PREAMBLE
In
exercise of the powers conferred by section 78 of the Registration Act, 1908
(Act No. 16 of 1908), the Governor of Arunachal Pradesh is pleased to amend the
Arunachal Pradesh Registration Rules, 1993, notified vide No. Tax-7/77 dated
18th March, 1993, except as respect things done or omitted to be done before
such amendment, as under namely:
Rule - 1.
These Rules may be
called the Arunachal Pradesh Registration (Amendment) Rules, 2007.
Rule - 2.
They shall extend to
whole of Arunachal Pradesh.
Rule - 3.
They shall come into
force with immediate effect.
Rule - 4.
(i)
Omission of sub-rule (b)
and (e) of Rule 2: In the Arunachal Pradesh Registration Rules, 1993
(hereinafter referred to as Principal Rules), the sub-rule (b) and (e) of Rule
2, shall be omitted.
(ii)
Amendment of sub-rule
(f) of Rule 2: In the Principal Rules for sub-rule (f) of rule 2, the following
shall be substituted, namely "(f) "Section" means section of the
Registration Act, 1908 (Act No. 16 of 1908).
(iii)
Addition of sub-rules:
In the Principal Rules, after sub-rule (f) of Rule 2, the following shall be
added, namely:
"(g)
"Ordinary fees" means fee of the registration of documents regulated
on an advalorem scale and calculated according to value of right, title and
interest affected.
(h)
"Conveyance" means an instrument (document) whereby property, movable
or immovable is transferred by way of sale or otherwise.
(i)
"Re-conveyance" means mortgage by Conditional Sale or an instrument
where re-conveyance of property is necessary optional.
(j)
"Further Charge" means an instrument imposing a further charge on
mortgage property".
Rule - 5.Amendment of Table of fees.
In the Principal Rules,
for the heading "TABLE OF FEES" the following shall be substituted,
namely:
I-ORDINARY
FEES
The fees of the
registration of documents described below are regulated on an advalorem scale
and calculated according to the value of right, title and interest affected.
Description of Property:
Conveyance and re- conveyances, bills of sale, deeds of gift or dowers
settlement, deeds of partition, leases, deeds of mortgage or instruments of
further charge, bonds of all kinds including indemnity and security bonds,
assignments of any interest secured by a bond or mortgage deed, policies of
insurance, bills of exchange and promissory notes and generally all other
documents, viz. as acknowledgment or ordinary receipts for money received,
certificates of sale, award directing a partition, declaration of trust of the
nature of settlement, deeds of exchange of property, transfer of lease for a
consideration, assignment by a partner of his share and interest of his
co-partner on dissolution of partnership for a consideration, etc. of the
nature of those here in mentioned.
TABLE
OF ADVALOREM SCALE
|
Sl. No.
|
Description etc.
|
Fees payable
|
|
1.
|
(i) UptoRs. 1000
|
: Rs. 50
|
|
|
(ii) Rs. 1001 to Rs.
10,000
|
: Rs. 50 + 1.5%
|
|
|
(iii) Rs. 10,001 to
Rs. 1,00,000
|
: 1%
|
|
|
(iv) Rs. 1,00,001 to
Rs. 3,00,000
|
: 0.75%
|
|
|
(v) Rs. 3,00,000 to
5,00,000
|
1.%
|
|
|
(vi) Rs. 5,00,000 and
above
|
: 1.5%
|
Provided that in the
cases where any consideration is expressed, the consideration, in the case of
periodical payment other than leases and annuities, the amount payable of one
year in addition to any fine or premium or money advanced, in the case of bonds
and mortgages, the amount to be secured, and in case of a deed or partition,
the value of the separated share or shares on which stamp duty has been paid,
shall be taken to be the value of the right, title or interest affected;
2. In
the case of a lease.
|
|
(a) where by such
lease of rent, the rent is fixed and no fine or premium is paid or delivered
and no money advanced, if lease granted:
|
The registration fees
is assessed on
|
|
|
(i) for a period less
than one year
|
The total sum payable
under the lease
|
|
|
(ii) for a specified
period of one year or more
|
The average annual
rental;
|
|
|
(iii) for an
indefinite period.
