-
Sections
-
Section 1 - Short title, extent and commencement
-
Section 2 - Definitions
-
Section 3 - Inspector-General of Registration
-
Section 4 - Branch Inspector-General of Sindh (Repealed)
-
Section 5 - Districts and sub-districts
-
Section 6 - Registrars and Sub-Registrars
-
Section 7 - Offices of Registrar and Sub-Registrar
-
Section 8 - Inspectors of Registration offices
-
Section 9 - Military cantonments may be declared sub-districts or districts (Repealed)
-
Section 10 - Absence of Registrar or vacancy in his office
-
Section 11 - Absence of Registrar on duty in his district
-
Section 12 - Absence of Sub-Registrar or vacancy in his office
-
Section 13 - Report to State Government of appointments under sections 10, 11 and 12
-
Section 14 - Establishments of registering officers
-
Section 15 - Seal of registering officers
-
Section 16 - Register-books and fire-proof boxes
-
Section 16A - Keeping of books in computer floppies, diskettes, etc.
-
Section 17 - Documents of which registration is compulsory
-
Section 18 - Documents of which registration is optional
-
Section 19 - Documents in language not understood by registering officer
-
Section 20 - Documents containing interlineations, blanks, erasures or alterations
-
Section 21 - Description of property and maps or plans
-
Section 22 - Description of houses and land by reference to Government maps or surveys
-
Section 23 - Time for presenting documents
-
Section 23A - Re-registration of certain documents
-
Section 24 - Documents executed by several persons at different times
-
-
Section 25 - Provision where delay in presentation is unavoidable
-
Section 26 - Documents executed out of India
-
Section 27 - Wills may be presented or deposited at any time
-
Section 28 - Place for registering documents relating to land
-
Section 29 - Place for registering other documents
-
Section 30 - Registration by Registrars in certain cases
-
Section 31 - Registration or acceptance for deposit at private residence
-
Section 32 - Persons to present documents for registration
-
Section 32A - Compulsory affixing of photograph, etc.
-
Section 33 - Power-of-attorney recognizable for purposes of section 32
-
Section 34 - Enquiry before registration by registering officer
-
Section 35 - Procedure on admission and denial of execution respectively
-
Section 36 - Procedure where appearance of executant or witness is desired
-
Section 37 - Officer or Court to issue and cause service of summons
-
-
Section 38 - Persons exempt from appearance at registration-office
-
Section 39 - Law as to summonses, commissions and witnesses
-
Section 40 - Persons entitled to present wills and authorities to adopt
-
Section 41 - Registration of wills and authorities to adopt
-
Section 42 - Deposit of wills
-
Section 43 - Procedure on deposit of wills
-
Section 44 - Withdrawal of sealed cover deposited under section 42
-
-
Section 45 - Proceedings on death of depositor
-
Section 46 - Saving of certain enactments and powers of Courts
-
Section 47 - Time from which registered document operates
-
Section 48 - Registered documents relating to property when to take effect against oral agreements
-
Section 49 - Effect of non-registration of documents required to be registered
-
Section 50 - Certain registered documents relating to land to take effect against unregistered documents
-
Section 51 - Register-books to be kept in the several offices
-
Section 52 - Duties of registering officers when document presented
-
Section 53 - Entries to be numbered consecutively
-
Section 54 - Current indexes and entries therein
-
Section 55 - Indexes to be made by registering officers, and their contents
-
Section 56 - Copy of entries in Indexes Nos. I, II and III to be sent by Sub-Registrar to Registrar and filed (Repealed)
-
Section 57 - Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries
-
Section 58 - Particulars to be endorsed on documents admitted to registration
-
Section 59 - Endorsements to be dated and signed by registering office
-
Section 60 - Certificate of registration
-
Section 61 - Endorsements and certificate to be copied and document returned
-
Section 62 - Procedure on presenting document in language unknown to registering officer
-
Section 63 - Power to administer oaths and record of substance of statements
-
Section 64 - Procedure where document relates to land in several sub-districts
-
Section 65 - Procedure where document relates to land in several districts
-
Section 66 - Procedure after registration of documents relating to land
-
Section 67 - [Omitted]
-
Section 68 - Power of Registrar to superintend and control Sub-Registrars
-
Section 69 - Power of Inspector-General to superintend registration offices and make rules
-
Section 70 - Power of Inspector-General to remit fines
-
Section 71 - Reasons for refusal to register to be recorded
-
Section 72 - Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than denial of execution
-
Section 73 - Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution
-
Section 74 - Procedure of Registrar on such application
-
Section 75 - Order by Registrar to register and procedure thereon
-
Section 76 - Order of refusal by Registrar
-
Section 77 - Suit in case of order of refusal by Registrar
-
Section 78 - Fees to be fixed by State Government
-
Section 79 - Publication of fees
-
Section 80 - Fees payable on presentation
-
Section 81 - Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure
-
Section 82 - Penalty for making false statements, delivering false copies or translations, false personation, and abetment
-
Section 83 - Registering officers may commence prosecutions
-
Section 84 - Registering officers to be deemed public servants
-
Section 85 - Destruction of unclaimed documents
-
Section 86 - Registering officer not liable for thing bona fide done or refused in his official capacity
-
Section 87 - Nothing so done invalidated by defect in appointment or procedure
-
Section 88 - Registration of documents executed by Government officers or certain public functionaries
-
Section 89 - Copies of certain orders, certificates and instruments to be sent to registering officers and filed
-
Section 90 - Exemption of certain documents executed by or in favour of Government
-
Section 91 - Inspection and copies of such documents
-
Section 92 - Burmese registration-rules confirmed (Repealed)
-
Section 93 - Repeals (Repealed)
-
Schedule I - THE SCHEDULE
-
Amending Act 1 - REGISTRATION AND OTHER RELATED LAWS (AMENDMENT) ACT, 2001
-
1. Short title
-
2. Insertion of new section 16A
-
3. Amendment of section 17
-
4. Amendment of section 30
-
5. Insertion of new section 32A
-
6. Amendment of section 49
-
7. Amendment of section 52
-
8. Omission of section 67
-
9. Amendment of section 69
-
10. Amendment of section 53A of Act 4of 1882
-
11. Amendment of Schedule 1 of Act 2 of 1899
-
12. Saving
REGISTRATION
ACT, 1908
Preamble
1 - REGISTRATION ACT, 1908
THE
REGISTRATION ACT, 1908[1]
[Act,
No. 16 of 1908]
[18th December,
1908]
PREAMBLE
An
Act to consolidate the enactments relating to the Registration of Documents.
Whereas it is expedient to consolidate
the enactments relating to the registration of documents; it is hereby enacted
as follows:--
Section 1 - Short title, extent and commencement
(1)
This
Act may be called the [2]
[***] Registration Act, 1908.
[3]
[(2) It extends to the whole of India [4]
[***]:
Provided that the
State Government may exclude any districts or tracts of country from its
operation.]
(3)
??It shall come into force on the first
day of January, 1909.
Section 2 - Definitions
In this Act, unless there is anything repugnant
in the subject or context,--
(1)
"Addition"
means the place of residence, and the profession, trade, rank and title (if
any) of a person described, and in the case of [5] [an Indian], [6] [***] his father's
name, or where he is usually described as the son of his mother, then his
mother's name;
(2)
"Book"
includes a portion of a book and also any number of sheets connected together
with a view of forming a book or portion of a book;
(3)
"District"
and "sub-district" respectively mean a district and sub-district
formed under this Act;
(4)
"District
Court" includes the High Court in its ordinary original civil
jurisdiction;
(5)
"Endorsement"
and "endorsed" include and apply to an entry in writing by a
registering officer on a rider or covering slip to any document tendered for
registration under this Act;
(6)
"Immovable
Property" includes land, buildings, hereditary allowances, rights to ways,
lights, ferries, fisheries or any other benefit to arise out of land, and
things attached to the earth, or permanently fastened to anything which is
attached to the earth, but not standing timber, growing crops nor grass;
[7] [(6A)
"India" means the territory of India excluding the State of Jammu and
Kashmir;]
(7)
"Lease"
includes a counterpart, kabuliyat, and undertaking to cultivate or occupy, and
an agreement to lease;
(8)
"Minor"
means a person who, according to the personal law to which he is subject, has
not attained majority;
(9)
"Movable
Property" includes standing timber, growing crops and grass, fruit upon
and juice in trees, and property of every other description, except immovable
property; and
(10)
"Representative"
includes the guardian of a minor and the committee or other legal curator of a
lunatic or idiot.
[8] [***]
[STATE
AMENDMENTS
[9]
[Andhra Pradesh:
In section 2
In sub-section (2), after the
words "includes a portion of book", the words "and the
information storage devices like floppy disk, hard disk, compact disk"
shall be added.
[10]
[Goa, Daman and Diu:
In clause (1) of section 2
The words "his father's
name", insert the words "his marital status, and".
[11]
[Tamil Nadu:
In section 2,--
(i)
in
clause (9), the word "and" occurring at the end shall be
omitted;
(ii)
in
clause (10), the word "and" shall be added at the end;
(iii)
after
clause (10), the following clause shall be added, namely:--
"(11) 'tout' means a person who
habitually frequents the precincts of a registration office, for the purpose of
employment for himself or for any other person in connection with any
registration business and who is so declared as a tout under Part
XIII-A.]
[12] [In section 2
of clause (2), the following expression shall be added at the end,
namely:--
"and
the information storage devices like floppy disk, hard disk or
compact disk or any other electronic media;]
[13]
[West Bengal:
In section 2,--
(1)
omit
the word "and" at the end of sub-section (9); and
(2)
add
after sub-section (10) the following word and sub-section,--
"and
(11) 'tout' means a person--
(a)
who
habitually frequents the precincts of a registration office, without a licence
granted to him under the rules made under section 80G, for the purpose of
obtaining employment for himself or any other person in connection with any
registration business; or
(b)
who
is declared to be deemed to be a tout for the purposes of this Act by rules
made under section 80G."]
[Puducherry
[14] [In Section 2
In sub-section (2) of section 2, after
the words "includes a portion of book", the words "and the
information in storage devices like floppy disk, hard disk or compact
disk" shall be added.]
[Uttaranchal
[15] [In Section 2
(a) Clause (2) of section
2 shall be substituted as follows; namely:-
"(2) 'book' includes a portion of
a book and also any number of sheets connected together with a view to forming
a book, or portion of a book and also includes a book in electronic form;"
(b) after clause (10),
the following clauses shall be inserted, namely:-
"(10-A) 'true copy' includes a
true Photostat copy;
(10-B) the words and expressions used
herein and not defined but defined in the Information Technology Act, 2000
shall have the meaning respectively assigned to them in that Act."]
Uttar Pradesh
[16] [In its application
to the State of Uttar Pradesh, S.2, in Cl. (2), for the words "or portion
of a book", substitute "or portion of a book and also includes a book
in electronic form".]
[17] [In its application to
the State of Uttar Pradesh, S.2, after Cl.(10), insert the following clauses,
namely:-
"(10-A) true copy includes a true
photostat coly;
(10-B) the words and expressions used
but not defined in this Act and defined in the Information Technology Act,
2000, shall have the respective meaning assigned to them in that Act."]
Madhya Pradesh
[18] [In its application
to the State of Madhya Pradesh, in S.2, after Cl. (4), insert the following
clause, namely:-
(4-A) "Electronic form" shall
have the same meaning as assigned to it in clause (1) of sub-section (1)
of section 2 of the Information Technology Act, 2000 (21 of 2000);]
Section 3 - Inspector-General of Registration
(1)
The [19] [State Government] shall appoint an officer to be the Inspector-General
of Registration for the territories subject to such Government:
Provided that
the [20] [State Government] may, instead of making such appointment,
direct that all or any of the powers and duties hereinafter conferred and
imposed upon the Inspector-General shall be exercised and performed by such
officer or officers, and within such local limits, as the [21] [State Government] appoints in this behalf.
(2)
Any
Inspector-General may hold simultaneously any other office under
the [22] [Government].
[STATE AMENDMENTS
[23] [Uttar Pradesh:
After
sub-section (2), insert sub-section (3) as under--
"(3) The State
Government may appoint one or more Additional Inspector-General of Registration
and Deputy Inspector-General of Registration for the territories subject to
such Government and may prescribe the duties of such officers and authorise
them to exercise and perform all or any of the powers and duties of the
Inspector-General of Registration."
[Uttarakhand
[24] [In Section 3
Sub-section (3) of section
3 of the Principal Act, shall be substituted as follows; namely :-
"(3) The State
Government may appoint one or more Additional Inspector General of
Registration, Deputy Inspectors General of Registration and Assistant Inspector
General of Registration for the territories subject to such Government and may
prescribe the duties of such officers and authorize them to exercise and
perform all or any of the powers and duties of the Inspector General of
Registration."]
West
Bengal
[25] [In its application to the State of Wset Bengal, after
sub-section (2), insert the following new sub-section, namely:-
"(3) ??The State
Government may appoint officers by the designation of-
(a)
Additional
Inspector-General of Registration,
(b)
Joint
Inspector-General of Registration, and
(c)
Deputy
Inspector-General of Registration, to assist the Inspector-General of
Registration and prescribe the duties of such officers.
(4)? ?The Additional Inspector-General of
Registration, and the Joint Inspector-General of Registration, referred to in
clause (a) and clause (b) of sub-section (3), may hold simultaneously any other
officer under the State Government.
(5)? The officers
appointed under sub-section (3), shall be subordinate to the Inspector-General
of Registration."]
Section 4 - Branch Inspector-General of Sindh (Repealed)
4. Branch Inspector-General of Sindh
[26] [***]
Section 5 - Districts and sub-districts
(1)
For
the purposes of this Act, the [27] [State Government] shall form districts and sub-districts,
and shall prescribe, and may alter, the limits of such districts and
sub-districts.
(2)
The
districts and sub-districts formed under this section, together with the limits
thereof, and every alternation of such limits, shall be notified in the [28] [Official Gazette].
(3)
Every
such alternation shall take effect on such day after the date of the
notification as is therein mentioned.
Section 6 - Registrars and Sub-Registrars
The [29] [State Government] may appoint such persons, whether public
officers or not, as it thinks proper, to be Registrars of the several
districts, and to be Sub-Registrars of the several sub-districts, formed as
aforesaid, respectively.
[30] [***]
[STATE AMENDMENTS
[31] [Karnataka:
In section 6, the
following proviso shall be inserted at the end:--
"Provided
that the State Government may also appoint one or more Sub-Registrars
for the same Sub-District:
Provided further that
the State Government may delegate to the Inspector-General of Registration, the
power of appointing Sub-Registrars."
[32] [In Section 6
The following shall
be inserted, namely:-
"Provided that
the State Government may also appoint one or more Sub-Registrars for the same
sub-district:
Provided further
that, the State Government may delegate to the Inspector General of
Registration, the power of appointing Sub-Registrars.".]
[33] [In Section 6
The following shall
be inserted, namely:-
? Provided that the
State Government may also appoint one or more Sub-Registrars for the same
sub-district:
Provided further
that, the State Government may delegate to the Inspector General of
Registration, the power of appointing Sub-Registrars.?.]
West
Bengal
[34] [In its application to the State of West Bengal, for
Section 6, substitute the following section, namely-
"6. Registrars,
District Sub-Registrars, Additional District Sub-Registrars or Sub-Registrars -
(1)
The
State Government may appoint such persons whether public officers or not, as it
thinks proper, to be Registrars of the several districts, to be District Sub-Registrars
or Additional District Sub- Registrars of the several sub-districts, and to be
Sub-Registrars of the respective sub-districts.
(2)
The
powers, duties or other matters mentioned in any of the provisions except those
mentioned in section 68 and section 72 of this Act in respect of a Registrar
shall be deemed to be applicable to a District Sub-Registrar, where such
powers, duties or other matters are referred to a Registrar under this Act.
(3)
The
District Sub-Registrar, the Additional District Sub-Registrar and the
Sub-Registrar shall be subordinate to the Registrar."]
[35] [Maharashtra:
After section 6,
insert section 6A as under:--
"6A. Joint District
Registrars.--
The State Government
may by order also appoint a Joint District Registrar to assist the District
Registrar, or any two or more District Registrars, specified in the order and
may authorise such Joint District Registrar to exercise and perform all or any
of the powers and duties of the District Registrar under this Act."
In the end insert
proviso as under--
"Provided that
the State Government may delegate, subject to such restrictions and conditions
as it thinks fit, to the Inspector-General of Registration, the power of
appointing Sub-Registrars."
After section 6,
insert section 6A as follows:
"6A. Additional Registrar.--
The State Government
may, by order, also appoint any public officer as an Additional Registrar, to
assist the Registrar, or any two or more Registrars, specified in the order and
may authorise such Additional Registrars to exercise and perform all or any of
the powers and duties of the Registrar under this Act."]
Section 7 - Offices of Registrar and Sub-Registrar
(1)
The [38] [State Government] shall establish in every district an
office to be styled the office of the Registrar and in every sub-district an
office or offices to be styled the office of the Sub-Registrar or the offices
of the Joint Sub-Registrars.
(2)
The [39] [State Government] may amalgamate with any office of a
Registrar, any office of a Sub-Registrar subordinate to such Registrar, and may
authorise any Sub-Registrar whose office has been so amalgamated to exercise
and perform, in addition to his own powers and duties, all or any of the powers
and the duties of the Registrar to whom he is subordinate:
Provided that no such
authorisation shall enable a Sub-Registrar to hear an appeal against an order
passed by himself under this Act.
STATE AMENDMENTS
[40] [MAHARASHTRA -
In section
7 of the Registration Act, 1908 (16 of 1908), in its application to the
State of Maharashtra (hereinafter referred to as " the principal Act
"), to sub-section (1), the following proviso shall be added, namely :--
" Provided that,
the State Government may, by order published in the Official Gazette, specify
the documents for registration by the office of the Joint Sub-Registrar so
established.]
West
Bengal
[41] [In its application to the State of West Bengal, in section
7, add the following Explanation, namely:-
"Explanation.-
For the purpose of this section, the expressions "the office of a
Registrar" and "the office of a Sub-Registrar" shall include
"the office of a District Sub-Registrar" and "the office of an
Additional District Sub-Registrar", respectively".]
Section 8 - Inspectors of Registration offices
(1)
The [42] [State Government] may also appoint officers to be called
Inspector of Registration offices, and may prescribe the duties of such
officers.
(2)
Every
such Inspector shall be subordinate to the Inspector-General.
STATE AMENDMENTS
RAJASTHAN
[43] [Substitute section 8, as under:--
"8. Officers of
registration offices.--
(1)
The
State Government may also appoint officers as may be designated from time to
time and may prescribe the duties of such officers.
(2)
Every such
officer shall be subordinate to the
Inspector-General."
UTTAR
PRADESH:
[44] [(i) in sub-section (1), for the words "Inspectors of
Registration Offices", substitute the words "Assistant Inspector
General of Registration";
(ii)?? ?in sub-section (2), for the word
"Inspector", substitute the words "Assistant Inspector
General".
[45] [In its application to the State of Uttar
Pradesh, section 8 shall be omitted.]
ORISSA
[46] [In Section 8 of the Registration Act, 1908
(hereinafter referred to as the principal Act), -
(a)
in
Sub-section (1), for the words, "Inspector of Registration Officer",
the words "Additional Inspector-General of Registration, Joint
Inspector-General of Registration and Deputy Inspector-General of
Registration" shall be substituted; and
(b)
in
Sub-section (2), for the words "Inspector", the words
"Additional Inspector-General, Joint Inspector-General and Deputy
Inspector-General" shall be substituted.]
BIHAR
[47] [Section-8 of the Registration Act, 1908 shall be
substituted as follows:-
"8- Deputy
Inspector General of Registration and Other Officers-
(1)
the
State Government may also appoint one or more Deputy Inspector General of
Registration and Assistant Inspector General of Registration and may prescribe
the duties of such officers.
(2)
Every
such Deputy Inspector General of Registration and Assistant Inspector General
of Registration shall be subordinate to the Inspector General of Registration.
(3)
The
State Government may also authorise such officers to perform all or some of the
duties of Inspector General of Registration.]
Section 9 - Military cantonments may be declared sub-districts or districts (Repealed)
[Repealed by the
Repealing and Amending Act, 1927 (10 of 1927), section 3 and Schedule
II.
Section 10 - Absence of Registrar or vacancy in his office
(1)
When
any Registrar, other than the Registrar of a district including a
Presidency-town, is absent otherwise than on duty in his district, or when his
office is temporarily vacant, any person whom the Inspector-General appoints in
this behalf, or, in default of such appointment, the Judge of the District
Court within the local limits of whose jurisdiction the Registrar's office is
situate, shall be the Registrar during such absence or until the [48] [State Government] fills up the vacancy.
(2)
When
the Registrar of a district including a Presidency-town is absent otherwise
than on duty in his district, or when his office is temporarily vacant, any
person whom the Inspector-General appoints in this behalf shall be the
Registrar during such absence, or until the [49] [State Government] fills up the vacancy.
Section 11 - Absence of Registrar on duty in his district
When any 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.
Section 12 - Absence of Sub-Registrar or vacancy in his office
When any
Sub-Registrar is absent, or when his office is temporarily vacant, any person
whom the Registrar of the district appoints in this behalf shall be
Sub-Registrar during such absence, or until [50] [the vacancy is filled up].
[STATE AMENDMENTS
[51] [Karnataka:
In section 12, after
the word "whom" the words "the Inspector-General of Registration
or" shall be inserted.]
[52] [In Section 12
The word ?whom? the
words ?the Inspector General of Registration or? shall be inserted.]
[Uttarakhand
[53] [In Section 12
Section 12 of the
Principal Act, shall be substituted as follows; namely:-
"12. When any
Sub-Registrar is absent, or when his office is temporarily vacant, any person,
whom the Inspector-General of Registration appoints in this behalf, shall be
Sub-Registrar during such absence or until the vacancy is filled up."]]]
Uttar
Pradesh
[54] [In its application to the State of Uttar Pradesh, in
Section 12, for the words "Registrar of the district" substitute
"Inspector-General of Registration ".]
Section 13 - Report to State Government of appointments under sections 10, 11 and 12
(1)
[55] [***] All appointments made under section 10, section 11 or
section 12 shall be reported to the [56] [State Government] by the Inspector-General.
(2)
Such
report shall be either special or general, as the [57] [State Government] directs.
[58] [***]
STATE AMENDMENTS
[59] [Gujarat:
Amendment is the same
as that of Maharashtra.
[60] [Maharashtra:
Sub-sections (1) and
(2) were repealed and in sub-section (3) (now omitted by A.O., 1937), after the
word "Sub-Registrars", the words "and Inspectors of Registration
Offices" were inserted. Thus, whole section now stands omitted in
Maharashtra.
[61][Uttar Pradesh:
(i)
in
sub-section (1), for the words "Inspectors of Registration Offices",
substitute the words "Assistant Inspector General of Registration";
(ii)
in
sub-section (2), for the word "Inspector", substitute the words
"Assistant Inspector-General".
Section 14 - Establishments of registering officers
[62] [***]
(2) ??The [63] [State Government] may allow proper establishments for the several
offices under this Act.
Section 15 - Seal of registering officers
The several
Registrars and Sub-Registrars shall use a seal bearing the following
inscription in English and in such other language as the [64] [State Government] directs:--
"The seal of the
Registrar (or of the Sub-Registrar of ...........)".
Section 16 - Register-books and fire-proof boxes
(1)
The [65] [State Government] shall provide for the office of every
registering officer the books necessary for the purposes of this Act.
(2)
The
books so provided shall contain the forms from time to time prescribed by the
Inspector-General, with the sanction of the [66] [State Government], and the pages of such books shall be
consecutively numbered in print, and the number of pages in each book shall be
certified on the title page by the officer by whom such books are issued.
(3)
The [67] [State Government] shall supply the office of every
Registrar with a fire-proof box, and shall in each district make suitable
provision for the safe custody of the records connected with the registration
of documents in such district.
[STATE AMENDMENTS
Andhra Pradesh:
[68]In section 16, for sub-section (1), the following
shall be substituted, namely:--
"(1) The
State Government shall provide for the office of every registering
officer the books and also the information processing and storage devices like
computers and scanners along with the software prescribed by the
Inspector-General, from time to time necessary for purpose of this Act."
[Puducherry
[69] [In Section 16
The following
sub-section shall be inserted, namely:-
(2.A) The State
Government shall provide for the office of every registering officer the books
and also the information processing and storage devices like computer and
scanners alongwith the software prescribed by the Inspector-General of
Registration, from time to time necessary for purpose of this Act".]
TAMIL
NADU:
[70] [In section 16 of the principal Act, after
sub-section (2), the following sub-section shall be inserted, namely:--
"(2-A) The
State Government shall also provide for the office of every
Registering Officer notified by the State Government under sub-section (1) of
section 70-B, the information processing and storage devices like computer and
scanners along with the software prescribed by the Inspector-General, from time
to time, necessary for the purposes of this Act.]
Section 16A - Keeping of books in computer floppies, diskettes, etc.
[71] [16A. Keeping of books in computer floppies, diskettes,
etc.
(1)
Notwithstanding
anything contained in section 16, the books provided under sub-section (1) of
that section may also be kept in computer floppies or diskettes or in any other
electronic form in the manner and subject to the safeguards as may be
prescribed by the Inspector-General with the sanction of the State Government.
(2)
Notwithstanding
anything contained in this Act or in any other law for the time being in force,
a copy or extracts from the books kept under sub-section (1) given by the
registering officer under his hand and seal shall be deemed to be a
copy given under section 57 for the purposes of sub-section (5) of that
section.]
Section 17 - Documents of which registration is compulsory
(1)
The
following documents shall be registered, if the property to which
they relate is situate in a district in which, and if they have been
executed on or after the date on which, Act No. XVI of 1864, or the Indian
Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian
Registration Act, 1877, or this Act came or comes into force, namely:--
(a)
instruments
of gift of immovable property;
(b)
other
non-testamentary instruments which purport or operate to create, declare,
assign, limit or extinguish, whether in present or in future, any right, title
or interest, whether vested or contingent, of the value of one hundred rupees
and upwards, to or in immovable property;
(c)
non-testamentary
instruments which acknowledge the receipt or payment of any consideration on
account of the creation, declaration, assignment, limitation or extinction of
any such right, title or interest; and
(d)
leases of
immovable property from year to year, or for any term exceeding one year, or
reserving a yearly rent;
[72] [(e) non-testamentary instruments transferring or assigning
any decree or order of a Court or any award when such decree or order or award
purports or operates to create, declare, assign, limit or extinguish, whether
in present or in future, any right, title or interest, whether vested or
contingent, of the value of one hundred rupees and upwards, to or in immovable
property:]
Provided that
the [73] [State Government] may, by order published in the [74] [Official Gazette], exempt from the operation of this
sub-section any lease executed in any district, or part of a district, the
terms granted by which do not exceed five years and the annual rents reserved
by which do not exceed fifty rupees.
[75] [(1A) The documents containing contracts to
transfer for consideration, any immovable property for the purpose
of section 53A of the Transfer of Property Act, 1882 (4 of 1882)
shall be registered if they have been executed on or after the commencement of
the Registration and Other Related laws (Amendment) Act, 2001 and if such
documents are not registered on or after such commencement, then, they shall
have no effect for the purposes of the said section 53A.]
(2)
Nothing
in clauses (b) and (c) of sub-section (1) applies to?
(i)
any
composition deed; or
(ii)
any
instrument relating to shares in a joint stock Company, notwithstanding that
the assets of such Company consist in whole or in part of immovable property;
or
(iii)
any
debenture issued by any such Company and not creating, declaring, assigning,
limiting or extinguishing any right, title or interest, to or in immovable
property except in so far as it entitles the holder to the security afforded by
a registered instrument whereby the Company has mortgaged, conveyed or otherwise
transferred the whole or part of its immovable property or any interest therein
to trustees upon trust for the benefit of the holders of such debentures; or
(iv)
any
endorsement upon or transfer of any debenture issued by any such Company; or
(v)
[76] [any document other than the documents specified in
sub-section (1A)] not itself creating, declaring, assigning, limiting or
extinguishing any right, title or interest of the value of one hundred rupees
and upwards to or in immovable property, but merely creating a right to obtain
another document which will, when executed, create, declare, assign, limit or
extinguish any such right, title or interest; or
(vi)
any
decree or order of a Court [77] [except a decree or order expressed to be made on a compromise
and comprising immovable property other than that which is the subject-matter
of the suit or proceeding]; or
(vii)
any
grant of immovable property by [78] [Government]; or
(viii)
any
instrument of partition made by a Revenue-Officer; or
(ix)
any
order granting a loan or instrument of collateral security granted under the
Land Improvement Act, 1871, or the Land Improvement Loans Act, 1883; or
(x)
any
order granting a loan under the Agriculturists, Loans Act, 1884, or instrument
for securing the repayment of a loan made under that Act; or
[79] [(xa) any order made under the Charitable Endowments Act,
1890, (6 of 1890) vesting any property in a Treasurer of Charitable Endowments
or divesting any such Treasurer of any property; or]
(xi)
any
endorsement on a mortgage-deed acknowledging the payment of the whole or any
part of the mortgage-money, and any other receipt for payment of money due
under a mortgage when the receipt does not purport to extinguish the mortgage;
or
(xii)
any
certificate of sale granted to the purchaser of any property sold by public
auction by a Civil or Revenue-Officer.
[80] [Explanation.--A document purporting or operating to effect
a contract for the sale of immovable property shall not be deemed to require or
ever to have required registration by reason only of the fact that such
document contains a recital of the payment of any earnest money or of the whole
or any part of the purchase money.]
(3)
Authorities
to adopt a son, executed after the 1st day of January, 1872, and not conferred
by a will, shall also be registered.
[STATE AMENDMENTS
ANDHRA
PRADESH
[81] [In section 17,--
(a)
in
sub-section (1),--
(i)
for
clause (d) the following shall be substituted, namely:--
"(d) leases of
immovable property;"
(ii)
after
clause (e) but before the proviso, the following clauses shall be inserted,
namely:--
"(f) any decree
or order or award or a copy thereof passed by a civil court on
consent of the defendants or on circumstantial evidence but not on the basis of
any instrument which is admissible in evidence under section 35 of the
Indian Stamp Act, 1899 (2 of 1899), such as registered title deed produced by
the plaintiff where such decree or order or award purports or operate to
create, declare, assign, limit, extinguish whether in present or in future any
right, title or interest whether vested or contingent of the value of one
hundred rupees and upwards to or in immovable property; and
(g) agreement of sale
of immovable property of the value of one hundred rupee and
upwards;"
(b)
in
sub-section (2),--
(i)
in
clause (v), for the words "any document not in itself creating", the
words "any document except an agreement of sale as mentioned in clause (g)
of sub-section (1) not in itself creating",
shall be substituted,
(ii)
in
clause (vi), for the words "any decree or order of a
court", the words "any decree or order of a court, not being a decree
or order or award falling under clause (f) of sub-section (1)", shall be
substituted,
(iii)
the
Explanation shall be omitted.
GUJARAT:
[82] [In section 17,--
(i)
in
sub-section (1), after clause (a), insert as under:-- .
"(aa)
instruments which purport or operate to effect any contract for transfer of any
immovable property;"
(ii)
after sub-section
(1), insert as under:
"(1A) The
provisions of section 23 shall apply to an instrument referred to in clause
(aa) of sub-section (1) and executed before the commencement of the
Registration (Gujarat Amendment) Act, 1982 as if in that section for
the words "from the date of its execution" the words, figures and
letters "from the 1st March, 1982" has been substituted."
(iii)
in
sub-section (2), delete Explanation.]
[83] [In Section 17
(1)
in
sub-section (1), after clause (a), the following clause shall be inserted,
namely:-
"(aa)
instruments which purport or operate to effect any contract for transfer of
immovable property;";
(2)
after
sub-section (1), the following sub-section shall be inserted, namely :
"(1A) The
provisions of section 23 shall apply to an instrument referred to at clause
(aa) of sub-section (1) and executed before the commencement of the
Registration (Gujarat Amendment) Act, 1982 as if in that section for the
words "from the date of its execution" the words, figures, and
letters "from the 1st March, 1982" had been substituted."
(3)
in
sub-section (2), the explanation shall be deleted.]
[84] [In Section 17
The following clauses
shall be inserted, namely:-
"(f) power of
attorney relating to transfer of immovable property possession whereof has been
or is handed over to the purported attorney holder;
(g) instrument
relating to the a mortgage by deposit of title deeds:",]
KERALA:
[85] [In sub-section (2) omit clauses (ix) and (x).]
[86] [In Section 17
Omitted.]
[87] [In Section 17
(i)
in
sub-section (1), after clause (e), the following clauses shall be
inserted, namely:--
(f) Instruments
purporting or operating to effect a contract for the sale of immovable property
of the value of one hundred rupees and upwards;
(g) Power of attorney
creating any power or right of management, administration, development,
transfer or any other transaction relating to immovable property of the value
of one hundred rupees and upwards other than those executed in favour of
father, mother, wife, husband, son, adopted son, daughter, adopted daughter,
brother, sister, son-in-law or daughter-in-law of the executant.";
(ii)
in
sub-section (2),' the Explanation shall be omitted.]]]
PONDICHERRY:
[88] [In sub-section (3), for the words "the first day of
January, 1872", substitute the words "the 9th day of January,
1969".
RAJASTHAN:
[89] [[90] [(1) In section 17 sub-section (2)-
(a)
for
the full-stop at the end of Cl. (xii), a comma and the word "or"
shall be substituted; and
(b)
after
Cl. (xii), insert the following clause, namely:-
"(xiii)
any instrument referred to in sub-section (5) of section 89."
(2)?? ?In Section 17 -
(a)
in
sub-section (1), after clause (e) and before the proviso, the following
clauses shall be added, namely:--
"(f) agreement
to sell immovable property possession whereof has been or is handed over to the
purported purchaser;
(g) irrevocable power
of attorney relating to transfer of immovable property in any way;" and
(b)
in
sub-section (2), the existing Explanation shall be omitted.
TAMIL
NADU:
[91] [In section 17, in sub-section (1), after clause (e), the
following clause shall be added, namely:--
"(f) instruments
of agreement relating to construction of multi unit house or building on land
held by several persons as referred to in clause (i) under Article 5 of
Schedule I to the Indian Stamp Act, 1899 (2 of 1899)."
UTTAR
PRADESH:
[92] [In section 17,--
(a)
in
sub-section (1)?
(i)
in
clauses (b) and (e) omit the words "of the value of one hundred rupees and
upwards",
(ii)
after
clause (e), insert as under--
"(f) any other
instrument required by any law for the time being in force, to be
registered",
(iii)
Omit
proviso.
(b)
in
sub-section (2)?
(i)
in
clause (v), after the words "any document" occurring in the
beginning, insert the words "other than contract for sale", and omit
the words "of the value of the one hundred
rupees and upwards",
(ii)
omit Explanation.
(c)
in
sub-section (3), after the words "by a will", insert the words
"and an instrument recording adoption of a child executed after the first
day of January, 1977".
ORISSA
[93] [In Section 17 of the principal Act, in Sub-section (1),
after Clause (e), the following clauses shall be inserted before the proviso,
namely :
"(f) agreement
to sell immovable property possession whereof has been or is handed over to the
purported purchaser;
(g) power-of-attorney
relating to transfer of immovable property possession whereof has been or is
handed over to the purported attorney holder".]
TAMIL
NADU
[94] [In Section 17
(1)
in
sub-section (1), for clause (f), the following clauses shall be substituted,
namely:--
"(f)? ?instruments of agreement relating to
construction of building as referred to in clause (i) under Article 5 of Schedule
I to the Indian Stamp Act, 1899 (Central Act II of 1899);
(g)? ?instruments of agreement relating to sale of
immovable property of the value of one hundred rupees and upwards;
(h)?? ?instruments of Power of Attorney relating to
immovable property other than those executed outside India;
(i)?? ?instruments evidencing an agreement relating
to the deposit of title deeds:";
(2)
in
sub-section (2), the Explanation shall be omitted.]
MAHARASHTRA
-
[95] [In section 17 of the principal Act, in sub-section (1),
after clause (e), the following clauses shall be added, namely,:--
(f) ???agreement
relating to the Deposit of title deeds, where such deposit has been made by way
of security for the repayment of a loan or an existing or future debts;
(g) ??sale certificate
issued by any competent officer or authority under any recovery Act;
(h)? ?irrevocable Power of Attorney relating to
transfer of immovable property in any way, executed on or after the
commencement of the Registration (Maharashtra Amendment) Act, 2010 (Mah. X of
2012).]
MAHARASHTRA
-
[96] [In sub-section (2), in clause (x),--
(a)
after
the words and figures "Agriculturists' Loans Act, 1884", insert
"or under the Bombay Non-Agriculturists' Loans Act, 1928";
(b)
for
the words "under that Act", substitute "under either of those
Acts".
MADHYA
PRADESH
[97] [In its application to the State of Madhya Pradesh, in
Section 17,-
(i)
in
Sub-Section (1), in Cl. (e), for colon, the semi colon shall be substituted and
thereafter the following clauses shall be inserted, namely:-
"(f) ?any
document which purports or operates to effect any contract for sale of any
immovable property:
(g)? ?power of attorney relating to sale of
immovable property in any way."
(ii)
in
sub-section (2),-
(a)
in
Cl. (v), for the words, bracket, figure and letter "any document other
than the document specified in sub-section (1-A)", substitute the words,
brackets, figures and letters "any document other than the document's
specified in clauses (f) and (g) of sub-section (1) and sub-section
(1-A)";
(b)
the
existing explanation shall be omitted.]
BIHAR
[98] [Clause (d) of sub-section (1) of Section-17 shall be
substituted as follows:--
"(d) leases of
immovable property; and]
Section 18 - Documents of which registration is optional
Any
of the following documents may be registered under this Act, namely:--
(a) Instruments (other
than instruments of gift and wills) which purport or operate to create,
declare, assign, limit or extinguish, whether in present or in future,
any right, title or interest, whether vested or contingent, of a value
less then one hundred rupees, to or in immovable property;
(b) instruments
acknowledging the receipt or payment of any consideration on account of the
creation, declaration, assignment, limitation or extinction of any such right,
title or interest;
(c) leases of
immovable property for any term not exceeding one year, and leases exempted
under section 17;
[99] [(cc) instruments transferring or
assigning any decree or order of a Court or any award when such decree or order
or award purports or operates to create, declare, assign, limit or extinguish, whether
in present or in future, any right, title or interest, whether vested or
contingent, of a value less than one hundred rupees, to or in immovable
property;]
(d) instruments (other
than wills) which purport or operate to create, declare, assign, limit or
extinguish any right, title or interest to or in movable property;
(e) wills; and
(f) all
other documents not required by section 17 to be registered.
[STATE AMENDMENTS
ANDHRA
PRADESH:
[100] [In section 18, clause (c) should be
omitted.
GUJARAT:
[101] [Amendments are
the same as those of Maharashtra.
MAHARASHTRA:
[102] [[103] [In section 18,--
(i) delete the word
"and" after clause (e);
(ii) after clause (e)
insert the following clause, namely:--
"(ee)
notices of pending suits or proceedings referred to in section 52 of the
Transfer of Property Act, 1882;".
Note.--section
2 of Bombay Act 14 of 1939, as amended by Bombay Act 17 of 1945, is as
follows:--
"2.
Application of Act.--This Act shall apply to notices in respect of suits
or proceedings which relate to immovable properties situate wholly or partly in
the Greater Bombay with effect from such date as may be directed by the State
Government in this behalf by notification in the Official Gazette:
Provided
that the State Government may by similar notification direct that the
provisions of this Act shall apply to such notices relating to immovable
properties situate wholly or partly in such other area as may be specified in
the said notification."
(iii) the word
"and" in clause (ee) shall be added at the end and clause
(eei) inserted by Act (Bombay Act 6 of 1960), section 43, shall be deleted.
UTTAR
PRADESH:
[104] [[105] [In section 18, clauses (a), (b) and
(cc) be omitted.
In
section 18(c), omit the words and figures "and leases exempted under
section 17".
[Section 18A
[106] [After Section 18
The
following section shall be inserted, namely:
"18-A.
Documents for registration to be accompanied by a true copy thereof.
(1)
The
Registering Officer shall refuse to register any document presented to him for registration
unless such document is accompanied by a true copy thereof, and in the case of
a document referred to in section 19, also by a true copy of the translation
referred to therein.
(2)
A
copy referred to in sub-section (1) shall not be a carbon copy, and shall be
neatly handwritten, printed or type written, or be a cyclostyled copy of
type-written matter, on only one side of the paper, and shall be prepared in
accordance with such rules, if any, as may be made in that behalf, and shall
contain a declaration in the prescribed manner that the same is a true copy of
the document or of the translation, as the case may be."]
DELHI:
[107] [Same as in Punjab.
HIMACHAL
PRADESH
[108] [Same as in Punjab.
[109] [After section 18
The
following section shall be inserted, namely:--
"18-A.
Document for registration to be accompanied by a true copy.--
Notwithstanding
anything contained in this Act, the registering officer shall refuse to
register any document presented to him for registration unless such document is
accompanied by a true copy thereof."]
PUNJAB,
HARYANA, CHANDIGARH:
[110] [After section 18, insert the following
new section:--
"18A.
Document for registration to be accompanied by a true copy thereof.--
Notwithstanding anything contained in this Act, the registering officer shall
refuse to register any document presented to him for registration unless such
document is accompanied by a true copy thereof."]
[111] [After Section 18
The
following section shall be inserted, namely:-
"18A.
Documents for registration to be accompanied by a true copy thereof
-Notwithstanding any thing contained in this Act, the registering officer shall
refuse to register any document presented fo him for registration
unless such document is accompanied by a true copy thereof."]
TRIPURA:
[112]After section 18, insert as under:--
"18A.
Document for registration to be accompanied by a true copy.--
(1) Notwithstanding
anything contained in the Act, the registering officer shall refuse to register
any document presented to him for registration unless such document is
accompanied by a true copy thereof.
(2) The true copy
referred to in sub-section (1) shall be neatly handwritten or printed or
type-written or lithographed or otherwise prepared in such manner as may be
prescribed."
UTTAR
PRADESH:
Section
18A as inserted by U.P. Act 14 of 1971, omitted by U.P. Act 19 of 1981, section
7 (w.r.e.f. 1-8-1981). Prior to omission section 18A ran as under:
"18A. Documents for
registration to be accompanied by a true copy thereof.--
(1) The registering
officer shall refuse to register any document presented to him for registration
unless such document is accompanied by a true copy thereof, and in the case of
a document referred to in section 19, also by a true copy of the
translation referred to therein.
(2) A copy referred to in
sub-section (1) shall not be a carbon copy, and shall be neatly handwritten,
printed or typewritten, or be a cyclostyled copy of type-written matter, on
only one side of the paper, and shall be prepared in accordance with such
rules, if any, as may be made in that behalf, and shall contain a declaration
in the prescribed manner that the same is a true copy of the document or of the
translation, as the case may be."
BIHAR
[113] [Clause (c) of Section 18 shall be
deleted."]
Section 19 - Documents in language not understood by registering officer
If
any document duly presented for registration be in a language which
the registering officer does not understand, and which is not commonly used in
the district he shall refuse to register the documents, unless it be
accompanied by a true translation into a language commonly used in the district
and also by a true copy.
[STATE
AMENDMENTS
DELHI:
[114] [Same as in Punjab.
HIMACHAL PRADESH:
[115] [Same as in Punjab.
[116] [In section 19
The
words "a true translation", the words "two copies of the true
translation" shall be substituted.]
KERALA:
[117] [In section 19, the words "and also
by a true copy" shall be omitted.]
[118] [After section 19, insert the
following new section:--
"19A.
Documents presented for registration to be accompanied by true copies
thereof.--
(1) No document shall be
accepted for registration unless it is accompanied by a true copy thereof.
(2) The true copy
referred to in sub-section (1) shall be neatly handwritten, printed,
typewritten, lithographed or otherwise prepared in accordance with such rules
may be made in this behalf."]
[119] [In Section 19
Omitted.]
[120] [After Section 19
The
following section shall be inserted, namely:-
"19A.
Documents presented for registration to be accompanied by true copies thereof.-
(1)
No
document shall be accepted for registration unless it is accompanied by a true
copy thereof.
(2)
The
true copy referred to in sub-section (1) shall be neatly hand written, printed,
typewritten, lithographed or otherwise prepared in accordance with such rules
as may be made in this behalf.".]
MAHARASHTRA, GUJARAT:
For
modification of section 19, see sub-section (3) of section 70-D(3) in Part XI-A
inserted in the main Act by the Indian Registration (Bombay Amendment) Act,
1930 (17 of 1930) (w.e.f. 4.9.1930); Bombay Act 35 of 1958; Act 11 of 1960,
Section 87.
Where
registration is done by photogravure process, this section would have no
application.--See sections 70-C and 70-D supra inserted by Bombay Act 17 of
1930.
PUNJAB, HATYANA, CHANDIGARH:
[121] [For the words "a true
translation", substitute "two copies of the true translation".]
[122] [In Section 19
The
words "a true translation" the words "two copies of the true translation"
shall be substituted.]
