Professional Documents
Culture Documents
ACT, 1956
Act Details :
7 of 1956
An Act to amend and consolidate the law relating to Court fees and
Valuation of suits in the State of Andhra Pradesh WHEREAS it is
necessary and expedient to amend and consolidate the law relating to
Court fees and Valuation of suits in the State of Andhra Pradesh; Be it
enacted in the Seventh year of the Republic of India as follows
CHAPTER 1 Preliminary
(1) This Act may be called the Andhra Pradesh Court fees and Suits
Valuation Act, 1956.
(3) It shall come into force on such date as the State Government may,
by notification in the Andhra Gazette, appoint.
(1) The provisions of this Act shall not apply to documents presented or
to be presented before an officer serving under the Central
Government.
(2) The provisions of this Act relating to the levy of fee shall be shall be
subject to the provisions of any other law relating to the levy of fee in
respect of proceedings under such law.
Section 3 Definitions
(ii) "Court" means any Civil, Revenue or Criminal Court and includes a
Tribunal or other authority having jurisdiction under any special or local
law to decide questions affecting the rights of parties ;
(iii) "prescribed" means prescribed by rules made under this Act ; and
(iv) expressions used and not defined in this Act or in the Madras
General Clauses Act, 1891 (Madras Act 1 of 1891), but defined in the
Code of Civil Procedure, 1908 (Central Act V of 1908), shall have the
meanings respectively assigned to them in the said Code.
When a document on which the whole or any part of the fee payable
under this Act has not been paid is produced or received in any Court
or Public Office, the Court or the head of the office may, at any time,
direct the person by whom such fee is payable to pay the fee or part
thereof, as the case may, be within such time as may be fixed ; and
upon such payment, the document shall be dealt with as if the full fee
had been paid in the first instance.
(2) Where more reliefs than one based on the same cause of action are
sought in the alternative in any suit, the plaint shall be chargeable with
the highest of the fees leviable on the reliefs.
Section 7 Determination of market value
Save as otherwise provided, where the fee payable under this Act
depends on the market value of any property, such value shall be
determined as on the date of presentation of the plaint.
(2) Any defendant may plead that the subject matter of the suit has
not been properly valued or that the fee paid is not sufficientAll
questions arising on such pleas shall be heard and decided before the
hearing of the suit as contemplated by Order XVIII in the First
Schedule to the Code of Civil Procedure, 1908 (Central Act 5 of 1908)If
the Court decides that the subject matter of the suit is not properly
valued or that the fee paid is not sufficient, the Court shall fix a date
before which the subject matter of the suit shall be valued in
accordance with the Court s decision and the deficit fee shall be paidIf
within the time allowed, the subject matter of the suit is not valued in
accordance with the court s decision or if the deficit fee is not paid, the
plaint shall be rejected and the Court shall pass such order as it deems
just regarding costs of the suit.
(4) Any question relating to the value for the purpose of determining
the jurisdiction of Courts shall be heard and decided before the hearing
of the suit as contemplated by Order XVIII in the First Schedule to the
Code of Civil Procedure, 1908 (CentralAct V of 1908).
A Plaintiff who has been required to pay additional fee may relinquish a
part of his claim and apply to have the plaint so amended that the fee
paid is sufficient for the claim made in the plaint as amendedThe Court
may allow such application on such terms as it considers just; the
Court may permit the plaintiff at any later stage of the suit to add to
the claim the part so relinquished on payment of the additional fee.
(1) The High Court may depute officers to be designated Court fee
Examiners to inspect the records of subordinate Courts with a view to
examine the correctness of the valuation of subject matter and
sufficiency of fee in respect of proceedings in such Courts, and orders,
if any, passed by the Courts in relation thereto.
The fee payable under this Act shall be computed in accordance with
the provisions of this Chapter, Chapter VI, Chapter VIII and Schedules
I and II.
xxxxx
(a) where the prayer is for a declaration and for possession of the
property to which the declaration relates, fee shall be computed on the
market value of the movable property or three fourths of the market
value of the immovable property or on rupees three hundred,
whichever is higher ;
(b) where the prayer is for declaration and for consequential injunction
and the relief sought is with reference to any immovable property, fee
shall be computed on one half of the market value of the property or
on rupees three hundred, whichever is higher;
(c) where the prayer relates to the plaintiff's exclusive right to use, sell,
print or exhibit any mark, name, book, picture, design or other thing
and is based on an infringement of such exclusive right, fee shall be
computed on the amount at which the relief sought is valued in the
plaint or at which such relief is valued by the Court whichever is
higher:
(d) In other cases, whether the subject matter of the suit is capable of
valuation or not, fee shall be computed on the amount at which the
relief sought is valued in the plaint or at which such relief is valued by
the Court, whichever is higher.