|
the average annual
rental which would be payable for the first ten years if the lease continued
so long;
|
|
|
(iv) in perpetuity
|
one fifth of the whole
amount of rent which would be payable in respect of the first fifty years of
the lease;
|
|
|
(b) where such lease
is granted for a fine or premium or for money advanced where no rent is reserved.
|
the amount of such
fine, premium or money advanced.
|
|
|
(c) when such lease is
granted for a fine or premium or money advanced in addition to rent reserved
|
the aggregate amount
of such fine, premium or advance in addition to the fee which would have been
payable in such lease under Serial 2(a) above, if no fine premium or advance
had been paid or delivered.
|
3. In
the Case of Annuity Bonds.
|
|
(a) where the sum is
payable for a definite period, so that the total amount to be paid can be
previously ascertained.
|
such total amount;
|
|
|
(b) where the sum is
payable in perpetuity or for an indefinite time not terminable with any like
on being at the date of bond will or such annuity bond.
|
the total amount
which, according to the terms of such annuity may be payable during the
period of twenty years calculated from the date on which the first payment
becomes due
|
|
|
(c) where the sum is
payable for an indefinite time terminable with any like on being at the date
of such a annuity bond.
|
the maximum amount which
will, or may be payable as aforesaid during the period of twenty years
calculated from the date on which the first payment becomes due.
|
|
4.
|
That the registration
fees leviable upon a document purporting to give collateral or auxiliary or
additional, or substituted security or security by way of further assurance,
where the principal or primary mortgage is proved to the satisfaction of the
registering officer to have been duly registered, shall be the same as for
the Principal or primary mortgage if the same dose not exceed Rs. 1000
otherwise it shall be.
|
Rs. 50.00
|
|
5.
|
That if no
consideration, rent or other value be expressed in the document, the amount
payable shall be in every case.
|
Rs. 100.00
|
|
6.
|
That if a lease given
to any raiyat, and the Kabuliyat or counterpart of such lease executed by
such raiyat, be brought for registration at the same time, the fees
chargeable in respect of the two documents shall not be greater than the fee
which would have been charged upon the lease alone.
|
Rs. 100.00
|
NOTE: (i) In the case an
agricultural lease, when the kabuliyat under Serial 6 above is registered
without the payment of fees, no fees under Serial 14(a) and (b) be charged in
respect of such kabuliyat. But if a visit has to be paid or a commission issued
in respect of such Kabuliyat, the fees prescribed under Serial 19 or 20 should
be levied, and if the kabuliyat is unclaimed for more than one month from the
date of completion, the fee chargeable under Serial 25 should be realized.
(ii) It is immaterial
who actually pays the single fee due on account of the registration of a Patta
and Kabuliyat under Serial 6 but it will be charged half in the lessor and half
to the lessee. It is the desire of the State Government that the provision of
Serial 6 should be widely known throughout the country. Sub-Registrars are
responsible for specially drawing the attention of raiyat and other to
paragraph one of the broad sheet of stamp duty on agricultural leases.
(iii) A raiyat for the
purposes of Serial 6 is an actual cultivator of the ground entitled to receive
his lease should be prima facie a raiyati lease, in order to entitled to the
benefit under Serial 6 above.
7. The fee on any instrument comprising or
relating to several distinct matters be the aggregate of the fees with which
separate instruments, each comprising or relating to the one of such matters,
would be chargeable.
