Section Section 66
_ In place of sub-section (3) and sub-section (4) of section 66 of the Principal
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 similar action on it aS taken on document admitted to registration under sub-section (1) of section 61 and shall also send 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).
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[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, $. 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. 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 Sub Registrar 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. The Inspector-General shall exercise general superintendence over all the registration offices in the territories under the '[State Government], and shall have power from time to time to make rules consistent with this Act 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; declaring what territorial divisions shall be recognized under section 21; regulating the amount of fines imposed under sections 25 and 34,respectively; regulating the exercise of the discretion reposed in the registering officer by section 63; regulating the form in which registering officers are to make memoranda of documents;
1. Subs. by the AO. 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, 6 and the Schedule. 3_ Ins. by Act 48 of 2001, S.9 (w.e.f: 24-9-2001).
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regulating the authentication by Registrars and Sub-Registrars of the books kept in their respective offices under section 51; [(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; declaring the holidays that shall be observed in the registration offices; and 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 *[Official Gazette], and on publication shall have effect as if enacted in this Act. 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 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, $. 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 (/), 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 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
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'
42
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 O 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 O 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]
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Rajasthan Amendment of section 69, Act XV 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 o 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 XVIof 1908. In the principalAct,in section 69,insub-section (1),afterclause (j), the following clause shall be added, namely: - 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."] [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. PART XII
OF REFUSAL TO REGISTER 71. Reasons for refusal to register to be recorded. 1) Every Sub-Registrar refusing to register document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under the document; shall, without payment and unnecessary delay, give him a copy of the reasons SO recorded.
(2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. STATE AMENDMENT
Kerala
Amendment of section 71.-~In section 71 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely: _
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"(3) No registering officer shall accept for registration any document involving transfer of property including contract for sale of immovable property belonging to Or vested in the Government of Kerala or public sector undertakings operating in the State or local self government institutions unless it is accompanied by no objection certificate issued by an officer authorised by the State Government in this behalf. [Vide Kerala Act 31 of 2013, s. 3] 72. Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than denial of execution: (1) Except where the refusal is made on the ground of denial of execution, an appeal shall lie against an order of a Sub-Registrar refusing to admit a document to registration (whether the registration of such document is compulsory O optional) to the Registrar to whom such Sub-Registrar is subordinate, if presented to such Registrar within thirty days from the date of the order; and the Registrar may reverse o alter such order: (2) If the order of the Registrar directs the document to be registered and the document is duly presented for registration within thirty days after the making of such order, the Sub-Registrar shall obey the same, and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60; and such registration shall take effect as if the document had been registered when it was first duly presented for registration: 73. Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution: (1) When Sub-Registrar has refused to register a document on the ground that any person by whom it purports to be executed, or his representative or assign, denies its execution, any person claiming under such document; or his representative, assign O agent authorised as aforesaid, may, within thirty days after the making of the order of refusal, apply to the Registrar to whom such Sub-Registrar is subordinate in order to establish his right to have the document registered: (2) Such application shall be in writing and shall be accompanied by a copy of the reasons recorded under section 71, and the statements in the application shall be verified by the applicant in manner required by law for the verification of plaints. 74. Procedure of Registrar on such application. ~In such case, and also where such denial as aforesaid is made before Registrar in respect of document presented for registration to him; the Registrar shall, as soon as conveniently may be, enquire. whether the document has been executed; (b) whether the requirements of the law for the time being in force have been complied with on the part of the applicant Or person presenting the document for registration, as the case may be, S0 as to entitle the document to registration. 75. Order by Registrar to register and procedure thereon. (1) If the Registrar finds that the document has been executed and that the said requirements have been complied with, he shall order the document to be registered: (2) If the document is duly presented for registration within thirty days after the making of such order; the registering officer shall obey the same and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58,59 and 60. (3) Such registration shall take effect as if the document had been registered when it was first duly presented for registration. The Registrar may, for the purpose of any enquiry under section 74, summon and enforce the attendance of witness, and compel them to give evidence, as if he were a Civil Court and he may also direct by whom the whole or any part of the costs of any such enquiry shall be paid, and such costs shall be recoverable as if they had been awarded in a suit under the Code of Civil Procedure, 1908 (5 of 1908). 76. Order of refusal by Registrar: (1) Every Registrar refusing to register document except on the ground that the property to which it relates is not situate within his district 0r that the document ought to be registered in the office of a Sub-Registrar,
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(b) to direct the registration of a document under section 72 or section 75,
