Section 78: Fees to be fixed by State Government

Registration Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908

Legal Commentary & Landmark Judgments: Section 78

Section 78 empowers the State Government to prepare a comprehensive table of fees payable for the registration of documents, searches, inspections, and copies.

  • State Table of Fees: State Government shall prepare a table of fees payable for: registration of documents, search of register-books, inspection of indexes, grant of certified copies, and home visits under Section 31.
  • Alteration Powers: State Government may from time to time alter such table of fees by gazette notification.
  • Statutory Ceiling & Regulation: Fees must bear a reasonable relationship to the administrative services rendered by the registration department.
Key Landmark Precedents:
  • State of Rajasthan v. Basant Nahata, (2005) 12 SCC 77: The Supreme Court noted that fees fixed under Section 78 must conform to constitutional standards of regulatory imposts and cannot be used as an indirect tax without legislative competence.
  • V.N. Devadoss v. Chief Revenue Control Officer, (2009) 7 SCC 438: Affirmed the distinction between registration fees under Section 78 and stamp duty under the Stamp Act.
Courtroom Practice & Strategic Litigation Guidance:

Calculate registration fees strictly in accordance with your State's notified Section 78 fee schedule; any additional 'processing' or 'expediting' demands by registry intermediaries are illegal.