(C)       Special Duties of Sub-Registrar.

 

64.       Procedure where document relates to land in several sub-districts: - Every Sub-Registrar on Registering a non-testamentary document relating to immovable property not wholly situate in his own sub-district shall make a memorandum thereof and of the endorsement and certificate (if any) thereon, and send the same to every other Sub-Registrar subordinate to the same Registrar as himself in whose sub-district any part of such property is situate, and such Sub-Registrar shall file the memorandum in his Book No.1.

 

65.       Procedure where document relates to land in several districts: (1) - Every Sub-Registrar on registering a non-testamentary document relating to immovable property situate in more districts than one shall also forward a copy thereof and of the endorsement and certificate (if any) thereon together with a copy of the map or plan (if any) mentioned in section 2, to the Registrar of every district in which any part of such property is situate other than the district in which his own sub-district is situate.

            (2)       The Registrar on receiving the same shall file in his Book No.1 the copy of the document and the copy of the map or plan (if any), and shall forward a memorandum of the document to each of the Sub-Registrars subordinate to him within whose sub-district any part of such property is situate; and every Sub-Registrar receiving such memorandum shall file it in his Book No.1.

 

(D)      Special Duties of Registrar

 

66.       Procedure after registration of documents relating to land: (1)-On registering any non-testamentary document relating to immovable property, the Registrar shall forward a memorandum of such document to each Sub-Registrar subordinate to himself in whose sub-district any part of the property is situate.

            (2)       The Registrar shall also forward a copy of such document together with a copy of the map or plan (if any) mentioned in section 21, to every other Registrar in whose district any part of such property is situate.

(3)       Such Registrar on receiving any such copy shall file it in his Book No.1, and shall also send a memorandum of the copy to each of the Sub-Registrars subordinate to him within whose sub-district any part of the property is situate.

(4)       Every Sub-Registrar receiving any memorandum under this section shall file it in his Book No.1.

 

67        [Omitted].     

 

(E)              Of the Controlling Powers of Registrars and Inspector-General.

 

68.       Power of registrar to superintend and control sub-registrars: (1)-Every Sub-Registrar shall perform the duties of his office under the superintendence and control of the Registrar in whose district the office of such Sub-Registrar is situate.

            (2)       Every Registrar shall have authority to issue (whether on complaint or otherwise) any order consistent with this Act which he considers necessary in respect of any act or omission of any Sub-Registrar subordinate to him or in respect of the rectification of any error regarding the book or the office in which any document has been registered.

 

69.       Power of inspector-general to superintend registration offices and make rule: (1)-The Inspector-General shall exercise a general superintendence over all the registration offices in the territories under the Local Government, and shall have power from time to time to make rules consistent with this Act –

(a)   providing for the safe custody of books, papers and documents, and also for the destruction of such books, papers and documents as need no longer be kept;

(b)   declaring what languages shall be deemed to be commonly used in each district;

(c)   declaring what territorial divisions shall be recognized under section 21;

(d)   regulating the amount of fines imposed under sections 25 and 34, respectively;

(e)   regulating the exercise of the discretion reposed in the registering officer by section 63;

(f)    regulating the form in which registering officers are to make memoranda of documents;

(g)   regulating the authentication by Registrars and Sub-Registrars of the books kept in their respective offices under section 51;

(h)   declaring the particulars to be contained in Indexes Nos. I, II, III and IV, respectively ;

(i)     declaring the holidays that shall be observed in the registration offices; and

(j)     generally regulating the proceedings of the Registrars and Sub-Registrars.

 

            (2)       The rules so made shall be submitted to the Local Government for approval, and, after they have been approved, they shall be published in the official Gazette, and on publication shall have effect as if enacted in this Act.

70.       Power of inspector-general to remit fines: - The Inspector-General may also, in the exercise of his discretion, remit wholly or in part the difference between any fine levied under section 25 or section 34, and the amount of the proper registration fee.

 

PART XII

OF REFUSAL TO REGISTER

71.       Reasons for refusal to register to be recorded: (1)-Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No.2, and endorse the words “registration refused” on the document; and, on application made by any person executive or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

            (2)       No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.

 

72.       Appeal to registrar from orders of sub registrar refusing registration on ground other than denial of execution:(1)-Except where there refusal is made on the ground of denial of execution, an appeal shall lie against an order of a Sub-Registrar refusing to admit a document to registration (whether the registration of such document is compulsory or optional) to the Registrar to whom such Sub-Registrar is subordinate, if presented to such Registrar within thirty days from the date of the order; and the Registrar may reverse or alter such order.

