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REGISTRATION ACT, 1908 (CHANDIGARH AMENDMENT)

REGISTRATION ACT, 1908 (CHANDIGARH AMENDMENT)

REGISTRATION ACT, 1908 (CHANDIGARH AMENDMENT)

Section 18 - Documents of which registration is optional

Any of the following documents may be registered under this Act, namely:--

(a)   Instruments (other than instruments of gift and wills) which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of a value less then one hundred rupees, to or in immovable property;

(b)   instruments acknowledging the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest;

(c)    leases of immovable property for any term not exceeding one year, and leases exempted under section 17;

[1] [(cc) instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of a value less than one hundred rupees, to or in immovable property;]

(d)    instruments (other than wills) which purport or operate to create, declare, assign, limit or extinguish any right, title or interest to or in movable property;

(e)    wills; and

(f)     all other documents not required by section 17 to be registered.

[STATE AMENDMENTS

PUNJAB, HARYANA, CHANDIGARH:

[2] [After section 18, insert the following new section:--

"18A. Document for registration to be accompanied by a true copy thereof.-- Notwithstanding anything contained in this Act, the registering officer shall refuse to register any document presented to him for registration unless such document is accompanied by a true copy thereof."]

[3] [After Section 18

The following section shall be inserted, namely:-

"18A. Documents for registration to be accompanied by a true copy thereof -Notwithstanding any thing contained in this Act, the registering officer shall refuse to register any document presented fo him for registration unless such document is accompanied by a true copy thereof."]

Section 19 - Documents in language not understood by registering officer

If any document duly presented for registration be in a language which the registering officer does not understand, and which is not commonly used in the district he shall refuse to register the documents, unless it be accompanied by a true translation into a language commonly used in the district and also by a true copy.

[STATE AMENDMENTS

PUNJAB, HATYANA, CHANDIGARH:

[4] [For the words "a true translation", substitute "two copies of the true translation".]

[5] [In Section 19

The words "a true translation" the words "two copies of the true translation" shall be substituted.]

Section 22 - Description of houses and land by reference to Government maps or surveys

(1)   Where it is, in the opinion of the [6] [State Government], practicable to describe houses, not being houses in towns, and lands by reference to a Government map or survey, the [7] [State Government] may, by rule made under this Act, require that such houses and lands as aforesaid shall, for the purposes of section 21, be so described.

(2)   Save as otherwise provided by any rule made under sub-section (1), failure to comply with the provisions of section 21, sub-section (2) or sub-section (3), shall not disentitle a document to be registered if the description of the property to which it relates is sufficient to identify that property.

[STATE AMENDMENTS

PUNJAB, HARYANA, CHANDIGARH:

[8] In section 22, in sub-section (1), omit the words "not being houses in towns".

Section 52 - Duties of registering officers when document presented

(1)   (a) The day, hour and place of presentation, [9] [the photographs and finger prints affixed under section 32A,] and the signature of every person presenting a document for registration, shall be endorsed on every such document at the time of presenting it;

(b) a receipt for such document shall be given by the registering officer to the person presenting the same; and

(c) subject to the, provisions contained in section 62, every document admitted to registration shall without unnecessary delay be copied in the book appropriated therefore according to the order of its admission.

(2)   All such books shall be authenticated at such intervals and in such manner as is from time to time prescribed by the Inspector-General.

[STATE AMENDMENTS

PUNJAB, HARYANA AND CHANDIGARH:

[10] [For clause (c) of sub-section (1) of section 52, substitute the following, namely:--

"(c) Subject to the provisions contained in section 62, a copy of every document admitted to registration shall, without unnecessary delay, be pasted in the book appropriated therefore according to the order of admission of the document."]

[11] [In Section 52

The following shall be substituted, namely ;-

"(c) subject to the provisions contained in Section 62, a copy of every document admitted to registration shall without unnecessary delay be pasted in the book appropriated therefor according to the order of admission of the document.".]

 

Section 62 - Procedure on presenting document in language unknown to registering officer

(1)   When a document is presented for registration under section 19, the translation shall be transcribed in the register of documents of the nature of the original, and, together with the copy referred to in section 19, shall be filed in the registration office.

(2)   The endorsements and certificate respectively mentioned in sections 59 and 60 shall be made on the original, and, for the purpose of making the copies and memoranda required by sections 57, 64, 65 and 66, the translation shall be treated as if it were the original.

[STATE AMENDMENTS

PUNJAB, HARYANA AND CHANDIGARH:

[12] [For sub-section (1) of section 62 substitute the following:--

"(1) When a document is presented for registration under section 19, a copy of the translation shall be pasted in the register of document of the nature of the original, and the second copy of the translation, together with the copy referred to in section 19, shall be filed in the registration office."]