(a) where the relief sought relates to any immovable property, and
where the plaintiff s title to the property is denied, fee shall be
computed on one half of the market value of the property or on rupees
two hundred, whichever is higher;
(b) where the relief sought relates to the plaintiff s exclusive right to
use, sell, print or exhibit any mark, name, book, picture, design or
other thing and is based on an infringement of such exclusive right, fee
shall be computed on the amount at which the relief sought is valued in
the plaint or at which such relief is valued by the Court, whichever is
higher;
(c) in any other case, whether the subject matter of the suit has a
market value or not, fee shall be computed on the amount at which the
relief sought is valued in the plaint or at which such relief is valued by
the Court, whichever is higher.
(2) Where the amount payable to the plaintiff as ascertained in the suit
is in excess of the amount as estimated in the plaint, no decree
directing payment of the amount as so ascertained shall be passed until
the difference between the fee actually paid and the fee that would
have been payable had the suit comprised the whole of the amount so
ascertained, is paid.
(3) Where in any such suit it is found that any amount is payable to the
defendant, no decree shall be passed in his favour until he pays the fee
due on the amount.
(3) Where in a suit falling under sub section (1) or sub section (2) the
plaintiff or the defendant seeks also cancellation of decree or other
document of the nature specified in section 37, separate fee shall be
payable on the relief of cancellation in the manner specified in that
section.
(2) Where any amount or share or part of the assets of the estate is
found due to the plaintiff, and the fee computed on the amount or the
market value of such share or part of the assets exceeds the fee paid
on the plaint, no payment shall be made and no decree directing
payment of money or confirming title to such share or part of the
assets shall be passed until the difference between the fee actually paid
and the fee computed on the amount or value of such share or part of
such assets is paid.
xxxx
(e) in other cases, where the consideration for the promise sought to
be enforced has a market value, computed on the market value of the
movable property or three fourths of the market value of the
immovable property or where such consideration has no market value,
at the rates specified in section 47.
(3) In an appeal from a suit to contest a distraint under sub section (1)
or sub section (2) of section 95 of the the Andhra Pradesh (Andhra
Area) Estates Land Act, 1908 (Act 1 of 1908) or to contest the right of
sale under section 112 of that Act, fee shall be charged on the amount
of the arrears for which the distraint has been made or the sale is
proposed to be held.
(1) In a suit for mesne profits or for immovable property and mesne
profits therefrom, fee shall, in respect of mesne profits, be computed
on the amount claimed as mesne profitsIf the profits ascertained to be
due to the plaintiff are in excess of the profits as claimed, no decree
shall be passed until the difference between the fee actually paid and
the fee that would have been payable had the suit comprised the whole
of the profits so ascertained is paid.
(3) Where, for a period subsequent to the date of the decree or final
decree, such decree or final decree directs payment of mesne profits at
a specified rate, such decree or final decree shall not be executed until
the fee computed on the amount claimed in execution is paid.
(3) Value for the purpose of determining the jurisdiction of Courts shall
be the amount of the debt, or the sum of money or the market value of
the movable property or threefourths of the market value of the
immovable property to which the suit relates.
Provided that, if the suit against the defendant who has filed the third
party notice is dismissed, wholly or in part, he shall be entitled to a
refund of the whole or a proportionate part of the fee paid by him.
In suits not otherwise provided for, fee shall be payable at the following
rates :- When the amount or value of the subjectmatter in dispute
(ii) is not less than Rs3,000 but does not exceed Rs5,000 .Rupees one
hundred
(iii) exceeds Rs5,000 but does not exceed Rs10,000 .Rupees two
hundred
The 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 property for public purposes shall be computed on the
difference between the amount awarded and the amount claimed by the
appellant.
