PREAMBLE
The following rules made by the
Inspector-General of Registration for the State S.69. of Maharashtra in
exercise of the powers conferred by section 69 of the Indian Registration Act,
1908 (XVI of 1908), in its application to the State of Maharashtra and of all
other powers enabling him in this behalf and in supersession of the Rules
mentioned in the margin, having been approved by the Government of Maharashtra,
are hereby published for general information, namely:
1.
The
Central Provinces and Berar Registration Rules, 1939.
2.
The
Bombay Registration Rules, 1946.
3.
The
Hyderabad Registration Rules, 1956.
I.
PRELIMINARY
Rule - 1. Short title.
(1)
These
rules may be called the Maharashtra Registration Rules, 1961.
(2)
They
shall come into force on the first day of January 1962.
Rule - 2. In these Rules, unless the context otherwise requires.
(1)
"
Act " means the [* *] Registration
Act, 1908;
(2)
"
Form " means a Form appended to these rules;
[(2A)
"Headquarters Sub-Registrar" means a Sub Registrar designated as such
by the appointing authority and posted at the headquarters of a registration
district;]
(3)
"
Index " means an index mentioned in section 55;
(4)
"
Inspector " means an Inspector of Registration Offices appointed under
section 8;
(5)
"
register books " means the books kept under section 51 and includes
additional register books opened under rule 9 and supplement to register book
No. 1, opened under rule 10;
[(5A)
"registration office " means the office of a Registrar or of a
Sub-Registrar;]
(6)
"
Schedule " means a Schedule appended to these rules;
(7)
"
section " means a section of the Act;
(8)
[" Sub-Registrar
" includes a Joint Sub-Registrar and a Headquarters Sub-Registrar.]
II.
CERTAIN SUB-REGISTRARS TO HOLD OFFICE AT OUT-STATIONS
Rule - 3. Sub-Registrar's visits to out-stations.
The Sub-Registrar of such sub-districts as
may be specified by the Inspector-General of Registration by notification in
the Official Gazette shall hold their offices at such out-stations and during
such periods as may be specified in such notification:
Provided that the Inspector-General of
Registration may, for special reasons to be recorded in writing, order that any
of such Sub-Registrar shall hold his office at the headquarters instead of at
the out-station during the whole or any part of the period specified in the
said notification:
Provided further that the Inspector-General
of Registration may, by notification in the Official Gazette, direct that in
lieu of any of such Sub-Registrars, the Joint Sub-Registrar of the same
sub-district shall hold his office at the out-station and during the period
specified in the notification issued under the foregoing provision of this
rule.
III.
LANGUAGES RECOGNISED
Rule - [4. Languages in use in districts.
Languages deemed to be commonly used in each
of the following districts shall be as specified below, namely:
(a)
in
the districts of Bombay and Bombay SuburbanMarathi, Hindi (written in the
Devanagari script), Gujarati and English;
(b)
elsewhere
in the StateMarathi, Hindi (written in the Devanagari script) and English.]
IV.
TERRITORIAL DIVISIONS
Rule - 5. Territorial divisions for purposes of section 21.
The territorial divisions recognised for the
purposes of sub-section (3) of section 21, shall be,
(a)
within
the limits of the ordinary original civil jurisdiction of the High Court of
Judicature at Bombay, the district and Sub-district of Bombay, and
(b)
elsewhere,
the district, sub-district, the taluka, and village or township wherein the
immovable property affected by the document is situated.
V.
OFFICE HOURS
Rule - [6. Office hours of registration offices.
Registration offices shall be Kept open daily
(Sunday, second and fourth Saturday of every month and holidays excepted) as
follows:
(a)
In
the districts of Bombay and Bombay Suburbanon all week days, from 10-00 a.m. to
5-00 p.m. with half an hour recess between 1-00 p.m. and 1-30 p.m.
(b)
Elsewhere
in the State on week-days, between such hours of the day not less than seven
hours as the Registrar may fix, and where no such hours are fixed from 10-30
a.m. to 5-30 p.m.] With half an hour
recess between 2-30 to 3-00 p.m.
VI.
HOLIDAYS
Rule - 7. Holidays.
The holidays to be observed in registration
offices shall be the days notified by the Government under section 25 of the
Negotiable Instruments Act, 1881, as public holidays and such other holidays as
are sanctioned for the revenue offices of the district in which the
registration office is situated.
VII. BOOKS AND FORMS
Rule - 8. Forms of register books.
The register books numbers
1 to 5 required to be kept under section 50 shall be in Forms A, B, C, D and E,
respectively.
Rule - 9.[Opening of additional register books in certain cases.][7]
(1) Special volumes of
register books numbers 1, 3 and 4 (in the rules referred to as the "
additional register books") may be opened in any registration office,
where documents prepared on printed or lithographed forms are presented for
registration by the parties or are drawn up in the office [or where by a
notification in the Official Gazette, the Inspector-General of Registration may
permit the presentation of typed documents with spare typed or first carbon
copies thereof for registration by the parties]. The additional register books
shall be in the form of file books with numbered butts and shall be in the
following form, namely:
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Column 1
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(Space of binding).
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"Serial No. of document".
(with notes of erasures, interlineations, blanks or alterations under rule
53).
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(Space for pasting printed form).
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(2) [The copy of each
document prepared on printed or lithographed form with endorsements thereon in
the original shall be made by filling in blanks in the spare copy of the form
of such document supplied by the parties or by the Department and by copying
the endorsements on the spare copy or on a separate sheet of paper, when
necessary. Each sheet of such copy or, where typed documents with spare typed
or first carbon copies thereof are presented for registration, each sheet of
such spare typed or first carbon copy, with the endorsement of the registering
officer and the stamp vendor on the original document copied thereon or on a
separate sheet of paper when necessary shall then be pasted on a separate
numbered butt in the appropriate additional register book and the registering
officer shall write his signature and the date, and shall affix the seal of the
office, so that both signature and seal may be partly on each butt so used and
partly on the sheet pasted thereon.
(3) All documents entered
in the additional register books shall be numbered in separate series as that
of the documents copied in the ordinary volumes of the register books.
(4) The procedure for
presentation of typed documents with spare typed or first carbon copies thereof
shall be notified by the Inspector-General of Registration in the Official
Gazette, and if in any case, such procedure is not followed by the party
presenting the documents, the documents shall not be registered in the
additional register book under this rule.]
Rule - 10. Supplement to register book No. 1 and file of copies and translations.
(1) Supplement to
register book No. 1 shall be kept as follows:
Part I (for the
purposes of sections 64, 65, 66 and 67);
Part II (for copies
of maps or plans mentioned in section 21);
Part III (for copies
of certificates of sale of immoveable property granted by Civil Courts, revenue
officers and such other officers as may be specific in this behalf by the
Inspector-General of Registration from time to time);
Part IV (for
statement regarding land acquired under the Land Acquisition Act, 1894, *****
received from the Collector);
[Part V (for copies
of instruments received under section 122 of the Maharashtra Co-operative
Societies Act, 1960)];
Part VI (for
memoranda received under sections 18 and 28-A of the Bombay Public Trust Act,
1950;
Part VII Copies of
instruments received under section 58 of the Maharashtra Provision of
Facilities for Agriculture Credit by Banks Act, 1974.
