The Mizoram Gazette

EXTRAORDINARY

Published by Authority

RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008

VOL-XUV Aizawl,Monday 10.8.2015Sravana 19,S.E.1937,

Issue No. 385

NOTIFICATION

No.A.46022/2/2013-REV, the 5lh August, 2015. In exercise of the power conferred under section 78 of the Registration Act. 1908 (Act XVI of 1908) and in supersession of all previous notifications on the subject, the Governor of Mizoram is pleased to amend the following Table of Registration Fees for registration of documents under the said Act with immediate effect as follows:-

TABLE OF FEES

Article I: ORDINARY FEE:

(1)This Article shall apply to those documents on which registration fee is leviable on an ad valorem scale on the amount or value of the consideration or of the property to which the document relates.

(2)The registration fee on the following documents shall be levied on an ad valorem scale on the amount or value of the consideration as the case may be—

Acknowledgment (not being of the nature described in Article III), Agreement for consideration (See Note 7), Annuity Bonds (See Note 6), Award, Bond, Bill of Exchange, Bill of Sale, Lease (See Notes 4 and 8), Instrument of Assignment, Mortgage (See Notes 1 and 2), Release for consideration (not being of the nature described in Article III), Sale, Transfer, any certified copy of a decree or order of Court.

(3)The registration fee on the following documents shall be levied on an ad valorem scale on the amount or value of the property.

Composition-Deed, Partnership-Deed, Declaration of Trust, Release other than one falling under (2) above or Article III,

(4)The Registration fee on the following documents shall be leviable on an ad-valorem scale on the market value of the property on which stamp duty is charged unless the subject matter of the document is money only in which case, the registration fee shall be leviable on the amount of money.

Conveyance. Certificate of Sale, Exchange, Gift, Partition, Power of Attorney given for consideration or without consideration and authorizing the attorney to sell the property, Sale Settlement and Transfer of lease by way of assignment.

(5)The ad-valorem scale shall be -

(a)If the amount or value of the consideration or of the property to which such instrument relates is wholly expressed therein.

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SI. No.

Particulars

Amount of Fee(in Rupees)

1. 2.

When the amount of value does not exceed Rs. 20,000. 00 When the amount of value exceeds Rs. 20,000.00

100.00

0.5% subject to a maximum of Rs. 30,000.00

  • If such amount or value is only partly expressed, the same ad-valorem fee as above on the amount or value which is expressed and an additional fee of Rs. 25.00.
  • If such amount or value is not expressed at all a fixed fee as under.

SI. No.

Particulars

Amount of Fee (in Rupees)

1.

2.

3.

4.

In respect of immovable properties situated in the District Headquarters. In respect of the immoveable properties situated at any place other than those mentioned in clause 1 above. In respect of the deed of partnership In respect of moveable property

1,000.00

500.00

750.00

500.00

Note 1: Where property subject to a mortgage is sold to the mortgagee the difference between the purchase money and the amount of the mortgage in respect of such fee has already been paid, shall be considered as the amount of consideration for the deed of sale provided the mortgage deed is proved to the satisfaction of the registering officer to have been duly registered and the fact of such registration is noted in the deed of sale. When there is no difference between the purchase money and the amount of mortgage the fee leviable shall be Rs.100.00

Note 2: The fee leviable upon a document purporting to give col lateral, 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 same as for the principal or primary mortgage if the same does not exceed Rs.100.00 otherwise it shall be Rs.100.00

Note 3: In the case of an instrument of Partition the value of the separated share or shares on which stamp duty is leviable shall be deemed to be the amount or market value of the property to which such instrument relates.

Note 4: In the case of leases, the amount or value of consideration on which the ad valorem fee is to be assessed shall be as follows:-

1.

Where the rent is fixed and no fine or premium is paid or money advanced, then, if the lease is granted. -

The fee will be assessed-


(a)Where the lease purports to be for a term not exceeding three years.

For the whole amount of rent or the amount of average annual rent, whichever is lower.


