Embed Size (px)
Citation preview
CHAPTER XXIX
COPIES AND COPYING FEES
559. The following are the rules under which copies of papers may be grantedunder section 41 of the Bombay Civil Courts Act, (Act XIV of 1869) :
(1) A party to any proceeding may, on application on the prescribed Courtfee, made to the Court having the custody of the record, obtain a certified copy of anyjudgment, order, deposition, memorandum of evidence, or any document filed in the saidproceeding. The application may be made by the party himself or by his recognisedagent or by his pleader or Advocate and may also be sent by post.
The application shall state whether the copy applied for is required for privateuse or otherwise.
Where a party applies for a certified copy by post other than registered post,the date of its receipt by the office of the Court would be the date of the presentation ofthe application. Whenever such application is made by registered post, the same shall beprepaid for acknowledgment and the date of posting of the letter would the date ofpresentation of the application to the Court.
(2) Applications for copies by persons other than parties to the proceedingshall be supported by an affidavit stating the purpose for which the copies are sought.
(3) On receipt of an application, the office shall immediately scrutinize it witha view to ascertaining the correct number of the proceeding, names of the parties,description of the document copy of which is applied for, and whether the document isavailable for copying.
(4) The office shall estimate the costs of the copies before the copying workis undertaken. The estimate should, as far as possible, cover all probable costs of thecopies.
(5) The applicant shall be called upon to deposit the estimated costs of thecopies applied for, and make up other deficiencies then and there only, if his presence isavailable in the office. In other cases, the orders of the Presiding Judge shall be obtainedrequiring the applicant to supply the deficiencies within a specified period of time, not
exceeding ten days from the receipt of the intimation. If the applicants faills to furnish the estimated costs or to make of other
definciency within one month form the date of issue of notice, his application for copyshall be filed and the amount due to him, if any , should be refunded after deductingmoney order charge therefrom.
(6) When the description of the document given in the application is incorrector deficient, and it is, in consequence, necessary for the Record Keeper to search hisrecords in order to find it, a fee at the rate of one rupee for each year of which the recordsare searched, shall be payable by the applicant for such search, whether the document befound or not, and whether the copy for which he applies, on examination of the saiddocument, be granted or not.
(7) As soon as the office finds that the application is complete in all respects,it shall be placed before the Clerk of the Court. The Clerk of the Court shall obtain theorders of the Judge in cases falling under subparagraphs (2), (10) and (11) of thisparagraph and in all other cases may himself pass orders granting or refusing theapplication.
In case the Judge or the Clerk of the Court refuses to grant the application thegrounds of refusal shall be recorded on the application and such refusal and the groundsthereof shall be communicated to the applicant in writing.
(8) Copies shall be furnished within 10 days of the presentation or receipt ofthe application, if the application is complete on that date, unless further delay isunavoidable in which case the cause shall be endorsed on the copy. In other cases, theperiod of 10 days shall be computed from the date on which the application is completedin all respects.
(9) When a party applies for a copy of an appellate judgment for the purposesof filing a further appeal or revision he shall be furnished with a copy not only of thejudgment but also of the grounds of appeal and of the cross objections, if any, unlessthese are incorporated in the judgment itself.
(10) A certified copy of a party only of any document on record, whetherexhibited or not, may in the discretion of the Presiding Judge, be given. No copy,however shall be given of part of judgment. However, for the purpose of execution, acertified copy of only the last paragraph of the judgment, viz., the entire operative ordershall be furnished, indicating in the title, the names and addresses of all the parties to thesuit, as provided in Subrule (2((b) of rule 6A of Order XX of the Code of Civil
Procedure, subject to the conditions mentioned therein.
In the case of a Roznama, the portion of which copy is given, at the discretionof the Presiding Judge, must include all the entries of a particular date or dates,accompanied with the heading.
(11) Copies of any document on the record of a proceeding prepared by aparty may in the discretion of the presiding Judge of the Court, be certified as true copiesupon an application made in that behalf :
Provided that the copies sought to be certified are typed neatly and on goodpaper, and the otherwise in conformity with the instructions laid down in rule 21 hereof;and :
Provided further that the applicant pays the comparing fee herein prescribedfor certified copies prepared in the office.
(12) The following endorsement shall be made on every copy of thedocument :
(i) The date on which the copy was applied for.(ii) The date on which the application was completed.(iii) The date (when the date once given is subsequently changed, the last of
such changed dates) given to the applicant for taking delivery of the copy.(iv) The date on which the copy was ready for delivery.(v) The date on which it was delivered or posted.
