(1)No document which is chargeable with fee under this Act shall-(i)be filed, exhibited or recorded in, or be acted on or furnished by, any Court including the High Court, or(ii)be filed, exhibited or recorded in any public office or be acted on 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 as chargeable under this Act:Provided that, whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee has not been paid is, in the opinion of the Court, necessary to prevent a failure of justice, nothing contained in this section shall be deemed to prohibit such filing or exhibition:[Provided further that no fees chargeable under this Act shall be payable on documents that may be filed by the State Government in any proceedings before a Civil Court including High Court.] [The proviso and the Explanation added by W.B. Act 15 of 1984.][Explanation. -] [The proviso and the Explanation added by W.B. Act 15 of 1984.] For the purposes of this proviso "documents" means and includes plaints, memorandum of appeal, petitions and papers of any kind required to be filed in connection with any proceedings before a Civil Court including High Court.(2)Notwithstanding anything contained in sub-section (1) or in any other Act, a Court may receive a plaint or memorandum of appeal in respect of which an insufficient fee has been paid subject to the condition that the plaint or memorandum of appeal shall be rejected unless the plaintiff or appellant, as the case may be, pays to the Court within a time to be fixed by the Court such reasonable sum on account of court-fees as the Court may direct.
