6. Fees on documents filed etc., in Mufassil Courts or in Public Office.
(1)Except in the Courts hereinbefore mentioned, no document of any kinds specified as chargeable in the first or second Schedule to this Act annexed shall be filed, exhibited or recorded in any Court of Justice, or shall be received or furnished by any public officer, unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document:Provided that where such document relates to any suit, appeal or other proceeding under [any law relating to land tenures or land revenue] [Substituted by U.P. Act No. 6 of 1980 (w.e.f. 21-11-1979).] the fee payable shall be three-quarters of the fee indicated in either of the said Schedules except where the amount or value of the subject-matter of the suit, appeal or proceeding to which it relates exceeds Rs. 500 :Provided further that the fee payable in respect of any such document as is mentioned in the foregoing proviso shall not be less than one and one-fourth of that indicated by either of the said Schedules before the first day of May, 1936.[Explanation. [Added by U. P. Act No. 25 of 1952, Section 3 (b).] - Where the amount of fee prescribed in the Schedules contain any fraction of a rupee below [twenty-five naye paise] or above [twenty-five naye paise] [Substituted by U. P. Act No. 20 of 1958.] but below [fifty naye paise] [Substituted by U. P. Act No. 20 of 1958.] or above [fifty naye paise] [Substituted by U. P. Act No. 20 of 1958.] but below [seventy-five naye paise] [Substituted by U. P. Act No. 20 of 1958.] or above [seventy-five naye paise] [Substituted by U. P. Act No. 20 of 1958.] but below one rupee, the proper fee shall be an amount rounded off to the next higher quarter of a rupee as hereinafter appearing in the said Schedules.](2)Notwithstanding the provisions of sub-section (1), a court may receive plaint or memorandum of appeal in respect of which an insufficient fee has been paid, but no such plaint or memorandum of appeal shall be acted upon unless the plaintiff or the appellant, as the case may be, makes good the deficiency in court fee within such time as may from time to time be fixed by the court.(3)If a question of deficiency in court fee in respect of any plaint or memorandum of appeal is raised by an officer mentioned in Section 24-A the court shall, before proceeding further with the suit or appeal, record a finding whether the court fee paid is sufficient or not. If the court finds that the court fee paid is insufficient, it shall call upon the plaintiff or the appellant, as the case may be, to make good the deficiency within such time as it may fix, and in case of default shall reject the plaint or memorandum of appeal :Provided that the Court may, for sufficient reasons to be recorded, proceed with the suit or appeal if the plaintiff or the appellant, as the case may be. gives security, to the satisfaction of the court, for payment of the deficiency in court lee within such further time as the court may allow. In no case, however, shall judgement be delivered unless the deficiency in court fee has been made good, and if the deficiency is not made good within such time as the court may from time to time allow, the court may dismiss, the suit or(4)Whenever a question of the proper amount of court fee payable is raised otherwise than under sub-section (3), the court shall decide such question before proceeding with any other issue.(5)In case the deficiency in court fee is made good within the time allowed by the Court, the date of the institution of the suit or appeal shall be deemed to be the date on which the suit was filed or the appeal presented.(6)In all cases in which the report of the officer referred to in sub-section (3) is not accepted by the Court, a copy of the findings of the court together with a copy of the plaint shall forthwith be sent to the [Commissioner of Stamps] [Substituted by U.P. Act No. 6 of 1980 (w.e.f. 21-11-1979)]
