THE PUNJAB

 

 REGISTRATION MANUAL

 

 

Contents

 

Section

Subject

 

 

CHAPTER I

APPOINTMENT, REMUNERATION AND

RETIREMENT OF REGISTERING OFFICERS

1.      

Permanent Appointments

2.      

Classes Of Registering Officers

3.      

Appointments, Probation And Confirmation Of Honorary And Departmental Sub-Registrars

4.      

Departmental Sub-Registrars Government Servants

5.      

Sub-Registrars, At Headquarters, Sub-Districts And Elsewhere

6.      

Creation of Offices of Departmental Sub-Registrars

7.      

Instructions as to Proposals To The Appointment Of Registering Officers

8.      

Departmental And Honorary Sub-Registrars

9.      

Amalgamation Of Office Of Sub-Registrar With That Of Registrar

10.   

Temporary Appointments

11.   

When A Registrar is Absent

12.   

When A Sub-Registrar is Absent

13.   

One Sub-Registrar Cannot Be Appointed To Two Sub-Districts At The Same Time

14.   

Reports of changes of incumbency

15.   

Remuneration of honorary sub-registrar

16.   

Remuneration of departmental sub-registrars

17.   

Remuneration to departmental or honorary sub-registrars whose offices have been amalgamated with the registrar

18.   

Calculation of Fee-Income

19.   

Payment of commission

20.   

No allowance granted during absence on leave

21.   

Fixed salary alone counts for pension

22.   

Remuneration of sub-registrars who are pensioners

23.   

Method of drawing fixed pay and percentage

24.   

If fees decrease, departmental officer should be made honorary

24A

Leave to Sub-Registrars

25.   

Deleted

26.   

Submission of retire- maturity etc

26A

Rules

27.   

Budget provision for temporary establishment

28.   

Cost of permanent muharrirs

29.   

Establishment for sub-registrars

30.   

Cost of permanent muharrirs

31.   

Temporary establishments

32.   

Registration muharrirs to be employed solely or registration work

33.   

Appointments, Transfers and Dismissals

34.   

Qualifications of muharrirs

35.   

Chaprasis for Sub-Registrars

36.   

Registrar’s contingencies

37.   

Postage charges

38.   

Sub-registrars contingencies

39.   

Punkha Coolies

40.   

Belts, Badges and Liveries to Chaprasis

 

CHAPTER III

CUSTODY, PRESERVATION AND DESTRUCTION OF RECORDS

41.   

Responsibility for preservation and safe custody of records

42.   

Strong Boxes

43.   

Weekly examination of records

44.   

Preservation of wills and authorities to adopt

45.   

No need for verification of existence of testators

46.   

Opening of central record offices

47.   

Central office to be in registrar’s office

48.   

Catalogue of permanent records

49.   

Transfer of records to central office

50.   

Special Record-Room

51.   

Supervision of Central Office

52.   

Catalogues to be signed on charges of personnel

53.   

Inspection of Registers, etc., by applicants under Section 57

54.   

Production of Registers, etc. in court

55.   

Annual destruction of useless records

56.   

Destruction of registered documents

 

CHAPTER IV

Books and Records

57.   

Registers to be kept in offices of Registrars and Sub-Registrars

58.   

Supply of registers

59.   

Indents for forms and books

60.   

Certificates of examination when a volume is filled up

61.   

Consecutive numbers to be by the calendar year. Certificate at close of year

62.   

Concurrent volume of same register

63.   

English volume of book 1 to be maintained at Shimla, Lahore and Amritsar

64.   

Book 1

 

Book 4

65.   

References to other documents affecting the same property

66.   

Supplementary Book 1

67.   

Copies of certificates of sale under the C.P.C

68.   

Copies of orders granting loans under the land improvement or Agriculturists Loans Act

69.   

Filing Translations and Maps

70.   

Deleted

71.   

Book 2

72.   

Book No.3

73.   

Description of “Will”  “Authority to Adopt

74.   

Book No.4

75.   

Deleted

76.   

Separate file book for documents in languages not in use in the Punjab

77.   

Book 5

78.   

Book 6

79.   

Authentication of Powers of Attorney by Registering Officer

80.   

Instructions as to books in which documents should be registered

81.   

