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CHAPTER XXIX


COPIES AND COPYING FEES


559. The following are the rules under which copies of papers may be granted under section 41 of the Bombay Civil Courts Act, (Act XIV of 1869) :-


(1) A party to any proceeding may, on application on the prescribed Court fee, made to the Court having the custody of the record, obtain a certified copy of any judgment, order, deposition, memorandum of evidence, or any document filed in the said proceeding. The application may be made by the party himself or by his recognised agent 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 private use 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 of the application. Whenever such application is made by registered post, the same shall be prepaid for acknowledgment and the date of posting of the letter would the date of presentation of the application to the Court.


(2) Applications for copies by persons other than parties to the proceeding shall 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 with a 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 is available for copying.


(4) The office shall estimate the costs of the copies before the copying work is undertaken. The estimate should, as far as possible, cover all probable costs of the copies.

(5) The applicant shall be called upon to deposit the estimated costs of the copies applied for, and make up other deficiencies then and there only, if his presence is available in the office. In other cases, the orders of the Presiding Judge shall be obtained requiring 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 copy shall be filed and the amount due to him, if any , should be refunded after deducting money order charge therefrom.

(6) When the description of the document given in the application is incorrect or deficient, and it is, in consequence, necessary for the Record Keeper to search his records in order to find it, a fee at the rate of one rupee for each year of which the records are searched, shall be payable by the applicant for such search, whether the document be found or not, and whether the copy for which he applies, on examination of the said document, 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 the orders of the Judge in cases falling under sub-paragraphs (2), (10) and (11) of this paragraph and in all other cases may himself pass orders granting or refusing the application.

In case the Judge or the Clerk of the Court refuses to grant the application the grounds of refusal shall be recorded on the application and such refusal and the grounds thereof shall be communicated to the applicant in writing.


(8) Copies shall be furnished within 10 days of the presentation or receipt of the application, if the application is complete on that date, unless further delay is unavoidable in which case the cause shall be endorsed on the copy. In other cases, the period of 10 days shall be computed from the date on which the application is completed in all respects.


(9) When a party applies for a copy of an appellate judgment for the purposes of filing a further appeal or revision he shall be furnished with a copy not only of the judgment but also of the grounds of appeal and of the cross objections, if any, unless these are incorporated in the judgment itself.


(10) A certified copy of a party only of any document on record, whether exhibited 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, a certified copy of only the last paragraph of the judgment, viz., the entire operative order shall be furnished, indicating in the title, the names and addresses of all the parties to the suit, as provided in Sub-rule (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 discretion of 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 a party may in the discretion of the presiding Judge of the Court, be certified as true copies upon an application made in that behalf :


Provided that the copies sought to be certified are typed neatly and on good paper, 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 prescribed for certified copies prepared in the office.


(12) The following endorsement shall be made on every copy of the document :


(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 in letters in distinct handwriting and the endorsement should be signed by some authorised officer of the Court on the date on which it was made.


(13) Inclusive of a surcharge of 55 per cent the certified copies shall be charged at the following rates :


(i) A flat rate of Re. 1 and 50 paise for ordinary copy and Rs. 2 and 50 paise for urgent copy shall be charged per page or per manuscript page of the certified copy inclusive for copying, comparing and paper cost (irrespective of the fact whether the document is in English or in regional language).


(ii) In case of a copy of map or plan, the charges for copying, comparing and paper cost shall not be less than Rs. 5 and more than Rs. 25 as the Presiding Officer may determine.

(iii) Certified ordinary copy prepared on Photocopying machines shall be charged at the rate of Re. 1 and 50 paise per page.


(iv) Urgent certified copies prepared on Photocopying Machine shall be charged at the rate of Rs. 2 and 50 paise per page.


(v) Charges for certified copies prepared on Photocopying Machine shall be at the same rates as specified above, whether the document be in English or in any regional language.


(vi) In case of comparison and certification of private copies prepared on private 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 on application for certified copies for issue of ordinary and urgent copies respectively.”


13-A-(i) Certified copy prepared on Xerox Machine shall be charged at the rate of R.1and 50 Paise per page.

(ii) Urgent copy shall be charged one and half times the rate for an ordinary copy prepared on a Xerox machine.

