Court Fees Amendment Bill

REGD. No. D. L.-33002/99 GOVERNMENT OF INDIA Delhi Gazette SG-DL-E-06012026-269139 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 08] DELHI, TUESDAY, JANUARY 6, 2026/PAUSHA 16, 1947 [N. C. T. D. No. 403 PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI Delhi, 6th January, 2026 117 DG/2026 DELHI LEGISTATIVE ASSEMBLE SECRETARIAT NOTIFICATION Delhi, the 6th January, 2026 No. F. 21/6/Court Fees (D.A)/2026/LAS-VIII/Legn./16084.—The following is published for general Information:- THE COURT FEES (DELHI AMENDMENT) BILL, 2026 BILL No. 01 OF 2026 (As introduced in the Legislative Assembly of the National Capital Territory of Delhi on 6th January, 2026) BILL No. 01 OF 2026 THE COURT FEES (DELHI AMENDMENT) BILL, 2026 A BILL further to amend the Court Fees Act 1870 (07 of 1870), in its application to the National Territory of Delhi. BE it enacted by Legislative Assembly of Delhi Parliament in the Seventy-sixth year of the Republic of India as follows:- 1. Short title and commencement.- (1) This Act may be called the Court Fees (Delhi Amendment) Act 2026. (2) It shall come into force from the date of its publication in the Delhi Gazette. 2. Substitution of section 16.- The section 16 of the Court Fees Act 1870 (07 of 1870), in its application to National Territory of Delhi, shall be amended as under;- "Section 16 - Refund of Fee:- Where the parties to a suit or appeal, at any stage of such suit or appeal, settle their dispute amicably, with or without the intervention of the Court and with or without invoking any of the modes of settlement of dispute, referred to in section 89 of the Code of Civil Procedure, 1908 (5 of 1908) and the said suit including Counter-claim, if any, or appeal is disposed of as settled/compromised by the court, the plaintiff/Counter- claimant shall be entitled to a certificate from the Court authorizing him to receive back from the collector/competent officer, the full amount of fee, paid in respect of such plaint/counter claim." 3. Omission of section 16A.- Section 16A inserted vide the Court Fees (Delhi Amendment) Act 2010 notified in Delhi Gazette-Extra Ordinary, vide Notification No F.14(22)/LA-2008/WAW/17. Dated the 11th February, 2010, shall be omitted. PRAVESH SAHIB SINGH, Minister (Legislative Affairs) STATEMENT OF OBJECTS AND REASONS The Court Fees Act, 1870 (7 of 1870) is a Central Act as in force in the National Capital Territory of Delhi. Section 16A of the Act is creating an arbitrary distinction between persons who seeks refund of court fees under Section 16 and Section 16A of the Court Fees Act, 2010, and therefore is ultra vires to the Constitution of India. Accordingly, it is proposed to amend the section 16 and omit section 16A inserted vide the Court Fees (Delhi Amendment) Act, 2010. The Bill seeks to achieve the above objects. PRAVESH SAHIB SINGH, Minister (Legislative Affairs) MEMORANDUM REGARDING DELEGATED LEGISLATION The Court Fees (Delhi Amendment) Act, 2026 does not seek to confer power on any functionary to make subordinate legislation. PRAVESH SAHIB SINGH, Minister (Legislative Affairs) FINANCIAL MEMORANDUM For the implementation of the proposals to consider amendment of section 16 of the Court Fees Act, 1870 (07 of 1870) there will be an average annual expenditure of Rupees: 16479035. This amount has been calculated after the submission of details of last 3 financial years by Hon'ble High Court wherein total sum paid qua refund of court fees on settlement in terms of section 16 A of Court Fees Act, 1870 is provided. PRAVESH SAHIB SINGH, Minister (Legislative Affairs) RANJEET SINGH, Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.