(b)Where the lease purports to be for a period in excess of three years but not more than ten years.

On thrice the amount of average annual

rent.


(c)Where the lease purports to be for a period in excess often years but not more than twenty nine years, without renewal clause, contingent or otherwise.

On five times the amount of average annual rent.


(d)Where the lease purports to be for a period in excess of twenty nine years or in perpetuity or does not purport to be for any definite period or for lease for a period often years with renewal clause, ontingent or otherwise.

Ten times of the amount average annual rent.

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Where the lease is granted for fine or premium or money advanced or to be advanced and where no rent is fixed

The amount of such a fine or premium or money advanced or to be advanced

Where the lease is granted for a fine or premium or money advanced or to be advanced in addition to rent fixed.

The amount of fine or premium or money advanced or to be advanced, in addition to the fee which would have been payable on such lease, if no fine or premium or advance had been paid,

"Explanation 1 :- Rent paid in advance shall be deemed to be premium or money advanced within the meaning of this Article, even if there is a provision to set it off towards any installment or installments of rent";

Explanation II:- When a lessee undertakes to pay any recurring charges such as Government Revenue, Landlord's share of cesses or the owner's share of municipal rates or taxes, which is by law recoverable from the lessor, the amount so agreed to be paid by the lessee shall be deemed to be part of the rent,

N. B:- If a patta or lease be given to a cultivator and the kabulayat or counterpart of such patta or lease be - registered in the same office and on the same day as the patta or lease, the fee chargeable in respect of the two documents shall not be greater than the fee which would have been charged on the lease alone.

Note 5:- For the transfer of tenancy rights without consideration the fee shall be as follows:-

1

For the properties mentioned in item (i) of sub-clause (c) of clause (4) of Article 1.

Rs. 500.00

2

For the properties mentioned in item (ii) 9f sub-clause (c) of clause (4) of Article 1 .

Rs. 300.00

3

For the properties mentioned in item (iii) of sub-clause (c) of clause (4) of Article 1.

Rs. 200.00

4

For the properties mentioned in item (iv) of sub-clause (c) of clause (4) of Article 1.

Rs. 100.00

Note 6 - In case of an instrument executed to secure the payment of an annuity other sum payable periodically, the amount or value of the consideration on which the ad-valorem fee is to be assessed, shall be as follows:-


Where the sum is pavable

The fee will be assessed on

(a)

For a definite period

The total amount to be paid during the period.

(b)

In perpetuity or for an indefinite time not terminable with any life in being.

The total amount payable during the first twenty years calculated from the date on which the first payment becomes due.

(c)

For an indefinite time terminable with any life in being at the date of such instrument of conveyance.

The total amount payable during the first twelve years calculated from the date on which the first payment becomes due.

Note 7 - In the case of service bonds and agreements for the hire of movcable property, the amount or value of the consideration, on which the ad-valorem fee is to be assessed, shall be as follows:

If the service bond or agreement is granted

The fee will be assessed on

1 .For a period of a year or less

The total amount payable under the service bond or agreement

2.For a definite period exceeding one year

The average annual amount to be paid during the period

3 .For an indefinite period

The average annual amount to be paid during the first ten years .

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Note 8: If in any case the rent, remuneration or hire is payable partly in money and partly in kind and money, and the value of the portion payable in kind is not expressed, the fee shall be charged at twice the amount of the ad-valorem fee chargeable in respect of the amount payable in money; e.g. if the ad-valorem fee leviable on the amount payable in money is Rs. 100.00, the total fee leviable in respect of the document would be Rs. 100.00 on the money value, plus Rs. 100.00 for the payment in kind, if the rent or remuneration is payable entirely in kind and, if the money value is not expressed, a fixed fee as is mentioned in Article l(4)(c) shall be levied

Note 9: The fee on any instrument comprising or relating to several distinct matters shall be the aggregate of the fees with which separate instruments each comprising or relating to one of such matters, would be charged.

