GOVERNMENT  OF  PUNJAB

DEPARTMENT  OF  REVENUE  AND  REHABILITATION

(REGISTRATION)

 

Notification

 

Chandigarh, dated the 15th April, 1980.

 

No. S. O. 25/C. A. 16/1908/SS. 78-79/80/6066:

 

            In super session of Punjab Government, Revenue Department Notification No. 36/C. A. 16/1908/SS-78-79/66, dated the 4th/7th February, 1966, and in exercise of the powers conferred by sections 78 and 79 of the Registration Act, 1908 (Central Act No. XVI of 1908), and all other powers enabling him in this behalf, the President of India is pleased to prescribe the following table of fees for the purposes of Section 78 of the said Act, namely :-

 

 

(TABLE  OF  REGISTRATION  FEES)

 

(Sections 78 and 79 of the Act)

 

            Article I.         For the Registration of Documents:-

 

            (1)        In Book I, the register of non-testamentary documents relating to immovable property:-

           

(a)

 For all optionally registerable documents except leases.

Rs. 3.00

 

(b)

For all compulsorily registerable documents (other than leases of immovable property).

1% of the value of the document, subject to a minimum of Rs. 3 and maximum of Rs. 1000.

 

If the value or consideration be only partly expressed (in addition to the advaloram fee as above on the value or consideration money expressed)

Rs. 10.00

(c)

If the value or consideration be not at all expressed, a fixed fee of Rs. 40.00

For lease of immovable property and surrender of leases --------

 

 

 

At the rates given in clause (b) above on the amount of rent of which stamp duty has been assessed under article 35 of Schedule 1-A to the Indian Stamp Act, 1899, and if the lease be exempt from stamp duty four rupees.

 

Note:    (1)        Such fee in the case of duplicates, if presented with the original, shall be two rupees only Duplicates, if not presented along with the originals shall be treated like the originals.

 

Note:    (2)        The registration fee to be paid on partition deeds shall be calculated on the value of share or shares on which stamp duty has been assessed under article 45 of Schedule 1-A to the Indian Stamp Act, 1899.

(1)               In Book No. 3, register of wills and authorities to adopt:-

 

(i)

Authorities to adopt

Rs. 40.00

(ii)

For the registration of Wills

 

  (a)

When the valuation of the property be queathed does not exceed Rs. 1,000

12.00

  (b)

When the valuation exceed Rs. 1,000

Ad-valorem fee prescribed in the this Article shall be levied subject to a maximum of forty rupees.

When the value of the property be queathed is not expressed.

50.00

 

            (3)        In Book No. 4, Miscellaneous register for documents under clauses (d) and (f) of section 18.

 

            All nontestamentary instruments relating to Book IV including sale certificate, presented for registration in original.

 

(i)

For the registration of a special power of attorney

Rs. 5.00

(ii)

For the registration of a general power of attorney.

Rs. 15.00

 

(iii)

For the registration of an adoption deed.

Rs. 30.00

(iv)

For the registration of any other document which cannot be brought under the ad-valerom scale prescribed by the preceding clauses of this Table i.e. which is incapable of valuation.

Rs. 10.00

(v)

For the registration of Trust deed

Half of the amount of stamp duty payable on the deed of this nature, subject to a minimum of three rupees.

 

            Under section 80 of the Registration Act, 1908, all the fees for the registration of documents, shall be payable on the presentation of such documents :

 

            Provided that no fee shall be levied for the registration of security bonds if any furnished by District Attorney and Assistant District Attorneys:

 

            Provided further that under the Government of India, Home Department Notification No. 376 dated the 24th April, 1914, all fees payable :-

 

(a)                by or on behalf of Cooperative Society for the time being registered under the Punjab Cooperative Societies Act, 1961 (Punjab Act No. 25 of the 1961); and

 

(b)               in respect of any instrument executed by any officer or member of such a society and relating to the business there of are mitted.

 

            Provided further that no registration fee shall be chargeable on a document relating to a gift of Bhudan Land;

 

            Provided further that no registration fee shall be chargeable on a mortgage deed executed by a borrower for securing the repayment of loan advanced to him under Village Housing Project Scheme :

 

            Provided further that no registration fees shall be chargeable on a document executed in favour of or on behalf of Government where registration fee is payable by Government.