shall make an order of refusal and record the reasons for such order in his Book No. 2, and, on application made by any person executing Or claiming under the document, shall, without unnecessary delay, give him a copy of the reasons so recorded: (2) No appeal lies from any order by a Registrar under this section o section 72. 77. Suit in case of order of refusal by Registrar:-(1) Where the Registrar refuses to order the document to be registered, under section 72 O section 76, any person claiming under such document; O his representative, assign or agent, may, within thirty days after the making of the order of refusal, institute in the Civil Court; within the local limits of whose original jurisdiction is situate the office in which the document is sought to be registered, a suit for a decree directing the document to be registered in such office if it be duly presented for registration within thirty days after the passing of such decree. (27 The provisions contained in sub-sections (2) and (3) of section 75 shall, mutatis mutandis, apply to all documents presented for registration in accordance with any such decree, and, notwithstanding anything contained in this Act; the documents shall be receivable in evidence in such suit: PART XIII
OF THE FEES FOR REGISTRATION, SEARCHES AND COPIES 78. Fees to be fixed by State Government: *xx The 2[State Government] shall prepare a table of fees payable for the registration of documents; for searching the registers; for making O granting copies of reasons, entries O documents, before on or after registration; and of extra o additional fees payable for every registration under section 30; (e)Jfor the issue of commissions; for filing translations; for attending at private residences; for the safe custody and return of document; and for such other matters as appear to the Government necessary to effect the purposes of this Act_
STATE AMENDMENT
Assam
Insertion of new Section 78A. In the principal Act, after the existing sections 78, the following new section 78A shall be inserted, namely: "78A. Power to reduce or remit fees: The State Government may, if in its opinion it is necessary in the public interest so to do, by order published in the Official Gazette, reduce O remit the fees payable in respect of any of the matters enumerated in clauses (a) to (i) of section 78, either generally or for any particular class of cases and in respect of persons generally O of any particular class O classes of persons, O in respect of any particular class Or classes of instruments. [Vide Assam Act 24 of 2013, s. 2]
The words "Subject to the control of the Governor-General in Council" omitted by Act 38 of 1920, s. 2,and the First Schedule: 2. Subs: by the A.O_ 1950, for *Provincial Government"
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Kerala
Amendment of section 78.-Section 78 of the principal Act shall be renumbered as sub-section (1) of that section, and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely: - "(2) The State Government may, if in their opinion it is necessary in the public interest so to do, by order published in the Official Gazette, remit the fees payable in respect of any of the matters encumbered in clauses (a) to (i) of sub-section (1), either generally for any particular class Or classes of cases and in respect of persons generally or of any particular class or classes of persons [Vide kerala Act 7 of 1968, s. 14]
Orissa
Insertion of new section 78-A.-~-After section 78 of the principal Act; the following section shall be inserted, namely:
678-A. Power to remit fees. The State Government, if it is of the opinion that any instrument which involves donation of property for public charitable purpose, o involves exchange of land on the initiative of the State Government in the public interest, may, by order published in the Gazette, remit the fees payable in respect of any such instrument: [Vide Orissa Act 8 of 2002,s. 7]
Uttarakhand
Insertion of section 78-B-After section 78-A of the Principal Act; the following section shall be inserted, namely: 78-B (1) The fee for the registration of a document may be charged in the form of adhesive labels for which the Inspector-General of Registration may, with the prior approval of the State Government; make rules to regulate supply and sale thereof, the persons by whom alone such sale is to be conducted and the duties and remuneration of and the fees chargeable from such persons (2) The District Registrar may, on an application of a person, make allowance for the spoiled, misused or unused adhesive labels purchased for the registration of a document is accordance with the rules made by the Inspector-General of Registration with the prior approval of the State Government_
[Vide Uttarakhand Act 24 of 2014, s. 23]
Rajasthan Amendment of section 78, Central Act XVI of 1908._ Section 78 of the principal Act shall be renumbered as sub-section (1) thereof and after sub-section (1), as So re-numbered, the following sub- section shall be added namely:_ (2) The State Government may, if in its opinion it is necessary in the public interest so to do, by order published in the official Gazette, remit O reduce the fees payable in respect of any of the matters enumerated in clauses (a) to (i) of sub-section (1), either generally or for any particular class OT classes of cases and in respect of persons generally Or of any particular class O classes of persons. [Vide Rajasthan Act 16 of 1976, s. 4] Uttar Pradesh A fter section 78 of the principal Act, the following section shall be inserted, namely "78A. Power to reduce or, remit fees. The State Government may by rule or order published in the official Gazette, reduce or remit, whether prospectively or retrospectively, in the whole o any part of the territories under its administration_ the fees chargeable in respect of any instrument or class of
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instruments, or in respect of any class of instruments when executed by or in favour of the State Government or any person or class of persons. [Vide Uttar Pradesh Act 48 of 1975, s. 4] 79. Publication of fees: A table of the fees so payable shall be published in the Official Gazette, and a copy thereof in English and the vernacular language of the district shall be exposed to public view in every registration office. 80. Fees payable on presentation.~All fees for the registration of documents under this Act shall be payable on the presentation of such documents. STATE AMENDMENT
Kerala Insertion of new section 80 A~After section 80 of the Registration Act; 1908 (Central Act 16 of 1908), the following section shall be inserted, namely:
"8O4. Recovery of registration fees in certain cases -~If on inspection Or otherwise it is found that the fee payable under this Act in relation to any document which is registered has not been paid or has been insufficiently paid or that the fee paid has subsequently been found to be insufficient due to the fact that the value of the property or the consideration, as the case may be, has not been truly set forth in the document; such fee or the difference between the fee paid and the fee due, as the case may be, may o a certificate by the Inspector General of Registration or an officer authorised by him in that behalf;, be recovered from the person who presented such document for registration under section 32, as an arrear of public revenue due on land under the provisions of the Revenue Recovery Act for the time being in force:
Provided that no such certificate shall be granted unless enquiry in the prescribed manner has been held and such person has been given a reasonable opportunity of being heard:
Provided further that no such certificate shall be granted after the expiry of a period of three years from the date of presentation of the document under section 32.