(2) A separate file shall
be kept for filing copies and translations of documents presented under sections
19 and 62. The copies and translations filed in this file shall be connected by
cross reference with the entries in the register books.
Rule - 11. File of copies of TagaviBonds.
A separate file
styled " File of copies of Tagavi bonds " shall be opened for filing
copies received under sub-section (1) or (3) of section 89.
Rule - 12. Minute Book and its use.
Every registering
officer shall keep a Minute Book in Form F, and shall enter therein in his own
hand, a short note of every case of suspension or deviation from ordinary
procedure of acceptance for, and admission to, registration and shall also
record therein notes of such other proceedings of cases as may, from time to
time, be specified by the Inspector-General of Registration. Every such note shall
be signed and dated by the registering officer:
Provided that in the
district of Bombay the Sub-Registrar and else where the Registrar may delegate
the duty of writing such note to a Head Clerk or Head Quarter Sub-Registrar
respectively but the Sub-Registrar and the Registrar shall sign below the note.
Such note shall be necessary.
(a) when a Registrar or
Sub-Registrar impounds a document for insufficiency of stamp duty;
(b) when a Sub-Registrar
postpones registration pending receipt of sanction to the levy of fine;
(c) when a Sub-Registrar
refuses registration;
(d) when a document is
received out of office hours or at another place;
(e) when a summons is
issued for enforcing the attendance of the executant or other witnesses;
(f) when a document is
withdrawn;
(g) when a document is
returned for removal of ordinary impediments.
Rule - 13. Day Book.
Every registering
officer shall keep a Day Book in Form G.
Rule - 14. Cash Book.
In every registration
office there shall be kept a Cash Book in Form H. All fees received in respect
of registration, grant of copies and authentication (or attestation) of
powers-of-attorney and all other fees, fines and moneys recovered by the
registering officer shall be brought to account in the Cash Book every day and
the registering officer shall sign the same in token of the correctness of the
day's total.
Rule - 15. Register of powers of attorney.
Every registering
officer shall keep a register of the powers-of-attorney authenticated or
attested by him under section 33 in Form I. The entries in this register shall
be made for each calendar year.
Rule - 16. Forms of memoranda under sections 64 to 67.
The memoranda of
documents required to be made under sections 64, 65, 66 and 67 shall be in Form
J.
Rule - 17. Manner of certifying and verifying pages of new register books and the simultaneous use thereof
(1) Every officer shall
certify under his signature [on the back side of
the title page] of every register book issued by him, the number of pages
actually contained in such book as required by sub-section (2) of section 16
and shall also note the date of issue thereon.
(2) Every registering
officer on receiving a new register book shall count its pages and satisfy
himself that their number tallies with that given in the certificate [on the back side of
the title page]. If it so tallies, the registering officer shall certify to
that effect [on the back side of
the title page] and note thereon the date of the certificate. If the number
does not so tally, he shall return the register book to the issuing officer for
rectifying the error. The registering officer shall note on every register book
received by him the date of its receipt by him under his signature, and shall
take out the books for use in order of their receipt:
Provided that when
the volume of copying work is great, two or more volumes of register books No.
1, 3 and 4 may be used simultaneously. In such case, the use of the register
books shall be regulated according to the regulations made by the
Inspector-General of Registration in this behalf.
(3) When a book is
Written up or completed, the registering officer shall examine it and certify
at the end of the book that the paging is correct according to the
certificate [on the back side of
the title page]. If any discrepancy in the paging is found, he shall at once
report it to the Registrar.
Rule - 18. Numbering of volumes of register books.
The volumes of each
register book shall be numbered in a consecutive series which shall not
terminate with the year, but be carried on perpetually; and it shall not be
necessary to commence a fresh volume of a register book at the beginning of a
year.
VIII.
SAFE CUSTODY OF BOOKS, PAPERS AND DOCUMENTS
Rule - 19. Manner of keeping of register books and records when not in use.
The office of every Registrar and
Sub-Registrar shall be provided with shelves, presses or almirahs, sufficiently
large to contain the register books and other records. All register books and
other records and all papers and documents in the custody of a registering
officer other than documents kept by a Registrar in a fire-proof box shall,
when not required during office hours, be kept in such shelves, presses or
almirahs, as the case may be.
Rule - 20. Transfer of completed records to central officerecord in charge of Headquarters Sub-Registrar.
(1)
Every
office of the Registrar shall function as the, central office of record for the
district and the record therein shall be in charge of the [Headquarters
Sub-Registrar]:
Provided that wherever a record room is not
provided in the office of any Register for keeping records of the district,
such office shall function as a central office of record only after a record
room is provided therein for keeping such records.
(2)
The
complete volumes of the under mentioned books dating back over five years and
belonging to the office of a Sub-Registrar situated outside the district of
Bombay shall, at the commencement of each calendar year, be transferred to the
central office of record:
Register books Nos. 1, 2, 3 and 4.
Additional register books Nos. 1, 2 and 4.
Supplements to register books Nos. [Parts I, II, (III,
IV and VI)] VI, VII
Thumb Print Registers.
Files kept under sub-rule (2) of rule 10.
(3)
Completed
Minute Books, Cash Books and Day Books and the files of copies of Tagavi bonds
shall be retained by Sub-Registrars in their own offices until they are
destroyed in accordance with the rules for the destruction of such records made
by Government.
(4)
The
indexes made in the office of each Sub-Registrar shall be bound and retained in
that office and shall be transferred to the central office of record when the
register books are transferred to it under sub-rule (2). Such indexes shall be
kept separate from the indexes made in the office of the Registrar.
(5)
in
the District of Bombay and in any other district in which the office of the
Registrar has not commenced to function as the central office of record, all
the books and other records referred to in sub-rules (2) (3) and (4) shall be
kept by the Sub-Registrar in his own record room.
(6)
This
rule shall not apply to the districts or sub-districts specified in a
notification issued under sub-section (1) of section 70-C.
IX.
RE-COPYING OF REGISTER BOOKS
Rule - 21. Manner of recopying register books or portions thereof.
(1)
A
Registrar may, on the report of an Inspector made to him under sub-rule (2) of
rule 76 or after personal inspection, by a written order direct under
sub-section (5) of section 51, that any particular register book or portion
thereof which is in danger of being destroyed or becoming wholly or partially
illegible shall be re-copied by hand or by photography as he may deem fit:
Provided that where only a portion of an
entry is in danger of being destroyed or becoming illegible, the Registrar
shall direct that the whole entry including the true-copy certificate shall be
re-copied.
(2)
Every
entry which is directed to be re-copied shall be re-copied in the new register
book in its entirety along with the true-copy certificate and each entry so
re-copied shall be carefully compared with the entry in the original register
book. The registering officer shall then certify under his signature in the
manner laid down in rule 55 that it is a true-copy. A note of the Registrar's
order directing the re-copying of the entry shall be made below the true-copy
certificate so re-copied.
