The West Bengal Court-Fees Act, 1970 PDF

West Bengal Act X of 19701
THE WEST BENGAL COURT-FEES ACT, 1970.

West Ben. Act XLII of 1974.
AMENDED .. . . West Ben. Act XXI of 1980.
West Ben. Act XV of 1984. West
Ben. Act XXIX of 1985.
[26th February, 1970.]
An Act to amend and consolidate cite law relating to court-fees in the State of
West Bengal.
WHEREAS it is expedient to amend and consolidate the law relating to court-

fees in the State of West Bengal;
It is hereby enacted in the Twenty-first Year of the Republic of India, by the
Legislature of Wesi Bengal, as follows:—
CHAPTER I
Preliminary.
1. (I) This Act may be called the West Bengal Court-fees Act, Short litlc.
1070 extern and
17
. application.
(2) It extends lo ihe whole of the Stale of West Bengal,
(3) The provisions of this Act shall not apply to fees or stamps relating
lo documents presented or to be presented before any officer serving under
the Central Government.
(4) Where any other law contains provisions relating to the levy of fee
in respect of proceedings under such other law, the provisions of this Act
relating to the levy of fee in respect of such proceedings shall apply subjcct
to the said provisions of such other law.
2. In this Act, unless there is anything repugnant in the subject or Definitions, context,—
(1) "appeal" includes a cross-objection;
(2) "Collector" includes any officer not below the rank of a Sub-
Deputy Collector appointed by the Collector to perform the
functions of a Collector under this Act;
(3) "Court" means any Civil, Revenue or Criminal Court and
includes a Tribunal or other authority having jurisdiction under
any local or special law to decide questions affecting the rights of
parties;
'For S laic men 1 of Objects and Reasons, see the Calcutta Gazette, Extraordinary,
Part 1VA of the 30(h Januaty. 1970, page 285; for proceedings of the West Bengal Legislative
Assembly, sec the proceedings of [he nice ling of (hat Assembly held on 9lh February, 1970.
(Chapter II.—Fees payable in Courts and in Public Offices.—Secliotis 3, 4.)
246 The West Bengal Court-fees Act, 1970.
[West Ben. Act
(4) "suit" includes an appeal from a decree except in section 9;
(5) expressions used and not defined in this Act or in the Bengal Ben. Aci I or General
Clauses Aci, 1899, but defined in the Code of Civil Procedure, 1908, shall have the
meanings respectively
assigned to them in the said Code.
CHAPTER II Fees payable in Courts and in Public Officcs.
3. The fees for the lime being chargeable in the Court of Small Causes at
Calcutta, and iis office shall be collected in the manner hereinafter appearing.
4. (1) No document which is chargeable with fee under this Act shall—
(i) be filed, exhibited or recorded in, or be acted on or furnished by, any
Court including the High Court, or
(ii) be filed, exhibited or recorded in any public office'or be acted on or
furnished by any public officer,
Levy or feirs
in Court or unless in respect of such document there be paid a fee of an amount not
Small less than that indicated as chargeable under this Act:
Causes.
Calculla. Provided that, whenever the filing or exhibition in a Criminal Court of
Levy of tec in
a document in respect of which (he proper fee has not been paid is, in the
Courts and opinion of the Court, necessary to prevent a failure of justice, nothing
public
offices.
contained in this section shall be deemed to prohibit such filing or
exhibition:
'Provided further that no fees chargeable under this Act shall be payable on
documents that may be filed by the Slate Government in any proceedings before a
Civil Court including High Court.
Explanation.—For the purposes of this proviso "documents" means and includes
plaints, memorandum of appeal, petitions and papers of any kind required to be filed
in connection with any proceedings before a Civil Court including High Court.
(2) Notwithstanding anything contained in sub-section (1) or in any other Act, a
Court may receive a plaint or memorandum of appeal in respect of which an
insufficient fee has been paid subject to the condition that the plaint or memorandum
or appeal shall be rejected unless the plaintiff or appellant, as the case may be, pays to
the Court within a lime to be fixed by the Court such reasonable sum on account of
court-fees as the Court may direct.
'The proviso with "Explanation" was inserted by s. 2 of ihc WesL Bengal Court-fccs (Amendment) Aci,
1984 (Wesl Ben. Aci XV of 1984).
The Wei/ Bengal Conn-fees Act, 1970. 247
X of 1970.]
(Chapter II.—Fees payable in Courts and in Public Offices.—Sections 5, 6.—
Chapter III.—Computation of fees.—Section 7.)
5. (J) In case any difference arises between ihe officer whose duty il is to
see that any fee is paid under this Act and any suitor or his pleader as to the
necessity of paying a fee or the amount thereof, the question shall, when ihe
difference arises in the High Court, be referred to the Taxing Officer whose
Procedure in
decision thereon shall be final, subject to revision, on an application made ease of
williin sixty days from the date of the decision, by ihe suitor or by his pleader, difference as
or such officer as may be appointed in this behalf by the Slate Government, by lo necessity of
amount of fee.
the Chief Justice or by such Judge of the High Court as the Chief Justice shall
appoint either generally or specially in this behalf. ■
(2) When any such difference arises in the Court of Small Causes at
Calcutta, the question shall be referred lo the Registrar of the Court of Small
Causes at Calcutta whose decision shall be final, subject to revision, on
application made within sixty days from the dale of the decision, by ihe party
concerned or such officer as may be appointed in this behalf by ihe Slate
Government, by the Chief Judge or by such Judge of ihe Court of Small Causes
at Calcutta as the Chief Judge shall appoint either generally or specially in this
behalf.
(3) The Chief Juslicc shall declare who shall be the Taxing Officer within
the meaning of sub-section (1) of ihis section.
6. Notwithstanding anything contained in this Act or in any other law for

Document
the lime being in forcc, no document of any of the kinds chargeable under this inadmissible
Act shall be filed, exhibited or recorded in any Court including the High Court, unless fees co
lice ted by
or shall be received, furnished or acted upon by any such Court or by any stamp
public officer, unless, in respect of such document, the stamp referred to in purchased in
West
section 39 has been purchased from a person authorised or appointed lo sell
Bengal.
stamps in West Bengal.
CHAPTER in Computation of fees.
7. The amount of fee payable under this Act in the suits next hereinafter
mentioned shall be computed as follows:— Compulation
of fees
(i) ]n suits for money including suits for damages or compensation, or payable in
curtain suits,
arrears of maintenance, of annuities, or of other sums payable for money;
periodically-—according lo the amount claimed:
'Provided lhaino fee shall be payable in suits for damages for
defamation;
'Proviso was inserted by s. 2 of the West Bengal Court-fees (Amendment) Acl, 1974 (West Ben.
Acl XLI1 of 1974),
[West Ben. Act
(Chapter III.—Computation of fees.—Section 7.)
(ii) In suits for maintenance and annuities or other sums payable

Tor mainte-
nance and periodically—according to the value of the subject-matter of the suit, and
annul tie.';; such value shall be deemed to be len limes the amount claimed lo be
payable for one year:
Provided that in suiis by widows for maintenance such value shall
be deemed lo be the amount claimed lo be payable for one year;
(iii) In suits for movable property other than money, where the subject-mailer
has a market value—according to such value al the date of presenting the
for movable
prapeny having
plaint;
a market value:
(iv) In suits—
for movable
property of no (a) for movable property where the subject-matter has no market value,
market value; as for instance, in the case of documents relating lo title,
(b) to obtain a declaratory decree or order, where consequential relief is
for prayed,
declaratory
decree an J
consequen-
tial relief; (c) to obtain an injunction, .
Tor (d) for a right to some benefit (not herein otherwise provided for) lo
injunction; arise out of land, and
Tor (e) for accounts—
according to the amount al which the relicT sought is valued in
else me nt;
ihe plaini or memorandum of appeal subject lo ihe provisions of
for accounts: section 11.
In all such suits the plaintiff shall slate the amount at which he
values ihe relief sought.
(v) In suits for the possession of land, buildings or gardens, not being suits
referred to in clausc (vi)—
(a) according lo Ihe value of the subject-matter, and such value shall be
deemed lo be fifteen limes ihe net profits which have arisen from the
for
possession
land, building or garden during ihe year next before the date of
of land, presenting ihe plaint, or if the Court sees reason lo think that such
buildings or profits have been wrongly estimated, fifteen times such amount as
gardens:
ihe Courl may assess as such profits or according to the market-
value of the land, building or garden, whichever is lower;
(b) if, in ihe opinion of the Court, such profits are not readily
ascertainable or assessable, or where (here are no such profits,
according to ihe market-value of the land, building or garden;
X of 1970.]
The Wesf Bengal Court-fees Act, 1970. 249
(Chapter HI.—Computation of fees.—Section 7.)
Explanation.—In this paragraph "building" includes a house, out-

house, stable, privy, urinal, shed, hui, wall and any olhersuch structure,
whether of masonry, bricks, wood, mud, metal or any other material
whatsoever;
(vi) In a suit for recovery of possession of immovable property from—
(a) a irespasser, where no declaration of title to property is either Tor
recovery of
prayed for or necessary for disposal of the suit—according to possession
the amount al which Ihe relief sought is valued in the plaint of
immovable
subject to the provisions of section II; property;
(b) a licensee upon revocation or termination of his license,—
(i) where a license fee is payable by (he licensee in respect of the
immovable property to which the suit refers—according to
the amount of the license fee of the immovable property
payable for ihe year next before the date of presenting the
plaint, or
(ii) where no such license fee is payable by the licensee—
according to the amount at which the relief sought is valued
on Lhe plaint subject to the provisions of section 11;
(vii) In suits to enforce a right of pre-emption—according to lhe market-
value of lhe land, building or garden in respect of which the right is
claimcd;
Explanation.—In this paragraph "building" has the same meaning
as in paragraph (v);
(viii) In suits for partition and separate possession of a share of joint family
property or of a joint property, or to enforce a right to a share in any
property on the ground that it is joint family property or joint to enforce a
right of pre-
property—if the plaintiff has been excluded from possession of the empt ion;
property of which he claims to be a coparcener or co-owner—
according to the market-value of lhe share in respcct of which lhe suit
is instituted;
(ix) In suits for lhe interest of an assignee of land-revenue— fifteen times Tor pa nil ion
his net profits as such for the year next before lhe dale of presenting and separate
possession of
the plaint; a share of
(x) In suits lo sel aside an attachment of land or of an interest in land or joinl family
properly, etc.;
revenue—according to lhe amount For which the land or interest was
attached;
for interest of
assignee of
land- revenue;
(o sel aside an
attachment;
[West Ben. Act
C Chapter 111.—Computation of fees.—Section S.)
Provided that, where such amount exceeds the value of the

