Rajasthan Registration Rules, 1955 Volume II

Note. In the rules following hereinafter, for the expression "Inspector". wherever occurring, the expression "Deputy Inspector General" has been substituted vide No.4 dated 6-5-1993. No foot- notes have been given to this substitution.

CHAPTER I

Inspections

Rule - 1. District Registrar?s Inspection.?

 

By section 68 of the Indian Registration Act. the District Registrar of the District is invested with powers of superintendence and control over the Sub- Registrars in his District. And to enable him to exercise such supervisions and control in an efficient manner, it is essential that he should examine the registers and other records of the Sub-Registrars? offices as often as possible. Offices at the head-quarters of a registration district shall be frequently inspected by District Registrars, and other registration offices once at least in each year by visiting such offices. The result of all inspections should be recorded in the inspection book of the office, and a copy sent to the Inspector General within 15 days from the date of inspection. In submitting the result of inspection, the purport of the orders issued should invariably be noted thereon before they are transmitted to the Inspector General.

Rule - 2. Examination of registers.?

 

The points on which the District Registrars? attention should be chiefly directed are:-

 

(1)     Whether the books have been neatly and cleanly kept, all the entries numbered consecutively, and properly authenticated by the registering officer, and all corrections verified by his initials? Are the registers firmly bound and in good condition?

 

(2)     Whether all the documents registered were duly stamped?

 

(3)     Whether the documents had been copied into their proper register books, and whether the registering officer had jurisdiction to register them?

 

(4)     Whether the document was brought within time and was presented by a person entitled to do so, and whether the endorsement of presentation prescribed in section 52 of the Act was correctly recorded?

 

(5)     Whether the executant admitted execution and had been properly identified: and whether the endorsement recording such admission and identification as well as any payment of money or delivery of goods, or admission of receipt of consideration in whole or in part made in the registering officer?s presence: as prescribed in section 58, had been properly made.

 

(6)     Whether the certificate of registration prescribed in section 60 correctly describes the registration number, book, volume, and page of the register, and is duly dated.

 

(7)     In case of refusal to register, whether the reasons of such refusal have been clearly recorded in Book No. II and are sufficient.

 

(8)     Whether copies and memoranda received for registration from other offices are duly filed in the file Book No. I and are properly numbered?

 

(9)     Whether the descriptions entered, in Book No. VI relating to authenticated powers-of-attorney, show that authority was given to present documents for registration and in the case of special power, the offices where such powers were intended to be used? He should also see whether the endorsement shows that the power-of- attorney was executed before the Sub-Registrar.

 

(10)   Whether the proper fees have been levied in each case and are entries in the registers, cheque-books, fees-book and dakhila made, and do all entries agree?

 

(11)   Register No. VII. showing visits and commissions, should also be scrutinized. Does the Sub-Registrar go himself? Is distance correctly shown and proper travelling allowance charged?

Rule - 3. Examination of office and office record.?

 

In addition to the above, the following points may also be noted:-

 

(1)     The office accommodation:

 

(2)     The almirahs, whether in good order with locks and whether these are sufficient. He should also examine the condition of the register and records:

 

(3)     Whether the miscellaneous papers are properly classified and kept in order and with method;

 

(4)     Whether weeding has been punctually and properly done:

 

(5)     Whether the indents are correctly prepared and the stock of blank forms neither excessive nor deficient:

 

(6)     Whether the staff is maintaining its efficiency-keeping proper hours and conducting the business of the office with punctuality, accuracy and despatch:

 

(7)     Whether the Sub-Registrar or clerks carry on any other business, such as that of document-writing, stamp-vending, petition-writing etc.

Rule - 4. Examination of Indexes and Subsidiary Books.?

 

Besides the registers, the indexes and other subsidiary books and records will require attention. The chief points to be looked into are-

(1)     Whether the current indexes are clearly written and brought upto date. A few index entries here and there should be tested to see that these have been correctly prepared. It should also be seen that the indexes of the past years have been properly bound.

 

(2)     As to the fees book, whether the entries correspond with the registers and whether the daily collections are promptly paid into the treasury.

 

(3)     The receipt book should be examined to see whether the prescribed procedure has been carried out, and whether there has been any undue delay in returning documents after registration. Enquiry should also be made as to whether any documents remained undelivered at time of inspection, and the reasons thereof.

 

(4)     The minute book, order file and the miscellaneous records prescribed in rules should also be inspected.

Rule - 5.

 

Deleted.

 

Rule - 6. Inspection by Sub-Registrar.?

 

Each Sub-Registrar must inspect his registration office at least once in every six months. His inspection notes should be recorded as usual in the inspection book in Form No. 13 (Appendix I) and a copy there of forwarded to the District Registrar.

 

Rule - 7. Inspection by Deputy Inspector General of Registration.?

 

The Deputy Inspector General of Registration will write their notes at the conclusion of their inspection in the office inspection book and the Sub-Registrar will at once forward a copy of the note to the Inspector General for information.