(3)
A
note shall be made in the old register book below each original entry which has
been re-copied showing the number of the new register book and the number of
the page of such book in which the entry has been re-copied.
(4)
When
an entire register book is re-copied, the new register book shall bear the same
number as the old one. After the entries in the new register book have been
compared with the entries in the old register book and the new register book
certified by the registering officer as aforesaid, the old register book shall
be destroyed and a note about its destruction shall be made in the catalogue of
records. Such note shall also show the number of the new register book in which
the entries from the old register book have been re-copied.
(5)
Where
only a portion of a register book is to be re-copied, the new register book in
which that portion is re-copied shall bear a fresh serial number such as 1-A,
2A, 3A, 4A or 5-A as the case may be.
Rule - 22. Register of partially re-copied register books.
A register containing the full particulars of
the partially re-copied register books shall be maintained in Form K. Such
register shall be preserved permanently.
Rule - 23. Signing and dating of notes.
All notes made under the rules contained in
this Part shall be signed and dated by the registering officer.
Rule - 24. Repairing of damaged register books by use of butter paper.
If in the opinion of a Registrar any register
book, which is wholly or partially damaged but the writing on which is clear
and legible and which is less than 60 but more than 40 years old can be
repaired by using butter paper, he may by an order in writing direct that such
book or such portion thereof as he thinks fit shall be so repaired instead of
being re-copied as provided in rule 21.
X.
FINES UNDER SECTIONS 25 AND 34
Rule - 25. Procedure to be followed by Sub-Registrar on receipt of an application under section 25 or 34.
When an application for a direction under
sub-section (1) of section 25 or under the proviso to sub-section (1) of
section 34 is lodged with a Sub-Registrar, the Sub-Registrar shall, on payment
being made to him of the maximum amount of fine imposable by the Registrar
under rule 27, at once proceed with the enquiry prescribed in sub-section (3)
of section 34 and shall endorse on the document the particulars prescribed in
section 58 in the manner shown in Form L, but the certificate under section 60
shall not be endorsed until the Registrar's direction under sub-section (1) of
section 25 or the proviso to sub-section (1) of section 34 is communicated to
the Sub-Registrar:
Provided that nothing in this rule shall be
deemed to affect the power of a Registrar to refuse such application.
Rule - 26. Refund of fine.
Where the application for a direction lodged
with the Sub-Registrar under sub-section (1) of section 25 or under the proviso
to sub-section (1) of section 34 is refused by the Registrar, the whole amount
of fine paid by the applicant under rule 25 and where the amount of fine
imposed by the Registrar is less than the amount of fine paid by the applicant
under rule 25, the excess amount of fine, shall be refunded to the applicant:
Provided that when a direction is made under
section 25 but the Registrar refuses to direct registration under the proviso
to sub-section (1) of section 34, the fine imposed under section 25 shall not
be refunded.
Rule - 27. Scale of fines under section 25 or 34.
The scale of fines to be imposed under
section 25 or 34, shall be as follows, namely:
(1)
if
the delay does not exceed one monthnot exceeding 21/2 times
the proper registration fee;
(2)
if
the delay exceeds one month but does not exceed two monthsnot exceeding five
times the proper registration fee;
(3)
if
the delay exceeds two months but does not exceed three monthsnot exceeding 71/2 times
the proper registration fee;
(4)
if
the delay exceeds three months but does not exceed four monthsnot exceeding ten
times the proper registration fee.
Note. This rule does not affect the
Registrar's discretion to impose a smaller fine than the above maximum, under
sections 25 and 34, in suitable cases.
XI.
INDEXES
Rule - 28.
Language in which indexes to be prepared.
Indexes shall be prepared in Marathi.
Rule - 29. Forms of indexes under section 55.
Indexes Nos. I, II, III and IV required to be
made under section 55 shall be made in Forms M, N, O and P respectively and
indexes Nos. I-A and II-A shall be made in Forms M and N respectively:
Provided that indexes Nos. II and II-A in
respect of properties in city surveyed areas shall also be kept in Form N (Part
II).
Rule - 30. Manner of preparing indexes.
In preparing the indexes, the transliteration
table in the schedule shall be followed. European or American names shall be
indexed alphabetically under the initial letter of the surname. Indian names
(or foreign names where no fixed surname is used) shall be indexed under the
initial letter of the personal name. All prefixes and affixes denoting rank,
occupation or caste shall be put into brackets and shall not be taken into
consideration for the purpose of preparing indexes in alphabetical order. In
the case of an Indian Christian, who has no family name, and who adds his
father's name or the name of his village to his own, the names shall be indexed
in the same manner as an ordinary Indian name.
Rule - 31. Manner of indexing documents.
[(1) All documents
executed by or on behalf of Government shall be indexed under
"Shasan" in "Marathi".]
(2) A document executed under the authority or a
power-of-attorney shall be indexed in the names of the principal and attorney
both. A document executed by a guardian on behalf of a minor shall be indexed
in the names of the minor and guardian both. A document executed by or on
behalf of a Company or Corporation shall be indexed in the name of the Company or
Corporation, as the case may be.
(3) In the case of certificates of sale, index
No. I shall be prepared in the name of judgment debtor.
Rule - 32. Manner of indexing entries of memoranda or copies filed under sections 64 to 67 and 89 (2), (4), (5) and (6).
The index entries of memoranda or copies
filed under sections 64, 65, 66, 67 and sub-sections (2), (4), (5) and (6) of
section 89, and statements of lands acquired under the Land Acquisition Act,
1894, shall be made in the same indexes and in the same manner as entries
concerning documents entered or filed in register book No. 1.
Rule - 33. Date of registration to be entered in indexes.
In entering the date of registration in any
of the indexes, the date entered on the certificate of registration under section
60 shall be taken to be the date of registration:
Provided that in the case of documents filed
in Part I or III or IV [or V] of the
supplement to register book No. 1 or of copies filed under sub-section (1) or
(3) of section 89, the date of their filing shall be taken to be the date of
registration.
Rule - 34. Manner of preparing different indexes.
(1)
When
there are several executants of a deed, a separate entry shall be made under
the name of each of them in proper alphabetical order in column 1 of indexes
Nos. I and I-A.
(2)
Indexes
Nos. II and II-A shall be prepared village-wise, one or more separate sheets
being assigned to every village. In the case of such towns as the Registrar may
in his discretion declare to be large towns, separate sheets shall be used for
each municipal division, ward, quarter or street.
(3)
In
the case of city surveyed areas, an additional index No. II shall be prepared
in the special card form, namely, Part II of Form N, a separate card being used
for each city surveyed property.
Rule - 35. Binding of Index No. III.
In the office of every Registrar and
Sub-Registrar, index No. III shall be bound into a separate volume either year
by year or, if more convenient, over a number of years together.
Rule - 36. Manner of filling in columns 5, 6 and 8 of Index No. III.
