Registradion Manual Udtar Pradesh

1 · Appointment of District Registrars - Under Section 6, Act XVI of 1908, as amended by Act IV of 1914, all permanent appointments in the office of the District Registrar are made by the local Government and the power of appointing Sub-Registrars has been delegated by the local Government to the Inspector General of Registration.

2 · All District Judges, except that of Kumaun and UttaraKhand, the Sessions and Civil Judges of Banda, Mirzapur Jaunpur and Pilibhit and the Collectors of Naini Tal, Almora Garhwal and Tehri-Garhwal, Pithoragarh and Chamoli are ex-officio District Registrars for the purposes of the Registration Act: Additional Judges are not ex-officio District Registrars.

3 · Temporary absence of District Registrars - When a District Registrar is absent from headquarters and no locum tenses is appointed the Additional Judge, if any Or the Senior Judicial officer shall ordinarily be appointed to act as District Registrar during such absence, but the District Registrar may, in the circumstances mentioned in Section 11 of the Act, appoint the Sub-Registrar at headquarters of other official of the district; who will perform all the duties of a District Registrar except those enumerated in Sections 68 and 72 of the Act.

1 · Short title and commencement -(1) These rules may be called The Uttar Pradesh Service of Inspectors of Stamps and Registrar Rules, 1942" _ (2 They shall be deemed to have come into force with effect from July 2, 1938, but nothing in these rules shall be construed as invalidating any appointments made, O orders issued O purporting to have been made O issued, under the provisions of the Uttar Pradesh Stamps Service Rules O of the Uttar Pradesh Service of Inspectors of Registration Offices Rules, Or of both the said sets of rules taken together, of otherwise, before the publication of these rules, and any such appointments O orders shall be deemed to have been made or issued respectively under the appropriate provisions of these rules 5. Rule 2. Status of the Service. The Uttar Pradesh Service of Inspectors of Stamps and Registration is a Provincial (State) Services. 6. Rule 3. Definitions. In these rules, Unless there is anything repugnant in the subject of context; (a) "Commission means the Uttar Pradesh Public Service Commission; b) "District Registrar means the Registrar of the district appointed under Section 6 of the Indian Registration Act, 1908; "Government' means the Government of the Uttar Pradesh (d) "Governor" means the Governor of the Uttar Pradesh e) 'High Court" means the High Court of Judicature at Allahabad; (f) "Inspector General' means the officer holding the post of Inspector General of Registration; Chief Inspector of Offices and Stamps, and Junior Secretary, Board of Revenue, Uttar Pradesh; (g) "Member of the Service" means a person appointed in a substantive capacity to a post in the cadre of the Service under the provisions of these rules, or in cadre of the Uttar Pradesh Stamps Service or the Uttar Pradesh Service of Inspectors of Registration Offices under the superseded rules relating to those services or to a post of Inspector of Stamps and Registration previous to the publication of these rules;

7 · . Rule 4. Strength of the Service. The sanctioned strength of the service consists of eleven posts of Inspector of Stamps and Registration, including that of Personal Assistant to the Inspector General: Provided that the Governor may- (1) hold in abeyance or leave unfilled any vacant post in the cadre of the Service without thereby entitling any person to compensation; O (2) create additional permanent or temporary post in the cadre of the Service from time to time as may be found necessary.

8 · RuleS . Sources from which appointments are to be made. (1) Appointment to the Service shall be made by- Promotion of Sub Registrars; (ii) Promotion of (a) Stamp reporters on the staff of the High Court; (b) Inspectors of Offices; (c)Munsarims of Civil Courts; and (d) Officials of the Stamps and Registration Departments other than Sub- Registrars. (2) The Governer shall in each case determine the source from which a vacancy shall be filled: As far as may be the allocation of the posts in the cadre of the Service amongst the various classes of officials mentioned in the preceding sub-rule shall be as follows; five posts shall be filled by promotion of Sub-Registrars, and (ii) two posts shall be filled by promotions of persons belonging to any class mentioned in clause(ii)of the preceding sub-rule.

