Bare ActsKerala Court Fees and Suits Valuation Act, 1959

Section 74

Special provision regarding suits by registered trade union, member of Scheduled Castes, etc..--

Amendment status not verified — confirm the current text below against the official source.

(1) Notwithstanding anything contained in the foregoing provisions of this Act, the Court shall, subject to the provisions of sub-section (2), admit the plaint in respect of the following kinds of suit even though the fee chargeable under this Act has not been paid and after such admission calculate the amount of Court-fee chargeable in respect of the plaint under the provisions of this Act, and, require the Collector of the District to pay the fee so chargeable-- (i) suits for money instituted by a registered trade union wherein the claim does not exceed one thousand rupees; [(ii) suits instituted by a member of a Scheduled Caste or a Scheduled Tribe whose annual income does not exceed [rupees three lakh] and the amount of the claim does not exceed [rupees ten lakh].] Explanation.-- For the purpose of this clause Scheduled Caste and Scheduled Tribe shall have the same meaning as in the Constitution of India. (iii) suits for money instituted by a prisoner whose [annual income] does not exceed [twelve thousand rupees] and wherein the claim does not exceed [fifteen thousand] rupees; (iv) suits for money filed by a co-operative society registered under the Co-operative Societies Act for the time being in force against any person other than a member of the Society. (v) suits for recovery of compensation under the Workmen's Compensation Act, 1923 and for wages or bonus by workmen under the Industrial Disputes Act, 1947; and (vi) suits for arrears of maintenance or for maintenanace or for enhancement of maitenance or for recovery of shares of their deceased husbands or parents in the family property, filed by women or minors, where the [annual income] of such women or minors does not exceed [twelve thousand rupees]; [x x x x] [(vii) suits by workmen against their employers in matters arising from their employment; (viii) suits for recovery of compensation arising out of accidents, filed by the injured where the claim does not exceed rupees fifty thousand and filed by the legal heirs of the deceased in such accidents where the claim does not exceed rupees one lakh; (ix) suits by associations or societies registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 (Act XII) of 1955) or the Societies Registration Act, 1860 (Central Act 21 of 1860), with one of their objects as protection of public interest in the matter of environment, consumer protection, adulteration of food stuffs, or other similar matter against the offenders, where the subject-matter of the suit relates to any of the above matters and the Court finds that there is prima facie case of public interest; (x) suits filed by 'Poor persons' as defined in the Rules relating to legal aid to the poor applicable in the State from time to time, when the claim does not exceed rupees fifteen thousand; (xi) suit by any person serving in the Armed Forces, where the claim does not exceed rupees fifteen thousand; (xii) suits by ex-servicemen whose annual income does not exceed rupees twelve thousand and the claim does not exceed rupees fifteen thousand; (xiii) suits by unemployed handicapped persons whose annual income does not exceed rupees twelve thousand and the claim does not exceed rupees fifteen thousand:] Provided that the plaintiff in the suit has not entered into any agreement with reference to the subject-matter of the proposed suit under which any other person has obtained an interest in such subject-matter or has not acquired by transfer inter vivos an interest in such subject-matter and in cases covered by clauses (ii), (iii) and (iv) of sub-section (1) above, the claim originates in favour of the plaintiff. (2) Every plaint presented to the Court under sub-section (1) shall be accompanied by such documents and records containing such particulars as may be prescribed to enable the Court to come to a finding whether the plaintiff in the suit is entitled to the concession under sub-section (1) or not. The Court may for this purpose hold such inquiry as it deems fit. If upon such enquiry the Court finds that the allegations do not show a cause of action or that the suit appears to be barred by any law or that the plaintiff is not entitled to the concession under sub-section (1) it shall require the plaintiff to pay the fee chargeable in respect of the plaint under the provisions of this Act, and on such payment the plaint shall be deemed to have been duly stamped at the time of presentation. (3) On receipt of a requisition from the Court under sub-section (1) for payment of Court-fee, the Collector shall pay the required fee within the time specified by the Court. (4) Where in respect of a suit filed under sub-section (1), if the plaintiff succeeds in the suit or where the suit is dismissed wholly or in part on the ground that the claim or portion of it made in the suit is false or vexatious and the Court records a finding to the effect that it is so, the fee chargeable in respect of the plaint in the suit under the provisions of this Act, shall be recoverable by the Government from the party ordered by the decree to pay the same and shall be a first charge on the subject-matter of the suit. (5) The Government shall have the right at any time to apply to the Court to make an order for the payment of Court-fees under sub-section (4). (6) All matters arising between the Government and any party to the suit under this section shall be deemed to be questions arising between the parties to the suit within the meaning of Section 47 of the Civil Procedure Code. (7) Where an order is made under this section the Court shall forthwith cause a copy of the decree or order to be forwarded to the Collector of the District who may without prejudice to any other mode of recovery, recover the amount of Court-fees specified therein from the person or property liable for the payment as if it were an arrear of land revenue. Substituted by Act 6 of 1991, published in K.G.Ext. No. 109 dt. 24/01/1991 (w.e.f. 05/12/1990). Substituted by Act 6 of 1991, published in K.G.Ext. No. 109 dt. 24/01/1991, for "monthly income", "one hundred rupees" and "one thousand rupees" (w.e.f. 05/12/1990). Substituted by Act 6 of 1991, for "monthly income" and "one hundred rupees" (w.e.f. 05/12/1990). Omitted by Act 6 of 1991, published in K.G.Ext. No. 109 dt. 24/01/1991 (w.e.f. 05/12/1990). Inserted by Act 6 of 1991, published in K.G.Ext. No. 109 dt. 24/01/1991 (w.e.f. 05/12/1990). Substituted by Act 3 of 2025, Published in K. G. Ext. No. 1269 dt. 29/03/2025 (w.e.f. 01/04/2025). Prior to the Substitution it read as: "rupees twelve thousand" Substituted by Act 3 of 2025, Published in K. G. Ext. No. 1269 dt. 29/03/2025 (w.e.f. 01/04/2025). Prior to the Substitution it read as: "rupees fifteen thousand"

Section 74 – Kerala Court Fees and Suits Valuation Act, 1959 | DailyLaw.ai