Columns 5, 6 and 8 of index No. III in Form O
shall not be filled in until it has been ascertained beyond dispute that the
testator or doner, to whose will or authority to adopt the index entry relates,
is dead. If the fact of such death is not ascertained till after the index in
which the entry was made has been sent by the Sub-Registrar to the Registrar,
the Sub-Registrar shall immediately forward to the Registrar, a statement of
the particulars to be inserted in the said columns, and the Registrar shall
thereupon cause the said particulars to be duly entered in the index so sent to
him for filing in his office.
Rule - 37. Manner of preparing index of register book No. 2.
At the end of every year an alphabetical
index in Form Q shall be prepared at the end of register book No. 2 of all the
entries in such book.
XII. PROCEDURE OF REGISTRATION
Rule - 38. Hours of accepting documents ordinarily and in case of emergency.
(1) No document shall be
accepted for registration at any registration office unless it is presented
during office hours on a working day and at least one hour before the time
fixed for the closing of the office.
(2) Not with standing
anything contained in sub-rule (1) in cases of grave emergency, a registering
officer may accept any document for registration at his office or his private
residence, or the private residence of some person other than himself, at any
hour on any day. In all such cases, a Sub-Registrar shall at once report to the
Register to whom he is subordinate, the fact of his having accepted a document
for registration and the reasons for his doing so.
Explanation. For the
purposes of this sub-rule "day" means a day beginning one hour before
sunrise and ending one hour after sunset.
Rule - 39. Form of presentation endorsement.
(1) The registering
officer shall make endorsement as required by section 52, either by writing or
impressing it on every document presented to him for registration, in the
following form, namely:
"Presented at
the office of the Registrat/Sub-Registrar of .................. between the
hours of .................. and on the .............. 19."
(2) In the City of
Bombay, the Sub-Registrar, and elsewhere, the Registrar, may delegate the duty
of recording the endorsement under this rule to his Personal Clerk and the
Sub-Registrar at the headquarter, respectively.
(3) Any instrument
executed by or in favour of any Officer referred to in sub-section (1) of
section 88 may be presented for registration to the registering officer under a
covering letter from such officer issued in his official capacity.
Rule - 40. Manner of filling in Day Book.
(1) On receipt of a
document for registration, a registering officer shall fill in the first three
columns of the Day Book in Form G and then proceed to recover the proper
registration fees payable in respect of the document.
(2) The serial number
under which a document is entered in the Day Book shall be endorsed on the
document above the endorsement made under rule 39.
Rule - 41. Manner of calculating copying fees.
In calculating
copying fees in the case of documents copied by hand a part of a folio shall be
counted as a whole folio. When a document is short and the copy thereof is
likely to cover less than a page of a register book, the whole number of words
shall be counted. In other cases, the number of folios may be counted by
multiplying the average number of words in live different lines in different
parts of the document by the number of lines in the document (fraction of a
word being counted as a word) and dividing the result by one hundred:
Provided that the
transcription made under rule 51 shall not be taken into account in calculating
the copying fees:
Provided further that
the copying fees in the case of documents copied by photography shall be
calculated at the rate charged per page of the document.
Rule - 42. Form of receipt to be passed.
(1) A registering officer
shall pass a receipt in Form 'R' whenever a document is presented for
registration or deposit, or whenever payment of any fee or flue or other amount
is made to him.
(2) A registering officer
visiting a private residence or jail under the proviso to section 31,
sub-section (3) of section 33 or sub-section (2) of section 38, as the case may
be, on being paid his traveling expenses, shall pass a similar receipt.
Rule - 43. Form of fee endorsement.
(1) On receipt of the
fees, the registering officer shall endorse on the document the following note,
namely:
"Received fees
for
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Photo Offices.
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Other offices.
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Rs. 1[P]
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Rs. [P.]
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Registration.
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Registration.
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Copying a/b pages
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Copying (Folios).
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Postage
..............................
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Copying endorsements.
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Total ..........................
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Postage
..............................
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Total ......................
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A.B.
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A.B.
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Registrar or Sub-Registrar.
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Registrar or Sub-Registrar."
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(2) When the fees for any
other items specified in Form R are levied, these items shall be noted in
manuscript.
Rule - 44. Certain requirements to be verified before accepting a document for registration.
(1) Before accepting any
document for registration, a registering officer may not concern himself with
its validity, but shall ascertain
(a) that it is properly
stamped;
(b) that it is presented
within the prescribed time, and in the proper office;
(c) that it was presented
by a competent person;
(d) if it relates to
immovable 'property, that it is not open to objection under section 21 or 22;
(e) if any document is in
a language which he does not understand, that the provisions of section 19 are
complied with;
(f) that any
interlineations, blanks, erasures or alterations appearing in the document are
attested by the signature or initials of the person or persons executing the
same as required by section 20;
(g) that the dates of
execution of the document, if written according to more than one calendar,
tally with each other; and
(h) that the registration
of such document has not been declared as opposed to public policy under
section 22-A.
(2) If on presentation of
the document, the fees prescribed under section 78 are not paid on demand, the
registering officer shall refuse to register the document.
Rule - 45. Withdrawal when allowed.
A registering officer
may, before the admission of any of the executants is recorded, at the request
in writing of the party presenting the document for registration, allow him to
withdraw the same.
Rule - 46. Procedure when a document is not properly stamped.
(1) When a document,
which is not duly stamped, is prevented for registration and the registering
officer impounds it under the Indian Stamp Act, 1899 or the Bombay Stamp Act,
1958, he shall not forward the document to the Collector until the executant or
executants appear before him for the purpose of enquiry under section 34 or
until the expiration of the period of four months specified in section 34
whichever is earlier. The endorsements under rules 39 and 43 and section 58
shall be made on the document before it is sent to the Collector but it shall
not be copied or certified as registered until it has been returned to the
registering officer with the Collector's certificate that the proper stamp duty
has been paid thereon.
(2) If a document is
impounded under the Indian Stamp Act, 1899 or the Bombay Stamp Act, 1958, the
registering officer shall record a statement immediately below the endorsement
made under rule 39 that such document is impounded under section 33 of the
Indian Stamp Act, 1899 or section 33 of the Bombay Stamp Act, 1958 and shall
sign such statement.
(3) In the city of
Bombay, the Sub-Registrar and elsewhere, the Registrar may delegate the duty of
recording the statement under sub-rule (2) to his [Personal Clerk and the
Headquarters Sub-Registrar], respectively.
Rule - 47. Mode of writing endorsement and certificate when blank space is insufficient.
(1) Every document
admitted to registration shall provide a blank space for writing endorsements
under section 52 and 58 and the certificate under section 60. If in any case,
the blank space on a document is insufficient for writing endorsement, an extra
piece of blank paper shall be firmly gummed on or attached to it, so as not to
overlay any of the matter originally written in the document and the
registering officer shall make each of the said endorsements and certificate
partly on the document itself and partly on the piece of paper so gummed on or
attached.