land or interest, the amount of fee shall be computed as if the
suit were for the possession of such land or interest;
LO redeem; (xi) In suits against a mortgagee for (he recovery of the property
mortgaged,
to foreclose; and in suits by a mortgagee to foreclose the mortgage,
or where the mortgage is made by conditional sale, to have the
sale declared absolute—-
according to the principal money expressed to be secured by
the instrument of mortgage;
for specific (xii) In suits for specific performance—
mancc: (a) of a contract of sale—according (o the amount of the
consideration,
■ (b) of a contract of mortgage—according to the amount
agreed 10 be secured,
(c) of a contract of lease—according to the aggregate amount
of the fine or premium (if any) and of the rent agreed to be
paid during the first year oF the term,
(d) of an award—according to the"amount or value of the
property in dispute;
between (xiii) In the following suits between landlord and tenant—
landlord and ,„„,, , ,, .,
tenant: (a) for the delivery by a tenant of Ihe counterpart of a lease,
(b) to enhance the rent of a tenant having a right of occupancy,
(c) for the delivery by a landlord of a lease,
(d) for Ihe recovery of immovable property from a tenant
including a tenant holding over after the determination of a
tenancy,
(e) to contest a notice of ejectment,
(f) to recover the occupancy of immovable property from
which a tenant has been illegally ejected by the landlord,
and
(g) for abatement of rent—
according to the amount of the rent or the immovable
property to which the suit refers, payable for the year next before
the date of presenting the plaint.
Fes on 8. The amount of fee payable under this Acl on a memorandum

ofappeai °f appeal against an order relating to compensation under any Act For againsi
order the time being in force for the acquisition of land for public purposes,
compcnsa- shall be computed according to the difference between the amount
lion. awarded and the amount claimed by the appellant.
The West Befit;a/ Court-fees Act, 1970. 251
X of 1970.]
(Chapter III.—Computation of fees.—Sections 9-12.)
9. In every suit in which an ad-valorem court-fee is payable under this Aci on the Statement
plaint, (he plaintiff shall file with the plaint a statement of particulars of the .subject- of
mailer of the suit and his own valuation thereof unless such particulars and lhe particulars
of subjeet-
valuation are contained in the plaint. The statement shall be in such form and shall mallcrof
contain such particulars as may be prescribed by lhe Stale Government by notification suiu and
plaintiff s
in lhe Official Gazette. In every such suil the plaintiff shall also, if the Court so valuation
directs, file a duplicate copy of the plaint and of the said statement. (hereof.
10. (I) In every suil in which a court-fee is payable under this Act on the plaint or
memorandum of appeal lhe Court shall, on lhe dale fixed for the appearance of the
opposite party or as soon as may be thereafter, and in every case before proceeding to
deliver judgment, record a finding whelher a sufficient couri-fee has been paid. Procedure
(2) If the Court records a finding that an insufficient court-fee has been paid on where
insufficienl
the plaint or memorandum of appeal the Court shall— court-Tee is
(a) stay all further proceedings in lhe suit until it has determined the proper Tried on
plaint or
amount of such court-fee payable and the plaintiff or the appellant, as memoran-
the case may be, has paid such amount or until the date referred lo in dum or
appeal.
clause (b), as the case may be:
Provided lhat if the plaintiff or appellant gives, within such lime as
the Court may allow, security, to the satisfaction of the Court, for the payment
of any additional amount for which he may be found liable the Court may
proceed with the suit,
(b) fix a dale before which the plaintiff or appellant shall pay the amount of court-
fee due from him, as determined by lhe Court under clause (a).
(3) If the plaintiff or appellant Tails to give the security referred to in clause (a) of sub-
section (2) or lo pay the amount referred to in clause (b) of that sub-section within the time
allowed, or before the dace fixed, by the Court, as the case may be, lhe suit shall be
dismissed.
11. IT the Court is of opinion that the subject-matter of any suit has been wrongly Inquiry as [o
valuation of
valued, it may revise the valuation and determine the correct valuation and may hold
such inquiry as it thinks fit for such purpose.
12. (1) For the purpose of an inquiry under section II the Court may depute, or
issue a commission to, any suitable person to make such local or other investigation as Invcsiigaiion
may be necessary and to report thereon to the Court. Such report and any evidence Lo asccnam
proper
recorded by such person shall be evidence in the inquiry. valuation
I
[West Ben, Act j
(Chapter III.—Computation of fees.—Sections 13-15.)
(2) The Court may, from lime lo time, direct such party to the suil as it thnks fit lo deposit
such sum as the Court thinks reasonable as the cosis of the inquiry, and if the costs are not
deposited within such time as the Court shall fix, may, notwithstanding anything contained in
any other Act, dismiss the suit if such party is the plaintiff or the appellant and, in any other
case, may recover the costs as a public demand.
13. (1) The Court, when making an inquiry under section 12 shall have,
Power of respectively, for the purposes of such inquiry or investigation, the powers vested in a
persons
making
Court under the Code of Civil Procedure, 1908 in respect of the following matters,
inquiry namely:— Soft
under 908.
sections 1 i
(a) enforcing the attendance of any person and examining him on oath
and 12. or affirmation;
(b) compelling the production of documents or material objections; and
(c) issuing commissions for the examination of witnesses.
(2) An inquiry or investigation referred to in sub-section (1) shall be deemed to be a
i
judicial proceeding mihin the meaning of sections 193 and 228 of the Indian Penal Code.
45or I860. I
14. (1) If in the result of an inquiry under section 11 the Court finds that the
Costs or subject-matter of the suil has been under-valued the Court may order the parly
inquiry as
to
responsible for the undervaluation to pay all or any part of Ihe costs of the inquiry.
valuation (2) If in the result of such inquiry the Court finds that the subject- matter of the
and refund
of excess
suit has noi been undervalued the Court may, in its discretion, order that all or any
fee. part of such costs shall be paid by the State Government or by any parly to the suit at
whose instance the inquiry has been undertaken, and if any amount exceeding the
proper amount of fee has been paid shall refund the excess amount so paid.
15. Where, in any suit for mesne profits or for land and mesne profits or for an
Procedure in account, the fee which would have been payable if the suit had comprised the whole
suiLs for
mesne
of the relief to which the Court finds the plaintiff to be entitled, exceeds the fee
profits or actually paid, the Court shall require the plaintiff to pay an additional fee equal lo the
account
when
amount of (he excess, and if such additional fee is not paid within such lime as the
amount Coun may fix, the suit, or if a decree has previously been passed therein, so much of
found due
cxeccds the claim as has rot been so decreed, shall be dismissed:
amount Provided thai, where the additional fee is payable in respect of a portion of Ihe
claimed.
claim which can be relinquished, that portion only shall be dismissed.
X of 1970.]
(Chapter III.—Computation of fees.—Seel ions 16-18.)
16. (1) Every question relaling lo valuation for the purpose of Decision of - determining
the amount of any fee chargeable under this Chapter on a vaVuruion", plaint or memorandum of
appeal shall be decided by the Court jn which such plaint or memorandum, as Lhe case may be,
if filed, and such decision shall be final as between the parlies to the suit.
(2) Em whenever any such suit conies before a Coun of Appeal,
reference or revision, if such Court considers that the said question has been
wrongly decided, lo Lhe detriment of the revenue, il shall require the party by
whom such fee has been paid to pay so much additional fee as would have
been payable had lhe question been rightly decided,
(a) if the party required to pay is the appellant or petitioner, lhe
provisions of sub-sections (2) and (3) of section 10 shall,
so far as may be, apply;
(b) if lhe party required Lo pay is lhe respondent or lhe opposite
party, the provisions of suh-section (2) of section 10 shall,
so far as may be, apply, and, if such party fails to pay the fee
required before the dale fixed by Lhe CourL, the Court shall
recover lhe amount of such fee from him as a public demand.
Explanation.—For lhe purposes of ihis section a question relating to the
classification of any suit for the purpose of section 7 shall not be deemed lo be
a question relaling LO valuation.
17. (1) The High Court shall, when dealing with an application for Recovery of leave to
appeal to Lhe Supreme Court, make an order for Lhe payment r4'^ccrtain of any deficiL
court-fee with such interest not exceeding six per centum cws,
per annum as the High Court may direct, in all cases where Lhe High Court
finds that the subject-matter of the suit or appeal had been undervalued either
in lhe Court of first instance or in the Court of Appeal or in both, irrespective
of whether lhe certificate of fitness for appeal to the Supreme Court is or is not
granted.
(2) The fee together with interest thereon found lo be payable under sub-
section (1) shall be paid by the party ordered lo do so and if such party fails to
pay lhe amount required before lhe date fixed by lhe High Court, it shall be
recoverable from him as a public demand.
18. If an appeal orplainl, which has been rejected by Lhe lower Court ' S
Refund of
t>f 1908. on any of the grounds mentioned in the Code of Civil Procedure, is fee paid on
ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in memoran-
dum of
Order XLI, rule 23 of the same Code for a second decision by the lower Court, the Appellate appeal.
Court shall grant to the appellant a certificate, authorizing Itim lo receive back from the
Collector the full amount of fee paid on the memorandum of appeal:
[West Ben. Acl
254 The West Bengal Court-fees Act. 1970.
(Chapter III.—Compulation of fees.—Sections 19-22.)
Provided thai if, in Lhc case of a remand in appeal, the order of t

remand shall not cover the whole of Ihe subject-matter of ihe suit, ihe
certificate so granted shall not authorize the appellant to receive back more
than so much fee as would have been originally payable on the part or parts of
such subjecl-maiier in respect whereof ihe suil has been remanded.
19. Where an application for a review of judgment is presented on or after

