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The Registration Act

80Fees payable on presentation

All fees for the registration of documents under this Act shall be payable on the presentation of such documents.

STATE AMENDMENTS

Kerala

Insertion of new section 80 A.--After section 80 of the Registration Act, 1908 (Central Act 16 of 1908), the following section shall be inserted, namely.--

"80A. Recovery of registration fees in certain cases.--If on inspection or otherwise it is found that the fee payable under this Act in relation to any document which is registered has not been paid or has been insufficiently paid or that the fee paid has subsequently been found to be insufficient due to the fact that the value of the property or the consideration, as the case may be, has not been truly set forth in the document, such fee or the difference between the fee paid and the fee due, as the case may be, may on a certificate by the Inspector General of Registration or an officer authorised by him in that behalf, be recovered from the person who presented such document for registration under section 32, as an arrear of public revenue due on land under the provisions of the Revenue Recovery Act for the time being in force:

Provided that no such certificate shall be granted unless enquiry in the prescribed manner has been held and such person has been given a reasonable opportunity of being heard:

Provided further that no such certificate shall be granted after the expiry of a period of three years from the date of presentation of the document under section 32.".

[Vide Kerala Act 21 of 1998, s. 2]

Karnataka

Insertion of new section 80A.--After section 80 of the Registration Act, 1908 (Central Act 16 of 1908) the following section shall be inserted, namely:--

"80A. Deficient amount of fees payable and their recovery.--(1) If the value of the property has been increased under section 45A of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957), consequential increase in the fee for the registration of documents under this Act shall be paid by the person liable to pay the same within a period of thirty days from the date, the order determining the market value of the property is communicated to him.

(2) The fee payable under sub-section (1) may be recovered as an arrear of land revenue."

Vide Karnataka Act 28 of 1975, s. 2]

Karnataka

Insertion of new Part after Part XIII--After Part XIII of the principal Act, the following Part shall be inserted, namely:--

PART XIII-A

OF DEED WRITERS

80B. Deed Writers to hold licences.--No person other than an advocate or other legal practitioner, shall for payment, write deeds unless he holds a licence granted in accordance with rules made under section 69".

[Vide Karnataka Act 55 of 1976, s. 16]

Karnataka

Insertion of new section 80A.--After section 80 of the Registration Act, 1908 (Central Act 25 of 1908), the following section shall be and shall be deemed to have been inserted with effect from the first day of April, 1972, namely:--

"80A. Recovery of registration fee not levied or short levied, etc.--(1) If on inspection or otherwise, it is found that the fee payable under this Act in relation to any document which is registered has not been paid or has been insufficiently paid, such fee may, on a certificate of the Inspector-General of Registration, be recovered from the person who presented such document for registration, as an arrear of land revenue. The certificate of the Inspector-General shall be final and shall not be called in question in any court or before any authority:

Provided that no such certificate shall be granted without giving such person,--

(i) an opportunity of being heard; and

(ii) an opportunity to pay the amount of fee found due from him.

(2) If on inspection or otherwise the Inspector-General of Registration finds that the amount of fees charged and paid under the provisions of this Act is in excess of that which is legally chargeable, he may, upon an application in writing or otherwise, refund the excess fee so charged and paid.

(3) Nothing in sub-sections (1) and (2) shall apply to instruments executed prior to first day of April, 1972."

[Vide Karnataka Act 19 of 1980, s. 2]

STATE AMENDMENT

Himachal Pradesh

Insertion of new section 80-A.- In the Registration Act, 1908 (16 of 1908) after section 80, the following new section along with its heading shall be inserted and shall be deemed always to have been inserted, namely:-

"80-A. Recovery of registration fee as arrears of land revenue and provision for refund.- (l) If on inspection, or otherwise, it is found that the fee payable under this Act in relation to any document which is registered has not been paid or has been insufficiently paid, such fee may, after failure to pay the same on demand within a specified period, on a certificate of the registering authority concerned, be recovered from the person who presented such document for registration under section 32 as an arrear of land revenue.

(2) Where the Registrar finds the amount of fee in excess of that which is legally chargeable has been charged and paid under the provisions of this Act, he may, upon an application in writing or otherwise, refund the excess."

[Vide Himachal Pradesh Act 1 of 1982, s. 2]

Orissa

Insertion of new section 80-A.-- In the principal Act, after section 80, the following section shall be inserted namely:--

"80-A. Recovery of deficient registration fee as arrears of land revenue.--If, on inspection or otherwise, it is found that the fee payable under this Act in relation to any document which is registered has been insufficiently paid, the deficient fee shall, after failure to pay the same on demand within the prescribed period, be recoverable from the person who presented such document as arrears of land revenue.".

[Vide Orissa Act 19 of 1991, s. 3]

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