Short titie and commencement

1. (1) This Act may be called the Arunachal Pradesh Court Fees

Act, 2023.

1. (2) Itshall extend to whole of the State of Arunachal Pradesh, except Customary Courls.
2. (3) It shall come into force on such date as the State Government may by notification in the Official Gazette appoint.

2 Definition : Unless the context otherwise requires,-

1. (a) “Act" means the Arunachal Pradesh Court Fees Act, 2023 ;
2. (b) "Annexure” means Annexure appended to the Act ;

() "Collector” means Deputy Commissioner of the District ;

1. (d) “Fees” means fees payable to the High Court and Subordinate Courts of Arunachal Pradesh;

1. (8) “"Government” means Government of Arunachal Pradesh ; (f) “High Court” means High Court having jurisdiction over the State of Arunachal Pradesh ;
   • (g) “Prescribed® means prescribed by rules made under this Act ;
   • (h) “Schedule® means Schedules appended to the Act ;
     • (i) “State” means State of Arunachal Pradesh ; The Arunachal Pradesh Extraordinary Gazette, September 29, CHAPTER - Il FEES IN THE HIGH COURTS AND IN THE SUBORDINATE COURTS Levy of fees in High Court on their original sides : The fees payable for the time being to the clerks and officers of the High Courts shall be as provided in the First Schedule and the Second Schedule appended to this Act. Fees on documents flied, etc., in High Court, in its extraordinary jurisdiction.—No document of any of the kinds specified in the First or Second Schedule annexed to this Act as chargeable fees, shall be filed, exhibited or recorded in, or shali be received or furnished by, the High Court in any case coming before such Court in the exercise of its extraordinary original civil jurisdiction or in the exercise of its extraordinary original criminal jurisdiction or in the exercise of its jurisdiction as regards appeals from the judgments (other than judgments passed in the exercise of the ordinary original civit jurisdiction of the Court) of one or more Judges of the said Court, or of a Division Court or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence or in the exercise of its jurisdiction as a Court of reference or revision unless in respect of such document there be pald a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document. Procedure in case of difference as to necessity or amount of fee : (1) When any difference arises between the officer whose duty is to see that any fee is paid under this Chapter and any itigator or advocate, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in the High Court, be referred to the taxing-officer, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the Chief Justice of the High Court, or of such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf. (2) When any such difference arises in any of the Subordinate Courts, the question shall be referred to the Clerk of the Court, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the

final decision of the Judge of Subordinate Court. .

(3) The Chief Justice shall deciare who shall be taxing-officer within the meaning of sub-section

1. (1) of this section.

Fees on documents filed, etc., in Subordinate Courts or in public offices : Except in the Court hereinbefore mentioned, no document of any of the kinds specified as chargeable in the First or Second Schedule annexed to this Act shall be filed, exhibited or recorded In any Court of Justice, or shall be received or furnished by any public officer, uniess in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document. Computation of fees payable in certain suits : The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:— for money : (/) In suits for money (including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically}—according to the amount claimed. for maintenance and annuities : (i) In suits for maintenance and annuities or other sums payable periodically—according to the value of the subject-matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year: for other movable property having a market-value : (iii) In suits for movable property other than money, where the subject-matter has a market-value—according to such value at the date of presenting the plaint;

1. (iv) Insuits— for movable property of no market-value : (a) for movable property where the subject- matter has no market-value, as, for instance, in the case of documents relating to title,

land, and

The Arunachal Pradesh Extraordinary Gazette, September 29, 2023 3 for accounts : (f) for accounts—

1. (b) where the land forms an entire estate, or a definite share of an estate, paying annual

1. (d) where the land forms part of an estate paying revenue to Government, but is not a

assessed with revenue for houses and gardens : (e) Where the subject-matter is a house or garden according to the market-value of the house or garden:

1. (a) of a contract of sale—according to the amount of the consideration :
2. (b) of a contract of martgage—according to the amount agreed to be secured;
3. (c) of a contract of lease—according io the aggregate amount of the fine or premium (if any) and

of the rent agreed to be paid during the first year of the term :

