Updated: Wednesday August 09, 2023/AlArbia'a Muharram 23, 1445/Budhavara Sravana 18, 1945, at 08:14:47 AM
[1]CHAPTER 1
APPOINTMENT, REMUNERATION,
AND
RETIREMENT OF REGISTERING
OFFICER
Appointment
1.
Permanent
Appointments:--- Under section 6 of the
Indian Registration Act, 1908 (hereinafter referred to as the Act) all
permanent appointments to the office of Registrar, Sub-Registrar, or Joint
Sub-Registrar, are made by the Local Government. In some cases the persons appointed are
public officers who perform registration duties by virtue of their office in
addition to their other duties; in other cases persons specially selected are
nominated to the office.
2.
Classes Of Registering Officers:--- The following are the classes of registering officers
employed in the
(a)
registering officers who are required to perform their duties without
remuneration,---
(i)
the ex-officio Registrar of each district, that is, the Deputy
Commissioner in administrative charge of the district for the time being, or
any officer appointed to act temporarily as Registrar in his place under the
provisions of paragraph 11;
(ii)
civil officers of and above the rank of Naib-Tehsildar, holding office
either as Sub-Registrars or Joint Sub-Registrars;
(iii)
treasury or sub-treasury officers discharging the duties of
Sub-Registrars at the headquarters of a district or sub-division.
(b)
registering officers other than public officers appointed
under section 6 and 7 (2) of the Act and entitled to remuneration for their
duties as such, at the rates hereinafter
provided,---
(i)
Departmental Sub-Registrars;
(ii)
Honorary Sub-Registrars;
(iii)
Departmental or Honorary Sub-Registrars whose offices have
been amalgamated with those of Registrars.
3.
Appointments,
Probation and Confirmation of Honorary and Departmental Sub-Registrars:--- All appointments of honorary and departmental sub-registrars
will be made by Government on probation for a year. At the end of this period, the incumbent
will, on receipt of a report from the Inspector-General of Registration as to
his being fully acquainted with the Registration Manual, possessing a working
knowledge of the Stamp Act, and exercising adequate supervision over his
subordinate staff, be confirmed for a period of five years from the date of the
order of confirmation. If however, the work
or conduct of the incumbent during the probationary period has in the opinion
of Government not been satisfactory, Government may dispense with his services
or in the alternative extend his term of probation by any period it may deem
fit; and on the expiry of such extended term of probation may pass such order
as it could have passed on the expiry of the first period of probation.
4.
Departmental
Sub-Registrars Government Servants:--- Departmental
Sub-Registrars are Government servants- within the meaning of the Civil Service
Regulations. The services of those who
were appointed Sub-Registrars before the 13th February, 1930,
qualifies for pension with effect from April 1st, 1906, the date on
which the roles in this behalf come into force.
All appointments made after the 13th February, 1930, however,
have been declared to be non-pensionable.
Departmental and Honorary Sub-Registrars are, however, not whole-time
servants of Government and are therefore not officials for any of the purposes
of the Government of India Act.
5.
Sub-Registrars, at Headquarters, Sub-Districts
and Elsewhere:--- (1)
In a headquarters sub-district the Tehsildar or
Naib-Tehsildar is ordinarily Joint Sub-Registrar, and the Sub-Registrar may be
either a Departmental Sub-Registrar, or the Treasury Officer holding charge ex-officio,
or another officer of Government deputed by the Registrar to act for the time
being.
(2)
In
a sub-district which is not a headquarter sub-district, the Tehsildar is
ordinarily Sub-Registrar until a Departmental Sub-Registrar is appointed at the
headquarters of the tehsil, and, upon such appointment occurring, the Tehsildar
becomes Joint Sub-Registrar.
(3)
When it is proposed to appoint a second Sub-Registrar in one
sub-district, it is desirable that the incumbent, who holds, or is to hold,
office at the headquarters of the sub-district, should be Sub-Registrar and the
other incumbent should be Joint Sub-Registrar, the two incumbents working with
concurrent jurisdiction throughout the sub-district. This is desirable, because experience has
shown that administrative difficulty generally arises from the creation of
separate sub-districts within one tehsil.
6.
Creation of Offices of Departmental
Sub-Registrars:--- (1) The main object of creating posts of
Departmental Sub-Registrars is to relieve public officers of the burden of
registration work and this can best be achieved by creating such offices at the
headquarters of tehsils and of districts.
The multiplication of out-offices (that is to say, offices which are not
situated at the headquarters of tehsils or of districts) is therefore to be
deprecated and Government do not favour the creation of fresh out-offices or
even the continuance of existing out-offices unless it is clear that their
creation of continuance is desirable in the public interest.
(2) The
Policy of Government is that out-offices, should gradually be abolished on the
death or resignation of existing incumbents and registration work should
eventually become concentrated in offices at the headquarters of the district
or of the tehsil. Proposals for the
continuance of or for new appointments to, out offices should therefore not be
made except for very special reasons.
7.
Instructions as to Proposals to the
Appointment of Registering Officers:--- (1)
The greatest possible care should be exercised in making recommendations for
the appointment of Sub-Registrars.
Persons to be recommended should be under sixty years of age and should
ordinarily be resident of the neighbourhood though, if no person so resident is
available, persons from another locality may be recommended, provided that they
undertake to change their residence or that satisfactory arrangements can be
made for their regular attendance at the office during office hours. The Government may, however, waive off the
condition of age to be below 60 years and appoint a Sub-Registrar who may be
more than 60 years of age, but he shall not be retained as Honorary
Sub-Registrar beyond 65 years of age. They should be of good family and
character and in easy circumstances. As a matter of general policy, the appointments
are to be reserved, so far as possible, for members of the hereditary landed
gentry possessing rural influence and particularly for those who did valuable
war work, either as combatants or recruiters, and for retired Indian
Commissioned Officers. Candidates for
the post of Honorary Sub-Registrars should be Matriculates of any recognised
University with a working knowledge of the Regional language. In case of old political sufferers and
ex-service-men, however, a pass in the Middle Standard with a good knowledge of
the Regional language should suffice.
For this purpose, the term “Political Sufferer” would mean a person who
has undergone at least one year’s imprisonment before 1947 in one of the
movements recognised by the Government as a National Movement. In case of persons possessing overwhelming
merits or long experience of public life, the academic qualifications will be
relaxed. A newly appointed Honorary
Sub-Registrar would be required to undergo a training in registration and stamp
laws for a period of two months from an experienced Honorary Sub Registrar
selected by the Inspector-General of Registration and, therefore, he would be
required to pass a test given by the I.G.R.
If he is found to lack proper working for the post, his period of
training be extended further as is deemed necessary by the I.G.R. During the period of training, he will be
given a fixed allowance of Rs. 55 per mensem out of the grant under the head
“15 – Registration – District Charges—Other Allowances and Honoraria”
A candidate for the post of Honorary Sub-Registrar shall
submit his application in Form No. 7 prescribed in Appendix III – Miscellaneous
Forms – to the Punjab Registration Manual, 1929.
(2) Recommendations
should be made by Commissioners direct to Government and should be made in a
demi-official form. They should be accompanied by a tabular statement dealing
with the claims of all the candidates whose names have come before the Deputy
Commissioner with special reference to the qualifications mentioned above.
8.
Departmental and Honorary Sub-Registrars:--- (1) At the headquarters of all districts and of all tehsils, the
Sub-Registrar, where there is one in addition to the Tehsildar or other ex-officio
Sub-Registrar, is usually a Departmental Sub-Registrar, and so also are the
incumbents of the following out-offices:---
Mukerian … Tehsil Dasuya
Alawalpur … Tehsil Jullunder
Bunga … Tehsil Nawanshahr
Keylong … Tehsil Kulu
(2) The
incumbent of the remaining out-offices will be classified as Honorary Sub-Registrar. If any man of good family is unwilling to
accept the post of Departmental Sub-Registrar, but is willing to be an Honorary
Sub-Registrar, a proposal to this effect may be made.
9.
Amalgamation of
Office of Sub-Registrar with that of Registrar:--- Section 7 of
the Act allows the Local Government to amalgamate the office of a Sub-Registrar
with that of a Registrar, and to authorize the Sub-Registrar to exercise and
perform in addition to his own powers and duties, all or any of the powers of
the Registrar. The Sub-Registrars at the
headquarters of certain districts have accordingly been authorized to exercise
and perform such powers and duties, with the exception of those specified in
sections 68 and 72 of the Act. The Local
Government may also declare that a Sub-Registrar shall be deemed to be
Registrar for the purpose of sub-section (3) of section 35 and of part XII of
the Act.
10.
Temporary
Appointments:--- Provision is made in
sections 11 and 12 of the Act for temporary appointments in cases where the registering
officer is absent from his office for a short time only; and here it is
necessary to remind registering officers that the “office” contemplated in
sub-section (1) of section 7 is a fixed
place, and not a movable establishment; that except in the cases otherwise
specially provided for in the Act, all registrations must be made at such
office; and that consequently when a registering officer proceeds into the
interior of his district or sub-district, he cannot take his office with him. In such cases it becomes necessary for the
Registrar to provide a substitute, in doing which he will be guided by the
following general instructions.
11.
When a Registrar
is absent:--- Section 11 of the Act provides that when a Registrar “is absent
from his office on duty in his district he may appoint any Sub-Registrar or
other person in his district to perform, during such absence, all the duties of
a Registrar, except those mentioned in sections 68 and 72.” In such cases, the person so appointed may,
in the discretion of the district officer, be either the Treasury Officer or
any other Civil Officer at the headquarters of the district.
12.
When a Sub-Registrar is absent:--- Section 12
of the Act provides for temporary vacancies in the office of
Sub-Registrar. When a subordinate
registering officer proceeds on leave of absence, or is otherwise temporarily
away from his office, the Registrar will provide for the performance of his
duties during his absence in the following manner:---
(a)
when the absent officer is the district Treasury Officer, the officer who
succeeds him in charge of the Treasury should take over his registration duties
also, except where the Deputy Commissioner himself takes charge of the
Treasury, in which case the registration duties should be made over to the
local Tehsildar or to some civil officer at headquarters. It is incompatible with the provisions of the
Act for a Registrar to perform the duties of a Sub-Registrar, except where the
two offices have been amalgamated under section 7 of the Act; moreover, such an
arrangement might be productive of inconvenience in cases where a party wished
to appeal against an order issued by the Deputy Commissioner in the capacity of
a Sub-Registrar;
(b)
save as provided above, where there are two subordinate registering officers
at the same place, during the temporary absence of one the other should
ordinarily be required to perform the duties of both offices;
(c)
save as provided above, when the absent officer is a Tehsildar, the
Naib-Tehsildar, if available, should be placed in charge of the registration
duties;
(d)
in all other cases, the Registrar should make such arrangements as appear
to him to be most suitable in the circumstances for maintaining the continuity
of the business of the office.
13.
One Sub-Registrar cannot be appointed to two
Sub-Districts at the same time:--- It must be borne in mind that although the Act
permits the appointment of two or more Joint Sub-Registrars in the same
sub-district, it nowhere allows of one Sub-Registrar being in charge of two
separate sub-districts at the same time.
This can only be affected by a gazetted notification under section 5 of
the Act, directing the temporary amalgamation of the two sub-districts
concerned.
14.
Reports of changes of incumbency:--- Section 13 of the Act requires that temporary
appointments of the nature treated of in paragraphs 11 and 12 shall be reported
by the Inspector-General to the Local Government and such report may be either
special or general. Changes of
incumbency in ex officio appointments made in accordance with ordinary rule may
be deemed to have been made under the orders of Government, and no special
report thereof is necessary, but all exceptional arrangements, and all changes
in offices filled by Departmental and Honorary Sub-Registrars or Joint Sub-Registrars,
must be communicated to the Inspector-General’s office, for report to
Government under section 13 of the Act, in quarterly schedules in the form
given in Appendix III, which should be
submitted with the other monthly returns.
At the foot of the return 31st March, and 30th
September will be entered a certificate of the dates on which the iron safe,
for deposit of sealed wills, etc., was opened and its contents examined during
the half quarter, as required, by paragraph 44, if no such examination has been
made, the certificate should set this forth and state the reason.
REMUNERATION
15.
Remuneration of honorary sub-registrar:--- Honorary
Sub-Registrars are entitled to receive by way of remuneration, a proportion of
the fees collected by them according to the following scale:---
|
(a) |
when the fees collected by any
one officer in any one month do not exceed Rs.50 |
33-1/2 percent of the fees so
collected. |
|
(b) |
when such fees exceed Rs.50 |
33-1/2 percent of the first
Rs.50 collected and 16-2/3 percent of the amount in excess |
16.
Remuneration of departmental sub-registrars:--- A departmental Sub-Registrar is entitled to draw
remuneration consisting of a fixed substantive salary of Rs. 25 per mensem (or
of more than Rs. 25 if a higher salary has been sanctioned by Government in
respect of the particular office which he holds) plus 10 per cent of the
fee-income of his office; but if he is a person drawing a pension for service
in any department of Government, instead of drawing any such salary, he shall
draw such percentage of the fee-income as shall be equal in amount to the fixed
salary of the post plus 10 per cent of the fees.
The amount of fees which Sub-Registrars in the Punjab are
entitled to receive as remuneration, shall with effect from the 10th
February, 1932 be subjected to a reduction of 20 per cent and the maximum
amount of fees payable to any Sub-Registrar who is not a Government pensioner
shall be limited to Rs. 5,000 (five thousand) per annum.
In the case of Sub-Registrar,
17.
Remuneration to
departmental or honorary sub-registrars whose offices have been amalgamated
with the registrar:--- Departmental or
Honorary Sub-Registrars whose offices have been amalgamated with those of
Registrars are entitled to a share of the fees prescribed in paragraphs 15 and
16.
18.
Calculation of Fee-Income:--- In
calculating all percentages of fee-income under these rules the following fees
only shall be taken into account:---
(a)
ordinary registration fees (article I of Appendix I)
“In respect of all documents registered under section 25,
a portion of the fine equal to the ordinary registration fee leviable tearson.”;
(b)
fees for searches (article II);
(c)
fees for filing translations (article VI);
(d)
fees for authenticating powers of attorney (article VIII);
(e)
safe custody fees (article X).
19.
Payment of commission:--- When a
commission is issued under section 33 or 38 of the Act, half of the fee
prescribed in article V of Appendix I subject to the maximum of Rs. 5 is
payable to the person by whom the commission is executed. When a registering officer himself proceeds
to a private residence or a jail, under section 31, 33 or 38, of the Act, he is
entitled to half the fee prescribed in article V of Appendix I subject to the
maximum of Rs. 5 in addition to any other registration fee to which he may be
entitled; but this rule does not apply to the officers mentioned in paragraph
2(a) who will be entitled only to the travelling allowance admissible under
ordinary rules:---
Provided that a Departmental or Honorary Sub-Registrar for a
person by whom a commission is executed may, in lieu of the share of fees
prescribed by the above paragraph, draw travelling allowance at the rates
prescribed in Article V of Appendix I.
20.
No allowance
granted during absence on leave:--- No part
of the income from fees can be drawn by any officer in respect of any period
during which he is on privilege or other leave.
21.
Fixed salary alone
counts for pension:--- The fixed salary alone shall be allowed to count for pension, and
not the fee percentage drawn in addition to salary.
22.
Remuneration of
sub-registrars who are pensioners:--- Sub-Registrars,
who are pensioners, will draw no fixed pay, but only a percentage calculated in
accordance with the last sentence of paragraph 16. The total of fee-income and pension must not
exceed Rs. 6,000 a year, in the case of those Sub-Registrars who are in receipt
of an annual pension of Rs. 4,500 or above, or Rs. 5,000 in any other case.
23.
Method of drawing fixed pay and percentage:--- (1) The fixed pay of Departmental
Sub-Registrars should be drawn in the monthly district registration
establishment pay bills. The 10 per cent
fee-income to which they are entitled will be calculated by them and communicated
to the Registrar on the form of commission bill E in Appendix II (see also
paragraph 176).
(2)
It
will be necessary for pensioners to calculate each month what percentage of the
fee-income will yield the equivalent of Rs. 25 salary (or such other salary as
has been fixed) plus 10 per cent, of the fees collected, and this rate of
percentage should be entered by them in the form of commission bill referred to
above.
(3)
The fixed pay drawn for Departmental Sub-Registrars should
be shown by Registrars in the monthly expenditure statement, form B in Appendix
II, column 6 of the same being sub-divided to show “Pay” and “Percentage”. It is also necessary to maintain service
books for them as required by Rule 12.2 of Subsidiary Rules (other than
Travelling Allowance Rules), Punjab Financial Hand Book No. 2, Volume II.
24.
If fees decrease, departmental officer should
be made honorary:--- It should be borne in
mind that if the fee income of any departmental office falls much below the
present average amount, it would be possible to save disproportionate expense
by turning the incumbent into an Honorary Sub-Registrar, and Registrars should
report such cases to the Inspector-General.
24-A. Leave to Sub-Registrars:--- (1) Rules governing the grant of leave to Departmental
Sub-Registrars are given in Chapter 17 of the Subsidiary Rules, Volume II of
Punjab Financial Hand Book No.2, and are reproduced below:---
Subject to the deduction of the amount of leave actually
enjoyed from the amount of leave of the same sort which has been earned, a Departmental
Sub-Registrar may be granted leave as follows:---
(a)
Leave on full pay not exceeding one year in the whole of his service up
to one eleventh of the period spent on duty, subject to a maximum amount of
leave of four and a half month may be leave without medical certificate and the
rest leave on medical certificate and
(b)
leave on medical certificate on half pay for not more than six months
during his service after the completion of six years of duty, and
(c)
leave without pay other than leave on medical certificate for a period
not exceeding one year during the whole of his service.
(d)
leave without pay on medical certificate without any limit.
(e)
any combination of leave under clauses (a), (b), (c) and (d) provided
that no combination under clauses (a), (b) and (c) at one time exceeds one
year.
(2) The percentage due
to Sub-Registrars should be drawn by Registrars on a commission bill.
25.
Deleted.
26.
Submission of retire- maturity etc:--- (1) On or before the 1st
October of each year Registrars shall forward to the Inspector-General a report
in the Sub-Registrars who will attain the prescribed age of retirement or who
se extension of service will be during the next official year.
(2) The
Inspector-General of Registration will enter his recommendation and forward it
to the Local Government for orders.
26-A. Rules regulating the control and discipline of Departmental
and Honorary Sub-Registrar in the
Rules
(0)
Short
Title:--- These rules may be called the Punjab Sub-Registrars
Conditions of Service (Control and Discipline) Rules, 1943.
(1)
Definitions:---
(a)
“Government” means the Provincial Government;
(b)
“Sub-Registrar” means a Departmental or Honorary Sub-Registrar;
(c)
“Service” means the Punjab Sub-Registrars Service.
(2)
Discipline,
Penalties and Appeals:--- (1) In all matters relating
to discipline, penalties and appeals, members of the service shall be governed
by the provisions of the Government of India Act; 1935, and by the rules
published in section III of Chapter XIV of the Civil Services Rules (Punjab),
Volume I, Part I, provided that the nature of penalties which may be inflicted,
the authorities empowered to impose such penalties and subject to the
provisions of clause (b) of sub-section (3) of section 241 of the said Act, the
appellate authority shall be as specified in Appendix A.
(2) The
authority competent to pass an order under clause (e) of rule 14 : 14 of the
said section III and the appellate authority shall be as specified in Appendix
B.
APPENDIX A
[Rule 3 (1)]
|
Designation of official |
Nature of penalty |
Punishing authority |
Appellate authority |
|
Sub-Registrar |
(a)
(a)
Censure (b)
(b)
Recovery from emoluments of the whole or part of any pecuniary loss caused to
Government by negligence or breach of orders. |
Registrar |
Government |
|
|
(c)
(c)
Suspension. |
|
|
|
|
(d)
(d)
Removal from civil service of the Crown which does not disqualify from future
employment. (e)
(e)
Dismissal from the civil service of the Crown which ordinarily disqualifies
from future employment. |
Government |
No appeal |
APPENDIX - B
[Rule 3 (2)]
Order referred to in clause (e)
of rule 14.14 of section III, Chapter XIV of Civil Services Rules (
|
Designation of official |
Nature of order |
Authority empowered to pass
order |
Appellate
authority |
|
Sub-Registrar |
(a)
(a)
Terminating the appointment of a member of the service otherwise than upon
his reaching the age of 55 years. |
Government |
No appeal |
ESTABLISHMENTS AND CONTINGENCIES
27.
Budget provision for temporary establishment:--- The Inspector-General will provide in his budget a sum
over and above the cost of the permanent district establishment as a reserve
from which to meet the cost of temporary establishment. This reserve will not be distributed over
districts but allotted by the Inspector General as occasion arises. The Inspector-General has full authority to
regulate and sanction charges on account of the temporary establishments
of registering officers, so long as the
annual allotment for these charges is not exceeded:---
Provided that the salaries of a temporary muharrir and of a
peon shall not exceed Rs. 60 and Rs. 14 per mensem, respectively, and the
period of employment of such temporary staff shall not extend beyond the
current financial year without the express sanction of Government.
28.
Cost of permanent
muharrirs:--- All permanent Registration
muharrirs are members of the ordinary district office establishment and their
pay is regulated according to the scale of the grade to which they belong as
members of that establishment.
29.
Establishment for sub-registrars:--- To each Registrar, a muharrir will be allowed either
separately or in connection with the establishment of the Sub-Registrar at the
headquarters of the district according to locality and the amount of work in
the district.
30.
Cost of permanent muharrirs:--- (1) The
strength of the establishments of Sub-Registrars will vary according to the
amount of work to be performed in each office. As a general rule (which however
will not be rigidly enforced, liberal allowance being made for special
circumstances and localities) these establishments will be regulated according
to the following scale:---
(a)
where the number of registrations does not exceed 1,000 per annum a
single muharrir should suffice.
(b)
where the number exceeds 1,000 but does not exceed 3,000 per annum one
head muharrir and from 1 to 3 muharrirs may be employed;
(c)
where the number exceeds 3,000 per annum special arrangements will be
made in each case.
(2) In the case of small
offices where the number of registrations does not exceed 400 per annum the
registration muharrir’s work may be made over with the previous sanction of the
Inspector-General of Registration to a muharrir employed on any other work in
addition to his own. If the muharrir to
whom the registration muharrir’s work is made over in addition to his own is a
member of the district office establishment no allowance will be given as
allowance of usually Rs. 5 per mensem, with the previous sanction of the
Inspector-General. In special cases, the
Sub-Registrar may be allowed, with the previous sanction of the
Inspector-General, to make his own arrangements for the performance of the
muharrir’s work receiving therefore from the Registration Department a sum not
exceeding the copying fees collected.
31.