Instructions as to instruments of adoption

82.   

Distinction between leases and mortgages

83.   

Indexes to be prepared on printed forms

84.   

Index No.1

85.   

Index No. II

86.   

Index No. III

87.   

Index No. IV

88.   

Preparation of indexes

89.   

Deleted

90.   

Index sheets to be bound up annually

91.   

Initial letters

92.   

Norms of Subsidiary Books

93.   

Fees Book

94.   

Receipt Books

95.   

Order File

96.   

Miscellaneous Records

97.   

Files of applications or copies

98.   

Use of English Numerals

99.   

Cancellation of registered documents by orders of a Court

100.         

Cancellation of Mortgaged-Deeds under Land Alienation Act

101.         

Revision of Mortgaged-Deeds under Land Alienation Act

102.         

Re-copying of deeds entered in the wrong books

103.         

Authentication of Entries in Register Books

104.         

Errors in Consecutive Numbering

105.         

Entries in registers to be made with Permanent Black Ink

106.         

Application for Blank Books and Forms

107.         

Place of Presentation

108.         

Payment of visits and issue of Commissions

109.         

Allowances to Commissioners

110.         

Hours allotted to Registration Work to be Notified

111.         

Reception of Documents for Registration

112.         

Examination as to Stamp

113.         

Exemption from Stamp Duty of Instruments to which Government is a party

114.         

Stamp duty chargeable on Bai-Bil Wafa Deed

115.         

Impounding of Documents not duly stamped

116.         

Examination as to Jurisdiction

117.         

Jurisdiction of Registrars

118.         

Discretional Registration by Registrars

119.         

Procedure when Registering Officer has no Jurisdiction

120.         

Examination as to Time

121.         

Examination as to Unverified Interpolations, etc

122.         

Parties entitled to present for Registration

123.         

Presentation by representatives, assigns and agents

124.         

Officials exempt from appearance

125.         

Payment of fee on acceptances

126.         

Enquiry as to execution, identity, etc

127.         

Identification of Parties

128.         

Documents to be scrutinized and explained to executants

129.         

Recording of endorsement under section 58

130.         

Taking of thumb impressions

131.         

Enquiry as to consideration

132.         

Summonses for appearance of expectants or witness

133.         

Procedure when there are several executants  

134.         

Sub-Registrars not to register documents relating to transactions in which they are interested

135.         

Registering officers not concerned with validity of documents

136.         

What persons are to be considered to be executors of documents

137.         

Refusal to register to be made with caution

138.         

Denial of receipts of consideration

139.         

Documents not duly stamped

140.         

When registration be admitted qua some, at refusal qua other parties

141.         

Procedure on denial of execution

142.         

Refusal to admit execution is a denial of execution

143.         

Refund of registration fees on refusal to register

144.         

Copy of reasons of refusal should be stamped with court-fee stamps

145.         

Copying of document into register

146.         

Certificates of registration

147.         

Return of registered documents by hand

148.         

Documents to be promptly returned

149.         

Return of registered documents by post

150.         

Control to be maintained over muharrirs

151.         

Endorsements

152.         

Endorsements may be written or continued on orders

153.         

Endorsements in the case of authenticated documents

154.         

Memorandum of documents, how to be prepared

155.         

Urdu memoranda to be sent to native officers

156.         

Sending of memoranda to be noted in Book 1

157.         

Memoranda sent to the United Provinces

158.         

Memoranda of alienations of agricultural land

159.         

Re-registration for error of description

160.         

Procedure on re-registration

161.         

Effect of provisions of section 89

162.         

Procedure on appeal

163.         

Procedure on receipt applications for copies

164.         

Monthly returns of Sub-Registrars

165.         

Return No.1

166.         

Return No. II

167.         

Return No. III

168.         

Transactions to be recorded in return No. III

169.         

Particulars entered in return No. III when a document is registered

170.         

When a copy or memorandum is filed

171.         

When registration is refused

172.         

When a power of attorney is authenticated

173.         

In cases of searches and grant of copies

174.         

Abstract of return No. III

175.         

Monthly returns to be prepared according to month of account

176.         

Sub-Registrar’s commission bill

177.         

Scruting of Sub-Registrar’s returns in Registrar’s offices

178.         