(2) When an extra piece
of paper is stitched to the document, or where a document is written on more
pages than one, the registering officer shall affix his seal on each join.
Rule - 48. Procedure on admission of document to registration.
(1) If a registering
officer does not, on the face of it, see any objection to accepting a document
for registration he shall proceed with the enquiry under section 34 and if the
document is admitted to registration, the endorsements under section 58 and the
certificate under section 60 shall be made in the manner shown in Form L.
(2) The registering
officer shall not endorse an admission of receipt of consideration unless the
admission is voluntarily made.
(3) If a person executing
a document admits that he has executed it, but denies receipt of consideration
either in whole or in part, the registering officer shall not refuse to
register the document on that account, but shall make a note of such denial in
the endorsement.
(4) When a registering
officer is acquainted either with the person admitting execution of a document
or with the witness to his identity, he shall make a note in the endorsement to
that effect. If the registering officer is not acquainted with the executant
and no witness with whom the registering officer is acquainted is produced to
identify the executant, the registering officer shall either
(a) examine any two
witness produced by the executant to prove his identify or;
(b) examine on oath the
executant and one witness produced by the executant to prove his identity.
(5) Where the person
appearing before the registering officer as an executant of a document is in
the military employment of Government and is unable to produce any witness or
witnesses to identify him or to prove his identity, as the case may be, the
registering officer shall, if such person produces his identity card duly
certified and bearing his photograph, accept it as sufficient proof of this
identity, unless the registering officer has ground to believe that the
identity card is not genuine. If the identity card is accepted as such proof,
the registering officer shall endorse on the document the number of the
identity card and the designation of the authority purporting to have signed
and certified it.
Rule - [49. Sub-Registrar, Bombay, to send copies of documents to Collector of Bombay.
(1) The party presenting
any documents (other than documents relating to assignments of goodwill, shop
or business and tenancy right) relating to immovable property situate in the
District of Bombay shall supply true copies thereof to the Sub-Registrar, Bombay,
for verification of cadastral survey numbers, divisions or sub-numbers as
recorded in the documents with the city survey records. The true copies of the
documents supplied by the party and, where no true copies have been supplied,
the original documents presented by the party shall be sent by the
Sub-Registrar, Bombay, alongwith a return in Form RA to the Collector of Bombay
during the first week of every month following the month to which the documents
relate.
(2) If any discrepancies
are communicated by the Collector in respect of true copies of documents, the
Sub-Registrar, Bombay, shall take steps to bring them to the notice of the
executing parties and advise them to execute and register a deed of correction
to set right such discrepancies.
(3) If any discrepancies
are communicated by the Collector in respect of original document, the
Sub-Registrar, Bombay, shall take steps for requiring the executing parties to
make the necessary corrections within a reasonable time. The correction shall
be made in the margin of the document under the signature of the Sub-Registrar,
Bombay, after obtaining the consent of the parties or their authorised agents.
If such consent is not given within a reasonable time, the Sub-Registrar,
Bombay, shall index the documents under the cadastral survey Nos. and divisions
named in the documents.]
Rule - 50.
Optional registration
how distinguished from compulsory registration and determination of value of
interest when not stated in document.
(1) Entries relating to
documents, registration of which is optional, shall be made in register book
No. 1 and in Parts I, III and IV of the supplement to register book No. 1,
by appending letter 'B' to the serial number. The absence of the said letter
shall indicate that the entries relate to documents registration of which is
compulsory.
(2) For the purpose of
determining whether the registration of a document in which the value of the
interest affected is not expressed is compulsory or not, the value of the stamp
affixed thereto shall be taken to indicate the value of the interest according
to the provisions of the law in force relating to stamped documents.
Rule - 51. Manner of copying stamp vendor's endorsements on register books and copies prepared under sections[21][65] to 67.
When a document
admitted to registration is being copied in the appropriate register book as
required by section 52, the value of the stamp and the stamp vendor's
endorsement shall be transcribed at the beginning of the copy in such book and
also on the copies prepared under sections [65] to 67.
Rule - 52. Items to be copied in certain columns of Register Books Nos. 1, 3 and 4.
The following items
shall be copied in column 2 of register books Nos. 1 and 4 and in column 3 of
register book No. 3, namely:
(1) the serial number
endorsed on the document under rule 40;
(2) the presentation
endorsement referred to in rule 39;
(3) the fee endorsement
under rule 43;
(4) the endorsements
under sections 52, 58 and 59 and certificate under section 60 in the order in
which they appear on the document.
Rule - 53. Manner of noting interlineations, etc., and writing marginal notes.
(1) Any interlineation,
blank, erasure or correction in a document presented for registration and in
the endorsements made on it shall be copied into the relevant register book
exactly as they appear in the document and in the endorsements. Marginal notes
explaining such interlineation, blank, erasure or alteration shall be written
in column 1 of the relevant register book in the following manner, namely:
(a) in the case of an
interlineation or alteration a single mark " X " in red ink shall be
made over it and a similar mark " X " in red ink shall be made in
column 1, against it and the word " sic " or the corresponding word
in the regional language (' asal ') shall be written in the said column after
such mark;
(b) in the case of an
erasure or blank, two marks " XX " in red ink, one at each of such
erasure or blank shall be made and similar mark shall be made in column 1,
against it and the word " erasure " or " blank ", as the case
may be, or the corresponding word in the regional language of the district
shall be written after such marks. All such notes shall be attested by the
initial of the registering officer.
(2) The same procedure
shall be adopted in the case of copies granted under section 57 or those
forwarded under sections 65, 66 and 67.
Rule - 54. Manner of copying endorsements in case of documents running on more than one page.
If the copy of a
document occupies more than one page of a register book the endorsements of the
document shall be copied once only, with the exception of the serial number,
which shall be repeated on every page. The endorsements shall in no case be
copied alongside of the copy of any document other than that to which they
relate. If in the case of any document, copies of the endorsements in column 2
of a register book extend lower down than the space occupied by the copy of the
document in the column in which the document is copied, the blank space left in
the last named column shall be cancelled by cross lines in ink being drawn over
it.
Rule - 55.
Comparing and
attestation of entries in register books, endorsements of copying, reading and
comparing how to be made, manner of noting and attesting interlineations, etc.,
delegation of duty of attesting copies of documents, etc., by Registrars and
Sub-Registrars, Bombay, true copy certificate on copies from Central Office of
Record to be signed by Headquarter Sub-Registrar.
(1) When the copy in a
register book has been completed, it shall be carefully compared with the
original and the copyist, the reader and the comparer shall, respectively,
endorse below the copy the words "copied by me", "read by
me" and "compared by me" and shall attach their respective
signatures thereto:
Provided that where
there is no separate reader and the comparing is done by the Sub-Registrar
himself by "eye method" it shall not be necessary to make the
endorsement " read by me".
(2) The registering
officer shall then certify under his signature that it is a true copy.
(3) All interlineations,
blanks, erasures and corrections made at the time of copying shall be bracketed
in red ink, attested by the registering officer on each side, consecutively
numbered in red ink, and classified under the categories (1) interlineations,
(2) blanks, (3) erasures and (4) corrections.