Temporary
establishments:--- When, in any office
owing to special or temporary causes, it is beyond the power of the permanent
staff to cope with the number of registrations in any one month, the Registrar
of the district may appoint an additional muharrir on Rs.30 per mensem to that
office, as a temporary arrangement, reporting it at once for the confirmation
of the Inspector-General. This
additional muharrir shall be retained only so long as may be absolutely
necessary.
32.
Registration
muharrirs to be employed solely or registration work:--- Registration
muharrirs are not to be employed on other work
without the approval of the Inspector-General of Registration,
33.
Appointments,
Transfers and Dismissals:--- The power of
appointing, transferring and dismissing Registration muharrirs is vested in the
Registrar of the district, subject, however, in the case of appointments and
transfers, to the general control of Inspector-General of Registration who has
authority, for sufficient reasons to disallow any arrangement which is made by
the Registrar. This power of interference
by the Inspector-General will, however, be cautiously exercised and must not be
taken as limiting, in any way, the responsibility of the Registrar for the
employment of fit and proper persons as Registration Muharrirs. Appeals against punishments or dismissals
ordered by the Registrar lie to the Commissioner of the Division.
34.
Qualifications of
muharrirs:--- Registrars in appointing
muharrirs to their own offices should, if possible, select men possessing, in
addition to a good vernacular education a sufficient knowledge of English to be
able to prepare the monthly and annual returns and to copy the Registrar’s
English correspondence. The head
muharrirs of offices where English documents are occasionally presented for
registration should also know enough English to be able to copy these documents
into their proper books. It should be
considered as indispensable qualification for all registration muharrirs to be
able to write the vernacular character expeditiously in a clear, good hand.
35.
Chaprasis for Sub-Registrars:--- As a general rule and if funds permit one chaprasi
should be allowed for each Departmental or Honorary Sub Registrar. But where such officer is also an Honorary
Magistrate, before sanction to the entertainment of a chaprasi is applied for,
it should be ascertained whether a chaprasi is not already entertained, as
there in no need that more than one should be employed.
CONTINGENCIES
36.
Registrar’s contingencies:--- (1) The
contingencies of the Registration Department have been declared to be contract
contingencies and Registrars have been given fixed grants for this purpose.
(2)
The
powers of Registrars to incur expenditure from these grants are given in the
Book of Financial Powers, Punjab Financial Hand-book No. 1. For detailed instruction they should consult
chapter VI of the Civil Account Code.
(3)
The
contract contingent grant does not cover expenditure on the purchase of strong
boxes, padlocks and seals which are supplied by the Inspector-General and paid
for out of his office contingencies.
(4)
The
Inspector-General of Registration, who is the Drawing and Disbursing Officer in
respect of the head “15—Registration” will provide funds from contingent
expenditure in connection with the purchase of strong boxes, padlocks and
seals.
37.
Postage charges:--- Service
labels and postcards should be supplied by the Registrar to Sub-Registrars from
time to time as required. An account of
them should be kept in columns added for the purpose in the despatch register
of each sub-registration office, the balance being struck in red ink at the
close of each month. Registrars should
see that economy is used in the transmission of papers by post ; and when extra
postage has to be paid owing to the omission on the part of any Sub-Registrar
to affix his signature to a cover, or by an irregularity in its subscription,
such extra payment and the postage entailed by consequent correspondence should
be recovered from the officer concerned, and should not be allowed to appear in
the Registrar’s contingent accounts.
38.
Sub-registrars
contingencies:--- All the contingent expenses of the offices of Departmental and
Honorary Sub-Registrars, excepting stationery, hot and cold weather charges and
other charges incurred for their personal convenience, should be defrayed from
provincial funds. Expenditure chargeable
to Government should be defrayed by the Sub-Registrars in the first instance
and recouped by contingent bills. It is
not necessary to make a separate advance to a tehsildar or naib-tehsildar in
charge of a registration office for expenses connected with that office, as
such expenses can be defrayed out of the permanent advance held in the tehsil
for general expenses. Scrutiny of
details will be left to the Registrar who will see that no unnecessary
expenditure is incurred on contingencies.
39.
Punkha Coolies:--- Departmental
and Honorary Sub-Registrars are not permitted to entertain punkha coolies at
Government expense but such coolies may be provided for central record offices
and paid out of contingencies.
40.
Belts, Badges and Liveries to Chaprasis:--- Belts and badges may be supplied to Sub-Registrar’s
chaprasis on the terms laid down in paragraph 14 of Punjab Government
Resolution No. 19630, dated 4th September, 1925, but the provision
of liveries is inadmissible. The maximum
cost of a belt is Rs. 8. Each Registrar
must fix the cost of a badges according to the circumstances of his district
but the cost should not ordinarily exceed Rs. 4.
CHAPTER III
CUSTODY,
PRESERVATION AND DESTRUCTION
OF RECORDS
Custody and Preservation
41.
Responsibility for
preservation and safe custody of records:---
Registering officers are responsible for the preservation and safe custody of
all registration records, including those of previous years, which have
accumulated in their offices or have been transferred thereto. This responsibility applies not only to the
registers and records maintained under the Act, but also to those under the
previous Indian Registration Acts, III of 1877, VIII of 1871, and XX of 1866,
as well as to those maintained under local rules before the extension of the
last named Act to the
42.
Strong Boxes:--- (1) The offices of all
registering officers have been supplied with one or more strong, tin-lined
boxes or almirahs secured by locks of approved pattern; in these boxes the
registration books and all papers and documents connected therewith shall be
kept; and no money or valuables of any kind shall be deposited therein. The boxes shall be placed in the room where
the registering officer transacts his public business, and shall be opened and
closed by that officer himself, or in his presence, and he shall retain the
keys of the locked boxes in his own possession.
The duplicate keys of the locks supplied to Sub-Registrars shall remain
in the custody of the Registrar of the district who should label each with the
name of the sub-district to which it belongs, and deposit it in some safe
place.
(2)
The
locks and duplicate keys of a registration office which has been permanently
closed should be returned to the Inspector-General’s office, unless a new
registration office has been simultaneously opened in the same district.
(3)
The boxes or almirahs of a registration office which has
been permanently closed, if not required for the purposes of any other
registration office in the district, should be auctioned and the proceeds
credited to the head “XXXV – Miscellaneous – Sale of old stores and material.”
43.
Weekly examination
of records:--- To prevent injury occurring to the older records by damp, white
ants, and on the boxes should be thoroughly exptied out and their contents
examined once a week and all Sub-Registrars should submit alongwith their
monthly returns, a certificate to the Registrar of their district to the effect
that the records in their charge have been examined according to rule. Should any injury happen to any of the
records, whether by white-ants, fire, flood or otherwise, or should any of them
be lost, an immediate report should be made to the Inspector-General by the
Registrar of the district, who should record at the same time his opinion as to
whether any one, and if so who, is to blame, and to the measures to be taken to
repair the injury or loss so far as may be possible.
44.
Preservation of wills and authorities to adopt:--- (1) The
Registrar of every district has been supplied with a fire-proof safe. In this safe shall be kept wills in sealed
covers, and authorities to adopt, which may have been deposited under the
provisions of the Indian Registration Act, 1866, and authorities to adopt
executed before the 1st January, 1872, which may have been deposited
under section 2 of the Indian Registration Act, 1871; also wills in sealed
covers which have been deposited or may be presented for deposit under section
43, and wills which have been or may be opened under section 45 of the Indian
Registration Act, 1871, the Indian Registration Act, 1877, or the Indian
Registration Act, 1908. It shall not be
used for any other purpose whatever. The
key of the safe shall remain in the personal custody of the Registrar who alone
shall open and close it; the duplicate key should be carefully labelled and
forwarded to the Inspector-General’s office for safe custody and issue, as
required. The safe shall be placed where
it can not be affected by damp, and it shall be opened and examined once in
every six months with a view to ascertaining that its contents (if any) are
correct and in good condition, and that the look is in order ; and on the 1st
April and 1st October in every year the Registrar shall report to
the Inspector-General the result of this examination, or if owing to some
unavoidable cause no such examination has been made, the reason why no
examination has been made.
(2)
If
any will through age or damp has been subjected to such decomposition that it
appears likely to become useless, the depositor – or his legal representative,
if the depositor is dead – should be called upon the replace it, and informed
that unless he does so, it will be destroyed when no longer legible, such
destruction should be carried out in the presence of a gazetted officer, who
should record a note thereof in his own handwriting in the register.
(3)
When several wills are kept together arranged one above the
other the seals are apt to wear out and the inscription thereon to become
effaced owing to constant contact. It
has also been observed that in some cases the inscriptions on the seals fade
with the advance of years. In order,
therefore, to prevent damage, such covers should, before they are deposited in
the safe, be placed in outer transparent covers with eyeleted flaps and a
string should be passed through the eyelets and tied and sealed. The outer cover should not be opened unless
there is a permanent change in the personnel of the Registrar or unless an
occasion arises for the opening of the inner sealed cover for its removal to
court.
45.
No need for verification of existence of
testators:--- The Government of India have decided that it is not incumbent on
Registrars to verify from time to time the existence of testators, whose wills
have been deposited with them for safe custody.
All depositors of wills should, therefore, be informed that no steps
will be taken by Government to ascertain when they die, and to communicate
after their death with the beneficiaries.
Central Record Office
46.
Opening of central
record offices:--- In the majority of
47.
Central office to
be in registrar’s office:--- The Registrar’s office shall contain
the central office record for each district and such registers of his own and
those of subordinate offices as are to be preserved in perpetuity, shall be
transferred to it from time to time.
48.
Catalogue of permanent records:--- (1) A catalogue shall be kept up in
every registration office, so many pages being set apart for entering up
serially the volumes of each species of register, where necessary, year by
year. Only permanent records shall be
entered, such records being of the following character:---
(a)
for
the period prior to the year 1847 (in the south-eastern districts of the
(i)
such
filed copies of documents, alongwith relevant, indexes and diaries, as may
still exist;
(ii) any
register books that there may be into which deeds were copies along with
relevant indexes;
(b)
for the period 1847 – 1856,---
(i)
the
single register books into which deeds were copied;
(ii) the indexes
to such registers if any;
(c)
for
the period 1856 – 1867,---
(i) the file books of
the copies or the bundles of the copies which were taken from presenters and
which, after comparison with originals, were filed;
(ii) the register books
in which record was made of the names, etc., of the persons who presented the
copies and of the nature of the transaction;
(iii) the
annual indexes to these register books.
(d)
for the period 1868 to date,---
all volumes of books *1, 2, 3, 4 and 6 all annual indexes I,
II, III and IV (vide sections 51, 54
and 55 of the Act).
(2) In
future, when a new catalogue has to be prepared, the following form should be
adopted. Existing catalogues need not be
altered:---
Book or Index No.
_______________________
|
|
|
DATE OF COMMENCE-MENT |
DATE OF COMP-LETION |
DATE OF DESPATCH TO CENTRAL
RECORD ROOM |
Signature
of Registering Officer |
Remarks |
||||||
|
Serial
No. |
Volume
No. |
Date |
Month |
Year |
Date |
Month |
Year |
Date |
Month |
Year |
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
49.
Transfer of
records to central office:--- When a central office has been opened
no time should be lost in transferring to it from the Registrar’s and
Sub-Registrar’s offices the records mentioned in clauses (a), (b) and (c) of
the preceding paragraph, if there are any such, and at the beginning of each
Financial year such of the records mentioned in clause (d) as are completely
filled up and in which the last entry dates back over 12 years, or such period
as the Inspector-General may approve should be transferred to the central
office. All records so transferred shall
be accompanied by any invoice in duplicate (vide form 3, appendix III). One copy of the invoice shall, after careful
verification, be receipted and returned to the office from which it was
received with as little delay as possible.
Despatching officers will be responsible for seeing that the records are
securely packed before despatch, and that every precaution is taken to guard
against their loss or damage in transit.
50.
Special Record-Room:--- Where
possible, a special record-room for these records shall be provided in the
Registrar’s office, and shall be supplied with racks and presses or with strong
wooden or sheet iron almirahs fashioned by secure locks.
---------------------------------------------------------------------------------------
NOTE. – Book I includes also supplementary book 1 paragraph
66.
51.
Supervision of
Central Office:--- The central office may, with the sanction of the
Inspector-General, be placed directly under the supervision of the
Sub-Registrar at headquarters, but in any case it shall keep a catalogue
as prescribed in paragraph 48.
52.
Catalogues
to be signed on charges of personnel:--- Whenever there is a change of registering officers or of
registration muharrirs of head registration muharrirs where there is more than
one muharrir, the catalogue of permanent records referred to in paragraphs 48
and 51 shall be signed by the relieved and relieving registering officers or
muharrirs or head muharrirs, as the case may be.
Inspection and Production in Court
53.
Inspection of
Registers, etc., by applicants under Section 57:--- Inspection of registration books and indexes allowed to
applicants under section 57 of the Act shall be made in the presence of the
registering officer, and without pen and ink.
“Pencil and paper may be used for the purpose of taking notes in order
to identify the document or record which is being examined. These notes shall be confined to particulars,
such as the names of parties, the area of land demised or the amount of the
consideration money, if any, the number of document and book, volume and page
of register in which it has been copies and the date of registration. No mark shall, however, be made on any record
or paper inspected.”
54.
Production of Registers, etc. in court:--- If the
production of a register book, or of any document in the custody of a
registering officer is required by any court, it shall be forwarded under the
charge of a member of the registration establishment, and application shall be
made to the court for payment of his expenses, in accordance with the Travelling
Allowance Rules in force in the Punjab.
Destruction
55.
Annual destruction of useless records:--- Each
Sub-Registrar, and the Registrar’s muharrir for the Registrar’s office, shall,
as soon as possible after the close of each financial year, submit in Urdu or
in English to the Registrar of the district a statement, prepared according to
form G, appendix II, containing proposals for the destruction of documents and
records which, in accordance with the instructions contained in appendix VIII,
need no longer be preserved. The
Registrar, after examining all such statements, shall pass orders for the
destruction of such documents and records as he may consider necessary. These statements should be disposed of by
Registrars by the first March in each year at the latest. Among the older records, the following should
not be preserved:---
(a)
old book V which was kept in the years, 1866 – 72 and contains summaries
of decrees in land – suits sent to Sub-Registrars by civil courts;
(b)
the serial register books or diaries of the years 1856 – 68,
provided copies of the deeds entered in these books are forthcoming (with the
indexes), and have registration endorsements on them signed by the
Sub-Registrar, -- vide paragraph 48 (c) (ii).
56.
Destruction of registered
documents:--- When a registered document is destroyed under section 85, of the
Act a note to that effect shall be made in the column for remarks opposite the
copy in the book in which it was registered.
When a document, the registration of which has been refused, it destroyed
under the same section, a similar note shall be made in the column of remarks
opposite the record of refusal in book 2.
Books and Records
57.
Registers to be kept in offices of Registrars
and Sub-Registrars:--- (1) In the office
of every Registrar and Sub-Registrar the following registers shall be
maintained:---
Book 1
Supplementary
Book 1.
Book 2.
Book 3.
Book 4.
Book 6.
(2)
Each
Registrar shall also keep an additional register called book 5.
(3)
Where
the Sub-Registrar and joint Sub-Registrar are located in the same building and
use the same muharrir, only one set of registers shall be kept.
58.
Supply of registers:--- (1) The books shall consist of printed forms containing the
headings hereinafter described, and paged consecutively bound in volumes of convenient
size, the number of page, in each volume being certified on the title
page. Ordinarily they shall be in the
vernacular, but in special cases English forms may be supplied. The volumes shall be numbered consecutively
(a separate series for each book for each office), and the number shall not
terminate with the Financial year, but shall run on perpetually.
(2)
Every
registering officer, on receiving a volume from the Registrar’s office, shall
immediately examine it to see that it contains the certified number of pages,
and that these have been numbered in proper consecutive order, and he shall
note the result on the title page. A
similar certificate shall be entered by the Registrar in any volume brought
into use in his own office.
59.
Indents for forms and books:--- (1) All indents for registration forms and books shall
be sent to the Superintendent, Government Printing,
(2)
The
forms and books duly bound will be supplied to Registrars by the end of August
in the case of vernacular forms and by the end of September in the case of
English forms. Registrars will stock
them and distribute them when required to sub-offices.
(3)
As
soon as supplies are received, their number should be carefully checked by the
indenting officer; who should satisfy himself that they are in accordance with
the indent before signing the receipt for them.
(4)
To
prevent wastage of registration books and forms, a register should be kept in
each Registrar’s office in the form given below. Receipts should be entered up in the register
in red ink, and issues in ordinary black ink, the signature of the person to
whom the forms are issued being taken in the remarks column.
Stock Register of
Registration Books and Forms
|
STANDARD NO. OF FORM OR REGISTER OR ENVELOPE |
|||||||
|
|
|
RECEIPTS |
ISSUES |
|
|
||
|
Date |
Opening balance |
Number received |
No. and date of invoice with
which received |
Number issued |
To whom issued |
Balance after each transaction |
Initials of receiving of
issuing official |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
60.
Certificates of
examination when a volume is filled up:--- When a volume is filled up, the
registering officer shall certify, after the last entry, the number of entries
made therein during the current Financial year and the number of pages on which
they are written; he shall also examine those entries and note in his
certificate any errors or defects that he may discover.
61.
Consecutive
numbers to be by the calendar year. Certificate at close of year:--- The
consecutive numbers of entries in each book prescribed in section 53 of the Act
shall commence and terminate with the Financial year, and at the close of each
such year, the registering officer shall certify, after the last entry of each
current volume, the number of entries made in that volume during the year and
the number of pages on which they are written; he shall also examine those
entries, and note in his certificate any errors or defects that he may
discover. If no entries have been made
during the year in any volume he shall certify to that effect.
62.
Concurrent volume
of same register:--- If in any office the number of documents to be registered be so
large that there is difficulty in entering them day by day in the appropriate
registers, the registering officer may, with the previous sanction of the
Inspector-General, keep up concurrently two volumes of any register book, the
documents bearing even numbers being entered in one volume, and those bearing
odd numbers in the other. In special
cases three or more concurrent volumes may be maintained.
63.
English volume of
book 1 to be maintained at Shimla,
64.
Book 1:--- Book 1 is the register of
non-testamentary documents relating to immovable property. It and the indexes relating to it are open to
public inspection, and copies of entries in them shall be given to all persons
applying for them on payment of the prescribed fees. In this book shall be entered all documents
registered under sections 17 and 18 of the Act which relate to immovable
property and are not wills. It shall
contain the following headings:---
(a)
value of stamp, and copy of all endorsements made in the registry office;
(b)
serial number of entry, nature and value of transaction, and amount of
registration and other fees and fines levied;
(c)
copy of document registered;
(d)
remarks.
[Extract from
Correction Slip No.3
The 20th March, 1989
No.R-1/17-109,4991
- Substitute the following for the existing
paragraphs of the Punjab Registration Manual, 1929 (Reprint 1973):---
I.
Book No. 1:---
64 Book No. 1 is
a file book, with numbered butts, of non testamentary documents which relate to
immovable property registered under sections 17 and 18 of the Act and which are
not Wills. In this book shall be filed
duplicate copies of all documents, duly signed by the parties and the witnesses
and endorsed by the Registering Officer, like the original. Each sheet of the duplicate copy thus signed
by the parties and the witnesses and endorsed by the Registering Officer, shall
then be pasted on a separate numbered butt in Book No. 1, immediately on
receipt otherwise there is a danger of its being lost or injured and the
registering officer shall write his signature with date, and shall affix the
seal of his office in such a way that both the signatures and the seal are
partly on each butt so used and partly on the duplicate pasted thereon. Endeavour should be made to return the
original document to the presenter before he leaves the office. This book and the indiees relating thereto
are open to public inspection, and the copes of the entries therein shall be
given to an applicant on payment of the prescribed fee. Maps or plans annexed to the documents should
also be pasted in this book. The heading
of each butt shall be in the following form:---
|
Value of the stamp Name of the Stamp Vendor |
Serial No. of entry, nature and
value of transaction and amount of registration and other fee and fines
levied. |
|
1 |
2 |
II.
Book No. 1:---
74 Book No. 4 is a miscellaneous register in which are
pasted duly endorsed and signed duplicates of all documents, registered, under
clauses (d) and (f) of section 15 which do not relate to immoveable
property. Neither it is open to Public
inspection nor its indexes. Copies of
entries in it or them shall be given, on payment of the prescribed fee only to
the parties executing or claiming under the documents to which such entries
relate, or to the agents or representatives of such persons. The necessary search shall be made by the
Registering Officer in person. This
register shall contain the same headings as Book 1.
III.
Existing
paragraphs 70 and 75 of the Punjab Registration Manual 1929 (Reprint 1973) are
deleted.
(Sd)
Inspector-General
of Registration,
65.
References to
other documents affecting the same property:--- When any document is registered in
Book 1 affecting some other document previously registered in it, a note
referring to the later document shall be entered in the column of remarks
opposite the entry of the earlier document, and shall be signed by the
registering officer of the day. A note
of compliance with this rule signed by the muharrir shall always be entered on
the copies of documents in which the references to previous documents occur, as
without such a note it can not be easily ascertained whether the rule has been
carried out. Where entries have to be
made in registers transferred from Sub-Registrars offices to a central
record-room, Sub-Registrars shall maintain lists of all such references and send
them to the Registrar’s office at the end of every month. The Registrar’s clerk shall then enter the
notes in the appropriate registers in the record-room, have them signed by the
supervising officer, and return the lists duly endorsed to the Sub-Registrars
who shall have the requisite notes of compliance entered against the copies of
the later documents in their offices.
66.
Supplementary Book 1:--- (1) Besides
the ordinary entries in Book 1, the Act requires that the following documents
shall be “filed in Book 1”:---
(a)
Copies of maps and plans (section 61);
(b)
copies and memoranda of documents received from other registering
officers (sections 64 to 67);
(c)
copies of certificates granted by revenue officers under the Land
Improvement Loans Act, 1883, or the Agriculturists Loans Act 1884, and of
certificates of sale granted by courts under the Code of Civil Procedure or by
revenue officers in regard to immovable property sold by public auction
(section 89).
(2) To prevent injury to
the binding and the disturbance of paging which would result if these documents
were filed in the bound volumes, a separate file book called “Supplementary
Book 1” shall be kept in each office and in it the documents above mentioned
shall be pasted. It shall contain
printed slips paged in consecutive order and having columns headed as
follows:---
(a) date
of receipt of copy or memorandum;
(b) date
on which document was executed;
(c) name
and addition of executant.