 

Rule - 8. Points for guidance while inspection.?

 

The first thing to be done when an inspection is undertaken is that the Inspecting Officer should satisfy himself that effect has been given to the instructions placed on record at the time of the last inspection. Each inspection note after the first should open, with a statement as to the action taken on the last inspection note, and with a reference to points, if any, on which instructions made given or suggestion have been overlooked or misunderstood.

 

Rule - 9. Compliance of instructions.?

 

The neglect of instructions contained in inspection notes renders the official at fault liable to punishment. The Sub-Registrars and the registration clerks should bear this in mind that serious notice will be taken of the repetition of the same kind of mistakes. They, therefore, must familiarise themselves with the contents of inspection notes very carefully.

 

Rule - 10. Particulars to be enquired by Inspecting Officers.?

 

The Inspecting Officers may also enquire as to the following points:-

 

(1)     They may confidentially enquire from officials and non- officials of good position whether any complaints against the Sub-Registrar or his staff are known to them. If so, they may enquire into them.

 

(2)     They may also enquire from the leading residents in villages and cities whether they have had any documents registered recently and if so, whether they were asked for any gratuity: and how much they paid to the Sub-Registrar on account of registration fee and check the receipt entry.

 

(3)     The Inspecting Officers may ascertain from the parties, the number of days the Sub-Registrar took to return their documents after registration. If there seems to be have been an abnormal delay, he may note the case for enquiry as to its cause when inspecting the office.

Rule - 11. Surprise visits by the Deputy Inspector General of Registration.?

 

The Deputy Inspector General of Registration shall pay surprise visits to the registration offices. The visit on inspection shall be of short duration extending to two or three days halt as the case may be and it is intended to-

(i)       improve the tone of the registration offices in the department with regard to their general working and disposal of work:

 

(ii)      check corruption, if any. The Deputy Inspector General should enquire from the public who come in contact in the course of his inspection whether any complaint exists with regard to the recovery of fees in excess of the registration fee:

 

(iii)     keep registration officials alert in making them keep their work up-to-date:

 

(iv)    help the Sub-Registrars and clerks in the solution of their difficulties in law points and registration procedure. This will tend to enhance the efficiency of the office.

Rule - 12. Tours.?

 

Unless otherwise ordered by the Inspector General of Registration, each Deputy Inspector General, must inspect every Sub-Registrar's office and every District Registrar's office in his circle at least once in a year. As a rule. Deputy Inspector General should spend 20 days on tour every month. The period so fixed may be relaxed with express permission of the Inspector General of Registration for the months of May and June.

 

Note: - Extraordinary inspections required by special circumstances should be made irrespective of the interval prescribed above. Such extraordinary inspections shall not be taken account of for the purpose of compliance with this rule.

Rule - 13. Circles and inspection.?

 

(1)     The Inspector General may from time to time alter the limits of Deputy Inspector General's circles, provided that the circles shall at all times be so arranged to give each Deputy Inspector General as early as possible an equal share of the work to be done.

 

(2)     The Inspector General may also fix or change the headquarters of the Deputy Inspector General and may transfer Deputy Inspector General from one circle to another. A Deputy Inspector General should in ordinary circumstances stay in a circle for not less than four and not more than five years, although this rule need not be applied with any rigidity to Deputy inspector General about to retire.

Rule - 14. Tours of inspection.?

 

The Inspector General may from time to time arrange for each Deputy Inspector General the general direction of his tour and the order in which the several districts are to be visited. A Deputy Inspector General will usually intimate to each District Registrar atleast a week in advance, the probable date on which he will arrive in his District, and the order in which he proposes to inspect the Sub-offices. He will, at the same time, ask for any particular instructions from the District Registrar as to matters which may require special attention.

 

Rule - 15. Tours diaries.?

 

Each Deputy Inspector General shall keep a diary in Form No. 17 (Appendix III) (bound volumes and loose sheets of which will be supplied from the office of the Inspector General). In this diary shall be entered daily a concise account of all journeys Performed and business transacted He shall submit to the Inspector General on the first of each month, a copy of his diary for the preceding month. The diary is not to include any matter with respect to which separate reports are required to be submitted, but is to be confined to a brief and accurate statement of the nature of the duties performed by the Deputy Inspector General from day to day.

 

Rule - 16. Staff for Deputy Inspector General.?

 

Each Deputy Inspector General will be provided one Upper Division Clerk and one orderly peon.

 

Rule - 17. Equipment for Deputy Inspector General.?

 

Each Deputy Inspector General will be supplied with the necessary stationary, forms and service postage stamps from the office of the Inspector General.

 

Rule - 18. Travelling allowance.?

 

(1)     Deputy Inspector General, their clerks and their peons will be entitled to travelling allowance according to the T.A. Rules. Travelling allowance bills for themselves as well as of their clerks and peons shall be submitted by Deputy Inspector General to the Inspector General for counter-signature punctually every month.