(4) The form of
certificate shall be as illustrated below:
"True Copy"
Number of mistakes: 8
(eight);(1) and (7) Interlineations; (2), (3) and (6) blanks; (4) and (8)
erasures; (5) corrections (initials of the registering officer)
(Signed) A.B.,
Registering Officer.
(5) In the city of
Bombay, the Sub-Registrar and elsewhere, the Registrar may delegate to
his [Head Clerk or Senior
Clerk and the Headquarters Sub-Registrar], respectively, the duty of attesting
copies of documents in a register book as well as copies given under section 57
or forwarded under sections 66 and 67 or the duty of writing marginal notes and
of attesting interlineations, blanks, erasures or corrections under rule 53.
(6) The true copy
certificate shall in the case of copies given under section 57 from the central
office of record, be signed by the [Headquarters
Sub-Registrar].
Rule - 56. Procedure in case of re-registration.
In cases of
re-registration under section 24, the document shall be copied into a register
book in extenso, and shall be given the next serial number;
Provided that a note
in red ink indicating the number of the volume of the register book and the
page at which it is re-registered shall be made in the register book on the
first copy of the document in column 2 of register book Nos. 1 and 4 and in
column 3 of register book No. 3 below the signature of the registering officer,
and such note shall be dated and signed by the officer who re-registers the
document. The presentation endorsement specified in rule 39 shall be made on
representation
Rule - 57. Registration in wrong office, how set right.
When a Sub-Registrar
registers a document relating to immovable property not situate within his own
sub-district, but in that of another sub-district, he shall, on noticing the
mistake, direct the person who presented it to present it again in the proper
office.
Rule - 58. Procedure when document is presented for registration in duplicate.
Copies or memoranda
under section 64 to 67 in respect of duplicates not to be sent, Indexes of
duplicates not to be made. Mode of fifing copies of maps or plans accompanying
duplicate.
(1) When a document is
presented for registration with its duplicate or duplicates, the endorsements
required to be made under sections 52, 58 and 59 shall be endorsed on the
original as well as on the duplicate or duplicates. Copy of the original
document shall be made in the appropriate register book; the duplicate or
duplicates thereof shall not be so copied:
Provided that a note
stating the number of duplicates presented along with the original shall be
made below the entry of the original in the register book. The contents of a
certificate of registration prescribed under section 60 shall be the same for
the original, as well as for the duplicate or duplicates.
(2) A copy or memorandum
required to be forwarded under sections 64 to 67 shall not be forwarded in
respect of the duplicate or duplicates, but in respect of the original only. A
note of the number of duplicates presented along with the original shall be
made below the true copy certificate in the case of a copy, and in the
"Remarks" column in the memorandum.
(3) Indexes shall be
prepared in respect of the original only.
(4) If a document is
accompanied by a map or plan, the duplicate or duplicates of such document
shall each be accompanied by a copy of the map or plan. The copy of the map or
plan accompanying the original shall alone be filed in Part II of the
Supplement to register book No. 1. They shall be forwarded to registering
officer under sections 65 to 67 [along with copies of
maps] or plans relating to the original only and not the duplicate or
duplicates.
Rule - 59.
Endorsement on copies
of maps and plans received under section 21 and below true copies of documents concerned;
Endorsements to be signed and dated Attestation of copies of maps or plans by
executant.
(1) On the copy of every
map or pan received under section 21, the registering officer shall make the
following endorsement, namely:
" Copy of map or
plan accompanying the document registered at number ............, at page
............, volume ........ of register book No. 1."
The registering
officer after entering the copy of the map or plan in Part II of the Supplement
to register book No. 1 shall make a note in the register book No. 1 below the
true copy certificate of the document to which it belongs, as follows:
" Copy of map or
plan accompanying is entered at page ...... of volume .... of Part II of the
Supplement to the register book No. 1."
(2) These endorsements
shall be dated and signed by the registering officer.
(3) The copies of maps or
plans shall be attested by the signature of the persons executing the document
or their authorised agents.
Rule - 60.
English or Hindi
abstract when to be sent by Sub-Registrar, Bombay, to Registrars of other
districts, along with copy of document.
When under
sub-section (2) of section 30, the Sub-Registrar, Bombay, registers a document
written in a language other than English or Hindi and relating to property
situated beyond the limits of the State of Maharashtra, and forwards under
section 67, a copy of such document to every Registrar within whose
district any part of the property to which the document relates is situated,
the copy shall be accompanied by an English or Hindi abstract of such document
which shall be certified under his signature as the true abstract.
Rule - 61. Return of documents to parties in person and by post.
(1) When, after the
registration is complete and the document is returned under section 61, the
registering officer shall obtain the signature of the recipient in the Day Book
in Form G in acknowledgment of receipt of the document. The receipt given and
produced by the recipient shall then be returned under section 52 to the
recipient after the date of the return of the document is endorsed thereon and
the endorsement is initialled by the registering officer or the Headquarter
Sub-Registrar when the registering officer is a Registrar or by the Head Clerk
of the Sub-Registrar in Bombay.
(2) When a person
presenting a document for registration signifies a wish that the document
should be returned to him by post, receipt given to him under section 52 shall
bear an endorsement that the document will be returned by post and such
endorsement may be initialled as provided in sub-rule (1). The document shall,
when it is returned under section 61, be returned in a registered cover with a
form of-acknowledgment. The registration receipt granted by the post office and
the acknowledgment of the recipient, when received, shall be separately filed
and their numbers shall be noted in column 13 of the Day Book.
Rule - 62.
Documents which are
kept separate, List of unclaimed documents to be hung up. Notice to presenter
or his nominee, if any, for unclaimed documents and manner of sending it.
(1) Documents of which
registration is not complete and registered documents pending delivery, shall
be kept separate.
(2) A list of documents
which have been registered, and have remained unclaimed for more than one month
from the date of completion of registration, shall be hung up to public view in
Form S in the office of every registering officer.
(3) If a document remains
unclaimed for one calendar month after its registration, or after registration
of the same has been refused, the registering officer shall, on the day
following the last day of such month, issue a notice in Form T to the person
who presented the document or his nominee, if any, informing him that if it be
not claimed within a further period of one month from the date of the notice,
an extra fee at the rates prescribed in the Table of Fees prescribed under
section 78 shall be leviable before such document can be delivered to him. Such
notice shall be sent by post.
Rule - 63. Contents of copy of reasons, under sections 71 and 76.
The copy of reasons
required to be given to an applicant under sections 71 and 76 shall be a copy
of the entries in register book No. 2 relating to the document of which
registration has been refused.
Rule - 64.
Copy of order passed
by Registrar on appeal on application to be sent to Sub Registrar and manner of
copying it in register book No. 2.
A copy of every order
passed by a Registrar on appeal or application shall be sent to the
Sub-Registrar against whose decision the appeal or application was made, and
the substance of the order, with a brief statement of the reasons therefor, in
case of refusal, shall be copied by the Sub-Registrar in column 5 of the
register book No. 2.