(2)       If the order of the Registrar directs the document to be registered and the document is duly presented for registration within thirty days after the making of such order, the Sub-Registrar shall obey the same, and thereupon shalf, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60; and such registration shall take effect as if the document had been registered when it was first duly presented for registration.

 

73.       Application to registrar where sub-registrar refuses to register on ground of denial of execution: (1)-When a Sub-Registrar has refused to register a document on the ground that any person by whom it purports to be executed, or his representative or assign, denies its execution, any person claiming under such document, or his representative, assign or agent authorized as aforesaid, may, within thirty days; after the making of the order of refusal, apply to the Registrar to whom such Sub-Registrar is subordinate in order to establish his right to have the document registered.

(2)       Such application shall be in writing and shall be accompanied by a copy of the reasons recorded under section 71, and the statements in the application shall be verified by the applicant in manner required by law for the verification of plaints.

 

74.       Procedure of registrar on such application: - In such case, and also where such denial as aforesaid is made before a Registrar in respect of a document presented for registration to him, the Registrar shall, as soon as conveniently may be, enquire –

(a)              whether the document has been executed;

(b)              whether the requirements of the law for the time being in force have been complied with on the part of the applicant or person presenting the document for registration as the case may be, so as to entitle the document to registration.

75.       Order by registrar to register and procedure thereon: (1)-If the Registrar finds that the document has been executed and that the said requirements have been complied with, he shall order the document to be registered.

(2)       If the document is duly presented for registration within thirty days after the making of such order the registering officer shall obey the same and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60.

(3)       Such registration shall take effect as if the document had been registered when it was first duly presented for registration.

(4)       The Registrar may, for the purpose of any enquiry under section 74, summon and enforce the attendance of witnesses, and compel them to give evidence, as if he were a civil court, and he may also direct by whom the whole or any part of the costs of any such enquiry shall be paid, and such costs shall be recoverable as if they had been awarded in a suit under the Code of Civil Procedure, 1908 (V of 1908).

 

 

 

76.       Order of refusal by registrar: (1)-Every Registrar refusing –

(a)              to register a document except on the ground that the property to which it relates is not situate within his district or that the document ought to be registered in the office of a Sub-Registrar, or

(b)              to direct the registration of a document under section 72 or section 75,

            shall make an order of refusal and record the reasons for such order in his Book No.2, and, on application made by any person executing or claiming under the document, shall, without unnecessary delay, give him a copy of the reasons so recorded.

(2)       No appeal lies from any order by a Registrar under this section or section 72.

 

77.       Suit in case of order of refusal by registrar: (1)-Where the Registrar refuses to order the document to be registered, under section 72 or section 76, any person, claiming under such document, or his representative assign or agent, may, within thirty days after the making of the order of refusal, institute in the civil court, within the local limits of whose original jurisdiction is situate the office in which the document is sought to be registered, a suit for a decree directing the document to be registered in such office if it be duly presented for registration within thirty days after the passing of such decree.

(2)       The provisions contained in sub-sections (2) and (3) of section 75 shall, mutatis mutandis, apply to all documents presented for registration in accordance with any such decree, and, notwithstanding anything contained in this Act, the document shall be receivable in evidence in such suit.

 


PART XIII

OF THE FEES FOR REGISTRATION, SEARCHES AND COPIES

 

78.       Fees to be fixed by local government: - The Local Government shall prepare a table of fees payable –

(a)              for the registration of documents;

(b)              for searching the registers;

(c)              for making or granting copies of reasons, entries or documents, before, on or after registration ;

and of extra or additional fees payable –

(d)              for every registration under section 30;

(e)              for the issue of commission;

(f)               for filing translations;

(g)              for attending at private residences;

(h)              for the same custody and return of documents; and

(i)                for such other matters as appear to the Local Government necessary to effect the purposes of this Act.

 

79.       Publication of fees: - A table of the fees so payable shall be published in the official Gazette, and a copy thereof in English and the vernacular language of the district shall be exposed to public view in every registration office.

 

80.       FEES PAYABLE ON PRESENTATION: - All fees for the registration of documents under this Act shall be payable on the presentation of such documents.

80A-    Duty of Collector in proceedings under section 47-Aof the Indian Stamp Act 1899-(1)- If during any proceedings under section 47-A of the Indian Stamp Act, 1899, the Collector finds that the fee paid for registration of document under this Act is in deficit, he shall while determining the duty by an order, also determine amount of fee and shall send a copy of the order so made to the concerned registering officer for the recovery of the amount of fee found so deficient from the person liable to pay the deficient amount of duty under the said section 47-A in respect of such a document;

            Provided that no order determining the deficient amount of fee shall be made after the expiry of a period of three years from the date of registration of the document.

