Registration Act, 1908 | Part XIII - Of the fees for registration, searches and copies
Sections 79 and 80 of the Registration Act, 1908: Publication of Fees and Payment on Presentation
Sections 79 and 80 regulate two essential aspects of registration fees in India: public disclosure of the prescribed fee schedule and the time when registration fees must be paid. These provisions should be read with Section 78, which empowers the State Government to prepare the table of fees.
Section 79 - Publication of fees
Statutory text: A table of the fees so payable shall be published in the Official Gazette, and a copy thereof in English and the vernacular language of the district shall be exposed to public view in every registration office.
Section 79 requires the fee table prepared under Section 78 to be published in the Official Gazette. A copy must also be displayed prominently for public inspection in each registration office, in English and in the vernacular language of the district. The provision promotes transparency and enables persons presenting documents to ascertain the prescribed charges.
Meaning of important expressions
Official Gazette: The authorised government publication in which official notifications, rules and prescribed schedules are published. Vernacular language: The local language of the district, used to make the fee schedule accessible to local residents. Registration office: The office of the competent registering authority under the Act, including the relevant Sub-Registrar or Registrar office.
Section 80 - Fees payable on presentation
Statutory text: All fees for the registration of documents under this Act shall be payable on the presentation of such documents.
Section 80 fixes the point of payment: fees for registering a document become payable when the document is presented for registration. Presentation refers to submitting the document to the appropriate registering officer in accordance with the Act. The applicable amount is determined by the State or Union Territory fee schedule and relevant rules, rather than by a uniform nationwide rate.
How Sections 78, 79 and 80 work together
Section 78 provides for the preparation of the fee table, including registration, search and copy fees and specified additional charges. Section 79 requires publication and public display of that table. Section 80 requires payment of document-registration fees upon presentation. These provisions concern registration fees; stamp duty is a distinct levy governed by the applicable stamp law and State amendments.
Practical points before presenting a document
Check the latest published fee schedule for the State or Union Territory where registration is sought. Identify the correct registering office, ascertain the registration fee and any separate stamp duty, and retain the official receipt or electronic payment acknowledgement. Online payment and appointment facilities, where provided, operate subject to the applicable State rules and procedures.
State-specific rules: Rates, concessions, surcharges and payment procedures can vary by jurisdiction and may be amended. For current fee tables and official notifications, consult the relevant State Registration Department or its notified portal. The India Code portal provides access to central legislation; the Department of Land Resources provides information about registration-related initiatives. State amendments must also be checked.
Frequently asked questions
Must registration fees be displayed publicly?
Yes. Section 79 requires the prescribed fee table to be published in the Official Gazette and displayed in English and the district's vernacular language at every registration office.
When are registration fees payable?
Under Section 80, the fees for registering documents are payable when the documents are presented for registration, subject to applicable local rules governing payment methods.
Are registration fees and stamp duty the same?
No. Registration fees arise under the Registration Act and applicable fee schedules. Stamp duty is separately governed by the relevant stamp legislation.