XIII.
RETURNS AND ACCOUNTS
Rule - [65. Remission of Fees.
All fees received under the Act and the rules
made thereunder, shall be remitted daily to the nearest Treasury or Bank
accompanied by the cash book and the signature of the officer-in-charge of the
Treasury or Accountant shall be taken in the cash book. Where it is inconvenient
to send the cash book along with the remittance to the Treasury or Bank, the
remittance may be sent induplicate chalans, and the receipted chalan
obtained and kept in a separate file. In such case however, the particulars of
the receipted chalan, shall be noted below the relevant entry in the cash book.
At stations where there is no Treasury or Bank, the fees shall be remitted to
the nearest Treasury or Bank at such intervals as may, from time to time, be
determined in this behalf by the Inspector General of Registration.
Explanation. For the purposes of this rule.
(a)
'Bank'
means the Reserve Bank of India or any office or agency of the Reserve Bank of
India and includes any branch of the State Bank of India, State Bank of
Hyderabad acting as the agent of the Reserve Bank of India in accordance with
the provisions of the Reserve Bank of India Act, 1934.
(b)
'
Treasury' means the Treasury established at the headquarters of a district, and
includes a sub-treasury and the Pay and Accounts Office, Bombay.]
Rule - 66. Manner of remission of fees into Treasury or Bank.
Every registering officer shall keep in his
custody the fees received by him each day and shall pay the same on the next
day into the nearest Treasury or the Bank, as the case may be, as soon as it
opens.
Rule - 67. Dates of closing accounts.
The Sub-Registrar, Bombay, and the [Headquarters
Sub-Registrar] shall close their accounts on the last day of each month and the
Sub-Registrars elsewhere shall close their accounts on the day on which the Treasury,
in which the fees are remitted by them, closes its accounts each month.
Rule - 68.
Submission of monthly work statement by
Registrar and Sub-Registrars. Every Sub-Registrar shall, on the last day of
each month, submit to the Registrar, to whom he is subordinate, a monthly
return in Part I of Form U and every Registrar shall, on or before the 5th day
of each month, submit to the Inspector General of Registration, a monthly
return in Part II of Form U on the basis of the monthly return submitted to him
by the Sub-Registrars.
XIV.
AUTHENTICATION AND ATTESTATION OF POWERS-OF-ATTORNEY
Rule - 69. Forms of authentication and attestation of powers-of-attorney.
(1)
The
registering officer shall authenticate the powers-of-attorney under section 33
in Form V.
(2)
The
registering officer shall attest the powers-of-attorney under section 33 in
Form W.
(3)
The
consecutive number under which the power-of-attorney is entered in the register
in Form I and the fee charged shall be noted on the power-of-attorney.
XVI.
REFUND OF FEES
Rule - 71. Register of refunds.
Every registering officer shall maintain in
Form Y a register of refunds.
Rule - [71-A. Recovery of fees.
(1)
If
on inspection or otherwise, it is found that fee payable under the Act, in
relation to any document which is registered has not been paid or his been
insufficiently paid, the Sub-Registrar shall issue notice to the person who had
presented the document to pay the amount within a period of one month from the
date of notice.
(2)
If
such person fails to pay it within the said period, the Sub-Registrar shall
report the fact to the District Registrar to whom he is subordinate. The
District Registrar shall enquire into the matter and make his report to the
Inspector-General.
(3)
On
receipt of the report, the Inspector-General may, on going through the report
and after making due inquiry and giving the person an opportunity to be heard,
issue a certificate in Form YA directing that the said amount is recoverable
from such person as an arrear of land revenue; and forward it to the Collector
within whose jurisdiction such person resides.
(4)
On
receipt of the certificate, the Collector shall recover the amount as an arrear
of land revenue and credit it to Government through the Tahsildar concerned who
shall immediately intimate such credit in Form YB to the Sub-Registrar and the
District Registrar concerned and the Inspector-General.]
XVIII.
GRANT OF COPIES, SEARCHES, INSPECTIONS, ETC.
Rule - 73.
All applications to be in writing and to
comply with the Bombay Court-fee Act, 1969 the Indian Stamp Act, 1899 and the
Bombay Stamp Act, 1958 and to be numbered and filed.
(1)
All
applications for copies, searches, inspections or for any other purposes
required to be made under the Act or these rules shall be made in writing to a
registering officer and every such application shall be numbered and filed by
the registering officer.
(2)
The
registering officer shall not accept any application, unless it complies With
the provisions of the Bombay Court-fees Act, 1959, the Indian Stamp Act, 1899
and the Bombay Stamp Act, 1958, as the case may be.
XIX.
DESTRUCTION OF DOCUMENTS
Rule - 74.
The form of notice in case of unclaimed
documents to be destroyed and the procedure thereafter; Note of destruction
where to be recorded.
(1)
A
registering officer shall issue a notice in Form Z, when a document, the
destruction of which is authorised by section 85, remains unclaimed for a
period exceeding two years from the date of registration or refusal to register
it or the date on which the proceedings in respect of it's registration were
adjourned for the last time. After the expiration of the period of notice, the
Sub-Registrar shall send the document to the Registrar to whom he is
subordinate for destruction and the Registrar shall communicate to the
Sub-Registrar the date on which it was actually destroyed.
(2)
In
case of destruction of registered documents, a note recording the destruction
shall be entered in the appropriate register book at the foot of the copy of
the document. In cases of documents registration of which is refused, the note
shall be recorded in column 4 of register book No. 2.
XX.
INSPECTIONS AND INSPECTORS OF REGISTRATION OFFICES
Rule - 75. Inspection of registration office by Registrars.
(1)
Every
Registrar shall inspect the offices of the Sub-Registrars in his district at
least once every two years.
(2)
The
Registrar shall send a memorandum of each inspection to the Inspector General
of Registration in Form AA.
Rule - 76. Inspection of register books in Sub-Registrar's offices, and in central office of record and report regarding damaged books by Inspector.
(1)
Every
Inspector shall examine the books indexes, accounts and other records in the
office of a Sub-Registrar subordinate to him once in every year. He shall, as
required by sub-section (2) of section 52, authenticate such register books as
he may examine by making a record in each of them to the following effect:.
"Entries from P to P in this book have
been examined by me.
(Signed) ......................
Inspector."
(2)
Every
Inspector shall also inspect the boots of the Sub-Registrars subordinate to him
and the books in the central office of record for the district and report to
the Registrar the register books mentioned in sub-section (1) of section 51 or
portions thereof which are in danger of being destroyed or becoming illegible
wholly or partially.
(3)
The
Inspector shall, in the " Inspection Form " prescribed by the
Inspector General of Registration from time to time, make a memorandum of all
errors, acts of negligence or doubtful practices detected and after giving the
Sub-Registrar an opportunity to explain or set right at once any defect found,
and after proposing such orders on the memorandum as he may deem proper, send
one copy of the same for information to the Registrar to whom the Sub-Registrar
is subordinate and one copy to the Inspector General of Registration for
approval.