(iii) Charges for vernacular certified copies prepared on a Xerox machine shall be at 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 as prescribed in sub-paragraph (13) above copies shall be furnished, if possible, within 24 hours, and in any case within 48 hours, provided that the document of which the copy is sought is in existence and available amongst the records of the Court to which the application is made. In the case of applications for copies of decrees, if the decree is not signed by the Judge till the date of the application, the period of 24 hours or 48 hours shall 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 and Holiday on which the Court is closed shall be excluded.


(C) Every Application for urgent certified copies should be registered in the 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 of each one of such urgent or express delivery applications and assign to each of them serial number of priority. The serial number of priority of each of such applications should be entered in column No. 4 of the Register. Thereafter, the applications should be disposed of 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 of receipt

Number of the application in the copying Register

Serial Number of the priority fixed

To whom sent for supplying record

1

2

3

4

5










Date on which sent

Date on which record received

Date on which copy was made ready

Date on which copy delivered

Reasons for delay, in any.

6

7

8

9

10










(15) Where different persons apply for certified copies of the same order judgment or document in Civil Matters, the first person should be supplied the Original copy at the full rate and the other persons carbon copies which should be legible, dividing the charges equally among them. But if one person applies for more than one copy, he shall 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 not when the copies are filed in Courts. Under articles 24, 25 and 27 of Schedule II of the Bombay Court-fee Act XXXVI of 1959, fees are leviable in respect of copies of the documents specified therein except in cases where Government has, by a notification under section 46 of the aforesaid Act exempted any document or class of documents from payment of Court fees. Under clause (7) of Government Notification, Revenue Dapartment, No. 590, dated 16th September 1921, Court fees are remitted in case copies are required for private use by persons, applying for them.


Before the aforesaid copies of documents are furnished to the parties concerned, a statement should be obtained from them as to whether the copies are required for private use or otherwise, and if the parties state that the copies are required for private use then in accordance with the exemption granted by Government, no Court fee should be levied on such copies. In case the aforesaid copies are produced later on in any court, then Court fee a required under foregoing provisions should be levied before they are received.


The copies on which Court fees are not chargeable under the Bombay Court fees Act, 1959, should not be certified to be true copies unless stamp duty under article 26 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 on which Court fees are chargeable but which has been remitted by a Notification under section 46 of the Bombay Court fees Act.


(17) No fee is to be charged for comparing copies under Order VII, rules 14 and 17, and Order XIII, rule 5 of the Civil Procedure Code.


(18) In case the estimated deposit falls short of the charges which would have to be recovered in respect of the copies, the balance shall be recovered from the parties or lawyer concerned before the copies are delivered personally to them. In case the applicant applies for such copies by post or where the copies are required to be sent through the agency of the post, such balance may be recovered by sending copies by value payable post.


Note : A value payable parcel can only be sent for transmission to Post Office which is also 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 of the charges due from him or to accept the V.P.P. The Court shall recover the amount by attachment and sale of the movable property of the applicant.


(20) In every case where an applicant for certified copies pays a deposit he should 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 with good ink, on stout paper, and on the outer three quarter margin only if sheets of foolscap paper, 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, the party producing the map or plan may be called upon to furnish additional copies of the blue prints which may be certified.


(22) All copies shall be dated, subscribed and sealed in the manner prescribed by section 76 of the Indian Evidence Act.


The Clerk of the Court is the officer appointed in every Civil Court to certify and deliver copies of all civil records within the meaning of section 76 of the Indian Evidence Act.

Translation


(23) Translations should be prepared by an Officer of the Court qualified for the 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 may modify the rate for sufficient reasons.


(2) If such translations are made by a person who is not a member of the establishment of the court or by a member of the establishment of the court outside office hours the fees recovered in respect of such translations shall be paid to him. No fees shall be payable to a member of the establishment of the court, if the translations are made by him 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 added to 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, where notes 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 or their Advocates, subject to the following conditions, viz :


(i) they give an intimation in writing to the Court in that behalf before recording 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 party applies

When more parties than one apply to be shared equally by all

When only one party applies

When more parties than one apply to be shared equally by all

10 Paise per folio of 100 words

15 Paise per folio of 100 words

15 Paise per folio of 100 words

20 Paise per folio of 100 words



(2) Notwithstanding anything contained in sub-paragraph (1) no charges as prescribed in condition (iii) of that sub-paragraph shall be payable by -


(a) the Government of Maharashtra or a servant of the Government of Maharashtra whose defence has been undertaken by the Government of Maharashtra.


