ad valorem fees - laws of bangladeshbdlaws.minlaw.gov.bd/pdf/21___schedule.pdfa. ad valorem fees...

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1 [SCHEDULE I A. Ad valorem fees Number Proper fees (Taka) 1 2 3 1. Plaint, written statement, pleading a set-off or counterclaim or memorandum of appeal (not otherwise provided for in this Act) or of cross- objection presented to any Civil or Revenue Court except those mentioned in section 3. When the amount or value of the subject-matter in dispute does not exceed seventy-five taka, for every five Taka or part thereof, of such amount or value, 1.00 and When such amount or value exceeds seventy-five Taka, for every five Taka or part thereof, in excess of seventy-five Taka, up to one hundred Taka, 1.00 and When such amount or value exceeds one hundred Taka, for every ten Taka, or part thereof, in excess of one hundred Taka, up to one hundred and fifty Taka, 3.00 and When such amount or value exceeds, one hundred and fifty Taka, for every ten Taka, or part thereof, up to one thousand Taka, 2.00 and 1 SCHEDULE 1 was substituted for the previous “SCHEDULE 1” by section 2 of the Court - fees(Amendment) Act, 2010(Act No. XLV of 2010) with effect from 1 st September, 2010.

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Page 1: Ad valorem fees - Laws of Bangladeshbdlaws.minlaw.gov.bd/pdf/21___Schedule.pdfA. Ad valorem fees Number Proper fees (Taka) 1 2 3 ... Code of Civil Procedure, 1908, or the State

1[SCHEDULE I

A. Ad valorem fees

Number Proper fees (Taka)1 2 3

1. Plaint, written statement,pleading a set-off orcounter–claim ormemorandum of appeal(not otherwise providedfor in this Act) or of cross-objection presented to anyCivil or Revenue Courtexcept those mentioned insection 3.

When the amount or value of thesubject-matter in dispute does notexceed seventy-five taka, forevery five Taka or part thereof, ofsuch amount or value,

1.00

andWhen such amount or valueexceeds seventy-five Taka, forevery five Taka or part thereof, inexcess of seventy-five Taka, up toone hundred Taka,

1.00

andWhen such amount or valueexceeds one hundred Taka, forevery ten Taka, or part thereof, inexcess of one hundred Taka, up toone hundred and fifty Taka,

3.00

andWhen such amount or valueexceeds, one hundred and fiftyTaka, for every ten Taka, or partthereof, up to one thousand Taka,

2.00

and

1 SCHEDULE 1 was substituted for the previous “SCHEDULE 1” by section 2 of the Court-fees(Amendment) Act, 2010(Act No. XLV of 2010) with effect from 1st September, 2010.

Page 2: Ad valorem fees - Laws of Bangladeshbdlaws.minlaw.gov.bd/pdf/21___Schedule.pdfA. Ad valorem fees Number Proper fees (Taka) 1 2 3 ... Code of Civil Procedure, 1908, or the State

Number Proper fees (Taka)When such amount or valueexceeds one thousand Taka, forevery one hundred Taka, or partthereof, in excess of one thousandTaka, up to seven thousand fivehundred taka,

12.00

andWhen such amount or valueexceeds seven thousand fivehundred Taka, for every twohundred fifty Taka, or partthereof, in excess of seventhousand five hundred Taka, up toten thousand Taka,

23.00

andWhen such amount or valueexceeds ten thousand taka, forevery five hundred Taka, or partthereof, in excess of ten thousandTaka, up to twenty thousand Taka,

34.00

andWhen such amount or valueexceeds twenty thousand Taka,for every one thousand Taka, orpart thereof, in excess of twentythousand Taka, up to fiftythousand Taka,

45.00

andWhen such amount or valueexceeds fifty thousand Taka, forevery five thousand Taka, or partthereof, in excess of fifty thousandTaka:Provided that the maximum feeleviable on a plaint ormemorandum of appeal shall bethirty five thousand Taka.

57.00

2.Plaint in a suit forpossession under theSpecific Relief Act,1877,section 9.

