AAP Tax Law

Registration Act, 1908 | Part XIII - Fees for Registration, Searches and Copies

Section 78 of the Registration Act, 1908: Fees Fixed by State Government

Section 78 authorises the State Government to prepare a table of fees for registration services, including document registration, searches, certified copies and specified additional services. The amount payable depends on the applicable State fee table and amendments, not on a single nationwide rate.

Section 78 - Fees to be fixed by State Government

The State Government shall prepare a table of fees payable:

  1. for the registration of documents;
  2. for searching the registers;
  3. for making or granting copies of reasons, entries or documents, before, on or after registration;

and of extra or additional fees payable:

  1. for every registration under section 30;
  2. for the issue of commissions;
  3. for filing translations;
  4. for attending at private residences;
  5. for the safe custody and return of documents; and
  6. for such other matters as appear to the Government necessary to effect the purposes of this Act.

Meaning and scope of Section 78

State Government: The competent State authority responsible for prescribing the applicable registration fee schedule. Fee amounts, exemptions, calculation methods and payment arrangements may differ by State and may be affected by State amendments and notifications.

Registration fees: Charges for receiving and registering instruments under the Act. They are distinct from stamp duty, which arises under applicable stamp legislation, and from other service charges or taxes.

Searches and copies: Charges may apply to inspecting or searching registration records and obtaining copies of entries, documents or recorded reasons. See Section 57 on inspection and copies.

Additional services: These include commissions, translations, attendance at a private residence and safe custody or return of documents. The reference to Section 30 should be read subject to its presently applicable text and any State-specific changes.

How to check the fee payable

  1. Identify the State and the relevant Sub-Registrar or Registrar office.
  2. Check the latest fee table and notifications published by the State Registration and Stamps Department.
  3. Identify the instrument, its value where relevant, and any additional service requested.
  4. Check stamp duty separately and retain the official payment receipt.

Section 79 requires publication of the table of fees, while Section 80 concerns payment of fees on presentation. The complete Act and subsequent amendments should be consulted when applying these provisions.

Official legal resources

Consult India Code for the central Act and e-Gazette of India for central notifications. For actual fee amounts, consult the relevant State Government's official Registration and Stamps Department website and current notifications.

Historical legislative notes

The words "Subject to the control of the Governor-General in Council" were omitted by Act 38 of 1920, section 2 and the First Schedule. The expression "Provincial Government" was substituted by "State Government" by the Adaptation of Laws Order, 1950. State amendments, where applicable, must also be considered.

This article explains the central provision. It does not state any fixed registration fee for a particular State; verify the currently notified fee schedule before payment.