PREAMBLE
In exercise of the powers conferred by sub-section (1) of Section 75 of
the Andhra Pradesh Court Fees and Suits Valuation Act, 1956 and in supersession
of all the rules on the subject, the High Court of Andhra Pradesh has made the
following rules to regulate the fees chargeable for serving an executing the
processes issued by the High Court and Civil Courts subordinate thereto. The
said rules have been confirmed by the State Government and are hereby published
as required by sub-section (2) of Section 75 of the Act.
Rule - 1.
(1)
These rules
may be called the Process Fees Rules, 1965.
(2)
They shall
come into force on the date of their publication in the Andhra Pradesh Gazette.
Rule - 2.
In these rules, unless the context otherwise requires:
(a)
'City'
includes any town with a population of one lakh and more.
(b)
'District
Court' includes the Court of the Chief Justice and the Additional Chief Judge
of the City Civil Court at Hyderabad.
(c)
'District
Munsif's Court includes the Court of a Munsif Magistrate and the Court of an
Assistant Judge of the City Civil Court at Hyderabad.
(d)
'Sub-Court'
includes the Court of Additional Judge of the City Civil Court at Hyderabad.
(e)
'Suit'
includes all proceedings including proceedings in execution arising therefrom :
Rule - 3.
(1)
Fees shall
be levied at the rates specified in the Schedule below for serving and
executing processes issued by the High Court and the Civil Courts subordinate
thereto.
SCHEDULE
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Name of
the Process
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Amount
Leviable in Other Suits in
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Small
Causes Suits
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District
Munsif Courts
Sub-Courts,
District Courts and High Court
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(1)
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(2)
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(3)
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(4)
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Rs. Ps.
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Rs. Ps.
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Rs. Ps.
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1. For
each Sammons or Notice:
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(a) When
sent by Registered Post for each defendant, respondent to witness:
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8.00
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8.00
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9.00
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(b) When
served by an Officer of the court or sent by post to another court for
service
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Rs. Ps.
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Rs. Ps.
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Rs. Ps.
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(i) On a
defendant, respondent or witness
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8.00
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8.00
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9.00
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(ii) On
every additional defen defendant, respondent or witness in the same matter
residing in the same village or in the same locality of a city, if the
process be applied for at the same time.
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4.00
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4.00
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4.50
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Note:--In
cases where there are several minor defendants or respondents represented by
a single guardian, there shall be single service upon such guardian and only
one fee shall be charged therefore.
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I. (a)
Every order of Injunction
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..
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2.00
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3.50
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(b) Every
warrant of arrest or of committal to jail irrespective of the number of
process servers employed.
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1.75
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2.00
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3.50
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(c) Every
order of attachment.
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1.75
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2.00
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3.50
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(d) Every
proclamation of a sale
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1.75
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2.00
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3.00
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(e) Every
want of sale
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1.75
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2.00
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3.50
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(f) Every
order for delivery of possession.
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1.75
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2.00
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3.50
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(g) Every
order of process not Otherwise provided for.
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1.75
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2.00
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3.50
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Explanation:-- This shall not apply to an order for the release of a
judgment-Debtor from jail.
(2)
In respect
of every process or order enumerated in item II of the above Schedule, an
additional fee shall be levied for the services of every officer entrusted with
the process or order for each day after the third day begining with the day on
which it was issued:--
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Rs. Ps.
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If such
officer is an Amin
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2.00
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or
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If such
officer is a Peon
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The additional fee shall ordinarily be collected in advance, the journey
(to and fro) being calculated at 30 miles a day.
Each process is liable to be paid for according to the time which it
really occupies. The party must not be charged for the time occupied in serving
or executing processes other than his own, but he must pay for all the days
which his own process or processes would have occupied, if it or they had alone
been entrusted to the process server. When one applicant puts in several
processes to be served or executed had the same time in the same village or
town or in the same locality in a city the charge for an additional day
occupied on account of such processes may be distributed over them.
(3)
For
processes applied for and ordered to be executed as emergent fee shall be one
and a half times the fees chargeable under sub-rules (1) and (2) above.
