Sec 51 to 70 Part XI (Of The Duties And Powers Of Registering Officers) The Registration Act, 1908

(A) As to the Register-books and Indexes

51. Register-books to be kept in the several offices.—

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

A—In all registration offices—

Book 1, “Register of non-testamentary documents relating to immovable property”;

Book 2, “Record of reasons for refusal to register”;

Book 3, “Register of wills and authorities to adopt”; and

Book 4, “Miscellaneous Register”.

B—In the offices of Registrars—

Book 5, “Register of deposits of wills”;

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

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

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

STATE AMENDMENT

Karnataka

Amendment of section 51.--In Section 51 of the principal Act, for clause (c) of sub-section (1), the following clause shall be substituted, namely:--

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

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

(i) true copies of all documents; and

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

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

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

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

[Vide Karnataka Act 55 of 1976, s. 8]

Tripura

Amendment of Section 51.-

In section 51 of the principal Act,

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

(2) In Book I shall be

(i) pasted true copied of all documents and

(ii) filed all memoranda registered under Section 17, 18 and 89 which relate to immovable property, andare not wills and

(b) in sub-section (3), for the word “entered”, the words “pasted true copies of” shall be substituted.

[Vide Tripura Act 7 of 1982, s. 6]

Kerala

Amendment of section 51.-

In section 51 of th3 principal Act,-

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

“(2) In Book I shall be filed---

(i) true copies of all documents; and

(ii) all memoranda, Registered under sections 17, 18 and 89 which related to immovable property, and are not wills.”

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

[Vide kerala Act 7 of 1968, s. 7]

Orissa

Amendment of section 51.—

In the Principal Act, in section 51,—

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

“(2) In Book I shall be filed,—

(i) true copies of all documents; and

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

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

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

“(5) If in the opinion of the Register any of the books mentioned in sub-section (1) is in danger of being destroyed or becoming illegible wholly or partly, the registrar may, by written be recopied and authenticated in such manner as may be prescribed under section 69 and the copy so prepared and authenticated under such direction shall, for the purpose of this Act and of the Evidence Act, 1872 be deemed to have taken the place of, and to be, the original book or portion, as the case may be, and all references in this Act to the original book or portion shall be deemed to be reference to the book or portion so prepared and authenticated.

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

[Vide Orissa Act 14 of 1989, s. 6]

Uttarakhand

Amendment of section 51.—

In placed of sub-sections (2), (3) and (5) of section 51 of the Principal Act, the following sub-section shall be substituted as follows; namely:-

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

Provided that where Book is in electronic form, all documents, other than wills, registered under aforesaid sections or true copies thereof, as the case may be, or memoranda shall be scanned in it and a printout, thereof shall be kept permanently in Book 1,

(3) In Book 4, shall be filed true copies of all documents registered under clauses (d) and (f) of section 18 which do not relate to immovable property;

Provided that where Book is in electronic form, all documents registered under the aforesaid clauses or their true copies, as the case may be, shall be scanned in it and a printout thereof shall be kept permanently in Book 4.

(5) Where due to fire, tempest, flood, excessive rainfall, violence of any army or mob, or other irresistible force and for any other reason or all of the books specified in sub-section (1) are destroyed, or become illegible either wholly or partially, and the State Government is of the opinion that it is necessary, or expedient so to do it may, by order, direct such book or such portion thereof, as it thinks fit, to be re-copied, authenticated, or reconstructed in such manner as may be prescribed, and the copy so prepared, authenticated or reconstructed, shall for the purposes of this Act, and of the Indian Evidence Act, 1872, be deemed to have taken the place of, and to be the original book or portion.”

[Vide Uttarakhand Act 24 of 2014, s. 9]

52. Duties of registering officers when document presented.—

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

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

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

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

(1. Ins. by Act 48 of 2001, s. 7 (w.e.f. 24-9-2001).

STATE AMENDMENT

Karnataka

Amendment of section 52.—

In section 52 of the principal Act, for clause (c) of sub-section (1), the following clause shall be substituted, namely:-

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

[Vide Karnataka Act 55 of 1976, s. 9]

Tripura

Amendment of Section 52-

In section 52 of the principal Act, for clause (c) of sub-section (1), the following clause shall be substituted namely:—

“(c) subject to the provisions contained in section 62 the true copy, referred to in section 18A of every document admitted to registration shall, without unnecessary delay, be pasted in the book appropriated therefore according to the order of its admission.”