Return No. III in Registrar’s Office

179.         

District commission Bill

180.         

Monthly returns of Registrars

181.         

Statement of receipts

182.         

District returns to accord with each other and with treasury accounts and causes of fluctuations of business to be noted

183.         

Annual statistical statements

184.         

Triennial report and annual note

185.         

Languages

186.         

Transliterations

187.         

Territorial divisions

188.         

Fines for delay in presenting or in appearance

189.         

When a fine should be levied for delay in appearance

190.         

Remission of fines

191.         

Refunds of registration and copying fees

192.         

Reports of prosecutions

193.         

Oaths to be administered cautiously

194.         

Statements on oath how to be recorded

195.         

Holidays

196.         

Use of seals

197.         

Supply and renewal of seals

198.         

Stock book of stores

199.         

Stock book of office furniture

200.         

Annual report regarding verification of stock

201.         

Correspondence of Registrars with Inspector General

202.         

Correspondence between Registrars and Sub-Registrars

203.         

Transmission of references from Sub-Registrars to Inspector-General

204.         

Registrars to dispose so far as possible of references from Sub-Registrars

205.         

Speculative references to be discouraged

206.         

Correspondence between Registrars and Inspector-General

207.         

Inspector-General requisitions to be promptly attended to

208.         

Registrars to inspect offices of Sub-Registrars at least once a year

209.         

Inspection reports what to contain

210.         

Points to be noted

211.         

Issue of necessary order to registering officer concerned at end of the inspection

212.         

Stamp duty on applications

213.         

Appendix- I

214.         

Appendix - II

 

CHAPTER I

APPOINTMENT, REMUNERATION AND

RETIREMENT OF REGISTERING OFFICERS

Appointment

1.        Permanent Appointments: - Under section 6 of the Indian Registration Act, 1908 (hereinafter referred to as the Act) all permanent appointments to the office of Registrar, Sub-Registrar, or Joint Sub-Registrar, are made by the Local Government.  In some cases the persons appointed are public officers who perform registration duties by virtue of their office in addition to their other duties ; in other cases persons specially selected are nominated to the office.

 

2.        Classes Of Registering Officers: -The following are the classes of registering officers employed in the Punjab :--

(a)      registering officers who are required to perform their duties without remuneration –

(i)       the exofficio Registrar of each district, that is, the Deputy Commissioner in administrative charge of the district for the time being, or any officer appointed to act temporarily as Registrar in his place under the provisions of paragraph 11;

(ii)             civil officers of and above the rank of Naib-Tehsildar, holding office either as Sub-Registrars or Joint Sub-Registrars ;

(iii)           treasury or sub-treasury officers discharging the duties of    Sub-Registrars at the headquarters of a district or sub-division.

(b)      registering officers other than public officers appointed under section 6 and 7 (2) of the Act and entitled to remuneration for their duties as such,  at the rates hereinafter provided –

(i)       Departmental Sub-Registrars ;

(ii)             Honorary Sub-Registrars.

(iii)           Departmental or Honorary Sub-Registrars whose offices have been amalgamated with those of Registrars.

3.        Appointments, Probation And Confirmation Of Honorary And Departmental Sub-Registrars: - All appointments of honorary and departmental sub-registrars will be made by Government on probation for a year.  At the end of this period, the incumbent will, on receipt of a report from the Inspector-General of Registration as to his being fully acquainted with the Registration Manual, possessing a working knowledge of the Stamp Act, and exercising adequate supervision over his subordinate staff, be confirmed for a period of five years from the date of the order of confirmation.  If however, the work or conduct of the imcumbent during the probationary period has in the opinion of Government not been satisfactory, Government may dispense with his services or in the alternative extend his term of probation by any period it may deem fit; and on the expiry of such extended term of probation may pass such order as it could have passed on the expiry of the first period of probation.

 

4.        Departmental Sub-Registrars Government Servants: - Departmental Sub-Registrars are Government servants- within the meaning of the Civil Service Regulations.  The services of those who were appointed Sub-Registrars before the 13th February, 1930, qualifies for pension with effect from April 1st, 1906, the date on which the roles in this behalf come into force.  All appointments made after the 13th February, 1930, however, have been declared to be non-pensionable.  Departmental and Honorary Sub-Registrars are, however, not whole-time servants of Government and are therefore not officials for any of the purposes of the Government of India Act.