ORISSA:
[123] [The words "and also by a true
copy" shall be omitted.]
[124] [After section 19, insert--
"19A.
Documents presented for registration to accompany true copies thereof.--
(1)
No
document shall be accepted for registration, unless it is accompanied by a true
copy thereof.
(2)
The
true copy referred to in sub-section (1) shall be legibly handwritten, printed,
type-written, lithographed, cyclostyled or [125] [otherwise legibly prepared] only
on one side of the paper and in accordance with such rules as may be made in
this behalf by the State Government, and shall contain a declaration in the
prescribed manner that the same is a true copy of the document and its
translation, if any."
[126] [In Section 19-A
In
Sub-section (2), for the words "otherwise prepared", the words
"otherwise legibly prepared" shall be substituted.]
RAJASTHAN:
[127] [Same as that in Punjab.
TRIPURA:
[128] [Same as that in Punjab.
Section 19A
TAMIL NADU:
[129] [Same as in West Bengal.
WEST BENGAL:
[130] [The words "and also by a true
copy" shall be omitted.]
[131] [After Section 19
The
following section shall be inserted:-
19A.
"Document unless accompanied by a true copy thereof not to be accepted for
registration
Notwithstanding
anything contained elsewhere in this Act or in any other law for the time being
in force, no document shall be accepted by the registering officer for
registration unless it is prepared and presented, and accompanied by a true
copy thereof, in accordance with such rules as may be made in this
behalf."]
GOA:
[132] [After section 19, insert--
"19A.
Documents presented for registration to be accompanied by true copies
thereof.--
(1)
No
document shall be accepted for registration unless it is accompanied by a true
copy thereof.
(2)
The
true copy referred to in sub-section (1) shall be neatly handwritten, printed,
typewritten, lithographed or otherwise prepared in accordance with such rules
as may be made in this behalf."]
KARNATAKA:
[133] [Same as that in Kerala.
[134] [After Section 19
The following
section shall be inserted, namely:-
"19A.
Documents presented for registration to be accompanied by true copies thereof.-
(1)
No
document shall be accepted for registration unless it is accompanied by a true
copy thereof.
(2)
The
true copy referred to in sub-section (1) shall be neatly hand written, printed,
typewritten, lithographed or otherwise prepared in accordance with such rules
as may be made in this behalf."]
RAJASTHAN:
[135] [Insert section 19A as under:--
"19A.
Refusal to register.--
Notwithstanding
anything contained in this Act, the registration officer shall refuse to
register any document presented to him for registration unless such document is
accompanied by a true or photostat copy thereof."
TAMIL NADU AND WEST BENGAL:
For
modification of section 14-- See Schedule to Act as inserted by Tamil Nadu Act
21 of 1966 and West Bengal Act 17 of 1978.]
Section 20 - Documents containing interlineations, blanks, erasures or alterations
(1) The registering
officer may in his discretion refuse to accept for registration
any document in which any interlineation, blank, erasure or
alteration appears, unless the persons executing the document attest with their
signatures or initials such interlineation, blank, erasure or alteration.
(2) If the registering
officer registers any such document, he shall, at the time of registering the
same, make a note in the register of such interlineation, blank, erasure or
alteration.
STATE AMENDMENTS
Maharashtra,
Gujarat:
Note.--For omission of
sub-section (2) of section 20, see sub-section (3) of section 70D in Part XIA
inserted in main Act by the Indian Registration (Bombay Amendment) Act, 1930
(17 of 1930) (w.e.f. 4-9-1930); Bombay Act 35 of 1958; Act 11 of 1960, Section
87; Gujarat A.L.O., 1960.
TAMIL
NADU:
[136] [ In its application to the State of
Tamil Nadu, in Section 20, sub-section (1), after the expression "persons
executing the document", insert " and in the case of document for
sale of property, the persons claiming under that document also".]
Section 21 - Description of property and maps or plans
(1) No non-testamentary
document relating to immovable property shall be accepted for registration
unless it contains a description of such property sufficient to identify the
same.
(2) Houses in towns shall
be described as situate on the north or other side of the street or road (which
should be specified) to which they front, and by their existing and former
occupancies, and by their numbers if the houses in such street or road are
numbered.
(3) Other houses and
lands shall be described by their name, if any, and as being the territorial
division in which they are situate, and by their superficial contents, the
roads and other properties on to which they abut, and their existing
occupancies, and also, whenever it is practicable, by reference to a Government
map or survey.
(4) No non-testamentary
document containing a map or plan of any property comprised therein shall be
accepted for registration unless it is accompanied by a true copy of the map or
plan, or, in case such property is situate in several districts, by such number
of true copies of the map or plan as are equal to the number of such districts.
STATE
AMENDMENTS
ANDHRA
PRADESH
[137] [In the Registration Act, 1908
(Central Act 16 of 1908), (hereinafter referred to as the Principal Act), in
section 21, after sub-section (4), the following sub-sections shall be added,
namely-
"(5)
The immovable properties mentioned in sub-sections (1), (2) and (3) may also be
described by the use of a unique identification number, called Bhudhaar,
assigned to such immovable properties in accordance with the law for the time
being in force and as may be prescribed.
(6)
The map or Plan of a property mentioned in sub-section (4) and in section 22
may be in the form of a printed copy of such map or plan created in such an
electronic or digital format as may be prescribed, for defining all the
vertices and boundaries of the property.".]
GUJARAT
[138] [Amendment is the same as that of
Maharashtra.
MAHARASHTRA
[139] [For sub-section (2), substitute
the following, namely:--
"(2)
Houses in towns shall be described as situate on the north or other side of the
street or road (which should be specified) to which they front, and by their
existing and former occupancies, and by their numbers if the houses in such
street or road are numbered. In all city surveyed areas, houses and lands shall
also be described by their cadastral survey numbers as in the city survey maps
and records."
Note.--
For omission of sub-section (4) of section 21, see sub-section (3) of section
70D inserted in the main Act by Bombay Act 17 of 1930.]
ASSAM
[140] [After Section 21
the
following new section 21A shall be inserted, namely: -
"21A.
No registration of non-testamentary instruments without no objection
certificate.-
Notwithstanding
anything contained in any other provision of this Act, no non-testamentary
instrument relating to immovable property shall be accepted for registration,
unless the Deputy Commissioner of the concerned district issues a No
Objection Certificate containing the description of such immovable property to
be transferred and also such other No objection Certificates, which are
required to be issued by the Deputy Commissioner or any other Authority under
any law for the time being in force or under any Executive Instruction, Order,
etc., issued by the State Government from time-to-time:
Provided
that all such No Objection Certificates shall be issued within a period of
thirty days from the date of the receipt of application and in case No
Objection Certificate is not issued within the stipulated period of
thirty days, a speaking order with reasons thereof shall be issued to the
applicant within the said stipulated period."]
UTTARAKHAND
[141] [In Section 21
In
placed of sub-section (1) of section 21 of the Principal Act, shall be substituted
as follows; namely:-
"(1)
No non-testamentary document relating to immovable property shall be
accepted for registration unless,-
(a) it contains a
description of such property sufficient to identify the same; and
(b) It is accompanied
also, where the property is agricultural land, by a map or plan, not
necessarily on scale, showing all properties with full description in the
radius of two hundred meters of that agricultural land.".]]]
UTTAR
PRADESH
[142] [In its application to
the State of Uttar Pradesh, in Section 21, for sub-section (1)
substitute the following sub-section, namely:-
"(1-A)
No non-testamentary documeny relating to immovable property shall be
accepted for registration unless,-
(a) it contains a
description of such property sufficient to identity the same; and
(b) it is accompanied
also, where the property is agricultural land, by a map or plan, not
necessarily on scale, showing all properties with full description in the
radius of two hundred meters of that agricultural land."]
Section 22 - Description of houses and land by reference to Government maps or surveys
(1) Where it is, in the
opinion of the [143] [State Government], practicable to
describe houses, not being houses in towns, and lands by reference to a
Government map or survey, the [144] [State Government] may, by rule made
under this Act, require that such houses and lands as aforesaid shall, for the purposes
of section 21, be so described.
(2) Save as otherwise
provided by any rule made under sub-section (1), failure to comply with the
provisions of section 21, sub-section (2) or sub-section (3), shall not
disentitle a document to be registered if the description of the
property to which it relates is sufficient to identify that property.
[STATE
AMENDMENTS
DELHI:
[145] [Same as in Punjab.
GUJARAT:
[146] [Same as that of Maharashtra.
MAHARASHTRA:
[147] [In section 22, for sub-section (2),
substitute the following, namely:--
"(2)
Except in the case of city surveyed areas and except as otherwise provided by
any rule made under sub-section (1), failure to comply with the provisions of
section 21, sub-section (2) or sub-section (3), shall not disentitle a document
to be registered if the description of the property to which it relates is
sufficient to identify that property."
PUNJAB, HARYANA, CHANDIGARH:
[148]In section 22, in sub-section (1), omit
the words "not being houses in towns".
Section
22A
ANDHRA PRADESH:
[149] [After section 22, the following section
shall be inserted:--
"22A.
Documents registration of which is opposed to public policy.--
(1) The State Government
may, by notification in the Official Gazette, declare that the registration of
any document or class of documents is opposed to public policy.
(2) Notwithstanding
anything contained in this Act, the registering officer shall refuse to
register any document to which a notification issued under sub-section (1) is
applicable."
BIHAR:
[150] [After section 22 insert as under:--
"22A.
Registration of documents which is against the public policy.--
(1) The State Government
may, by notification in the Official Gazette, declare that the registration of
any document or class of documents is against the public policy.
(2) Notwithstanding
anything contained in the Act, the registering officer shall refuse to register
any document to which the notification issued under sub-section (1) is
applicable."
GUJARAT:
[151] [Same as that of Maharashtra.
KARNATAKA:
[152] [Same as that of Orissa.
[153] [After Section 22
The following section shall be inserted
namely:-
"22A.
Documents registration of which is opposed to public policy.-
(1) The State Government
may, by notification, in the official Gazette, declare that the registration of
any document or class of documents is opposed to public policy.
(2) Notwithstanding
anything contained in this Act, the registering officer shall refuse to
register any document to which a notification issued under sub-section (1) is
applicable."]
MAHARASHTRA:
[154] [After section 22, insert the following
section, namely:--
"22A.
Documents registration of which is opposed to public policy.--
(1) The State Government
may, by notification in the Official Gazette, declare that the registration of
any document or class of document is opposed to public policy.
(2) Notwithstanding
anything contained in this Act, the registering officer shall refuse to
register any document to which a notification issued under sub-section (1) is
applicable."
Note.--For
notifications barring registration of documents relating to permanent
alienation of agricultural land without sanction from the Collector, see Bombay
Government Notification No. 1958/97574 IV-27/28 January, 1959 and No.
1959/192322(b), dated 18-1-1960; for similar notification in respect of
Vidarbha region, see Bombay Gazette, 1958, Pt. IV, p. 12; for declaration of
registration of trade marks under this Act as being against public policy, see
Bombay Gazette, 1958, Pt. IVA, p. 504.
MEGHALAYA:
[155] [After section 22, insert as under:
"22A.
Registration of certain documents may be declared as -being opposed to public
policy.--
(1) The State Government
may, by notification in the Official Gazette, declare that registration of any
document or class of documents is opposed to public policy.
(2) Notwithstanding
anything contained in this Act, the registering officer shall refuse to
register any document to which a notification made under sub-section (1) is
applicable."
RAJASTHAN:
[156] [Same as that of Orissa.
WEST BENGAL:
[157] [After section 22, insert the following
new section 22A:--
"22A.
Registration of certain documents to be opposed to public policy.--
(1) The State Government
may, by notification in the Official Gazette, declare that the registration of
any document or any class of documents specified in such notification shall be
opposed to public policy.
(2) The registering
officer shall examine a document prescribed for registration is one to which a
notification under sub-section (1) is applicable and shall take such evidence as
may be produced by the parties and may also require them to produce all
documents in their possession or custody which the registering officer
considers relevant.
(3) Notwithstanding
anything to the contrary contained elsewhere in the Act, the registering officer
shall refuse to register any document or any class of documents to which a
notification under sub-section (1) is applicable."
ORISSA:-
[158] [After Section 22 of the principal Act,
the following section shall be inserted, namely :
"22-A.
Document Registration of which Is opposed to public policy.--
(1) The State Government
may, by notification, declare that the registration of any document or class of
documents is opposed to public policy.
(2) Notwithstanding
anything contained in this Act, the registering officer shall refuse to
register a document to which a notification issued under Sub-section (1) is
applicable.]
PUDUCHERRY
[159] [After Section 22
The
following section shall be inserted, namely:-
22A.
Documents registration of which is opposed to pubic policy
(1)
The
state Government may, by notification in the official gazette, declare that the
registration of any document or class of documents is opposed to public policy.
(2)
Notwithstanding
anything contained in this Act, the registering officer shall refuse to
register any document or class of documents to which a notification issued
under sub-section (1) is applicable.]
PUNJAB
[160] [In Section 22
The
Indian Registration Act, 1908, shall, in its application to Punjab, be amended
as follows:--
In
sub-section (1) of section 22 of the said Act the words " not
being houses in towns " shall be omitted.]
TAMIL NADU
[161] [After Section 22
The
following section shall be substituted, namely:--
?
22-A. Refusal to register certain documents.--Notwithstanding anything contained
in this Act, the registering officer shall refuse to register any of the
following documents, namely:--
(1)
instrument
relating to the transfer of immovable properties by way of sale, gift,
mortgage, exchange or lease,--
(i) belonging to the
State Government or the local authority or Chennai Metropolitan Development
Authority established under section 9-A of the Tamil Nadu Town and Country
Planning Act, 1971(Tamil Nadu Act 35 of 1972);
(ii) belonging to, or
given or endowed for the purpose of, any religious institution to which the
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959(Tamil Nadu Act
22 of 1959) is applicable;
(iii) donated for Bhoodan
Yagna and vested in the Tamil Nadu State Bhoodan Yagna Board established under
section 3 of the Tamil Nadu Bhoodan Yagna Act, 1958(Tamil Nadu Act XV of 1958);
or
(iv) of Wakfs which are
under the superintendence of the Tamil Nadu Wakf Board established under the
Wakf Act, 1995(Central Act 43 of 1995), unless a sanction in this regard issued
by the competent authority as provided under the relevant Act or in the absence
of any such authority, an authority so authorised by the State Government for
this purpose, is produced before the registering officer;
(2)
instrument
relating to the transfer of ownership of lands converted as house sites
without the permission for development of such land from planning authority
concerned:
Provided
that the house sites without such permission may be registered if it is shown
that the same house site has been previously registered as house site.
Explanation
I.--For the purpose of this section ?local authority? means,--
(i) any Municipal
Corporation constituted under any law for the time being in force; or
(ii)
a
Municipal Council constituted under the Tamil Nadu District Municipalities Act,
1920(Tamil Nadu Act V of 1920) ; or
(iii)
a
Panchayat Union Council or a Village Panchayat constituted under the Tamil Nadu
Panchayats Act, 1994(Tamil Nadu Act 21 of 1994) ; or
(iv)
any
other Municipal Corporation, that may be constituted under any law for the time
being in force.
Explanation
II.--For the purpose of this section ?planning authority? means the authority
constituted under section 11 of, and includes the Chennai Metropolitan
Development Authority established under section 9-A of the Tamil Nadu Town and
Country Planning Act, 1971(Tamil Nadu Act 35 of 1972);
(3)
instrument relating to
cancellation of sale deeds without the consent of the person claiming under the
said sale deed.?.]
[162] [After Section 22
The
following Section shall be substituted, namely:--
"22-A.
Refusal to register certain documents.-- Notwithstanding anything contained in
this Act, the registering officer shall refuse to register any of the following
documents, namely:--
(1)
instrument
relating to the transfer of immovable properties by way of sale, gift,
mortgage, exchange or lease,--
(i) belonging to the
State Government or the local authority or Chennai Metropolitan Development
Authority established under Section 9-A of the Tamil Nadu Town and Country
Planning Act, 1971 (Tamil Nadu Act 35 of 1972);
(ii) belonging to, or
given or endowed for the purpose of, any religious institution to which the
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act
22 of 1959) is applicable;
(iii) donated for Bhoodan Yagna
and vested in the Tamil Nadu State Bhoodan Yagna Board established under
Section 3 of the Tamil Nadu Bhoodan Yagna Act, 1958 (Tamil Nadu Act 15 of
1958); or
(iv) of Wakfs which are
under the superintendence of the Tamil Nadu Wakf Board established under the
Wakf Act, 1995 (Central Act 43 of 1995), unless a sanction in this regard
issued by the competent authority as provided under the relevant Act or in the
absence of any such authority, an authority so authorised by the
State Government for this purpose, is produced before the Registering
Officer;
(2)
instrument
relating to the transfer of ownership of lands converted as house sites without
the permission for development of such land from Planning Authority concerned:
Provided
that the house sites without such permission may be registered if it is shown
that the same house site has been previously registered as house site.
Explanation
I.-- For the purpose of this Section 'local authority' means,--
(i) any Municipal
Corporation constituted under any law for the time being in force; or
(ii) a Municipal Council
constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu
Act 5 of 1920); or
(iii) a Panchayat Union
Council or a Village Panchayat constituted under the Tamil Nadu Panchayats Act,
1994 (Tamil Nadu Act 21 of 1994); or
(iv) any other Municipal
Corporation, that may be constituted under any law for the time being in force.
Explanation
II.--For the purpose of this Section 'planning authority' means the authority
constituted under Section 11 of, and includes the Chennai Metropolitan
Development Authority established under Section 9-A of the Tamil Nadu Town and
Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);
(3)
instrument
relating to cancellation of sale deeds without the consent of the
person claiming under the said sale deed.".]]]
[163] [After section 22 of the Registration
Act, 1908 (Central Act XVI of 1908), the following section shall be inserted,
namely: --
"22-A.
Documents registration of which is opposed to public policy.--
(1) The State Government
may, by notification in the Tamil Nadu Government Gazette, declare that the
registration of any document or class of documents is opposed to public policy.
(2) Notwithstanding
anything contained in this Act, the registering officer shall refuse to register
any document to which a notification issued under sub-section (1) is
applicable.".]
MAHARASHTRA -
[164] [Section 22A of the principal Act shall
be deleted.]
MADHYA PRADESH
[165] [In its application to the State of
Madhya Pradesh, after Section 22, insert the following new Section, namely,-
"22-A.
Non-acceptance of registration of document regarding the property already
conveyed by a registered document by the same person.-
Notwithstanding
anything contained in this Act or any other law for the time being in force, no
Registering Officer shall accept for Registration any document relating to the
sale of any immovable property, if the property comprised therein has already
been conveyed or permanently alienated by the same person or his representative
assign or agent in favour of any other person by a registered document, unless
the previous registered document is cancelled by order of a Court."]
Section 23 - Time for presenting documents
Subject
to the provisions contained in sections 24, 25 and 26,
no document other than a will shall be accepted for registration
unless presented for that purpose to the proper officer within four months from
the date of its execution:
Provided
that a copy a of a decree or order may be presented within four months from the
day on which the decree or order was made, or, where it is appealable, within
four months from the day on which it becomes final.
Section 23A - Re-registration of certain documents
[166] [23A.
Re-registration of certain documents
Notwithstanding
anything to the contrary contained in this Act, if in any case
a document requiring registration has been accepted for registration
by a Registrar or Sub-Registrar from a person not duly empowered to present the
same, and has been registered, any person claiming under such document may,
within four months form his first becoming aware that the registration of such
document is invalid, present such document or cause the same to be presented,
in accordance with the provisions of Part VI for re-registration in the office
of the Registrar of the district in which the document was originally
registered; and upon the Registrar being satisfied that the document was so
accepted for registration from a person not duly empowered to present the same,
he shall proceed to the re-registration of the document as if it has not been
previously registered, and as if such presentation for re-registration was a
presentation for registration made within the time allowed therefore under Part
IV, and all the provisions of this Act, as to registration of documents, shall
apply to such re-registration; and such document, if duly re-registered in
accordance with the provisions of this section, shall be deemed to have been
duly registered for all purposes from the date of its original registration:
Provided
that, within three months from the twelfth day of September, 1917, any person
claiming under a document to which this section applies may present the same or
cause the same to be presented for re-registration in accordance with this
section, whatever may have been the time when he first became aware that the
registration of the document was invalid.]
STATE
AMENDMENTS
Section
23B
[167] [Andhra Pradesh:
After
section 23A, insert the following section, namely:--
"23B.
Power of State Government to permit the registration of documents registered in
the loges at Masulipatnam and in certain other areas in French India.--
(1) The State Government
may, by notification in the Andhra Gazette, direct that all documents, or any
class of documents, which?
(a) relate to properties
situated within the loges at Masulipatnam (formerly known as Masulipatam), the
areas whereof have been set out in the Schedule to the Madras (Enlargement of
Areas and Alteration of Boundaries) Order, 1948,
(b) have been registered
in a registration office by an official appointed or controlled by any French
Indian authority, and
(c) are required to be
registered under this Act,
may be registered under this
Act free of all charges, within such time, and subject to such restrictions and
conditions, as may be specified in the notification; and if any document is so
registered, the registration shall have effect for all purposes from the date
on which the document was originally registered by the official referred to in
clause (b):
Provided
that nothing in this sub-section shall be deemed to invalidate any decree or
order touching any such document which may have been passed by any Court of Law
and become final before the enactment of this section.
(2) Sub-section (1)
shall apply in relation to documents relating to properties situated
within the limits of any French territory now adjoining the territory of the
State of Andhra Pradesh, as it applies in relation to documents relating to
properties situated within the loges referred to in sub-section (1), subject to
the modification that for the words "before the enactment of this
section" occurring in the proviso, the words "before such date as may
be notified in that behalf by the State Government" shall be substituted."
[168] [Kerala:
Malabar--Omit
section 23B inserted by Madras Act 17 of 1952 as in force in the Malabar
District.
[169] [Tamil Nadu:
After
section 23A the following section shall be inserted:--
"23B.
Power of State Government to permit the registration of documents registered in
the loges at Kozhikode and in certain other areas in French India.--
(1) The Government may,
by notification in the Fort St. George Gazette, direct that all documents,
or any class of documents, which?
(a) relate to properties
situated within the loges at Kozhikode (formerly known as Calicut), the areas
whereof have been set out in the Schedule to the Madras (Enlargement of Areas
and Alteration of Boundaries) Order, 1948,
(b) have been registered
in a registration office by an official appointed or controlled by any French
Indian authority, and
(c) are required to be
registered under this Act,
may be registered under this Act free
of all charges, within such time, and subject to such restrictions and
conditions, as may be specified in the notification; and if any document is so
registered, the registration shall have effect for all purpose from
the date on which the document was originally registered by the official
referred to in clause (b):
Provided
that nothing in this sub-section shall be deemed to invalidate any decree
or order touching any such document which may have been passed by any Court of
law and become final before the enactment of this section.
(2) Sub-section (1) shall
apply in relation to documents relating to properties situated within the limits
of any French territory now adjoining the territory of the State of Madras, as
it applies in relation to documents relating to properties situated
within the loges referred to in sub-section (1), subject to the modification
that for the words "before the enactment of this section" occurring
in the proviso, the words "before such date as may be notified in that
behalf by the State Government" shall be substituted."
Section 24 - Documents executed by several persons at different times
Where
there are several persons executing a document at different times, such
document may be presented for registration and re-registration within four
months from the date of each execution.
Section 25 - Provision where delay in presentation is unavoidable
(1) If, owing to urgent
necessity or unavoidable accident, any document executed, or copy of
a decree or order made, in [170] [India] is not presented for
registration till after the expiration of the time hereinbefore prescribed in
that behalf, the Registrar, in cases where the delay in presentation does not
exceed four months, may direct that, on payment of a fine not exceeding ten
times the amount of the proper registration-fee, such document shall be
accepted for registration.
(2) Any application for
such direction may be lodged with a Sub-Registrar, who shall forthwith forward
it to the Registrar to whom he is subordinate.
STATE
AMENDMENT
[171]Rajasthan:
In
section 25--
(a) in sub-section (1),
for the word "Registrar", the words "Registering Officer",
for the words "direct that", the words "register the
document" and for the expression "such document shall be accepted for
registration", the words "on such document" shall be
substituted; and
(b) sub-section (2) shall
be omitted.
Section 26 - Documents executed out of India
When
a document purporting to have been executed by all or any of the
parties out of[172] [India] is not presented for
registration till after the expiration of the time hereinbefore prescribed in
that behalf, the registering officer, if satisfied--
(a) that
the instrument was so executed, and
(b) that it has been
presented for registration within four months after its arrival in[173] [India],
may, on payment of the proper
registration-fee accept such document for registration.
Section 27 - Wills may be presented or deposited at any time
A
will may at any time be presented for registration or deposited in manner
hereinafter provided.
Section 28 - Place for registering documents relating to land
Save
as in this Part otherwise provided, every document mentioned in
section 17, sub-section (1), clauses (a), (b), (c) [174] [,(d) and (e), section 17, sub-section
(2), insofar as such document affects immovable property,] and section 18,
clauses (a), (b) [175] [(c) and (cc),] shall be presented for
registration in the office of a Sub-Registrar within whose sub-district the
whole or some portion of the property to which such document relates is
situate.
[STATE AMENDMENTS
ANDHRA
PRADESH:
[176] [In section 28, for the expression
"clauses (a), (b), (c), (d) and (e) of section 17, sub-section 2",
the expression "clauses (a), (b), (c), (d), (e), (f) and (g) of section
17, sub-section (2)", and for expression "clauses (a), (b), (c) and
(cc)" the expression "clauses (a), (b) and (cc)" shall be
substituted.
BIHAR:
[177] [Substitute section 28 as under:
"28.
Place for registering documents relating to land.--Save as in this part
otherwise provided every document mentioned in clauses (a), (b), (c), (d) and
(e) of sub-section (1) and sub-section (2) of section 17 insofar as such
documents affect immovable property and in clauses (a), (b), (c) and (cc) of
section 18 shall be presented for registration in the office of the
Sub-Registrar within whose sub-district or district the whole of the property
to which such document relates is situated in the State of Bihar."
[178] [In Section-28 of the Registration
Act, 1908 the following proviso shall be added as follows:--
"Provided
that such documents may also be presented in the office of the
sub-registrar of the district headquarters whose office has been amalgamated
with the office of Registrar under Section-7 and within whose district the
whole of the property to which such document relates is situate irrespective of
its being situated in one or more sub-districts of the district."]
GUJARAT:
[179] [Amendment is the same as that of
Maharashtra.
MAHARASHTRA:
[180] [(i) In section 28 for the letters,
brackets and word "(b) and (c)" substitute the brackets, letters and
word "(b), (c), (cc) and (ee)".]
[181] [(ii) For brackets, letters, word and figure
"(ee) and (eee)", brackets, letters and words "and (ee)"
shall be substituted.]
PONDICHERRY:
[182] [Section 28 shall be substituted as
under:
"28.
Place for registering documents relating to land.--Save as in this
Part otherwise provided,--
(a) every document
mentioned in clauses (a), (b), (c), (d) and (e) of sub-section (1) and
sub-section (2) of section 17, in so far as such document affects immovable
property and in clauses (a), (b), (c) and (cc) of section 18 shall be presented
for registration in the office of a Sub-Registrar within whose sub-district the
whole or some portion of the property to which such document relates is situate
in the Union Territory of Pondicherry; and
(b) any document
registered outside the Union Territory of Pondicherry in contravention of the
provisions of clause (a) shall be deemed to be null and void."
PUDUCHERRY
[183] [In Section 28
The
following section shall be substituted, namely:-
28.
Place for registering documents relating to land
Save
as in this Part otherwise provided,---
(a) every document
mentioned in clauses (a), (b), (c), (d) and (e) of subsection (1) and
sub-section (2) of section 17 in so far as such document affects immovable
property and in clauses (a), (b), (c) and (cc) of section 18 shall be presented
for registration in the office of a Sub-Registrar within whose sub-district the
whole or some portion of the property to which such document relates is situate
in the Union territory of Puducherry; and
(b) any document
registered outside the Union territory of Puducherry in contravention of the
provisions of clause (a) shall be deemed to be null and void.]
UTTAR
PRADESH:
[184] [1. In section 28, omit the words,
figures and letters "sub-section (1), clauses (a), (b), (c), (d) and (e),
section 17, sub-section (2)". For the words "section 18, clauses (a),
(b), (c) and (cc)", substitute "every document mentioned in section
18, clause (c)".
[185] [2. (i) The
words "or some portion" shall be omitted.
(ii)
The following proviso to be inserted, namely:--
"Provided
that the document of award, exchange, gift, mortgage, partition, settlement and
trust insofar as such document affects immovable property shall be presented
for registration in the office of a Sub-Registrar within whose sub-district the
whole or major portion or half-portion of the property to which such document
relates is situate."
ORISSA
:
[186] [In Section 28
of the principal Act,-
(i) for the word,
brackets and letter "and (e)" the commas, brackets, letters and word
"(e) (f) and (g)" shall be substituted; and
(ii) the words "or
some portion" shall be omitted.]
TAMIL
NADU
In
Section 28
[187] [(1) in clause (a), for the expression
"clauses (a), (b), (c), (d) and (e)," the expression "clauses
(a), (b), (c), (d), (e), (f), (g), (h) and (i)" shall be substituted;]
[188] [(2) to clause (a), as so amended, the
following proviso shall be added, namely:-
"Provided
that every document mentioned in clause (h) of sub-section (1) of section 17
may also be presented for registration in the office of the Sub-Registrar
within whose jurisdiction the principal ordinarily resides;]
[189] [In the Registration Act, 1908,
(Central Act XVI of 1908) for section 28, the following section shall be
substituted, namely:--
"28.
Place for registering documents relating to land.--
Save as
in this Part otherwise provided,--
(a) every document
mentioned in clauses (a), (b), (c), (d) and (e) of sub-section (1) and
sub-section (2) of section 17 in so far as such document affects immovable
property and in clauses (a), (b), (c) and (cc) of section 18, shall be
presented for registration in the office of a Sub-Registrar within whose
sub-district the whole or some portion of the property to which such document
relates is situate in the State of Tamil Nadu; and
(b)
any
document registered outside the State of Tamil Nadu in contravention of the
provisions of clause (a) shall be deemed to be null and void]
Section 29 - Place for registering other documents
(1) Every document [190] [not being a document referred to in
section 28 or a copy of a decree or order], may be presented for registration
either in the office of the Sub-Registrar in whose sub-district the document
was executed, or in the office of any other Sub-Registrar under the [191] [State Government] at which all the
persons executing and claiming under the document desire the same to be
registered.
(2) A copy of a decree or
order may be presented for registration in the office of the Sub-Registrar in
whose sub-district the original decree or order was made, or, where the decree
or order does not affect immovable property, in the office of any the
Sub-Registrar under the [192] [State Government] at which all the
persons claiming under the decree or order desire the copy to be registered.
Section 30 - Registration by Registrars in certain cases
(1) Any Registrar may in
his discretion receive and register any document which might be registered by
any Sub-Registrar subordinate to him.
[193] [***]
[STATE
AMENDMENTS
ANDHRA PRADESH:
[194] [Figure "(1)", and sub-section
(2), omitted.
BIHAR:
[195] [Section 30(2) be deleted.
[196] [Bracket along with figure
"(1)" of Section-30 of Registration Act, 1908 shall be
deleted."]
GUJARAT:
[197] [In section 30--
(1)
in
sub-section (1), the brackets and figure "(1)" shall be deleted;
(2)
sub-section
(2) shall be deleted.]
HARYANA:
[198] [In section 30, omit sub-section
(2).
MADHYA PRADESH:
[199] [Sub-section (2) of section
30 shall be omitted.
ORISSA:
[200] [In section
30, omitted sub-section (2).
RAJASTHAN:
[201] [The brackets and figure "(1)"
and sub-section (2) be omitted.
UTTAR PRADESH:
[202] [In section 30, sub-section (2)
shall be omitted.
WEST BENGAL:
[203] [[204] [[205] [(1) In section 30, sub-section (2)
shall be omitted.
(2)?
?After section 30, the
following section shall be inserted, namely:--
"30A.
Registration by Registrar of Assurances, Calcutta.--Notwithstanding anything
contained elsewhere in the Act, the Registrar of Assurance, Calcutta, may
receive and register any document referred to in section 28 without regard to
the situation in any part of West Bengal of the property to which the document
relates."
(3) ???After section 30A, the following
section shall be inserted, namely:--
"30B.
Special power of registration in certain cases by Registrar of Assurances,
Calcutta.--Notwithstanding anything contained elsewhere in this Act, the
Registrar of Assurances, Calcutta, may without regard to the
situation in any part of India outside the State of West Bengal of the property
to which a document relates, receive and register the document where such
document is in the nature of--
(a)
a
mortgage bond executed by an employee of a Government, a statutory body or a
local authority in favour of such Government, statutory body or local authority
as security for advances taken by such employee for house-building purposes; or
(b)
a
reconveyance executed by a Government, a statutory body or a local authority in
favour of employee of such Government, statutory body or local authority on
repayment of the advances taken by such employee for house-building
purposes." ]
[206] [In Section 30
Omitted.]
HARYANA
[207] [In Section 30
Omitted.]
[208] [In Section 30
Omitted.]
KARNATAKA
[209] [In Section 30
The
brackets and figure "(1)" and 'sub-section (2)' shall be omitted.]]]
Section 31 - Registration or acceptance for deposit at private residence
In
ordinary cases the registration or deposit of documents under this Act shall be
made only at the office of the officer authorised to accept the same for
registration or deposit:
Provided
that such officer may on special cause being shown attend at the residence of
any person desiring to present a document for registration or to deposit a
will, and accept for registration or deposit such document or will.
Section 32 - Persons to present documents for registration
Except in
the cases mentioned in [210] [sections 31, 88 and 89],
every document to be registered under this Act, whether
such registration be compulsory or optional, shall be presented at the proper registration-office,--
(a) by some person
executing or claiming under the same, or, in the case of a copy of a decree or
order, claiming under the decree or order, or
(b) by
the representative or assign of such a person, or
(c) by the agent of such
a person, representative or assign, duly authorised
by power-of-attorney executed and authenticated in manner hereinafter
mentioned.
[STATE
AMENDMENT
[211] [Bihar:
After
section 32, the following new section shall be inserted, namely:--
"32A.
Giving of duplicate copies of documents presented for registration--
(1) Notwithstanding
anything contained in this Act, in such areas as may be notified by the State
Government, every document or any transaction of documents referred to in
section 19 presented for registration shall be accompanied by such number of
duplicate copies thereof as may be prescribed by rules under section 69.
(2) The duplicate
copy shall?
(a) be neat and legibly
typed or handwritten, as the case may be, on paper of such specification as may
be notified by the State Government from time to time;
(b) contain a declaration
that the same is a true copy of the document to be registered in such manner as
may be prescribed by rules under section 69;
(c) be compared and
verified by such official as may be directed by the Registering Officer;
(d) be separately bound
and permanently kept in such manner as may be prescribed by rules under section
69."]
[212] [After Section 32 the following new sections shall be
inserted; namely:--
"32A.
Giving of duplicate copies of documents presented for registration--
(1) Notwithstanding
anything contained in this Act; in such areas as may be notified by the State
Government, every documents or any translation of documents referred to in
section 19 presented for Registration shall be accompanied by such number
of duplicate copies thereof as my be prescribed by rules under section 69.
(2) The Duplicate copy
shall.--
(a) be neat and legibly
typed or handwritten, as the case may be, on paper of such specification as may
be notified by the State Government from time to time;
(b) contain a declaration
that the same is a true copy or the document to be registered in such manner as
may be prescribed by rules under section 69;
(c) be compared and
verified by such official as may be directed by the Registering Officer;
(d) be separately bound
and permanently kept in such manner as may be prescribed by rules under section
69.]
[213] [Uttar Pradesh:
After
section 32, the following section shall be inserted, namely:--
"32A.
Giving of true photostat copies of documents prescribed for
registration.--
Notwithstanding
anything contained in this Act, in such areas as may be notified by the State
Government, every document or any translation of documents referred to in
section 19 presented for registration shall be accompanied by such number of
true photostat copies thereof, as may be prescribed by rules under section 69.
(2) ??The photostat copy shall,--
(a) be neat and legible,
prepared on paper of such specification as may be notified by the State
Government from time to time;
(b) contain a declaration
that the same is a true copy of the document to be registered in such manner as
may be prescribed by rules under section 69;
(c) be compared and
verified by such official as may be directed by the registering officer;
(d) be separately bound
and permanently kept in such manner as may be prescribed by rules under section
69.
(3) ??Where the provisions of this
section apply, the sections mentioned below shall be deemed to be modified as
follows:--
(a) in section 52,
in sub-section (1),--
(i) in clause (a), after
the words "every such document" the words "along with the
Photostat copy thereof" shall be inserted;
(ii) for clause (c) the
following clause shall be substituted:--
"(c)
subject to the provisions contained in section 62, every photostat copy shall,
without unnecessary delay be verified from the document admitted to
registration and be placed in the proper book for being copied in the
book appropriate for the document admitted for registration accordingly to the
order of its admission;"
(b) in section 60, in
sub-section (1), for the words "together with the number and page of
the book in which the document has been copied" the words "together
with a reference to the serial number of the Photostat copy and number of the
book in which it is place" shall be substituted;
(c) in section 69,
after clause (hh), the following clauses shall be inserted:--
"(hh1)
regulating the number and manner in which photostat copies of documents and of
translation under section 19 shall be prepared and the books in which they
shall be placed for record;
(hh2)
regulating the form of declaration and the manner of keeping the records
under sub-section (2) of section 32A".
Section
32B
[214] [In its application to the State of
Uttar Pradesh, after S. 32A,insert the following new section, namely,--
"32B.
Lamination of true copies.--
(1) Notwithstanding
anything contained in this Act, in such areas as may be notified by the State
Government, every document and the translation of the document referred to in
section 19, presented for registration, shall be accompanied by a true copy
thereof.
(2) The
copy referred to in sub-section (1) shall?
(a) not be a carbon copy;
(b) be neatly and legibly
printed, lithographed, type-written or otherwise prepared on only one side of
the paper of such specification as may be notified by the State government;
(c) contain a declaration
in the manner prescribed by rules under section 69 that the same is a true copy
of the document or the translation, as the case may be.
(3) The registering
officer shall refuse to register any document presented to him for registration
unless such document is accompanied by a true copy thereof as provided in
sub-section (1).
(4) The copy shall?
(a) be compared and
verified by such official as may be directed by registering officer;
(b) be separately
laminated, bound and permanently kept in such manner as may be prescribed by
rules under section 69.
(5) In such areas
as have been notified under sub-section (1), the provisions of section 32A
shall cease to apply:
Provided
that a Photostat copy filed before notification under sub-section (1) is issued
and not copied in the appropriate book shall be deemed to be a true copy for
the purposes of this section and shall be laminated in accordance with the
procedure laid down in this section:
Provided
further that if the Photostat copy already filed is dim or has otherwise become
illegible, the registering officer shall, with the prior approval of the
registrar, require the party concerned to deliver the document to him for
getting its copy prepared for lamination, and if the party concerned informs
him that the document has been lost or destroyed, the photostat copy available
in the registering office shall be copied in the appropriate book.
(6) Where
the provisions of this section apply, the sections mentioned below
shall be deemed to be modified as follows:--
(a) in section 52,
in sub-section (1),--
(i) in clause (a), after
the words "every such document" the words "alongwith the true
copy thereof" shall be inserted;
(ii) for clause (c), the
following clause shall be substituted, namely:--
"(c)
subject to the provisions contained in section 62, every true copy shall,
without unnecessary delay be verified from the document admitted to
registration, be laminated and placed in the proper book for being bound and
kept permanently in the book appropriate for the document admitted to
registration according to the order of its admission."
(b) in section 55,
after sub-section (6), the following sub-section shall be inserted,
namely,--
"(7)
The indexes prepared under this section shall be laminated and bound in
such manner as may be prescribed by rules under section 69."
(c) in section 58, in
sub-section (1), after the words "admitted to registration" the words
"and true copy thereof" shall be inserted;
(d) in section 60, in
sub-section (1), for the words "the document has been copied" the
words "the laminated true copy thereof has been bound and kept" shall
be substituted;
(e) in section 62, in
sub-section (1), for the words "the translation shall be transcribed"
the words "the true copy of the translation shall be laminated, bound and
kept shall be substituted;
(f) in section 69, after
clause (hh-2), the following clauses shall be inserted, namely--
"(hh3)
regulating the manner in which the true copy of the document and of the
translation under section 19 shall be prepared and the form of declaration
required under sub-section (2) of section 32B;
(hh4)
regulating the manner and procedure for lamination of true copies, the
books in which they shall be kept for record, keeping such records and
preservation thereof, grant of licence for lamination and matters connected
therewith including the rate of fees for laminating the copies, and seating
arrangement for the licensees."
[215] [Maharashtra -
In
section 32 of the principal Act, after the word and figures " and 89,
" the words " or when the document is presented by electronic means,
" shall be inserted.]
Section 32A - Compulsory affixing of photograph, etc.
[216] [32A. Compulsory affixing of
photograph, etc.
Every
person presenting any document at the proper registration office under section
32 shall affix his passport size photograph and fingerprints to the document:
Provided
that where such document relates to the transfer of ownership of immovable
property, the passport size photograph and fingerprints of each buyer and
seller of such property mentioned in the document shall also be affixed to the
document.]
STATE
AMENDMENTS
UTTARAKHAND
In
Section 32-A
[217] [(1) in sub-section (1)-
(i)
the
words, "in such areas as may be notified by the State Government,"
shall be omitted;
(ii)
the
word photostat" wherever occurring including heading, shall be omitted;]
(2) ???in sub-section (2)-
[218] [(i) for the words "photostat
copy" the words "true copy" shall be substituted;
[219] [(ii) for clauses (b) and (c), the
following clause shall be inserted, namely:-
"(b)
be compared and verified by such official as may be directed by the Registering
Officer."
[220] [(3) Sub-section (3) shall be
omitted.]
[221] [After Section 32-A
Section
32-B of the Principal Act shall be repealed.]
UTTAR
PRADESH
[222] [In Section 32-A
The
following section shall be inserted, namely-
"32-A.
Giving of true [223] [***] copies of documents
presented for registration
(1)
Notwithstanding
anything contained in this Act, [224] [***] every document or any
translation of documents referred to in section 19 presented for registration
shall be accompanied by such number of true photostat copies thereof, as may be
prescribed by rules under section 69.
(2)
The [225] [***] copy shall,-
(a)
be
neat and legible prepared on paper of such specification as may be notified by
the State Government from time to time;
(b)
contain
a declaration that the same is a true copy of the document to be registered in
such manner as may be prescribed by rules under section 69;
[226] (c) be compared and verified by such
official as may be directed by the registering officer;
[227] [***]
[228] [In its application
to the State of Uttar Pradesh Section 32-A shall be omitted.]
BIHAR
[229] [In its aoolication to
the State of Bihar, after Section 32, insert the following new
section, namely,-
"32-A.
Giving of duplicate copies of documents presented for registration.-
(1)
Notwithstanding
anything contained in this Act, in such areas as may be notified by the
State Government, every document or any translation of documents referred
to in section 19 presented for registration shall be accompanied by such number
of duplicate copies thereof, as may be prescribed by rules under
section 69.
(2)
The duplicate copy
shall,-
(a)
be
neat and legible typed or handwritten, as the case may be, on paper
of such specification as may be notified by the State Government from time to
time;
(b)
contain
a declaration that the same is a true copy of the document to be registered in
such manner as may be prescribed by rules under section 69;
(c)
be
compared and verified by such official as may be directed by the registering
officer;
(d)
be
separately bound and permanently kept in such manner as may be prescribed by
rules under section 69.]
ANDHRA
PRADESH
[230] [In the Principal Act, in
section 32A, after the existing proviso, the following proviso shall be
added, namely,-
"Provided
further that the photographs and fingerprints shall not be required to be so
affixed in respect of any person, whether presenting or executing a document or
signing as a witness in any such document, whose identity has been
established through biometric authentication, in accordance with any law for
the time being in force.".]
Section 33 - Power-of-attorney recognizable for purposes of section 32
(1) For the purposes of
section 32, the following powers-of-attorney shall alone be recognized,
namely:--
(a) if the principal at
the time of executing the power-of-attorney resides in any part of [231] [India] in
which this Act is for the time being in force,
a power-of-attorney executed before and authenticated by the
Registrar or Sub-Registrar within whose district or sub-district the principal
resides;
(b) if the principal at
the time aforesaid [232] [resides in any
part of India in which this Act is not in force], a power-of-attorney executed
before and authenticated by any Magistrate;
(c) if the principal at
the time aforesaid does not reside in [233] [India], a
power-of-attorney executed before and authenticated by a Notary Public, or any
Court, Judge, Magistrate, [234] [Indian] Consul
or Vice-Consul, or representative [235] [***] of the
Central Government:
Provided that the following persons
shall not be required to attend at any registration-office or Court for the
purpose of executing any such power-of-attorney as is mentioned in clauses (a)
and (b) of this section, namely:--
(i) ???persons who by reason of bodily infirmity
are unable without risk or serious inconvenience so to attend;
(ii) ???persons who are in jail under civil or
criminal process; and
(iii) ??persons exempt by law from personal
appearance in court.
