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State of Punjab - Act

Table of Reductions and Remissions of Court-fees made by the Governor in Council for the (State) of the Punjab

PUNJAB
India

Table of Reductions and Remissions of Court-fees made by the Governor in Council for the (State) of the Punjab

Rule TABLE-OF-REDUCTIONS-AND-REMISSIONS-OF-COURT-FEES-MADE-BY-THE-GOVERNOR-IN-COUNCIL-FOR-THE-STATE-OF-THE-PUNJAB of 1922

Published on 27 March 1922
Commenced on 27 March 1922
[This is the version of this document from 27 March 1922.]
[Note: The original publication document is not available and this content could not be verified.]

Table of Reductions and Remissions of Court-fees made by the Governor in Council for the (State) of the PunjabPublished vide Notification No. 10495 Judicial Dated the 27th March, 1922Substituted for 'Province' by the Adaptation of Laws Order 1950No. 10495-Judicial, Dated the 27th March, 1922 - Under Section 35 of the Court-fees Act, 1870, as modified by the Devolution Act, 1920, and in supersession of all previous notifications under that section, it is hereby notified that in exercise of the powers to reduce or remit in the territories administered by the Governor of the Punjab, all or any of the fees, mentioned in the first and second schedules to the said Act, the Governor of the Punjab has been pleased to make the reductions and remissions hereinafter set forth, namely -

1. Application for refund of price of stamp or renewal of stamp paper.

- To remit the fees chargeable on applications presented to a Collector for refund of the amount paid to the Government for stamped paper which has become spoiled or unfit for use, or is no longer required for use and on applications for renewal of stamped paper which has become spoiled or unfit for use.

2. Application for purchase of salt.

- To remit the fees chargeable on applications in writing, relating exclusively to the purchase of salt which is the property of the Government.

3. Application for refund of value of stamp on plaint.

- To direct that, when a plaint disclosing a reasonable case on the merits is presented to any civil or revenue court in such a form that the presiding Judge or officer without summoning the defendant rejects it, not for any substantial defect but on account of an entirely technical error in form only, and so as to leave the plaintiff free to prosecute precisely the same case in another form against the same defendant or defendants, the value of the stamp on the plaint shall be refunded on presentation of an application to the Collector of the district in which the court is situated, together with a certificate from the Judge or officer who rejected the plaint that it was rejected under the circumstances above described, and that the value of the stamp should, in his opinion, be refunded.

4. Copies of settlement record and list of fields.

- To remit the fees chargeable on -

(a)copies of village-settlement records furnished to land-holders and cultivators during the currency or at the termination of settlement operations;

(b)lists of fields extracted from village settlement-records for the purpose of being filed with petitions of plaint in [Settlement courts] [The term 'Settlement courts' has been used to indicate 'Revenue Courts' presided over by revenue officers conducting settlement operations.] :

Provided that nothing in this clause shall apply to copies of judicial proceedings, or to copies of village settlement records (other than lists of fields) extracted as aforesaid, which may be filed in any court or office.

5. Appeals under Sections 47 and 144 Criminal Procedure Code.

- To direct that the fee chargeable on appeals from orders under sections 47 and 144 of the Code of Civil Procedure 1908, and on cross objections in such appeals under the same Code, shall be limited to the amounts chargeable under Article 11 of the Second Schedule.(Vide Punjab Government notification No. 16406-Judl., dated the 9th June, 1933).

6. Security bonds for keeping peace.

- To remit the fees chargeable on security bonds for the keeping of the peace by, or good behaviour of, persons other than the executants.

7. Application to forward a petition to the Central Government.

- To remit the fee payable under Article I, clause (c), of the Second Schedule on an application or petition presented to a Chief Revenue or Executive Authority or to any Chief Officer charged with the executive administration of a Division when the application of petition is accompanied by a petition to the Central Government and contains merely a request that petition may be forwarded to the Government.

8. Private copies.

- To remit the fees chargeable under Articles 6, 7 and 9 of the First Schedule on copies furnished by civil or criminal courts or revenue courts or offices for the private use of persons applying for them :Provided that nothing in this clause shall apply to copies when filed, exhibited or recorded in any Court of Justice or received by any public officer.

