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Section 78: Fees to be fixed by State Government.

The Registration Act, 1908Central Act · Act 16 of 1908

*** 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]

Where this provision sits

ActThe Registration Act, 1908
Section78
Marginal noteFees to be fixed by State Government.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it1

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • omitted, Act 38 of 1920. . The words Subject to the control of the Governor-General in Council omitted by Act 38 of 1920, s. 2, and the First Schedule.
  • substituted. . Subs. by the A.O. 1950, for Provincial Government.

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