Section 49 Appeals
The fee payable in an appeal shall be the same as the fee that would
be payable in the Court of first instance on the subjectmatter of the
appeal :
(2) In a suit where fee is payable under this Act at a fixed rate, the
value for the purpose of determining the jurisdiction Courts shall be the
market value of the movable property or threefourths of the market
value of the immovable property or where it is not possible to estimate
it at a money value the amount stated in the plaint.
(2) Where such objection was taken in the manner mentioned in clause
(a) of subsection (1), but the appellate Court is not satisfied as to both
the matters mentioned in clause (b) of that subsection, it shall, if it has
before it the materials necessary for the determination of the other
grounds of appeal to itself, dispose of the appeal as if there had been
no defect of jurisdiction in the Court of first instance or lower appellate
Court.
(3) Where such objection was taken in that manner and the appellate
Court is satisfied as to both those matters, it shall, if those materials
are not before it, proceed to deal with the appeal or remand the suit or
appeal for disposal in accordance with the directions of the appellate
Court.
(2) On receipt of such application, the Court shall send a copy thereof
and of the valuation to the Collector of the district in which the estate is
situated, or if the estate is situated in more than one district, to the
Collector of the district in which the portion of the estate, the
aggregate value of which is the highest is situated.
Section 53 Levy of fee
xxxx
(2) Whenever such grant has been made in respect of any property
forming part of an estate, the amount of fee actually paid under this
Act for such grant shall be deducted when a like grant is made in
respect of the property belonging to the same estate identical with or
including the property to which the former grant relates.
(2) Any Collector required under subsection (1) to furnish the correct
valuation of any property shall comply with the requisition after making
or causing to be made by any officer subordinate to him such inquiry, if
any, as he thinks fit.
(4) If, in any such case, the probate or letters of administration has or
have been granted and the applicant amends the valuation to the
satisfaction of the Collector and the Collector finds that the fee payable
according to the true value of the estate has not been paid in full, he
shall proceed under subsection (4) of Section 58; and if the fee paid is
in excess of that payable according to the true value of the estate, the
excess fee shall be refunded to the applicant.
(1) The Court shall, when moved by the Collector under subsection (5)
of Section 56, hold or cause to be held by any Court or Officer
subordinate to it an inquiry as to the true value at which the estate of
the deceased should have been estimatedThe Collector shall be
deemed to be a party to the inquiry.
(2) For the purposes of any such inquiry the Court, or any Court or
officer subordinate to it authorised by the Court to hold the inquiry,
may examine the applicant on oath either in person or by commission,
and may take such further evidence as may be produced to prove the
true value of the estate, and where the inquiry has been entrusted to a
Subordinate Court or officer, such court or officer shall return to the
Court the evidence taken and report the result of the inquiry and such
report and the evidence so taken shall be evidence in the proceedings.
(4) The Court may make such order as to the costs of the inquiry as it
thinks fit.
(1) Where insufficient fee has been paid on any probate or letters of
administration on account of any stake or of want of knowledge at the
time that some particular part of the estate belonged to the deceased,
if any executor or administrator, acting under such probate or letters,
applies to the Collector in the form set forth in Part II of Schedule III
and pays within six months of the discovery of the stake or of any
effects not known at the time to have belonged to the deceased, the
difference between the fee which ought to have been paid in the first
instance on such probate or letters and the fee actually paid, the
Collector shall, if satisfied that insufficient fee was paid in the first
instance on account of a stake and without any intention to defraud or
to delay the payment of proper fee, cause the probate or letters to be
duly stamped.
(3) If, on application being made under subsection (1), the Collector is
satisfied that the application was not made within six months of the
discovery of the stake or of further effects not included in the original
valuation or that the payment of insufficient fee in the first instance
was not due to a bonafided stake, he shall cause the probate or letters
to be duly stamped on payment of the deficit fee together with a
penalty not exceeding five times such fee.
(5) The Board of Revenue may remit the whole or any part of the
amount forfeited under subsection (2) or of any penalty under
subsection (3) or subsection (4).
Where insufficient fee has been paid in the first instance on letters of
administration, the Collector shall not cause the same to be duly
stamped in the manner aforesaid unless the administrator has given
such security to the court granting the letters of administration as
ought by law to have been given on the granting thereof in case the full
value of the estate of the deceased had then been ascertained.
