REGISTRATION ACT, 1908 (KARNATAKA AMENDMENT)

Section 6 - Registrars and Sub-Registrars

The [1] [State Government] may appoint such persons, whether public officers or not, as it thinks proper, to be Registrars of the several districts, and to be Sub-Registrars of the several sub-districts, formed as aforesaid, respectively.

[2] [***]

[STATE AMENDMENTS

[3] [Karnataka:

In section 6, the following proviso shall be inserted at the end:--

"Provided that the State Government may also appoint one or more Sub-Registrars for the same Sub-District:

Provided further that the State Government may delegate to the Inspector-General of Registration, the power of appointing Sub-Registrars."

[4] [In Section 6

The following shall be inserted, namely:-

"Provided that the State Government may also appoint one or more Sub-Registrars for the same sub-district:

Provided further that, the State Government may delegate to the Inspector General of Registration, the power of appointing Sub-Registrars.".]

[5] [In Section 6

The following shall be inserted, namely:-

? Provided that the State Government may also appoint one or more Sub-Registrars for the same sub-district:

Provided further that, the State Government may delegate to the Inspector General of Registration, the power of appointing Sub-Registrars.?.]

 

Section 12 - Absence of Sub-Registrar or vacancy in his office

When any Sub-Registrar is absent, or when his office is temporarily vacant, any person whom the Registrar of the district appoints in this behalf shall be Sub-Registrar during such absence, or until [6] [the vacancy is filled up].

[STATE AMENDMENTS

[7] [Karnataka:

In section 12, after the word "whom" the words "the Inspector-General of Registration or" shall be inserted.]

[8] [In Section 12

The word ?whom? the words ?the Inspector General of Registration or? shall be inserted.]

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

KARNATAKA:

[9] [Same as that in Kerala.

[10] [After Section 19

The following section shall be inserted, namely:-

"19A. Documents presented for registration to be accompanied by true copies thereof.-  

(1)    No document shall be accepted for registration unless it is accompanied by a true copy thereof.

(2)   The true copy referred to in sub-section (1) shall be neatly hand written, printed, typewritten, lithographed or otherwise prepared in accordance with such rules as may be made in this behalf."]

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

(1)    Where it is, in the opinion of the [11] [State Government], practicable to describe houses, not being houses in towns, and lands by reference to a Government map or survey, the [12] [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

KARNATAKA:

[13] [Same as that of Orissa.

[14] [After Section 22

The following section shall be inserted namely:-

"22A. Documents registration of which is opposed to public policy.-

(1)   The State Government may, by notification, in the official Gazette, declare that the registration of any document or class of documents is opposed to public policy.

(2)   Notwithstanding anything contained in this Act, the registering officer shall refuse to register any document to which a notification issued under sub-section (1) is applicable."]

Section 30 -Registrationby Registrars in certain cases

(1)    Any Registrar may in his discretion receive and register any document which might be registered by any Sub-Registrar subordinate to him.

[15] [***]

[STATE AMENDMENTS

KARNATAKA

[16] [In Section 30

The brackets and figure "(1)" and 'sub-section (2)' shall be omitted.]]]

Section 45 - Proceedings on death of depositor

(1)    If, on the death of a testator who has deposited a sealed cover under section 42, application be made to the Registrar who holds it in deposit to open the same, and if the Registrar is satisfied that the testator is dead, he shall, in the applicant's presence, open the cover, and, at the applicant's expense, cause the contents thereof to be copied into his Book No. 3.

(2)    When such copy has been made, the Registrar shall re-deposit the original will.

[STATE AMENDMENTS

KARNATAKA:

[17] [Amendments to section 45 are the same as in Kerala.

[18] [In Section 45

(a)    in sub-section (1), for the words, letters and figure "cause the contents thereof to be copied into his Book No.3", the words, letters and figure "cause a true copy of the contents thereof to be made and filled in his Book No. 3" shall be substituted;

(b)    in sub-section (2) for the words "copy has been made", the words "true copy has been filed" shall be substituted.]

Section 46 - Saving of certain enactments and powers of Courts

(1)   Nothing hereinbefore contained shall affect the provisions of section 259 of the Indian Succession Act, 1865, or of section 81 of the Probate and Administration Act, 1881, or the power of any Court by order to compel the production of any will.

(2)    When any such order is made, the Registrar shall, unless the will has been already copied under section 45, open the cover and cause the will to be copied into his Book No. 3 and make a note on such copy that the original has been removed into Court in pursuance of the order aforesaid.

STATE AMENDMENTS

KARNATAKA:

[19] [Amendments to section 46 are the same as in Kerala.

[20] [In Section 46

(a)    for the words "unless the will has been already copied", the words "unless a true copy of the will has already been filled" shall be substituted;

(b)    for the words, letters and figure "cause the will to be copied into his Book No.3", the words, letters and figure "cause a true copy of the will to be made and filed in his Book No. 3" shall be substituted.]

Section 51 - Register-books to be kept in the several offices

(1)   The following books shall be kept in the several offices hereinafter named, namely:--

A--In all registration offices--

Book 1, "Register of non-testamentary documents relating to immovable property".

Book 2, "Record of reasons for refusal to register".

Book 3, "Register of wills and authorities to adopt", and

Book 4, "Miscellaneous Register".

B--In the offices of Registrars--

Book 5, "Register of deposits of wills".

(2)   In Book 1 shall be entered or filed all documents or memoranda registered under sections 17, 18 and 89 which relate to immovable property, and are not wills.

(3)    In Book 4 shall be entered all documents registered under clauses (d) and (f) of section 18 which do not relate to immovable property.