9 · Rule 6. Age. A person shall not be eligible for appointment to the Service unless he has put in at least 10 years of service in a permanent capacity on one of the posts mentioned in rule 5 1) and has not attained the age of 48 years on the first day of August of the year in which the appointment is to be made 10. Rule 7. Educational Qualifications: (1) AJ person desirous of entering the service, shall hold a degree of a university established by law in Uttar Pradesh or of any other university recognized for this purpose by the Governor; but other things beings equal, preference shall be given to a person who holds a degree in law: Provided that the Governor may, in consultation with the Commission, waive the requirements of this sub-rule in the case of a person of outstanding merit and ability. Note. The B.A and B.Sc. degrees of universities outside Uttar Pradesh established by law in India, have been recognized for the purpose of this sub-rule. No person shall be eligible for appointment to the service unless he can read and write Hindi and Urdu with case. PART IV Procedure 11. Rule &. [Deleted]

12 · Rule 9 Procedure for appointment by promotion of Sub- Registrars

14 · Rule 11. Procedure for appointment by promotion of other officials. (1) For the purposes of appointment under clause (ii) of sub rule (1) of Rule 5 a selection strictly on merit shall be made from amongst the

14 · Rule 11. Procedure for appointment by promotion of other officials. (1) For the purposes of appointment under clause (ii) of sub- rule (1) of Rule 5 a selection strictly on merit shall be made from amongst

16 · Rule 13. Appointing authority. Appointments to the Service shall be made by the Governor:

17 · Rule 14. Probation: Every person shall on appointment to a permanent post in the cadre of the Service otherwise than in an officiating

18 · Rule 13. Training; departmental examination and confirmation. (1) At the beginning of the period of probation prescribed in the preceding rule every officer shall be trained for a period of approximately six weeks in the office of the Board of Revenue, Uttar Pradesh, in the law relating to Courte-fees and stamps. Thereafter the Inspector General shall arrange for his training in the law and procedure relating to stamps and registration in association with himself 0r with one of the senior members of the Service, Or with both for such period not exceeding six months, as the Inspector General may consider to be necessary in each case.

19 · Rule 16. Monthly rates of pay. (1) The monthly rates of pay admissible to persons appointed to posts in the cadre of the Service, whether in a substantive or officiating capacity or as a temporary measure, shall be Rs. 300-25-400-E. B. 30.550-E. B. 30-700-E. B. 50-900 per mensem:

20 · Rule 17 . Canvassing: No recommendations, either written or oral, other than those of the authorities empowered by these rules to make nominations or recommendations for appointment to the service, shall be taken into consideration: Any attempt on the part of a candidate to enlist support for his candidature by other means may disqualify him.

21 · Rule 18. Personal Assistant: (1) The Inspector General may, with the approval of the Governor in each case, and without regard to seniority, appoint a member of the Service having an aptitude for secretarial work, to the post of Personal Assistant mentioned in rule 4.

2 · The post of Personal Assistant shall be a tenure post for a term not ordinarily exceeding three years.

22 · Rule 19. Seniority. The seniority of members of the Service appointed by promotion shall be determined in accordance in accordance with the date of the order of appointment:

23 · Rule 20. Appointments etc: to be notified. All appointments, confirmations, promotions, reversions, suspensions, and leave arrangements shall be notified in the official Gazette. 24. Rule 21. Regulation of other conditions of service. Except as provided by these rules the pay, allowances, leave, pension and other conditions of service of persons appointed to posts in the Service shall be regulated by the general rules made by the Governor under paragraph (b) of sub-section (2) of Section 241 of the Government of India Act; 1935, and pending the issue of such rules, by the rules continued in force by Section 276 of the said Act and by and in accordance with the provisions of paragraph 15 (2) of the Government of India (Commencement and Transitory Provisions) Order 1936.

30 · Tour. Unless otherwise ordered by the Inspector General of Registration each Inspector must inspect every Sub-Registrars office in his circle at least twice a year and every District Registrar' $ office at least once a year: He should inspect at least eight offices every month and is required to be on inspection tour for a least 230 days in the year: As a rule Inspectors should spend 20 days o tour every month, except in the month of June; when; under the orders of the Inspector General of Registration, they or may of them may be allowed to say a their respective headquarters and do such office and other work as is entrusted to them or may be required inspect, outside their circles any of those districts where Civil Courts remain open during that month.

31 · Circles and Inspectors. The Inspector General may from time to time alter the limits of Inspector' $ circles; provided that the circles shall at all times be So arranged as to give each Inspector as nearly as possible an equal share of the work to be done.

32 · Tours of Inspectors: The Inspector General may from time to time arrange for each Inspector the general direction of his tour and the order in which the several districts and to be visited. An Inspector will usually intimate to each District Registrar at least a fortnight in advance, the probable date on which he will arrive in his district, and the order in which he proposes to inspect the sub-offices, and will at the same time ask for any particular instructions from the District Registrar as to matters which may require special attention.