(1) If, at any time after the grant of the probate or letters of
administration of an estate, it is discovered that fee has been paid in
excess of what was payable according to the true value of the estate,
the executor or administrator, as the case may be, may apply for a
refund to the Collector to whom a copy of valuation of the estate was
sent under subsection (2) of Section 52 The application shall be
accompanied by an amended valuation in the Form set forth in Part II
of Schedule III together with the probate or letters of administration
upon which a refund is sought.
The powers and duties of the Collector under this Chapter shall be
subject to the control of the Board of Revenue.
(viii) bail bonds in criminal cases other than bail bonds in village courts,
recognizances to prosecute or give evidence and recognizances for
personal appearance or otherwise ;
CHAPTER 8 scellaneous
The stamps used to denote any fee chargeable under this Act shall be
impressed or adhesive or partly impressed and partly adhesive, as the
State Government may, by notification in the Andhra Pradesh Gazette,
from time to time, direct.
Where any document which ought to bear a stamp under this Act is
amended merely for correcting a mistake and making it conform to the
original intention of the parties, it shall not be necessary to impose a
fresh stamp.
(2) The Officer appointed from time to time by the Court or the head of
the office shall, on receiving any such document effect forthwith such
cancellation by punching out the figure head so as to leave the amount
designated on the stamp untouched, and the part removed by
punching shall be destroyed.
Section 73 Deduction to be made
Section 74 Penalty
Any person appointed to sell stamps, who disobeys any rule made
under this Act, and any person, not so appointed, who sells or offers
for sale any stamps, shall be punishable with imprisonment for a term
which may extend to six months or with fine which may extend to five
hundred rupees, or with both.
(2) All rules made under subsection (1) shall be subject to confirmation
by the State Government with or without modification and on such
confirmation they shall be published in the Andhra Pradesh Gazetted
and shall thereupon have effect as if enacted in this Act.
Section 76 Power of Board of Revenue to make rules
(2) All Rules made under this section shall be published in the Andhra
Pradesh Gazette and on such publication, shall have effect as if enacted
in this Act.
(2) All notifications and rules made under this section shall, as soon as
may be, after they are made, be placed on the table of the Legislative
Assembly for fifteen days, and shall be subject to such modification,
whether by way of repeal or amendment, as the Legislative Assembly
may make during the session in which they are so laid.
Until rules are framed under sections 75,76 and 77 and until
notifications are issued under Section68, the rules and notifications
now in force in respect of matters referred to in those sections, shall, in
so far as they are not inconsistent with this Act, continue in force.
31-20
390
400
32-00
400
410
32-80
410
420
33-60
420
430
34-40
430
440
35-20
440
450
36-00
450
460
36-80
460
470
37-60
470
480
38-40
480
490
39-20
490
500
40-00
TABLE-II
Payable on Plaints (Small Cause Side), etc. mentioned in Art. (b) (c) of
Sch. I
When the
amount or
value of the
subject-
matter
exceeds
But does
not
exceed
Proper
Fee
(1)
(2)
(3)
Rs.
Rs.
Rs. Ps.,
5
0-60
10
1-20
10
15
1-80
15
20
2-40
20
25
3-00
25
30
3-60
30
35
4-20
35
40
4-80
40
45
5-40
45
50
6-00
50
55
6-60
55
60
7-20
60
65
7-80
65
70
8-40
70
75
9-00
75
80
9-60
80
85
10-20
85
90
10-80
90
95
11-40
95
100
12-00
100
110
13-10
110
120
14-20
120
130
15-30
130
140
16-40
140
150
17-50
150
160
18-60
160
170
19-70
170
180
20-80
180
190
21-90
190
200
23-00
200
210
24-10
210
220
25-20
220
230
26-30
230
240
27-40
240
250
28-50
250
260
29-60
260
270
30-70
270
280
31-80
280
290
32-90
290
300
34-00
300
310
35-10
310
320
36-20
320
330
37-30
330
340
38-40
340
350
39-50
350
360
40-60
360
370
41-70
370
380
42-80
380
390
43-90
390
400
45-00
400
410
46-10
410
420
47-20
420
430
48-30
430
440
49-40
440
450
50-50
450
460
51-60
460
470
52-70
470
480
53-80
480
490
54-90
490
500
56-00
500
510
57-10
510
520
58-20
520
530
59-30
530
540
60-40
540
550
61-50
550
560
62-60
560
570
63-70
570
580
64-80
580
590
65-90
590
600
67-00
600
610
68-10
610
620
69-20
620
630
70-30
630
640
71-40
640
650
72-50
650
660
73-60
660
670
74-70
670
680
75-80
680
690
76-90
690
700
78-00
700
710
79-10
710
720
80-20
720
730
81-30
730
740
82-40
740
750
83-50
750
760
84-60
760
770
85-70
770
780
86-80
780
790
87-90
790
800
89-00
800
810
90-10
When the
amount or
value of the
subject-
matter
exceeds
But does
not
exceed
Proper
Fee
(1)
(2)
(3)
Rs.