8. An instrument so framed as to come within
two or more descriptions of the documents enumerated shall, when the fees
chargeable thereunder are different be charged with the highest of such fees.
|
|
NOTE: (1) Separate
fees under Serial I are not leviable on the values of the individual interest
of the parties to a deed but are calculated on the total value of the
interest effected by the document.
|
|
|
|
(2) The fee for the
registration of a separate instrument acknowledging the receipt or payment of
any sum of money, whether as consideration on account of any deed of sale or
mortgage, or as rent on account of any lease or other value expressed in any
document shall be calculated ac cording to the amount received on the scale
prescribed in the foregoing Serial numbers, provided that, if any instrument
referring to the same transaction has already been registered, the fee shall
not exceed-
|
Rs. 10.00
|
|
9.
|
The fee to be paid:-
|
|
|
|
(a) for the deposit of
a sealed cover containing a will shall be
|
Rs. 30.00
|
|
|
(b) for opening such
cover in addition to the cost of copying the contents which shall be charged
according to the advalorem scale laid down in this table for the granting of
certified copies.
|
Rs. 30.00
|
|
|
(c) for the
registration of a will or authority to adopt when presented open or
revocation or cancellation of will.
|
Rs. 30.00
|
|
|
(d) for withdrawal of
a sealed cover containing a will
|
Rs. 30.00
|
|
|
Explanation:- When a
will is forwarded to any Court under section 46 of the Act, it shall be
accompanied by a memorandum of the fee for opening the cover and of the
charges for copying and it shall be the duty of the Court to levy such fee
and charges and remit them to the Registrar.
|
|
|
10.
|
The fee for the
registration of a certified copy of a decree or order of a court shall be
|
Rs. 20.00
|
|
11.
|
The fee for the
registration of an agreement for personal service shall be
|
Rs. 15.00
|
|
12.
|
(a) The fee for the
registration of a document whereby rent remuneration or hire is paid partly
in money and partly in kind and the money value of the portion payable in
kind is not expressed and
|
Rs. 15.00
|
|
|
(b) of any document of
a description not mentioned above shall be
|
Rs. 15.00
|
|
13.
|
The following
documents (other than cancellation of will) registration fee as under:-
|
|
|
|
(1) Release
|
Rs. 20.00
|
|
|
(2) Surrender of lease
|
Rs. 20.00
|
|
|
(3) Revocation of
Trust and Settlement
|
Rs. 20.00
|
|
|
(4) Partnership Deed
|
|
|
|
(a) Where the capital
expressed in the deed
|
Rs. 5.00
|
|
|
(b) Where the capital
is not expressed in the deed.
|
Rs. 500.00
|
|
|
(5) Divorce and
agreement
|
Rs. 20.00
|
|
|
(6) Dissolution of
partnership
|
|
|
|
(a) Where the capital
was uptoRs. 5000
|
Rs. 10.00
|
|
|
(b) Where the capital
was exceeding Rs. 5000 but does not exceed Rs. 10,000
|
Rs. 20.00
|
|
|
(c) Where the capital
was exceeding Rs. 10,000 but not exceeding Rs. 25,000
|
Rs. 30.00
|
|
|
(d) Where the capital
was exceeding Rs. 25,000 but not exceeding Rs. 50.000
|
Rs. 40.00
|
|
|
(e) Where the capital
was exceeding Rs. 50.000 or capital was not expressed in the original deed.
|
Rs. 50.00
|
|
14.
|
Fee payable for
inspecting or searching the indexes and the registers, etc. shall be as
follows:-
|
|
|
|
(a) for the 1st year,
for each entry of the name of persons or property contained in and in respect
of each document, for which inspection of search of the index of a specified
office is made.
|
Rs. 5.00
|
|
|
(b) for every
additional year as aforesaid
|
Rs. 3.00
|
|
|
(c) for inspection of
copy of each document in register book I (including files of copy memorandum
and sale certificate) or indexes relating to Book I or for search of copy of
each document in Register Book No. III or IV or search of inspection of any
other books or register for any particular year.
|
Rs. 5.00
|
Provided
that:-
|
|
(i) No fee for search
or inspection of the indexes of any one office in respect of any one name of
person or property contained in respect of each document shall exceed;
|
Rs. 35.00
|
|
|
(ii) No fee for search
or inspection of the indexes of any one office in respect of any number of
documents relating to one or the same property shall exceed;
|
Rs. 68.00
|
|
|
(iii) If any
application for a copy of an entry or for inspection or search of an entry
the nature of the documents, the date of registration, the register and
volume in which it is copied and its number in such volume are shown in the
application by a person who is interested in an entry or document, no fee for
search or inspection of the indexes shall be levied. But in case where the
particulars furnished by the applicant are incorrect and a search of
inspection becomes necessary the necessary fees for such inspection should be
levied.