33 · Tour diaries: Each Inspector shall keep up a diary in Form No. 26, Appendix III (bound volumes and loose sheets of which will be supplied from the office of the Inspector General) In this diary shall be entered daily concise account of all journeys performed and business transacted. He shall submit to the Inspector General on the first of each month a copy of his diary for the preceding month: The diary is not to include any matter with respect to which separate reports as directed in paragraph 40, are required to be submitted, but is to be confined to a brief and accurate statement of the nature of the duties performed by the Inspector from day to day.

34 · Establishment: Each Inspector will be allowed one peon at Government expense but no tents or camp equipage.

35 · Punishment to orderlies of Inspectors: The power to appoint and punish orderlies of Inspectors of Registration offices rests with the Inspector General of Registration. The procedure laid down in Rule 55 of

36 · Each Inspector will be supplied with the necessary stationery; forms and service postage stamps from the office of the inspector General.

37 · Traveling allowance. Inspectors and their peons will be entitled to traveling allowance according to the rules laid down in the Financial Handbook; Volume III Traveling allowance bills for themselves as well as their peons shall be submitted by Inspectors to the Inspector General for countersignature punctually every month.

38 · Duties of Inspectors Subject to any special direction which may be issued under Rule 32 by District Registrars, it is the duty of each Inspector to minutely examine and fully report upon every Sub- Registrar' $ office within his circle. His functions are confined to inspection and report; he is not empowered to direct any changes in the existing procedure O in the distribution of work All such orders will be issued upon his reports by the District Registrar O, if necessary, by the Inspector General. But these instructions do not absolve him from responsibility to explain all minor points of law and procedure, as laid down in the Manual, on which there may be a doubt or which he may find being misunderstood.

39 · Inspectors should insist on compliance with the rules in all offices and should not insert suggestions involving alteration of rules in their inspection notes. Such suggestions should be submitted along with their annual reports. When noting an irregularity or mistake of any kind, Inspectors should invariably state what explanation the Sub-Registrar offered:

40 · Guide to Inspectors: For the purpose of guiding and assisting Inspectors as to the points to be examined the list of questions contained in Appendix VII has been drawn up. But it must be clearly understood that these questions are not intended to exhaustive, and that the inspection may, and should, extend to may matters not included therein into which it may appear necessary to enquire.

41 · Forms of report: The report will be drawn up in the form of answers to the prescribed question. Each question answered will be cited by its number only. No entry of either question O answer need be made in the case of matters in which the office is found to be entirely in order; so that the answer would be simply yes" or *no' The number of the question must, however, be cited and a full answer given in all cases in which an irregularity has been detected, or in which the Inspector finds it desirable to make a suggestion or to give any instruction or advice. At the close of each section of the report the Inspector should add any remarks which he desires to make on the general state of the work or upon points which cannot conveniently be brought under any of the foregoing question.

42 · Record of visit and submission of report: Immediately on the completion of the inspection of an office, the Inspector will record in ordinary inspection book of the office a brief note of the fact of such inspection and of the general opinion he has formed as to he accuracy and punctuality with which the work is carried on. This note should enter into no detail, and should not ordinarily exceed half a dozen lines. The complete inspection report in Form No. 27, Appendix III, must be written and signed in the office at the time of inspection. A complete copy of this report shall be submitted to the District Registrar of the district by post within one week from the date of inspection. The District Registrar will, on receipt of this report, proceed to deal with all matters requiring his orders, taking explanation of the officials concerned where necessary, and will send a copy of the report with orders thereon to the Sub-Registrar concerned, to be retained in his office for his future guidance. The District Registrar will also forward a copy of the report, with a statement of the action taken by him and any further remarks or suggestions he may see fit to offer; to the Inspector General.

43 · Inspectors must comply carefully with Rules 13 and 15 of the rules for the inspection and supervision of stamps in Uttar Pradesh published as Appendix GG to the Stamp Manual.

44 · Halts and marches: Halts for purposes of inspection shall be confined to the period required exclusively for official work and shall on

45 · Each Inspector shall submit to the Inspector General not later than the 1st of February each year a report on the condition and progress of registration within his circle during the previous calendar year:

47 · . Rule 2. Status of the service. The service of Sub-Registrars is a subordinate service.

48 · Rule 3. Definitions: In these rules, unless there is anything repugnant in the subject o context;-

49 · Rule 4. Cadre. The sanctioned strength of the service at present is 214,but the Governor-

51 · Rule 6. Communal representation. In making direct recruitment to the Service care shall be taken to secure a reasonable representation of the different communities and to prevent the preponderance of any one class or community.