9. Application for deposit.

- To remit the fees chargeable, under paragraph 4 of clause (a) and paragraph 2 of clause (b) of Article 1 of the Second Schedule, on applications for orders for the payment of deposits in cases in which the deposit does not exceed Rs. 25 in amount:Provided that the application is made within three months of the date on which the original deposit first became payable to the party making the application.

10. Application to occupy land under Government.

- To remit, with reference to clause (xi) of section 19 of the Act, the fees chargeable on applications for leave to occupy under direct engagement with the Government, land of which the revenue is settled, but not permanently, when made by persons who do not at the time of application hold the land.

11. Application for loan.

- To remit the fees chargeable on applications for loans under the Land Improvement Loans Act, 1883 (XIX of 1883) or the Agriculturists' Loans Act, 1884 (XII of 1884).

12. Applications for remission or suspension of loans.

- To remit the fees chargeable on applications presented to officers of land revenue for the suspension or remission of loans under the Land Improvement Loans Act, 1883 (XIX of 1883), or the Agriculturists' Loans Act, 1884 (XII of 1884).

13. Application for return of impounded document.

- To remit the fees chargeable on an application made by a person to the Collector under sub- section 2 of the Section 42 of the Indian Stamp Act, 1899 (II of 1899) for the return to that person, or to the Registration Officer who impounded it, of a document impounded and sent to the Collector by a Registration Officer.

14.

To remit the fees chargeable on the following documents, namely:-

(a)Copy of charge given to accused. - Copy of the charge framed under Section 210 of the Code of Criminal Procedure, 1898, or of a translation thereof, when the copy is given to an accused person.

(b)Copy of supplementary evidence after commitment given to accused. - Copy of the evidence of supplementary witnesses after commitment when the copy is given under Section 219 of the said Code to an accused person.

(c)Copy of Judgment and heads of charge to jury to be supplied to accused. - Copy or translation of a judgment in a case other than a summons case, and a copy of the heads of the Judge's charge to the jury, when the copy or translation is given under section 371 of the said Code to an accused person.

(d)Copy of Judgment to accused in jail. - Copy or translation of the judgment in a summons case, when the accused person to whom the copy or translation is given under section 371 of the said Code is in jail.

(e)Copy of maintenance order. - Copy of an order of maintenance, when the copy is given under section 490 of the said Code to the person in whose favour the order is made, or to his guardian, if any, or to the person to whom the allowance is to be paid.

(f)Copy supplied to accused under Section 548, Criminal Procedure Code. - Copy furnished to any person affected by a judgment or order passed by a criminal court, of the Judge's charge to the Jury or of any order, deposition or other part of the record, when the copy is not a copy which may be granted under any of the preceding sub-clauses without the payment of a fee, but is a copy which on its being applied for under section 548 of the said Code, the Judge or Magistrate, for some special reason to be recorded by him on the copy, thinks fit to furnish without such payment.

(g)Copies furnished to lawyers of Government. - Copies of all documents furnished under the order of any Court or Magistrate to any Government Advocate or Pleader or other person specially empowered in that behalf for the purpose of conducting any trial or investigation on the part of the Government before any criminal court.

(h)Copies furnished to lawyers of Government. - Copies of all documents which any such Advocate, Pleader or other person is required to take in connection with any such trial or investigation for the use of any court or Magistrate or may consider necessary for the purpose of advising the Government in connection with any criminal proceedings.

(i)Copies required by the Police. - Copies of judgments or depositions required by officers of the Police Department in the course of their duties.

15. Application for return of document.

- To remit the fee chargeable on an application presented by any person for the return of a document filed by him in any court or public office.

16. Suit for a share of a revenue-paying estate separately assessed.

- To direct that, when a part of an estate paying annual revenue to the Government under a settlement which is not permanent is recorded in the Collector's register as separately assessed with such revenue, the value of the subject- matter of a suit for the possession of, or to enforce a right of pre-emption in respect of, a fractional share of that part shall, for the purposes of the computation of the amount of the fee chargeable in the suit, be deemed not to exceed ten times such portion of the revenue separately assessed on that part as may be rateably payable in respect of the share.