|
|
|
|
(iv) No fee for search
or inspection need be levied in respect of application for copies of entries
in Book II, by the party concerned.
|
|
|
|
(v) Every application
for the grant of a certified copy except at the time of the registration of a
document or as provided in Serial (iii) and (iv) above, should be accompanied
by the fee necessary to trace the entry in the indexes at the above rates.
|
|
|
15.
|
(1) A call for
information from any Court or Revenue authority shall, if it necessitates
search in the register, be accompanied by the necessary fee for search, but
officers of Government shall be permitted to search or inspect for bonafide
public purposes, the register books and indexes without fee. On the occasion
of the annual enquiries prescribed by Government regarding the securities of
Mauzadara and ministerial officers, the usual fee must be paid when the
search is made by a clerk of the Registration Officer, but no fee will be
charged if the search is made by a clerk deputed by the offices making the
enquiries.
|
|
|
|
(2) When a Register
Book is called for by any Court the fee for search should be levied by the
Court, from the party at whose instance the register is called for.
|
|
|
16.
|
(1) for making of
granting copies of reasons of entries or documents before or after
registration, a fee shall be charged for every pages at the rate;
|
Rs. 5.00
|
|
|
(2) When an applicant
requires his copies to be furnished on the day of application, an extra fees,
doubled the fee prescribed in Serial (1) above shall be charged.
|
|
|
|
(3) Government
officers requiring to take copies of entries, documents or maps, for bonafide
public purposes, are exempted from payment to fees.
|
|
(4) When a trained hand for making copies or plan
is temporarily engaged, the registering officer shall personally assess the
cost, which should be reasonable, leviable in each case and the amount so
realized as cost from the parties should be paid to such copyist as his
remuneration.
(5) Co-operative societies shall have to pay the
fees under Serial (2) above when the copies are wanted on the day of
application,
(6) When an applicant requires the inspection or
search to be made urgently he shall have to pay double the fees prescribed in
Serial (2) (3) and (4) above provided that the total fees leviable under Serial
(1) and (2) will not exceed double the amount prescribed therein.
(7) Co-operative societies shall have to pay the
extra fees under Serial (6) above if they want the inspection or search to be
made urgently.
(8)
When an applicant presents a printed photostat or typed copy of a document
already registered and applies to have it certified as a true copy of the same
the fees for comparing the same shall be leviable half the amount already
levied.
IIEXTRA
OR ADDITIONAL FEES
|
17.
|
For every copy and
memorandum of a documents to be forwarded to another office under section
64-67, there shall be paid an extra fee equivalent to that paid under Serial
16(1)(2)(4) or (6) provided that the fee for a copy shall not exceed and
Memorandum of a document shall not exceed
|
Rs. 35.00
Rs. 15.00
|
|
18.
|
For registration by
any Registrars of any document under section 30(1) an extra fee equal to the
ordinary fee or Rs. 30.00 whichever is less.
|
|
|
|
Note: The additional
fee shall not be payable when an instrument is registered by a Registrar
acting as Sub-Registrar or in consequence of the Sub-Registrar by whom it
should be registered under section 29 being a party interested in the
transaction to which such instrument relates.
|
|
|
19.
|
(1) The fee for the
attendance under section 31 of the Registration Act, 1908, of an offices at a
private residence for acceptance for registration of any one document or for
deposit of any will or authority, shall be
|
Rs. 50.00
|
|
|
(2) The fee for
attendance at private residence when the presentant is so ill as to be unable
without risk to attend at the Registration Office, or at a jail, for
acceptance for registration of any one document, or for deposit of any will
or authority shall be
|
Rs. 50.00
|
|
|
Provided that two or
more persons who executed the same document reside together only one shall be
charged so far as those persons are concerned, and the fee shall be credited
to Government.
|
|
|
|
(3) Travelling
expenses for journey to perform such visit shall be realized from the party
for whose benefit the visit is to be made and appropriated by the registering
officer at the rate as admissible to Government servant as per TA Rules.
|
|
|
|
(4) For every
attendance at a private residence, if a female assistant is required to
accompany a registering officer to take thumb impression of one or more
female executants who are Pardanashin or of high birth an extra fee of Rs.