[Vide Kerala Act 21 of 1998, s. 2] Karnataka
Insertion of new section 8OA. After section 80 of the Registration Act; 1908 (Central Act 16 of 1908) the following section shall be inserted, namely: - "80A. Deficient amount of fees payable and their recovery. (1) If the value of the property has been increased under section 45A of the Karnataka Stamp Act; 1957 (Karnataka Act 34 of 1957), consequential increase in the fee for the registration of documents under this Act shall be paid by the person liable to pay the same within period of thirty days from the date, the order determining the market value of the property is communicated to him. (2) The fee payable under sub-section (1) may be recovered as an arrear of land revenue. [Vide Karnataka Act 28 of 1975,s. 2] Karnataka
Insertion of new Part after Part XIII-After Part XIII of the principal Act; the following Part shall be inserted, namely:-
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SPART XI-A
OF DEED WRITERS
8OB. Deed Writers to hold licences.-No person other than an advocate or other legal practitioner, shall for payment, write deeds unless he holds a licence granted in accordance with rules made under section 69'
[Vide Karnataka Act 55 of 1976, s. 16] Karnataka Insertion of new section 80A.-After section 80 of the Registration Act, 1908 (Central Act 25 of 1908), the following section shall be and shall be deemed to have been inserted with effect from the first day of April, 1972, namely: - "8OA. Recovery of registration fee not levied or short levied, etc --(1) If on inspection O otherwise, it is found that the fee payable under this Act in relation to any document which is registered has not been paid or has been insufficiently paid, such fee may, on certificate of the Inspector-General of Registration, be recovered from the person who presented such document for registration, aS an arrear of land revenue The certificate of the Inspector-General shall be final and shall not be called in question in any court Or before any authority: Provided that no such certificate shall be granted without giving such person, an opportunity of being heard; and (ii) an opportunity to pay the amount of fee found due from him: (2) If on inspection Or otherwise the Inspector-General of Registration finds that the amount of fees charged and paid under the provisions of this Act is in excess of that which is legally chargeable, he may, upon an application in writing O otherwise, refund the excess fee so charged and paid. (3) Nothing in sub-sections (1) and (2) shall apply to instruments executed prior to first day of April, 1972. [Vide Karnataka Act 19 of 1980, s. 2]
Himachal Pradesh
Insertion of new section 80-A.- In the Registration Act; 1908 (16 of 1908) after section 80, the following new section along with its heading shall be inserted and shall be deemed always to have been inserted, namely: - "80-A. Recovery of registration fee as arrears of land revenue and provision for refund - (D) If on inspection, or otherwise, it is found that the fee payable under this Act in relation to any document which is registered has not been paid Or has been insufficiently paid, such fee may, after failure to pay the same on demand within specified period, on certificate of the registering authority concerned, be recovered from the person who presented such document for registration under section 32 aS an arrear of land revenue_ (2) Where the Registrar finds the amount of fee in excess of that which is legally chargeable has been charged and paid under the provisions of this Act; he may, upon an application in writing O otherwise, refund the excess_
[Vide Himachal Pradesh Act 1 of 1982, s. 2]
Orissa
Insertion of new section 80-A. In the principal Act; after section 80, the following section shall be inserted namely: s80-A. Recovery of deficient registration fee as arrears of land revenue:-~If, on inspection or otherwise, it is found that the fee payable under this Act in relation to any document which is registered
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has been insufficiently paid, the deficient fee shall, after failure to pay the same on demand within the prescribed period, be recoverable from the person who presented such document as arrears of land revenue
[Vide Orissa Act 19 of 1991, s. 3]
Haryana Insertion of section 80A in Central Act 16 of 1908 After section 80 of the Registration Act; 1908, the following new section shall be inserted, namely: - 80A . Deficient amounts of fees payable and their recovery: If the value f the property O1 the consideration, as the case may be, has been increased under section 47A of the Indian Stamp Act, 1899, the consequential increase in the fee for the registration of documents under this Act; shall be paid by the person liable to pay the same within a period of thirty days from the date the order of determination of the value of the property or the consideration, as the case may be, is communicated to him. (2) The fee payable under sub-section (1) may be recovered as an arrear of land revenue. [Vide Haryana Act 36 of 1973,s. 2] Uttar Pradesh Insertion of New section 80-A and 80-B.~After section 80 of the principal Act; the following section shall be inserted, namely S80A. Duty of Collector in proceedings under section 47A of the Indian Stamp Act, 1899. It shall be the duty of the Collector; if he is satisfied, during the proceedings, if any, under section 47A of the Indian Stamp Act, 1899, that the fee for registration paid under this Act in respect of a document is in deficit, to determine in the course of such proceedings the deficient amount of fee and to send a copy of the order made in the proceedings to the registering officer for the recovery of the said amount from the person liable to pay the deficient amount of stamp duty under the said section. (2) An order of the Collector under sub-section (1) shall be deemed to be an order made by the Collector under section 47A of the Indian Stamp Act, 1899 and shall be final. (3) Any amount recoverable under this section may be recovered as arrears of land revenue. 80B. Recovery of deficient registration fee as arrears of land revenue and provision for refund for excess_ (1) If on inspection Or otherwise, it is found that the fee payable under this Act in relation to any document which is registered has not been paid or has been insufficiently paid, such fee may (after failure to pay the same on demand within the prescribed period), on certificate of Inspector-General of Registration, Additional Inspector-General of Registration or Deputy Inspector-General of Registration, be recovered from the person who presented such document for registration under section 32 as arrears of land revenue. Such certificate shall be final and shall not be called in question in any court or before any authority: Provided that no such certificate shall be granted unless due enquiry is made and such person has been given an opportunity of being heard: (2) Where the Inspector-General of Registration finds that the amount of fee charged and paid exceeds that which is legally chargeable under the provisions of this Act he may, upon an application in writing Or otherwise, refund the excess. [Vide Uttar Pradesh Act 48 of 1975,s. 5]
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West Bengal Insertion of new section 8OA: After Part XIII of the main Act; insert the following Parts XIIIA and XIIIB, namely: -
PART XIIIA
OF TOUTS