(3) As regards the
copies of maps and plans it will be sufficient to note thereon the registration
number and date of registration of the document to which they appertain, and
the volume and page where the entry will be found; but all other copies and
memoranda filed in this book shall be numbered consecutively and the necessary
particulars shall be given of them in indexes Nos. I and II. All documents should be pasted in immediately
on receipt, otherwise there is danger of their being lost or injured. All notes recorded on the documents filed in
this book should be signed and dated by the registering officer. In all cases the three printed columns on the
paged slips should be filled up. The
certificates at the beginning and end of each volume prescribed in paragraphs
58 and 60, and the annual certificates prescribed in paragraph 61, must be
recorded in this book in the same manner as in all the other registers.
67.
Copies of
certificates of sale under the C.P.C.:--- The
High Court has arranged that all copies of sale granted under the Code of Civil
Procedure shall be prepared by the courts on printed forms of a prescribed size
and shape, suitable to the size and shape of the registers in which they are to
be filed and that blank copies of these forms shall be supplied on application
to the office of the Superintendent, Government, Printing, Punjab. Sub-Registrar should not file any copies of
sale certificates sent to them unless these are prepared upon the prescribed
forms, copies not so prepared being returned to the courts sending them.
68.
Copies of orders
granting loans under the land improvement or Agriculturists Loans Act:--- Copies of
orders granting loans under the Land Improvement Loans Act, 1883, or the
Agriculturists Loans Act, 1884, should be prepared upon paper the pages of
which are of foolscap size. If the whole
document cannot be copied into a single half sheet, a whole sheet or more than
one sheet may be used, but the paper should be limited to the size of foolscap.
69.
Filing
Translations and Maps:--- When a document
is registered under section 62 of the Act a note of the pages of the
supplementary file book on which the translation and copy have been filed,
shall be made in the column for remarks.
A similar note shall be made when a copy of a map or plan is filed in
Supplementary Book 1 under section 61.
70.
Deleted.
71.
Book 2:---
(1) Book 2 is the record of
reasons for refusal to register. It also
is open to public inspection, and copies of entries in it shall be given to all
persons applying for them; in the event of the applicants being persons
executing or claiming under the document, registration of which has been
refused, or their representatives or agents, the copies shall be given free of
charge for copying, though the copy must be stamped. This book shall contain the following
headings,---
(1) serial number;
(2) date of order of refusal;
(3) name of person presenting document;
(4) nature and value of transaction;
(5) reasons for refusal;
(6) remarks.
(2) A brief description
of the rejected document is sufficient, and there is no need to copy it into
the book in extensor.
(3) The
record of the reasons for refusal should be sufficiently full to enable an
appellate or inspecting officer to judge of their sufficiency, but need not
contain a summary of any evidence which the registering officer may have taken;
such evidence should be recorded on separate sheet of paper and filed in the
office. When a document, the
registration of which was originally refused, is subsequently registered by
order of a Registrar, under section 72 or 75 of the Act, or of a civil court
under section 77, a note of such order shall be made in column (6) of this
register opposite the original record of refusal.
(4) In
his copy of this book the Registrar, as required by section 76, of the Act must
record his reasons, not only for refusing to register a document, but also for
rejecting an appeal from the order of a Sub-Registrar subordinate to him.
72.
Book No. 3:--- Book 3 is
the file book with numbered butts, in which copies of wills and authorities to
adopt, are to be pasted after they have been accepted for registration, under
section 41 of the Registration Act, 1908; also such wills as have been opened
by the Registrars under sections 45 and 46 of the Act, ibid. The instruments of wills presented for
registration by the testators themselves, should be in duplicate. Photostat copies of the instruments of wills
presented for registration, after the death of the testators, should be
obtained along with the originals, and pasted in the file book like other
wills, after registration. This book is
not open to public inspection, not are its indexes; but copies of entries in it
or them shall, on payment of the prescribed fees be given to the persons
executing the documents to which such entries relate, or to their agents, and
after the death of the executants (but not before) to any person applying for
such copies. The necessary search shall
be made by the Registering Officer in person.
When a will entered in this book affects immovable property situate in
districts or sub-districts other than that where the entry has been made, no
copy of memorandum of such will need be sent to the registering officer of
those district or sub-districts. This
substituted file book shall contain the same headings as are prescribed for
book No. 1.
73.
Description of
“Will” and “Authority to Adopt”:--- To prevent mistakes, it may be
explained that every document making posthumous disposition of property is a
“will” and should, when registered, be entered in Book 3. Further, that a document which merely
declares the fact of having adopted a son, or given a son for adoption, is not
an “authority to adopt,” and should not be entered in this book unless it
contains testamentary dis-positions which bring it within the definition of
“will” given above.
74.
Book No. 4:--- Book 4 is
the miscellaneous register, in which are to be copied all documents registered,
under clauses (d) and (f) of section 18 which do not relate to immovable
property. It is not open to public
inspection, not are its indexes; and copies of entries in it or them shall be
given, on payment of the prescribed fees, only to the parties executing or
claiming under the documents to which such entries relate, or to the agents or
representatives of such persons. The
necessary search shall be made by the registering officer in person. This
register shall contain the same headings as Book 1.
75.
Deleted.
76.
Separate file book
for documents in languages not in use in the Punjab:--- A separate
file book should be opened in every registration office in the same form as
Supplementary Book No. 1 (paragraph 66 ante); and all copies and translations
of documents written in languages not in common use in the Punjab and
registered in Books 1, 3 and 4 should be filed in it. The number and date of registration of the
document to which the copy and translation appertain should be noted thereon
alongwith the volume and page where the entry of the document will be
found. Translations and copies should be
pasted in the file book immediately after the documents to which they
appertain, have been copied in the appropriate books as otherwise there is a
danger of their being lost or injured.
In all cases the three printed columns of the paged slips should be
filled up. The certificates at the
beginning and end of each volume and the annual certificates must be recorded
in this book in the same manner as in all other registers.
77.
Book 5:--- Book 5 is registered of deposit of
wills and is to be kept only in the offices of Registrars, who alone can
receive wills in sealed covers for deposit.
It shall contain the following headings,---
(1)
serial
number;
(2)
superscription
on the sealed cover;
(3)
inscription
on the seal of the cover;
(4)
time
of presentation and receipt of the sealed cover – Year, Month, Day, Hour.
(5)
name
of depositor;
(6)
names
of persons testifying to the identity of depositor;
(7)
time
of delivery of the sealed cover to applicant for withdrawal – Year, Month, Day,
Hour.
(8)
names
of persons testifying to the identity of the applicant at the time of delivery;
(9)
times
of opening the sealed cover – Year,
Month, Day, Hour.
(2) Columns
(1) to (6) shall be filled in when a will is first deposited under section 43
of the Act; columns (7) and (8) shall be filled up in the event of the will
being subsequently withdrawn, and column (9) shall be filled up when a will is
opened, after the death of the testator, under section 45 or 46 of the
Act. All these several entries must be
verified by the signature of the Registrar for the time being. When a will has been removed by order of a
court under section 46(1) of the Act the fact shall be noted in red ink across
the entry, and the note shall be authenticated by the signature of the
Registrar.
78.
Book 6:--- (1) In addition to the books
specified above, there shall be kept in every registry office a memorandum
book, to be called Book 6 for the purpose of recording brief abstracts of powers
of attorney authenticated under clause (1) of
section 33 of the Act, It shall contain the following headings,---
(2) In
the last of these columns it shall be noted, amongst other things, whether the
instrument gives express or implied authority to the attorney to present a
document for registration; whether the power is a special or a general one; and
if special, in what registration office it is intended to be used. It is not necessary to copy out the document in
extenso.
APPENDIX III
79.
Authentication of power-of-attorney by
registering officer.--- To prevent mistakes, it may
be explained that the only description of power-of-attorney which is a
registering officer is competent to authenticate under section 33 of the Act is
on which contains authority to present for registration a document executed by
the principal, and this is the only kind of power of which entries should be
made in Book No. 6. Such a power-of-attorney may, of course, be registered like
any other instrument, but it will not be valid for registration purposes unless
it has been authenticated under section 33 of the Act. Accordingly when a
power-of-attorney is presented by a person who presumably does not understand
the distinction between registration and authentication and it is not a power
which the registering officer can authenticate, he shall register the document
in his Book 4. If however the power contains authority to present for
registration a document executed by the principal, the registering officer
shall explain the difference between authentication and registration, and
ascertain the presenter’s exact wishes in respect of the document. There is
nothing, of course, to prevent such a document being registered as well as
authenticated if the principal wishes it, but in that case the operations shall
be treated as separate transactions, and the usual fee shall be levied for
both. If the power-of-attorney confers other powers besides an authority to
present for registration a document executed by the principal, it must be
registered in Book 4 and will also be authenticated and entered in Book 6 if
the presenter wishes.
BOOKS IN WHICH CERTAIN CLASSES OF
DOCUMENTS SHOULD BE REGISTERED
80.
Instructions as to Books in which
documents should be registered.--- When a
document is admitted to registration the registering officer has to determine
in which book it should be registered. This is a very important matter not only
because some of the books are open to public inspection while others are not
and because the rates of fee differ, but also because question of jurisdiction
and limitation are involved. Ordinarily no difficulty will be experienced in
determining, for the purposes of the Act, what is and what is not “immovable
property” but as occasionally doubts may
arise, the following rulings are noted for the guidance of registering
officer;---
(a)
In letter No. 491814, dated the 31st October, 1884, the
Government of India (the Home Department) has ruled that trees sold with a view
to their being cut down and removed are “standing timber” within the meaning of
clause (9) of section 2 of the Act while trees sold with a view to being kept
permanently standing and enjoyed by the taking of their fruits or otherwise are
immovable property. In conformity with this ruling documents relating to trees
of classes ordinarily used for timber should be registered in Book 4 unless the
terms of the document clearly contemplate their being kept standing and
enjoyed. Conversely, documents relating to trees not ordinarily utilized as
timber should be registered in Book 1 as documents relating to immovable
property.
(b)
Saltpetre manufacture.--- Agreements relating to the manufacture of saltpeter, and to other
products of the earth (except standing timber, growing crops and grass) should
be registered in Book 1 as documents relating to immovable property.
(c)
Sajji leases.--- An instrument conferring the right to cut Sajji for a terms conveying a right not only to the Sajji plants growing at time of
contract, but to those produced on the land in future for the term of years agreed
upon, is registerable in Book 4.
(d)
Votive offerings at shrines.--- A document conveying the income of a mela (i.e., the offering of worshippers at a shrine) was ordered to
be registered in Book 1, it being held that as the property transferred was
income derived from a sacred building, the document should, for registration
purposes, be treated as one relating to immovable property.
(e)
Receipt for consideration money.--- Acknowledgement of the receipt or payment of consideration for the
conveyance, etc., of immovable property must be registered in Book 1, and of
other property in Book 4.
(f)
‘Haq Lambardari.’--- The allowances to village headman of 5 per cent, on the land revenue
commonly known as haq lambaradi is “a
benefit arising out of land” within the defining of “immovable property” given
in clause (6) of section 2 of the Act.
81.
Instructions as to instruments of
adoption.--- Instruments of adoption
often give rise to doubt as to their proper treatment in a registration office.
The following instructions in regard to their registration should be
follows:---
(i)
deeds which recite the fact of adoption only;
(ii)
deeds which recite the fact of adoption, and convey the property of the
adoptive father to the adopted son during the lifetime of the former;
(iii)
deeds which recite the fact of adoption, and will the property to the
adopted son after the adoptive father’s death;
(iv)
adoption deeds executed by widows in pursuance of an authority to adopt.
Instruments of the first class fall under clause (f) of section 18 of the Act, and their registration is optional,
but they must be presented, if registration is desired, within the time allowed
in Part IV of the Act. They should be registered in Book 4, and described
therein and in the statistical returns as “adoption-deeds” (mutbana-nama). They are chargeable with
stamp duty, under Article 3 of Schedule I of the Stamp Duty Act, 1899.
Instruments of the second class should always be recovered in the
registers and statistical returns as “instrument of gift” (hiba-nama). They must be brought for registration within the period
of limitation allowed in Part IV of the Act, but are subject to different
treatment according as the property transferred is immovable or movable. Where
the property transferred or any part thereof, is immovable, the instrument
falls under clause (a) or subsection
(1) of the section 17, and registration is compulsory. The registration should be
made in Book 1, the fee payable being according to the scale given in clause (b) of Part I of Article I of Appendix I.
Where the whole of the property conveyed is movable, the instrument falls under
clause (d) of section 18 of the Act
and registration is optional. The instrument should be registered in Book 4 and
the fee chargeable is two rupees. In either case the instrument must be stamped
as a conveyance on the value of the property transferred under Article 33, of
Schedule I-A, or as on adoption-deed under Article 3 of Schedule I-A of Stamp
Act, 1899 whichever is highest.[2] Instrument of the third class fall under two heads:---
(a)
Deeds intended to operate as wills and reciting the fact of adoption only
incidentlly;
(b)
Deeds intended to operate as those of adoption and containing also a
provision that the adoptee would succeed to the property of the adoptive father
after death of the latter.
The deeds falling under (a)
must be recorded and treated in every respect as wills (wasiyat-nama). Their registration is optional under clause (e) of section 18 of the Act, and they
may be presented at any time (section 27). They must be registered in Book 3,
and are liable to be registration fee of Rs. 5, but are exempt from stamp duty.
Instruments coming under (b) must be
treated as deeds of adoption for purposes of stamp duty as well as
registration.
Instruments of the fourth class must be treated in every respect as those
of the first, but care must be taken to distinguish between instruments conferring
authority to adopt a son (ijazat-nama
tabniyat) and adoption deeds executed in pursuance of such authority as to
which, as well as to the definition of “will,” paragraph 73, may be consulted. The
registration of an authority to adopt is compulsory, while that of an
adoption-deed is optional; the former must be registered in Book 3, the latter
in Book 4; the registration-fee for the former is Rs. 5 and for the latter, Rs.
2; both instruments are however, like chargeable with a stamp duty of Rs. 20
under Article 3 of Schedule I-A of the Stamp Act, 1899.
Adoption-deeds not uncommonly contain stipulations on the part of the
adoptive father for the maintenance of the adopted son, and provisions for his
marriage expenses. Such stipulations are to be regarded only as a record of the
duties which are imposed by the law itself without express mention, upon the
adoptive father, and do not being the deeds which contain them within the
definition of “agreements” given in section 2 of the Contract Act, 1872.
82.
Distinction between leases and
mortgages.--- Care should be taken to distinguish
between deeds of lease and deeds of mortgage for a limited period and the
classification adopted by the deed-writer should not always be followed.
Generally speaking it may be said that if land is transferred in order to
secure the repayment of a limp sum of money advanced to, or due from the owner
of the land, the deed is usually a mortgage-deed, whereas in the case of a
lease the land is transferred on account of a future recurring annual payment.
If registering officers hold that a so-called lease presented to them for
registration is really a deed of mortgage, they should treat it as such for the
assessment of stamp duty and registration fees, and if it is under-stamped
should impound it. The real nature of the deed should of course be shown in
column 2 of Book 1.
Note.--- In this connection reference may be made to clause (b) of Article 35 of Schedule I-A of the
Stamp Act. Documents falling under this clause are to be treated as
“Conveyance” for the purpose of stamp duty.
Indices
83.
Indexes to be prepared on printed forms:--- (1) The current indexes, required by
sections 54 and 55 of the Act to be kept up in every registration office,
should be prepared on printed forms containing the particulars hereinafter set
forth. The forms shall ordinarily be in
the vernacular, but in special cases English forms may be supplied.
(2)
For
the purposes of this paragraph the offices of a Sub-Registrar and Joint
Sub-Registrar located in same building and using the same muharrir should be
deemed to be one office.
84.
Index No.1:--- (1) Index No.1 is that in which
section 55 of the Act requires that the names and additions of all persons
executing, and of all persons claiming under every document entered or
memorandum filed in Book 1, shall be entered.
It shall contain the following headings.
(1)
name
of person;
(2)
father’s
name;
(3)
residence;
(4)
profession,
trade, caste;
(5)
interest
in the transaction (e.g., purchaser, mortgagees, etc.);
(6)
number
of volume in which document is registered;
(7)
page
of volume in which document is registered;
(8)
references
(i.e., to initial letters of other index entries relating to the same
transactions) ;
(2) This
index shall contain the names and additions not only of the parties concerned
in the documents copied into Book 1, but also of those concerned in the copies
of memoranda of documents received from other registration offices and filed
under sections 64, 65, 66 and 67 of the Act as well as those concerned in the
copies of orders by revenue officers granting loans under the Land Improvement
Loans Act, 1883, or the Agriculturists Loans Act, 1884, and of certificates of
sale granted by civil courts under the Code of Civil Procedure or by Revenue
offices in regard to immovable property sold by public auction which are filed
under section 89 of the Act. In the case
of such sale certificates the only names of persons that need be indexed are
those of the judgement-debtor as vendor and the auction purchaser as vendee.
85.
Index No. II:--- (1) Index No. II is that in which, under section 55 of the Act,
the particulars mentioned in section 21, relating to every document entered or
memorandum filed in Book 1, are to be entered.
It shall contain the following headings,---
(1)
name
of city, town or village with tehsil and district;
(2)
Name
of parties,---
(b)
Alienors.
(c)
Alienees.
(3)
No.
Khasra and area with land revenue if the property has been surveyed;
(4)
nature
of transaction (e.g. sale of land, lease of house, mortgage of land or house,
& c.) with the amount of consideration;
(5)
number
of volume in which document is registered;
(6)
page
of volume in which document is registered;
(7)
Remarks.
(2)
A
Sub-Registrar, on registering a document of the nature mentioned in section 64
or 65 of the Act, shall enter in this index particulars of only that portion of
the property which is situate in his own sub-district. A Registrar, on receiving a copy of a
document under section 65, 66 or 67 of the Act, shall enter particulars only of
the property situate in his own district.
A Sub-Registrar, on receiving a memorandum of a document under section
64, 65, 66 or 67 of the Act, or a copy of an order or certificate under section
89 of the Act, shall enter the particulars of the property concerned in this
index.
86.
Index No. III:--- Index No.
III is that in which section 55 of the Act requires the names and additions of
all persons executing every will and authority to adopt copied into Book 3 and
of the executors and persons, respectively, appointed thereunder, and after the
death of the testator or donor (but not before) the names and additions of all
persons claiming under the same, to be entered.
It shall contains the same headings as index No. I.
87.
Index No. IV:--- Index No. IV
is that in which section 55 of the Act requires the names and additions of all
person executing, and of all persons claiming under, every document copied into
Book 4, to be entered. It shall contain
the headings prescribed for index No. I.
88.
Preparation of
indexes:--- Index entries shall be made on the same day on which the document
to which they relate is copied or filed in its proper register and shall on no
account be allowed to fall into arrears.
They shall be made alphabetically in Urdu, in the first instance on
loose forms, a separate form being used for each letter of the alphabet.
89.
Deleted.
90.
Index sheets to be
bound up annually:--- At the close of each calendar year, the loose index sheets in
every office shall be bound into volumes of convenient size, care being taken
that they are arranged in correct alphabetical order, and that the entries
which under section 57 of the Act are open to public inspection (indexes Nos. I
and II) are bound separately from those which are not (indexes Nos. III, and
IV).
91.
Initial letters:--- In the case of Indians the first letter of the person’s name and
not of his title or caste shall be the guide to the letter under which the
index entry is to be made. In the case
of Europeans, the initial letter of the surname shall be the guide. In the case of documents in which the
Government is concerned, as index entry shall be made (amongst others) under
the letter (sin) as the initial letter of Sarkar. Entries regarding companies, banks, etc.,
shall be made under the initial letter of the first word omitting the article.
Subsidiary Books and Miscellaneous Records
92.
Norms of Subsidiary Books:--- The
following subsidiary books must also be maintained in the office of every
Sub-Registrar,---
(a) fees book;
(b) receipt books A and B;
(c) order file;
Provided that in the circumstances referred to in paragraph
57 only one copy of these books should be maintained for both offices of the
Sub-Registrar and of the Join Sub-Registrar.
93.
Fees Book:--- The Fees book shall be kept in the
vernacular printed bound volumes containing 100 or 200 pages each being
supplied from the Registrar’s office.
This book must be written up daily the registration fees realized on
each document (distinguished by its registration number and the number of the
book in which it is entered) being shown separately, and the total collections
of the day entered in the appropriate column, copying fees being shown
separately from other fees. This daily
total must be verified by the registering officer who shall affix his signature
in token of such verification. On the
last account day of each month the several columns of the fees book shall be
totaled, the totals being written in red ink, and signed by the registering
officer, the entries for the remaining days of the month being carried forward
to, and included in the totals for the following month. Thus, if in July, the book is totaled on the
27th, the entries from the 28th July to the 27th
August should be treated as pertaining to the month of August, and so on.
(2)
Where
there is a Government treasury or sub-treasury at the same place as the
registration office, the fees realized shall be paid into the treasury or
sub-treasury daily, the signature of the treasurer at headquarters and of
potedars at tehsil sub-treasuries being taken in the Fees book in
acknowledgement of the receipt of the amounts entered. All sums received subsequently to the closing
of the treasury or sub-treasury or accounts for the days shall be credited the
next day along with receipts up to the hour of closing of the treasury or
sub-treasury accounts for that day, and so on.
All sums taken on any day on which the treasury or sub-treasury is
closed owing to a holiday shall be credited on the day on which the treasury or
sub-treasury reopens. The words “treasury
closed” should, however, be written in the Fees book against the fees of the
day not credited for this reason. When a
registration office is situated at a place where there is no Government
treasury or sub-treasury the collections of the registering officer may be
transmitted by him fortnightly to the nearest treasury, in time to admit of
their being included in the current month’s accounts ; or, should such a course
appear more convenient to the Registrar of the district, the fees may be remitted
by money-orders under the rules for “Government dues money orders” the
expenditure incurred on common being charged to registration contingencies.
(3)
Registering
officers should be careful to see that the correct amount of fees* is levied in
each case. It must be remembered that
when under section 65, 66 or 67 of the Act, several copies of a document have
to be made, owing to the property concerned being situate in more than one
district, a copying fee under article III of the table of fees should be charged
upon each copy; but no copying-fees should be levied for memoranda sent to
other offices under those sections, no provision being made in the existing
table of fees for levying copying fees on such memoranda.
(4)
Registering
officers are also personally responsible that all fees, including fees for
copies, are correctly shown in the accounts, and are properly credited in the
treasury. Copying fees must be credited
at the same time as other registration fees, each day or each month, according
to the practice of the particular office.
----------------------------------------------------------------------------------
* Note. – The table of registration fees will be found in
Appendix 1.
(5)
(a)
The Registrar/ Sub-Registrar shall cause the leaves counted and shall then
record a certificate of count on the first page of the Fees-book.
(b)
The
daily/ monthly totals of the Fees-book should be verified by the Registrar/
Sub-Registrar who shall then initial the same in token of the correctness
thereof.
