(1) The Collector may on application made to him and of he is satisfied as to the facts, make allowance for impressed court-fee stamps spoiled in the cases hereinafter mentioned, namely:-
(a) the stamp on any paper inadvertently and undersignedly spoiled, obliterated or by error in writing or by any other means rendered unfit for the purpose for which it is intended;
(b) the stamp on any paper which is written out wholly or in partly but which is not signed by any person;
15
(c) the stamp used on any paper/document which-
(i) has been afterwards found to be absolutely void in law, from the beginning;
(ii) has been afterwards found unfit, by reason of any error or mistake therein, for the purpose originally intended;
(2) Where any person has inadvertently used court-fee stamp of greater value than was necessary or has inadvertently used any stamp for a document not chargeable with any court-fee; the Collector may, on application made within six months after the date of the document or if it is not dated, within six months after signing thereof by the person by whom it was signed allow as spoiled the stamp so misused;
(3) When any person is possessed of two or more (or in the case of denomination below Rs. 5 four or more) court-fee adhesive stamps which have never been detached from each other and for which he has no immediate use, the Collector shall on application, repay to him the value of such stamps in money, deducting five paise in the rupee upon such person delivering up the same to be cancelled and proving to the Collector’s satisfaction that they were purchased by him with a bona fide intention to use them, that he has paid the full price thereof; and that they were so purchased or, in the case of impressed court-fee stamps, so purchased, spoiled or rendered useless, within a period of six months preceding the date on which they are so delivered:
Provided that the Collector may in special cases, allow refunds when application is made within one year from the date of purchase of the stamps or also in the case of impressed court-fee stamps within one year from the date on which the stamps were spoiled or rendered useless.
(4) When a licensed vendor surrenders his licence or dies, the collector may, at his discretion, if he considers that the circumstances justify the application, repay to him or his representatives, as the case may be, the value of stamps not spoiled or rendered unfit for use, returned into the General Stamp Depot or any Local Depot, as the case may be, deducting five paise in the rupee; or he may issue stamps of other values in exchange, provided that, in the case of adhesive court-fee stamps their value may not be refunded, nor stamps of other values issued in exchange, unless in cases where the value of each adhesive stamp is not less than Rs. 5 there are at least two such stamps which have never been detached from each other; and in cases where the value of each adhesive stamp is less than Rs. 5 unless there are at least four such stamps which have never been detached from each other.
(5) When adhesive stamps are attached to impressed sheets of court-fee stamps, such stamps should be regarded as impressed stamps for the purpose of refund under these rules.
(6) Where allowance is made in this rule for damaged or spoiled stamps, or where fee already paid is directed to be refunded to any person or by an order of Court, the Collector may, on the application of the person concerned, pay to him the amount of fee or where damaged or spoiled stamps are produced, he may, after satisfying himself about their genuineness give in lieu thereof the same amount or value in stamps of the same or any other description, or if the applicant so desires, the same amount or value in money provided that in all cases where money is paid in cash, deduction shall be made of five paise for each rupee or fraction thereof. No such deduction shall however be made where 16 refund is claimed in respect of any fee paid in pursuance of an order of court which has not been varied or reversed in appeal.
(By Order of the Lieutenant-Governor) M. JANAKIRAMAN, Deputy Secretary to Government.
FORM No. 1 [See sub-rule (3) of rule 4] Refund of process fees Name of Court :
Region :
Head of service chargeable :
1. Refund and Drawbacks-Revenue Refunds-Stamp-Surplus Process Fees.
In whose Amount and Serial number Name of payee Amount to Reasons Serial number name date of of the item in be refunded in for refund in the Register credited deposit in the Register of words as well of Refunds court Documents and as in figures Court-fees in which included
(1) (2) (3) (4) (5) (6 ) (7) Certified that this order of refund has been registered as Serial No….. in the Register of Refunds and noted against the original receipt entry in the detailed Register of Documents and Court-fees under my initials, and the signature of the payee has been taken in the Register of Refunds and that no previous order for refund of the same sum has been issued.
Date : Signature :
Designation :
Pay Rupees (in words) from the permanent advance and include contingent bill of the Court. the same in the Received payment.
Claimant’s signature : Presiding Officer.
High Court, Madras.
Dated :
FORM No. 2 [See rule 5 (1)] Register SI.
No.
Date General process number Nature of process Amount of money deposited Receipt Number & date Initial of the Cashi er Initial of the Chief Ministerial Officer Remarks
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9) 17 FORM No. 3 [See rule 5 (1)] Receipt book for the cash received by the Chief Ministerial Officer / Cashier.
In the Court of .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. … Book No. .. .. .. .. .. .. .. .. .. Receipt .. .. .. .. .. .. .. .. .. .
Received Rs. .. .. .. .. .. .. (Rupees .. .. .. .. .. .. .. .. .. .. .. .. .. .. only) From .. .. .. .. .. .. .. .. .. .. .. .. .. for .. .. .. .. .. .. .. .. .. .. .. in Proceedings / Case No. .. .. .. ... … .. ...
(By Order) Chief Ministerial Officer / Cahier.
FORM No. 4 [See rule 5 (2)] APPLICATION PLAINT COPIES AND ORIGINAL Date of receipt By Nazir General No. of P.S.A.
Receipt by the clerk-in-charge of records or Chief Ministerial Office.
Initials Date Description Given to process waiter Initials Date
(1) (2) (3) (4) (5) (6) (7) RECORDS ETC.
Receipt by the clerk-in-charge of records Initials Date Date on which processes prepared in courts excluded from the operation of the rules are handed over to Nazir Initial of Nazir
(8) (9) (10) (11) 18 FORM No. 5 [See rule 5 (3)] Dates General number of process service application Court Number of Process of Proceed service ing application If defective Date of Signature of Date of return party or represented pleader Nature of process
(1) (2) (3) (4) (5) (6) (7) (8) Courtfee received When process made ready Number of Original Copies Copies of plaints Number of processes calculated Number of processes declared emergent Witness batta etc.
Name of de Amount positor or of Court by which sent Rs. P.
(9) (10) (11) (12) (13) (14) (15) (16) (17) Date of despatch Name of court to which sent or process-server to whom given Returned with un-expended batta, if any Date Amount Date of return of process to Court Signature of Sarishtadar or Head Clerk Date of refund to parties Payee’s signature
(18) (19) (20) (21) Rs. P.
(22) (23) (24) (25) 19 FORM No. 6 [See rule 5 (5)] Register of application for process General No.
as per Register - B No. of suit or proceeding Nature of process Name of village Distance in kms.
Despatched Returned Batta for Witnesses Rs. P.
(1) (2) (3) (4) (5) (6) (7) Signature of processserver or amin Unexpended batta etc. for refund Nazir’s initial No. of processes calculated Manner of service
Explanation of process-server or amin for delay, if any
(6) (9) Rs. P.
(10) (11) (12) (13)