(4)    Nothing in this section shall be deemed to require more than one set of books where the office of the Registrar has been amalgamated with the office of a Sub-Registrar.

[STATE AMENDMENTS

KARNATAKA:

[21] [Amendments to section 51(2) and (3) are the same as in Kerala. Insert sub-section (5) as under:

"(5) If, any of the books mentioned in sub-section (1) is destroyed or in the opinion of the Registrar is in danger to being destroyed, or becoming illegible wholly or partially, the Registrar may, by a written order, direct such book or such portion thereof as he thinks fit, to be reconstructed or, recopied as the case may be and authenticated in such manner as may be prescribed under section 69 and the copy prepared and authenticated under such direction shall for the purpose of this Act, be deemed to have taken the place of and to be the original book or portion and all references in this Act, to the original book or portion shall be deemed to be references to the book or portion so prepared and authenticated."]

[22] [In Section 51

(a)    for sub-section (2), the following sub-section shall be substituted, namely:-

"(2) In Book No.1 shall be filed,-

(i)??? true copies of all documents; and

(ii)?? all memoranda registered under sections 17, 18 and 89 which relate to immovable property, and are not wills.";

(b)    in sub-section (3), for the words "entered all documents", the words "filed true copies of all documents" shall be substituted;

(c)    after sub-section (4), the following sub-section shall be inserted, namely:-

"(5) If, in the opinion of the Registrar, any of the books mentioned in sub-section (1) is in danger of being destroyed, or becoming illegible wholly or partially, the Registrar may, by a written order, direct such book or such portion thereof as he thinks fit, to be recopied and authenticated in such manner as may be prescribed under section 69, and the copy prepared and authenticated under such direction shall for the purposes of this Act, be deemed to have taken the place of and to be the original book or portion and all references in this Act, to the original book or portion shall be deemed to be references to the book or portion so prepared and authenticated."]

[23] [In Section 51

The following sub-section shall be inserted, namely:-

"(5) If, any of the books mentioned in sub-section (1) is destroyed or in the opinion of the Registrar is in danger of being destroyed, or becoming illegible wholly or partially, the Registrar may by a written order, direct such book or such portion thereof as he thinks fit, to be reconstructed or recopied, as the case may be, and authenticated in such manner as may be prescribed under section 69, and the copy prepared and authenticated under such direction shall for the purpose of this Act, be deemed to have taken the place of and to be the original book or portion and all references in this Act, to the original book or portion shall be deemed to be references to the book or portion so prepared and authenticated."]

Section 52 - Duties of registering officers when document presented

(1)   (a) The day, hour and place of presentation, [24] [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

KARNATAKA:

[25] [Amendments to section 52 are the same as in Kerala.

[26] [In Section 52

The following clause shall be substituted, namely:-

"(c) subject to the provisions contained in section 62 where a document is admitted to registration, a true copy thereof shall, without unnecessary delay, be filed in the appropriate book according to the order of its admission".]

Section 54 - Current indexes and entries therein

In every office in which any of the books hereinbefore mentioned are kept, there shall be prepared current indexes of the contents of such books; and every entry in such indexes shall be made, so far as practicable, immediately after the registering officer has copied, or filed a memorandum of, the document to which it relates.

[STATE AMENDMENTS

KARNATAKA:

[27] [In section 54, for the words "copied or filed a memorandum of" substitute the word "filed a true copy or the memorandum of".

[28] [In Section 54

The the words "copied or filed a memorandum of", the words " filed a true copy of the memorandum of " shall be substituted.]

Section 55 - Indexes to be made by registering officers, and their contents

(1)   Four such indexes shall be made in all registration offices, and shall be named, respectively, Index No. I, Index No. II, Index No. Ill and Index No. IV.

(2)   Index No. I shall contain the names and additions of all persons executing and of all persons claiming under every document entered or memorandum filed in Book No. 1.

(3)    Index No. II shall contain such particulars mentioned in section 21 relating to every such document and memorandum as the Inspector-General from time to time directs in that behalf.

(4)    Index No. III shall contain the names and additions of all persons executing every will and authority entered in Book No. 3, and of the executors and persons respectively appointed thereunder, and after the death of the testator or the donor (but not before) the names and additions of all persons claiming under the same.

(5)    Index No. IV shall contain the names and additions of all persons executing and of all persons claiming under every document entered in Book No. 4. 

(6)    Each Index shall contain such other particulars, and shall be prepared in such form, as the Inspector-General from time to time directs.

[STATE AMENDMENTS

KARNATAKA:

[29] [Amendments to section 55 are the same as in Kerala.

[30] [In Section 55

(a)    in sub-section (2), for the words "documents entered or memorandum filed", the words "documents of which a true copy or memorandum is filed" shall be substituted;

(b)    in sub-section (4), for the words "authority entered", the words "authority of which a true copy is filed" shall be substituted;

 

(c)     in sub-section (5), for the words "document entered", the words "documents of which a true copy is filed" shall be substituted.]

Section 60 - Certificate ofregistration

(1)    After such of the provisions of sections 34, 35, 58 and 59 as apply to any document presented for registration have been complied with, the registering officer shall endorse thereon a certificate containing the word "registered", together with the number and page of the book in which the document has been copied.

(2)    Such certificate shall be signed, sealed and dated by the registering officer, and shall then be admissible for the purpose of proving that the document has been duly registered in manner provided by this Act, and that the facts mentioned in the endorsement, referred to in section 59 have occurred as therein mentioned.

[STATE AMENDMENTS

KARNATAKA:

[31] [Amendments to section 60 are the same as in Kerala.

[32] [In Section 60

The words "the document has been copied", the words " a true copy of the document has been filed" shall be substituted.]

