LexThe Himachal Pradesh Court Fees Act, 1968
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH COURT FEES ACT, 1968
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
FEES IN THE HIGH COURT
3. Levy of fees in the High Court.
4. Fees on documents filed, etc., in the High Court in its ordinary
and extra-ordinary jurisdiction.
5. Procedure in case of difference as to necessity or amount of fee.
CHAPTER III
FEES IN OTHER COURTS AND IN PUBLIC OFFICES
6. Fees on documents filed, etc., in Mofussil Courts o r in public
offices.
7. Computation of fees payable in certain suits.
8. Fee on memorandum of appeal against order relating to
compensation.
9. Power to ascertain in net profits or market-value.
10. Procedure where net profits or market-value wrongly estimated.
11. Procedure in suits for mesne profits or account whe n amount
decreed exceeds amount claimed.
12. Decision of questions as to valuation.
13. Refund of fee paid on memorandum of appeal.
14. Refund of fee on application for review of judgement.
15. Refund where Court reverses or modifies its former decision on
ground of mistake.
16. Multifarious suits.
17. Written examination of complainants.
18. Exemption of certain documents.
THE HIMACHAL PRADESH COURT FEES ACT, 1968 2
CHAPTER IV
PROBATES, LETTERS OF ADMINISTRATION AND
CERTIFICATES OF ADMINISTRATION
19. Relief where too high a court-fee has been paid.
20. Relief where debts due from a deceased person have been paid
out of his estate.
21. Relief in case of several grants.
22. Probates declared valid as to trust property though not covered
by court-fees.
23. Provision for case where too low a court-fee has be en paid on
probates etc.
24. Administrator to give proper security before letter s stamped
under section 23.
25. Executors, etc. not paying a full court-fee on prob ates etc.,
within six months after discovery of under-payment.
26. Notice of applications for probates or letters of a dministration
to be given to Revenue Authorities and procedure thereon.
27. Payment of court-fee in respect of probates and let ters of
administration.
28. Recovery of penalties etc.
29. Sections 6 and 37 not to apply to probates or lette rs of
administration.
CHAPTER V
PROCESS FEES
30. Rules as to costs of processes.
31. Exemption for certain processes.
32. Tables of process fees.
33. Number of peons in District and subordinate Courts.
CHAPTER VI
OF THE MODE OF LEVYING FEES
34. Collection of fees by stamps or by e-filing system.
35. Stamps to be impressed or adhesive.
36. Rules for supply, number, renewal and keeping accou nts of
stamps.
37. Stamping documents inadvertently received.
38. Amended document.
THE HIMACHAL PRADESH COURT FEES ACT, 1968 3
39. Cancellation of stamp.
CHAPTER VII
MISCELLANEOUS
40. Admission in criminal cases of documents for which proper fee
has not been paid.
41. Sale of stamps.
42. Power to enhance, reduce, remit or refund fees.
42A. Special provision regarding suits, appeals, r evision etc. filed by
or on behalf of the State Government before the Court.
43. Saving of fees to certain officers of the High Court.
44. Repeal and savings.
45. Levy of fees in certain suits etc., instituted before the
commencement of this Act.
THE FIRST SCHEDULE
THE SECOND SCHEDULE
THE THIRD SCHEDULE
THE HIMACHAL PRADESH COURT FEES ACT, 1968
(ACT NO. 8 OF 1968)
1
(Received the assent of the President on the 30 th April, 1968 and was
published in the Rajpatra, Himachal Pradesh (Extra- ordinary), dated the 29 th
October, 1968, pp. 1099-1130.)
An Act to levy Court Fees, in the
2[State] of Himachal Pradesh.
Amended, repealed or otherwise affected by,-
(i) The Himachal Pradesh Adaptation of Laws (State and
Concurrent Subjects) Order, 1973, published in the Rajpatra,
Himachal Pradesh (Extra-ordinary), dated the 20
th January,
1973, pp. 91-112, effective from 25 th January, 1971.
(ii) H.P. Act No. 1 of 2005 3 assented to by the Governor on 23 rd
January, 2005, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 24 th
January, 2005, pp. 3539-3542, effective from 26 th October,
2004.
1. For Statement of Objects and Reasons, see the R ajpatra, Himachal Pradesh
(Extra-ordinary), dated the 30 th January, 1968, p. 101.
