Amendment status not verified — confirm the current text below against the official source.
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