 

            Provided further that no registration fee shall be chargeable on a document executed by Indian Nationals repatriated from Burma or Uganda and re-settled in Punjab in connection with business loans granted and other rehabilitation assistance given to them by the Punjab Government.

 

            Provided further that no registration fee shall be chargeable on the mortgage deeds without possession executed by the kindles wore worlers for securing the repayment of loans from any scheduled bank as defined in Reserve Bank of India Act, 1934, for the construction of their houses on the sites allotted to them by the Government of the State of Punjab.

 

            Provided further that no registration fees shall be chargeable on instrument executed by any person for securing the repayment of loan from any commercial or banking institution to meet the expenditure for any of the following purposes, namely;

 

Purchase of tractor with its accessories, tractor trolley, thrasher, installation of tubewell based on diesel engine, boring and electrification of tubewell, laying of under ground pipes, lining of water courses, leveling and reclamation of land and development of horticulture:

 

            Provided further that no registration fee shall be chargeable on any deed of mortgage without possession, for securing loan from any commercial or banking institution to meet the expenditure for any of the following purposes namely:-

 

“Purchase if inputs (Corps Loans) like fertilizers, insecticides, pesticides, weedicides, and seeds;

 

            Provided further that no registration fee shall be chargeable;

           

(i)                  On any deed of mortgage without possession executed by a member of the Backward Castes for securing the repayment of loan not exceeding thirty five thousand rupees from the Punjab Scheduled Castes Land Development and Finance Corporation, or

           

(ii)                On any deed of mortgage without possession executed by a member of the Backward Classes or economically weaker sections of the society with annual income of less than three thousand and six hundred rupees, for securing the repayment of loan not exceeding thirty five thousand rupees from the Punjab Backward Classes.   Land Development and Finance Corporation.

 

            Provided further that no registration fee shall be leviable upon a mortgage deed executed by an officer of Government in Civil or Military employ for securing the repayment of an advance received by him from the Government for the purposes of constructing or purchasing a dwelling house for his own;

 

            Note    1.         The fee on any instrument comprising or relating to several distinct matters shall be aggregate of the fees with which separate instruments catch comprising or relating to one of such matters, would be chargeable.

 

            Note    2.         An instrument so framed as to come within two or more descriptions of the documents, enumerated shall, when the fees chargeable there under are different, be charged with the highest of such fees.

 

Article II—For inspection of searches under Section 57:-

 

            General search for inspection of any number of entries or documents relating to one and the same property or executed by or in favour of one and the same individual—

 

            (a)        for the first year in the books of which.. Rs. 2.00

                        search is made.

            (b)        for every other year in the books of..                 Rs. 1.00

                        which search is continued.

            (c)        maximum                                              ..          Rs. 50.00

 

            Provided that no search fees shall be charged in respect of a document of which copy of is applied for when the names of claiming and executing parties, the nature of the document and the date or registration are shown in the application for the copy.

 

            Note:- The date of registration of documents is the date on which it is copied out in the relevant book and the endorsement under section 60 of the Registration Act, 1908 is recorded on it.

 

            Explanation I: If a search made at the request of Civil Court for the purpose ascertaining whether a specified property is encumbered or not the fee to be levied in each case shall be at the rates prescribed above.

 

            Explanation II:           If a search is made at the request of Director of Industries, Punjab, or the Manager, Punjab Financial Corporation in respect of the persons applying for loans under the Punjab State Aid to Industries Act 1935 or the State Financial Corporation Act, 1951, as the case may be, for the purpose of ascertaining whether a specified property is encumbered or not the fee to be levied in each case, shall be at the rate prescribed in this clause, and a certificate under the signature of the Registrar or Sub-Registrar shall be granted to show the result of search thus made.

