KARNATAKA REGISTRATION (DEED WRITERS LICENCE) RULES, 1979

PREAMBLE

In exercise of the powers conferred by Section 69 of the Registration Act, 1908 (Central Act XVI of 1908), the Government of Karnataka hereby makes the following Rules, namely.

Rule - 1. Short Title and Commencement.

(1)     These rules may be called the Karnataka Registration (Deed Writers Licence) Rules, 1979.

(2)     It shall come into force on such date as the State Government may by notification appoints.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires:

(i)       "Deed Writer" means a person engaged in the profession of preparing or writing deeds for registration, which includes the work of conveyancing, investigation of title, preparation of draft deed and engrossing deed on Stamp paper;

(ii)      "Form" means a form appended to these Rules;

(iii)     "Licence" means a Deed Writers* Licence granted under these rules;

(iv)    "Licensing Authority" for the purpose of these rules shall in respect of each District or sub-district be the concerned District Registrar.

Rule - 3. Licence to whom granted.

(1)     Subject to the provisions of these rules and payment of the fee prescribed a Deed Writers' Licence may be granted:

(i)       to any retired officer of the Judicial, Registration or Law Department of the Karnataka State, not below the rank of a Class III Officer;

or

(ii)      any person who has passed the Deed Writers' Licencing Test;

or

(iii)     any person who on the date of the commencement of these rules was in possession of a document writers' licence granted to him under the rules for licencing document writers' in force in Belgaum Area;

or

(iv)    any other person who proves to the satisfaction of the licencing authority that he has continuously practised as a document writer in the State of Karnataka for a period of not less than five years immediately preceding the date of commencement of these rules.

(2)     A licence under these rules may be granted in respect of a district, or a sub-district, or sub-districts or both.

Rule - 4. Disqualification.

(1)     A licence shall not be granted to a person

(a)      if he is a minor;

(b)      if he has been declared by a Competent Court to be of unsound mind;

(c)      if he is an undischarged insolvent or being a discharged insolvent has not obtained from the Court which adjudged him as insolvent, a certificate that his insolvency was caused by misfortune without any misconduct on his part;

(d)      in the case of an advocate or other legal practitioner, if he has been dismissed or is under suspension, from practising as such by order of any Competent Court;

(e)      if he has been convicted by a Criminal Court: for an offence involving moral turpitude before the expiry of three years from the date of conviction or before the expiry of the period of sentence whichever period expires latter;

(f)       if he is a deaf mute;

(g)      if he is a leper;

(h)     in the case of a retired officer, if his retirement had been the result of misconduct;

(i)       if his licence is at any time been cancelled and the order cancelling the licence has not been quashed by Competent Authority;

(j)       if he is a licensed stamp vendor;

(k)      if he is an officer retired from Government service whose pension has been withheld either wholly or in part due to his misconduct or negligence and such period for which the pension is so withheld has not expired.

(2)     In the case of refusal to grant the licence, the Licensing Authority shall record his reasons for the same and communicate a copy of the order to the person applying for licence.

Rule - 5. Application for licence.

(1)     Application for a Deed Writers' Licence shall be in Form 'A', and that for a renewal in Form 'B' and shall be accompanied by the prescribed fee.

Rule - 6. Mode of Application.

(1)     Application for Deed Writer's Licence or for a renewal thereof shall be presented in person or by agent or sent by registered post to the Sub-Registrar under whose jurisdiction the applicant resides or to whose office he desires to be attached primarily.

(2)     All applications received by the Sub-Registrar shall be forwarded with his remarks to the Licensing Authority with his recommendation.

Rule - 7. Issue of Licence.

(1)     Licenses granted by the Licensing Authority will be issued through the Sub-Registrar to whom the application for licence was sent or presented.

(2)     The Deed Writer's Licence shall be in Form 'C'.

(3)     If a licence is lost or destroyed, a duplicate may or adequate proof of such loss or destruction be issued to the Licensee on payment of a fee of rupee one.

