Section 78 of The Registration Act, 1908 — Fees to be fixed by State Government
Bare section text
Official Legislative Text
1*** 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 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 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 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. [Vide Rajasthan Act 16 of 1976, s. 4]
Educational Study Layer
Summary
- The State Government has the power to set a specific list of fees for registration services.
- Fees are fixed for the basic registration of various types of documents.
- There are set costs for searching through the official registers.
- The government sets prices for providing copies of reasons, entries, or actual documents.
- Extra fees are established for special tasks like visiting a private house or issuing a commission.
- Fees are also set for the safe storage and return of documents.
Practical examples
FAQ
1. Who decides the registration fees under Section 78 of The Registration Act, 1908?
The State Government is responsible for preparing the table of fees under Section 78 of the Act.
2. Are there fees for searching registers under Section 78 of The Registration Act, 1908?
Yes, Section 78 provides for fees for searching the registers maintained at the registration offices.
3. Does Section 78 of The Registration Act, 1908 cover fees for keeping documents safe?
Yes, the Act allows for fees to be set for the safe custody and return of documents.
Practice Quiz
Q1.Under Section 78 of The Registration Act, 1908, which authority is responsible for fixing registration fees?
Q2.Which of the following is NOT a category for which fees are set under Section 78 of The Registration Act, 1908?
Q3.Under Section 78 of The Registration Act, 1908, extra fees may be charged for:
Q4.Under Section 78 of The Registration Act, 1908, are there fees for making copies of entries before they are registered?