THE BIHAR DEED WRITERS LICENSING RULES, 1996

Rule - 1. Short title, extent and commencement.--

(1)     These Rules may be called the Bihar Deed Writers Licensing Rules, 1996.

(2)     It shall extend to the whole of the State of +Bihar.

(3)     It shall come into force at once.

Rule - 2. Definitions.--

In these Rules, unless there is anything repugnant to the subject or context-

(a)      "Act" means the Registration Act, 1908 (XVI of 1908);

(b)      "District Registrar" means the Registrar of a Registration district appointed under the Act;

(c)      "District Sub-Registrar" means a Sub-Registrar at the district headquarter whose office is amalgamated with the office of the District Registrar;

(d)      "Sub-Registrar" means a Sub-Registrar appointed under the Act and includes a Joint Registrar;

(e)      "Registration" means Registration of document under the Act;

(f)       "Registering Officer" means the District Registrar or the Sub-Registrar appointed under the Act;

(g)      "Licensing Authority" means the Registrar of a district and includes any other officer authorized in this behalf;

(h)     "Form" means a form appended to these rules.

Rule -? 3.(a) Qualifications.-

The following shall be qualifications for a deed writer:-

(a)      he is a citizen of India and has attained at least the age of 18 years;

(b)      he has passed the matriculation examination or any other equivalent recognized examination;

(c)      he has passed Deed writers licensing examination conducted under Rule:

Provided that a license may be granted to any person who has been in the profession of the documents writer for at least ten years prior to the date of the Registration (Bihar Amendment) Act, 1991 came into force, without requiring him to appear in the written test referred to in sub-section (1) if the Registrar of a District or any other officer authorized by him in this behalf is satisfied that he is otherwise fit to take the profession of a document writer;

(d)      he should be of good moral character;

(e)      he has the knowledge of regional language of the locality in addition to the knowledge of Hindi or English.

(b) Disqualification.--

No license shall be granted to a person if-

(a)      he is minor below the age of 18 years; or

(b)      he has been declared to be of unsound mind by a competent Court; or

(c)      he has been convicted by a criminal court for an offence involving moral turpitude; or

(d)      he has been adjudged an insolvent by any Court of competent jurisdiction; or

(e)      his license has at any time been cancelled under the orders of the District Registrar for misconduct.

Rule - 4. Mode of application.--

An application for deed writers license shall be in Form A, that for an apprentice license, in Form B and that for a renewal of license in Form C shall be presented. The application shall be presented in person or by agent or shall be sent by registered post to the Sub-Registrar under whose jurisdiction the applicant desires to practice as a deed writer.

The Sub-Registrar shall forward such applications to the District Registrar with his recommendations.

Rule - 5. Examination.--

(1)     The examination for "the Deed Writers License" shall be conducted by the licensing authority. The time and place of the examination and other details shall be notified by the licensing authority. The setting of question papers and its printing shall be done by the District Registrar.

(2)     The examination subject shall be with respect to sufficiency of stamp and Registration fee and law, relating convincing and drafting of documents in Hindi/ English or recognized regional language.

(3)     The licensing authority shall conduct an apprentice licensing test, at such time and in such manner, as he may determine from time to time, which shall be duly notified and the test shall relate to the transcription of documents.

(4)     An examination fee of Rs. 50.00 shall be paid before applicant for appearing at the documents writer license written examination and Rs. 20.00 for appearing at apprenticeship license examination.

Rule - 6. Number of document writers.--

The licensing authority shall fix the number of licensed document writers for each subordinate registration office, keeping in view the requirements of the general public.

Rule - 7. Issue of license.--

(1)     The licensing authority, on being satisfied that the applicant:-

(a)      has passed the prescribed examination;

(b)      is not disqualified under rule for the grant of a license;

(c)      is of good moral character, or

(d)      is otherwise fit to be given a license may grant a document writers license in Form 'C' or apprentice license in Form 'D' as the case may be.

(2)     The licensing authority may grant a license to any person who is in the profession for the last 10 years on the date of coming into force of these rules without requiring him to appear in the text examination.

(3)     If the license issuing authority has reason to believe that license cannot be issued to the applicant under any sub-rule of Rule 7 the authority shall after recording reasons inform the refusal of application.

Applicant shall have right to appeal against the order of license issuing authority before Inspector-General of Registration within 30 days of the order of refusal of application.

Rule - 8. Renewal.--

(1)     A license granted under these rules shall remain in force upto 31st day of December of the year of issue, subject to a renewal on or before the date of expiry.

(2)     Non-observance of any of the conditions of the license or any misconduct on the part of the licensee during the continuance of the license shall be deemed to be a disqualification to obtain a renewal of the license.

(3)     In case of non-renewal within stipulated period under Rule 8(1) renewal can be done upto 31st March with late fee of Rs. 10.

Rule - 9. Conditions of license.--

(1)     The following shall be the conditions of the document writers license:-

(a)      that the license shall abide by the rules relating to the licensing of document writers;

(b)      that he shall maintain the registers, receipt books and other records prescribed by these rules to be maintained or required to be maintained by the licensing authority from time to time or by the Inspector-General of Registration;

(c)      that he shall not demand or receive any sum from parties in the name of any person connected with the registration office;

(d)      that he shall render true and correct account of the money that he receives from his employer;

(e)      that he shall write or cause to be written documents legibly and in accordance with the instructions that may be issued from time to time by the licensing authority or the Inspector-General of Registration:

(f)       that he shall instruct the parties or the duly authorized agents or persons having powers of attorney to pay the fees in person direct to the Registering Officers and not through any other agency;

(g)      that he shall write or cause to be written document carefully, properly and in clean and unambiguous terms;

(h)     that he shall obey any direction that may from time to time be issued by the licensing authority or the Inspector-General of Registration regarding the preparation and the transcription of documents or copies for Registration;

(i)       that he shall sign his name on every document written by him or caused to be written by the apprentice attached to him and shall enter there in his name, license number and serial number of document given in the register to be maintained by him under these rules and the fees charged by him.

(2)     The following shall be the conditions of an apprentice license : -

(a)      An apprentice shall write documents legibly, correctly and neatly;

(b)      he shall not act as tout;

(c)      he shall not receive any money or fees direct from the parties;

(d)      he shall be attached to only one of the licensed document writers;

(e)      he shall attend the office of the document writer to which he is attached and shall carry out such duties in respect of transcribing deed as may be given to him;

(f)       he shall be remunerated by the document writer in respect of the documents which he transcribes at the direction or directions of the licensed documents writer;

(g)      he shall attest the document in the following manner after the attestation of the document by the document writer to whom he is attached:-

"Signed by... ... ... (full name and signature), apprentice license No. ... ... ... of the district of... ... ... sub-registration office.

Note:- In case the deed transcribed by the document writer himself, no attestation by the apprentice shall be necessary.

Rule - 10. Remuneration of apprentice.--

An apprentice shall be remunerated for transcribing the deed to the extent of 1/4th of the fees charged by the licensed document writer for drawing up the deed and doing miscellaneous works in connection thereto by him. This fee shall be in addition to the fee charged by deed writers.

Rule - 11.Transfer of license.--

(1)     During the continuance of his license a document writer wished to practice as a document writer in a registration office other than that entered in his license the licensing authority may, at his discretion allow the change and enter the fact in his license.

(2)     If a license is lost or destroyed, a duplicate may on adequate proof of such loss or destruction, be issued to the license on payment of a fee of Rs. 10.00.

Rule - 12. Surrender of License.--

Every document writer or apprentice who resigns or whose license is cancelled under these rules forthwith surrender his license to the registering office of the concerned sub-district.

Rule - 13. Cancellation and suspension of license.--

(1)     The licensing authority may at any time suspend or cancel the license of a document writer or apprentice on any of the following grounds:-

(a)      Violation of any of the rules or the conditions of the licenses;

(b)      Failure to attend the registration office for a period exceeding six months without a reasonable cause or without the leave or permission of the licensing authority or registering officer within whose jurisdiction he has been practicing.

(2)     No order under sub-rule (i) shall be passed, unless the document writer or the apprentice, as the case may be, has been asked to show cause against the proposed suspension or cancellation of the license and the cause shown by him has been duly considered by the licensing authority.

Rule - 14. Appeal.--

An appeal shall lie to the Inspector-General of Registration against any order of suspension or cancellation of license passed under these rules.

Rule - 15. Power of Inspector General of Registration.--

Inspector- General of Registration shall have all the powers of a licensing authority given under these rules.

Rule - 16. Inspection of Records.--

The registers and receipt books to be maintained by the document writers under these rules shall at all-time be open to inspection by the officers of the department who shall initial them after inspection. The license shall also be produced for inspection on demand by the officer of the Registration Department.

Rule - 17. Fees.--

Fees on the following rates shall be levied for the grant of document writers license and apprentices license and for their annual renewal:-

Rule - 18. Credit of Fees.--

All fees payable under the rules shall be credited to the Treasury by challan and one copy thereof shall be filed in the office of the licensing authority before license is granted. The budget head to which the fees is to be credited shall be - "Registration-Miscellaneous fees" under the appropriate major and minor heads.

Rule - 19. Register.--

Every document writer shall maintain a register in form 'B' and grant receipt to one party in Form 'F'. The licensing authority shall maintain a register in Form 'G' for licensed document writers and Form 'H' for licensed apprentices. Similar registers shall also be maintained in the office of the Sub-Registrar for licensed document writers and licensed apprentices attached to his office.

Rule - 20. Writing Charges.--

(1)     The Inspector-General of Registration shall fix the rate of charges as scribing documents for every Registration office within the State and the rate of charge shall be renewed at the interval of every three years. The Schedule I of the rate of charges appended to the rule shall be effective immediately.

If the rate of charges cannot be revised after 3 years for any reason, the rate of charges fixed earlier shall continue to be effective till the rate of charges are not revised.

(2)     A table of the prescribed rates of charges shall be exhibited in Hindi, English and other languages as commonly spoken in the district in conspicuous place outside the registration office.

(3)     Similar table shall also be exhibited by the licensed document writer in conspicuous place of his office. Every document writer shall also exhibit his license in his office or the place where he engages himself in the writing of documents.

Rule - 21. Supervision and control.--

It will be the duty of the Sub- Registrar to see that the document writers attached to his office maintain the prescribed registers and receipt books in the proper manner and that no malpractices are adopted by any licensed document writer and licensed apprentices in any way so as to harass the public. If he finds any such case of malpractices he will immediately report the matter to his District Registrar for necessary action.

Rule - 22. Savings.--

These Rules shall not apply to documents written before the commencement of these Rules, but such documents must be presented for registration within one month from the date of commencement of these Rules.

SCHEDULE 1

(See Rule 20)

Note.--Scribing charges shall be calculated on the basis of stamp duty paid or payable on the instrument.

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