20.00 shall be charged and paid to such assistant irrespective of the number
of documents registered at such private residence.
|
|
|
|
|
|
Note: (i) If a Sub
Registrar or one of his staff pays visit in respect of a document executed in
favour of Government, the Deputy Commissioner or the other officers at whose
instance the document is to be registered may pay the prescribed fee under
Serial 19 to the Registration Department and debit the amount to his contract
grant. Any traveling allowances for such visit should be drawn and debit
against the budget of the Registration Department, if admissible under ordinary
rule.
(ii) Pardanashin women
coming to a Registering Office in pulkees or similar conveyance should not be
charged visit fees under Serial 19 if the pulkees etc., is brought as near the
office door circumstances will allow. In such cases, the women remain behind
the pardah and be identified by some of his relatives or other respectable
persons.
(iii) The fees fixed
under Serial 19(1) and (2) cover
(a)
acceptance for
registration of any documents.
(b)
acceptance and recording
admission of execution.
(c)
acceptance for deposit
of a will.
|
20.
|
(1) Before the issue
of a commission or before the registering officer or Magistrate personally
proceed to any dwelling house or jail to obtain evidence as to the voluntary
nature of the execution of the power of attorney under section 33 of the Act
and before the issue of Commission or before the registering officer
personally proceeds to any dwelling house or jail for the examination of any
person under subsection (2) of section 38 of the Act, the following fees
shall be paid credited to Government on account of persons exempted from
appearance.
|
|
|
|
(2) If the person be
exempted on account of bodily infirmity such as to make it impossible without
risk of life to attend at the registration office or because confined in
jail.......
|
Rs. 50.00
|
|
|
(3) If the person be
exempted by laws from personal appearance in Court...........
|
Rs. 50.00
|
|
|
(4) Travelling
allowances shall be realized and appropriated as provided under Serial 19
|
|
Notes: (i) Fees for
commission executed by officers of the Registration department in accordance
with the procedure laid down in Schedule-I, Order 26 of the Code of Civil
procedure (section-75(4) of the Registration Act) also be credited to the
Registration department.
(ii) The provision
regarding visit in the notes (i) and (ii) under Serial 19 will also apply to
visit or commissions under this note.
|
21.
|
For admission of a
document to registration under section-25 or section-34 of the Act after the
expiration of the time prescribed;
|
|
|
|
(i) If presented
within seven days of the time prescribed
|
Twice the fee payable
on account of such document.
|
|
|
(ii) If presented
within a month of the time prescribed
|
Four times the fee
|
|
|
(iii) If presented
within two months of the time prescribed
|
Seven times the fee
|
|
|
(iv) If presented within
three months of the time prescribed
|
Nine times the fee
|
|
|
(v) If presented
within four month of the time prescribed
|
Ten times the fee
|
|
|
(vi) The fine is
exclusive of the ordinary fees.
|
|
Explanation:
(i) When two or more copies of documents executed by the same party are
presented for registration at the same time the ordinary fee shall be payable
for each copy but extra or additional fee which is payable under Serial 17, 18,
19 and 20 shall be calculated as for one document only, irrespective of how
many copies of the documents may be registered.
(ii)
The time during which an impounded document remain with the collector for
adjudication of a stamp duty cannot be excluded in calculating the period of
four months under section 34 of the Act, so also the time during which a
document, remains with the Collector for adjudication of stamp duty cannot be
excluded in computing the period of four months under section-25 of the
Registration Act (Act No. 16 of 1908).