Section 61 - Endorsements and certificate to be copied and document returned

(1)   The endorsements and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the margin of the Register-book, and the copy of the map or plan (if any) mentioned in section 21 shall be filed in Book No. 1.

 

(2)    The registration of the document shall thereupon be deemed complete, and the document shall then be returned to the person who presented the same for registration, or to such other person (if any) as he has nominated in writing in that behalf on the receipt mentioned in section 52.

STATE AMENDMENTS

KARNATAKA

[33] [[34] [Amendments to section 61 are the same as in Kerala.

[35] [In Section 61

The following sub-section shall be substituted namely:-

"(1) The endorsements and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the true copy of the document presented along with the document and the true copy of the map or the plan (if any) mentioned in section 21 shall also be filed along with the true copy of the document."

In section 61, in sub-section (2), after the words "returned" the words "in the manner prescribed by rules" shall be inserted.]

[36] [In Section 61

The word "returned", the words "in the manner prescribed by rules" shall be inserted.]

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

KARNATAKA:

[37] [Amendment to section 62(1) is the same as in Kerala.

[38] [In Section 62

The following sub-section shall be substituted, namely:-

" (1) When a document is presented for registration under section 19, the translation together with the true copy of the document shall be filed in the appropriate book."]

Section 67 - [Omitted]

[39] [***]

[STATE AMENDMENTS

[Karnataka

[40] [In Section 67

section 67, shall be Omitted.]

Section 69 - Power of Inspector-General to superintendregistrationoffices and make rules

(1)   The Inspector-General shall exercise a general superintendence over all the registration offices in the territories under the [41] [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; [42] [***]

[43] [(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;

[44] [(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 [45] [State Government] for approval, and, after they have been approved, they shall be published in the [46] [Official Gazette], and on publication shall have effect as if enacted in this Act.

[STATE AMENDMENTS

KARNATAKA:

[47] [[48] [In section 69(1),--

(i)???? in clause (g) after the word and figures "section 51" insert the words "and the manner of recopying such books on portions thereof",

(ii)??? after clause (i) insert us under--

"(ii) prescribing the manner in which and the terms subject to which persons who write deeds outside the precincts of a registration officer, or who frequent the precincts of registration officers, for the purpose of writing documents may be granted licence and prescribing the fees to be paid for such licences;"

In section (1) of section 69 after clause (j), the following shall be inserted, namely:--

"(k) providing for the manner of return of documents under sub-section (2) of section 61".

[49] [In Section 69

(i)???? in clause (g), after the word and figures "section 51", the words " and the manner of recopying such books or portions thereof" shall be inserted;

(ii)??? after clause (i), the following clause shall be inserted, namely:-

"(ii) prescribing the manner in which and the terms subject to which persons who write deeds outside the precincts of a registration officer, or who frequent the precincts of registration offices, for the purpose of writing documents may be granted licences and prescribing the fees to be paid for such licences;"]

[50] [In Section 69

The following shall be inserted, namely:-

"(k) providing for the manner of return of documents under sub-section (2) of section 61".]

 

Section 70 - Power of Inspector-General to remit fines

The Inspector-General may also, in the exercise of his discretion, remit wholly or in part the difference between any fine levied under section 25 or section 34, and the amount of the proper registration fee.

[STATE AMENDMENTS

[51] [Karnataka:

Following part and sections be inserted:--

"PART IXA

PHOTOCOPYING OF DOCUMENTS

70A. Application of this Part.--

This Part shall apply only to the areas in respect of which a notification is issued by the State Government under section 70:

Provided that nothing in this Part shall apply to the registration of any document executed before its application to such area.

70B. Definition.--

In this Part, "photocopy" means a copy prepared on such paper and by means of such photocopying process or machine as may be prescribed by rules and "photocopied" and "photocopying" shall be construed accordingly.

70C. Documents may be photocopied in the areas notified by the State Government.--

(1)   The State Government may, by notification, direct that in any district or sub-district specified in the notification, copies of documents admitted to registration under this Act shall be made by photocopying.

(2)    On the issue of such notification, it shall be passed in a conspicuous place at the registration offices affected by the notification.

70D. Application of Act to areas notified under section 70C.--

In any district or sub-district in respect of which notification has been issued under section 70C, the provisions of this Act shall, for the purpose of this Part be subject to the following modifications, namely:--

(1)   (a) Every document admitted to registration under section 35 or section 41 shall be carefully marked with an identification stamp and the serial number of the document on every page;

(b) The registering officer shall then cause, each side of each page of such document together with all stamped endorsements, seals, signatures, thumb-impressions and certificates appearing thereon to be photocopied without substraction or alteration. He may for this purpose cut or untie without breaking any seal, the thread or ribbon where the pages of the document are sewn together in order to separate the pages of the documents, and as soon as the document has been photocopied he shall rebind the document as before and if he has cut the thread or ribbon shall seal it over the joint with his seal;

(c) The registering officer shall then affix his signature and seal in token of the exact correspondence of such photocopy to the original document, as admitted for registration;

(d) The registering officer shall cause a copy so prepared to be filed, in accordance with the provisions of this Act and such rules as may be prescribed;

(e) The true copy of the map or plan if any, mentioned in section 21 may also be filed along with the photocopy of the document or filed separately, in such manner as the Inspector General may direct.

(2)    All the words and expressions used in the Act with reference to the making of copies or documents by hand or the entering or filing of documents or memorandum in books provided under section 16, shall so far, as may be necessary, be construed as referring to the making of such copies by means of photocopying or the entering or filing of documents or memoranda in books made up of copies prepared by photocopying.

