LexThe Maharashtra Court-fees Act
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1959 : XXXVI] 1
THE MAHARASHTRA COURT-FEES ACT
[Text as on 9th May 2024]
______________
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent, commencement and application.
2. Definitions.
CHAPTER II
FEES IN THE HIGH COURT AND IN THE COURT OF SMALL CAUSES AT BOMBAY
3. Levy of fees in High Court on its original side.
Levy of fees in Bombay Small Causes Court.
4. Procedure in case of difference as to necessity or amount of fee.
CHAPTER III
COMPUTATION OF FEES
5. Fees on documents filed, etc., in Courts or in public offices.
6. Computation of fees payable in certain suits—
(i) For money.
(ii) For maintenance and annuities.
(iii) For other moveable property having a market value.
(iv) (a) against recovery of any money due as a tax, etc.
(b) similar claim in respect of moveable property.
(c) for status with monetary attribute.
(d) for ownership, etc., of immoveable property, etc.
(e) declaration for easements, etc.
(f) for other status without monetary attribute.
(g) for charge on property.
(h) for periodical money returns.
(ha) for avoidance of sale, contract for sale, etc.
(hb) for avoidance of acquisition proceedings.
(i) for accounts.
(j) for other declarations.
(v) for possession of lands, houses and gardens.
2 The Maharashtra Court-fees Act [1959 : XXXVI
(vi) to enforce a right of pre-emption.
(vii) for share in joint property.
(viii) for interest of assignee of land revenue.
(ix) to set aside an attachment.
(x) to redeem.
to foreclose.
(xi) for specific performance.
(xii) between landlord and tenant.
7. Fee on memorandum of appeal against order or award relating to compensation in certain
cases.
8. Inquiry as to valuation of suits.
9. Investigation to ascertain proper valuation.
10. Power of persons making inquiry under sections 8 and 9.
11. Costs of inquiry as to valuation and refund of excess fee.
12. Appointment of inspecting officers and recovery in cases reported by them.
13. Taxing of court-fees and their recovery in suits for mesne profits or accounts.
14. Decision of questions as to valuation.
15. Refund of fee paid on memorandum of appeal.
16. Refund of fee on application for review of judgement.
17. Refund where Court reverses or modifies its former decision on ground of mistake.
17A. Period of limitation for refund of fees under section 15, 16 or 17.
18. Multifarious suits.
19. Written examinations of complainants.
20. Exemption of certain documents.
CHAPTER IV
PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION
21. Relief where too high a court-fee has been paid.
22. Relief when debts due from a deceased person have been paid out of his estate.
23. Relief in case of several grants.
24. Probates declared valid as to trust property, though not covered by court-fee.
25. Provision for case where too low a court-fee has been paid on probates, etc.
26. Administrator to give proper security before letters stamped under section 25.
27. Executors, etc. not paying full court-fee on probates, etc. within six months after discovery of
under payment.
1959 : XXXVI] The Maharashtra Court-fees Act 3
28. Notice of applications for probate or letters of administration to be gi ven to Revenue
Authorities, and procedure thereon.
29. Payment of court-fee in respect of probate and letters of administration.
30. Recovery of penalties, etc.
31. Sections 5 and 40 not to apply to probates or letters of administration.
CHAPTER V
PROCESS FEES
32. Rules as to costs of processes.
Confirmation and publication of rules.
33. Tables of process fees.
34. Number of peons in District and Subordinate Courts.
Number of peons in Mofussil Small Causes Courts.
35. Number of peons in Revenue Courts.
CHAPTER VI
OF THE MODE OF LEVYING FEES
36. Rate of fee in force on date of presentation of document to be applicable.
37. Collection of fees by stamps or e-payment.
38. Stamps to be impressed or adhesive.
39. Rules for supply, number, renewal and keeping accounts of stamps.
40. Stamping documents inadvertently received.
41. Amended document.
42. Cancellation of stamps.
CHAPTER VII
MISCELLANEOUS
43. Repayment of fee in certain circumstances.
44. Admission in criminal cases of documents for which proper fee has not been paid.
45. Sale of stamps.
46. Power to reduce or remit fees.
47. Saving of fees to certain officers of High Court.
48. Saving as to stamp duties.
49. Repeal and saving.
50. Amendment of Suits Valuation Acts.
51. Reduction of Court-fee from amount of stamp duty payable on final order of partition.
52. Rules made by Government to be laid before State Legislature.
4 The Maharashtra Court-fees Act [1959 : XXXVI
SCHEDULES
I. Ad valorem fees.
Table of rates of ad valorem fees leviable on the institution of suits.
