Vol. IV 1 Ch.
5-A
CHAPTER 5
PROCESSES FEES
PART A—REMARKS AND DIRECTIONS
1. A table of the fees chargeable on processes should be Table of fees to be
exhibited in each
exhibited in each Court in some conspicuous place. Court house.
2. The Court-Fees Act, section 20, clause (ii), restricts Fee on criminal
the levy of a fee on criminal processes to non-cognizable processes.
cases. The fee for such processes has been fixed at a
uniform rate of twelve annas.
3. Every criminal summons for the service of which a Agency for service
of criminal proce-
fee is levied under the rules framed by the High Court under sses on which fee
section 20 of the Court-fees Act (VII of 1870) shall be served is levied.
by the process-serving establishment of the court issuing
the summons.
4. Courts are reminded that, under section 546-A of the Recovery of
process fee from
Code of Criminal Procedure, in cases of conviction of an accused as a fine
accused of the offence of wrongful confinement, wrongful in certain cases.
restraint, or of any non-cognizable offence, the court may by
its order direct that the accused should pay to the
complainant any sum that he may have expended in issue of
processes; and such sum may be recovered in the manner
provided for recovery of fines.
5. With regard to the service of processes issued by
Revenue Courts and Revenue Officers, the Financial
commissioners, Punjab, have in exercise of the powers
conferred by clause (c) of sub-section (1) of section 155 of
the Punjab Land Revenue Act, 1887, made the following
rules :-
Rules
(1) Notwithstanding the separation of the Revenue from
the Civil Courts, Revenue Courts and Revenue
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Officers shall send the processes issued by them, for
which process fee is charged, to the civil process
serving agency for service and execution.
(2) The control over income derived from process fees in
all Revenue Courts and Revenue Offices and the
expenditure on establishment, etc., from this source,
shall be retained by the High Court. The
Commissioners and the subordinate Revenue Courts
and Officers shall maintain the registers and
accounts prescribed by the Rules and Orders of the
High Court and submit the annual returns in the
prescribed form.
(3) The Revenue Courts and Officers of the Punjab are,
for the purpose of levying process fees, divided into
three grades as shown in the annexed table :-
Grade Revenue Courts
First .. Financial Commissioners
Second .. Commissioners
Third .. Collectors and Assistant Collectors
The process fee shall be levied in accordance with the
rules framed by the High Court under section 20(i), (ii) of the
Court Fees Act, 1870, as contained in Chapter 5-B of the
High Court Rules and Orders, Volume IV.
(Financial Commissioners’ Office, Punjab, notification No. 54-
R, dated the 15th January, 1946)
Diary of process
fees. Receipts for 6. No process shall be prepared or issued until the
process fees. Pre- proper fee for the service thereof has been paid, but as soon
paration and issue
of processes.
as the process fee (talbana) is paid by a litigant, his agent or
his pleader, a receipt in the form given below shall be
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granted by the ahlmad or other official receiving the same,
and thereafter the court fee label denoting the fee shall be
affixed to the diary of process fees and immediately
punched. The process shall then be prepared but it will be
left to the party who applied for the process to issue it or not
as he thinks fit. This will obviate the necessity for making
any refund of the value of court fee filed on account of
processes which are not eventually issued.
7. On every process issued from any Court the following Particulars to be
noted on processes
particulars shall be recorded, namely :- (1) the name of the issued.
process-server deputed to serve or execute the same; (2) the
period within which the process-server is required to certify
service or execution; (3) the amount of fee paid and the date
of payment; and (4) the date of return after service or
execution.
Such endorsements shall be signed by the Civil Nazir or
Naib-Nazir, or Bailiff.
8. An account of Court fee stamps realised as process Accounts of process
fee of processes issued (civil and criminal), of the number of fees and costs of
establishment to be
process-servers employed, of the cost of establishment and maintained.
of contingencies shall be kept for each court where a
separate establishment is entertained.
9. A statement giving information on the above points Review of process-
serving establish-
should be submitted with the annual civil reports. ment in civil report.
10. With the record of each Civil case, and of each Diary of process
Criminal case in which process fees are levied, should be fees.
kept a separate sheet of paper to be termed the ‘Diary of
process fee’ which should be devoted to the sole purpose of
maintaining a record of process fees. This diary should be in
the prescribed form, and should form a portion of part B. In
it entries should be made in chronological order of every
process ordered to be issued in the case, and the stamps
should be affixed opposite each entry and cancelled
immediately upon being affixed.
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Process fee in 11. In cases of substituted service under Order 5, Rule
case of substi-
tuted service. 20, Civil Procedure Code, one process fee shall be charged to
cover all the acts done under that rule. In case of drum
beating or publications in a News paper the charges for the
same shall be paid in addition to the process fees.
No process fee for 12. Where a process-server makes several visits before
several attempts
to serve the same
the date of hearing in order to serve the same process, no
process. additional process fee shall be charged for those extra visits.
[1]
13. Deleted.
[1]
14. Deleted.
No fee to be 15. Attention is drawn to the Court Fees (Punjab
charged for serving
and executing
Amendment) Act, 1939, Punjab Act IV of 1939, which lays
processes on down that no fees shall be charged for serving and executing
behalf of prosecu- processes on behalf of the prosecution in any criminal
tion in certain
criminal procee- proceedings taken on information presented or complaint
dings. made by a public officer acting in his official capacity.
The State Government may by notification determine
what persons shall be deemed to be public officers for this
purpose.
NOTE.—The Government has declared all Police officers to be public
officers for this purposes.
[1] Deleted vide Correction Slip No. 129/113 Rules/II.D.4 dated
14.11.2003
