Current value of rupee considered while making changes
New categories incorporated in view of present situation
Mohinder Verma
JAMMU, Aug 4: After 100 years, the Government has revised fee structure for registration of documents in Jammu and Kashmir and kept the current value of the rupee in mind while making the changes. Moreover, several new categories of the documents have been incorporated in the fresh list so as to avoid any confusion during the computerization exercise.
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At the country level, the Registration Act was enacted in the year 1908 and it came into force on the first day of January 1909. However, in the erstwhile princely State of Jammu and Kashmir the Registration Act was framed in the year 1920 by the then Maharaja.
The objective of both the Acts was to facilitate smooth registration of documents by fixing the appropriate fee structure. While Section 78 of the Central Act confers powers on the State/UT Governments to prepare a table of fee payable for registration of documents, under Section 78 of the Jammu and Kashmir Registration Act the fee structure was defined in the legislation itself at the time of its enactment.
From October 31, 2019, the Jammu and Kashmir Registration Act, 1920 ceased to be in operation as the same was repealed as per the provisions of the Jammu and Kashmir Reorganization Act, 2019 and the Central Act became applicable to the Union Territory.
This paved the way for fixation of fee structure for registration of documents under Section 78 of the Registration Act, 1908. Accordingly, the Government asked the Revenue Department to conduct a detailed exercise and come up with the proposal for fixation of new fees for registration of documents.
During this exercise, the Revenue Department approached the statistical experts and the conclusion was drawn that one rupee in 1920 is equivalent to Rs 1875 at present. Accordingly, the fee structure for registration of documents was revised keeping in view current value of rupee.
The proposal was accordingly placed before the Lieutenant Governor Girish Chandra Murmu, who in exercise of powers conferred by Section 78 of the Registration Act, 1908, has directed that the fee structure provided under Section 78 of the J&K Registration Act (repealed) shall be deemed to have been issued under the Central Act with effect from November 1, 2019 till the date new fee structure is notified by the Government.
With this, the fee structure for registration of documents has been revised in Jammu and Kashmir after 100 years. “This is the realistic revision as we have only considered the present value of rupee in comparison to the value of rupee in the year 1920”, Dr Pawan Kotwal, Principal Secretary to the Government, Revenue Department said when contacted, adding “we have properly followed the conversion formula while revising the fee structure for registration of documents”.
He disclosed that even new categories of documents have been incorporated in the list of registration keeping in view the present situation and to ensure that there is no confusion during the computerization exercise which has already been set into motion in the Union Territory.
As per the Government notification, registration fee at the rate of 1.2% of the value of the immovable property will be charged for the sale deeds, exchange deeds and mortgage deeds. Similarly, for deeds of gift or of settlement, 0.5% of the value (subject to minimum of Rs 1000 and maximum of Rs 10,000) will be the registration fee.
Similarly, 0.5% of the value (subject to minimum of Rs 2000 and maximum of Rs 20,000) will be the registration fee for agreement of sale-cum-general power of attorney, agreement to sell, construct and develop immovable property.
For lease, license the registration fee will be 0.1% of the value while as for deposit of title deeds 0.1% (subject to a maximum of Rs 10,000) will be the registration fee. Similarly, there will be Rs 1000 registration fee for release of deposit of title deeds.
For agreement relating to pawn/pledge/hypothecation of moveable property/machinery/material/stock, registration fee will be 0.5% of the value (subject to a minimum of Rs 1000 and maximum of Rs 5000) while as for power of attorney for consideration, power of attorney given to sell/construct/develop/transfer of immovable property, the registration fee will be 0.5% of the value (subject to a minimum of Rs 1000 and maximum of Rs 20,000).
As far as deeds of partition, award directing partition, Farkhati and partnership, the registration fee will be Rs 1000; for rectification, ratification, cancellation of any deed Rs 25,00; for attestation of special power of attorney, general power of attorney other than sale Rs 1000; for wills and authorities to adopt Rs 2500; for deposit of sealed cover/opening of sealed cover of wills Rs 1000; in case of all other documents where the transaction is not susceptible of money valuation Rs 1000.
For conducting of search and issue of certified copy/encumbrance certificate the registration fee will be Rs 1000 per certificate while as Registrar concerned has been given powers to fix fee for issuance of commission under Section 38 of the Registration Act, 1908.
For attending private residences under Section 31 of the Registration Act, 1908, the registration fee will be Rs 5000 and if such residence is outside the limits of the headquarters, travelling expenses as per the fuel consumption scale fixed by the Government.
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