[236] [Explanation.--In
this sub-section "India" means India, as defined in clause (28)
of section 3 of the General Clauses Act, 1897 (10 of 1897).]
(2) In the case of every
such person the Registrar or Sub-Registrar or Magistrate, as the case may be,
if satisfied that the power-of-attorney has been voluntarily executed by the
person purporting to be the principal, may attest the same without requiring
his personal attendance at the office or Court aforesaid.
(3) To obtain evidence as
to the voluntary nature of the execution, the Registrar or Sub-Registrar or
Magistrate may either himself go to the house of the person purporting to be
the principal, or to the jail in which he is confined, and examine him, or
issue a commission for his examination.
(4) Any power-of-attorney
mentioned in this section may be proved by the production of it without further
proof when it purports on the face of it to have been executed before and
authenticated by the person or Court hereinbefore mentioned in that behalf.
Section 34 - Enquiry before registration by registering officer
(1) Subject to the
provisions contained in this Part and in sections 41, 43, 45, 69, 75, 77, 88
and 89, no document shall be registered under this Act, unless the persons
executing such document, or their representatives, assigns or agents authorized
as aforesaid, appear before the registering officer within the time allowed for
presentation under sections 23, 24, 25 and 26:
Provided that, if owing to urgent necessity or unavoidable
accident all such persons do not so appear, the Registrar, in cases where the
delay in appearing does not exceed four months, may direct that on payment of a
fine not exceeding ten times the amount of the proper registration fee, in
addition to the fine, if any, payable under section 25, the document may be
registered.
(2) Appearances under
sub-section (1) may be simultaneous or at different times.
(3) The registering
officer shall thereupon?
(a) enquire whether or
not such document was executed by the persons by whom it purports to have been
executed;
(b) satisfy himself as to
the identity of the persons appearing before him and alleging that they have
executed the document; and
(c) in the case of any
person appearing as a representative, assign or agent, satisfy himself of the
right of such person so to appear.
(4) Any application for a
direction under the proviso to sub-section (1) may be lodged with a
Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is
subordinate.
(5) Nothing in this
section applies to copies of decrees or orders.
[STATE
AMENDMENTS
[Tamil Nadu
[237] [After Section 34
After section 34-A of the principal Act, the following
section shall be inserted, namely:--
"34-B. Procedure for Registration of document of Power
of Attorney relating to immovable property.--
Subject to the provisions of this Act, no document of Power
of Attorney relating to immovable property shall be registered, unless passport
size photographs and finger prints of the principal, the agent and of the
identifying witnesses are affixed to the document and the agent has also signed
such document.]
[238] [In section 34 of
the principal Act,--
(1) in sub-section (1),
after the expression "persons executing such document", the
expression "and in the case of document for sale of property, the persons
claiming under that document" shall be inserted;
(2) in sub-section (3),
in clause (b), after the expression "executed the document", the expression
"or they are claiming under the document" shall be inserted.]
[239] [After
section 34 of the principal Act, the following section shall be inserted,
namely:--
"34-A. Person claiming under document for sale of
property also to sign document.--
Subject to the provisions of this Act, no document for sale
of property shall be registered under this Act, unless the person claiming
under the document has also signed such document.]
[240] [Maharashtra -
In section 34 of the principal Act,--
(a) in sub-section (1),
after the existing proviso, the following proviso shall be added, namely :--
" Provided further that, when such document is
presented by electronic means, the personal appearance shall not be required.
";
(b) in sub-section (3),
after clause (c), the following proviso shall be added, namely :--
" Provided that, when such document is presented by
electronic means, the enquiry shall be done as per the rules made in this
behalf. ";
(c) in sub-section (4),
for the words " proviso to " the words " first proviso to "
shall be substituted.]
Madhya Pradesh
[241] [In its application
to the State of Madhya Pradesh, in Section 34,-
(i)?? ?in
sub-section (1),-
(a) for the figures and
word "41, 43, 45, 69, 75, 77, 88, and 89", substitute the figures,
letters and word "41, 43, 45, 69, 75, 77, 88, 89-A and 89-B";
(b) in existing proviso,
for full stop, the colon shall be substituted and thereafter the following
proviso shall be inserted, namely:-
"Provided further that, when such document is presented
in electronic form, personal appearance shall not be required.";
(ii)?? ?in
sub-Section (3), in Cl. (c), for full stop, the colon shall be substituted and
thereafter the following proviso shall be inserted, namely:-
Provided that, when such document is presented in electronic
form, the enquiry shall be made in such manner as may be prescribed."
(iii)? ?in
sub-section (4), for the words, bracket and figure "proviso to sub-section
(1)", substitute the words, bracket and figure "first proviso to
sub-section (1)".]
Section 35 - Procedure on admission and denial of execution respectively
(1) (a) If all the
persons executing the document appear personally before the registering officer
and are personally known to him, or if he be otherwise satisfied that they are
the person they represent themselves to be, and if they all admit the execution
of the document, or
(b) if in the case of any person appearing by a
representative, assign or agent, such representative, assign or agent admits
the execution, or
(c) if the person executing the document is dead, and his
representative or assign appears before the registering officer and admits the
execution, the registering officer shall register the document as
directed in sections 58 to 61 inclusive.
(2) The registering
officer may, in order to satisfy himself that the persons appearing before him
are-the persons they represent themselves to be, or for any other purpose
contemplated by this Act, examine any one present in his office.
(3) (a) If any person by whom
the document purports to be executed denies its execution, or
(b) if any such person appears to the registering
officer to be a minor, an idiot or a lunatic, or
(c) if any person by whom the document purports to
be executed is dead, and his representative or assign denies its execution, the
registering officer shall refuse to register the document as to the person so
denying, appearing or dead:
Provided that, where such officer is a Registrar, he shall
follow the procedure prescribed in Part XII:
[242] [Provided further
that the [243] [State Government]
may, by notification in the [244] [Official Gazette],
declare that any Sub-Registrar named in the notification shall, in respect of
documents the execution of which is denied, be deemed to be a Registrar for the
purposes of this sub-section and of Part XII.]
STATES
AMENDMENTS
[245] [Maharashtra -
In section 35 of the principal Act,--
(a) in sub-section (1),
in clause (a), after the words " appear personally " the words "
or through electronic means, as the case may be, " shall be inserted;
(b) to sub-section (2),
the following proviso shall be added, namely:--
"Provided that, when such document is presented by
electronic means, the procedure laid down by the rules made in this behalf
shall be followed for the examination of person.]
Madhya Pradesh-
[246] [In its application
to the State of Madhya Pradesh, in Section 35, in Sub section (2), for full
stop, the colon shall be substituted and thereafter the following proviso shall
be inserted, namely:-
"Provided that when the document is presented in
electronic form the procedure laid down by rules prescribed in this behalf
shall be followed."]
Section 36 - Procedure where appearance of executant or witness is desired
If any person presenting any document
for registration or claiming under any document, which is capable of being so
presented, desires the appearance of any person whose presence or testimony is
necessary for the registration of such document, the registering officer may,
in his discretion, call upon such Officer or Court as the [247] [State Government]
directs in this behalf to issue a summons requiring him to appear at the
registration office, either in person or by duly authorized agent, as in the
summons may be mentioned, and at a time named therein.
STATE AMENDMENTS
[248]
[Gujarat:
Same as that of Maharashtra.
[249]
[Maharashtra:
In section 36, for the words "may,
in his discretion" the words "in his discretion, may, upon receipt of
the prescribed fee, issue or may" were substituted; and after the word
"issue" a comma was inserted.
Section 37 - Officer or Court to issue and cause service of summons
The officer or Court, upon receipt of the peon's fee payable
in such cases, shall issue the summons accordingly, and cause it to be served
upon the person whose appearance is so required.
Section 38 - Persons exempt from appearance at registration-office
(1) (a) A person who by
reason of bodily infirmity is unable without risk or serious inconvenience to
appear at the registration-office, or
(b) a person in jail under civil or
criminal process, or
(c) person exempt by law from personal
appearance in Court, and who would but for the provisions next hereinafter
contained be required to appear in person at the registration-office, shall not
be required so to appear.
(2) In the case of every
such person the registering officer shall either himself go to the house of
such person, or to the jail in which he is confined, and examine him or issue a
commission for his examination.
Section 39 - Law as to summonses, commissions and witnesses
The law in force for the time being as to summonses,
commissions and compelling the attendance of witnesses, and for their
remuneration in suits before Civil Courts, shall, save as aforesaid and mutatis
mutandis, apply to any summons or commission issued and any person summoned to
appear under the provisions of this Act.
Section 40 - Persons entitled to present wills and authorities to adopt
(1) The testator, or
after his death any person claiming as executor or otherwise under a will, may
present it to any Registrar or Sub-Registrar for registration.
(2) The donor, or after
his death the done, of any authority to adopt, or the adoptive son, may present
it to any Registrar or Sub-Registrar for registration.
Section 41 - Registration of wills and authorities to adopt
(1) A will or an
authority to adopt, presented for registration by the testator or donor, may be
registered in the same manner as any other document.
(2) A will or authority
to adopt presented for registration by any other person entitled to present it
shall be registered if the registering officer is satisfied?
(a) that the will or
authority was executed by the testator or donor, as the case may be;
(b) that the testator or
donor is dead; and
(c) that the person
presenting the will or authority is, under section 40, entitled to present the
same.
Section 42 - Deposit of wills
Any testator may, either personally or by duly authorized
agent, deposit with any Registrar his will in a sealed cover super scribed with
the name of the testator and that of his agent (if any) and with a statement of
the nature of the document.
Section 43 - Procedure on deposit of wills
(1) On receiving such
cover, the Registrar, if satisfied that the person presenting the same for
deposit is the testator or his agent, shall transcribe in his Register-book No.
5 the superscription aforesaid, and shall note in the same book and on the said
cover the year, month, day and hour of such presentation and receipt, and the
names of any persons who may testify to the identity of the testator or his
agent, and any legible inscription which may be on the seal of the cover.
(2) The Registrar shall
then place and retain the sealed cover in his fire-proof box.
Section 44 - Withdrawal of sealed cover deposited under section 42
If the testator who has deposited such cover wishes to
withdraw it, he may apply, either personally or by duly authorized agent, to
the Registrar who holds it in deposit, and such Registrar, if satisfied that
the applicant is actually the testator or his agent, shall deliver the cover
accordingly.
Section 45 - Proceedings on death of depositor
(1)
If,
on the death of a testator who has deposited a sealed cover under section 42,
application be made to the Registrar who holds it in deposit to open the same,
and if the Registrar is satisfied that the testator is dead, he shall, in the
applicant's presence, open the cover, and, at the applicant's expense, cause
the contents thereof to be copied into his Book No. 3.
(2)
When
such copy has been made, the Registrar shall re-deposit the original will.
[STATE
AMENDMENTS
GOA:
[250] [In section 45,--
(a)
in
sub-section (1), for the words, letters and figure "cause the contents
thereof to be copied into his Book No. 3", the words, letters and figure
"cause a true copy of the contents thereof to be made and filed in his
Book No. 3" shall be substituted;
(b)
in
sub-section (2), for the words "copy has been made", the words
"true copy has been filed" shall be substituted.
KARNATAKA:
[251] [Amendments to section
45 are the same as in Kerala.
[252] [In Section 45
(a)
in
sub-section (1), for the words, letters and figure "cause the contents
thereof to be copied into his Book No.3", the words, letters and figure
"cause a true copy of the contents thereof to be made and filled in his
Book No. 3" shall be substituted;
(b)
in
sub-section (2) for the words "copy has been made", the words
"true copy has been filed" shall be substituted.]
KERALA:
[253] [In section 45,--
(i) ???in sub-section (1), for the words
"cause the contents thereof to be copied into his Book No. 3",
substitute the words "cause a true copy of the contents thereof to be made
and filed in his Book No. 3";
(ii)?? ?in
sub-section (2), for the words "copy has been made", substitute the
words "true copy has been filed".]
[254] [In Section 45
(a) in sub-section (1),
for the words, letters and figure "cause the contents thereof to be copied
into his Book No. 3", the words, letters and figure "cause a true
copy of the contents thereof to be made and filed in his Book No. 3" shall
be substituted;
(b) in sub-section (2),
for the words "copy has been made", the word "true copy has been
filed" shall be substituted.]
ORISSA:
[255] [Amendments to section
45 are the same as in Kerala.
PONDICHERRY:
[256] [Section 52(5) of the
Act as amended in Pondicherry gives powers to the State Government to specify
classes of documents with reference to which certain other sections shall have
modified application, section 45 is one of them:
"In section 45, in sub-section
(1), for the words "cause the contents thereof to be copied into his Book
No. 3", words "cause a true copy thereof to be made and filed in his
Book No. 3", shall be substituted; and in sub-section (2) for the words
"copy has been made", words "true copy has been filed" shall
be substituted.
TRIPURA:
[257] [Amendments to section
45 are the same as in Kerala.
TAMIL NADU AND
WEST BENGAL:
For modification of section 45, see
Schedule to Act as inserted by Tamil Nadu Act 21 of 1966 and West Bengal Act 17
of 1978.
Section 46 - Saving of certain enactments and powers of Courts
(1)
Nothing
hereinbefore contained shall affect the provisions of section 259 of the Indian
Succession Act, 1865, or of section 81 of the Probate and Administration Act,
1881, or the power of any Court by order to compel the production of any will.
(2)
When
any such order is made, the Registrar shall, unless the will has been already
copied under section 45, open the cover and cause the will to be copied into
his Book No. 3 and make a note on such copy that the original has been removed
into Court in pursuance of the order aforesaid.
STATE
AMENDMENTS
GOA:
[258] [In section 46,--
(a)
for the
words "unless the will has been already copied", the words
"unless a true copy of the will has already been filed" shall be
substituted;
(b)
for the
words, letters and figure "cause the will to be copied into his Book No.
3", the words, letters and figure "cause a true copy of the will to
be made and filed in his Book No. 3" shall be substituted.
KARNATAKA:
[259] [Amendments to
section 46 are the same as in Kerala.
[260] [In Section 46
(a)
for
the words "unless the will has been already copied", the words
"unless a true copy of the will has already been filled" shall be
substituted;
(b)
for
the words, letters and figure "cause the will to be copied into his Book No.3",
the words, letters and figure "cause a true copy of the will to be made
and filed in his Book No. 3" shall be substituted.]
KERALA
[261] [In section 46, in
sub-section (2),--
(a)
for
the words "unless the will has been already copied", substitute the
words "unless a true copy of the will has already been filed"; and
(b)
for
the words "cause the will to be copied into Book No. 3", substitute
the words "cause a true copy of the will to be made and filed in his Book
No. 3".]
[262] [In Section 46
(a) for the words
"unless the will has been already copied", the words "unless a
true copy of the will has already been filed" shall be substituted;
(b) for the words,
letters and figure "cause the will to be copied into his Book No. 3
",the words, letters and figure "cause a true copy of the will to be
made and filed in his Book No. 3" shall be substituted.]
ORISSA:
[263] [Amendments to section
46 are the same as in Kerala.
PONDICHERRY:
[264] [With reference to
documents specified by rules made under sub-section (3) of section 52 as
obtaining in Kerala, section 46 shall stand modified as follows:--
In sub-section (2) of section 46, for
the words "unless the will has been already copied" and the words
"cause the will to be copied into his Book No. 3", words "unless
the true copy of the will has already been filed" and "cause a true
copy to be made and filed in his Book No. 3" shall respectively be
substituted.
TRIPURA:
[265] [Amendments are
the same as in Kerala, except that for the word "filed", the word
"pasted" has been used.
TAMIL NADU AND
WEST BENGAL:
For modification of section 46, see
Schedule as inserted by Tamil Nadu Act 21 of 1966 and West Bengal Act 17 of
1978.
Section 47 - Time from which registered document operates
A registered document shall operate from the time which it would
have commenced to operate if no registration thereof had been required or made,
and not from the time of its registration.
Section 48 - Registered documents relating to property when to take effect against oral agreements
All non-testamentary documents duly
registered under this Act, and relating to any property,
whether movable or immovable, shall take effect against any
order agreement or declaration relating to such property, unless where the
agreement or declaration has been accompanied or followed by delivery of
possession [266] [and
the same constitutes a valid transfer under any law for the time being in
force:
Provided that a mortgage by
deposit of title-deeds as defined in section 58 of the Transfer
of Property Act, 1882 (4 of 1882), shall take effect against any mortgage-deed
subsequently executed and registered which relates to the same
property.]
Section 49 - Effect of non-registration of documents required to be registered
No document required by section
17 [267]
[or by any provision of the Transfer of Property Act, 1882 (4 of 1882)], to be
registered shall--
(a)
affect
any immovable property comprised therein, or
(b)
confer
any power to adopt, or
(c)
be
received as evidence of any transaction affecting such property or conferring
such power,
unless
it has been registered:
[268] [Provided that an
unregistered document affecting immovable property and required by this Act or
the Transfer of Property Act, 1882 (4 of 1882), to be registered may be
received as evidence of a contract in a suit for specific performance under
Chapter II of the Specific Relief Act, 1877 (3 of 1877)[269], [270] [***]
or as evidence of any collateral transaction not required to be effected by
registered instrument.]
STATE
AMENDMENT
[271]Uttar Pradesh:
In section 49,--
(i) ???in the first paragraph, after the words
"or by any provision of the Transfer of Property Act, 1882" insert
the words "or of any other law for the time being in force",
(ii)?? ?substitute clause (b) as under:
"(b) confer any power or create
any right or relationship, or",
(iii)?? in clause (c), after the words "such
power", insert the words "or creating such right or
relationship",
(iv) ?in the proviso, omit the words "as
evidence of a contract in a suit for specific performance under Chapter II of
the Specific Relief Act, 1877, or".
Section 50 - Certain registered documents relating to land to take effect against unregistered documents
(1)
Every
document of the kinds mentioned in clauses (a), (b), (c), and (d) of section
17, sub-section (1), and clauses (a) and (b) of section 18, shall, if duly
registered, take effect as regards the property comprised therein, against
every unregistered document relating to the same property, and not being a
decree or order, whether such unregistered document be of the same nature as the
registered document or not.
(2)
Nothing
in sub-section (1) applies to leases exempted under the proviso to sub-section
(1) of section 17 or to any document mentioned in sub-section (2) of the same
section, or to any registered document which had not priority under the law in
force at the commencement of this Act.
Explanation.-- In cases, where Act No.
16 of 1864 or the Indian Registration Act, 1866 (20 of 1866), was in force in
the place and at the time in and at which such unregistered document was
executed, "unregistered" means not registered according to such Act,
and, where the document is executed after the first day of July, 1871, not
registered under the Indian Registration Act, 1871 (8 of 1971), or the Indian
Registration Act, 1877 (3 of 1977), or this Act.
[STATE
AMENDMENTS
[272] [Andhra Pradesh:
In section 50, in sub-section (1), for
the expression "clauses (a), (b), (c) and (d) of section 17", the
expression "clauses (a), (b), (c), (d), (e), (f) and (g) of section
17" shall be substituted.
[273] [ondicherry:
For Explanation to section 50,
substitute the following, namely:--
"Explanation.--"Unregistered"
means not registered according to any law in force before the 9th day of
January, 1969 or this Act."
[274] [Uttar Pradesh:
In section 50,--
(i) ???in sub-section (1) after the words, figures
and letters "and clauses (a) and (b) of section 18", insert the words
"as these clauses stood before their omission by the Uttar Pradesh Civil
Laws (Reforms and Amendment) Act, 1976",
(ii) ??in sub-section (2), after the words and
figures "proviso to sub-section (1) of section 17", insert the words
and figures "as the proviso stood before its omission by the Uttar Pradesh
Civil Laws (Reforms and Amendment) Act, 1976".]
[Tamil Nadu
[275] [In Section 50
In sub-section (1), for the expression "clauses
(a), (b), (c) and (d) of section 17", the expression "clauses (a),
(b), (c), (d), (f), (g), (h) and (i) of section 17" shall be substituted.]
Section 51 - Register-books to be kept in the several offices
(1)
The
following books shall be kept in the several offices hereinafter
named, namely:--
A--In all registration offices--
Book 1, "Register of
non-testamentary documents relating to immovable property".
Book 2, "Record of reasons for
refusal to register".
Book 3, "Register of wills and
authorities to adopt", and
Book 4, "Miscellaneous
Register".
B--In the offices of Registrars--
Book 5, "Register of deposits
of wills".
(2)
In
Book 1 shall be entered or filed all documents or
memoranda registered under sections 17, 18 and 89 which relate to
immovable property, and are not wills.
(3)
In
Book 4 shall be entered all documents registered under clauses (d) and (f) of
section 18 which do not relate to immovable property.
(4)
Nothing
in this section shall be deemed to require more than one set of books where the
office of the Registrar has been amalgamated with the office of a
Sub-Registrar.
[STATE
AMENDMENTS
ANDHRA
PRADESH:
[276] [In section 51, in
sub-section (1), for the words "The following books", the words
"The following books and the information storage devices as specified in
sub-section (1) of section 16" shall be substituted.
BIHAR:
[277] [To section 51
the following new sub-section shall be added, namely:--
"(5) (a)
If, in the opinion of the Registrar, any of the books mentioned in sub-section
(1) is in danger of being destroyed or becoming illegible wholly or partially,
the Registrar may, by a written order, direct such book or such portion thereof
as he thinks fit to be recopied and authenticated in such manner as may be
prescribed under section 69, and the copy so prepared and authenticated shall,
for the purposes of this Act, and of the Indian Evidence Act, 1872, be deemed
to have taken the place of, and to be, the original book or portion, and all
references in this Act to the original book or portion shall be deemed to be
references to the book or portion prepared and authenticated as aforesaid.
(b) Notwithstanding anything contained
in this Act, copies of any of the books mentioned in sub-section (1) or any
portion of such book prepared and authenticated before the commencement of
the Indian Registration (Bihar Amendment) Act, 1947, in pursuance of an
order of the Registrar or the Inspector-General shall, for the purposes of this
Act, and of the Indian Evidence Act, 1872, be deemed to have taken the place
of, and to be, the original book or portion, and all references in this Act to
the original book or portion shall be deemed to be references to the book or
portion so prepared and authenticated."
GOA:
[278] [In section 51,--
(a)
for
sub-section (2), the following sub-section shall be substituted, namely:--
"(2) In Book I shall be
filed--
(i) ???true copies of all documents, and
(ii) ??all memoranda, registered under sections 17, 18
and 39 which relate to immovable property, and are not wills.";
(b)
in
sub-section (3) for the words "entered all documents", the
words "filed true copies of all documents" shall be substituted.
GUJARAT:
[279] [Same as those of
Maharashtra.
KARNATAKA:
[280] [Amendments to section
51(2) and (3) are the same as in Kerala. Insert sub-section (5) as under:
"(5) If, any of the books
mentioned in sub-section (1) is destroyed or in the opinion of the Registrar is
in danger to being destroyed, or becoming illegible wholly or partially, the
Registrar may, by a written order, direct such book or such portion
thereof as he thinks fit, to be reconstructed or, recopied as the case may be
and authenticated in such manner as may be prescribed under section 69 and the
copy prepared and authenticated under such direction shall for the purpose of
this Act, be deemed to have taken the place of and to be the original book or
portion and all references in this Act, to the original book or portion shall
be deemed to be references to the book or portion so prepared and
authenticated."]
[281] [In Section 51
(a)
for
sub-section (2), the following sub-section shall be substituted, namely:-
"(2) In Book No.1 shall be filed,-
(i) ???true copies of all documents; and
(ii) ??all memoranda registered under sections 17,
18 and 89 which relate to immovable property, and are not wills.";
(b)
in
sub-section (3), for the words "entered all documents", the words
"filed true copies of all documents" shall be substituted;
(c)
after
sub-section (4), the following sub-section shall be inserted, namely:-
"(5) If, in the
opinion of the Registrar, any of the books mentioned in sub-section
(1) is in danger of being destroyed, or becoming illegible wholly or partially,
the Registrar may, by a written order, direct such book or such portion thereof
as he thinks fit, to be recopied and authenticated in such manner as may be
prescribed under section 69, and the copy prepared and authenticated under such
direction shall for the purposes of this Act, be deemed to have taken the place
of and to be the original book or portion and all references in this Act, to
the original book or portion shall be deemed to be references to the book or
portion so prepared and authenticated."]
[282] [In Section 51
The following sub-section shall be
inserted, namely:-
"(5) If, any of the books
mentioned in sub-section (1) is destroyed or in the opinion of the Registrar is
in danger of being destroyed, or becoming illegible wholly or partially, the
Registrar may by a written order, direct such book or such portion thereof
as he thinks fit, to be reconstructed or recopied, as the case may be, and
authenticated in such manner as may be prescribed under section 69, and the
copy prepared and authenticated under such direction shall for the purpose of
this Act, be deemed to have taken the place of and to be the original book or
portion and all references in this Act, to the original book or portion shall
be deemed to be references to the book or portion so prepared and
authenticated."]
KERALA:
[283] [In section 51,--
(i) ?? for sub-section (2), substitute the
following:--
"(2) In Book 1 shall be
filed--
(i)?? ?true
copies of all documents; and
(ii) ??all memoranda, registered under sections 17,
18 and 89, which relate to immovable property and are not wills.";
(iii)? ?in
sub-section (3), for the words "entered all documents", substitute
the words "filed true copies of all documents".]
[284] [In Section 51
(a)
for
sub-section (2) the following sub-section shall be substituted namely:-
"(2) In Book I shall be
filled-
(i) ???true copies of all documents; and
(ii) ???all memoranda, registered under sections 17,
18 and 89 which relate to immovable property and are not wills";
(b)
in
sub-section (3), for the words "entered all documents", the
words "filed true copies of all documents" shall be substituted.]
MAHARASHTRA:
[285] [[286] [[287]
[In section 51,--
(i) ????in sub-section (2), after the figures
"89", the words and figures "sub-sections (2) and (4)" were
inserted.
(ii) ???after sub-section (4), add the following
new sub-section, namely:--
"(5) If, in the opinion
of the Registrar, any of the books mentioned in subsection (1) is in danger of
being destroyed or becoming illegible wholly or partially, the Registrar may,
by a written order, direct such book or such portion thereof as he thinks fit
to be recopied and authenticated in such manner as may be prescribed under
section 69 and the copy prepared and authenticated under such direction shall,
for the purposes of this Act be deemed to have taken the place of and to be the
original book or portion, and all references in this Act to the original book
or portion shall be deemed to be references to the book or portion so recopied
and authenticated."
[Note.--Section 8 of
the Bombay Act 25 of 1938 runs as follows:
"8. Validity of
copies made prior to enactment of this Act.--Notwithstanding anything
contained in the said Act (i.e. the Indian Registration Act), copies of any of
the books mentioned in sub-section (1) of section 51 of the said Act or any
portion of such book, prepared before the enactment of this Act and
authenticated in pursuance of the order of the Registrar or Inspector-General
shall for the purposes of the said Act be deemed to have taken the place of and
to be the original book or portion; and all references in the said Act to the original
book or portion shall be deemed to be references to the book or portion so
prepared and authenticated".]
(iii)? ?in
sub-section (2), for the words "18 and 89, sub-sections (2) and
(4)", substitute the words "and 18 and section 89 except sub-sections
(1) and (3) thereof".
ORISSA:
[288] [In its application to
the State of Orissa, in section 51,--
(a)
for
sub-section (2), the following sub-section shall be substituted, namely,--
"(2) In Book 1 shall be filed--
(i)?? ?true
copies of all documents, and
(ii)?? ?all
memoranda,
registered
under sections 17, 18 and 89, which relate to immovable property, and are not
wills";
(b)
in
sub-section (3), for the words "entered all documents", substitute
"filed true copies of all documents";
(c)
after
sub-section (4), insert the following new sub-sections, namely,--
"(5) If, in the opinion of the
Registrar, any of the books mentioned in subsection (1) is in danger of being
destroyed or becoming illegible wholly or partially, the Registrar may, by a
written order, direct such book or such portion thereof as he thinks fit to be
recopied and authenticated in such manner as may be prescribed under section 69
and the copy so prepared and authenticated under such direction shall, for the
purpose of this Act, and of the Evidence Act, 1872, be deemed to have taken the
place of, and to be, the original book or portion, as the case may be, and all
references in this Act to the original book or portion shall be deemed to be
references to the book or portion so prepared and authenticated.
(6) Notwithstanding anything contained
in this Act, copies of any of the books mentioned in sub-section (1) or any
portion of such books prepared and authenticated before the commencement
of the Registration (Orissa Amendment) Act, 1989, in pursuance of an order of
the Registrar or the Inspector-General of Registration, shall, for the purposes
of this Act, and of the Evidence Act, 1872, be deemed to have taken the place
of, and to be, the original book or portion, as the case may be, and all
references in this Act to the original book or portion shall be deemed to be
references to the book or portion so prepared and authenticated."
PONDICHERRY:
[289] [With reference to the
documents specified in the rules made under section 52(3) as obtaining in
Pondicherry, section 51 shall stand modified as follows:--
Modifications are the same as in Kerala
(i) and (ii).
TRIPURA:
[290] [In section 51,--
(i)?? substitute sub-section (2) as
under--
"(2) In Book 1 shall be:
(i) ????pasted true copies of all documents, and
(ii)?? ?filed
all memoranda,
registered under sections 17,
18 and 89 which relate to immovable property and are not wills."
(ii)?? ?in
sub-section (3) for the word "entered", substitute the words
"pasted true copies of".
UTTAR PRADESH:
[291] [After sub-section (4)
of section 51, insert sub-section (5) as under--
"(5) Where due to fire
tempest, flood, excessive rainfall, violence of any army or mob or other
irresistible force, any or all of the books specified in sub-section (1) are
destroyed or become illegible either wholly or partially and the State
Government is of the opinion that it is necessary or expedient so to do, it
may, by order direct such book or such portion thereof as it thinks fit, to be
re-copied, authenticated or reconstructed in such manner as may be prescribed,
and the copy so prepared, authenticated or reconstructed shall, for the purpose
of this Act and of the Indian Evidence Act, 1872, be deemed to have taken the
place of, and to be, the original book or portion."
TAMIL NADU AND
WEST BENGAL:
For modification
in section 51, see Schedule as inserted by Tamil Nadu Act 21 of 1966
and West Bengal Act 17 of 1978.
TAMIL NADU:
[292] [In section 51 of
the principal Act, in sub-section (1),--
(1)
for
the expression "The following books", the expression "The following
books and the information storage devices" shall be substituted;
(2)
The
following shall be added at the end, namely:--
"C--In the office of the
Registering Officer notified by the State Government under sub-section (1) of
section 70-B--
Information storage devices as
specified in sub-section (2-A) of section 16.]
PUDUCHERRY
[293] [In Section 51
The words "The following
books", the words "The following books and the information storage
devices as specified in sub-section (1) of the section 16" shall be
substituted.]
UTTARAKHAND
[294] [In Section 51
In placed of sub-sections (2), (3)
and (5) of section 51 of the Principal Act, the following sub-section shall be
substituted as follows; namely:-
"(2) In Book 1,
shall be filed true copies of all documents or memoranda registered under
sections 17, 18 and 89 which relate to immovable property, and are not wills;
Provided that where Book is in
electronic form, all documents, other than wills, registered under aforesaid
sections or true copies thereof, as the case may be, or memoranda shall be
scanned in it and a printout, thereof shall be kept permanently in Book 1,
(3) ??In Book 4, shall be filed true
copies of all documents registered under clauses (d) and (f) of section 18
which do not relate to immovable property;
Provided that where Book is in
electronic form, all documents registered under the aforesaid clauses or their
true copies, as the case may be, shall be scanned in it and a printout thereof
shall be kept permanently in Book 4.
(5) ??Where due to fire, tempest, flood, excessive
rainfall, violence of any army or mob, or other irresistible force and for any
other reason or all of the books specified in sub-section (1) are destroyed, or
become illegible either wholly or partially, and the State Government
is of the opinion that it is necessary, or expedient so to do it may, by order,
direct such book or such portion thereof, as it thinks fit, to be re-copied,
authenticated, or reconstructed in such manner as may be prescribed, and the copy
so prepared, authenticated or reconstructed, shall for the purposes of this
Act, and of the Indian Evidence Act, 1872, be deemed to have taken the place
of, and to be the original book or portion.]
Section 52 - Duties of registering officers when document presented
(1)
(a)
The day, hour and place of presentation, [295] [the
photographs and finger prints affixed under section 32A,] and the signature of
every person presenting a document for registration, shall be
endorsed on every such document at the time of presenting it;
(b) a receipt for such document shall
be given by the registering officer to the person presenting the same; and
(c) subject to the, provisions
contained in section 62, every document admitted to registration shall without
unnecessary delay be copied in the book appropriated therefore according to the
order of its admission.
(2)
All such books shall
be authenticated at such intervals and in such manner as is from time to time
prescribed by the Inspector-General.
[STATE
AMENDMENTS
BIHAR:
[296] [In section 52,--
(i)??? ?in
clause (a), after the words "every such documents" the words
"along with duplicate copy thereof" shall be inserted.
(ii) ???for clause (c), the following shall be
substituted:--
"(c) subject to the provisions
contained in section 62, every duplicate copy shall, without unnecessary delay,
be verified from the document admitted for registration and be placed in proper
book for being bound separately in the appropriate book for the document
admitted to registration or according to the order of admission."]
[297] [In Section 52
(i) ????in clause (a), after the words "every
such documents" the words "along with duplicate copy thereof"
shall be inserted;
(ii) ??for clause (c), the following shall be
substituted, namely:--
"(c) subject to the provisions
contained in section 62 every duplicate copy shall, without Unnecessary delay
be verified from the document admitted to registration and be placed in proper
book for being bound separately in the appropriate book for the document
admitted to registration according to the order of admission."]
DELHI:
[298] [Same as in Punjab.
GOA:
[299] [Section 52(1)(c) be
substituted as under:
"(c) subject to the provisions
contained in section 62, where a document is admitted to registration, a true
copy thereof shall, without unnecessary delay, be filed in the appropriate book
according to the order of its admission.
HIMACHAL
PRADESH:
[300] [Same as in Punjab
[301] [In section 52
The following clause shall be
substituted, namely:--
"(c) subject to the provisions
contained in Section 62, a copy of every document admitted to registration
shall, without un-necessary delay, be pasted in the book appropriated therefor
according to the order of admission of the document."]
KARNATAKA:
[302] [Amendments to section
52 are the same as in Kerala.
[303] [In Section 52
The following clause shall be
substituted, namely:-
"(c) subject to the provisions
contained in section 62 where a document is admitted to registration, a true
copy thereof shall, without unnecessary delay, be filed in the appropriate book
according to the order of its admission".]
KERALA:
[304] [For clause (c) of
sub-section (1), substitute the following namely:--
"(c) subject to provisions
contained in section 62, where a document is admitted to registration, a true
copy thereof shall, without unnecessary delay, be filed in the appropriate book
according to the order of its admission."]
[305] [In Section 52
The following clause shall be
substituted, namely:-
"(c) subject to the provisions
contained in section 62, where a document is admitted to registration, a true
copy thereof shall, without unnecessary delay, be filed in the appropriate book
according to the order of its admission.'']
MAHARASHTRA
AND GUJARAT:
For modification of section 52(1)(c),
see sub-section (3) of section 70D in Part XIA inserted in the main Act by the
Indian Registration (Bombay Amendment) Act, 1930 (17 of 1930) (w.e.f. 4-9-1930)
and Act 11 of 1960, section 87.
ORISSA:
[306] [Amendments are
same as in Kerala.
PONDICHERRY:
[307] [(a) In section 52, in
sub-section (1),--
(i)??? ?in
clause (a), word "and" shall be added at the end; and
(ii)?? ?the
word "and" at the end of clause (b) and clause (c) shall be omitted.
(b) ??After sub-section (1), insert the
following sub-sections, namely:--
"(1A) Subject to
the provisions contained in section 62, where any document, not being of the
class specified in the rules made under sub-section (3), is admitted to
registration, it shall, without unnecessary delay, be copied in the appropriate
book according to the order of its admission.
(1B) Subject to the
provisions contained in section 62 and the rules made under sub-sections (3)
and (4) and under section 89A, where any document of the class specified in the
rules made under sub-section (3) is admitted to registration a true copy
thereof shall, without unnecessary delay, be filed in the appropriate book
according to the order of its admission."
(c) ??After sub-section (2), add the
following sub-sections, namely:--
"(3) The State
Government may, from time to time, specify by rules the classes of documents in
respect of which true copies shall be filed in the appropriate book under
sub-section (1B).
(4) ??The true copy referred to in sub-section (1B)
shall be neatly handwritten, printed, typewritten, lithographed or otherwise
prepared in accordance with such rules as may be made in this behalf, and where
such copy is handwritten, it shall be prepared by a scribe who shall be
licensed for this purpose by the State Government on payment of such fees as
may be prescribed.
(5)? ?The
provisions of this Act shall, in their application to the classes of documents
specified in the rules under sub-section (3), have effect, subject to the
modifications set out in the Schedule."
PUNJAB,
HARYANA AND CHANDIGARH:
[308] [For clause (c) of
sub-section (1) of section 52, substitute the following, namely:--
"(c) Subject to the provisions
contained in section 62, a copy of every document admitted to registration
shall, without unnecessary delay, be pasted in the book appropriated therefore
according to the order of admission of the document."]
[309] [In Section 52
The following shall
be substituted, namely ;-
"(c) subject to the provisions
contained in Section 62, a copy of every document admitted to registration
shall without unnecessary delay be pasted in the book appropriated therefor
according to the order of admission of the document.".]
RAJASTHAN:
[310] [In section
52(1) substitute clause (c) as under:
"(c) Subject to the provisions
contained in section 62, a true or photostat copy of every document admitted to
registration shall, without unnecessary delay, be pasted in the book
appropriated therefore according to the order of its admission."
TAMIL NADU:
[311] [Same as
in Pondicherry.
TRIPURA:
[312] [In section 52(1),
clause (c) be substituted as under:
"(c) subject to the provisions
contained in section 62 the true copy, referred to in section 18A of every
document admitted to registration shall, without unnecessary delay, be pasted
in the book appropriated therefore according to the order of its
admission."
UTTAR PRADESH:
In section 52(1)(c) an
Explanation was inserted by Uttar Pradesh Act 14 of 1971, section 3
(w.e.f. 25-5-1971). The Explanation is now omitted by Uttar Pradesh Act 19 of
1981, section 11 (w.r.e.f. 1-8-1981).
[313] [In Section 52
In sub-section (1)
after clause (c), the following Explanation shall be inserted,
namely:
"Explanation--Copying of the
document in the said book includes the pasting of its copy in the book."]
WEST BENGAL:
[314] [In section 52(1),--
(i)?? ?in
clause (a) add the word "and" at the end,
(ii)? ?omit
the word "and" in clause (b), and omit clause (c),
(iii) ?after sub-section (1), insert as under--
"(1A) Subject to
the provisions contained in section 62, where any document, not being of the
class specified in the rules made under sub-section (3), is admitted to
registration, it shall, without unnecessary delay, be copied in the appropriate
book according to the order of its admission.
(1B) Subject to the
provisions contained in section 62 and in the rules made under sub-sections (3)
and (4) and under section 89A, where any document of the class specified in the
rules made under sub-section (3) is admitted to registration, a true copy
thereof shall, without unnecessary delay, filed in the appropriate book
according to the order of its admission."
(iv)? ?after sub-section (2), add as under:--
"(3) The State
Government may, from time to time, specify by rules the classes of documents,
in respect of which true copies shall be filed in the appropriate book under
sub-section (1B).
(4) ??The true copy referred to in sub-section
(1B), shall be neatly handwritten, printed, typewritten, lithographed or
otherwise prepared in accordance with such rules as may be made in this behalf.
(5)? ?The
provisions of this Act shall, in their application to the classes of documents
specified in the rules made under sub-section (3), have effect subject to the
modifications set out in the Schedule."]
UTTARAKHAND
[315] [In Section 52
In sub-section (1) of section 52 of the
Principal Act -
(1) in sub-section (1) -
(i) ???in clause (a), for the words, "every
such documents at the time of presenting it", the words, "every such
documents and true copy thereof at the time of presenting it; and" shall
be substituted;
(ii) ???for clauses (b) and (c), the following
clause shall be substituted, namely:-
"(b) a receipt for such
document shall be given by the registering officer to the person presenting the
same."
(2) sub-section
(2) shall be omitted.]
Section 53 - Entries to be numbered consecutively
All entries in
each book shall be numbered in a consecutive series, which shall
commence and terminate with the year, a fresh series being commenced at the
beginning of each year.
[STATE
AMENDMENTS
Maharashtra and Gujarat:
For modification of section 53, see
sub-section (3) of section 70D in Part XIA inserted in the main Act by the
Indian Registration (Bombay Amendment) Act, 1930 (17 of 1930) (w.e.f. 4-9-1930)
and Act 11 of 1960, section 87.
Uttar Pradesh -
[316] [In its application
to the State of Uttar Pradesh, in Section 53, insert the following proviso,
namely,-
"Provided that where Book is in
electronic form, all entries and numbers in that Book and the Book Maintained
manually shall be identical".]
[Uttarakhand
[317] [In Section 53
The following proviso shall be
inserted, namely:-
"Provided that where Book is in
electronic form, all entries and numbers in that Book and the Book maintained
manually shall be identical."]
Section 54 - Current indexes and entries therein
In every office in which any of
the books hereinbefore mentioned are kept, there shall be prepared
current indexes of the contents of such books; and every entry in such indexes
shall be made, so far as practicable, immediately after the registering
officer has copied, or filed a memorandum of, the document to which
it relates.
[STATE
AMENDMENTS
BIHAR:
[318] [Section 54 shall
be renumbered as sub-section (1) of section 54 and after the said subsection,
as so renumbered, the following sub-section shall be added:--
"(2) (a)
If, in the opinion of the Registrar, any of the indexes mentioned in
sub-section (1) is in danger of being destroyed or becoming illegible wholly or
partially, the Registrar may, by a written order, direct such index or such
portion thereof as he thinks fit to be recopied in such manner as may be
prescribed under section 69, and the copy so prepared shall, for the purposes
of this Act and of the Indian Evidence Act, 1872, be deemed to have
taken the place of and to be the original index or portion, and all references
in this Act to the original index or portion shall be deemed to be references
to the index portion prepared as aforesaid.
(b) Notwithstanding anything contained
in this Act, copies or any of the indexes mentioned in sub-section (1) or any
portion of such index prepared before the commencement of the Indian
Registration (Bihar Amendment) Act, 1952, in pursuance of an order of the
Registrar or the Inspector-General shall, for the purposes of this Act, and of
the Indian Evidence Act, 1872, be deemed to have taken the place of and to be
the original index or portion and all references in this Act to the original
index or portion shall be deemed to be reference to the index or portion so
prepared."
GOA:
[319] [In section 54,
for the words "copied or filed a memorandum of", the words
"filed a true copy or a memorandum of" shall be substituted.
GUJARAT:
[320] [Same as that
of Maharashtra.
KARNATAKA:
[321] [In section 54, for
the words "copied or filed a memorandum of" substitute the word
"filed a true copy or the memorandum of".
[322] [In Section 54
The the words "copied or filed a
memorandum of", the words " filed a true copy of the memorandum of
" shall be substituted.]
KERALA:
[323] [In section 54, for
the words "copied or filed a memorandum of", substitute the words
"filed a true copy or memorandum of".]
[324] [In Section 54
The the words "copied, or filed a
memorandum of, the words "filed a true copy or memorandum or shall be
substituted.]
MAHARASHTRA:
[325] [In section 54,
after the word "books" where it occurs for the second time, insert
the words "and there shall also be prepared current indexes of the coments
of the copies filed under sub-sections (1) and (3) of section 89".
ORISSA:
[326] [Amendments are same
as in West Bengal.
PONDICHERRY:
[327] [With reference to
documents specified in rules made under section 52(3), as obtaining in
Pondicherry, section 54 shall stand modified as follows:--
For the words "copied or
filed" words "filed a true copy of, or" shall stand substituted.
TRIPURA:
[328] [In section 54, for
the words "copied, or filed a memorandum", substitute the words
"pasted a true copy or filed a memorandum of".
TAMIL NADU AND
WEST BENGAL:
For modification to sections 54 and 55,
see Schedule as inserted by Tamil Nadu Act 21 of 1966 and West Bengal Act 17 of
1978.
UTTARAKHAND
[329] [In Section 54
Section 54 of the Principal Act, shall
be substituted as follows; namely :-
"54. In every office in which any
of the books hereinbefore mentioned are kept, there shall be prepared current
indexes of the contents of such books and every entry in such indexes shall be
made, so far as practicable, immediately after the registering officer has
scanned or filed a true copy or a memorandum of, the document to which it
relate."]
Section 55 - Indexes to be made by registering officers, and their contents
(1)
Four
such indexes shall be made in all registration offices, and shall be named,
respectively, Index No. I, Index No. II, Index No. Ill and Index No. IV.