(4)     (a) The licence issued to a Deed Writer shall unless renewed, expire at the end of one calendar year, or on the 31st March of a calendar year whichever is earlier. The applications for renewal shall be made through the concerned Sub-Registrar to the Licensing Authority in Form 'B' on or before the 1st day of March every year and any renewal granted by the Licensing Authority shall be endorsed on the back of the licence:

Provided that the Licensing Authority may for sufficient cause shown condone the delay in making the applications for renewal.

(b) A licence shall not be renewed:

(i)       if the licensee fails or has failed to observe any of the conditions of his licence or contravenes any of the provisions of these rules or is found guilty of disobedience of any order passed under these rules; or

(ii)      during the period for which the licence has been suspended or after accruing the licence, the licensee became disqualified for grant of a licence under Rule 5.

(5)     In the case of refusal to renew the licence, the Licensing Authority shall record his reason for the same and communicate a copy of the order to the person concerned.

Rule - 8. Appeal.

An appeal against an order refusing the grant or renewal of the licence shall be to the Inspector General of Registration and Commissioner of Stamps within a period of sixty days from the date of communication to the person concerned of the order refusing the grant or renewal. The order of the Inspector General of Registration will be final.

Rule - 9. Fees.

[1][(1) Fees at the following rates shall be levied on the application for Deed Writers' Licence and for their yearly renewals:-

(2)   The fee shall be paid in cash to the Sub-Registrar referred to in Rule 6.

(3)   The Sub-Registrar shall issue receipt in respect of fee levied under sub-rule (1) in Form 'G' and remit the same on the next working day into the Treasury or Reserve Bank of India, Bangalore, or its Agency Banks in the State, as the case may be, and shall maintain separate account in such form and in such manner as directed by the Inspector General of Registration, from time to time.

(4)   If the Licence or renewal thereof is refused, (he fee so levied shall be refunded to the applicant.]

Rule - 10. Conditions attached to the Deed Writers' Licence.

The following conditions shall be deemed to be attached to the Deed Writers' Licence:

(a)      That the Licensee shall abide by the rules relating to the licensing of Deed Writers'.

(b)      That he shall not demand or receive any fees in excess of the amount specified in the schedule of fees appended to these rules, for the services rendered by him as a document writer.

(c)      That, he shall exhibit the schedule of fees in a conspicuous place in his office.

(d)      That he shall maintain the registers, receipt books and other records prescribed by these rules to be maintained or required to be maintained by the Licensing Authority from time to time.

(e)      That he shall render true and correct accounts of the moneys, he received from the parties.

(f)       That he shall write documents legibly and in accordance with the instructions that may be issued from time to time by the Licensing Authority.

(g)      That he shall write or caused to be written deeds carefully, properly and in clear and unambiguous terms,

(h)     That he shall obey all directions that may from time to time be issued by the Licensing Authority regarding the preparation of transcription of documents.

Rule - 11. List of Deed Writers' to be published.

The licence numbers and the full name of Deed Writers for the whole district and the Sub-District concerned, shall be published on the notice board in each Sub-Registry office.

Rule - 12. Deeds how Written.

Every deed writer shall obey the directions that may from time to time be issued by the Licensing Authority with regard to the use of Stamp papers and other papers in the preparation of deeds for registration.

Rule - 13. Attestation of Deeds.

Every deed prepared by a Deed Writer shall be attested by him in the following manner, namely;

"Prepared by name in full (with Licence No. of Licensed Deed Writer and signature).

Rule - 14. Registers.

A Deed Writer shall maintain

(1)       a register in Form 'D'; and

(2)       a receipt book with counterfoil in Form 'E' and shall give receipts for all moneys received on account of work connected with every deed prepared by him.

Rule - 15. Inspection of Records.