1. (d) of an award—according to the amount or value of the property in dispute :

between landlord and tenant : (x) In the following suits between landiord and tenant:—

1. (a) for the delivery by a tenant of the counterpart of a lease,

1. (d) for the recovery of immovable property from a tenant, including a tenant holding over after the determination of a tenancy,
2. (e) to contest a notice of ejectment, () 1o recover the occupancy of immavable property from which a tenant has been illegally ejected by the fandlord, and (g) for abatement of rent—according to the amount of the rent of the immovable property to which the suit refers, payable for the year next before the date of presenting the plaint. The Arunachal Pradesh Extraordinary Gazette, September 29, 2023 10. 1. 13, 14. Inquiry as to valuation of suits : If the Court is of opinion that the subject matter of any suit has been wrongly valued, it may revise the valuation and determine the correct valuation, and may hold such inquiry as it thinks fit for such purpose.

Investigation to ascertain proper valuation :

(1) For the purpose of an inquiry under section 8, the Court may depute or issue a commission to any suitable person to make such local or other investigation as may be necessary and to report therean to the Court. Such report and any findings recorded by such person shall be evidence in the inquiry.

1. (2) The Court may, from time to time, direct such party to the suit as it thinks fit to deposit such

1. (a) Enforcing the attendance of any person and examining him on oath or affirmation;

(b} Compelling the production of documents or material objects, and

1. (c) Issuing commission for the examination of witnesses.

1. (2) An inquiry or investigation referred to in sub-section (1) shall be deemed to be as

1. (1) K inthe result of an inquiry under section 8 the Court finds that the subject matter of the suit

has been under-valued, the Court may order the party responsible for the under-valuation to

pay all or any part of the costs of the inquiry.

1. (2) Ifin the result of such inquiry, the Court finds that the subject matter of the suit has not been

appellant.

been rightly estimated.

1. (if) Insuch case-
2. (a) the suit shall be stayed and untilf additional fee is paid and if additional fee is not paid

within such time as the Court may fix, the suit shall be dismissed; and

1. (b) when the additional fee is paid, the Court may, if it is of the opinion that the estimation

the Government, and the order so made shall have the force and effect of a decree passed by the Court.

The Arunachal Pradesh Extraordinary Gazette, September 29, 2023 5 15. 16, 17. 18. 19. 21,

1. (2) Where the amount of mesne profits is left to be ascertained in the course of the-execution of

1. (2) However, whenever any such suit comes before a Court of appeal, reference or revision, if

presented a petition on which a fee has been levied under this Act, is reduced to writing under the provisions of the Code of Criminal Procedure, the complainant shall pay a fee of fifty rupees,

unless the Court thinks fit to remit such payment.