Rs.
Rs. Ps.,
810
820
91-20
820
830
92-30
830
840
93-40
840
850
94-50
850
860
95-60
860
870
96-70
870
880
97-80
880
890
98-90
890
900
100-00
900
910
101-10
910
920
102-20
920
930
103-30
930
940
104-40
940
950
105-50
950
960
106-60
960
970
107-70
970
980
108-80
980
990
109-90
990
1000
111-00
1000
1100
118-50
1100
1200
126-00
1200
1300
133-50
1300
1400
141-00
1400
1500
148-50
1500
1600
156-00
1600
1700
163-50
1700
1800
171-00
1800
1900
178-50
1900
2000
186-00
2000
2100
193-50
2100
2200
201-00
2200
2300
208-50
2300
2400
216-00
2400
2500
223-50
2500
2600
231-00
2600
2700
238-50
2700
2800
246-00
2800
2900
253-50
2900
3000
261-00
3000
3100
268-50
3100
3200
276-00
3200
3300
283-50
3300
3400
291-00
3400
3500
298-50
3500
3600
306-00
3600
3700
313-50
3700
3800
321-00
3800
3900
328-50
3900
4000
336-00
4000
4100
343-50
4100
4200
351-00
4200
4300
358-50
4300
4400
366-00
4400
4500
373-50
4500
4600
381-00
4600
4700
388-50
4700
4800
396-00
4800
4900
403-50
4900
5000
411-00
5000
5100
418-50
5100
5200
426-00
5200
5300
433-50
5300
5400
441-00
5400
5500
448-50
5500
5600
456-00
5600
5700
463-50
5700
5800
471-00
5800
5900
478-50
5900
6000
486-00
6000
6100
493-50
6100
6200
501-00
6200
6300
508-50
6300
6400
516-00
6400
6500
523-50
6500
6600
531-00
6600
6700
538-50
6700
6800
546-00
6800
6900
553-50
6900
7000
561-00
7000
7100
568-50
7100
7200
576-00
7200
7300
583-50
7300
7400
591-00
7400
7500
598-50
7500
7600
606-00
7600
7700
613-50
7700
7800
621-00
7800
7900
628-50
7900
8000
636-00
8000
8100
643-50
8100
8200
651-00
When the
amount or
value of the
subject-
matter
exceeds
But does
not
exceed
Proper
Fee
(1)
(2)
(3)
Rs.
Rs.