17. Fraction of an anna to be remitted.

- To direct that, if the amount of the fee chargeable in any case involves a fraction of an anna, the fraction shall be remitted, except where otherwise expressly provided by this notification.

18. Application for licence for sale of stamps.

- To remit the fee chargeable on an application for the grant of a licence for the vend of stamps.

19. Application for refund of fine.

- To direct that no court-fee shall be charged on an application for the re-payment of a fine or of any portion of a fine the refund of which has been ordered by competent authority.

20. Application for certain copies.

- To remit the fees chargeable on application for copies of documents detailed in clauses 4 and 14 supra.

21. Duty chargeable for Probates, etc., of the share of a deceased member of a company.

- To remit the duty chargeable in respect of Indian Probates, Letters of Administration or Succession Certificates on the share or other interest of a deceased member of a company formed under the Indian Companies Act, 1913 (VII of 1913); provided that the said share or interest was registered in the branch register in the United Kingdom under the Indian Companies (Branch Registers) Act, 1900 (IV of 1900), and that such member was at the date of his decease domiciled elsewhere than in India.

22. Application for suspension or remission of land revenue.

- To remit the fees chargeable on applications presented to officers of land revenue for the suspension or remission of revenue on the ground that a crop has not been sown or has failed.

23. Application for advice from agricultural department.

- To remit the fee chargeable on applications and petitions presented to a Collector or any revenue officer having jurisdiction equal or subordinate to a Collector for advice or assistance from the Agricultural Department of the State.

24. Fees for succession certificates, probates etc., of the property of a Government servant in certain cases and for mutation of the property.

- To remit as follows the fees on the property of (i) any person subject to the Naval Discipline Act (29 and 30 Vict c. 109), The Army Act, (44 and 45 Vict. c. 58), the Air Force Act (7 and 8 Geo. 5 c. 51) or the Indian Army Act, 1911 (VII of 1911) who is killed while on active service or on service which is of a war-like nature or involves the same risk as active service or dies from wounds inflicted, accidents occurring or disease contracted while on such service and (ii) any person, being a Government servant, Civil or Military, who dies from wounds or injuries intentionally inflicted (but not self- inflicted) while in actual performance of his official duties or in consequence of those duties :-

(a)Where the amount of value of property, in respect of which the grant of probates or letters of administration is made or which is specified in the certificate under Part X of the Indian Succession Act, 1925, or in the certificate under Bombay Regulation No. 8 of 1827 does not exceed Rs. 50,000 the whole of the fees leviable in respect of that property.

(b)Where the said amount or value exceeds Rs. 50,000, the whole of the said fees in respect of the first Rs. 50,000.

(c)Where any property passes more than once in consequence of such deaths, to remit, in the case of second and subsequent successions, the whole of the said fees, irrespective of the value or amount of such property.

(d)The whole of the fees chargeable on applications for mutations of names in respect of the property of persons mentioned in clauses (i) and (ii) above.

25. Copies of proceedings under Section 37 of the Punjab Land Revenue Act.

- To remit the fees chargeable on copies of orders or proceedings under Section 37 of the Punjab Land Revenue Act, 1887 (XVII of 1887), made or recorded by Collectors or other revenue officers engaged in revising a record-of-rights under a notification published in accordance with Section 32 of the said Act :Provided that the copy is furnished for the purpose of being filed with an application or petition to a Collector or other revenue officer engaged as aforesaid in revising a record-of-rights or to the Commissioner of the Division, or to the Financial Commissioner, Punjab, 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 revision.

26. Application under section 97 of the Punjab Land Revenue Act.

- To remit the fees chargeable on application under section 97 of the Punjab Land Revenue Act, 1887 (XVII of 1887), made by village officers in accordance with the provisions of rule 64 of the rules under that Act, published with the Financial Commissioner's notification No. 142, dated the 9th November, 1909.

27. Copies of records mentioned in Chapter IV of the Punjab Land Revenue Act.

- To remit the fees chargeable on copies of all [records maintained under the provisions of Chapter IV of the Punjab Land Revenue Act, 1887 (XVII of 1887), when such copies are exhibited or recorded in any Court of Justice or are received or furnished by any police officer.] [Note to Item No. 27. - The register of mutation is one of the records maintained under Chapter IV of the Punjab Land Revenue Act, 1887, and no court-fee is, therefore, copy of the mutation proceeding when presented with an appeal against the mutation order (Financial Commissioners' letter No. 4693-E & S., dated the 31st August, 1932).]