2. Substituted for "Union territory" by A. O. 1973.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Prad esh (Extra-ordinary), dated
20 th December, 2004, pp. 2798 and 2802.
THE HIMACHAL PRADESH COURT FEES ACT, 1968 4
(iii) H.P. Act No. 4 of 2015 1 assented to by the Governor on 20 th
January, 2015, published both in Hindi and English in the
Rajpatra, Himachal Pradesh, dated 23 rd January, 2015, pp.
5759-5760, effective from 14 th October, 2014.
(iv) H.P. Act No. 8 of 2017 2 assented to by the Governor on 14 th
May, 2017, published both in Hindi and English in the Rajpatra,
Himachal Pradesh, dated 18 th May, 2017, pp. 1193-1195,
effective from 3rd February, 2017.
BE it enacted by the Legislative Assembly of Himachal Pradesh in
the Nineteenth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Court Fees Act, 1968.
(2) It extends to the whole of the 3[State] of Himachal Pradesh.
(3) It shall come into force at once.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "High Court" means the High Court of
4[Himachal Pradesh];
(b) "Official Gazette" means the Rajpatra, Himacha l Pradesh;
(c) "State Government" means 5[the Government of Himachal
Pradesh].
CHAPTER II
FEES IN THE HIGH COURT
3. Levy of fees in the High Court.- The fees payable for the time
being to the clerks and officers of the High Court or chargeable in that Court
under No. 9 of the First, and Nos. 7, 10, 11, 16 and 17 of the Second Schedule
to this Act annexed shall be collected in the manner hereinafter appearing.
4. Fees on documents filed, etc., in the High Court in its ordinary
and extra-ordinary jurisdiction.- No document of any of the kinds specified
in the First or Second Schedule to this Act annexed , as chargeable with fees,
shall be filed, exhibited or recorded in, or shall be received or furnished by the
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Prad esh, dated 10 th December,
2014, pp. 4874 and 4875-4876.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Prad esh, dated 7 th April, 2017,
pp. 106 and 108.
3. Substituted for "Union territory" by A. O. 1973.
4. Substituted for the words "Delhi," by A. O. 197 3.
5. Substituted for the words "the Lieutenant Gover nor of the Union Territory of
Himachal Pradesh" by A. O. 1973.
THE HIMACHAL PRADESH COURT FEES ACT, 1968 5
High Court in any case coming before such Court,-
(a) in the exercise of its ordinary or extra-ordin ary original civil
jurisdiction; or
(b) in the exercise of its jurisdiction as regards appeal from the
Courts subject to its superintendence; or
(c) in the exercise of its jurisdiction as a Court of reference or
revision; or
(d) in the exercise of its jurisdiction to issue d irections, orders or
writs under the Constitution of India; or
(e) in the exercise of its jurisdiction in any oth er manner;
unless in respect of such document there be paid a fee of an amount not less
than that indicated by either of the said schedules as the proper fee for such
document.
5. Procedure in case of difference as to necessity or amount of
fee.- (1) When any difference arises between the officer whose duty it is to see
that any fee is paid under this chapter and any sui tor or attorney, as to the
necessity of paying a fee or the amount thereof, th e question shall when the
difference arises in the High Court be referred to the Taxing Officer, whose
decision thereon shall be final, except when the qu estion is, in his opinion,
one of general importance, in which case he shall r efer it to the final decision
of the Chief Justice of the High Court or of such J udge of the High Court as
the Chief Justice shall appoint either generally or specially in this behalf.
(2) The Chief Justice of the High Court shall decla re who shall be the
Taxing Officer for the purposes of sub-section (1).
CHAPTER III
FEES IN OTHER COURTS AND IN PUBLIC OFFICES
6. Fees on documents filed, etc., in Mofussil Court s or in public
offices.- Except in the High Court, no document of any of the kinds specified
as chargeable in the First or Second Schedule to th is Act annexed shall be
filed, exhibited or recorded in any Court of Justic e, or shall be received or
furnished by any public officer, unless in respect of such document there be
paid a fee of an amount not less than that indicate d by either of the said
Schedules as the proper fee for such document.
