CHAPTER XXII Court fees The following provisions of the Bombay ...

CHAPTER XXIICourt feesThe following provisions of the Bombay Court Fees Act, 1959 (Bombay Act No.XXXVIof 1959) are reproduced below for the immediate reference and guidance of the Courts:­Rate of Fee in force on date of presentation of Document to be Applicable1. All fees shall be charged and collected under the Act at the rate in force on thedate on which the document chargeable to Court fee is or was presented. (Section 36).Collection of fees by Stamps2. All fees referred to in section 3 or chargeable under the Act shall be collected bystamps (Section 37).Collection of Stamp3. No document requiring a stamp under the Act shall be filed or acted upon in anyproceeding in any Court or Office until the stamp has been cancelled.Such Officer as the Court or the Head of Office may from time to time appointshall, on receiving any such document, forthwith effect such cancellation by punching outthe figure­head so as to leave the amount designated on the stamp untouched, and the partremoved by punching shall be burnt or otherwise destroyed. (Section 42).Admission of Criminal Cases of Document for which proper Fee hasnot been paid.4. Whenever the filing or exhibition in a criminal Court of a document in respect ofwhich 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 5 of the Act, shallbe deemed to prohibit such filing or exhibition.(Section 44).Documents chargeable with Court­fees

5. The following documents are chargeable with Court fees prescribed under the Actas shown against them (Schedule II, Articles 1 to 4, 7, 9, 10, 12, 27 and 37):­Number1 2Proper Fee31 Application orpetition...When presented to any Civil Criminalor Revenue Court, or to any Board orExecutive Officer for the purpose ofobtaining a Copy of translation of anyjudgment, decree or order passed bysuch Court, Board or officer, or of anyother document on record in such Courtor office..Twenty paise2 Application orpetition...When containing a complaint orcharge of any offence and presented toany criminal Court;orWhen presented to a Civil,Criminal orRevenue Court, or to a Collector or anyRevenue Officer or a Public Officerhaving jurisdiction equal or subordinateto a Collector, or to any Magistrate inhis executive capacity and not otherwiseprovided for by the Act...Sixty­five paise.3 Application orpetition...When presented to any competentauthority for the purpose of obtaining acertificate of domicile...One Rupee.

4 First Application( other than a petitioncontaining a criminalcharge orinformation) for thesummons of awitness or otherperson to attendeither to giveevidence or toproduce a document,or in respect of theproduction or filingof an exhibit notbeing an affidavit,made for theimmediate purpose ofbeing produced inCourt... ..Fifty paise.5 Plaint ormemorandum ofappeal in a suit toobtain possessionunder theMamlatdars' CourtsAct, 1906... .. .. One rupee.

6 Bail bond or otherinstrument ofobligation given inpursuance of an ordermade by a Court orMagistrate under theCode of criminalProcedure, 1973, orunder the Code ofCivilProcedure,1908... .. .. ..One Rupee andtwenty five paise.7 All other Bail bondsgiven under the Codeof CriminalProcedure ,1973 andre­cognizance to forpersonal appearanceor otherwise... ..Twenty five paise8 Mukhtarnama orVakalatnama..When presented for the conduct of onecase to any civil or Criminal Courtother than the high Court, or to anyrevenue Court, or to any collector orMagistrate, or other Executive Officer...Two rupees.

9 Copy of any revenueor judicial proceedingor order nototherwise providedfor by this Act, orCopy of any amount,statement, report orlike, taken out of anycivil or Criminal orRevenue Court oroffice,or from theoffice of any ChiefOfficer charged withthe ExecutiveAdministration of adivision... For every three hundred and sixtywords or fraction of three hundred andsixty words...Sixty five paise.10Application made bya party to theMagistrate undersection 145 of theCode of CriminalProcedure... .. .. One Rupee.Written Examination of Complainants6. When the first or only examination of a person who complains of the offence ofwrongful confinement, or wrongful restraint, or of any offence other than an offence forwhich Police Officers may arrest without a warrant, and who has not already presented apetition on which a fee has been levied under this Act, is reduced to writing under theprovisions of the Code of Criminal Procedure,1973, the complainant shall pay a fee ofone rupee unless the Court thinks fit to remit such payment. (Section 19).Exemption of certain Documents7. Nothing contained in the Act shall render the following documents chargeable