 

            Explanation III:          If a search is made at the request of any of the following authorities in respect of persons applying for loans under the Punjab Cooperative Societies in respect of persons applying for loans under the Punjab Cooperative Societies Act, 1961 (Punjab Act No. 25 of 1961), or any other law on the subject for the time being in force, for the purpose of ascertaining whether a specified property is encumbered or not, the fee to be levied in each case shall be at the rate prescribed in this clause; and a certificate under the signature of a Registrar or Sub-Registrar, as the case may be, shall be granted to show the result of search thus made:-

 

(1)               the Manager, the Punjab State Cooperative Land Mortgage Banks Limited,

(2)               the Branch Managers, the Punjab State Cooperative Land Mortgage Bank Limited;

(3)               the Managers of the Central Cooperative Banks;

(4)               the Managers, the Primary Cooperative Land Mortgage Banks and

(5)               the Land Valuation Officer of the Punjab State Cooperative Land Mortgage Bank.

 

 

Article III—For making or granting of copies of reasons entries or documents (in English, Urdu, Punjabi or Hindi) before on or after registration:-

 

            (a)        When the number of words does not exceed 600..        Rs. 1.50

            For every 300 words report thereof in excess of 600 words..    Rs. 0.75

           

(b)        If the applicant requires, copy to be furnished on the day of application or in preference to other applications, an urgent fee of two rupee shall be levied over and above the fee prescribed in clause (a).

 

            Note (a)—When registration is refused neither registration fee nor copying fee is to be levied.

 

            Copies of reasons granted before registration are those which in case of refused registration are given on the application made by any person executing or claiming under the document as provided in Section 76 of the Act.

 

            Note(b)—When application for a copy under section 57 necessitates search, the fee specified under Article II is to be levied in addition to that chargeable under Article III.

 

            Note(c)—Government Officers who want to search the register or take copies of entries in registers for bonafide public purposes shall be exempted from the payment of the fees under Article II and III on a certificate being issued by the Registrar of the district that information is required solely in the interest of Government.

 

            Note (d)—The fees for copying maps and plans of estates or houses, etc. such as are filed in additional book I, shall be determined by the registering officers.

 

            Note(e)—No additional charges should be levied in respect of the copying of endorsements into the registration books made in accordance with sections 52, 58 to 60 of the Act.

 

 

Extra  or  additional  Fees

 

Article IV—For discretionary registration under Section 30:

 

            (1)        By the Registrar of the District under sub-section. Rs. 10.00

(I)                 and,

 

            (2)        By the Registrar whose jurisdiction is, extend to the Rs. 10.00

                        whole of India.

 

            Note:   The additional fee under this article is not payable on the registration of wills and authorities to adopt.  Nor is it to be levied in cases where the Sub-Registrar, owing to his being peculiarly interested in the transaction or to his being unacquainted with the language, in which deed is written, or for any other sufficient reasons, is unable to register himself.

 

            Article V:        For the issue of Commission and for attending at private residence:

 

            (1)        When a satisfactory certificate is produced        Rs. 14.00

                        as to sickness or infirmity

                       

                        When the person to be examined is in Jail          Rs. 7.00

 

            (2)        In all other cases                                               Rs. 14.00

 

            Note:   In addition to the above fee traveling allowance at the following rates is to be levied for the actual distance traveled over.  Provided, that the place visited is more than a one mile from the registration office.

 

            Note:   In addition to the above fee the person on whose behalf the journey referred to in paragraph 19 of the Registration Manual are performed, shall pay to Government  such additional sum as may be necessary to cover the cost of traveling allowance of registering office or person appointed to execute a commission at the following rates:-

 

(a)                In the case of whole time Government Official at the rates prescribed in the Punjab Civil Services Rules, Volume III, Traveling Allowance Rules.

 

(b)               In the case of Departmental and Honorary Sub-Registrars at the rates prescribed for Grade-IV Officers in the said Traveling Allowance Rules: Provided that halting allowance, if admissible shall be limited to three rupees per diem for other Sub-Registrar of Amritsar, and two rupees per diem for other Sub-Registrars.

 

(c)                In the case of persons appointed to execute a commission under section 33 or section 38 of the Registration Act, the same rates as are prescribed in clause (b) above for Departmental and Honorary Sub-Registrars other than those of Amritsar.