7. Computation of fees payable in certain suits.- The amount of fee
payable under this Act in the suits next hereinafte r mentioned shall be
computed as follows:-
(i) for money.- In suits for money (including suits for damages
or compensation, or arrears of maintenance, annuiti es, or of
other sums payable periodically)-according to the a mount
claimed;
(ii) for maintenance and annuities.- (a) In suits for maintenance
THE HIMACHAL PRADESH COURT FEES ACT, 1968 6
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;
(b) In suits for reduction or enhancement of maintenance and
annuities or other sums payable, periodically- acco rding
to the value of the subject matter of the suit and such
value shall be deemed to be ten times the amount so ught
to be reduced or enhanced for one year;
(iii) for other movable property having a market v alue.- 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 of no market value.- for movable
property where the subject-matter has no market-val ue,
as, for instance, in the case of documents relating to title;
(b) to enforce a right to share in joint family pro perty.- to
enforce the right to share in any property on the g round
that it is joint family property;
(c) for a declaratory decree and consequential rel eif.- to
obtain a declaratory decree or order, where consequ ential
relief is prayed;
(d) for an injunction.- to obtain an injunction;
(e) for easements .- for a right to some benefit (not herein
otherwise provided for) to arise out of land; and
(f) for accounts.- for accounts;
according to the amount at which the relief sought is valued in the plaint or
memorandum of appeal;
In all such suits the plaintiff shall state the amo unt at which he values
the relief sought:
Provided that the minimum court-fee in each case sh all be thirteen
rupees:
Provided further that in suit coming under sub-clau se (c), in cases
here the relief sought is with reference to any property such valuation shall not
be less than the value of the property calculated in the manner provided for by
paragraph (v) of this section.
(v) for possession of land, houses and gardens.- In suits for the
possession of land, houses and gardens-according to the value
of the subject-matter and such value shall be deemed to be-
where the subject-matter is land, and-
THE HIMACHAL PRADESH COURT FEES ACT, 1968 7
(a) where the land forms an entire estate, or a definit e share of
an estate, paying annual revenue to Government;
or forms part of such an estate and is recorded in the
Collector's register as separately assessed with su ch
revenue,
and such revenue is permanently settled-- ten times the
revenue so payable;
(b) where the land forms an entire estate, or a definit e share of
an estate, paying annual revenue to Government or f orms
part of such estate and is recorded as aforesaid;
and such revenue is settled, but not permanently-te n times
the revenue so payable;
(c) where the land pays no such revenue, or has been pa rtially
exempted from such payment,
or is charged with any fixed payment in lieu of suc h
revenue;
and net profits have arisen from the land during th e year
next before the date of presenting the plaint-fifte en times
such net profits, but where no such net profits hav e arisen
therefrom--the amount at which the Court shall estimate the
land with reference to the value of similar land in the
neighbourhood;
(d) where the land forms part of an estate paying revenue to
Government, but is not a definite share of such estate and is
not separately assessed as above mentioned-the mark et-
value of the land;
Explanation.- The word "estate", as used, in this paragraph means any
land subject to the payment of revenue, for which the proprietor or a farmer or
ryot shall have executed as separate engagement to Government, or which, in
the absence of such engagement, shall have been sep arately assessed with
revenue
(e) for houses and gardens.- Where the subject-matter is
house or garden-according to the market-value of th e house
or garden;
(vi) to enforce a right of pre-emption.- In suits to enforce a right
of pre-emption according to the value [computed in
accordance with paragraph (v) of this section] of t he land,
house or garden in respect of which the right is claimed;
(vii) for interest of assignee of land revenue.- In suits for the
interest of an assignee of land revenue-fifteen tim es his net
profit as such for the year next before the date of presenting
the plaint;
THE HIMACHAL PRADESH COURT FEES ACT, 1968 8
(viii) to set aside an attachment.- In suits to set aside an
attachment of land or of an interest in land or rev enue-
according to the amount for which the land or inter est 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;
(ix) to redeem.- In suits against a mortgagee for the recovery of
the property mortgaged-according to half the principal money
expressed to be secured by the instrument of mortgage;
to foreclose.- and in suits by mortgagee to foreclose the
mortgage, or, where the mortgage is made by conditi onal
sale, to have the sale declared absolute-according to the
principal money expressed to be secured by the inst rument of
mortgage;
(x) for specific performance.- 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 aggreg ate amount
of the fine or premium (if any) and of the rent agr eed to
be paid during the first year of the term;
(d) of an award-according to the amount or value o f the
property in dispute;
(xi) between landlord and tenant .- In the following suits
between landlord and tenant-
(a) for the delivery by 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 determina tion 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 la ndlord;
and
(g) for abatement of rent-
according to the amount of the rent of the immovabl e property to which the
THE HIMACHAL PRADESH COURT FEES ACT, 1968 9
suit refers, payable for the year next before the date of presenting the plaint.
