REGISTRATION ACT, 1908 (ASSAM AMENDMENT)

Section 21 - Description of property and maps or plans

(1)    No non-testamentary document relating to immovable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same.

(2)    Houses in towns shall be described as situate on the north or other side of the street or road (which should be specified) to which they front, and by their existing and former occupancies, and by their numbers if the houses in such street or road are numbered.

(3)   Other houses and lands shall be described by their name, if any, and as being the territorial division in which they are situate, and by their superficial contents, the roads and other properties on to which they abut, and their existing occupancies, and also, whenever it is practicable, by reference to a Government map or survey.

(4)   No non-testamentary document containing a map or plan of any property comprised therein shall be accepted for registration unless it is accompanied by a true copy of the map or plan, or, in case such property is situate in several districts, by such number of true copies of the map or plan as are equal to the number of such districts.

STATE AMENDMENTS

ASSAM

[1] [After Section 21

the following new section 21A shall be inserted, namely: -

"21A. No registration of non-testamentary instruments without no objection certificate.-

Notwithstanding anything contained in any other provision of this Act, no non-testamentary instrument relating to immovable property shall be accepted for registration, unless the Deputy Commissioner of the concerned district issues a No Objection Certificate containing the description of such immovable property to be transferred and also such other No objection Certificates, which are required to be issued by the Deputy Commissioner or any other Authority under any law for the time being in force or under any Executive Instruction, Order, etc., issued by the State Government from time-to-time:

Provided that all such No Objection Certificates shall be issued within a period of thirty days from the date of the receipt of application and in case No Objection Certificate is not issued within the stipulated period of thirty days, a speaking order with reasons thereof shall be issued to the applicant within the said stipulated period."]

 

Section 78 - Fees to be fixed by State Government

[2] [***] The [3] [State Government] shall prepare a table of fees payable--

(a)     for the registration of documents;

(b)     for searching the registers;

 

(c)    for making or granting copies of reasons, entries or documents, before on or after registration;

and of extra or additional fees payable--

(d)    for every registration under section 30;

(e)    for the issue of commissions;

(f)     for filing translations;

(g)    for attending at private residences;

(h)    for the safe custody and return of document; and

(i)     for such other matters as appear to the Government necessary to effect the purposes of this Act.

[STATE AMENDMENTS

[Assam

[4] [After Section 78

the following new section 78A shall be inserted, namely:-

78A. "Power to reduce or remit fees.

The State Government may, if in its opinion it is necessary in the public interest so to do, by order published in the Official Gazette, reduce or remit the fees payable in respect of any of the matters enumerated in clauses (a) to (i) of section 78, either generally or for any particular class of cases and in respect of persons generally or of any particular class or classes of persons, or in respect of any particular class or classes of instruments."]