Rs. Ps.,
8200
8300
658-50
8300
8400
666-00
8400
8500
673-50
8500
8600
681-00
8600
8700
688-50
8700
8800
696-00
8800
8900
703-50
8900
9000
711-00
9000
9100
718-50
9100
9200
726-00
9200
9300
733-50
9300
9400
741-00
9400
9500
748-50
9500
9600
756-00
9600
9700
763-50
9700
9800
771-00
9800
9900
778-50
9900
10,000
786-00
10,000
10,500
816-00
10,500
11,000
846-00
11,000
11,500
876-00
11,500
12,000
906-00
12,000
12,500
936-00
12,500
13,000
966-00
13,000
13,500
996-00
13,500
14,000
1,026-00
14,000
14,500
1,056-00
14,500
15,000
1,086-00
15,000
15,500
1,116-00
15,500
16,000
1,146-00
16,000
16,500
1,176-00
16,500
17,000
1,206-00
17,000
17,500
1,236-00
17,500
18,000
1,266-00
18,000
18,500
1,296-00
18,500
19,000
1,326-00
19,000
19,500
1,356-00
19,500
20,000
1,386-00
20,000
21,000
1,426-00
21,000
22,000
1,466-00
22,000
23,000
1,506-00
23,000
24,000
1,546-00
24,000
25,000
1,586-00
25,000
26,000
1,626-00
26,000
27,000
1,666-00
27,000
28,000
1,706-00
28,000
29,000
1,746-00
29,000
30,000
1,786-00
30,000
32,000
1,846-00
32,000
34,000
1,906-00
34,000
36,000
1,966-00
36,000
38,000
2,026-00
38,000
40,000
2,086-00
40,000
42,000
2,146-00
42,000
44,000
2,206-00
44,000
46,000
2,266-00
46,000
48,000
2,326-00
48,000
50,000
2,386-00
50,000
54,000
2,466-00
54,000
58,000
2,546-00
58,000
62,000
2,626-00
62,000
66,000
2,706-00
66,000
70,000
2,786-00
70,000
74,000
2,866-00
74,000
78,000
2,946-00
78,000
82,000
3,026-00
82,000
86,000
3,106-00
86,000
90,000
3,186-00
90,000
94,000
3,266-00
94,000
98,000
3,346-00
98,000
1,00,000
3,426-00
1,00,000
1,10,000
3,526-00
1,10,000
1,20,000
3,626-00
1,20,000
1,30,000
3,726-00
1,30,000
1,40,000
3,826-00
1,40,000
1,50,000
3,926-00
1,50,000
1,60,000
4,026-00
1,60,000
1,70,000
4,126-00
1,70,000
1,80,000
4,226-00
1,80,000
1,90,000
4,326-00
1,90,000
2,00,000
4,426-00
2,00,000
2,10,000
4,526-00
2,10,000
2,20,000
4,626-00
2,20,000
2,30,000
4,726-00
2,30,000
2,40,000
4,826-00
2,40,000
2,50,000
4,926-00
2,50,000
2,60,000
5,026-00
2,60,000
2,70,000
5,126-00
2,70,000
2,80,000
5,226-00
2,80,000
2,90,000
5,326-00
2,90,000
3,00,000
5,426-00
Article
Particulars
Proper fee
(1)
(2)
(3)
1.
Ten rupees.
Ten rupees.
Thirty rupees
Thirty rupees
Fifty rupees
Thirty rupees.
Ten rupees.
2.
3.
(i) to any Court other than the High Court or to any Executive Officer
other than the Board of Revenue or Chief Executive Authority.
Three rupees.
Five rupees.
(A) From an order other than an order under the 1Andhra Pradesh
(Andhra Area) Agriculturists Relief Act, 1938--
Ten rupees.
Five rupees.
Ten rupees
Two rupees.
Five rupees.
4.
(a) the value for jurisdiction does not exceed Rs. 2,000/-
Fifteen rupees.
(b) such value exceeds Rs.2,000/- but does not exceed Rs.5,000/-
Twenty five rupees.
(c) such value exceeds Rs. 5,000/- but does not exceed Rs.20,000/-
5.
When such judgment or order is passed by any Civil Court other than
the High Court or by the Presiding Officer of any Revenue Court or
office or by any other Court or judicial or executive authority.
One rupee.
Two rupees.
6.
7.
When such decree or order is made by any Court other than the High
Court--
One rupee.
Two rupees.
Five rupees.
8.
Copy of any document liable to stamp duty under the Indian Stamp
Act, 1899, when substituted by any party to a suit or proceeding in
place of the original withdrawn.
(a) When the stamp duty chargeable on original does not exceed fifty
naye paise:
chargeable on the
original.
One rupee.
9.
For every three hundred and sixty words or fraction of three hundred
and sixty words.
One rupee.
10.
One rupee.
One rupee.
One rupee.
One rupee.
One rupee.
(f) Application to a Forest Officer by a forest contractor for extension
of the period of lease.
Five rupees.
(ii) if such value exceeds Rs. 5,000/- for every Rs. 1,000/- or part
thereof, in excess of Rs.5,000/-.
One rupee.
*[Fifty rupees].
(h) Application for lapsed deposit presented after six months after the
date on which the amount lapsed to the Government--
(i) when the amount or deposit does not exceed Rs.1000/-
One rupee.
Two rupees.
Two rupees.
One rupee.
Two rupees.
One rupee.
(k) Application or petition not falling under clause (i) or (j) and
presented to a public officer or in a public office and not otherwise
provided for.
One rupee.
