The
following rules, further to amend the Karnataka Registration Rules, 1965 made
by the Inspector General of Registration and Commissioner of Stamps for the
State of Karnataka in exercise of the powers conferred by sub-section (1) of
Section 69 of the Registration Act, 1908 (Central Act 16 of 1908) as applicable
to the State of Karnataka and of all other powers enabling him in his behalf,
having been approved by the Government of Karnataka, are hereby published for
general information namely,-- (1)
These rules may be called Karnataka
Registration (Amendment) Rules, 2002. (2)
They shall come into force on date of
their publication in the Official Gazette. In
Rule 22 of the Karnataka Registration Rules, 1965 (hereinafter referred to as
the 'said rules'),-- (1)
in clause (i), the following shall be
omitted, namely -- "The
Additional Register-Books shall be in the form of file books with numbered
butts and shall be in the following form, namely -- COLUMN 1 (Space for Binding) "Serial number of document" with notes of erasures,
interlineations, blanks or alteration under Rule 121 (i) (Space for pasting printed form)", (2)
after sub-rule (iii), the following
shall be inserted, namely.-- "(iv) The copy
of the document shall be prepared on the "Document copying sheets"
available for sale in the Registration Office or in such place as directed by
the Inspector General of Registration or on Bond paper or White paper of
thickness 80 GSM and shall be first typed copy or printed or lithographed on A4
(210 x 297 mm) size paper. It shall have 1.5" margin on left side,
1.0" on top and bottom and 0.5" on the right side. (v) The document
copying sheet shall bear printed words "Government of Karnataka,
Registration and Stamp Department" with the State Emblem in the middle at
the top outside the border line". After
Rule 22 of the said Rules, the following new rules shall be inserted, namely.-- "22-A. Preparation of copy.-- (i)
The copy shall be typed, printed or
lithographed or computed printed on document copying sheet in clear and legible
lines. The typing, printing, lithographing or computer printing shall be in
long lasting black ink. (ii)
Each page of the copy of the document
shall be an exact reproduction of the page of the original document; however it
need not be a facsimile copy. Everything appearing in each page of the original
document including the signatures of the parties,. attesting witnesses, etc.,
shall be faithfully copied in the copy. (iii)
Both sides of each sheet may be used
for preparing the copy. No part of the copy shall be typed, printed or
lithographed or computer printed outside the border area specified. (iv)
If it is necessary to correct a word
or figure, the incorrect word or figure shall be scored out instead of
overwriting and the correct one written afresh. No altered word or figure shall
be allowed to remain in the copy without being scored out. No word or letter
shall be overwritten or typed by using transparent fluid. (v)
The Stamp Vendor's endorsement on each
of the stamp papers shall not be copied by the person preparing the copy. The
same shall be copied by the staff of the Registration department (vi)
The copy shall be signed by the
executant and presentant of the document for registration, at the end of each
page. 22-B. Documents registered in duplicate, etc.-- (i)
When a document is presented for registration
in duplicate or in more than two copies, it shall not be necessary to present
more than one filing copy. (ii)
If the copy appears to the registering
officer to be defective in respect of any such requirement, it shall be
returned to the presentant with advice to resubmit the same after rectifying
the defects or with a fresh copy free from such defect. 22-C. Procedure on admission of document to registration
and mode of authenticating copy and filing it.-- (i)
The copy presented with the document
shall be compared by the staff of the registration office with the original
document carefully. Such entries and corrections shall be made in the copy as
may be necessary to make it an exact copy of the original (ii)
Immediately after copying the document
(including the copy of the signatures of the parties and attesting witnesses
and of the document writer) the Stamp Vendor's endorsements shall be copied by
a member of the staff of the registration office. The value of the stamps
(stamp papers) borne by the document shall then be entered in the copy in the
language of the document. When no stamp is used for the document, the entry to
be made shall be 'Stamp NIL'. Any certificate on the document relating to stamp
duty shall then be copied. (iii)
The heading "copy of endorsements
and certificate" shall be copied on the line next below the line
containing the stamp entry and below such heading shall be copied the
endorsements made on the document (iv)
After the copy has been compared and
made an exact copy of the original including the endorsements and compared, the
volume of the register book in which it is to be filed shall be determined and
the page numbers to be assigned in the volume shall be affixed on the pages of
the copy by a numbering machine. (v)
The registration certificate required
by Section 60 shall then be entered on the document showing therein the number
of volume of the register book and the pages in which the copy of the document
is filed. The registration certificate required to be copied under sub-section
(1) of Sectional shall then be copied in the copy immediately after the copy of
the endorsements. (vi)
After the registration certificate is
copied the procedure prescribed in Rule 122 of these Rules shall be followed. (vii)
The completed register book volumes
shall be got bound at the registration office, concerned in the presence of the
registering officer, in such manner and at such intervals as may be prescribed
by the Inspector General of Registration. It is the collective responsibility
of the staff of the office to preserve these records till it is bound into
volume". In
Rule 40 of the said Rules, after sub-rule (i), the following shall be inserted,
namely.-- "(i-a) The person presenting the document shall
