The Arunachal Pradesh Court Fees Act, 2023

The Arunachal Pradesh Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. 233, Vol. XXX, Naharlagun, Friday, September 29, 2023, Asvina 7, 1945 (Saka) GOVERNMENT OF ARUNACHAL PRADESH LAW, LEGISLATIVE AND JUSTICE DEPARTMENT CIVIL SECRETARIAT ITANAGAR NOTIFICATION The 29th September, 2023 No.Law/Legn-8/2023. ——The following Act of the Arunachal Pradesh Legislative Assembly which was passed in the Twelfth Session of the Seventh Legislative Assembly and received the assent of the Governor of Arunachal Pradesh is hereby published for general information. {Recelved the assent of the Governor on 27th September, 2023} THE ARUNACHAL PRADESH COURT FEES ACT, 2023 (ACT NO. 6 OF 2023) AN Act to consolidate laws relating to Court Fees and matters connected therewith or incidental thereto; BE it enacted by the Legislative Assembly of Arunachal Pradesh in the Seventy-fourth Year of the Repubiic of India as follows,- CHAPTER - PRELIMINARY 1. Short titie and commencement : (1) This Act may be called the Arunachal Pradesh Court Fees Act, 2023. (2) Itshall extend to whole of the State of Arunachal Pradesh, except Customary Courls. (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,- (a) “Act" means the Arunachal Pradesh Court Fees Act, 2023 ; (b) "Annexure” means Annexure appended to the Act ; () "Collector” means Deputy Commissioner of the District ; (d) “Fees” means fees payable to the High Court and Subordinate Courts of Arunachal Pradesh; (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, 2023 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) of this section. CHAPTER - i FEES IN OTHER COURTS AND IN PUBLIC OFFICES 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; (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, to enforce a right to share in joint family property : (b) to enforce the right to share in any property on the ground that it is joint family property, for a declaratory decree and consequential relief : (c) to obtain a declaratory decree or order, where consequential relief is prayed, for an Injunction : (0) to obtain an Injunction, for easements : (e) for a right to some benefit (not herein otherwise provided for) to arise out of land, and The Arunachal Pradesh Extraordinary Gazette, September 29, 2023 3 for accounts : (f) for accounts— according to the amount at which the relief sought is valued in the plaint or memorandum of appeal : In ali such suits the piaintiff shall state the amount at which the values the relief sought for possession of land, houses and gardens in notified township : (v) In suits for the possession of land, houses and gardens—according to the value of the subject-matter; and such value shall be deemed to be— where the subject-matter is land, and— {a) where the land forms an entire estate, or a definite share of an estate, paying annual revenue to Government, or forms part of such an estate and is recorded in the Collector's register as separately assessed with such revenue, and such revenue Is permanently settled— ten times the revenue so payable: (b) where the land forms an entire estate, or a definite share of an estate, paying annual revenue to Government, or forms part of such estate and is recorded as aforesaid and such revenus is settled, but not permanently— five times the revenue so payable: (¢) where the land pays no such revenue, or has been partially exempted from such payment, or is charged with any fixed payment in lieu of such revenue, and net profits have arisen from the land during the year next before the date of presenting the plaint— fifteen times of such net profits: but where no such net profits have arisen therefrom—— the amount at which the Court shall estimate the land with reference to the value of similar land in the neighbourhood : (d) where the land forms part of an estate paying revenue to Government, but is not a definite share of such estate and is not separately assessed as above mentioned—the market-value of the land: Explanation.—The word -estate, as used in this paragraph, means any land subject to the payment of revenue, for which the proprietor or a farmer or shall have executed a separate engagement to Government, or which, In the absence of such engagement, shall have been separately 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: to enforce a right of pre-emption : (i) In suits fo enforce a right of pre-emption according to the value (computed in accordance with paragraph (v) of this section) of the land, house or garden in respect of which the right is claimed: to set aside an attachment : (vii) In suits to set aside an attachment of land or of an interest in fand or revenue—according to the amount for which the land or interest was attached: Provided that, where such amount exceeds the value of the land or interest, the amount of fee shall be computed as if the suit were for the possession of such land or interest. to redeem.—(viii) In suits against a morigagee for the recovery of the property mortgaged, to foreclose.—and in suits by a mortgagee to foreclose the mortgage, or, where the mortgage is made by conditional sale, to have the sale declared absolute—according to the principal money expressed to be secured by the instrument of mortgage . for specific performance : (ix) in suits for specific performance— (a) of a contract of sale—according to the amount of the consideration : (b) of a contract of martgage—according to the amount agreed to be secured; (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 : (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:— (a) for the delivery by a tenant of the counterpart of a lease, {b) to enhance the rent of a tenant having a right of occupancy, {c) for the delivery by a landlord of a lease, (d) for the recovery of immovable property from a tenant, including a tenant holding over after the determination of a tenancy, (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. 