Note 10; In respect of confirmation deed without consideration, an ad-valorem fee under Article-1, shall be charged on the document confirmed, in addition to a fee of Rs. 100.00. In respect of such confirmation, for consideration, an ad-valorem fee under Article 1 shall be charged in addition to the fee leviable on a deed confirmed.

Note 11: In the case of power of attorney given without consideration to the mother, father, brother, sister, husband, wife, son. daughter, grandson, granddaughter or to near relative as defined under the Income Tax Act.1961 (43 of 1961), the amount of registration fee shall be Rs. 100.00 only.

Note 12: In case of document purporting or operating to affect a contract for the sale of immovable property an ad-valorem fee shall be charged on the document. The document purporting or operating to transfer by way of sale of such property and executed in pursuance of the contract shall be treated as a supplementary document and shall be subject to an ad-valorem fee subject to maximum of Rs. 25.00

Except as otherwise provided in this Article, the provisions of clause (1) shall, so for as may be, apply to documents which purport to be or to operate as agreements for the transfer any right, title, or interest in immovable property, otherwise than by way of sale and to documents which purport or operate to effect such transfers and are executed in pursuance of such agreements.

Note 13: In case of documents purporting or operating to affect a contract for the sale of immovcable property, an ad-valorem fee shall be charged on the document. The document purporting or operating to transfer, by way of sale of such property'and executed in pursuance of the said contract, shall be treated as a supplementary document and shall be accordingly charged with the fee, subject to a maximum of Rs. 100.00

Note 14: No fee shall be payable in respect of the registration of the following documents, namely,

  • Documents executed by or in favour of the State Government, to which as such, no stamp duty is
    leviable under the law for the time being in force (vide Sec 3 proviso of the Indian Stamp Act)
  • Security bonds and penalty bonds executed in favour of the State Government or local authorities by
    public servants of all classes and their sureties.
  • Mortgage bonds executed by Government employees in favour of the State Government as security
    for House Building Advances.
  • Instruments executed by persons taking advances under the Agricultural Loans Act, or by their
    sureties as security for the payment of such advances.
  • Security bonds executed by students or their sureties in favour of the State Government binding
    themselves to enter Government service on the completion of their studies.
  • Any society registered or deemed to be registered under the Mizoram Co-operative Societies Act 1991 is exempted from paying the following fees payable, namely :-

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  • All fees payable by or on behalf of any Co-operative Society for the time being registered or
    deemed to be registered under the Act,
  • All fees payable in respect of any instruments executed by an officer or member of such
    society and relating to the business thereof, with exemption of the following fees, namely ;-
  • Fees for attendance at a private residence.
  • Safe custody fees for unclaimed documents.
  • Fees for issuing summons and commissions and
  • Fees for delay in the presentation of documents or in the appearance of parties

(7)Bonds executed by Non-Gazetted or menials staff or the State Government for the due performance of their duties and bond; or mortgage deed executed by private parties as security to the Government for the due performances of their duties.

(8)Mortgage deeds executed by Government employees for securing the repayment of advances received by them from the Government for the purchase of a motor boat, motor cycle, a horse, a cycle or a type writer.

Note 15: No fee shall be payable in- respect of registration of agreements including hypothecation and mortgage deeds executed by persons in respect of loans received by them from Mizoram State K.hadi and Village Industries Board.

Note 16: No fee shall be payable in the whole of the State of Mizoram, in respect of registration of mortgage deeds or letters of guarantee or such other instruments executed by the beneficiaries of the families living below poverty line, under the Primary Sector Secondary Sector and Tetiary Sector of the Integrated Rural Development Programme, for subsidy given by the State Government or for securing repayment of loans given for purposes under the said programme by the Banks.