28. Application for grant of Fishing licence.

- To remit the fees chargeable on applications for the grant of fishing licences prescribed by the rules made by the Government of the Punjab under Section 3 of the Punjab Fisheries Act, 1914 (Punjab Act II of 1914).

29. Application to record a statement or sanction a mutation under section 34(4) of the Land Revenue Act.

- To remit the stamp duty chargeable on the following petitions under Article 1(b) of the second Schedule :-A petition or an application presented to a revenue officer asking him to record a statement or sanction a mutation under section 34(4) of the Land Revenue Act, XVII of 1887, in consequence of consolidation of holdings carried out by the Co-operative Department in the Punjab.

30. Application to Municipal, Notified Area or Small Town Committee or District or Cantonment Board for copy of a document or to a Municipality in certain cases.

- To remit the fee chargeable under Article 1(a) of the second Schedule on the applications or petitions noted below :-

(a)Applications or petitions presented to any Municipal Commissioner under any Act for the time being in force for the conservancy or improvement of any place if the application or petition relates solely to such conservancy or improvement.

(b)Applications or petitions presented for the purpose of obtaining a copy or translation of any order passed by a Municipal, Notified Area or Small Town Committee or District or Cantonment Board or of any other document on record in the office of such a body.

31. Petitions and appeals against orders of punishment by officials in certain cases.

- To remit the Court-fees chargeable under clause (c) of Article 1 or Article 11 of the second Schedule, on petitions and appeals against orders of punishment presented under the following Act or rules, by officials under the administrative control of the Government of Punjab :-

(1)The Punjab Subordinate Services, Punishment and Appeal Rules, 1930.

(2)Section 13 of the Punjab Land Revenue Act, 1887.

(3)Rule 16.31 of Chapter XVI (Punishments) of the Punjab Police Rules.

32. Application made to a Magistrate a registering authority under Punjab Motor Vehicles Rules.

- To remit the fee payable under Article 1(a) of the second Schedule upon all applications made to a Magistrate in his capacity as a registering authority under the Punjab Motor Vehicles Rules, 1931.

33. Application made to a Magistrate as a licensing officer under Wild Birds and Wild Animals Protection Rules.

- To remit the fee leviable under Article 1(a) of the second Schedule upon all applications made to a Magistrate in his capacity as a licencing officer under the Wild Birds and Wild Animals Protection Rules published with Punjab Government notification No. 25157, dated the 4th September, 1934.

34. Application by a revenue agent for renewal of certificate.

- To remit the fee leviable under Article 1(b) or (c) of Schedule II on an application or petition presented by a revenue agent to the Financial Commissioners, Commissioner of the division, or Collector of the district, for renewal of his certificate.

35. Mukhtarnama or vakalatnama by a convicted criminal prisoner.

- To remit the fees leviable under Article 10 of the second Schedule to the Court-fees Act on a mukhtarnama or vakalatnama executed by a convicted criminal prisoner as defined in section 3(3) of the Prisoners' Act, 1894, provided that the mukhtarnama or vakalatnama is for the purpose of preferring an appeal or application for revision in a Criminal Court.

36. Application by a lawyer to inspect Court register.

- To remit the Court- fee payable on application made by legal practitioners for permission to inspect Court registers in order to trace the particulars of a suit or document.

37. Application to Debt Conciliation Board.

- To remit the Court-fee on an application made to the Debt Conciliation Board for the issue of an intimation to the Civil Court.

38.

To remit the fee leviable under Article 1 of Schedule II of the said Act upon all applications for grant of passports and pilgrims passes made to Magistrates and other officers empowered in this behalf in the Punjab.

39.