(2)
Index
No. I shall contain the names and additions of all persons executing and of all
persons claiming under every document entered or memorandum filed in Book No.
1.
(3)
Index
No. II shall contain such particulars mentioned in section 21 relating to every
such document and memorandum as the Inspector-General from time to time directs
in that behalf.
(4)
Index
No. III shall contain the names and additions of all persons executing every
will and authority entered in Book No. 3, and of the executors and persons
respectively appointed thereunder, and after the death of the testator or the
donor (but not before) the names and additions of all persons claiming under
the same.
(5)
Index
No. IV shall contain the names and additions of all persons executing and of
all persons claiming under every document entered in Book No. 4.
(6)
Each
Index shall contain such other particulars, and shall be prepared in such form,
as the Inspector-General from time to time directs.
[STATE
AMENDMENTS
GOA:
[330] [In section 55,--
(a) in sub-section (2),
for the words "document entered or memorandum filed", the words
"document of which a true copy or a memorandum, is filed" shall he
substituted;
(b) in sub-section (4),
for the words "authority entered", the words "authority of which
a true copy is filed" shall be substituted;
(c) in sub-section (5),
for the words "document entered", the words "document of which a
true copy is filed" shall be substituted.
GUJARAT:
[331] [Same as in
Maharashtra.
KARNATAKA:
[332] [Amendments to section
55 are the same as in Kerala.
[333] [In Section 55
(a) in sub-section (2),
for the words "documents entered or memorandum filed", the words
"documents of which a true copy or memorandum is filed" shall be
substituted;
(b) in sub-section (4),
for the words "authority entered", the words "authority of which
a true copy is filed" shall be substituted;
(c) in sub-section (5),
for the words "document entered", the words "documents of which
a true copy is filed" shall be substituted.]
KERALA:
[334] [In section 55,--
(i) ???in sub-section (2), for the words
"documents entered or memorandum filed", substitute the words
"document of which a true copy or a memorandum is filed";
(ii) ???in sub-section (4), for the words
"authority entered", substitute the words "authority of which a
true copy is filed";
(iii)? ?in
sub-section (5), for the words "document entered", substitute the
words "document of which a true copy is filed".]
[335] [In Section 55
(a)
in
sub-section (2), for the words "document entered or memorandum, is
filed", the words "document of which a true copy, or a memorandum, is
filed: shall be substituted;
(b)
in
sub-section (4), for the words "authority entered", the words
"authority of which a true copy is filed" shall be substituted;
(c)
in
sub-section (5), for the words "document entered", the words
"document of which a true copy is filed" shall be substituted.]
MAHARASHTRA:
[336] [In section 55,--
(a) for sub-section (1),
the following was substituted, namely:--
"(1) Six such indexes shall be
made in all registration offices and shall be named, respectively Index No. 1,
Index No. IA, Index No. II, Index No. IIA, Index No. III and Index No.
IV.";
(b) after sub-section
(2), the following sub-section was inserted, namely:--
"(2A) Index No. IA shall contain
the names including the father's name, or, in the case of persons usually
described by their mother's name, the mother's name, and the places of
residence of all persons executing, and of all persons claiming
under, the documents of which copies are filed under sub-section (1) or (3) of
section 89.";
(c) after sub-section
(3), the following sub-section was inserted, namely:--
"(3A) Index No. IIA shall
contain such particulars mentioned in section 21 as the Inspector-General may,
from time to time, prescribe in this behalf in regard to every copy filed under
sub-section (1) or (3) of section 89.";
(d) after the words
"and additions" wherever they occur, the words "including the
father's name, or in the case of persons usually described by their mother's
name, the mother's name and the places of residence" were substituted.
ORISSA:
[337] [In its application to
the State of Orissa, in section 55,--
(i) ???sub-section (2), for the words
"document entered or memorandum filed", substitute "document of
which a true copy or a memorandum is filed";
(ii)?? ?in
sub-section (4), or the words "authority entered", substitute
"authority of which a true copy is filed"; and
(iii) ??in sub-section (5), for the words
"document entered", substitute "document of which a true copy is
filed".
PONDICHERRY:
[338] [With reference to
documents specified in the Rules made under section 52(3) as obtaining in
Pondicherry, section 55 shall stand modified as under:--
(i) ????in sub-section (2), for the words
"every document entered or memorandum filed", words "every
document of which a true copy or a memorandum is filed" shall stand
substituted;
(ii)?? ?in
sub-section (4), for the words "every will and authority entered in Book
No. 3", words "every will and authority of which a true copy is filed
in Book No. 3" shall stand substituted;
(iii)? ?in
sub-section (5), for the words "documents entered", words
"document of which a true copy is filed" shall stand substituted.
TRIPURA:
[339] [In section 55,--
(i)?? ?in
sub-section (2), for the word "entered" substitute the words "of
which a true copy pasted";
(ii) ??in sub-section (4), for the words and figure
"every will and authority entered in Book No. 3" substitute the words
and figure "every will and authority of which a true copy is pasted in
Book No. 3";
(iii) ??in sub-section (5), for the word
"entered" substitute the words "of which a true copy is
pasted".
WEST BENGAL:
[340] [Same as
in Pondicherry.
Section 55A
WEST BENGAL:
[341] [For section 55A,
which was inserted by the Indian Registration (West Bengal Amendment) Act, 1950
(29 of 1950), section 3, substitute the following, namely:--
"55A. Copies of books and indexes
to be as good as original books and indexes in certain cases.--Notwithstanding
anything contained in any other law for the time being in force, copies of any
of the books mentioned in sub-section (1) of section 51, and of any of the
indexes mentioned in section 55, relating to documents registered on or before
the 14th day of August, 1947, in registration offices situate in district or
sub-districts which as a result of the award of the Boundary Commission
appointed under section 3 of the Indian Independence Act, 1947, have fallen
partly within West Bengal and partly within East Bengal, shall, on being
authenticated in such manner as may be prescribed by the Inspector-General, be
deemed for the purposes of this Act to have taken the place of, and to be, the
original books and indexes from which such copies were made and all references
in this Act to books and indexes shall be construed as including references to
such copies."]
[342] [After
Section 55
The following new section shall
be Inserted , namely:?
"55A. Photographic copies of books
and indexes to be as good as original books and indexes in certain
cases.?
Notwithstanding any?thing contained in
any other law for the time being in force, copies made by photography of any of
the books mentioned in sub- section (1) of section 51, and of any of the
indexes mentioned in section 55, relating to documents registered on or
before the 14th day of August, 1947 in registration offices situate in
districts or sub-districts which as a result of the award of the Boundary
Commission appointed under section 3 of the Indian Inde?pendence Act, 1947
have fallen partly within West Bengal and partly within East Bengal, shall for
the purposes of this Act be deemed to have taken the place of and to be the
original books and indexes from which such copies were made and all references
in this Act to books and indexes shall be construed as including references to
such copies.".]
[343] [After
Section 55
The following section shall
be Substituted namely :?
"55A. Copies of
books and indexes to be as good as original books and indexes in
certain cases.?
Notwithstanding anything contained in
any other law for the time being in force, copies of any of the books mentioned
in sub- section (1) of section 51, and of any of the indexes mentioned
in section 55, relating to documents registered on or before the 14th day
of August, 1947 in registration offices situate in districts or sub-districts
which as a result of the award of the Boundary Commission appointed
under sec?tion 3 of the Indian Independence Act, 1947 have fallen partly within
West Bengal and partly within East Bengal, shall, on being authenticated in
such manner as may be prescribed by the Inspector-General, be deemed for the
purposes of this Act to have taken the place of, and to be, the original
books and indexes from which such copies were made and all references in this
Act to books and indexes shall be construed as including references to such
copies.".]
UTTARAKHAND
[344] [In Section 55
The following sub-section shall be
inserted, namely:-
"(7) Where Book is in electronic
form, the indexes made under this section shall also be stored in electronic
form in the manner prescribed by rules under Section 69."]
UTTAR PRADESH
[345] [In
its application to the State of Uttar Pradesh, in Section 55, after
sub-section (6), insert the following sub-section, namely,-
"(7) Where Book is in
electronic form, the indexes made under this section shall also be stored in
electronic form in the manner prescribed by rules under section 69".]
Section 56 - Copy of entries in Indexes Nos. I, II and III to be sent by Sub-Registrar to Registrar and filed (Repealed)
[Repealed by the Indian Registration
(Amendment) Act, 1929 (15 of 1929), section 2]
Section 57 - Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries
(1)
Subject
to the previous payment of the fees payable in that behalf, the Books Nos.
1 and 2 and the Indexes relating to Book No. 1 shall be at all time open to
inspection by any person applying to inspect the same; and, subject to the
provisions of section 62, copies or entries in such books shall be given to all
persons applying for such copies.
(2)
Subject
to the same provisions, copies of entries in Book No. 3 and in the Index
relating thereto shall be given to the persons executing the documents to which
such entries relate, or to their agents, and after the death of the executants
(but not before) to any person applying for such copies.
(3)
Subject
to the same provisions, copies of entries in Book No. 4 and in the Index
relating thereto shall be given to any person executing or claiming under the
documents to which such entries respectively refer, or to his agent or
representative.
(4)
The
requisite search, under this section for entries in Book Nos. 3. and 4 shall be
made only by the registering officer.
(5)
All
copies given under this section shall be signed and sealed by the
registering officer, and shall be admissible for the purpose of proving the
contents of the original documents.
[STATE AMENDMENTS
[346][Gujarat:
Same as in Maharashtra.
[347][Maharashtra:
In sub-section (1), after the words and
figure "Book No. 1", the following words and figures were inserted,
namely: "and, so long as they are preserved, the copies filed under
subsections (1) and (3) of section 89 and the indexes relating to such
copies."
Uttar Pradesh -
[348] [In its application
to the State of Uttar Pradesh, in Section 57, sub section (1), for the words
"to Book No. 1," substitute "to Book No.1 other than those in
electronic form,"]
[Uttarakhand
[349] [In Section 57
In place of sub-section (1) of section
57 of the Principal Act, shall be substituted as follows; namely:-
"(1) Subject to the previous
payment of fees payable in that behalf, books 1 and 2 and indexes relating to
Book I other than those in electronic Form shall be, at all times, open to
inspection by any person applying to inspect the same and subject to the
provisions of section 62, copies of entries in such books shall be given to all
persons applying for such copies."]
Section 58 - Particulars to be endorsed on documents admitted to registration
(1)
On
every document admitted to registration, other than a copy of a decree or
order, or a copy sent to a registering officer under section 89, there shall be
endorsed from time to time the following particulars, namely:--
(a)
the
signature and addition of every person admitting the execution of the document,
and, if such execution has been admitted by the representative, assign or agent
of any person, the signature and addition of such representative, assign or agent;
(b)
the
signature and addition of every person examined in reference to such document
under any of the provisions of this Act; and
(c)
any
payment of money or delivery of goods made in the presence of the registering
officer in reference to the execution of the document, and any admission of
receipt of consideration, in whole or in part, made in his presence in
reference to such execution.
(2)
If
any person admitting the execution of a document refuses to endorse the same,
the registering officer shall nevertheless register it, but shall at the same
time endorse a note of such refusal.
[STATE
AMENDMENTS
[Uttarakhand
[350] [In Section 58
In place of sub-section (1) of section
58 of the Principal Act, shall be substituted as follows; namely;-
"(1) On every document
admitted to registration and true copy there of other than a copy of a decree
or order or a copy sent to a registering officer under section 89, there shall
be endorsed from time to time, the following particulars, namely :-
(a) the signature and
addition of every person admitting the execution of the document and if such
execution has been admitted by the representative, assign or agent of any
person, the signature and addition of such representative, assign or agent;
(b) the signature and
addition of every person examined in reference to such document, under any of
the provisions of the Act; and
(c) any payment of money
or delivery of goods made in the presence of the registering officer, in
reference to the execution of the document and any admission of receipt of
consideration, in whole or in part, made in his presence in reference to such
execution.]
TAMIL NADU:
[351] [In section 58 of
the principal Act,--
(1)
in
sub-section (1), after item (a), the following item shall be inserted,
namely:--
"(aa) in the case of a document
for sale of property, the signature and addition of every person admitting the
claim under such document, and, if such claim has been admitted by the
representative, assign or agent of any person, the signature and addition of
such representative, assign or agent;";
(2)
in
sub-section (2), after the expression "execution of a document", the
expression "and in the case of a document for sale of property, any person
admitting the execution of such document, or any person admitting the claim under
that document" shall be inserted.]
Uttar Pradesh-
[352] [In its application
to the State of Uttar Pradesh, in Section 58, sub section (1), for the words
"admitted to registration ", substitute "admitted to
registration and true copy thereof".]
Section 59 - Endorsements to be dated and signed by registering office
The registering officer shall affix the date and his
signature to all endorsements made under sections 52 and 58, relating
to the same document and made in his presence on the same day.
Section 60 - Certificate of registration
(1)
After
such of the provisions of sections 34, 35, 58 and 59 as apply to
any document presented for registration have been complied with, the
registering officer shall endorse thereon a certificate containing the word
"registered", together with the number and page of the book in which
the document has been copied.
(2)
Such
certificate shall be signed, sealed and dated by the registering officer, and
shall then be admissible for the purpose of proving that the document has been
duly registered in manner provided by this Act, and that the facts
mentioned in the endorsement, referred to in section 59 have occurred as
therein mentioned.
[STATE
AMENDMENTS
BIHAR:
[353] [In sub-section (1),
for the words "together with the number and page of the book in which the
document has been copied" the words "together with reference to the
serial number of the duplicate copy and the number of the book in which it is
placed" shall be substituted.]
?[In
Section 60
(i) ???in clause (a), after the words "every
such documents" the words "along with duplicate copy thereof"
shall be inserted;
(ii)?? ?for
clause (c), the following shall be substituted, namely:--
"(c) subject to the provisions
contained in section 62 every duplicate copy shall, without Unnecessary delay
be verified from the document admitted to registration and be placed in proper
book for being bound separately in the appropriate book for the document
admitted to registration according to the order of admission."]
GOA:
[354] [In section
60, in sub-section (1), for the words "the document has been
copied", the words "the true copy of the document has been
filed" shall be substituted.
KARNATAKA:
[355] [Amendments
to section 60 are the same as in Kerala.
[356] [In Section 60
The words "the document has been
copied", the words " a true copy of the document has been filed"
shall be substituted.]
KERALA:
[357] [In sub-section (1) of
section 60, for the words "the document has been copied", the words
"the true copy of the document has been filed" shall be substituted.]
[358] [In Section 60
The words "the true copy of the
document has been filed" shall be substituted.]
MAHARASHTRA
AND GUJARAT:
For modification of section
60(1), see sub-section (3) of section 70D in Part XIA inserted in the main Act
by the Indian Registration (Bombay Amendment) Act, 1930 (17 of 1930) (w.e.f.
4-9-1930) and Act 11 of 1960, section 87 (w.e.f. 1-5-1960).
ORISSA:
[359] [Amendments to section
60 are the same as in Kerala.
PONDICHERRY:
[360] [In its application to
documents specified by Rules framed under section 52(3) of the Act as obtaining
in Pondicherry, section 60 shall stand modified as under:
For the words
"the document has been copied", the words "true copy
of the document has been filed", shall be substituted.
TRIPURA
[361] [In section 60, for
the words "the document has been copied", substitute the words
"the true copy of the document has been pasted".
WEST BENGAL
For modifications
to sections 60 and 61, see Schedule as inserted by Tamil Nadu Act 21
of 1966 and West Bengal Act 17 of 1978.
TAMIL NADU
For modifications to sections 60 and
61, see Schedule as inserted by Tamil Nadu Act 21 of 1966 and West Bengal Act
17 of 1978.
[362] [In Section 60
In sub-section (1), for the expression
"a certificate containing the word 'registered' ", the expression
"a certificate containing the expression 'registered and duly stamped as
per the Indian Stamp Act, 1899 (Central Act II of 1899)'" shall be
substituted.]
UTTAR PRADESH
-
[363] [In its application
to the State of Uttar Pradesh, in Section 60, sub-section (1), for the words
"thereon a certificate containing the word ' registered ' together with
the number and page of the book in which the document has been copied ",
substitute "thereon and on the true copies thereof, a certificate
containing the word ' registered ', together with a reference to the number and
page of the appropriate Book in which the document or its true copy is to be
scanned or kept".]
UTTARAKHAND
[364] [In Section 60
In place of sub-section (1) of section
60 of the Principal Act, shall be substituted as follows; namely :-
"(1) After such
of the provision of sections 34, 35, 58 and 59, as apply to any document,
presented for registration, have been complied with, the registering officer
shall endorse thereon a certificate containing the word 'registered' together
with the number and pages of the books in which the laminated true copy thereof
has been bound and kept.".]
Section 61 - Endorsements and certificate to be copied and document returned
(1)
The endorsements and
certificate referred to and mentioned in sections 59 and 60 shall thereupon be
copied into the margin of the Register-book, and the copy of the map or plan
(if any) mentioned in section 21 shall be filed in Book No. 1.
(2)
The
registration of the document shall thereupon be deemed complete, and
the document shall then be returned to the person who presented the same for
registration, or to such other person (if any) as he has nominated in writing
in that behalf on the receipt mentioned in section 52.
STATE
AMENDMENTS
ANDHRA PRADESH:
[365] [In section 61, after
sub-section (1), add the following:--
"Provided that the copying of the
items referred to above may be done by using electronic devices like
scanner."
GOA:
[366] [Section 61(1) be substituted,
as under:
"(1) The
endorsements and certificate referred to and mentioned in sections 59 and 60
shall thereupon be copied into the true copy of the document presented along
with the document, and the true copy of the map or plan (if any) mentioned
in section 21 shall also be filed alongwith the true copy of the
document."
KARNATAKA
[367] [[368]
[Amendments to section 61 are the same as in Kerala.
[369] [In Section 61
The following sub-section shall be
substituted namely:-
"(1) The endorsements
and certificate referred to and mentioned in sections 59 and 60 shall thereupon
be copied into the true copy of the document presented along with the document
and the true copy of the map or the plan (if any) mentioned in section 21 shall
also be filed along with the true copy of the document."
In section 61, in sub-section (2),
after the words "returned" the words "in the manner prescribed
by rules" shall be inserted.]
[370] [In Section 61
The word "returned", the
words "in the manner prescribed by rules" shall be inserted.]
KERALA:
[371] [For sub-section (1)
of section 61 substitute the following:--
"(1) The
endorsements and certificate referred to and mentioned in sections 59 and 60
shall thereupon be copied into the true copy of the document presented along
with the document and the true copy of the map or plan (if any)
mentioned in section 21 shall also be filed alongwith the true copy of the
document."
MAHARASHTRA
AND GUJARAT:
For omission of sub-section (1) of
section 61, see sub-section (3) of section 70D in Part XIA inserted in the main
Act by the Indian Registration (Bombay Amendment) Act, 1930 (17 of 1930)
(w.e.f. 4-9-1930) and Act 11 of 1960, section 87 (w.e.f. 1-5-1960).
ORISSA:
[372] [Same
as in Kerala.
PONDICHERRY:
[373] [In relation to documents specified
in the Rules framed under section 52(3) as obtaining in Pondicherry, section 61
shall stand modified as follows:--
For the words "copied into the
margin of the register book" in sub-section (1) the words "copied in
the true copy of the document filed under sub-section (1B) of section 52"
shall be substituted.
TAMIL NADU:
[374] [Same as in
West Bengal.
[375] [In section 61 of
the principal Act, in sub-section (1), the following proviso shall be added,
namely:--
"Provided that in the office of
the Registering Officer notified by the State Government under sub-section (1)
of section 70-B, the copying of the items referred to above may be done using
electronic devices like scanner.]
TRIPURA:
[376] [In section 61(1), omit the words
"the margin of".
WEST BENGAL:
[377] [In section 61, in
sub-section (1), omit the words "the margin of".]
PUDUCHERRY
[378] [In Section 61
After sub-section (1), the
following proviso shall be added, namely:
provided that the copying of the items
referred to above may be done using electronic devices like scanner.]
UTTAR PRADESH
[379] [In its application
to the State of Uttar Pradesh, for Section 61, substitute the following
section, namely,-
"61. Document, endorsements
and certificate to be scanned and document returned.-
(1)
Subject
to the provisions of section 62, after the provisions of sections 52, 58,
59 and 60 are compiled with, every document admitted to registration along with
the map or plan, if any, mentioned in section 21, shall without unnecessary
delay, be scanned and a printout thereof shall be kept permanently in the
Book appropriate for the document admitted to registration, according to the
order of its admission;
Provided that, where, Book is not in
electronic form or scanning of the document is not possible on the
same day, the true copy of the document admitted to registration along
with the copy of the map or plan, if any, mentioned in section 21 shall be kept
in the Book appropriate for the document in the manner aforesaid for being
scanned at the earliest opportunity and replaced permanently by a printout
thereof;
Provided further that a true copy filed
before the commencement of the Registration (Uttar Pradesh Amendment) Act,
2001 and not copied in the Book appropriate therefor, shall be deemed to
be a true copy presented under section 32-A and shall be dealt with in
accordance with the provisions of this section;
Provided also that if the true copy
filed before the commencement of the Registration (Uttar Pradesh Amendment)
Act, 2001 is dim or has otherwise become illegible and has not been copied
in the Book appropriate therefor, the registering officer shall, with the prior
approval of the Registrar, require the party concerned to deliver the document
to him for getting its true copy prepared for the purposes of this section and
if the party concerned informs him that the document has been lost or
destroyed, the true copy available in the registering office shall be dealt
with in accordance with the provisions of this section.
(2)
The
registration of the document shall, thereupon, be deemed complete and the
document shall then be returned to the person who presented the same for
registration, or to such other person, if any, as he has nominated in writing
in that behalf on the receipt mentioned in section 52.
(3)
All
such Books shall be authenticated at such intervals and in such
manner as is from time to time prescribed by the Inspector-General."]
[UTTARAKHAND
[380] [In Section 61
In place of section 61 of the
Principal Act, shall be substituted as follows; namely :-
"61. (1)
Subject to the provisions of section 62, after the provisions of sections
52, 58, 59 and 60 are compiled with, every document admitted to registration
along with the map or plan, if any, mentioned in section 21, shall without
unnecessary delay be scanned and a printout thereof shall be kept permanently
in the Book appropriate for the document admitted to registration, according to
the order of its admission;
Provided that, where, Book is not in electronic
form or scanning of the document is not possible on the same day, the true
copy of the document admitted to registration along with the copy of the map or
plan, if any, mentioned in section 21 shall be kept in the Book appropriate for
the document in the manner aforesaid for being scanned at the earliest
opportunity and replaced permanently by a printout thereof;
Provided further that a true copy filed
before the commencement of the Registration (Uttarakhand Amendment) Act, 2010
and not copied in the Book appropriate therefor, shall be deemed to be a true
copy presented under section 32-A and shall be dealt with in accordance with
the provisions of this section;
Provided also that if the true copy
filed before the commencement of the Registration (Uttarakhand Amendment) Act,
2010 is dim or has otherwise become illegible and has not been copied in the
Book appropriate therefor, the registering officer shall, with the prior
approval of the Registrar, require the party concerned to deliver the document
to him for getting its true copy prepared for the purposes of this section and
if the party concerned informs him that the document has been lost or
destroyed, the true copy available in the registering office shall be dealt
with in accordance with the provisions of this section.
(2)? ?The
registration of the document shall, thereupon, be deemed complete and the
document shall then be returned to the person who presented the same for
registration, or to such other person, if any, as he has nominated in writing
in that behalf on the receipt mentioned in section 52.
(3) ???All such Books shall be authenticated at
such intervals and in such manner as is from time to time prescribed by the
Inspector-General."]
Section 62 - Procedure on presenting document in language unknown to registering officer
(1)
When
a document is presented for registration under section 19, the
translation shall be transcribed in the register of documents of the nature of
the original, and, together with the copy referred to in section 19,
shall be filed in the registration office.
(2)
The endorsements and
certificate respectively mentioned in sections 59 and 60 shall be made on the
original, and, for the purpose of making the copies and memoranda required by
sections 57, 64, 65 and 66, the translation shall be treated as if it
were the original.
[STATE
AMENDMENTS
DELHI:
[381] [Same as
in Punjab.
GOA:
[382] [Section
62(1) be substituted as under:
"(1) When a
document is presented for registration under section 19, the translation
together with the true copy of the document shall be filed in the appropriate
book."
HIMACHAL
PRADESH:
[383] [For sub-section (1)
of section 62 substitute the following:--
"(1) When
a document is presented for registration under section 19, a copy of the
translation shall be pasted in the register of document of the nature of the
original, and the second copy of the translation, together with the copy
referred to in section 19, shall be filed in the registration office."]
KARNATAKA:
[384] [Amendment to section
62(1) is the same as in Kerala.
[385] [In Section 62
The following sub-section shall be
substituted, namely:-
" (1) When a
document is presented for registration under section 19, the translation
together with the true copy of the document shall be filed in the appropriate
book."]
KERALA:
[386] [For
sub-section (1) of section 62, substitute the following:--
"(1) When a
document is presented for registration under section 19, the translation
together with the true copy of the document shall be filed in the appropriate
book."]
[387] [In Section 62
The following sub-section shall be
substituted, namely:-
"(1) When a
document is presented for registration under section 19 the translation
together with the true copy of the document shall be filed in the appropriate
book."]
MAHARASHTRA
AND GUJARAT:
For modifications in sub-section (1) of
section 62, see sub-section (3) of section 70D in Part XIA inserted in the main
Act by the Indian Registration (Bombay Amendment) Act, 1930 (17 of 1930)
(w.e.f. 4-9-1930) and Act 11 of 1960, section 87 (w.e.f. 1-5-1960).
ORISSA:
[388] [For sub-section (1)
of section 62, substitute the following:--
"(1) When a
document is presented for registration under section 19, the translation
together with the true of the document shall be filed in the appropriate
book."]
PONDICHERRY:
[389] [In its application
to classes of documents specified in the Rules made under section
52(3), the section shall have effect subject to the following modification.
Sub-section (1) is the same
as in Kerala.
PUNJAB,
HARYANA AND CHANDIGARH:
[390] [For sub-section (1)
of section 62 substitute the following:--
"(1) When
a document is presented for registration under section 19, a copy of the
translation shall be pasted in the register of document of the nature of the
original, and the second copy of the translation, together with the copy
referred to in section 19, shall be filed in the registration office."]
[391] [In Section 62
The following shall
be substituted, namely :-
"(1) When a
document is presented for registration under Section 19, a copy of the / 90 Indian]
Registration (Punjab Amendment) Act, 1961, Section 6 translation shall be
pasted in the register of documents of the nature of the original, and the
second copy of the translation, together with the copy referred to in Section
19, shall be filed in the registration office.".]
RAJASTHAN:
[392] [Substitute section
62(1) as under:
"(1) When a
document is presented for registration under section 19, a copy of the
translation shall be pasted in the register of documents of the nature of the
original, and the second copy of the translation together with the copy
referred to in section 19, shall be filed in the registration office."
TRIPURA:
[393] [Substitute section
62(1) as under:
"When a document
is presented for registration under section 19, the true translation
together with the true copy referred to in that section shall be pasted in the
register of documents of the nature of the original and the second copy of
the translation shall be filed with registration office."
TAMIL NADU:
[394] [For sub-section
(1) of section 62, substitute the following:--
"(1) When a
document is presented for registration under section 19, the
translation together with the true of the document shall be filed in the
appropriate book."]
UTTAR PRADESH:
To section 62(1), an Explanation was
added by Uttar Pradesh Act 14 of 1971. The Explanation has now been omitted by
Uttar Pradesh Act 19 of 1981, section 12 (w.r.e.f. 1-8-1981).
[395] [In Section 62
After sub-section (1), the following
Explanation shall be inserted, namely:
"Explanation--Transcribing the
translation in the said register includes pasting of a copy of such translation
in that register."]
[396] [In
its application to the State of Uttar Pradesh, to sub-section (1) of
section 62,-
(a)
an
Explanation was added by Uttar Pradesh Act 14 of 1971.The Explanation has now
been omitted by Uttar Pradesh Act 19 of 1981, Section 12 (w.r.e.f. 01.08.1981).
(b)
for
Section 62, substitute the following section, namely.-
"62. Procedure on presenting
document in language unknown to registering officer.-
When a document is presented for
registration under section 19, the original document shall be dealt with in
accordance with the provisions of sections 52, 58, 59, 60 and 61 and the
translation shall also be scanned alongwith the original document and its
printout kept alongwith the printout of the original document, and if Book is
not in electronic form or the scanning is not possible on the same day, the
true copy of the translation shall be kept along with the true copy of
the document in accordance with sub-section (1) of section 61, and for the
purposes of making the copies and memoranda required by sections 57, 64, 65 and
66, it shall be treated as if it were the original.]
UTTARAKHAND
[397] [In Section 62
In place of section 62 of the Principal
Act, shall be substituted as follows; namely :-
"62. When a document is presented
for registration under section 19, the original document shall be dealt with in
accordance with the provisions of sections 52, 58, 59, 60 and 61 and the translation
shall also be scanned along with the original document and its printout kept
along with the printout of the original document, and if Book is not in
electronic form or the scanning is not possible on the same day, the true copy
of the translation shall be kept along with the true copy of the document
in accordance with sub-section (1) of section 61, and for the purposes of
making the copies and memoranda required by sections 57, 64, 65 and 66, it
shall be treated as if it were the original.".]
Section 63 - Power to administer oaths and record of substance of statements
(1)
Every
registering officer may, at his discretion, administer an oath to any person
examined by him under the provisions of this Act.
(2)
Every
such officer may also at his discretion record a note of the substance of the
statement made by each such person, and such statement shall be read over, or
(if made in a language with which such person is not acquainted) interpreted to
him in a language with which he is acquainted, and, if he admits the
correctness of such note, it shall be signed by the registering officer.
(3)
Every
such note so signed shall be admissible for the purpose of proving that the
statements therein recorded were made by the persons and under the
circumstances therein stated.
Section 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.
[STATE
AMENDMENTS
[Uttarakhand
[398] [In Section 64
In place of section 64 of the Principal
Act, shall be substituted as follows; namely :-
"64. Every sub-registrar, on
registering an non-testamentary document relating to immoveable property not
wholly situate in his own sub-district, shall make a memorandum thereof and of
the endorsements 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 Sub-Registrar shall take
similar action on this memorandum, as known (sic taken) on a document admitted
to registration under sub-section (1) of Section 61."]
Uttar Pradesh
[399] [In its application
to the State of Uttar Pradesh, in Section 64, for the words "sub-Register
shall file the memorandum in his Book No. 1", substitute
"sub-Register shall take similar action on this memorandum, as known (sic
taken) on a document admitted to registration under sub-section (1) of section
61".]
[Tamil Nadu
[400] [After Section 64
The following section shall be
inserted, namely:--
"64-A. Procedure where instrument
of Power of Attorney presented in office of Sub-Registrar relates to immovable
property not situate in sub-district.--
Every Sub-Registrar on registering an
instrument of Power of Attorney including instrument of revocation or
cancellation of such Power of Attorney relating to immovable property not
situate in his own sub-district, shall make a copy and send the same together
with a copy of the map or plan (if any) mentioned in section 21, to every other
Sub-Registrar in whose sub-district the whole or any part of such property is
situate and such Sub-Registrar shall file the same in his Book No. 1:
Provided that where such instrument
relates to immovable property in several districts, shall forward the same to
the Sub-Registrars concerned, under intimation to the Registrar of every
district in which any part of such property is situate.".]
Section 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 21, 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 in his Book No. 1.
[STATE
AMENDMENTS
Uttar pradesh
[401] [In its application
to the State of Uttar Pradesh, in Section 65, sub-Section (2),-
(a)
for
the words "file in his Book No. 1, the copy of the document and the copy
of the map or plan, if any", substitute " take a similar action on
such copy of the document and the copy of the map plan, if any, as taken on a
document admitted to registration under sub-section (1) of section 61";
(b)
for
the words "file it in his Book No.1", substitute "take a similar
action on it as taken by the Register under the sub-section".]
[Uttarakhand
[402] [In Section 65
In place of sub-section (2) of section
65 of the Principal Act, shall be substituted as follows; namely :-
"(2) The Registrar, on receiving
the same shall take a similar action on such copy of the document and the copy
of the map or plan, if any, as taken on a document admitted to registration
under sub-section (1) of section 61 and shall forward a memorandum of the
document to each of the sub-registrars subordinate to him, within those
sub-district any part of such property is situate and every sub-registrar,
receiving such memorandum, shall take a similar action on it as taken by the
Registrar under this section.".]
Section 66 - Procedure after registration of documents relating to land
(1)
On
registering any non-testamentary document relating to immovable properly, 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.
[STATE
AMENDMENTS
Uttar Pradesh
[403] [In its application
to the State of Uttar Pradesh, in Section 67,-
(a)
in
sub-Section (3), for the words "file it in his Book No. 1",
substitute "take a similar action on it as taken on a document admitted to
registration under sub-section (1) of section 61";
(b)
in
sub-Section (4), for the words "file it in his Book No.1", substitute
"take a similar action on it as taken on a copy received under sub-section
(3)"]
[Uttarakhand
[404] [In Section 66
In place of sub-section (3) and
sub-section (4) of section 66 of the Principal Act shall be substituted as
follows; namely:-
"(3) Such Registrar, on receiving
any such copy, shall take a similar action on it as taken on a document
admitted to registration under sub-section (1) of section 61 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 take a similar action on it as taken on
a copy received under sub-section (3)."]
Section 67 - [Omitted]
[405] [***]
[STATE AMENDMENTS
[406]Andhra Pradesh:
Section 67 shall stand omitted.
[407]Gujarat:
Section 67 shall be deleted.
[408]Haryana:
Section 67 be omitted.
[409]Rajasthan:
Section 67 be omitted.
[410]Uttar Pradesh:
Section 67 shall be omitted.
[Haryana
[411] [In Section 67
section 67, shall be Omitted.]
[412] [In Section 67
section 67, shall be Omitted.]
[Karnataka
[413] [In Section 67
section 67, shall be Omitted.]
[Puducherry
[414] [In Section 67
section 67, shall be Omitted.]]
Section 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.
STATE
AMENDMENTS
Sections
68A and 68B
[415] [Bihar:
After section 68 insert as under:
"68A. Prohibition of unlicensed
person.--
(1) No person who is not
licensed as provided under section 68B, shall engage himself in the profession
of document-writer and document drawn-up and signed by a person who does not
hold a licence shall not be accepted for registration by the registering
officers:
Provided that no advocate, pleader or
Mukhtar shall be required to have a licence under section 68B.
(2)
Nothing
in this section shall prohibit an executant of document to draw up a document
to be presented for registration or to do any other act for himself for which a
licensed document-writer could have been otherwise engaged.
(3)
Nothing
in this section shall apply to document executed out of India or out of the
State of Bihar or to a will or to document scribed by document-writer holding
licence for one sub-district or one district and presented
for registration in another sub-district or another district as the
case may be, or to documents executed by or on behalf of the Government or
local authorities or other corporate bodies.
68B. Grant of licence to
document-writers.--
(1)
The
Registrar of district or any other officer authorised by him in this behalf may
grant a licence, to be valid in one sub-district or one district in
the prescribed form to document-writer or apprentice to
document-writer on an application made in this behalf, on such term and
conditions as may be prescribed by the Inspector-General of Registration in
this behalf after conducting a written test as may be prescribed.
(2)
A
licence may be granted to any person who has been in the profession of the
document-writer for at least ten years prior to the date of the Registration
(Bihar Amendment) Ordinance, 1991 came into force, without requiring him to
appear in the written test referred to in sub-section (1), if the Registrar of
a district or any other officer authorised by him in this behalf is satisfied
that he is otherwise fit to take the profession of a document-writer.
(3)
A
licence granted under sub-sections (1) and (2) shall, remain valid till the
31st day of December of the year in which the same was issued and shall be
subject to renewal before the expiry of its period of validity on such terms
and conditions, as may be prescribed.
(4)
(a)
The licence granted under sub-sections (1) and (2) may at any time, be
suspended or cancelled on the breach of conditions prescribed or for such other
reason to be recorded in writing by the Registrar of district or the officer
authorised by him, after the document writer has been given sufficient
opportunity to show cause against the proposed suspension or cancellation of
the licence and after the same has been duly considered.
(b) An appeal shall lie before the
Inspector-General of Registration against any order passed under this section.
Explanation.--For the purpose of
sections 68A and 68B,--
(i) ???"Document-writer" means and
includes one who is engaged in the profession of preparing documents, namely,
doing the work of conveyancing, including investigation of titles, preparation
of draft deeds and engrossing and transcribing the deed, including copies, if
any, for registration, or marking searches and inspection under the Act, and
(ii)? ?"Apprentice" means one who assists a
document-writer in the preparation of document and transcribes them (including
copies, any) to be present for registration."
Section 69 - Power of Inspector-General to superintend registration offices and make rules
(1)
The
Inspector-General shall exercise a general superintendence over all the
registration offices in the territories under the [416] [State
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; [417] [***]
[418] [(aa) providing the
manner in which and the safeguards subject to which the books may be kept in
computer floppies or diskettes or in any other electronic form under
sub-section (1) of section 16A;]
(b)
declaring
what language 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;
[419] [(gg) regulating the
manner in which the instruments referred to in sub-section (2) of section 88
may be presented for registration;]
(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 [420] [State
Government] for approval, and, after they have been approved, they shall be
published in the [421] [Official
Gazette], and on publication shall have effect as if enacted in this Act.
[STATE
AMENDMENTS
ANDHRA
PRADESH:
[422] [In section 69, after
clause (b) of sub-section (1), insert the following clause (bb), namely:--
"(bb) providing for the grant of
licences to document writers, the revocation of such licences, the terms and
conditions subject to which and the authority by whom such licences shall be
granted, the exemption of any class of document writers from the licensing
provisions and the conditions subject to which such exemption shall be granted
and generally for all purposes connected with the writing of documents to be
presented for registration."]
BIHAR:
[423] [[424] [[425] [[426]
[In section 69,--
(i)?? ?to
clause (g) of sub-section (1) add the following words: "and the manner of
recopying such books or portions thereof".
(ii)?? ?after
clause (h) of sub-section (1) insert the following new clause: "(hh)
regulating the manner of recopying indexes on portions thereof."
(iii)? ?after
clause (b), insert the following new clause, namely:--
"(bb) providing for the grant of
licences to document-writers and apprentices to document-writer, the suspension
and cancellation of such licences, the terms and conditions under which such
licences may be granted and generally for all other purposes connected with the
writing of documents to be presented for registration."
(iv)? ?after
clause (hh) of sub-section (1), insert the following clause, namely,--
"(i)? ?(hh1)
regulating the number and manner in which the true duplicate typed or
handwritten copies of documents and translation of documents under section 19
shall be prepared and the books in which they shall be placed on record;
(ii) ??(hh2) regulating the form of declaration and
the manners of keeping the records under sub-section (2) of section 32A."]
[427] [In Section 69
After clause (b) of sub-section (1) the
following clause shall be inserted, namely:-
"(bb) providing for the grunt of
licences to document-writers the revocation of such licences, the terms and
conditions subject to which and the authority by whom such licences shall he
granted and generally for all purposes connected with the writing of documents
to be presented for registration."]
[428] [After Section 69
the following clauses shall be
inserted, namely:--
"(i) (hh-1)
regulating the number and manner in which the true duplicate typed, handwritten
copies of documents and translation of documents under section 19 shall be
prepared and the books in which they shall be placed on record,
(ii) (hh-2)
regulating the form of declaration and the manners of keeping the records
under, sub-section (2) of section 32A."]
DELHI:
[429] [Same as in Punjab.]
GUJARAT:
[430] [Same as
in Maharashtra.]
HIMACHAL PRADESH:
[431] [Same as in Bihar
(iii).
[432] [In section 69
The following clause shall be inserted,
namely:--
"(bb) providing for the grant of
licences to document writers, the revocation of such licences, the terms and
conditions subject to which, and the authority by whom such licences shall be
granted and generally for all purposes connected with the writing of the
documents to be presented for registration."]
KARNATAKA:
[433] [[434]
[In
section 69(1),--
(i) ????in clause (g) after the word and figures "section
51" insert the words "and the manner of recopying such books on
portions thereof",
(ii)?? after clause (i) insert us under--
"(ii) prescribing the manner in
which and the terms subject to which persons who write deeds outside the
precincts of a registration officer, or who frequent the precincts of
registration officers, for the purpose of writing documents may be granted
licence and prescribing the fees to be paid for such licences;"
In section (1) of section 69
after clause (j), the following shall be inserted, namely:--
"(k) providing
for the manner of return of documents under sub-section (2) of
section 61".
[435] [In Section 69
(i)?? ?in
clause (g), after the word and figures "section 51", the words "
and the manner of recopying such books or portions thereof" shall be
inserted;
(ii)?? ?after
clause (i), the following clause shall be inserted, namely:-
"(ii) prescribing the manner in
which and the terms subject to which persons who write deeds outside the
precincts of a registration officer, or who frequent the precincts of
registration offices, for the purpose of writing documents may be granted
licences and prescribing the fees to be paid for such licences;"]
[436] [In Section 69
The following shall be
inserted, namely:-
"(k) providing for
the manner of return of documents under sub-section (2) of section
61".]
KERALA:
[437] [In section 69 after
clause (b) of sub-section (1) insert the following clause:--
"(bb) providing for grant of
licences to document writers, the revocation of such licences, the terms and
conditions subject to which and the authority by whom such licence shall be
granted and generally for all purposes connected with the writing of documents
to be presented for registration."
Note.--Clause (bb) inserted in sub-section
(1) of section 69 by the Indian Registration (Travancore-Cochin Amendment) Act,
1952 (T.C. Act 25 of 1952) is omitted.]
[438] [In Section 69
The following clause shall be
inserted, namely:-
"(bb) providing for the grant of
licences to document writers, the revocation of such licences the terms and
conditions subject to which and the authority by whom such licences shall be
granted and generally for all purposes connected with the writing of
documents to be presented for registration."]
MADHYA
PRADESH:
[439] [MAHAKOSHAL.--In its
application to the Mahakoshal region of the State of Madhya Pradesh, in section
69 after clause (j) of sub-section (1) the following clause (k), shall be
inserted:
"(k) prescribing the manner in
which and the terms subject to which persons who write documents for
presentation to a registering officer may be granted licences and the fees to
be paid for such licences."
MAHARASHTRA:
[440] [[441] [[442]
[In section 69--
(i) ???to clause (g) of sub-section (1) add the
following, namely: "and the manner of recopying such books or portions
thereof."
(ii) ??after clause (gg) of sub-section (1) insert
the following clause:
"(ggg) regulating the procedure
for transmitting documents for being photographed and the serial numbering
binding and preservation of the photographic prints and negatives, the manner
of fixing the signature and seal of the Photo-Registrar at the end of a length
of film, and the procedure generally in the Government Photo-Registary."
(iii) ??after clause (h) of sub-section (1)
after the figures I and 'II' insert the figures "IA" and
"IIA" respectively.
VIDARBHA.--Note: As
all the above amendments extend to and are in force in the whole
State of Maharashtra including its Vidarbha region, clause (k) inserted in
sub-section (1) of section 69 by M.P. Act 8 of 1955 is, so far as it applied to
be Vidarbha region, repealed by Bombay Act 35 of 1958, section 3 (w.e.f.
24-4-1958).
MANIPUR:
[443] [In section 69, after
clause (b) insert as under:
"(bb) providing for the grant of
licences to document writers, the revocation of such licences, the terms and
conditions subject to which and the authority by whom such licences shall be
granted, and generally for all purposes connected with the writing of documents
to be presented for registration including the rates of fees to be charged by
the licensed deed writers for writing out deeds, petitions etc."
ORISSA:
[444] [In section 69(1),
after clause (b), insert as under:
"(bb) providing for the grant of
licences to document writers, the revocation of such licences, the terms and
conditions subject to which and the authority by whom such licences shall be
granted, the exemption of any class of document writers from the licensing
provisions and the conditions subject to which such exemption shall be granted
and generally for all purposes connected with the writing of documents to be
presented for registration."
PONDICHERRY:
[445] [In section 69(1),
after clause (b), insert as under:
"(bb) providing for the grant and
renewal of licences to document writers, the revocation of such licences, the
terms and conditions subject to which and the authority by which such licences
shall be granted or renewed or revoked, the penalties for breaches of
the terms and conditions of such licence, the scale of fees to be charged by
document writers, the exemption of any class of document writers from
the licensing provisions, the conditions subject to which such exemption may be
granted, and generally for all purposes connected with the writing of documents
to be presented for registration."
PUNJAB,
HARYANA AND CHANDIGARH:
[446] [In
sub-section (1) of section 69, after clause (b), insert the following
clause, namely:--
"(bb)
declaring what persons shall be permitted to act as document writers
in the offices of registering officers, regulating the issue of licences to
such persons, the conduct of business by them, the scale of fees to be charged
by them and determining the authority by whom breaches of such rules shall be
investigated and the penalties which may be imposed."]