When the amount or value of thesubject-matter in dispute does notexceed seventy-five Taka, forevery five Taka, or part thereof, ofsuch amount or value,

1.00

andWhen such amount or valueexceeds seventy five Taka, forevery five Taka, or part thereof, inexcess of seventy five Taka, up to

1.00

Page 3: Ad valorem fees - Laws of Bangladeshbdlaws.minlaw.gov.bd/pdf/21___Schedule.pdfA. Ad valorem fees Number Proper fees (Taka) 1 2 3 ... Code of Civil Procedure, 1908, or the State

one hundred Taka,and

Page 4: Ad valorem fees - Laws of Bangladeshbdlaws.minlaw.gov.bd/pdf/21___Schedule.pdfA. Ad valorem fees Number Proper fees (Taka) 1 2 3 ... Code of Civil Procedure, 1908, or the State

Number Proper fees (Taka)When such amount or valueexceeds one hundred Taka, forevery ten Taka, or part thereof, inexcess of one hundred Taka, up toone hundred and fifty Taka,

2.00

and

When such amount or valueexceeds one hundred and fiftyTaka, for every ten Taka, or partthereof, up to one thousand Taka,

1.00

andWhen such amount or valueexceeds one thousand Taka, forevery one hundred Taka, or partthereof, in excess of one thousandTaka, up to seven thousand fivehundred Taka,

6.00

andWhen such amount or valueexceeds seven thousand fivehundred Taka, for every twohundred and fifty Taka, or partthereof, in excess of seventhousand five hundred Taka, up toten thousand Taka,

12.00

and

When such amount or valueexceeds ten thousand Taka, forevery five hundred Taka, or partthereof, in excess of ten thousandTaka, up to twenty thousand Taka,

17.00

and

When such amount or valueexceeds twenty thousand Taka,for every one thousand Taka, orpart thereof, in excess of twentythousand Taka, up to fiftythousand Taka,

23.00

and

When such amount or valueexceeds fifty thousand Taka, forevery five thousand Taka, or partthereof, in excess of fifty thousandTaka:Provided that the maximum feeleviable on a plaint shall be seventhousand five hundred Taka.

30.00

3. Application for review of The fee leviable on the

Page 5: Ad valorem fees - Laws of Bangladeshbdlaws.minlaw.gov.bd/pdf/21___Schedule.pdfA. Ad valorem fees Number Proper fees (Taka) 1 2 3 ... Code of Civil Procedure, 1908, or the State

judgment, if presented onor after the ninetieth dayfrom the date of thedecree.

plaint or memorandum ofappeal.

Page 6: Ad valorem fees - Laws of Bangladeshbdlaws.minlaw.gov.bd/pdf/21___Schedule.pdfA. Ad valorem fees Number Proper fees (Taka) 1 2 3 ... Code of Civil Procedure, 1908, or the State

Number Proper fees (Taka)and

4. An application presented toany Civil Court for settingaside of a sale inexecution of a decreeunder the provisions of theCode of Civil Procedure,1908, or the StateAcquisition and TenancyAct, 1950 or Applicationpresented to a CertificateOfficer for setting aside asale in execution of acertificate under theprovision of the PublicDemands Recovery Act,1913.

For every five hundred Taka, orpart thereof, on the value of theproperty sold.

1.00

5. Application for review ofjudgment, if presentedbefore the ninetieth dayfrom the date of decree.

A fee in the same scale asprescribed in Article 2above.

6. Copy or translation of ajudgment or order notbeing, or having the forceof, a decree.

When such judgment or order ispassed by any Civil Court otherthan the High Court Division, orby the presiding officer of anyRevenue Court or Office, or byany other Judicial or ExecutiveAuthority– (a) If the amount or value of the

subject-matter is fifty or lessthan fifty Taka,

1.00

(b) If such amount or valueexceeds fifty Taka.

2.00

[[

When such judgment or order ispassed by the High CourtDivision.

3.00

7. Copy of a decree or orderhaving the force of adecree.

When such decree or order ismade by any Civil Court otherthan the High Court Division, orby any Revenue Court- (a) If the amount or value of the

subject-matter of the suitwherein such decree or orderis made is fifty or less thanfifty Taka,

1.00

(b) If such amount or valueexceeds fifty Taka,

2.00

When such decree or order is 8.00

Page 7: Ad valorem fees - Laws of Bangladeshbdlaws.minlaw.gov.bd/pdf/21___Schedule.pdfA. Ad valorem fees Number Proper fees (Taka) 1 2 3 ... Code of Civil Procedure, 1908, or the State

made by the High Court Division.

Number Proper fees (Taka)8. Copy of any document

liable to stamp-duty underthe Stamp Act, 1899,when left by any party to asuit or proceeding in placeof the original withdrawn.

(a) When the stamp-dutychargeable on the originaldoes not exceed fifty poisha,

The amount of dutychargeable on the original.

(b) In any other case. 1.009. Copy of any revenue or

judicial proceeding ororder not otherwiseprovided for by this Act,or copy of any account,statement, report or thelike taken out of any Civilor Criminal or RevenueCourt or office, or fromthe office of any ChiefOfficer charged with theexecutive administrationof a Division.