To direct that the following revisions shall be made in the Punjab namely:-

(1)In case fees leviable under Articles 11, 12, and 12-A first Schedule to the said Act, on the property of any person subject to the (British) Naval Discipline Act, the (British Army Act, the (British) Air Force Act, the Indian Army Act (VIII of 1911), the Indian Air Force Act (XIV of 1932) or the Indian Navy (Discipline) Act (XXXIV of 1934) who is killed or who dies as a result of wounds inflicted, accident occurring or disease contracted while on active service against an enemy, or on service which is of a war-like nature, or which, in the opinion of State Government, otherwise involves the same risks as active service; or on the property of any person in the service of the Government who dies of wounds or injuries (intentionally inflicted by a person other than himself) in the actual performance of his official duties or in consequence of those duties;

(a)where the amount or value of property, in respect of which the grant of probate or letters of administration is made, or which is specified in the certificate under part X of the Indian Succession Act, 1925, or in the certificate under Bombay Regulation No. 8 of 1827, does not exceed fifty thousand rupees, the whole of the fee leviable in respect of that property;

(b)where the amount or value exceeds fifty thousand rupees, the whole of the said fee in respect of the first fifty thousand rupees;

(c)where any property passes more than once in consequence of the such deaths, the whole of the said fee (irrespective of the value or amount of such property) in the case of second and subsequent successions;

(2)In case of applications for mutation of names in respect of the property of persons mentioned in paragraph (1) above, the entire court -fees chargeable under sub-article (b) of Article 1 of the Second Schedule of the said Act. [Revenue Department No. 1486-St. dated 23rd September, 1940].

40.

To remit the fee leviable under Article 1 of Schedule 11 to the Act on an application made by a Collector to a Court under -

(a)sub-section (i) of section 61 of the Indian Stamp Act, 1899.

(b)sub-section (4) of Section 19-H of the Court-fees Act, and

(c)rule 12 of Order 33 of the Code of Civil Procedure, [See Revenue Department notification No. 181-St., dated the 11th February, 1941].

41.

To remit the fee leviable under article 1(b) of schedule II on an application made to the Collector under section 79 of the Punjab Village Panchayat Act, 1939. (Punjab Government notification No. 312, St,. dated 6th March, 1941).

42.

To remit the fee leviable under clause (a) of Article 1 of Schedule, II on application made to a Collector in form D.D. I Published with Financial Commissioner's notification No. 6401-E and S., dated 30 November, 132, by a medical officer in managing or supervising charge of hospital or dispensary. (See Punjab Government Notification No. 1792 St dated 8th December, 1941).

43.

(i)To direct that in appeal against an order under Order 21, rule 50(2) of the Code of Civil Procedure, adjudging a person as a partner of a firm against whom a decree is being executed, the fee shall be the same as in a declaratory suit namely, Rupees ten, (nineteen and fifty paise vide Act XIX of 1957) if the fee otherwise payable exceeds that amount.

(ii)To direct that in appeal a personal decree under Order 34, Rule, 6 of the Code of Civil Procedure, when only the personal liability of the defendant and not the amount decreed is in dispute, the fee shall be the same as in a declaratory suit, namely, Rs. 10, (nineteen and fifty paise vide Act XIX of 1957) if the fee otherwise payable exceed that amount. [See Punjab Government Notification No. 1799-St., dated the 8th December, 1941].

44.

To direct in respect of the Chief Commissioner's Province of Delhi-

(i)That in appeal against an order under rule 50(2) of Order XIX of the First Schedule to the Code of Civil Procedure, 1908 (Act V of 1908), adjudging a person as a partner of a firm against whom a decree is being executed, the fee shall be the same as in declaratory suit namely, Rs. 10 (nineteen and fifty paise vide Act XIX of 1957) if the fee otherwise payable exceeds that amount.

(ii)that in appeal against a personal decree under rule 6 of Order XXXIV of the first Schedule of the Code of Civil Procedure, 1908 (Act V of 1908), when only the personal liability of the defendant and not the amount decreed is in dispute, the fee shall be the same as in declaratory suit namely, Rs. 10 (nineteen and fifty paise vide Act XIX of 1957) if the fee otherwise payable exceeds that amount. [Government of Indian Legislative Department, notification No. F. 233/42-C and G. (Jullundur), dated the 2nd May, 1942].

45.