            (2)       An order of the Collector under sub-section (1) shall be deemed to be an order made by him under section 47-A of the Indian Stamp Act 1899.

            (3)       Any amount recoverable under this section, may be recovered as arrears of land revenue.

80-B    Recovery of deficient amount of fee as arrears of land revenue –(1)- Where on inspection or otherwise, it is found that the fee payable under this Act in relation to any registered document has not been paid or has been insufficiently paid such fee or the deficient fee as the case may be if not paid to the concerned Registering Officer on demand within the prescribed period, may, on a certificate of the Inspector-General or Registration or of the Registrar of a District, be recovered as arrears of land revenue from the person who presented  such a document for registration in terms of the provision of section 32:

            Provided that :-

(i)     no demand of fee as aforesaid shall be made after the expry of a period of three years from the date of registration of the document, and

(ii)   the certificate shall be issued after due enquiry and the person concerned having been given an opportunity of being heard.

80 C    Refund of excess fee – Where the Inspector-General of Registration find that the amount of fee charged and paid is in excess to that this Act, he may upon an application in writing or otherwise, refund the excess amount of fee do charged and paid.

PART XIV

OF PENALTIES

81.       Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure: - Every registering officer appointed under this Act and every person employed in his office for the purposes of this Act, who, being charged with the endorsing, copying, translating or registering of any document presented or deposited under its provisions, endorses, copies, translates or registered such document in a manner which he knows or, believes to be incorrect, intending thereby to cause, or knowing it to be likely than he may thereby cause, injury, as defined in the Indian Panel Code, to any person, shall be punishable with imprisonment for a term which may extend to seven years, or with fine or with both. (XLV of 1860).

 

82.       Penalty for making false statements, delivering false copies or translations, false personation, and abetment:

Whoever –

(a)              intentionally makes any false statement, whether on oath or not, and whether it has been recorded or not, before any officer acting in execution of this Act, in any proceeding or inquiry under this Act; or

(b)              intentionally delivers to a registering officer in any proceeding under section 19 or section 21, a false copy or translation of a document, or a false copy of a map or plan; or

(c)              falsely personates – another, and in such assumed character persents any document, or makes any admission or statement or causes any summons or commission to be issued or does any other act in any proceeding or enquiry under this Act ; or

(d)              abets anything made punishable by this Act ;

            shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.

 

83.       Registering officer may commence prosecutions: (1) -A prosecution for any offence under this Act coming to the knowledge of a registering officer in his official capacity may be commenced by or with the permission of the Inspector-General, the branch Inspector-General of Sindh, the Registrar or the Sub-Registrar, in whose territories, district or sub-district, as the case may be, the offence has been committed.

(2)       Offence punishable under this Act shall be triable by any court or officer exercising powers not less than those of a Magistrate of the second class.

 

84.       Registering officers to be deemed public servants: (1) - Every registering officer appointed under this act shall be deemed to be a public servant within the meaning of the Indian Penal Code.( XLV of 1802).

(2)       Every person shall be legally bound to furnish information to such registering officer when required by him to do so.

(3)       In section 228 of the Indian Penal Code, the words “judicial proceedings” shall be deemed to include any proceeding under this Act.

----

PART XV

MISCELLANEOUS

85.       Destruction Of Unclaimed Documents:-Documents (other than wills) remaining unclaimed in any registration office for a period exceeding two years may be destroyed.

 

86.       Registering Officer Not Liable For Thing Bona Fide Done Or Refused In His Official Capacity: -No registering officer shall be liable to any suit, claim or demand by reason of anything in good faith done or refused in his official capacity.

 

87.       Nothing So Done Invalid By Defect In Appointment Or Procedure: -Nothing done in good faith pursuant to this Act or any Act hereby repealed, by any registering officer, shall be deemed invalid merely by reason of any defect in his appointment or procedure.

 

88.       Registration of Documents Executed By Government Officers Or Certain Public Functionaries: - Notwithstanding anything herein contained it shall not be necessary for any officer of Government, or for the Administrator-General of Bengal, Madras or Bombay, or for any official trustee or official assignee, or for the Sheriff, Receiver or Registrar of a High Court; to appear in person or by agent at any registration office in any proceeding connected with the registration of any instrument executed by him in his official capacity, or to sign as provided in section 58.