[447] [In Section 69
The following clause shall be inserted,
namely:-
"(bb) declaring what persons shall
be permitted to act as document writers in the offices of registering officers,
relating the issue of licences to such persons, the conduct of business by
them, the scale of fees to be charged by them and determining the
authority by which breaches of such rules shall be investigated and the
penalties which may be imposed."]
RAJASTHAN:
[448] [Same as that of
Kerala above.
[449] [In its application
to the State of Rajasthan, in Section 69,-
(i)?? ?after
Cl. (b) of sub-Section (1), insert the following clause, namely,-
(bb) providing for grant of licences to
document-writers, the revocation of such licences, the terms and conditions
subject to which and authority by whom such licence shall be granted and
generally for all purposes connected with the writing of documents to be
presented for registration."
(ii) ??after clause (d) insert as under--
"(dd) providing for recovery of
deficit registration fee;
(ddd) providing for refund of
registration fee paid in excess;"
[450] [After
sub-section (2), following be added:--
"(3) The Inspector-General shall
have power to issue any order consistent with this Act which he considers
necessary in respect of any act or omission of any person subordinate to him or
in respect of rectification of any error regarding the book or the
office in which any document has been registered."
TRIPURA:
[451] [In section 69(1),
after clause (b) insert as under:
"(bb) providing for the
grant and renewal of licences to document writers, the revocation of licences
granted to such writers and generally for all purposes connected with the
writing of the documents and with the writing of the true copies of the documents
to be presented for registration."
UTTAR PRADESH:
[452] [[453]
[In its application to the State of Uttar Pradesh, in Section 69(1),-
(i) ????after clause (h), insert the following new
clauses, namely:--
"(hh) regulating
the manner in which translations to be delivered under section 19 shall be
prepared and in which they shall be declared to be faithful translations;
(hhh) providing for
the grant of licences to document writers, the suspension or revocation of such
licences, the terms and conditions subject to which and the authority by whom
such licences shall be granted, suspended or revoked, and generally for all
purposes connected with the drafting or writing by such document writers of
documents to be presented for registration;
(hhhh) regulating the
manner of recopying the books kept under section 51 and the Indexes;"
Clause (hh) as inserted by Uttar
Pradesh Act 14 of 1971, substituted by Uttar Pradesh Act 19 of 1981,
section 13 (w.r.e.f. 1-8-1981).
(ii) ???after clause (d) insert as
under--
"(dd) providing for refund of
registration fees paid in excess;
(ddd) providing for recovery of
deficiency in registration fees."]
[454] [In Section 69
After clause (h), the following clauses
shall be inserted, namely:
"(hh) regulating the manner in
which copies and translations to be delivered under sections 18-A and 19 shall
be prepared and in which they shall be declared to be true and faithful copies
or translations:
(hhh) providing for the grant of
licences to document writers, the suspension or revocation of such licences,
the terms and conditions subject to which and the authority by whom such
licences shall be granted, suspended or revoked, and generally for all purposes
connected with the drafting or writing by such document writers of documents to
be presented for registration;
(hhhh) regulating the manner of
recopying the books kept under section 51 and the Indexes."]
[455] [In
its application to the State of Uttar Pradesh, after 69, insert the
following section, namely,-
69-A.
Power of Inspector-General to prescribe standard formats.-
Notwithstanding anything contained in
any other provisions of this Act, the Inspector-General of Registration shall,
with the prior approval of the State Government, prepare and circulate standard
formats of various kinds of documents for the guidance of the general public,
which may be used with or without modifications.
Explanation.-Use of a standard format
prepared and circulated under this section shall not be a prelude to omit the
descriptions of the property required under section 21 and 22."]
UTTARAKHAND
[456] [In Section 69
(1) In section 69 of the
Principal Act, after clause (hh), the following clauses shall be inserted,
namely:-
"(hh-1) regulating the number and
manner in which printouts or true copies of documents and of translation shall
be prepared and the Books in which they shall be kept for record;
(hh-2) regulating the form of
declaration and the manner of comparison and verification of the true copies;-
(hh-3) regulating the manner in which
and safeguards subject to which the Books may be kept in electronic form."
(2) After section 69 of
the Principal Act, the following section shall be inserted, namely:-
"69-A
Notwithstanding anything contained in any other provisions of this
Act, the Inspector-General of Registration shall with the prior approval of the
State Government, prepare and circulate standard formats of various kinds of
documents for the guidance of the general public, which may be used with or
without modifications.
Explanation:- Use of a standard format
prepared and circulated under this section shall not be a prelude to omit the
descriptions of the property required under sections 21 and 22."]
MAHARASHTRA -
[457] [In section 69 of the
principal Act, in sub-section (1), after clause (j), the following clause shall
be added, namely:--
" (k) regulating the procedure for
presentation of document, appearance for admission, endorsements, manner of
fixing signature and seal, mode of payment of registration fees and other fees
and such other process, when the document is presented by electronic means.]
Section 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.
[STATE AMENDMENTS
[458] [Andhra Pradesh:
In
its application to the State of Andhra Pradesh, after Part XI, insert
the following Part XIA, namely,--
"PART IXA
REGISTRATION OF
DOCUMENTS BY MEANS OF ELECTRONIC DEVICES
70A.
Application of this part.--
This
part shall apply to the areas only in respect of which a notification is issued
by the Government of Andhra Pradesh under section 70B.
70B.
Documents scanned by electronic devices in areas notified by the Government.--
(1) The Government of
Andhra Pradesh may, by notification, in the Official Gazette, direct that in
any office as may be specified therein, the process of registration of any
category or categories of documents may be completed and copying done with the
help of the electronic devices like computers, scanners and the compact disks
on copies preserved on such devices and retrieved when required.
(2) Notwithstanding
anything in this Act or any other law for the time being in force, a copy of
any document registered and scanned using the electronic devices and certified
or attested by the registering officer in charge of the office shall also
be received in evidence of any transaction as is described in the said
document.
70C.
Saving.--Nothing in this Part shall apply,--
(i)???
?to any document which in the
opinion of registering officer is not in a condition fit to be processed by
means of electronic devices;
(ii)??
?in the case of unforeseen eventuality like break down of
the computerised system of registration:
Provided
that the registering officer shall record the reasons in writing therefore--
Provided
further that the registering officer shall ensure that the data and images of
the documents registered during the period of non-application of this Part, due
to a break down of the computerised system, are duly incorporated into the
computer system, after the same is restored, in the manner prescribed by the
Inspector General of Registration."
[459] [Gujarat:
Same
as that of Maharashtra.
TAMIL
NADU:
[460] [After PART-XI of the principal Act,
the following PART shall be inserted, namely:--
"PART
XI-A
REGISTRATION
OF DOCUMENTS BY MEANS OF ELECTRONIC DEVICES.
70-A.
Application of this Part
This
Part shall apply to the areas only in respect of which a
notification is issued by the State Government under sub-section (1) of section
70-B.
70-B.
Documents scanned by electronic devices in areas notified by the State
Government
(1) The State Government
may, by notification, in the Tamil Nadu Government Gazette, direct that in any
office as may be specified therein, the process of registration of any category
or categories of documents may be completed and copying done with the help of
the electronic devices like computers, scanners and compact disks and copies
preserved on such devices and retrieved when required.
(2) Notwithstanding
anything contained in this Act, or any other law for the time being in force, a
copy of any document registered and scanned using the electronic devices and
certified or attested by the Registering Officer in-charge of the office shall
also be received in evidence of any transaction as is described in the said
document.
70-C.
Saving
Nothing
in this Part shall apply,--
(i) ????to any document which in the opinion of
Registering Officer is not in a condition fit to be processed by means of
electronic devices;
(ii) ???in the case of unforeseen eventuality like
breakdown of the computerised system of registration:
Provided
that the Registering Officer shall record the reasons in writing therefor:
Provided
further that the Registering Officer shall ensure that the data and images of
the documents registered due to a breakdown of the computerised system, are
duly incorporated into the computer system, after the same is restored, in the
manner prescribed by the Inspector-General.]
[461] [Karnataka:
Following
part and sections be inserted:--
"PART IXA
PHOTOCOPYING OF
DOCUMENTS
70A.
Application of this Part.--
This
Part shall apply only to the areas in respect of which a notification is issued
by the State Government under section 70:
Provided
that nothing in this Part shall apply to the registration of any document
executed before its application to such area.
70B. Definition.--
In
this Part, "photocopy" means a copy prepared on such paper and by
means of such photocopying process or machine as may be prescribed by rules and
"photocopied" and "photocopying" shall be construed
accordingly.
70C.
Documents may be photocopied in the areas notified by the State
Government.--
(1) The State
Government may, by notification, direct that in any district or
sub-district specified in the notification, copies of documents admitted to
registration under this Act shall be made by photocopying.
(2)
On
the issue of such notification, it shall be passed in a
conspicuous place at the registration offices affected by the notification.
70D.
Application of Act to areas notified under section 70C.--
In
any district or sub-district in respect of which notification has been issued
under section 70C, the provisions of this Act shall, for the purpose of this
Part be subject to the following modifications, namely:--
(1) (a) Every document
admitted to registration under section 35 or section 41 shall be carefully
marked with an identification stamp and the serial number of the
document on every page;
(b)
The registering officer shall then cause, each side of each page of such
document together with all stamped endorsements, seals, signatures,
thumb-impressions and certificates appearing thereon to be photocopied without
substraction or alteration. He may for this purpose cut or untie without
breaking any seal, the thread or ribbon where the pages of the document are
sewn together in order to separate the pages of the documents, and as soon as
the document has been photocopied he shall rebind the document as before and if
he has cut the thread or ribbon shall seal it over the joint with his seal;
(c)
The registering officer shall then affix his signature and seal in token of the
exact correspondence of such photocopy to the original document, as admitted for
registration;
(d)
The registering officer shall cause a copy so prepared to be filed, in
accordance with the provisions of this Act and such rules as may be prescribed;
(e)
The true copy of the map or plan if any, mentioned in section 21 may also
be filed along with the photocopy of the document or filed separately, in such
manner as the Inspector General may direct.
(2) All the words and
expressions used in the Act with reference to the making of copies or documents
by hand or the entering or filing of documents or memorandum in books provided
under section 16, shall so far, as may be necessary, be construed as referring
to the making of such copies by means of photocopying or the entering or filing
of documents or memoranda in books made up of copies prepared by photocopying.
(3) Where this Part
applies, the sections mentioned below shall be deemed to be modified as
follows:--
(a) in section 19, the
words "and also by true copy" shall be omitted;
(b) in section 20,
sub-section (2) shall be omitted;
(c) in section 45,--
(i)???
?in sub-section (1), for the
words, letter and figure "cause the contents thereof to be copied into his
book No. 3", the words, letter and figure "cause a photocopy of the
contents thereof to be made and filed in his book No. 3" shall be
substituted;
(ii)??
?in sub-section (2), for the words
"copy has been made", the words "photocopy has been filed"
shall be substituted.
(d) in sub-section (2) of
section 46,--
(i) ????for the words "unless the will has
been already copied", the words "unless a photocopy of the will has
already been filed" shall be substituted;
(ii) ???for the words, letter and figure "cause
the will to be copied into his Book No. 3", the words, letter and figure
"cause a photocopy of the will to be made and filed in his Book No.
3" shall be substituted;
(e) in section 51,--
(i)???
?for sub-section (2), the
following sub-section shall be substituted, namely:--
"(2)
In Book No. 1 shall be filed--
(i) ???photocopies of all documents; and
(ii) ???all memoranda,
registered under sections 17, 18 and 89
which relate to immovable property and are not wills."
(ii) ???in sub-section (3), for the words
"entered all documents" the words "filed photocopies of all
documents" shall be substituted;
(f) in section 52, for
clause (c) of sub-section (1), the following clause shall be substituted,
namely:--
"(c) ?Subject to the provisions contained in section
62, every document admitted to registration shall, without unnecessary delay,
be photocopied and filed in the appropriate book according to the order of its
admission.";
(b)??
?in the marginal heading and in
section 53, for the word "entries" where it occur, the word
"photocopies" respectively shall be substituted;
(g) in section 54, for
the words "copied, or filed a memorandum of" the words "filed a
photocopy or a memorandum of" shall be substituted,
(h) in section 55,--
(i)???
?in sub-section (2), for the words
"document entered or memorandum filed", the words "document of
which a photocopy or memorandum is filed" shall be substituted;
(ii)??
?in sub-section (4), the words
"authority ?entered", the words
"authority of which a photocopy is filed" shall be substituted;
(iii)??
?in sub-section (5), for the words
"document entered", the words "documents of which a photocopy is
filed" shall be substituted;
(i) in section 60, in
sub-section (1), for the words "document has been copied", the words
"photocopy of the document has been filed" shall be substituted;
(j) in section 61,
sub-section (1) shall be omitted;
(k) in section 62, for
sub-section (1), the following shall be substituted, namely:--
"(1) When a document is presented
for registration under section 19, the translation together with the photocopy
of the document shall be filed in the appropriate book.";
(l) in section 81,--
(i) ???in the marginal heading, for the words
"copying, translating, or registering documents", the words
"copying, photocopying, translating, registering or filing photocopies of
documents" shall be substituted;
(ii)??
?for the words "copying,
translating or registering of any document", the words "copying,
photocopying, translating registers or files a copy of such document"
shall be substituted;
(iii) ??for the words "copies, translates or
registers such documents", the words "copies, photocopies,
translates, registers or files a copy of such document" shall be
substituted,
(m) after section 89
following section shall be inserted, namely:--
"89
A. Power to make rules for filing of photocopies of document.--
(1) The State Government
may make rules for all purposes connected with the preparation or filing of
photocopies of documents, in the appropriate books under this Act.
(2) In particular and
without prejudice to the generality of the foregoing powers, such rules may
provide for?
(a) the manner in which
photocopies of documents shall be prepared; and
(b) the manner of filing
of such copies.
(3) All rules made under
this section shall be published in the Official Gazette, and unless they are
expressed to come into force on a particular day, shall come into force on the
day on which they are so published.
(4) Every rule made under
this section shall be laid as soon as may be after it is made before each House
of the State Legislature while it is in session for a total period of thirty
days which may be comprised in one session or in two or more successive
sessions and if before the expiry of the session in which it is so laid or the
session immediately following both Houses agree in making any modification in
the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the
case may be; so however that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that
rule."
(5) Nothing in this Part
shall apply to any document which is prepared on a printed or lithographed form
or which in the opinion of the registering officer, is not in a fit condition
to be photocopied.
(6) Notwithstanding
anything contained in this Part, in the case of document containing a map, plan
or trade mark label, if the party presenting the document so desires,
the registering officer may accept three copies of such map, plan or trade
mark label and where such true copies are accepted, the map, plan or trade mark
label shall not be photocopied and such copies thereof shall be filed in the
appropriate file book."]
Karnataka:
[462] [After Part XI
The
following Part and section shall be inserted, namely:-
"PART
XIA
Photocopying
of Documents
70A.
Application of this part.-
This
part shall apply only to the areas in respect of which a notification is issued
by the State Government under section 70C:
Provided
that nothing in this Part shall apply to the registration of any document
executed before its application to such area.
70B.
Definition.-
In
this Part, "photocopy" means a copy prepared on such paper and by
means of such photocopying process or machine as may be prescribed by rules and
"photocopied" and "photocopying" shall be construd
accordingly.
70C.
Documents may be photocopied in the areas notified by the State Government.-
(1) The State Government
may, by notification, direct that in any district or sub-district specified in
the notification, copies of documents admitted to registration under this Act
shall be made by photocopying.
(2) On the issue of such
notification, it shall be pasted in a conspicuous place at the Registration
offices affected by the notification.
70D.
Application of Act to areas notified under section 70C.-
In
any district or sub-district in respect of which notification has been issued
under section 70C, the provisions of this Act shall, for the purpose of this
Part, be subject to the following modifications, namely:-
(1) (a) Every document
admitted to registration under section 35 or section 41 shall be carefully
marked with an identification stamp and the serial number of the document on
every page.
(b)
The Registering officer shall then cause, each side of each page of such
document together with all stamps, endorsements, seals, signatures,
thumb-impressions and certificates appearing thereon to be photocopied without
substraction or alteration. He may for this purpose cut or untie without
breaking any seal, the thread or ribbon where with the pages of the document
are sewn together, in order to separate the pages of the documents, and as soon
as the document has been photocopied, he shall rebind the document as before
and if he has cut the thread or ribbon, shall seal it over the joint with his
seal;
(c)
The Registering officer shall then affix his signature and seal in token of the
exact correspondence of such photocopy to the original document, as admitted
for registration;
(d)
The Registering officer shall cause a copy so prepared to be filed, in accordance
with the provisions of this Act and such rules as may be prescribed;
(e)
The true copy of the map or plan if any, mentioned in section 21 may also be
filed along with the photocopy of the document or filed separately, in such
manner as the Inspector General may direct.
(2) All the words and
expressions used in the Act with reference to the making of copies or documents
by hand or the entering or filing of documents or memorandum in books provided
under section 16, shall so far as may be necessary, be construed as referring
to the making of such copies by means of photocopying or the entering or filing
of documents or memoranda in books made up of copies prepared by photocopying.
(3) Where this Part
applies, the sections mentioned below shall be deemed to be modified as
follows:-
(a) in section 19, the
words "and also by true copy" shall be omitted;
(b) in section 20,
sub-section (2) shall be omitted;
(c) in section 45,-
(i) ???in sub-section (1), for the words, letter
and figures "cause the contents thereof to be copied into his Book No.
3", the words, letter and figure "cause a photocopy of the contents
thereof to be made and filed in his Book No. 3" shall be substituted;
(ii)??
?in sub-section (2), for the words
"copy has been made", the words "photocopy has been filed"
shall be substituted;
(d) in sub-section (2) of
section 46,-
(i) ????for the words "unless the will has
been already copied", the words "unless a photocopy of the will has
already been filed" shall be substituted;
(ii) ???for the words, letter and figure "cause
the will to be copied into his Book No. 3", the words, letter and figure
"cause a photocopy of the will to be made and filed in his Book No.
3" shall be substituted;
(e) in section 51,-
(i)??
?for sub-section (2), the
following sub-section shall be substituted, namely:-
"(2)
In Book No. 1 shall be filed,-
(i) ???photocopies of all documents; and
(ii) ???all memoranda, registered under sections 17,
18 and 89 which relate to immovable property and are not wills".
(ii)?
?in sub-section (3), for the words
"entered all documents" the words "filed photocopies of all
documents" shall be substituted;
(f) in section 52, for
clause (c) of sub-section (1), the following clause shall be substituted,
namely:-
"(c)
Subject to the provisions contained in section 62, every document admitted to
registration shall, without unnecessary delay, be photocopied and filed in the
appropriate book according to the order of its admission".;
(g) in the marginal
heading and in section 53, for the words "entries" where it occurs,
the words "photocopies" respectively shall be substituted;
(h) in section 54, for
the words "copied, or filed a memorandum of", the words "filed a
photocopy or a memorandum of" shall be substituted;
(i) in section 55,-
(i)???
?in sub-section (2), for the words
"document entered or memorandum filed", the words "document of
which a photocopy or memorandum is filed" shall be substituted;
(ii)??
?in sub-section (4), the words
"authority entered", the words "authority of which a photocopy
is filed" shall be substituted;
(iii)?
?in sub-section (5), for the words
"document entered", the words "documents of which a photocopy is
filed" shall be substituted;
(j) in section 60, in
sub-section (1), for the words "document has been copied", the words
"photocopy of the document has been filed" shall be substituted;
(k) in section 61,
sub-section (1) shall be omitted;
(l) in section 62, for
sub-section (1), the following shall be substituted, namely:-
"(1)
when a document is presented for registration under section 19, the translation
together with the photocopy of the document shall be filed in the appropriate
book",
(m) in section 81,-
(i) ????in the marginal heading, for the words
"copying, translating, or registering documents", the words
"copying, photocopying, translating, registering or filing photocopies of
documents " shall be substituted;
(ii) ???for the words "copying, translating, or
registering of any document", the words "copying, photocopying, translating,
registers or files a copy of such documents " shall be substituted;
(iii) ??for the words "copies, translates, or
registers such documents", the words "copies, photocopies,
translates, registers or files a copy of such document" shall be substituted;
(n) after section 89,
following section shall be inserted, namely:-
"89A.
Power to make rules for filing of photocopies of document.-
(1) The State Government
may make rules for all purposes connected with the preparation or filing of
photocopies of documents, in the appropriate books under this Act.
(2) In particular and
without prejudice to the generality of the foregoing power, such rules may
provide for,-
(a) the manner in which
photo copies of documents shall be prepared; and
(b) the manner of filing
of such copies.
(3) All rules made under
this section shall be published in the official Gazette, and unless they are
expressed to come into force on a particular day, shall come into force on the
day on which they are so published.
(4) Every rule made under
this section shall be laid as soon as may be after it is made before each House
of the State Legislature while it is in session for a total period of thirty
days which may be comprised in one session or in two or more successive
sessions and if before the expiry of the session in which it is so laid or
session immediately following both Houses agree in making any modification in
the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the
case may be; so however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that
rule".
(5) Nothing in this part
shall apply to any document which is prepared on a printed or lithographed form
or which in the opinion of the Registering Officer, is not in a fit condition
to be photocopied.
(6) Notwithstanding
anything contained in this part, in the case of document containing a map, plan
or trade mark label, if the party presenting the document so desires, the
registering officer may accept three copies of such map, plan or trade mark
label and where such true copies are accepted, the map, plan or trade mark
label shall not be photocopied and such copies thereof shall be filed in the
appropriate file book.]
Karnataka:
[463] [After Part XI
The
following Part and sections shall be substituted, namely:-
"PART
XIA
REGISTRATION
OF DOCUMENTS BY MEANS OF ELECTRONIC OR OTHER DEVICES
70A.
Application of this part.-
This
part shall apply only to the areas in respect of which a notification is issued
by the State Government under section 70C.
70B. Definition.-
In
this part, "Process of Registration of documents by means of electronic or
other devices" shall mean and include scanning and preservation of
documents with the help of computers, scanners, compact disks,
printers, microfilming and any other device used for the purpose of storage and
retrieval when required.
70C.
Process of registration of documents by means of electronic or other
device in the areas notified by the State Government.-
(1) The State Government
may by notification direct that to any District or Sub-District specified in
this behalf process of registration by means of electronic or other device
shall be applicable and the documents admitted for Registration under this Act
may be scanned or Micro-filmed and their images stored and preserved with the
help of electronic or any other device.
(2) On the issue of such
notification, it shall be pasted in a conspicuous place at each registration
offices affected by the notification.
70D.
Application of Act to areas notified under section 70C .-
In
any District or Sub-Districts in respect of which notification has
been issued under section 70C, the following provisions of the principal Act
shall, for the purpose of this part be subject to the following modifications,
namely:-
(a)
in
clause (2) of section 2, the words "and the information, storage devices
like floppy disk, hard disk or compact disk etc., Micro-film or any other
media-shall be inserted at the end;
(b)
in
section 16, for sub-section (1), the following shall be substituted, namely:-
"
(1) The State Government shall provide for the office of Registering Officer
the books and the information, or image processing and storage devices like
Micro-filming unit or Computer and scanners along with the software prescribed
by the Inspector General from time to time necessary for the purpose of this
Act.".
(c)
in
section 51, in sub-section (1), for the words " The following books"
the words, figures and brackets The following books and the information or
storage devices as specified in sub-section (1) of section 16" shall be
substituted.
(d)
in
clause (c) of sub-section (1) of section 52 after the words "book
appropriate there for" the word "or stored in the electronic or other
storage device" shall be inserted.
(e)
in
section 54, after the word "copied" the words "or stored in the
electronic or other storage device" shall be inserted.
(f)
in
sub-section (1) of section 60, after the word "copied" the words
" or where the document is stored in an electronic or other device the
certificate shall contain the word" Registered" with Document No,
Year, Book No and Date" shall be inserted.
(g)
in
section 61,-
(i)???
?in the heading after the word
"copied" the word "or stored in the electronic or other storage
device" shall be inserted.
(ii)??
?after sub-section (1), the
following shall be inserted, namely:-
"Provided
that, where the process of registration is done by using electronic or other
devices, such endorsements and certificate shall also be stored with it along
with the copy of the map or plan.
Provided
further that, the Registering Officer shall after the storage for preservation
of the document shall also endorse thereon on the original, the reference to
the serial No. of the file, pages and compact disk or any other storage device,
as the case may be, where such document is preserved.".
(h)
after
clause (k) of sub-section (1) of section 69, the following shall be inserted,
namely:-
"(I)
regulating the process of registration referred to in sub-section (1) of
section 70C by using electronic or other devices like Micro-filming unit,
computers, scanners, floppies, hard disks, compact disks and printers including
storage, retrieval and preservation and also the manner in which documents are
indexed and certified copies, encumbrance certificates issued.".
(i)
in
section 89, in sub-sections (1), (2), (3) and (4) the following shall be
inserted at the end, namely:-
"
or shall get the same scanned, stored and preserved on the electronic or other
device, as the case may be.".
70E. Evidentiary value
of copy of certain documents registered through the process of registration by
means of electronic or other devices or by other methods.-
Notwithstanding
anything contained in this Act or any other law for the time being in
force, a copy of any document registered through the process of registration by
means of electronic or other devices or by any other method and certified or
attested by the Registering Officer in charge of the office shall also be
received in evidence of any transaction as is described in the said document.
70F. Saving.-
Nothing
in this part shall apply,-
(1) to any document which
in the opinion of the Registering Officer is not in a condition fit to be
processed by means of electronic or other devices;
(2) in the case of
unforeseen eventuality like break-down of the electronic or other devices of
registration:
Provided
that the Registering Officer shall record in writing the reasons therefor.
Provided
further that the Registering Officer shall ensure that the data and images of
the documents registered during the period of non-application of this part due
to a break-down of electronic or other device are duly incorporated into the
system, after the same is re-stored in the manner specified in the rules by the
Inspector General of Registration.
70G.
Powers of the State Government under this Chapter.-
Where
for any reason, the State Government is satisfied that, the process of
Registration by means of electronic or other device is not possible in respect
of all documents in any office to which this chapter applies, may direct
by notification published in the official Gazette to copy such documents in the
books kept in the office and in accordance with the rules made for this
purpose."]
Karnataka:
[464] [After Part XI
The following
Part and sections shall be substituted, namely:-
?PART XIA
REGISTRATION
OF DOCUMENTS BY MEANS OF ELECTRONIC OR OTHER DEVICES
70A.
Application of this part.-
This
part shall apply only to the areas in respect of which a notification is issued
by the State Government under section 70C.
70B. Definition.-
In
this part, ?Process of Registration of documents by means of
electronic or other devices? shall mean and include scanning and preservation
of documents with the help of computers, scanners, compact disks, printers,
micro-filming and any other device used for the purpose of storage and
retrieval when required.
70C.
Process of registration of documents by means of electronic or other
device in the areas notified by the State Government.-
(1) The State Government
may by notification direct that to any District or Sub-District specified in
this behalf process of registration by means of electronic or other device
shall be applicable and the documents admitted for Registration under this Act
may be scanned or Micro-filmed and their images stored and preserved with the
help of electronic or any other device.
(2) On the issue of such
notification, it shall be pasted in a conspicuous place at each registration
offices affected by the notification.
70D.
Application of Act to areas notified under section 70C .-
In
any District or Sub-Districts in respect of which notification has been issued
under section 70C, the following provisions of the principal Act shall, for the
purpose of this part be subject to the following modifications, namely:-
(a) in clause (2) of
section 2, the words ?and the information, storage devices like floppy disk,
hard disk or compact disk etc., Micro-film or any other media? shall be
inserted at the end;
(b) in section 16, for
sub-section (1), the following shall be substituted, namely:-
?
(1) The State Government shall provide for the office of Registering Officer
the books and the information, or image processing and storage devices like
Micro-filming unit or Computer and scanners along with the software prescribed
by the Inspector General from time to time necessary for the purpose of this
Act.?.
(c) in section 51, in
sub-section (1), for the words ? The following books? the words, figures and
brackets ?The following books and the information or storage devices as
specified in sub-section (1) of section 16? shall be substituted.
(d) in clause (c) of
sub-section (1) of section 52 after the words ?book appropriate therefor? the
word ?or stored in the electronic or other storage device? shall be inserted.
(e) in section 54, after
the word ?copied? the words ?or stored in the electronic or other storage
device? shall be inserted.
(f) in sub-section (1) of
section 60, after the word ?copied? the words "or where the document is
stored in an electronic or other device the certificate shall contain the word
? Registered? with Document No, Year, Book No. and Date? shall be inserted.
(g)
in
section 61,-
(i)??
?in the heading after the word
?copied? the word ?or stored in the electronic or other storage device? shall
be inserted.
(ii) ???after sub-section (1) , the following shall
be inserted, namely:-
?Provided
that, where the process of registration is done by using electronic or other
devices, such endorsements and certificate shall also be stored with it along
with the copy of the map or plan:
Provided
further that, the Registering Officer shall after the storage for preservation
of the document shall also endorse thereon on the original, the reference to
the serial No. of the file, pages and compact disk or any other storage device,
as the case may be, where such document is preserved.?.
(h)
after
clause (k) of sub-section (1) of section 69, the following shall be inserted, namely:-
?(l)
regulating the process of registration referred to in sub-section (1) of
section 70C by using electronic or other devices like Micro-filming unit,
computers, scanners, floppies, hard disks, compact disks and printers
including storage, retrieval and preservation and also the manner in which
documents are indexed and certified copies, encumbrance certificates issued.?.
(i)
in section 89,
in sub-sections (1), (2), (3) and (4) the following shall be inserted at the
end, namely:-
?
or shall get the same scanned, stored and preserved on the electronic or other
device, as the case may be.?.
70E. Evidentiary value
of copy of certain documents registered through the process of registration by
means of electronic or other devices or by other methods.-
Notwithstanding
anything contained in this Act or any other law for the time being in force, a
copy of any document registered through the process of registration by means of
electronic or other devices or by any other method and certified or attested by
the Registering Officer in charge of the office shall also be received in
evidence of any transaction as is described in the said document.
70F. Saving.-
Nothing
in this part shall apply,-
(1) to any document which
in the opinion of the Registering Officer is not in a condition fit to be
processed by means of electronic or other devices;
(2) in the case of
unforeseen eventuality like break-down of the electronic or other devices of
registration:
Provided
that the Registering Officer shall record in writing the reasons therefor:
Provided
further that the Registering Officer shall ensure that the data and images of
the documents registered during the period of non-application of this part due
to a break-down of electronic or other device are duly incorporated into the
system, after the same is re-stored in the manner specified in the rules by the
Inspector General of Registration.
70G.
Powers of the State Government under this Chapter.-
Where
for any reason, the State Government is satisfied that, the process of Registration
by means of electronic or other device is not possible in respect of all
documents in any office to which this chapter applies, may direct by
notification published in the official Gazette to copy such documents in the
books kept in the office and in accordance with the rules made for this
purpose.?.]]]
[465] [Maharashtra:
After
Part XI of the main Act insert the following Part XIA, namely:--
"PART XIA
OF
THE COPYING OF DOCUMENTS BY MEANS OF PHOTOGRAPHY
70A.
Application of this Part.--
This
Part shall apply to the areas only in respect of which a notification is issued
by the Provincial Government under section 70C.
70B.
Definitions.--In this Part--
(1) "Government
Photo Registry" means the office where documents are photographed under
the provisions of this Part.
(2) "Manager,
Government Photo Registry" means the person in charge of the Government
Photo Registry.
(3) "Photo
Registrar" means any person appointed by the Provincial Government to
perform the duties of Photo Registrar under this Part.
70C.
Documents may be photographed in areas notified by State Government.--
(1) The State Government
may, by notification in the Official Gazette, direct that in any district or
sub-district specified in the notification copies of documents admitted to
registration under this Act shall be made by means of photography.
(2) On the issue of such
notification it shall be translated into the vernacular of the district and
shall be posted in a conspicuous place at the registration offices affected by the notification.
70D.
Application of Act to areas notified under section 70C.--
In
any district or sub-district in respect of which a notification has been issued
under section 70C the provisions of this Act shall, for the purposes of this
Part, be subject to the following modifications, namely:--
(1) (a)
Every document admitted to registration under section 35 or section
41 shall be carefully marked with an identification stamp and the serial number
of the document on every page.
(b)
It shall then be transmitted by the registering officer to the Manager,
Government Photo Registry who shall cause, each side of each page of such
document together with all stamps, endorsements, seals, signatures,
thumb-impressions land certificates appearing thereon to be photographed
without substraction or alteration. He may for this purpose cut or untie,
without breaking any seals, the thread or ribbon where with the pages of the
document are sewn together in order to separate the pages of the document and
as soon as the document has been photographed he shall rebind the
document as before and if he has cut the thread or ribbon shall seal it over
the joint with his seal:
Provided
that before transmission of the document to the Manager, Government Photo
Registry the party presenting the document may require the registering officer
to have it copied by hand under section 52 on payment of an additional copying
fee.
(c)
There shall then be prepared and preserved the negative and at least
one photographic print and to each such negative and print the Photo Registrar
shall fix his signature and seal in token of the exact correspondence of the
copy of the original document, as admitted for registration:
Provided
that when more than one such negative is recorded on one length of film and the
Photo Registrar has affixed his signature and seal at the end of such length of
film certifying in the manner prescribed by rules made in this behalf the exact
correspondence of all copies on such length of film with the original
documents, the Photo Registrar shall be deemed to have affixed his signature
and seal to each such negative on such length of film:
Provided further that in
case of documents containing plans or maps the negatives of such plans and maps
may be prepared on paper instead of on films and where the negatives are so
prepared, the Photo Registrar shall fix his signature and seal separately to
each such negative and print of such plan or map in token of the exact
correspondence of the copy to the original map or plan contained in the document
as admitted for registration.
(d)
One set of such prints arranged in the order of their serial numbers shall
be made up into books and sewn or bound together. To each such book the
Registrar or Sub-Registrar shall prefix a certificate of the serial numbers it
contains, and the books shall then be preserved in the records of the
Sub-Registrar. The negatives shall be preserved in such suitable place as the
Inspector-General may prescribe:
Provided
that prints of plants or maps contained in documents may either be bound with
the prints of such documents or filed separately in such manner as the
Inspector-General may direct.
(2) All words and
expressions used in the Act with reference to the making of copies of documents
by hand or the entering or filing of documents or memorandum in book provided
under section 16 shall, so far as may be necessary, be construed as referring
to the making of such copies by means of photography or the entering or filing
of documents or memoranda in books made up of copies prepared by means of
photography.
(3) Where this Part
applies the sections mentioned below shall be deemed to be modified as follows:
(a) in section 19 the
words "and also by a true copy" shall be omitted;
(aa) sub-section (2) of section 20
shall be omitted;
(b) sub-section (4) of
section 21 shall be omitted;
(c) the words
"according to the order of its admission" occurring in clause (c) of
sub-section (1) of section 52 shall be omitted;
(d) section 53 shall be
omitted;
(e) in sub-section (1) of
section 60 the words "and page" shall be omitted;
(f) sub-section (1) of
section 61 shall be omitted;
(g) in sub-section (1) of
section 62,--
(i) ????for the words "transcribed" the
word 'copied' shall be substituted; and
(ii)??
?for the Words and figures
"copy referred to in section 19", the words "photograph of the
original" shall be substituted.
70F. Savings.--
(1) Nothing in this Part
shall apply to any document which is prepared on a printed or lithographed form
or which in the opinion of the registering officer is not in a fit condition to
be photographed.
(2) Notwithstanding
anything contained in this Part, in the case of any document containing a map,
plan or trade mark label, if the party presenting the document so desires, the
registering officer may accept true copies of such map, plan or trade mark
label and where such true copies are accepted, the map, plan or trade mark
label shall not be photographed and such copies thereof shall be filed in
the appropriate book."]
[Puducherry
[466] [In Part XI
The
following Part-XI-A shall be inserted, namely:-
"PART--XI-A
Registration of
documents by means of electronic devices
70.A.
Application of this part.--
This
part shall apply to the areas in respect of which a notification is issued by
the Government of Puducherry under section 70-B.
70-B.
Documents scanned by electronic devices in areas notified by the
Government.-
(1) The State Government
may, by notification, in the official gazette, direct that in any office as may
be specified therein, the process of registration of any category or categories
of documents may be completed and copying done with the help of the electronic
devices like computers, scanners and the compact disks and copies preserved on
such devices and retrieved when required.
(2) Notwithstanding
anything contained in this Act or any other law for the time being in force, a
copy of any document registered and scanned using the electronic devices and
certified or attested by the registering officer in charge of the office shall
also be received in evidence of any transaction as is described in the said
document.
70-C.
Saving.-Nothing in this part shall apply,--
(i) ???to any document which in the opinion of
registering officer is not in a condition fit to be processed by means of
electronic devices;
(ii)?
?in the case of unforeseen
eventuality like breakdown of the computerised system of registration:
Provided
that the registering officer shall record the reasons in writing therefor:
Provided
further that the registering officer shall ensure that the data and images of
the document registered during the period of non-application of this part due
to a breakdown of the computerised system, are duly incorporated into the
computer system, after the same is restored, in the manner prescribed by the
Inspector-General of Registration.]
Section 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 executing 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.
STATE
AMENDMENTS
KERALA
[467] [In Section 71
The
following sub-section shall be inserted, namely:--
"(3)
No registering officer shall accept for registration any document involving
transfer of property including contract for sale of immovable property
belonging to or vested in the Government of Kerala or public sector
undertakings operating in the State or local self government institutions
unless it is accompanied by a no objection certificate issued by an officer
authorised by the State Government in this behalf.".]]]
Section 72 - Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than denial of execution
(1) Except where the
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 shall, 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.
Section 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.
Section 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.
Section 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 witness, 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 (5 of 1908).
Section 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.
Section 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 a decree
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 documents
shall be receivable in evidence in such suit.
Section 78 - Fees to be fixed by State Government
[468] [***] The [469] [State 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
commissions;
(f) for filing
translations;
(g) for attending at private
residences;
(h) for the safe custody
and return of document; and
(i) for such other
matters as appear to the Government necessary to effect the purposes of this
Act.
[STATE
AMENDMENTS
[470] [Kerala:
Renumber
section 78 as sub-section (1) thereof and after it insert the following as
sub-section (2), namely:--
"(2)
The State Government may, if in their opinion it is necessary in the public
interest so to do, by order published in the Official Gazette, remit the fees
payable in respect of any of the matters enumerated in clauses (a) to (i) of
sub-section (1) either generally or for any particular class or classes of
cases and in respect of persons generally or of any particular class or classes
of persons."]
[471] [In Section 78
The
following sub-section shall be inserted, namely:-
"(2)
The State Government may, if in their opinion it is necessary in the public
interest so to do, by order published in the Official Gazette, remit the fees
payable in respect of any of the matters enumerated in clauses (a) to (i) of
sub-section (1), either generally or for any particular class or classes of
cases and in respect of persons generally or of any particular class or classes
of persons."]
[472] [Pondicherry:
Section
78 be renumbered as sub-section (1), insert sub-section (2) as under--
"(2)
The State Government, if it is of opinion that there are reasonable grounds for
doing so, may, by order published in the Official Gazette, remit in the whole
or any part of the Union territory of Pondicherry, any fee or fees payable in
respect of any matter or matters enumerated in clauses (a) to (i) of
sub-section (1), either generally or for any particular class or classes of
cases and in respect of persons generally or of any particular class or classes
of persons."
[473] [Rajasthan:
Section
78 be renumbered as sub-section (1), insert sub-section (2), as under--
"(2)
The State Government may, if in its opinion it is necessary in the public
interest so to do, by order published in the Official Gazette, remit or reduce
the fees payable in respect of any of the matters enumerated in clauses (a) to
(i) of subsection (1), either generally or for any particular class or classes
of cases and in respect of persons generally or of any particular class or
classes of persons."
[474] [West Bengal:
Renumber
section 78 as sub-section (1) thereof and after it, insert the following
subsection, namely:--
"(2)
The State Government, if it is of opinion that there are reasonable grounds for
doing so, may, by order published in the Official Gazette, remit in the whole
or any part of West Bengal any fee or fees in respect of any matter or matters
enumerated in clauses (a) to (i) of sub-section (1), either generally or for
any particular class or classes of cases and in respect of persons generally or
of any particular class or classes of persons."
[475] [In Section 78
The
Principal Act, shall be renumbered as sub-section (1) of section 78 and
to the said section as so renumbered, the following sub-section shall be added,
namely:?
"(2)
The State Government, if it is of opinion that there are reasonable grounds for
doing so, may, by order published in the Official Gazette, remit in the whole
or any part of West Bengal any fee or fees in respect of any matter or matters
enumerated in clauses (a) to (i) of sub- section (1), either generally or for
any particular class or classes of cases and in respect of persons generally or
of any particular class or classes of persons.".]
Section
78A
[476] [Goa:
After
section 78, insert as under--
"78A.
Power to reduce or remit fees.--If the Government of Goa, Daman and Diu is
satisfied that it is necessary in the public interest so to do, it may, by
notification in the Official Gazette, reduce or remit, whether prospectively or
retrospectively, in the whole or any part of the territory, any fee or fees
payable in respect of any of the matters enumerated in clauses (a) to (i) of
section 78, either generally or for any particular class or classes of cases
and in respect of persons generally or any particular class or classes of
persons."
[477] [Tamil Nadu:
In
its application to the State of Tamil Nadu, after section 78, added the
following new section, namely,--
"78A.Power
to reduce or remit fees.--The State Government may, if in their opinion it is
necessary in the public interest so to do, by order published in the Tamil Nadu
Government Gazette, reduce or remit, whether prospectively or retrospectively,
the fees payable in respect of any of the matters enumerated in clauses (a) to
(i) of section 78, either generally or for any particular class of cases and in
respect of any person or class of persons."
[478] [Uttar Pradesh:
After
section 78, insert as under--
"78A.
Power to reduce or, remit fees.--The State Government may by rule or order
published in the official Gazette, reduce or remit, whether prospectively or
retrospectively, in the whole or any part of the territories under its
administration, the fees chargeable in respect of any instrument or class of
instruments, or in respect of any class of instruments when executed by or in
favour of the State Government or any person or class of persons."
[479] [In its application to the State of
Uttar Pradesh, after Section 78-A, insert the following new section, namely,-
"78-B.
Payment of registration fees in the form of adhesive labels and allowance
thereof.-
(1) The fee for the
registration of a document may be charged in the form of adhesive labels for
which the Inspector-General of Registration may, with the prior approval of the
State Government, make rules to regulate supply and sale thereof, the persons
by whom alone such sale is to be conducted and the duties and remuneration of
and the fees chargeable from such persons.
(2) The District Register
may, on an application of a person, make allowance for the spoiled, misused or
unused adhesive labels purchased for the registration of a document in
accordance with the rules made by the Inspector-General of Registration with
the prior approval of the State Government".]
[480] [Orissa:
After
Section 78 of the principal Act, the following section shall be inserted,
namely :
"78-A.
Power to remit fees.--
The
State Government, if it is of the opinion that any instrument which involves
donation of property for public charitable purpose, or involves exchange of
land on the initiative of the State Government in the public interest, may, by
order published in the Gazette, remit the fees payable in respect of any such
instrument.]
[Assam
[481] [After Section 78
the
following new section 78A shall be inserted, namely:-
78A.
"Power to reduce or remit fees.
The
State Government may, if in its opinion it is necessary in the public interest
so to do, by order published in the Official Gazette, reduce or remit the fees
payable in respect of any of the matters enumerated in clauses (a) to (i) of
section 78, either generally or for any particular class of cases and in
respect of persons generally or of any particular class or classes of persons,
or in respect of any particular class or classes of instruments."]
[Uttarakhand
[482] [After Section 78
The
following section shall be inserted; namely:-
"78-B
(1) The fee for the registration of a document may be charged in the form of
adhesive labels for which the Inspector-General of Registration may, with the
prior approval of the State Government, make rules to regulate supply and sale
thereof, the persons by whom alone such sale is to be conducted and the duties
and remuneration of and the fees chargeable from such persons.
(2)?
?The District Registrar may, on an
application of a person, make allowance for the spoiled, misused or unused
adhesive labels purchased for the registration of a document is accordance with
the rules made by the Inspector-General of Registration with the prior approval
of the State Government."]]]
Section 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.
Section 80 - Fees payable on presentation
All
fees for the registration of documents under this Act shall be payable on the
presentation of such documents.
[STATE
AMENDMENTS
ANDHRA PRADESH:
[483] [After section 80 of the principal Act,
the following section shall be inserted, namely:--
"80A.
Recovery of deficit registration fees.--
(1)
Notwithstanding
anything contained in section 80, if after the registration of document, it is
found that the fee payable under this Act in relation to that document has not
been paid or has been insufficiently paid, such fee or the deficit in the fee
paid, as the case may be, may, on a certificate of the registering officer be
recovered from the person who represented such document for registration under
section 32, as an arrear of a land revenue:
Provided
that no such certificate shall be granted unless due inquiry is made and such
person is given an opportunity of being heard:
Provided
further that no such enquiry shall be commenced after the expiry of such
period, after the date of the registration of the document, as may be
prescribed.