 

5.        Sub-Registrars, At Headquarters, Sub-Districts And Elsewhere: (1)-In a headquarters sub-district the Tehsildar or Naib-Tehsildar is ordinarily Joint Sub-Registrar, and the Sub-Registrar may be either a Departmental Sub-Registrar, or the Treasury Officer holding charge exofficio, or another officer of Government deputed by the Registrar to act for the time being.

(2)      In a sub-district which is not a headquarter sub-district, the Tehsildar is ordinarily Sub-Registrar until a Departmental Sub-Registrar is appointed at the headquarters of the tehsil, and, upon such appointment occurring, the Tehsildar becomes Joint Sub-Registrar.

(3)      When it is proposed to appoint a second Sub-Registrar in one sub-district, it is desirable that the incumbent, who holds, or is to hold, office at the headquarters of the sub-district, should be Sub-Registrar and the other incumbent should be Joint Sub-Registrar, the two incumbents working with concurrent jurisdiction throughout the sub-district.  This is desirable, because experience has shown that administrative difficulty generally arises from the creation of separate sub-districts within one tehsil.

 

6.        Creation Of Offices Of Departmental Sub-Registrars: (1)-The main object of creating posts of Departmental Sub-Registrars is to relieve public officers of the burden of registration work and this can best be achieved by creating such offices at the headquarters of tehsils and of districts.  The multiplication of out-offices (that is to say, offices which are not situated at the headquarters of tehsils or of districts) is therefore to be deprecated and Government do not favour the creation of fresh out-offices or even the continuance of existing out-offices unless it is clear that their creation of continuance is desirable in the public interest.

(2)      The Policy of Government is that out-offices, should gradually be abolished on the death or resignation of existing incumbents and registration work should eventually become concentrated in offices at the headquarters of the district or of the tehsil.  Proposals for the continuance of or for new appointments to, out offices should therefore not be made except for very special reasons.

 

7.        Instructions as To Proposals To The Appointment Of Registering Officers:-(1)-The greatest possible care should be exercised in making recommendations for the appointment of Sub-Registrars.  Persons to be recommended should be under sixty years of age and should ordinarily be resident of the neighbourhood though, if no person so resident is available, persons from another locality may be recommended, provided that they undertake to change their residence or that satisfactory arrangements can be made for their regular attendance at the office during office hours.  The Government may, however, waive off the condition of age to be below 60 years and appoint a Sub-Registrar who may be more than 60 years of age, but he shall not be retained as Honorary Sub-Registrar beyond 65 years of age.  They should be of good family and character and in easy circumstances.  As a matter of general policy, the appointments are to be reserved, so far as possible, for members of the hereditary landed gentry possessing rural influence and particularly for those who did valuable war work, either as combatants or recruiters, and for retired Indian Commissioned Officers.  Candidates for the post of Honorary Sub-Registrars should be Matriculates of any recognised University with a working knowledge of the Regional language.  In case of old political sufferers and ex-service-men, however, a pass in the Middle Standard with a good knowledge of the Regional language should suffice.  For this purpose, the term “Political Sufferer” would mean a person who has undergone at least one year’s imprisonment before 1947 in one of the movements recognised by the Government as a National Movement.  In case of persons possessing overwhelming merits or long experience of public life, the academic qualifications will be relaxed.  A newly appointed Honorary Sub-Registrar would be required to undergo a training in registration and stamp laws for a period of two months from an experienced Honorary Sub Registrar selected by the Inspector-General of Registration and, therefore, he would be required to pass a test given by the I.G.R.  If he is found to lack proper working for the post, his period of training be extended further as is deemed necessary by the I.G.R.  During the period of training, he will be given a fixed allowance of Rs. 55 per mensem out of the grant under the head “15 – Registration – District Charges—Other Allowances and Honoraria”

A candidate for the post of Honorary Sub-Registrar shall submit his application in Form No.7 prescribed in Appendix III – Miscellaneous Forms – to the Punjab Registration Manual, 1929.