The Arunachal Pradesh Extraordinary Gazette, September 29, 22, 23. 24, Exemption of certain documents : Nothing contained in this Act shall render the following documents chargeable with any fee:— (i) Power-of-attorney to institute or defend a suit when executed by a member of any of the Armed Farces of the Union not in civil employment. (i) Written statements called for by the Court after the first hearing of a suit. (i) Plaints in suits or any proceedings before village authority under the provisions Arunachal Pradesh Civil Courts Act, and the Assam Frontier (Administration of Justice) Regulation, 1945. (iv) Probate of a will, letters of administration, where the amount or value of the property in respect of which the probate or letters or certificate shall be granted does not exceed two thousand rupees. (v) Application or petition to a Colfector or other officer making a settlement of land revenue, or 1o a Board of Revenue, or a Commissioner of Revenue, relating to matters connected with the assessment of land or the ascertainment of rights thereto or interests therein, if presented previous to the final confirmation of such settiement. (vi) Application relating to a supply for irrigation of water belonging to Government. (vii) Application for leave to extend cultivation, or to relinquish land, when presented to an officer of land-revenue by a person holding, under direct engagement with Government, land of which the revenue is settled, but not permanently. (viii) Application for service of notice of relinquishment of land or of enhancement of rent. (ix) Written authority to an agent to distrain. (x} First application {other than a petition containing a criminal charge or information) for the summons of a witness or other person to attend either to give evidence or to produce a document or in respect of the production or filing of an exhibit not being an affidavit made for the immediate purpose of being produced in Court. (i) Bail-bonds in criminal cases, recognizances to prosecute o give evidence, and recognizances for personal appearance or otherwise. (xii) Petition by a prisoner, or other person in duress or under restraint of any Court or its officers. (xiify Complaint of a public servant as defined in the Indian Penal Code 1860. (xiv) Application for the payment of money due by Government to the applicant. (xv) Petition of appeal against the assessment of municipal tax. (xvi) Applications for compensation under any law for the time being in force relating to the acquisition of property for public purposes. (xvii} Petition relating to marriage solemnized as per local traditional customary laws of the State or registration of marriage as per Arunachal Pradesh Recording of Marriage Act, 2008, as the case may be. CHAPTER-IV PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION Relief where too high a court-fee has been paid : Where any person on applying for the probate of a will or letters of administration has estimated the property of the deceased to be of greater value than the same has afterwards proved to be, and has consequently paid too high a court-fee thereon, if, within six months affer the true vaiue of the property has been ascertained, such person produces the probate or letters to the Principal Controlling Revenue-authority for the local area in which the probate or letters has or have been granted, and delivers to.such Authority a particular inventory and valuation of the property of the deceased, verified by affidavit or affirmation, and if such Autherity is satisfied that a greater fee was paid on the probate or letters than the law required, the said Authority may— (8) cancel the stamp on the probate or letters if such stamp has not been already cancelled; (b) substitute another stamp for denoting the court-fee which should have been thereon; and () make an allowance for the difference between them as in the case of spoiled stamps, or repay the same in money, at his discretion.