II. Fixed fees.
III. Form of valuation.
ANNEXURE A: VALUATION OF THE MOVEABLE AND IMMOVEABLE PROPERTY OF
DECEASED.
ANNEXURE B: SCHEDULE OF DEBTS, ETC.
IV. Laws repealed.
V. Laws amended.
1959 : XXXVI] The Maharashtra Court-fees Act 5
LIST OF AMENDMENTS ACTS
1. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
2. Amended by Mah. 18 of 1960
3. Amended by Mah. 18 of 1966
4. Amended by Mah. 33 of 1967
5. Amended by Mah. 9 of 1970
6. Amended by Mah. 28 of 1970
7. Amended by Mah. 50 of 1974 (21-9-1974)
8. Amended by Mah. 57 of 1974 (12-12-1974)
9. Amended by Mah. 10 of 1976 (12-4-1976)
10. Amended by Mah. 12 of 1976 (1-7-1976)
11. Amended by Mah. 50 of 1976 (1-4-1976)
12. Amended by Mah. 51 of 1976
13. Amended by Mah. 59 of 1977 (1-1-1978)
14. Amended by Mah. 15 of 1984 (31-7-1984)
15. Amended by Mah. 26 of 1986
16. Amended by Mah. 34 of 1994 (11-5-1994)
17. Amended by Mah. 23 of 1996
18. Amended by Mah. 23 of 1997 (21-2-1997)1
19. Amended by Mah. 26 of 2000 (3-3-2000)2
20. Amended by Mah. 18 of 2002 (1-10-2001)3
21. Amended by Mah. 22 of 2004 (28-9-2004)4
22. Amended by Mah. 17 of 2008 (1-7-2008)
23. Amended by Mah. 9 of 2010 (1-9-2009)5
24. Amended by Mah. 25 of 2011 (8-6-2011)6
25. Amended by Mah. 24 of 2012 (22-8-2012)
26. Amended by Mah. 10 of 20187
1 Maharashtra Ordinance No. VIII of 1997 was repealed by Mah. XXIII of 1997, s. 3.
2 Maharashtra Ordinance No. IV of 2000 was repealed by Mah. XXVI of 2000, s. 3.
3 Maharashtra Ordinance No. III of 2002 was repealed by Mah. XVIII of 2002, s. 9.
4 Maharashtra Ordinance No. XXXI of 2004 was repealed by Mah. XXII of 2004, s. 4.
5 Maharashtra Ordinance No. III of 2010 was repealed by Mah. IX of 2010, s. 3.
6 Maharashtra Ordinance No. XVI of 2011 was repealed by Mah. XXV of 2011, s. 8.
7 This Act has n ot come into force till 22 nd April 2024, July 2018, therefore the amendments carried out by said Act have
not been incorporated herein.
Note: The date Mentioned in the bracket indicates the date of commencement of the Act.
6 The Maharashtra Court-fees Act [1959 : XXXVI
1959 : XXXVI] The Maharashtra Court-fees Act 7
ACT No. XXXVI OF 19591
[THE MAHARASHTRA COURT-FEES ACT.]
[This Act received the assent of the President on the 9th June 1959; the assent was first
published in the Bombay Government Gazette, Part IV, on the 16th June 1959.]
An Act to consolidate and amend the law relating to fees taken in the courts and public offices
and fees taken in respect of certain matters in the State of Bombay, other than fees falling under
entries 77 and 96 of List I in the Seventh Schedule to the Constitution of India.
WHEREAS it is expedient to consolidate and amend the law relating to fees taken in the courts and
public offices and fees taken in respect of certain matters in the State of Bombay, other than fees falling
under entries 77 and 96 of List I in the Seventh Schedule to the Constitution of India; It is hereby enacted
in the Tenth Year of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent , commencement and application. — (1) This Act may be called 2[the
Maharashtra Court-fees Act].
(2) It extends to the whole of the 3[State of Maharashtra].
(3) It shall come into force on such 4date as the State Government may, by notification in the
Official Gazette, appoint.
(4) The provisions of this Act shall not apply to fees or stamps relating to documents presented or
to be presented before any officer serving under the Central Government.
(5) In the absence of any specific provision to the contrary nothing in this Act shall affect any
special law now in force relating to fees taken in the courts and public offices.