8. Fee on memorandum of appeal against order relati ng to
compensation.- The amount of fee payable under this Act on a memor andum
of appeal against an order relating to compensation under any Act for the time
being in force for the acquisition of land for publ ic purposes, shall be
computed according to the difference between the am ount awarded and the
amount claimed by the appellant.
9. Power to ascertain net profits of market-value.- If the Court sees
reason to think that the annual net profits or the market-value of any such
land, house or garden as is mentioned in section 7 paragraphs (v) and (vi)
have or has been wrongly estimated, the Court, may, for the purpose of
computing the fee payable in any suit therein menti oned, issue a commission
to any proper person directing him to make such local or other investigation as
may be necessary, and to report thereon to the Court.
10. Procedure where net profits or market-value wro ngly
estimated.- (1) If in the result of any such investigation the Court finds that
the net profits or market-value have or has been wrongly estimated, the Court,
if the estimation has been excessive, may in its di scretion refund the excess
paid as such fee; but, if the estimation has been i nsufficient, the Court shall
require the plaintiff to pay so much additional fee as would have been payable
had the said market-value or net profits been rightly estimated.
(2) In such case the suit shall be stayed until the additional fee is paid
and if the additional fee is not paid within such time as the Court shall fix, the
suit shall be dismissed.
11. Procedure in suits for mesne profits or account when amount
decreed exceeds amount claimed.- (1) In suits for mesne profits or for
immovable property and mesne profits, or for an acc ount, if the profits or
amount decreed are or is in excess of the profits c laimed or the amount at
which the plaintiff value the relief sought, the de cree shall not be drawn up
until the difference between the fee actually paid and the fee which would
have been payable had the suit comprised the whole of the profits or amount
so decreed shall have been paid to the proper officer.
(2) Where the amount of mesne profits is left to be ascertained in the
course of the execution of the decree, if the profi ts so ascertained exceed the
profits claimed, the further execution of the decre e shall be stayed until the
difference between the fee actually paid and the fe e which would have been
payable had the suit comprised the whole of the pro fits so ascertained is paid
and if the additional fee is not paid within such time as the Court shall fix, the
suit shall be dismissed.
12. Decision of questions as to valuation.- (1) Every question
relating to valuation for the purpose of determinin g the amount of any fee
chargeable under this Chapter on a plaint or memora ndum of appeal shall be
decided by the Court in which such plaint or memora ndum, as the case may
be, is filed, and such decision shall be final as between the parties to the suit.
THE HIMACHAL PRADESH COURT FEES ACT, 1968 10
(2) But whenever any such suit comes before a Court of appeal,
reference or revision, if such Court considers that the said question has been
wrongly decided to the detriment of the revenue, it shall require the party by
whom such fee has been paid to pay so much addition al fee as would have
been payable had the question been rightly decided, and the provisions of sub-
section (2) of section 10 shall apply.
13. Refund of fee paid on memorandum of appeal.- If an appeal or
plaint, which has been rejected by the lower Court on any of the grounds
mentioned in the Code of Civil Procedure 1908 (5 of 1908), is ordered to be
received, or if a suit is remanded in appeal under Order XLI, Rule 23, of the
First Schedule to that Code for a second decision b y the lower Court, the
appellate Court shall grant to the appellant a cert ificate, authorising him to
receive back from the Collector the full amount of fee paid on the
memorandum of appeal:
Provided that if, in the case of a remand in appeal , the order of
remand shall not cover the whole of the subject-mat ter of the suit, the
certificate so granted shall not authorise the appe llant to receive back more
than so much fees as would have been originally pay able on the part or parts
of such subject matter in respect whereof the suit has been remanded.
14. Refund of fee on application for review of judg ment.- Where
an application for a review of judgment is presente d on or after the ninetieth
day from the date of the decree, the Court, unless the delay was caused by the
applicant's laches, may, in its discretion, grant h im a certificate authorising
him to receive back from the Collector so much of t he fee paid on the
application as exceeds the fee which would have bee n payable had it been
presented before such day.
15. Refund where Court reverses or modifies its for mer decision
on ground of mistake.- Where an application for review of judgment is
admitted, and where, on the rehearing, the Court re verses or modifies its
former decision on the ground of mistake in law or fact, the applicant shall be
entitled to a certificate from the Court authorisin g him to receive back from
the Collector so much of the fee paid on the applic ation as exceeds the fee
payable on any other application to such Court unde r the Second Schedule to
this Act, No. 1, clause (b) or clause (d).