 

(2)     After counter-signature, the bills will be returned to the Deputy Inspector General, who may then draw the amounts at any headquarters treasury within their circles.

Rule - 19. Duties of Deputy Inspector General.?

 

Subject to any special direction which may be issued by the District Registrars, it is the duty of each Deputy Inspector General to minutely examined and fully report upon every Sub-Registrar?s office within his circle. His functions are confined to inspection and report: he is not empowered to direct any changes in the existing procedure or in the distribution of work. All such orders will be issued upon his reports by the District Registrar or, if necessary, by the Inspector General. But these instructions do not absolve him from responsibility to explain all minor points of law and procedure, as laid down in the Manual, on which there may be a doubt or which he may find being misunderstood.

 

Rule - 20. Suggestions note to form part of inspection notes.?

 

Deputy Inspector General should insist on compliance with the rules in all the offices and should not insert suggestions involving alteration of rules in their inspection notes. Such suggestions should be submitted separately. When noting an irregularity or mistake of any kind, Deputy Inspector General should invariably state what explanation the Sub-Registrar offered.

 

Rule - 21. Important points to be examined during inspection.?

 

For the purpose of guiding and assisting Deputy Inspector General as to the points to be examined, the list of questions contained in Appendix V has been drawn up. But it must be clearly understood that these questions are not intended to be exhaustive, and that the inspection may. and should, extend to any matters not included therein into which it may appear necessary to enquire.

 

Rule - 22. Form of report.?

 

The report will be drawn up in the form of answers to the prescribed questions. Each question answered will be cited by its number only. No entry of either question or answer need be made in the case of matters in which the work of the office is found to be entirely in order, so that the answer would be simply yes' or 'No'. The number of the question, however, be cited and a full answer given in all cases in which an irregularity has been detected, or in which the Deputy Inspector General finds it desirable to make a suggestion or to give any instruction or advice. At the close of each section of the report, the Deputy Inspector General should add any remarks which he desires to make on the general state of work or upon points which cannot conveniently be brought under any of the foregoing questions.

 

Rule - 23. Record of visit and submission of report.?

 

Immediately on the completion of the inspection of an office, the Deputy Inspector General will record in ordinary inspection book of the office, a brief note of the fact of such inspection and of the general opinion he has formed as to the accuracy and punctuality with which the work is carried on. This note should enter into no detail, and should not ordinarily exceed half a dozen lines. The complete inspection report in Form No. 18 (Appendix III) must be written and signed in the office at the time of inspection. A complete copy of this report shall be submitted to the District Registrar of the District by post within one week from the date of inspection. The district Registrar will, on receipt of this report, proceed to deal with all matters requiring his orders, taking explanations of the officials concerned where necessary, and will send a copy of the report with orders thereon to the Sub-Registrar concerned, to be retained in his office for his further guidance. The District Registrar will also forward a copy of the report, with a statement of the action taken by him and any further remarks or suggestions he may see fit to offer, to the Inspector General.

 

Rule - 24. Halts for inspection.?

 

Halts for purposes of inspection shall be confined to the period required exclusively for official work and shall on no account be prolonged unnecessarily. In proceeding from one office to another, journeys must be made with as much expedition as possible. The Deputy Inspector General may, however, avail themselves of Sundays and Gazetted Revenue Holidays.

 

Rule - 25. Report regarding condition and progress of registration.?

 

Each Deputy Inspector General shall submit to the Inspector General each year a report on the condition and progress of registration within his circle during the previous calendar year.

 

Rule - 26. Responsibility of District Registrar for inspection.?

 

It must be clearly understood that the appointment of Deputy Inspector General does not relieve District Registrars of the duty of inspecting registration offices under the instructions contained in rules 1, 2, 3 and 4.

 

Rule - 27. Free access to office record for Deputy Inspector General.?

 

Registering officers shall allow the inspecting officers free access to all registers and papers in their offices, and shall give them all information which they may require and afford them every facility for the due performance of their duties. Inspecting officers should report any case in which this rule is not observed.

CHAPTER II

Registration Establishment

Inspector General of Registration

Rule - [28. Inspector General and Additional Inspector General of Registration.?

 

(i)       The State Government shall appoint an officer to be the Inspector General of Registration under section 3 of the Act.

(ii)      The State Government may also appoint one or more officers to be the Additional Inspector General. Registration to assest the Inspector General in the discharge of his duties.

Rule - 28A. Inherent powers of Officers.?

 

In addition to the powers specified in the Act and rules:

 

(a)      The Inspector General, Registration shall have all the powers of an Additional Inspector General. Registration, a District Registrar and a Deputy Inspector General Registration.

 

(b)      The Additional Inspector General, Registration shall have all the powers of a Dy. Inspector General Registration and Sub-Registrar.

 

(c)      The District Registrar shall have all the powers of a Dy. Inspector General. Registration and a Sub-Registrar within the district concerned].

District Registrars

Rule - 29. Permanent appointment by State Government.?