11.
Fifty paise
(b) Application or petition presented to any Civil Court other than a
Principal Civil Court of original jurisdiction or to any Court of Small
Causes constituted under the Provin- cial Small Cause Courts Act,
1887, or to a Collector or other officer of revenue in relation to any suit
or case in which the amount or value of the subject-matter is less than
Rs.50/-]
paise.
(c) Application to any Court that records may be called from another
Court, when the Court grants the application and is of opinion that the
transmission of such records involves the use of the post.
application.
One rupee.
One rupee.
one rupee.
(i) When presented to a Civil Court or Revenue Court other than the
High Court in relation to any suit or proceeding--
One rupee.
(2) if the value is Rs. 50/- and above;
Two rupees.
Five rupees.
One rupee
Two rupees.
Five rupees.
(j) Application or petition under Sections 34, 72 , 73 and 74 of the
Indian Trusts Act, 1882.
Five rupees.
(1) if the value of the estate does not exceed Rs. 1,000/-;
One rupee.
Five rupees.
Provided that if a Caveat is entered and the application is registered as
a suit, one-half of the scale of fee specified in Article 1 of Schedule 1 on
the market-value of the estate less the fee already paid on the
application shall be levied.
(l) Original petition not otherwise provided for when filed in--
(1) under the Andhra Pradesh (Andhra Area) Village Courts Act, 1888;
One rupee.
Three rupees.
Five rupees.
Twenty rupees.
(m) Application to set aside an award under the Arbitration Act, 1940--
(1) if the value of the subject-matter of the Award does not exceed Rs.
2,000/-
Twenty rupees.
Twenty rupees.
Fifteen rupees.
(1) if the value of the subject-matter of the award does not exceed Rs.
5,000/-
Fifteen rupees.
(2) if such value exceeds Rs. 5,000/- but does not exceed Rs.10,000/-
rupees
Twenty rupees.
Fifty rupees.
(q) Revision petition presented to the High Court under Section 115 of
the Code of Civil Procedure, 1908, or under Section 25 of the Provincial
Small Cause Courts Act, 1887, or under the provisions of any other Act,
arising out of a suit or proceeding--
(i) if the value of the suit or proceeding to which the order sought to
be revised relates does not exceed Rs. 1,000/-
Five rupees.
Ten rupees.
(r) Petition under Sections 153, 166 and 221 of the Indian Companies
Act, 1913 in connection with the winding up of a Company.
Two hundred
rupees.
[(s) Petition to the High Court under Article 226 of the Constitution for
a writ other than the writ of Habeas Corpus or a petition under Article
227 of the Constitution.
Two rupees.
Fifty rupees.
Five rupees.
12.
One rupee.
13.
One rupee.
14.
One rupee.
One rupee.
15.
One rupee.
16.
(i) to any Court other than the High Court or to any Collector or
Magistrate or other Executive Officer.
Two rupees.
Three rupees.
Five rupees.
Five rupees.
17.
Fifteen rupees.
(ii) in any other case.
18.
Caveat
Ten rupees.
SCHEDULE 3 SCHEDULE
SCHEDULESCHEDULE III
PART I
IN THE COURT OF
2. I further say that I have also truly set forth in Annexure B to this
Form of Valuation all the items which I am by law allowed to deduct.
ANNEXURE A ANNEXURE
ANNEXURE A
Administrator's behalf).
Office.
Leasehold property .. .. ..
(If the deceased held any leases for years determinable, state
the period of the lease and the estimated amount of rent inserting
may be).
money .........
(State the amount of the whole on the date of the death or on the
Debts .. .. .. ..
Stock in trade .. .. .. ..
(State the estimated value, if any).
_______________
Total _______________
______________
ANNEXURE B ANNEXURE
ANNEXURE B
Rs. nP.
Amount of debts due and owing from the deceased legally payable
______________
Total ______________
Part II
IN THE COURT OF
1. I (A.B.) am the executor (or one of the executors or one of the next
of kin as the case may be, of
3. It has now been discovered that the net value of the estate on which
court fee was paid was not correctly ascertained.
5. I futher have now truly set forth in Annexure B all the items which I
am by law allowed to deduct.
6. I futher declare that the said estate exclusively only of the last
mentioned items at the date of death of the deceased was/this
application is under the value of
ANNEXURE C ANNEXURE
ANNEXURE A
Valuation on which
Increase
Decrease
Total ..