(c)
When
the daily income is credited into the Treasury/ Sub-Treasury/ Bank, the entry
should be compared with the Treasury/ Sub-Treasury/ Bank receipt by the
Registrar/ Sub-Registrar who should certify that the amount has been actually
credited into the Government account.
(d)
Any
erasure/ over-writing of the entry once made in the Fees-Book is strictly
prohibited. If a mistake is discovered,
it shall be corrected by drawing the pen through the incorrect entry and
inserting the correct one in red ink about it.
Every correction so made shall be initialed, with date, by the
Registrar/ Sub-Registrar.
(e)
No
peon should ever be allowed to handle the Government money for being credited
into the Government Treasury, etc., or otherwise.
(f)
The
Registrar who has Gazetted Officers working under him, may delegate his
functions hereto any such officer.
94.
Receipt Books: (1) - Receipt books are supplied from the Registrar’s office. The forms of the three kinds of receipts are
given at the end of Appendix-II to this Manual.
Each volume of Receipt Book. A
contains 100 blank printed (vernacular) forms, and each form is divided into
three parts, viz.,---
(a)
containing
particulars for identifying the document presented for registration, and an
acknowledgement of the receipt of the prescribed registration fees – this part
is to be filled up, torn off, and given to the presenter on realization of the
fees;
(b)
containing
a brief description of the document, and an acknowledgement of its receipt for
registration – this part is the “receipt” mentioned in section 52 of the Act,
and it should be filled up, torn off, and given to the person presenting the
document, at the same time as the receipt for the fees;
(c)
the
counterfoils which remain permanently in the book.
(2)
These
receipts are to be numbered consecutively a fresh series being commenced for
each calendar year; registering officers should see that they are given in the
order in which documents are presented for registration that all prescribed
particulars are filled in, that in the place for description of property it is
stated whether such property is immovable or immovable, and, in the case of a
mortgage, whether it is with or without possession, and, lastly, that the name
of the executant, and not (as is sometimes erroneously done) the name of the
scribe, is noted in the place provided for this purpose.
(3)
When
the document is about to be returned after registration to the party who
presented it, or to such other person as he may have nominated to receive it in
the manner described in section 61 of the Act, the receipt granted under
section 52 should be taken back from him and pasted on to its proper
counterfoil in the receipt took, after noting on it the day and hour on which
the document was returned. Where the
original receipt is not forthcoming, the written acknowledgement allowed by
paragraph 147 should be pasted on to the counterfoil of the original
receipt. Receipts for documents returned
by post should be dealt with as prescribed in paragraph 149.
(4)
When
all the receipt forms in a volume have been used and re-pasted as described
above the Sub-Registrar should forward it to the Registrar of the district who
shall cause it to be carefully examined so as to see, in each case that the fees have been correctly
levied, that the document was duly stamped, and that there has been no undue
delay in returning it ; and he will take such action thereon as may seem to him
to be necessary. Thereafter, he will
retain the book in his office until sanction is given, in due course, for its
destruction.
(5)
Receipt
Book B is for receipts for all fees etc. which are paid at times other than
those on which a document is presented.
(6)
Receipt
Book C in English containing 20 pages, is for receipts to be granted by the
Registrars in acknowledgement of the receipt of fees recovered for sealed wills
deposited under section 42 of the Act.
It has been found necessary specially to prescribe this form so as to
comply with the requirements of the last sentence of paragraph 45 ante.
(7)
Before a receipt book is brought into use, the number of
forms therein shall be counted and the result recorded at a conspicuous place
in the book under the signatures of the Registrar/ Sub-Registrar. The counterfoils of the used receipt books
shall be kept in the personal custody of the Registrar/ Sub-Registrar. The Registrar who has Gazetted officers
working under him, may delegate his functions hereto any such officer.
95.
Order File: - The Order file is a paste-book, in which should be filed all
orders of a permanent kind received in the Sub-Registrar’s office, whether
emanating from the Inspector-General, or the Registrar of the district, or any
other authority. All orders of this
character should be pasted in as soon as received, and should not be allowed to
lie about in a loose condition; a list should be prepared for each year and
pasted into the order file, containing a brief description of all orders so
filed; this list should not be made up at the end of the year but written up
from time to time as orders are filed.
96.
Miscellaneous Records: -(1) - Besides the foregoing books, the offices of Sub-Registrars
should contain the following records, in addition to such others as the
Registrar of the district may direct or the Inspector-General of Registration
may from time to time prescribe,---
(a)
powers-of-attorney authenticated under
section 33 of the Act, presented by agents bringing documents for registration
(paragraph 123) – to be kept in annual bundles;
(b)
copies of decrees of court ordering
cancellation of registered documents, received under section 39 of the Specific
Relief Act, 1877 (paragraph 99); and copies of decrees of civil courts
directing registration of documents under section 77 of the Act – to be kept in
annual bundles;
(c)
copies of orders of cancellation or revision under the Punjab
Alienation of Land Act, 1900 (paragraph 100) – to be kept in annual bundles;
(d)
depositions of witnesses examined by the
registering officer (paragraph 133 and 194) – to be kept in annual bundles;
(e)
miscellaneous papers of an ephemeral
character – to be kept in bundles of convenient size until authority is given
for their destruction;
(f)
a copy (in (Urdu) of the current Table of Fees -- to be attached to a board and exhibited,
during office hours, in a public manner;
(g)
a copy each (in Urdu) of the Indian Stamp Act, 1899 and the Registration
Manual;
(h)
(i) a despatch book for all
papers issued, including registered documents returned through the post, and a
file book of postal receipts for such registered documents (see paragraph 149);
(ii)
The
despatch book will be in the following form:---
Column 1. - serial No. ;
“ 2. - date of despatch ;
“ 3. - subject of paper despatched;
“ 4. - address ;
“ 5. - signature of receiver or number and
date of postal receipt;
Note. -- When a registered deed is returned by post the registration
number and date should also be given in column 3.
(i)
a
minute book in which inspecting officer should record their remarks. The remarks should be written in English
only, but if the registering officer is unacquainted with English a translation
should be attached.
(2)
In
the circumstances referred to in paragraph 57 only one set of the records
mentioned above should be maintained for both offices.
(3)
A
mislband register in the following form should be kept in all registration
offices and all papers including so far as possible those mentioned above
should be entered in the register:---
Column 1. - file No.;
“ 2. - date of institution;
“ 3. - subject;
“ 4. - name of parties;
“ 5. - kind of deed and amount of
consideration money;
“ 6. - particulars
of the property involved;
“ 7. - date
of completion of file;
“ 8. - abstract
of order;
“ 9. - date of
destruction.
Note:--- Columns
4, 5, 6 and 8 need not be filled in case of annual files.
(4)
Each kind of file should be entered on a separate page and a
sufficient number of pages should be allotted to each kind of file to last for
several years.
97.
Files of applications or
copies:--- (1) Applications for copies of registered documents shall be kept
in an annual bundle, apart from other miscellaneous papers.
(2)
An
index shall be attached to this bundle, giving (a) serial number for the year;
(b) date of application; (c) amount of fees realized; (d) date of grant of
copy; and (e) name of applicant.
(3)
On receipt of an application for a copy spaces (a), (b), and
(e) will be filled up, and the serial number endorsed on the application; after
the copy has been given to the applicant, space (c) and (d) will be filled in
and the application filed in its proper place.
98.
Use of English Numerals:--- English
numerals should be used in all the register endorsements on deeds, receipt
books A and B and all other registration record.
Cancellation and Recopying of Registered Documents
99.
Cancellation of registered documents by orders of a Court:--- When under
the provisions of section 39 of the Specific Relief Act, 1877, any registered
document is cancelled by order of court, and a copy of the decree is sent to
the office in which it was registered, a note as to the cancellation signed by
the registering officer of the day, shall be made in red ink in the column of
remarks of the book in which the document was registered, opposite the copy of
the document, specifying the court ordering cancellation and the number and
date of its decree. All copies of
decrees received under this rule shall be filed in annual bundles.
100.
Cancellation of Mortgaged-Deeds under Land Alienation Act:--- When a
mortgage-deed is cancelled by the Deputy Commissioner under sub-section (2) of
section 9 of the Punjab Alienation of Land Act, 1900, and new deed is drawn up
in lieu thereof, the Deputy Commissioner shall send to the office, in which the
cancelled deed was registered, a copy of his order of cancellation and the
registering officer shall make a note of the cancellation in red ink in the
column of remarks opposite the copy of the document concerned.
101.
Revision of Mortgaged-Deeds under Land Alienation Act:--- In cases in
which a registered mortgage-deed is revised or altered by the Deputy
Commissioner under sub-section (1) of section 9 or where under sub-section (2)
of section 9 of the Punjab Alienation of
Land Act, 1900, a condition intended to operate by way of conditional sale is
struck out, the Deputy Commissioner shall, when returning the document to the
parties after revision, alteration or striking out, send a copy of his orders
to the office where the document was originally registered, and the registering
officer concerned shall make a note of the correction in red ink, revision or
striking out together with a reference to the Deputy Commissioner’s order in
the column of remarks, against the copy of the document concerned.
102.
Re-copying of deeds entered in the wrong books:--- When a deed
has been copied into a wrong book, it should be recopied into the proper
register and a note as to transfer made against the original entry. Care should also be taken to correct the
entries and the indexes. A mistake of this kind does not invalidate registration (section 87 of the
Act) and fresh fees should ret be levied for the re-copying.
Authentication of Register Books
103.
Authentication of Entries
in Register Books:--- Every entry made in Book 1, 3
or 4 shall be an exact counterpart of the original and shall be
carefully compared with it ; all interlineations, blanks, erasures or
alternations which appear in the original shall be shown in the copy entered in
the register. The registering office
shall satisfy himself that this has been done, verifying by his signature or
initial any corrections rendered necessary by mere errors of transcription. Such correction should in all cases be made in
red ink and never by erasure. The
registering officer shall also see that the entry has been made in the book to
which it properly belongs, that the number affixed to it is that which it ought
to bear in order to maintain the consecutive series required by section 53 of
the Act, and that the book the volume, and the page entered in the certificate
of registration are correctly stated; after which he shall authenticate the
entry by legibly affixing his signature in full, together with his official
designation, at the end of the copy of the document registered. Copies, of endorsements shall also be
initially or signed by the registering officer.
All signature; must be copied into the register books in their proper
places, whether such signatures occur in the original documents or in the
endorsement made in the registry office.
The entries in all the books prescribed by these rules shall be
authenticated daily.
104.
Errors in
Consecutive Numbering:--- When an error has been made in the
consecutive numbering of documents registered, as prescribed in section 53 of
the Act, and the error is not discovered in time to admit of its correction
before the document is given back to the presenter or the party authorized by
him to receive it, the erroneous number must be allowed to stand, and no
subsequent alternation is permitted; but a note of the error shall be made in
the proper column of the register, and signed by the registering officer.
105.
Entries in registers to be made with Permanent
Black Ink:--- It should be borne in mind that the registers are permanent record; (care should
accordingly be taken that all entries made in them are written in permanent
black ink. The use of fancy-coloured
aniline and other evanescent inks is absolutely forbidden. The same rule applies to documents filed in
Supplementary Book I, and a registering officer receiving a document to be so
filed, written with evanescent ink, should not file it, but return it to the
sender with a view to its being re-written with permanent ink.
Supply of Blank
Registers, etc.
106.
Application for Blank Books and Forms:---
|
Application for blank books and forms. --------------------------------------- Office of
Sub-Registrar of _______________________ Volume ___________________ Book being
nearly filled, volume ______________________ is required. Date
Signatures ---------------------------------- Office of Registrar Volume _____________ Book is this day
forwarded. Its receipt should be
acknowledged. Date
Signatures ---------------------------------- Office of Sub-Registrar of _______________________ Volume _____________ Book has this day been
received. Date
Signatures ---------------------------------- |
Applications should be made by
Sub-Registrars to the Registrar’s office for such blank registers and receipt
books as may be required; the application may conveniently be in the form
shown on the margin, and should be made in ample time to admit of the arrival
of the books before they are actually required. The name of the applying officer the
description of book required and (in the case of registers) the number of the
volume, should be stated in the application.
A similar procedure should be followed in applying for indexes and
other printed forms supplied from the Registrar’s office. Registering officers on receipt of register
books will, at once, make the examination and record the certificate required
by paragraph 58. |
CHAPTER V
PROCEDURE
PROCEDURE PRIOR TO ACCEPTANCE
107.
Place of presentation.--- Documents must ordinarily be presented and registered at the
registration office at the headquarters of each district or sub-district, as
the case may be but, as provided by the Act, on special cause being shown
registering officers may proceed to the private residence of any person
desiring to present a document and accept it there for registration. The
permission, however, must not be interpreted as extending to the acceptance of
documents for registration and the private residence of the registering
officer.
108.
Payment of visits and issue of
commission.--- Section 38 of the Act
exempts from personal appearance at a registration office, persons unable from
bodily infirmity to attend without risk or serious inconvenience, persons in
jail, and persons exempt by law from personal appearance in Court. In every
such case the law requires that the registering officer shall either himself go
to the house of such person, or to the jail, in which he is confined, and
examine him, or issue a commission for his examination. Whenever he issues a
commission, the Sub-Registrar should report to the Registrar the name and
position of the person to whom it was issued, and the reason why he did not
himself proceed to the spot.[3] As a rule, where the Treasury Officer is the Sub-Registrar, the Sadr
Tahisldar, or in his absence the Naib-Tahsildar, should be entrusted with the
execution of a commission; and where the Tahsildar is the Sub-Registrar, the
Naib-Tahsildar should be employed on his duty. The issue of commissions to
registration muharrir is absolutely prohibited.
109.
Allowances to commissioners.--- Paragraph 108 applied to commissions issued under section 33 and
section 38 of the Act. The person executing the commission will be entitled to
the allowances mentioned in paragraph 19. Where several instruments executed by
the same person are presented for registration together and it is necessary to
issue a commission to examine that person in respect to the execution thereof,
one commission fee only should be levied. Where also two or more persons are
examined by a person executing a commission, or by a registering officer
attending at a jail or private residence, one fee only should be levied if the persons
examined reside or at the time of examination are actually present, in the same
jail or in the same town or village. If however, the person executing a
commission, or registering officer, is obliged to visit more than one place for
the purpose of the examination a separate fee should be charged for each
journey. If a single journey is made to register documents belonging to
different executants the commission fee shall be charged from each person or
group of persons registering a document or documents but only one traveling
allowance should be charged and the amount should be distributed in equal
shares amongst those persons or group of persons and levied from them
accordingly. Traveling allowance shall in each case be charged according to the
actual distance traveled.
110.
Hours allotted to registration work to
be notified.--- Where registering officers
have other duties to perform a certain portion of each day shall be allotted
exclusive to registration work. The time so set apart shall be made generally
known and a written notice of it shall be exhibited in a conspicuous and
accessible part of the building in which the registry office is located. The
notice shall state the hours at which documents will be received and returned
daily. Similar notices shall be posted outside the offices of whole-time
registering offices. The latter should usually attend at their offices during
the ordinary hours of business fixed for the district offices.
111.
Reception of documents for
registration.--- At the hours appointed in
the notice, the registering officer shall personally receive all documents for
which registration is sought and have them examined in his own presence.
112.
Examination as to stamp – Cancellation
of court-fee stamps.--- When a document is presented
for registration the first duty of the registering officer is to examine it so
as to see that it is duly stamped; this is an obligation imposed by law, which
must take precedence of all other procedure. Special power-of-attorney for the
conduct of cases in British Courts should be stamped with court-fee labels
according to the scale in Article 10, Schedule II of the Court Fees Act, 1870;
but all other power-of-attorney including those for the conduct of cases in
foreign Courts, whether special or general, must be stamped with non-judicial
stamps according to Article 48, Schedule I-A of the Stamp Act, 1899. When a
document bearing a court-fee label is, presented for registration, the
registering officer, before returning it after registration, will cancel the
label by writing the word “registered” with this signature and the date of
registration across it.
113.
Exemption from stamp duty of
instruments to which Government.--- (1)
When an instrument executed on unstamped paper is presented for registration
and exemption from stamp duty is claimed under the general exemption in favour
of Government contained in proviso (I) to section 3 of the Stamp act, 1899, it
will be the duty of the registering officer, before accepting the instrument
for registration, to satisfy himself:---
(a)
that it was executed by, or on behalf of, or in favour of Government; and
(b)
that, but for the exemption, Government would be liable to pay the stamp
duty.
(2)
On the second point difficulty will seldom, if every, arise, distinct provisions
being made in section 29 of the Stamp Act, 1899, as to the party liable for
duty; and as to the first point, the instrument itself will ordinarily disclose
on its face whether it was executed by, or on behalf of, or in favour of
Government. Occasionally, however such instruments are drawn so as to disclose
that they have been executed by or on behalf, or in favour, not of Government,
but of an officer of Government described by name and official designation, and
in such on--- reasonable doubt may arise as to whether the officer concerned
acted in a private or public capacity, and if the latter, whether as representing,
the Government or some other public body (such as a municipal committee) not
exempted by provision (I) to section 3 of the Stamp Act, 1899. in cases of this
kind the registering officer must satisfy himself that Government is a party to
the transaction. To this end, he should, where a Government is the executant,
apply to that officer direct for the necessary information under section 88 of
the Act; and in other cases he may take evidence under the provisions of
sections 35, 36 and 66 of the Act. Should the enquiry prove satisfactory he
will accept the document for registration, (if admissible in other respects)
endorsing thereon that after enquiry he has satisfied himself that it is exempt
from stamp duty under proviso (I) to section 3 of the Stamp Act, 1899.
114.
Stamp duty chargeable on baibil wafa
deed.--- (1) The class of instruments
known as “baibil wafa” or conditional sales, must for the powers of stamp duty
be treated as mortgage deeds chargeable under clause (a) or clause (b) of
Article 40, Schedule I of the Stamp Act, 1899, according as at the time of
execution, possession of the property or any part of the property comprised in
the deed is given by the executant, as agreed to be given, or not.
(2) Deeds
of mortgage without possession containing a condition that possession will be
given if the terms of the mortgage are not complied with by the mortgagors are
chargeable with stamp duty under clause (b),
and not under clause (a) of the
Article 40, Schedule (I) of the Stamp Act, 1899.
115.
Impounding of documents not duly
stamped.--- If the registering officer
is of opinion that a document presented to him is not duly stamped, he shall
impound it under section 33 of the Stamp Act, 1899, and send it to the
Collector to be dealt with under section 40 of that Act.
116.
Examination as to jurisdiction.--- (1) When the registering
officer is satisfied that the document presented to him for registration is
duly stamped, he will examine it to see whether he has authority to register
it, and in this connection Parts V and VII of the Act should be consulted for
he purposes of jurisdiction, documents may be grouped into four classes:---
(a)
non-testamentary documents relating to immovable property, mentioned in
clauses (a) to (d) of section 17, and clauses (a)
to (c) of section 18 of the Act;
(b)
wills and authority to adopt;
(c)
copies of decrees and orders of Court;
(d)
all other documents.
(2)
Instruments of the first class may be accepted for registration by any
Sub-Registrar within whose sub-district any portion of the property concerned
is situate. Instruments of the second class may be registered in any office. A
copy of a decree or order may be registered in the office of the Sub-Registrar
in whose sub-district the decree or order was made, or (if it does not affect
immovable property) in the office of any other Sub-Registrar under the Local
Government at which all the persons claiming under the decree or order desire
the copy to be registered. A document of the fourth class may be registered
either at the office of the Sub-Registrar at the place or execution, or at the
instance of the executants and persons claiming under it, in the office of any
other Sub-Registrar under the Local Government.
117.
Jurisdiction of Registrars.--- A Registrar may accept for registration any document which might be
accepted by any Sub-Registrar subordinate to him; and the Registrar of the
Lahore District has further jurisdiction to register documents of the first
class in whatever part of Pakistan the property may be situated outside
Pakistan, whether in a Princely States or not, are registerable under clause (f) of section 18 of the Registration
Act, 1908, but a copy of the documents so registered should not be sent to the
officer concerned in a Princely State
with reference to section 66(2) of the Act as the “other Registrar” mentioned
in that section is a Registrar appointed under the Act and not a Registrar (or
a corresponding officer) appointed by a Princely State. It should be noted also
that entries of transfers of immovable property made in the registers of
cantonment authorities and municipal committees are no evidence of title, and
cannot take the place of registration under the Act. Deeds of sale of immovable
property executed by local bodies require to be registered when the value is
Rs. 100 or more.
118.
Discretional registration by
Registrars.--- Registrars should exercise
the discretion referred to in the preceding paragraph with regard to public
convenience. When the document is a will or authority to adopt, or when it
relates to a transaction in which the Sub-Registrar having jurisdiction is
pecuniarliy interested, or when it is written in English, and the Sub-Registrar
having jurisdiction is unacquainted with that language, the Registrar should
never refuse to accept it for registration, except for very cogent reasons. When
a Registrar decides that a document presented to him under section 30 of the
Act ought to be registered in the office of a Sub-Registrar, he shall return it
to the person presenting it without recording an order of refusal either on the
document or in his Book No. 2. When the Registrar of the Lahore District
registers a document under subsection (2) of section 30 of the Act, he must
carefully observe the provisions laid down in section 67 of that Act.
119.
Procedure when registering officer has
no jurisdiction.--- If the registering officer
finds he has no jurisdiction to register a document presented to him, he shall
return it to the presenter without recording any order of refusal, and inform
the presenter at what office he can obtain registration.
120.
Examination as to time.--- When the registering officer finds he has jurisdiction, he shall
examine the document to see that it has been presented within the time allowed
by Part IV of the Registration Act, 1908. Wills may be presented at any time; other
documents executed in Pakistan should ordinarily be presented within four
months from the date of execution; but the Registrar of the district may, on
urgent necessity or unavoidable accident being shown, direct documents
presented more that four months after execution to be accepted for registration
on payment of the fine prescribed in paragraph 118, provided that the delay in
presenting the document does not exceed four months. A Sub-Registrar has not
authority to register a document (other than a will) executed in Pakistan more
than four months before the date of presentation without a direction to that
erect from his Registrar, but an application for such a direction may be lodged
with the Sub-Registrar and should be sent on to the Registrar at once for orders.
Documents executed out of
121.
Examination as to unverified
interpolations, etc.--- (a) If the document is brought for registration within the time
allowed by law, the registering officer will see whether it contains any
unverified interlineations, blanks, erasures or alternations of the kind
mentioned in section 20 of the Act; and, in the case of document relating to
immovable property, whether the description of the property is sufficient for
identification. If he is not satisfied on either of these points, he may hand
the document back to the presenter for remedy of the defect. Foreign documents
should not be accepted unless accompanied by the translation and copies
required by section 21 of the Act, unless accompanied by the required copy or
copies of the map or plan.
(b)
In the town mentioned below for which a Government map has been prepared,
houses shall, for the purposes of section 21 of the Registration Act, 1908, be
described by reference to such a map; and no document affecting house property
or potential building sites in this town shall be accepted for registration
unless the property or the site has been so described in the document, and a
copy of the map showing the khasra
numbers has been attached to the application.
(
122.
Parties entitled to present for
registration.--- If the document is not open
to any of the objections set forth in paragraph 121, the registering officer,
before finally accepting it for registering, shall satisfy himself that the
person presenting it has legal authority to do so. The persons who may present
a document for registration are the following:---
(a)
in the case of al will, the testator, and, after his death, any person
claiming under it as executor or otherwise;
(b)
in the case of an authority to adopt, the donor, and, after his death the
donee or the adopted son;
(c)
in the case of a copy of a decree or order, any person claiming under the
decree or order;
(d)
in any other case, any person executing or claiming under the document;
(e)
the representative, assign or agent of any of the foregoing person.
123.
Presentation by representatives,
assigns and agents.--- (1) If the document is
presented by a representative[4] or assign, he must satisfy the registering officer of his
status; if by an agent, he must produce a power of attorney[5] authenticated in the manner prescribed in section 33 of the Act; but
care must be taken to distinguish between deed executed by agents in pursuance
of power in that behalf conferred upon them by their principals, and deeds
executed by principals presented for registration by agents empowered in that behalf.
It is not the duty of the registering officer to satisfy himself of the power
of an agent, who is the actual executant of an instrument, to execute it, i.e.,
to deal with the property forming the subject-matter of the deed. His duty is
confined to the question whether the persons purporting to have executed the
instrument have in fact done so or not. There are three possible cases:---
(a)
where the actual executant, or person claiming under the instrument,
appears;
(b)
where a representative, or an assign of such person, appears;
(c)
where an agent of either of the above persons appears.
(2) In the first case, the
office has simply to ascertain whether the person so appearing does or does not
admit execution, and his identity. In the second case, the officer has further
to satisfy himself as to the right of the representative or the assign to
appear in that capacity and to admit execution. In the third case, the officer
has simply to see whether the person appearing is an agent; duly empowered as a
prescribed by section 33 of the Act to appear and bind his principal, viz., the
executant, person claiming under the instrument, representative or assign –
with an admission of execution.
124.
Officials exe pt from appearance.--- It must be borne in mind that officers of Government, and the other
officials mentioned in section 88 of the Act, are not required to appear at
registration offices in their official capacity either in person or by agent.
Consequently, if any such officer is entitled to present a document for
registration he may transmit it to the proper registering officer by post.
PROCEDURE ON ACCEPTANCE
125.
Payment of fees on acceptances.--- When a document is accepted for registration, each party shall be
informed of the amount of fees he has to pay and, as soon as such fees are
paid, the receipt prescribed in section 52 of the Act shall be given to him. At
the time, he shall be informed at abut what hour the document will be returned
to him. If it can be returned the same day, and the hour in question shall be
written on the receipt. If the document cannot be returned the same day, he
shall be told on what date and what time he should appear to claim it, and the
date and time aforesaid shall be endorsed on the receipt but, in offices where
the system of return of documents by post is in force (paragraph 149), he shall
be given the option of having the document returned by post or of appearing in
person to claim it, the procedure necessary being clearly explained to him. If
in payment of the fees any party pays more than the exact amount due, the
excess shall be returned to him at once. The endorsement required by section 52
of the Act shall then be recorded and shall be singed by the registering
officer and the presenter.
126.
Enquiry as to execution, identity, etc.--- The registering officer shall then, with as little delay as
possible, enquire whether the document was executed by the alleged executant,
and satisfy himself as to the identity of the person appearing before him to
admit execution. In cases of alienation, he shall satisfy himself of the
identity not only of the alienor, but also of the alienee, if the latter is
present. If the presenter is the executant, or his representative, assign or
agent or if such executant, representative, assign or agent is present, the
registering officer shall make the necessary enquiry at once. He should also
required the presenter, if an agent, to produce a power of attorney authenticated
in the manner prescribed in section 33 of the Act and if a representative or
assign, to produce evidence of his status.
127.
Identification of parties.--- When the registering officer is not personally acquainted with
executants, he shall required them to produce persons to testify to their
identity who are personally known to him or to some other person whom he
personally knows or of whose identity and reliability he is otherwise fully
satisfied. Stamps-vendors and petition-writers should never be allowed to
identify executants whose deeds they have written and in any case as a rule the
registering officer should not accept person of this class as witness of
identity, nor should they have recourse to their own peons for this purpose.
Preference should be given where possible to witnesses living in the
executant’s neighbourhood and of his class of life. An interested party to a
deed should not be allowed to identify the executants of the deed.
128.
Documents to be scrutinized and
explained to executants.--- Every deed shall be
subjected to a thorough scrutiny with a view to ascertaining whether it
correctly represents the intentions of the parties and the registering officer
shall make sure that the person incurring liability knows the extent to which
his rights are affected as for instance, in regard to his share in the shamilat or as to the question of
cultivating possession. Documents executed by persons who are unable to read
shall be read out and if necessary explained to them, and the registering
officer shall ascertain that they clearly understand their purport. Documents
written in a language which the executants do not understand shall in like
manner be interpreted and explained.
129.
Recording of endorsement under section
58.--- If execution by the alleged
executant is admitted, and the registering officer is satisfied on the point of
identity, he shall record on the instrument the endorsement required by section
58 of the Act and such endorsement shall be signed by the registering officer,
the executant and all the witnesses examined; but no such endorsement is
necessary on a copy of decree or order or of a certificate sent under section
89 of the Act.
130.
Taking of thumb impressions:--- (1) Registering
officers should have the thumb-mark of any person who presents a document for
registration taken under the endorsement prescribed in section 52 of the Act
and that of any person who admits the execution of a document taken under the
endorsement prescribed by clause (a) of sub-section (1) of section 58 of the
Act. The left thumb should generally be
used by the person making the impression, unless the registering officer thinks
fit for any reason to have an impression of the right thumb taken. All impressions should be taken in the
presence of the officer registering the deed affected after the parties have
been duly identified, and he should note in the certificate prescribed under
section 60 of the Act that this was done.
When the registering officer, who has recorded the endorsement required
by section 58 of the Act, on the original deed, has to leave the station before
the deed can be copied in the appropriate book and the section 60 certificate
recorded, he should record the following certificate after the section 58
endorsement:---
“Certified that the left (or right as the case may be) hand
thumb impression of the execution has been affixed in my presence.”
The certificate should be dated and signed by the departing
registering officer. It will not then be
necessary to record any note as to thumb-impressions in the certificate
prescribed by section 60 of the Act which will be signed by the succeeding
registering officer. Instructions as to the method of taking impressions are
placed in the boxes of appliances, one box being supplied for each registration
office. The ink and other apparatus
should be purchased by Registrars and charged to registration contingencies in
the usual way. They may be obtained from
any source that may be convenient.
Printer’s ink alone should be used.
(2)
Registering officers may in their discretion relax this rule
in the case of any person who is fully literate and of good standing and take
such person’s signature only.
131.
Enquiry as to consideration.--- As prescribed by section 58 of the Act, endorsement referred to in
paragraph 129 should mentions, amongst other particulars, “any payment of money
or delivery of goods made in the presence of registering officer in reference
to the execution of the document and any admission of receipt of consideration,
in whole or in part, made in his presence in reference to such execution.”
Parties executing documents admitting the receipt of valuable consideration
should be asked by the registering officer whether they have received such
consideration, and warned of the penal consequences of a false statement. Where
registering officers suspect that there has been deliberate swindling, they
should report the circumstances to the district officer, who will take
measures, if necessary, to enforce the law.
132.
Summonses for appearance of executants
of witnesses.--- If the alleged executant or
his representative, assign or agent is not present and it is necessary to
summon such person, or any other person, whose presence or testimony is
necessary, the registering officer shall apply to the Deputy Commissioner of
the district in which the person is residing, for the issue of the necessary
summons under section 36 and 37 of the Act, provided that when the registering
officer is a Sub-Registrar and the person to be summoned resides in a tahsil of
the district in which the registering office is situate, the summons may be
sent direct to the Tahsildar of that tahsil for service. The appearance by the
executant before the registering officer must be within the time prescribed by
section 34 of the Act.
133.
Procedure when there are several
executants.--- When a document purports to
have been executed by more than one person, the process described in the
preceding paragraphs must be observe in the case of each; but it not essential
that all the alleged executants should appear before the registering officer
simultaneously; the identification and admission of as many executants as are
present should at once be recorded, and registration of the document should be
postponed until the appearance, subsequently, of the other. In such a case
single fee will be charged, and not a separate fee for each executant for
appearance.
134.
Sub-Registrars not to register
documents relating to transactions in which they are interested.--- (1) Sub-Registrars should avoid registering documents referring to transactions
in which they have a personal interest, direct or indirect. On such documents
being presented to them for registration they should forward them to the
Registrar of the district, who will deal with them under the discretion allowed
him by section 30 of the Act.
135.
Registering officers not concerned
with validity of document.--- Registering officers should
bear in mind that they are in no way concerned with the validity of documents
brought to them for registration, and that it would be wrong for them to refuse
to register on any such grounds as the following, e.g., that the executant was
dealing with property not belonging to him, or that the instrument infringed
that rights of third persons not parties to the transaction, or that the
transaction was fraudulent or opposed to public policy. These and similar
matters are for decision, if necessary, by competent Courts of law and
registering officers, as such, have nothing to do with them. If the document is
presented in a proper manner by a competent person at the proper office within
the time allowed by law and if the registering officer is satisfied that the
alleged executant is the person he represents himself to be, and if such person
admits execution, the registering officer is bound to register the document
without regard to its possible effects.
136.
What persons are to be considered to
be executors of document.--- (1) The expression “a person
executing a document” shall be held to include:---
(a)
any person who becomes surely for the payment of a loan or the
fulfillment of a contract and in that capacity affixed his signature to a
document;
(b)
any person who endorsees a negotiable document;
(c)
any person who signs a receipt or a discharge endorsed on a document;
(d)
any person who signs a document as an executant in token of his assent to
the transaction and not merely as a witness, even though he may not be
described as an executant in the body of the document.
(2)
In the case of a document purporting to be executed by an attorney or by
a guardian of a minor, or by a legal curator of an idiot or lunatic, such
attorney or guardian or curator shall be held to be a person executing the
document for the purposes of section 32, 34, 35 and 58 of the Act; but for the
purposes of section 55, the principal or minor or idiot or lunatic as well as
the attorney or guardian or curator shall be considered to be the executing
parties.
(3)
Meaning of execution.--- The legal meaning of the phrase ‘execution of
document’ is ‘signing a document as a consenting party thereto’ and the word
‘signing’ includes the affixing of a mark. Before signing a document a man is
supposed to every reasonable means of satisfying himself as to its terms and if
he signs it without due care and attention – unless his signature was obtained
by illegal compulsion or fraud – he must take the consequences, at least so far
as registration of the document is concerned. The registering officer has no
option but to accept the document as actually signed and all he can do for the
executor in such cases is to record a note of his refusal to endorse the
document.
137.
Refusal to register to be made with
caution.--- Orders refusing to register
should be made only after due care and consideration, and if the impediment to
registration is a mere informality or defect capable of remedy, opportunity
should always be given to the parties to correct the flaw in such cases
registration shall be deferred, and no final order of refusal will be made
until the document concerned becomes time-barred.
138.
Denial of receipts of consideration.--- If any person admits the execution of a document presented for
registration but denies the receipt in whole or in part, of consideration
recited therein, registration shall not be refused because of such denial, but
a note of the denial shall be made in the endorsement required by section 58.
139.
Documents not duly stamped.--- The fact that a document is not duly stamped under the Stamp act,
1899, is not of itself a sufficient reason for recording an order refusing to
register it. The property course is for the registering officer to impound the
document and sent it to the Collector, as prescribed in that Act; if the
document is received back from the Collector, cured of the defect of stamp, and
it is otherwise admissible the registering officer shall register it. It,
however, the executant of a document, who is in doubt as to the proper stamp to
be affixed, consults a registering officer on the subject before formal
presentation, the required information may be given to him without impounding
the document.
140.
When registration is admitted “qua’
some, but refused ‘qua’ other parties.--- (1) When under section 35 of the Act, registration is admitted as to
some of the parties to a document, but is effused as to the rest, the
registering officer shall endorse thereon an order in this form:---
“Registration refused as to A. B. and C. D.” and shall record the reasons for
this partial refusal in his Book 2; but in all other respect he shall proceed
with the registration of the document in the ordinary manner.
(2)
If a document of which registration was refused qua some of the executants is subsequently registered against them
under an order of the Registrar or a decree of a civil Court it is not
necessary to recopy the deed in the registration book concerned but the new
endorsement and certificate recorded on the deed should be copied under the
certificate previously copied in the book or if there is not sufficient blank
space in the book for that purpose the new endorsement and certificate should
be copied in column I of the book under the last deed copied therein on the
date of the registration. In the latter case the number of the page and volume
of the book where the copy of the deed will be found should be noted in column
3 against the new endorsement and certificate.
141.
Procedure on denial of execution.--- If the person by whom the document purports to be executed denies
its execution or if he appears to the registering officer to be minor, and
idiot or a lunatic, or if he be dead and his representation or assign denies
its execution the registering officer if a Sub-Registrar, is bound to record an
order of refusal to register. A Sub-Registrar, on any such denial, has no
authority except when specially empowered under section 35 of the act to
enquire into the fact of the execution, but a Registrar may do so either on
appeal from the order of the Sub-Registrar under section 73, or when the denial
is made before him under section 74 of the Act.
142.
Refusal to admit execution is a denial
of execution.--- Refusal to admit execution
of a document is a denial of execution within the meaning of the Act, as also
is a willful refusal or neglect to attend for the purpose of admitting
execution when a summons has been served for such purpose and when such refusal
or neglect occurs a suit will lie under section 77 of the Act, for the purpose
of having the document registered. It should be noted that there must be
something to show that there was fulfill neglect to appear or a willful evasion
of service. Mere non-appearance is not sufficient.
143.
Refund of registration fees on refusal
to register.--- In cases in which
registration is refused the registration fee received shall be refunded.
144.
Copies of reasons of refusal should be
stamped with court-fee stamps.--- The
words ‘without payment’ in section 71 of the Act must be taken as referring to
copying fees and not to the stamp, and copies of reasons for refusal should be
stamped, with court-fee stamps according to Article 9 of Schedule I of the
Court Fees Act, 1870.
PROCEDURE ON ADMISSION TO REGISTRATION
145.
Copying of
document into register:--- When a document
has been admitted to registration and the necessary endorsements have been
recorded, it should be made over to the registration muharrir to be copied into
its appropriate book, and the registering officer should see that no
unnecessary delay occurs, and that documents are always entered in the books in the order of their admission. In the first column of the register should be
entered the value of the stamp (if any) and the number of stamps used; and if
they are court-fee stamps, this should be noted. Thereafter, the several endorsements made in
the office (including the certificate of registration prescribed by section 60
of the Act), the several signatures of the registering officer, presenter,
executant and witnesses examined, shall all be copied in their proper
places. In the second column will be
noted the serial number of the entry, a brief abstract of the contents of the
document (e.g., “mortgage of agricultural land for Rs. 500, with possession”),
and the amount of fees and fines levied.
The third column will contain an exact copy of the document registered
and should show all interlineations, blanks, erasures, and alterations which
appear in the original. All such entries
must be authenticated by the registering officer daily, in the manner
prescribed in paragraph 103.
146.
Certificates of
registration:--- After the document has
been copied the certificate required by section 60 of the Act shall be endorsed
on it. It shall be signed by the
registering officer and sealed with the seal of his office. This certificate shall contain the serial
number of the entry, and the book, volume and page, wherein the document has
been registered, as well as the date of registration, which is the date on
which the instrument is copied into the register, and not the date on which it
was presented for registration. The
endorsement shall then be copied into the register as required by section 61 of
the Act.
147.
Return of registered documents by hand.--- The registering officer shall retain the registered documents in his
possession upto the time appointed for returning them, and shall then cause
each to be delivered in his own presence to the property party, the receipt
given for it under paragraph 94 being at the same time taken back. If the party
to whom the receipt was granted represents that he has lost or mislaid it the
documents may be returned to him on his written acknowledgement of its return.
The documents shall in no case, except as provided in the instructions regarding
the return of documents by post, be returned to any one but the person who
presented it for registration, or to his representative or agent, unless the
person claiming to receive it produces the original receipt with a nomination
in writing thereon as contemplated in section 61 of the Act.
148.
Documents to be promptly returned.--- The registering officer should see that documents are promptly
returned after registration to the presenters or other persons authorized to
receive them; and the accumulation in the registry office of registered
documents should be avoided as much as possible. If the document are at once
copied in the registers, and a fixed hour is appointed for their daily return,
it will generally be found that people will attend at that hour to receive
them; but if delay is allowed to take place in registration and the time at
which the document will be available for return is uncertain, the parties will
probably proceed to their homes, and will not, until summoned, call again for
their instruments, which will accumulate in the registry office. When a month
elapse after the registration of a document without the party calling to
receive it back, he should be summoned through the post by the registering
officer to come and receive it.
149.
Return of registered documents by post.--- (1) In all registration offices, however, where the convenience of
the public is likely to be served thereby, the system of returning documents
after registration through the post my be adopted, in accordance with the
following instructions.
(2)
Procedure for presenter.--- Any person presenting a document for registration and wishing to
have it returned through the post must conform to the following regulations:---
(b)
He must hand in the receipt for the document to the Sub-Registrar with
the name and address of the person to whom the document is to be forwarded plainly
endorsed thereon;
(c)
The receipt so endorsed must be accompanied by a large registration
envelope on which the applicant has inscribed the address to which the document
is to be sent. The address must be the same as that endorsed on the receipt for
the payment;
(d)
the envelope must also bear postage stamps of the value of two annas, one
to cover the postage and one in prepayment of the receipt of the addressee.
(3)
Procedure for Sub-Registrar.--- The Sub-Registrar on receiving a receipt for a document on which an
address has been endorsed shall retain it, along-with its accompanying
envelope, in his possession until the document has been copied and shall vive
to the presenter a slip stating that the document in question will be returned
by post within such and such a time.
(4)
As soon as the document has been copied the Sub-Registrar shall enclose
it in its proper envelope, and after signing the receipt had the envelope over
to the muharrir.
(5)
When the envelope has been posted the muharrir shall complete the entries
on the back of the receipt for the document, adding thereto the number and the
date of the postal receipt and shall then paste the receipt for the document on
to its proper counterfoil. He shall also enter the despatch of the document in
the despatch book mentioned in paragraph 96.
(6)
The postal receipt shall be pasted into the book provided for the
purpose, and the addressee’s acknowledgement, on arrival shall be pasted on to
the same page. Should the addressee’s acknowledgement be not received within 15
days, enquiries about it should be made from the local post office.
(7)
Sub-Registrars should apply to the Registrar for a file book to enable
the instructions contained in clause (6) to be complied with and the local
postmaster should be asked to keep a sufficient stock of large registration
envelopes in hand for sale.
150.
Control to be maintained over
muharrirs.--- Registering officers shall
maintain a vigilant control over their muharris and not place them in closer
contact with the public than is unavoidable. The receiving of document or of
money, recording of endorsements and the returning of documents shall not be
left to do whether in the presence or in the absence of the registering officer.
151.
Endorsements:--- Endorsements
shall always be written by or in the presence of the registering officer and,
except in the case of endorsements recorded under section 60 of the Act, of the
parties concerned. All endorsements on
English and on Urdu documents in Urdu, except the endorsement recorded under
sub-section (2) of section 62 of the Act, which record the endorsements
required by sections 52 and 58 of the Act with their own hands, unless they are
unavoidably prevented from so doing, in which case the reason of the inability
shall invariably be noted with the endorsements on any document thus
registered. Suitable forms for
endorsements are given in appendix IV and should be adhered to so far as the
circumstances of each case permit.
152.
Endorsements may
be written or continued on orders:--- When there is not sufficient vacant
space on the back of a document for the necessary endorsements, they may be
written or continued on a separate piece of paper attached to the document
(vide definition of “endorsement” in clause (5) of section 2 of the Act); but
in such case both the document and its rider must bear the seal and signature
of the registering officer.
153.
Endorsements in the case of authenticated
documents:--- When a document is both registered and authenticated (paragraph
79), the endorsement of authentication under section 33 of the Act should be
recorded on it in addition to the ordinary endorsements required under sections
52, 58 and 60, but only the letter endorsements should be copied in Book 4, the
particulars required by paragraph 78 being entered in Book 6. A certificate under section 60 of the Act is
not required on a power-of-attorney authenticated under section 33 of that Act,
but a certificate of authentication showing the number of entry, page and
volume of Book VI should be recorded on such powers in the form prescribed in
paragraph (19) of appendix IV to the Registration Manual.
Memoranda of
Documents
154.
Memorandum of documents, how
to be prepared:--- (1) The memoranda
of documents registered, required to be made under sections 64, 65, 66 and 67
of the Act, shall be prepared upon printed forms, containing the following
headings:---
(1)
date
of execution;
(2)
name
and addition of executant;
(3)
name
and addition of person in whose favour executed;
(4)
nature
and value of transaction;
(5)
description
of immovable property concerned;
(6)
particulars
of registration.
(2) The
“addition” of the persons concerned to be entered under headings (2) and (3) is
the “addition” as defined in section 2 of the Act, and the word is to have the
same meaning when similarly used throughout this Manual. Under heading (4) the transaction should be
described briefly, as “sale of agricultural land,” or as the case may be. The description of the property under heading
(5) should contain, as nearly as possible, the particulars mentioned in section
21 of the Act, and should always be sufficient for its identification; and only
that portion of the property which is situated in the sub-district to which the
memorandum is sent should be entered. Under heading (6) should be shown the date and
office of registration, the registry number, and the book, volume and page
where it has been registered.
155.
Urdu memoranda to
be sent to native officers:--- When a Registrar receives a copy,
under section 65, 66 or 67 of the Act of an English document which requires
that memoranda should be forwarded to Sub-Registrars who do not understand
English, the memoranda shall be prepared in Urdu.
156.
Sending of memoranda to be noted in Book 1:--- (1) When
a Sub-Registrar registers a document relating to immovable property, not wholly
situate in his own sub-district he shall note in his Book 1, opposite the
entry, in the column provided for remarks the date on which he sends memoranda
or copies thereof, under section 64 or 65 of the Act (as the case may be), to
the other registering officers concerned.
(2)
Similarly,
when a Registrar registers documents relating to immovable property, he shall
note in his Book 1, opposite the entry, in the column provided for remarks, the
date on which he sends memoranda or copies thereof, under section 66 or 67 of
the Act (as the case may be), to the registering officers concerned.
(3)
Lastly
when a Registrar receives a copy of a document relating to immovable property
under section 65 or 66 or 67 of the Act (as the case may be), he shall, when
filing it in his supplementary Book I,
endorse on such copy of the date on which he sends memoranda thereof to the
Sub-Registrars concerned.
(4)
Registering officers should see that there is no unnecessary
delay in sending memoranda or copies under this rule to the other registering
officer concerned, and should take severe notice of any neglect or delay on the
part of registration muharrirs in the matter.
157.
Memoranda sent to
the United Provinces:--- When sending copies of documents
registered by them, under sections 65, 66 and 67 of the Act to the Registrars
of districts in the United Provinces of
158.
Memoranda of
alienations of agricultural land:--- All
registering officers shall cause their muharrirs to enter up a memorandum of
every alienation of agricultural land and of land assessed to land revenue
within the limits of towns and cities, registered before them including
hypothecations without transfer of possession but excluding cases in which the
mortgage money on an existing mortgage has been merely increased
(izadi-izarahn). The memorandum shall be
written up immediately after the deed admitted to registration has been copied
into Book I, and shall be attested by the registering officer. A similar memorandum shall be prepared in
regard to every document of which a memorandum or a copy has been received
under sections 64 and 66 and section 67 respectively of the Act, as soon as the
memorandum or the copy has been filed in Supplementary Book I. At the close of each month all memoranda,
prepared under this paragraph during the month, shall together with an invoice,
be despatched to the month, shall, together with an invoice, be despatched to
the Tehsildar of the tehsil in which the land registered in situate. A note shall at the same time be made in the
remarks column of Index II against each deed relating to agricultural land that
necessary memorandum has been prepared and sent to the Tehsildar
concerned. A Sub-Registrar, before whom
no alienation’s of agricultural land have been attested for registration during
the month, should send a blank invoice for the information of the Tehsildar of
the tehsil in which the Sub-Registrar’s office lies. Forms of the memorandum an invoice will be
found in appendix III.
159.
Re-registration of a document may take
place in the following three cases.---
(a)
Re-registration for error of
description.--- The first is where a deed is
altered, after registration, by consent of parties to correct an error of
description and in furtherance of their original intention. Such alteration, in
effect, makes the document a new one different from the one already registered;
and if it is a document covered by section 17 of the Act, registration becomes
obligatory. Another mode of correcting such a misdescription is to draw up a
supplementary document reciting the error in the former one and the correction
now intended to be made and to register this document also. Such supplementary
document will however have to be treated in every respect in the same way as
the original, and will be liable to the same fees. Moreover, it should be
properly stamped; and unless section 4 of the Stamp Act, 1899, operates to
reduce the stamp duty, it will generally be found preferable to draw up an
entirely new instrument and have it registered.
(b)
Re-registration when a document has
been executed by several persons at different times.--- In the second place a document may have to be registered more than once
when it purports to be executed by several persons, but a the time of first
registration had in fact been executed by some only of those persons. If after
registration, the other persons also execute the document, it must be
registered afresh, but in the latter case, limitation will run under the
proviso to section 23 of the Act not from the date of the document, but from
the date of the last execution;
(c)
In the third place it may be necessary to re-register a document which
was presented at the time of its first registration by a person not duly
empowered to present it. In such a case any person claiming under the document
may present it for registration as provided in section 23-A of the Act.
160.
Procedure on re-registration.--- Whenever a document is re-registered, it will be treated in all
respects as if it were an entirely new document, and must be copied in its
altered form in the proper register and the full fees levied. If there is not
sufficient room on the back of the document for the new set of endorsements
required, owing to its being already occupied with the endorsement recorded at
the first registration, they may be written or continued on a separate piece of
paper, as provided for in paragraph 152.
SPECIAL REGISTRATION UNDER SECTION 89
161.
Effect of provisions of section 89.--- (1) The provisions of section 89 of the Act have the following
effect:---
(a)
they render obligatory the registration of all documents of the classes
mentioned therein without regard to value;
(b)
the obligation to register is imposed upon the officer granting the loan,
or the Court or officer granting the certificate (as the case may be) and not
upon the person to whom the loan or certificate has been granted, or the person
claiming thereunder;
(c)
a particular mode of registration is prescribed; the revenue officer is
to send a copy of his order, or of the instrument securing repayment of the
loan, to the registering officer having jurisdiction; and in similar manner,
the Court or officer is to send the registering officer a copy of his
certificate; the registering officer will then file such copy in his
supplementary Book I – and this is sufficient registration for all legal
purpose.
(2) Though the law requires
that documents of the kinds in question shall be registered by revenue officers
or Courts, and not by the parties, there is nothing to prevent the holder of
such a document, or any person claiming thereunder, from taking it within four
months from its date, to a registering officer having jurisdiction, for
registration in the usual way, irrespective of any separate registration
effected by the revenue officer or Court [as the case may be]; but every such
second registration is entirely voluntary, and in all such cases the
registration is to be treated as optional (fees being regulated accordingly),
and classed as such in the periodical returns.
APPEALS TO THE REGISTRAR
162.
Procedure on appeal.--- (1) When application is made to a Registrar to reverse the order of
a Sub-Registrar refusing to admit a document to registration, the Registrar
should examine it so as to see, first, whether it was made within time (i.e., 30 days after the date of the
order), and, secondly, whether it was of the nature of an appeal under section
72 or an application under section 73 of the Act.
(2)
If the application is brought within time, and is of the nature of an
appeal under section 72 of the Act, the Registrar shall pass such order thereon
as seems to him property under the circumstances. If it is made within time, and
is of the nature of an application under section 73 of the Act (i.e., an application to establish a
right to have a document registered which the Sub-Registrar has refused to
register on account of denial or execution) the Registrar must make the
enquiries prescribed in section 74 of the Act, and pass an order accordingly.
This is an obligation imposed upon him by law which he is not at liberty to
evade by referring the applicant to a civil Court.
(3)
When the Registrar after enquiry, directs registration of the document,
he should inform the Sub-Registrar concerned thereof. The order directing
registration should be endorsed on the document, thus – “Registration Ordered,”
and the document should then be handed back to the applicant with a view to his
presenting it for registration at the proper office within the time allowed by
law.
APPLICATIONS FOR COPIES
163.
Procedure on receipt of application
for copies.--- (1) On an application for a
copy of registered document being received the muharrir should be called upon
to see whether there was such a document registered on the date given in the
application. If there was, the muharrir should at once ascertain the amount of
copying fee realizable and report to the registering officer, who will collect
the fee and credit it in his account that day.
(2)
If the document is not found on the date specified, or if the particulars
referred to in the first proviso to Article II of the Table of Fees given in
Appendix I are not stated in the application, the applicant should be called on
to deposit a search fee of rupee one which should be credited at once, and
directed to await the result of the search. If the search through the index
register extends beyond a year’s entries the fee to be levied will be according
to Article II of Appendix I.
(3)
When the document is discovered, the mugarrir should at once report the
amount of copying fee to the registering officer, who will call upon the
applicant to deposit this fee.
(4)
If the copy cannot be completed on the date on which the application is
made, the registering officer on realizing the fees should intimate to the
applicant a specific date on which he should attend and receive his copy.
CHAPTER VI
PERIODICAL RETURNS
MONTHLY
164.
Monthly returns of Sub-Registrars:--- (1) Every Sub-Registrar shall submit
to the Registrar of his district the following monthly returns, which should
reach the Registrar’s office not later than the second day of the month
following that to which they appertain:---
Return No. I, an abstract statement showing the transactions of the
month;
Return No. II, a statement showing the income and expenditure of the month;
Return No. III, a detailed daily record
of transactions;
Commission bill.
(2)
Returns
Nos. I, II and III shall be prepared in the vernacular on printed forms to be
supplied by the office of the Registrar; the commission bill may be in either
English or the vernacular, according to whether the rendering officer is a
European or Indian.
(3)
The orders in paragraphs 83, 92 and 96, prescribing the
maintenance of only one set of registers, books and files where the
Sub-Registrar and joint Sub-Registrar are located in the same building and use
the same muharrir do not apply to the returns referred to above which must be
prepared separately for Sub-Registrars and joint-Sub-Registrars.
165.
Return No. 1:--- Return No.1
will contain the heading given in form A, appendix II, and will exhibit in an
abstract form the business done during the month. The necessary particulars for columns 2 to 19
will be obtained merely by transferring thereto the monthly (red ink) totals of
the fees book. Columns 8, 9, 10 and 14,
which relate to the procedure of Registrars only, will, of course, be left
blank in the Sub-Registrar’s return. In
column 20 will be entered the number of copies and memoranda received during
the month under sections 64 to 67 and 89 of the Act, and filed in Supplementary
Book I; but it should not include copies of plans and maps filed under section
21(c), not the translations and copies of documents in foreign languages field
under section 19 of the Act. Column 21
will show the number of refusals to register (if any) made during the
month. In column 22 will be entered the
number of registered documents remaining undelivered at the close of the month;
and Sub-Registrars should always check this entry by comparison with the
documents themselves. A note of any
travelling allowance levied for visits paid or commissions issued during the
month, under Article V of the table of fees, should be made at the foot of the return. It is not necessary for Sub-Registrars to
retain office copies of this return.
166.
Return No. II:--- Return No.
II will contain the headings given in form B, appendix II, and will exhibit, in
juxtaposition, the income and expenditure of the office for the month. The total in column 3 should correspond with
that in column 19 of Return No. I. Column 6 as sub-divided will show pay and
percentage drawn by the Sub-Registrar in the establishment pay bill and
commission bill respectively, to be described hereafter; as well as the share
of fees (if any) levied under Article V of the Table of Fees and paid to the
person by whom a commission issued under section 33 of 38 of the Act is
executed, as provided in paragraph 19; and column 7 will show the pay of the office
establishment. Column 9 for
contingencies will be blank in the case of Sub-Registrars who are remunerated
by a percentage of the fees collected;
and in the case of offices presided over by a Tehsildar or Naib-Tehsildar, the
only entry in this column will be the annual advance for contingencies made in
the month of April under paragraph 38. A
copy of this return should be retained for record in the Sub-Registrar’s
office.
167.
Return No. III:--- Return No.
III will contain the headings given in form C, appendix II, and will form a
detailed register of the transactions of the office, one line being given to
each transaction. It must be written up
daily, and such work should on no account be allowed to fall into arrears; the
return so written up will remain as a record of the office and a copy of it
will be sent at the end of the month, with the other returns, to the Registrar
of the district. This is a very
important return, and great care must be taken in its preparation. By means of it the Registrar is enabled to a
great extent to exercise the superintendence and control vested in him by
section 68 of the Act and to maintain uniformity and correctness of procedure
throughout the district. Instructions
for its preparation are therefore given below in some detail.
168.
Transactions to be recorded in return No. III:--- The
transactions to be recorded in return No. III are the following:---
(a) registration of documents in Books 1, 3
and 4;
(b) filing copies and memoranda received
from other offices under section 64 to 67 and 89 of the Act, in Supplementary
Book 1;
(c) refusal to register, recorded in Book
2;
(d) authentication of powers of attorney
under section 33 of the Act, recorded in Book 6;
(e) searches and grants of copies under
section 57 of the Act.
169.
Particulars entered in return No. III when a
document is registered:--- When a document is registered, the
following particulars will be entered in return No. III:---
Col. 2—date
on which the document was executed;
Col. 3—date
on which it was presented for
registration;
Col. 4—date on which it was registered –and here it must be borne
in mind that the date of registration is not necessarily the same as the date
of presentation; the date to be entered in this column is the date given to the certificate of registration,--vide
section 60 of the Act which should be the date on which the document is copied
into the register;
Col. 5—date on which the document was returned after
registration—and note that when the document is not returned in the same month
in which it is registered this column must remain blank in the copy of the
return which is sent to the Register, but
when the document is at length returned, the date of return should be
entered in its proper place in the office copy, and a note of such return,
showing book, serial no., and date of return, should be entered on the back of
the Registers copy of the current month’s return;
Col. 6—serial
number of the register;
Col. 7 -–nature
of the document—this should be a transcript of the entry in column 2 of the
register, and should briefly describe the document, example, e.g., “conveyance
of a house,” “mortgage”, of agricultural land with possession”, “will”, “bond”, & c., & c. in the case of a
sale or mortgage of land, it should be stated whether the land is agricultural
or non-agricultural, and if the instrument deals with property of both kinds,
is should be classified, “agricultural”, but in the abstract (to be hereafter
described) the value of the agricultural property sold or pledged should be
shown separately from the non-agricultural.
Property where these values can be so distinguished; in the case of a
mortgage, it should be stated whether it was with or without possession; a
power of attorney should always be described sufficiently to admit of the
scrutinizing officer seeing that the instrument was properly stamped; a
document should never be described in this column merely as an “agreement”, a
description to vague to be of any use, but the nature of the agreement should
be briefly stated;
Col. 8—amount
of consideration set forth in the document;
Col. 9—stamp
(if any) on the document-not only should the value be shown, but in a case
where more than one stamp has been used, the number of such stamps, and where
the stamps is ajudicial (court fee) one, as, for instance, on a power of
attorney for the conduct of a case in court, this fact should also be noted; if
a document, ordinarily requiring a stamp, is admitted on plain paper, the reson
for its exemption from stamp duty should be stated;
Col. 10—registration
fee levied under article I of the table of fees;
Col. 11—fee
for filing a translation (where the document is in foreign language) levied
under article VI ;
Col.13—fees levied under
article V (if any), for domiciliary visits or commissions issued;
Col. 16—copying fees levied under article III.
170.
When a copy or memorandum is filed:--- When a copy
or memorandum received from another office under sections 64 to 67 and 89 of
the Act is filed in supplementary Book I, the following particulars will be
entered in return No. III:---
Col.1—number
of book (i.e. supplementary Book 1).
Col.2—date
of execution of document of which a copy or memorandum has been filed;
Col.3—date of receipt of copy or
memorandum;
Col.4—date of filing in supplementary
Book I;
Col.6—serial number;
Col.7—nature of document;
Col.8—amount of consideration.
171.
When registration is refused:--- When the
Sub-Registrar refuses to register documents, and records his reasons in Book 2,
the following particulars will be entered in return No. III:---
Col. 1—number
of Book (i.e. 2, );
Col. 2—date
of execution of document;
Col. 3—date
of presentation;
Col. 4—date
of refusal;
Col. 5—date
of return of document;
Col. 6—serial
number;
Col. 7—nature
of document;
Col. 8—amount
of consideration.
Col. 17—reasons (briefly stated) for refusing to register.
172.
When a power of attorney is authenticated:--- When a power
of attorney is authenticated by a Sub-Registrar under clause (a) of sub-section
(1) of section 33 of the Act, the following particulars will be entered in
return No. III;---
Col. 1—number of book(i.e., 6);
Col. 4 – date of
authenticating;
Col. 6—serial number;
Col. 7—description of power
(i.e., general or special);
Col. 10 and 15—fee levied
under article VIII of appendix I.*
173.
In cases of searches and grant of copies:--- In the case of a search and grant of a copy under
section 57 of the Act, the following particulars will be entered in return No.
III;---
Col. 2—date of execution of
document of which copy is granted;
Col.3 – date of application
for search or copy;
Col. 4—date of search;
Col. 5 – date of grant of
copy;
Col. 9 – stamp on copy
granted;
174.
Abstract of return No. III:--- Return No. III will be accompanied by
a monthly abstract prepared according to form D, appendix II, in the
preparation of which care must be taken to distinguish in the case of
registrations in Book 1, between compulsory, and optional registrations, and in
the case of sales and mortgages, between
agricultural land and other immovable properly ; also that the figures given in
this abstract not only correspond with the details of return No. III, but with
the statistics given in return No. 1. The figures for the column headed “value
of transactions” should be worked-out with care.
175.
Monthly returns to be prepared according to month of
account:--- The monthly returns described above
will be prepared, not according to the calendar month, but according to the
month of account. Thus the accounts for January must be closed on the 27th
of that month, the accounts for February on the 25th , those for
March on the 31st, and those for the remaining months of the year on
the 27th day of the month : the returns for February will therefore
compromise the transactions occurring between the 28th January and
25th February (both days inclusive) those for March will include the
transactions from 26th February to 31st March, those for
April from 1st to 27th of that month , those for May from
28th April to 27th May, and soon . By this expedient the
total collections of registration and other fees shown in the monthly return
should correspond with the cash credits under this head in the monthly treasury
accounts.
176.
Sub-Registrar’s commission bill:--- In addition to these
returns, each sub-Registrar will submit to the Registrar of his district a
monthly commission bill. i.e., a bill for the amount payable to the registering
officer according to the prescribed rates given in paragraphs 15 and 16. The form of this bill will vary according to
the locality and the mode of calculating the registration allowances; but the
example given in form E, appendix II, will be found sufficient mutatis mutandis for practice. Sub-Registrars need not keep office copies of
these bills.
177.
Scruting of Sub-Registrar’s returns in Registrar’s
offices:--- When the Registrar of the district
receives the monthly returns of his Sub-Registrars as described above, he will,
with the aid of his muharrir, carefully examine them to see that they have been
correctly prepared that the figures in the several returns are not discordant
that the amount returned as income from fees, etc. correspond with the treasury
credits and find the proper amount has been drawn in the commission bill. He will especially scrutinize return No. III,
and issue to the sub-Registrars concerned such orders in regard to faulty
procedure or otherwise as this scrutiny may suggest, noting the purport of such
orders, and any other remarks that occur to him either in column 18 of the
statement opposite the entry concerned, or on the back, or on a separate piece
of paper attached.
178.
Return No. III in Registrar’s Office:--- (1) Return
No. III will be written up from day to day in the Registrar’s office in the
manner prescribed in paragraph 167 for Sub-Registrars and the detailed instructions
given in paragraph 168 to 174 with the following modifications and additions,
are applicable to its preparation:---
(a)
when a document is registered in Book 1 or 3, or 4, the additional fee ,
if any, levied under Article IV of appendix 1 will be entered in column
10, as well as the ordinary fee under Article I;
(b)
when a sealed will be deposited under section 43 of the Act, the
following particulars will be entered:---
Col. 1—number
of Book (i.e., 5);
Col. 3—date of presentation;
Col. 4—date of deposit.
Col. 6—serial number of
entry;
Col. 7—nature of
document (i.e., sealed bill);
Col. 10 & 15—fees
levied under Article VI of Appendix I.
(c)
when a deposited bill is withdrawn under section 44 of the Act, the following
particulars will be entered:---
Col. 1—number of
Book(i.e., 5);
Col.
3—date of application for withdrawal;
Col.
4—date of original deposit;
Col.
5—date of return;
Col.
6—serial number of entry;
Col.
7—nature of document ( i.e., deposited bill);
Col. 10
& 15—fees levied under Article VI of Appendix I.
(d)
when a sealed bill is opened under Section 45 or 46 of the Act the
following particulars will be entered:---
Col. 1—numberof Book (i.e. 5);
Col. 2—date of
bill;
Col.
3—date of application to open the envelop containing the bill;
Col. 4—dateof opening of the
envelop containig the bill;
Col.
5—serial number of entry;
Col.7—nature
of document i.e. opened bill;
Col.10
& 15—fees levied under Article VI of Appendix I;
(e)
when an opened bill is copied into Book 3, the following particulars will
be entered:---
Col.
1—number of Book (i.e., 3);
Col. 2—date
of bill;
Col. 4—date of copying into
Book 3;
Col. 6—serial number of entry
in Book 3;
Col. 7—nature of document
(i.e. opened bill);
Col. 16—copying
fee;
(f)
when copy of an opened bill is guaranteed on application, the particulars
given in paragraph 173 will be entered.
(2)
The
return thus prepared will remain as an office record.
179.
District
commission Bill:--- The Commission bill of the district which will be presented for
payment at the treasury will be prepared in the form F of Appendix II. In this bill the amount charged in the
commission bills of Sub-Registrars will be entered, the name of each officer
for whom commission is drawn is being shown separately with the amount drawn
for him. Service fund deductions, if
any, should be entered in the column provided for this purpose; the total
entered at the foot of the bill should be the net amount after making these
deductions. No copy of this bill need be
retained for record in the Registrar’s office.
180.
Monthly returns of
Registrars:--- Every Registrar should submit in English to the office of the
Inspector-General of Registration a monthly statement of receipts under the
head “IX—Registration.” This statement
should be submitted not later than the eighth day of the month following that
of to which it relates.
181.
Statement of
receipts:--- It should be borne in mind in that paragraph 2 of Punjab
Government, Financial Department, Resolution No. 299, dated the 5th
February, 1876, the duty of the collecting officer is duly claimed, and that
all realizations are duly credited,” and
that of the controlling authority, “to check and supervise the proceedings of
officers primarily responsible, and to see that the amounts reported as
collected have been duly credited in the accounts.” Registrars can best perform the duty thus
imposed on them as “collecting officers,” by examining the monthly return No.
III submitted by Sub-Registrars, with a view to seeing that the full amount of
fees, etc., has been levied on each transaction, and by comparing the total of
such fees, etc., with the treasury accounts.
The stamp duty leviable on all such transactions should also engage the
Registrar’s attention. The statement of
receipts has been prescribed for the purpose of enabling the Inspector-General
to perform, in part, the duty of “Controlling authority”, over registration
income imposed on him by the resolution.
It enables him to watch the receipts, and to compare them not only with
those of the corresponding periods of the previous year, but also with budget
anticipations.
182.
District returns to accord with each other and
with treasury accounts and causes of fluctuations of business to be noted:--- The
Registrar should especially see that the total income of the district for the
month under report, as entered in his statement of receipts corresponds with
the total registration income credited in the treasury accounts. If all the registry offices of the district
are situate at places where there is a Government treasury and the daily
collections of fee, & c., are paid into it according to the standing orders
of Government, there cannot be any discrepancy of the accounts have been
correctly prepared. But in cases where a
registration office is at a distance from the sadar of or a tehsil, and the
collections of the month are transmitted to the nearest treasury by the
registering officer in a lump sum if it may some times happen that such amounts
are not received at the treasury in time for inclusion is in the accounts of
the current month : this should never happen in the month of March, and with
proper care should very rarely occur at other times, but in the event of its
happening the entire statistics of the office in question should with a view to
preventing a disagreement between the accounts of the Registration Department
and the treasury, be omitted from the current months, accounts, and explanatory
note being made in the column for remarks; the following months return will
therefore contain the statistics of two months for the offices in question, but
each should be shown separately, thus:---
Sub-Registrar,
Nadaun ...December,
1909
Ditto ditto ...January, 1910
183.
Annual statistical statements:--- (1) Five statistical statements have been prescribed by
the Government of India, for submission by the Inspector-General with his
annual report on the administration of the department and the forms of these
statements will be found in appendix 11.
They are to be prepared according to the financial year and will be
compiled from returns furnished by the Registrars. Bank printed forms of each of the statements
in English and in Hindi/Punjabi will be supplied by the Controller of Printing
and Stationary, Punjab Chandigarh, before the close of the financial year to
each Registrar, who will retain the two English forms for his own office and
distribute the forms in Hindi/Punjabi to the Sub-Registrars in his district, at
the rate of two forms to each Sub-Registrar.
After the close of the financial years each Sub-Registrar will collect
necessary information and fill in the columns of the blank statements. He will send one set of statements to the
Registrar of the district, so as to reach him not later than the 15th
April every year, and the other set will be retained in his office as a part of
his record.
(2)
Each
Registrar will, in like manner, fill into the English forms the statistics of
his own office, and thereafter transcribe into them, proper order, the figures
furnished by Sub-Registrars and make a total for the whole district; all these
figures are to be written with black ink. For purposes of comparison the
corresponding figures of totals for the previous year will be added in red ink
at the foot of the statements. Every
third year when the triennial report described in the following paragraph is
submitted the corresponding figures of totals of each of the preceding two
years will be given at foot of the statements. Registrars should be careful to
check these annual returns by the monthly ones, to see that the figures in the
former exactly coincide with the aggregate of those of the latter: also that
the red ink figures exactly correspond with the statistics given in the
previous year, or years, as the case may be, and all discrepancies should be
fully explained. In attention to these
matters will only lead to unnecessary delay, trouble and correspondence. One set of the English forms will remain in
the Registrar’s office, the other set should be despatched so as to reach the
office of the Inspector-General not later than the 1st of May.
184.
Triennial report and annual note:--- (1)
The annual statements which Registrars are required to submit should be
accompanied every third year by a report prepared for the Financial year,
reviewing in a clear, concise and narrative form the operations of the
triennium, commenting on or explaining any noticeable details in each statement
in turn, and containing such further remarks as the statistics, or the
Registrar’s inspections during the triennium may suggest. To facilitate the preparation of the report
Registrars will be furnished along with annual circular of instructions issued
by the Inspector-General, with printed subject sheets indicating the special
heads under which the Registrar’s remarks and criticisms are more particularly
invited.
(2)
Under
the orders of the Government of India the length of the provincial triennial
report is limited to eight pages, and it will, therefore, be necessary for
Registrars to keep their reports within proportionately circumscribed limits,
the insertion of statements of figures in the body of the report being, so far
as possible, avoided.
(3)
For the years intervening between the triennial reports only
a brief note, prepared according to Financial year, should accompany the annual
statements. These notes should be
prepared in narrative forms each statement being taken in turns, and any
remarkable variations exhibited by the figures in them being noticed. This done, any noteworthy features of the
year’s administration should be added in a final paragraph.
CHAPTER VII
MISCELLANEOUS
Languages
185.
Languages.--- With reference to section 19 of the Act, it has been declared that
the languages deemed to be commonly in use in the Punjab and its dependencies
are English and Urdu; but documents presented for registering may be written in
any language. In case, however, of the language being other than Urdu, they
must be accompanied by a true Urdu translation, and also by a true copy;
provided that document written in English need not be accompanied by
translations or copies when presented at the office of a Registrar, of a
Sub-Registrar when he and his muharrir know English or when the registering
officer is an European officer.
186.
Translation.--- In all English endorsements and entries, proper oriental names of
places shall be spelled according to the “modified Jonesian system” prescribed
in Punjab Government Circular No. 64, dated 3rd October 1873,
published in the Punjab Government Gazette of 9th idem. Provided that where the
spelling of any place had been authoritatively fixed by Government, that
authorized spelling shall be followed. The same rule applies to the spelling of
proper names of persons subject to the qualifications laid down on Punjab
Government Circular No. 3, dated 18th June 1906, where it is stated that the
main principle to be observed in such transliterations is that each name should
be spelt as commonly written and pronounced by an educated Pakistani and
detailed instruments as to the method to e followed are given.
187.
Territorial
divisions:--- The territorial divisions to
be recognised under section 21 of the Act are usually the “district” and the
“tehsil” as existing for revenue purposes.
But in some cases a cantonment or a portion of a tehsil may constitute a
division. A list of the divisions as
they stood on the 1st October, 1929 will be found in appendix
V. The name of the division shall be
entered in all documents relating to houses (other than those situate in towns)
and lands, in addition to the name of the village and the boundaries of the
property.
188.
Fines for delay in presenting or in
appearance.--- (1) Fines for delay in
presenting documents for registration shall be levied, under section 25 of the
Act according to the following scale. No registration fees shall be levied in
addition to these fines:---
|
Where the
delay has not been more than one month. |
An amount
equal to twice the prescribed registration fee; |
|
Where the
delay has been more than one month but not more than two. |
An amount
to equal to three times the prescribed registration fee; |
|
Where the
delay has been more than two months, but not more than three. |
An amount
equal to six times the prescribed registration fee; |
|
Where the
delay has been more than three months. |
An amount
equal to ten times the prescribed registration fee. |
(2)
Additional fines for delay in appearance shall be levied, under the
proviso to section 34 of the Act, according to the same scale,---
Provided that when the delay in presentation, or when the delay in
appearance, has been occasioned by the necessity of obtaining any order of a
Deputy Commissioner under section 3, 9 or 15 of the Punjab Alienation of Land
Act, 1900, and has not been due to any default on the part of persons desiring
registration, the fine levied under 25, or the additional fine levied under
section 34 of the Act, shall be an amount only nominally in excess of the
prescribed registration fee.
(3)
When a document has been executed by more than one person and such
persons appear before the registering officer on different dates the amount of
fine recovered under section 34 of the Act shall be according to the delay in
the appearance of the executant who appears last and only one fine shall be
recovered in such a case. (See paragraph
53 ante).
189.
When a fine should be levied for delay
in appearance.--- (1) When a document has been
presented under section 23 of the Act, i.e.,
within four months from the date of its execution – the presenter must take
action under section 36 of the Act to secure the presence of the executant
before the lapse of the full period of four months. At the end of the four
months the case should be reported to the Registrar who may under section 34 of
the Act, allow the deed to be registered up to a date not more than eight
months from the date of execution subject to the payment of a fine. If the executant
appears within eight months the deed should be registered but otherwise not. If,
however, a document has been presented under section 25 o the Act, that is, if
the Registrar has on payment of a fine permitted its presentation up to eight months,
then the executant must appear within eight months, or the presenter must
within the period of eight months, take action under section 36 of the Act to
secure his appearance. On the expiration of the eight months from the date of
execution the Sub-Registrar must report the case to the Registrar who may order
under section 34 of the Act, that on payment of the fine the deed may be
registered up to twelve months from the date of execution.
(2)
The period on which the amount of the fine under section 34 of the Act
will be calculated will, in the former case, be from the beginning of the fifth
month and in the latter case from the beginning of the ninth month up to the
appearance of the executant.
190.
Remission of fines.--- Applications to the Inspector-General for remission in whole or in
part, under section 70 of the Act, of any fine levied in accordance with the
foregoing rules shall be in writing, and shall be forwarded by the Registrar of
the district who shall record his opinion thereon. No such application shall be
received or forwarded unless the document has been registered, and the fine or
fines paid.
191.
Refunds of registration and copying
fees.--- The Local Government has
delegated to Registrars power to sanction refunds of registration and copying
fees on account of excess collections and refunds rendered necessary by an
order which Registrars are themselves competent to pass,---
Provided that sanction shall not be granted when a period of three years
has elapsed since the deposit of the fees or when the document has been
destroyed under section 85 of the Act.
Such refunds no longer require the countersignature of the
Inspector-General of the Registration.
Prosecutions
192.
Reports of prosecutions:--- Full reports
of all prosecutions instituted under Part XIV of the Act shall be made to the
Inspector-General as soon as possible after decision, and shall be accompanied
by a copy of the judgement of the court.
Oaths
193.
Oaths to be
administered cautiously:--- The discretion vested in registering
officers by section 63 of the Act, should be used with reserve, and oaths
should be administered only in exceptional cases. For the purposes of this section an oath
includes an affirmation under section 6 of the Indian Oaths Act, 1873.
194.
Statements on oath
how to be recorded:--- Statements made on oath under section 63 of the Act, shall not be
recorded on the document to which they relate, but on separate sheets of paper,
which shall be filed in the office. A
note, however, to the effect that recorded evidence has been taken, shall in
such case be endorsed on the document, and entered in the book in which it is
registered, in the column provided for copies of endorsements.
Holidays
195.
Holidays:--- The holidays to be observed in registration offices
shall be those authorized by the High Court for civil courts of the province
with the exception of the autumn vacation; but it shall be optional with registering
officers to keep their office open during all or any of them, as they may think
fit.
Seals
196.
Use of seals:--- Every Registrar and Sub-Registrar is provided with a seal, as
required by section 15 of the Act bearing an inscription in English and Urdu of
the authorized designation of his office.
This seal shall always remain in the personal custody of the registering
officer, and shall be used for the authentication of the following documents:---
(a) all powers of attorney attested under
sub-section (1) of section 33;
(b) all commissions issued under sections
33 and 38;
(c) all applications for the issue of
summons to witnesses under section 36;
(d) all copies of entries in register books
and indexes granted under section 57;
(e) all certificates of registration made
under section 60;
(f) all copies of reasons for refusal to
register granted under section 71 or 76;
(g) all orders issued by Registrars under
section 72 or 75 directing documents to be registered;
(h) All summonses issued by Registrars
under section 75.
197.
Supply and renewal
of seals:--- When a new one replaces a seal, which has become unfit for use,
the former shall be forwarded to the office of the Inspector General of Registration
for destruction. The seals of offices
permanently closed shall be dealt with in the same manner; those of offices
temporarily closed shall remain in the personal custody of the Registrar of the
district. All new seals required for
newly created offices, or for the purpose of replacing others, which have
become unfit for use, shall be supplied from the office of the Inspector
General.
Stock Books
198.
Stock book of stores:--- (1) Punjab
Government Consolidated Circular No. 29 prescribes for each registration office
the maintenance of (a) a stock book of stores (paragraph 26). This latter register is dealt within
paragraph 199 below. The only store to
be found in a registration office, which could be included in the stock book,
are the iron safe for wills, duplicate keys of locks of strong boxes kept by
the Registrar and European locks in the various registration offices.
(2)
In
the circumstances all that is required for complying with paragraph 22 of
Punjab Government Consolidated Circular No.29 is that each registration office
should keep a list of whatever of the articles, --iron safe, European locks and
their duplicate keys—are held by the officer-in-charge. This list in the Registrar’s office will be
kept in the iron safe.
(3)
About April the registering officer shall note each year
there shall be an annual verification of the stock in hand with that entered in
the list and the result on the list.
199.
Stock book of
office furniture:--- The stock book of the office furniture shall be in form 6 given in
appendix III. Having once been written
up with reference to the stock in hand, it should be written up again
concurrently with each purchase or strike off of furniture. About April each year there shall be an
annual stocktaking and the result of the verification of the stock in hand with
that shown in this record and the condition of the articles in stock shall be
duly noted in the column provided for the purpose. To facilitate identification each article
should be marked with a label.
200.
Annual report regarding verification of stock:--- In May every year the result of the annual stocktaking of stores
and office furniture shall be reported to the Inspector General of
Registration.
Official Correspondence
201.
Correspondence of
Registrars with Inspector General:--- Save in emergent and exceptional
cases, Sub-Registrars should not correspond with the Inspector General, except
through their respective Registrars.
202.
Correspondence
between Registrars and Sub-Registrars:--- Official
correspondence between Registrars and Sub-Registrars should ordinarily be in
the form of a vernacular proceeding; but where the Sub-Registrar is a European
officer or officer in charge of the treasury, there is no objection to the
correspondence being conducted by English letter or memorandum.
203.
Transmission of
references from Sub-Registrars to Inspector-General:--- When a
Registrar receives a communication from a Sub-Registrar which requires a
reference to the Inspector-General, he should, in ordinary cases, trnsmit it in
original, accompanied by such remarks in English as he thinks necessary, and
the reply will be communicated in the same way.
But where a point of law, or of procedure not already provided for is
raised, or where the question is one of general application the Registrar
should refer it for orders by means of an English letter or memorandum, which
should fully state the case and the Registrar’s opinion thereon.
204.
Registrars to
dispose so far as possible of references from Sub-Registrars:--- Registrars
should, so far a possible, themselves dispose of references from
Sub-Registrars, and should not transmit then to the Inspector-General unless
his orders are really required. This
caution is necessary because a great proportion of the references that reach
the Inspector-General’s office are on points which have already been distinctly
provided for, and should have been disposed of in the Registrar’s office. At the same time as it is very desirable that
uniformity of practice should be maintained throughout the province, all
instructions of general applicability or involving general principles issued by
Registrars to Sub-Registrars, should be communicated to the Inspector-General
without delay.
205.
Speculative
references to be discouraged:--- Some
registering officers, and especially some muharrirs, are prone to raise
hypothetical questions on points of law or procedure in imaginary cases. This practice should be discouraged; no such
question should be permitted, unless it has actually arisen in practice, and a decision
on the point is necessary.
206.
Correspondence
between Registrars and Inspector-General:---
The official correspondence between Registrars and the Inspector-General shall
be in English, and in the conduct of such correspondence Registrars will be
guided by the general rules prescribed in Punjab Government Consolidated
Circular No. 5.
207.
Inspector-General
requisitions to be promptly attended to:--- Registrars should see that no
unnecessary delay takes place, either in their own offices, or in the offices
of their Sub-Registrars in replying to references from the
Inspector-General. Ordinarily, a
Sub-Registrar should not defer replying to a requisition either from the
Inspector-General or from his Registrar for more than two days. A reply to a reference from the central
office should, except in exceptional circumstances, always be returned within
15 days.
Inspections of Offices
208.
Registrars to
inspect offices of Sub-Registrars at least once a year:--- (1) Superintendence
and control over Sub-Registrars was conferred upon the Registrar of the
district by section 68 of the Act and in order to enable the Registrar to
exercise such supervision and control in an efficient manner, it is essential
that he should visit the several sub-offices and examine the registers and
other records therein as often as possible.
Every Sub-Registrar’s office should be inspected by the Registrar at
least once a year including the office at head quarters, which is usually the
largest and most important in the district, but which is in some districts the
least looked after by the Registrar, although from its positing it can be
examined at any time most convenient to him, and with the least trouble. If, from any cause, the Registrar is unable
himself to inspect any sub-office during the year, he should depute an
experienced Assistant or Extra Assistant Commissioner for such duty. The sending out of muharrirs on this duty is
absolutely forbidden; it is distasteful to the registering officers concerned,
and offers a temptation to extortion which should be avoided.
209.
Inspection reports what to contain:---- (1) When
a Registrar has completed his inspection of an office, he should send a report
thereof to the Inspector General, giving the following particulars:---
(a) office inspected, with names of
registering officer and muharrir;
(b) dates of present and last inspection;
the object being to show how long the office remained without an inspection,
and the period over which the report extends;
(c) statistics of the business done during
that period;
(d) remarks (if any) on the registers;
(e) remarks on the indexes and subsidiary
books;
(f) general remarks.
(2)
This
report may be written either in English or in the vernacular, as the reporting
officer finds most convenient. The form
adopted by the Inspector-General for recording the results of his inspections
is given in appendix II, from H, and Registrars are recommended to adopt that
form. A supply of the forms can be
obtained, on application, from the office of the Superintendent, Government
Printing, Punjab,
210.
Points to be noted:--- Inspecting officers should of course, note
in their reports all errors of procedure and other defects which their
inspection may bring to light, both for Inspector-General’s information and for
avoidance in future by the registering officer; they should also note any other
point which appears noteworthy e.g., abnormal increase or decrease of business
with the causes thereof, the general state of the work of the office, the qualifications
of the muharrir, and similar maters and they should check the stock registers
maintained under paragraphs 198 and 199.
Reports should be as brief as in compatible with clearness. For example, if the examination of the
registers discloses no errors or faults, nor any other matter calling for
special remarks, it will suffice to write the single word “nil” under the
heading of “remarks on the registers.” A
set of questions to be used as guides in such inspections will be found in
appendix VII. They must not be taken as
exhaustive.
211.
Issue of necessary
order to registering officer concerned at end of the inspection:--- When the
examination of a book has been completed, the inspecting officer, should write
the word “examined” after the last entry in it, together with his signature and
the date. When the inspection has been
conducted by the Registrar in person, he will issue such orders as he deems
necessary at once to the registering officer concerned, briefly noting the
purport of such orders in his report under the heading of “general
remarks”. When the inspection has been
conducted by an Assistant or Extra Assistant Commissioner, the latter officer
will prepare the report in the manner prescribed above and send it to the
Registrar, who will issue necessary orders thereon, as before, to the
registering officer concerned, note the purport of such orders on the
inspecting officer’s report and transmit the latter for the Inspector-General’s
information.
212.
Stamp duty on application.--- Applications mentioned in the following list should bear stamp of
the value, if any, shown against each:---
List showing the duty, if any,
chargeable on certain applications which are frequently presented before
registering officers
|
Submitted to Registrar or Sub-Registrar |
Nature of application or appeal |
|
Exempt or amount of court-fee stamp to be affixed |
|
|
Both |
Application
for inspection or search |
… |
nil |
|
|
Do. |
Application
for copies |
… |
0 20 |
|
|
Do. |
Application
for attendance at a private residence |
… |
Nil |
|
|
Do. |
Application
under section 36 of the Act |
… |
Nil |
|
|
Registrar |
{ |
Application
under section 73 of the Act |
… |
Nil |
|
Appeal
under section 72 of the Act |
… |
1 00 |
||
|
Both |
Applications
for return of documents filed |
… |
nil |
|
|
Do. |
Applications
objecting to registration of documents |
… |
nil |
|
|
Do. |
Application
agreeing to registration of document |
… |
nil |
|
|
Do. |
Other
miscellaneous applications |
… |
nil |
|
ARTICLE I
1.
For the registration of documents:---
(1)
In Book 1, register of non-testamentary documents relating to immovable
property,---
|
|
|
|
Rs. paisa |
|||
|
(a) |
For all
optionally registered documents except leases |
… |
1 00 |
|||
|
(b) |
For all
compulsorily registered documents other than leases of immovable property if
the value of consideration money does not exceed Rs. 200.[6] |
… |
2 50 |
|||
|
|
Exceeds
Rs. |
200 |
but does
not exceed Rs. |
200 |
… |
3 75 |
|
|
“ |
300 |
“ |
400 |
… |
5 00 |
|
|
“ |
400 |
“ |
500 |
… |
6 25 |
|
|
“ |
500 |
“ |
600 |
… |
7 50 |
|
|
“ |
600 |
“ |
700 |
… |
8 75 |
|
|
“ |
700 |
“ |
800 |
… |
10 0 |
|
|
“ |
800 |
“ |
900 |
… |
11 25 |
|
|
“ |
900 |
“ |
1000 |
… |
12 50 |
|
|
“ |
1000 |
“ |
1500 |
… |
13 75 |
|
|
“ |
1500 |
“ |
2000 |
… |
15 00 |
|
|
“ |
2000 |
“ |
2500 |
… |
16 25 |
|
|
“ |
2500 |
“ |
3000 |
… |
17 50 |
|
|
“ |
3000 |
“ |
3500 |
… |
18 75 |
|
|
“ |
3500 |
“ |
4000 |
… |
20 00 |
|
|
“ |
4000 |
“ |
4500 |
… |
21 25 |
|
|
“ |
4500 |
“ |
5000 |
… |
22 50 |
|
For every one thousand or part thereof in excess of Rs. 5,000 and not
exceeding Rs. 50,000 |
… |
2 50 |
||||
|
For every one thousand or part thereof in excess of Rs. 50,000 |
… |
1 25 |
||||
|
If the value of consideration be only partly expressed |
… |
2 50 |
||||
|
If the value or consideration be not expressed at all, a fixed fee of |
… |
12 50 |
||||
|
(e) |
For leases
of immovable property and instruments of surrender of leases |
… |
5/8th of
the value of stamp duty payable on the lease subject to a minimum of 62 paisa
and if the lease be exempt from stamp duty 62 paisa. |
Note.--- The registration fee of be paid on portion-deeds should be
calculated on the value of the share or shares on which stamp duty has been
assessed under Article 45 of Schedule I to the Stamp Act, 1899.
|
|
|
|
Rs. paisa |
|
(2) |
In Book 3,
register of will |
… |
5 00 |
|
|
Authority
to adopt |
… |
6 25 |
Note.--- In addition to an ad valorem
fee as above on the value or consideration expressed.
2.
(a) The fee on any instrument
comprising or relating to several district matters shall be the aggregate of
the fees with which separate instruments, each comprising or relating to one of
such matters, would be chargeable.
(b)
An instrument so framed as to come within two or more descriptions of the
documents enumerated shall, when the fees chargeable thereunder are different,
be charged with the highest of such fees.
|
(3) |
In Book 4,
miscellaneous register:--- |
|
Rs. paisa |
|
(a) |
All
documents other than bonds |
… |
2 00 |
|
(b) |
Bonds |
… |
Half the value
of the stamp duty payable on the bond subject to a minimum of 50 paisa. |
Under section 80 of the Registration Act all fees for the registration of
documents shall be payable on the presentation of such documents provided that
no fee shall be levied for the registration security bonds furnished by Court
Inspectors and Assistant Court Inspectors, under the provisions of paragraph
28, Chapter 25 of the Punjab Police Rules, Volume I:---
Provided also that under the notification of the Government of India,
Home Department, No. 376, dated 24th April 1914, as adopted by the Government
of Pakistan the following fees payable under the law of registration for the
time being in force, namely, (a) all
fees payable by or on behalf of any Co-operative Society for the time being
registered under the Co-operative Societies Act, 1912 (II of 1912), and (b) all fees payable in respect of any
instrument executed by any officer or member of such a society and relating to
the business thereof, are remitted.
Note:--- No registration fee shall be levied upon a mortgage-deed executed by
an officer of Government in civil or military employ for securing the repayment
of an advance received by him from the Government for the purpose of
constructing or purchasing a dwelling house for his own use.