80A. Powers to frame and publish lists Of touts. (1) Every Registrar of district as regards his own office and the offices subordinate thereto and every Sub-Divisional Magistrate as regards the registration offices within his own jurisdiction may frame and publish lists of persons proved to his satisfaction O to the satisfaction of any Sub-Registrar as provided in section 8OB, by evidence of general repute or otherwise, habitually to act as touts, and may, from time to time, alter and amend such lists. (2) No person's name shall be included in any such list until he shall have had an opportunity of showing cause against such inclusion. (3) Where the name of any person is included in a list framed and published by Sub-Divisional Magistrate under this section, such person may, within thirty days of the publication of the list in which his name first appears, apply in writing to the Registrar of the district for the removal of his name from such list and the orders of the Registrar; passed after such inquiry (if any) as he considers necessary, on such application shall be final. 80B. Inquiry by Sub-Registrar regarding suspected touts ~Any Registrar of a district or Sub- Divisional Magistrate may send to any Sub-Registrar within the jurisdiction of such authority the name of any person alleged Or suspected to be a tout and request the Sub-Registrar to hold an inquiry in regard to such person; and the Sub-Registrar shall thereupon hold an inquiry into the conduct of that person, and, after giving him an opportunity of showing cause as provided in sub-section (2) of section 8OA, shall report to the authority who has made the request whether the person has been proved to the satisfaction of the Sub-Registrar to be a tout; and that authority may include the name of any person who has been so proved to be a tout in the list of touts framed and published by him under sub-section (1) of section 80A: Provided that such authority shall hear any such person who, before his name has been so included, appears before him and desires to be heard: 8OC. Hanging up of lists of touts in registration offices:-~A copy of every such list shall be kept hung up in every registration office to which the same relates. 80D. Exclusion of touts from precincts of registration offices -~A registering officer may, by general or special order, exclude from the precincts of his registration office any person whose name is included in any such list. 80E. Presumption as to touts found within precincts of registration offices -~Every person who having been excluded from the precincts of a registration office under section 8OD is found within the precincts of any registration office without written permission from the registering officer, shall be deemed to be acting as a tout for the purposes of section 82A: Provided that this section shall not apply where such person is party to a document intended for registration at such office o has been directed to appear by any process of the registering officer: 8OF . Arrest and trial of touts. (1) Any registering officer may, by an order in writing, direct any person named in the order to arrest any such tout found within the precincts of the registration office: Such tout may be arrested accordingly and shall be forthwith produced before the registering officer:
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If the tout admits his offence the provisions of sections 480 and 481 of the Code of Criminal Procedure, 1898,shall be applicable, so far as may be, to his detention, trial and punishment If the tout does not admit his offence the provisions of section 482 of the said Code shall be similarly applicable to his detention, trial and punishment, (3) A registering officer shall be deemed to be Civil Court for the purposes of sections 480, 481 and 482 of the said Code.
PART XIIIB
OF DEED-WRITERS
80G. Power of Inspector-General to make rules relating to deed-writers -(1) The Inspector- General shall have power; from time to time, to make rules consistent with this Act-- (a) prescribing the manner in which and terms subject to which persons who write documents outside the precincts of a registration office, O who frequent the precincts of registration offices, for the purpose of writing documents, may be granted licences; (b) prescribing the fees (if any) to be paid for such licences; and (c) declaring the conditions under which persons who write documents outside the precincts of registration offices without licences shall be deemed to be touts for the purposes of this Act: 2 The rules so made shall be submitted to the State Government for approval, and, after they have been approved, they shall be published in the Official Gazette and on publication shall have effect as if enacted in this Act:]
[Vide Bengal Act 5 of 1942, s. 9]
PART XIV
OF PENALTIES
81. Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure: ~Every registering officer appointed under this Act and every person employed in his office for the purposes of this Act; who, being charged with the endorsing; copying, translating O registering of any document presented or deposited under its provisions, endorses, copies, translates O registers such document in a manner which he knows o believes to be incorrect; intending thereby to cause or knowing it to be likely that he may thereby cause, injury, as defined in the Indian Penal Code (45 of 1860), to any person, shall be punishable with imprisonment for a term which may extend to seven years, O with fine, or with both: STATE AMENDMENT
Karnataka
Amendment of section 81.-In section 81 of the principal Act; in the marginal heading, for the words the registering' the words registering Or filing' shall be substituted; (ii) for the words "or registering of any document' the words "registering Or filing a true copy of any document' shall be substituted; (iii) for the words "or registers such document' the words "registers or files copy of such document" shall be substituted. [Vide Karnataka Act 55 of 1976, $. 17]
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Kerala
Amendment of section 81.-In section 81 of the principal Act,- for the words "or registering of any document" the words " registering; Or filing a true copy, of any document" shall be substituted; (b for the words ~or registers such document"= the words "registers, or files a true copy of, such document" shall be substituted.
[Vide Kerala Act 7 of 1968, s. 15] Orissa Amendment of section 81.~In the principal Act, in section 81, for the words or registering of any document" the words "registering Or filing a true copy of any document" shall be substituted; (b for the words "or registers such document' the words "registers or files a true copy of such document" shall be substituted.
[Vide Orissa Act 14 of 1989, s. 13] Tripura Amendment of section 81. For section 81 of the principal Act, the following shall be substituted, namely: "81. Every registering officer appointed under this Act, and every person employed in his office for the purposes of this Act; who, being charged with the checking endorsing reading, examining, copying, translating, comparing, pasting a true copY, pasting a copy of the translation Or registering of any document presented 0r deposited under its provisions checks, endorses, reads, examines, copies, translates, compares, pastes a true copy, pastes a copy of the translation Or registers such document in a manner which he knows or believes to be incorrect intending thereby to cause or knowing it to be likely that he may thereby cause injury as defined in the Indian Penal Code, to any person, shall be punishable with imprisonment for a term which may extend to seven years, O with fine, Or with both: [Vide Tripura Act 7 of 1982, $. 14] 82. Penalty for making false statements, delivering false copies or translations, false personation; and abetment: Whoever (a) intentionally makes any false statement, whether on oath or not;, and whether it has been recorded Or not; before any officer acting in execution of this Act, in any proceeding O enquiry under this Act; Or (b) intentionally delivers to a registering officer, in any proceeding under section 19 0r section 21, false copy or translation of a document, or false copy of a map or plan; or (c falsely personates another, and in such assumed character presents any document, Or makes any admission or statement; O causes any summons o commission to be issued, Or does any other act in any proceeding O enquiry under this Act; O abets anything made punishable by this Act; shall be punishable with imprisonment for a term which may extend to seven years, O with fine, Or with both:
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STATE AMENDMENT
Karnataka
Amendment of section 82.--In clause (b) of section 82 of the principal Act; the following the words and figures "under section 19 or section 21' the words "under this Act or the rules made thereunder" shall be substituted.