(3)    Where this Part applies, the sections mentioned below shall be deemed to be modified as follows:--

(a)    in section 19, the words "and also by true copy" shall be omitted;

(b)    in section 20, sub-section (2) shall be omitted;

 

(c)    in section 45,--

(i)???? in sub-section (1), for the words, letter and figure "cause the contents thereof to be copied into his book No. 3", the words, letter and figure "cause a photocopy of the contents thereof to be made and filed in his book No. 3" shall be substituted;

(ii)??? in sub-section (2), for the words "copy has been made", the words "photocopy has been filed" shall be substituted.

(d)      in sub-section (2) of section 46,--

(i)??? for the words "unless the will has been already copied", the words "unless a photocopy of the will has already been filed" shall be substituted;

(ii)??? for the words, letter and figure "cause the will to be copied into his Book No. 3", the words, letter and figure "cause a photocopy of the will to be made and filed in his Book No. 3" shall be substituted;

(e)      in section 51,--

(i)??? for sub-section (2), the following sub-section shall be substituted, namely:--

"(2) In Book No. 1 shall be filed--

(i)??? photocopies of all documents; and

(ii)??? all memoranda, registered under sections 17, 18 and 89 which relate to immovable property and are not wills."

(ii)??? in sub-section (3), for the words "entered all documents" the words "filed photocopies of all documents" shall be substituted;

(f)     in section 52, for clause (c) of sub-section (1), the following clause shall be substituted, namely:--

"(c)?? Subject to the provisions contained in section 62, every document admitted to registration shall, without unnecessary delay, be photocopied and filed in the appropriate book according to the order of its admission.";

(b)??? in the marginal heading and in section 53, for the word "entries" where it occur, the word "photocopies" respectively shall be substituted;

(g)    in section 54, for the words "copied, or filed a memorandum of" the words "filed a photocopy or a memorandum of" shall be substituted,

(h)   in section 55,--

(i)???? in sub-section (2), for the words "document entered or memorandum filed", the words "document of which a photocopy or memorandum is filed" shall be substituted;

(ii)??? in sub-section (4), the words "authority entered", the words "authority of which a photocopy is filed" shall be substituted;

(iii)?? in sub-section (5), for the words "document entered", the words "documents of which a photocopy is filed" shall be substituted;

(i)     in section 60, in sub-section (1), for the words "document has been copied", the words "photocopy of the document has been filed" shall be substituted;

(j)     in section 61, sub-section (1) shall be omitted;

(k)    in section 62, for sub-section (1), the following shall be substituted, namely:--

"(1) When a document is presented for registration under section 19, the translation together with the photocopy of the document shall be filed in the appropriate book.";

(l)     in section 81,--

(i)???? in the marginal heading, for the words "copying, translating, or registering documents", the words "copying, photocopying, translating, registering or filing photocopies of documents" shall be substituted;

(ii)??? for the words "copying, translating or registering of any document", the words "copying, photocopying, translating registers or files a copy of such document" shall be substituted;

(iii)?? for the words "copies, translates or registers such documents", the words "copies, photocopies, translates, registers or files a copy of such document" shall be substituted,

(m)    after section 89 following section shall be inserted, namely:--

"89 A. Power to make rules for filing of photocopies of document.--

(1)   The State Government may make rules for all purposes connected with the preparation or filing of photocopies of documents, in the appropriate books under this Act.

(2)   In particular and without prejudice to the generality of the foregoing powers, such rules may provide for?

(a)    the manner in which photocopies of documents shall be prepared; and

(b)     the manner of filing of such copies. 

(3)   All rules made under this section shall be published in the Official Gazette, and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

(4)   Every rule made under this section shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule."

(5)    Nothing in this Part shall apply to any document which is prepared on a printed or lithographed form or which in the opinion of the registering officer, is not in a fit condition to be photocopied.

 

(6)    Notwithstanding anything contained in this Part, in the case of document containing a map, plan or trade mark label, if the party presenting the document so desires, the registering officer may accept three copies of such map, plan or trade mark label and where such true copies are accepted, the map, plan or trade mark label shall not be photocopied and such copies thereof shall be filed in the appropriate file book."]

Karnataka:

[52] [After Part XI

The following Part and section shall be inserted, namely:-

"PART XIA

Photocopying of Documents

70A. Application of this part.-

This part shall apply only to the areas in respect of which a notification is issued by the State Government under section 70C:

Provided that nothing in this Part shall apply to the registration of any document executed before its application to such area.

70B. Definition.-

In this Part, "photocopy" means a copy prepared on such paper and by means of such photocopying process or machine as may be prescribed by rules and "photocopied" and "photocopying" shall be construd accordingly.

70C. Documents may be photocopied in the areas notified by the State Government.-

(1)    The State Government may, by notification, direct that in any district or sub-district specified in the notification, copies of documents admitted to registration under this Act shall be made by photocopying.

(2)    On the issue of such notification, it shall be pasted in a conspicuous place at the Registration offices affected by the notification.

70D. Application of Act to areas notified under section 70C.-

In any district or sub-district in respect of which notification has been issued under section 70C, the provisions of this Act shall, for the purpose of this Part, be subject to the following modifications, namely:-

(1)     (a) Every document admitted to registration under section 35 or section 41 shall be carefully marked with an identification stamp and the serial number of the document on every page.

(b) The Registering officer shall then cause, each side of each page of such document together with all stamps, endorsements, seals, signatures, thumb-impressions and certificates appearing thereon to be photocopied without substraction or alteration. He may for this purpose cut or untie without breaking any seal, the thread or ribbon where with the pages of the document are sewn together, in order to separate the pages of the documents, and as soon as the document has been photocopied, he shall rebind the document as before and if he has cut the thread or ribbon, shall seal it over the joint with his seal;

(c) The Registering officer shall then affix his signature and seal in token of the exact correspondence of such photocopy to the original document, as admitted for registration;

(d) The Registering officer shall cause a copy so prepared to be filed, in accordance with the provisions of this Act and such rules as may be prescribed;

(e) The true copy of the map or plan if any, mentioned in section 21 may also be filed along with the photocopy of the document or filed separately, in such manner as the Inspector General may direct.