The Register and Receipt Book shall at all times be open to inspection by the Officers of the Department who shall initial them after inspection. The licence shall also be produced for inspection on demand by the District Registrar, Inspector General of Registration, Head-Quarters Assistant to the District Registrar and the Licensing Authority.

Rule - 16. Powers and Duties of Licensing Authority.

The Licensing Authority shall have powers to

(a)      grant licences to Deed Writers;

(b)      renew licences;

(c)      cancel, revoke or suspend licences granted under the rules;

(d)      issue to the Deed Writers such directions as may be necessary for effectively carrying out the purposes of these rules.

Rule - 17.

The District Registrar shall be competent to renew the District and Sub-District Licences.

Rule - 18.

The Licensing Authority shall keep a Register in Form 'F' for Deed Writers.

Rule - 19. Deed Writers' Licensing Test.

(1)     An examination to be called "The Deed Writers' Licensing Tests" shall be conducted by the Inspector-General of Registration. The time and place of the Examination and the language in which candidates will be examined shall be notified in the Gazette.

(2)     The test shall consist of an examination in the Stamp and Registration laws and also in conveyancing or the drafting of the document and any other subject, which may be prescribed by the Inspector-General of Registration.

(3)     The test shall be conducted at such time and in such manner as may be notified in the Gazette.

(4)     An examination fee of Rs. 5-00 shall be levied on each application for admission to the Deed Writers' Licensing Test.

Rule - 20. Qualification.

A pass in the VIII Standard or similar examination will be the minimum qualification for admission to the Deed Writers' Licensing Test.

Rule - 21. Application.

Application for admission to the Deed Writers Licensing Test shall be sent to such authority in such manner, and in such form as may be notified in the Gazette.

Rule - 22. Suspension of Deed Writers' Licence.

(1)     A licence granted under these rules to a Deed Writer may be suspended by the Licensing Authority for a period which shall be specified in the order of suspension if he

(i)       fails to maintain the registers and to issue receipts regularly as required by Rule 17;

(ii)      has acted as a tout;

(iii)     contravenes any of the provisions of these rules or any of the conditions of his licence or is found guilty of disobedience to any lawful order passed under these rules;

(iv)    is found guilty of any abetment of or participation in any illegal transaction or dealings with the staff attached to the registration office;

(v)      conducts or behaves himself improperly in the registration office.

(2)     No such licence shall be suspended under sub-rule (1), unless the Deed Writer concerned has been given an opportunity of being heard. The order of such suspension shall also be communicated to him.

Rule - 23. Cancellation of Deed Writers' Licence.

A licence granted under these rules to a Deed Writer may be cancelled by the Licensing Authority, if

(a)      his licence has been suspended three times during the course of two consecutive years:

Provided that where the suspension of the licence is for demanding or receiving . fees in excess of the amounts specified in the Schedule of fees, the licence may be cancelled if it has been suspended twice during the course of two consecutive years.

(b)      he becomes disqualified on any of the grounds specified in Rule 4;

(c)      no such licences shall be cancelled under sub-rule (1) unless the Deed Writer concerned has been given an opportunity of being heard. The order of such cancellation shall also be communicated to him.

Rule - 24. Power of suspension or cancellation of a licence.

The power to suspend or cancel any licence granted under these rules, shall lie in the Licensing Authority concerned.

Rule - 25. Appeals.

An appeal shall he to the Inspector-General of Registration against any order of suspension or cancellation of a Deed Writers' Licence within a period of sixty days from the date of communication of the order. The order of the Inspector-General of Registration shall be final.

Rule - 26. Repeals.

The Bombay Document Writers' Licence Rules are hereby repealed:

Provided that the repeal shall not affect the previous operation of the rules so repealed or anything duly done or suffered thereunder:

Provided further that anything done or any action taken or orders made or notification or directions issued shall be deemed to have been taken, made or issued or done under the corresponding provisions of the rules.

SCHEDULE

SCHEDULE OF EEES

[See Rule 10]