(1) The Court-fees Act, 1870 (Central Act 7 of 1870), in its application to the State of Andhra Pradesh and in relation to the fees and stamps other than fees and stamps relating to documents presented or to be presented before an officer serving under the Central Government and the Suits Valuation Act, 1887 (Central Act 7 of 1887), in its application to the State of Andhra Pradesh are hereby repealed.
(2) All suits and proceedings instituted before the commencement of this Act and all proceedings by way of appeal, revision or otherwise arising therefrom, whether instituted before or after such commencement, shall, notwithstanding the repeal of the Court-fees Act, 1870 (Central Act 7 of 1870), and Suits Valuation Act, 1887(Central Act 7 of 1887), be governed by the provisions of the said Acts and the rules made thereunder.
1. Substituted for the words “Andhra Gazette” by the Andhra Pradesh Adoption of Laws Order,
1957.
SCHEDULE 1 (See Section 19) AD VALOREM FEES Article Particulars Proper fee
(1) (2) (3) 1[1(a)
(b)
(c) Plaint or written statement pleading a set-off or counter-claim in any suit of the nature cognizable by Courts of Small Causes, when the amount or value of the subject-matter does not exceed five hundred rupees if the suit is actually filed and tried as a small cause suit- When the amount or value of the subject-matter in dispute:-
(i) does not exceed one hundred rupees, for every five rupees or part thereof.
Forty naye paise.
(ii) exceeds one hundred rupees, but does not exceed five hundred rupees, for every ten rupees or part thereof, in excess of one hundred rupees.
Eighty naye paise.
Plaint or written statement pleading a set-off or counter-claim in any suit of the nature cognizable by Courts of Small Causes, when the amount or value of the subject matter exceeds five hundred rupees but does not exceed one thousand rupees— When the amount or value of the subject-matter in dispute-
(i) does not exceed one hundred rupees, for every five rupees or part thereof.
Sixty naye paise.
(ii) exceeds one hundred rupees, but does not exceed one thousand rupees, for every ten rupees or part thereof in excess of one hundred rupees.
One rupee and ten naye paise.]
Plaint or written statement pleading a set-off or counter-claim or memorandum of appeal presented to any Court- When the amount or value of the subject-matter in dispute- 2 [(i) does not exceed one hundred rupees, for every five rupees or part thereof Sixty naye paise.
(ii) exceeds one hundred rupees, but does not exceed one thousand rupees, for every ten rupees or part thereof in excess of one hundred rupees.
One rupee and ten naye paise.
1. Substituted for the original clauses (a) and (b) and the entries relating thereto, by section 3(i) of the Andhra Pradesh Court-fees and Suits Valuation (Second Amendment) Act 1958 (Andhra Pradesh Act XVII of 1958).
2. Substituted for original items (i), (ii) and (iii) and the entries against them, by section 3 (ii) of ibid.
(iii) exceeds one thousand rupees, but does not exceed ten thousand rupees, for every one hundred rupees or part thereof, in excess of one thousand rupees.
Seven rupees and fifty naye paise.]
(iv) exceeds ten thousand rupees, but does not exceed twenty thousand rupees, for every five hundred rupees or part thereof, in excess of ten thousand rupees.
Thirty rupees.
(v) exceeds twenty thousand rupees, but does not exceed thirty thousand rupees for every one thousand rupees or part thereof, in excess of twenty thousand rupees.
Forty rupees.
(vi) exceeds thirty thousand rupees, but does not exceed fifty thousand rupees, for every two thousand rupees or part thereof, in excess of thirty thousand rupees.
Sixty rupees.
(vii) exceeds fifty thousand rupees, but does not exceed one lakh rupees, for every four thousand rupees or part thereof, in excess of fifty thousand rupees.
Eighty rupees.
(viii) exceeds one lakh rupees, for every ten thousand rupees or part thereof, in excess of one lakh rupees.
One hundred rupees.
2(a)
(b) Application under section 26 of the Provincial Insolvency Act, 1920, or under section 95 of the Code of Civil Procedure, 1908.
Five rupees.
Appeal against order on an application falling under clause (a).
Five rupees.
3(a)
(b) Petition under section 53 or 54 of the Provincial Insolvency Act, 1920.
Five rupees.
Appeal against order on a petition falling under clause (a), whether by the Official Receiver or by the unsuccessful party.
Five rupees.
4. Memorandum of appeal against order in proceedings under the Indian Succession Act, 1925.
An amount of onehalf the scale of fee specified in article 1 on the amount or value of the subjectmatter.