12 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. (2) The Court may, from time to time, direct such party to the suit as it thinks fit to deposit such sum as the Court thinks reasonable as the cost of the inquiry, and if the costs are not deposited within such time as the Court may fix, notwithstanding anything contained in any other law for the time being in force, dismiss the suit if such part is the plaintiff or the appeliant and in any other case, may recover the costs as a public demand. Power of persons making inquiry under sections 8 and 9: {1} The Court, when making an inquiry under sections 8 and @ shall have, respectively for the purpose of such inquiry or investigation, the powers vested in a Court under the Code of Civil Procedure, 1908, in respect of the following matters, namely: (a) Enforcing the attendance of any person and examining him on oath or affirmation; (b} Compelling the production of documents or material objects, and (c) Issuing commission for the examination of witnesses. (2) An inquiry or investigation referred to in sub-section (1) shall be deemed to be as judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (Act 14 of 1860). Costs of inquiry as to valuation made, refund of excess fee : (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. (2) Ifin the result of such inquiry, the Court finds that the subject matter of the suit has not been under-valued, the Court may, in its discretion, order that all or any part of such costs shall be paid by Government or by any party to the suit at whose instance the inquiry has been undertaken, and if any amount exceeding the proper amount of fees has been paid shall refund the excess amount so paid. Fee on memorandum of appeai against order relating to compensation : The amount of fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the acquisition of land for public purposes, shall be computed according to the difference between the amount awarded and the amount claimed by the appellant. Power to ascertain net profits or market-value : If the Court sees reason to think that the annual net profits or the market-value of any such land, house or garden as is mentioned in section 7, paragraphs (v) and (vi), have or has been wrongly estimated, the Court may, for the purpose of computing the fee payable in any suit therein mentioned, issue a commission to any proper person directing him to make such local or other investigation as may be necessary, and to report thereon to the Court. Procedure where net profits or market-value wrongly estimated : (/) If in the result of any such investigation the Court finds that the net profits or market-value have or has been wrongly estimated, the Court, if the estimation has been excessive, may in its discretion refund the excess paid as such fee: but, if the estimation has been insufficient, the Court shall require the plaintiff to pay so much additional fee as would have been payable had the said market -value or net profits been rightly estimated. (if) Insuch case- (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 (b) when the additional fee is paid, the Court may, if it is of the opinion that the estimation has been grossly insufficient, further order that the expenses of commission, or such portion thereof as the Court may think reasonable, be paid by the party in default to 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, Procedure in suits for mesne profits or account when amount decreed exceeds amount claimed : (1) In suits for mesne profits or for immovable property and mesne profits, or for an account, if the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff valued the relief sought, the decree shall not be executed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount so decreed shall have been paid to the proper officer. (2) Where the amount of mesne profits is left to be ascertained in the course of the-execution of the decree, and if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be stayed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits so ascertained is paid. If the additional fee is not paid within such time as the Court may fix, the suit shall be dismissed. Decislon of questions as to valuation : (1) Every question relating to valuation for the purpose of determining the amount of any fee chargeable under this Chapter on a plaint or memorandum of appeal, shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed, and such decision shall be final as between the parties to the suit. (2) However, whenever any such suit comes before a Court of appeal, reference or revision, if such Court considers that the said question has been wrongly decided to the detriment of the revenue, it shall require the party by whom such fee has been paid to pay so much additional fee as would have been payable had the question been rightly decided, and the provisions of section 14, clause (i), shall apply. Refund of fee pald on memorandum of appeal : If an appeal or plaint, which has been rejected by the Subordinate Court on any of the grounds mentioned in the Code of Civil Procedure, is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in order 41 rule 23 of the Code, for a second decision by the Subordinate Court, the Appellate Court shall grant to the appellant a certificate, authorizing him to receive back from the Collector the full . amount of fee paid on the memorandum of appeal: Provided that if, in the case of a remand in appeal, the order of remand shall not cover the whole of the subject-matter of the suit, the certificate so granted shall not authorize the appeliant to receive back