produce his two recent passport size photographs. One photograph shall be
affixed to the document at the appropriate place in the presentation
endorsement made as per Rule 94 and the other shall be similarly affixed to the
thumb impression register, where the thumb impression and signature, if any, of
the presentant is obtained. (i-b) Without prejudice to sub-rule (i-a), the registering
officer may obtain digital photograph of the presentant and cause it to be
printed at appropriate place in presentation endorsement and thumb impression
register, if he is equipped with a suitable device for the said purpose. (i-c) After affixing the photograph in the presentation
endorsement and in the thumb impression register, Registering authority shall
sign across the same carefully to ensure that it cannot be removed. If possible
such photographs may be got laminated". In
Rule 71 of the said Rules, after sub-rule (ii), the following shall be
inserted, namely.-- "(iii) Every
person executing a document as referred to in sub-rules (i) and (ii) of this
rule, shall produce to the registering officer, two recent passport size
photographs at the time of recording of admission of execution. One photograph
shall be affixed to the document at the appropriate place in the admission of
execution endorsement made as per Rule 94, and the other to the thumb
impression register where thumb impression and signature, if any, of the
executant is obtained. (iv) Without
prejudice to sub-rule (iii) of this rule registering officer may obtain digital
photographs of the executants and cause it to be printed at appropriate place
in admission of execution, endorsement and thumb impression register, if he is
equipped with a suitable device for the said purpose. (v) (a)
If the document relates to the transfer of ownership of immovable property,
which involves more than one buyer and seller of such property described in the
document then each buyer and seller shall give his thumb impression and shall
also produce to the Registering Officer, two recent passport size photographs,
one to be affixed to the document at appropriate place in the endorsement made
as per Rule 94, and the other to be affixed to the thumb impression register,
where thumb impression and signature, if any, of the buyer and seller is
obtained. (b)
If the buyer or seller or both are represented by a Power of Attorney
holder(s), such Power of Attorney holder(s) shall produce to the Registering
Officer his or their two recent passport size photographs and two photographs
each of the buyer or seller, as the case may be. One of such photographs shall
be affixed to the document at an appropriate place in the endorsement made as
per Rule 94, and the other shall be affixed to the thumb impression register,
where the thumb impression or signature, if any, of such Power of Attorney
holder is obtained and the Power of Attorney holder(s) shall attest the
photographs of his principal on the document and on the thumb impression
register. (vi) Without
prejudice to sub-rule (v) the Registering officer may obtain digital
photographs of the buyer and the seller and cause it to be printed at
appropriate place in the endorsement and thumb impression register, if he is
equipped with a suitable device for the said purpose. (vii) After affixing
the photograph in the endorsement and in the thumb impression register, the
registering authority shall sign across the same carefully to ensure that it
cannot be removed. If possible such photographs may be got laminated". In
Rule 81 of the said Rules,-- (a)
in sub-rule (i), in clause (b), for
the words ''one witness", the words "two witnesses'" shall be
substituted', (b)
after sub-rule (ii), the following
shall be inserted, namely.-- "(iii) Every
person identifying the presentant or the executant or both shall produce his
two recent passport size photographs to the registering officer. One photograph
shall be affixed to at the appropriate place in the endorsement made as per
Rule 94 and the other shall be affixed to the thumb impression register, where
these two identifying witness shall invariably sign, if literate and affix
their thumb impression. (iv) Identification
by deed writer, Stamp vendors, petition writers and hangers-on in office shall
be avoided. Care must be taken that identification does not become a business. (v) After affixing
the photograph in the endorsement and in the thumb impression register, the
registering authority shall sign across the same carefully to ensure that it
cannot be removed. If possible such photographs may be got laminated". In
Rule 203 of the said Rules, after sub-rule (ii), the following shall be
inserted, namely,-- "(iii) When a
document is executed by a person exempted under Section 88 of the Act, is
presented by a private individual who is a party to the document, the person
presenting the document shall produce to the registering officer two recent
passport size photographs of the person so exempted and his photographs. One
shall be affixed to the document at appropriate place in the endorsement made
as per Rule 94 and Rule 204 and the other to the thumb impression register
where the signature and thumb impression is obtained. The photograph of the
person exempted under Section 88 shall also be affixed to the thumb impression
register in the appropriate place. (iv) The Inspector
General of Registration may on an application by the person exempted under
Section 88 by order, exempt the production of photograph of such person for any
subsequent document, if the photograph of such person, has already been affixed
to the thumb impression register, in connection with a document previously
registered". After
Rule 205 of the said Rules, the following rule shall be inserted, namely.-- "205-A. Collective responsibility of the staff of
Sub-Registrar.-- Although
the Sub-Registrar is generally responsible for the records as head of the
office, it is the collective responsibility of all staff including Group 'D'
officials of the office to preserve the public records and to take care for
their safe custody, longevity and prevent their deterioration due to pests
attack, weather etc.".KARNATAKA REGISTRATION (AMENDMENT) RULES,
2002
PREAMBLE