5. Application for review of judgment. One-half of the fee payable on the plaint or memorandum of appeal comprising the relief sought in the application for review.
6. Probate of a will or letters of administration with or without will annexed-
Explanation I - Where a certificate is extended under section 376 of the Indian succession Act, 1925, fee shall be computed on the amount for which certificate is sought to be extended and the amount for which a certificate or certificates has or have already been issued at one and a half times the rates specified above, credit being given for the fee already paid.
Explanation II - The amount of a debt includes interest on the day on which the inclusion of the debt in the certificate is applied for so far as such amount can be ascertained.
Explanation III – (a) Where any power with respect to a security specified in a certificate for the receiving of interest or dividends on, or for the negotiation or transfer of, the security, or for both purposes, is conferred.
(b) Whether no such power is conferred, in either of the cases mentioned above, the value of the security is its market value on the day on which the inclusion of the security in the certificate is applied for, so far as such value can be ascertained.
When the amount or value of the estate in respect of which the grant of probate or letters is made exceeds one thousand rupees, but does not exceed five thousand rupees.
When such amount or value exceeds five thousand rupees, but does not exceed fifty thousand rupees.
When such amount or value exceeds fifty thousand rupees, but does not exceed one lakh rupees.
When such amount or value exceeds one lakh rupees.
Two per centum on such amount or value.
Three per centum on such amount or value.
Four per centum on such amount or value.
Five per centum on such amount or value.
7. Certificate under the Indian Succession Act, 1925- Where the amount or value of the debt or security or the aggregate amount or value of the debts and securities specified in the certificate-
(i) does not exceed five thousand rupees.
Two per centum on such amount or value.
(ii) exceeds five thousand rupees, but does not exceed twenty-five thousand rupees.
Three per centum on such amount or value.
(iii) exceeds twenty-five thousand rupees, but does not exceed fifty thousand rupees.
Four per centum on such amount or value.
(iv) exceeds fifty thousand rupees, but does not exceed one lakh rupees.
Five per centum on such amount or value.
(v) exceeds one lakh rupees. Six per centum on such amount or value.
SCHEDULE II (See section 19) Article Particulars Proper fee
(1) (2) (3)
1. (i) Petition in a suit under the Converts Marriage Dissolution Act, 1866.
Ten rupees.
(ii) Petition, plaint or memorandum of appeal when presented to a Court under the Dissolution of Muslim Marriage Act, 1939.
Ten rupees.
(iii) Petition under the Indian Divorce Act, excluding petitions under section 44 of that Act, and every memorandum of appeal under section 55 of that Act.
Thirty rupees.
(iv) Plaint or memorandum of appeal under the Parsi Marriage and Divorce Act, 1936, or a counter-claim made under section 37 of that Act.
Thirty rupees.
(v) Plaint or memorandum of appeal in a suit under the Indian Colonial Divorce Jurisdiction Act, 1926.
Fifty rupees.
(vi) Petition or memorandum of appeal under Special Marriage Act, 1954.
Thirty rupees.
(vii) Petition or memorandum of appeal under Hindu Marriage Act, 1955.
Ten rupees.
Explanation: - If, in a suit falling under any of these clauses, there is a specific claim for damages, separate fee at the rates specified in article 1 of Schedule I shall be charged on the amount of damages claimed.
2. Undertaking under section 49 of the Indian Divorce Act, 1869.
One rupee.
3. Memorandum of appeal from an order inclusive of an order determining any question under section 47 of section 144 of the Code of Civil Procedure, 1908, and not otherwise provided for when presented-
(i) to any Court other than the High Court or to any Executive Officer other than the Board of Revenue of Chief executive Authority.
Three rupees.
(ii) to the Board of Revenue or Chief Executive Authority.
Five rupees.
(iii) to the High Court - (A) From an order other than an order under 1 [the Andhra Pradesh (Andhra Area) Agriculturist’s Relief Act, 1938] -
1. Substituted for the original short title by the First Schedule to the Andhra Pradesh Laws (Amendment of Short Titles) Act, 1961 (Andhra Pradesh Act IX of 1961).
(1) Where the order was passed by a Subordinate Court or other authority -
(a) If the order relates to a suit or proceeding, the value of which exceeds one thousand rupees.
Ten rupees.
(b) In any other case. Five rupees.
(2) Where the appeal is under clause 15 of the Letters Patent-
(a) From an order passed in exercise of appellate jurisdiction.