(b) persons who have been given legal assistance at the cost of the Government 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 Aid Committee or the District Legal Aid and Advice Committee giving free legal aid to indigent persons.


(3) The charges so collected shall be appropriated by the stenographer or the typist 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 judgment to be supplied under order XX Rule 68 of the Code of Civil Procedure, 1908, after it is signed by the Presiding Officer.




Supplementary rules and form regarding copying and translation fees

for the guidance of all District and subordinate and Small Causes Courts.


561. (1) Applications for copies with deposits should be received by the Record Keeper, but if the record from which the copy is required is in the Court and not in the Record Room the application will be passed on by him to the Sheristedar or other officer appointed by the Judge, after he has entered it in the Register of Applications and has entered 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 Record Keeper should make an estimate as to when the copy is likely to be ready and give the applicant the date on which he should appear for receiving the copy. A note of this should be made on the application and the applicant should sign the application in token of having received the intimation. If the copies are not ready on the date fixed the applicant should be informed by post or otherwise of the new date on which he can take delivery of the copies. If the application is received by post, intimation of the date may be given by post.


(3) Each application should be initialled and endorsed by the Record keeper with the date of presentation and the amount of deposit. It should then be entered in the Register of applications for copies (Form at page 202) which should be kept in the Record Keeper's Office. Applications for copies should be filed separately in consecutive series after they are disposed of.


(4) The Deposit Fee and Refund of Fee should at once be entered in the Record Keeper's Daily Book, which should be kept in the following form :


Daily Fee Book



Receipts

Expenditure

Month and Date

Serial No. in the Register of applications for copies


Amount

Serial No. in the Register of application for copies in which refund is paid

Amount refunded

1

2

3

4

5



(5) Deficit amount, if any, when received subsequently, after issuing the necessary receipts, the application for copies should be endorsed with necessary note to that 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 endorsed applications and applications on which refunds were made and the balance of the amount together with the Daily Fee Book to the Nazir and handover the balance of amount to him and take Nazir's signature on the Daily Fee Book. The Nazir should compare the endorsements on the applications and acknowledgments of refund with the entries in the Daily Fee Book before signing it.



(7) The Nazir should keep a Deposit Fee Account containing the following columns :


(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 Book should be credited daily on the receipt side of the Nazir's Cash Book I, and all sums sent to the Treasury debited in the same book on the debit side. In the same manner all sums withdrawn from the treasury should be credited in the Cash Book I and payments debited in that book. The remittances to the treasury should pass through Register (C) of deposits and withdrawal through Register (D). The payments into the treasury should be supported by the Treasury Officer's acknowledgment in the Court's Book and refunds to applicants by their acknowledgments in column 16 of the Register of Applications for Copies.


(9) The Deposit Fee Account should be closed by Nazir monthly, the total of the receipts in the Fee Book being entered in column (b) of the account which with the Fee Book, the Pass Book and the Abstract for payment should be placed before the judge for 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 be performed 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 of application

Date of application

Name of applicant

No. and year of case from which the copy or translation is required

Amount of estimated fees deposited and date of deposit

Amount of deficit, if any, and date of receipt

1

2

3

4

5

6




Amount recovered by VPP., and date of recovery

Name of copyist or translator

Date of completion of copy or translation

Date given for taking copy

Date of delivery of copy or translation or dispatch by VPP

Amount due for copying fee

7

8

9

10

11

12









Amount due for comparing fee

Amount due for translation fee

Amount of Paper Cost

Amount due for postage in case of fees recoverable by VPP

Amount, if any, refunded

Signature of applicant for receipt of copies and refund if any, or No. and date of Money Order and VPP

13

14

15

16

17

18









Amount paid to translators.

Signature of translators

Amount credited to Government

No. and date of Treasury receipt

Remarks

19

20

21

22

23