But nothing in the former part of this section shall entitle the applicant
to such certificate where the reversal or modification is due, wholly or in part,
to fresh evidence which might have been produced at the original hearing.
16. Multifarious suits.- Where a suit embraces two or more distinct
subjects, the plaint or memorandum of appeal shall be chargeable with the
aggregate amount of the fees to which the plaints o r memoranda of appeal in
suits embracing separately each of such subjects wo uld be liable under this
Act. Nothing in the former part of this section sha ll be deemed to affect the
power conferred by Order II, Rule 6, of the First Schedule to the Code of Civil
Procedure, 1908 (5 of 1908).
THE HIMACHAL PRADESH COURT FEES ACT, 1968 11
17. Written examinations of complainants.- When the first or only
examination of person who complains of the offence of wrongful
confinement, or of wrongful restraint, or of any of fence other than an offence
for which police officers may arrest without a warr ant and who has not
already presented a petition on which a fee has bee n levied under this Act, is
reduced to writing under the provisions of the Code of Criminal Procedure,
1898 (5 of 1898), the complainant shall pay a fee of one rupee and twenty-five
paise, unless the Court thinks fit to remit such payment.
18. Exemption of certain documents.- Nothing contained in this Act
shall render the following documents chargeable with any fee:-
(i) Power-of-attorney to institute or defend a sui t 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 af ter the first
hearing of a suit.
(iii) Probate of a will and letters of administrat ion, where the
amount or value of the property in respect of which the
probate or letters shall be granted does not exceed one
thousand rupees.
(iv) Application or petition to a Collector or oth er officer
making a settlement of land-revenue, or to a Board of
Revenue, or a Commissioner of Revenue, relating to
matters connected with the assessment of land, or t he
ascertainment of rights thereto or interests therei n, if
presented previous to the final confirmation of suc h
settlement.
(v) Application relating to a supply for irrigatio n 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 relinqu ishment of land
or of enhancement of rent.
(viii) Written authority to an agent to distrain.
(ix) First application (other than a petition cont aining a criminal
charge or information) for the summons of a witness or
other person to attend either to give evidence or t o produce
a document, or in respect of the production or fili ng of an
exhibit not being an affidavit made for the immedia te
purpose of being produced in Court.
(x) Bail-bonds in criminal cases, recognizances to prosecute or
give evidence, and recognizances for personal appea rance
THE HIMACHAL PRADESH COURT FEES ACT, 1968 12
or otherwise.
(xi) Petition, application, charge or information respecting any
offence, when presented, made or laid to or before a police
officer.
(xii) Petition by a prisoner, or other person in d uress or under
restraint of any Court or its officers.
(xiii) Complaint of a public servant as defined in the Indian Penal
Code, 1860 (45 of 1860), a municipal officer, or an officer
or servant of Railway Company.
(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 G overnment
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 prope rty for
public purposes.
(xviii) Petitions under the Indian Christian Marria ge Act, 1872 (15
of 1872), sections 45 and 48.
CHAPTER-IV
PROBATES, LETTERS OF ADMINSTRATION AND
CERTIFICATES OF ADMINSTRATION
19. Relief where too high a court-fee has been paid .- Where any
person on applying for the probate of a will or let ters 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,-
(a) produces the probate or letters to the Chief C ontrolling
Revenue Authority for the local area in which the p robate or
letters has or have been granted;
(b) delivers to such authority a particular invent ory and valuation
of the property of the deceased, verified by affida vit or
affirmation; and
(c) 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;
THE HIMACHAL PRADESH COURT FEES ACT, 1968 13
(b) substitute another stamp for denoting the cour t-fee which
should have been paid thereon; and
(c) make an allowance for the difference between t hem as in
the case of spoiled stamps, or repay the same in money, at
his discretion.
20. Relief where debts due from a deceased person have been paid
out of his estate.- Whenever it is proved to the satisfaction of the au thority
referred to in section 19 that an executor or admin istrator has paid debts due
from the deceased to such an amount as, being deduc ted out of the amount or
value of the estate, reduces the same to a sum whic h, if it had been the whole
gross amount or value of the estate, would have occ asioned 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 th is Act, such authority may
return the difference, provided the same be claimed within three years after
the date of such probate or letters.
