Chapter VII REFUNDS AND REMISSIONS

(1) Where a plaint or memorandum of appeal is rejected on the ground of delay in its re-presentation or where the fee paid on a plaint or memorandum of appeal is insufficient and the deficit fee is not paid within the time allowed by the Court, or the delay in payment of the deficit fee is not condoned and the plaint or memorandum of appeal is consequently rejected, the Court may, in its discretion, direct the refund to the plaintiff or the appellant, of the fee, either in whole or in part, paid on the plaint or memorandum of appeal which was rejected. (2) Where a memorandum of appeal is rejected on the ground that it was not presented within the time allowed by the law of limitation, one-half of the fee shall be refunded.

(1) Where a plaint or memorandum of appeal rejected by the lower Court is ordered to be received, or where a suit is remanded in appeal for a fresh decision by the lower Court, the Court making the order or remanding the appeal may direct the refund to the appellant of the full amount of fee paid on the memorandum of appeal; and, if the remand is on second appeal, also on the memorandum of appeal in the first appellate Court, and, if the remand is in Letters Patent Appeal, also on the memorandum of second appeal and memorandum of appeal in the first appellate Court. (2) Where an appeal is remanded in Second Appeal or Letters Patent Appeal for a fresh decision by the lower appellate Court, the High Court remanding the appeal may direct the refund to the appellant of the full amount of fee paid on the memorandum of Second Appeal if the remand is in Second Appeal, and of the full amount of fee paid on the Memorandum of Second Appeal and the Memorandum of Letters Patent Appeal if the remand is in Letters Patent Appeal:

The fee paid by mistake or inadvertence shall be ordered to be refunded.

Nothing contained in this Act shall render the following documents chargeable with any fee:-(i) memorandum of appearance filed by advocates or pleaders when appearing for persons proceeded against in criminal cases; (ii) application or petition to a Collector or other officer making a settlement of land revenue, or to the Board of Revenue relating to matters connected with the assessment of land, or with the ascertainment of rights thereto or interest therein, if presented previous to the final confirmation of such settlement; (iii) application for supply of water belonging to Government for irrigation; (iv) application for leave to extend cultivation or to relinquish land, when presented to an officer of land revenue by a person holding, under a direct engagement with Government, land of which revenue is settled but not permanently; (v) application for service of notice of relinquishment of land or of enhancement of rent; (vi) written authority to an agent to distrain; (vii) first application (other than a petition containing a criminal charge or information) for the summons of a witness or other person to give evidence or to produce a document or for the production or filing of an exhibit not being an affidavit made for the immediate purpose of being produced in Court; (viii) bail bonds in criminal cases other than bail bonds in village courts, recognizances to prosecute or give evidence and recognizances for personal appearance or otherwise; (ix) petition, application, charge or information respecting any offence when presented, made or laid to or before a police officer, or to or before the heads of villages or the village police; (x) petition by a prisoner or other person in duress or under restraint of any Court or its officer; (xi) complaint of a public servant as defined in Indian Penal Code, 1860 (Central Act 45 of 1860) or an officer of the State Railway relating to matters arising out of, or in connection with, the discharge of his official duty; (xii) application for the payment of money due by the Government to the applicant, other than an application for refund of lapsed deposit made six months after the date on which the amount lapsed to the Government; (xiii) petition of appeal against any municipal tax; (xiv) application for compensation under any law for the time being in force relating to the acquisition of property for public purposes; (xv) petition or appeal by a Government servant or a servant of the Court of Wards when presented to any superior officer or Government against orders of dismissal, reduction or suspension; copies of such orders filed with such appeals, and applications for obtaining such copies; (xvi) Plaints, memorandum of appeal, all types of petitions and applications, memorandum of appearance and vakalatnamas filed by the State Government or its lawyers before any court, tribunal or other authority.

The State Government may, by notification in the Andhra Pradesh Gazette, reduce or remit, in the whole or in any part of the territory of this State, or any of the fees chargeable under this Act, and may, in like manner, cancel or vary such notification.

Where an application for review of judgment is admitted on the ground of some mistake or error apparent on the face of the record and on rehearing, the Court reverses or modifies its former decision on that ground, it shall direct refund to the applicant of so much of the fee paid on the application as exceeds the fee payable on any other application to such Court under Article 11(g) and (u) of Schedule II.