To prevent unauthorised alterations being made, the date shall be written inletters in distinct handwriting and the endorsement should be signed by some authorisedofficer of the Court on the date on which it was made.
(13) Inclusive of a surcharge of 55 per cent the certified copies shall becharged at the following rates :
(i) A flat rate of Re. 1 and 50 paise for ordinary copy and Rs. 2 and 50 paisefor urgent copy shall be charged per page or per manuscript page of the certified copyinclusive for copying, comparing and paper cost (irrespective of the fact whether thedocument is in English or in regional language).
(ii) In case of a copy of map or plan, the charges for copying, comparing andpaper cost shall not be less than Rs. 5 and more than Rs. 25 as the Presiding Officer maydetermine.
(iii) Certified ordinary copy prepared on Photocopying machines shall becharged at the rate of Re. 1 and 50 paise per page.
(iv) Urgent certified copies prepared on Photocopying Machine shall becharged at the rate of Rs. 2 and 50 paise per page.
(v) Charges for certified copies prepared on Photocopying Machine shall beat the same rates as specified above, whether the document be in English or in anyregional language.
(vi) In case of comparison and certification of private copies prepared onprivate Photocopying Machine, the charges shall be Re. 1 and 50 paise per page.
(vii) The Court fee stamps of 50 paise and Re. 1 shall be affixed onapplication for certified copies for issue of ordinary and urgent copies respectively.”
13A(i) Certified copy prepared on Xerox Machine shall be charged at the rate ofR.1and 50 Paise per page. (ii) Urgent copy shall be charged one and half times the rate for an ordinary copyprepared on a Xerox machine. (iii) Charges for vernacular certified copies prepared on a Xerox machine shall beat the same dates specified above .
(14) On extra payment of
(a) a Court fee stamp of 50 paise upon the application ; and
(b) half the copying fee and comparing fee ordinarily charged asprescribed in subparagraph (13) above copies shall be furnished, if possible, within 24hours, and in any case within 48 hours, provided that the document of which the copy issought is in existence and available amongst the records of the Court to which theapplication is made. In the case of applications for copies of decrees, if the decree is notsigned by the Judge till the date of the application, the period of 24 hours or 48 hoursshall be computed from the date the decree is signed by the Judge.
In computing the above period of 24 hours and 48 hours, every Sunday andHoliday on which the Court is closed shall be excluded.
(C) Every Application for urgent certified copies should be registered inthe Registrar to be maintained by the Civil Court in the form prescribed in paragraph 559(14(d).
The Clerk of the Court or the Nazir should consider the fix the priority ofeach one of such urgent or express delivery applications and assign to each of them serialnumber of priority. The serial number of priority of each of such applications should beentered in column No. 4 of the Register. Thereafter, the applications should be disposedof strictly according to the priority fixed by the Clerk of the Court or the Nazir.
(d) Register of Applications for Express Delivery / Urgent Certified Copies
Serial No. Date ofreceipt
Number of the applicationin the copying Register
Serial Number ofthe priority fixed
To whom sent forsupplying record
1 2 3 4 5
Date onwhich sent
Date on whichrecord received
Date on which copywas made ready
Date on whichcopy delivered
Reasons fordelay, in any.
6 7 8 9 10
(15) Where different persons apply for certified copies of the same orderjudgment or document in Civil Matters, the first person should be supplied the Originalcopy at the full rate and the other persons carbon copies which should be legible, dividingthe charges equally among them. But if one person applies for more than one copy, heshall on request, be given carbon copies (in addition to the original copy at the full rate)upto a maximum of two and should be charged half of the fee prescribed for a single copy
with a minimum of 15 paise.
(16) Court fee should be recovered at the time of furnishing copies and notwhen the copies are filed in Courts. Under articles 24, 25 and 27 of Schedule II of theBombay Courtfee Act XXXVI of 1959, fees are leviable in respect of copies of thedocuments specified therein except in cases where Government has, by a notificationunder section 46 of the aforesaid Act exempted any document or class of documents frompayment of Court fees. Under clause (7) of Government Notification, RevenueDapartment, No. 590, dated 16th September 1921, Court fees are remitted in case copiesare required for private use by persons, applying for them.
Before the aforesaid copies of documents are furnished to the partiesconcerned, a statement should be obtained from them as to whether the copies arerequired for private use or otherwise, and if the parties state that the copies are requiredfor private use then in accordance with the exemption granted by Government, no Courtfee should be levied on such copies. In case the aforesaid copies are produced later on inany court, then Court fee a required under foregoing provisions should be levied beforethey are received.