Note 17: No fee in excess of Rupees Twenty shall be payable in respect of registration of any instruments including mortgages, letter of guarantee hypothecation, pledge, cash, credit agreement, acknowledgement of debts and any document in connection with renewal of modification executed by the following categories of borrowers and their guarantors for securing repayment of any loans advanced to them by the banks, namely;

  • Persons given loans upto Rupees ten thousand only for starting ancillary agricultural occupations such as dairy, poultry, piggery and such other occupations;
  • Educated unemployed persons whose family income does not exceed the financial limit per annum is laid down by Government under Employment Promotion Programme;Beneficiaries from the families living below the poverty line, underthe Integrated Rural Development
  • Programme, for subsidy given by the State Government or for securing repayment of loan given forthe purposes under the said programme by the Banks.

Explanation : For the purposes of this Notification-Then 'Bank' includes all Public Sector Banks, Regional Rural Banks, all District Co-operative Banks, Land Development Banks and Private Scheduled Banks implementing Rural Development Programme,;

Note 18: No registration fees shall be payable in respect of registration of agreements including hypothecation and mortgage deeds executed by persons in respect of loans received by them from Khadi and Village Industries Commission ,New Delhi or by the branches of the commission constituted under the Khadi and Village Industries Commission Act (61 of 1956)

Note 19: Release among a family members and gift to family members a fee subject to a maximum of Rs.500.00

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Explanation: Family in relation to these purposes means father, mother, husband, wife, son, daughter, daughter-in-law, grand parents, grand children, brothers and sisters.

Article II. For the registration of a surrender of lease, the same fee as for the lease surrendered, if the same does not exceed Rs.100.00, otherwise Rs.100.

Article III. This Article shall apply to documents on which fee shall be calculated according to the ad-valorem scale in 'Article-1, subject to a certain maximum Registration fee calculated according to 'the ad-valorem scale, subject to a maximum of Rs.100, shall be levied on the following documents, namely.

  • Documents which acknowledge merely the payment of the consideration for some other document which is also a registered document which acknowledges the receipt of the consideration expressed
    in a previous registered document but not paid at the time of the execution of such document, where full ad-valorem fee has, under Article 1, been levied in respect of such previous document;
  • duplicate or duplicates presented for registration with the original document or documents, on the same day;
  • Duplicates not presented for registration with the original document or documents on the same day. but on which reference to registration of the original document or documents is quoted;

(b)Re-conveyance and releases, executed on the satisfaction of liens in mortgages which are previously registered and on which full ad-valorem fees have been levied;

(c)documents acknowledging the receipt of installments on account of mortgages which are registered and on which full ad-valorem fee has been levied;

(d)revocation of trust or settlement (see Note 1 below);

(g)Release as executed in pursuance of some other document on which full ad-valorem fee as in Article 1 has been paid (see Note 2 below).

Document which acknowledges merely the payment of the consideration for some other document which is also registered Document which acknowledges the receipt of the consideration expressed in a previous registered document but not paid at the time of the execution of such document; where full ad-valorem fee has under Article I, been levied in respect of such previous document; Re-conveyance and Releases executed on the satisfaction of liens in mortgages which are previously registered and on which full ad-valorem fees have been levied;

Documents acknowledging the receipt of installments on account of mortgages which are registered and on which full ad-valorem fee has been levied; Documents acknowledging the receipt of installments on account of mortgages which are registered and on which full ad-valorem fee has been levied; Revocation of Trust or Settlement (See Note 1 below); Duplicate or Duplicates not presented for registration with the original document or documents on the same day;

Duplicates not presented for registration with the original document or documents on the same day but on which reference to registration of the original document or documents is quoted; Release executed in pursuance of some other document on which full ad-valorem fee in Article I has been paid (see Note 2 below).

Note 1 - The revocation of Trust or Settlement mentioned in this Article is one executed in pursuance of a power to revoke reserved in the original registered deed of Trust or Settlement and a partial revocation of Trust or Settlement executed otherwise than in pursuance of such power.

Note 2 - Release executed in pursuance of another document includes release by trustees in favour of beneficiaries and vice-versa, release by settlee in favour of settlors and similar nature.