2. Definitions.— In this Act, unless the context otherwise requires—
(a) “Chief Controlling Revenue Authority” means such officer as the State Government may,
by notification in the Official Gazette, appoint in this behalf for the whole or any part of the 5[State
of Maharashtra];
(b) “Collector” includes any officer authorised by the Chief Controlling Revenue Authority
to perform the functions of a Collector under this Act;
(c) “Plaint” includes a written statement pleading a set-off or counter-claim.
1 For Statement of Objects and Reasons of the L. A. Bill No. XIX of 1959, see Bombay Government Gazette, 1959, Part - V,
dated 23rd February 1959, p. 192; for report of Select Committee, Bombay Government Gazette, 1959, Part V, dated 23 rd
February 1959, pp. 244-306.
2 This short title was amended for “Bombay Court -fees Act, 1959” by Mah . 24 of 2012, s. 2, Schedule, entry 77, w.e.f.
1-5-1960.
3 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
4 1st day of August 1959 (vide G.N., H.D., No. CFA. 1056-III (a), dated 15th July 1959.)
5 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
8 The Maharashtra Court-fees Act [1959 : XXXVI
CHAPTER II
FEES IN THE HIGH COURT AND IN THE COURT OF SMALL
CAUSES AT BOMBAY
3. Levy of fees in High Court on its original side.— The fees payable for the time being to the
clerks and officers (other than the sheriffs and attorneys) of the High Court; or chargeable in that Court
under No. 10 of the first, and Nos. 11, 14, 17, 20 and 21 of the Second Schedule to this Act annexed;
Levy of fees in Bombay Small Causes Court.— and the fees for the time being chargeable in the
Court of Small Causes at Bombay and its office, shall be collected in manner hereinafter appearing.
4. 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 suitor
or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the
difference arises in the High Court, be referred to the tax ing officer, whose decision thereon shall be
final, subject to revision, on an application, made within 1[thirty days] from the date of the decision, by
the suitor or attorney or such officer as may be appointed in this behalf by the State Government, by the
Chief Justice or by such Judge of the High Court as the Chief Justice shall appoint either generally or
specially in this behalf. The Chief Justice shall declare who shall be taxing -officer within the meaning
of this sub-section.
(2) When any such difference arises in the Court of Small Causes of Bombay, the question shall
be referred to the Clerk of the Court, whose decision thereon shall be final, subject to revision, on an
application, made within 2[thirty days] from the date of the decision, by the party concerned or such
officer as may be appointed in this behalf by the State Government, by the Chief Judge of the Small
Cause Court or by such Judge of that Court as the Chief Judge shall appoint either generally or specially
in this behalf.
CHAPTER III
COMPUTATION OF FEES
5. Fees on documents filed, etc., in Courts or in public offices.— (1) No document of any of the
kinds specified as chargeable in the first or second Schedule to this Act annexed shall be filed, exhibited
or recorded, in any Court of Justice, or shall be received or furnished by any public officer, unless in
respect of such document there has been paid a fee of an amount not less than that indicated by either of
the said Schedules as the proper fee for such document.
(2) When any difference arises between the officer whose duty it 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 the question arises in the High Court, be referred to the taxing officer whose decision
thereon shall be final, subject to revision, on an application, made within 3[thirty days] from the date of
the decision, by the suitor or his pleader or such officer as may be appointed in this behalf by the State
Government, by the Chief Justice or by such Judge of the High Court as the Chief Justice shall appoint
either generally or specially in this behalf.
(3) When any such difference arises in the City Civil Court, Bombay, the question shall be referred
to the Registrar of the City Civil Court whose decision shall be final, subject to revision, on an
application, made within 4[thirty days] from the date of the decision, by the party concerned or such
officer as may be appointed in this behalf by the State Government, by the Principal Judge or such other
Judge of the said Court as the Principal Judge shall appoint either generally or specially in this behalf.
(4) When such difference arises in any other Court, the question shall be referred to the fin al
decision of the Judge presiding over such Court.