But when, by reason of any legal proceeding, the de bts due from the
deceased have not been ascertained and paid, or his effects have not been
recovered and made available, and in consequence th ereof the executor or
administrator is prevented from claiming the return of such difference within
the said term of three years, the said Authority, m ay allow such further time
for making the claim as may appear to be reasonable under the circumstances.
21. Relief in case of several grants.- (1) Whenever a grant of probate
or letters of administration has been or is made in respect of the whole of the
property belonging to an estate, and the full fee c hargeable under this Act has
been or is paid thereon, no fee shall be chargeable under the same Act when a
like grant is made in respect of the whole or any p art of the same property
belonging to the same estate.
(2) Whenever such a grant has been or is made in re spect of any
property forming part of an estate, the amount of fees then actually paid under
this Act shall be deducted when a like grant is mad e in respect of property
belonging to the same estate, identical with or including the property to which
the former grant relates.
22. Probates declared valid as to trust property th ough not
covered by court-fees.- The probate of the will, or the letters of
administration of the effects of any person decease d heretofore or hereafter
granted shall be deemed valid and available by his executors or administrators
for recovering, transferring or assigning any movab le or immovable property
whereof or whereto the deceased was possessed or en titled, either wholly or
partially as a trustee, notwithstanding the amount or value of such property is
not included in the amount or value of the estate i n respect of which a court-
fee was paid on such probate or letters of administration.
23. Provision for case where too low a court-fee ha s been paid on
probates etc.- Where any person on applying for probate or letters of
administration has estimated the estate of the deceased to be of less value than
the same has afterward proved to be, and has in con sequence paid too low a
THE HIMACHAL PRADESH COURT FEES ACT, 1968 14
court-fee thereon, the Chief Controlling Revenue Au thority for the local area
in which the probate or letters has or have been gr anted may, on the value of
the estate of the deceased being verified by affida vit or affirmation, cause the
probate or letters of administration to be duly sta mped on payment of the full
court-fee which ought to have been originally paid thereon in respect of such
value and of the further penalty, if the probate or letters is or are produced
within one year from the date of the grant, of five times, or if it or they is or
are produced after one year from such date, of twen ty times, such proper
court-fee, without any deduction of the court-fee o riginally paid on such
probate or letters:
Provided that, if the application be made within si x months after the
ascertainment of the true value of the estate and t he discovery that too low a
court-fee was at first paid on the probate or lette rs, and if the said authority is
satisfied that such fee was paid in consequence of a mistake or of its not being
known at the time that some particular part of the estate belonged to 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 the
probate or letters to be duly stamped on payment on ly of the sum wanting to
make up the fee which should have been at first paid thereon.
24. Administrator to give proper security before le tters stamped
under Section 23.- In case of letters of administration on which too l ow a
court- fee has been paid at first, the said authori ty shall not cause the same to
be duly stamped in the manner referred to in sectio n 23 until the
Administrator has given such security to the Court by which the letters of
administration have been granted as sought by law t o have been given on the
granting thereof in case the full value of the esta te of the deceased had been
then ascertained.
25. Executions, etc., not paying full court-fee on probates etc.,
within six months after discovery of under-payment. - Where too low a
court-fee has been paid on any probate or letters o f administration in
consequence of any mistake, or of its not being kno wn at the time that some
particular part of the estate belonged to the decea sed, if any executor or
administrator acting under such probate or letters does not, within six months
after the discovery of the mistake or of any effect s not known at the time to
have belonged to the deceased, apply to the said au thority and pay what is
wanting to make up the court-fee which ought to hav e been paid at first on
such probate or letters, he shall forfeit the sum o f one thousand rupees and
also a further sum at the rate of ten rupees percen t, on the amount of the sum
wanting to make up the proper court-fee.
26. Notice of applications for probate or letters o f administration
to be given to Revenue Authorities and procedure th ereon.- (1) Where an
application for probate or letters of administratio n is made to any Court other
than the High Court, the Court shall cause notice of the application to be given
to the Collector.
(2) Where such an application as aforesaid is made to the High Court,
that Court shall cause notice of the application to be given to the Chief
THE HIMACHAL PRADESH COURT FEES ACT, 1968 15
Controlling Revenue Authority.