(2)     All the words and expressions used in the Act with reference to the making of copies or documents by hand or the entering or filing of documents or memorandum in books provided under section 16, shall so far as may be necessary, be construed as referring to the making of such copies by means of photocopying or the entering or filing of documents or memoranda in books made up of copies prepared by photocopying.

(3)     Where this Part applies, the sections mentioned below shall be deemed to be modified as follows:-

(a)    in section 19, the words "and also by true copy" shall be omitted;

(b)    in section 20, sub-section (2) shall be omitted; 

(c)    in section 45,-

(i)??? in sub-section (1), for the words, letter and figures "cause the contents thereof to be copied into his Book No. 3", the words, letter and figure "cause a photocopy of the contents thereof to be made and filed in his Book No. 3" shall be substituted;

(ii)??? in sub-section (2), for the words "copy has been made", the words "photocopy has been filed" shall be substituted;

(d)     in sub-section (2) of section 46,-

(i)??? for the words "unless the will has been already copied", the words "unless a photocopy of the will has already been filed" shall be substituted;

(ii)?? for the words, letter and figure "cause the will to be copied into his Book No. 3", the words, letter and figure "cause a photocopy of the will to be made and filed in his Book No. 3" shall be substituted;

(e)     in section 51,-

(i)??? for sub-section (2), the following sub-section shall be substituted, namely:-

"(2) In Book No. 1 shall be filed,-

(i)??? photocopies of all documents; and

(ii)??? all memoranda, registered under sections 17, 18 and 89 which relate to immovable property and are not wills".

(ii)??? in sub-section (3), for the words "entered all documents" the words "filed photocopies of all documents" shall be substituted;

(f)     in section 52, for clause (c) of sub-section (1), the following clause shall be substituted, namely:-

"(c) Subject to the provisions contained in section 62, every document admitted to registration shall, without unnecessary delay, be photocopied and filed in the appropriate book according to the order of its admission".;

(g)   in the marginal heading and in section 53, for the words "entries" where it occurs, the words "photocopies" respectively shall be substituted;

(h)   in section 54, for the words "copied, or filed a memorandum of", the words "filed a photocopy or a memorandum of" shall be substituted;

(i)     in section 55,-

(i)???? in sub-section (2), for the words "document entered or memorandum filed", the words "document of which a photocopy or memorandum is filed" shall be substituted;

(ii)??? in sub-section (4), the words "authority entered", the words "authority of which a photocopy is filed" shall be substituted;

(iii)??? in sub-section (5), for the words "document entered", the words "documents of which a photocopy is filed" shall be substituted;

(j)     in section 60, in sub-section (1), for the words "document has been copied", the words "photocopy of the document has been filed" shall be substituted;

(k)    in section 61, sub-section (1) shall be omitted;

(l)     in section 62, for sub-section (1), the following shall be substituted, namely:-

"(1) when a document is presented for registration under section 19, the translation together with the photocopy of the document shall be filed in the appropriate book",

(m)    in section 81,-

(i)???? in the marginal heading, for the words "copying, translating, or registering documents", the words "copying, photocopying, translating, registering or filing photocopies of documents " shall be substituted;

(ii)??? for the words "copying, translating, or registering of any document", the words "copying, photocopying, translating, registers or files a copy of such documents " shall be substituted;

(iii)?? for the words "copies, translates, or registers such documents", the words "copies, photocopies, translates, registers or files a copy of such document" shall be substituted;

(n)   after section 89, following section shall be inserted, namely:-

"89A. Power to make rules for filing of photocopies of document.-

(1)     The State Government may make rules for all purposes connected with the preparation or filing of photocopies of documents, in the appropriate books under this Act.

(2)    In particular and without prejudice to the generality of the foregoing power, such rules may provide for,-

(a)    the manner in which photo copies of documents shall be prepared; and

(b)    the manner of filing of such copies.

(3)    All rules made under this section shall be published in the official Gazette, and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

 

(4)    Every rule made under this section shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or session immediately following both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule".

(5)    Nothing in this part shall apply to any document which is prepared on a printed or lithographed form or which in the opinion of the Registering Officer, is not in a fit condition to be photocopied.

(6)    Notwithstanding anything contained in this part, in the case of document containing a map, plan or trade mark label, if the party presenting the document so desires, the registering officer may accept three copies of such map, plan or trade mark label and where such true copies are accepted, the map, plan or trade mark label shall not be photocopied and such copies thereof shall be filed in the appropriate file book.]

Karnataka:

[53] [After Part XI

The following Part and sections shall be substituted, namely:-

"PART XIA

REGISTRATION OF DOCUMENTS BY MEANS OF ELECTRONIC OR OTHER DEVICES

70A. Application of this part.-

This part shall apply only to the areas in respect of which a notification is issued by the State Government under section 70C.

70B. Definition.-

In this part, "Process of Registration of documents by means of electronic or other devices" shall mean and include scanning and preservation of documents with the help of computers, scanners, compact disks, printers, microfilming and any other device used for the purpose of storage and retrieval when required.

70C. Process of registration of documents by means of electronic or other device in the areas notified by the State Government.-

(1)    The State Government may by notification direct that to any District or Sub-District specified in this behalf process of registration by means of electronic or other device shall be applicable and the documents admitted for Registration under this Act may be scanned or Micro-filmed and their images stored and preserved with the help of electronic or any other device.