(2) The certificate of
the registering officer under sub-section (1) shall, subject to appeal under
sub-section (3), be final and shall not be called in question in any Court or
before any authority.
(3) Any person aggrieved
by a certificate of the registering officer under sub-section (1) may appeal to
the Registrar if it is a certificate of the Sub-Registrar, or to the
Inspector-General of Registration if it is a certificate of the Registrar. All
such appeals shall be preferred within such time and shall be heard and
disposed of in such manner, as may be prescribed.
(4) The Government or the
Inspector-General of Registration and Stamps may write off the irrecoverable
arrears of deficit registration fee subject to such conditions as may be
prescribed."
GUJARAT:
[484] [After section 80, insert as under:
"80A.
Recovery of deficit amount or registration fee as arrear of land revenue and
provision for refund.--
(1)
If,
on inspection or otherwise, it is found that the fee payable under this Act in
relation to any document which is registered has not been paid or has been
insufficiently paid, such fee may (after failure to pay the same on demand
within the period specified therein), on a certificate of the Inspector General
of Registration, be recovered from the person who presented such document for
registration under section 32 as an arrear of land revenue. The certificate of
the Inspector General of Registration shall be final and shall not be called in
question in any court or before any authority:
Provided
that no such certificate shall be granted unless due inquiry is made and such
person is given an opportunity of being heard.
(2)
Where
the Inspector General of Registration finds that the amount of fee in excess of
that which is legally chargeable, has been charged and paid under the
provisions of this Act, he may upon an application in writing or
otherwise refund the excess."
HARYANA:
[485] [After section 80, insert as under:
"80A.
Deficit amounts of fees payable and their recovery.--
(1) If the value of the
property or the considerations, as the case may be, has been increased under
section 47A of the Indian Stamp Act, 1899, the consequential increase in the
fee for the registration of documents under this Act, shall be paid by the
person liable to pay the same within a period of thirty days from the date the
order of determination of the value of the property or the consideration, as
the case may be, is communicated to him.
(2) The fee payable under
sub-section (1) may be recovered as an arrear of land revenue."
[486] [After Section 80
The
following new section shall be inserted, namely:-
"80-A.
Deficient amounts of fees payable and their recovery.--
(1) If the value of the
property or the consideration, as the case may be, has been increased under
Section 47-A of the Indian Stamp Act, 1889, the consequential increase in the
fee for the registration of documents under this Act, shall be paid by the
person liable to pay the same within a period of thirty days from the date the
order of determination of the value of the property or the consideration, as
the case may be, is communicated to him.
(2) The fee payable under
sub-section (1) may be recovered as an arrear of land revenue."]
HIMACHAL PRADESH:
[487] [After section 80, insert as under:
"80A.
Recovery of registration fees as arrears of land revenue and provision for
refund.--
(1) If on inspection, or
otherwise, it is found that the fee payable under this Act in relation to any
document which is registered has not been paid or has been insufficiently paid,
such fee may, after failure to pay the same on demand within a specified
period, on a certificate of the registering authority concerned, be recovered
from the person who presented such document for registration under section 32
as an arrear of land revenue.
(2) Where the Registrar
finds the amount of fee in excess of that which is legally chargeable has been
charged and paid under the provisions of this Act, he may, upon an application
in writing or otherwise, refund the excess."
KARNATAKA:
[488] [After section 80, insert as under:
"80A.
Recovery of registration fee not levied or short levied, etc.--
(1)
If
on inspection or otherwise, it is found that the fee payable under this Act in
relation to any document which is registered has not been paid or has been
insufficiently paid, such fee may, on a certificate of the Inspector-General of
Registration, be recovered from the person who presented such document for
registration, as an arrear of land revenue. The certificate of the
Inspector-General shall be final and shall not be called in question in any
court or before any authority:
Provided
that no such certificate shall be granted without giving such person,--
(i)??
?an opportunity of being heard;
and
(ii)?
?an opportunity to pay the amount
of fee found due from him.
(2)
If
on inspection or otherwise the Inspector-General of Registration finds that the
amount of fees charged and paid under the provisions of this Act is in excess
of that which is legally chargeable, he may, upon an application in writing or
otherwise, refund the excess fee so charged and paid.
(3)
Nothing
in sub-sections (1) and (2) shall apply to instruments executed prior to first
day of April, 1972."
[489] [After Section 80A
The following
section shall be inserted, namely:-
"80A.
Deficient amount of fees payable and their recovery.-
(1) If the value of the
property has been increased under section 45A of the Karnataka Stamp Act, 1957
(Karnataka Act 34 of 1957), consequential increase in the fee for the
registration of documents under this Act shall be paid by the person liable to
pay the same within a period of thirty days from the date, the order
determining the market value of the property is communicated to him.
(2) The fee payable under
sub-section (1) may be recovered as an arrear of land revenue".]
[490] [After Part XIII
The
following Part shall be inserted, namely:-
"PART
XIII-A
OF
DEED WRITERS
80B.
Deed Writers to hold licences.-
No
person other than an advocate or other legal practitioner, shall for payment,
write deeds unless he holds a licence granted in accordance with rules made
under section 69".]
[491] [After Section 80
The
following section shall be and shall be deemed to have been inserted with effect
from the first day of April, 1972, namely:-
"80A.- Recovery of
registration fee not levied or short levied etc.-
(1)
If
on inspection or otherwise, it is found that the fee payable under this Act in
relation to any document which is registered has not been paid or has been
insufficiently paid, such fee may, on a certificate of the Inspector-General of
Registration, be recovered from the person who presented such document for
registration, as an arrear of land revenue. The certificate of the
Inspector-General shall be final and shall not be called in question in any
court or before any authority:
Provided
that no such certificate shall be granted without giving such person,-
(i)??
?an opportunity of being heard;
and
(ii)?
?an opportunity to pay the amount
of fee found due from him.
(2)
If
on inspection or otherwise the Inspector-General of Registration finds that the
amount of fees charged and paid under the provisions of this Act is in excess
of that which is legally chargeable, he may, upon an application in writing or
otherwise, refund the excess fee so charged and paid.
(3)
Nothing
in sub-sections (1) and (2) shall apply to instruments executed prior to first
day of April 1972".]
MADHYA PRADESH:
[492] [After section 80 the following section
shall be inserted, namely:--
"80A.
Recovery of deficient registration fees as arrears of land revenue.--If on
inspection or otherwise, it is found that the fees payable under this Act in
relation to any document which is registered has been insufficiently paid, the
deficient amount of fee shall after failure to pay the same on demand within
the prescribed period, be recoverable from the person who presented such
document, as arrears of land revenue."
MAHARASHTRA:
[493] [After section 80, insert the
following, namely:--
"80A.
Recovery of fees and provision for refund.--
(1)
If
on inspection or otherwise, it is found that any fee payable under this Act has
not been paid or has been paid insufficiently, such fee may (after failure to
pay the same on demand within the period specified therein), on a
certificate of the Inspector-General of Registration, be recovered as an arrear
of land revenue from the person from whom such demand is made. The certificate
of the Inspector-General shall be final and shall not be called in question in
any court or before any authority:
Provided
that no such certificate shall be granted unless due inquiry is made and such
person is given an opportunity of being heard.
(2)
Where
the Inspector-General of Registration finds the amount of fee in excess of that
which is legally chargeable has been charged and paid under the provisions of
this Act, he may, upon an application in writing or otherwise,
refund the excess."
ORISSA:
[494] [After section 80, insert as
under:
"80A.
Recovery of deficient registration fees as arrears of land
revenue.--If on inspection or otherwise, it is found that the fee payable under
this Act in relation to any document which is registered has been
insufficiently paid, the deficient fee shall, after failure to pay the same on
demand within the prescribed period, be recoverable from the person who
presented such document as arrears of land revenue."
[495] [After section 80 of
the Registration Act, 1908 (Central Act 16 of 1908), the following
section shall be inserted, namely:--
80A.
Recovery of registration fees in certain cases.--
If
on inspection or otherwise it is found that the fee payable under this Act in
relation to any document which is registered has not been paid or has been
insufficiently paid or that the fee paid has subsequently been found to be
insufficient due to the fact that the value of the property or the
consideration, as the case may be, has not been truly set forth in the
document, such fee or the difference between the fee paid and the fee due, as
the case may be, may on a certificate by the Inspector General of Registration
or an officer authorised by him in that behalf, be recovered from the person
who presented such document for registration under section 32, as an arrear of
public revenue due on land under the provisions of the Revenue Recovery Act for
the time being in force:
Provided
that no such certificate shall be granted unless enquiry in the prescribed
manner has been held and such person has been given a reasonable opportunity of
being heard:
Provided
further that no such certificate shall be granted after the expiry of a period
of three years from the date of presentation of the document under section 32.]
PUNJAB:
[496] [After section 80, insert as under:
"80A.
Duty of Collector in proceedings under section 47A of the Indian Stamp Act,
1899.--
(1)
If
during any proceedings under section 47A 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
the deficient 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 47A 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 47A of the Indian Stamp Act, 1899.
(3) Any amount
recoverable under this section, may be recovered as arrears of land revenue.
80B.
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 of Registration or of the Registrar of a district, be recovered
as arrear of land revenue from the person who presented such a document for
registration in terms of the provisions of section 32:
Provided
that,--
(i) ???no demand of fee as aforesaid shall be made
after the expiry 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.
(2)
The
certificate issued under sub-section (1), shall be final and
shall not be called into question in any court or before any authority.
80C.
Refund of excess fee.--
Where
the Inspector General of Registration finds that the amount of fee charged and
paid is in excess to that which is legally chargeable and payable under this
Act, he may, upon an application in writing or otherwise, refund the
excess amount of fee so charged and paid."
RAJASTHAN:
[497] [After section 80, insert as under:
"80A.
Duty of Collector in proceedings under sections 47A and 47C of the Indian Stamp
Act, 1899.--
(1)
Where
during the course of proceedings, if any, under section 47A or section 47C of
the Indian Stamp Act, 1899, the Collector is satisfied that the fee for
registration paid under this Act in respect of a document or instrument is in
deficit, he shall determine, in the course of such proceedings, the deficient
amount of fee and recover the same from the person liable to pay the deficient
amount of stamp duty under the said section.
(2)
The
amount recoverable under this section shall be recovered as arrears of land
revenue.
80B.
Recovery of deficient registration fee as arrears
of land revenue.--
If
on inspection or otherwise, it is found that the fee payable under this
Act in relation to any document which is registered has not been paid or has
been insufficiently paid, such fee may (after failure to pay the same on demand
within the prescribed period) on a certificate of Inspector-General of
Registration or any other officer appointed under section 8, be recovered from
the person liable to pay the stamp duty as arrears of land revenue. Such
certificate shall be final and shall not be called in question in any court or
before any authority:
Provided
that no such certificate shall be granted unless due enquiry is made and such
person has been given an opportunity of being heard."
TAMIL NADU:
[498] [After section 80, insert as under:
"80A.
Recovery of deficit registration fee.--
(1)
Notwithstanding
anything contained in section 80, if, after the registration of a document, it
is found that the fee payable under this Act in relation to that document has
not been paid or has been insufficiently paid, such fee or the deficit, as the
case may be, may, on the certificate of the registering officer, be recovered
from the person who presented such document for registration under section 32,
as an arrear of land revenue:
Provided
that no such certificate shall be granted unless due inquiry is made and such
person is given an opportunity of being heard:
Provided
further that no such inquiry shall be commenced after the expiry of such
period, after the date of registration of the document, as may be prescribed.
(2)
The
certificate of the registering officer under sub-section (1) shall, subject
only to appeal under sub-section (3), be final and shall not be called in
question in any court or before any authority.
(3)
Any
person aggrieved by a certificate of the registering officer under subsection
(1), may appeal to the Registrar if it is a certificate of the sub-Registrar or
to the Inspector-General of Registration if it is a certificate of the
Registrar. All such appeals shall be preferred within such time, and shall be
heard and disposed of in such manner, as may be prescribed."]
[499] [After Part XIII,
insert as under:
"PART
XIIIA
OF
TOUTS
"80B.
Powers to frame and publish lists of touts.--
(1) Every Registrar of a
district as regards his own office and the offices subordinate thereto and
every Sub-Divisional Magistrate as regards the registration offices within his
own jurisdiction may frame and publish lists of persons proved to his satisfaction
or to the satisfaction of any Sub-Registrar as provided in section 80C, by
evidence of general repute or otherwise, habitually to act as torts, and may
from time to time, alter and amend such lists.
(2) No person's name
shall be included in any such list until he shall have had an opportunity of
showing cause against such inclusion.
(3) Where the name of any
person is included in a list framed and published by a Sub-Divisional
Magistrate under this section, such person may, within thirty days of the publication
of the list in which his name first appears, apply in writing to the Registrar
the district for the removal of his name from such list and the orders of the
Registrar, passed after such inquiry (if any) as he considers necessary on
such application shall be final.
80C.
Inquiry by a Sub-Registrar regarding suspected touts.--
Any
Registrar of a district or Sub-Divisional Magistrate may send to any
Sub-Registrar within the jurisdiction of such authority the name of any person
alleged or suspected to be a tout and request the Sub-Registrar to
hold an inquiry in regard of such person and the Sub-Registrar shall thereupon
hold an inquiry into the conduct of that person, and, after giving him an
opportunity of showing cause as provided in sub-section (2) of section 80B,
shall report to the authority who has made the request whether the person has
been proved to the satisfaction of the Sub-Registrar to be a tout; and that
authority may include the name of any person who has been so proved to be a
tout in the list of touts framed and published by him under sub-section (1) of
section 80B:
Provided
that such authority shall hear such person who before his name has been so
included, appears before him and desires to be heard.
80D.
Display of lists of touts in registration offices.--
A
copy of every such list shall be conspicuously displayed in every
registration office to which the same relates.
80E.
Exclusion of touts from precincts of registration offices.--
A
registering officer may, by general or special order, exclude from the
precincts of his registration office any person whose name is included in any
such list.
80F. Presumption as
to touts found within precincts of registration offices.--
Every
person who having been excluded from the precincts of a registration
office under section 80E is found within the precincts of any registration
office, without written permission from the registering officer shall be deemed
to be acting as a tout for the purposes of section 82A:
Provided
that this section shall not apply where such person is a party to a document
intended for registration at such office or has been directed to appear by any
process of the registering officer.
80G.
Arrest and trial of touts.--
(1) Any registering
officer may, by an order in writing, direct any person named in the order to
arrest any such tout found within the precincts of the registration office.
Such tout may be arrested accordingly and shall be forthwith produced before
the registering officer.
(2) If the tout admits
his offence the provisions of section 345 of the Code of Criminal
Procedure, 1973 (2 of 1974) shall be applicable, so far as may be, to his
detention, trial and punishment.
(3) If the tout does not
admit his offence the provisions of section 346 of the Code shall be
similarly applicable to his detention, trial and punishment.
(4) A registering officer
shall be deemed to be a Civil Court for the purposes of sections
345 and 346 of the said Code."
[500] [After Part XIII
The
following Part shall be inserted, namely:--
"PART
XIII-A.
OF
TOUTS.
80-B.
Powers to frame and publish lists of touts.--
(1) Every Registrar of a
district as regards his own office and the offices subordinate thereto and
every Sub-divisional Magistrate as regards the registration offices within his
own jurisdiction may frame and publish lists of persons proved to his
satisfaction or to the satisfaction of any Sub-Registrar as provided in section
80-C, by evidence of general repute or otherwise, habitually to act as touts,
and may from time to time; alter and amend such lists.
(2) No person's name
shall be included in any such list until he shall have had an opportunity of
showing cause against such inclusion.
(3) Where the name of any
person is included in a list framed and published by a Sub-divisional
Magistrate under this section, such person may, within thirty days of the
publication of the list in which his name first appears, apply in writing to
the Registrar of the district for the removal of his name from such list and
the orders of the Registrar, passed after such inquiry (if any) as he considers
necessary on such application shall be final.
80-C.
Inquiry by a Sub-Registrar regarding suspected touts.--
Any
Registrar of a district or Sub-divisional Magistrate may send to any
Sub-Registrar within the jurisdiction of such authority the name of any person
alleged or suspected to be a tout and request the Sub-Registrar to hold an
inquiry in regard to such person; and the Sub-Registrar shall thereupon hold an
inquiry into the conduct of that person, and, after giving him an opportunity
of showing cause as provided in sub-section (2) of section 80-B, shall report
to the authority who has made the request whether the person has been proved to
the satisfaction of the Sub-Registrar to be a tout; and that authority may include
the name of any person who has been so proved to be a tout in the list of touts
framed and published by him under sub-section (1) of section 80-B:
Provided
that such authority shall hear such person who, before his name has been so
included, appears before him and desires so be heard.
80-D.
Display of lists of touts in registration offices.--
A
copy of every such list shall be conspicuously displayed in every
registration office to which the same relates.
80-E.
Exclusion of touts from precincts of registration offices.--
A
registering officer may, by general or special order, exclude from
the precincts of his registration office any person whose name is included in
any such list.
80-F. Presumption as
to touts found within precincts of registration offices.--
Every
person who having been excluded from the precincts of a registration
office under section 80-E is found within the precincts of any registration
office without written permission from the registering officer shall be deemed
to be acting as a tout for the purposes of section 82-A:
Provided
that this section shall not apply where such person is a party to a document
intended for registration at such office or has been directed to appear by any
process of the registering officer.
80-G.
Arrest and trial of touts.--
(1)
Any
registering officer may, by an order in writing direct any person named in the
order to arrest any such tout found within the precincts of the registration
office. Such tout may be arrested accordingly and shall be for with produced before
the registering officer.
(2)
If
the tout admits his offence the provisions of section 345 of the Code
of Criminal Procedure, 1973 (Central Act 2 of 1974), shall be applicable, so
far as may be, to his detention, trial and punishment.
(3)
If
the tout does not admit his offence the provisions of section 346 of
the said Code shall be similarly applicable to his detention, trial and
punishment.
(4)
A
registering officer shall be deemed to be a Civil Court for the purposes
of sections 345 and 346 of the said Code.".]
[501] [After Section 80
The
following section shall be inserted, namely:--
"80-A.
Recovery of deficit registration fee.--
(1)
Notwithstanding
anything contained in section 80, if, after the registration of a document, it
is found that the fee payable under this Act in relation to that document has
not been paid or has been insufficiently paid, such fee or the deficit, as the
case may be, may, on a certificate of the registering officer, be; recovered
from the person who presented such document for registration under section 32,
as an arrear of land revenue:
Provided
that no such certificate shall be granted unless due inquiry is made and such
person is given an opportunity of being heard:
Provided
further that no such inquiry shall be commenced after the expiry of such
period, after the date of the registration of the document, as may be
prescribed.
(2)
The
certificate of the registering officer under sub-section (1) shall, subject
only to appeal under sub-section (3), be final and shall not be called in question
in any court or before any authority.
(3)
Any
person aggrieved by a certificate of the registering officer under sub-section
(1), may appeal to the Registrar if it is a certificate of the Sub-Registrar or
to the Inspector-General of Registration if it is a certificate of the
Registrar. All such appeals shall be preferred within such time, and shall be
heard and disposed of in such manner, as may be prescribed.".]
UTTAR PRADESH:
[502] [After section 80, insert as under:
"80A.
Duty of Collector in proceedings under section 47A of the Indian Stamp Act,
1899.--
(1)
It
shall be the duty of the Collector, if he is satisfied, during the proceedings,
if any, under section 47A of the Indian Stamp Act, 1899, that the fee for
registration paid under this Act in respect of a document is in deficit, to
determine in the course of such proceedings the deficient amount of fee and to
send a copy of the order made in the proceedings to the registering officer for
the recovery of the said amount from the person liable to pay the deficient
amount of stamp duty under the said section.
(2)
An
order of the Collector under sub-section (1) shall be deemed to be an order
made by the Collector under section 47A of the Indian Stamp Act, 1899 and shall
be final.
(3)
Any
amount recoverable under this section may be recovered as arrears of land
revenue.
80B.
Recovery of deficient registration fee as arrears of land revenue and
provision for refund for excess.--
(1)
If
on inspection or otherwise, it is found that the fee payable under this
Act in relation to any document which is registered has not been paid or has
been insufficiently paid, such fee may (after failure to pay the same
on demand within the prescribed period), on a certificate of Inspector-General
of Registration, Additional Inspector-General of Registration or Deputy
Inspector-General of Registration, be recovered from the person who presented
such document for registration under section 32 as arrears of land revenue.
Such certificate shall be final and shall not be called in question in any
court or before any authority:
Provided
that no such certificate shall be granted unless due enquiry is made and such
person has been given an opportunity of being heard.
(2)
Where
the Inspector-General of Registration finds that the amount of fee
charged and paid exceeds that which is legally chargeable under the provisions
of this Act he may, upon an application in writing or otherwise,
refund the excess."
KARNATAKA:
[503] [After Part XIII, insert as under:
"PART
XIIIA
OF
DEED WRITERS
"80B.
Deed writers to hold licences.--No person other than an advocate or other legal
practitioner, shall for payment, write deeds unless he holds a licence granted
in accordance with rules made under section 69."
WEST BENGAL:
[504] [After Part XIII of the main Act, insert
the following Parts XIIIA and XIIIB, namely:--
"PART
XIIIA
OF
TOUTS
80A.
Powers to frame and publish lists of touts.--
(1) Every Registrar of
district as regards his own office and the offices subordinate thereto and
every Sub-Divisional Magistrate as regards the registration offices within his
own jurisdiction may frame and publish lists of persons proved to his
satisfaction or to the satisfaction of any Sub-Registrar as provided in section
80B, by evidence of general repute or otherwise, habitually to act as touts,
and may, from time to time, alter and amend such lists.
(2) No person's name
shall be included in any such list until he shall have had an opportunity of
showing cause against such inclusion.
(3) Where the name of any
person is included in a list framed and published by a Sub-Divisional
Magistrate under this section, such person may, within thirty days of the
publication of the list in which his name first appears, apply in writing to
the Registrar of the district for the removal of his name from such list and
the orders of the Registrar, passed after such inquiry (if any) as he considers
necessary, on such application shall be final.
80B.
Inquiry by Sub-Registrar regarding suspected touts.--
Any
Registrar of a district or Sub-Divisional Magistrate may send to any
Sub-Registrar within the jurisdiction of such authority the name of any person
alleged or suspected to be a tout and request the Sub-Registrar to hold an
inquiry in regard to such person; and the Sub-Registrar shall thereupon hold an
inquiry into the conduct of that person, and, after giving him an opportunity
of showing cause as provided in sub-section (2) of section 80A, shall report to
the authority who has made the request whether the person has been proved to
the satisfaction of the Sub-Registrar to be a tout; and that authority may
include the name of any person who has been so proved to be a tout in the list
of touts framed and published by him under sub-section (1) of section 80A:
Provided
that such authority shall hear any such person who, before his name has been so
included, appears before him and desires to be heard.
80C.
Hanging up of lists of touts in registration offices.--A
copy of every such list shall be kept hung up in every registration office to
which the same relates.
80D.
Exclusion of touts from precincts of registration offices.--A
registering officer may, by general or special order, exclude from the
precincts of his registration office any person whose name
is included in any such list.
80E.
Presumption as to touts found within precincts of registration
offices.--Every person who having been excluded from the precincts of a
registration office under section 80D is found within
the precincts of any registration office without written permission
from the registering officer, shall be deemed to be acting as a tout for the
purposes of section 82A:
Provided
that this section shall not apply where such person is a party to a
document intended for registration at such office or has been directed to
appear by any process of the registering officer.
80F.
Arrest and trial of touts.--
(1)
Any
registering officer may, by an order in writing, direct any person named in the
order to arrest any such tout found within the precincts of the registration
office. Such tout may be arrested accordingly and shall be forthwith produced
before the registering officer.
(2)
If
the tout admits his offence the provisions of sections
480 and 481 of the Code of Criminal Procedure, 1898, shall be
applicable, so far as may be, to his detention, trial and punishment.
If
the tout does not admit his offence the provisions of section 482 of
the said Code shall be similarly applicable to his detention, trial and
punishment,
(3)
A
registering officer shall be deemed to be a Civil Court for the purposes
of sections 480, 481 and 482 of the said Code.
PART
XIIIB
OF
DEED-WRITERS
80G.
Power of Inspector-General to make rules relating to deed-writers.--
(1) The Inspector-General
shall have power, from time to time, to make rules consistent with this Act?
(a) prescribing the
manner in which and terms subject to which persons who write documents outside
the precincts of a registration office, or who frequent the precincts of
registration offices, for the purpose of writing documents, may be granted
licences;
(b) prescribing the fees
(if any) to be paid for such licences; and
(c) declaring the
conditions under which persons who write documents outside the precincts of
registration offices without licences shall be deemed to be touts for the
purposes of this Act.
(2)
The
rules so made shall be submitted to the State 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."
[505] [In its application to the State of
West Bengal, after Part XIIIB, insert the following Part XIIIC, namely,--
PART
XIIIC
OF
ACQUISITION OF IMMOVABLE PROPERTY IN CERTAIN CASES OF TRANSFER
80H.
Immovable property in respect of which proceedings for acquisition may be
taken.--
(1)
Where
the State Government, on receipt of any report from the registering officer or
otherwise, has reason to believe that any immovable property has been
transferred by a person to another person for an apparent consideration which
is less than the fair market value of the property and that the consideration
for such as agreed to between the parties has been truly stated in the
instrument of transfer, the State Government may acquire the property after
initiating proceedings in accordance with the provisions of the land
Acquisition Act, 1894 (1 of 1894).
(2)
Every
registering officer shall report to the State government in the Judicial
Department any case of transfer as aforesaid as soon as it comes to his notice.
Explanation.--Words
and expressions used herein and not defined but defined in Chapter XXA of the
Income-tax Act, 1961 (43 of 1961), shall have the meanings respectively
assigned to them in that Act.".]
[506] [After Section 80
For
section 80G of the principal Act, the following section shall be substituted:-
80G.
Power to Inspector - General to make rules relating to deed- writers
(1) The Inspector-General
shall have power, from time to time, to make rules consistent with this Act
providing for grant of licences to deed-writers, the revocation of such licences,
the terms and conditions subject to which and the authority by which such
licences shall be granted and generally for all purposes connected with the
writing of documents to be presented for registration.
(2) The rules so made
shall be submitted to the State Government for approval and after they have
been approved they shall be published in the Official Gazelle and on
publication shall have effect as if enacted in this Act.".]
[507] [After Section 80
After
Part XIIIB, the following Part shall be inserted:--
"PART
XIIIBB OF COPY-WRITERS
80GG.
Power to Inspector-General to make rules relating to copywriters.
(1)
The
Inspector-General shall have power from time to time to make rules consistent
with this Act, with prospective or retrospective effect, providing for the
grant of licences to copy-writers, the revocation of such licences, the terms
and conditions subject to which and the authority by which such licences shall
be granted, and generally for all purposes connected with the copying of
documents for registration.
(2)
The
rules so made shall be submitted to the State 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.".]]]
Section 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 registers such document
in a manner which he knows or believes to be incorrect, intending thereby to
cause or knowing it to be likely that he may thereby cause, injury, as defined
in the Indian Penal Code (45 of 1860), to any person, shall be punishable with
imprisonment for a term which may extend to seven years, or with fine, or with
both.
STATE
AMENDMENTS
GOA:
[508] [In section 81,--
(a)
for
the words "or registering of any document", the words
"registering, or filing a true copy of, any document" shall be
substituted;
(b)
for
the words "or registers such document", the words "registers or
files a true copy of, such document" shall be substituted.
KARNATAKA:
[509] [In section 81,--
(i) ???in the marginal heading for the words
"or registering", substitute the words "registering or
filing",
(ii) ??for the words "or registering of any
document", substitute the words "registering or filing a true copy of
any document".
(iii) ???for the words "or registers such
document", substitute the words "registers or files a copy of such
document."
[510] [In Section 81
(i) ???in the marginal heading, for the words
" the registering", the words "registering or filing" shall
be substituted;
(ii) ???for the words "or registering of any
document" the words "registering or filing a true copy of any
document" shall be substituted;
(iii)?
?for the words "or
registers such document", the words "registers or files a copy of
such document" shall be substituted.]
KERALA:
[511] [In section 81,--
(a) for the words
"or registering of any document", substitute the words
"registering, or filing a true copy of, such document";
(b) for the words
"or registers such document", substitute the words "registers,
or files a true copy of, such document".
ORISSA:
[512] [Same as in Kerala.
PONDICHERRY:
[513] [In section 81,--
(i)??
?in the marginal heading for the
words "or registering", substitute the words "or registering or
filing";
(ii) ???in the body of the section, for the words
"or registering of any document", substitute the words
"registering or filing a true copy, of any document"; and
(iii) ???for the words "or registers such
document", substitute the words "registers, or files a copy of, such
document".
TAMIL NADU:
[514] [Same as in Pondicherry above.
TRIPURA:
[515] [Substitute section 81 as under:
"81.
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
checking, endorsing, reading, examining, copying, translating, comparing,
pasting a true copy, pasting a copy of the translation or registering of any
document presented or deposited under its provisions checks, endorses, reads,
examines, copies, translates, compares, pastes a true copy, pastes a copy of
the translation or registers such document in a manner which he knows or
believes to be incorrect intending thereby to cause or knowing it to be likely
that he may thereby cause injury as defined in the Indian Penal Code, to any
person, shall be punishable with imprisonment for a term which may extend to
seven years, or with fine, or with both."
WEST BENGAL:
[516] [In section 81,--
(i)??
?in the marginal note, for the
words "or registering", substitute the words "registering or
filing",
(ii) ??for the words "or registering of any
document", substitute the words "registering or filing a true copy,
of any document", and
(iii)?
?for the words "or registers
such documents", substitute the words "registers or files a copy of
such document".
Section 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 enquiry 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 presents 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.
[STATE AMENDMENTS
GOA:
[517] [In section 82 of
the principal Act, for the words and figures "section 19 or
section 21", the words "this Act or the rules made thereunder"
shall be substituted.
KARNATAKA:
[518] [Amendment to section 82(b) is
the same as in Kerala.
[519] [In Section 82
The
words and figures "under section 19 or section 21", the words
"under this Act or the rules made thereunder" shall be substituted.]
[520] [After Section 82
The following section shall
be inserted namely:-
"82A.
Penalty in respect of deed writers.-
Whoever
contravenes the provisions of section 80B or any term or condition of a licence
granted under rules made under section 69, shall be punishable with
imprisonment which may extend to one month or with fine which may extend to two
hundred rupees or with both"]
KERALA:
[521] [In clause (b) of section 82,
for the words "section 19 or section 21", substitute the words
"this Act or the rules made thereunder".
ORISSA:
[522] [Same as in Kerala.
PONDICHERRY:
[523] [Same as in Kerala.
TAMIL NADU:
[524] [Same as in Kerala.
[525] [After Section 82
The
following section shall be inserted, namely:--
"82-A.
Penalty.--
Whoever
acts as a tout whilst his name is included in a list of touts framed and
published under this Act shall be punishable with imprisonment for a term which
may extend to one month or with fine which may extend to two hundred rupees or
with both."]
TRIPURA:
[526] [Substitute section 82(b) as
under:
"(b)
intentionally delivers to a registering officer, in any proceeding under this
Act or the rules made thereunder, a false copy or translation of a document, or
a false copy of a map or plan; or".
UTTAR PRADESH:
In
section 82, clause (b) was substituted as under:
"(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"-- Uttar Pradesh Act 14 of 1971, section 6 (w.e.f.
25-5-1971). This clause has now been substituted by Uttar Pradesh Act 19 of
1981, section 14 (w.r.e.f. 1-8-1981) and the substituted clause is the
same as original clause (b).
[527] [In Section 82
For
clause (b) the following clause shall be substituted, namely:
"(b)
intentionally delivers to a registering officer, in any proceeding under
section 18-A, section 19 or section 21, a false copy or translation of a
document or a false copy of a map or plan or makes a false declaration;
or".]
WEST BENGAL:
[528] [Same as in Kerala.
Section 82A
[529] [After section
82, insert the following new section, namely:--
"82A.
Penalty.--
Whoever
acts as a tout whilst his name is included in a list of touts framed and
published under this Act shall be punishable with imprisonment for a term which
may extend to three months, or with fine which may extend
to five hundred rupees, or with both."
KARNATAKA:
[530] [After section 82, insert as under:
"82A. Penalty in
respect of deed-writers.--
Whoever contravenes the provisions of section 80B or any
term or condition of a licence granted under rules made under section 69, shall
be punishable with imprisonment which may extend to one month or with fine
which may extend to two hundred rupees or with both."
MADHYA PRADESH:
[531] [Mahakoshal.--In its application to Mahakoshal
region of the State of Madhya Pradesh, after section 82, the following section
shall be inserted, namely:--
"82A.
Penalty for writing documents without licence.--
(1)
On
and from such date as the State Government may, by notification, appoint in
this behalf, no person shall write a document for another person for
presentation to a registering officer except under a licence granted in
accordance with the rules made under this Act:
Provided
that nothing in this sub-section shall apply where the writer of such document
is an authorised agent of the executant or a pleader engaged by the executant
for drawing up the document or the registered clerk of such pleader.
(2)
Whoever
contravenes the provisions of sub-section (1) shall be punishable with fine
which may extend to two hundred rupees."
[532] [In its application to the State of
Madhya Pradesh, after Section 82-A, insert the following new section, namely:-
"82-B.
Punishment for failure to file notice under Section 89-B.-
Any
person who fails to file a notice under section 89-B before the Registering
Officer within the period specified in that section shall be punished with
imprisonment for a term which shall not be less than one year but which may
extend upto three years and shall also be liable to fine."]
MAHARASHTRA:
Vidarbha.-- Section 82A inserted by the
Madhya Pradesh Act 8 of 1955 is repealed in its application to the Vidarbha
region of the State of Maharashtra by Bombay Act 35 of 1958, section 3 (w.e.f.
24-4-1958).
TAMIL NADU:
[533] [After section 82, insert as
under:
"82A.
Penalty.--
Whoever acts
as a tout whilst his name is included in a list of touts framed and published
under this Act shall be punishable with imprisonment for a term which may
extend to one month or with fine which may extend to two hundred rupees or with
both."
Section 83 - Registering officers 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, [534] [***] the Registrar or the
Sub-Registrar, in whose territories, district or sub-district, as the case may
be, the offence has been committed.
(2)
Offences
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.
[STATE
AMENDMENTS
Goa,
Daman and Diu:
[535] [In section 83, for sub-section (1),
substitute the following:--
"(1)
No prosecution for any offence under this Act shall be commenced save by or
with the permission of the Inspector-General or any officer empowered in this behalf
by the Government."
Tamil
Nadu:
[536] [In section 83, in sub-section (2)
The
word "Offences", the words, figures and letter "Save as provided
in section 80G, offences" shall be substituted.]
[537] [In Section 83
In
sub-section (2), for the word "Offences", the words, figures and
letter "Save as provided in section 80-G offences" shall be
substituted.]
West
Bengal:
[538] [In sub-section (2)
The
word "Offences", substitute the words, figure and letter "Save
as provided in section 80F, offences".]
Kerala
[539] [After Section 83
The
following sections shall be inserted, namely:--
"83A.
Cancellation of registered documents in certain cases.--
(1)
If
on enquiry by an officer in the Registration Department not below the rank of
the deputy Inspector General of Registration, it is found that some one has
falsely personated another, and in such assumed character presented, admitted
the execution and got registered any document by a registering officer and the
existence of such a document is detrimental to the interest of another person,
the same shall be cancelled by the Inspector General of Registration on
application made to him in such form as may be prescribed.
(2)
If
on an enquiry conducted by the District Collector suo motu or on the basis of a
complaint received by him, it is found that any Government land or land owned
by a public sector undertaking, has been transferred on the strength of a
document which is got registered without following the procedure prescribed in
sub-section (3) of section 71, the District Collector may make recommendation
to the Inspector General of Registration to cancel the registration of such
document.
(3)
On
receipt of such recommendation from the District Collector, the Inspector
General of Registration shall have the authority to cancel the registration of
such document after following such procedure as may be prescribed.
83B.
Appeal to Government from orders of the Inspector General of
Registration.--
Any
person aggrieved by an order of the Inspector General of Registration under section
83A, may prefer an appeal before the Government within thirty days from the
date of receipt of such order, and the Government shall pass an order
confirming, modifying or cancelling the order of the Inspector General of
Registration as they deem fit.".]]]
Section 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 (45 of 1860).
(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 (45 of 1860), the words "judicial
proceeding" shall be deemed to include any proceeding under this Act.
Section 85 - Destruction of unclaimed documents
Documents
(other than wills) remaining unclaimed in any registration office for a period
exceeding two years may be destroyed.
Section 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.
Section 87 - Nothing so done invalidated 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.
[STATE AMENDMENTS
[Orissa
[540] [After Section 87
The
following new section shall be inserted, namely :
"87-A.
Delegation of powers.--
The
State Government may, by order, delegate all or any of the powers conferred on
them under this Act to the Inspector-General of Registration, who shall
exercise the same subject to such restrictions and conditions as the State
Government may impose and they may in like manner withdraw any power so
delegated".]
Section 88 - Registration of documents executed by Government officers or certain public functionaries
[541] [88. Registration of
documents executed by Government officers or certain public functionaries
(1) Notwithstanding
anything contained in this Act, it shall not be necessary for,--
(a) any officer of
Government, or
(b) any
Administrator-General, Official Trustee or Official Assignee, or
(c) the Sheriff, Receiver
or Registrar of a High Court, or
(d) the holder for the
time being of such other public office as may be specified in a notification in
the Official Gazette issued in that behalf by the State Government, to appear
in person or by agent at any registration office in any proceeding connected
with the registration of any instrument executed by him or in his favour, in
his official capacity, or to sign as provided in section 58.
(2) Any instrument
executed by or in favour of an officer of Government or any other person
referred to in sub-section (1) may be presented for registration in such manner
as may be prescribed by rules made under section 69.
(3) The registering
officer to whom any instrument is presented for registration under this section
may, if he thinks fit, refer to any Secretary to Government or to such officer
of Government or other person referred to in subsection (1) for information
respecting the same and, on being satisfied of the execution thereof, shall
register the instrument.]
Section 89 - Copies of certain orders, certificates and instruments to be sent to registering officers and filed
(1)
Every
officer granting a loan under the Land Improvement Loans Act, 1883 (19 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 the copy in his Book No. 1.
(2)
Every
Court granting a certificate of sale of immovable property under the Code of
Civil Procedure, 1908 (5 of 1908), shall send a copy of such certificate to the
registering officer within the local limits 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 (12 of 1884),
shall send a copy of any instrument whereby immovable property is mortgaged for
the purpose of securing 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 or
that order, to the registering officer within the local limits 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 immovable property comprised in the certificate is situate, and
such officer shall file the copy in his Book No. 1.
[STATE
AMENDMENTS
ANDHRA PRADESH:
[542] [In its application to the State of
Andhra Pradesh,-
(1)
For
sub-Section (5) of Section 89, substitute the following sub-section, namely,-
"(5) An officer empowered to grant
a certificate of sale of immovable property under the Andhra Pradesh
Co-operative Societies Act, 1964 or the rules made thereunder shall send a copy
of such certificate to the registering officer within the local limits of whose
jurisdiction the whole or any part of the immovable property comprised in such
certificate is situate; and such registering officer shall file the copy in his
Book No. 1.
(6) ???Every Tribunal issuing a certificate under
sub-section (6) of section 38 or subsection (2) of section 38E of the Andhra
Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, declaring
the protected tenant to be the purchaser or owner, as the case may be, of the
land, and every Tahsildar issuing certificate sanctioning the exchange under
sub-section (2) of section 39 or under section 50B of the Act aforesaid
declaring the validity of any alienation or other transfer of agricultural land
shall send a copy of such certificate to the registering officer within the
local limits of whose jurisdiction the whole or any part of the agricultural
land comprised in such certificate is situate; and such registering officer
shall file the copy in his Book No. 1."
[543] [(2) In Section 89,
after the words "shall file the copy in his Book No. 1",
wherever they occur, "or get scanned".]
GUJARAT:
[544] [Same as those of Maharashtra.
KERALA:
[545] [In section 89,--
(a)
omit
sub-sections (1) and (3);
(b)
after
sub-section (4) add the following sub-sections:--
"(5)
Every court passing--
(a)
any
decree or order creating, declaring, transferring, limiting or extinguishing
any right, title or interest to or in immovable property in favour of or of any
person, or
(b)
an
order for attachment of immovable property or for the release of any immovable
property from attachment, shall send a copy of such decree or other together
with a memorandum describing the property, as far as may be practicable, in the
manner required by section 21, to the registering officer within
the local limits of whose jurisdiction the whole or any part of the
immovable property comprised in such decree or order is situate, and such
officer shall file the copy of memorandum in his Book No. 1.
(6)
Every officer issuing a written demand before the attachment of the
immovable property of a defaulter under the Revenue Recovery Act for the time
being in force shall--
(a) send a copy of such
written demand together with a memorandum describing the property, as far as
may be practicable, in the manner required by section 21; and
(b) where such written
demand is withdrawn or attachment of property is lifted or the property is sold
and sale is confirmed, send a memorandum indicating that fact
and describing that property, as far as may be practicable, in the manner
required by section 21, to the registering officer within the local limits
of whose jurisdiction the whole or any part of the immovable property to which
the written demand relates is situate and such registering officer shall file
copy of the written demand and the memorandum in his Book No. 1."]
[546] [After section 89, insert the
following section:--
"89A.
Power to make rules for filing of true copies of documents.--
(1)
The
State Government may make rules for all purposes connected with the filing of
true copies of documents in the appropriate books under this Act.
(2)
In
particular, and without prejudice to the generality of the foregoing power,
such rules may provide for?
(a)
the
manner in which true copies of documents shall be prepared; and
(b)
the
manner of filing such copies.
(3)
All
rules made under this section shall be published in the Official Gazette and
unless they are expressed to come into force on a particular day, shall come
into force on the day on which they are so published.
(4)
Every
rule made under this section shall be laid as soon as may be after it is made,
before the Legislative Assembly while it is in session for a total period of
fourteen days which may be comprised in one session or in two
successive sessions, and if, before the expiry of the session in which it is so
laid or the session immediately following, the Legislative Assembly makes any
modification in the rule or decides that rule should not be made, the rule
thereafter have effect only in such modified form or be of no effect as the
case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that
rule."
Note.--For Indian Registration
(Filing of True Copies) Rules, 1967, see Kerala Gazette, dated 30th December,
1967 Extra, (w.e.f. 8-1-1968).
MADHYA PRADESH:
[547] [[548] [Mahakoshal.--In its application to the
Mahakoshal region of the State of Madhya Pradesh, in section 89,--
(i)??
?after sub-section (4), insert the
following sub-section, namely:--
"(5)
Every sale officer granting a certificate of sale under section 20 of the
Madhya Pradesh Co-operative Land Mortgage Banks Act, 1937 (1 of 1937), or under
clause (c) of section 85 of M.P. Co-operative Societies Act, 1960, or the rules
made thereunder shall send a copy of such certificate to the registering office
within the local limits of whose jurisdiction the whole or any part of the
immovable property comprised in such certificate is situate, and such
registering officer shall file the copy in his Book No. 1."
(ii) ??after sub-section (5) insert the
following, namely:--
"(6)
Every consolidation officer passing an order under sub-section (1) of section
22 of the Central Provinces Consolidation of Holdings Act, 1928, shall send a
copy of such order to the registering officer within the local limits
of whose jurisdiction the whole or any part of the immovable property referred
to in such order is situate and such registering officer shall file the copy in
his Book No. 1."]
[549] [In Section 89
The
following sub-section shall be substituted, namely:--
"(5)
Every officer granting a certificate of sale of immovable property under
section 20 of the Madhya Pradesh Co-operative Land Mortgage Banks Act, 1937 (I
of 1937) or under clause (c) of section 85 of the Madhya Pradesh
Co-operative Societies Act, 1960 (17 of 1961) or the rules made thereunder,
shall send a copy of such certificate to the registering officer within the
local limits of whose jurisdiction the whole or any part of the immovable
property comprised in such certificate is situate, and such registering officer
shall file the copy in his Book No. 1".]
MAHARASHTRA:
?[[550] [[551] [In section 89,--
(i) ???in sub-sections (1) and (3), for the words
and figure "Book No. 1", substitute the word "office".
(ii) ???after sub-section (4), insert the following
sub-sections, namely:--
"(5)? ?Every
consolidation officer passing an order,--
(i) ????under sub-section (1) of section 29 or
sub-section (2) of section 29A of the Bombay Prevention Fragmentation and
Consolidation of Holdings Act, 1947, or
(ii) ???under sub-section (1) of section 203 of the
Madhya Pradesh Land Revenue Code, 1954, or
(iii) ??under sub-section (1) of section 31 of the
Hyderabad Prevention of Fragmentation and Consolidation of Holdings Act, 1956, shall
send a copy of such order to the registering officer within the local limits of
whose jurisdiction the whole or any part of the immovable property referred to
in such order is situate, and such registering officer shall file the
copy in his Book No. 1.