The Arunachal Pradesh Extraordinary Gazette, September 29, 25. 26. 27. 29. 30. 31. Provided that when by reason of any legal proceeding, the debts due from the deceased have not been ascertained and paid, or his effects have not been recovered and made available, and In conseguence thereof the executor or administrator is prevented from claiming the return of such difference within the said term of three years, the said Authority may aflow such further time for making the claim as may appear to be reasonable under the circumstances. Relief in case of several grants : Whenever a grant of probate or letters of administration bas been or is made in respect of the whole of the property belonging to an estate, and the full fee chargeable under this Act has been or is paid thereon, no fee shall be chargeable under the same Act when a like grant is made in respect of the whole or any part of the same property belonging to the same estate. Whenever such a grant has been or is made in respect of any property forming part of an estate, the amount of fees then actually paid under this Act shall be deducted when a like grant is made in respect of property belonging to the same estate, identical with or including the property to which the former grant relates. Probates declared valid as to trust property though not covered by court-fee : The probate of the will or the letters of administration of the effects of any person deceased heretofore or hereafter granted shall be deemed valid and available by his executors or administrators for recovering, transferring or assigning, any movable or immovable property whereof or whereto the deceased possessed or was entitled, either wholly or partially as a trustee, notwithstanding the amount or value of such property is not included in the amount or value of the estate in respect of which a court-fee was paid on such probate or letters of administration. Provision for case where too low a court-fee has been paid on probates, etc. : Where any person on applying for probate or letters of administration has estimated the estate of the deceased {o be of less value than the same has afterwards proved to be, and has in consequence paid low a court-fee thereon, the Principal Revenue authority for the local area in which the probate or letters has or have been granted may, on the value of the estate of the deceased being verified by affidavit or affirmation, cause the probate or letters of administration to be duly stamped on payment of the full court-fee which ought to have been originally paid thereon in respect of such value and of the further penalty, if the probate or letters is or are produced within one year from the date of grant, of five times, or, if it or they is or are produced after one year from such date, of twenty times, such proper court-fee, without any deduction of the court-fee originally paid on such probate or letters: Provided that, if the application be made within six months after the ascertainment of the true value of the estate and the discovery that too low a court-fee was at first paid on the probate or letters, and if the said Authority is satisfied that such fee was paid in consequence of a mistake or of its not being known at the time that some particular part of the estate belonged to the deceased, and without any intention of fraud or to delay the payment of the proper court-fee, the said Authority may remit the said penalty, and cause the probate or letters to be duly stamped on payment only of the sum wanting to make up the fee which should have been at first paid thereon. Administrator to give proper security before letters stamped under section : in case of letters of administration on which too low a court-fee has been paid at first, the said Authority shall not cause the same to be duly stamped in manner aforesaid until the administrator has given such security to the Court by which the letters of administration as required by law to have been given in case the full value of the estate of the deceased had been then ascertained. Executors, etc., not paying full court-fee on probates, etc., within six months after discovery of under-payment : Where too low a courtfee has been paid on any probate or letters of administration in consequence of any mistake, or of its not being known at the time that some particular part of the estate betonged to the deceased, if any executor or administrator acting under such probate or letters does not, within six months after the discovery of the mistake or of any effects not known at the time to have belonged to the deceased, apply to the said Authority and pay what is wanting to make up the court-fee which ought to have been paid at first on such probate or letters, he shall forfeit the sum of one thousand rupees and also a further sum at the rate of ten per cent on the amount of the sum wanting to make up the proper court-fee. Probate and letters of administration inoperative in immovable property : Notwithstanding anything contained in this Act or any other Laws for the time being in force no probate or letters of administration hereto for or hereafter granted by any court outside the limits of the State of Arunachal Pradesh shall confer upon the grantee who is not a native of Arunachal Pradesh any title to immovable property in Arunachal Pradesh. Notice of applications for probate or letters of administration to be given to Revenue authorities, and procedure thereon : (1) Where an application for probate or letters of administration is made to any Court other than a High Court, the Court shall cause notice of the application to be given to the Collector. (2) Where such an application as aforesaid is made to a High Court, the High Court shall cause notice of the application to be given to the Principal Controlling Revenue-authority for the local area.

The Arunachal Pradesh Extraordinary Gazette, September 29, 32. 33. 35. (3) The Colilector within the iocal fimits of whose revenue-jurisdiction the property of the deceased or any part thereof is, may at any time inspect or cause to be inspected, and take or cause to be taken copies of, the record of any case in which application for probate or letters of administration has been made; and if, on such inspection or otherwise, he is of opinion that the petitioner has under-estimated the value of the property of the deceased, the Coliector may, if he thinks fit, require the attendance of the petitioner (either in person or by agent) and take evidence and inquire into the matter in such manner as he may think fit, and, if he is still of opinion that the value of the property has been under-estimated, may require the petitioner to amend the valuation. (4) If the pelitioner does not amend the valuation to the satisfaction of the Collector, the Collector may move the Court before which the application for probate or letters of administration was made, to hold an inquiry into the true value of the property: Provided that no such motion shail be made after the expiration of six months from the date of the exhibition of the inventory required the Indian Succession Act, 1925. (5) The Court, when so moved as aforesaid, shall hold, or cause to be held, an inquiry accordingly, and shall record a finding as to the true value, as near as may be, at which the property of the deceased should have been estimated. The Collector shall be deemed to be a party to the inquiry. 6) For the purposes of any such inquiry, the Court or person authorised by the Court to hold the inquiry may examine the petitioner for probate or letters of administration on oath (whether in person or by commission), and may take such further evidence as may be produced to prove the true value of the property. The person authorised as aforesaid to hold the inquiry shall return to the Court the evidence taken by him and report the resuit of the inquiry, and such report and the evidence so taken shall be evidence in the proceeding, and the Court may record a finding in accordance with the report, unless it is satisfied that it is erroneous. (7) The finding of the Court recorded under sub-section (5) shall be final, but shall not bar the entertainment and disposal by the Principal Controlling Revenue-authority of any application under section 27. (8) The State Government may make rules for the guidance of Collectors in the exercise of the powers conferred by sub-section (3). Payment of court-fees in respect of probates and letters of administration : (1) No order entitling the petitioner to the grant of probate or letters of administration shall be made upon an application for such grant untii the petitioner has filed in the Court a valuation of the property in the form set forth in the Third Schedule, and the Court is satisfied that the fee mentioned in item of the First Scheduie has been paid on such valuation. (2) The grant of probate or letters of administration shall not be delayed by reason of any motion made by the Collector under section 31, sub-section (4). Recovery of penalties, etc. : (1) Any excess fee found to be payable on any inquiry held under section sub-section (6), and any penalty or forfeiture under section 29, may, on the certificate of the Principal Revenue-authority, be recovered from the executor or administrator as if it were an arrear of land-revenue by any Coliector. (2) The Principal Revenue-authority may remit the whole or any part of any such penalty or forfeiture as aforesaid, or any part of any penalty under section or of any court-fee under section in excess of the full court-fee which ought to have been paid. Sections and not to apply to probates or letters of administration : Nothing in section or section shall apply to probates or letters of administration. CHAPTER -V PROCESS-FEES Rules as to cost of processes : (1) The High Court shal, make rules as to the following matters:i— () The fees chargeable for serving and executing processes issued by such court in its appellate jurisdiction, and by the other Civil and Revenue Courts established within the locat limits of such jurisdiction;