For every three hundred and sixtywords or fraction of three hundredand sixty words.

1.00

10. Probate of a will or lettersof administration with orwithout will annexed.

When the amount or value of theproperty in respect of which thegrant of probate or letters is madeexceeds five thousand Taka, onsuch amount or value up to fiftythousand Taka,

Three per centum

andWhen such amount or valueexceeds fifty thousand Taka, onthe portion of such amount orvalue which is in excess of fiftythousand Taka, up to one lakhTaka,

Five per centum

andWhen such amount or valueexceeds one lakh Taka, on theportion of such amount or valuewhich is in excess of one lakhTaka, up to two lakh and fiftythousand Taka,[[[[[

Six per centum

andWhen such amount or valueexceeds two lakh and fiftythousand Taka, on the portion ofsuch amount or value which is inexcess of two lakh and fiftythousand Taka, up to three lakh

Seven per centum

Page 8: Ad valorem fees - Laws of Bangladeshbdlaws.minlaw.gov.bd/pdf/21___Schedule.pdfA. Ad valorem fees Number Proper fees (Taka) 1 2 3 ... Code of Civil Procedure, 1908, or the State

Taka,and

Page 9: Ad valorem fees - Laws of Bangladeshbdlaws.minlaw.gov.bd/pdf/21___Schedule.pdfA. Ad valorem fees Number Proper fees (Taka) 1 2 3 ... Code of Civil Procedure, 1908, or the State

Number Proper fees (Taka)When such amount or valueexceeds three lakh Taka, on theportion of such amount or valuewhich is in excess of three lakhTaka, up to four lakh Taka,

Eight per centum

andWhen such amount or valueexceeds four lakh Taka, on theportion of such amount or valuewhich is in excess of four lakhTaka, up to five lakh Taka,

Eight per centum

andWhen such amount or valueexceeds five lakh Taka, on theportion of such amount or valuewhich is in excess of five lakhTaka:

Nine per centum

Provided that when, after the grantof a certificate under theSuccession Act, 1925, in respectof any property included in anestate, a grant of probate or lettersof an administration is made inrespect of the same estate, the feepayable in respect of the lettersgrant shall be reduced by theamount of the fee paid in respectof the former grant.

11. Certificate under theSuccession Act, 1925.

When such amount or value ofany debts or securities specified inthe certificate under section 374of the Act exceeds taka twentythousand but dose not exceed takaone lakh

One per centum

When the amount or value of anydebts or securities specified in thecertificate under section 374 ofthe Act exceeds taka one lakh

Two per centum

When the aggregate amount orvalue of any debts or securitiesspecified in the certificate and ofany debts or securities to whichthe certificate has been extendedunder section 376 of the Actexceeds taka twenty thousand butdoes not exceed taka one lakh

One percentum of suchaggregate.

When the aggregate amount orvalue of any debts or securitiesspecified in the certificate and of

Two per centum of suchaggregate.

Page 10: Ad valorem fees - Laws of Bangladeshbdlaws.minlaw.gov.bd/pdf/21___Schedule.pdfA. Ad valorem fees Number Proper fees (Taka) 1 2 3 ... Code of Civil Procedure, 1908, or the State

any debts or securities to whichthe certificate has been extendedunder section 376 of the Actexceeds taka one lakh

Page 11: Ad valorem fees - Laws of Bangladeshbdlaws.minlaw.gov.bd/pdf/21___Schedule.pdfA. Ad valorem fees Number Proper fees (Taka) 1 2 3 ... Code of Civil Procedure, 1908, or the State

Number Proper fees (Taka)

Notes:

(1) The amount of a debt is theamount including interest onthe pay on which theinclusion of the debt in thecertificate is applied for, sofar as such amount can beascertained.

(2) Whether or not any powerwith respect to a securityspecified in a certificate hasbeen conferred under the Act,and where such power hasbeen conferred, whether thepower is for the receiving ofinterest or dividends on, or forthe negotiation or transfer ofthe security, or for bothpurposes, the value of asecurity is its market value onthe day on which theinclusion of the security in thecertificate is applied for, sofar as such value can beascertained.

12. Application to the HighCourt Division for theexercise of its revisionaljurisdiction under section115 of the Code of CivilProcedure, 1908.

Where the application is forrevision of an order and theamount or value of the subject-matter is less than two thousandTaka,

20.00

Where the application is for therevision of an order and theamount or value of the subject-matter is two thousand Taka ormore,

40.00

Where the application is for therevision of an appellate decree.

The fee leviable on amemorandum of appeal.

