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1The Court-fees Act, 1870

( ACT NO. VII OF 1870 )

অধ্যায় এর নাম V

OF THE MODE OF LEVYING FEES

Collection of Fees by stamps or through electronically or digitally, etc.
2[25. (1) All Fees referred to in section 3 or chargeable under this Act, shall be collected either by receipts or stamps or through electronically or digitally or, in case of scarcity of stamps or non- availability of electronic or digital means, in cash:
 
Provided that fees chargeable for serving and executing processes issued by a Certificate-officer in the proceedings in execution of certificates filed for recovery of land revenue or rent may be collected in cash or through electronically or digitally.
 
(2) The Government may, for the purpose of sub-section (1), appoint any Scheduled Bank, mobile operator, mobile phone based financial service (MFS), authority or agent, as it deems fit, to receive such fees.
 
(3) When a Scheduled Bank, mobile operator, mobile phone based financial service (MFS), authority or agent receives fees through electronically or digitally, it shall grant a receipt or e-receipt accordingly.]
Stamps to be impressed or adhesive
26. The stamps used to denote any fees chargeable under this Act shall be impressed or adhesive or partly impressed and partly adhesive, as the Government may, by notification in the official Gazette from time to time direct.
Rules for supply, number, renewal and keeping accounts of stamps
27. The Government may, from time to time, make rules for regulating
 
 
(a) the supply of stamps to be used under this Act,
 
 
(b) the number of stamps to be used for denoting any fee chargeable under this Act,
 
 
(c) the renewal of damaged or spoiled stamps, 3[***]
 
 
(d) the keeping accounts of all stamps used under this Act4[,
 
(e) the collection of fees through electronically or digitally, and
 
(f) the mode of refund of fees under section 37:]
 
 
 
Provided that, in the case of stamps, used under section 3 in the High Court Division, such rules shall be made with the concurrence of the Chief Justice of 5[the Supreme Court].
 
 
All such rules shall be published in the official Gazette and shall thereupon have the force of law.
Stamping documents inadvertently received
28. No document for which fee is payable under this Act shall be of any validity, unless and until it is properly stamped or supported by proper receipt. But, if any such document is through mistake or inadvertence received, filed or used in any court or office without being properly stamped or supported by proper receipt, the presiding judge or the Head of the office, as the case may be, or, in the case of the High Court Division, any Judge of such court, may, if he thinks fit, order that such document be stamped or supported by receipt as he may direct; and, on such document being stamped or supported by receipt accordingly the same and every proceeding relating thereto shall be as valid as if it had been properly stamped or supported by receipt in the first instance.
Amended document
29. Where any such document is amended in order merely to correct mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose fresh stamp or receipt.
Cancellation of stamp
30. No document requiring a fee under this Act shall be filed or acted upon in any proceeding in any court or office until the stamp or the receipt has been cancelled.
 
 
Such Officer as the court or the head of the office may from time to time appoint shall, on receiving any such document, forthwith effect such cancellation by punching out 6[Shapla] so as to leave the amount designated on the stamp untouched, and the part removed by punching shall be burnt or otherwise destroyed.The receipt filed along with any document shall be cancelled with the word "Cancelled" thereon under the signature of an officer in whose office it is filed:
 
 
Provided that if any document bearing a Court-fee stamp of a design current in 7[Pakistan immediately before the twenty sixth day of March, 1971], and still current in Bangladesh is presented to the proper officer, he shall forthwith effect the cancellation by punching out the figure-head so as to leave the amount designated untouched.

  • 1
    Throughout this Act, except otherwise provided, the words "the High Court Division", “Government” and “Taka” were substituted for the words "High Court" or "a High Court" or "any of the High Court", “Provincial Government” or “appropriate Government” and “rupees” or “Rs.” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 2
    Section 25 was substituted by section 2 of the Court Fees (Amendment) Act, 2016 (Act No. XIV of 2016).
  • 3
    The word “and” was omitted by section 3(a) of the Court Fees (Amendment) Act, 2016 (Act No. XIV of 2016).
  • 4
    The comma (,) was substituted for the colon (:) and clause (e) and (f) were inserted by section 3(b) of the Court Fees (Amendment) Act, 2016 (Act No. XIV of 2016).
  • 5
    The words “the Supreme Court” were substituted, for the words “such Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 6
    The word “Shapla” was replaced, for the words "the crescent and star" by the Bangladesh National Anthem, Flag and Emblem Order, 1972 (President’s Order No. 130 of 1972).
  • 7
    The words “Pakistan immediately before the twenty sixth day of March, 1971” were substituted, for the words “British India immediately before the fifteenth day of August, 1947” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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