1 These words were substituted for the words “sixty days” by Mah. 28 of 1970, s. 2.
2 These words were substituted for the words “sixty days” by Mah. 28 of 1970, s. 2.
3 These words were substituted for the words “sixty days” by Mah. 28 of 1970, s. 2.
4 These words were substituted for the words “sixty days” by Mah. 28 of 1970, s. 2.
1959 : XXXVI] The Maharashtra Court-fees Act 9
1 * * * * * * *
6. 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) for money.— In suits for money (including suits for damages or compensation, or arrears
of maintenance, of annuities, or of oth er sums payable periodically) —according to the amount
claimed;
(ii) for maintenance and annuities.— In suits for maintenance (with or without a prayer for
the creation of a charge) and for 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, in the case of a suit for
maintenance, the amount claimed to be payable for one year and in any other case, ten times such
amount :
Provided that if in a suit for maintenance the plaintiff obtains a decree for maintenance the
defendant shall be liable to make good the deficit, if any, between the fee payable on ten times the
amount awarded for one year and the fee already paid by the plaintiff; and the amount of such
deficit shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land
revenue;
(iii) for other moveable property having a market value.— In suits for moveable property
other than money, where the subject matter has a market-value—according to such value at the date
of presenting the plaint;
(iv) against recovery of any money due as a tax, etc.— (a) In suits for declaration to obtain
adjudication against recovery of money from the plaintiff, whether the recovery is as land revenue
or arrears of land revenue or tax or duty or cess or fee or fine or penalty or under any decree or
order of a court or any certificate or award other than under the Arbitration Act, 1940 (X of 1940),
or in any other manner-one fourth of ad valorem fee leviable on the amount sought to be recovered
according to the scale prescribed under Article 1 of Schedule I with minimum fee of 2[sixty rupees]:
Provided that, when in addition any consequential relief other than possession is sought, the
amount of fee shall be one half of ad valorem fee on the amount sought to be recovered:
Provided further that, when the consequential reliefs also sought include a relief for
possession the amount of fee shall be the full ad valorem fee on the amount sought to be recovered;
(b) similar claim in respect of moveable property.— In suits for declaration similar to those
falling under sub -paragraph (a) in respect of mov eable property -one fourth of ad valorem fee
leviable on the value of the moveable property subject to the minimum fee as under
sub-paragraph (a) :
Provided that when in addition any consequential relief other than possession is sought, the
amount of fee shall be one-half of ad valorem fee leviable on the value of such property:
Provided further that when the consequential reliefs also sought include a relief for possession
the amount of fee shall be the full ad valorem fee leviable on such value;
(c) for status with monetary attribute.— In suits for declaration of the status of plaintiff, to
which remuneration, honorarium, grant, salary, income, allowance or return is attached, one-fourth
of ad valorem fee leviable on the emoluments or value of return for one year:
Provided that, when in addition any consequential relief other than possession is sought the
amount of fee shall be one-half of ad valorem fee on such emoluments or value of return:
Provided further that when the consequential reliefs also sought include a relief for possession
the amount of fee shall be the full ad valorem fee on such emoluments or value of return;
1 Sub-section (5) was deleted by Mah. 59 of 1977, s. 8.
2 These words were substituted for the words “thirty rupees” by Mah. 18 of 2002, s. 2 (a)(1).
10 The Maharashtra Court-fees Act [1959 : XXXVI
(d) for ownership etc. of immoveable property, etc.— In suits for declaration in respect of
ownership, or nature of tenancy, title, t enure, right, lease, freedom or exemption from, or
non-liability to, attachment with or without sale or other attributes, of immoveable property, such
as a declaration that certain land is personal property of the Ruler of any former Indian State or
public trust property or property of any class or community—one-fourth of ad valorem fee leviable
for a suit for possession on the basis of title of the subject-matter, subject to a minimum fee of 1[one
hundred rupees] :
Provided that if the question is of attachment with or without sale the amount of fee shall be
the ad valorem fee according to the value of the property sought to be protected from attachment
with or without sale or the fee of 2[sixty rupees], whichever is less :
Provided further that, where the defendant is or claims under or through a limited owner, the
amount of fee shall be 3[one-third] of such ad valorem fee, subject to the minimum fee specifi ed
above :
Provided also that, in any of the cases falling under this clause except its first proviso, when
in addition any consequential relief other than possession is sought the amount of fee shall be
one-half of ad valorem fee and when the consequential reliefs also sought include a relief for
possession the amount of fee shall be the full ad valorem fee ;
(e) declaration for easements, etc.— In suits for declaration of easement or right to benefits
arising out of immoveable property, with or without an injunction or other consequential relief, the
amount of fee shall be as shown in the Table below :—
4[TABLE
Area
(1)
Fee
(2)
(a) The area within the limits of the Municipal
Corporation of Brihan Mumbai or the
Corporation of the City of the Nagpur or any
Municipal Corporation constituted under the
Bombay Provincial Municipal Corporations
Act, 1949 (Bom. LIX of 1949).