more than so much fee as would have been originally payable on the part or parts of such subject-matter in respect whereof the suit has been remanded. Refund of fee on application for review of judgment : Where an application for a review of judgment is presented on ar after the ninetieth day from the date of the decree, the Court, unless the delay was caused by the applicant's laches, may, in its discretion, grant him a certificate authorizing him to receive back from the Collector or by way of electronic transfer in such manner as may be prescribed so much of the fee paid on the application as exceeds the fee which would have been payable had it been presented before such day. Refund where Court reverses or modifies its former decision on ground of mistake : Where an application for a review of judgment is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorising him to receive back from the Collector or by way of electronic transfer in such manner as may be prescribed so much of the fee paid on the application as exceeds the fee payable on any other application to such Court under the Second Schedule to this Act, item No. 1. Provided that, nothing in the former part of this section shall entitle the applicant to such certificate where the reversal or modification is due, wholly or in part, to fresh evidence which might have been produced at the original hearing. Multifarious suits : Where a suit embraces two or more distinct subjects, the plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees to which the plaints or memoranda of appeal in suits embracing separately each of such subjects would be liable under this Act. Provided that, nothing in the former part of this section shall be deemed to affect the power conferred by section 9 of the Code of Civil Procedure. Written examinations of complainants : When the first or only examination of a person who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other than an offence for which police-officers may arrest without a warrant, and whao has not already 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. 6 The Arunachal Pradesh Extraordinary Gazette, September 29, 2023 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, 2021 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. Relief where debts due from a deceased person have been paid out of his estate : Whenever it is proved to the satisfaction of such Authority that an executor or administrator has paid debts due from the deceased to such an amount as, being deducted out of the amount or value of the estate, reduces the same to a sum which, if it had been the whole gross amount or value of the estate, would have occasioned a less court-fee to be paid on the probate or letters of administration granted in respect of such estate than has been actually paid thereon under this Act, such Authority may return the difference, provided the same be dlaimed within three years after the date of such probate or letters. The Arunachal Pradesh Extraordinary Gazette, September 29, 2023 7 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 100 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 27 : 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, 2023 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 10 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 31 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 27 or of any court-fee under section 27 in excess of the full court-fee which ought to have been paid. Sections 6 and 43 not to apply to probates or letters of administration : Nothing in section 6 or section 43 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; (i) The fges chargeable for serving and executing processes issued by the Criminal Courts established within such limits in the case of offences other than offences for which police-officers may arrest without a warrant; and (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. (2) Confirmation and publication of rules : All such rules, alterations and additions shall, after being confirmed by the State Government be published in the Official Gazette, and shall thereupon have the force of law. (3) Until such rules shall be so made and published, the fees leviable for the time being in force for serving and executing processes shall continue to be levied, and shall be deemed to be fees leviable under this Act. Tables of process fees : A table process fees in the English and Vernacular languages, showing the fees chargeable for such service and execution, shail be displayed to be viewed in a conspicuous part of each Court. CHAPTER - VI THE MODE OF LEVYING FEES Collection of fees by stamps : Ali fees referred to in section 3 or chargeable under this Act shall be collected by stamps or electronic transfer of payment to the State Government or in such manner as may be prescribed. Stamps to be impressed or adhesive : The stamps used to denote any fees chargeable under this Act shall be impressed or adhesive, or partly impressed and partly adhesive, as the State Government may, by notification in the Official Gazette, from time to time direct. Rules for supply, number, renewal and keeping accounts of stamps : (1) The State Government may, from time to time, make ruies for regulating— (a) the supply of stamps to be used under this Act; (b) the manner of electronic transfer of payment of court fee and its refund thereof; (c) the number of stamps to be used for denoting any fee chargeable under this Act; (d) - the renewal of damaged or spoiled stamps; and (e} the keeping accounts of all stamps used under this Act: Provided that, in the case of stamps used under section 3 in a High Court, such rules shall be made with the concurrence of the Chief Justice of the High Court. (2) Al such rules shall be published in