(3) The Collector within the local limits of whose revenue jurisdiction
the property of the deceased or any part thereof, is, may at any time inspect or
cause to be inspected, and take or cause to be take n copies of, the record of
any case in which application for probate or letter s of administration has been
made; and if, on such inspection or otherwise, he i s of opinion that the
petitioner has under-estimated the value of the pro perty of the deceased, the
Collector may, if he thinks fit, require the attend ance of the petitioner (either
in person or by agent) and take evidence and inquir e 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 the
valuation.
(4) If the petitioner does not amend the valuation to the satisfaction of
the Collector, the Collector may move the Court bef ore which the application
for probate or letters of administration was made, to hold an inquiry into the
true value of the property:
Provided that no such motion shall be made after th e expiration of six
months from the date of the exhibition of the inven tory required by section
317 of the Indian Succession Act, 1925 (39 of 1925).
(5) The Court, when so moved as aforesaid, shall ho ld, or cause to be
held, an inquiry accordingly and shall record a fin ding as to the true value, as
near as may be, at which the property of the deceas ed should have been
estimated and the Collector shall be deemed to be a party to the inquiry.
(6) For the purposes of any inquiry under sub-section (5), the Court or
any person authorised by the Court to hold the inqu iry may examine the
petitioner for probate or letters of administration on oath (whether in person or
by commission), and may take such further evidence as may be produced to
prove the true value of the property and such perso n shall return to the Court
the evidence taken by him and report the result of the inquiry, and such report
and the evidence so taken shall be evidence in the proceeding, and the Court
may record a finding in accordance with the report, unless it is satisfied that it
is erroneous.
(7) The finding of the Court recorded under sub-sec tion (5) shall be
final, but shall not bar the entertainment and disposal by the Chief Controlling
Revenue Authority of any application under section 23.
(8) The State Government may make rules for the gui dance of
Collectors in the exercise of the powers conferred by sub-section (3).
27. Payment of court-fee in respect of probates and letters of
Administration.- (1) No order entitling the petitioner to the grant of probate
or letters of administration shall be made upon an application for such grant
until the petitioner has filed in the Court a valua tion of the property in the
form set forth in the Third Schedule, and the Court is satisfied that the fee
mentioned in No. 9 of the First Schedule has been paid on such valuation.
(2) The grant of probate or letters of administrati on shall not be
THE HIMACHAL PRADESH COURT FEES ACT, 1968 16
delayed by reason of any motion made by the Collect or under sub-section (4)
of section 26.
28. Recovery of penalties etc.- (1) Any excess fee found to be
payable on an inquiry held under sub-section (6) of section 26 and any penalty
or forfeiture under section 25 may, on the certific ate of the Chief Controlling
Revenue Authority, be recovered from the executor o r administrator as if it
were an arrear of land revenue by any Collector.
(2) The Chief Controlling Revenue Authority may rem it the whole or
any part of any such penalty or forfeiture as afore said, or any part of any
penalty under section 23 or of any court-fee under section 23 in excess of the
full court-fee which ought to have been paid.
29. Sections 6 and 37 not to apply to probates or l etters of
administration.- Nothing in section 6 or section 37 shall apply to p robates or
letters of administration.
CHAPTER-V
PROCESS FEES
30. Rules as to costs of processes.- (1) The High Court shall, as soon
as may be, make rules as to the following matters, namely:-
(a) the fees chargeable for serving and executing processes issued
by such Court in its appellate jurisdiction, and by the other
Civil Courts established within the local limits of such
jurisdiction;
(b) the fees chargeable for serving and executing processes issued
by the Criminal Courts established within such limi ts in the
case of offences other than offences for which poli ce officers
may arrest without a warrant; and
(c) the remuneration of the peons and all other pe rsons employed
by the leave of a Court in the service or execution of
processes.
(2) The High Court may from time to time alter or a dd to the rules
made under sub-section (1).
(3) All rules made under sub-section (1) and all al terations and
additions made under sub-section (2) shall, after b eing confirmed by the
State Government, be published in the Official Gaze tte, and shall
thereupon have the force of law.
(4) Until any rules are made and published under th is section, the
fees leviable immediately before the commencement o f this Act for serving
and executing processes shall continue to be levied , and shall be deemed to
be fees leviable under this Act.