 

Article VI.       For filing translations                                         ..          Rs. 2.00

 

Article VII.     For deposit withdrawal and opening of sealed Wills:-

 

(1)        when deposited in sealed cover under section 42..         Rs.10.00

 

(2)        When withdrawn under section 44                    ..          Rs. 10.00

 

(3)        When opened under section 45             ..          Rs. 10.00

 

Note:   No fee beyond the copying fee under Article III shall be levied for copying into Book No. 3, wills opened under section 45. 

 

Article VIII.    For the authentication of power of attorney        Rs. 5.00

                        Under section 33

 

                        (a)        If such power is general            ..          Rs. 5.00

 

                        (b)        If special                                   ..          Rs. 2.50

 

Article IX.       When an application under section 36 is made to issue and to serve a summons process fee and remuneration of the person summoned, at the rates prescribed for the Civil Court of the State are to be levied from the person at whose instance or on whose behalf the application is made:

 

            Provided that when the person so summoned, is the person who has executed the document no remuneration will be allowed to him.

 

Article X.        For the safe custody of documents remaining claimed after registration or after registration is refused:-

 

            When application for return of registered documents or of a document the registration of which has been refused is made more than one months from the date of such registration or refusal and for delay in applying for the return of such document beyond one month for each fortnight or fraction thereof:

 

            Provided that the maximum fee leviable under this article in the case of single document shall not exceed ten rupees.

 

            Note (1).         A registrar is empowered in his discretion to remit, in whole or in part, fee leviable under this article by himself or by Registration Officers subordinate to him in cases in which it appears to him that levy of such fee would lead to injustice or hardship.

 

            (2)        It must be understood that no custody fee is leviable when application for the return of a document is made within one month of the date of registration.  Thus if the document be registered on the 1st April, and if the application be made after 30th April, fees are leviable as follow:-

 

            If application be made on or after the first                      ..          Rs. 0.75

            May and on or before 14th May

            If application be made on or after the 15th                     ..          Rs. 1.50

            May and on or before 28th May

            If application be made on or after the 29th                     ..          Rs. 2.25

            May on or before the 11th June

            If application be made on or after 12th               ..          Rs. 3.00

            June and on or before the 25th June

 

            If application be made between the 28th June and 9th July, and so on, an additional fee at the rate of 75 paise for each fortnight’s delay in making application for return up to a maximum of ten rupees.

 

(Sd.)...,

K. D. VASUDEVA

Secretary to Government of Punjab

Department of Revenue & Rehabilitation

 


 

 

 GOVERNMENT  OF  PUNJAB

DEPARTMENT  OF  REVENUE

(STAMP  AND  REGISTRATION  BRANCH)

 

All Collectors                           (D.Cs.) in the State.

 

Memo No. 24/80/89-ST-II/1573,

Chandigarh, dated the 26th March, 1993.

 

Subject:            Industrial Concern – Clarification regarding.

 

            A clarification was sought by certain Sub-Registrars whether the loan secured by individual from the Punjab Financial Corporation for the purchase of Swaraj Mazda Truck and Mini Bus etc. for the purpose of transportation of passengers/goods comes within the definition of “Industrial Concern” as defined in the Punjab Financial Corporation Act, 1951 and whether stamp duty is exempted on mortgage deed without possession executed by such person in view of the Revenue Department Notification No. 3070-ST-73/8241, dated the 7th July, 1973 and further clarification issued to the Collector (D.C.), Sangrur.—vide memo No. 9316-ST-II-2203, dated the 3rd  February, 1978(copy enclosed).

 

            2.         The matter has been examined by the Government and it has been observed that loan secured by individual from the Punjab Financial Corporation for purchase of Swaraj Mazda Truck and Mini Bus etc. is not covered under the term “Industrial Concern” as defined in the State Financial Corporation Act, 1951 and consequently is not exempted from payment of stamp duty on mortgage deed without possession executed by individual in favour of Punjab Financial Corporation to procure loan under Punjab Government Notification referred to above.

 

            3.         The Revenue Department’s memo No. 9316-ST-II-2203, dated the 2nd  February, 1978 will cease to operate with immediate effect.

 

            4.         The receipt of this communication may please be acknowledged.

 

(Sd/-)...,

Under Secretary to Government, Punjab,

Department of Revenue.