the Official Gazette, and shall thereupon have the force of law. Stamping documents inadvertently received : No document which ought to bear a stamp under this Act shall be of any validity, unless and until it is properly stamped. Provided that, i any such document is inadvertently received, filed or used in any Court or office without being properly stamped, the presiding Judge or the head of the office, as the case may be, or, in the case of a High Court, any Judge of such Court, may, if he thinks fit, order that such document be stamped as he may direct; and, on such document being stamped accordingly, the same and every proceeding related thereto shall be as valid as if it had been properly stamped in the first instance. Amended document : Where any such document is merely amended in order to correct a mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose a fresh stamp. Cancellation of stamp : 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 canceiled. Such officer as the Court or the head of the office may from time to time appoint shall, on receiving any such document, forthwith effect such cancellation by punching out the figure -head so as to leave the amount designated on the stamp untouched, and the part removed by punching shall be burnt or otherwise destroyed. Provided that, where the court fee is paid by electronic transfer of payment, the officer competent to cancel stamp shall verify the genuineness of the payment and after satisfying himself that the court-fee is paid, shall lock the entry in the computer and make an endorsement under his signature on the document that the court fee is paid and the entry shall be locked. CHAPTER - Vil MISCELLANEOUS Admission in criminal cases of documents for which proper fee has not been paid : Whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee has not been paid is, in the opinion of the presiding Judge, necessary to prevent a failure of justice, nothing contained in section 4 or section 6 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. 10 The Arunachal Pradesh Extraordinary Gazette, September 29, 2023 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 14 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. SCHEDULE - | AD VALORAM FEES Serial No. Particulars Proper Fee 1 2 3 . Plaint, written statement pleading a set-off or counter- When the amount or value of the One rupee claim or memorandum of subject-matter in dispute does appeal (not otherwise provided not exceed one hundred rupees, for in this Act) or, of cross- for every five rupees, or,part objection presented to any Civil thereof of such amount or value; or Revenue Court except those mentioned in section 3 and . When such amount or value Two rupees exceeds one hundred rupees, for every ten rupees or part thereof, in excess of one hundred rupees . upto one hundred and fifty rupees ; and When such amount or values One rupee exceeds one hundred and fifty rupees, for every ten rupees, or part thereof, upto one thousand rupees; and When such amount or value Eight rupees exceeds one thousand rupees, for every one hundred rupees, or part thereof in excess of one thousand rupees, upto seven thousand five hundred rupees; and When such amount or value Seventeen exceeds seven thousand five rupees hundred rupees, for every two hundred and fifty rupees, or part thereof, in excess of seven thousand five hundred rupees, upto thousand rupees; and When such amount or value Twenty five exceeds ten, thousand rupees, rupees for every five hundred rupees, or part theredf, in excess of ten thousand rupees, upto twenty thousand rupess; The Arunachal Pradesh Extraordinary Gazette, September 29, 2023 11 1 2 3 and When such amount or value Thirty three rupees. exceeds twentythousand rupees, for every one thousand rupees, or part thereof in excess of twenty thousand rupees upto fifty thousand rupees; and When such amount or value Forty one. exceeds fifty thousand rupees, for every five thousand rupees, or part thereof in excess of fifty thousand rupees: Provided that the maximum fee leviable on a plaint or memorandum of appeal shall not exceed eleven thousand rupees. 2. Plaint in a suit for possession - A fee of one-half the under the Specific Relief Act, amountprescribed in 1877, section 9. the foregoing scale, rounded off to nearest whole number. 3. Application for review of - The fee leviable judgement, if presented on or on the plaint or after the ninetieth day from the memorandum of date of thedecree. appeal. 4. Application for review of - The fee leviable judgments, if presented before on the plaint or the ninetieth day from the date Memorandurm of of the decree. appeal, rounded off to nearest whole number. 5. Copy or translation of a When such judgment or order is judgment or order not being or passed by any Civit Court other having the force of a decree. than High Court, or by the Presiding Officer of any Revenue Court or officer or by any other Judicial or Executive Authority : (a) if the amount or value of the One rupee subject- matter is fifty or iess than fifty rupees. {b) if such amount or value Two rupees exceeds fifty rupees. (c) when such judgment or order Four rupees is passed by a High Court. 6. Copy of a decree or order When such decree or order is having the force of a decree made by any Civil Court other than a High Court, or by any Revenue Court- (a) if the amount or value of the Two rupees subject matter of the suit wherein such decree or order is made is fifty or less than fifty rupees. (b) If such amount or value Three rupees exceeds fifty rupees. (c) when such decree or order is Eight rupees made by High Courl. 