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 01: PRELIMINARY
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
A[(2) It extends to the whole of the State of Andhra Pradesh.]
(3) It shall come into force on such date as the State Government may, by notification2in the Andhra Pradesh Gazette, appoint.
SECTION 02: APPLICATION OF ACT
(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 subject to the provisions of any other law relating to the levy of fee in respect of proceedings under such law.
SECTION 03: DEFINITIONS
In this Act, unless the context otherwise requires,-
(i) "appeal" includes a cross-objection;
(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 Andhra Pradesh General Clauses Act, 1891 (Act I 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.
CHAPTER 02: LIABILITY TO PAY
SECTION 04: LEVY OF FEE IN COURTS AND PUBLIC OFFICES
No document which is chargeable with fee under this Act shall-
(i) be filed, exhibited or recorded in, or be acted on or furnished by, any Court including the High Court, or
(ii) be filed, exhibited or recorded in any public office, or be acted on or furnished by any public officer, except on payment of the fee chargeable in respect of such document under this Act:
Provided that a document in respect of which the proper fee has not been paid may be filed or exhibited in a Criminal Court if the Court deems it necessary in the interests of justice to do so.
SECTION 05: COLLECTION OF PROPER FEE ON DOCUMENTS
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.
SECTION 06: MULTIFARIOUS SUITS
(1) In any suit in which separate and distinct reliefs based on the same cause of action are sought, the plaint shall be chargeable with a fee on the aggregate value of the reliefs: Provided that if a relief sought is only ancillary to the main relief, the plaint shall be chargeable only on the value of the main relief.
(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.
(a) Where a suit is based on two or more distinct and different causes of action and separate reliefs are sought in respect thereof, either alternatively or cumulatively, the plaint shall be chargeable with the aggregate amount of the fees that would be chargeable on the plaints under this Act if separate suits were instituted in respect of the several causes of action: Provided that, where the cause of action in respect of reliefs claimed alternatively against the same person arise out of the same transaction, the plaint shall be chargeable only with the highest of the fees chargeable on them.
(b) Nothing in this sub-section shall be deemed to affect any power conferred upon a Court byRule 6 of Order II in the First Schedule to the Code of Civil Procedcure, 1908-(Central Act V of 1908).
(4) The provisions of this section shall apply mutatis mutandis to memoranda of appeals, applications, petitions and written statements.
SECTION 07: 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.
SECTION 08: SET OFF OR COUNTER CLAIM
A written statement pleading a set-off or counter-claim shall be chargeable with fee in the same manner as a plaint.
SECTION 09: DOCUMENTS FALLING UNDER TWO OR MORE DESCRIPTIONS
A document falling within two or more descriptions in this Act shall, where the fees chargeable thereunder are different, be chargeable only with the highest of such fees: Provided that, where one of such descriptions is special and another general, the fee chargeable shall be the fee appropriate to the special description.
CHAPTER 03: DETERMINATION OF FEE
SECTION 10: STATEMENT OF PARTICULARS OF SUBJECT MATTER OF SUIT AND PLAINTIFFS VALUATION THEREOF
In every suit in which the fee payable under this Act on the plaint depends on the market value of the subject-matter of the suit, the plaintiff shall file with the plaint, a statement in the prescribed form, of particulars of the subject-matter of the suit and his valuation thereof unless such particulars and the valuation are contained in the plaint.
SECTION 11: DECISION AS TO PROPER FEE
(a) In every suit the Court shall, before ordering the plaint to be registered, decide on the allegations contained in the plaint and on the materials furnished by the plaintiff the proper fee payable thereon.
(b) The decision of the Court under clause (a) regarding the proper fee payable shall be subject to review from time to time as occasion requires.
(2) Any defendant may plead that the subject-matter of the suit has not been properly valued or that the fee paid is not sufficient. All questions arising on such pleas shall be heard and decided before the hearing of the suit as contemplated by 0. 18 in the First Schedule to theCode 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 paid. If 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.
(a) A Court of Appeal, in which an appeal is filed, may, either of its own motion or on the application of any party, consider the correctness of any order passed by the lower Court regarding the fee payable on the plaint or written statement or in any other proceeding in the lower Court and determine the proper fee payable thereon.
(b) If the Court of Appeal decides that the fee paid in the lower Court is not sufficient, the Court shall require the party liable to pay the deficit fee within such time as may be fixed by it.
(c) If the deficit fee is not paid within the time fixed and the default is in respect of a relief which has been dismissed by the lower Court and which the appellant seeks in appeal, the appeal shall be dismissed, but if the default is in respect of a relief which has been decreed by the lower Court, the deficit fee shall be recoverable as if it were an arrear of land revenue.
(d) If the fee paid in the lower Court is in excess of the proper fee the Court shall direct the refund of the excess to the party who is entitled to it.
(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 18 in the First Schedule tothe Code of Civil Procedure, 1908 (Central Act 5 of 1908)-.
SECTION 12: RELINQUISHMENT OF PORTION OF CLAIM
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 amended. The 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.
SECTION 13: FEE PAYABLE ON WRITTEN STATEMENTS
Where fee is payable under this Act on a written statement filed by a defendant the provisions of S. 11 shall apply to the determination arid levy of the fee payable on such written statement, the defendant concerned being regarded for the said purpose as the plaintiff and the plaintiff or the co-defendant or the third party against whom the claim is made being regarded as the defendant.
SECTION 14: FEE PAYABLE ON APPEALS, ETC
The provisions ofsections 10-to12-relating to the determination and levy of fee on plaints in suits shall apply mutatis mutandis to the determination and levy of fee in respect of a memorandum of appeal, cross-objection or other proceeding in second appeal or in an appeal under the Letters Patent.
SECTION 15: FEE PAYABLE ON PETITIONS, APPLICATIONS, ETC
The provisions ofsections 10-to12-shall apply, to the determination and levy of fee in respect of petitions, applications and other proceedings in Courts in the same way as they apply to the determination and levy of fee on plaints in suits.
SECTION 16: COURT FEE EXAMINERS
(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 subjectmatter and sufficiency of fee in respect of proceedings in such Courts, and orders, if any, passed by the Courts in relation thereto.
(2) Questions relating to valuation of subject-matter and sufficiency of fee in respect of proceedings in a Court raised in reports submitted by such Court-fee Examiners shall be heard and decided by such Courts.
SECTION 17: INQUIRY AND COMMISSION
For the purpose of deciding whether the subject-matter of a suit or other proceeding has been properly valued or whether the fee paid is sufficient the Court may hold such inquiry as it considers necessary and may, if it thinks fit issue a commission to any person directing him to make such local or other investigation as may be necessary and to report thereon to the Court.
SECTION 18: NOTICE TO THE STATE GOVERNMENT
In any inquiry relating to the fee payable on a plaint, written statement, petition, memorandum of appeal or other document, or to the valuation of the subject-matter of the claim to which the plaint, written, statement, petition, memorandum of appeal or other document relates, in so far as such valuation affects the fee payable, the Court may, if it considers it just or necessary to do so, give notice to the State Government, and where such notice is given, the State Government shall be deemed to be a party to the suit or other proceeding as regards the determination of any question in the enquiry aforesaid and the Court's decision on such question shall, where it passes a decree or final order in such suit or proceeding, form part of such decree or final order.
CHAPTER 04: COMPUTATION OF FEE
SECTION 19: FEE HOW COMPUTED
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.