Refund fee the ninetieth day from the date of ihe decree, ihe Court, unless the delay was
on
application caused by the applicant's laches, may, in its discretion, grant him a certificate
for review nl authorizing him lo receive back from Ihe Collector so much of the fee paid on
judgmcnl.
ihe application as exceeds the fee which would have been payable had it been
presented before such day.
20. (I) Where an application for a review of judgment is admitted, and

where, on the rehearing, the Court reverses or modifies its former decision on
Refund
wliure Court
the ground of mistake in law or fact, the applicant shall be entitled to a
reverses or certificate from the Court authorizing him to receive back from the Collector so
modifies its
former
much of the fee paid on the application as exceeds the fee payable on any oiher
decision on application to such Court under Schedule II to this Acl, No. 1, clause (b) or
ground of mi
slake. clause (d).
(2) Nothing in sub-section (1) of this section shall entitle the applicant lo
such certificate where the reversal or modification is due, wholly or in part, lo
fresh evidence which mighihave been produced at the original hearing.
21. (I) In any suil in which two or more separate and distinct causes of
action are joined and separate and dislincl reliefs are sought iji respect or each,
the plaint or memorandum of appeal shall be chargeable with the aggregate
amount of the fees with which Ihe plaints or memoranda of appeal would be
Mullifarious
suits. chargeable under this Acl in separate suits instituted in respect of each such
cause of action:
Provided that nothing in this sub-section shall be deemed to affect any
5ori90S.
power conferred by or under the Code of Civil Procedure, 1908, to order
separate trials.
(2) Where more reliefs lhan one based on Ihe same cause of action are
sought either jointly or in the alternative, the fee shall be paid according to the
value of the relief in respect of which the largest fee is payable.
22. When the first or only examination of a person who complains of the
Whiten offence of wrongful confinement, or of wrongful restraint, or of any offence
examinations
of complain- other than an offence for which police officers may arrest
cm is.
The West Bengal Court-fees Act, 7970. 255
X of! 970,]
(Chapter III.—Computation of fees.—Section 23.)
without a warrant. and who has not already presented a petition on which a Tee has been
levied under this Act, is reduced lo writing under ihe 5 or IK9S. provisions of the Code of
Criminal Procedure, the complainant shall pay a fee of one rupee unless the Court thinks fit to
remit such payment.
23. Nothing contained in this Act shall render the following documents Exemption
chargeable with any fee:—
documen
ts.
(i) Power-of-attorney or other written authority to institute or defend a
suit when executed by a member of any of the Armed Forces of
lhe Union noi in civil employment.
(ii) Written statements called for by lhe Court after the first hearing of
a suil.
(iii) Probate of a will, letters of administration, where the amount or
value of the properly in respect of which Lhe probate or letters or
certificate shall be granted does not exceed two thousand rupees.
(iv) Application or petition to a Col lector or other officer making a
settlement of land-revenue, or to the Board of Revenue,
relating to matters connected with lhe assessment of land or the
ascertainment of rights thereto or interests therein, if presented
previous lo lhe final confirmation of such settlement.
(v) Application relating to a supply for irrigation of water belonging
lo Government,
(vi) Application for leave to extend cultivation, or to relinquish land,
when presented to an officer of land-revenue by a person holding,
under direct engagement with Government,
land of which the revenue is settled, but not permanently.
(vii) Application for service of notice of relinquishment of land or of
enhancement of rent,
(viii) Written authority to an ageni Lo distrain.
(ix) First application (other than a petition containing a criminal
charge or information) for the summons of a wilncss or other
persons to attend either to give evidence or to produce a
document, or in respect of the production or filing of an exhibit
not being an affidavit made for I he immediate purpose of being
produced in Court.
(x) Bail bonds in criminal cases, recognizances to prosecute or give
evidence, and recognizances for personal appearance or
otherwise.
256 The West Bengal Court-fees Act, J 970.
[West Ben. Act
(Chapter IV.—Probates, letters of administration and certificates of administration.—Section 24.)
(xi) Petition, application, charge or information respecting any

offence,when presented, made or laid lo or before a Police
Officer, or to or before Lhe Heads of Village or [he village
police.
(xii) Petition by a prisoner, or other person in duress or under restraint
of any Court or its officers. ■
(xiii) Complaint of a public servant (as defined in the Indian Penal 15 of i860.
Code), a municipal officer, or an officer or employees of Government Railway.
(xiv) Application for permission lo cut timber in Government forests or
otherwise relating to such forests,
(xv) Application for the payment of money due by Government to the
applicant.
(xvi) Petition of appeal against any municipal tax,
(xvii) Applications for compensation under any law for the time being
in force relating to the acquisition of property for public
purposes,
(xviii) Petitions of appeal by employees of the Government or Court of
Wards against orders or dismissal, reduction or suspension;
copies of such orders filed with such appeals, and applications for
obtaining such copies.
CHAPTER IV
Probates, letters of administration and certificates of administration.
Relief where 24. Where any person on applying for the probate of a will or letters l o o
h i g h a . . . . . . . . , . r .
. , , r
court-fee has °f administration has estimated the property of the deceased lo be of
beenpaid. greater value than the same has afterwards proved to be, and has consequently paid
loo high a court-fee thereon, if, within six months after the true value of lhe
property has been ascertained, such person produces the probate or letters lo the
Board of Revenue for the local area in which the probate or letters has or have
been granted,
and delivers Lo suh Authority a particular inventory and valuation of the property of the deceased, verified by
affidavit or affirmation,
and if such Authority is satisfied that a greater fee was paid on the probate or letters than the law required, the
said Authority may—
(a) cancel the stamp on the probate or letters, if such stamp has not been
already cancelled; ■
X of 1970.]
( Chapter IV.—Probates, letters of administration and certificates of
administration.—Sections 25-27.)
(b) substitute another stamp for denoting the court-Tee which should
have been paid thereon; and
(c) make an allowance For the difference between them as in the
case of spoiled stamps, or repay the same in money, at his
discretion.
25. (1) Whenever it is proved lo Lhe satisfaction of such Authority lhat an Relief where
debts due
executor or administrator has paid debts due from the deceased lo such an Tram a
amount as, being deducted out of the amount or value of the estate, reduces the deceased
person have
same to a sum which, if il had been the whole gross amount or value of Lhe been paid oul
estate, would have occasioned a less court-fee to be paid on the probate or ofhis estate.
letters of administration granted in respect of such estate than has been actually
paid thereon under this Act, such Authority may return lhe difference, provided
the same be claimed within three years after the date of such probate or letters.
(2) But when, by reason of any legal proceeding, the debts due from the
deceased have noc been recovered and made available, and in consequence
thereof the executor or administrator is prevented from claiming the return of
such difference within the said term of three years, the said Authority may
allow such further time for making the claim as may appear lo be reasonable
under the circumstances.
26. (1) Whenever a grant of probate or letters administration has been or is Relief in
ease of
made in respect of the whole of the properly belonging lo an estate, and the full several
fee chargeable under this Act has been or is paid ihereon, no fee shall be grants.
chargeable under the same Acl when a like grant is made in respeel of the
whole or any part of the same property belonging to the same estate.
(2) Whenever such a granl has been or is made in respect of any property
forming part of an estate, the amount of fees then actually paid under this Acl
shall be deducted when a like grant is made in respect of property belonging Lo
the same estate, identical with or including the properly to which the former
granl relates.
27. The probate of the will, or the letiers of administration of the effects, of Probates '
declared
any person deceased heretofore or hereafter granted shall be deemed valid and valid as to
available by his executors or administrators for recovering, transferring or property
though not
assigning any movable or immovable property whereof or whereto the deceased covered by
was possessed or entitled, eilher wholly or partially as a trustee, court-fee.
noiwithslanding the amount or value of such property is no\ included in the
amount or value of the estate in respect of which a court-fee was paid on such
probate or letters of adminisiraLion.
[West Ben. Act
(Chapter IV.—Probates, letters of administration and certificates of
administration.—Sections 28-30.)
Provision for 28. Where any person on applying for probate or letters of administration
case.\vhere loo
low a coun-fcc has estimated ilie estate of the deceased lo be of less value than the same has
has been paid afterwards proved to be, and has in consequence paid too low a court-fee
on prob.ilcs,
etc. thereon, the Board of Revenue for the local area in which the probate or letters
has or have been granted may, on the value of the estate of the deceased being
verified by affidavit or affirmation, cause lhe probate or letters of
administration lo be duly stamped on payment of the full court-fee which ought
to have been originally paid thereon in rcspcct of such value and of the further
penalty, if the probate or letters is or are produced within one year from lhe
dale of (he grant, of five times, or, if it or Ihey is or arc produced after one year
from such dale, of twenty times, such proper courl-fcc, without any deduction
of lhe court-fee originally paid on such probale or letters:
Provided that, if lhe application be made within six months after lhe
ascertainment of the true value of the estate and the discovery that too low a
court-fee was at first paid on the probale or letters, and if lhe said Authority is
satisfied that such fee was paid in conscquence of a mistake or of ils not being
known al the lime (hat some particular part of the estate belonging lo the
deceased, and without any intention of fraud or to delay the payment of the
proper court-fee, the said Authority may remit the said penalty, and cause lhe
probale or letlers to be duly stamped on payment only of die sum wanting to
make up lhe fee which should have been al first paid thereon.
29. In case of letters of udminislralion on which too low a court- fee has
Administrator been paid at first, the said Authority shall not cause the same to be duly
lo give stamped in manner aforesaid until (he administrator his given such security to
proper
security the Court by which the letlers of administration have been granted as ought by
before law lo have been given on the granting (hereof in case lhe full value of the
letters
stamped estate of the deceased has been then ascertained.
under
section
28,
30. Where loo low a courl-fee has been paid on any probate or letlers of
administration in consequence of any mistake, or of ils not being known al the
time that some particular part of the estate belonged lo the deceased, if any
Executors, ctc.,
not paying full
executor or administrator acting under such probate or letters does not, wilhin
court-fee on six months after the discovery of the mistake or of any effects nol known at the
probates, etc,,
within six time to have belonged to the deceased, apply lo the snid Authority and pay
months after what is wanting lo make up (he court- fee which ought to have been paid at first
discovc/y of
underpayment. on such probate or letters, he shall forfeit lhe sum of one thousand rupees and
also a further sum al the rale of ten per cent, on the amount of the sum wanting
to make up the proper court-fee.
X of 1970.]
(Chapter IV.—Probates, letters of administration and certificates of
administration.—Section 31.)
31. (L) Where an application for probate or tellers of administration is made Notice or
to any Court oilier than Lhe High Court, the Court shall cause notice of Lhe applications
application lo be given to the Collector. Tor probale or
Idlers of
(2) Where such an application as aforesaid is made lo the High Court, Lhe administration
High Coun shall cause notice of the application to be given to the Board of to be given to
Rcvenue- au I
Revenue for the local area in which the High Court is situated. tidily and
(3) The Collector within the local limits of whose Revenue-jurisdiction the procedure
thereon.
property or the deceased or any part thereof is, may at any lime inspect or cause
to be inspected, and Lake or cause lo be taken copies or, the record of any case
in which application for probate or letters of administration has been made; and
if, on such inspection or otherwise, lie is of opinion that the petitioner has
under-estimated lhe value of The property of the deceased, the Collector may,
if he thinks fit, require (lie attendance of the petitioner (either in person or by
agent) and Lake evidence and inquire into the matter in such manner as he may
think fit, and, if he is still of opinion that the value of the property has been
under-estimated, may require the petitioner to amend ihe valuation.
(4) If the petitioner does not amend Lhe valuation lo Lhe satisfaction of
the Collector, lhe Collector may move the Court before which lhe application
for probale or letters of adminislration was made, to hold an inquiry into the
true value of the property:
Provided lhat no such motion shall be made after lhe expiration of six
months from the date of the exhibition of the inventory required by section 317
of the Indian Succession Aci, 1925.
(5) The Court, when so moved as aforesaid, shall hold, or cause to be
held, an inquiry accordingly, and shall record a finding as to the Irue value, as
near as may be, at which the property of the deceased should have been
39 of 1925. estimated. The Collector shall be deemed to be a party to lhe inquiry.
(6) For the purposes of any such inquiry, lhe Court or person authorized
by the Court Lo hold lhe inquiry may examine lhe petitioner for probate or
letters of administration on oalh (whelher in person or by commission), and
may take such further evidence as may be produced to prove the true value of
the property. The person aulhorized as aforesaid lo hold the inquiry shall return
to the Court the evidence taken by him and report the result of lhe inquiry, and
such report and the evidence so taken shall be evidence in the proceeding, and
the Court may record a finding in accordance wiih the report, unless it is
saLisfied that it is erroneous.
(7) The finding of lhe Court recorded under sub-section (5) shall be final,
but shall noi bar the entertainment and disposal by the Board of Revenue of any
application under section 28.
(8) The Slate Government may make rules for the guidance of Collectors
in Lhe exercise of lhe powers conferred by sub-section (3).
[West Ben. Acl
260 The We.vr Bengal Court-fees Act, 1970.
(Chapter IV.—Probates, letters of administration and certificates