[Vide Tripura Act 7 of 1982, s.7]

Kerala

Amendment of section 52.-

In section 52 of the principal Act, for clause (c) of sub-section (1), the following clause shall be substituted.

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

[Vide kerala Act 7 of 1968, s. 8]

Himachal Pradesh

Amendment of section 52.-

In section 52 of the principal Act, for clause (c) of sub-section (1), the following clause shall be substituted, namely:-

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

[Vide Himachal Pradesh Act 2 of 1969, s. 5]

Orissa

Amendment of section 52.—

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

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

[Vide Orissa Act 14 of 1989, s. 7]

Uttarakhand

Amendment of section 52.—

In sub-section (1) of section 52 of the principal Act,--

(1) in sub-section (1) -

(i) in clause (a), for the words, "every such documents at the time of presenting it", the words, "every such documents and true copy thereof at the time of presenting it; and" shall be substituted;

(ii) for clauses (b) and (c), the following clause shall be substituted, namely:-

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

(2) sub-section (2) shall be omitted.

[Vide Uttarakhand Act 24 of 2014, s. 10]

Uttar Pradesh

Amendment of section 52.—

In section 52 of the principal Act, in sub-section (1) after clause (c), the following Explanation shall be inserted, namely :—

“Explanation—Copying of the document in the said book includes the pasting of its copy in the book.”

[Vide Uttar Pradesh Act 14 of 1971, s. 3]

53. Entries to be numbered consecutively.—

All entries in each book shall be numbered in a consecutive series, which shall commence and terminate with the year, a fresh series being commenced at the beginning of each year.

Uttarakhand

Insertion of proviso to section 53.—

In section 53 of the Principal Act, the following proviso shall be inserted, namely:--

“Provided that where Book is in electronic form, all entries and numbers in that Book and the Book maintained manually shall be identical.”

[Vide Uttarakhand Act 24 of 2014, s. 11]

54. Current indexes and entries therein.—

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

STATE AMENDMENT

Karnataka

Amendment of section 54.-

In section 54 of the principal Act, for the words "copied, or filed memorandum of, the words "filed a true copy or memorandum or shall be substituted.

[Vide Karnataka Act 55 of 1976, s. 10]

Tripura

Amendment of Section 54.-

In section 54 of the principal Act, for the words and mark “copied, orfiled a memorandum of “the words “pasted a true copy or filed a memorandum of” shall be substituted.

[Vide Tripura Act 7 of 1982, s. 8]

Kerala

Amendment of section 54.-

In section 54 of the principal Act for the words “copied, or filed a memorandum of,” the words “filed a true copy or memorandum of” shall be substituted.”

[Vide kerala Act 7 of 1968, s. 9]

Orissa

Amendment of section 54.—

In the principal Act, in section 54, for the words “copied or filed”, the words “filed a true copy or” shall be substituted.

[Vide Orissa Act 14 of 1989, s. 8]

Uttarakhand

Amendment of section 54.—

Section 54 of the Principal Act, shall be substituted as follows; namely:-

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

[Vide Uttarakhand Act 24 of 2014, s. 12]

55. Indexes to be made by registering officers, and their contents.—

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

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

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

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

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

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

STATE AMENDMENT

Karnataka

Amendment of section 55.-

In section 55 of the principal Act,-

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

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

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

[Vide Karnataka Act 55 of 1976, s. 11]

Tripura

Amendment of Section 55.-

In section 55 of the principal Act-

(a) in sub-section (2), for the word “entered” substitute the words “of which a true copy pasted”;

(b) in sub-section (4), for the words and figure “every will and authority entered in Book No. 3” substitute the words and figure “every will and authority of which a true copy is pasted in Book No. 3”;

(c) in sub-section (5), for the word “entered” substitute the words “of which a true copy is pasted” shall be substituted.

[Vide Tripura Act 7 of 1982, s. 9]

Kerala

Amendment of section 55.-

In section 55 of the principal Act,-

(a) in sub-section (2), for the words “document entered or memorandum filed”, the words “document of which a true copy, or memorandum, is filed” shall be substituted.