Notes: The fee charged
for delay in presentation under section 25 should be shown in the fee Book and
returns as under Serial 21 and at charged for delay in admission of execution
under section-34 as under Serial 21.
|
22.
|
For authentication or
attesting the execution of power of attorney are as follow:-
|
|
|
|
(i) If it is a special
power
|
Rs. 20.00
|
|
|
(ii) If it is a
General power
|
Rs. 30.00
|
Explanation:
(i) A single fee shall be levied for the attestation of a power of attorney
whatever may be the number of signatories to it, provided that all of them
appear simultaneously for examination. When they do not so appear separate fee
shall be levied for each set of persons appearing at the same time.
(ii)
The duplicate or triplicate of power of attorney presented for authentication
shall be treated as a separate power and a separate attestation fee levied
thereon.
|
23.
|
(i) The fee for
servicing summons under the provisions of section 37 of the Act shall be
regulated according to the scale in force in the Revenue Courts in the same
District.
|
|
|
|
(ii) The traveling
expenses and remuneration of witnesses shall be paid at the rate fixed by the
Registering Officer with reference to the rules for time being in force under
Rule 2(I) Order No. XVI Schedule-I of the Code of Civil procedure and must be
forwarded with the application for issue of summons.
|
|
|
24.
|
Besides the fees
payable under Serial 1 to 12 of the Advalorem Scale there shall paid for the
Registration of every documents of such length as to occupy more than two
pages of register, an extra copying fee for every page or part thereof in
excess of first two pages
|
Rs. 3.00
|
|
25.
|
When a document remain
unclaimed for more than one month after completion of registration, a fee
shall be charged for every month or part of for every month beyond the first
month after completion of registration, will be......
|
Rs. 5.00
|
Note: A Registrar is
empowered in his discretion to remit, in whole or in part fee leviable under
this Serial by himself in case in which it appears to him that their exaction
would be productive of injustice or hardship.
26. When a document
remain unclaimed for more than one month after refusal of registration, a fee
shall be charged for every month or part of for every month beyond the first
month of refusal of registration, will be Rs. 5.00 but fee shall not, however,
exceed Rs. 35.00.
Note: A registrar is
empowered in his discretion to remit, in whole or in part fee leviable under
this Serial by himself in case in which it appears to him that their exaction
would be productive of injustice or hardship.
EXEMPTION: 1. Documents executed by or in favour of
Government on which, no stamp duty is leviable as such under the law for the
time being in force (vide Section 3, provision-I of the Stamp Act.
2. Security bonds and
penalty bonds executed in favour of Government or local authorities by public
servant of all classes and their sureties.
3. Documents executed by
Priest of religious places in favour of Government.
4. Mortgage bonds
executed by Government officers in favour of Government as security for
building advances.
5. Instruments executed
by persons taking advances under the Agricultural Lands act or by their
sureties as security for the payment of such advances.
6. Security bonds
executed by students or their sureties in favour of Government binding
themselves to enter Government service on the completion of their studies.
7. Any society
registered or deemed to be registered under the Arunachal Pradesh Cooperative
Societies Act, 1978 is exempted from paying the following fees payable under
the law of registration for the time being in force namely.
(a)
All fees payable by or
on behalf of any co-operative society for the time registered or deemed to be
registered under the Act.
(b)
All fees payable in
respect of any instruments executed by an officer of member of such society and
relating to the business thereof, with the exception of the following fees:-
(i)
Fees for attendance at a
private residence.
(ii)
Safe custody fee for
unclaimed documents.
(iii)
Fees for issuing summons
and Commission, and
(iv)
Fees for delay in the
presentation of documents or in appearance of the parties.
8. Bonds executed by
Non-Gazetted or menial officers of Government for the due performance of their
duties and bonds or mortgage deeds executed by private parties as security to
Government for the due performance of their duties.
9. Mortgage deeds
executed by Government officers for securing the repayment of advances received
by them from Government for the purchase of a motor car, a motor boat, a
motorcycle, a horse, a cycle or type writer or Computer.