 


 

GOVERNMENT  OF  PUNJAB

DEPARTMENT  OF  REVENUE  AND    REHABILITATION

(STAMP  AND  REGISTRATION  BRANCH)

 

ORDER

 

The 16th December, 1996

 

No. S. O. 32/C. A. 2/1899/S. 9/96:

 

            In partial  modification of the Government of Punjab, Department of Revenue, Order No. 3088-E & T, dated the 15th July, 1948, and in exercise of the powers conferred by clause (a) sub-section (1) of section 9 of the Indian Stamp Act, 1899 (Central Act No. 2 of 1899), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to remit the duty chargeable under the aforesaid Act on the mortgage deeds without possession executed by a member of the Urban Co-operative House Building Society in favour of the Punjab State Federation of Co-operative House Building Societies Limited.

 

K. S. JANJUA

Financial Commissioner, Revenue and

Secretary to Government of Punjab,

Department of Revenue and Rehabilitation

 


 

GOVERNMENT  OF  PUNJAB

DEPARTMENT  OF  REVENUE  AND    REHABILITATION

(STAMP  AND  REGISTRATION  BRANCH)

 

Notification

 

The 16th December, 1996

 

No. S. O. 32/C. A. 2/1899/S. 9/96:

           

            In exercise of the powers conferred by sections 78 and 79 of the Registration Act, 1908 (Central Act No. XVI of 1908), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following amendment in the Government of Punjab, Department of Revenue and Rehabilitation (Registration), Notification No. S. O. 25-C. A. 16/1908/Ss. 78 and 79/80/6056, dated the 15th April, 1908, namely :-

 

AMENDMENT

 

            In the said notification, under the heading captioned as “TABLE  OF  REGISTRATION  FEES”, in Article 1, in clause (3), after the existing provisos, the following proviso shall be added, namely:-

 

            “Provided further that no registration fee shall be payable on mortgage deed without possession executed by a member of the Urban Co-operative House Building Co-operative House Building Societies Limited.”

 

K. S. JANJUA

Financial Commissioner, Revenue and

Secretary to Government of Punjab,

Department of Revenue and Rehabilitation


GOVERNMENT  OF  PUNJAB

DEPARTMENT  OF  REVENUE   AND  REHABILITATION

(STAMP  AND  REGISTRATION  BRANCH)

 

Notification

 

The 21st June, 2001

 

No. S. O. 26/C. A. 16/1908/Ss. 78 and 79/Amd./2001:         In exercise of the powers conferred by sections 78 and 79 of the Registration Act, 1908 (Central Act No. 16 of 1908) and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following amendment in the Government of Punjab is pleased to make the following amendment in the Government of Punjab, Department of Revenue and Rehabilitation, Notification No. S. O. 25/C. A. 16/1908/Ss. 78-79/80/6056, dated the 15th April, 1980, with effect from the date of publication of this notification in the Official Gazette, namely:-

 

 

AMENDMENT

 

            In the said notification, under the heading captioned as “TABLE OF REGISTRATION FEES” in Article 1, in clause (3), for the following existing provisions, namely:-

 

            “Provided further that no registration fee shall be chargeable on any instrument executed by any person for securing the repayment of loan from any commercial or banking institution to meet the expenditure for any of the following purposes, namely:-

 

Purchase of tractor with its accessories, tractor trolley, thrasher, installation of tubewell based on diesel engine,  boring and electrification of tubewell, laying of under ground pipes, lining of water courses, leveling and reclamation of land and development of horticulture.

           

             

            Provided further that no registration fee shall be chargeable on any deed of mortgage without possession, for securing loan from any commercial or banking institution to meet the expenditure for any of the following purposes, namely :-

 

“Purchase of inputs (crop loans) like fertilizers, insecticides, pesticides, weedicides and seeds,” the following provisions shall be substituted, namely:-

 

            “Provided further that no registration fee shall be chargeable on any instrument executed by any person for securing loan from a bank (Nationalized Bank, Cooperative Bank or Private Bank) Cooperative Society or Banking Institution to meet the expenditure for any agricultural purposes or purposes allied to it including machinery and building which is not used for commercial purpose), namely :-

 