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

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

[Vide kerala Act 7 of 1968, s. 10]

Orissa

Amendment of section 55.—

In the principal Act, in section 55,—

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

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

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

[Vide Orissa Act 14 of 1989, s. 9]

Uttarkhand

Insertion in section 55.—

After sub-section (6) of section 55 of the Principal Act, the following subsection shall be inserted, namely:--

“(7) Where Book is in electronic form, the indexes made under this section shall also be stored in electronic form in the manner prescribed by rules under Section 69."

[Vide Uttarakhand Act 24 of 2014, s.13]

56. [Copy of entries in Indexes Nos. I, II and III to be sent by Sub-Registrar to Registrar and filed.] Rep. by the Indian Registration (Amendment) Act, 1929 (15 of 1929), s. 2.

57. Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries.—

(1) Subject to the previous payment of the fees payable in that behalf, the Books Nos. 1 and 2 and the Indexes relating to Book No. 1 shall be at all times open to inspection by any person applying to inspect the same; and, subject to the provisions of section 62, copies or entries in such books shall be given to all persons applying for such copies.

(2) Subject to the same provisions, copies of entries in Book No. 3 and in the Index relating thereto shall 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.

(3) Subject to the same provisions, copies of entries in Book No. 4 and in the Index relating thereto shall be given to any person executing or claiming under the documents to which such entries respectively refer, or to his agent or representative.

(4) The requisite search, under this section for entries in Book Nos. 3 and 4 shall be made only by the registering officer.

(5) All copies given under this section shall be signed and sealed by the registering officer, and shall be admissible for the purpose of proving the contents of the original documents.

STATE AMENDMENT

Uttarakhand

Amendment of section 57.—

In place of sub-section (1) of section 57 of the Principal Act, shall be substituted as follows; namely:-

"(1) Subject to the previous payment of fees payable in that behalf, books 1 and 2 and indexes relating to Book I other than those in electronic Form shall be, at all times, open to inspection by any person applying to inspect the same and subject to the provisions of section 62, copies of entries in such books shall be given to all persons applying for such copies.”

[Vide Uttarakhand Act 24 of 2014, s. 14]

(B) As to the procedure on admitting to registration

58. Particulars to be endorsed on documents admitted to registration.—

(1) On every document admitted to registration, other than a copy of a decree or order, or a copy sent to a registering officer under section 89, there shall be endorsed from time to time the following particulars, namely:—

(a) the signature and addition of every person admitting the execution of the document, and, if such execution has been admitted by the representative, assign or agent of any person, the signature and addition of such representative, assign or agent;

(b) the signature and addition of every person examined in reference to such document under any of the provisions of this Act; and

(c) any payment of money or delivery of goods made in the presence of the 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.

(2) If any person admitting the execution of a document refuses to endorse the same, the registering officer shall nevertheless register it, but shall at the same time endorse a note of such refusal.

STATE AMENDMENT

Uttarakhand

Amendment of section 58.—

In place of sub-section (1) of section 58 of the Principal Act, shall be substituted as follows; namely:-

“(1) On every document admitted to registration and true copy there of other than a copy of a decree or order or a copy sent to a registering officer under section 89, there shall be endorsed from time to time, the following particulars, namely :-

(a) the signature and addition of every person admitting the execution of the document and if such execution has been admitted by the representative, assign or agent of any person, the signature and addition of such representative, assign or agent;

(b) the signature and addition of every person examined in reference to such document, under any of the provisions of the Act; and

(c) any payment of money or delivery of goods made in the presence of the 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.”

[Vide Uttarakhand Act 24 of 2014, s. 15]

59. Endorsements to be dated and signed by registering officer.—

The registering officer shall affix the date and his signature to all endorsements made under sections 52 and 58, relating to the same document and made in his presence on the same day.

60. Certificate of registration.—

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

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

STATE AMENDMENT

Karnataka

Amendment of section 60.—

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

[Vide Karnataka Act 55 of 1976, s. 12]

Kerala

Amendment of section 60.-In sub-section (1) of section 60, for the principal Act, for the words "the document has been copied", the words "the true copy of the document has been filed" shall be substituted.]

[Vide kerala Act 7 of 1968, s. 11]

Tripura

Amendment of Section 60.—In sub-section (1) of section 60 of the principal Act, for the words “the document has been copied”, the words “the true copy of the document has been pasted” shall be substituted.