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Note 3 - In case of a release the amount or value of the interest or claim released will always be less the amount or value of the property over which a claim is released. In such cases if the amount or value of the consideration for the release is not shown, the registration fee shall be levied according to the ad-valorem scale in Article 1 but subject to maximum of the amount of fee chargeable under Article I (4) (c).

Note 4 - The fee leviable upon a document of benami transfer by benamider in favour of real owner executed in pursuance of document previously registered shall be charged on a ad-valorem scale on the a amount or value of the consideration of the property declared as trust subject to maximum of Rs.100, and Rs. 100, on the transfer of such property under Article III.

Article IV. This, Article shall apply to documents on which fixed fee is to be levied, a fixed registration fee of Rs.100 shall be levied, for the registration of the following documents,-

  • Documents seeking transfer of tenancy rights without consideration;
  • Power of Attorney not being of the nature described in clause (4) of Article I above;
  • Writing of divorcement, a certificate of heirship, guardianship, administratorship or executorships;
  • A notice of pendency of suit or proceeding referred to in section 52 of the Transfer of Property Act.
    1882;
  • Revocation of trust or settlement (see note 2 below);
  • Dissolution of partnership;
  • Agreement of pre-emption in a partition deed, or in a lease apportionment ofproperty, adoption
    deed;
  • Declaration of trade-mark, declaration, Agreement, of easement, where amount or value of
    consideration is not shown;
  • Documents which do not fall within any other Article of the said Table.

Note 1 —Where ad-valorem fee on the property to which such Trust deed relates has once been paid on the registration of a deed appointing a body of trustees for the management of any property and a subsequent deed appointing one or more Trustees in addition to or in place of some of those appointed as above is presented for registration, such subsequent deed shall be liable to fixed fee of Rs.100 under this Article.

Note 2 -The revocation of Trust or Settlement mentioned in this Article is one where a previously registered Trust or Settlement is wholly revoked otherwise than in pursuance of a power to revoke -reserved in the original deed of Trust or Settlement.

WILLS AND AUTHORITIES TO ADOPT:

Article

Particulars

Amount of Fees (in Rupees)

V

For registration of an Adoption deed or Authority to adopt not

200.00


conferred by a Will


VI

For registration of a will when presented open

100.00

VII

For cancelling a Will

100.00

VIII

For deposit of a sealed cover Containing a will, besides the



expenses of copying the superscription or contents according to

100.00


rate laid down in Article XI.


IX

For opening of sealed cover besides the expenses of copying the

50.00


superscription or contents according to rate laid down in Article XI.


X

For Withdrawal of a sealed cover.

100.00

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Article XI: RE-REGISTRATION OF DOCUMENTS:

For the re-registration of a document under section 24 of the Registration Act, 1908.

The same fee as for the registration of such document

Article XII: SEARCHES AND INSPECTIONS:


Particulars

Amount of Fees (in Rupees)

(1)

i in- fee payable for scan li !i>t i>n msjnx;ios; 'M';; MiiL'.k- enit\ or a Joa-nu-rii shall be:



(a)For the first year in the books of which search is made for each entry or document.

25.00


(b)For every additional year in the books of which search is continued for each entry or document.

25.00

(2)

The fee payable for a general search for an inspection of any number of entries or a documents relating to one and the same property or executed by or in favour of one and the same individual shall be:

25.00


(a)For the first year in the books of which search is made.

25.00


(b)For every other year in the books ot which search is continued.

10.00

Note 1: For the purpose of clause (2) of this Article, the determination of one and the same property shall be with reference to the ownership at the time of the application for a certificate of encumbrance, but the following may in each case be treated as one and the same property:

(i)A single survey field or a house, owned by more than one person,

(ii)Lands used for wet and dry cultivation situated in the same village and owned by one person or

jointly by two or more persons whether the parcels be contiguous to one another or not, (iii)A field or a garden and the house situated in it,

(iv)Building or houses described as being situated within the same boundaries and forming together one property.