7. Copy of a decree or order When the such decree or order is having the force of a decree made by any Givil Court other than a High Court, or by any other revenue court- (a) If the amount or value of subject Two rupees matter of the suit wherein such decree or order is made is fifty or less than fifty rupees. {b) If such amount or value exceeds Three rupees fifty rupees (c) When such decree or order is Eight rupees made by High Court. 12 The Arunachal Pradesh Exiraordinary Gazette, September 29, 2023 Stamp Act, 1899 (Act No. 2 of 1899), when left by any part to a suit or proceeding in place of the original suit withdrawn exceed on rupee. 1 2 3 8. Copy of document liable to {a) When the stamp duty chargeable The amount of stamp duty under the Indian on the original suit does not the duty chargeable on the original suit. (b) In any other case One rupee 9. Copy of any revenue or Judicial proceeding or other not otherwise provided for by this Act, or copy of any account, statement report or the iike, taken out of any Civil or Criminal or Revenue Court or office or from the office of the Civil Officer charged with the executive administration of division. For every three hundred sixty words or fraction of three hundred and sixty words. One rupee 10. Probate of a will or letters of administration with or without will annexed. When such amount or value exceeds fifty thousand rupees: Three Percentum on such amount or value, rounded off to the nearest whole number. Provided that when, after the grant of a certificate under the Succession Certificate Act, 1889 (7 of 1888), in respect of any property included in an estate, a grant of probate or letters of administration is made in respect of the same estate, the fee payable in respect of the letter grant shall be reduced by the amount of the fee paid in respect of the former grant. When the amount or vaiue of the property in respect of which the grant of probate or letters made exceeds one thousand rupees, on such amount or value upto ten thousand rupees. Two percentum and When such amount or value exceeds ten thousand rupees, on the portion of such amount or value which is in excess of ten thousand rupees, upto fifty thousand rupees Three percentum and When such amount or value exceeds fifty thousand rupees, on the portion of such amount or value of which is in excess of fifty thousand rupees, upto a lakh rupees Four percentum and When such amount or value exceeds a lakh of rupees on the portion of such amount or value of which is excess of a lakh of rupees upto two lakh and fifty thousand rupees. Five percentum and When such amount or value exceeds two lakh and fifty thousand rupees, on the portion of such amount or value which is in excess of two lakh and fifty thousand rupees upto three lakh rupees. Six percentum. and When such amount or value exceeds three lakh of rupees, on the portion of such amount or value which is in excess of three lakh of rupees upto four lakh of rupees. Six percentum. The Arunachal Pradesh Extraordinary Gazette, September 28, 2023 13 1 2 3 and When such amount or vaiue Seven exceeds four lakh of rupees on the percentum. portion of such amount or value which is in excess of four lakh of rupees upto five takh of rupees and When such amount or value Seven exceeds five lakh of rupees, on percentum. such amount or value which is in excess of five lakh of rupees 14. Certificate under the indian When the amount or value of any Three percentum Succession Act, 1925 debt or security specified in the on the next forty certificate under section 374 of the thousand rupees Act exceeds one thousand rupees and When the aggregate amount or value of any debt or securities specified in the certificate has been extended under section 376 of the Act exceeds one thousand rupees. (i) Four percentum on the next fifty thousand rupees. {ii) Five percentum on the next fifty thousand rupees. (iii) Six percentum on the next one lakh rupees. (iv) Seven percentum on the next one lakh rupees; and (v) Seven percentum on the remainder of such amount or value in respect of such portion of the aggregate amount or value as consists of the amount or value of debts or securities so specified, the fees herein before provided in that behalf in this Serial numbers ; and (vi) Three percentum on such portion of the first then thousand rupees. (vii) Five percentum on such portion of the next forty thousand rupees (viii) Six percentum on such portion of the next fifty thousand rupees. (ix) Eight percentum on such portion of the next one lakh and fifty thousand rupees (x) Eight percentum on such portion of the next one lakh rupees. (xi) Nine percentum on such portion of the next one lakh rupees. 14 The Arunachal Pradesh Extraordinary Gazette, September 20, 2023 2 3 (xii) Ten percentum on such portion of next one lakh of rupees; and (xiii} Eleven percentum on such portion of the reminder of such aggregate amount or value as consists of the amount or value of debts or securities has been extended Note: (1)Decimal numbers are to be rounded off o the nearest whole number. (2) If the decimal number is 0.50, then the number shall be rounded off to the next higher whole number. (3) The amount of debt is its amount including interest on the day on which the inclusion of debts in the certificate is applied for as far as such amount can be ascertained. (4) Whether or not any power with respectto a security specified in a certificate has been conferred under the Act and where such a power has been so conferred whether the power is for receiving of interest or dividends on or for the negotiation or transfer of the security, or for both purposes, the value of the security is its market value on the day on which the inclusion of the security in the certificate is applied for so far as such value be ascertained. The Arunachal Pradesh Extraordinary Gazette, September 29, 2023 15 TABLE OF RATES OF AD VALOREM FEES LEVIABLE ON THE INSTITUTION