Bare ActsThe Arunachal Pradesh Court Fees Act, 2023.

Section 41

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

(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

Section 41 – The Arunachal Pradesh Court Fees Act, 2023. | DailyLaw.ai