of administration.—Sections 32-34.—Chapter V.—Process-fees.—
Section 35.)
32. (1) No order entitling lhe petitioner to the grant of probate or

P/Jmcnt or
court-fees in letters of adjiimisir.ilion shall be made upon an application for such
rcspcct of gram until the petitioner has filed in lhe Court a valuation of the
probales and
" Idlers or property in the form set Forth in Schedule III, and the Court is satis
Tied that the Fee mentioned in No. 10 of Schedule I has been paid on
lion.
such valuation.
(2) The grant of probate or letters of administration shall not be
delayed by reason of any motion made by the Collecior under sub-
section (4) of section 31.
Recovery or
penalties, 33. (1) Any excess fee found lobe payable on an inquiry held
is it.
under sub-section (6) of section 31, and any penalty or forfeiture under
section 30, may, on (he certificate of Ihe Board of Revenue, be recovered from
the executor or administrator as if it were an nrrear of land-revenue by any
Collector.
(2) The Board of Revenue may remit the whole or any pan of any such
penally or forfeiture as aforesaid, or any part of any penally under section 28 or
of any court-fcc under section 28 in excess of Lhe full court-fee which ought to
have been paid.
Scclion 42 34. Nothing in section 42 shall apply to probates or letters of
not ID apply
to probates or administration.
letters of
administra-
tion.
CHAPTER V
Pro cess-fees.
35. (1) The High Court shall, as soon as may be, make rules as to the
following matters:— .
(i) the fees chargeable for serving and executing processes issued by
such Court in its appellant jurisdiction, and by the other Civil and
Revenue Courts established within the local limits of such
jurisdiction;
(ii) the Fees chargeable For serving and executing processes issued
by the Criminal Courts established within such limits in the case
of offences other than offences for which police officers may
arrest without a warrant; and
(iii) lhe remuneration of Lhe peons and all other persons employed by
leave of a Court in the service or execution oF processes.
(2) The High Court may from lime to time alter and add to the rules so
made.
(3) All such rules, alterations and additions shall after being confirmed Con firm a- by the
State Government be published in the Official Gazette, and shall publication thereupon have
the force of law. of rules.
The Wesl Bengal Court-fees Act, J 970. 261

X of 1970.]
Rullis OS
(1) CHS Li of
processus.
(Chapter V. —Process-fees.—Sections 36-38.—Chapter VI.—Of the mode of levying feex.—
Sec/ions 39-41.)
36. A table in lhe English and Vernacular languages, showing Lhe fees chargeable for
such service and exec U lion, shall be exposed LO view in a conspicuous part of each Court.
37. Subjeci to rules lo be made by the High Court and approved by lhe Stale Government,
{West Ben. Act
every District Judge and every Magistrate of a District shall fix, and may from time to time
alter, lhe number of peons necessary to be employed for the service and execution of processes
issued out of his Court and each of the Courts subordinate thereto.
Explanation.—For the purposes of ihis section, every Court of Small Causes established
under the Provincial Small Cause Courts AcJ, 1887, shall be deemed to be subordinate to the
Court of ihe District Judge.
Tables or
process
38. Subject lo rules to be framed by the Board of Revenue and approved by the Stale fees.
Government, every officer performing lhe functions of a Collector of a district shall Fix,
and may from time to time aller, lhe number of peons neccssary to be employed for the
service and execution of processes issued out of his Court or Lhe Courts subordinate lo Number of
peons in
him. district and
subordinat
CHAPTER VI OF the mode of levying fees. e Court-1,.
39. All fees referred Lo in section 3 and chargeable under ihis Act shall Number of
9 of 1H87. be collected by stamps. peons in
Mofui-.il
40. The stamps used to denote any fees chargeable under ihis Act shall Small
Causes
be impressed or adhesive, or partly impressed and partly adhesive, as the Courts,
State Government may, by notification in the Official Gazette from lime lo
Number of
time, direct. peons in
Revenue
41. (I) The State Government may, from time to lime, make rules for Courts.
regulating—■
(a) the supply of stamps to be used under this Act;
(b) the number of stamps to be used for denoting any fee chargeable
under this Act;
(c) the renewal of damaged or spoiled stamps; and Collection
(d) the keeping or accounts of all stamps used under this Act: of fees by
stamps,
Provided (hat, in the case of stamps used in the High Court, such
Stamps to be
rules shall be made with the concurrence of the Chief Justice of that Court. impressed of
(2) All such rules shall be published in the Official Gazette, and shall adhesive.
thereupon have lhe force of law.
Rules for
supply,
number,
renewal and
kccpjng
accounts or
stamps.
The Wesl Bengal Court-fees Act, J 970. 263
X of 1970.]
( Chapter VI.—Of the mode of levying fees.—Sections 42-44,— Chapter VIS.—
Miscellaneous.—Sections 45. 46.)
Slumping 42. (1) No document which ought to bear a stamp under this Act shall
documeriLi
inadver- be of any validity, unless and until it is properly stamped.
tently (2) But, if any such document is through mistake or inadvertence
received.
received, filed or used in any Court or office without being properly
stamped, the presiding Judge or the head of the office, as the case may be, or,
in the case of lhe High Court, any Judge of such Court, may, if he thinks fit,
order that such document be stamped as he may direct; and on such document
being stamped accordingly, the same and every proceeding relative thereto
shall be as valid as if it had been properly stamped in the first instance.
43. Where any such document is amended in order merely to correct a
mistake and to make it conform to lhe original intention of ihe parties, ii
Amended
document. shall nol be necessary to impose a fresh slump.
44. (1) No document requiring a stamp under this Act shall be filed or
acted upon in any proceeding in any Court or office until the stamp has
Cancellation
of si amp. been cancelled.
(2) Such officer as the Court or the head of the office may from lime to
time appoint shall, on receiving any such document, forthwith effect such
cancellation by punching out the figure-head so as lo leave lhe amount
designated on the stamp untouched, and the part removed by punching shall be
burnt or otherwise destroyed.
CHAPTER VII
Miscellaneous-
Sale of 45. (]) The Stale Government may, from time lo time, make rules
slamps. for regulating the sale of, and the particulars to be entered at the time of sale on,
stamps lo be used under this Act, the persons by whom alone such sale is to be
conducted, and the duties and remuneration of such persons,
(2) All such rules shall be published in lhe Official Gazette and shall
thereupon have the Force of law.
(3) Any person appointed to sell stamps who disobeys .my rule made
under this section, and any person nol so appointed who sells or offers for sale
any stamps, shall be punished wilh imprisonment for a term which may extend
to six months, or with fine which may extend to five hundred rupees, or with
both.
46. Where any period is fixed or granted by the Court for the doing o time.
Enlargement ^
prescribed or allowed by this Acl, the Court may, in its
discretion, from lime to time, enlarge such period, even 1 hough lhe period
originally fixed or granted may have expired.

{West Ben. Act
The West Bengal Court-fees Act, 1970. (Chapter VII.—Miscellaneous. —Sections 47-50.)
265 47. (1) The Siaie Governmeni may, from lime to lime, subject lo such conditions or
X of 1970.]
restrictions as iimay think fit to impose, by noli fi cat ion in the Official Gazette, suspend the
payment of or reducc or remit, in the whole of West Bengal or in any part therof", all
or any of the fees mentioned in Schedules I and IT to this Act and may in like manner Power lo
suspend,
cancel or vary such order. rctlucc or
rtimii fees.
(2) The State Government may, from lime lo lime by rules, prescribe the manner
in which any fee the payment of which is suspended under sub-section (!) may be
realised and for this purpose direct that such fee may be recovered as a public demand.
48. Nothing in Chapters II and VI of this Act applies to ihe Commission payable
to the Accountant-Genera I of lhe High Court or to the fees which any officer of lhe Saving or tees
10 ccnain
High Court is allowed to receive in addition to a fixed salary. officers of
High Court.
49. Until rules are framed under sections 9, 35, 41, 45 and subsection (2) of
section 47 and until notifications are issued under subsection (1) of section 47, the
Continuance in
rules and notifications in-force on the date of commencement of lhe Act in respect of force of lhe
matters referred to in those sections shall, in so far as they are not inconsistent with existing rules.
ihis Aci, continue.
50, (1) The Court-fees Act, 1870, in its application to Hie State of West
Bengal and in relation lo the fees and stamps other than fees and stamps
relating lo documents presented or to be presented before an officer serving
under the Central Government is hereby repealed.
(2) All suits and proceedings instituted before the commencement of the
West Bengal Court-fees Ordinance, 1969, and all proceedings by way of
appeal, revision or otherwise arising therefrom whether instituted before or
after such commencement shall, notwithstanding the repeal of the Court-fees
Act, 1870, be governed by the provisions of the said Act and lhe rules made
thereunder.
(3) The West Bengal Court-fees Ordinance, 1969. is hereby repealed.
7 of 1R7G. Repeal and
(4) Anything done or any action laken under the West Bengal Cauri-fees savings.
Ordinance, 1969, shall be deemed to have been validly done or taken under
this Act as if this Act had commenced on the 10th day of January, 1970.
West Ben.
Orel. XVII of
1969.
[West Ben. Act
(Schedule I.)
SCHEDULE I.
Ad valorem
Fees
Number. Proper Fee.
hundred rupees, and Twenty-two rupees and fifty
). Plaint written statement
when such amount or value paisc.
pleading a set-off or
exceeds seven thousand five
counter claim or
hundred rupees, forcvcry two
memorandum of appeal
hundred and fifty rupees or part
(nol otherwise provided
thereof in excess of seven
Tor in this
Acl) or Of CTOSS- thousand five hundred rupees, up
objection presented lo ID len thousand rupees,
>hc High Court OT any and
Civil or Revenue Court when such amount or value
except ihe Court mcnti cxceeds (en thousand rupees, for
on cd i n sec li on 3. every five hundred rupees or part
When lhe amount or value [hereof, in excess of len thousand
or die subjecl-mallcr in rupees, up [o twenty Ihousand
dispute docs nol exceed rupees.
and
seventy-five ru pees, fo r Forty paisc.
eve ry five ru pees or pan
thereof of such amount or
value, and
when such amount or value
exceeds sevenly-five
rupees, for every five Fifty paise.
rupees or pan [hereof in
excess of seven ly- five
rupees, up to one hundred
rupees, and
One rupee and sixty-five paise.
exceeds one hundred
rupees, for every len rupees
or part [hereof, in excess of
one hundred rupees, up to
one hundred and fifty
rupees.
and One rupee and fifteen paisc.
when such amouni or value
exceeds one hundred and
fifty rupees, for every len
rupees or pan Ihe nccf, up Seven rupees and fifty paise.
to one iho usand rupees,
nnd
when such aniounl or value
excceds one thousand
rupees, for every one
hundred rupees Fifteen rupees.
orpamherrof, inexecssofone
thousand rupees, up lo
seven thousand five
X of 1970.]
(Schedule I.)
Number. Proper Fee.