Page 12: Ad valorem fees - Laws of Bangladeshbdlaws.minlaw.gov.bd/pdf/21___Schedule.pdfA. Ad valorem fees Number Proper fees (Taka) 1 2 3 ... Code of Civil Procedure, 1908, or the State

B. TABLE OF RATES OF AD VALOREM FEES LEVIABLEON THE INSTITUTION OF SUITS

Number Proper fees1 2

1. Where the subject- matteris money.

2[2.5% of the amount but the total fees shall not exceed Taka50,000].

2. Where the subject-matteris other than money.

3[2% of the amount but the total fees shall not exceed Taka40,000].]

2 The figures, mark and words “2.5% of the amount but the total fees shall not exceed Taka 50,000”were substituted for the figure, mark and words “15% of the amount” by S.R.O. No. 326-Law/2010.3 The figures, mark and words “2% of the amount but the total fees shall not exceed Taka 40,000”were substituted for the figure, mark and words “15% of the amount” by S.R.O. No. 326-Law/2010.

Page 13: Ad valorem fees - Laws of Bangladeshbdlaws.minlaw.gov.bd/pdf/21___Schedule.pdfA. Ad valorem fees Number Proper fees (Taka) 1 2 3 ... Code of Civil Procedure, 1908, or the State

4[SCHEDULE IIFIXED FEES

Number Proper fees(Taka)

5[ReducedProper fees

(Taka)1 2 3 4

1. Application or petition (a) When presented to any officer ofthe Customs or ExciseDepartment or to any Magistrateby any person having or todealings with the Government andwhen the subject-matter of suchapplication relates exclusively tothose dealings,

or, when presented to any officer of

land-revenue by any personholding temporarily settled landunder direct engagement withGovernment, and when thesubject-matter of the applicationor petition relates exclusively tosuch engagement,

or,when presented to any Pourashavaor Zilla Parishad under any lawfor the time being in force for theconservancy or improvement ofany place, if the application orpetition relates solely to suchconservancy or improvement,when presented to any Civil Courtother than a Principal Civil Courtof original jurisdiction or to anyCourt of Small Causes constitutedunder the Small Cause CourtsAct,1887 or under the CivilCourts Act, Section 25, or to aCollector or other officer ofrevenue in relation to any suit orcase in which the amount or valueof the subject-matter is less thanfifty taka,

or,when presented to any Civil,Criminal or Revenue Court or toany Board or executive officer forthe purpose of obtaining a copy ortranslation of any judgement,decree or order passed by suchCourt, Board or officer or of any

200.00 20.00]

4 SCHEDULE II was substituted for the previous “SCHEDULE II” by section 3 of the Court-fees(Amendment) Act, 2010(Act No. XLV of 2010) with effect from 1st September, 2010.5 The fees specified in column 3 of SCHEDULE II reduced at the rate mentioned in Column 4 videNotification No. 307-Law/2010, dated 30-8-2010(with effect from 1st September, 2010)

Page 14: Ad valorem fees - Laws of Bangladeshbdlaws.minlaw.gov.bd/pdf/21___Schedule.pdfA. Ad valorem fees Number Proper fees (Taka) 1 2 3 ... Code of Civil Procedure, 1908, or the State

other document on record in suchCourt, Board or office.

(b) When containing a complaint orcharge of any offence other thanan offence for which policeofficers may, under the Code ofCriminal Procedure, 1898, arrestwithout warrant, and presented toany Criminal court,

Taka 10.00 for complaintcases and taka 5.00 for allother cases.

Page 15: Ad valorem fees - Laws of Bangladeshbdlaws.minlaw.gov.bd/pdf/21___Schedule.pdfA. Ad valorem fees Number Proper fees (Taka) 1 2 3 ... Code of Civil Procedure, 1908, or the State

1 2 3or,

when presented to a Civil,Criminal or Revenue Court, or toa Collector, or any RevenueOfficer having jurisdiction equalor subordinate to a Collector,

10.00

or, to any Magistrate in his executive

capacity and not otherwiseprovided for this Act, or to depositin Court revenue or rent; or fordetermination by a Court of theamount of compensation to bepaid by a land lord to his tenant.

10.00

(c) When presented to the ChiefRevenue or Executive Authorityor to a Commissioner, or to anyChief Officer charged with theexecutive administration of aDivision and not otherwiseprovided for by this Act.

100.00

(d) (i) When presented to the HighCourt Division under section115 of the Code of CivilProcedure,1908, for revisionof an order-(a) When the value of the suit

to which the order relatesdoes not exceed Taka1000.

(b) When the value of the suitexceeds Taka 1000.

