Section 80Part 13

Fees payable on presentation

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

State amendments (9 · Kerala, Karnataka, Himachal Pradesh, Orissa, Haryana, Uttar Pradesh, West Bengal)

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.

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

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 32section 32, as an arrear of public revenue due on land under the provisions of the Revenue Recovery Act for the time being in force:

Proviso

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:

Proviso

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 32section 32.”.

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

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.”

Karnataka[Vide Karnataka Act 55 of 1976, s. 16]

Insertion of new Part after Part XIII-After Part XIII of the principal Act, the following Part shall be inserted, namely:- “PART XIII-A OF DEED WRITERS 80B. Deed Writers to hold licences.—No person other than an advocate or other legal practitioner, shall for payment, write deeds unless he holds a licence granted in accordance with rules made under section 69section 69".

Karnataka[Vide Karnataka Act 19 of 1980, s. 2]

Insertion of new section 80A.-After section 80 of the Registration Act, 1908 (Central Act 25 of 1908), the following section shall be and shall be deemed to have been inserted with effect from the first day of April, 1972, namely:- "80A. Recovery of registration fee not levied or short levied, etc.--(1) 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, such fee may, on a certificate of the Inspector-General of Registration, be recovered from the person who presented such document for registration, as an arrear of land revenue. The certificate of the Inspector-General shall be final and shall not be called in question in any court or before any authority:

Proviso

Provided that no such certificate shall be granted without giving such person,-- (i) an opportunity of being heard; and (ii) an opportunity to pay the amount of fee found due from him.

(2)

If on inspection or otherwise the Inspector-General of Registration finds that the amount of fees charged and paid under the provisions of this Act is in excess of that which is legally chargeable, he may, upon an application in writing or otherwise, refund the excess fee so charged and paid.

(3)

Nothing in sub-sections (1) and (2) shall apply to instruments executed prior to first day of April, 1972."

Himachal Pradesh[Vide Himachal Pradesh Act 1 of 1982, s. 2]

Insertion of new section 80-A.- In the Registration Act, 1908 (16 of 1908) after section 80, the following new section along with its heading shall be inserted and shall be deemed always to have been inserted, namely:- "80-A. Recovery of registration fee as arrears of land revenue and provision for refund.- (l) 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, such fee may, after failure to pay the same on demand within a specified period, on a certificate of the registering authority concerned, be recovered from the person who presented such document for registration under section 32section 32 as an arrear of land revenue.

(2)

Where the Registrar finds the amount of fee in excess of that which is legally chargeable has been charged and paid under the provisions of this Act, he may, upon an application in writing or otherwise, refund the excess."

Orissa[Vide Orissa Act 19 of 1991, s. 3]

Insertion of new section 80-A.— In the principal Act, after section 80, the following section shall be inserted namely:— “80-A. Recovery of deficient registration fee as arrears of land revenue.—If, on inspection or otherwise, it is found that the fee payable under this Act in relation to any document which is registered has been insufficiently paid, the deficient fee shall, after failure to pay the same on demand within the prescribed period, be recoverable from the person who presented such document as arrears of land revenue.”.

Haryana[Vide Haryana Act 36 of 1973, s. 2]

Insertion of section 80A in Central Act 16 of 1908.—After section 80 of the Registration Act, 1908, the following new section shall be inserted, namely:- "80A. Deficient amounts of fees payable and their recovery.—(1) If the value of the property or the consideration, as the case may be, has been increased under section 47A of the Indian Stamp Act, 1899, the 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 of determination of the value of the property or the consideration, as the case may be, is communicated to him.

(2)

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

Uttar Pradesh[Vide Uttar Pradesh Act 48 of 1975, s. 5]

Insertion of New section 80-A and 80-B.—After section 80 of the principal Act, the following section shall be inserted, namely :— “80A. Duty of Collector in proceedings under section 47A of the Indian Stamp Act, 1899.—(1) It shall be the duty of the Collector, if he is satisfied, during the proceedings, if any, under section 47A of the Indian Stamp Act, 1899, that the fee for registration paid under this Act in respect of a document is in deficit, to determine in the course of such proceedings the deficient amount of fee and to send a copy of the order made in the proceedings to the registering officer for the recovery of the said amount from the person liable to pay the deficient amount of stamp duty under the said section.

(2)

An order of the Collector under sub-section (1) shall be deemed to be an order made by the Collector under section 47A of the Indian Stamp Act, 1899 and shall be final.