One-fourth of the ad valorem fee leviable for a
suit for possession of the servient tenement or
the dominant tenement, whichever is less,
subject to a minimum fee of one hundred
rupees.
(b) Areas within the limits of Municipal Councils
constituted under the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial
Townships Act, 1965 (Mah. XL of 1965).
One-sixth of the ad valorem fee leviable for a
suit for possession of the servient tenement or
the dominant tenement, whichever is less,
subject to a minimum fee of one hundred
rupees.
(c) Any other area in the State of Maharashtra. One hundred rupees.]
(f) for other status without monetary attribute.— In suits for declaration of status to which
no direct monetary attribute is attached such as a declaration that the plaintiff is a married husband
or wife of the defendant or divorced husband or wife of the defendant or a declaration about
legitimacy of children or about citizenship rights or about an adoption 5[one hundred rupees] :
Provided that where injunction or other consequential relief is also sought in such case, the amount
of fee shall be 6[one hundred fifty rupees];
1 These words were substituted for the words “forty rupees” by Mah. 18 of 2002, s. 2(a)(2)(i).
2 These words were substituted for the words “thirty rupees” by Mah. 18 of 2002, s. 2(a)(2)(ii).
3 These words were substituted for the words “one-sixth” by Mah. 23 of 1996, s. 2(A)(iii).
4 This Table was substituted by Mah. 18 of 2002, s. 2 (a)(3).
5 These words were substituted for the words “sixty rupees” by Mah. 18 of 2002, 2 (a)(4)(i).
6 These words were substituted for the words “one hundred rupees” by Mah. 18 of 2002, s. 2(d)(4)(ii).
1959 : XXXVI] The Maharashtra Court-fees Act 11
(g) for charge on property. — In suits for declaration of a charge in favour of the plaintiff
on moveable or immoveable property—one-half of ad valorem fee payable on the charge amount:
Provided that where injunction or other consequential relief is also sought in such cases, the
amount of fee shall be the full ad valorem fee payable on the charge amount;
(h) for periodical money returns.— In suits for declaration in respect of periodical charge
or money return in fav our of or against the plaintiff —one-half of ad valorem fee payable on the
charge for 5 years if the charge is annual and on the charge for one year if the period of the charge
is less than one year;
1[(ha) for avoidance of sale, contract for sale, etc. — In suits for declaration that any sale,
or contract for sale or termination of contract for sale, of any moveable or immoveable property is
void 2[one-half] of ad valorem fee leviable on the value of the property;
(hb) for avoidance of acquisition proceedings.— In suits for declaration that any
proceedings for compulsory acquisition of any moveable or immoveable property are void 3[one-
half] of ad valorem fee leviable on the value of the property;]
(i) for accounts.— In suits 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 8, and subject
to a minimum fee of 4[one hundred rupees];
(j) for other declarations.— In suits where declaration is sought, with or without injunction
or other consequential relief and the subject -matter in dispute is not susceptible of monetary
evaluation and which are not otherwise provided for by this Act 5[ad valorem fee payable, as if the
amount or value of the subject matter was 6[one thousand rupees;]]
In all suits under clauses (a) to (i), the plaintiff shall state the amount at which he values the relief
sought, with the reasons for the valuation;
(v) for possession of lands, 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 a house or garden—according to the market value of the house or garden
and where the subject-matter is land, and—
(a) where the land is held on settlement for a period not exceeding thirty years and pays
the full assessment to Government —a sum equal to 7[forty times] the survey assessment;
(b) where the land is held on a permanent settlement, or on a settlement for any period
exceeding thirty years, and pays the full assessment to Government—a sum equal to 8[eighty
times] the survey assessment; and—
(c) where the whole or any part of the annua l survey assessment is remitted —a sum
computed under sub -paragraph (a) or sub-paragraph (b), as the case may be, in addition to
9[eighty times] the assessment or, the portion of assessment so remitted;
(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 the land,
house or garden in respect of which the right is claimed;
(vii) for share in joint property.— In suit for partition and separate possession of a share of
joint family property or of 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 whether or not the plaintiff is in actual or