cxcecds twenty thousand rupees, Thirty rupees.
lor every one thousand rupees or
part [hereof, in excess of twenty
thousand rupees, up to nrty
thousand rupees, and when such
amount or value exceeds fifty
thousand rupees, for every five Thirty-seven rupees and firty
thousand rupees or part thereof, paise,
in excess uf fifty thousand
rupees:
Provided that the maximum
fee leviable on a plaint or
memorandum of appeal shall be
ten thousand rupees.
2. (a) Petition under sec An amount or the hair the
tion 26 or the scale of fee prescribed in article
5 of 1920. P r o v i n c i a I on the amount or
l Insolvency Act, compensation claimed.
1920 or application
268 under section 95 of The West Bengal Court-fees Act, 1970.
5 of 1908. [West Ben.theAct
Code or Civil
Procedure, 1908,
(h) appeal against order on
a petition or On the scale prescribed under
application falling article I on the amount in

under clause (a). dispute.
3. (a) Petition under

sections S3 and 54 of
An umount of one-half of the
the Piovincial
scale of Tee prescribed in
Insolvency Aci,
article 1 on the market value of
1920.
the subject-matter subject to a
(b) appeal agatncl orderon maximum fee or rupees five
a petition falling hundred. An amount of one-
under clause (a) hair or the scale or Tec
whether by lhe prescribed in article 1 on the
Official market value of lhe subjccl-m
Receivcrorby Ihe alter subject to a maximum fee
unsuccessful party. or rupees five hundred.
4. Application for review of The fte leviable on ihe plaint or

judgment, if presented on memorandum of appeal.
orafter (he ninetieth day
from the dale of the
dccriM.
X of 1970.]
(Schedule I.)
Number. Proper Fee.
5, Application for review of One-half of the fee leviable on
judgment, if presented lhe plaint or memorandum of
before the ninetieth day appeal.
from the date of the
decree.
6. Copy or translation of of the subject-matter is fifty One rupee.
ajudgmcnlorordernol or less (han fifty rupees,

being, or having the (b) If such amounl or value Four rupees.
force of, a decree. exceeds fl fly rupees.
When such judgment or order is
passed by lhe High Court. The amounl or ihe duly
chargeable on ihe original,
when such decree or order is
made by any Civil Court olhcr Fifly paisc
than the High Court, or by any
Revenue Court—
(a) ir ihe amounl or value of lhe
subjeel-mailer of lhe suil
wherein such dccrce or orde
r i s m ade is fi fly or less
7. Copy or a decree or order lhan fifty rupees.
having lhe force of a (b) If such amounl or value
decree. eJcecils nny rupees,
When such decree or order is
made by the High Court.
(a) When lhe slamp-duty

chargeable on the original
docs nol exceed fi fly paisc.
(b) In any other case.
Forty paise.
8. Copyofanydocumenl
liable to stamp, duty
under the Indian Stamp
Seventy-five paisc. One rupee and
Act, 1S99. when left by
any party to a suil or
proceeding in place of fifty paise.
lhe origin al wi thdrawn.
When such judgment or
order is passed by any Civil
Court, other than the High
Court, or by the presiding
officerof any Revc nue Cou
n or O rficc, or by any olhe Fifty paisc.
r Jud i ci a I or Exec u live
2 of 1899.
Aulhorily—
(a) IT (he amounl or value
[West Ben. Act
(Schedule I.)
Number. Civil or Criminal or Revenue
Coun or Office, or from the
9. Copy or any revenue or
office of any Chief officer
judicial proceeding or Proper Fee.
charged with (he executive
order nol otherwise
ndminis- (nlion of a Division. Fifty paisc.
provided for by this Aci
For every three hundred and sixty
or copy ofany account, s
words or fraction of three
lale me n l, report or ihe
hundred and sixly words.
like, taken out or any
10. Probale of a will or

letters ofad minis
Iralion with or widioul
will annexed.
When lhe amounl or value of
lhe properly in n: spec I a r
which the g ra n I of probale
or k tiers of administration is
made, exceeds (wo thousand
rupees, on such amounl ur
value up lo ten thousand Two per ccmuin.
rupees,
and
when .such amount or value
exceeds lea thousand mpes,
on (he portion of such
amount or value which is in
excess of ten thousand
rupees, up (o fifty (housand
Three per cenlum.
rupees,
and
when such amounl or value
exceeds fifty thousand
rupees, On lhe portion of
such amount or value which
is in excess or fifty thousand
rupees, up io a lakh or Four perecnlum.
rupees,
anil
excecds a lakh or rupees
on[he porti on o rsueh
amoun I or v al ue which is
in excess or a lakli of rupees, Five per cenlum.
up to two lakhs and fifty
thousand rupees,
and
exceeds iwo lakhs and fifty
thousand rupees On Lhe
portion of such amount Five and a hair percenlum.
which is in excess of two
lakhs and Rfly thousand
rupees, up to three lakhs or
rupees.
X of 1970.]
(Schedule I.)
Number. and Two per centum on [he tirsl
when such amounl ar value len thousand rupees.
exceeds five lakhs of rupees, on three per cc n lum on ihe ncx
Ihe portion of such amounl which I Tony thousand rapes,
is in excess of five lakhs of fou r pc r ccn tu m on the
ne* l fifty ihousand rupees,
rupees:
and five per centum on the
Provided lhal when, after lhe nexl one lakh and fifty
gran I oT ccrtificaic under Ihe Ihousand ropees,
Indian Succession Acl, 1925. in five and a hair per centum
respect ofany property included on the next fifty Ihousand
in an estate, agranl or probate or rupees, six per cerium on the
letters of administration is made ncxl one lakhofru pees, six
and a hair per centum on the
in respcct of the same estate, the
nexl one lakh or rupees, and
fee payable in respccl or lhe latter
seven per ccnlum on the
grant shall be reduced by the remainder of such amounl or
amounl of the fee paid in respect value.
of lhe former grant.
When Lhe amounl or value of

any debt or sccurily specified in
lhe cenilicale under scclion 374
of the Acl excccds one thousand
rupees.
and
when the aggregate amount or
39 of 1925.
value of any debts or securities
specified in the certificate and or
any UebL1; or securities lo uhich
the certificate has been extended
under section 376 of Lhe Acl,
cxcccds one thousand rupees.
Proper Fee.
11. Certificate under the Six per centum,
Indian Succession Act.
1925.
exceeds [hire lakhs of
rupees, on lhe portion or
such amount which
isincxcessorihrcclnkhs of Six and a half percenlum.
rupees, up lo four lakhs or
rupees,
and
excccds four lakhs uf
rupees, on lhe portion of
such amounl uhieh is in Seven per ccn turn.
excess af four lakhs or
rupees. up Id five lakhs or
rupees,
[West Ben. Act
(Schedule I.)
Proper Fee.
In respect of such portion or
[be apgrcgale amounl or
value as consists of ihe a
mou HI o r v D I uc o f deb is
o r seeurilics so specified, the
fee hereinberon: provided in
Number. that bchal Tin iJiis article,
and
Ihree per ccnlum on such
portion at the firji ten
thousand rupees,
four and a half per centum on
such portion of the next forty
thousand rupees, sis per
ccnlum on such portion of
the next fifty thousand
rupees, and seven and a hair
perce nt um on such portion
of ihe new one lakh and fifty
thousand rupees,
eight and a quarter per
ccnlum on such portion or
the next fifty thousand
rupees,
nine per centum on such
portion of lhe next one Jakh
of rupees,
nine iind three-quarter per
centum on such portion of
liic next one lakhof rupees,
and
len and a half per ccnlum on
such portion t>r ihe
remainder or such aggregate
amounl or value as consisis
of lhe amount or value oT
debts or securities lo which
the certificate has been
extended.
Note,—(I) Thcamounlor a
debl is ils amount including
interest on lhe day on which
the inclusion of the debl in
Lite certificate is apfi lied fa
r, so far as such amounl can
be ascertained.
Proper Fee.
X of 1970.]
The Wesf Bengal Court-fees Act, 1970. (2) Whether or nol any
273
power with respect ID a
sccurily specified in a
certificate has been conferred,
under the Act and where such
a power has been so
conferred whether the power
is Tor the receiving of
interest or dividends on, or
Tor the negotiation or transfer
of the security, or for both
purposes, (he value of the
security is ils market-value on
(Schedule I.)
the day on which the
inclusion of the security in
Number.
the certificate is applied for,
so far as such valueCan be
ascertained.
12. Plaint presented with an

originating summons
under the Rules of the
High Conn at Calcutta
(Original Side), 1914.
The fee leviable on a plaint in
a suil for lhe same relief,
subject to a minimum fee of
thirty rupees.
[West Ben. Act
(Schedule I.)
Table of rates of ad valorem fees leviable on the institution of suits.
When lhe amount But does noL Proper Fees,

or value of lhe exceed—
subject-matter
exceeds—
Rs. Rs. Rs. P.
5 0.40
5 10 0.75
10 15 1.15
15 20 1.50
20 25 1.90
25 30 2.25
30 35 2.65
35 40 3.00
40 45 3.40
45 50 3.75
50 55 4.15
55 60 4.50
60 65 - 4.90
65 70 5.25
70 75 5.65
75 80 6.15
80 85 6.65
85 90 7.15
90 95 7.65
95 100 8.15
100 110 9.75
110 120 11.40
120 130 13.00
130 140 14.65
140 150 16.25
150 160 18.00
160 170 19.15
170. 180 20.25
180 190 21.40
190 200 22.50
200 210 23.65
210 220 24.75
220 230 25.90
230 240 27.00
240 250 28.15
250 260 29.25
260 270 30.40
■>» .•s.V-.-s-sS-s •
__ • '. v>.* v • ■
[West Ben. Act
(Schedule J.)
Table of rates of ad valorem fees leviable on the institution of suits.—contd.