The copies on which Court fees are not chargeable under the Bombay Courtfees Act, 1959, should not be certified to be true copies unless stamp duty under article26 Schedule I of the Bombay Stamp Act, 1958, has been paid before furnishing them.Stamp duty under the Bombay Stamp act will not however be chargeable on copies onwhich Court fees are chargeable but which has been remitted by a Notification undersection 46 of the Bombay Court fees Act.
(17) No fee is to be charged for comparing copies under Order VII, rules 14and 17, and Order XIII, rule 5 of the Civil Procedure Code.
(18) In case the estimated deposit falls short of the charges which would haveto be recovered in respect of the copies, the balance shall be recovered from the parties orlawyer concerned before the copies are delivered personally to them. In case theapplicant applies for such copies by post or where the copies are required to be sentthrough the agency of the post, such balance may be recovered by sending copies byvalue payable post.
Note : A value payable parcel can only be sent for transmission to Post Office which isalso a Money Order Post Office and the amount to be recovered must not be less than 25
paise.
(19) In cases where the applicant refuses to pay the balance of the amount ofthe charges due from him or to accept the V.P.P. The Court shall recover the amount byattachment and sale of the movable property of the applicant.
(20) In every case where an applicant for certified copies pays a deposit heshould be granted a receipt preferably in Form A of Appendix I at page 70, Volume II.
(21) All copies should be correct, and typed or written in a clear hand withgood ink, on stout paper, and on the outer three quarter margin only if sheets of foolscappaper, the inner one quarter margin of every sheet being left blank.
If it is not possible to prepare the copies of blue prints of any map or plan, theparty producing the map or plan may be called upon to furnish additional copies of theblue prints which may be certified.
(22) All copies shall be dated, subscribed and sealed in the manner prescribedby section 76 of the Indian Evidence Act.
The Clerk of the Court is the officer appointed in every Civil Court to certifyand deliver copies of all civil records within the meaning of section 76 of the IndianEvidence Act.
Translation
(23) Translations should be prepared by an Officer of the Court qualified forthe purpose, or by a translator appointed by the Presiding Officer of the Court.
(24) (1) Fees for translating documents from one language into another,should be charged at a uniform rate of 50 paise for 100 words, but the District Judge maymodify the rate for sufficient reasons.
(2) If such translations are made by a person who is not a member of theestablishment of the court or by a member of the establishment of the court outside officehours the fees recovered in respect of such translations shall be paid to him. No fees shallbe payable to a member of the establishment of the court, if the translations are made byhim during office hours, but the fees recovered in respect of such translations shall be
credited to Government.
(25) A surcharge of 55 per cent, shall be levied on translation fees and addedto the total charges for the preparation of certified copies.”Note : The above amended provisions to come into effect on an from 1st of June,1992.
560. (1) Notwithstanding anything contained in the foregoing paragraph, wherenotes of evidence are taken down on a typewriter to the dictation of the Presiding Officer,ordinary copies of such notes of evidence may be supplied on request to the parties ortheir Advocates, subject to the following conditions, viz :
(i) they give an intimation in writing to the Court in that behalf beforerecording of the evidence commences ;
(ii) they supply the stationery required for the purpose; and
(iii) they also pay charges for the copies at the following rates :
In all Civil Courts in the Mofussils In the Bombay City Civil Court, Bombay
When only one partyapplies
When more partiesthan one apply to beshared equally by all
When only one partyapplies
When more partiesthan one apply to beshared equally by all
10 Paise per folio of100 words
15 Paise per folio of100 words
15 Paise per folio of100 words
20 Paise per folio of100 words
(2) Notwithstanding anything contained in subparagraph (1) no charges asprescribed in condition (iii) of that subparagraph shall be payable by
(a) the Government of Maharashtra or a servant of the Government ofMaharashtra whose defence has been undertaken by the Government of Maharashtra.
(b) persons who have been given legal assistance at the cost of theGovernment of Maharashtra under any of its schemes for legal assistance;
(c) persons who are permitted to sue or defend in forms pauperis.
(d) the Supreme Court Legal Aid Committee, the High Court Legal AidCommittee or the District Legal Aid and Advice Committee giving free legal aid toindigent persons.
(3) The charges so collected shall be appropriated by the stenographer or thetypist who prepares the copies. He shall not use Government stationery for such copies.
Note : The aforesaid provisions shall mutatis mutandis apply to the copy of the judgmentto be supplied under order XX Rule 68 of the Code of Civil Procedure, 1908, after it issigned by the Presiding Officer.
Supplementary rules and form regarding copying and translation feesfor the guidance of all District and subordinate and Small Causes Courts.
