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State of Gujarat - Section

Section 6 in Gujarat Electricity Regulatory Commission (Establishment of Forum for Redressal of Grievances of the Consumers) Regulations, 2004

6. Computation of fees payable in certain suits.

- The amount of fees payable under this Act in the suits next hereinafter mentioned shall be computed as follows
(1)For moneyIn suits for money (including suits for damages or compensation, or arrears of maintenance, of annuities or of other sums payable periodically) according to the amount claimed;
(2)For maintenance and annuitiesIn 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 an arrear of land revenue.
(3)
(a)For other movable property having a market value :-
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;
(b)Against recovery of any money due as a tax, etc.,
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 and Conciliation Act, 1996, (20 of 1996), 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 a minimum fee of Thirty 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 sought also include a relief for possession the amount of fee shall be the full ad valorem fee on the amount sought to be recovered;
(c)Similar claim in respect of movable property
In suits for declaration similar to those falling under sub-clause (b) in respect of movable property one fourth of ad valorem fee leviable on the value of the movable property subject to the minimum fee as under sub-clause(b)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;
(d)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 the yearProvided 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;
(4)For ownership etc., for immovable property, etc..,In suits for declaration in respect of ownership or nature of tenancy, title, tenure, right, lease, freedom, or exemption from, or non-liability to, attachment with or without sale or other attributes,of immovable 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 sale of the subject-matter, subject to a minimum fee of Forty 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 Thirty 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 one sixth of such ad valorem fee, subject to the minimum fee specified 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 relief sought also include a relief for possession the amount of fee shall be the full ad valorem fee;
(5)Declaration for easements, etc..,In suits for declaration of easement or right to benefit arising out of immovable property, with or without an injunction or other consequential relief, the amount of fee shall be as shown in the Table below :-Table
Area Fees
(a) The area within the limits of the MunicipalCorporation. One fourth of the ad valorem fee leviable for asuit for possession of the servient tenement or the dominanttenement, whichever is less, subject to a minimum fee of Rs. 30/-
(b) Area within the limits of Municipality. One sixth of the ad valorem fee leviable for asuit for possession of the servient tenement or the dominanttenement, whichever is less, subject to a minimum fee of thirtyrupees.
(c) Any other area in the State of Gujarat. thirty rupees.
(6)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- Sixty rupeesProvided that where injunction or other consequential relief is also sought in such case, the amount of fee shall be One Hundred rupees;
(7)For charge on propertyIn suits for declaration of a charge in favour of the plaintiff on movable or immovable property, one-half of ad valorem fee payable on the charge amount:Provided that where injuction or other consequential relief is also sought in such cases, the amount of fee shall be full ad valorem fee payable on the charge amount.
(8)For periodical money returnsIn suits for declaration in respect of periodical charge or money return in favour of or against the plaintiff one half of a 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;
(9)For avoidance of Sale, contract for sale, etcIn suits for declaration that any sale or contract for sale or termination of the contract for sale of any movable or immovable property is void,one half of ad valorem fee leviable on the value of the property.
(10)For avoidance of acquisition ProceedingsIn suits for declaration that any proceedings for compulsory acqusition of any movable or immovable property are void, one half of ad valorem fee leviable on the value of the property:
(11)For accountsIn suits for a 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 one hundred rupees;
(12)For other declarationsIn 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 - One hundred rupees;In all suits under clauses (b), (c) and (d) of clause (3) and clauses (4) to (11), the plaintiff shall state the amount at which he values the relief sought, with the reasons for the valuation;
(13)For possession of lands, houses and gardensIn 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 twenty 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 forty times the survey assessment; and
(c)Where the whole or any part of the annual survey assessment is remitted-a sum computed under sub-clause (a) or sub-clause (b), as the case may be, in addition to forty times the assessment, or the portion of assessment, so remitted;
(14)To enforce a right of premptionIn suits to enforce a right of pre-emption according to the value (computed in accordance with the clause (13), of the land, house or garden in respect of which the right is claimed;
(15)For share in joint propertyIn suits 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 constructive possession of the property of which he claims 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 purpose of this clause, if the property in which a share is claimed 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 clause (13)
(16)For interest of assignee of land revenue: -In suits for the interest of an assignee of land revenue, thirty times his net profits as such for the year next before the date of presenting the plaint;
(17)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;
(18)To redeemIn suits against a mortgagee for the recovery of the property mortgaged, and in suits by a mortgagee to foreclose the mortgage,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;
(19)for specific performanceIn 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;
(20)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 deliver by a landlord of a lease,
(d)for the recovery of immovable property from a tenant, including a tenant holding over after the determination of a tenancy,
(e)to contest a notice of ejectment,
(f)to recover the occupancy of immovable property from which a tenant has been illegally ejected by the landlord, and
(g)for abatement of rent -
according to the amount of the rent of the immovable property to which the suit refers, payable for the year next before the date of presenting the plaint.