(2)    On the issue of such notification, it shall be pasted in a conspicuous place at each registration offices affected by the notification.

70D. Application of Act to areas notified under section 70C .-

In any District or Sub-Districts in respect of which notification has been issued under section 70C, the following provisions of the principal Act shall, for the purpose of this part be subject to the following modifications, namely:-

(a)   in clause (2) of section 2, the words "and the information, storage devices like floppy disk, hard disk or compact disk etc., Micro-film or any other media-shall be inserted at the end;

(b)    in section 16, for sub-section (1), the following shall be substituted, namely:-

" (1) The State Government shall provide for the office of Registering Officer the books and the information, or image processing and storage devices like Micro-filming unit or Computer and scanners along with the software prescribed by the Inspector General from time to time necessary for the purpose of this Act.".

(c)    in section 51, in sub-section (1), for the words " The following books" the words, figures and brackets The following books and the information or storage devices as specified in sub-section (1) of section 16" shall be substituted.

(d)    in clause (c) of sub-section (1) of section 52 after the words "book appropriate there for" the word "or stored in the electronic or other storage device" shall be inserted.

(e)    in section 54, after the word "copied" the words "or stored in the electronic or other storage device" shall be inserted.

(f)    in sub-section (1) of section 60, after the word "copied" the words " or where the document is stored in an electronic or other device the certificate shall contain the word" Registered" with Document No, Year, Book No and Date" shall be inserted.

(g)    in section 61,-

(i)???? in the heading after the word "copied" the word "or stored in the electronic or other storage device" shall be inserted.

(ii)??? after sub-section (1), the following shall be inserted, namely:-

"Provided that, where the process of registration is done by using electronic or other devices, such endorsements and certificate shall also be stored with it along with the copy of the map or plan.

Provided further that, the Registering Officer shall after the storage for preservation of the document shall also endorse thereon on the original, the reference to the serial No. of the file, pages and compact disk or any other storage device, as the case may be, where such document is preserved.".

(h)    after clause (k) of sub-section (1) of section 69, the following shall be inserted, namely:-

"(I) regulating the process of registration referred to in sub-section (1) of section 70C by using electronic or other devices like Micro-filming unit, computers, scanners, floppies, hard disks, compact disks and printers including storage, retrieval and preservation and also the manner in which documents are indexed and certified copies, encumbrance certificates issued.".

(i)     in section 89, in sub-sections (1), (2), (3) and (4) the following shall be inserted at the end, namely:-

" or shall get the same scanned, stored and preserved on the electronic or other device, as the case may be.".

70E. Evidentiary value of copy of certain documents registered through the process of registration by means of electronic or other devices or by other methods.-

Notwithstanding anything contained in this Act or any other law for the time being in force, a copy of any document registered through the process of registration by means of electronic or other devices or by any other method and certified or attested by the Registering Officer in charge of the office shall also be received in evidence of any transaction as is described in the said document.

70F. Saving.-

Nothing in this part shall apply,-

(1)     to any document which in the opinion of the Registering Officer is not in a condition fit to be processed by means of electronic or other devices;

(2)    in the case of unforeseen eventuality like break-down of the electronic or other devices of registration:

Provided that the Registering Officer shall record in writing the reasons therefor.

Provided further that the Registering Officer shall ensure that the data and images of the documents registered during the period of non-application of this part due to a break-down of electronic or other device are duly incorporated into the system, after the same is re-stored in the manner specified in the rules by the Inspector General of Registration.

70G. Powers of the State Government under this Chapter.-

Where for any reason, the State Government is satisfied that, the process of Registration by means of electronic or other device is not possible in respect of all documents in any office to which this chapter applies, may direct by notification published in the official Gazette to copy such documents in the books kept in the office and in accordance with the rules made for this purpose."]

Karnataka:

[54] [After Part XI

The following Part and sections shall be substituted, namely:-

?PART XIA

REGISTRATION OF DOCUMENTS BY MEANS OF ELECTRONIC OR  OTHER DEVICES

70A. Application of this part.-  

This part shall apply only to the areas in respect of which a notification is issued by the State Government under section 70C.

70B. Definition.- 

In this part, ?Process of Registration of documents by means of electronic or other devices? shall mean and include scanning and preservation of documents with the help of computers, scanners, compact disks, printers, micro-filming and any other device used for the purpose of storage and retrieval when required.

70C. Process of registration of documents by means of electronic or other device in the areas notified by the State Government.-

(1)    The State Government may by notification direct that to any District or Sub-District specified in this behalf process of registration by means of electronic or other device shall be applicable and the documents admitted for Registration under this Act may be scanned or Micro-filmed and their images stored and preserved with the help of electronic or any other device.

(2)    On the issue of such notification, it shall be pasted in a conspicuous place at each registration offices affected by the notification.

70D. Application of Act to areas notified under section 70C .-

In any District or Sub-Districts in respect of which notification has been issued under section 70C, the following provisions of the principal Act shall, for the purpose of this part be subject to the following modifications, namely:-

(a)   in clause (2) of section 2, the words ?and the information, storage devices like floppy disk, hard disk or compact disk etc., Micro-film or any other media? shall be inserted at the end;

(b)    in section 16, for sub-section (1), the following shall be substituted, namely:-

? (1) The State Government shall provide for the office of Registering Officer the books and the information, or image processing and storage devices like Micro-filming unit or Computer and scanners along with the software prescribed by the Inspector General from time to time necessary for the purpose of this Act.?.

(c)    in section 51, in sub-section (1), for the words ? The following books? the words, figures and brackets ?The following books and the information or storage devices as specified in sub-section (1) of section 16? shall be substituted.