OF SCHEDULEH SUITS. When the amount or value of the subject matter But does not exceed Proper Fee exceeds 1 2 3 g T - 5 1.00 5 10 1.00 10 15 2.00 15 20 2.00 20 25 3.00 25 30 3.00 30 35 3.00 35 40 4.00 40 a5 5.00 45 50 6.00 50 55 8.00 55 60 7.00 60 65 7.00 70 75 8.00 75 80 9.00 80 85 9.00 85 90 10.00 90 95 10.00 95 100 11.00 100 110 13.00 110 120 15.00 120 130 17.00 130 140 19.00 140 150 21.00 150 160 21.00 160 170 23.00 170 180 25.00 180 190 26.00 190 200 27.00 200 210 29.00 210 220 30.00 220 230 31.00 230 240 33.00 16 The Arunachal Pradesh Extraordinary Gazette, September 28, 2023 1 2 3 240 250 34.00 250 260 35.00 260 270 37.00 270 280 38.00 280 200 39.00 290 300 40.00 300 310 42.00 310 320 43.00 320 330 44.00 330 340 46.00 340 350 48.00 350 360 48.00 360 370 50.00 370 380 51.00 380 390 52.00 390 400 54.00 400 410 55.00 410 420 56.00 420 430 58.00 430 440 59.00 440 450 60.00 450 460 61.00 460 470 63.00 470 480 64.00 480 490 66.00 490 500 67.00 500 510 68.00 510 520 70.00 520 530 71.00 530 540 72.00 540 550 73.00 550 560 75.00 560 570 76.00 570 580 77.00 580 590 79.00 590 600 80.00 600 610 81.00 The Arunachal Pradesh Extraordinary Gazette, September 29, 2023 17 1 2 3 610 620 83.00 620 630 84.00 630 640 85.00 640 650 87.00 650 660 88.00 660 670 89.00 670 680 91.00 680 690 92.00 690 700 93.00 700 710 95.00 710 720 96.00 720 730 97.00 730 740 99.00 740 750 100.00 750 760 101.00 760 70 103.00 770 780 104.00 780 780 105.00 790 800 107.00 800 810 108.00 810 820 108.00 820 830 110.00 830 840 112.00 840 850 113.00 850 860 114.00 860 870 116.00 870 880 117.00 880 890 118.00 890 900 120.00 900 910 121.00 910 920 121.00 920 830 124.00 930 940 125.00 940 850 126.00 950 960 128.00 960 970 129.00 970 980 130.00 18 The Arunachal Pradesh Extraordinary Gazette, September 29, 2023 1 2 3 980 980 132.00 990 1000 133.00 1,000 1,100 141.00 1,100 1,200 145.00 1,200 1,300 158.00 1,300 1,400 166.00 1,400 1,500 174.00 1,500 1:80,0 182.00 1,600 1,700 191.00 1,700 1,800 192.00 1,800 1,800 207.00 1,800 2,000 215.00 2,000 2,100 224.00 2,100 2,200 232.00 2,200 2,300 240.00 2,300 2,400 249.00 2,400 2,500 257.00 2,500 2,600 265.00 2,600 2,700 273.00 2,700 2,800 281.00 2,800 2,900 280.00 2,900 3,000 298.00 3,000 3,100 3016.00 3,100 3,200 314.00 3,200 3,300 323.00 3,300 3,400 331.00 3,400 3,500 339.00 3,500 3,600 347.00 3,600 3,700 356.00 3,700 3,800 364.00 3,800 3,900 372.00 3,900 4,000 380.00 4,000 4,100 389.00 4,100 4,200 390.00 4,200 4,300 405.00 4,300 4,400 413.00 4,400 4,500 422,00 The Arunachal Pradesh Extraordinary Gazette, September 29, 2023 19 1 2 3 4,500 4,600 430.00 4,600 4,700 438.00 4,700 4,800 446.00 4,800 4,900 455.00 4,900 5,000 463.00 5,000 5,100 471.00 5,100 5,200 479.00 5,200 5,300 487.00 5,300 5,400 496.00 5,400 5,500 504.00 5,500 5,600 512.00 5,600 5,700 521.00 5,700 5,800 529.00 5,800 5,800 537.00 5,900 6,000 546.00 6,000 6,100 554.00 6,100 6,200 562.00 6,200 6,300 570.00 6,300 6,400 578.00 8,400 6,500 587.00 6,500 6,600 595.00 6,600 6,700 603.00 6,700 6,800 611.00 6,800 6,900 620.00 6,900 7,000 628.00 7,000 7,100 636.00 7.100 7,200 644.00 7,200 7.300 653.00 7,300 7,400 661.00 7.400 7,500 669.00 7,500 7,750 686.00 7.750 8,000 702.00 8,000 8,250 735.00 8,250 8,500 745.00 8,500 8,750 752.00 8,750 9,000 765.00 9,250 785.00 The Arunachal Pradesh Extraordinary Gazette, September 29, 2023 1 2 3 9,250 9,500 801.00 9,500 9,750 818.00 9,750 10,000 834.00 10,000 10,500 859.00 10,500 11,000 883.00 11,000 11,500 908.00 11,500 12,000 933.00 12,000 12,500 958.00 12,500 13,500 983.00 13,500 14,000 1007.00 14,000 14,500 1057.00 14,500 15,000 1082.00 15,000 15,500 1106.00 15,500 16,000 1131.00 16,000 16,500 1156.00 16,500 47,000 1181.00 17,000 17,500 1205.00 17,500 18,000 1230.00 18,000 18,500 1254.00 18,500 19,000 1279.00 19,000 19,500 1304.00 19,500 20,000 1329.00 20,000 21,000 1356.00 21,000 22,000 1359.00 22,000 23,000 1428.00 23,000 24,000 1461.00 24,000 25,000 1494.00 25,000 26,000 1527.00 26,000 27,000 1593.00 27,000 28,000 1693.00 28,000 20,000 1262.00 20,000 30,000 1659.00 30,000 31,000 1692.00 31,000 32,000 1725.00 32,000 33,000 1758.00 33,000 34,000 1791.00 34,000 35,000 1824.00 35,000 36,000 1857.00 36,000 37,000 1890.00 37,000 38,000 1923.00 The Arunachal Pradesh Extraordinary Gazette, September 29, 2023 21 1 2 3 38,000 39,000 1956.00 39,000 40,000 1989.00 40,000 41,000 2022.00 41,000 42,000 2055.00 42,000 43,000 2088.00 43,000 44,000 2121.00 44,000 45,000 2154.00 45,000 46,000 2187.00 46,000 47,000 2222.00 47,000 48,000 2253.00 48,000 49,000 2286.00 49,000 50,000 2319.00 50,000 55,000 2360.00 55,000 60,000 1402.00 60,000 65,000 2443.00 65,000 70,000 2484.00 70,000 75,000 2525.00 75,000 80,000 2567.00 80,000 ) 85,000 2671.00 85,000 90,000 2649.00 90,000 95,000 2690.00 95,000 1,00,000 2732.00 1,00,000 1,05,000 2773.00 1,05,000 1,10,000 2814.00 1,10,000 1,15,000 2355.00 1,15,000 1,20,000 2897.00 ,20,000 1,25,000 2938.00 1,25,000 1,30,000 2979.00 1,30,000 1,35,000 3020.00 1,35,000 1,40,000 3062.00 1,40,000 1,45,000 3103.00 1,45,000 1,50,000 3144.00 1,50,000 1,55,000 3185.00 1,55,000 1,60,000 3227.00 1,60,000 1,685,000 3268.00 1,65,000 1,70,000 3300.00 1,70,000 1,75,000 3350.00 1,75,000 1,80,000 3392.00 1,80,000 1,85,000 3433.00 1,85,000 1,80,000 3474.00 1,90,000 1,85,000 3515.00 1,95,000 2,00,000 3567.00 2,00,000 2,05,000 3598.00 NOTE: - The fees shall increase at the rate of forty five rupees for every five thousand rupees or part thereof, upto a maximum fee of fifteen thousand rupees. 