 

Under section 6 of the Act, all permanent appointments in the office of the District Registrar are made by State Government.

Rule - 30. Appointment of District Registrars.?

 

S.D.Os. District Headquarters are appointed to be the ex-officio District Registrars for the purposes of the Act.

Rule - 31. Relieving arrangements against vacancies.?

 

When a District Registrar is absent from headquarters, and no locum tenens is appointed, the Additional Collector, if any, or the Senior Assistant Collector, shall ordinarily be appointed to act as District Registrar during such absence, but the District Registrar may, in the circumstances mentioned in section 11 of the Act, appoint the Sub-Registrar at headquarters or other official of the District who will perform all the duties of a District Registrar except those enumerated in sections 68 and 72 of the Act.

Deputy Inspector General of Registration

Rule - 32. Deputy Inspector General of Registration Offices.?

 

The sanctioned strength of the Service consists of five Gazetted posts of Deputy Inspector General of Registration one for each of the five Divisions of the State. Their appointments are to be made by the State Government in consultation with the Public Service Commission. Recruitment will ordinarily be made partly by promotion from among experienced and capable Sub-Registrars and partly by deputation of members of the Rajasthan Judicial Service or of Rajasthan Administrative Service.

Rule - 33. Division or Circle of Deputy Inspector General.?

 

Each of these Deputy Inspector General is in-charge of a Division or circle. The Jaipur Division or Circle with head quarters at Jaipur is in the charge of the Deputy Inspector General of Registration, Jaipur. The Jodhpur Division or circle with headquarters at Jodhpur is in the charge of the Deputy Inspector General of Registration. Jodhpur. Similarly there are Deputy Inspector General of Registration in three other Divisions of State, viz., Bikaner, Udaipur and Kotah.

Rule - 34.

 

[Deleted].

Rule - 35. Days of tour.?

 

A Deputy Inspector General is required to tour in his circle for not less than 20 days per month according to a programme previously sent to the Inspector General of Registration. He should inspect not less than 200 entries per day and record in the remarks column of his tour diary the total number of entries inspected by him in each registration office.

Rule - 36. Calling on District Registrars.?

 

When a Deputy Inspector General of Registration visits the headquarters of a district, he should take the earliest opportunity of calling on the District Registrar to discuss with him any outstanding questions concerning the administration of the Registration Department.

Sub-Registrars

Rule - 37. Sub-Registrars.?

 

Sub-Registrars are of two categories, viz-

 

(a)      Ex-officio, and

(b)      Whole-time or Departmental.

(c)      Generally, Tehsildars and in some places Naib-Tehsildars and Extra Magistrates have been appointed ex-officio Sub-Registrars. At Important places, viz.. Jaipur, Jodhpur, Bikaner. Udaipur, Kotah & Alwar, provision has been made for posting whole-time Sub-Registrars.

Rule - 38.

 

[Deleted].

Registration Clerks and Copyists

Rule - 39. Registration Clerks and Copyists.?

 

There are two categories of Registration Clerks:-

(a)      Senior or Upper Division Clerks, and

 

(b)      Junior or Lower Division Clerks.

 

(c)      The time scale of pay sanctioned by the Government for the Senior or Upper Division Clerks is Rs. 75-5-120-8-160-10-180. while for the Junior or Lower Division Clerks, it is Rs. 50-4-90-5 120. This scale of pay is sanctioned for the Copyists also.

Rule - 40. Powers to depute clerks in the office.?

 

The Inspector General of Registration is empowered to depute any clerk in the office of any District Registrar or ex-officio Sub-Registrar if the amount of work so justifies from the strength sanctioned by the Government for registration work.

Rule - [41. Registration allowance.?

 

The registration allowance to the Registration Clerks of the Ex-Officio, Sub-Registrars, for doing part-time registration work, shall be paid at 25 paise per document upto 20 documents per month and if in any month the number of documents exceeds 20. a sum of Re. 1/- (rupee one) for each subsequent 5 documents shall be paid. The Registration Clerk of the District Registrar doing part-time registration work shall be paid Rs. 10/-P.M., as fixed allowance.]

 

Rule - 42. Power of transfer of Clerks and Copyists.?

 

The power of transferring registration clerks from one District to another rests with the Inspector General of Registration.

 

Rule - 43. Responsibility of the Sub-Registrar for the proper working of the office.-

 

As ex-officio Sub-Registrars are not always fully in touch with the routine of the Registration business and are pre-occupied with their regular duties, senior and capable clerks of Tehsil or other courts should be deputed by the District Registrars to do registration work in the ex-officio offices.

 

Rule - 44. Responsibility of the Registration Clerks.?

 

The Sub-Registrar is responsible for the proper working of the office, but this does not absolve the registration clerks from the responsibility for the work allotted to them. In offices where there are two or more registration clerks, the work should be distributed equally amongst them by the Sub-Registrar.

 

Rule - 45. Control to be maintained over Registration Clerks and Copyists.?