When Lhe amounl But does not Proper Fees.
or value of the exceed—
subject-matter
exceeds—
Rs. Rs. Rs. P.
270 280 31.50
280 290 32.65
290 300 33.75
300 310 34.90
310 320 36.00
320 330 37.15
330 340 38.25
340 350 39.40
350 360 40.50
360 370 41.65
370 380 42.75
380 390 43.90
390 400 45.00
400 410 46.15
410 420 47,25
420 430 48.40
430 440 49.50
440 450 50.65
450 460 51.75
460 470 52,90
470 480 54.00
480 490 55.15
490 500 56.25
500 510 57,40
510 520 58.50
520 530 59.65
530 540 60.75
540 550 61.90
550 560 63.00
560 570 64.15
(Schedule 1.)
Table of rates of ad valorem/ces leviable on lhe institution of suits.—contd.
When the amount Bui does nol Proper Fees,

or value of lhe excced—
subject-matter excecds—
Rs. Rs. Rs. P.
276 570 The West Bengal Court-fees
580 Act, 1970. 65.25
[West Ben. Act
580 590 66.40
590 600 67.50
600 610 68.65
610 620 69.75
620 630 70.90
630 640 72.00
640 650 73.15
650 660 74.25
660 670 . 75.40
670 680 76.50
680 690 77.65
690 700 78.75
700 710 79.90
710 720 81.00
720 730 82.15
730 740 83.25
740 750 84,40
750 760 85.50
760 770 86.65
770 780 87.75
780 790 88.90
790 800 90.00
800 810 91.15
810 820 92.25
820 830 93.40
830 840 94.50
840 850 95.65
850 860 96.75
(Schedule I.)
Table of rates of ad valorem fees leviable on the institution of suits.—contd.
When lhe amount But does not Proper Fees.

subject-matter excecds—
X of 1970.] Rs, Rs. Rs. P.
860 870 97.90
870 880 99.00
880 890 100.15
890 900 101.25
900 910 102.40
910 920 103.50
920 930 104.65
930 940 105.75
940 950 106.90
950 960 108.00
960 970 109.15
970 980 110.25
980 990 111.40
990 1,000 112.50
1,000 1,100 120.00
1,100 1,200 127.50
1,200 1,300 135.00
1,300 1,400 142.50
1,400 1,500 150.00
1,500 1,600 157.50
1,600 1,700 165.00
1,700 1,800 172.50
1,800 1,900 180.00
1,900 2,000 187.50
2,000 2,100 195.00
2,100 2,200 202.50
2,200 2,300 210.00
2,300 2,400 217.50
2,400 2,500 225.00
2,500 2,600 232.50
{Schedule I.)
Table of rates of ad valorem fees leviable on the institution of suits.
When lhe amount Bui does nol Proper Fees,

or value of lhe exceed—
subject-matter
The V/estexceeds—
Bengal Court-fees Act, 1970.
Rs. Rs. Rs. P.
2,600 2,700 240.00
2,700 2,800 247.50
2,800 2,900 255.00
2,900 3,000 262.50
3,000 3,100 270.00
3,100 3,200 277.50
3,200 3,300 285.00
3,300 3,400 292.50
3,400 3,500 300.00
3,500 3,600 307.50
3,600 3,700 315.00
3,700 3,800 322.50
3,800 3,900 330.00
3,900 4,000 337.50
4,000 4,100 345.00
4,100 4,200 352.50
4,200 4,300 360.00
4,300 4,400 367.50
4,400 4,500 375.00
4,500 4,600 382.50
4,600 4,700 390.00
4,700 4,800 397.50
4.800 4,900 405.00
4,900 5,000 412.50
5,000 5,100 420.00
5,100 5,200 427.50
5,200 5,300 435.00
5,300 5,400 442.50
5,400 5,500 450.00
5,500 5,600 457.50
:-y:: -;::: - • -

[West Ben. Act
(Schedule I.)
Table of rates of ad valorem fees leviable on the institution of suits,—contd.
When the amount But does not Proper Fee.

subject-maiter
excecds—
Rs. Rs. Rs. P.
5,600 5,700 465.00
5,700 5,800 472.50
5,800 5,900 480.00
5,900 6,000 487.50
6.000 6,100 495.00
6,100 6,200 502.50
6,200 6,300 510.00
6,300 6,400 517.50
6,400 6,500 525.00
6.500 6,600 532.50
6,600 6.700 540.00
6,700 6,800 547.50
6,800 6,900 555.00
6,900 7,000 562.50
7,000 7,100 570.00
7,100 7,200 577.50
7,200 7,300 585.00
7,300 7,400 592.50
7,400 7,500 600.00
7,500 7,750 615.00
7,750 8,000 . 630.00
8,000 8,250 645.00
8,250 8,500 660.00
8,500 8,750 675.00
8,750 9,000 690.00
9,000 9,250 705.00
9,250 9.500 720.00
9,500 9,750 735.00
9,750 10,000 . 750.00
10,000 10,500 772.50
(Schedule I.)
X of 1970.]
Table Court-fees
The Wesf Bengal of rates of ad valorem/ees
Act, 1970. leviable on the institution of suits.—contd.
34
When Lhe amount But does nol Proper Fee.
subject-matter
exceeds—
Rs. Rs. Rs. P.
10,500 11,000 795.00
11,000 11,500 817,50
11,500 12,000 840.00
12,000 12,500 862.50
12,500 13,000 885.00
13,000 13,500 907.50
13,500 14,000 930.00
14,000 14,500 952.50
14,500 15,000 975.00
15.000 15,500 997.50
15,500 16,000 1,020.00
16.000 16,500 1,042.50
16.500 17,000 1,065.00
17,000 17,500 1,087.50
17,500 18,000 1,110.00
18,000 18,500 1,132.50
18,500 19,000 1,155.00
19,000 19,500 1,177.50
19,500 20,000 1.200.00
20,000 21,000 1,230.00
21,000 22.000 1,260.00
22,000 23.000 1,290.00
23,000 24.000 1,320.00
24,000 25,000 1,350.00
25,000 26,000 1,380.00
26,000 27,000 1,410.00
27,000 28,000 1,440.00
28,000 29,000 1,470.00
29,000 30,000 1,500.00
30,000 31,000 1,530.00
The West Bengal Conn-fees Act, J 970.
(Schedule I.)
27S
Table of rates of ad valorem fees leviable on the institution of suits.—comd.
When the amount Bui does not Proper Fee-,
[West Ben. Act
subject-matter
exceeds—■
Rs. Rs. . Rs. P.
31,000 32.000 1,560.00
32,000 33,000 1,590.00
33,000 34,000 1,620.00
34,000 35,000 1,650.00
35,000 36.000 1,680.00
36,000 37,000 1,710.00
37,000 38,000 1,740.00
38,000 39,000 1,770.00
39,000 40,000 1,800.00
40,000 41,000 _ 1,830.00
41,000 42,000 1,860.00
42,000 43,000 1,890.00
43,000 44,000 1,920.00
44,000 45,000 1,950.00
45,000 46.000 1,980.00
46,000 47,000 2,010.00
47,000 48,000 2,040.00
48,000 49,000 2,070.00
49,000 50,000 2,100.00
50,000 55,000 2,137.50
55,000 60,000 2,175.00
60,000 65.000 2,212,50
65,000 70,000 2,250.00
70,000 75,000 2,287.50
75,000 80,000 2,325.00
80,000 85,000 2,362.50
85,000 90,000 2,400.00
90.000 95,000 2,437.50
95,000 1,00,000 2,475.00
1.00,000 1,05,000 2,512.50
(Schedule I.)
The West Bengal Court-fees Aci, J970. 279
X of 1970.]
When the amounl But does not
or value of lhe excecd—
subject-ma tier
exceeds—
Rs, Rs. Rs. P.
] ,05,000 1,10,000 2,550.00
J. 10,000 1,15,000 2,587.50
1.15,000 1,20,000 2,625.00
1,20,000 1,25,000 . 2,662.50
1,25,000 1,30,000 2,700.00
1,30,000 1,35,000 2,737.50
1,35.000 1.40.000 2,775.00
1,40,000 1,45,000 2,812.50
1,45,000 1,50,000 2,850.00
1,50,000 1,55,000 2,887.50
1,55,000 1,60,000 2,925.00
1,60,000 1,65,000 2,962.50
1,65,000 1,70,000 3,000,00
1,70,000 1,75,000 3,037,50
1,75,000 1,80,000 3,075,00
1,80,000 1,85,000 3,112.50
1,85,000 1,90,000 3,150.00
1,90,000 1,95,000 3,187.50
1,95,000 2,00,000 3,225.00
2,00,000 2,05,000 3,262.50
and the fees increases at the rate of thirty-seven rupees and fifi for
every five thousand rupees, or part thereof, up to a maximum fe
thousand rupees, for example—
Rs. Rs. P.
3,00,000 4,012.50
4,00,000 4,762.50
5,00,000 5,512.50
6,00,000 6,262.50
7,00,000 7,012.50
8,00,000 7,762.50
9,00,000 8,512.50
10,00,000 9,262.50
11,00,000 10,000.00
Proper Fee.
Table of rates of ad valorem/ec'j leviable on the institution of suits.—concld.
[West Ben. Act
(Schedule II.)
SCHEDULE
II. Fixed fees
Number.
1. Application or petition (u)
When pre sen led lo any officer of
Ihe Customs or Excise Departmcnl
or lo any Magistrate by any person
Proper Fee.
having dealings with l he Govern
mem. and whe n I he subj eel-rait Fifteen paise.
icr of such application relates
exclusively lo those dealings;
Or when presented (0 any
officer of land- revenue by any
person holding lemporarily- scldecl
land under direct engagement with
Government, and when ihe subject-
matter of the application or pelilion
re I atcs exc lu si ve ly lo such
engagement: fifteen paisc.
Or when presented lo any
municipal Commissioner or
member of a Zilla Parishad under
any Acl for the lime being in forte
Tor lhe conservancy or
improvement o fany place, if the
application or petition re laics
solely to such conservancy or
improve men l;
Or when presented to
anyCivilCourtotherlhan a principal Fifteen paise.
Civil Court of original jurisdiction,
or lo any Court of Smul 1 Causes
conslilulcd under [he Provincial
Small Cause Courts Act, 1887, or
ID a Collccior or olher officer of
revenue in relation to any suit or

case in which Ihe amount or value
of the subjcct-maller is less Ihnn
fifty rupees;
Fifteen paisc.
9 of 1887.
X of 1970.]
(Schedule II.)
Number. Proper Fee.