(6) ??Every sale officer granting a certificate of
sale under section 20 of the Central Provinces and Berar Co-operative Land
Mortgage Banks Act, 1937, 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 registering officer shall file the copy in his
Book No. 1."
Vidarbha.--As
the above amendments have now been extended to and shall remain in force in the
Vidarbha region of the State of Maharashtra, sub-sections (5) and (6), inserted
in section 89 by C.P. and Berar Acts 1 of 1937 and 59 of 1949 and in
force immediately before 24-4-1958, have been repealed from that date by Bombay
Act 35 of 1958, section 7(1).
(iii) (a) after
sub-section (6), add the following new sub-section, namely:--
"(7)
The registering officer to whom a memorandum under sub-section (7) of
section 18, sub-sections (1A) and (4) of section 22, section 22C and section
28A of the Bombay Public Trusts Act, 1950, or a copy of entry under section 23
of that Act is sent shall file the same in his Book No. 1.";
(b)
in the marginal note, after the word "instruments" insert
the words "and of certain memoranda".
ORISSA:
[552] [After sub-section (4) of section 89,
insert the following sub-section, namely:--
"(5)
A copy of every certificate of sale granted under section 20 of the Orissa
Co-operative Land Mortgage Banks Act, 1938, shall be sent to the registering
officer within the local limits of whose jurisdiction the whole or any part of
the immovable property comprised in such certificate is situate and such
registering officer shall file the copy in his Book No. 1."]
[553] [After section 89, insert the
following section:--
"89A.
Duty of Collector in proceedings under section 47A of the Indian
Stamp Act, 1899.--
(1)
It
shall be the duty of the Collector, if he is satisfied during the proceedings,
if any, under section 47A of the Indian Stamp Act, 1899, that the fees for
registration paid under this Act in respect of a document is in deficit to
determine in the course of such proceedings the deficient amount of fees to
send a copy of the order made in the proceedings to the registering officer for
the recovery of the said amount from the person liable to pay the deficient
amount of stamp duty under the said section; and all amounts recoverable as
aforesaid may be recovered as arrears of land revenue.
(2)
An
order of the Collector under sub-section (1) shall be deemed to be an order
made by the Collector under section 47A of the Indian Stamp Act, 1899, and
shall be final subject to the decision in appeal, if any, under sub-section (3)
of the said section."
[554] [In Section 89-A of the principal Act, in
Sub-section (1)
The
words "and to send a copy of the order made in the proceedings to the
registering officer for the recovery of the said amount", the words
"and to recover the said amount of fees along with the deficient amount of
stamp duty" shall be substituted.]
Section 89B
[555] [In its application to the
State of Orissa, after section 89A, insert the following new section, namely,--
"89B.
Power of State government to make Rules.--
(1)
The
State Government may, by notification in the Official Gazette, make rules for
all purposes connected with the filing of true copies of documents in the
appropriate books under this Act.
(2)
In
particular and without prejudice to the generality of the foregoing power, such
Rules may provide for,--
(a) the furnishing of
true copies of documents by the person presenting the documents for
registration;
(b) the manner in which
true copies of documents shall be prepared; and
(c) the manner of filing
such copies."]
[556] [After Section 89
The
following new section shall be inserted, namely :
"89'A.
Duty of Collector in proceedings under Section 47.--
A
of the Indian Stamp Act, 1899-
(1)
It
shall be the duty of the Collector, if he is satisfied diring the proceedings,
if any, under Section 47-A of the Indian Stamp Act, 1899 that the fees for
registration paid under this Act in respect of a document is in deficit to
determine in the course of such proceedings the deficient amount of fee and to
send a copy of the order made in the proceedings to the Registering Officer for
recovery of the said amount from the person liable to pay the deficient amount
of stamp duty under the said section; and all amounts recoverable as aforesaid
may be recovered as arrears of land revenue.
(2)
An
order of the Collector under Sub-section (1) shall be deemed to be an order
made by the Collector under Section 47-A of the Indian Stamp Act, 1899 (2 of
1899) and shall be final subject to the decision in appeal, if any, under
Sub-section (3) of the said section.]
RAJASTHAN:
[557] [After section 89(4), insert as under:
"(5)
Every bank granting a loan to an agriculturist for agricultural purposes shall
send within such time and in such manner as may be prescribed, a copy of any
instrument whereby immovable property is mortgaged for the purpose of securing
repayment of loan, to the registering officer within the local limits of whose
jurisdiction the whole or any part of the property so mortgaged is situate and
such registering officer shall file the copy in his Book No. 1.
Explanations.--For
the purposes of sub-section (5),--
(a)
the
expression "every bank" shall mean--
(i)??
?a banking company as defined in
the Banking Regulation Act, 1949;
(ii)??
?the State Bank of India
constituted under the State Bank of India Act, 1955;
(iii) ??a subsidiary bank as defined in the State
Bank of India (Subsidiary Bank) Act, 1959;
(iv) ?a corresponding new bank constituted under the
Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970;
(v) ??a banking institution notified by the Central
Government under section 51 of the Banking Regulation Act, 1949;
(vi)??
the Agricultural Refinance Corporation constituted under the
Agricultural Refinance Corporation Act, 1963;
(vii) ?Agro-Industries Corporation;
(viii) Agricultural Finance Corporation
Ltd., a company incorporated under the Companies Act, 1956; and
(ix)?
?any other financial institution
notified by the State Government in the Official Gazette as a bank for the
purpose of this Act.
(b)
the
word "agriculturist" shall have the meaning assigned to it in
sub-section (3) of section 5 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act
3 of 1955).
TAMIL NADU:
[558] [[559] [[560] [After sub-section (4), insert the
following sub-section, namely:--
"(5)
Every officer granting, a certificate of sale of immovable property under the
Madras Co-operative Land Mortgage Banks Act, 1934, or the rules made under the
Madras Co-operative Societies Act, 1932, shall send a copy of such certificate
to the registering officer within the local limits of whose jurisdiction the
whole or any part of the immovable property comprised in such certificate is
situate, and such registering officer shall file the copy in his Book No.
1."
After
sub-section (5), insert as under:
"(6)
Every officer in charge of collection of the loans mentioned in
subsection (1), or sub-section (3) shall send to the registering officer to
whom a copy of the order under sub-section (1), or a copy of instrument or
order under subsection (3) has been sent, an intimation of the discharge of
such loans. Such intimation shall be in such form as may be prescribed and the
registering officer shall file the intimation in his Book No. 1."
After
sub-section (6), insert as under:
"(7)
Every officer granting any deed or other document purporting to be or to
evidence, the grant or assignment by the Government of land or of any interest
in land, shall send a copy of such deed or other document to the registering
officer within the local limits of whose jurisdiction the whole or any part of
the land comprised in such deed or document is situate, and such registering
officer shall file the copy in his Book No. 1."
[561] [After section 89, insert the
following, namely:--
"89A.
Power, to make rules for filing copies of documents.--
(1)
Same
as in Kerala.
(2)
In
particular, and without prejudice to the generality of the foregoing power,
such rules may provide for?
(a)
the
furnishing of true copies of documents by the person presenting the document
for registration;
(b)
Same
as (a) in Kerala;
(c)
Same
as (b) in Kerala.
[562]2A. Every Court passing an
order for effecting or raising an attachment of immovable property under the
Code of Civil Procedure, 1908 (5 of 1908), shall send a copy of such order
together with the memorandum giving the details of the property to the registering
officer within the local limits of whose jurisdiction the whole or any part of
the said immovable property is situate, and such registering officer shall file
the copy of such order in his Book No. 1.
(3)
Same
as in Kerala.
(4)
Every
rule made under this section shall, as soon as possible, after it is made, be
placed on the table of both the Houses of the State Legislature, and if, before
the expiry of the session in which it is so placed or the next session, both
the Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may be;
so, however, that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule."
Note.--For
Indian Registration (Filing of True Copies) Rules, 1967, see Fort St. Geo
Gazette, 11-2-1967, Pt. V, Extra., p. 1.
[563] [After section 89A, insert as
under:
"89B.
Power to make rules regulating the writing of documents.--The State Government
may make rules providing for the grant of licences to document writers, the
terms and conditions subject to which and the authority by whom such
licences shall be granted, the circumstances under which such licences may be
revoked, and generally for all purposes connected with the writing of documents
to be presented for registration.
[564] [After Section 89
The
following section shall be inserted, namely:--
"89-A.
Power to make rules for filing of copies of documents.--
(1) The State Government
may make rules for all purposes connected with the filing of true copies of
documents in the appropriate books under this Act.
(2) In particular, and
without prejudice to the generality of the foregoing power, such rules may
provide for?
(a)
the
furnishing of true copies of documents by the person presenting the document
for registration;
(b)
the
manner in which true copies of documents shall be prepared; and
(c)
the
manner of filing of such copies.
(3) All rules made under
this section shall be published in the Official Gazette and, unless they are
expressed to come into force on a particular day, shall come into force on the
day on which they are so published.
(4) Every rule made under
this section shall, as soon as possible, after it is made, be placed on the
table of both Houses of the State Legislature, and if, before the expiry of the
session in which it is so placed or the next session, both Houses agree in
making any modification in any such rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be, so however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.".]
[565] [After Section 89
After
section 89-A of the Registration Act, 1908 (Central Act XVI of 1908), the
following section shall be inserted, namely:--
"89-B.
Power to make rules regulating the writing of documents.--
The
State Government may make rules providing for the grant of licences to document
writers, the terms and conditions subject to which and the authority by whom
such licences shall be granted, the circumstances under which such licences may
be revoked, and generally for all purposes connected with the writing of
documents to be presented for registration.]
[566] [In Section 89
After
sub-section (6), the following sub-section shall be added, namely:--
"(7)
Every officer granting any deed or other document purporting to be or to
evidence, the grant or assignment by the Government, of land or of any interest
in land, shall send a copy of such deed or other document to the
registering officer within the local limits of whose jurisdiction the whole or
any part of the land comprised in such deed or document is situate, and such
registering officer shall file the copy in his Book No. 1.".]
[567] [In Section 89
After
sub-section (2), the following sub-section shall be inserted, namely:--
"(2-A)
Every Court passing an order for effecting or raising an attachment
of immovable property under the Code of Civil Procedure, 1908 (Central Act V of
1908), shall send a copy of such order together with the memorandum giving the
details of the property to the registering officer within the local limits of
whose jurisdiction the whole or any part of the said immovable property is
situate, and such registering officer shall file the copy of such order in his
Book No. 1.]
[568] [After sub-section (5) of section
89 of the Registration Act, 1908 (Central Act XVI of 1908), the following
sub-section shall be added, namely:--
"(6)
Every officer in charge of collection of the loans mentioned in sub-section
(1), or sub-section (3) shall send to the registering officer to whom a copy of
the order under sub-section (1) or a copy of instrument or order under
sub-section (3) has been sent, an intimation of the discharge of such loans.
Such intimation shall be in such form as may be prescribed and the registering
officer shall file the intimation in his Book No. 1.]
[569] [In section 89 of the principal Act,--
(1) In the marginal
heading, after the expression "and filed", the expression "or
scanned" shall be inserted;
(2) After the expression
"in his Book No. 1" wherever it occurs, the expression "or get
it scanned" shall be inserted.]
Section
89A
GOA:
[570] [After section 89, insert as under:
"89A.
Power to make rules for filing of true copies of documents.--
(1) The State Government
may make rules for all purposes connected with the filing of true copies of
documents in the appropriate books under this Act.
(2) In particular, and
without prejudice to the generality of the foregoing power, such rules may
provide for,--
(a) the manner in which
true copies of documents shall be prepared; and
(b) the manner of filing
and pasting of such copies.
(3) All rules made under
this section shall be published in the Official Gazette and, unless they are
expressed to come into force on a particular day, shall come into force on the
day on which they are so published.
(4) Every rule made under
this section shall be laid, as soon as may be after it is made, before the
Legislative Assembly while it is in session for a total period of fourteen days
which may be comprised in one session or in two successive sessions, and if
before the expiry of the session in which it is so laid or the session
immediately following, the Legislative Assembly makes any modification in
the rule or decides that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may be;
so however that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule."
KARNATAKA:
[571] [After section 89, insert as under:
"89A.
Power to make rules for filing of copies of documents.--
(1) The State Government
may make rules for all purposes connected with the preparation or filing of
true copies of documents in the appropriate books under this Act.
(2) In particular and
without prejudice to the generality of the foregoing powers, such rules may
provide for?
(a) the manner in which
true copies of documents shall be prepared; and
(b) the manner of filing
of such copies.
(3) All rules made under
this section shall be published in the Official Gazette, and unless they are
expressed to come into force on a particular day, shall come into force on the
day on which they are so published.
(4) Every rule made under
this Act shall be laid as soon as may be after it is made before each House of
the State Legislature while it is in session for a total period of thirty days
which may be comprised in one session or in two or more successive sessions and
if before the expiry of the session in which it is so laid or the session
immediately following both Houses agree in making any modification in the
rule or both Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may be;
so however that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.
(5) Nothing in this Part
shall apply to any document which is prepared on a printed or lithographed form
or which in the opinion of the registering officer, is not in a fit condition
to be photocopied.
(6) Notwithstanding
anything contained in this Part in the case of document containing a map, plan
or trade mark label, if the party presenting the document so desires, the
registering officer may accept three copies of such map, plan or trade mark
lable and where such true copies are accepted the map plan or trade mark lable
shall not be photocopied and such copies thereof shall be filed in the
appropriate file book.]
[572] [After Section 89
The
following section shall be inserted namely:-
"89A.
Power to make rules for filing of copies of documents.-
(1)
The
State Government may make rules for all purposes connected with filing of true
copies of documents in the appropriate books under this Act.
(2)
In
particular and without prejudice to the generality of the foregoing powers,
such rules may provide for,-
(a) the furnishing of
true copies of documents by the person presenting the documents for
registration;
(b) the manner in which
true copies of documents shall be prepared; and
(c) the manner of filing
of such copies.
(3)
All
rules made under this section shall be published in the official Gazette, and
unless they are expressed to come into force on a particular day, shall come
into force on the day on which they are so published.
(4)
Every
rule made under this Act shall be laid as soon as may be after it is made
before each House of the State Legislature while it is in session for a total
period of thirty days which may be comprised in one session or in two or more
successive sessions and if before the expiry of the session in which it is so
laid or the session immediately following, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made,
the rules shall thereafter have effect only in such modified form or be
of no effect, as the case may be; so however that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule."]
PONDICHERRY:
[573] [After section 89, insert the
following:--
(1)
(2) } Same as in Tamil Nadu.
(3)
(4) ?Every rule made under this section shall, as
soon as possible after it is made, be laid before the Legislative Assembly,
Pondicherry, while it is in session for a total period of 14 days, which may be
comprised in one session or in two or more successive sessions, and if, before
the expiry of the session in which it is so laid or the sessions aforesaid, the
Legislative Assembly makes any modification in the rule or decides that the
rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be, so, however, that any
such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule."
PUDUCHERRY
[574] [In Section 89
The
words "shall file the copy in his Book No. 1", wherever they occur,
the words "or get scanned " shall be added.]
WEST BENGAL:
[575] [In its application to
the State of West Bengal after section 89, section 89A(1) and (2), as
inserted, are the same as in Karnataka.]
UTTARAKHAND
[576] [In Section 89
The
following section shall be inserted; namely:-
"78-B
(1) The fee for the registration of a document may be charged in the form of
adhesive labels for which the Inspector-General of Registration may, with the
prior approval of the State Government, make rules to regulate supply and sale
thereof, the persons by whom alone such sale is to be conducted and the duties
and remuneration of and the fees chargeable from such persons.
(2) ?The District Registrar may, on an application
of a person, make allowance for the spoiled, misused or unused adhesive labels
purchased for the registration of a document is accordance with the rules made
by the Inspector-General of Registration with the prior approval of the State
Government."]
UTTAR PRADESH
[577] [In its application to the
State of Uttar Pradesh, in Section 89,-
(a) in sub section (1),
(2) and (4), for the words "file the copy in his Book No. 1",
substitute "take a similar action on it as taken on it as taken on a
document admitted to registration under sub section (1) of section 61";
(b) in sub section (3)
for the words "file the copy or copies, as the case may be, in his Book
No. 1", substitute "take a similar action on it as taken on a
document admitted to registration under sub section (1) of section 61";]
MAHARASHTRA -
[578] [After section 89 of
the principal Act, the following sections shall be inserted,
namely:--
"
89A. Copies of court decrees, attachment orders, etc., to be sent to
Registering Officers and filed in registers.--
(1) Every Court
passing,--
(a) any decree or order creating,
declaring, transferring, limiting or extinguishing any right, title or interest
to or in immovable property in favour of any person, or
(b) an order for interim
attachment or attachment of immovable property or for the release of any
immovable property from such attachment,
shall, in accordance with the rules
made in this behalf, send a copy of such decree or order together with a
memorandum describing the property as far as may be practicable, in the
manner required by section 21, to the registering officer within the
local limits of whose jurisdiction the whole or any part of the immovable
property comprised in such decree or order is situate, and such officer shall
file the copy of the memorandum in his Book No. 1 :
Provided that,
where the immovable property is situate within the local limits of the
jurisdiction of more than one registering officer, the procedure specified in
clauses (a) and (b) of this sub-section shall be followed in respect of the
property within the jurisdiction of each of such officers.
(2) Every officer issuing
a certificate of sale or a written demand before the attachment of the
immovable property of a defaulter under the provisions of any law relating to
Revenue Recovery for the time being in force including the Revenue Recovery
Act, 1890 (1 of 1890), shall,--
(a) send a copy of such
certificate of sale or written demand together with a memorandum describing the
property, as far as may be practicable, in the manner required by section 21;
(b) where such written
demand is withdrawn or attachment of property is lifted or the property sold
and sale is confirmed, send a memorandum indicating that fact and describing
that property, as far as may be practicable, in the manner required by section
21, to the registering officer within the local limits of whose jurisdiction
the whole or any part of the immovable property to which the written demand is
situate, and such registering officer shall file a copy of the written demand
and the memorandum in his Book No. 1 :
Provided
that, where the immovable property is situate within the local limits of the
jurisdiction of more than one registering officer, the procedure specified in
clauses (a) and (b) of this subsection shall be followed in respect of the
property within the jurisdiction of each of such officers.
89B.
Notice to be sent to registering officers by mortgagor in case of
mortgage by depositing title deeds and provisions for compensation in favour of
subsequent transferee.--
(1) Every person who has
mortgaged immovable property by way of a mortgage by depositing title deeds
under clause (f) of section 58 of the Transfer of Property Act, 1882 (IV of
1882) shall, within thirty days from the date of the mortgage, file a notice of
intimation of his having so mortgaged the property, giving details of his name
and address, name and address of the mortgagee, date of mortgage, amount
received under the mortgage, rate of interest payable, list of documents
deposited, and description of the immovable property in the manner required by
section 21. to the registering officer within the local limits of whose
jurisdiction the whole or any part of the property is situate, and the said
officer shall file the same in his Book No. 1 :
Provided
that, if the property so mortgaged falls within the jurisdiction of more than
one registering officer, the procedure specified in this sub-section shall be
followed in respect of the property within the jurisdiction of each of such
officers.
(2) If, the person who
has mortgaged the property as aforesaid fails to file a notice within thirty
days as stated in sub-section (1) before the registering officer or officers,
as the case may be, and enters into any transaction in relation to or affecting
the immovable property which is the subject matter of the mortgage, with a
third party; such a transaction shall be void and the third party shall be
entitled to refund of any amount paid by him together with interest at twelve
per cent. from the date of payment and also to compensation for any damages
suffered by him, from the transferor.
(3) The amount
recoverable by such transferee as specified in sub-section (2) shall be a
charge on the interest of the mortgagor, in the mortgaged property :
Provided
that, nothing in this section shall apply to the instruments of agreement relating
to mortgage by deposit of title-deeds which are duly registered as per the
provisions of this Act.
89C.
Punishment for failure to file notice under section 89B.--
Any
person who failed to file a notice under section 89B to the registering officer
alongwith fees, within the period specified in that section, shall be punished
with imprisonment for a term which shall not be less than one year
but which may be for a term which may extend to three years and shall also be
liable to fine.
89D.
Power to make rules for filing of true copies of documents and notices
referred in sections 89A and 89B.--
(1) The State Government
may, by notification in the Official Gazette, make rules for all purposes
connected with the filing of copies of documents referred to in section 89A or
filing of notices referred to in section 89B, in the appropriate book
under this Act.
(2) In particular and
without prejudice to the generality of the foregoing powers, such rules may
provide for,--
(a) the manner in which
notices or true copies of documents shall be prepared; and
(b) the manner of filing
of the notices or true copies.
(3) Every rule made under
this section shall be laid, as soon as may be, after it is made, before each
House of the State Legislature, while it is in session for a total period of
thirty days, which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session in which it is so laid or
the session immediately following, both Houses agree in making any modification
in rule or both Houses agree that the rule should not be made, and notify their
decision to that effect in the Official Gazette, the rule shall, from the
date of publication of such decision in the Official Gazette, have effect only
in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity
of anything previously done or omitted to be done under that rule.]
Section 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 (3 of 1877), or
in the Indian Registration Act, 1871 (8 of 1871), or in any 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 or 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, or
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.
STATE
AMENDMENT
GOA, DAMAN AND
DIU:
[579] [In Section 90
The words "grants or assignments
by Government of land or of any interest in land", the words "grants,
assignments or leases by Government of immovable property or of any interest in
immovable property" shall be substituted.]]]
Section 91 - Inspection and copies of such documents
[580] [(1)] Subject to
such rules and the previous payment of such fees as the [581] [[582] [State
Government], by notification in the Official Gazette, prescribes in this
behalf], all documents and maps mentioned in section 90, clauses (a), (b), (c),
and (e), and all registers of the documents 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.
[583] [(2) Every rule
prescribed under this sub-section or made under section 69 shall be laid, as
soon as it is made, before the State Legislature.]
STATE
AMENDMENTS
Section
91A
[584][Tripura:
After section 91, insert as under:
"91A. (1) The State Government
may, by notification in the Official Gazette, make rules for all purposes
connected with the pasting of true copies of documents in the appropriate Books
under this Act.
(2)? ?In
particular and without prejudice to the generality of the foregoing power, such
rules may provide for--
(a)
the
furnishing of true copies of documents by the person presenting the document
for registration;
(b)
the
manner in which true copies of documents shall be prepared;
(c)
the
manner in which the true copies of documents shall be compared with the
original documents after the same are admitted to registration; and
(d)
the
manner of passing such copies.
(3) ??Every rule made under this section shall be
laid as soon as may be after it is made, before the Legislative Assembly of
Tripura, while it is in session for a total period of not less than fourteen
days which may be comprised in one session or in two or more successive
sessions, and if before the expiry of the session in which it is so laid or the
successive sessions as aforesaid the Legislative Assembly agrees in making any
modification in the rule or the Legislative Assembly agrees that the rule
should not be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule".
Section 92 - Burmese registration-rules confirmed (Repealed)
[Repealed by the Government of India
(Adaptation of Indian Laws) Order, 1937.]
Section 93 - Repeals (Repealed)
[Repealed by the Repealing Act, 1938 (1
of 1938), section 2 and Schedule].
Schedule I - THE SCHEDULE
THE SCHEDULE
Repeal of enactments.--[Repealed by the
Repealing Act, 1938 (1 of 1938), section 2 and Schedule]
[STATE AMENDMENTS
[585] [Pondicherry:
After section 91, insert the following
Schedule:--
"THE SCHEDULE
[See section 52(5)]
MODIFICATION OF
CERTAIN PROVISIONS OF THE ACT
Same as in Tamil Nadu, items 2 to 9
(i.e. items 1 to 8 in Pondicherry) except item 8, which is item 7 in
Pondicherry and runs as under:--
"(7) In sub-section (1) of section
61, for the words "copied into the margin of the register book",
substitute the words "copied into the true copy of the document filed
under sub-section (1B) of section 52."
[586] [Tamil Nadu:
After section 91, insert the following
Schedule, namely:--
"THE SCHEDULE
[See section 52(5)]
1.
In
section 19 omit the words "and also by a true copy".
2.
In
section 45,--
(a)
in
sub-section (1), for the words etc. "cause the contents thereof to be
copied into his Book No. 3", substitute the words, etc. "cause a true
copy of the contents thereof to be made and filed in his Book No. 3";
and
(b)
in
sub-section (2) for the words "copy has been made", substitute the
words "true copy has been filed".
3.
In
sub-section (2) of section 46,--
(a)
for
the words "unless the will has been already copied", substitute
the words "unless a true copy of the will has already been filed";
and
(b)
for
the words etc. "cause the will to be copied into his Book No.
3", substitute the words "cause a true copy to be made and filed in
his Book No. 3".
4.
In
section 51,--
(a)
for sub-section
(2), substitute the following sub-section, namely:--
"(2) In book I shall be filed--
(i) ????true copies of all documents; and
(ii)?? ?all
memoranda, registered under sections 17,
18 and 89, which relate to immovable property, and are not wills."; and
(b)
in
sub-section (3), for the words "entered all documents",
substitute the words "filed true copies of all documents".
5.
In
section 54, for the words "copied or filed", substitute the words
"filed a true copy of, or".
6.
In
section 55,--
(a)
in
sub-section (2), for the words "every" document entered or memorandum
filed", substitute the words "every document of which a true copy or
memorandum is filed";
(b)
in
sub-section (4), for the words etc. "every will and authority entered in
Book No. 3", substitute the words, etc. "every will and authority of
which a true copy is filed in Book No. 3"; and
(c)
in
sub-section (5), for the words "document entered", substitute the
words "document of which a true copy is filed".
7.
In
sub-section (1) of section 60, for the words "the document has been
copied", substitute the words the "true copy of the document has been
filed".
8.
In
sub-section (1) of section 61, omit the words "margin of".
9.
In
section 62, for sub-section (1), substitute the following:--
"(1) When a
document is presented for registration under section 19, the translation
together with the true copy of the document be filed in the appropriate
book."
[587] [West Bengal:
After section 91, insertion of Schedule
is the same as in Tamil Nadu.
Amending Act 1 - REGISTRATION AND OTHER RELATED LAWS (AMENDMENT) ACT, 2001
THE
REGISTRATION AND OTHER RELATED LAWS (AMENDMENT) ACT, 2001
[Act,
No. 48 of 2001]
[24th
September, 2001]
PREAMBLE
An
Act further to amend the Registration Act, 1908, the Transfer of Property Act,
1882 and the Indian Stamp Act, 1899.
BE it enacted by
Parliament in the Fifty-second Year of the Republic of India as follows: --
CHAPTER I:
PRELIMINARY
1. Short title
This Act may be called the Registration
and Other Related Laws (Amendment) Act, 2001.
CHAPTER II: AMENDMENT
OF THE REGISTRATION ACT, 1908
2. Insertion of new section 16A
In the Registration Act, 1908 (16 of
1908) (hereafter in this Chapter referred to as the Registration Act),
after section 16, the following section shall be inserted, namely: --
"16A. Keeping of books in computer
floppies, diskettes, etc. --
(1)
Notwithstanding
anything contained in section 16, the books provided under sub-section (1) of
that section may also be kept in computer floppies or diskettes or in any other
electronic form in the manner and subject to the safeguards as may be
prescribed by the Inspector-General with the sanction of the State Government.
(2)
Notwithstanding
anything contained in this Act or in any other law for the time being in force,
a copy or extracts from the books kept under sub-section (1) given by the
registering officer under his hand and seal shall be deemed to be a copy given
under section 57 for the purposes of sob-section (5) of that section."
3. Amendment of section 17
In section 17 of
the Registration Act, --
(a) after sub-section
(1), the following sub-section shall be inserted, namely:--
"(1A)
The documents containing contracts to transfer for consideration, any
immovable property for the purpose of section 53A of the Transfer of
Property Act, 1882 (4 of 1882) shall be registered if they have been executed
on or after the commencement of the Registration and Other Related Laws
(Amendment) Act, 2001 and if such documents are not registered on or after such
commencement, then, they shall have no effect for the purposes of the said
section 53A."
(b) in sub-section (2),
in clause (v), for the opening words "any document", the words,
brackets, figure and letter "any document other than the documents
specified in sub-section (1A) shall be substituted.
4. Amendment of section 30
In section 30 of the
Registration Act, sub-section (2) shall be omitted.
5. Insertion of new section 32A
After section 32 of the
Registration Act, the following section shall be inserted, namely: --
"32A. Compulsory affixing of
photograph, etc. --
Every person presenting any document at
the proper registration office under section 32 shall affix his passport size
photograph and fingerprints to the document:
Provided that where such document
relates to the transfer of ownership of immovable property, the passport size
photograph and fingerprints of each buyer and seller of such property mentioned
in the document shall also be affixed to the document."
6. Amendment of section 49
In section 49 of the
Registration Act, in the proviso, the words, figures and letter "or as
evidence of part performance of a contract for the purposes of section
53A of the Transfer of Property Act, 1882, (4 of 1882)" shall be
omitted.
7. Amendment of section 52
In section 52 of the
Registration Act, in sub-section (1), in clause (a), after the words "and
place of presentation", the words, figures and letter "the
photographs and fingerprints affixed under section 32A" shall be inserted.
8. Omission of section 67
Section 67 of the Registration Act
shall be omitted.
9. Amendment of section 69
In section 69 of the
Registration Act, in sub-section (1), after clause (a), the following clause
shall be inserted, namely: --
"(aa) providing the manner in
which and the safeguards subject to which the books may be kept in computer
floppies or diskettes or in any other electronic form under sub-section (1) of
section 16A;".
CHAPTER III :
AMENDMENT OF THE TRANSFER OF PROPERTY ACT, 1882
10. Amendment of section 53A of Act 4of 1882
In section 53A of the
Transfer of Property Act, 1882, the words "the contract, though required
to be registered, has not been registered, or," shall be omitted.
CHAPTER IV :
AMENDMENT OF THE INDIAN STAMP ACT, 1899
11. Amendment of Schedule 1 of Act 2 of 1899
In Schedule I to the Indian Stamp Act,
1899, --
(a) under column heading
"Description of Instrument", in article No. 23, in Exemption, the
portion beginning with the words "Assignment of Copyright" and ending
with the word and figure "section 5." shall be numbered as clause (a)
thereof, and after clause (a) as so numbered, the following clause shall be
inserted, namely:--
"(b) for the purpose of this
article, the portion of duty paid in respect of a document falling under
article No. 23A shall be excluded while computing the duty payable in respect
of a corresponding document relating to the completion of the transaction in
any Union territory under this article.";
(b) after article No. 23
and the entries relating thereto, the following article No. and the entries
shall be inserted, namely:--
Description of Instrument Proper
Stamp- duty"
23A. CONVEYANCE IN THE NATURE OF PART
Ninety per cent. Of PERFORMANCE-
Contracts for the transfer of immovable
the duty as a Property in the nature of part performance in any Union
Conveyance Territory under section 53A of the Transfer of Property (No.
23).". Act, 1882 . (4 of 1882 )
12. Saving
Notwithstanding anything contained in
sections 6 and 10, any--
(a)
right
of a transferor or any person claiming under him debarred under section
53A of the Transfer of Property Act, 1882 (4 of 1882) immediately before
the commencement of this Act shall remain so debarred as if section 10 had not
come into force in respect-of such right; and
(b)
unregistered
document relating to the right referred to in clause (a) may be received as
evidence of part performance of a contract for the purposes of section
53A of the Transfer of Property Act, 1882 (4 of 1882) as if section 6 had
not come into force in respect of such document.
[1]
The Act
has been extended to the new Provinces and merged States by the Merged States
(Laws) Act 59 of 1949 and to the States of Manipur, Tripura and Vindhya Pradesh
by the Union Territories (Laws) Act 30 of 1950. Manipur and Tripura are
full-fledged States now, see Act 81 of 1971.Vindhya Pradesh is a part of the
State of Madhya Pradesh now, see Act 37 of 1956.
The Act has been extended
to the transferred territories (i.e) Kanyakumari district and Shencottah
taluqua of Tirunelvelli district by T.N. Act 23 of 1960 but the Act as was
prevailing in the territories added to Tamil Nadu from the State of Andhra
Pradesh has been repealed by T.N. Act 8 of 1964.
The Act has been extended
to the Union Territories of (1) Dadra and Nagar Haveli by Regulation 6 of
1963;(2) Goa, Daman and Diu by Regulation 11 of 1963; (3) Laccadive, Minicoy
and Amindivi Island by Regulation 8 of 1965.These Islands are now known as
Lakshadweep, see Act 34 of 1973, s.3; and (4) Pondicherry by Act 26 of 1968.
[2] The word
"Indian" omitted by Act 45 of 1969, Section 2 (w.e.f.
26-12-1969).
[3] Substituted
by Act 3 of 1951, Section 3 and Schedule, for sub-section (2)
(w.e.f. 1-4-1951).
[4]
Omitted by Jammu
And Kashmir Reorganisation Act, 2019, w.e.f. 31.10.2019 the previous text
was:-
"except the State of Jammu and
Kashmir"
[5] Substituted by the
A.O. 1950, for "a Native of India" (w.e.f. 26-1-1950).
[6] The words "his
caste (if any) and" omitted by Act 17 of 1956, Section 2 (w.e.f.
6-4-1956).
[7] Inserted by Act
3 of 1951, Section 3 and Schedule (w.e.f. 1-4-1951).
[8]
Clause (11) Inserted
by the A.O. 1950, and omitted by Act 3 of 1951, Section 3 and
Sch (w.e.f. 1-4-1951).
[9] Vide Andhra Pradesh
Act 16 of 1999, Section 2 (w.e.f. 31-12-1998).
[10]
Vide Goa, Daman and
Diu Act 2 of 1968, Section 2.
[11] Vide Tamil Nadu Act
38 of 1987, Section 3 (w.e.f. 18-1-1988).
[12]
Inserted by
the Registration (Tamil Nadu Second Amendment) Act, 2000.
[13] Vide West Bengal Act
5 of 1942, Section 8 (w.e.f. 1-11-1943).
[14] Added
by Registration (Puducherry Amendment) Act, 2004.
[15] Clause (2) shall be
Substituted and Clause (10-A) and (10-B) shall be Inserted by Indian
Registration (Uttarakhand Amendment) Act, 2011.
[16] Substituted by the
Uttar Pradesh Act, 36 of 2001, S.2 (w.e.f. 20.05.2002).
[17]
Inserted by the Uttar
Pradesh Act 36 of 2001, S.2 (w.e.f. 20.05.2002).
[18] Inserted by the
Madhya Pradesh Act 4 of 2010, S.3 (w.e.f. 14.01.2010).
[19] Substituted by the
A.O. 1950, for "Provincial Government".
[20] Substituted by the
A.O. 1950, for "Provincial Government".
[21] Substituted by the
A.O. 1950, for "Provincial Government".
[22] Substituted by the
A.O. 1950, for "the Crown".
[23] Vide Uttar Pradesh
Act 48 of 1975, Section 2 (w.e.f. 1-11-1975).
[24] Substituted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[25] Inserted by the West
Bengal Act, 23 of 2007, Section.3.
[26] Repealed by the
Government of India (Adaptation of India Laws) Orders, 1937 (w.e.f.
01.04.1937).
[27] Substituted by the
A.O. 1950, for "Provincial Government".
[28]
Substituted by the
A.O. 1937, for "Local Official Gazette".
[29] Substituted by the
A.O. 1950, for "Provincial Government".
[30] The proviso added by
Act 4 of 1914, Section 2 and Schedule, Pt. I and omitted by the A.O. 1937.
[31] Vide Karnataka Act 32
of 2001, Section 2 (w.e.f. 3-10-2001).
[32] Inserted
by Registration (Karnataka Amendment) Act, 2000.
[33] Inserted
by Registration (Karnataka Amendment) Act, 2001.
[34] Substituted vide West
Bengal Act 23 of 2007, Section 4.
[35] Vide Maharashtra Act
29 of 1974, Section 2 (w.e.f. 10-6-1974).
[36] Vide Uttar Pradesh
Act 19 of 1981, Section 5 (w.e.f. 1-8-1981).
[37] Vide Uttar Pradesh
Act 27 of 1994, Section 2.
[38] Substituted by the
A.O. 1950, for "Provincial Government".
[39] Substituted by the
A.O. 1950, for "Provincial Government".
[40] Inserted
by Registration (Maharashtra Amendment) Act, 2010.
[41] Inserted by the West
Bengal Act 23 of 2007, section 5.
[42] Substituted by the
A.O. 1950, for "Provincial Government".
[43] Vide Rajasthan Act 11
of 1982, section 2 (w.e.f. 16-6-1982).
[44]
Vide Uttar Pradesh
Act 6 of 1980, section 12 (w.r.e.f. 21-11-1979).
[45] Omitted vide Uttar
Pradesh Act 36 of 2001, section 4 (w.e.f. 20.05.2002.)
[46] Vide Orissa (Act No.
8 of 2002) dated 24.05.2002.
[47] Substituted by
Registration (Bihar Amendment) Act, 2010.
[48] Substituted by the
A.O. 1950, for "Provincial Government".
[49] Substituted by the
A.O. 1950, for "Provincial Government".
[50] Substituted by Act 4
of 1914, section 2 and Schedule, Pt. I, for "the Local Government fills up
the vacancy".
[51] Vide Karnataka Act 32
of 2001, section 3 (w.e.f. 3-10-2001).
[52] Inserted
by Registration (Karnataka Amendment) Act, 2001.
[53] Substituted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[54] Inserted by the Uttar
Pradesh Act 36 of 2001, Section 5 (w.e.f. 20.05.2002).
[55] The words "All
appointments made by the Inspector-General under section 6and", Inserted
by Act 4 of 1914, section 2 and Schedule, Pt. I and omitted by the A.O. 1937.
[56] Substituted by the
A.O. 1950, for "Provincial Government".
[57] Substituted by the
A.O. 1950, for "Provincial Government".
[58] Sub-section (3)
omitted by the A.O. 1937.
[59] Vide Act 11 of 1960,
Section 87 and Gujarat A.L.O., I960.
[60] Vide Bombay Act 5 of
1929, section 3 (w.e.f. 22-5-1929) read with Act 35 of 1958,section 2 (w.e.f.
28-4-1958).
[61] Vide U.P. Act 6 of
1980, section 12 (w.r.e.f. 21-1-1979).
[62] Sub-section (1)
omitted by the A.O. 1937.
[63]
Substituted by the
A.O. 1950, for "Provincial Government".
[64] Substituted by A.O.
1950, for "Provincila Government".
[65] Substituted by the
A.O. 1950, for "Provincial Government".
[66] Substituted by the
A.O. 1950, for "Provincial Government".
[67] Substituted by the
A.O. 1950, for "Provincial Government".
[68] Vide Andhra Pradesh
Act 16 of 1999, section 3 (w.e.f. 31-12-1998).
[69] Inserted
by Registration (Puducherry Amendment) Act, 2004.
[70] Inserted
by Registration (Tamil Nadu Second Amendment) Act, 2000.
[71] Inserted by Act
48 of 2001, section 2 (w.e.f. 24-9-2001).
[72] Added by Act 21
of 1929, section 10.
[73]
Substituted by the
A.O. 1950, for "Provincial Government".
[74] Substituted by the
A.O. 1937, for "Local Official Gazette".
[75] Inserted by Act
48 of 2001, section 3 (w.e.f. 24-9-2001).
[76] Substituted
by Act 48 of 2001, section 3, for "any document" (w.e.f.
24-9-2001).
[77] Substituted
by Act 21 of 1929, 2, for "and any award".
[78] Substituted by the
A.O. 1950, for "Crown".
[79] Inserted by Act
39 of 1948, section 2.
[80] Inserted by Act
2 of 1927, section 2.
[81] Vide Andhra
Pradesh Act 4 of 1999 (w.e.f. 1-4-1999).
[82] Vide Gujarat Act 7 of
1982, section 2 (w.e.f. 18-12-1981).
[83] Sub-section (1) and
(1A) shall be Inserted and sub-section (2) shall be Omitted
by Registration (Gujarat Amendment) Act, 1982.
[84] Inserted by Registration
(Gujarat Amendment) Act, 2008.
[85] Vide Kerala Act 7 of
1968, section 2 (w.e.f. 22-2-1968).
[86] Inserted
by Indian Registration (Kerala Amendment) Act, 1968.
[87] Sub-section (1) shall
be Inserted and Sub-section (2) shall be Omitted by Registration (Kerala
Amendment) Act, 2012.
[88] Vide Pondicherry Act
17 of 1970, section 2 (w.e.f. 1-11-1970).
[89] Vide Rajasthan Act 16
of 1976, section 2 (w.e.f. 13-2-1976).
[90] Vide Rajasthan Act 18
of 1989, section 2 (w.e.f. 18-9-1989).
[91] Vide Tamil Nadu Act
38 of 1987, section 3 (w.e.f. 1-1-1988).
[92]
Vide Uttar Pradesh
Act 57 of 1976, section 32 (w.e.f. 1-1-1977).
[93] Vide Orissa (Act No.
8 of 2002) dated 24.05.2002.
[94] Substituted
by Registration (Tamil Nadu Amendment) Act, 2012 (Act 29 of 2012).
[95]
Inserted by Registration
(Maharashtra Amendment) Act, 2010.
[96] Vide Maharashtra Act
19 of 1960, section 2 (w.e.f. 24-10-1960).
[97] Inserted by Madhya
Pradesh Act, 4 of 2010, section 4 (w.e.f. 14.01.2010.)
[98] Substituted by
Registration (Bihar Amendment) Act, 2010.
[99] Inserted by Act 33 of
1940, section 2.
[100]
Vide Andhra Pradesh
Act 4 of 1999, section 3 (w.e.f. 1-4-1999).
[101]
Vide Gujarat Act 11
of 1960, section 87, Gujarat A.L.O., I960.
[102]
Vide Bombay Act 14 of
1939, section 4 (w.e.f. 15-6-1939) read with Act 35 of 1958, section
2 (w.e.f. 28-4-1958).
[103]
Vide Maharashtra Act
20 of 1971, section 58 (w.e.f. 15-6-1972).
[104]
Vide Uttar Pradesh
Act 57 of 1976, section 33 (w.e.f. 1-1-1977).
[105]
Vide Uttar Pradesh
Act 19 of 1981, section 6 (w.r.e.f. 1-8-1981).
[106]
Inserted
by Registration (Uttar Pradesh Amendment) Act, 1970 (Act 14 of 1971).
[107]
Vide G.S.R. 465 dated
20th March, 1965, Gazette of India, 1965, Pt. II, section 3(i), page 499.
[108]
Vide Himachal Pradesh
Act 2 of 1969, section 3 (w.e.f. 11-4-1969).
[109]
Inserted
by Indian Registration (Himachal Pradesh Amendment) Act, 1968.
[110]
Vide Punjab Act 19 of
1961, section 2 (w.e.f. 4-5-1961); Act 33 of 1966 section 89.
[111]
Inserted
by Indian Registration (Punjab Amendment) Act, 1961 (punjab).
[112]
Vide Tripura Act 7 of
1982, section 2 (w.e.f. 1-1-1983).
[113]
Omitted by
Registration (Bihar Amendment) act, 2010.
[114]
Vide G.S.R. 465,
Gazette of India, 1965, Pt. II, Section 3(i), p. 499.
[115]
Vide Himachal Pradesh
Act 2 of 1969, Section 4 (w.e.f. 11-4-1969).
[116]
Substituted
by Indian Registration (Himachal Pradesh Amendment) Act, 1968.
[117]
Vide Kerala Act 7 of
1968, Section 3 (w.e.f. 22-2-1968).
[118]
Vide Kerala Act 7 of
1968, Section 4 (w.e.f. 22-2-1968).
[119]
Omitted
by Indian Registration (Kerala Amendment) Act, 1968.
[120]
Inserted
by Indian Registration (Kerala Amendment) Act, 1968.
[121]
Vide Punjab Act 19 of
1961, Section 3 (w.e.f. 4-5-1961); Act 31 of 1966, Section 89.
[122]
Substituted
by Indian Registration (Punjab Amendment) Act, 1961 (punjab).
[123]
Vide Orissa Act 14 of
1989, Section 2.
[124]
Vide Orissa Act 14 of
1989, Section 3 (w.e.f. 19-9-1989).
[125]
Substituted by Orissa
Act 8 of 2002, Section 4 (w.e.f. 24.05.2002).
[126]
Vide Orissa (Act No.
8 of 2002) dated 24.05.2002.
[127]
Vide Rajasthan Act 11
of 1982, Section 3 (w.e.f. 16-7-1982).
[128]
Vide Tripura Act 7 of
1982, Section 3 (w.e.f. 1-1-1983).
[129]
Vide Tamil Nadu Act
21 of 1966.
[130]
Vide West Bengal Act
17 of 1978, Section 7 and Schedule.
[131]
Inserted
by Registration (West Bengal Amendment) Act, 1981 (Act 43 of 1981).
[132]
Vide Goa Act 24 of
1984, Section 2 (w.e.f. 5-12-1985).
[133]
Vide Karnataka Act 55
of 1976, Section 3 (w.e.f. 23-10-1976).