(3)

Any amount recoverable under this section may be recovered as arrears of land revenue. 80B. Recovery of deficient registration fee as arrears of land revenue and provision for refund for excess.—(1) 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, such fee may (after failure to pay the same on demand within the prescribed period), on a certificate of Inspector-General of Registration, Additional Inspector-General of Registration or Deputy Inspector-General of Registration, be recovered from the person who presented such document for registration under section 32section 32 as arrears of land revenue. Such certificate shall be final and shall not be called in question in any court or before any authority:

Proviso

Provided that no such certificate shall be granted unless due enquiry is made and such person has been given an opportunity of being heard.

(2)

Where the Inspector-General of Registration finds that the amount of fee charged and paid exceeds that which is legally chargeable under the provisions of this Act he may, upon an application in writing or otherwise, refund the excess.”

West Bengal[Vide Bengal Act 5 of 1942, s. 9]

Insertion of new section 80A:— After Part XIII of the main Act, insert the following Parts XIIIA and XIIIB, namely:- PART XIIIA OF TOUTS 80A. Powers to frame and publish lists of touts.—(1) Every Registrar of district as regards his own office and the offices subordinate thereto and every Sub-Divisional Magistrate as regards the registration offices within his own jurisdiction may frame and publish lists of persons proved to his satisfaction or to the satisfaction of any Sub-Registrar as provided in section 80B, by evidence of general repute or otherwise, habitually to act as touts, and may, from time to time, alter and amend such lists.

(2)

No person's name shall be included in any such list until he shall have had an opportunity of showing cause against such inclusion.

(3)

Where the name of any person is included in a list framed and published by a Sub-Divisional Magistrate under this section, such person may, within thirty days of the publication of the list in which his name first appears, apply in writing to the Registrar of the district for the removal of his name from such list and the orders of the Registrar, passed after such inquiry (if any) as he considers necessary, on such application shall be final. 80B. Inquiry by Sub-Registrar regarding suspected touts.—Any Registrar of a district or Sub- Divisional Magistrate may send to any Sub-Registrar within the jurisdiction of such authority the name of any person alleged or suspected to be a tout and request the Sub-Registrar to hold an inquiry in regard to such person; and the Sub-Registrar shall thereupon hold an inquiry into the conduct of that person, and, after giving him an opportunity of showing cause as provided in sub-section (2) of section 80A, shall report to the authority who has made the request whether the person has been proved to the satisfaction of the Sub-Registrar to be a tout; and that authority may include the name of any person who has been so proved to be a tout in the list of touts framed and published by him under sub-section (1) of section 80A:

Proviso

Provided that such authority shall hear any such person who, before his name has been so included, appears before him and desires to be heard. 80C. Hanging up of lists of touts in registration offices.—A copy of every such list shall be kept hung up in every registration office to which the same relates. 80D. Exclusion of touts from precincts of registration offices.—A registering officer may, by general or special order, exclude from the precincts of his registration office any person whose name is included in any such list. 80E. Presumption as to touts found within precincts of registration offices.—Every person who having been excluded from the precincts of a registration office under section 80D is found within the precincts of any registration office without written permission from the registering officer, shall be deemed to be acting as a tout for the purposes of section 82A:

Proviso

Provided that this section shall not apply where such person is a party to a document intended for registration at such office or has been directed to appear by any process of the registering officer. 80F. Arrest and trial of touts.—(1) Any registering officer may, by an order in writing, direct any person named in the order to arrest any such tout found within the precincts of the registration office. Such tout may be arrested accordingly and shall be forthwith produced before the registering officer.

(2)

If the tout admits his offence the provisions of sections 480 and 481 of the Code of Criminal Procedure, 1898, shall be applicable, so far as may be, to his detention, trial and punishment. If the tout does not admit his offence the provisions of section 482 of the said Code shall be similarly applicable to his detention, trial and punishment,

(3)

A registering officer shall be deemed to be a Civil Court for the purposes of sections 480, 481 and 482 of the said Code. PART XIIIB OF DEED-WRITERS 80G. Power of Inspector-General to make rules relating to deed-writers.—(1) The Inspector- General shall have power, from time to time, to make rules consistent with this Act-- (a) prescribing the manner in which and terms subject to which persons who write documents outside the precincts of a registration office, or who frequent the precincts of registration offices, for the purpose of writing documents, may be granted licences;

(b)

prescribing the fees (if any) to be paid for such licences; and (c) declaring the conditions under which persons who write documents outside the precincts of registration offices without licences shall be deemed to be touts for the purposes of this Act.

(2)

The rules so made shall be submitted to the State Government for approval, and, after they have been approved, they shall be published in the Official Gazette and on publication shall have effect as if enacted in this Act.] PART XIV OF PENALTIES