[Vide Karnataka Act 55 of 1976, s. 18] Insertion of new section 82A, After section 82 of the principal Act; the following section shall be inserted namely: - "82A. Penalty in respect of deed writers. Whoever contravenes the provisions of section 8B O any term or condition of licence granted under rules made under section 69, shall be punishable with imprisonment which may extend to one month or with fine which may extend to two hundred rupees or with both"] [Vide Karnataka Act 55 of 1976,s. 19] Kerala Amendment of section 82.-In clause (b) of section 82 of the principal Act; for the words and figures "section 19 or section 21= the words "this Act o the rules made thereunder"' shall be substituted [Vide kerala Act 7 of 1968,s. 16] Orissa Amendment of section 82._ In the principal Act, in clause (b) of section 82, for the words and figures section 19 or section 21" the words this Act or the rules under thereunder" shall be substituted. [Vide Orissa Act 14 of 1989, S. 14] Tripura Amendment of Section 82.-For sub-section (b) of section 82 of the principal Act, the following shallbe substituted, namely: (b) intentionally delivers to a registering Officer, in any proceeding under this Act or the rules madethereunder, a false copy O translation of a document, or a false copy of a map O plan; or" [Vide Tripura Act 7 of 1982, s. 15] Uttar Pradesh Amendment of section 82.~In section 82 of the principal Act, for clause (b) the following clause shall be substituted, namely (b) intentionally delivers to a registering officer, in any proceeding under section 18-A, section 19 O1 section 21, a false copy or translation of document or false copy of a map Or plan O makes false declaration or_
[Vide Uttar Pradesh Act 14 of 1971, s. 5] 83. Registering officers may commence prosecutions. 1) A_ prosecution for any offence under this Act coming to the knowledge of a registering officer in his official capacity may be commenced by O with the permission of the Inspector-General, *xx the Registrar or the Sub-Registrar, in whose territories, district or sub-district; as the case may be, the offence has been committed. (2) Offences punishable under this Act shall be triable by any Court O officer exercising powers not less than those of a Magistrate of the second class.
The words the Branch Inspector-General of Sindh omitted by the AO. 1937_
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STATE AMENDMENT
Kerala
Insertion of new sections 83A and 83B. After section 83 of the principal Act, the following sections shall be inserted, namely: "83A. Cancellation of registered documents in certain cases. (1) If on enquiry by an officer in the Registration Department not below the rank of the deputy Inspector General of Registration, it is found that some one has falsely personated another; and in such assumed character presented, admitted the execution and got registered any document by registering officer and the existence of such document is detrimental to the interest of another person, the same shall be cancelled by the Inspector General of Registration on application made to him in such form as may be prescribed (2) If on an enquiry conducted by the District Collector suo motu or on the basis of a complaint received by him; it is found that any Government land or land owned by a public sector undertaking; has been transferred on the strength of a document which is got registered without following the procedure prescribed in sub-section (3) of section 71, the District Collector may make recommendation to the Inspector General of Registration to cancel the registration of such document: (3) On receipt of such recommendation from the District Collector; the Inspector General of Registration shall have the authority to cancel the registration of such document after following such procedure as may be prescribed. 83B. Appeal to Government from orders of the Inspector General 0f Registration. Any person aggrieved by an order of the Inspector General of Registration under section 834, may prefer an appeal before the Government within thirty days from the date of receipt of such order, and the Government shall pass an order confirming, modifying Or cancelling the order of the Inspector General of Registration as they deem fit." [Vide Kerala Act 31 of 2013, s. 4] 84. Registering officers to be deemed public servants. Every registering officer appointed under this Act shall be deemed to be public servant within the meaning of the Indian Penal Code (45 of 1860). (2) Every person shall be legally bound to furnish information to such registering officer when required by him to do so_ (3) In section 228 of the Indian Penal Code (45 of 1860), the words ""judicial proceeding" shall be deemed to include any proceeding under this Act: PART XV
MISCELLANEOUS
85. Destruction of unclaimed documents. Documents (other than wills) remaining unclaimed in any registration office for & period exceeding two years may be destroyed. 86. Registering officer not liable for thing bona_ fide done or refused in his official capacity. ~No registering officer shall be liable to any suit, claim o demand by reason of anything in good faith done or refused in his official capacity. 87. Nothing so done invalidated by defect in appointment o procedure. Nothing done in good faith pursuant to this Act or any Act hereby repealed, by any registering officer; shall be deemed invalid merely by reason of any defect in his appointment O procedure. STATE AMENDMENT Orissa Insertion of new section 87-A (Act 16 of 1908). After section 87 of the Indian Registration Act; 1908 (16 of 1908) (hereinafter referred to as the principal Act), the following new section shall be inserted, namely: -
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"87-A. Delegation of powers_ The State Government may, by order; delegate all o any of the powers conferred on them under this Act to the Inspector-General of Registration, who shall exercise the same subject to such restrictions and conditions as the State Government may impose and they may in like manner withdraw any power so delegated: [Vide Orissa Act 7 of 1964,s. 2] [88. Registration of documents executed by Government officers or certain public functionaries: (1) Notwithstanding anything contained in this Act, it shall not be necessary for; any officer of Government, Or any Administrator-General, Official Trustee or Official Assignee, O the Sheriff; Receiver or Registrar of a High Court, Or the holder for the time being of such other public office as may be specified in a notification in the Official Gazette issued in that behalf by the State Government, to appear in person or by agent at any registration office in any proceeding connected with the registration of any instrument executed by him or in his favour; in his official capacity, O to sign aS provided in section 58. (2) Any instrument executed by or in favour of an officer of Government or any other person referred to in sub-section (Z) may be presented for registration in such manner as may be prescribed by rules made under section 69. (3) The registering officer to whom any instrument is presented for registration under this section may, if he thinks fit, refer to any Secretary to Government O to such officer of Government O other person referred to in sub-section (7) for information respecting the same and, on being satisfied of the execution thereof; shall register the instrument:] 89. Copies of certain orders, certificates and instruments to be sent to registering officers and filed: (1) Every officer granting a loan under the Land Improvement Loans Act; 1883 (19 of 1883), shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole or any part of the land to be improved or of the land to be granted as collateral security, is situate, and such registering officer shall file the copy in his Book No. 1. (2) Every Court granting certificate of sale of immovable property under the Code of Civil Procedure, 1908 (5 of 1908), shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole o any part of the immovable property comprised in such certificate is situate, and such officer shall file the copy in his Book No. 1. (3) Every officer granting a loan under the Agriculturists Loans Act; 1884 (12 of 1884), shall send a copy of any instrument whereby immovable property is mortgaged for the purpose of securing the repayment of the loan, and, if any such property is mortgaged for the same purpose in the order granting the loan, a copy also o that order, to the registering officer within the local limits of whose jurisdiction the whole o any part of the property $O mortgaged is situate, and such registering officer shall file the copy or copies as the case may be, in his Book No. 1. Every Revenue Officer granting a certificate of sale to the purchaser of immovable property sold by public auction shall send a copy of the certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the property comprised in the certificate is situate, and such officer shall file the copy in his Book No. 1. STATE AMENDMENT
Karnataka Insertion of new section 894.~After section 89 of the principal Act; the following section shall be inserted namely: -
1. Subs. by Act 39 of 1948, s. 5, for section 88
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"89A. Power to make rules for filing of copies of documents --(1) The State Government may make rules for all purposes connected with the filing of true copies of documents in the appropriate books under this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for (a) the furnishing of true copies of documents by the person presenting the documents for registration; (b) the manner in which true copies of documents shall be prepared; and (c) the manner of filing of such copies. (3) All rules made under this section shall be published in the Official Gazette, and unless they are expressed to come into force on particular day, shall come into force on the day on which they are SO published: (4) Every rule made under this section shall be laid as soon aS may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form O be of no effect; as the case may be; sO however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule ' [Vide Karnataka Act 55 of 1976, $. 20] Kerala
Amendment of section 89-In section 89 of the principal Act, sub-section (1) and (3) shall be omitted: b) after sub-section (4), the following sub-sections shall be inserted, namely: - "(5) Every court passing (a) any decree or order creating, declaring; transferring, limiting O extinguishing and right; title or interest to or in immovable property in favour of or of any person, or (b) an order for the attachment of immovable property or of the release of any immovable property from attachment; Shall send a copy of such decree or order together with memorandum describing the property, as far a5 may be practicable in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction the whole o any part of the immovable property comprised in such decree Or order is situate, and such officer shall file the copy and memorandum in his Book No 1. Every officer issuing a written demand before the attachment of the immovable property of a defaulter under the Revenue Recovery Act of the time being in force shall - send a copy of such written demand together with memorandum describing the property, as far as may be practicable in the manner required by section 21;and b) where such written demand is withdrawn or attachment of the property is lifted or the property is sold and the sale is confirmed, send a memorandum indicating that fact and describing the property, as far as may be practicable in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction the whole or any party of the immovable property to which the written demand relates is situate and such registering officer shall fiel the copy of the written demand and the memoranda [ his Book No. 1,5, [Vide Kerala Act 7 of 1968, s. 17]
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Insertion of new section 894.-After section 89 of the principal Act, the following section shall be inserted, namely:-
"89A. Power to make rules for filing of true copies of documents --(1) The State Government may make rules for all purposes connected with the filing of true copies of documents in the appropriate books under this Act: (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for (a) the manner in which true copies of documents shall be prepared; and b the manner of filing such copies. (3) All rules made under this section shall be published in the Official Gazette and unless they are expressed to come into force on particular day, shall come into force o the day on which they are SO published: (4) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session Or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following; the Legislative Assembly makes any modification in the rule or decides that rule should not be made, the rule thereafter have effect only in such modified form or be of no effect as the case may be; SO, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. [Vide kerala Act 7 of 1968,s. 18]
Orissa
Insertion of new section 89A (Act 16 of 1908).
A fter section 89 of the Indian Registration Act; 1908 (16 of 1908), the following new section shall be inserted, namely: "89-A. Duty of Collector in proceedings under section 47-A 0f the Indian Stamps Act; 1899 (2 of 1899).--(1) It shall be the duty of the Collector,; if he is satisfied during the proceedings, if any, under section 47-A of the Indian Stamp Act; 1899 (2 of 1899) that the fees for registration paid under this Act in respect of a document is in deficit; to determine in the course of such proceedings the deficient amount of fees and to send a copy of the order made in the proceedings to the registering officer for recovery of the said amount from the person liable to pay the deficient amount of stamp duty under the said section; and all amounts recoverable as aforesaid may be recovered as arrears of land revenue_
(2) An order of the Collector under sub-section (1) shall be deemed to be an order made by the Collector under section 47-A of the Indian Stamp Act, 1899 (2 of 1899) and shall be final subject to the decision in appeal, if any, under sub-section (3) of the said section.
[Vide Orissa Act 17 of 1966, s. 2]
Orissa
Insertion of new section 89. In the principal Act, after section 89-A, the following section shall be inserted, namely: 689-B. Power of State Government to make rules.-(1) The State Government may, by notification in the official Gazette, make rules for all purposes connected with the filing of true copies of documents in the appropriate books under this Act.