(d)    in clause (c) of sub-section (1) of section 52 after the words ?book appropriate therefor? the word ?or stored in the electronic or other storage device? shall be inserted.

(e)    in section 54, after the word ?copied? the words ?or stored in the electronic or other storage device? shall be inserted. 

(f)     in sub-section (1) of section 60, after the word ?copied? the words "or where the document is stored in an electronic or other device the certificate shall contain the word ? Registered? with Document No, Year, Book No. and Date? shall be inserted.

(g)    in section 61,-

(i)???? in the heading after the word ?copied? the word ?or stored in the electronic or other storage device? shall be inserted.

(ii)??? after sub-section (1) , the following shall be inserted, namely:-

?Provided that, where the process of registration is done by using electronic or other devices, such endorsements and certificate shall also be stored with it along with the copy of the map or plan:

Provided further that, the Registering Officer shall after the storage for preservation of the document shall also endorse thereon on the original, the reference to the serial No. of the file, pages and compact disk or any other storage device, as the case may be, where such document is preserved.?.

(h)   after clause (k) of sub-section (1) of section 69, the following shall be inserted, namely:-

?(l) regulating the process of registration referred to in sub-section (1) of section 70C by using electronic or other devices like Micro-filming unit, computers, scanners, floppies, hard disks, compact disks and printers including storage, retrieval and preservation and also the manner in which documents are indexed and certified copies, encumbrance certificates issued.?.

(i)     in section 89, in sub-sections (1), (2), (3) and (4) the following shall be inserted at the end, namely:-

? or shall get the same scanned, stored and preserved on the electronic or other device, as the case may be.?.

70E. Evidentiary value of copy of certain documents registered through the process of registration by means of electronic or other devices or by other methods.- 

Notwithstanding anything contained in this Act or any other law for the time being in force, a copy of any document registered through the process of registration by means of electronic or other devices or by any other method and certified or attested by the Registering Officer in charge of the office shall also be received in evidence of any transaction as is described in the said document.

70F. Saving.-  

Nothing in this part shall apply,-

(1)     to any document which in the opinion of the Registering Officer is not in a condition fit to be processed by means of electronic or other devices;

(2)    in the case of unforeseen eventuality like break-down of the electronic or other devices of registration:

Provided that the Registering Officer shall record in writing the reasons therefor:

Provided further that the Registering Officer shall ensure that the data and images of the documents registered during the period of non-application of this part due to a break-down of electronic or other device are duly incorporated into the system, after the same is re-stored in the manner specified in the rules by the Inspector General of Registration.

70G. Powers of the State Government under this Chapter.-  

Where for any reason, the State Government is satisfied that, the process of Registration by means of electronic or other device is not possible in respect of all documents in any office to which this chapter applies, may direct by notification published in the official Gazette to copy such documents in the books kept in the office and in accordance with the rules made for this purpose.?.]]]

Section 80 - Fees payable on presentation

All fees for the registration of documents under this Act shall be payable on the presentation of such documents.

[STATE AMENDMENTS

KARNATAKA:

[55] [After section 80, insert as under:

"80A. Recovery of registration fee not levied or short levied, etc.--

(1)   If on inspection or otherwise, it is found that the fee payable under this Act in relation to any document which is registered has not been paid or has been insufficiently paid, such fee may, on a certificate of the Inspector-General of Registration, be recovered from the person who presented such document for registration, as an arrear of land revenue. The certificate of the Inspector-General shall be final and shall not be called in question in any court or before any authority:

Provided that no such certificate shall be granted without giving such person,--

(i)??? an opportunity of being heard; and

(ii)??? an opportunity to pay the amount of fee found due from him.

(2)    If on inspection or otherwise the Inspector-General of Registration finds that the amount of fees charged and paid under the provisions of this Act is in excess of that which is legally chargeable, he may, upon an application in writing or otherwise, refund the excess fee so charged and paid.

(3)    Nothing in sub-sections (1) and (2) shall apply to instruments executed prior to first day of April, 1972."

[56] [After Section 80A

The following section shall be inserted, namely:-

"80A. Deficient amount of fees payable and their recovery.-  

(1)   If the value of the property has been increased under section 45A of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957), consequential increase in the fee for the registration of documents under this Act shall be paid by the person liable to pay the same within a period of thirty days from the date, the order determining the market value of the property is communicated to him.

(2)    The fee payable under sub-section (1) may be recovered as an arrear of land revenue".]

[57] [After Part XIII

The following Part shall be inserted, namely:-

"PART XIII-A

OF DEED WRITERS

80B. Deed Writers to hold licences.-

No person other than an advocate or other legal practitioner, shall for payment, write deeds unless he holds a licence granted in accordance with rules made under section 69".]

[58] [After Section 80

The following section shall be and shall be deemed to have been inserted with effect from the first day of April, 1972, namely:-

"80A.- Recovery of registration fee not levied or short levied etc.-

(1)   If on inspection or otherwise, it is found that the fee payable under this Act in relation to any document which is registered has not been paid or has been insufficiently paid, such fee may, on a certificate of the Inspector-General of Registration, be recovered from the person who presented such document for registration, as an arrear of land revenue. The certificate of the Inspector-General shall be final and shall not be called in question in any court or before any authority:

Provided that no such certificate shall be granted without giving such person,-

(i)??? an opportunity of being heard; and

(ii)??? an opportunity to pay the amount of fee found due from him.

(2)   If on inspection or otherwise the Inspector-General of Registration finds that the amount of fees charged and paid under the provisions of this Act is in excess of that which is legally chargeable, he may, upon an application in writing or otherwise, refund the excess fee so charged and paid.