[Vide Tripura Act 7 of 1982, s. 10]

Orissa

Amendment of section 60.—

In the Principal Act, in sub-section (1) of section 60, for the words “ the document has been copied”, the words “ the true copy of the document has been filed” shall be substituted.

[Vide Orissa Act 14 of 1989, s. 10]

Uttarakhand

Amendment of section 60.—

In place of sub-section (1) of section 60 of the Principal Act, shall be substituted as follows; namely:--

"(1) After such of the provision of sections 34, 35, 58 and 59, as apply to any document, presented for registration, have been complied with, the registering officer shall endorse thereon a certificate containing the word 'registered' together with the number and pages of the books in which the laminated true copy thereof has been bound and kept."

[Vide Uttarakhand Act 24 of 2014, s. 16]

61. Endorsements and certificate to be copied and document returned.—

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

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

STATE AMENDMENT

Karnataka

Amendment of section 61.—

For sub-section (1) of section 61 of the principal Act the following sub-section shall be substituted namely:-

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

[Vide Karnataka Act 55 of 1976, s. 13]

Kerala

Amendment of section 61.—

for sub-section (1) of section 61 of the principal Act, the following subsection shall be substitute, namely:-

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

[Vide kerala Act 7 of 1968, s. 12]

Orissa

Amendment of section 61.—

In the principal Act, for sub-section (1) of section 61, the following sub-section shall be substituted, namely:—

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

[Vide Orissa Act 14 of 1989, s. 11]

Tripura

Amendment of section 61.—

In sub-section (1) of the section 61 of the principal Act, the words “themargin of” shall be omitted.

[Vide Tripura Act 7 of 1982, s. 11]

Uttarakhand

Amendment of section 61.—

In place of section 61 of the Principal Act, shall be substituted as follows; namely:-

“61.(1) Subject to the provisions of section 62, after the provisions of sections 52, 58, 59 and 60 are compiled with, every document admitted to registration along with the map or plan, if any, mentioned in section 21, shall without unnecessary delay, be scanned and a printout thereof shall be kept permanently in the Book appropriate for the document admitted to registration, according to the order of its admission;

Provided that, where, Book is not in electronic form or scanning of the document is not possible on the same day, the true copy of the document admitted to registration along with the copy of the map or plan, if any, mentioned in section 21 shall be kept in the Book appropriate for the document in the manner aforesaid for being scanned at the earliest opportunity and replaced permanently by a printout thereof;

Provided further that a true copy filed before the commencement of the Registration (Uttarakhand Amendment) Act, 2010 and not copied in the Book appropriate therefor, shall be deemed to be a true copy presented under section 32-A and shall be dealt with in accordance with the provisions of this section;

Provided also that if the true copy filed before the commencement of the Registration (Uttarakhand Amendment) Act, 2010 is dim or has otherwise become illegible and has not been copied in the Book appropriate therefor, the registering officer shall, with the prior approval of the Registrar, require the party concerned to deliver the document to him for getting its true copy prepared for the purposes of this section and if the party concerned informs him that the document has been lost or destroyed, the true copy available in the registering office shall be dealt with in accordance with the provisions of this section.

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

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

[Vide Uttarakhand Act 24 of 2014, s. 17]

62. Procedure on presenting document in language unknown to registering officer.—

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

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

STATE AMENDMENT

Karnataka

Amendment of section 62.—

For sub-section (1) of section 62 of the principal Act, the following sub-section shall be substituted, namely:--

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

[Vide Karnataka Act 55 of 1976, s. 14]

Kerala

Amendment of section 62.-

For sub-section (1) of section 62 of the principal Act, the following subsection shall be substituted, namely:-

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

[Vide kerala Act 7 of 1968, s. 13]

Himachal Pradesh

Amendment of section 62.-

In section 62 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:-

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

[Vide Himachal Pradesh Act 2 of 1969, s. 6]

Orissa

Amendment of section 62.—

In the principal Act, for sub-section (1) of section 62, the following sub-section shall be substituted, namely:—

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

[Vide Orissa Act 14 of 1989, s. 12]

Tripura

Amendment of section 62.-

In section 62 of the principal Act, for sub-section (1), the following shall besubstituted:-

“when a document is presented for registration under section 19, the true translation together with the true copy referred to in that section shall be pasted in the register of documents of the nature of the original and the second copy of the translation shall be filed with Registration Office”.