________________
________________
ANNEXURE D ANNEXURE
ANNEXURE B.
Increase
Decrease
Total ..
RULE:
(i) These Rules may be called the Andhra Pradesh Court Fees And Suits
Valuation Rules, 1987.
Rule 2 Definitions
(a) "Act" means the Andhra Pradesh Court Fees and Suits Valuation
Act, 1956;
(c) "Collector" means the Collector of the district and includes any
officer subordinate to him who performs the functions of the Collector
under these rules
(e) "Public Office" means, any Office or institution under the control
maintenance and superintendence of Government of Andhra Pradesh or
Local Bodies like Zilla Parishads, Panchayat Samithis, Panchayats, and
Municipalities including the Municipal Corporation of Hyderabad.
(f) "Fees" means the money leviable under Chapter (iv), (vi) and (viii)
of the Andhra Pradesh Court Fees and Suits Valuation Act, 1956 and
Schedules I and II annexed thereto ;
The Market value of land in suits falling under various sections of the
Act shall be deemed to be the immovable property both in Urban and
Rural Areas fixed by the Registration and Stamps Deptkeeping in view
the value of the land nearby to or in the vicinity of the land which is the
subject matter of the suit, as recorded in the registers of the Sub-
Registrar or the District Registrar concerned, as the case may be,
during the course of regular transactions immediately before the plaint
is filed
Every plaint filed under section 8 of the Act, shall contain the full
particulars of the subject matter of the suit and the valuation thereof in
the form 'A', annexed to these rules.
Rule 5 Collection of Fees by Stamps sold in Andhra Pradesh
All fees chargeable under the Act shall be collected in form of stamps
sold in Andhra Pradesh Stamps purchased from a vendor outside
Andhra Pradesh shall not be valid.
APPENDIX 1 FORM
FORM
FORM-A
IN THE COURT OF
CAUSE TITLE
1. I have truly setforth in the annexure to the plaint the value of the
subject matter of the suit.
DEPONENT
ANNEXURE
ANNEXURE
Rs. Ps.
or Administrator's belief).
Leasehold Property.
may be).
Debts.
Stock in trade.
________________________
________________________
ceremonies..........
________________________ Total
________________________
Rule 1
(1) These rules may be called the Process Fees Rules, 1965.
SCHEDULE
SCHEDULE SCHEDULE
Small Cause
Suits.
District
Munsiff
Courts.
Sub-Courts,
District
Courts and
High Court.
(1)
(2)
(3)
(4)
Rs. Ps.
Rs. Ps.
Rs. Ps.
20-00
20-00
20-00
service :
20-00
20-00
20-00
10-00
10-00
10-00
2-00
3-50
1-75
2-00
3-50
1-75
2-00
3-50
1-75
2-00
3-50
1-75
2-00
3-50
1-75
2-00
3-50
provided for
1-75
2-00
3-50
OR
(8) When one or more persons are deputed to have the custody of a
judgment debtor under arrest, an additional charge shall be levied in
advance at the rate of Rs. 1.25 ps. a day for each peon up to the time
fixed for the adjourned hearing.
4. In all cases except those covered by Rules, 32, 49, 49-A, 144 and
187 of the Civil Rules of Practice Volume I Process fee shall be paid
within three days, or such other period as the Court may fix, from the
date of the order.
5. (1) The fees levied under these rules shall be paid in Court- fee
labels.
7. The fees payable for the service and execution of processes as laid
down in these rules shall be displayed on the notice board of each
Court in English and in the local language or languages.
8. (1) When more than the amount required for the service process is
deposited, or when issue of process for service becomes unnecessary
after deposit, the Courts may refund to the depositor, the amount of
the surplus fees in money and charge the same to the contingent fund.
(2) Applications for refund of process fee shall be made before the
expiry of six months from the date on which the process fees were paid
into Court ; on applications made thereafter a penalty of 0.06 ps. in the
rupee or a fraction of a rupee shall be levied when making refund.
When a refund has to be made after a process has been transmitted for
service from one Court to another the refund orders shall be forwarded
to the Judge of the Court in which the process fee have been deposited
with a request that the amount of refund may be paid from his
permanent advance instead of the order itself being made directly
payable from the Treasury.