 

(3)    Nothing in sub-sections (1) and (2) shall apply to instruments executed prior to first day of April 1972".]

KARNATAKA:

[59] [After Part XIII, insert as under:

"PART XIIIA

OF DEED WRITERS

"80B. Deed writers to hold licences.--No person other than an advocate or other legal practitioner, shall for payment, write deeds unless he holds a licence granted in accordance with rules made under section 69."

Section 81 - Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure

Every registering officer appointed under this Act and every person employed in his office for the purposes of this Act, who, being charged with the endorsing, copying, translating or registering of any document presented or deposited under its provisions, endorses, copies, translates or registers such document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause, injury, as defined in the Indian Penal Code (45 of 1860), to any person, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.

STATE AMENDMENTS

KARNATAKA:

[60] [In section 81,--

(i)???? in the marginal heading for the words "or registering", substitute the words "registering or filing",

(ii)??? for the words "or registering of any document", substitute the words "registering or filing a true copy of any document".

(iii)??? for the words "or registers such document", substitute the words "registers or files a copy of such document."

[61] [In Section 81

(i)???? in the marginal heading, for the words " the registering", the words "registering or filing" shall be substituted;

(ii)??? for the words "or registering of any document" the words "registering or filing a true copy of any document" shall be substituted;

(iii)??? for the words "or registers such document", the words "registers or files a copy of such document" shall be substituted.]

Section 82 - Penalty for making false statements, delivering false copies or translations, false personation, and abetment

Whoever--

(a)    intentionally makes any false statement, whether on oath or not, and whether it has been recorded or not, before any officer acting in execution of this Act, in any proceeding or enquiry under this Act; or

(b)    intentionally delivers to a registering officer, in any proceeding under section 19 or section 21, a false copy or translation of a document, or a false copy of a map or plan; or

(c)    falsely personates another, and in such assumed character presents any document, or makes any admission or statement, or causes any summons or commission to be issued, or does any other act in any proceeding or enquiry under this Act; or

(d)    abets anything made punishable by this Act, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.

[STATE AMENDMENTS

KARNATAKA:

[62] [Amendment to section 82(b) is the same as in Kerala.

[63] [In Section 82

The words and figures "under section 19 or section 21", the words "under this Act or the rules made thereunder" shall be substituted.]

[64] [After Section 82

The following section shall be inserted namely:-

"82A. Penalty in respect of deed writers.-

Whoever contravenes the provisions of section 80B or any term or condition of a licence granted under rules made under section 69, shall be punishable with imprisonment which may extend to one month or with fine which may extend to two hundred rupees or with both"]

KARNATAKA:

[65] [After section 82, insert as under:

"82A. Penalty in respect of deed-writers.--

Whoever contravenes the provisions of section 80B or any term or condition of a licence granted under rules made under section 69, shall be punishable with imprisonment which may extend to one month or with fine which may extend to two hundred rupees or with both."

Section 89 - Copies of certain orders, certificates and instruments to be sent to registering officers and filed

(1)     Every officer granting a loan under the Land Improvement Loans Act, 1883 (19 of 1883), shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole or any part of the land to be improved or of the land to be granted as collateral security, is situate, and such registering officer shall file the copy in his Book No. 1.

 

(2)     Every Court granting a certificate of sale of immovable property under the Code of Civil Procedure, 1908 (5 of 1908), shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate, and such officer shall file the copy in his Book No. 1.

(3)     Every officer granting a loan under the Agriculturists' Loans Act, 1884 (12 of 1884), shall send a copy of any instrument whereby immovable property is mortgaged for the purpose of securing the repayment of the loan, and, if any such property is mortgaged for the same purpose in the order granting the loan, a copy also or that order, to the registering officer within the local limits of whose jurisdiction the whole or any part of the property so mortgaged is situate, and such registering officer shall file the copy or copies as the case may be, in his Book No. 1.

(4)    Every Revenue Officer granting a certificate of sale to the purchaser of immovable property sold by public auction shall send a copy of the certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in the certificate is situate, and such officer shall file the copy in his Book No. 1.

[STATE AMENDMENTS

KARNATAKA:

[66] [After section 89, insert as under:

"89A. Power to make rules for filing of copies of documents.--

(1)    The State Government may make rules for all purposes connected with the preparation or filing of true copies of documents in the appropriate books under this Act.

(2)    In particular and without prejudice to the generality of the foregoing powers, such rules may provide for?

 

(a)    the manner in which true copies of documents shall be prepared; and

(b)    the manner of filing of such copies.

(3)    All rules made under this section shall be published in the Official Gazette, and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

(4)    Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(5)    Nothing in this Part shall apply to any document which is prepared on a printed or lithographed form or which in the opinion of the registering officer, is not in a fit condition to be photocopied.

(6)    Notwithstanding anything contained in this Part in the case of document containing a map, plan or trade mark label, if the party presenting the document so desires, the registering officer may accept three copies of such map, plan or trade mark lable and where such true copies are accepted the map plan or trade mark lable shall not be photocopied and such copies thereof shall be filed in the appropriate file book.]

[67] [After Section 89

The following section shall be inserted namely:-

"89A. Power to make rules for filing of copies of documents.-  

(1)   The State Government may make rules for all purposes connected with filing of true copies of documents in the appropriate books under this Act.

(2)   In particular and without prejudice to the generality of the foregoing powers, such rules may provide for,-

(a)    the furnishing of true copies of documents by the person presenting the documents for registration;

(b)    the manner in which true copies of documents shall be prepared; and

(c)    the manner of filing of such copies.

(3)   All rules made under this section shall be published in the official Gazette, and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

(4)    Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule."]