(4)
Except in
the case of warrants of committal and processes served by registered post,
parties shall, in addition to the process fee prescribed in sub-rule (1) above,
deposit in the shape of court fee stamps the cost of transport from the serving
court to the place of service at the rate of 10 paise per mile, subject to a
minimum of 25 paise.
Explanation:-- The rate of transport charges fixed in the rule is
applicable to the actual distance, from the serving court to the place of
service.
(5)
In respect
of all sale whether conducted by the Court or its officers, a fee by way of
poundage shall be levied on the purchase money for each lot separately at the
following rates:--
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(i) On the
first Rs. 500/-
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10 paise
in the rupee.
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(ii) On
the next Rs.500/- or part thereof.
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5 paise in
rupee.
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(iii) On
any sum exceeding Rs. 1,000/-
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3 paise in
the rupee.
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(6)
In cases
where the party is directed by an order of the court to take out summons or
notice by registered post, the process fees alone should be levied. If such
service by post is in addition to the service by an officer of the Court, the
prescribed process fee shall be levied in respect of each kind of service:
(7)
Where a
special process server is deputed by a superior court to an outlaying court, an
additional charge shall be levied in advance at the rate of Rs. 1.25Ps. a day
for a peon and Rs. 2 a day for an Amin for the time for which he is likely to
be employed on such duty.
(8)
When one or
more persons are deputed to have the Custody of a judgment Debtor under arrest,
and additional charge shall be levied in advance at the rate of Rs. 1.25Ps. a
day for each peon up to the time fixed for the adjourned hearing.
Rule - 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.
Rule - 5.
(1)
The fees
levied under these rules shall be paid in court fee labels.
(2)
Process
applications shall immediately on presentation to the Nazir, be impressed with
the date stamp of the Nazarath and the court fee labels affixed thereon shall
be punched.
(3)
Before the
process is issued, the Nazir shall endorse on the process application a note to
the effect that the proper fee has been paid. In the case of processes to be
sent to other courts for service or execution, the note shall be endorsed on
each process also.
Rule - 6.
(1)
When a
process is forwarded by any court in any of the States in the Indian Union to a
court subordinate to the High Court for execution, such subordinate court shall
accept the certificate endorsed on the process as sufficient proof that the
proper fee therefor has been paid and shall deliver such process to the proper
officer for service and shall retransmit the process to the court by which such
process was transmitted to it with a return in Form No. 10, Appendix B, Sch- I,
Civil Procedure Code and with the endorsement of the process server showing, if
service has been effected, in what manner it has been effected, and if service
has not been effected the reason why it has not been effected and such
endorsement shall be verified by oath or affirmation of the process server.
(2)
All
processes intended to be served or executed by the Court of Small Causes,
Calcutta shall have endorsed thereon a Certificate to the effect that
conveyance charges at the rate of Rs. 1.50 Ps. for each warrant and 0.25 Ps.
for each summon have been duly collected. Otherwise, such warrants and
processes shall be returned unexecuted by the Court.
Rule - 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.
Rule - 8.
(1)
Where more
then the amount required for the service of 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.
Note:-- Fee paid on one process application and not utilised therefor
shall not be. utilised in another application whether in the same proceedings
or in different proceedings.
(2)
Applications
for refund of process 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.
(3)
Refunds of
process fee and poundage shall be debited to "XIV Stamps--B. Judicial (b)
Miscellaneous Deduct refunds--Process Service Fees". Form No. 7 Appendix
III (B) shall be used for the purpose. The refund shall, in the first instance
be made from the permanent advance with the head ministerial officer and shall
be recouped by means of contingent bills headed 'refund of process and poundage
fees' drawn on the Treasury at the end of the month. All the refund vouchers in
the prescribed form shall be attached to the contingent bills and the vouchers
shall on no account be cancelled or destroyed as in the case of sub-vouchers
for ordinary contingencies. The officer sanctioning a refund shall at the time
of signing the refund order exercise the necessary check by comparing the
vouchers with the entries in the registers maintained in court.
When a refund has to be made after a process has been transmitted for
service from one court to another the refund order shall be forwarded to the
Judge of the Court in which the process fees 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.
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High Court
of Andhra Pradesh,
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Y.
Venkateswara Rao,
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Hyderabad,
3rd December, 1965.
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Registrar.
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