Ten rupees.
(b) In any other case. One hundred rupees.
(3) Where the appeal is under section 45-B of the Banking Companies Act,
1949.
One hundred rupees.
(B) From an order under 1[the Andhra Pradesh (Andhra Area) Agriculturists' Relief Act, 1938.]
Two rupees.
(iv) to the Government in pursuance of a statutory right to appeal for which no court-fee is leviable under any other enactment.
Five rupees.
2[4. Memorandum of appeal under Arbitration and Conciliation Act,
1996.
1. Appeal against order on application under section 9.
Two hundred and fifty rupees.
2. Appeal against order on application under section 34,-
(a) Where the value of the subject matter does not exceed Rs.1,00,000/- Three hundred rupees.
(b) Where the value exceeds Rs.1,00,000/- but does not exceed Rs.5,00,000/-.
Six hundred rupees.
(c) Where the value exceeds Rs.5,00,000/- but does not exceed Rs.1,00,00,000/-.
One thousand and five hundred rupees.
(d) Where the value exceeds Rs.1,00,00,000/-.
Two thousand and five hundred rupees.
(3) Appeal under section 50 against the order refusing to refer the parties to arbitration under sections 45 or to refuse to enforce a foreign award under section 48.
Five hundred rupees.
(4) Appeal under section 59 against the order refusing to refer the parties to arbitration under section 54 or refusing to enforce a foreign award under sub-section (2) of section 57.
Five hundred rupees.
(5) Any other appeal under the Arbitration and Conciliation Act,
1996.
Two hundred and fifty rupees.]
5. Copy or translation of a judgment or
1. Substituted for the original short title by the First Schedule to the Andhra Pradesh Laws (Amendment of Short Titles) Act, 1961 (Andhra Pradesh Act IX of 1961).
2.Article 4 substituted by Act No.40 of 2006, S.2.
order not being a decree or having the force of a decree- 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.
When such judgment or order is passed by the High Court.
Two rupees.
6. Copy or translation of a judgment or order of a Criminal Court.
One rupee.
7. Copy of a decree or order having the force of a decree- When such decree or order is made by any Court other than the High Court-
(a) if the amount or value of the subject-matter of the suit wherein such decree or order is made is fifty or less than fifty rupees;
One rupees.
(b) if such amount or value of exceeds fifty rupees;
Two rupees.
When such decree or order is made by the High Court.
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 the original does not exceed 1[fifty naye paise;]
The amount of the duty chargeable on the original.
(b) in any other case. One rupee.
9. Copy of any revenue or judicial proceeding or order not otherwise provided for by this Act or copy of any account, statement, report, or the like taken out of any Court or office of any public officer- For every three hundred and sixty words or fraction of three hundred and sixty words.
One rupee.
1. Substituted for the words “eight annas” by section 4 (i) of the Andhra Pradesh Court-fees and Suits Valuation (Second Amendment) Act 1958 (Andhra Pradesh Act XVII of 1958).
1. Substituted by the Act No.20 of 2001, S.2.
10. (a) Application or petition presented to any officer of land revenue by any person holding temporarily settled land under direct engagement with Government and when the subjectmatter of the application or petition relates exclusively to such engagement.
One rupee.
(b) Application or petition presented to any officer of land revenue relating to the grant of land on darkhast.
One rupee.
(c) Application to a Collector for lease of land for agricultural or non-agricultural purposes.
One rupee.
(d) Application or petition presented to any Executive Officer under any Act for the time being in force for the conservancy or improvement of any place if the application or petition relates solely to such conservancy or improvement.
One rupee.
(e) Application or petition presented to any board or Executive Officer for a copy or translation of any order passed by such board or Officer or of any other document on record in such office.
One rupee.
(f) Application to a Forest Officer by a forest contractor for extension of the period of lease -
(i) if the value of the subject-matter of the lease is Rs. 5,000 or less;
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.
(g) Application for attestation of private documents intended to be used outside India.
1[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.1,000;
One rupee.
(ii) when it exceeds Rs.1,000. Two rupees.
(i) Application or petition presented to the Government and not otherwise provided for -
(i) which involves the exercise or nonexercise of power conferred by law or rule having the force of law;
Two rupees.
(ii) in other cases One rupees.
(j) Application or petition presented to the Board of Revenue or Chief Executive Authority and not otherwise provided for-
(i) which involves the exercise or nonexercise of power conferred by law or rule having the force of law;
Two rupees.
