WEST BENGAL STATE ACTS
West Bengal Act 10 of 1970
3. Levy of fees in Court of Small Causes, Calcutta.
4. Levy of fee in Courts and public offices.
5. Procedure in case of difference as to necessity of amount of fee.
6. Document inadmissible unless fees collected by stamp purchased in West Bengal.
7. Computation of fees payable in certain suits.
8. Fee on memorandum of appeal against order relating to compensation.
9. Statement of particulars of subject-matter of suits and plaintiffs valuation thereof.
10. Procedure where insufficient court-fee is filed on plaint or memorandum of appeal.
11. Inquiry as to valuation of suits.
12. Investigation to ascertain proper valuation.
13. Power of persons making inquiry under sections 11 and 12.
14. Costs of inquiry as to valuation and refund of excess fee.
15. Procedure in suits for mesne profits or account when amount found due exceeds amount claimed.
16. Decision of questions as to valuation.
17. Recovery of deficit court-fee in certain cases.
18. Refund of fee paid on memorandum of appeal.
19. Refund fee on application for review of judgment.
20. Refund where Court reverses or modifies its former decision on ground of mistake.
21. Multifarious suits.
22. Written examinations of complainants.
23. Exemption of certain documents.
24. Relief where too high a court-fee has been paid.
25. Relief where debts due from a deceased person have been paid out of his estate.
26. Relief in case of several grants.
27. Probates declared valid as to property though not covered by court-fee.
28. Provision for case where too low a court-fee has been paid on probates etc.
29. Administrator to give proper security before letters stamped under section 28.
30. Executors, etc., not paying full court-fee on probates, etc., within six months after discovery of under-payment.
31. Notice of application for probate or letters of administration to be given to Revenue-authority and procedure thereon.
32. Payment of court-fees in respect of probates and letters of administration.
33. Recovery of penalties, etc.
34. Section 42 not to apply to probates or letters of administration.
35. Rules as to costs of processes. Confirmation and publication of rules.
36. Tables of process fees.
37. Number of peons in district and subordinate Courts, Number of peons in Mofussil Small Causes Courts.
38. Number of peons in Revenue Courts.
39. Collection of fees by stamps.
40. Stamps to be impressed or adhesive.
41. Rules for supply, number, renewal and keeping accounts of stamps.
42. Stamping documents inadvertently received.
43. Amended document.
44. Cancellation of stamp.
45. Sale of stamps.
46. Enlargement of time.
47. Power to suspend, reduce or remit fees.
48. Saving of fees to certain officers of High Court.
49. Continuance in force of the existing rules.
50. Repeal and savings.
CHAPTER I Preliminary
1. Short title, extent and application. – (1) This Act may be called the West Bengal Court-fees Act, 1970.(2) It extends to the whole of the State of West Bengal.
CHAPTER II Fees payable in Courts and in Public Offices
3. Levy of fees in Court of Small Causes, Calcutta. – The fees for the time being chargeable in the Court of Small Causes at Calcutta, and its office shall be collected in the manner hereinafter appearing.
(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,
unless in respect of such document there be paid a fee of an amount not less than that indicated as chargeable under this Act:
CHAPTER III Computation of fees
7. Computation of fees payable in certain suits. – The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:-
(i) In suits for money including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically- according to the amount claimed:
(ii) In suits for maintenance and annuities or other sums payable periodically – according to the value of the subject-matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year:
Provided that in suits by widows for maintenance such value shall be deemed to be the amount claimed to be payable for one year;
(iii) In suits for movable property other than money, where the subject-matter has a market value – according to such value at the date of presenting the plaint;
(iv) In suits-
(a) for movable property where the subject-matter has no market value, as for instance, in the case of documents relating to title,
(b) to obtain a declaratory decree or order, where consequential relief is prayed,
(c) to obtain an injunction,
(d) for a right to some benefit (not herein otherwise provided for) to arise out of land, and
(e) for accounts – according to the amount at which the relief sought is valued in the plaint or memorandum of appeal subject to the provisions of section 11.
In all such suits the plaintiff shall state the amount at which he values the relief sought.
(v) In suits for the possession of land, buildings or gardens, not being suits referred to in clause (vi)-
(a) according to the value of the subject-matter, and such value shall be deemed to be fifteen times the net profits which have arisen from the land, building or garden during the year next before the date of presenting the plaint, or if the Court sees reason to think that such profits have been wrongly estimated, fifteen times such amount as the Court may assess as such profits or according to the market-value of the land, building or garden, whichever is lower;
(b) if, in the opinion of the Court, such profits are not readily ascertainable or assessable, or where there are no such profits, according to the market-value of the land, building or garden;
Explanation. – In this paragraph ‘building” includes a house, outhouse, stable, privy, urinal, shed, hut, wall and any other such 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 trespasser, where no declaration of title to property is either prayed for or necessary for disposal of the suit- according to the amount at which the relief sought is valued in the plaint subject to the provisions of section 11;
(b) a licensee upon revocation or termination of his license,-
(i) where a license fee is payable by the 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 the 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 the plaint subject to the provisions of section 11;
(vii) In suits to enforce a right of preemption – according to the market-value of the land, building or garden in respect of which the right is claimed;
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 property-if the plaintiff has been excluded from possession of the property of which he claims to be a coparcener or co-owner-according to the market-value of the share in respect of which the suit is instituted;
(ix) In suits for the interest of an assignee of land-revenue -fifteen times his net profits as such for the year next before the date of presenting the plaint;
(x) In suits to set aside an attachment of land or of an interest in land or revenue- according to the amount for which the land or interest was attached:
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;
(xi) In suits against a mortgagee for the recovery of the property mortgaged,
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;
(xii) In suits for specific performance-
(a) of a contract of sale – according to the amount of the consideration,
(b) of a contract of mortgage – according to the amount agreed to 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;
(xiii) In the following suits between landlord and tenant-
(a) for the delivery by a tenant of the 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 the 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 of the immovable property to which the suit refers, payable for the year next before the date of presenting the plaint.