22 The Arunachal Pradesh Extraordinary Gazette, September 29, 2023 SCHEDULE-I Serial number Particdlars 1 2 1. Application or petition. (1) (a) When presented to any officer of the Customs or Excise Department or to any Magistrate by any person having dealings with the Government, and when the subject matter of such application relates exclusively to those dealings; or (b) When presented to any Municipal Corporation/Board or other local authority constituted under the Act for the time being in force, for the conservancy or improvement of any place, if the application or petition relates solely to such conservancy or improvement; or {c) When presented to any Civil Court other than principal Civil Court or original jurisdiction, or any other subordinate Court or to Collector or other officer of revenue in reiation to any suit or case in which the amount or value of the subject matter is less than fifty rupees; or (d) When presented to any Civil or Criminal or Revenue Court, or to any Board or Executive Officer for the purpose of obtaining a copy or translation or any judgement, decree or order passed by such court, Board or Officer, or any other document on record of such Court or Office (2) When presented to a Regional Transport Authority or State Transport Authority containing a prayer for permit or Contract Carriage, Private Carrier or Public Carrier or for any other purpose Eight Rupees (3) (1) (a) When containing a complaint or charge of any offence other than an offence for which police officer may, under the Criminal Procedure Code, 1973, arrest without warrant and presented to any Criminal Court; or (b} When presented to a Civil or Criminal or Revenue Court, or to a Collector or to any Revenue Officer, having jurisdiction equal or subordinate to a Collector, or to any Magistrate in his Executive capacity, and not otherwise provided for by this Act, or to deposit in Court as revenue or rent or for determination by a court of the amount of compensation to be paid by landlord to his tenant; or (c) When presented to a Collector or other officer making a settlement of land revenue, or to a Board of revenue, or a Commissioner of revenue, refating to matter connected with the assessment of tand or the assessment of rights thereto or interest therein, if presented to the final confirmation of such settiement. In the case of a complaint or charge of an offence presented to a Criminal Court or in the case of an application or petition presented to any officer of land revenue by any person holding temporarily settled land under direct engagement with the Government, and when the subject matter of the application or petition relates exclusively to such engagement- Two rupees and in any other case one rupee. The Arun_achal Pradesh Extraordinary Gazette, September 29, 2023 23 2 (3) (2) (8) When presented to any officer of land revenue by any person hoiding temporarily settied land under direct engagement with Government, and when the subject matter of such application or petition relates exclusively to such engagement. One rupee (b) When presented to any officer of land revenuse by any person acceptance application for setlement of land under direct engagement with Government. Two rupees (¢) When presented to the Chief Commissioner or other Chief Controlling Revenue or Executive Authority, or to a Commissioner of revenue or Circult, or to any Chief Officer charged with the Executive administration of a Division and not otherwise provided for by this Act. Three rupees {d) When presented to the High Court (i) Under Article 226 of the Constitution Fifty rupees (il) In ali other matters. Ten rupees {e) When presented to any officer containing prayer for settlement of fishery, ferry, forest produce, other forest related matters, or an officer given in term for acceptance of Government for any construction or an application for a permit or licence to deal in controlied commodities. Eight rupess (f) When presented to an Appropriate Revenue Authority for demarcation of fand- (i) When the areas of such land does not exceed one hectare Two rupees (i) For each subsequent area of one hectare or part thereof One rupee 2. Application to any Civil Court that record may be calted from another Court. ‘When the Court grants the application and is of the opinion that the transmission of such record involves the use of the post. Two rupee in addition to any fee levied on the application under clause (1) (a), (b), (¢). (d), (3) (1) (a), (b){c), (3) (2) (a), (b): (c), (d), {8) and (f) of Serial No. 1 of - this Schedule 3. Application for leave to - One rupee sue as a pauper 4. Application for leave to (a) When presented to District Court. Two rupees appeal as a pauper (b) When presented to Commissioner or the Three rupees High Court 5. Plaint or memorandum - One rupes of appeal to a suit to establish or disapprove the right of occupancy. 24 The Arunachal Pradesh Extraordinary Gazette, September 28, 2023 1 2 3 6. Bail bond or other - One rupee instrument of abligation given in pursuance of an order made by a Court or Magistrate under the sections of Criminal Procedure Code, 1973, or the Code of Civil Procedure, 1808 and not otherwise provided for by this Act. 7. Undertaking under - One rupee section 49 of the Indian Divorce Act, 1869. 