Note 2: If in any application for a copy of an entry or for inspection or search of an entry, the nature of the document, 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 the entry or document, no fee for search or inspection of the indices shall be levied. But in cases where the particulars furnished by the applicant are incorrect and a search or inspection becomes necessary, the necessary fees should be levied.

Note 3: Government Officers requiting to search or inspect the Register books or Indexes for bonafide public purposes shall be exempt from the payment of fees.

Note 4: A requisition 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 see or inspect for bonafide public purposes, the register Books and indices without fees.

Note 5: When a Register Book is called for by any court, the fee for search should be levied by Court, from the party and at whose instance the register is called for.

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COPYING FEES, GRANT OF COPIES ETC.

Article

Particulars

Rate of

Fees

XIII

(i) For copying documents in the Register Books besides the registration fee for each folio of 100 words or part thereof.

Rs. 5.00

(ii) For copying endorsements on documents other than the transcription of the stamp and the Stamp-Vendors endorsement:


(a) In all cases ( other than Wills presented after the death oftestator)

Rs. 10.00

(b) In the case of Wills, presented after the death of Testator.

Rs. 10.00

Note: In reckoning the number of words, every figure, initial or abbreviation shall count as a word.


(iii)For scanning of documents besides the registration fee, for each page or part thereof.

Rs. 10.00

XIV

(i) For comparing printed or typed copies of printed or typed documents presented for registration for each folio of 1 00 words.

Rs. 10.00

(ii) For filing each such copy.

Rs. 10.00

XV

For photographing documents for insertion in the registered books, besides the ordinary reaistration fees-


i)For documents written in manuscript and typed document- a) for each page upto the size 41.9 cm. x 26.7 cm.

Rs. 2.00

ii) For each page of size larger than 4 1 .9 cm. x 26,7 cm required to be photographed in parts.

Rs. 5.00

EXPLANATION - 1) For the purposes of Articles XI, XII and XIII the expression "page" means one side of the sheet."

Note: If a party requests for a document to be photographed on priority basis, Rs. 1 00 shall be charged in addition to the regular photo copying fees, and if the party requests the document to be photographed on top priority basis; fees of Rs. 200.00 shall be charged, besides the regular photo copying fees. In respect of documents to be photographed on priority basis the document shall be returned within a period of 1 5 days from the date of receipt of the application through the concerned registration officer.

XVI

For making or granting copies of entries and documents for the benefit of any person or to be forwarded to any office under sections 65, 66 and 67 or for making or granting copies of reasons for refusal by a Registrar under section 76 for each folio or fraction of folio of 100 words.

Rs.5.00

Note: No fee for making copies of documents to be forwarded to any officer under sections 65, 66, 67 shall be payable in respect of duplicate or duplicates of a document presented for registration along with the original.

XVII

Extra copies from the preserved negatives shall be granted if the applicant applies for them.

Rs.20.00 per page

Explanation: In this Article, the expression "page" means one side of the sheet.

XVIII

For granting copies of map provided that the arrangement for and the cost of making such copy shall be made and borne by the person who applies for it.

Rs.20.00

XIX

Government officers requiring copies of entries of documents or map for bonafide public purposes shall be exempted from the payment of fees.

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Article XX: EXTRA OR ADDITIONAL FEES

(1)

For copy prepared under xerox system.

Amount

(in Rupees)

(a) For each page up to the size of 30.5 cm. x 21.5 cm.

5.00

(b)For each page of the size larger than the size, mentioned in (i) above, required to be copied in parts, for each part up to the size of 30.5 cm. x21.5 cm.

5.00

Note 1: If the party requests for a Xerox copy on priority basis, double the above fee shall be charged;

Note 2: No fee shall be leviable for granting copies of index II, in respect of a demand made at the time of registration of document, when the index is generated. If such a demand is subsequently made by the parties in writing, fee shall be leviable at the rates mentioned in clause (a) & (b) above, for granting copies.

Explanation - In this Article, the expression "page" means one side of the sheet.