 

The Registering Officers should maintain a vigilant control over their clerks and not place them in closer contact with the public than is unavoidable. Ordinarily, registering officers should keep in their own hands the duty of receiving documents or money, the recording of endorsements and the returning of documents and certified copies. If it is necessary to leave any of these duties to the clerks except that of recording endorsements which must invariably be done by the Registering Officers personally, these should be performed by him in the presence and under the direct supervision of the Registering Officer.

 

Rule - 46. Strength of establishment.?

 

The strength of registration establishment shall vary according to the amount of work to be performed in each office and will undergo a periodical review. As a general rule, one registration clerk may be allowed for every 800 documents registered annually with indexing, but the average length of documents and the amount of copying and other miscellaneous work will be taken into account. It may also be noted that the term document used above means an average document containing 500 words. These standards are the minimum and in places where documents are generally short a comparatively higher standard will be excepted.

 

Rule - 47. Service Book.?

 

A Service Book in the form prescribed by the Service Regulations shall be kept for all registration clerks and copyists in the office of Inspector General of Registration.

 

Rule - 48. Travelling Allowance to Registration Clerks.?

 

Registration clerks and copyists will be granted travelling allowance according to the T.A. Rules.

 

Rule - 49. Disciplinary powers.?

 

Power to sanction or withhold annual increments to registration clerks and copyists and to punish them, except powers of dismissal, rests with the District Registrars subject to appeal to the Inspector General of Registration. Dismissal and removal will rest with the Inspector General.

 

Rule - 50. Power to sanction casual leave to Registration Clerks.?

 

Sub-Registrars are empowered to grant casual leave to their subordinates within the limits prescribed. All such leave shall be noted in the leave registers to be maintained in each Sub- Registrar?s office.

 

Rule - 51. Casual leave to Sub-Registrars.?

 

The District Registrar may grant casual leave for any period not exceeding ten days to Departmental Sub-Registrars under him.

 

Rule - 52. Other leave.?

 

Applications for leave other than casual leave made by Departmental Sub-Registrars & by registration clerks and copyists should be forwarded to the Inspector General of Registration by the District Registrar together with his recommendation in the natter of granting the leave.

CHAPTER III

Office Regulations

Rule - 53. Office Salary Bills.?

 

The Departmental Sub-Registrars will Prepare a consolidated bill on account of their own salaries together with the salaries and allowances, if any, of all the ministerial and non-ministerial establishment paid by Government, arranged in the order of section and will submit the same to the District Registrars concerned for their counter-signature.

 

Rule - 54. Disbursement of Salary Bills.?

 

The bill when counter-signed, will be presented or forwarded to the officer-in-charge of the Treasury of the Revenue District concerned for payment in cash. The amount when disbursed, must be properly recorded in acquittance rolls which shall be kept up in each office-receipts being taken for each payment and receipt stamps affixed when the amount paid exceeds Rs. 20/-.

Rule - 55. Service Books of Sub-Registrars.?

 

Service Books in the prescribed form shall be kept in the office of the Inspector General of Registration for every departmental Sub-Registrars holding a substantive appointment of the permanent establishment.

 

Rule - 56. Character Rolls.?

 

(1)     A Character roll of each departmental Sub-Registrar shall be maintained in the office of the Inspector General of Registration. The Deputy Inspector General of the Circle shall submit through the District Registrar concerned early in January each year a confidential report in column 2 of the form prescribed below about the preceding year?s work and conduct of each Sub-Registrar in his circle. The Deputy Inspector General shall also record a certificate on each report, if he can conscientiously do so. to the effect that nothing has come to his knowledge which casts any doubt upon the Sub-Registrar's official integrity. If, however, such a certificate cannot be given in the case of any Sub-Registrar, the Deputy Inspector General shall bring out this fact prominently in the report. Such an entry shall be self-contained and shall, so far as possible, give the reasons for withholding the certificate.

 

(2)     On receipt of such confidential report, the District Registrar shall record his own remarks in column 3 of the form. and forward the same, not later than 1st February each year, to the Inspector General of Registration who will record his own remarks, if any, in column 4 of the form. No separate register shall be maintained for entering any confidential remarks by the Inspector General about any Sub-Registrar.

 

(3)     In the case of a Sub-Registrar transferred from one District to another, the Deputy Inspector General of Registration for both the circles will send their independent reports to the District Registrars concerned, who, after recording their own remarks, shall forward the same to the Inspector General of Registration. In such cases, the Inspector General of Registration shall record his own remarks, if any in column 4 of the form received from the District Registrar of the District to which the Sub-Registrar has been transferred.

Form-

 

Rule - 57. Money how to be drawn.?

 

(1)     Control contingent charges will be drawn from the Treasury upon bills in the form prescribed by the Accountant General.