[134]
Inserted
by Registration (Karnataka Amendment) Act, 1976.
[135]
Vide Rajasthan Act 11
of 1982, Section 4 (w.e.f. 16-7-1982).
[136]
Inserted by
the Registration (Tamil Nadu Amendment) Act, 2000.
[137]
Inserted
by Registration (Andhra Pradesh amendment) Act, 2019.
[138]
Vide Gujarat Act 11
of I960, Section 87 and Gujarat A.L.O., I960.
[139]
Vide Bombay Act 35 of
1958, Section 4 (w.e.f. 24-4-1958).
[140]
Inserted
by Registration (Assam Amendment) Act, 2009.
[141]
Substituted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[142]
Substituted by
the Uttar Pradesh Act 36 of 2001, Section 6 (w.e.f. 20.05.2002).
[143]
Substituted by the
A.O. 1950, for "Provincial Government".
[144]
Substituted by the
A.O. 1950, for "Provincial Government".
[145]
Vide Notification No.
189/38 dated 30th May, 1939, as amended by No. 72/43-Public, dated 16th
September, 1943.
[146]
Vide Act 11 of 1960,
Section 87 and Gujarat A.L.O. I960.
[147]
Vide Bombay Act 35 of
1958, Section 5 (w.e.f. 24-4-1958).
[148]
Vide Punjab Act 8 of
1941, Section 2 (w.e.f. 23-5-1941) read with Act 23 of 1960, Section
4; Act 31 of 1966, Section 88.
[149]
Vide Andhra Pradesh
Act 4 of 1999, Section 4 (w.e.f. 1-4-1999).
[150]
Vide Bihar Act 6 of
1991, Section 2 (w.e.f. 8-8-1991).
[151]
Vide Act 11 of
1960, Section 87; Gujarat A.L.O., 1960.
[152]
Vide Karnataka Act 55
of 1976, Section 3 (w.e.f. 23-10-1976).
[153]
Inserted
by Registration (Karnataka Amendment) Act, 1976.
[154]
Vide Bombay Act 24 of
1938 (w.e.f. 8-2-1939) read with Act 35 of 1958 (w.e.f. 24-4-1958).
[155]
Vide Meghalaya Act 5
of 1990, Section 2 (w.e.f. 22-6-1990).
[156]
Vide Rajasthan Act 16
of 1976, Section 2 (w.e.f. 13-2-1976).
[157]
Vide Registration
(West Bengal Amendment) Act, 1981.
[158]
Vide Orissa (Act No.
8 of 2002) dated 24.05.2002.
[159]
Inserted
by Registration (Puducherry Amendment) Act, 2002.
[160]
Omitted
by Indian Registration (Punjab Amendment) Act, 1941.
[161]
Substituted
by Registration (Tamil Nadu Amendment) Act, 2008 (Act 02 of 2009).
[162]
Substituted
by Registration (Tamil Nadu Amendment) Act, 2009 (Act 02 of 2009).
[163]
Inserted
by Registration (Tamil Nadu Amendment) Act, 1994.
[164]
Omitted by
Registration (Maharashtra Amendment) Act, 2010.
[165]
Inserted by the
Madhya Pradesh Act 4 of 2010, Section 5 (w.e.f. 14.01.2010).
[166]
Inserted by Act 15 of
1917, Section 2.
[167]
Vide Madras Act 17 of
1952, Section 2 (w.e.f. 14-1-1953) as adapted by Andhra Pradesh A.L.O., 1953,
[168]
Vide Kerala Act 2 of
1959, Section 2 (w.e.f. 1-6-1960).
[169]
Vide Tamil Nadu Act
17 of 1952, Section 2 (w.e.f. 14-1-1953) as adapted by Tamil Nadu A.L.O., 1954.
[170]
Substituted
by Act 3 of 1951, section 3, and Schedule, for "the States"
(w.e.f. 1-4-1951).
[171]
Vide Rajasthan Act 18
of 1989, section 3 (w.e.f. 18-9-1989).
[172]
Substituted by Act 3 of
1951, section 3 and Schedule, for "the States" (w.e.f.
1-4-1951).
[173]
Substituted by Act 3 of
1951, section 3 and Schedule, for "the States" (w.e.f.
1-4-1951).
[174]
Substituted by Act 33
of 1940, section 3, for "and (d)".
[175]
Substituted by Act 33
of 1940, section 3, for "and (c)".
[176]
Vide Andhra Pradesh Act
4 of 1999, section 5.
[177]
Vide Bihar Act 6 of
1991, section 3 (w.e.f. 8-8-1991).
[178]
Inserted by
Registration (Bihar Amendment) Act, 2010.
[179]
Vide Act 11 of 1960,
section 87; Gujarat A.L.O., 1960 (w.e.f. 1-7-1961.
[180]
Vide Maharashtra Act
20 of 1971, section 58 (w.e.f. 15-6-1972).
[181]
Vide Bombay Acts 14
of 1939, section 4; 14 of 1947, read with 35 of 1958, section
2 (w.e.f. 28-4-1958) and 6 of 1960, section 43 (w.e.f. 1-1-1961).
[182]
Vide Pondicherry Act
5 of 1999 (w.e.f. 4-5-1999).
[183]
Substituted
by Registration (Puducherry Amendment) Act, 1998.
[184]
Vide Uttar Pradesh
Act 27 of 1994, section 3.
[185]
Vide Uttar Pradesh
Act 19 of 1981, section 8 (w.r.e.f. 1-8-1981).
[186]
Vide Orissa (Act No.
8 of 2002) dated 24.05.2002.
[187]
Substituted
by Registration (Tamil Nadu Amendment) Act, 2012 (Act 29 of 2012).
[188]
Added
by Registration (Tamil Nadu Amendment) Act, 2012 (Act 29 of 2012).
[189]
Inserted by
the Registration (Tamil Nadu Amendment) Act, 1997.
[190]
Substituted by Act 33
of 1940, section 3 and Schedule II, for "other than a document referred to
in section 28, and a copy of decree or order".
[191]
Substituted by the
A.O. 1950, for "Provincial Government".
[192]
Substituted by the
A.O. 1950, for "Provincial Government".
[193]
Sub-section (2)
omitted by Act 48 of 2001, section 4 (w.e.f. 24-9-2001).
[194]
Vide Andhra Pradesh
Act 13 of 1996, section 2 (w.e.f. 15-6-1966).
[195]
Vide Bihar Act 6 of
1991, section 4 (w.e.f. 8-8-1991).
[196]
Omitted by
Registration (Bihar Amendment) Act, 2010.
[197]
Vide Gujarat Act 18
of 1990, section 2.
[198]
Vide Haryana Act 4 of
1997, section 2 (w.e.f. 12-3-1997).
[199]
Vide Madhya Pradesh
Act 1 of 1993, section 2 (w.e.f. 15-7-1993).
[200]
Vide Orissa Act 19 of
1991, section 2.
[201]
Vide Rajasthan Act 18
of 1989, section 4 (w.e.f. 18-9-1989).
[202]
Vide Uttar Pradesh
Act 27 of 1994, section 4.
[203]
Vide West Bengal Act
17 of 1996, section 3.
[204]
Vide West Bengal Act
22 of 1997, section 3.
[205]
Vide West Bengal Act
15 of 1998, section 3 (w.e.f. 1-4-1998).
[206]
Omitted
by Registration (West Bengal Amendment) Act, 1996 (Act 27 of 1996).
[207]
Omitted
by Registration (Haryana Amendment) Act, 1996.
[208]
Omitted
by Registration (Haryana Amendment) Act, 1997.
[209]
Omitted
by Registration (Karnataka Amendment) Act, 1987.
[210]
Substituted
by Act 39 of 1948, section 3, for "section 31 and section 89"
(w.e.f. 3-9-1948).
[211]
Vide Bihar Ordinance
7 of 1997, section 2 (w.e.f. 11-8-1997).
[212]
Inserted
by Registration (Bihar Amendment) Act, 1998.
[213]
Vide Uttar Pradesh
Act 29 of 1989, section 2 (w.e.f. 11-5-1989).
[214]
Vide Uttar Pradesh
Act 27 of 1994,
section 5.
[215]
Inserted
by Registration (Maharashtra Amendment) Act, 2010.
[216]
Inserted by Act
48 of 2001, section 5 (w.e.f. 24-9-2001).
[217]
Omitted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[218]
Substituted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[219]
Inserted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[220]
Omitted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[221]
Inserted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[222]
Inserted
by Registration (Uttar Pradesh Amendment) Act, 1989 (Act 29 of 1989).
[223]
Uttar Pradesh Act 29
of 1989, Section - 2 (w.e.f. 11.05.1989) * and as amended by Uttar Pradesh Act
36 of 2001, Section 7 (w.e.f. 20-05-2002).
[224]
Uttar Pradesh Act 29
of 1989, Section - 2 (w.e.f. 11.05.1989) * and as amended by Uttar Pradesh Act
36 of 2001, Section 7 (w.e.f. 20-05-2002).
[225]
Uttar Pradesh Act 29
of 1989, Section - 2 (w.e.f. 11.05.1989) * and as amended by Uttar Pradesh Act
36 of 2001, Section 7 (w.e.f. 20-05-2002).
[226]
Uttar Pradesh Act 29
of 1989, Section - 2 (w.e.f. 11.05.1989) * and as amended by Uttar Pradesh Act
36 of 2001, Section 7 (w.e.f. 20-05-2002).
[227]
Uttar Pradesh Act 29
of 1989, Section - 2 (w.e.f. 11.05.1989) * and as amended by Uttar Pradesh Act
36 of 2001, Section 7 (w.e.f. 20-05-2002).
[228]
Omitted by Uttar
Pradesh Act 36 of 2001, section 8 (w.e.f. 20.05.2002).
[229]
Inserted by Bihar
Ordinance 7 of 1998, Section 2 (w.e.f. 30.04.1998).
[230]
Inserted
by Registration (Andhra Pradesh amendment) Act, 2019.
[231]
Substituted
by Act 3 of 1951, section 3 and Schedule, for "the
States" (w.e.f. 1-4-1951).
[232]
Substituted
by Act 3 of 1951, section 3 and Schedule, for "resides in
any other part of the States" (w.e.f. 1-4-1951).
[233]
Substituted
by Act 3 of 1951, section 3 and Schedule, for "the States"
(w.e.f. 1-4-1951).
[234]
Substituted by
the A.O. 1950, for "British".
[235]
The words "of
His Majesty or" omitted by the A.O. 1950.
[236]
Inserted
by Act 3 of 1951, section 3 and Schedule (w.e.f. 1-4-1951).
[237]
Inserted
by Registration (Tamil Nadu Amendment) Act, 2012 (Act 29 of 2012).
[238]
Inserted by
the Registration (Tamil Nadu Amendment) Act, 2000.
[239]
Inserted by
the Registration (Tamil Nadu Amendment) Act, 2000.
[240]
Inserted &
Substituted by Registration (Maharashtra Amendment) Act, 2010.
[241]
Substituted by Madhya
Pradesh Act 4 of 2010, Section 6 (w.e.f. 14.01.2010).
[242]
Added by Act 13 of
1926, section 2.
[243]
Substituted by
the A.O. 1950, for "Provincial Government".
[244]
Substituted by
the A.O. 1939, for "Local Official Gazette".
[245]
Inserted
by Maharashtra Act 10 of 2012, Section 7 (w.e.f. 01.04.2013).
[246]
Inserted by Madhya
Pradesh Act 4 of 2010, section 7 (w.e.f. 14.01.2010).
[247]
Substituted by
the A.O. 1950, for "Provincial Government".
[248]
Vide Act 11 of
1960, section 87; Gujarat A.L.O., I960.
[249]
Vide Bombay Act 5 of
1929, section 6 (w.e.f. 22-5-1929) read with Bombay Act 35 of 1958,
section 2 (w.e.f. 24-4-1958).
[250]
Vide Goa Act 24 of
1985, section 3 (w.e.f. 5-12-1985).
[251]
Vide Karnataka Act 55
of 1976, section 4 (w.e.f. 24-10-1976).
[252]
Inserted by Registration
(Karnataka Amendment) Act, 1976.
[253]
Vide Kerala Act 7 of
1963, section 5 (w.e.f. 22-2-1968).
[254]
Substituted
by Indian Registration (Kerala Amendment) Act, 1968.
[255]
Vide Orissa Act 14 of
1989, section 4 (w.e.f. 19-9-1989).
[256]
Vide Pondicherry Act
17 of 1970, Schedule Item (1) (w.e.f. 1-11-1970).
[257]
Vide Tripura Act 7 of
1982, section 4 (w.e.f. 1-1-1983).
[258]
Vide Goa Act 24 of
1985, section 4 (w.e.f. 5-12-1985).
[259]
Vide Karnataka Act 55
of 1976, section 5 (w.e.f. 24-10-1976).
[260]
Substituted
by Registration (Karnataka Amendment) Act, 1976.
[261]
Vide Kerala Act 7 of
1968, section 6 (w.e.f. 22-2-1968).
[262]
Substituted
by Indian Registration (Kerala Amendment) Act, 1968.
[263]
Vide Orissa Act 14 of
1989, section 5 (w.e.f. 19-9-1989).
[264]
Vide Pondicherry Act
17 of 1970, Schedule Item 2 (w.e.f. 1-11-1970).
[265]
Vide Tripura Act 7 of
1982, section 5 (w.e.f. 1-1-1983).
[266]
Added by Act 21
of 1929, section 10.
[267]
Added by Act 21
of 1929, section 10.
[268]
Added by Act 21
of 1929, section 10.
[269]
Now see the Specific
Relief Act, 1963 (47 of 1963).
[270]
Certain words omitted
by Act 48 of 2001, section 6 (w.e.f. 24-9-2001).
[271]
Vide Uttar Pradesh
Act 57 of 1976, section 34 (w.e.f. 1-1-1977).
[272]
Vide Andhra Pradesh
Act 4 of 1999, section 6 (w.e.f. 1-4-1999).
[273]
Vide Pondicherry Act
17 of 1970, section 3 (w.e.f. 1-11-1970).
[274]
Vide Uttar Pradesh
Act 19 of 1981, section 9 (w.r.e.f. 1-8-1981).
[275]
Substituted
by Registration (Tamil Nadu Amendment) Act, 2012 (Act 29 of 2012).
[276]
Vide Andhra Pradesh
Act 16 of 1999, section 4 (w.e.f. 31-12-1998).
[277]
Vide Bihar Act 14 of
1947, section 2 (w.e.f. 21-4-1947).
[278]
Vide Goa Act 24 of
1985, section 5 (w.e.f. 5-12-1985).
[279]
Vide Act 11 of
1960, section 87 and Gujarat A.L.O. 1960.
[280]
Vide Karnataka Act 41
of 1984, section 2 (w.e.f. 7-11-1986); Karnataka Act 55 of 1976,
section 6 (w.e.f. 24-10-1976).
[281]
Sub-section (2), (3)
shall be Substituted and sub-section (5) shall be Inserted by Registration
(Karnataka Amendment) Act, 1976.
[282]
Inserted
by Registration (Karnataka Amendment) Act, 1984.
[283]
Vide Kerala Act 7 of
1968, section 7 (w.e.f. 22-2-1968).
[284]
Substituted
by Indian Registration (Kerala Amendment) Act, 1968.
[285]
Vide Bombay Act 5 of
1929, section 7 (w.e.f. 22-5-1929) read with Act 35 of 1958,
section 2 (w.e.f. 28-4-1958).
[286]
Vide Bombay Act 24 of
1938, section 3 (w.e.f. 8-2-1939) read with Act 35 of 1958, section 2
(w.e.f. 28-4-1958).
[287]
Vide Maharashtra Act
20 of 1971, section 58(c) (w.e.f. 15-6-1972).
[288]
Vide Orissa Act 14 of
1989, section 6 (w.e.f. 19-9-1989).
[289]
Vide Pondicherry Act
17 of 1970, section 3 (w.e.f. 1-11-1970).
[290]
Vide Tripura Act 7 of
1982, section 6 (w.e.f. 1-1-1983).
[291]
Vide Uttar Pradesh
Act 19 of 1981, section 10 (w.r.e.f. 1-8-1981).
[292]
Inserted by
the Registration (Tamil Nadu Second Amendment) Act, 2000.
[293]
Substituted
by Registration (Puducherry Amendment) Act, 2004.
[294]
Substituted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[295]
Inserted
by Act 48 of 2001, section 7 (w.e.f. 24-9-2001).
[296]
Vide Bihar Ordinance
7 of 1997, section 3 (w.e.f. 11-8-1997).
[297]
clause (a) shall be
Inserted and clause (c) shall be Substituted by Registration (Bihar
Amendment) Act, 1998.
[298]
Vide G.S.R. 465 of
1965, Gazette of India, 1965, Pt. II, section 3(i), p. 499 (w.e.f.
1-11-1966).
[299]
Vide Goa Act 24 of
1985, section 6 (w.e.f. 5-12-1985).
[300]
Vide Himachal Pradesh
Act 2 of 1969, section 5 (w.e.f. 1-4-1969).
[301]
Substituted
by Indian Registration (Himachal Pradesh Amendment) Act, 1968.
[302]
Vide Karnataka Act 55
of 1976, section 7 (w.e.f. 24-10-1976).
[303]
Substituted
by Registration (Karnataka Amendment) Act, 1976.
[304]
Vide Kerala Act 7 of
1968, section 8 (w.e.f. 22-2-1968).
[305]
Substituted
by Indian Registration (Kerala Amendment) Act, 1968.
[306]
Vide Orissa Act 14 of
1989, section 7 (w.e.f. 19-9-1989).
[307]
Vide Pondicherry Act
17 of 1970, section 4 (w.e.f. 1-11-1970).
[308]
Vide Punjab Act 19 of
1961, section 4 (w.e.f. 4-5-1961): Act 31 of 1966, section
89 (w.e.f. 1-11-1966).
[309]
Substituted
by Indian Registration (Punjab Amendment) Act, 1961 (punjab).
[310]
Vide Rajasthan Act 11
of 1982, section 5 (w.e.f. 16-7-1982).
[311]
Vide Tamil Nadu Act
21 of 1966, section 2 (w.e.f. 1-4-1967).
[312]
Vide Tripura Act 7 of
1982, section 7 (w.e.f. 1-1-1983).
[313]
Inserted
by Registration (Uttar Pradesh Amendment) Act, 1970 (Act 14 of 1971).
[314]
Vide West Bengal Act
17 of 1978, section 3 (w.e.f. 1-1-1983).
[315]
Sub-section (1) shall
be Substituted and Sub-section (2) shall be Omitted by Indian Registration
(Uttarakhand Amendment) Act, 2011.
[316]
Inserted by Uttar
Pradesh Act 36 of 2001, section 11 (w.e.f. 20.05.2002).
[317]
Inserted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[318]
Vide Bihar Act 24 of
1952, section 2 (w.e.f. 22-10-1952).
[319]
Vide Goa Act 24 of
1985, section 7 (w.e.f. 5-12-1985 ).
[320]
Act 11 of I960,
section 87 and Gujarat A.L.O., I960.
[321]
Vide Karnataka Act 55
of 1976, section 8 (w.e.f. 24-10-1976).
[322]
Substituted
by Registration (Karnataka Amendment) Act, 1976.
[323]
Vide Kerala Act 7 of
1968, section 9 (w.e.f. 22-2-1968).
[324]
Substituted
by Indian Registration (Kerala Amendment) Act, 1968.
[325]
Vide Bombay Act 5 of
1929, section 8 (w.e.f. 22-5-1929) read with Act 35 of
1958 (w.e.f. 24-4-1958).
[326]
Vide Orissa Act 14 of
1989, section 8.
[327]
Vide Pondicherry Act
17 of 1970, Schedule, Item 4 (w.e.f. 1-11-1970).
[328]
Vide Tripura Act 7 of
1982, section 8 (w.e.f. 1-1-1983).
[329]
Substituted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[330]
Vide Goa Act 24 of
1985, section 8 (w.e.f. 5-12-1985).
[331]
Vide Act 11 of
1960, section 87 and Gujarat A.L.O., I960.
[332]
Vide Karnataka Act 55
of 1976, section 9 (w.e.f. 24-10-1976).
[333]
Substituted
by Registration (Karnataka Amendment) Act, 1976.
[334]
Vide Kerala Act 7 of
1968, section 10 (w.e.f. 22-2-1968).
[335]
Substituted
by Indian Registration (Kerala Amendment) Act, 1968.
[336]
Vide Bombay Acts 5 of
1929, section 9 (w.e.f. 22-5-1929) read with 35 of 1958, section
2 (w.e.f. 24-4-1958).
[337]
Vide Orissa Act 14 of
1989, section 9 (w.e.f. 19-9-1989).
[338]
Vide Pondicherry Act
17 of 1970, Schedule , Item 5.
[339]
Vide Tripura Act 7 of
1982, section 9 (w.e.f. 1-1-1983).
[340]
Vide West Bengal Act
17 of 1978, section 7 and Schedule .
[341]
Vide West Bengal Act
31 of 1951, section 2 (w.e.f. 2-11-1951).
[342]
Inserted
by Indian Registration (West Bengal Amendment) Act, 1950 (Act 29 of
1950).
[343]
Substituted
by Indian Registration (West Bengal Amendment) Act, 1951 (Act 31 of
1951).
[344]
Inserted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[345]
Inserted by Uttar
Pradesh Act 36 of 2001, Section 13 (w.e.f. 20.05.2002).
[346]
Vide Act 11 of
1960, section 87 and Gujarat A.L.O., 1960.
[347]
Vide Bombay Acts 5 of
1929, section 10 (w.e.f. 22-5-1929) read with 35 of 1958 (w.e.f.
24-4-1958).
[348]
Substituted by the
Uttar Pradesh Act 36 of 2001, section 14 (w.e.f. 20.05.2002).
[349]
Substituted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[350]
Substituted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[351]
Inserted by
the Registration (Tamil Nadu Amendment) Act, 2000.
[352]
Substituted by the
Uttar Pradesh Act 36 of 2001, Section 15 (w.e.f. 20.05.2002).
[353]
Vide Bihar Ordinance
7 of 1997, section 4 (w.e.f. 11-8-1997).
[354]
Vide Goa Act 24 of
1985, section 9 (w.e.f. 5-12-1985).
[355]
Vide Karnataka Act 55
of 1976, section 10 (w.e.f. 24-10-1976).
[356]
Substituted
by Registration (Karnataka Amendment) Act, 1976.
[357]
Vide Kerala Act 7 of
1968, section 11 (w.e.f. 22-2-1968).
[358]
Substituted
by Indian Registration (Kerala Amendment) Act 1968.
[359]
Vide Orissa Act 14 of
1989, section 10 (w.e.f. 19-9-1989).
[360]
Vide Pondicherry Act
17 of 1970, Schedule, Item (6) (w.e.f. 1-11-1970).
[361]
Vide Tripura Act 7 of
1982, section 10 (w.e.f. 1-1-1983).
[362]
Substituted
by Indian Stamp and the Registration (Tamil Nadu Amendment) Act,
2006 (Act 13 of 2008).
[363]
Substituted by the
Uttar Pradesh Act 36 of 2001, Section 16 (w.e.f. 20.05.2002.)
[364]
Substituted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[365]
Vide Andhra Pradesh
Act 16 of 1999, section 5 (w.e.f. 31-12-1998).
[366]
Vide Goa Act 24 of
1985, section 10 (w.e.f. 8-12-1985).
[367]
Vide Karnataka Act 55
of 1976, section 11 (w.e.f. 24-10-1976).
[368]
Vide Karnataka Act 41
of 1984, section 3 (w.e.f. 7-11-1986).
[369]
Substituted
by Registration (Karnataka Amendment) Act, 1976.
[370]
Inserted
by Registration (Karnataka Amendment) Act, 1984.
[371]
Vide Kerala Act 7 of
1968, section 12 (w.e.f. 22-2-1968).
[372]
Vide Orissa Act 14 of
1989, section 11 (w.e.f. 19-9-1989).
[373]
Vide Pondicherry Act
17 of 1970, Schedule Item 7 (w.e.f. 1-11-1970).
[374]
Vide Tamil Nadu Act
21 of 1966, section 6 and Schedule.
[375]
Inserted by
the Registration (Tamil Nadu Second Amendment) Act, 2000.
[376]
Vide Tripura Act 7 of
1982, section 11 (w.e.f. 1-1-1983).
[377]
Vide West Bengal Act
7 of 1989, section 11 (w.e.f 1-1-1983).
[378]
Added
by Registration (Puducherry Amendment) Act, 2004.
[379]
Substituted by the
Uttar Pradesh Act 36 of 2001, Section 17 (w.e.f. 20-05-2002).
[380]
Substituted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[381]
See G.S.R. 465,
Gazette of India, Pt. II, section 3(i), p. 499 (w.e.f. 1-4-1965).
[382]
Vide Goa Act 24 of
1985, section 11 (w.e.f. 5-12-1985).
[383]
Vide Himachal Pradesh
Act 2 of 1969, section 6 (w.e.f. 1-4-1969).
[384]
Vide Karnataka Act 55
of 1976, section 12 (w.e.f. 24-10-1976).
[385]
Substituted
by Registration (Karnataka Amendment) Act, 1976.
[386]
Vide Kerala Act 7 of
1966, section 13 (w.e.f. 22-2-1968).
[387]
Substituted
by Indian Registration (Kerala Amendment) Act, 1968.
[388]
Vide Orissa Act 14 of
1989, section 12 (w.e.f. 19-9-1989).
[389]
Vide Pondicherry Act
17 of 1970, Schedule, Item 7, (w.e.f. 1-11-1970).
[390]
Vide Punjab Act 19 of
1961, section 5 (w.e.f. 4-5-1961); Act 31 of 1966, section 88.
[391]
Substituted
by Indian Registration (Punjab Amendment) Act, 1961 (punjab).
[392]
Vide Rajasthan Act 11
of 1982, section 6 (w.e.f. 16-7-1982).
[393]
Vide Tripura Act 7 of
1982, section 12 (w.e.f. 1-1-1983).
[394]
Vide Tamil Nadu Act
21 of 1966, section 6 and Schedule.
[395]
Inserted
by Registration (Uttar Pradesh Amendment) Act, 1970 (Act 14 of 1971).
[396]
Inserted by Uttar
Pradesh Act 36 of 2001, Section 18 (w.e.f. 20.05.2002).
[397]
Substituted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[398]
Substituted by Indian
Registration (Uttarakhand Amendment) Act, 2011.
[399]
Substituted by the
Uttar Pradesh Act 36 of 2001, Section 19 (w.e.f. 20.05.2002).
[400]
Substituted
by Registration (Tamil Nadu Amendment) Act, 2012 (Act 29 of 2012).
[401]
Substitute by the
Uttar Pradesh Act 36 of 2001, Section 20 (w.e.f. 20.05.2002).
[402]
Substituted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[403]
Substituted by the
Uttar Pradesh Act 36 of 2001, Section 21 (w.e.f. 20.05.2002).
[404]
Substituted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[405]
Section 67 omitted
by Act 48 of 2001, section 8 (w.e.f. 24-9-2001).
[406]
Vide Andhra Pradesh
Act 13 of 1966, section 2 (w.e.f. 15-6-1966).
[407]
Vide Gujarat Act 18
of 1990, section 3 (w.e.f. 19-11-1990).
[408]
Vide Haryana Act 4 of
1997, section 3 (w.e.f. 12-3-1997).
[409]
Vide Rajasthan Act 18
of 1989, section 5 (w.e.f. 18-9-1989).
[410]
Vide Uttar Pradesh
Act 27 of 1994, section 6.
[411]
Omitted
by Registration (Haryana Amendment) Act, 1996.
[412]
Omitted
by Registration (Haryana Amendment) Act, 1997.
[413]
Omitted
by Registration (Karnataka Amendment) Act, 1987.
[414]
Omitted
by Registration (Puducherry Amendment) Act, 1998.
[415]
Vide Bihar Act 6 of
1991, section 5 (w.e.f. 8-8-1991).
[416]
Substituted by
the A.O. 1950, for "Provincial Government".
[417]
Certain words rep.
by Act 5 of 1917, section 6 and Schedule.
[418]
Inserted
by Act 48 of 2001, section 9 (w.e.f. 24-9-2001).
[419]
Inserted
by Act 39 of 1948, section 4.
[420]
Substituted by
the A.O. 1950, for "Provincial Government".
[421]
Substituted by
the A.O. 1937, for "Local Official Gazette".
[422]
Vide Andhra Pradesh
Act 5 of 1960, section 2 (w.e.f. 16-12-1960).
[423]
Vide Bihar Act 14 of
1947, section 3 (w.e.f. 21-4-1947).
[424]
Vide Bihar Act 24 of
1952, section 3 (w.e.f. 22-10-1952).
[425]
Vide Bihar Act 6 of
1991, section 6 (w.e.f. 8-8-1991).
[426]
Vide Bihar ordinance
7 of 1997, section 5 (w.e.f. 11-8-1997).
[427]
Added by Indian
Medical Degrees (Bihar Amendment) Act, 1949.
[428]
Inserted
by Registration (Bihar Amendment) Act, 1998.
[429]
See G.S.R. 465 of
1955, Gazette of India, 1965, Pt. II, section 3(i), p. 499.
[430]
Vide Act 11 of
1960, section 87 and Gujarat A.L.O., I960.
[431]
Vide Himachal Pradesh
Act 2 of 1969, section 7 (w.e.f. 1-4-1969).
[432]
Substituted
by Indian Registration (Himachal Pradesh Amendment) Act, 1968.
[433]
Vide Karnataka Act 55
of 1976, section 13 (w.e.f. 23-10-1976).
[434]
Vide Karnataka Act 41
of 1984, section 4 (w.e.f. 7-11-1986).
[435]
Inserted by Registration
(Karnataka Amendment) Act, 1976.
[436]
Inserted
by Registration (Karnataka Amendment) Act, 1984.
[437]
Vide Kerala Act 2 of
1959, section 3 (w.e.f. 1-6-1960).
[438]
Inserted
by Indian Registration (Kerala Amendment) Act 1958.
[439]
Vide Madhya Pradesh
Act 8 of 1955, section 2 (w.e.f. 18-4-1955).
[440]
Vide Bombay Act 24 of
1938, section 4 (w.e.f. 8-2-1939) read with Act 35 of
1958, section 2 (w.e.f. 24-4-1958).
[441]
Vide Bombay Act 35 of
1958, section 6 (w.e.f. 24-4-1958).
[442]
Vide Bombay Act 5 of
1929, section 11 (w.e.f. 25-5-1929) read with Act 35 of 1958, section
2 (w.e.f. 24-4-1958).
[443]
Vide Manipur Act 5 of
1975, section 2.
[444]
Vide Orissa Act 11 of
1976, section 2 (w.e.f. 13-4-1976).
[445]
Vide Pondicherry
Regulation 2 of 1977, section 2 (w.e.f. 1-4-1977).
[446]
Vide Punjab Act 19 of
1961, section 6 (w.e.f. 4-5-1961); Act 31 of 1966, section
88 (w.e.f. 1-11-1966).
[447]
Inserted
by Indian Registration (Punjab Amendment) Act, 1961 (punjab).
[448]
Vide Rajasthan Act 18
of 1953, section 2 (w.e.f. 10-10-1953) read with Act 27 of
1957, section 3.
[449]
Vide Rajasthan Act 11
of 1982, section 7 (w.e.f. 16-6-1982).
[450]
Vide Rajasthan Act 18
of 1989, section 6 (w.e.f. 18-9-1989).
[451]
Vide Tripura Act 7 of
1982, section 13 (w.e.f. 1-1-1983).
[452]
Vide Uttar Pradesh
Act 14 of 1971, section 5 (w.e.f. 25-5-1971).
[453]
Vide Uttar Pradesh
Act 48 of 1975, section 3 (w.e.f. 1-11-1975).
[454]
Inserted
by Registration (Uttar Pradesh Amendment) Act, 1970 (Act 14 of 1971).
[455]
Inserted by Uttar
Pradesh Act 36 of 2001, Section 23 (w.e.f. 20.05.2002).
[456]
Inserted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[457]
Inserted
by Registration (Maharashtra Amendment) Act, 2010.
[458]
Vide Andhra Pradesh
Act 16 of 1999, section 6 (w.e.f. 31-12-1998).
[459]
Vide Act 11 of
1960, section 87 and Gujarat A.L.O., I960.
[460]
Inserted by
the Registration (Tamil Nadu Second Amendment) Act, 2000.
[461]
Vide
Karnataka Act 41 of 1984, section 5 (w.e.f. 7-11-1986).
[462]
Inserted by Registration
(Karnataka Amendment) Act, 1984.
[463]
Substituted
by Registration (Karnataka Amendment) Act, 2000.
[464]
Substituted
by Registration (Karnataka Amendment) Act, 2001.
[465]
Vide Bombay Acts 17
of 1930 section 3 (w.e.f. 4-9-1930), 18 of 1933, 24 of 1938 read
with 35 of 1958, section 2 (w.e.f. 24-4-1958).
[466]
Inserted
by Registration (Puducherry Amendment) Act, 2004.
[467]
Inserted
by Registration (Kerala Amendment) Act, 2012.
[468]
The words
"Subject to the control of the "Governor-General in Council"
omitted by Act 38 of 1920, section 2. and Schedule I.
[469]
Substituted by
the A.O. 1950, for "Provincial Government".
[470]
Vide Kerala Act 7 of
1968, section 14 (w.e.f. 22-2-1968).
[471]
Inserted
by Indian Registration (Kerala Amendment) Act, 1968.
[472]
Vide Regulation 2 of
1977, section 3 (w.e.f. 1-4-1977).
[473]
Vide Rajasthan Act 16
of 1976, section 4 (w.e.f. 13-2-1976).
[474]
Vide West Bengal Act
8 of 1956, section 3 (27-1-1956).
[475]
Added by Indian
Registration (West Bengal Amendment) Act, 1955 (Act 06 of 1956).
[476]
Vide Goa Act 14 of 1985,
section 2 (27-6-1985).
[477]
Vide Tamil Nadu Act 1
of 1998, section 2 (w.e.f. 2-3-1998).
[478]
Vide Uttar Pradesh
Act 48 of 1975, section 4 (w.e.f. 1-11-1975).
[479]
Inserted by Uttar
Pradesh Act 36 of 2001, Section 24 (w.e.f. 20.05.2002).
[480]
Vide Orissa (Act No.
8 of 2002) dated 24.05.2002.
[481]
Inserted
by Registration (Assam Amendment) Act, 2013.
[482]
Inserted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[483]
Vide Andhra Pradesh
Act 4 of 1999, section 7 (w.e.f. 1-4-1999).
[484]
Vide Gujarat Act 18
of 1990, section 4 (w.e.f. 19-11-1990).
[485]
Vide Haryana Act 36
of 1973, section 2 (w.r.e.f. 1-11-1966).
[486]
Vide Gujarat Act 18
of 1990, section 4 (w.e.f. 19-11-1990).
[487]
Vide Himachal Pradesh
Act 1 of 1982, section 2 (w.e.f. 15-1-1982).
[488]
Vide Karnataka Act 19
of 1980, section 2 (w.r.e.f. 1-4-1972).
[489]
Inserted by
Public Registration (Karnataka Amendment) Act, 1975.
[490]
Inserted
by Registration (Karnataka Amendment) Act, 1976.
[491]
Inserted
by Registration (Karnataka Amendment) Act, 1980.
[492]
Vide Madhya Pradesh
Act 4 of 1999, section 3 (w.e.f. 15-10-1999).
[493]
Vide Maharashtra Act
35 of 1966, section 2 (w.e.f. 9-11-1966) and Maharashtra Act 49 of 1975,
section 2 (w.e.f. 2-10-1975).
[494]
Vide Orissa Act 19 of
1991, section 3 (w.e.f. 17-9-1991).
[495]
Vide Kerala (Act No.
21 of 1998).
[496]
Vide Punjab Act 18 of
1994, section 3 (w.e.f. 18-7-1994).
[497]
Vide Rajasthan Act 11
of 1982, section 8 (w.e.f. 16-7-1982).
[498]
Vide Tamil Nadu Act
31 of 1982, section 2 (w.e.f. 5-9-1983).
[499]
Vide Tamil Nadu Act
38 of 1987, section 3 (w.e.f. 1-1-1988).
[500]
Inserted
by Indian Stamp and the Registration (Tamil Nadu Amendment) Act,
1987 (Act 38 of 1987).
[501]
Inserted
by Registration (Tamil Nadu Amendment) Act, 1982 (Act 31 of 1982).
[502]
Vide Uttar Pradesh
Act 48 of 1975, section 5 (w.e.f. 1-11-1975).
[503]
Vide Karnataka Act 55
of 1976, section 14 (w.e.f. 23-10-1976).
[504]
Vide Bengal Act 5 of
1942, section 9 (w.e.f. 1-11-1943).
[505]
Vide West Bengal Act
23 of 1984, section 3 (w.e.f. 15-9-1984).
[506]
Substituted
by Registration (West Bengal Amendment) Act, 1981 (Act 43 of 1981).
[507]
Inserted
by Registration (West Bengal Amendment) Act, 1986 (Act 26 of 1986).
[508]
Vide Goa Act 24 of
1985, section 12 (w.e.f. 5-12-1985).
[509]
Vide Karnataka Act 55
of 1976, section 15 (w.e.f. 24-10-1976).
[510]
Inserted
by Registration (Karnataka Amendment) Act, 1976.
[511]
Vide Kerala Act 7 of
1968, section 15 (w.e.f. 22-2-1968).
[512]
Vide Orissa Act 14 of
1989, section 13 (w.e.f. 19-9-1989).
[513]
Vide Pondicherry Act
17 of 1970, section 5 (w.e.f. 18-7-1970).
[514]
Vide Tamil Nadu Act
21 of 1966, section 3 (w.e.f. 1-4-1967).
[515]
Vide Tripura Act 7 of
1982, section 14 (w.e.f. 1-1-1983).
[516]
Vide West Bengal Act
17 of 1978, section 4 (w.e.f. 1-1-1983).
[517]
Vide Goa Act 24 of
1985, section 13 (w.e.f. 5-12-1985).
[518]
Vide Karnataka Act 55
of 1976, section 16 (w.e.f. 23-10-1976).
[519]
Substituted
by Registration (Karnataka Amendment) Act, 1976.
[520]
Inserted
by Registration (Karnataka Amendment) Act, 1976.
[521]
Vide Kerala Act 7 of
1968, section 16 (w.e.f. 22-2-1968).
[522]
Vide Orissa Act 14 of
1989, section 13 (w.e.f. 19-9-1989).
[523]
Vide Pondicherry Act
17 of 1970, section 6 (w.e.f. 1-11-1970).
[524]
Vide Tamil Nadu Act
21 of 1966, section 4 (w.e.f. 1-4-1967).
[525]
Inserted
by Indian Stamp and the Registration (Tamil Nadu Amendment) Act,
1987 (Act 38 of 1987).
[526]
Vide Tripura Act 7 of
1982, section 15 (w.e.f. 1-1-1983).
[527]
Substituted
by Registration (Uttar Pradesh Amendment) Act, 1970 (Act 14 of 1971).
[528]
Vide West Bengal Act
17 of 1978, section 5 (w.e.f. 1-1-1983).
[529]
Vide Bengal Act 5 of
1942, section 10 (w.e.f. 1-11-1943).
[530]
Vide Karnataka Act 55
of 1976, section 17 (w.e.f. 23-10-1976).
[531]
Vide Madhya Pradesh
Act 8 of 1955, section 2 (w.e.f. 18-4-1955).
[532]
Inserted by Madhya
Pradesh, Act 4 of 2010, Section 10 (w.e.f. 14.01.2010).
[533]
Vide Tamil Nadu Act
38 of 1987, section 3 (w.e.f. 1-1-1988).
[534]
The words "the
Branch Inspector-General of Sindh", omitted by A.O. 1937.
[535]
Vide Goa Act 2 of
1968, section 3.
[536]
Vide Tamil Nadu Act
38 of 1987, section 3 (w.e.f. 1-1-1988).
[537]
Substituted
by Indian Stamp and the Registration (Tamil Nadu Amendment) Act,
1987 (Act 38 of 1987).
[538]
Vide Bengal Act 5 of
1942, section 11 (w.e.f. 1-11-1943).
[539]
Inserted
by Registration (Kerala Amendment) Act, 2012.
[540]
Vide Orissa Act 7 of
1964, section 2 (w.e.f. 4-5-1964).
[541]
Substituted
by Act 39 of 1948, section 5, for section 88.
[542]
Vide Andhra Pradesh
Act 38 of 1974, section 2 (w.e.f. 1-11-1974).
[543]
Inserted by Andhra
Pradesh Act 16 of 1999, Section 7 (w.e.f. 31-12-1998).
[544]
Vide Act 11 of
1960, section 87, Gujarat A.L.O. 1960.
[545]
Vide Kerala Act 7 of
1968, section 17 (w.e.f. 22-2-1968).
[546]
Vide Kerala Act 7 of
1968, section 18 (w.e.f. 22-2-1968).
[547]
Vide Madhya Pradesh
Act 42 of 1965, section 2 (w.e.f. 9-12-1965).
[548]
Vide C.P. and Berar
Act 59 of 1949, section 2 (w.e.f. 23-12-1949).
[549]
Substitution
by Indian Registration (Madhya Pradesh Amendment) Act, 1965.
[550]
Vide Bombay Act 5 of
1929, section 12 (w.e.f. 22-5-1929) read with Act 35 of
1958, section 2 (w.e.f. 24-4-1958).
[551]
Vide Bombay Act 35 of
1958, section 7 (w.e.f. 24-4-1958).
[552]
Vide Orissa Act 3 of
1938, section 40 (w.e.f. 18-3-1940).
[553]
Vide Orissa Act 17 of
1966, section 2 (w.e.f. 11-7-1966).
[554]
Vide Orissa (Act No.
8 of 2002) dated 24.05.2002.
[555]
Vide Orissa Act 14 of
1989, section 15 (w.e.f. 19-9-1989).
[556]
Inserted
by Indian Registration (Orissa Amendment) Act, 1966.
[557]
Vide Rajasthan Act 16
of 1976, section 5 (w.e.f. 13-2-1976).
[558]
Vide Tamil Nadu Act 3
of 1936, section 2 (w.e.f. 21-1-1936).
[559]
Vide Tamil Nadu Act
31 of 1974, section 2 (w.e.f. 1-10-1974).
[560]
Vide Tamil Nadu Act
31 of 1982, section 3 (w.e.f. 5-9-1983).
[561]
Vide Tamil Nadu Act
21 of 1986, section 5 (w.e.f. 1-4-1967).
[562]
Inserted by Tamil
Nadu Act 3 of 1987, section 2 (w.e.f. 1-4-1987).
[563]
Vide Tamil Nadu Act
26 of 1981, section 2.
[564]
Inserted
by Indian Registration (Madras Amendment) Act, 1966 (Act 21 of 1966).
[565]
Inserted
by Registration (Tamil Nadu Amendment) Act, 1981 (Act 26 of 1981).
[566]
Added
by Registration (Tamil Nadu Amendment) Act, 1982 (Act 31 of 1982).
[567]
Inserted
by Registration (Tamil Nadu Amendment) Act, 1986 (Act 03 of 1987).
[568]
Inserted by
the Registration (Tamil Nadu Amendment) Act, 1974.
[569]
Inserted by
the Registration (Tamil Nadu Second Amendment) Act, 2000.
[570]
Vide Goa Act 24 of
1985, section 14 (w.e.f. 5-12-1985).
[571]
Vide Karnataka Act 41
of 1984, section 5 (w.e.f. 7-11-1986).
[572]
Inserted
by Registration (Karnataka Amendment) Act, 1976.
[573]
Vide Pondicherry Act
17 of 1970, section 7 (w.e.f. 1-11-1970).
[574]
Added
by Registration (Puducherry Amendment) Act, 2004.
[575]
Vide West
Bengal Act 17 of 1978, section 6 (w.e.f. 1-1-1983).
[576]
Inserted
by Indian Registration (Uttarakhand Amendment) Act, 2011.
[577]
Substituted by Uttar
Pradesh Act 36 of 2001, section 25 (w.e.f. 22.05.2002).
[578]
Inserted
by Registration (Maharashtra Amendment) Act, 2010.
[579]
Vide Goa,
Daman
and Diu Act 2 of 1968, section 4.
[580]
Section 91 renumbered
as sub-section (1) thereof by Act 20 of 1983, section 2 and Schedule.
[581]
Substituted by
the A.O. 1950, for "Provincial Government".
[582]
Substituted by
the A.O. 1950, for "State Government prescribes in this behalf."
[583]
Inserted
by Act 20 of 1983, section 2 and Schedule.
[584]
Vide Tripura Act 7 of
1982, section 16 (w.e.f. 1-1-1983).
[585]
Vide Pondicherry Act
17 of 1970, section 8 (w.e.f. 1-11-1970).
[586]
Vide Tamil Nadu Act
21 of 1966, section 6 (w.e.f. 1-4-1967).
[587]
Vide West Bengal Act
17 of 1978, section 7 (w.e.f. 1-1-1983).