nsore. 33. Revision petition Under section 115 of Use Code of Civil Procedure. 1908 •' (6 of 1908). tiled before < the High Court. SI. Any suit under the ' When Bled before a Civil Judge. Pannership Act, 1932 ; (9 or 1932) lor re^ditioni . ol' accounts nnd/or.partition or for any relief • when filed before a District fudge. under the Untiled ' Liability Partnership Act. 2001.when tiled before die High Own. "'U One thousand rupees. -Five thousand rupees. Five ihousaud'rupues. when filed before Ihc Hi^h Court. • when filed before I! Appeal relating to end under the Income Tax Act. 1061 (43 of 1061) or ilte velih Tax Act, 1957 (17 of 1957). u.