Section 20 of Court Fees Act 1870 - Rules as to Cost of Processes
Section 20 of the Court-fees Act, 1870 empowers the High Court to make rules governing specified fees and remuneration connected with the service and execution of court processes. It also prescribes how those rules acquire legal force.
Text and scope of Section 20
The High Court shall, as soon as may be, make rules as to the following matters:
- the fees chargeable for serving and executing processes issued by the High Court in its appellate jurisdiction and by other Civil and Revenue Courts established within the local limits of that jurisdiction;
- the fees chargeable for serving and executing processes issued by Criminal Courts established within those limits in cases involving offences other than offences for which police officers may arrest without a warrant; and
- the remuneration of peons and other persons employed, with the leave of a Court, in the service or execution of processes.
The High Court may alter or add to the rules from time to time.
Rules, alterations and additions must be confirmed by the State Government and published in the Official Gazette. Upon publication, they have the force of law. Until such rules are made and published, the process fees already leviable continue to be levied and are treated as fees leviable under the Act.
What is a court process?
For the purpose of this provision, a "process" refers generally to a formal process issued by a court that requires service or execution, such as a summons, notice, warrant or another court-issued process, depending on the nature of the proceeding and the applicable procedural law and rules.
What Section 20 authorises the High Court to regulate
1. Process fees in Civil and Revenue Courts
The provision authorises rules prescribing the fees payable for service and execution of processes issued in the High Court's appellate jurisdiction and by Civil and Revenue Courts within its territorial jurisdiction.
2. Process fees in specified Criminal Court matters
Section 20 also covers fees for service and execution of processes issued by Criminal Courts within the relevant limits in the class of cases described in the section.
3. Remuneration for persons serving or executing process
The rules may regulate remuneration payable to peons and other persons who, with permission of the Court, are employed for service or execution of court processes.
Confirmation and publication of the rules
The High Court's rules, and later alterations or additions, do not operate merely because they have been framed. Section 20 requires confirmation by the State Government and publication in the Official Gazette. After publication, the rules have the force of law.
Continuity of existing process fees
Section 20 avoids a regulatory gap. Until rules are duly made and published, the process fees already leviable continue to be charged and are deemed to be fees leviable under the Court-fees Act, 1870.
Historical amendment noted in the Central Act
The present Central text records that the former words requiring sanction by the Governor General of India in Council were omitted by the Devolution Act, 1920 (Act 38 of 1920), section 2 and the First Schedule.
Practical legal position
Section 20 is an enabling and procedural provision. It does not itself prescribe a single nationwide amount for every process fee. The applicable amount must be checked against the rules and notifications governing the relevant court and jurisdiction. Court-fee legislation is also subject to State amendments and adaptations, so local law should be verified for a particular State or Union Territory.
Official legal source
India Code - The Court-fees Act, 1870: The official Central Act text may be consulted for Section 20 and the statutory footnotes.