To direct that court-fee leviable under Article 11 of Schedule I to the said Act on a probate of a will or letters of Administration and under Article 12 of the said Schedule on a succession certificate granted under the Indian Succession Act, 1925, in respect of a Government Savings Bank deposit not exceeding five thousand rupees shall be remitted. [See Punjab Government Revenue Department (Stamps) Notification No. 1803-St., dated the 18th October, 1943].

46.

To remit the court-fee leviable under clause (a) of Article 1 of the second Schedule on applications for grant of copies of records made under rule 16(4) of the Punjab Urban Immoveable Property Tax Rules, 1941, and rule 41(5) of the Punjab General Sale Tax Rules, 1943 [P. G. Notn. No. 872 dated 24.4.1944].

47.

To order that the court-fee leviable under Article 12 of the 1st Schedule to the said Act shall be remitted in respect of certificate applied for under the Indian Succession Act, 1925, by those widows and children coming from the areas now included in the Dominion of Pakistan, who had lost the heads of their families between 1st March, 1947 and 31st March, 1948 both days inclusive. [P.G.R. and D. Department (Stamps) Notification No. 1552-E and T. dated the 9th April, 1948.

48.

To order that the court-fee livable under Article 11 of the 1st Schedule to the said Act, shall be remitted in respect of probate of a will or letters of Administration with or without will annexed, applied for under the Indian Succession Act, 1925, by those widows and children coming from the areas now included in the Dominion of Pakistan, who lost the heads of their families between the 1st March, 1947, and the 31st March, 1948, both days inclusive, (P.G.R. and D. Department (Stamps), Notification No. 3908-E and T. dated the 10th September, 1948).Note. - The words 'Widows and Children' in the context or the notification reproduced in parts (f) and (g) are used in the sense of male and female descendants of whatever age of the first degree - vide Punjab Government Revenue Department Memorandum No. 1003-E and T-50.989, dated the 3rd March, 1950.

49.

To order that Court-fee leviable under Article 12 of the first schedule to the said Act, shall be remitted in respect of succession certificate issued in States according to India and in State of Hyderabad. (P.G.R. and D. Department (Stamp) notification No. 3558-E and T dated the 6th August, 1949)

50.

To remit in the whole of the Punjab all fees leviable under Article 1(b) of Schedule II of the said Act, in respect of complaints lodged by members of the Schedule Castes under section 11 of the East Punjab (Removal of Religions and Social Disabilities) Act, 1948, in courts in State of Punjab. P.G.R. and D notification No. 6027-E and T. 50/3966. dated the 15th July 1995).

51.

To exempt in the whole of Punjab the cour- fee leviable on a plaint in a suit brought by a tenant to contest his liability to ejectment under Section 45 of the Punjab Tenancy Act, 1887, on grounds other than adverse possession of a claim to occupancy tenancy.

52.

To exempt in the whole of Punjab the Court-fee leviable on memoranda of appeals and applications for review or revision when filed by tenants from the orders or decrees passed against them in suits instituted by them under section 45(3) of the Punjab Tenancy Act, to contest their liability to ejectment and the plaints which were exempted from the levy of Court fee.- vide Punjab Government (Revenue) Stamp Department (Revenue) Stamp Department notification No. 6003-St-53/2-Spl dated the 22nd December, 1953. Notification No. 51 Stamps-54/45 (CH), dated 31st January, 1955.

53.

To remit in the whole of the State of Punjab the court-fee payable by Government Departments in respect of applications made under the provisions of Sections 3 and 4 of the Punjab Instruments (Control of Notices) Act, 1957, P.G. Notification No. 4162. Stamps. II (59/1714 dated 28th July, 1959).

54. Appeals relating to immovable wakf property.

- Court fees chargeable on appeals in higher courts from judgments in suit appeal relating to possession of immivable property forming part of a public Wakf (Extension of Limitation) Act, 1959 has been reduced to maximum of Rs. fifteen in Delhi State Administration Notification No. F. 7 (41) 70 Finl(G) dated 2nd June, 1972.

