Balagopal explained that the proposed fee hikes are aimed at addressing inflationary pressures and responding to calls from various sectors to improve judicial infrastructure and increase the benefits offered by the Advocate Welfare Funds and Advocates Clerks Welfare Funds. The government anticipates that these changes will generate an additional revenue of ₹150 crores.

 

The Kerala government plans to revise court fees based on the recommendations of the committee, with the following proposed fee structure:

• Petitions for possession of secured assets under the SARFAESI Act: ₹1,000
• Bail and anticipatory bail applications under the Bharatiya Nagarik Suraksha Sanhita, 2023 (High Court): ₹500
• Bail application before Sessions Court: ₹200; Anticipatory bail application before Sessions Court: ₹250 (half of fixed court fee for each subsequent petition)
• Bail applications before other courts: ₹50 per petitioner, maximum ₹250
• Applications or petitions presented to any Court or Magistrate in an executive capacity (Schedule II, Article 11(g)): ₹30 in District Court or Sub Court, ₹20 in other courts
• Suits for declaratory decree or order: ₹500
• Suits for injunction: ₹2,500
• Suits relating to trust property: 1/5th of the market value or minimum ₹5,000, whichever is higher
• Suits for possession under the Specific Relief Act, 1877: 1/3rd market value or ₹10,000, whichever is higher
• Suits for possession of immovable property (not otherwise provided): market value or ₹20,000, whichever is higher
• Suits relating to easements: amount for which relief is sought or ₹5,000, whichever is higher
• Suits for accounts: amount sued or ₹5,000, whichever is higher
• Partition Suits: ₹500 in Munsiff Court; ₹2,000 in Sub Court or District Court
• Suits for cancellation of decrees: based on market value of property
• Suits under the Survey and Boundaries Act: max ₹5,000, subject to existing provisions
• Suits to alter or cancel an entry in a register: ₹75, subject to existing provisions
• Suits relating to public matters: ₹500 in Munsiff Court; ₹1,000 in Sub Court or District Court
• Suits not otherwise provided: ₹125 in Revenue Court; ₹250 in Munsiff Court; ₹1,000 in Sub Court or District Court (if value of subject matter is ₹25K or less) and ₹2,000 (if value exceeds ₹25K)
• Income limit for eligible categories under Section 74: ₹3 lakh, with a maximum claim of ₹10 lakhs
• Legal Benefit Fund (Section 76): 0.5% of the award amount for petitions under section 34 of the Arbitration and Conciliation Act; ₹100 per petition for Kerala High Court and SARFAESI Act petitions
• Ad valorem fees in Schedule I: Court fees limited to 1% for compensation claims related to death caused by criminal acts, grievous hurt, defamation, or malicious prosecution
• Arbitration fees in Schedule II: ₹1,000 for arbitration requests before Kerala High Court; 1% of the award amount under Article 11(m); ₹500, ₹2,000, ₹5,000 for Article 4(2)
• Execution of foreign awards:
  • For awards up to ₹1 lakh: 1% of the claim
  • For awards between ₹1 lakh - ₹10 lakh: 1% of the first ₹1 lakh, 0.75% of the remaining amount
  • For amounts up to ₹1 crore: 0.50%; exceeding ₹1 crore: 0.25%, subject to a maximum of ₹50,000
• Fees on enhanced award amounts in land acquisition references: appropriate provisions to be made
• Court fees for Habeas Corpus and Public Interest Litigations before Kerala High Court: exempted
• Election petition fees:
  • Village Panchayath: ₹250 (member), ₹500 (President/Vice President)
  • Block Panchayath: ₹1,000 (member), ₹2,000 (President/Vice President)
  • District Panchayath: ₹1,500 (member), ₹2,500 (President/Vice President)
  • Municipal Council/Corporation: ₹1,500 (member), ₹3,000 (Mayor/Deputy Mayor/Chairman/Vice-Chairman)
  • MLA/MP: ₹1,250
• Inquiry or commission (Article 19): 5%
• Fees under the Telegraph Act, Electricity Act, and Petroleum and Minerals Pipelines Act: 2% on additional compensation
• Application under Order XXI Rule 58, Rule 97 of CPC: ₹500 (Munsiff Court), ₹1,000 (Sub Court or District Court); Appeal or Revision: ₹1,000
• Fixed court fees in Schedule II (except items 20 and 21): fivefold increase.

In his budget speech, the finance minister highlighted that, aside from the previously mentioned changes, the Committee proposed revising fees for cases under several legislations, including the Kerala Cooperative Societies Act, 1969, the Kerala Building (Lease and Rent Control) Rules, the Administrative Tribunal Act, 1985, the Consumer Protection Act, 2019, and the Kerala Local Self Government Institutions Rules, 1999. Additionally, the Committee recommended introducing relaxations in court fees for women and transgender individuals.

The Government is expected to review these recommendations and take appropriate actions.