8. Vakalatnama When presented for conduct of any of the following case- {a) To any Civil or Criminal Court other than the One rupee High Court, or to any Collector or Magistraie, or other Executive Officer, except the cases mentioned in clauses (b) and (c) herein under appearing. {b} To a Commissioner of Revenue, Circuit or Three rupees Custom Officers or to any officers charged with Executive Administration of a division, not being the Chief Revenue or Executive Authority. (c) Tothe High Court, Chief Commissioner, Six rupees Board of Revenue or other Chief Controliing Revenue or Executive Authority or an Appellate Authority prescribed under the Motor Vehicle Act, 1988, 9. Memorandum of appeal | (@) Toany Civil Court other than the High Court, Three rupees when the appeal is not or to any Revenue Court or Executive Officer from a decree or an other than the High Court or Chief Controlling order having the force Revenue or Executive Authority, except an of decree, and is Authority specified in clause (b) herein under presented appearing. (b} To an Excise Appellate Authority under the Sevenleen rupees Arunachal Pradesh Excise Act, 1993 and Rules made thereunder. (c) To the High Court or Chief Commissioner of Eleven rupees. Revenue, or other Chief Controlling Executive or Revenue Authority, except an Authority specified in clause (b) herein above. (d) To the High Court in miscellaneous revenue Seventeen rupees matters, except clause (e) below or to an Appellate Authority prescribed under the Motor Vehicle Act, 1988, (e) To the High Courtin appea! and revision matters arising out of settlement of fisheries- (i) When the bid money is below ten Seventeen rupees thousand rupees. (i) When the bid money is above ten Twenty eight rupees thousand rupees but below twenty thousand rupees. {ili) When the bide money is above twenty Forty three rupees thousand rupees. 10. Caveat - - Eleven rupees 11. Application under Arunachal Pradesh Tenancy Act, 2022 Six rupees 12. Plaint or memorandum of appeal in each of suits mentioned in column 2 {i) To alter or set aside a summary decision or order of any of the Civil Courts not established by Letter Patent or of any Revenue Court. Seventeen rupees {ify To alter or cancel any entry in a register of the names of proprietors of revenue paying estates. Seventeen rupees The Arunachal Pradesh Extraordinary Gazette, Septembsr 29, 2023 25 1 . 2 3 (iii)y To obtain a declaratory decree where no Twenty two rupees consequential relief is prayed. (iv) To set aside an award Seventeen rupees (v) To setaside an Adoption Twenty two rupees. (vi) Every other suit where itis not possible to Seventeen rupees estimate at a money value in which the subject matter in dispute is not provided for by this Act. 13. Application under (@) When presented before the Court of Civil | Seventeen rupees Arbitration and Judge Junior Division. Concitiation Act, 1996 (b) When presented before any other Court. | Fifty five rupees. 14. Agreement in writing, - Seventeen rupees stating a question for the opinion of the Court under the Code of Civil Procedure, 19808. 15. Every petition or - Twenty two rupees. memorandum of appeal under the provisions of Indian Divorce Act, 1869. 16. Any other application, - Twenty two rupees petition or memorandum and miscellaneous matters not provided in this Schedule or in this Act, as the case may be. SCHEDULE - il FORM OF VALUATION (TO BE USED WITH SUCH MODIFICATIONS, IF ANY, AS MAY BE NECESSARY I the Court Of..cv. v Re: Probate of the Will of. credits of.. executor (or one of the executors or one of the next-of-kin) [ VRPN deceased, and that | have truly set forth in Annexure A to this affidavit all the property and credits of which the above named deceased died possessed or was entitled to at the time of hisiher death, and which have come, or are likely to come, to my hands. 2. | further say that | have also truly set forth in Annexure B all the items | am by law allowed to deduct. 3. | further say that the said assets, exclusive only of such last mentioned items, but inclusive of all rents, interest, dividends and increased values since the date of the death of the said deceased, arethe valug Of .........ocoeeiiriniiie e 26 The Arunachal Pradesh Extraordinary Gazette, September 29, 2023 ANNEXURE- A VALUATION OF THE MOVEABLE AND IMMOVABLE PROPERTY OF .....oovrinn i cvnne i DECEASED », “Ca:sh in th_e'house and ;t the banks, house}\o\d goods, wearing apparel, books plate, jewels, etc. (State estimated value according to best of Executor's or Administrator’s belief) Property in Government securities transferable at the Public Debt Officer. {State description and value at the price of the day; also the Interest separately, calculating it to the time of making the application) Immovable property, consisting of (State description, giving, in the case of house, the assessed value, if any, and the number of years assessment the market value is estimated at, and in the case of land, the area, the market-value and all rents that have accrued). Leasehold property (If the deceased held any leases for year determinable, state the number of years’ purchase of profit rents are estimated to be worth and the value of such, inserting separately appears due to the date of death and ail rents received or due since that date to the time of making the application.) Property in public companies (State the particulars and the value calculated at the price of the day; also the interest separately, calculating it to the time making the application.) Policy of insurance upon life, money out on mortgage and other securities such bonds, mortgage bills, notes and other securities for money. (State the amount of the whole, also the interest separately caloulating it to the time of making the application.). Book debts (Other than bad) Stock in trade (State the estimated valued, if any) Other property not comprised under the foregoing heads. (State the estimated value, if any) Total Deduct amount shown in Annexure B not subject to duty Net total The Arunachal Pradesh Extraordinary Gazette, September 29, 2023 27 ANNEXURE - B SCHEDULE OF DEBTS, ETC. Amount of debts due and owing from the deceased, payable by law out of the estate Amount of funeral expenses Amount of mortgage encumbrances Property held in trust not beneficially or with general power to confer a beneficial interest Other property not subject to duty Total Onit Panyang, IAS Commissioner to the, Government of Arunachal Pradesh, itanagar. Published and printed by Directorate of Printing, Naharlagun.-412/2023-DoP-250+Secy. (LA)-50+Commissioner (Law} 50-9-2023.