[Vide Tripura Act 7 of 1982, s. 12]

Uttarakhand

Substitution of section 62.—

In place of section 62 of the Principal Act, shall be substituted as follows; namely:--

“62. When a document is presented for registration under section 19, the original document shall be dealt with in accordance with the provisions of sections 52, 58, 59, 60 and 61 and the translation shall also be scanned along with the original document and its printout kept along with the printout of the original document, and if Book is not in electronic form or the scanning is not possible on the same day, the true copy of the translation shall be kept along with the true copy of the document in accordance with sub-section (1) of section 61, and for the purposes of making the copies and memoranda required by sections 57, 64, 65 and 66, it shall be treated as if it were the original."

[Vide Uttarakhand Act 24 of 2014, s. 18]

Uttar Pradesh

Amendment of section 62.—

In section 62 of the principal Act, after sub-section (1), the following Explanation shall be inserted, namely :—

“Explanation—Transcribing the translation in the said register includes pasting of a copy of such transition in that register.”

[Vide Uttar Pradesh Act 14 of 1971, s. 4]

63. Power to administer oaths and record of substance of statements.—

(1) Every registering officer may, at his discretion, administer an oath to any person examined by him under the provisions of this Act.

(2) Every such officer may also at his discretion record a note of the substance of the statement made by each such person, and such statement shall be read over, or (if made in a language with which such person is not acquainted) interpreted to him in a language with which he is acquainted, and, if he admits the correctness of such note, it shall be signed by the registering officer.

(3) Every such note so signed shall be admissible for the purpose of proving that the statements therein recorded were made by the persons and under the circumstances therein stated.

(C) Special duties of Sub-Registrar

64. Procedure where document relates to land in several sub-districts.—

Every Sub-Registrar on registering a non-testamentary document relating to immovable property not wholly situate in his own sub-district shall make a memorandum thereof and of the endorsement and certificate (if any) thereon, and send the same to every other Sub-Registrar subordinate to the same Registrar as himself in whose sub-district any part of such property is situate, and such Sub-Registrar shall file the memorandum in his Book No. 1.

STATE AMENDMENT

Uttarakhand

Amendment of section 64.—

In place of section 64 of the Principal act, shall be substituted as follows; namely:--

"64. Every sub-registrar, on registering an non-testamentary document relating to immoveable property not wholly situate in his own sub-district, shall make a memorandum thereof and of the endorsements and certificate (if any) thereon and send the same to every other sub-registrar, subordinate to the same Registrar, as himself, in whose sub-district any part of such property is situate and Sub-Registrar shall take similar action on this memorandum, as known (sic taken) on a document admitted to registration under sub-section (1) of Section 61."

[Vide Uttarakhand Act 24 of 2014, s. 19]

65. Procedure where document relates to land in several districts.—

(1) Every Sub-Registrar on registering a non-testamentary document relating to immovable property situate in more districts than one shall also forward a copy thereof and of the endorsement and certificate (if any) thereon, together with a copy of the map or plan (if any) mentioned in section 21, to the Registrar of every district in which any part of such property is situate other than the district in which his own sub-district is situate.

(2) The Registrar on receiving the same shall file in his Book No. 1 the copy of the document and the copy of the map or plan (if any), and shall forward a memorandum of the document to each of the SubRegistrars subordinate to him within whose sub-district any part of such property is situate; and every Sub-Registrar receiving such memorandum shall file in his Book No. 1.

STATE AMENDMENT

Uttarakhand

Amendment of section 65.—

In place of sub-section (2) of section 65 of the Principal act, shall be substituted as follows; namely:--

"(2) The Registrar, on receiving the same shall take a similar action on such copy of the document and the copy of the map or plan, if any, as taken on a document admitted to registration under sub-section (1) of section 61 and shall forward a memorandum of the document to each of the sub-registrars subordinate to him, within those sub-district any part of such property is situate and every sub-registrar, receiving such memorandum, shall take a similar action on it as taken by the Registrar under this section.".