1 Sub-paragraphs (ha) and (hb) were inserted by Mah. 9 of 1970, s. 4(a).
2 These words were substituted for the word “one-fourth” by Mah. 23 of 1996, s. 2(1)(e) and (f).
3 These words were substituted for the word “one-fourth” by Mah. 23 of 1996, s. 2(1)(e) and (f).
4 These words were substituted for the words “forty rupees” by Mah. 18 of 2002, s. 2(5).
5 These words were substituted for the words “thirty rupees” by Mah. 9 of 1970, s. 4(b).
6 These words were substituted for the words “six hundred rupees” by Mah. 18 of 2002, s. 2(6).
7 These words were substituted for the words “twenty times” by Mah. 18 of 2002, s. 2(6)(b)(1).
8 These words were substituted for the words “forty times” by Mah. 18 of 2002, s. 2(6)(b)(2).
9 These words were substituted for the words “forty times” by Mah. 18 of 2002, s. 2(6)(b)(2).
12 The Maharashtra Court-fees Act [1959 : XXXVI
constructive possession of the property of which he c laims to be a co -parcener or
co-owner—according to the value of the share in respect of which the suit is instituted;
Explanation.— For the purposes of this paragraph, if the property in which a share is cla imed
consists of or includes any land assessed to land revenue for the purpose of agriculture, the value of such
land shall be deemed to be the value as determined under paragraph (v) of this section ;
(viii) for interest of assignee of land revenue. — In suits for the interest of an assignee of
land-revenue, 1[fifty-times] his net profits as such for the year next before the date of presenting
the plaint ;
(ix) to set aside an attachment.— 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;
(x) to redeem.— In suits against a mortgagee for the recovery of the property mortgaged, and
in suits by a mortgagee to foreclose the mortgage,
to foreclose.— or, when 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 ;
(xi) 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 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 ;
(xii) between landlord and tenant.— 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 immoveable 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 immoveable 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 immoveable property to which the suit refers,
payable for the year next before the date of presenting the plaint.
7. Fee on memorandum of appeal against order or award relating to compensation in certain
cases.— (1) The amount of fee payable under this Act on a memorandum of appeal against an order
relating to compensation under any Act for the time being in force for the acquisition of land for public
purposes shall be computed according to the difference between the amount awarded and the amount
claimed 2[or challenged] by the Appellant :
1 These words were substituted for the words “thirty times” by Mah. 18 of 2002, s. 2(6)(c).
2 These words were inserted by Mah. 22 of 2004, s. 2(a).
1959 : XXXVI] The Maharashtra Court-fees Act 13
1[Provided that, where the State Government is an acquiring body, it shall not be liable for payment
of fee in such appeals.
Explanation.— For the purposes of this sub-section, “amount” means the amount in dispute and it
shall not include the amount of statutory benefits].
(2) The amount of fee payable under this Act on a memorandum of appeal against an award of a
Claims Tribunal preferred under section 110-D of the 2Motor Vehicles Act, 1939 (VI of 1939), shall be
computed as follows:—
(i) If such appeal is preferred by the ins urer or owner of the motor vehicle —the full
ad-valorem fee leviable on the amount at which the relief is valued in the memorandum of appeal
according to the scale prescribed under Article 1 of Schedule I ;
(ii) If such appeal i s preferred by any other person—one half of ad valorem fee leviable on
the amount at which the relief is valued in the memorandum of appeal according to the said scale:
Provided that if such person succeeds in the appeal, he shall be liable to make good the deficit,
if any, between the full ad-valorem fee payable on the relief awarded in the appeal according to the
said scale and the fee already paid by him; and the amount of such deficit shall, without prejudice
to any other mode of recovery, be recoverable as an arrear of land revenue.
8. Inquiry as to valuation of suits.— If the Court is of opinion that the subject-matter of any suit
has been wrongly valued or if an application is made to the Court for the revision of any valuation made,
the Court may revise the valuation and determine the correct valuation and may hold such inquiry as it
thinks fit for such purpose.
9. Investigation to ascertain proper valuation.— (1) For the purpose of an inquiry under section
8 of the Court may depute, or issue a commission to, any suitable person to make such local or other
investigation as may be necessary and to report thereon to the Court. Such report and any evidence
recorded by such person shall be evidence in the enquiry.