561. (1) Applications for copies with deposits should be received by the RecordKeeper, but if the record from which the copy is required is in the Court and not in theRecord Room the application will be passed on by him to the Sheristedar or other officerappointed by the Judge, after he has entered it in the Register of Applications and hasentered the fee in the Daily Fee Book as provided in rules 3 and 4.
(2) On the day when the application is made for certified copies the RecordKeeper should make an estimate as to when the copy is likely to be ready and give theapplicant the date on which he should appear for receiving the copy. A note of thisshould be made on the application and the applicant should sign the application in tokenof having received the intimation. If the copies are not ready on the date fixed theapplicant should be informed by post or otherwise of the new date on which he can takedelivery of the copies. If the application is received by post, intimation of the date maybe given by post.
(3) Each application should be initialled and endorsed by the Record keeperwith the date of presentation and the amount of deposit. It should then be entered in theRegister of applications for copies (Form at page 202) which should be kept in theRecord Keeper's Office. Applications for copies should be filed separately in consecutiveseries after they are disposed of.
(4) The Deposit Fee and Refund of Fee should at once be entered in theRecord Keeper's Daily Book, which should be kept in the following form :
Daily Fee Book
Receipts Expenditure
Monthand Date
Serial No. in the Registerof applications for copies
Amount Serial No. in the Register ofapplication for copies inwhich refund is paid
Amountrefunded
1 2 3 4 5
(5) Deficit amount, if any, when received subsequently, after issuing thenecessary receipts, the application for copies should be endorsed with necessary note tothat fact and an entry should be taken in the Daily Fee Book immediately.
(6) At the close of the day, the Record Keeper should take the endorsedapplications and applications on which refunds were made and the balance of the amounttogether with the Daily Fee Book to the Nazir and handover the balance of amount to himand take Nazir's signature on the Daily Fee Book. The Nazir should compare theendorsements on the applications and acknowledgments of refund with the entries in theDaily Fee Book before signing it.
(7) The Nazir should keep a Deposit Fee Account containing the followingcolumns :
(a) Balance at the close of the month.
Receipts
(b) Amount deposited during the month as per Daily Fee Book.(c) Total of Columns (a) and (b).
Disbursement
(d) Copying and other fees as per abstract to be credited to Government.(e) Amount refunded to depositors.(f) Comparing and other fees to be credited to Government.(g) Cost of paper to be credited to Government.(h) Copying fee remitted to the Court in which the copy is made.(i) Total of columns (d) to (h).(j) Balance at the close of the month.
Total of columns (i) and (j) should agree with column (c)
(8) The amount of the Daily Fee Receipts taken from the Daily Fee Bookshould be credited daily on the receipt side of the Nazir's Cash Book I, and all sums sentto the Treasury debited in the same book on the debit side. In the same manner all sumswithdrawn from the treasury should be credited in the Cash Book I and payments debitedin that book. The remittances to the treasury should pass through Register (C) of depositsand withdrawal through Register (D). The payments into the treasury should besupported by the Treasury Officer's acknowledgment in the Court's Book and refunds toapplicants by their acknowledgments in column 16 of the Register of Applications forCopies.
(9) The Deposit Fee Account should be closed by Nazir monthly, the total ofthe receipts in the Fee Book being entered in column (b) of the account which with theFee Book, the Pass Book and the Abstract for payment should be placed before the judgefor scrutiny and signature.
(10) The above rules and forms apply mutatis mutandis to translation fees.
(11) The duties of the Record Keeper referred to in the above Rules shall beperformed in the subordinate Court by the Clerk of the Court.
Register of Applications for Copies and Translations in the Court of for the year 19...
No ofapplication
Date ofapplication
Name ofapplicant
No. and year of casefrom which the copy
or translation isrequired
Amount ofestimated feesdeposited anddate of deposit
Amount ofdeficit, if
any, and dateof receipt
1 2 3 4 5 6
Amountrecovered by
VPP., and dateof recovery
Name ofcopyist ortranslator
Date ofcompletion of
copy ortranslation
Date givenfor taking
copy
Date of deliveryof copy or
translation ordispatch by VPP
Amount duefor copying
fee
7 8 9 10 11 12
Amountdue forcomparingfee
Amountdue fortranslationfee
Amountof PaperCost
Amount duefor postage incase of feesrecoverableby VPP
Amount, ifany, refunded
Signature of applicantfor receipt of copiesand refund if any, orNo. and date of MoneyOrder and VPP
13 14 15 16 17 18
Amount paid totranslators.
Signature oftranslators
Amount creditedto Government
No. and date ofTreasury receipt
Remarks
19 20 21 22 23