1. (i) The fges chargeable for serving and executing processes issued by the Criminal Courts

1. (if) The High Court, in consultation with the State Government, may from time to time alter and add to the rules so made. The Arunachal Pradesh Extraordinary Gazette, September 29, 2023 9 36. 37. 38. 41.

1. (2) Confirmation and publication of rules : All such rules, alterations and additions shall, after

1. (3) Until such rules shall be so made and published, the fees leviable for the time being in force

1. (a) the supply of stamps to be used under this Act;
2. (b) the manner of electronic transfer of payment of court fee and its refund thereof;
3. (c) the number of stamps to be used for denoting any fee chargeable under this Act;
4. (d) - the renewal of damaged or spoiled stamps; and

1. (2) Al such rules shall be published in the Official Gazette, and shall thereupon have the force of law.

fresh stamp.

MISCELLANEOUS

failure of justice, nothing contained in section or section shali be deemed to prohibit such filing or exhibition. Sale of stamps : (1) The State Government may from time to time make rules for regulating the sale of stamps to be used under this Act, the persons by whom alone such saie is to be conducted, and the duties and remuneration of such persons. (2) Al such rules shall be published in the Official Gazette, and shall thereupon have the force of law.

The Arunachal Pradesh Extraordinary Gazette, September 29, 45. 46. 47. (3) Any person appointed to sell stamps who violates or act in contravention to any provisions of this Act or rules made under this section, and any person not so appointed who sells or offers to seli any stamp, shali be punished with imprisonment for a term which may extend to three years, or with fine which may extend to one lakh rupees, or, with both. (4) . Any person who is not authorized to sell stamps and if found to be doing so, shall be punished with imprisonment for a period or a term which may extend to two years or with fine which may extend to one lakh rupees or with both. Power to reduce or remit fees or amend the Schedule : The State Government may, from time fo time by notification in the Official Gazette, reduce or remit or amend, any of the fees mentioned in the First and Second Schedules and Annexures annexed to this Act, and may in like manner cancel or vary such order. Power to make Rules ; The State Government shail make Rules for all or any of the provisions to carry out the purposes of this Act. The Rules so made shall be laid in the House of the State Legislative Assembly when it is in Session comprised of not less than days which may consist in one session or such successive sessions. Power to remove difficulty : If any difficutty arises in giving effect to the provisions of this Act, the State Government may by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty.