REGISTRATION ACT, 1908 (ORISSA AMENDMENT)

Section 8 - Inspectors ofRegistrationoffices

(1)    The [1] [State Government] may also appoint officers to be called Inspector of Registration offices, and may prescribe the duties of such officers.

(2)    Every such Inspector shall be subordinate to the Inspector-General.

STATE AMENDMENTS

ORISSA

[2] [In Section 8 of the Registration Act, 1908 (hereinafter referred to as the principal Act), -

(a)   in Sub-section (1), for the words, "Inspector of Registration Officer", the words "Additional Inspector-General of Registration, Joint Inspector-General of Registration and Deputy Inspector-General of Registration" shall be substituted; and

(b)    in Sub-section (2), for the words "Inspector", the words "Additional Inspector-General, Joint Inspector-General and Deputy Inspector-General" shall be substituted.]

Section 17 - Documents of whichregistrationis compulsory

(1)   The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force, namely:--

(a)    instruments of gift of immovable property;

(b)   other non-testamentary instruments 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 the value of one hundred rupees and upwards, to or in immovable property;

(c)    non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and

(d)    leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;

[3] [(e) non-testamentary 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 the value of one hundred rupees and upwards, to or in immovable property:]

Provided that the [4] [State Government] may, by order published in the [5] [Official Gazette], exempt from the operation of this sub-section any lease executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty rupees.

[6] [(1A) The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the Registration and Other Related laws (Amendment) Act, 2001 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A.]

(2)    Nothing in clauses (b) and (c) of sub-section (1) applies to?

(i)     any composition deed; or

(ii)    any instrument relating to shares in a joint stock Company, notwithstanding that the assets of such Company consist in whole or in part of immovable property; or

(iii)   any debenture issued by any such Company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except in so far as it entitles the holder to the security afforded by a registered instrument whereby the Company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or

(iv)   any endorsement upon or transfer of any debenture issued by any such Company; or

(v)    [7] [any document other than the documents specified in sub-section (1A)] not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; or

 

(vi)   any decree or order of a Court [8] [except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or proceeding]; or

(vii)   any grant of immovable property by [9] [Government]; or

(viii)  any instrument of partition made by a Revenue-Officer; or

(ix)   any order granting a loan or instrument of collateral security granted under the Land Improvement Act, 1871, or the Land Improvement Loans Act, 1883; or

(x)    any order granting a loan under the Agriculturists, Loans Act, 1884, or instrument for securing the repayment of a loan made under that Act; or

[10] [(xa) any order made under the Charitable Endowments Act, 1890, (6 of 1890) vesting any property in a Treasurer of Charitable Endowments or divesting any such Treasurer of any property; or]

(xi)   any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage; or

(xii)   any certificate of sale granted to the purchaser of any property sold by public auction by a Civil or Revenue-Officer.

[11] [Explanation.--A document purporting or operating to effect a contract for the sale of immovable property shall not be deemed to require or ever to have required registration by reason only of the fact that such document contains a recital of the payment of any earnest money or of the whole or any part of the purchase money.]

(3)    Authorities to adopt a son, executed after the 1st day of January, 1872, and not conferred by a will, shall also be registered.

[STATE AMENDMENTS

ORISSA

[12] [In Section 17 of the principal Act, in Sub-section (1), after Clause (e), the following clauses shall be inserted before the proviso, namely :

"(f) agreement to sell immovable property possession whereof has been or is handed over to the purported purchaser;

(g) power-of-attorney relating to transfer of immovable property possession whereof has been or is handed over to the purported attorney holder".]

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

ORISSA:

[13] [The words "and also by a true copy" shall be omitted.]

[14] [After section 19, insert--

"19A. Documents presented for registration to accompany 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 legibly handwritten, printed, type-written, lithographed, cyclostyled or [15] [otherwise legibly prepared] only on one side of the paper and in accordance with such rules as may be made in this behalf by the State Government, and shall contain a declaration in the prescribed manner that the same is a true copy of the document and its translation, if any."

[16] [In Section 19-A

In Sub-section (2), for the words "otherwise prepared", the words "otherwise legibly prepared" 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 [17] [State Government], practicable to describe houses, not being houses in towns, and lands by reference to a Government map or survey, the [18] [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

[19] [Same as that of Orissa.

[20] [Same as that of Orissa.

ORISSA:-

[21] [After Section 22 of the principal Act, the following section shall be inserted, namely :

"22-A. Document Registration of which Is opposed to public policy.-- 

(1)   The State Government may, by notification, 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 a document to which a notification issued under Sub-section (1) is applicable.]

Section 28 - Place for registering documents relating to land

Save as in this Part otherwise provided, every document mentioned in section 17, sub-section (1), clauses (a), (b), (c) [22] [,(d) and (e), section 17, sub-section (2), insofar as such document affects immovable property,] and section 18, clauses (a), (b) [23] [(c) and (cc),] shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the property to which such document relates is situate.

[STATE AMENDMENTS

ORISSA :

[24] [In Section 28 of the principal Act,-

(i)    for the word, brackets and letter "and (e)" the commas, brackets, letters and word "(e) (f) and (g)" shall be substituted; and

(ii)    the words "or some portion" shall be omitted.]

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.

[25] [***]

[STATE AMENDMENTS

ORISSA:

[26] [In section 30, omitted sub-section (2).

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

ORISSA:

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

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

ORISSA:

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

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

ORISSA:

[29] [In its application to the State of Orissa, in section 51,--

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

"(2) In Book 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", substitute "filed true copies of all documents";

(c)    after sub-section (4), insert the following new sub-sections, namely,--

"(5) If, in the opinion of the Registrar, any of the books mentioned in subsection (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 so prepared and authenticated under such direction shall, for the purpose of this Act, and of the Evidence Act, 1872, be deemed to have taken the place of, and to be, the original book or portion, as the case may be, 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.

(6) Notwithstanding anything contained in this Act, copies of any of the books mentioned in sub-section (1) or any portion of such books prepared and authenticated before the commencement of the Registration (Orissa Amendment) Act, 1989, in pursuance of an order of the Registrar or the Inspector-General of Registration, shall, for the purposes of this Act, and of the Evidence Act, 1872, be deemed to have taken the place of, and to be, the original book or portion, as the case may be, 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, [30] [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

ORISSA:

[31] [Amendments are same as in Kerala.

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

ORISSA:

[32] [Amendments are same as in West Bengal.

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

ORISSA:

[33] [In its application to the State of Orissa, in section 55,--

(i)??? sub-section (2), for the words "document entered or memorandum filed", substitute "document of which a true copy or a memorandum is filed";

(ii)??? in sub-section (4), or the words "authority entered", substitute "authority of which a true copy is filed"; and

(iii)??? in sub-section (5), for the words "document entered", substitute "document of which a true copy is filed".

 

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

ORISSA:

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

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

ORISSA:

[35] [Same as in Kerala.

 

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

ORISSA:

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

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

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 [37] [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; [38] [***]

[39] [(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;

[40] [(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 [41] [State Government] for approval, and, after they have been approved, they shall be published in the [42] [Official Gazette], and on publication shall have effect as if enacted in this Act.

[STATE AMENDMENTS

ORISSA:

[43] [In section 69(1), after clause (b), insert as under:

"(bb) providing for the grant of licences to document writers, the revocation of such licences, the terms and conditions subject to which and the authority by whom such licences shall be granted, the exemption of any class of document writers from the licensing provisions and the conditions subject to which such exemption shall be granted and generally for all purposes connected with the writing of documents to be presented for registration."

 

Section 78 - Fees to be fixed by State Government

[44] [***] The [45] [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

[46] [Orissa:

After Section 78 of the principal Act, the following section shall be inserted, namely :

"78-A. Power to remit fees.-- 

The State Government, if it is of the opinion that any instrument which involves donation of property for public charitable purpose, or involves exchange of land on the initiative of the State Government in the public interest, may, by order published in the Gazette, remit the fees payable in respect of any such instrument.]

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

ORISSA:

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

"80A. Recovery of deficient registration fees as arrears of land revenue.--If on inspection or otherwise, it is found that the fee payable under this Act in relation to any document which is registered has been insufficiently paid, the deficient fee shall, after failure to pay the same on demand within the prescribed period, be recoverable from the person who presented such document as arrears of land revenue."

[48] [After section 80 of the Registration Act, 1908 (Central Act 16 of 1908), the following section shall be inserted, namely:--

80A. Recovery of registration fees in certain cases.--

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 or that the fee paid has subsequently been found to be insufficient due to the fact that the value of the property or the consideration, as the case may be, has not been truly set forth in the document, such fee or the difference between the fee paid and the fee due, as the case may be, may on a certificate by the Inspector General of Registration or an officer authorised by him in that behalf, be recovered from the person who presented such document for registration under section 32, as an arrear of public revenue due on land under the provisions of the Revenue Recovery Act for the time being in force:

Provided that no such certificate shall be granted unless enquiry in the prescribed manner has been held and such person has been given a reasonable opportunity of being heard:

Provided further that no such certificate shall be granted after the expiry of a period of three years from the date of presentation of the document under section 32.]

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

ORISSA:

[49] [Same as in Kerala.

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

ORISSA:

[50] [Same as in Kerala.

Section 87 - Nothing so done invalidated by defect in appointment or procedure

Nothing done in good faith pursuant to this Act or any Act hereby repealed, by any registering officer, shall be deemed invalid merely by reason of any defect in his appointment or procedure.

[STATE AMENDMENTS

[Orissa

[51] [After Section 87

The following new section shall be inserted, namely :

"87-A. Delegation of powers.--

The State Government may, by order, delegate all or any of the powers conferred on them under this Act to the Inspector-General of Registration, who shall exercise the same subject to such restrictions and conditions as the State Government may impose and they may in like manner withdraw any power so delegated".]

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

ORISSA:

[52] [After sub-section (4) of section 89, insert the following sub-section, namely:--

"(5) A copy of every certificate of sale granted under section 20 of the Orissa Co-operative Land Mortgage Banks Act, 1938, shall be sent 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 registering officer shall file the copy in his Book No. 1."]

[53] [After section 89, insert the following section:--

"89A. Duty of Collector in proceedings under section 47A of the Indian Stamp Act, 1899.--

(1)    It shall be the duty of the Collector, if he is satisfied during the proceedings, if any, under section 47A of the Indian Stamp Act, 1899, that the fees for registration paid under this Act in respect of a document is in deficit to determine in the course of such proceedings the deficient amount of fees to send a copy of the order made in the proceedings to the registering officer for the recovery of the said amount from the person liable to pay the deficient amount of stamp duty under the said section; and all amounts recoverable as aforesaid may be recovered as arrears of land revenue. 

(2)    An order of the Collector under sub-section (1) shall be deemed to be an order made by the Collector under section 47A of the Indian Stamp Act, 1899, and shall be final subject to the decision in appeal, if any, under sub-section (3) of the said section."

[54] [In Section 89-A of the principal Act, in Sub-section (1)

The words "and to send a copy of the order made in the proceedings to the registering officer for the recovery of the said amount", the words "and to recover the said amount of fees along with the deficient amount of stamp duty" shall be substituted.]

Section 89B

[55] [In its application to the State of Orissa, after section 89A, insert the following new section, namely,--

"89B. Power of State government to make Rules.--

(1)   The State Government may, by notification in the Official Gazette, make rules for all purposes connected with the 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 power, 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 such copies."]

[56] [After Section 89

The following new section shall be inserted, namely :

"89'A. Duty of Collector in proceedings under Section 47.--

A of the Indian Stamp Act, 1899-

(1)   It shall be the duty of the Collector, if he is satisfied diring the proceedings, if any, under Section 47-A of the Indian Stamp Act, 1899 that the fees for registration paid under this Act in respect of a document is in deficit to determine in the course of such proceedings the deficient amount of fee and to send a copy of the order made in the proceedings to the Registering Officer for recovery of the said amount from the person liable to pay the deficient amount of stamp duty under the said section; and all amounts recoverable as aforesaid may be recovered as arrears of land revenue.

(2)    An order of the Collector under Sub-section (1) shall be deemed to be an order made by the Collector under Section 47-A of the Indian Stamp Act, 1899 (2 of 1899) and shall be final subject to the decision in appeal, if any, under Sub-section (3) of the said section.]