 

(2)     A bill must always be drawn immediately before the 31st March of each year for all expenditures up-to-date. Money drawn from the treasury after that date comes out of the allotment of the next year, and it is contrary to the principles of the scheme that expenditure incurred in the current year should, in any way, be held over after being incurred, to be paid out of the allowances of the next year. A separate contingent register will be kept in the form prescribed by the Accountant General.

Rule - 58. Contingent expenditure.?

 

No separate grant has been sanctioned by the Government for the contingent expenditure for the offices of the ex-officio Sub-Registrars. The expenditure, if any, will be met by them from the budget grants of the Tehsils, Sub- Divisions and the Districts, as the case may be. The contingent charges of Departmental Sub-Registrars will be borne by Government.

Holidays and office hours

Rule - 59. Holidays.?

 

In all Registration offices, holidays the prescribed for Revenue Courts by the Government of Rajasthan, and the local holidays, sanctioned by the Commissioner of the Division may be observed, but it will be optional with the Registering Officers to keep their offices open on any holiday.

 

Rule - 60. Office hours.?

 

Ordinarily the offices of all Registering Officers shall remain open in summer seasons from 7 a.m. to 12 noon and from 10 a.m. to 5 p.m. in the winter season, according to Government orders issued from time to time.

 

Rule - 61. Allotment of time for registration work.?

 

When ex-officio Registering Officers have other duties to perform, a certain portion of each day should be allotted exclusively to registration work. The time so set apart shall be made generally known and a written notice of it shall be exhibited in a conspicuous and accessible part of the building in which the registration offices are located. The notice should state the hours at which documents will be received and returned daily.

 

Rule - 62. Maintenance of diary.?

 

A diary in Form No. 19 (Appendix III) will be maintained by each departmental Sub-Registrar who will record there in the exact time of his arrival at and departure from the office. Similarly, the hours of attendance of registration clerks and copyists will be recorded. The work done every day should also be shown in the columns provided for it.

Periodical Reports and Returns

Rule - 63. Weekly Report by Sub-Registrars to District Registrars.?

 

(1)     Every Sub-Registrars will submit to the District Registrar of his District, a weekly report of documents and applications for copies remaining undelivered or undisposed of after three days from the expiration of date of presentation prescribed by rule 128 (vol. I.)

 

(2)     This report shall be in the form prescribed in Appendix III Form No. I. It should be sent on Monday following the week to which it relates.

 

(3)     The weekly report should, on receipt in the District Registrar's office be carefully scrutinised and orders issued by the District Registrar, where necessary.

Rule - 64. Monthly Returns by Sub-Registrars to District Registrars.?

 

Every Sub-Registrar shall submit to the District Registrar of his District by the 5th of each month, a statement showing the transactions of his office for the preceding month in Form No. 2 Appendix III.

 

Rule - 65. Amalgamated statements to be submitted by the District Registrars to the Inspector General.?

 

When the District Registrar receives the monthly statement described above from the Sub-Registrars. he will have them carefully examined. The District Registrar shall then prepare a consolidated statement from the transactions of the several Sub-Registrars subordinate to him (each office being entered separately, in the same order of offices) together with the transactions, if any, of his own office, and submit it in the same form to the Inspector General by the 10th of each month.

 

Rule - 66. Annual Returns by the Sub-Registrars to the District Registrars.?

 

Every Sub-Registrar shall prepare as soon as possible after the close of the year, a statement in Form No. 3 given in Appendix III and submit the same of the District Registrar not later than the 10th of January.

 

Rule - 67. Annual Returns by the District Registrars.?

 

Every District Registrar shall, in like manner, prepare a consolidated statement for his District in Form No. 3 given in Appendix III and submit the same to the Inspector General of Registration not later than the 1st of February accompanied by a report reviewing the operations of the year as laid down in rule 70. District Registrars should be careful to check this annual return by the monthly ones to see that the figures in the former exactly coincide with the aggregate of the corresponding figures in the later. In attention to these matters may lead to unnecessary delay, trouble and correspondence.

 

Rule - 68. Miscellaneous Annual Returns by District Registrars.?

 

In addition to the above, the following miscellaneous annual returns shall also be submitted by the District Registrars to the Inspector General of Registration in respect of all Departmental Sub-Registrars:-

 

(i)       Detailed statement of establishment as it stood on the 1st April in the form prescribed by the Accountant General, and.

 

(ii)      Statement showing the number of inspection by the District Registrar, Deputy Inspector General and Inspector General.

Rule - 69. Stock book of Government property.?

 

Each Departmental Sub- Registrar shall maintain a stock book of Government property (excluding landed property and buildings) viz. furniture and other valuable articles. The Deputy Inspector General of Registration will, during the course of inspection pay special attention to the examination of stock book in registration offices and bring to the notice of the Inspector General any matters needing attention.

 

Rule - 70. Return of deeds of transfer of immovable property to which Government servants are parties.?

 

All cases of the registration of deeds of transfer of immovable property to which Government servants are parties shall be reported by the District Registrar concerned to the Head of the Department. Commissioner of the Division. District Officer or District and Sessions Judge to whom the official concerned is sub-ordinate.