(ii) in other case. 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.
1. Substituted for the original clauses (a) and (b) and the entries relating thereto, by section 4 of the Andhra Pradesh Court-fees and Suits Valuation (Second Amendment) Act 1958 (Andhra Pradesh Act XVII of 1958).
2. Substituted by the Act No. 25 of 1984, S.2 w.e.f. 19.07.1984.
11. 1[(a) Application or petition presented to any Court for a copy or translation of any judgment, decree or any proceeding of, or order passed by, such Court or of any other document on record in such Court.
2[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 Provincial 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.]
Twenty five naye 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.
One rupee in addition to the fee leviable on the application.
(d) Application for permission to deposit revenue or rent either in the office of the Collector or in the Court.
One rupee.
(e) Application or petition presented to a Court for determination of the amount of compensation to be paid by a landlord to his tenant.
One rupee.
(f) A written complaint or charge of any offence other than an offence for which a Police officer, may, under the Code of Criminal Procedure, 1898, arrest without warrant and presented to any Criminal Court and an oral complaint of any such offence reduced to writing under the Code of Criminal Procedure,
1898.
Two rupees.
(g) Application or petition presented to any Court, or to any Magistrate in his executive capacity and not otherwise provided for in this Act.
One rupee.
(h) Application for arrest or attachment before judgement or for temporary injunction -
(i) when presented to a Civil Court or Revenue Court other than the High Court in relation to any suit or proceeding -
(1) if the value of the subject-matter is less than Rs. 50;
One rupees.
(2) if the value is Rs. 50 and above; Two rupees.
(ii) when presented to the High Court. Five rupees.
(i) Application or petition under section 47 and order XXI, rules 58 and 90 of
1. Substituted for the original short title by the First Schedule to the Andhra Pradesh Laws (Amendment of Short Titles) Act, 1961 (Andhra Pradesh Act IX of 1961).
2. Items (m) & (n) in Article 11 substituted by the Act No.40 of 2006, S.2.
the Code of Civil Procedure, 1908-
(i) when filed in a Revenue Court or a District Munsif’s Court;
One rupee.
(ii) when filed in a Subordinate Judge’s Court or a District Court;
Two rupees.
(iii) when filed in a High Court. Five rupees.
(j) Application or petition under sections 34, 72, 73 and 74 of the Indian Trusts Act, 1882.
Five rupees.
(k) (i) Application for probate or letters of administration to have effect throughout India.
Twenty-Five rupees.
(ii) Application for probate or letters of administration not falling under clause
(i) -
(1) if the value of the estate does not exceed Rs.1,000;
One rupee.
(2) if the value exceeds Rs.1,000; Five rupees.
Provided that if a caveat is entered and the application is registered as a suit, one-half the scale of fee specified in Article I of Schedule I on the market value of the estate less the fee already paid on the application shall be levied.
(l) Original petitions not otherwise provided for when filed in-
(i) a District Munsif's Court-
(1) under 1 [the Andhra Pradesh (Andhra Area) Village Courts Act, 1888;]
One rupee.
(2) in other cases. Three rupees.
(ii) a Subordinate Judge's Court or a District Court;
Five rupees.
(iii) the High Court Twenty rupees.
2[(m) Application to set aside an Award under section 34 of the Arbitration and Conciliation Act, 1996,-
(a) Where the value of the subject matter does not exceed Rs.1,00,000/-.
Two hundred rupees
(b) Where the value exceeds Rs.1,00,000/- but does not exceed Rs.5,00,000/-.
Five hundred rupees
(c) Where the value exceeds Rs.5,00,000/- but does not exceed Rs.1,00,00,000/-.
One thousand rupees
(d) Where the value exceeds Rs.1,00,00,000/- Two thousand rupees
(n) (a) application under sub-section (2) of section 14 or section 27 or subsection (2) of section 39 or sub-section
(3) of section 43 of the Arbitration and Conciliation Act, 1996;
Two hundred rupees.
(b) Application under section 9 other than in a pending proceedings under the Arbitration and Conciliation Act, 1996;
Two hundred and fifty rupees
(c) Any other application; One hundred rupees.]
(o) Petition to the High Court for the
1. See now the Companies Act, 1956 (Central Act 1 of 1956).
2. See now the provisions under the Code of Criminal Procedure, 1973 (Act 2 of 1974).
admission of an Advocate, Attorney or Vakil.
Twenty rupees
(p) Application presented to the High Court under section 24 of the Press (Objectionable Matter) Act, 1951.