(2)

Extra or Additional Fees:For registration of any document by a registrar under section 30(1), in addition to the ordinary fees

100.00

Note: When the duty of registration of any document properly registerable, by sub-registrar
is performed by the Registrar to whom he is subordinate, owing to the former being a party
to the transaction represented by such document or owing to the sub-registrar's ignorance of
the English language in which a document is written and presented to him and accompanied
by a true translation and true copy thereof, the extra fee will not be charged

(3)

For issuing a commission under section 33 or 38.

(a) If the person is physically unable to attend the office or is confined to jail.

50.00

(b) otherwise

100.00

(4)

For filing translation under section 62.

20.00

Note: The fee under this Article is not leviable when a document written in English is presented before a Sub-Registrar ignorant of the language and is accompanied by a true copy and true translation of the document.

(5)

Attendance at a private residence or jail -

1)For every attendance at a_private residence under sections 31, 33 and 38

(a) Within the limits of Municipal Council.

300.00

(b) Areas in the District Headquarters and of all other places.

200.00

2) For every attendance at Jail under sections 31, 33 and 38.

100.00

Note 1: One single fee shall be levied irrespective of the number of documents of which business is transacted, provided that a person, who is entitled to exemption from attending the registration office, was a party to each such document.

Note 2: For every attendance at private residence of a nurse or female assistant, if required to accompany a Registering Officer to take the thumb impression of one or more female executants who are pardanashin or of high birth an extra fee at the same rates prescribed in clauses (1) and (2) of this Article shall be charged, irrespective of We number of documents registered at such private attendance.".

(6)

For the safe custody and return of any document presented for registration and not claimed by a person entitled to claim it (vide sub-section (2) of section 61 of the Act) within one montr from date of receipt of notice an extra fee shall be leviable at the rate of Rs.25.00 for every month or part thereof after the first month from the date of notice.

Provided however that, maximum fee payable under this Article for each document sc required shall be Rs.25.00

Provided also that, a Registrar may, in his discretion remit whole or in part fees leviable under this Article by himself or by a registering officer subordinate to him in cases in which ii appears to him that the levy of such fees would be productive of injustice or hardship.

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Article XXI: MEMORANDUM, ATTESTATION, SUMMONS, AND WARRANT FEES


ParticularsAmount

(1)

For every copy of the memorandum to be sent under sections 64, 65 and 66.

Rs.5.00

Note: No fee shall be payable in respect of a duplicate or duplicates of a document presented for registration along with the original

(2)

For the authentication or attestation of a power of attorney.

Rs.25.00

(3)

When under section 36 read with section 39 application is made to issue; and deserve a summons or warrant, process fee of Re. 1.00 and remuneration of the person summoned at the rate from to time prescribed for the lower grade of Civil court

Re. 1.00


having jurisdiction over the place from which the summons or warrant is issued, shall be levied from the persons at whose instance, or in whose behalf, the application is made: Provided that, if more than one summons or warrant is to be served in the same town or village, the process fee leviable for each additional summons or warrant after the first shall be



This Article applies mutatis mutandis to summonses and warrants issued under section 75 of Act. The process fees shall be levied in Court fee stamps and the remuneration in cash.

(4)

One half of the registration fee and all the copying fee in respect of a document presented for registration which is withdrawn before the order of registration has been passed and in respect of a document of which registration is finally refused shall be refunded. Note: Any fine levied by the Registrar under section 25 is not to be refunded except under section 70 of the Registration Act, 1908. Similarly any fees levied for issuing commissions, summons, and for meeting attendance and traveling allowance charges shall not be refunded, if they have been earned or disbursed.

(5)

(a) A Government Department liable to pay registration charges is exempt from the payment of all fees payable under the Table of Fees, b) In cases where the fees are payable partly by a Government Department and partly by some other party the exemption under clause (a) shall extend to that part only which is payable by the Government Department.

(ZOTHANKHUMA)

Secretary to the Govt. of Mizoram,

Land Revenue & Settlement Deptt.

Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed atthe Mizoram Government Press, Aizawi. C/50