31. Exemption for certain processes.- (1) Notwithstanding anything
contained in section 30 or in the rules made thereu nder, no fees shall be
charged for serving and executing processes on behalf of-
THE HIMACHAL PRADESH COURT FEES ACT, 1968 17
(a) the prosecution in any criminal proceedings, t aken on
information presented or complaint made by a public officer
acting in his official capacity; and
(b) a liquidator or an arbitrator appointed under t he provisions of
the Himachal Pradesh Co-operative Societies Act, 19 56 (13
of 1956).
(2) The State Government may by notification in the Official
Gazette determine what persons shall be deemed to be public officers for the
purpose of sub-section (1).
32. Tables of process fees.- A table in the English and vernacular
languages, showing the fees chargeable for serving and executing processes
shall be exposed to view in a conspicuous part of each Court.
33. Number of peons in District and subordinate Cou rts.- (1)
Subject to such rules as may be made by the High Co urt and approved by the
State Government every District Judge and every Magistrate of a District shall
fix, and may from time to time alter, the 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.
(2) For the purposes of this section, every Court o f Small Causes
established under section 5 of the Provincial Small Cause Courts Act, 1887, (9
of 1887) shall be deemed to be subordinate to the Court of the District Judge.
CHAPTER-VI
OF THE MODE OF LEVYING FEES
1[34. Collection of fees by stamps or by e-filing sy stem.- All fees
referred to in section 3 or chargeable under this A ct shall be collected by
stamps or by way of e-filing system in the manner as may be prescribed.]
35. Stamps to be impressed or adhesive.- The stamps used to denote
any fees chargeable under this Act shall be impress ed, or adhesive, or partly
impressed and partly adhesive, as the State Governm ent may, by notification
in the Official Gazette, from time to time direct.
36. Rules for supply, number, renewal and keeping a ccounts of
stamps.- (1) The State Government may from time to time, mak e rules for
regulating-
(a) the supply of stamps to be used under this Act ;
(b) the number of stamps to be used for denoting a ny fee
chargeable under this Act;
(c) the renewal of damaged or spoiled stamps; and
(d) the keeping accounts of all stamp used under t his Act:
Provided that, in the case of stamps used under sec tion 3 in the High
1. Section 34 substituted vide Act No. 4 of 2015, e ffective from 14 th October, 2014.
THE HIMACHAL PRADESH COURT FEES ACT, 1968 18
Court, such rules shall be made with the concurrenc e of the Chief Justice of
such Court.
(2) All rules made under sub-section (1) shall be p ublished in the
Official Gazette, and shall thereupon have the force of law.
37. Stamping documents inadvertently received.- No document
which ought to bear a stamp under this Act shall be of any validity, unless and
until it is properly stamped, but if any such docum ent is through mistake or
inadvertence received, filed or used in any Court o r office, without being
properly stamped, the presiding Judge or the head o f the office, as the case
may be, or in the case of the 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 ev ery proceeding relative
thereto shall be as valid as if it had been properly stamped in the first instance.
38. Amended document.- Where any such document is amended in
order merely to correct a mistake and to make it co nform to the original
intention of the parties, it shall not be necessary to impose a fresh stamp.
39. Cancellation of stamp.- (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 been cancelled.
(2) Such officer as the Court or the head of the of fice may from time
to time appoint shall, on receiving any such docume nt, forthwith effect such
cancellation by punching out the figure-head so as to leave the amount
designated on the stamp untouched, and the part rem oved by punching shall
be burnt or otherwise destroyed.
CHAPTER-VII
MISCELLANEOUS
40. Admission in criminal cases of documents for wh ich proper
fee has not been paid.- Whenever the filing or exhibition in a Criminal Court
of a document in respect of which the proper fee ha s not been paid is, in the
opinion of the presiding Judge, necessary to preven t a failure of justice,
nothing contained in section 4 or section 6 shall b e deemed to prohibit such
filing or exhibition.
41. Sale of stamps.- (1) The State Government may from time to time
make rules for regulating the sale of 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 Offici al Gazette, and shall
thereupon have the force of law.
(3) Any person appointed to sell stamps who disobey s any rule made
under this section, and any person not so appointed who sells or offers for sale
any stamp, shall be punished with imprisonment for a term which may extend
to six months, or with fine which may extend to fiv e hundred rupees, or with
both.
THE HIMACHAL PRADESH COURT FEES ACT, 1968 19
1[42. Power to enhance, reduce, remit or refund fees .- The State
Government may, by notification in the Official Gaz ette, enhance, reduce,
remit or refund, all or any of the fees proExcerpt shown. Open the full act in Lexace.