[Vide Uttarakhand Act 24 of 2014, s. 20]

(D) Special duties of Registrar

66. Procedure after registration of documents relating to land.—

(1) On registering any nontestamentary document relating to immovable properly, the Registrar shall forward a memorandum of such document to each Sub-Registrar subordinate to himself in whose sub-district any part of the property is situate.

(2) The Registrar shall also forward a copy of such document, together with a copy of the map or plan (if any) mentioned in section 21, to every other Registrar in whose district any part of such property is situate.

(3) Such Registrar on receiving any such copy shall file it in his Book No. 1, and shall also send a memorandum of the copy to each of the Sub-Registrars subordinate to him within whose sub-district any part of the property is situate.

(4) Every Sub-Registrar receiving any memorandum under this section shall file it in his Book No. 1.

STATE AMENDMENT

Uttarkhand

Amendment of section 66.—

In place of sub-section (3) and sub-section (4) of section 66 of the Principal Act shall be substituted as follows; namely:-

"(3) Such Registrar, on receiving any such copy, shall take a similar action on it as taken on a document admitted to registration under sub-section (1) of section 61 and shall also send a memorandum of the copy to each of the sub-registrars subordinate to him, within whose sub-district any part of the property is situate."

"(4) Every sub-registrar receiving any memorandum under this section shall take a similar action on it as taken on a copy received under sub-section (3)."

[Vide Uttarakhand Act 24 of 2014, s. 21]

67. [Procedure after registration under section 30, sub-section (2).] Omitted by the Registration and Other Related Laws (Amendment) Act, 2001 (48 of 2001), s. 8 (w.e.f. 24-9-2001).

STATE AMENDMENT

Karnataka

Omission of section 67.-

Section 67 of the principal Act, shall be omitted.

[Vide Karnataka Act 24 of 1989, s. 3]

Rajasthan

Amendment of section 67, Central Act 16 of 1908.-

Section 67 of the principal Act shall be omitted.

[Vide Rajasthan Act 18 of 1989, s. 5]

Haryana

Omission of section 67 of Central Act 16 of 1908.—

Section 67 of the principal Act shall be omitted

[Vide Haryana Act 4 of 1997, s. 3]

Uttar Pradesh

Omission of section 67.—

Section 67 of the principal Act shall be omitted.

[Vide Uttar Pradesh Act 27 of 1994, s. 6]

(E) Of the Controlling powers of Registrar and Inspector-General

68. Power of Registrar to superintend and control Sub-Registrars.—

(1) Every Sub-Registrar shall perform the duties of his office under the superintendence and control of the Registrar in whose district the office of such Sub-Registrar is situate.

(2) Every Registrar shall have authority to issue (whether on complaint or otherwise) any order consistent with this Act which he considers necessary in respect of any act or omission of any SubRegistrar subordinate to him or in respect of the rectification of any error regarding the book or the office in which any document has been registered.

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

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

(a) providing for the safe custody of books, papers and documents; ²***

³ [(aa) providing the manner in which and the safeguards subject to which the books may be kept in computer floppies or diskettes or in any other electronic form under sub-section (1) of section 16A;]

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

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

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

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

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

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

(1. Subs. by the A.O. 1950, for "Provincial Government".)

(2. The words “and also for the destruction of such books, papers and documents as need no longer be kept” rep. by Act 5 of 1917, s. 6 and the Schedule.

(3. Ins. by Act 48 of 2001, s. 9 (w.e.f. 24-9-2001)

¹ [(gg) regulating the manner in which the instruments referred to in sub-section (2) of section 88 may be presented for registration;]

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

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

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

(2) The rules so made shall be submitted to the ² [State Government] for approval, and, after they have been approved, they shall be published in the ³ [Official Gazette], and on publication shall have effect as if enacted in this Act.

(1. Ins. by Act 39 of 1948, s. 4.)

(2. Subs. by the A.O. 1950, for "Provincial Government".)

(3. Subs. by the A.O. 1937, for “Local Official Gazette”.)

