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 
judg

Excerpt shown. Open the full act in Lexace.

‹ Prev All Arunachal Pradesh acts Next ›