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
(ii) if such value exceeds Rs.1,000 Ten rupees
(r) Petition under sections 153, 166 and 221 of 1 [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.
One Hundred rupees.
(t) Application under section 45 of the Specific Relief Act, 1877 One hundred rupees.
(u) Application or petition presented to the High Court and not otherwise specifically provided for.
Two rupees.
(v) Election petition questioning the election of a person in respect of-
(i) the office of member of a Panchayat; Twenty-five rupees.
(ii) the office of President of a Panchayat;
Fifty Rupees.
(iii) the office of a member of municipal council or a district board;
One hundred Rupees.
(iv) the office of Chairman of a municipality or president of a district board.
Two hundred rupees.
(w) Application under section 145 of 2 [the Code of Criminal Procedure, 1898].
Five rupees.
12. Application for leave to sue as a pauper One rupee.
13. Application for leave to appeal as a pauper-
(i) when presented to a District Court or a Subordinate Judge's Court One rupee.
(ii) when presented to the High Court Two rupees.
14. (i) Bail bond or other instrument of obligation when filed in village courts.
One rupee.
(ii) Bail bond or other instrument of obligation given in pursuance of an order made by a court or magistrate under any section of the Code of Criminal Procedure, 1898, or the Code of Civil Procedure, 1908, and not otherwise provided for in this Act.
One rupee.
15. Every copy of power-of-attorney when filed in any suit or proceeding.
One rupee.
16. Mukhtarnama, Vakalatnama or any paper signed by an advocate signifying or intimating that he is retained for a party- When presented -
(i) to any Court other than the High Court or to any Collector or Magistrate or other executive officer;
Two rupees.
(ii) to the Board of Revenue or a Chief Executive Authority;
Three rupees.
(iii) to the High Court Five rupees.
(iv) to the Government Five rupees.
17. Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure, 1908-
(i) when presented to a District Munsif's Court.
Fifteen rupees.
(ii) in any other case One hundred rupees.
18. Caveat Ten Rupees.
SCHEDULE III
PART I (See sections 52 and 53) Form of Valuation (to be used with such modifications, if any, as may be necessary) of Estate.
IN THE COURT OF RE: PROBATE OF THE WILL OF (OR ADMINISTRATION OF THE ESTATE OF ), DECEASED.
1. I (A.B.) , solemnly affirm/make oath and say that I am the executor (or one of the executors or one of the next-of-kin) of deceased, and that I have truly set forth in Annexure A to this Form of Valuation all the estate of which the above named deceased died possessed or to which he was entitled at the time of his death, and which has come or is likely to come, to my hands.
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.
3. I further declare that the said estate exclusive only of the last mentioned was on the date of the death of the said deceased items ----------------------------------------------------------------------------under 1is the value of
4. I (A.B.) further declare that what is stated in this Form of Valuation is true to the best of my information and belief.
(Signed) A.B.___________
1.This form to be used where the application is made after one year from the date of death.
SCHEDULE III– Contd.
PART I – Contd.
ANNEXURE A Valuation of the movable and immovable property of deceased.
1[Rs. nP.]
Cash in hand and at the bank, household goods, wearing apparel, books, plate, jewels and the like.
(State estimated value according to best of Executors or Administrators belief.)
Property in Government securities transferable at the Public Debt Office.
(State description and value on the date of death of the deceased or on the date of the application, as the case may be).
Immovable property, consisting of .. .. ..
(State description and market value on the date of death of the deceased or on the date of the application, as the case may be).
Leasehold property .. .. .. ..
(If the decreased held any leases for years determinable, state the period of the lease and the estimated amount of rent inserting separately arrears due on the date of the death or on the date of application as the case may be).
Property in public companies .. .. .. ..
(State the particulars and the value calculated at the price on the date of the death or on the date of application as the case may be).
Policies of insurance upon life, money out on mortgages and other securities, such as bonds, bills, notes and other securities for money.
(State the amount of the whole on the date of the death or on the date of application as the case may be).
Debts .. .. .. ..
(other than bad debts).
Stock in trade .. .. .. ..
(State the estimated value, if any). ---------------- Other property not comprised under the foregoing heads Total (State the estimated value, if any). ---------------- Deduct items shown in Annexure B in the manner provided in Sub-Section (2) of section 53 .. .. .. .. --------------- Net value of the Estate .. --------------
1. Substituted for the group of letters “Rs. A.P.” by section 5 of the Andhra Pradesh Court-fees