Section 78Part 13

Fees to be fixed by State Government

The 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 30section 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.

State amendments (6 · Assam, Kerala, Orissa, Uttarakhand, Rajasthan, Uttar Pradesh)

These are amendments made by State legislatures to this section as it applies in that State. The central text above remains the base law; verify the current local text against the State gazette.

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

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."

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

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.”

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

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.”

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

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."

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

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 sub- section 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."

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

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.”