Chapter 5
B

Rules under Section 20, Clauses (i) and (ii)Rules made by the High Court under the power conferred by Section 20, clauses (i) and (ii) of the Court Fees Act, 1870, confirmed by the State Government regarding the fees chargeable for serving and executing processes issued by the High Court in its appellate jurisdiction and by the Civil and Criminal Courts established within the local limits of such jurisdiction.Rules

1. Grades of Courts for purposes of process fee. - The Civil Courts of the Punjab shall, for the purpose of levying process fees, be divided into three grades as shown in the annexed table :-

Grade	Civil Courts
First	The High Court
Second	District Courts
Third	Courts subordinate to the District Court

[Note :- (1) The Disciplinary Committee of a Bar Council, mentioned in Section 42 of the Advocates Act, 1961 (No. 25 of 1961) shall be deemed to be a Civil Court of the First Grade for the purposes of this rule.] [Added vide Correction Slip No. 17 dated 6.4.1966.]

(2)[ For the purposes of this rule, a Tribunal established under section 12 of Punjab Act VIII of 1925 (The Sikh Gurdwaras Act of 1925), and the Motor Accidents Claims Tribunal, constituted under section 110 of the Motor Vehicles Act, 1939, shall be deemed to be a Civil Court of the Second Grade.] [Substituted vide Correction Slip No. 19 dated 23.5.1966.]

(3)The Court of a Sub-Judge, invested with appellate powers, is deemed to be a District Court for the purposes of all appeals preferred and is therefore a court of the second grade.

2. Fees for each grade of Court. - Fees for the service of processes shall be levied in each grade of Court according to the following scale, namely :-

Name of Process	Courts of first grade	Courts of second grade	Courts of third grade
	Rs.	Rs	Rs.
Summons, notice or other process not being a warrant ofarrest or of attachment	3	1.5	0.75
Warrant of attachment	6	3	1.5
Warrant of arrest	6	3	3

Note :- (For Ambala District only). Parties serving processes on their own witness esshall pay fees at half the rates prescribed in the table above.

3. Separate process to issue for each person to be served and a separate fee to be charged. - A separate process shall be issued for each person summoned or arrested, or upon whom a notice is served; and subject to the rule next following, a separate fee shall be charged for each process.

In a case in which it is desired to attach the property of more than one person (judgment-debtors or their sureties), in the same village, a combined warrant of attachment shall be issued and only one attachment fee shall be charged, but if the property lies in more than one village a separate fee shall be charged for each village.

4. Process fee when a process has to be served on 4 or more persons. - When any process, other than a warrant of arrest or of attachment, is to be served upon four or more persons being parties, one fee only shall, according to the scale in rule 2, be charged in respect of the first four processes, and an additional fee, according to the sub-joined scale, shall be charged for each process to be served in excess of four, provided that the aggregate amount of the fee leviable under this rule shall not exceed the maximum prescribed for each grade of Court :-

	Courts of first grade	Courts of second grade	Courts of third grade
	Rs.	Rs.	Rs.
Rate of additional fee	0.75	0.37	0.19
Maximum	22.5	15	7.5

Note :- This rule is not applicable to processes issued for service on witnesses.

5. Except as otherwise directed by any provisions of law, a fee of 75 nP. shall be chargeable for any process issued by a Criminal Court, whether such process be served through the Process-serving Establishment or through the Police :

Provided that no fee shall be chargeable for any process of a Criminal Court relating to a cognizable offence, as defined in Section (4)(i)(f) of the Code of Criminal Procedure or for any process relating to a non-cognizable offence, if in the same case a process relating to a cognizable offence is issued :Provided also that no fee shall be charged by any Criminal Court in the Punjab for any individual process issued in a criminal case at the instance of a Municipal Committee in the Punjab, if such Municipal Committee has compounded for the process fees, otherwise payable by it, by paying such sum of money to the Government of Punjab for such period and in such form as the Governor of the Punjab may from time to time direct.

6. Process issued by and sent to Courts in India to be served free of charge. - A process issued by any Court in India whether of Civil or Criminal jurisdiction, shall be served free of charge by any Court in the Punjab if it be certified on the process that the proper fee has been levied under the rules in force in the territory in which the Court issuing the process is situated. When any Court in the Punjab, whether of Civil or Criminal jurisdiction, transmits a process for service or execution to any Court beyond its jurisdiction, a certificate shall be endorsed on the process that the fee chargeable under rule 2 or rule 4, as the case may be, has been levied.