100.00

200.00

(ii) When presented to the HighCourt Division otherwisethan under that section.

100.00

2. Application to any Civil Courtthat records may be called forfrom another Court.

When the Court grants the applicationand is of opinion, that thetransmission of such records involvesthe use of the post.

25.00 Taka in addition to anyfee levied on the applicationunder clause (a), clause (b) orclause (d) of article 1 of thisschedule.

3. Application for leave to sue asa pauper.

5.00

4. Application for leave to appealas a pauper.

5.00

5. Plaint or memorandum ofappeal in a suit to establish ordisprove a right of occupancy.

50.00

6. Bail, bond or other instrumentof obligation given inpursuance of an order made bya Court or Magistrate underany section of the Code ofCriminal Procedure, 1898, orthe Code of Civil Procedure,

25.00

Page 16: Ad valorem fees - Laws of Bangladeshbdlaws.minlaw.gov.bd/pdf/21___Schedule.pdfA. Ad valorem fees Number Proper fees (Taka) 1 2 3 ... Code of Civil Procedure, 1908, or the State

1908 and not otherwiseprovided for by this Act.

Page 17: Ad valorem fees - Laws of Bangladeshbdlaws.minlaw.gov.bd/pdf/21___Schedule.pdfA. Ad valorem fees Number Proper fees (Taka) 1 2 3 ... Code of Civil Procedure, 1908, or the State

1 2 37. Undertaking under section 49

of the Divorce Act,1869.10.00

8. Wakalatnama When presented for the conduct ofany one case-

(a) to any Civil or Criminal Courtother than the High CourtDivision, or to any RevenueCourt, or to any Collector orMagistrate, or other ExecutiveOfficer, except such as arementioned in clauses (b) and (c)of this number,

30.00

(b) to a Commissioner, a Collector ofCustoms and Excise or to anyofficer charged with the executiveadministration of a Division notbeing the Chief Revenue ofExecutive Authority,

200.00

(c) (i) to the High Court Division, (ii) to the Chief Revenue or

Executive Authority.

30.00

200.00

9. Memorandum of appeal whenthe appeal is not from a decreeor an order having the force ofa decree and is presented.

(a) (i) to any Revenue Court orExecutive Officer other thanthe High Court Division orthe Chief Revenue orExecutive Authority,

(ii) to any Civil Court other thanthe High Court Division,

(b) to the Chief Revenue or ExecutiveAuthority,

(c) to the High Court Division.

100.00

20.00

50.00

100.00

10. Caveat 300.0011. Petition in a suit under the

Native Converts MarriageDissolution Act,1866.

50.00

12. Plaint or memorandum of appeal in each of the following suits - (i) to alter or set aside a summary decision or order of any of the

Civil Courts or of any Revenue Court.300.00

(ii) to alter or cancel any entry in a register of the names ofproprietors of revenue paying estates.

1000.00

(iii) to obtain a declaratory decree where no consequential relief isprayed.

300.00

(iv) to set aside an award. 1000.00(v) to set aside an adoption. 1000.00(vi) for partition and separate possessions of a share of joint family

property or of joint property, or to inforce a right to a share in anyproperty on the ground that it is joint family property or jointproperty if the plaintiff is in possession of the property of whichhe claims to be a co-partner or co-owner.

300.00

(vii) to obtain a decree for dissolution of marriage or restitution ofconjugal rights.

200.00

Page 18: Ad valorem fees - Laws of Bangladeshbdlaws.minlaw.gov.bd/pdf/21___Schedule.pdfA. Ad valorem fees Number Proper fees (Taka) 1 2 3 ... Code of Civil Procedure, 1908, or the State

(viii) every other suit where it is not possible to estimate at a moneyvalue the subject matter in dispute and which is not other wiseprovided for by this Act.

300.00

Page 19: Ad valorem fees - Laws of Bangladeshbdlaws.minlaw.gov.bd/pdf/21___Schedule.pdfA. Ad valorem fees Number Proper fees (Taka) 1 2 3 ... Code of Civil Procedure, 1908, or the State

1 2 3

13. Every application or petitionunder any section of theArbitration Act,2001 (Act No.1 of 2001).

1000.00

14. Agreement in writing statinga question for the opinion ofthe Court under the Code ofCivil Procedure, 1908.

1000.00

15.Every petition under theDivorce Act,1869 exceptpetitions under section 44 ofthe same Act, and everymemorandum of appeal undersection 55 of the same Act.

100.00

16.Plaint or memorandum ofappeal under the ParsiMarriage and Divorce Act,1936.

60.00.]