Bare ActsKerala Court Fees and Suits Valuation Act, 1959

Section 76

Legal Benefit Fund.--

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

32A[(1) Notwithstanding anything contained in this Act or any other law for the time being in force and subject to Section 4A of the Act and sub-rule (1) of Rule 397 of the Kerala Motor Vehicle Rules, 1989 it shall be competent for the Government to levy an additional Court fee by notification in the Gazette, in respect of original petitions, original applications, appeals or revisions to Tribunals, appellate authorities and original suits in Civil Courts other than in Family Court at a rate not exceeding one percent of the amount involved in the dispute 32E[,on petitions under section 34 of the Arbitration and Conciliation Act, 1996 (Central Act 26 of 1996) at the rate of 0.5% of the award amount and on original petitions filed before the High Court and petition filed under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Central Act 54 of 2002) at the rate of rupees one hundred per petition] and in other cases at a rate not exceeding one hundred rupees for each original suit, original petition, original application, appeal or revision. 32B[Provided that in the case of appeals under the Kerala State Goods and Services Tax Act, 2017 (20 of 2017) 32D[, the Kerala General Sales Tax Act, 1963 (15 of 1963), the Kerala Tax on Luxuries Act, 1976 (32 of 1976) and the Kerala Value Added Tax Act, 2003 (30 of 2004)] the maximum limit of additional Court fee leviable shall not exceed rupees twenty thousand.] Explanation.-- The term "amount involved in the dispute" as specified in sub-section (1), where it is capable of valuation, does not include the amount of valuation for the purpose of court fee, in suits for recovery of possession, partition and suits of similar nature and where fixed court fee is specified under this Act.] (2) There shall be constituted a Legal Benefit Fund to which shall be credited-- (i) the proceeds of the additional Court-fee levied and collected under sub-section (1); (ii) fifty per cent of the Court-fees levied and collected on mukhtarnama or vakalatnama under 32F[article 12 of schedule II] of this Act. 32C[(3) Notwithstanding anything contained in any other law for the time being in force, an amount equal to seventy percent of the Legal Benefit Fund collected under sub-section (2) shall be set apart every year towards the Fund constituted under Section 3 of the Kerala Advocates' Welfare Fund Act, 1980 and an amount equal to thirty percent of the Legal Benefit Fund collected shall be set apart towards the Fund constituted under Section 3 of the Kerala Advocates' Clerks Welfare Fund Act, 2003: Provided that the amount so set apart shall be transferred to such Funds after retaining an amount equal to ten percent each from the amount set apart to the Funds specified in sub-section (3) for providing infrastructure to the litigants.] (4) The mode and manner in which legal service to the people may be made more efficient and social security measures for legal profession may be provided, shall be as prescribed by rules made by Government. Substituted by the Kerala Finance Act, 2016 (Act 18 of 2016). Inserted by the Kerala Finance Act, 2021 (Act 8 of 2021) w.e.f. 10/06/2021 Substituted by the Kerala Court-Fees and Suits Valuation (Amendment) Act, 2016 (20 of 2016). Inserted by Kerala Finance Act, 2023 (17 of 2023) published in K. G. Ext. No. 1170 dt. 28/03/2023 (w.e.f. 01/04/2023). Inserted by Act 3 of 2025, Published in K. G. Ext. No. 1269 dt. 29/03/2025 (w.e.f. 01/04/2025). 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: "Article 16 of Schedule II"

Section 76 – Kerala Court Fees and Suits Valuation Act, 1959 | DailyLaw.ai