 

Rule - 71. Statement of inspections.?

 

The return of statement of inspections will be in Form No. 4. Appendix III. It should be submitted by the District Registrars with the annual statistical tables not latter than the 1st February'. It should show separately for each office the particulars required by the headings, but not the results of inspections which will be submitted in accordance with rule 7.

 

Rule - 72. Annual Reports by the District Registrars.?

 

District Registrars shall submit to the Inspector General every year a report on the administration of the Department. The Report should give a clear indication as to the significance of the statistics and a brief review of the operation of the preceding year with such further remarks as the statistics or the inspections may suggest. For example, any marked increase or decrease or the number of registrations under the several heads of classification should be explained. The causes affecting the popularity of registration and the tendency to resort to it should be reported. Facts which seem to offer data for conclusion as to whether optional registration is becoming more or less frequent, should be noted. If District Registrar is of opinion that registration is not gaining popularity, remedies which may appear to be suitable should be suggested. Remarks on the miscellaneous business of the Department, such as the deposit etc., of will authentication of powers of attorney, issue of commissions, refusals to register, prosecutions, applications for searches, inspections and copies and such like, will be interesting. The reasons for refusing to register should be analysed, and details should be given of the cause and result of prosecutions and registered documents discredited by civil courts. The working of the staff and their qualifications should also be noted.

 

Rule - 73. Date of submission of the Annual Report.?

 

The Annual Reports must be forwarded to the Inspector General at the latest by the 1st of February, each year. Delay in submission will be noted in the Provisional Report submitted to the Government.

 

Rule - 74. Inscriptions on seals and their custody.?

 

Every District Registrar has been provided with a seal as required by the 15th of the Act. bearing an inscription in English and Hindi, of the authorized designation of his office. This seal shall always remain in the personal custody of the registering officer and shall be used for authentication of the following:

 

(i)       all powers of attorney attested under section 33, clause (a);

 

(ii)      all commissions issued under sections 33 and 38;

 

(iii)     all applications for the issue of summons to witnesses under section 36;

 

(iv)    all copies of entries in register-books and indexes granted under section 57;

 

(v)      all certificates of registration made under section 60;

 

(vi)    all memoranda and copies forwarded under section 64, 65, 66 and 67;

 

(vii)   all copies of reasons for refusal to register granted under section 71 and 76;

 

(viii)  all orders issued by the District Registrars under section 72 or 75, directing documents to be registered;

 

(ix)    all summons issued by the District Registrars under section 75;

 

(x)      all pages of books Nos. 1, 2, 3, 4 and 5; and

 

(xi)    each page of the original document after registration.

Rule - 75. Renewal of seals.?

 

When a seal has become unfit for use, and is replaced by a new one, the former shall be destroyed in the presence of the District Registrar of the District. The seals of offices permanently closed shall be destroyed in the same manner. All new seals, whether for newly created offices, or to replace those which have become unfit for use, shall be supplied on application from the office of the Inspector General. Care should be taken to produce a distinct and legible impression, and for this purpose, the use of a pad and good ink should be insisted upon.

Blank Books and Forms

Rule - 76. Indents of the Deputy Inspector General of Registration.?

 

Deputy Inspector General of Registration shall submit by the 1st November in each year indent for blank books and forms for the requirements of subordinate offices in his circle for the next ensuing financial year.

 

Rule - 77. Forms of indents.?

 

The indent shall contain the headings given in Form No. 5. Appendix III, in column 2 of which will be found printed a list of the sanctioned forms of the Department.

 

Rule - 78. Punctual submission of indents.?

 

To ensure regularity in supply, indents should be punctually submitted to the office of the Inspector General on or before the prescribed date, so that they may be checked and sufficient time allowed to the Press for the printing and supply by the end of March. This rule must be carefully observed as in attention to it will frustrate all the Press arrangements for economical working.

 

Rule - 79. Supply of Register Books.?

 

All the registers, books and forms will be supplied by the Government Press, Jaipur, direct to the Deputy Inspector General of Registration, who will arrange for their custody and transmission to the District Registrars and Sub-Registrars in accordance with the following rules.

 

Rule - 80. Distribution of Registers, Receipts and File Books.?

 

Registers Nos. I to VIII and the File Book No. I will be retained in the custody of the Deputy Inspector General of Registration of the Circle and supplied to the District Registrars and Sub-Registrars only as they are required on application in Form No. 20, Appendix III. Sub-Registrars should make applications in ample time to admit of the arrival of these registers and books before they are actually required. Spare blank volumes of these registers and books should on no account be allowed to remain in Sub- Registrars? offices longer than is absolutely necessary before being brought into use.

 

Before issuing these registers and books to the District Registrars and Sub-Registrars, the Deputy Inspector General of Registration will certify the number of pages in each of the registers and books on the title page in accordance with section 16(2) of the Act.

 

Rule - 81. Distribution of other Books and Forms.?

