Chapter VIII MISCELLANEOUS

All fees chargeable under this Act shall be collected in stamps.

The stamps used to denote any fee chargeable under this Act shall be impressed or adhesive or partly impressed and partly adhesive, as the State Government may, by notification in the Andhra Pradesh Gazette, from time to time, direct.

(1) No document requiring a stamp under this Act shall be filed or acted upon in any proceeding in any Court or office until the stamp has been cancelled. (2) The officer appointed from time to time by the Court or the head of the office shall, on receiving any such document effect forthwith such cancellation by punching out the figurehead so as to leave the amount designated on the stamp untouched, and the part removed by punching shall be destroyed.

Where allowance is made in this Act for damaged or spoiled stamps, or where fee already paid is directed to be refunded to any person by an order of Court, the Collector may, on the application of the person concerned, pay to him the amount of fee or where damaged or spoiled stamps are produced, he may, after satisfying himself about their genuineness, give in lieu thereof the same amount or value in stamps of the same or any other description, or if the applicant so desires, the same amount or value in money provided that in all cases where money is paid in cash, a deduction shall be made of six naye paise for each rupee or fraction thereof. No such deduction shall, however, be made where refund is claimed in respect of any fee paid in pursuance of an order of Court which has been varied or reversed in appeal.

Any person appointed to sell stamps, who disobeys any rule made under this Act, and any person not so appointed, who sells or offers for sale any stamps, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Where any document which ought to bear a stamp under this Act is amended merely for correcting a mistake and making it conform to the original intention of the parties, it shall not be necessary to impose a fresh stamp.

(1) The High Court may make rules to provide for or regulate all or any of the following matters, namely:-(a) the fees chargeable for serving and executing processes issued by the High Court in its appellate jurisdiction and by the Civil and Criminal Courts subordinate thereto; (b) the remuneration of persons employed by the Courts mentioned in clause (a) in the service or execution of processes; (c) the fixing by District and Sessions Judges and District Magistrate of the number of process servers necessary to be employed for the service and execution of processes issued from their respective Courts and the Courts subordinate thereto; (d) the display in each Court of a table in English and in the local language or languages showing the fees payable for the service and execution of processes. (2) All rules made under sub-section (1) shall be subject to confirmation by the State Government with or without modification and on such confirmation they shall be published in the Andhra Pradesh Gazette and shall thereupon have effect as if enacted in this Act.

(1) The Board of Revenue may, with the previous sanction of the State Government, make rules consistent with this Act to provide for or regulate all or any of the following matters, namely:-(a) the fees chargeable for serving and executing processes issued by the Board of Revenue and by the Revenue Courts; (b) the remuneration of persons employed for the service and execution of such processes; (c) the fixing by Collectors of the number of persons necessary to be employed for the service and execution of such processes; (d) the guidance of Collectors in the exercise of their powers under Chapter VI; (e) the supply of stamps to be used under this Act; (f) the number of stamps to be used for denoting any fee chargeable under this Act; (g) the keeping of accounts of all stamps used under this Act; (h) the circumstances in which stamps may be held to be damaged or spoiled; (i) the circumstances in which the manner in which, and the authorities by which, allowance for used, damaged or spoiled stamps may be made; (j) the regulation of the sale of stamps to be used under this Act, the persons by whom alone such stamps may be sold and the duties and remuneration of such persons: Provided that, in the case of stamps used in the High Court, such rules shall be made with the concurrence of the Chief Justice. (2) All rules made under this section shall be published in the Andhra Pradesh Gazette and on such publication, shall have effect as if enacted in this Act.

(1) The State Government may, by notification in the Andhra Pradesh Gazette, make rules to carry out generally the purposes of this Act. (2) All notifications and rules made under this section shall, as soon as may be, after they are made, by placed on the table of the Legislative Assembly for fifteen days, and shall be subject to such modification, whether by way of repeal or amendment, as the Legislative Assembly may make during the session in which they are so laid.

Until rules are framed under sections 75, 76 and 77 and until notifications are issued under section 68 , the rules and notifications now in force in respect of matters referred to in those sections, shall, in so far as they are not inconsistent with this Act, continue in force.

(1) The Court-fees Act, 1870 (Central Act 7 of 1870), in its application to the State of Andhra Pradesh and in relation to the fees and stamps other than fees and stamps relating to documents presented or to be presented before an officer serving under the Central Government and the Suits Valuation Act, 1887 (Central Act 7 of 1887), in its application to the State of Andhra Pradesh are hereby repealed. (2) All suits and proceedings instituted before the commencement of this Act and all proceedings by way of appeal, revision or otherwise arising therefrom, whether instituted before or after such commencement, shall, notwithstanding the repeal of the Court-fees Act, 1870 (Central Act 7 of 1870), and Suits Valuation Act, 1887(Central Act 7 of 1887), be governed by the provisions of the said Acts and the rules made thereunder.