(4)
The
Inspector General of Registration shall forward a copy of his order in respect
of such memorandum with his remarks or suggestions, if any, to the Registrar
and the Registrar shall then send it together with the copy of the memorandum
received from the Inspector to the Sub-Registrar concerned, for compliance.
Rule - 77. Submission of diary of work by Inspectors.
On or before the 7th day of every month, each
Inspector shall submit to the Inspector General of Registration a diary of his
work and movements during the preceding month.
XXI.
ADMINISTRATION REPORT
Rule - 78. Annual and Triennial Reports.
(1)
Every
Registrar shall submit annual returns in Parts I to V of Form AB and shall fill
up the entries therein from similar forms prepared in his office and those
received by him from the Sub-Registrars, In every third year, every Registrar
shall, on or before the date prescribed by the Inspector General of
Registration from time to time in this behalf, submit to the Inspector General
of Registration a brief report containing a general account of the amount of
registration work performed by himself and the Sub-Registrars under him during
the preceding three years.
(2)
The
report shall contain the following particulars, namely:
(a)
the
number of documents
(i)
registration
of which was compulsory,
(ii)
registration
of which was optional,
(b)
the
nature of the deeds registered,
(c)
the
number and result of appeals under section 72,
(d)
the
number and result of applications under section 73,
(e)
the
number and result of suits under section 77,
(f)
the
amount of fees collected in his office and those collected in the offices of
the Sub-Registrars subordinate to him and an explanation of the significance of
the statistics as bearing upon the economic condition of the people.
(3)
In
the two years intervening between the dates of such reports, the Registrar
shall, on or before the date appointed by the Inspector-General of Registration
from time to time in this behalf, submit the prescribed statements with a clear
but brief indication of his opinion as to the significance of the statistics.
(4)
Every
Inspector and the Manager, Government Photo Registry, shall submit to the
Inspector General of Registration on or before the date prescribed by the Inspector
General of Registration from time to time, an annual report containing such
information as may be prescribed by him.
Rule - 79. Submission of suggestions for improvement of registration system.
When a Registrar is of the opinion that
inconvenience attends the working of any of these rules or the authorised table
of fees, he shall submit his suggestions for the improvement of the system of
registration in separate reports and shall not incorporate them in the reports
submitted by him under rule 78.
XXII.
PHOTO-COPYING PROCEDURE
Rule - 80.
Documents to be sent to Manager, Government
Photo Registry Office, Pune for photo-copying, Preparation of list and its
preservation.
(1)
Every
registering officer in a district or sub-district to which Part XI-A of the Act
applies, shall send to the Manager, Government Photo Registry Office, Pune
(hereinafter in this Part referred to as "the Manager") for being
photo-copied, documents presented to him for registration With a list in Form
AC except those mentioned in sub-section (1) of section 70-E and those declared
unfit for being photo-copied by a registering officer in consultation with the
Manager.
(2)
The
list shall be prepared in duplicate, one copy being sent to the Manager, and
the other, permanently preserved by the registering officer in his office.
Rule - 81. Manner of sending documents to Manager.
The documents shall be sent to the Manager by
registered post, after being properly packed and secured in the manner
prescribed by the Inspector General of Registration.
Rule - 82. Identification mark on pages of a document.
On every written page of a document to be
sent for being photo-copied, shall be impressed or written the identification
mark under section 70-D(1) (a) showing the name of the office, the number of book,
the page number with the total number of pages below it and the year of
registration, in the following form:
..................................................................
H.V.L.
..................................................................
4-875 4/8
.......................................................................
19
.......................................................................
The document shall then be entered in the
list referred to in rule 80.
Note.The Book No. shall not be marked in the
case of documents registered in Book No. 1.
Rule - 83. Serial numbering of documents.
All documents of one year shall be numbered
with one consecutive series, irrespective of the number of the register book in
which they are to be entered:
Provided that, except in the district of
Bombay and the Bombay suburban District, prints of documents which are to be
entered in different register books, shall be bound separately in the manner
hereinafter prescribed.
Rule - 84. Preparation of books of Photo-copies.
In all districts, excepting the district of
Bombay and the Bombay Suburban District, photo-copies of documents to be
entered in register books shall be made up into books of as nearly as possible
100 pages, the last page being the last page of a document.
Rule - 85. Photo-copies to be kept loose in box; its contents to be certified.
In the district of Bombay and the Bombay
Suburban District, photo-copies of documents to be entered in register books
shall not be bound into books, but shall be kept loose in a box, each box being
considered as a book. The contents of each box shall be certified by the Senior
Sub-Registrar, Bombay, or the Sub-Registrar, Bandra, as the case may be, in the
form prescribed by the Inspector-General of Registration.
Rule - 86. Form of certificate on books of photo-copies of documents.
To each book of photo-copies of documents,
the registering officer shall prefix a certificate in Forms AD, AE or AF, as
the case may be, which shall be signed and dated by him.
Rule - 87. Numbering of pages and manner of binding books.
The pages of the register book so formed
shall be numbered serially and a certificate in Form AG shall be given at the
end, which shall be signed and dated by the Inspector. The books shall be bound
with a tape or strong cord approved by the Inspector-General of Registration
and the knot shall be secured by means of a metal seal by the Inspector.
Rule - 88. Preservation of books.
All the books shall be preserved in the
Offices of Sub-Registrars to which they belong in the manner approved by the
Inspector-General of Registration.
Rule - 89. Manner of preservation and storage of negatives in Government Photo Registry.
The negatives of all photo-copies shall be
stored and preserved permanently in the Government Photo Registry. Several
pieces of the film negatives belonging to one office may be joined together for
convenient storage, and they shall be securely stored in the manner approved by
the Inspector-General of Registration. Each single length of film shall be numbered
serially, a separate series being used for each office of a Sub-Registrar.
There shall be maintained in the Government Photo Registry, a register in the
form prescribed by the Inspector-General of Registration, showing the number of
lengths of film for each office, and the number of documents photographed on
each length and the date of storage.
Rule - 90. Serial numbering of each length of film negative.
All pages of documents photographed on one
length of film shall be serially numbered irrespective of the office to Which
the documents belong, or the order in which they are entered in the list, a
separate series being used for each length of film.
Rule - 91. Mode of certifying film negative
Certificate when to be given: Contents of
seal.
(1)
Each
separate length of film shall bear at the end of it a certificate by the
Photo-Registrar in the following form:
"True photo of document page No. to No.
except date Photo-Registrar."
(2)
The
certificate shall be signed, sealed and dated by the Photo-Registrar. The
certificate shall be given after the film is developed, prints are taken from
it and the photo-copies are duly signed, dated and sealed by the
Photo-Registrar.
(3)
[The seal mentioned
in clause (c) of sub-section (1) of section 70-D, shall be and shall bear the
following inscription, namely:
"Seal of the Photo Registrar, Government
Photo Registry, Poona".
Substituted by G.N. of 12-9-1962.