(2)       Where any instrument is so executed, the registering officer to whom such instrument is presented for registration may, if he thinks fit, refer to any Secretary to Government or to such officer of Government, Administrator-General, Official Trustee, Official Assignee, Sheriff, Receiver or Registrar, as the case may be, for information respecting the same, and on being satisfied of the execution thereof, shall register the instrument.

 

89.       Copies of certain orders, certificates and instruments to be sent to Registering Officers and Filed:- Every officer granting a loan under the Land Improvement Loans Act, 1883, (XIX of 1883) shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole or any part of the land to be improved or of the land to be granted as collateral security, is situate, and such registering officer shall file any copy in his Book No.1

(2)       Every court granting a certificate of sale of immovable property under the Code of Civil Procedure, 1908 (V of 1908), shall send a copy of such certificate to the registering officer within the local limit of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate, and such officer shall file the copy in his Book No.1.

(3)       Every officer granting a loan under the Agriculturists’ Loans Act, 1884 (XII of 1884), shall send a copy of any instrument whereby immovable property is mortgaged for the purpose of securing to the repayment of the loan, and, if any such property is mortgaged for the same purpose in the order granting the loan, a copy also of that order, to the registering officer within the local limit of whose jurisdiction the whole or any part of the property so mortgaged is situate, and such registering officer shall file the copy or copies, as the case may be, in his Book No.1

(4)       Every Revenue Officer granting a certificate of sale to the purchaser of immovable property sold by public auction shall send a copy of the certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the property comprised in the certificate is situate, and such officer shall file the copy in his Book No.1.

Exemptions from Act.

90.       Exemption Of Certain Documents Executed By Or In Favour Of Government: (1)-Nothing contained in this Act or in the Indian Registration Act, 1877 (III of 1877), or in the Indian Registration Act, 1871 (VIII of 1871) or in Act thereby repealed, shall be deemed to require, or to have at any time required, the registration of any of the following documents or maps, namely :-

(a)              documents issued, received or attested by any officer engaged in making a settlement or revision of settlement of land-revenue, and which form part of the records of such settlement ; or

(b)              documents and maps issued, received or authenticated by any officer, engaged on behalf of Government in making or revising the survey of any land, and which form part of the record of such survey ; or

(c)              documents which, under any law for the time being in force, are filed periodically in any revenue office by patwaris or other officers charged with the preparation of village records ; or

(d)              sanads, inam, title-deeds and other documents purporting to be or to evidence grants or assignments by Government of land or of any interest in land ; or

(e)              notices given under section 74 or section 76 of the Bombay Land Revenue Code, 1879 (Bom V of 1879), of relinquishment of occupancy by occupants or of alienated land by holders of such land.

(2)       All such documents and maps shall, for the purposes of sections 48 and 49, be deemed to have been and to be registered in accordance with the provisions of this Act.

 

91.       Inspection and copes of such documents: - Subject to such rules and the previous payment of such fees as the Local Government prescribes in this behalf, all documents and maps mentioned in section 90, clauses (a), (b), (c) and (e), and all registers of the document mentioned in clause (d), shall be open to the inspection of any person applying to inspect the same, and, subject as aforesaid, copies of such documents shall be given to all persons applying for such copies”

 

92.       Burmese registration rules confirmed: - All rules relating to registration enforced in Lower Burma prior to the commencement of the Indian Registration Act, 1877 (III of 1877), shall be deemed to have had the force of law, and no suit or other proceeding shall be maintained against any officer or other person in respect of anything done under any of the said rules.

 

93.       Repeals: - (1) -The enactments mentioned in the schedule are repealed to the extent specified in the fourth column thereof.

(2)       Nothing herein contained shall be deemed to affect any provision of any enactment in force in any part of British India and not hereby expressly repealed.

* Note. -          The rules made under this section do not apply in any way to registration officer and have not, therefore, been reproduced in this manual.  In the old manual they formed Appendix IV.

THE SEHEDULE

REPEAL OF ENACTMENT

(See section 93)

Year

No.

Short title

Extent of repeal

1877

III

The Indian Registration Act, 1877

The whole

1879

XII

The Registration and Limitation Amendment Act, 1879

So much as is unrepeated.

1883

XIX

The Land Improvement Loans Act, 1883

So much of section 12 as is unrepeated.

1886

VII

The Indian Registration Act, 1886

The whole

1888

VII

The Civil Procedure Code Amendment Act, 1888

So much as is unrepeated.

1891

XII

The Amending Act, 1891

In the second schedule the entries relating to Act III of 1877

1899

XVII

The Indian Registration (Amendment) Act, 1899

The whole.

 

 

Contents