7. Travelling allowance of process-servers. - Ordinarily process-servers should travel on foot when proceeding to serve or execute processes; but in special cases, the judge of the Court issuing the process, may permit the journey to be made by railway. In such cases the permission should be in writing and the railway fare should be charged to the budget heads. Travelling allowance of process-servers under process-serving establishment is not charged to the person at whose instance the process is issued.

Processes - Civil Courts

Part C – General

1. General provisions regarding services of summons. - The provisions regarding the service of summons on the parties, contained in Sections 27, 28, 29 and 143, Order V, Rules 9 to 30, Order XXVII, Rule 4, Order XXIX, Rule 2, Order XLVIII, Rules 1, 2 and 3, Order III, Rules 3, 5 and 6, Order XXVIII, Rule 3, Order XXX, Rule 3, and Order XLI, Rule 14 of the Civil Procedure Code as amended by the High Court should be strictly observed, as neglect of them may often render the service ineffectual, especially when personal service cannot be made.

2. Rules regarding service in particular cases. - Attention is drawn to the following rules regarding service in particular cases :-

Re : service on agents	Order III, Rules 3 and 6, and Order V, Rules 12, 13 and 14.
Re : service on pleaders	Order III , Rule 5.
Re : service on Corporation	Order XXIX, Rule 2.
Re : service on Firms	Order XXX, Rule 3.
Re : service in suits against the Government	Order XXVII, Rule 4 and Chapter 8 of Volume I.
Re : Service in suits against Military or Naval men or Airmen	Order XXVIII, Rule 3, Order V, Rules 28 and 29 and Chapter 7-Dof this volume.
Re : service by post	Order V Rule 10, as amended by the High Court and Rules 20-A,21, 24 and 25.
Re : service re : appeals	Chapter 14-B, volume I.
Re : service re : execution	Chapter 12-E, paragraph 11, Volume I.

3. Service in cantonments. - Summonses for service on persons residing within the limits of cantonments should not be sent to Executive Officers of cantonments.

4. Service on witnesses. - The general procedure for serving processes on witnesses is the same as in the case of defendants. (See Order XVI, Rule 8, and also Volume I, Chapter 5 "Witnesses - Civil Courts").

5. Service of orders and notices. - All orders and notices issued under the Code are to be served in the manner provided for the service of summons (Order XLVIII, Rule 2).

6. Service of processes during trial, appeal and execution. - In connection with the service of processes during the trial, attention is invited to Rules 19 to 25 of Order VII, Rules 11 and 12 of Order VIII and Order XLI (Appeals), Rule 38, of the Code framed by the High Court under section 122 of the Code of Civil Procedure. Under the new rules parties are required to file addresses for the purposes of serving notices on them during the trial. If the party concerned is not found at the address given, the procedure laid down in Order VII, Rule 22, should be followed, and if the party fails to appear on the date fixed, notice should be sent to the address by registered post. Such service is then taken to be as effectual as personal service.

The new rules are intended to facilitate service of processes on parties throughout the trial including appeals and executions and should be carefully studied.

7. Form of processes. - Forms of processes will be found in Appendix B to Schedule I of the Code of Civil Procedure. In the case of persons of distinction a letter may be substituted for a summons if the Court thinks fit (Order V, Rule 30).

8. Form for return of processes. - The forms prescribed for the return of processes by process-servers (as amended by the High Court) should be followed as nearly as the circumstances of the case permit. These forms are reproduced in Appendix I to this Chapter.

9. Scale of process-fees. - For the scale of process-fees see Chapter 5 of this Volume. For instructions as to the levy of fresh process-fees in certain cases and fees for substituted service see Part A of Chapter 5 of this Volume.

10. Processes sent by post. - When processes are transmitted by post, they should be sent under service covers, and should ordinarily be registered. (Section 143, Civil Procedure Code).

11. Employment of process-servers for execution of warrants of attachment, arrest and sale. - Ordinarily bailiffs are to be employed for the execution of warrants of attachment, arrest and delivery of possession, etc., but process- servers may be employed for this purpose with the permission of the officer-in-charge of the Nazarrat where the value of property involved is not high. Re : execution of warrants of sale by process-servers see Rule 24 (iv) Chapter 12-L, Volume I.

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