with any fee:­(i) Application for certified copies of documents or for any other purpose in thecourse of a criminal proceeding presented by or on behalf of the State Government toCriminal court.( ii ) Petition, application, charge or information respecting any offence whenpresented, made or laid to or before a Police Officer,or to or before the heads of Villagesor the Village Police.(iii) Petition by prisoner, or other person in duress or under restraint of any Court orits Officers.( iv) Complaint of a public servant (as defined in the Indian Penal Code), a MunicipalOfficer, or an officer, or servant of a Railway(v)Application for the payment of money due by Government to the applicant.(vi) Petition or appeal against any Municipal tax ( Section 20).(vii) Bond executed by prisoners or other persons in duress or under restraint of anyCourt or its Officer for their release in accordance with the orders of the court.Remittance of Court­fees payable by Scheduled Tribes8. ( 1) The Government of Maharashtra in the Law and Judiciary Department byits Notifications No.CFA/1759/90069­H, dated the 11 th February 1963 and 4 th September1963, as amended from time to time and as lastly amended by its Notification in theRevenue and Forests Department, no.CTF/1377/165828/M­I, dated the 31 st May 1977and Government Notification, Law and Judiciary Department No.CFA­1178/249­(58)­X,dated the28th September, 1979,has remitted the fees payable by members of theScheduled Tribes specified in Part­IX of the Schedule annexed to the Constitution(Scheduled Tribes) Order, 1950 (reproduced as sub­paragraph (3) of Paragraph 8) inrespect of documents of any of the kinds specified in the First or Second Schedule to theCourt­fees Act, to be filed, executed or recorded in any Civil or Criminal Court.(2) The exemption granted by the Notification referred to in sub­paragraph(1) above,will remain in force up to and inclusive of the 31 st day of March,1984.

SCHEDULEPART IX­ MAHARASHTRA1. Andh.2. Baiga.3. Barda.4. Bavacha, Bamcha.5. Bhaina.6. Bharia Bhumia, BhuinharBhumia, Pande.7. Bhattra.8. Bhail, Bhil Garasia, Dholi Bhil, Dungri Bhil Dungri Garasia, Mewasi Bhil,Rawal Bhil, Tadvi Bhil, Bhagalia, Bhilala, Pawra,Vasava, Vasave.9. Bhunjia.10. Bhinjhwar.11. Birhul, Birher.12. Chodhara ( excluding Akola, Amravati, Bhandara,Buldana, Chandrapur, Nagpur,Wardha, Yavatmal, Aurangabad, Beed, Nanded,Osmanabad and Parbhani Districts).13. Dhanka, Tadvi, Tetaria, Valvi.14. Dhanwar.15. Dhondia.16. Dulba, Talavia, Halpati.17. Gamit,Gamta,Gavit, Mavchi, Padvi.18. Gond Rajgond, Arakh, Arrakh, Agaria, Asur, Badi Maria, Bada Maria, BhatolaBhimma, Bhuta, Koilabhuta,Koilabhuti, Bhar, Disonhorn Maria,ChotaMaria,DandamiMaria, Dhuru, Dhurwa,Dhoba,Dhulia, Dorla, Gaiki, Gatta,Gatti, Gaita, Gond Gowari, Hill Maria, Kandra, Kalanga, Khatola, Koitar, Koya,Khirwar, Khirwar, Khirwara, KuchaMaria, KuchakiMaria, Madi,Maria,Mana,Mannewar, Moghya,Mogia, Monghya, Mudia, Muria, Nagarchi, Naikpod,Nagwanshi,Ojha,Raj,Sonjhari Jhareka, Thatia, Thotya, Wade Maria, Vade Maria.19. Halba,Halbi.20. Kamar.21. Kathodi, Katkari Dhor, Kathodi, DhorKathkari, Son Kathodi, Son Katkari.22. Kawar, Kanwar, Kaur, Cherwa, Rathia,Tanwar, Chattri.23. Khairwar.24. Kharia.25. Kokna, Kokni Kukna.

26. Kol.27. Kolam, Mannervarlu.28. Koli, Dhor, Tokre­Koli, Kolcha, Kolgha.29. Koli Mahadev, Dongar Koli.30. Koli Malhar.31. Kondh,Kond, Kandh.32. Korku, Bopchi, Mouasi, Nihal, Nahul,Dondhi,Bondeya.33. Koya, lBhine Koya, Rajkoya.34. Nagesia, Nagasia.35. Naikda, Nayaka,Cholivala, Nayaka, Kapadia Nayaka, MotaNayaka, NanaNayaka.36. Oraon, Dhangad.37. Pardhan, Pathari,Saroti.38. Pardhi, Advichincher, Phans Pardhi, Phanse Pardhi, Langoli Pardhi, Bahelia,Bahellia, chita Pardhi, Shikari, Tankankar, Takia.39. Parja.40. Patelia.41. Pomla.42. Rathawa.43. Sawar, Sawara.44 Thakur, Thakar, Ka Thakur,Ka Thakar,Ma Thakur, Ma Thakar.45 Thoti ( in Aurangabad, Beed, Nanded, Osmanabad and Parbhani Districts andRajura Tahsil of Chandrapur District.)46. Varli.47. Vitelia, Kotwalia, Barodia.