[13] [In Section 62

The following shall be substituted, namely :-

"(1) When a document is presented for registration under Section 19, a copy of the / 90 Indian] Registration (Punjab Amendment) Act, 1961, Section 6 translation shall be pasted in the register of documents of the nature of the original, and the second copy of the translation, together with the copy referred to in Section 19, shall be filed in the registration office.".]

Section 69 - Power of Inspector-General to superintend registration offices and make rules

(1)   The Inspector-General shall exercise a general superintendence over all the registration offices in the territories under the [14] [State Government], and shall have power from time to time to make rules consistent with this Act?

(a)    providing for the safe custody of books, papers and documents; [15] [***]

[16] [(aa) providing the manner in which and the safeguards subject to which the books may be kept in computer floppies or diskettes or in any other electronic form under sub-section (1) of section 16A;]

(b)    declaring what language shall be deemed to be commonly used in each district;

(c)    declaring what territorial divisions shall be recognized under section 21;

(d)    regulating the amount of fines imposed under sections 25 and 34, respectively;

(e)    regulating the exercise of the discretion reposed in the registering officer by section 63;

(f)     regulating the form in which registering officers are to make memoranda of documents;

(g)    regulating the authentication by Registrars and Sub-Registrars of the books kept in their respective offices under section 51;

[17] [(gg) regulating the manner in which the instruments referred to in sub-section (2) of section 88 may be presented for registration;]

(h)   declaring the particulars to be contained in Indexes Nos. I, II, III and IV, respectively;

(i)    declaring the holidays that shall be observed in the registration offices; and

(j)    generally, regulating the proceedings of the Registrars and Sub-Registrars.

(2)    The rules so made shall be submitted to the [18] [State Government] for approval, and, after they have been approved, they shall be published in the [19] [Official Gazette], and on publication shall have effect as if enacted in this Act.

[STATE AMENDMENTS

PUNJAB, HARYANA AND CHANDIGARH:

[20] [In sub-section (1) of section 69, after clause (b), insert the following clause, namely:--

"(bb) declaring what persons shall be permitted to act as document writers in the offices of registering officers, regulating the issue of licences to such persons, the conduct of business by them, the scale of fees to be charged by them and determining the authority by whom breaches of such rules shall be investigated and the penalties which may be imposed."]

[21] [In Section 69

The following clause shall be inserted, namely:-

"(bb) declaring what persons shall be permitted to act as document writers in the offices of registering officers, relating the issue of licences to such persons, the conduct of business by them, the scale of fees to be charged by them and determining the authority by which breaches of such rules shall be investigated and the penalties which may be imposed."]

 

 

 

 

 

 

 

 

 



[1] Inserted by Act 33 of 1940, section 2.

 

[2] Vide Punjab Act 19 of 1961, section 2 (w.e.f. 4-5-1961); Act 33 of 1966 section 89.

[3] Inserted by Indian Registration (Punjab Amendment) Act, 1961 (punjab).

[4] Vide Punjab Act 19 of 1961, Section 3 (w.e.f. 4-5-1961); Act 31 of 1966, Section 89.

 

[5] Substituted by Indian Registration (Punjab Amendment) Act, 1961 (punjab).

[6] Substituted by the A.O. 1950, for "Provincial Government".

 

[7] Substituted by the A.O. 1950, for "Provincial Government".

[8] Vide Punjab Act 8 of 1941, Section 2 (w.e.f. 23-5-1941) read with Act 23 of 1960, Section 4; Act 31 of 1966, Section 88.

 

[9] Inserted  by Act 48 of 2001, section 7 (w.e.f. 24-9-2001).

 

[10] Vide Punjab Act 19 of 1961, section 4 (w.e.f. 4-5-1961): Act 31 of 1966, section 89 (w.e.f. 1-11-1966).

[11] Substituted by Indian Registration (Punjab Amendment) Act, 1961 (punjab).

[12] Vide Punjab Act 19 of 1961, section 5 (w.e.f. 4-5-1961); Act 31 of 1966, section 88.

[13] Substituted by Indian Registration (Punjab Amendment) Act, 1961 (punjab).

[14] Substituted  by the A.O. 1950, for "Provincial Government".

[15] Certain words rep. by Act 5 of 1917, section 6 and Schedule.

[16] Inserted  by Act 48 of 2001, section 9 (w.e.f. 24-9-2001).

[17] Inserted  by Act 39 of 1948, section 4.

[18] Substituted  by the A.O. 1950, for "Provincial Government".

[19] Substituted  by the A.O. 1937, for "Local Official Gazette".

 

[20] Vide Punjab Act 19 of 1961, section 6 (w.e.f. 4-5-1961); Act 31 of 1966, section 88 (w.e.f. 1-11-1966).

[21] Inserted by Indian Registration (Punjab Amendment) Act, 1961 (punjab).