(2) The Court may, from time to time, direct such party to the suit as it thinks fit to deposit such
sum as the Court thinks reasonable as the costs 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, reject the
plaint or as the case may be the appeal, if such party is the plaintiff or the appellant and, in any other
case, may recover the costs as a public demand:
Provided that, when any plaint or appeal is rejected under this section the court -fee already paid
shall not be liable to be refunded.
10. Power of persons making inquiry under sections 8 and 9. — (1) The Court, when making
an inquiry under section 8 and any person making an investigation under section 9 shall have respectively
for the purposes of such inquiry or investigation, the powers vested in a Court under the Code of Civil
Procedure, 1908 (V of 1908), in respect of the following matters, namely :—
(a) enforcing the attendance of any person and examining him on oath or affirmation ;
(b) compelling the production of documents or material objects;
(c) issuing commissions for the examination of witnesses;
(d) taking or receiving evidence on affidavits.
(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 (XLV of 1860).
1 This proviso and Explanation was added by Mah. 22 of 2004, s. 2(a).
2 Now see the Motor Vehicles Act, 1988.
14 The Maharashtra Court-fees Act [1959 : XXXVI
11. Costs of inquiry as to valu ation and refund of excess fee. — If in the result of an inquiry
under section 8 the Court finds that the subject -matter of the suit has been undervalued, the Court may
order the party responsible for the undervaluation to pay all or any part of the costs of the inquiry.
If in the result of such inquiry the Court finds that the subject -matter of the suit has not been
undervalued the Court may, in its discretion, order that all or any part of such costs shall be paid by
Government or by any party to the suit at whose instance the inquiry has b een undertaken, and if any
amount exceeding the proper amount of fee has been paid shall refund the excess amount so paid.
12. Appointment of inspecting officers and recov ery in cases reported by them. — (1) The
State Government may appoint generally, or in any case, or for any specified class of cases, in any local
area, one or more officers to be called inspecting officers.
(2) The inspecting officer may, subject to the control of the Court concerned, examine the records
of any case which is pending or ha s been disposed of, with a view to finding out whether proper fees
have been paid therein.
(3) If on such examination, the inspecting officer finds that the fee payable under this Act on any
document filed, exhibited or recorded in such case has not been paid or has been insufficiently paid, he
shall report the fact to the presiding officer of the Court.
(4) Such presiding officer, after satisfying himself of the correctness of such report, shall record a
provisional finding that the proper fee has not been paid and determine the amount of the fee payable
and such further sum as he thinks reasonable as the costs of the inquiry and the person from whom the
fee or the difference thereof, if any, and the costs shall be recoverable.
(5) After recording a finding under sub-section (4), the presiding officer shall issue a notice to the
person referred to in that sub-section to show cause why he should not be ordered to pay the fee and the
costs determined hereunder, and, if sufficient cause is not shown, the presiding officer shall confirm the
finding and make an order requiring such person to pay the proper fee and the costs before a specified
date.
(6) If such person fails to pay the fee and the costs in accordance with the provisions of
sub-section (5), they shall, on the certificate of such presiding officer, be recoverable as an arrear of land
revenue.
13. Taxing of court-fees and their recovery in suit s for mesne profits or account.— (1) In a
suit for the recovery of possession of immoveable property and mesne profits or for mesne profits or for
an account, the difference, if any, between the fee actually paid and the fee which would have been
payable had the suit comprised the whole of the profits or amount found due shall, on delivery of
judgment, be taxed by the Court and shall be leviable from the plaintiff and if not paid by him within
thirty days from the date of the judgment be recoverable according to the law and under the rules for the
time being in force for the recovery of arrears of land revenue.
(2) The Court shall send a copy of the decree passed in such suit to the Collector.
(3) No decree for mesne profits passed in any such suit by the Court shall be executed, until a
certificate to the effect that such difference is paid or recovered, sign ed by the Court which passed the
decree or by the Collector who recoverable the amount, is produced along with the application for such
execution.
Explanation.— For the purpose of this section, “plaintiff” includes any party to a suit to whom any
profits or amount are or is found to be due.
14. Decision of quest ions as to valuation. — (1) Every question relating to valuation for the
purpose of determining the amount of any fee chargeable under this Chapter on a plaint or memorandum
of appeal shall be decided by the Court in which such plaint or memorandum as the case may be, is filed,
and such decision shall be final as between the parties to the suit.
(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
1959 : XXXVI] The Maharashtra Court-fees Act 15
the party by whom such fee has been paid to pay so much additional fee as would have been payable had
the question been rightly decided.