(1)               Purchase of Tractor with its accessories;

(2)               Tractor Trolley;

(3)               Thrasher

(4)               Harvesting Combine/Combine;

(5)               Installation of tubewell based on diesel engine;

(6)               Boring and electrification of tubewell;

(7)               Agricultural implements;

(8)               Spray equipment;

(9)               Sprinkler, irrigation for agricultural purpose;

(10)           Purchase of pumping set;

(11)           Drip irrigation;

(12)           Purchase of inputs (crop loans like fertilizers, insecticides, pesticides, weedicides and seeds);

(13)           Cane crasher;

(14)           Gobar Gas Plants;

(15)           Animal Husbandry;

(16)           Dairy;

(17)           Piggery;

(18)           Poultry;

(19)           Fisheries;

(20)           Sheep Rearing;

(21)           Goat Rearing;

(22)           Rabbit Rearing etc.;

(23)           Calf Rearing;

(24)           Bee Keeping;

(25)           Laying of underground pipes;

(26)           Lining of water course;

(27)           Leveling and reclamation of land;

(28)           Sand scraping;

(29)           Development of horticulture;

(30)           Floriculture;

(31)           Grapes cultivation;

(32)           Mushroom;

(33)           Forestry;

(34)           Bullcart/Camelcart; and

(35)           Construction of cattle sheds.”

 

SHYAMA MANN

Financial Commissioner Revenue and

Secretary to Government of Punjab

Department of Revenue and Rehabilitation

 

 


GOVERNMENT  OF  PUNJAB

DEPARTMENT  OF  REVENUE   AND  REHABILITATION

(STAMP  AND  REGISTRATION  BRANCH)

 

ORDER

 

The 21st June, 2001

 

No. S. O. 27/C. A. 2/1899/S. 9/ Amd./2001:

 

            In supersession of Government of Punjab, Department of Revenue and Rehabilitation, Order No. C. A. II/99-S. 9/79/14485-A, dated 11th September, 1979, in exercise of the powers conferred by clause (a) of the sub-section (1) of section 9 of the Indian Stamp Act, 1899 (Central Act No. 2 of 1899), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following amendment in the Punjab Government, Revenue Department, Order No. 5819-ST-II-73/2089, dated the 15th February, 1973, from the date of publication of this order in the Official Gazette, namely:-

 

 

AMENDMENT

 

            In the said Order, for clause (d), the following clause shall be substituted, namely:-

 

            “(d)      on any instrument executed by any person for securing loan from Bank (Nationalized Bank, Co-operative Bank or Private Bank) Co-operative Society or Banking Institution to meet the expenditure for any of the agricultural purposes or purposes allied to it (including machinery and building which is not used for commercial purpose), namely:-

 

(1)               Purchase of Tractor with its accessories;

(2)               Tractor trolley;

(3)               Thrasher;

(4)               Harvesting Combine/Combine;

(5)        Installation of tubewell based on diesel engine;

(6)               Boring and electrification of tubewell;

(7)               Agricultural implements;

(8)               Spray equipment;

(9)               Sprinkler, irrigation for agricultural purpose;

(10)           Purchase of pumping set;

(11)           Drip irrigation;

(12)           Purchase of inputs (crop loans like fertilizers, insecticides, pesticides, weedicides and seeds);

(13)           Cane crasher;

(14)           Gobar Gas Plants;

(15)           Animal Husbandry;

(16)           Dairy;

(17)           Piggery;

(18)           Poultry;

(19)           Fisheries;

(20)           Sheep Rearing;

(21)           Goat Rearing;

(22)           Rabbit Rearing etc.;

(23)           Calf Rearing;

(24)           Bee Keeping;

(25)           Laying of underground pipes;

(26)           Lining of water course;

(27)           Leveling and reclamation of land;

(28)           Sand scraping;

(29)           Development of horticulture;

(30)           Floriculture;

(31)           Grapes cultivation;

(32)           Mushroom;

(33)           Forestry;

(34)           Bullcart/Camelcart; and

(35)           Construction of cattle sheds.”

 

SHYAMA MANN

Financial Commissioner Revenue and

Secretary to Government of Punjab

Department of Revenue and Rehabilitation