Or when presented lo any In the case of a complaint or
Civil, Criminal or Revenue charge of an offence
Court, or lo any B oard or presented lo a Criminal Coun
executive officer Tor lhe one mpee, and in other cases
purpose of obtaining 3 copy seventy-five paise.
or translation of any
judgment, decree or order
passed by such Court. Board
or officer, or of any other In the case of a complaint or
documenl on record in such charge of an offence
Court or office, presented lo a Criminal
(b) When containing a complaint Court one rupee, and in other
or charge of any offence cases seventy-five poise.
other lhan 3n offence for
which police- officers may,
under the Criminal
ProcedurcCode, arrest wi
thou t wamui t, and presented
to any Criminal Courl;
Or when presented to a
Civil, Criminal or Revenue
Court, or to a Collector, or
any Revenuc- offleer having
jurisdiction equal or
subordinate to a Collector, or
to any Magistrate in li is
execu live capacity, and not One rupee and fifty paise.
other' wise provided for by
this Aci;
Or lo deposit in Court
revenue or rent;
Or for determination by a
Court or the amount of
compensation lo be paid by a
landlord to his tenant.
(c) When presented lo the Board
of Revenue or lo any Chie f
O flicc r charged with the
executive adminis (ration of
a Division and
notolherwiseprovided for by
this Act.
Fifteen paise.
[West Ben. Act
(Schedule 11.)
Number. Proper Fee.

(d) For amcsl or attachment
before judgment or for temporary
injunqlion— ( i ) w h e n
p r e s e n l c d I D D Civil Court
olher Ihnn Ihe High Coun in
relation loanysuil or
proceeding—
(1) if [he value of
(he subject-
matter is less
One rupee.
than Rs. SO;
(2) if ihe value is
Rs, 50 and
above;
(ii) when presented to the High
Court, (c) Under section 47 ant) Two rupees and fifly paise.
Order XXI, rules 58 and 90 or
the Code or Civil Procedure, Five rupees.
1908—
(i) when filed in Re
venue Court o r in
5 of 1908, Mttnsirs Coun;
(ii) when filed in [he .
City Civil Court, One rupee.
Calcutta, a
SubordinateJudge's
Court or a District Two rupees and fifty paise.
Court;
(iii) when filed in the High
Court.
(f) Under sections 34, 72, 73
and 74of[he Indian Trusts
Act, 1882. Five rupees.
(g) (i) For probaleorlelters
of administration lo Five rupees.
have effect throug-
2 of 1882. hout India.
(ii) Application for probate Twenty-five rupees.
or letters of
administration not
falling under clause
Ci)—
(1) ir the value of
lhe estate does
nalcscecd Rs.
1,000;
(2) if the value
exceeds Rs.
Seventy-five piist.
1,000:
Five rupees;
X of 1970.]
(Schedule II.)
Proper Fee.
Number. Provided thai if a caveat is Fifteen rupees.
entered and the application is
registered as a suil, one-half (he
scale of fee prescribed in Article
I of Schedule I on llic market
value of lhe estate less the fee
already paid on the application One hundred rupees.
shall be levied, (h) Application
under section 14 or scclion 20 of
(he Arbitration Acl, 19-10, for □
direction Tor filing on award or
Two hundred and fifty
for an order for filing an
agreement and application Tor rupees. 10 of 1940.
Enforcing foreign awaitfs— (i)
when presented to a Twenly rupees.
Munsirs Court; (ii)
when presented to ihe
CilyCivil Court,
Calcutta, a Subor-
dinate Judge's Court,
a District Court or the
High Court—
(1) if ihe value or
lhe subject- Five rupees.
mat l er of lhe
award does not
exceed Rs.
5,000:
(2) if such value Ten rupees.
escceds Rs.
5.000 but docs
not exceed Rs.
10.000;
(3) if such value
exceeds Rs.
10.D00.
(0 Pelilion lo the High Court for
Ihe admission of an
Advocate, Attorney or
Vakil.
Q) When preserved lo ihe High
Court under section 115 of lhe
Code of Civil Procedure, 1908.
for revision of an order— i)
when (he value of the suil (o
which the order relates does not
exceeds Rs. 1,000;
(ii) when lhe value or the
suit cxceed Rs.
5 of 1908.
1,000.
Fifteen rupees.
[West Ben. Act
(Schedule II.)
Number. Proper Fee.

'(k) When pre sen led lo Lhe
Higli Court—
(i) for directions, orders or
writs, other than [he One hundred rupees.
writs in [he nature or
habeas corpus and the
writs arising out of
cas« challenging ony
law on luxation, under
article 226 of the
Consli tu lion of Indi a
for any purpose olhcr
than enforce me nt of
the fund a-
mental righis confc-
cred by Part HI thereof;
(i i) for writs in ihe nature of
habeas corpus;
(iii) for writs under article
226 of (he Consli (ul No fee.
ion of I ndi a in coses
challenging uny matter Two hundred and fifty rupees.
on malion;
(iv) fordireclions. orders or
wri is u nile r arti clc
226 or the Constitution
oflndia for (he One hundred rupees.
enforcement of any of
the fundamental ri gh is
conferred by Pan Til
thereof;
(v) for the exercise of i is
jurisdic lion u nde r
. article 227 of lhe
Constitution of India;
(vi) inanyoihcrcasenoi
provided Tor by ihis
Act. One hundred rupees.
One hundred rupees.
2. Original pclilion nol Coun.

otherwise provided for. Five rupees.
a Munsirs Cnun, ihe One
CilyCivilCoun, Calcutta, a When filed in—
Subordinate Judge's Court or Twenty rupees.
0) rupee.
a Dislricl Court, ihe High (ii)
'Clause (k) was inserted by s. 2(1) of the West Bengal Court-fees (Amendmenl) Aci. 1985 (Wesl Ben. Act XXfX of 1985).
(»i)
X of 1970.]
(Schedule II.)
Number. Procedure, 1 £98, or the Whe n presented for the
Code or Civil Procedure, conduc t of any one case—
3. Application (o any Civil
1908, and not otherwise Proper Fee.
Court lhal records may
provided Tor by this Act, Seventy-five paise in addition
be col led Tor Tram
another Court, (o any fee levied on (he
8. Undertaking under sec lion
application under clause (a),
49 o f th c Ind ian Divorce clause (b), or clause (d) of
Acu 1869. Article I of this Schedule.
A. Application for leave to
sue as a pauper, '9. Mukhtamama, Vaka- latnama Fifty paise.
or any paper signed by an
5. Application Tor leave to advocate signifying or
appeal as a pauper.
(a) When presented to a One rupee. District Coun.

(b) When presented lo a Two rupees, Commiss i one
r or the H i gh
<5, Plaint or memorandum
Court.
of appeal in 3 suit to
establish or disprove a
■-- Fifty paisc.
right or occupancy.
intimating that he is retained
7. Bail bond or other Tor a party—
instrument or obligation (a) lo the High Court,
(b) to any Civil or Criminal
give n i n pu rsu ance of
an order made by a Court,
Court or Magistrate When lhe Court grants the Fi fly paise,
application and is of opinion that
under any section or the
the Iransmission of such records
Code of Criminal
involves Ihe use of the post.
5 of 1B98.
5 of 1908.
'Number 9 was substituted by s. 2 of lhe Wesl Bengal Court-fees (Amendment) Acl, 1980 (Wesl Ben. Acl XXI of 1980).
Fifty paise.
4 of 186<J.
Five rupees.
Two rupees.
[West Ben. Act
(Schedule II.)
Number. Proper Fee.
(c) 10 lhe Board of Two rupees.
Revenue or lo
any
Revenue
Court.
lo any
Collector or
Magistrate or
Two mpces,
(d) to any exe-
cutive officcr
including any
o f f i c e r
chargcd wilh
ihe executive
adminis-
iralion of a
Division.
10. Every copy of Seventy-five paisc.
powcr-of-attomey
when filed in any suil
or proceeding.
Memorandum of
I I . appeal from an order When presented—
inclusive of an older (i) to any Court other lhan the High Court or One rupee.
determining any lo any Execulivc Officer other than
question under see the Board of Revenue or Chier
lion 47 or section Executive Authority,
144 of the Code of
lii) ID the Board of Revenue or Chief
Civil Procedure,
Executive Authority, Two rupees.
5 of 1908. 1908, and nol
o t h e r w i s e (iii) lo the High Court—
provided for— (1) Where lhe order was poised by a
Subordinaie Court or other
auLhorily—
(a) if die order (dales lo a suit
or proceeding, die value of
which cxcecds one Ten ropeex.
thousand rupees.
(b) in any odicr case.
(2) Where ihe appeal is under
Five rupees.
clause 15 of the Lcllers
Pal en I—
(a) from an order passed in

exercise of appellate
Ten rupees.
jurisdiction,
X of 1970.]
77ie Wejr Bengal Court-fees Act, 1970. 288
X of 1970.]
(Schedule II.)
Number. cacreise oT original ju-
risdiction. which would
be appealable under! he
Code of Civil Procedure, rupees.
I90B had it been passed
by a Subordinate Court,
'{bb) from an order on a writ
petition under article 226
of the Constitution of One hundred rupees. S of 1908.
India, One hundred rupees.
'(bbb) from an order on a writ
petition or application
arising aul ofany cose Five rupees.
challenging any matter
on taxation,
(c) in any other ease.
(3) Where the appeal is under see Five rupees.
lion 4 5B or the Banking
Companies Act, 1949.
(4) Where the appeal is under
section 411A or the Code of Fifteen rupees, One
Criminal Procedure, 1E98.
(iv) to the Government in pursuance or a hundred rupees.
statutory right lo appeal Tor which 10 of 19.19.
no court-Tee is leviable under any
olhcr enacttncnt.
(i) When: the appeal is from an order 5 of 1898.
of a Munsif s Court,
(ii) in any olhcr case
Proper Fee. Ten rupees.
12. Memorandum or
appeal under
scclion 3? of I he
Arbitration Ad. I
WO.
(b) from an 19 of 1900.
order
Two hundred rupees. Five hundred
passed in
13. Caveat Ten rupees.
14. Application under Five rupees.