(2)      Recommendations should be made by Commissioners direct to Government and should be made in a demi-official form. They should be accompanied by a tabular statement dealing with the claims of all the candidates whose names have come before the Deputy Commissioner with special reference to the qualifications mentioned above.

 

8.        Departmental And Honorary Sub-Registrars: (1)-At the headquarters of all districts and of all tehsils, the Sub-Registrar, where there is one in addition to the Tehsildar or other ex officio Sub-Registrar, is usually a Departmental Sub-Registrar, and so also are the incumbents of the following out-offices :-

Mukerian                         Tehsil Dasuya

Alawalpur                        Tehsil Jullunder

Bunga                             Tehsil Nawanshahr

Keylong                          Tehsil Kulu    

(2)      The incumbent of the remaining out-offices will be classified as Honorary Sub-Registrar.  If any man of good family is unwilling to accept the post of Departmental Sub-Registrar, but is willing to be an Honorary Sub-Registrar, a proposal to this effect may be made.

9.        Amalgamation Of Office Of Sub-Registrar With That Of Registrar: - Section 7 of the Act allows the Local Government to amalgamate the office of a Sub-Registrar with that of a Registrar, and to authorize the Sub-Registrar to exercise and perform in addition to his own powers and duties, all or any of the powers of the Registrar.  The Sub-Registrars at the headquarters of certain districts have accordingly been authorized to exercise and perform such powers and duties, with the exception of those specified in sections 68 and 72 of the Act.  The Local Government may also declare that a Sub-Registrar shall be deemed to be Registrar for the purpose of sub-section (3) of section 35 and of part XII of the Act.

 

10.      Temporary Appointments: - Provision is made in sections 11 and 12 of the Act for temporary appointments in cases where the registering officer is absent from his office for a short time only; and here it is necessary to remind registering officers that the “office” contemplated in sub-section (1) of section  7 is a fixed place, and not a movable establishment; that except in the cases otherwise specially provided for in the Act, all registrations must be made at such office; and that consequently when a registering officer proceeds into the interior of his district or sub-district, he cannot take his office with him.  In such cases it becomes necessary for the Registrar to provide a substitute, in doing which he will be guided by the following general instructions.

 

11.      When A Registrar is Absent: - Section 11 of the Act provides that when a Registrar “is absent from his office on duty in his district he may appoint any Sub-Registrar or other person in his district to perform, during such absence, all the duties of a Registrar, except those mentioned in sections 68 and 72.”  In such cases, the person so appointed may, in the discretion of the district officer, be either the Treasury Officer or any other Civil Officer at the headquarters of the district.

 

12.      When A Sub-Registrar is Absent: - Section 12 of the Act provides for temporary vacancies in the office of Sub-Registrar.  When a subordinate registering officer proceeds on leave of absence, or is otherwise temporarily away from his office, the Registrar will provide for the performance of his duties during his absence in the following manner :--

(a)             when the absent officer is the district Treasury Officer, the officer who succeeds him in charge of the Treasury should take over his registration duties also, except where the Deputy Commissioner himself takes charge of the Treasury, in which case the registration duties should be made over to the local Tehsildar or to some civil officer at headquarters.  It is incompatible with the provisions of the Act for a Registrar to perform the duties of a Sub-Registrar, except where the two offices have been amalgamated under section 7 of the Act ; moreover, such an arrangement might be productive of inconvenience in cases where a party wished to appeal against an order issued by the Deputy Commissioner in the capacity of a Sub-Registrar;

(b)            save as provided above, where there are two subordinate registering officers at the same place, during the temporary absence of one the other should ordinarily be required to perform the duties of both offices;

(c)            save as provided above, when the absent officer is a Tehsildar, the Naib-Tehsildar, if available, should be placed in charge of the registration duties;

(d)            in all other cases, the Registrar should make such arrangements as appear to him to be most suitable in the circumstances for maintaining the continuity of the business of the office.

 

13.      One Sub-Registrar Cannot Be Appointed To Two Sub-Districts At The Same Time: - It must be borne in mind that although the Act permits the appointment of two or more Joint Sub-Registrars in the same sub-district, it nowhere allows of one Sub-Registrar being in charge of two separate sub-districts at the same time.  This can only be affected by a gazetted notification under section 5 of the Act, directing the temporary amalgamation of the two sub-districts concerned.

 

 

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