ARTICLE II
For inspections or searches by the public and searches by the registering
officer under section 57:---
(1)
Search for or inspection of a single entry or document:---
|
|
|
|
Rs. paisa |
|
(a) |
For the
first year in books of which search is made for each entry or document |
… |
1 00 |
|
(b) |
For every
other year in the books of which search is continued for each entry or
document |
… |
0 25 |
(2)
General search for or inspection of any number of entries or documents
relating to one and the same property or executed by or in favour of one and
the same individual:---
|
|
|
|
Rs. paisa |
|
(a) |
For the
first year in the books of which search is made |
… |
2 00 |
|
(b) |
For every
other year in the books of which search is continued |
… |
0 50 |
Provided that no search fees shall be charged in respect of document of
which a copy is applied for when the names of the claiming and executing
parties, the nature of the document and the date of registration are shown in
the application for the copy:---
Provided further that if a search is made at the request of a civil Court
for the purpose of ascertaining whether a specified property is encumbered or
not, the fee to be levied in each such case shall beat the rates prescribed by
clause (I) above, subject to the condition that a fee of not more than five
rupees shall be so levied.
ARTICLE III
(a)
When the number of words does not secede 300–56 paisa for an Urdu copy
and 75 paisa for an English copy.
(b)
For every 100 words or part thereof in excess of 300–19 paisa for an Urdu
copy and 25 paisa of an English copy.
(c)
If the applicant requires copies to be furnished on the day of
application or in preference to other applications on which ordinary copying
fee has been paid, an expedition fee for Rs. 2 or if the copy exceeds four
pages of 300 words each 50 paisa per page shall be levied.
Note (a).--- When registration is
refused, neither registration nor copying fee is to be levied.
Copies of reasons granted before registration are those which, in case of
refused registration, are given on application made by any person executing or
claiming under the document, as provided in section 76 of the Act.
Note (b).--- When application for a
copy under section 57 necessitates a search, the fee prescribed by Article II
is to be levied in addition to that chargeable under Article III.
Note (c).--- Government officers
who may want to search registers or take copies or entries in the registers of
bona fide public purposes will be exempted from payment of the fees under
Articles II and III, on a certificate being granted by the Registrar of the
district that the information is required solely in the interests of
Government.
Note (d).--- The fees for copying
maps and plans of estates or houses, etc., such as are filed in supplementary
Book, shall be determined by the head of the office.
Note (e).--- No additional charge
should be levied in respect of the copying into the registration books of
endorsements made in accordance with section 52, 58 or 60 of the Act.
EXTRA OR ADDITIONAL FEE
ARTICLE IV
For directory registration under section 30:---
|
|
|
|
Rs. paisa |
|
(1) |
By the
Registrar of the district under clause (1) |
… |
4 00 |
|
(2) |
By the
Registrar of the Lahore District under clause (2) |
… |
10 00 |
Note.--- The additional fee under this Article is not payable on the
registration of wills and authorities to adopt.
Nor is it to be levied in case where the Sub-Registrar owing to his being
pecuniarily interested in the transaction or to his being unacquainted with the
language in which the deed is written or for any other sufficient reason is
unable to register himself.
ARTICLE V
For the issue of summons and for attending at private residence:---
|
|
|
|
Rs. paisa |
|
(1) |
When a
satisfactory certificate is produced as sickness or infirmity or when the
person to be examined in jail |
… |
5 00 |
|
(2) |
In all
other cases |
… |
15 00 |
Note.--- In addition to the above fee traveling allowance at the following
rates is to be levied for the actual distance traveled over provided that the
place visited is more than one mile from the registration office.
Note.--- In addition to the above fee the person on whose behalf the journeys
referred to in paragraph 19 of the Registration Manual are performed shall pay
to Government such addition sum as may be necessary to cover the cost of
traveling allowance of the registering officer or person appointed to execute a
commission at the following rates:---
(a)
In the case of whole-time Government officials at the rates prescribed in
the Fundamental Rules, Volume III, Travelling Allowance Rates.
(b)
In the case of Departmental and Honorary Sub-Registrar at the rates
prescribed for Grade IV officer in Rule 2.15 of the said Travelling Allowance
Rules, provided that halting allowance, if admissible, shall be limited to Rs.
3 per diem for the Sub-Registrar of Lahore and Rs. 2 per diem for other
Sub-Registrar.
(c)
In the case of persons appointed to execute a commission under section 33
or section 58 of the Registration Act the same rates as prescribed in clause (b) above for Departmental and Honorary
Sub-Registrars, other than those of
ARTICLE VI
|
|
|
|
Rs. paisa |
|
For filing
translations |
… |
1 00 |
|
ARTICLE VII
For deposit,
withdrawal, and opening of sealed wills:---
|
|
|
|
Rs. paisa |
|
(1) |
When
deposited in sealed cover under section 42 |
… |
4 00 |
|
(2) |
When
withdrawn under section 44 |
… |
2 00 |
|
(3) |
When
opened under section 45 |
|
4 00 |
Note.--- No fee beyond the copying fee under Article III shall be levied for
copying into Book No. 3, wills opened under section 45.
ARTICLE VIII
For the
authentication of power-of-attorney under section 33:---
|
|
|
|
Rs. paisa |
|
(a) |
If such
power is general |
… |
3 00 |
|
(b) |
If special |
… |
2 00 |
ARTICLE IX
When under section 36 application is made to issue and serve a summons
process fees and remuneration of the person summoned, at the rate prescribed for
the civil Courts of the province, are to be levied from the person at whose
instance, or in whose behalf, the application is made, and forwarded with the
application. When, however, the person summoned is the person who has executed
the document, remuneration is not to be allowed to him.
ARTICLE X
For the safe custody of documents remaining unclaimed after registration
or after registration is refused:---
|
|
|
|
Rs. paisa |
|
When
application for return of a registered document or of a document,
registration of which has been refused, is made more than one week, but not
more than two weeks from the date of such registration or refusal. |
… |
0 25 |
|
|
and for
delay in applying for return of document beyond two weeks, for each week or
fraction thereof |
… |
0 25 |
|
|
Provided
that the maximum fee leviable under this article in the case of a single
document shall not exceed |
… |
5 00 |
|
Note (1).--- A Registrar is empowered in his discretion of remit, in whole or
in part, fees leviable under this article, by himself or by registering officer
subordinate to him, in cases in which it appears to him that their execution
would be productive of injustice or hardship.
Note (2).--- It must be understood that n custody fee is leviable when
application for the return of a document is made within one week after the date of registration.
Thus, if the document be registered on the 31st March, no fee is
chargeable if application for its rerun be made between 1st and 7th April; but
if the application be made after 7th April, fees are leviable as follows:---
|
|
|
|
Rs. paisa |
|||
|
|
If
application be made between 8th and 14th April |
… |
0 25 |
|||
|
|
“ |
|
“ |
15th and 21st April |
… |
0 50 |
|
|
“ |
|
“ |
22nd and 28th April |
… |
0 75 |
|
|
“ |
|
“ |
29th and 5th May |
… |
1 00 |
|
|
“ |
|
“ |
6th and 12th May |
… |
1 25 |
and so on, an additional fee of 25 paisa being leviable for each week’s
further delay in making application for return, up to a maximum fee of Rs. 5.
----------
APPENDIX III
GOVERNMENT OF THE
TABLE OF REGISTRATION
FEES
REGISTRATION DEPARTMENT
(AMENDED
UPTO 31ST MARCH, 1991)
Government
of the
The
following Table of Fees as brought to date and notified under section 78 and 79
of the Registration Act, 1908 (XVI of 1908) by the Government of Punjab
(Revenue Department) is published for general information of Public:---
REGISTRATION FEE
|
ARTICLE 1 |
For the registration of documents |
|
|
|
|||||
|
(1) |
|
IN BOOK 1.
REGISTER OF NON-TESTAMENTARY DOCUMENTS RELATING TO IMMOVABLE PROPERTY |
|
|
|||||
|
|
|
|
|
|
|||||
|
|
(a) |
For all
optionally registered document except lease. |
|
Rs. 1.00
per Rs. 1,000 or part thereof of subject to a minimum of Rs. 20.00. |
|||||
|
|
|
|
|
|
|||||
|
|
(b) |
For all
compulsory register-able documents, other than leases of immovable property
if the value of or consideration money is Rs. 100.00 and upwards |
|
|
|||||
|
|
|
|
|
|
|||||
|
|
(i) |
if
relating to agricultural land. |
|
Rs. 10.00
per Rs. 1,000/- or part thereof of the value of land, subject to minimum of
Rs. 20/-. |
|||||
|
|
|
|
|
|
|||||
|
|
(ii) |
if
relating to conveyance of exchange of immovable property in an Urban Area |
|
1% |
|||||
|
|
|
|
|
|
|||||
|
|
(iii) |
In other
cases |
|
Rs. 10/-
per Rs. 1,000/- or part thereof of the value of property subject to a minimum
of Rs. 20/-. |
|||||
|
|
|
|
|
|
|||||
|
|
(c) |
Lease of
immovable property and instrument of surrenders of leases. |
|
5/8th of
the value of stamp duty payable on the lease subject to a minimum of Rs. 10/-
and if the lease be exempt from stamp duty Rs. 10/-. |
|||||
|
|
|
|
|
|
|||||
|
|
|
EXPLANATION
I |
|
|
|||||
|
|
|
|
|
|
|||||
|
|
|
“Urban
area” shall have the same meaning as given in Article 23 of Schedule I of the
Stamp Act, 1899 as amended |
|
|
|||||
|
|
|
|
|
|
|||||
|
|
Note:--- |
The
registration fee to be paid on partition deeds shall be calculated on the
value of share or shares on which stamp duty have been assessed under Article
45 of Schedule I to the Stamp Act, 1899. |
|
|
|||||
|
|
|
|
|
|
|||||
|
(2) |
|
IN BOOK
3--- |
|
|
|||||
|
|
|
Registration
of wills |
|
Rs. 10/- |
|||||
|
|
|
Authorities
to adopt |
|
Rs. 10/- |
|||||
|
|
|
|
|
|
|||||
|
(3) |
|
IN BOOK 4
– MISCELLANEOUS REGISTER |
|
|
|||||
|
|
|
|
|
|
|||||
|
|
(a) |
All
documents other than bonds |
|
2.5% |
|||||
|
|
(b) |
Bonds |
|
Half the
value of the stamp duty payable on the bonds subject to a minimum of Rs. 10/- |
|||||
|
|
|
|
|
|
|||||
|
|
Note---(i) |
The fee on
any instrument comprising or relating to several distinct matters, shall be
aggregate of the fees with each separate instruments each comprising or
relating to one of such matters would be chargeable. |
|
|
|||||
|
|
|
|
|
|
|||||
|
|
(ii) |
An
instrument so framed as to come within two or more descriptions of the
documents enumerated shall, when the fees chargeable there under are
different be charged with the highest of such fees. |
|
|
|||||
|
|
|
|
|
|
|||||
|
|
(iii) |
Under
section 80 o the Registration Act, all fees for the registration of documents
shall be payable on the presentation of such documents. |
|
|
|||||
|
|
|
|
|
|
|||||
|
|
|
Provided
that no fee shall be levied for the registration of security bonds furnished
by court inspectors and assistant court Inspectors under the provisions of
paragraphs 28, Chapter 25 of the Punjab Police Rules, Volume I. |
|
|
|||||
|
|
|
|
|
|
|||||
|
|
|
Provided
also that under the notification of the Government of India, Home Department
No. 376, dated 24th April, 1914, as adopted by the Government of Pakistan the
following fee payable under the law of registration for the time being in
force, namely:--- |
|
|
|||||
|
|
|
|
|
|
|||||
|
|
(a) |
All fees
payable be or on behalf of any cooperative credit society, not dealing with
any immovable property, for the time being registered under the Cooperative
Societies Act, 1925; and |
|
|
|||||
|
|
|
|
|
|
|||||
|
|
(b) |
All fees
payable in respect of any instrument executed by any officer or member of
such a society and relating to the business thereof are remitted. |
|
|
|||||
|
|
|
|
|
|
|||||
|
|
|
Provided
also that no registration fee shall be leviable upon a mortgage deed executed
by an officer of Government in civil or military employee for securing the
repayment of an advance received by him from the Government of an advance
received by him from the Government for the purpose of constructing or
purchasing a dwelling house for his use. |
|
|
|||||
|
|
|
|
|
|
|||||
|
ARTICLE II--- |
For inspection
or searches by the public and searches by the registering officer under
section 57,--- |
|
|
||||||
|
|
|
|
|
|
|||||
|
|
(1) |
SEARCH FOR
OR INSPECTION OF A SINGLE ENTRY OR DOCUMENT,--- |
|
|
|||||
|
|
|
|
|
|
|
||||
|
|
|
(a) |
For the
first year in the books of which search is made for each entry or document |
|
Rs. 2/- |
||||
|
|
|
|
|
|
|
||||
|
|
|
(b) |
For every
other year in the books of which search is continued, for each entry or
document |
|
Rs. 0.5 |
||||
|
|
|
|
|
|
|
||||
|
|
(2) |
GENERAL
SEARCH FOR OR INSPECTION OF ANY NUMBER OF ENTRIES OR DOCUMENTS RELATING TO
ONE AND THE SAME PROPERTY OR EXECUTED BY OR IN FAVOUR OF ONE AND THE SAME
INDIVIDUAL. |
|
|
|||||
|
|
|
|
|
|
|||||
|
|
|
(a) |
For the
first year in the books of which search is made |
|
Rs. 4/-. |
||||
|
|
|
|
|
|
|
||||
|
|
|
(b) |
For every
other year in the books of which search is continued. |
|
Rs. 1/-. |
||||
|
|
|
|
|
|
|||||
|
|
|
Provided
that no search fee shall be charged in respect of a document of which a copy
is applied for when the names of the claiming and executing parties, the
nature and date of the documents and the date of registration are shown in
the application for the copy. |
|
|
|||||
|
|
|
|
|
|
|||||
|
|
|
Provided
further that if a search is made at the request of a Civil Court for the
purpose of ascertaining whether a specified property is encumbered or not the
fee to be levied in each such case shall be at the rates prescribed by clause
(1) above, subject to the condition that a fee of not more than ten rupees
shall be so levied. |
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ARTICLE
III--- |
(A) |
For
comparison of each copy with the original document presented for
registration:--- Two rupees
per page of the copy. |
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(B) |
For making
or granting copies of reasons, entries of documents, before, on or after
registration:--- |
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(i) |
50 Paisa
per 100 words or part thereof subject to a minimum of Rs. 2/-. |
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(ii) |
If the
applicant requires copies of be furnished on the day of application or in
reference to other applications on which ordinary copying fee has been paid, an
expedition fee of Rs. 2/- or if the copy exceeds four pages of 300 words each
50 Paisa per page shall be levied. |
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Note:---(a) |
When
registration is refused, neither registration nor copying fee is to be
levied. |
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Copies of
reasons granted before registration are those which, in case of refused
registration are given an application made by any person exceeding or
claiming under the document as provided in section 76 of the Act. |
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Note:---(b) |
When
application for a copy under section 57 necessitates a search, the fee
prescribed by Article II is to be levied in addition to that chargeable under
Article III. |
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Note:---(c) |
Government
officers who may want to search the registers or take copies of entries in
the registers for bona-fide public
purposes will be exempted from payment of the fees under Article II and III
on a certificate being granted by the Registrar of the district that the
information is required solely in the interest of Government. |
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Note:---(d) |
The fees
for copying maps and plans of estates or houses, etc., such as are filed in
supplementary Book I, shall be determined by the head of the office. |
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Note:---(e) |
No
additional charges should be levied in respect of the copying into the
registration books of endorsements made in accordance with section 52, 58 or
60 of the Act. |
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ARTICLE
V--- |
FOR THE
ISSUE OF COMMISSION AND FOR ATTENDING AT PRIVATE RESIDENCE,--- |
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(1) |
If the
person to be examined is in jail,--- |
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Rs. 20/- |
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(2) |
In all
other cases,--- |
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Rs. 100/- |
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Note--- |
In
addition to the above fee the person, on whose behalf the journey is
performed shall pay to Government such additional sum as may be necessary to
cover the cost of traveling allowance of the Registering Officer or person
appointed to execute a commission at the following rates for the actual
distance traveled provided that the place visited is more than one mile from
the Registration Office. |
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(a) |
in the
case of whole time Government officials at the rates prescribed in the
Travelling Allowances Rules, and |
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(b) |
in the
case of persons appointed to execute a commission under section 33 or section
38 of the Registration Act the same rates as prescribed for grade III
officers in the Travelling Allowances Rules. |
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ARTICLE
VI--- |
For filing
translation |
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Rs. 2/- |
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ARTICLE
VII--- |
FOR
DEPOSIT, WITHDRAWAL, AND OPENING OF SEALED WILL:--- |
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(1) |
When
deposited in sealed cover under section 42 |
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Rs. 10/- |
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(2) |
When
withdrawn under section 44 |
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Rs. 5/- |
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(3) |
When
opened under section 45 |
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Rs. 10/- |
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Note--- |
No fee
beyond the copying fee under Article III shall be levied for copying into
Book 3 WILLS opened under section 45. |
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ARTICLE
VIII--- |
For the
authentication of a power of attorney under section 33:--- |
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(a) |
If such
power is general |
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Rs. 4/- |
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(b) |
If special |
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Rs. 4/- |
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ARTICLE
IX--- |
When under
section 56 application is made to issue and serve a summons, process fee and
remuneration of the person summoned, at the rate prescribed for the civil
court of the province are to be levied from the person, at whose instance, or
on whose behalf the application is made, and forwarded with the application. When
however, the person summoned is the person who has executed the document,
remuneration is not to be allowed to him. |
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ARTICLE
X--- |
FOR THE
SAFE CUSTODY OF DOCUMENTS REMAINING UNCLAIMED AFTER REGISTRATION, OR AFTER REGISTRATION
IS REFUSED. |
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When
application for return of a registered document, or of a document
registration of which has been refused, is made more than one week but not
more than two weeks from the date of such registration or refusal. |
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Rs. 0.50 |
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And for
delay in applying for return of such document beyond two weeks for each week
or fraction there of. |
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Rs. 0.50 |
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Provided
that the maximum fee leviable under the Article in the case of a single
document shall not exceed. |
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Rs. 10/- |
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Note--- |
(1) |
A
Registrar is empowered in the discretion to remit, in whole or in part, fees
leviable under this Article by himself, or by Registering officers
subordinate to him, in case in which it appears to him that their execution
would be productive of injustice of hardship. |
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Note--- |
(2) |
It must be
understood that no custody fee is leviable when application for the return of
a document is made within one week after the date of registration. Thus, if
the document be registered on the 31st March. No fee chargeable if
application for the return be made between 1st and 7th April, but if the
application is made after 7th April, fees are leviable as follows:--- |
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If
application be made between 8th and 14th April,………………… |
Rs. 0.50 |
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If
application be made between 15th and 21st ,……………………… |
Rs. 1.00 |
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If
application be made between 22nd and 28th ,…………..………… |
Rs. 1.50 |
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If
application be made between 29th and 5th May,.………………… |
Rs. 2.00 |
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If
application be made between 6th and 11th May,……….………… |
Rs. 2.50 |
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And so on
an additional fee of 50 paisa being leviable for each week’s further delay in
making application for return upto a maximum of Rs. 10/-. |
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EXEMPTIONS |
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(i) |
Mortgage deed,
or an instrument of further change in pursuance of sale of moveable or
immovable property to a baking company and its purchase, immediate or
otherwise, by the seller from the banking company from payment of so much of
the registration fee as presents the fee payable in respect of the difference
between the sale price and the purchase price. |
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(ii) |
No
registration fee is chargeable on the deed of assignment and partnership when
the amount of credit by the House Building Finance Corporation for house
building purpose does not exceed Rs. 20,000/-. |
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No
registration fee is chargeable in respect of the following documents:--- |
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(i) |
Partition
deed in respect of the agricultural Land in rural areas; |
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(ii) |
Tamleek (i.e., gift in favour legal heirs) upto
25 acres of agricultural land in rural areas; and |
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(iii) |
Exchange
upto 25 acres of agricultural land in rural areas. |
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CHAUDHRY MUHAMMAD SALEEM Inspector General of
Registration Punjab, |
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-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-
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GOVERNMENT OF THE REVENUE DEPARTMENT (STAMP WING) |
NOTIFICATION
No.
1928-2014/963-ST (I). In exercise of the powers conferred by Sections 78 and 79
of the Registration Act, 1908 (XVI of 1908), the Governor of the Punjab is
pleased to substitute rates of for against item (b) of Article 1 (1) of the
Table of Registration Fees given in Punjab Government Notification No.
2818-73/2013-ST(I), dated 23-6-1973 published in the Gazette of Punjab
Extraordinary dated 28-6-1973, as mended, as under with effect from 1st
July 2014:---
a) If relating to sale certificate,
conveyance, Decree or Rule of Court, Exchange, Gift, Release, Settlement,
Award, Mortgage, Partition, Transfer of Lease, Power of Attorney given for
consideration of immovable property:---
(i)
Where consideration amount doesn’t not exceed rupees five hundred
thousand Rs. 500/-
(ii) Where consideration amount
exceeds rupees five hundred thousand Rs. 1,000/-
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NADEEM ASHRAF SECRETARY TO GOVERNMENT OF THE REVENUE DEPARTMENT. |
No & Date Even.
A copy is forwarded to
the Superintendent, Government Printing, Punjab,
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ADDITIONAL SECRETARY GOVERNMENT OF THE REVENUE DEPARTMENT. |
No & Date Even.
A copy is forwarded for
information and necessary action to the:---
1.
Secretary in Chief Minister,
2.
Senior Member and all other Members of Board of Revenue,
3.
All Divisional Commissioners in the
4.
Registrar,
5.
All District & Session Judges in the
6.
All DCO’s/District Collectors/District Registrars in the Punjab, with the
request to supply a copy of this notification to all Sub-Registrars under them
for implementation;
7.
Section Officer (Taxation) Government of the
8.
Senior Inspectors of Stamps, Board of Revenue,
9.
All Inspectors of Stamp Board of Revenue,
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ADDITIONAL SECRETARY GOVERNMENT OF THE REVENUE DEPARTMENT. |
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PUBLISHED BY AUTHORITY |
LAHORE MONDAY NOVEMBER 2S, 2019
GOVERNMENT OF THE PUNJAB LAW AND PARLIAMENTARY AFFAIRS DEPARTMENT
NOTIFICATION (166 of 2019)
25 November, 2019
15.11.2019, issued by
Government ofPunjab, Revenue Department is hereby published in
official Gazette for general information:
Secretary
Government of the Punjab Law and Parliamentary Affairs Department
GOVERNMENT OF THE PUNJAB
Lahore, dated the 15-11-2019
NOTIFICATION
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(1537) |
No.2972-2019/ 1777 -ST(I). In exercise of the powers conferred on him by Section 78 and 79 of the Registration Act, 1908'(XVI of 1908), the Government of the Punjab is pleased to direct that the following amendments shall be made in Government of the Punjab, Revenue Department Notification No. 2818-73/2013-ST(I) dated 23.06.1973:
Price Re. 10.M Per Page