 

With the exception of the registers and books referred to in the preceding rule, all other books and forms will be distributed to District Registrars and Sub-Registrars as soon as they are received by the Deputy Inspector General of Registration from the Government Press. Jaipur. Care should be taken that not more than a sufficient number of forms is annually supplied. For this purpose all indents from the Deputy Inspector General of Registration should be carefully scrutinized in the office of the Inspector General.

 

Rule - 82. Saleable Forms.?

 

The Deputy Inspector General of Registration shall keep a stock of saleable forms (Form No. 20, Appendix I- Vol. I) required for each of the Sub-Registrar?s office under his charge for a full year?s requirement for his circle. The amount realized from the sale of these forms shall be deposited in Cash Book and remitted to the treasury. A regular account shall be kept of all kinds of saleable forms in both the District Registrars and Sub-Registrars, offices.

 

Rule - 83. Use of other Forms prescribed.?

 

No forms other than the sanctioned forms should be brought into use in the department without the express sanction of the Inspector General and on no pretext, whatever, should books or forms be printed at private presses.

 

Forms for use in the accounts and other departments must be indented for under the orders of the department concerned.

 

Rule - 84. Stock Book of Forms.?

 

A stock book of forms will be kept in every office in forms No. 17. Appendix 1.

References from Sub-Registrars

Rule - 85. District Registrars to dispose of references from Sub-Registrars.?

 

District Registrar should, as far as possible, themselves dispose of references from Sub-Registrars, and should not transmit them to the Inspector General unless his orders are really required. This caution is necessary because a great proportion of the references that reach the Inspector General's office are on points which have already distinctly provided for and should have been disposed of in the District Registrar's office. But where a point of law or of procedure not already provided for is raised, or where the question is one of general application, the District Registrar should refer it for orders by means of a letter which should fully state the case, and the District Registrar?s opinion thereon.

Appendix I

Form No. 17

(Rule 84)

Stock Book of Forms

 

 

Appendix III

Form No. 1

(Rule 63)

Weekly report of documents and applications for copies which remained incomplete for three days from the date of presentation during the week ending......

 

Office...........

District......

Sub-Registrar

Dated.........

To

The District Registrar

District......

Sub-Registrar,

........................

 

Appendix - III - Form No. 2

(Rule 64)

District Registrar

Statement of the office of the District Registrar/Sub-Registrar District.........

Sub-Registrar

 

Showing Registration and receipt for the month of......19

 

 

 

Appendix - III - Form No. 3

(Rule No. 66)

Annual Return:- Statement of Instruments registered and of the value of the property transferred by registered documents together with the fees thereof and miscellaneous receipts in the district of ........for the year 19

 

 

 

 

District...........

Dated..............

Registrar

Notes:-(1) Columns 6 and 7 should show all the instruments of sales of value below or over Rs. 100/-.

(2) Columns 8 and 9 should show all the instruments of mortgages of value below or over Rs. 100/-

(3) Columns 12, 13 and 14 should show perpetual leases and other leases as have been compulsory registered under section 17, clause (d) of the Registration Act, 1908 or under sections 107 and 117 of the Transfer of Property Act, 1882, as amended by sections 5 and 6 of Act VI of 1904.

(4) Columns 18 to 20 should show instruments of leases for one year or less [section 18. clause (c) of the Registration Act, 1908) and those exempted under the proviso to section 17 of the Act or exempted under the proviso in section 107 of the Transfer of Property Act, 1882, as amended by section 5 of Act VI of 1904.

Appendix - III - Form No. 4

(Rule 71)

Statement showing number of inspections of Registration offices by Inspector-General of Registration District Registrars and Inspectors of Registration offices during the year ending.......

 

District...............

Dated .................

District Registrar

.............................

 

Appendix - III - Form No. 5

(Rule 77)

Indent for registration books and forms required for offices in the registration district of the year ending................

 

 

Form No. 17 Appendix III

(Rule 15)

Diary of [Deputy Inspector General] of Registration offices............Circle, for the month of ........19 ..........

 

Summary

 

 

Number of days on tour during the year

 

Forwarded to the Inspector General of Registration, Rajasthan, Jaipur.

Dated...........

[Deputy Inspector General] of Registration and Stamps

Office.........Circle ........

 

Form No. 18 Appendix III

(Rule 23)

Inspection Report

Registration Department

             I.            Office Inspected

           II.            Date of inspections.

         III.            Statistics of business during the past two years and in the current year to date of inspection

 

Form No. 19 Appendix III

(Rule 62)

 

Diary of the Sub-Registrar.........Sub-District.................

Name of Sub-Registrar............Name of clerks (i).......... (ii)........

 

Appendix III

Form No. 20

(Rule 80)

Application for Registers

 

Appendix V

(Rule 21)

The following questions have been drawn up as a inspection of registration offices by Deputy Inspector pointed under section 8 of the Indian Registration Act.

 

Registers I to IV and VI to VIII