Sec 78 to 80 Part XIII (Of The Fees For Registration, Searches And Copies) The Registration Act, 1908

78. Fees to be fixed by State Government.—

¹*** The ² [State Government] shall prepare a table of fees payable—

(a) for the registration of documents;

(b) for searching the registers;

(c) for making or granting copies of reasons, entries or documents, before on or after registration; and of extra or additional fees payable—

(d) for every registration under section 30;

(e)for the issue of commissions;

(f) for filing translations;

(g) for attending at private residences;

(h) for the safe custody and return of document; and

(i) for such other matters as appear to the Government necessary to effect the purposes of this Act.

(1. The words “Subject to the control of the Governor-General in Council” omitted by Act 38 of 1920, s. 2,and the First Schedule.)

(2. Subs. by the A.O. 1950, for “Provincial Government”.)

STATE AMENDMENT

Assam

Insertion of new Section 78A.- In the principal Act, after the existing sections 78, the following new section 78A shall be inserted, namely:—

“78A. Power to reduce or remit fees.—

The State Government may, if in its opinion it is necessary in the public interest so to do, by order published in the Official Gazette, reduce or remit the fees payable in respect of any of the matters enumerated in clauses (a) to (i) of section 78, either generally or for any particular class of cases and in respect of persons generally or of any particular class or classes of persons, or in respect of any particular class or classes of instruments."

[Vide Assam Act 24 of 2013, s. 2]

Kerala

Amendment of section 78.-

Section 78 of the principal Act shall be renumbered as sub-section (1) of that section, and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:- 

“(2) The State Government may, if in their opinion it is necessary in the public interest so to do, by order published in the Official Gazette, remit the fees payable in respect of any of the matters encumbered in clauses (a) to (i) of sub-section (1), either generally for any particular class or classes of cases and in respect of persons generally or of any particular class or classes of persons.”

[Vide kerala Act 7 of 1968, s. 14]

Orissa

Insertion of new section 78-A.--

After section 78 of the principal Act, the following section shall be inserted, namely:—

“78-A. Power to remit fees.--

The State Government, if it is of the opinion that any instrument which involves donation of property for public charitable purpose, or involves exchange of land on the initiative of the State Government in the public interest, may, by order published in the Gazette, remit the fees payable in respect of any such instrument.”

[Vide Orissa Act 8 of 2002, s. 7]

Uttarakhand

Insertion of section 78-B.—

After section 78-A of the Principal Act, the following section shall be inserted, namely:-- 

“78-B (1) The fee for the registration of a document may be charged in the form of adhesive labels for which the Inspector-General of Registration may, with the prior approval of the State Government, make rules to regulate supply and sale thereof, the persons by whom alone such sale is to be conducted and the duties and remuneration of and the fees chargeable from such persons.

(2) The District Registrar may, on an application of a person, make allowance for the spoiled, misused or unused adhesive labels purchased for the registration of a document is accordance with the rules made by the Inspector-General of Registration with the prior approval of the State Government."

[Vide Uttarakhand Act 24 of 2014, s. 23]

Rajasthan

Amendment of section 78, Central Act XVI of 1908.—

Section 78 of the principal Act shall be renumbered as sub-section (1) thereof and after sub-section (1), as so re-numbered, the following subsection shall be added namely:-

"(2) The State Government may, if in its opinion it is necessary in the public interest so to do, by order published in the official Gazette, remit or reduce the fees payable in respect of any of the matters enumerated in clauses (a) to (i) of sub-section (1), either generally or for any particular class or classes of cases and in respect of persons generally or of any particular class or classes of persons."

[Vide Rajasthan Act 16 of 1976, s. 4]

Uttar Pradesh

After section 78 of the principal Act, the following section shall be inserted, namely :—

“78A. Power to reduce or, remit fees.—

The State Government may by rule or order published in the official Gazette, reduce or remit, whether prospectively or retrospectively, in the whole or any part of the territories under its administration, the fees chargeable in respect of any instrument or class of instruments, or in respect of any class of instruments when executed by or in favour of the State Government or any person or class of persons.”

[Vide Uttar Pradesh Act 48 of 1975, s. 4]

79. Publication of fees.—

A table of the fees so payable shall be published in the Official Gazette, and a copy thereof in English and the vernacular language of the district shall be exposed to public view in every registration office.  

80. Fees payable on presentation.—

All fees for the registration of documents under this Act shall be payable on the presentation of such documents.

STATE AMENDMENT

Kerala

Insertion of new section 80 A.—

After section 80 of the Registration Act, 1908 (Central Act 16 of 1908), the following section shall be inserted, namely.—

“80A. Recovery of registration fees in certain cases.—

If on inspection or otherwise it is found that the fee payable under this Act in relation to any document which is registered has not been paid or has been insufficiently paid or that the fee paid has subsequently been found to be insufficient due to the fact that the value of the property or the consideration, as the case may be, has not been truly set forth in the document, such fee or the difference between the fee paid and the fee due, as the case may be, may on a certificate by the Inspector General of Registration or an officer authorised by him in that behalf, be recovered from the person who presented such document for registration under section 32, as an arrear of public revenue due on land under the provisions of the Revenue Recovery Act for the time being in force:

Provided that no such certificate shall be granted unless enquiry in the prescribed manner has been held and such person has been given a reasonable opportunity of being heard:

Provided further that no such certificate shall be granted after the expiry of a period of three years from the date of presentation of the document under section 32.”.

[Vide Kerala Act 21 of 1998, s. 2]

Karnataka

Insertion of new section 80A.—

After section 80 of the Registration Act, 1908 (Central Act 16 of 1908) the following section shall be inserted, namely:- 

“80A. Deficient amount of fees payable and their recovery.—

(1) If the value of the property has been increased under section 45A of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957), consequential increase in the fee for the registration of documents under this Act shall be paid by the person liable to pay the same within a period of thirty days from the date, the order determining the market value of the property is communicated to him.

(2) The fee payable under sub-section (1) may be recovered as an arrear of land revenue.”

[Vide Karnataka Act 28 of 1975, s. 2]

Karnataka

Insertion of new Part after Part XIII-After Part XIII of the principal Act, the following Part shall be inserted, namely:-