AclNo.Xofl859,
scclion 26, or Bengal
Aci No. VI of 1362,
section 9,
'Sub-items (bb) and (bbb) were inserted by s. 2(2) of the Wesl Bengal Court-Tees (Amendment) Act, 1985 (West Ben. Act XXIX of
1985).
The West Bengal Court-fees Act. J970. 289
X of 1970.]
(Schedule II.)
Proper Fee.
1
Number. 5.
Pl
aint or memo-
randum of appeal
in each or [he
f o l l o w i n
g suiLs:—
(i) lo alter or scl "'' Fifteen rupees,
aside a summary
decision or order
of any of [lie Civil
Courts nol
established by
Letters Palent or or
any Revenue
Court.
(ii) lo alter or cancel Fifteen rupees,
any entry in a
register of lhe
names of
proprietors of
revenue-paying
estates.
(iii) to obtain a ''' Twenty rupees,
declaratory
decree where no
consequential
relief is prayed,
(iv) lo set aside an Fifteen rupees.
award,
(v) to sel aside an
adoption, Twenty rupees, ■
(vi) every other suit
Fifteen rupees.
where it is nol
possible lo
estimate at a
money-value the
subjeel-malter in i
dispute, and whieh
is not
o t h e r w i s
e provided for
by this Acl.
16. Agreement in
writing staling a
question for the
opinion of the
Court under the
5 of 1908. Code of Civil

Procedure,
(i) when presented lo any courl Ten rupees, subordinate lo the
1908—
High Court.
(ii) when presented lolhe High Court. One hundred rupees.
[West Ben. Act
(Schedule il.)
Number. Proper Fee.
17, Petition in a suil under lhe Five rupees.
Native Converts'
Marriage Dissolution 21 of 1866.
Aci, 1866.
IS. Every petition under lhe Twcniy rupees.
Indian Divorce Aci, 4 of IB69.
1869, except petitions
under section 44 of the
same Act, and every
memorandum of appeal
under sec linn 55 oT
(he same Act.
19. Every peliiion for ■■■ Five rupees.

rcsti lu t ion o f co nj u gal
rights, judicial separa-
tion, divorce or divorcc
by mulual consent
under the
Special Marriage Aci, 43 of 1954.
1954, and every
memorandum of
appeal under scclion
39 of the same Act.
20. Every petition for ■■■ Five rupee!:,

rcsti lu ti o n o f co nju gal
rights, judicial separn-
lion or divorce under
lhe Hindu Marriage 25 of 1955.
Aci, 1955, and every
memorandum of
appeal under section
28 of lhe same Aci.
21. Plaint or mcmoran- --- Twcniy rupees,

dum of appeal under
lhe Parsi Marriage and 15 of [365.
Divorcc Act, 1865.
22. Petitions under lhe -•• Two rupees.

15 of 1372.
Indian Christian
Marriage Aci, IS72.
23. Plaint or memoran- Fifly rupees.

dum of appeal when
presented lo a Court
under the Indian
Colonial Divorcc
Jurisdiction Act, 1926.
291 77ie We.rt Bengal Court-fees Aci, 1970.
[West Ben. Act
(Schedule 11.)
Number,
14. Plain! or memorandum of
appeal when presented to a Court under the 8 or
Proper Fee.
1939. Dissolution or Muslim
Ten rupees.
Marriage Acl, 1939.
25. Petition—
(a) Questioning
lhe elccli on o r any pe rson as a Municipal Com-
missioner. when presented loa Dislricl Judge under
section 36 or ihe Bengal Municipal Acl, 1932 or
toIhe ChieTJudge, Small Cause Court of Calcutta Fifteen rupees.
under section Ti oT lhe Calcutta Municipal Act,
1951, or lo the District Judge, Howrah under lhe
same section of ihe sa me Ac l as amc n d cd
bylheHow rah Municipal Act, 1965.
(b) Questioning ihe va Ii di ly of an eleel ion under Fifleen rupees.
the West Bengal Zilla
Ben, Acl XV of
Prin\hatk Act, 1963,
1932.
when presented to a
District Judge under
see I ion ID2 of lhe said Acl lo decide dispute
relating lo such cleclions.
Wesl Ben. Acl

XXXIII of
1951.
26. Application or petition

Wesl Ben. Acl
to lhe Court under see I ions
XVII of 1965.
391, 439 or 523 of lhe
Companies Acl, 1956.
West Ben. Acl
XXXV of
Any olhcr application or
1963.
petition (o ihe Court for
judicial action or relief
under the said Acl, not
otherwise provided for
under this Acl.
Fifty rupees.
Ten rupees.
(Schedule III.)
SCHEDULE III.
" ANNEXURE A
VALUATION OFTHE MOVABLE AND IMMOVABLE PROPERTY OF
, DECEASED.
Rs. P.
Cash in the houseand at the banks, household goods, wearing-
apparel, books.plate, jewels, etc.
(State estimated value according to best of Executor's or
Administrator's belief.)
Property in Government sccuritics transferable al lhe Public
Debt Office.
(Slate description and value ai the price of the day; also Lhe in
teres i separately, calculating it to lhe time or making lhe
application.)
Immovable property consisting of .. .. ..
(S ta te d esc rip t i o n, giving, i n the ca s e of hou ses, th e
assessed value, if any, and the number of year's assessment the
market-value is estimated at, and, in the case of land, Lhe area,
Lhe markeL-value and all rents that have accrued.)
Leasehold property ,. .. ..
(If the deceased held any leases for years determinable,
state the number of year's purchase the profit rents are
estimated lo be worth and the value of such, inserting
separately arrears due at lhe date of deaLh and all rents
received or due since that date to the time of making lhe
application.)
Property in public companies .. .. ,.
(Slate the particulars and the value calculated at the price of the
day; also the interest separately, calculating it lo the time of
making the application.)
Policy of insurance upon life, money put on mortgage and other
securities, such as bonds, mortgages, bills, notes and other
securities For money.
(Statelheamountoflhewhole;alsotheinlerestseparalcly,
calculating it to the lime of making the application.)
Book Debts .. .. ..
. (Other than bad.)
Stock in trade .. .. ..
(Stale the eslimated value, if any.)
X on 970.]
The VVej/ Bengal Court-fees Act, 1970. 293
[West Ben. Act X of 1970.]
(Schedule III.)
Other property not comprised under the foregoing heads..

(Slate the estimated value, if any.)
Total ..
Deduct—amount shown in Annexure B not subject .. lo duty

Net Total ..
ANNEXURE B SCHEDULE OF DEBTS, ETC.

Rs. P.
Amounl of debts due and owing from the deseasetl, payable by law
out of Lhe estate. .. ., ..
Amount of funeral expenses .. ,, ..
Amount of mortgage incumbrances .. .. ..
Property held in trust not beneficially or with general power t o

confer a beneficial interest. .. .. - -
Other property not subjecL to duly ., .. ..
Tolal .,

The West Bengal Court-Fees Act, 1970 PDF

Uploaded by

Copyright:

Available Formats

The West Bengal Court-Fees Act, 1970 PDF

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

The West Bengal Court-Fees Act, 1970 PDF

Uploaded by

Copyright:

Available Formats

West Bengal Act X of 19701

THE WEST BENGAL COURT-FEES ACT, 1970.

WHEREAS it is expedient to amend and consolidate the law relating to court-

CHAPTER II Fees payable in Courts and in Public Officcs.

6. Notwithstanding anything contained in this Act or in any other law for

CHAPTER in Computation of fees.

(Chapter III.—Computation of fees.—Section 7.)

(ii) In suits for maintenance and annuities or other sums payable

(Chapter HI.—Computation of fees.—Section 7.)

Explanation.—In this paragraph "building" includes a house, out-

C Chapter 111.—Computation of fees.—Section S.)

Provided that, where such amount exceeds the value of the

Fes on 8. The amount of fee payable under this Acl on a memorandum

(Chapter III.—Computation of fees.—Sections 9-12.)

(Chapter III.—Computation of fees.—Seel ions 16-18.)

(Chapter III.—Compulation of fees.—Sections 19-22.)

Provided thai if, in Lhc case of a remand in appeal, the order of t

19. Where an application for a review of judgment is presented on or after

20. (I) Where an application for a review of judgment is admitted, and

(Chapter IV.—Probates, letters of administration and certificates of administration.—Section 24.)

(xi) Petition, application, charge or information respecting any

(Chapter IV.—Probates, letters of administration and certificates

32. (1) No order entitling lhe petitioner to the grant of probate or

The Wesl Bengal Court-fees Act, J 970. 261

thereupon have lhe force of law.

264 The West Bengal Court-fees Act, J 970.

ihis Aci, continue.

Number. Proper Fee.

application falling article I on the amount in

3. (a) Petition under

4. Application for review of The fte leviable on ihe plaint or

ajudgmcnlorordernol or less (han fifty rupees,

(a) When lhe slamp-duty

10. Probale of a will or

When Lhe amounl or value of

12. Plaint presented with an

Table of rates of ad valorem fees leviable on the institution of suits.

When lhe amount But does noL Proper Fees,

The Wei/ Bengal Conn-fees Act, 1970. 275

[West Ben. Act

Table of rates of ad valorem fees leviable on the institution of suits.—contd.

When the amount Bui does nol Proper Fees,

Table of rates of ad valorem fees leviable on the institution of suits.—contd.

When lhe amount But does not Proper Fees.

Table of rates of ad valorem fees leviable on the institution of suits.

When lhe amount Bui does nol Proper Fees,

276 The West Bengal Court-fees Act, 1970.

Table of rates of ad valorem fees leviable on the institution of suits,—contd.

When the amount But does not Proper Fee.

revenue in relation to any suit or

Number. Proper Fee.

Number. Proper Fee.

Number. Proper Fee.

One hundred rupees.

2. Original pclilion nol Coun.

(a) When presented to a One rupee. District Coun.

(a) from an order passed in

(i) When: the appeal is from an order 5 of 1898.

Proper Fee. Ten rupees.