The Kerala government plans to revise court fees for the first time in 20 years, as announced by Finance Minister KN Balagopal. Changes will follow a committee’s recommendations, aiming to boost revenue by Rs 150 crores, tackle inflation, and improve judicial infrastructure. New fees include various categories, with provisions for women and transgender individuals.
Kerala: The Kerala government is set to revise court fees for the first time in 20 years, Finance Minister KN Balagopal announced during his budget speech on Friday. The proposed changes are based on the recommendations of a five-member committee, headed by retired Kerala High Court judge Justice VK Mohanan.
Balagopal stated that the revision aims to address inflation, improve judicial infrastructure, and enhance Advocate Welfare Funds. The government expects Rs 150 crores in additional revenue from the revised court fees.
The Kerala Court Fees and Suits Valuation Act, 1959, will be amended accordingly.
The new court fee structure includes:
- Petitions for possession of secured assets under SARFAESI Act – Rs 1,000
- Bail and anticipatory bail applications before High Court – Rs 500
- Bail application before Sessions Court – Rs 200; Anticipatory bail – Rs 250
- Bail applications before other courts – Rs 50 per petitioner, max Rs 250
- Application or petition before any court/magistrate (not otherwise covered) – Rs 30 in District/Sub Court, Rs 20 in other courts
- Suits for declaratory decree (Section 25) – Rs 500
- Suits for injunction (Section 27) – Rs 2,500
- Suits related to trust property – 1/5th market value or min Rs 5,000
- Suits for possession (Specific Relief Act, 1877, Section 29) – 1/3rd market value or Rs 10,000, whichever is higher
- Suits for possession of immovable property (Section 30) – Market value or Rs 20,000, whichever is higher
- Suits relating to easements (Section 31) – Amount sought or Rs 5,000, whichever is higher
- Partition Suits (Section 37) – Rs 500 before Munsiff Court; Rs 2,000 before Sub/District Court
- Suits for cancellation of decrees (Section 40) – Based on property market value
- Suits under Survey and Boundaries Act (Section 45) – Max Rs 5,000
- Suits for public matters (Section 47) – Rs 500 before Munsiff Court; Rs 1,000 before Sub/District Court
- Suits not otherwise covered (Section 50) – Revenue Court Rs 125, Munsiff Court Rs 250, Sub/District Court Rs 1,000 (for values under Rs 25K), Rs 2,000 (for values over Rs 25K)
Special Provisions and Exemptions
- Income limit for eligible categories under Section 74 – Raised to Rs 3 lakh, with claim amount capped at Rs 10 lakh
- Legal Benefit Fund (Section 76) levy –
- 0.5% of award amount for Arbitration and Conciliation Act cases
- Rs 100 per petition for original petitions before Kerala High Court
- Habeas Corpus and PIL cases before Kerala High Court – Exempt from court fees
- Election petitions:
- Village Panchayat member – Rs 250
- President/Vice President of Village Panchayat – Rs 500
- Municipal Councillor/Corporation member – Rs 1,500
- Mayor, Deputy Mayor, Chairman, Vice Chairman – Rs 3,000
- MLA/MP election petitions – Rs 1,250
Changes in Fees for Other Legal Proceedings
- Execution of foreign awards:
- Up to Rs 1 lakh – 1% of claim
- Rs 1-10 lakh – 1% of first Rs 1 lakh, 0.75% of remaining
- Rs 10 lakh – Rs 1 crore – 0.50%
- Above Rs 1 crore – 0.25% (Max Rs 50,000)
- Enhanced fees on additional land acquisition awards
- Fixed court fees in Schedule II – Increase by five times (except items 20 & 21)
The Bar Council of Kerala and the Kerala High Court Advocates’ Association have opposed the hike. Petitions challenging earlier fee hikes in family courts and Negotiable Instruments Act cases are still pending before the High Court.
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The committee also suggested reducing court fees for women and transgender persons, and recommended revisions in fees under the Kerala Cooperative Societies Act, Rent Control Rules, Consumer Protection Act, and Local Self-Government Institutions Rules.
The Kerala government may consider additional recommendations before finalizing the changes and amending the Act. The decision is expected to have a significant impact on the judicial system and legal expenses in the state.
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