STATE AMENDMENT

Karnataka

Amendment of section 69.-

In sub-section (1) of section 69 of the principal Act,

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

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

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

[Vide Karnataka Act 55 of 1976, s. 15]

Kerala

Amendment of section 69.-

After clause (b) of sub-section (1) of section 69 of the principal Act, the following clause shall be inserted, namely:-

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

[Vide Kerala Act 2 of 1959, s. 3]

Himachal Pradesh

Amendment of section 69.—

In section 69 of the principal Act, in sub-section (1), after clause (b), the following clause shall be inserted, namely:-

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

[Vide Himachal Pradesh Act 2 of 1969, s. 7]

Orissa

Amendment of section 69.—

In section 69 of the Registration Act, 1908 (16 of 1908), in sub-section (1) after clause (b), the following new clause shall be inserted, namely:—

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

[Vide Orissa Act 11 of 1976, s. 2]

Tripura

Amendment of Section 69.—

In section 69 of the principal Act, in sub-section (1) after clause (b), the following clause be inserted, namely:-

“(bb) providing for the grant and renewal of licences to document writers, the revocation of licences granted to such writers and generally for all purposes connected with the writers and generally for all purposes connected with the writing of the documents and with the writing ofthe true copies of the documents to be presented for registration”.

[Vide Tripura Act 7 of 1982, s. 13]

Uttarkhand

Insertion of section 69.—

In section 69 of the Principal Act, after clause (hh), the following clauses shall be inserted, namely:-

"(hh-1) regulating the number and manner in which printouts or true copies of documents and of translation shall be prepared and the Books in which they shall be kept for record;

(hh-2) regulating the form of declaration and the manner of comparison and verification of the true copies;

(hh-3) regulating the manner in which and safeguards subject to which the Books may be kept in electronic form."

(2) After section 69 of the Principal Act, the following section shall be inserted, namely:-

"69-A Notwithstanding anything contained in any other provisions of this Act, the Inspector-General of Registration shall with the prior approval of the State Government, prepare and circulate standard formats of various kinds of documents for the guidance of the general public, which may be used with or without modifications.

Explanation:-

Use of a standard format prepared and circulated under this section shall not be a prelude to omit the descriptions of the property required under sections 21 and 22.”

[Vide Uttarakhand Act 24 of 2014, s. 22]

Uttar Pradesh

Amendment of section 69.—

In section 69 of the principal Act, after clause (h), the following clauses shall be inserted, namely :—

"(hh) regulating the manner in which translations to be delivered under section 19 shall be prepared and in which they shall be declared to be faithful translations;

(hhh) providing for the grant of licences to document writers, the suspension or revocation of such licences, the terms and conditions subject to which and the authority by whom such licences shall be granted, suspended or revoked, and generally for all purposes connected with the drafting or writing by such document writers of documents to be presented for registration;

(hhhh) regulating the manner of recopying the books kept under section 51 and the Indexes;"

[Vide Uttar Pradesh Act 14 of 1971, s. 5]

Rajasthan

Amendment of section 69, Act XVI of 1908.-

After clause (b) of sub-section (1) of section 69 of the Indian Registration Act, 1908 (XVI of 1908), the following clause shall be inserted, namely:-

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

[Vide Rajasthan Act XVIII of 1953, s. 2]

Amendment of section 69, Central Act 16 of 1908.-

After sub-section(2) of section 69 of the principal Act, the following shall be added, namely:-

"(3) The Inspector-General shall have power to issue any order consistent with this Act which he considers necessary in respect of any act or omission of any person subordinate to him or in respect of rectification of any error regarding the book or the office in which any document has been registered.".

[Vide Rajasthan Act 18 of 1989, s. 6]

Gujarat

Amendment of section 69 of XVI of 1908.—

In theprincipalAct,in section 69,insub-section (1),after clause (j), the following clause shall be added, namely:-

“(k) regulating the procedure for presentation of document, appearance for admission, endorsement, manner of affixing signature and seal, mode of payment of registration fees and other fees and such other process when the document is presented by electronic means.”

[Vide Gujarat Act 4 of 2020, s. 6]

Uttar Pradesh

Amendment of section 69.—

In section 69 of the Principal Act, in sub-section (1), after clause (d), the following clauses shall be inserted, namely :—

“(dd) providing for refund of registration fees paid in excess;

(ddd) providing for recovery of deficiency in registration fees.”]In section 69 of the Principal Act, in sub-section (1), after clause (d), the following clauses shall be inserted, namely :—

[Vide Uttar Pardesh Act 48 of 1975, s. 3]

70. Power of Inspector-General to remit fines.—

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