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(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for, a) the furnishing of true copies of documents by the person presenting the documents for registration; (b) the furnishing of true copies of documents by the person presenting the documents for registration; the manner of filing such copies. [Vide Orissa Act 14 of 1989, s. 15]
Orissa
Amendment of section 89-A--In Section 89-A of the principal Act, in Sub-section (1), for the words and to send copy of the order made in the proceedings to the registering officer for the recovery of the said amount' the words and to recover the said amount of fees along with the deficient amount of stamp duty' shall be substituted: [Vide Orissa Act 8 of 2002,s. 8] Uttarakhand Amendment of section 89. Sub-section (1), (2), (3) and (4) of section 89 of the Principal Act shall be substituted as follows; namely: - (1) Every officer granting a loan under the Land Improvement Loans Act, 1883 (XIX of 18833 shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole, o any part of the land to be improved, or the land to be granted as collated security, is situate, and such registering officer shall take similar action on it as taken on a document admitted to registration under sub-section (1) of section 61. (2) Every Court granting a certificate of sale of immovable property under the Code of Civil Procedure, 1908 (V of 1908) , shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole O any part of the immoveable property, comprised in such certificate, is situate and such officer shall take a similar action on it as taken on a document admitted to registration under sub-section (1) of section 61. (3) Every officer granting a loan under the Agriculturists Loans Act; 1884 (XII of 1884) shall send a copy of any instrument whereby immovable property is mortgaged for the purpose of securing the repayment of the loan and if any such property is mortgaged for the same purpose, in the order granting the loan, a copy, also the order, to the registering officer within the local limits of whose jurisdiction, the whole o any part of the property mortgaged is situate and such registering officer shall take a similar action o it as taken on a document admitted to registration under sub-section (1) of section 61. (4) Every Revenue Officer granting a certificate of sale to the purchase of immovable property, sold by public auction, shall send copy of the certificate to the registering officer, within the local limits of whose jurisdiction, the whole or any part of the property comprised in the certificate is situate and such officer shall take similar action on it as taken on document admitted to registration under sub-section (1) of section 61. [Vide Uttarakhand Act 24 of 2019, s. 24]
Rajasthan Amendment of section 89, Central Act XVI of 1908.-In section 89 of the principal Act, after sub- section (4), the following sub-section shall be added, namely: - "(5) Every Bank granting a loan to an agriculturist for agricultural purposes, shall send within such time and in such manner as may be prescribed, a copy of any instrument whereby immovable property is mortgaged for the purpose of securing repayment of the loan, to the registering officer within the local
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limits of whose jurisdiction the whole or any part of the property So mortgaged is situate, and such registering officer shall file the copy in his Book No. 1. Explanation. For the purpose of sub-section (5), (a) the expression "every bank" shall mean - (i) banking company as defined in the Banking Regulation Act, 1949; (ii) the State Bank of India constituted under the State Bank of India Act; 1955; (iii) a subsidiary bank as defined in the State Bank of India (Subsidiary Bank) Act; 1959 (iv) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act; 1970; banking institution notified by the Central Government under section 51 of the Banking Regulation Act; 1949; (vi) the Agricultural Refinance Corporation constituted under the Agricultural Re-finance Corporation Act; 1963; (vii) Agro-Industries Corporation (viii) Agricultural Finance Corporation Ltd ; a company incorporated under the Companies Act; 1956; and (ix) any other financial institution notified by the State government in the Official Gazette as bank for the purpose of this Act: b the word 'agriculturist" shall have the meaning assigned to it in sub-section 3) of section 5 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955). [Vide Rajasthan Act 16 of 1976,s. 5] Gujarat Insertion of new sections 894, 89B, 89C and 89D in XVI of 1908. In the principal Act; after section 89, the following sections shall be inserted, namely: - 3894. Copies of court decrees attachment orders; etc- , to be sent to Registering Officers and filed in registers. ~Every court passing;- a) any decree or order creating, declaring, transferring; limiting Or extinguishing any right, title Or interest to Or in immovable property in favour of any person, or (b) an order to interim attachment or attachment of immovable property or for the release of any immovable property from such attachment shall, in accordance with the rules made in this behalf, shall send copy of such decree or order together with memorandum dcecrbi8ffiker the property as far as may be practicable, in the manner required by section 21, to the Registering within the Iocal limits of whose jurisdiction the whole O any KPe thefopyorroe abemoondtmn €2RB Bodk Nouch of the immovable property ` comprised in,such decree or order; is situated, and such officer shall Provided that,where the immovable property is situated within the local limits of the jurisdiction of more than one Officer, the procedure specified in clauses a) and (b) of this sub-section shall be followed in RRcgipecitg the property within the jurisdiction of each of such officer: (2) Every officer issuing & certificate of sale or written demand before the attachment of the immovable property of a defaulter under the provisions of any law relating to Revenue Recovery for the time being in force includingthe Revenue Recovery Act; 1890, shall, (a) send a copy of such certificate of sale or written demand together with a memorandum describing the property, as far as may be practicable, in the manner required by section 21; (b) where such written demand is withdrawn Or attachment of property is lifted 0r the property sold and sale is confirmed, send a memorandum indicating that fact and describing that property, as far as may be practicable, in the manner required section 21, to the Registering Officer within the local limits of whose jurisdiction the whole o any part of the immovable property to which the written demand is situate, and such registering officer shall file a copy of the written demand and memorandum in his Book No 1:
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Provided that; where the immovable property is situate within the local limits of the jurisdiction of more than one Registering Officer; the procedure specified in clauses (a) and (b) ofthis sub-section shall be followed in respect of the property within the jurisdiction of each of such officers "89B. Notice to be sent to Registering Officers by mortgag or in case of mortgage by depositing title deeds and provisions for compensation in favour of subsequent transferee. Every person who has mortgaged immovable property by way of mortgage by depositing title deeds under clause (f) of section 58 of the Transfer of Property Act, 1882 (4 of 1882) shall, within 30 days from the date of mortgaged, file a notice of intimation of his having So mortgaged the property giving details of his name and address, name and address of mortgagee, date of mortgage, amount received under the mortgage, rate of interest payable, list of documents deposited, and description of the immovable property in the manner required by section 21,to the registering officer within the local limits of whose jurisdiction the whole or any part of the property is situated, and the said officer shall file the same in his cook No 1: Provided that if the property so mortgaged falls within the jurisdiction of more than one registering officer; the procedure specified in this sub-section shall be followed in respect of property within the jurisdiction of each of sum officers. (2) If,theperson whohas mortgaged the property as aforesaid failstofileanotice within 30days asreferred to in sub-section (1) before the registering officer Or officers, as the case may be and enters into any transaction in relation to of affecting the immovable property which is subject matter of the mortgage, with a third party, such a transaction shall be void and the third party shall be entitled to refund any amount paid byhim together with interest at twelve per cent. from the date of payment and also to compensation for any damages suffered by him, from the transferor: (3) The amount recoverable by such transferee as specified in sub-section (2) shall be a charge on the interest of the mortgagor, in the mortgaged property: Provided that; nothing in this section shall apply to the instruments of agreement relating to mortgage by deposit of title deeds which aredulyregistered under the provisions of this Act 89C. Punishment for failure to file notice under section 89B. ~Any person who fails to file a notice under section 89B to the registering officer along with fees, within the period specified inthat section, shall be punished with imprisonment for term which shall not be less than one years but which may be for a term which may beextend uptothreeyears and shall also be liable to fine. 89D . Power to make rules for filing of true copies of documents notices referred in sections 894 and 89B - (1) The State Government in any, by notification in the Official Gazette, make rules for carrying out the purposes of section 89A and section 8 9B. (2) In particular and withoutprejudice to the generality ofthe foregoing powers, such rules may provide for,- the manner in which notices or the copies of documents shall be prepared, and (b) the manner of filing of the notices or true copies. (3) All rules made under this section shall, be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to rescission by the State Legislature orto such modifications as the Strife Legislature may make, during the session in which they are so laid or the session immediately following: (4) Any - rescission Or modification So made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect: [Vide Gujarat Act 4 of 2020,s. 7] Exemption from Act 90. Exemption of certain documents executed by 0r in 4 of Government: 1) Nothing contained in this Act O in the Indian Registration Act, 1877 (3 of 1877), o in the Indian Registration Act, 1871 (8 of 1871), Or in any Act thereby repealed, shall be deemed to require, to have at any time required, the registration of any of the following documents O maps, namely:
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documents issued, received Or attested by any officer engaged in making a settlement O revision Or settlement of land-revenue, and which form part of the records of such settlement; O (b) documents and maps issued, received O authenticated by any officer engaged on behalf of Government in making O revising the survey of any land, and which form part of the record of such survey; or (c) documents which, under any law for the time being in force, are filed periodically in any revenue office by patwaris Or other officers charged with the preparation of village records; Or sanads, inam, title-deeds and other documents purporting to be or to evidence grants or assignments by Government of land O of any interest in land; O (eJnotices given under section 74 or section 76 of the Bombay Land-Revenue Code, 1879 Bomb. 5 of 1879), o relinquishment of occupancy by occupants, or of alienated land by holders of such land: (2) AlL such documents and maps shall, for the purposes of sections 48 and 49, be deemed to have been and to be registered in accordance with the provisions of this Act 91. Inspection and copies of such documents. '[(1)] Subject to such rules and the previous payment of such fees as the ?[ [State Government], by notification in the Official Gazette, prescribes in this behalf], all documents and maps mentioned in section 90, clauses (c), (b), (c), and (e), and all registers of the documents mentioned in clause (d), shall be open to the inspection of any person applying to inspect the same, and, subject as aforesaid, copies of such documents shall be given to all persons applying for such copies. 4[(2) Every rule prescribed under this sub-section O made under section 69 shall be laid, as soon as it is made, before the State Legislature:] STATE AMENDMENT Tripura Insertion of new section 91A.-After section 91 of the principal Act; the following new section shall be inserted, namely: -
91-A. (1) The State Government may, by notification in the Official Gazette, make rules for all purposes connected with the pasting of true copies of documents in the appropriate Books under this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for (a) the furnishing of true copies of documents by the person presenting the document for registration; the manner in which true copies of documents shall be prepared; the manner in which the true copies of documents shall be compared with the original documents after the same are admitted to registration and the manner of pasting such copies: (3) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly of Tripura, while it is in session for a total period of not less than fourteen days which may be comprised in one session Or in two O more successive sessions, and if, before the expiry ofthe session in which it is so laid or the successive sessions in which it is so laid or the successive sessions aforesaid, the Legislative Assembly agrees in making any modification in the rule or the
1. Section 91 renumbered as sub-section 1) thereof by Act 20 of 1983, s. 2 and Schedule 2. Subs by the AO. 1950, for "Provincial Government" 3 . Subs_, ibid_, for "State Government prescribes in this behalf . Ins. by Act 20 of 1983,s. 2 and Schedule (W.e.f: 15-3-1984)
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Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be Or no effect, as the case may be; SO, however; that any such modification Or annulment shall be without prejudice to the validity of anything previously done under that rule [Vide Tripura Act 7 of 1982, $. 16]. 92. [Burmese registration-rules confirmed] Rep. by the Government of India (Adaptation of Indian Laws) Order, 1937. 93. [Repeals] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Schedule.
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THE SCHEDULE. [Repeal of Enactments] Rep. by the Repealing Act, 1938 (1 of 1938), $. 2 and the Schedule.
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Roop's Law Assist