Fees to be fixed by State Government
Section 78 of the Registration Act, 1908 deals with fees to be fixed by State Government. The [State Government] shall prepare a table of fees payable-- (a) for the registration of documents; The Act came into force on 01 Jan 1909.
1*** The 2[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]
Section 78, The Registration Act, 1908 (Act 16 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
State of H. P vs Shivalik Agro Poly Products
Court's Decision & Legal Precedent
The validity of a fee notification issued by the State Government under Section 78 of the Registration Act must be tested by examining whether there is a reasonable relationship (not mathematical exactitude) between the aggregate fee collections and aggregate services rendered across the entire class of contributors. A fee does not cease to be valid merely because: (a) it is collected on a graduated scale based on the value or consideration of instruments; (b) individual recipients receive services disproportionate to fees paid; (c) the collections are credited to the Consolidated Fund of the State rather than a separate fund, as mandated by Article 266 of the Constitution; or (d) the State does not segregate and exclusively allocate fees to registration department expenditure. The test of correlation is to be reckoned at the aggregate level examining totality of services against totality of receipts across the entire registration system, not at the individual level.
On this section: Statutory power of State Government to prepare a table of fees payable for registration of documents and other related matters. Court held that the State has valid authority to fix fees on graduated scale based on value of instruments.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
6 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
- Registration Fees Exemption on Lease up to 10 Years.Notification 2025
- Notification regarding Registration Act, 1908.Notification 2020
- Notification regarding Registration Act, 1908Notification 2019
- Notification regarding Registration Act, 1908.Notification 2019
- Notification under The Registration Act, 1908 in Year 2013Notification 2013
- Notification under The Registration Act, 1908Notification 2005
Questions about Section 78
What have the courts held on Section 78 of the Registration Act?
State of H. P vs Shivalik Agro Poly Products (14 Sep 2004) is the leading judgment on this section among those set out below: Statutory power of State Government to prepare a table of fees payable for registration of documents and other related matters. Court held that the State has valid authority to fix fees on graduated scale based on value of instruments.
How do I find court cases under Section 78 of the Registration Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Registration Act 78, section 78 Registration Act, section 78 of the Registration Act. People searching for it also type registration act 1908 section 78. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with State of H. P vs Shivalik Agro Poly Products (14 Sep 2004).
What should I read with Section 78 of the Registration Act, and has it changed?
Its own text turns on section 30 (Registration by Registrars in certain cases), so none of them can safely be read on its own. The rules and notifications made under it are where it actually bites, and there are 6: most recently Registration Fees Exemption on Lease up to 10 Years. (2025), then Notification regarding Registration Act, 1908. (2020), and 4 more.
When did Section 78 of the Registration Act come into force?
Section 78 of the Registration Act, cited as Registration Act 78, came into force on 01 Jan 1909, having been enacted on 18 Dec 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 89. Copies of certain orders, certificates and instruments to be sent to registering officers and filed3309 words
- 17. Documents of which registration is compulsory1430 words
- 69. Power of Inspector-General to superintend registration offices and make rules1164 words
- 80. Fees payable on presentation1120 words
- 51. Register-books to be kept in the several offices868 words
- 22. Description of houses and land by reference to Government maps or surveys737 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.