(a) stay all further proceedings in the suit until it has determined the proper amount of such court-fee payable and the plaintiff or the appellant, as the case may be, has paid such amount or until the date referred to in clause (b), as the case may be:
Provided that if the plaintiff or appellant gives, within such time 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 date before which the plaintiff or appellant shall pay the amount of court-fee due from him, as determined by the Court under clause (a).
(3) If the plaintiff or appellant fails to give the security referred to in clause (a) of sub-section (2) or to pay the amount referred to in clause (b) of that sub-section within the time allowed, or before the date fixed, by the Court, as the case may be, the suit shall be dismissed.
(a) enforcing the attendance of any person and examining him on oath 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 judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code.
(a) if the party required to pay is the appellant or petitioner, the provisions of sub-sections (2) and (3) of section 10 shall, so far as may be, apply;
(b) if the party required to pay is the respondent or the opposite party, the provisions of sub-section (2) of section 10 shall, so far as may be, apply, and, if such party fails to pay the fee required before the date fixed by the Court, the Court shall recover the amount of such fee from him as a public demand.
Explanation. – For the purposes of this section a question relating to the classification of any suit for the purpose of section 7 shall not be deemed to be a question relating to valuation.
(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 the Union not in civil employment.
(ii) Written statements called for by the Court after the first hearing of a suit.
(iii) Probate of a will, letters of administration, where the amount or value of the property in respect of which the probate or letters or certificate shall be granted does not exceed two thousand rupees.
(iv) Application or petition to a Collector or other officer making a settlement of land-revenue, or to the Board of Revenue, relating to matters connected with the assessment of land or the ascertainment of rights thereto or interests therein, if presented previous to the final confirmation of such settlement.
(v) Application relating to a supply for irrigation of water belonging to 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 agent to distrain.
(ix) First application (other than a petition containing a criminal charge or information) for the summons of a witness 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 the 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.
(xi) Petition, application, charge or information respecting any offence, when presented, made or laid to or before a Police Officer, or to or before the Heads of Village or the 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 Code), a municipal officer, or an officer or employees of Government Railway.
(xiv) Application for permission to 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 of 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
24. Relief where too high a court-fee has been paid. – Where any person on applying for the probate of a will or letters of administration has estimated the property of the deceased to be of greater value than the same has afterwards proved to be, and has consequently paid too high a court-fee thereon, if, within six months after the true value of the property has been ascertained, such person produces the probate or letters to the Board of Revenue for the local area in which the probate or letters has or have been granted,and delivers to such 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;
(b) substitute another stamp for denoting the court-fee 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. Relief where debts due from a deceased person have been paid out of his estate. – (1) Whenever it is proved to the satisfaction of such Authority that an executor or administrator has paid debts due from the deceased to such an amount as, being deducted out of the amount or value of the estate, reduces the same to a sum which, if it had been the whole gross amount or value of the estate, would have occasioned a less court-fee to be paid on the probate or letters of administration granted in respect of such estate than has been actually paid thereon under this Act, such Authority may return the difference, provided the same be claimed within three years after the date of such probate or letters.
CHAPTER V Process-fees
35. Rules as to costs of processes. Confirmation and publication of rules. – (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) the remuneration of the peons and all other persons employed by leave of a Court in the service or execution of processes.
(2) The High Court may from time to time alter and add to the rules so made.(3) All such rules, alterations and additions shall after being confirmed by the State Government be published in the Official Gazette, and shall thereupon have the force of law.
CHAPTER VI Of the mode of levying fees
(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
(d) the keeping of accounts of all stamps used under this Act:
Provided that in the case of stamps used in the High Court, such rules shall be made with the concurrence of the Chief Justice of that Court.(2) All such rules shall be published in the Official Gazette, and shall thereupon have the force of law.
CHAPTER VII Miscellaneous
45. Sale of stamps. – (1) The State Government may, from time to time, make rules for regulating the sale of, and the particulars to be entered at the time of sale on, stamps to 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 the Official Gazette and shall thereupon have the force of law.(3) Any person appointed to sell stamps who disobeys any rule made under this section, and any person not so appointed who sells or offers for sale any stamps, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.