15. Refund of fe e 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 (V of
1908), is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in
rule 23 of Order XLI in the first Schedule to the same Code for a second decision by the lower Court,
the Appellate court shall grant to the appellant a certificate, authorising him to receive back 1[from the
Collector or by way of e-payment, in the manner as prescribed by rules] the full amount of fee paid on
the memorandum of appeal :
Provided that if, in the case of remand in appeal, the order of remand shall not cover the whole of
the subject-matter of the suit, the certificate so granted shall not authorise the appellant to receive back
more than so much fee as would have been originally payable on the part or parts of such subject-matter
in respect whereof the suit has been remanded.
16. Refund of fee on application for review of judgment.— Where an application for review of
judgment is presented on or after the 2[thirtieth day] from the date of the decree, the Court, unless the
delay was caused by the applicant’s laches, may, in its discretion, grant him a certificate authorizing him
to receive back 3[from the Collector or by way of e -payment, in the manner as prescribed by rules] so
much of the fee paid on the application as exceeds the fee which would have been payable had it been
presented before such day.
17. Refund where c ourt reverses or modifies its former decision on ground of
mistake.— Where an application for a review of judgment is admitted, and where, on the rehearing, the
Court reverses 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 authorizing him to receive back 4[from the Collector or by way
of e-payment, in the manner as prescribed by rules] so much of the fee paid on the application as exceeds
the fee payable on any other application to such court under the second schedule to this Act No. 1,
clause (c) or clause (f).
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.
5[17A. Period of limitation for refund of fees under section 15, 16 or 17.— Where certificate is
granted to any person under section 15, 16 or 17, no fee thereunder shall be refunded, unless such person
presents it to the Collector or such other authority as may be prescribed by rules, for encashment, within
two years from the date of issue of the certificate by the Court].
18. Multifarious suits. — Where a suit embraces two o r more distinct subjects, the plaint or
memorandum of appeal shall be chargeable with the aggregate amount of the fees to which the plaints
or memoranda of appeal in suit embracing separately each of such subjects would be liable
under this Act.
Nothing in the former part of this section shall be deemed to affect the power conferred by the Code
of Civil Procedure, 1908 (V of 1908), Schedule I, Order II, rule 6.
19. Written examinations of complainants. — When the first or only examination of a person
who complaints of the offence of wrongful confinement, or wrongful restraint, or of any offence other
than an offence for which police officers may arrest without a warrant, and who has not already presented
a petition on which a fee has been levied under this Act, is reduced to writing under the provisions of the
1 These words were substituted for the words “from the Collector” by Mah. 25 of 2011, s. 2.
2 These words were substituted for the words “ninetieth day” by Mah. 50 of 1976, s. 2.
3 These words were substituted for the words “from the Collector” by Mah. 25 of 2011, s. 3.
4 These words were substituted for the words “from the Collector” by Mah. 25 of 2011, s. 4.
5 Section 17A was inserted by Mah. 18 of 1966, s. 2.
16 The Maharashtra Court-fees Act [1959 : XXXVI
1[Code of Criminal Procedure, 1973 2[2 of 1974]], the complainant shall pay a fee of 3[ten rupees] unless
the Court thinks fit to remit such payment.
20. Exemption of certain documents. — 4[(1)] Nothing contained in this Act shall render the
following documents chargeable with any fee :—
(i) Power-of-attorney 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) Application for certified copies of documents or for any other purpose in the course of a
criminal proceeding presented by or on behalf of the State Government to a criminal court.
(iii) Written statements called for by the Court after the first hearing of a suit.
(iv) Probate of a will, letters of administration, and, save as regards debts and securities, a
certificate under Bombay Regulation VIII of 1827 or any corresponding law in force, where the
amount or value of the property in respect of which the probate or let ters or certificate shall be
granted does not exceed one thousand rupees.
(v) Application or petition to a Collector or other 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 the ascertainment of rights thereto or interest therein, if presented, previous
to the final confirmation of such settlement.
(vi) Application relating to a supply for irrigation of water belonging to Government.
(vii) 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.
(viii) Application for service of notice of relinquishment of land or of enhancement of rent.
(ix) Written authority to an agent to distrain.
(x) 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 Villages or the Village Police.
(xi) Petition by a prisoner, or other person in duress or under restraint of any Court or its
Officer.
(xii) Complaint of a public servant (as defined in the Indian Penal Code Excerpt shown. Open the full act in Lexace.