52 · Rule 7. Nationality, domicile and residence. No person shall be recruited to the Service under Rule 5 (1) (i) unless he be-

53 · Rule & Sex: A candidate for recruitment t0 the Service must be a male.

54 · Rule 9. Age: (1) A candidate for direct recruitment must have attained the age of 25 years and must not have attained the age of 27 years on the firs day of April of the financial year following that in which the competitive examination is held.

55 · Rule 10. Academic Qualification: (1) A candidate for direct recruitment to the Service must be a Bachelor of Law of a University established by law in the Uttar Pradesh Or of any other University in India recognized for this purpose by the Governor; Uttar Pradesh, and must be reasonably familiar with Hindi and Urdu and be able to write in Persian as well as Nagri scripts.

56 · Rule 11. Character. The character of a candidate for direct recruitment must be such as to qualify him for appointment to the Service. He must produce certificates of good character from the principal academic officer of the school, college O university in which he last studied and from two respectable persons of status, other than his relations, who are well acquainted with him in private life and who are unconnected with the school, college or university in which he studied:

57 · Rule 12. Competitive examination. (1) Applications for permission to sit at the competitive examination shall be invited by the Commission and hall be in the prescribed form which may be obtained from the Secretary to the Commission.

58 · Rule 13. Syllabus and rules for the examination: The syllabus and rules relating to the examination shall be prescribed by the Commission with the approval of the Governor:

59 · Rule 14. Fees. Candidates must pay in the commission such fees as may from time to time be prescribed by the Governor. No claim for refund of these fees shall be entertained.

60 · Rule 15. Selection of candidates. (1) After the marks obtained by candidates in the written test have been received a consolidated list of the candidates shall be prepared in order of merit and laid before the Commission: The list should show neither the roll numbers nor the names of the candidates, but should oly give the serial number in order of merit; the community to which the candidates belong and the marks obtained by them in the written test: The Commission shall summon for interview as many candidates as have shown their suitability for appointment in the written test, having regard to the necessity for securing due representation of the communities and classes for which reservation has been made, and shall award marks up to a maximum of 50 to each such candidate for this suitability for appointment in respect of character, personality, address and physique. The marks so allotted shall be added to the marks obtained in the written examination:

61 · Rule 16. Procedure for promotion of candidates from amongst the clerical establishment 0 registration offices and Inspector General s office. (1) For the purposes of recruitment by promotion under Rule 5 (1) (ii) a selection strictly on merit shall be made from amongst the persons eligible for such promotion under the rules

5 · The Committee shall consider the cases of all the nominees, and if necessary, after interviewing all O any of them, prepare a list containing the name of the candidates whom it recommends for promotion, the number of names in the list being equal to the number of vacancies to be filled by promotion. The Committee shall also prepare a supplementary list containing in Oder of merit the name of other candidates whom it considers fit for promotion, the number of names in the supplementary list being not less than half nor more than the number of names in the main list.

6 · The Inspector General shall forward both the lists to the Commission together with the character rolls and personal files, if any, of the candidates included therein, and shall ask the Commission to advise on the suitability for promotion of the candidates included in the main list: If the Commission is of the opinion that any of those candidates is not suitable for promotion, it shall consider the names in the supplementary list in the order in which they appear in that list and shall advise on the suitability of so many of the candidates in the supplementary list as may be necessary in order to provide a number 0 suitable candidates equal to the number which it is proposed to recruit by promotion. In advising on the suitability of candidates for promotion, the commission shall not arrange their names in order of preference.

62 · Rule 17. Physical fitness. (1) No person shall be appointed as a member of the service unless he be in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties aS a member of the Service.

63 · Rule 18. (1) The Inspector General shall make appointment to the Service on the occurrence of substantive vacancies by taking candidates alternately, so far aS this may be possible, from the two lists prepared under Rules 15 (3) and 16 (8). Candidates shall be taken in the order in which they stand in the lists and the first candidate taken shall be from the list prepared under Rule 16 (8). If available. Should it happen that candidates on the two lists are not absorbed in permanent vacancies in the

64 · Rule 19. Probation; departmental examination and confirmation: (1) Every person shall, on appointment to a post of Sub-Registrar in a substantive vacancy, be placed on probation fro a period of two years:

65 · Rule 20. (1) Subject to the provisions of the Revised Rates of pay Rules (19310 and the Revised Rates f Pay Rules (1939) the rates of monthly pay admissible to persons appointed to pots in the cadre of the service whether in a substantive or officiating capacity O as a temporary measure shall be as follows:

66 · Rule 21. Canvassing; No recommendations, either written or oral, other than those required under these rules will be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly shall hold the candidate responsible for disqualification:

67 · Rule 22. Seniority. Seniority in the service will be determined by the date of the order of appointment in & substantive vacancy:

68 · A. Rule 23. Such conditions of service of a person appointed to a post in the service as are not provided for in these rules shall be regulated by separate rules made under paragraph (b) of sub-rule (2) of Section 241 of the Government of India Act, 1935, and pending the issue f such rules, by the rules which were in force immediately before the commencement of Part III of the Act and which have continued in force by virtue of Section 276 of the Act.

1 · The standard of the examination will be that of an intermediate parts. 2. The examination will be held in the following subjects viz:

3 · From the marks assigned to candidates in each subject such deduction will be made as the Commission may consider necessary in order to secure that no credit is allowed for merely superficial knowledge.

4 · If a candidate' s handwriting is not easily legible a deduction which may be of considerable amount will be made on his account from the total marks otherwise accruing to him

5 · Viva voce. The maximum marks will be 50.

2 · Examination fee- Rs. 25 for candidates other than scheduled caste candidates, and Rs. 15 for scheduled caste candidates.

68 · Applications from persons already in Government service must be submitted through their superior officers and through the District Magistrate of the district of their permanent residence. Only in very exceptional circumstances will such applications be entertained,

69 · Approved candidates will be expected to undergo a period of training at a suitable center before being placed in the independent charge of an office. A departmental examination for probationary Sub-Registrars

70 · Register of approved candidates for Sub-Registrarship. No list of candidates for Sub-Registrarship will be maintained in future by District Registrars. They may in their discretion maintain lists of persons fitted to occupy temporary vacancies, but copies of this need not be sent to the Inspector General and the persons entered in it have no claims to be appointed as permanent Sub-Registrars.

71 · One his first appointment as Sub-Registrar will not ordinarily be put in charge of an office. He will be posted to one of the principal registration circles to learn work and be available for filling temporary vacancies. When not officiating in leave Or vacancies he will assist the Sub-Registrar of the headquarter' s office, other office in the circle to which the District Registrar may post him: He will exercise the powers prescribed for a joint Sub-Registrar working in the office of a Chief Sub- Registrar.

72 · On his first appointment a Sub-Registrar will ordinarily be placed at the bottom of the lowest grade. A Sub-Registrar appointed on account of approved Government service in another department may be placed in any position in any grade.

73 · (1) Admission to the first four grades of Rs. 200 and upwards in the old scale will be reserved for men with a good knowledge of English, who are suitable for the charge of important offices.

74 · A Sub-Registrar may be reduced to a lower grade for misconduct O neglect of duty. On reduction he will be placed at the head of the grade to which he is reduced, but his future promotion will be regulated by Rule 73 (4).

75 · A Sub-Registrar may be reduced one Or more places within his grade for misconduct O neglect of duty.

76 · When a Sub-Registrar is promoted into a higher grade his position in that grade will be a the bottom of the grade; provided that a Sub-Registrar who has been reduced under Rule 74 or 75 may on promotion be restored to his original place in the list.

77 · Grading, promotions and reductions will be regulated by the Inspector General of Registration in accordance with these rules:

78 · Absence of Sub-Registrars from station: No Sub-Registrar may absent himself from his station without leave. He should obtain the permission of the District Registrar if he wishes to leave his station o gazetted holidays.

79 · Casual leave. District registrars are authorized to grant during each calendar year casual leave of absence not exceeding 14 days to each officer. Holidays or non-working days of any kind, if included in the period of absence, must be reckoned as part of the maximum of fourteen days.

80 · Privilege and other leave: All departmental Sub-Registrar shall, for purposes of leave, be governed by Rule 35 of the rules framed by the local Government under Rule 66 of the Fundamental Rules in Financial Handbook; Volume II In cases of emergency the District Registrar may relieve a Sub-Registrar in anticipation of the sanction of the leave to which the Sub-Registrar is entitled.

81 · Temporary appointment of Sub-Registrars When a Sub-Registrar proceeds on leave of absence or is temporarily absent-

82 · Reports of temporary appointments: All temporary appointments made under the preceding rules will be reported to the Inspector General annually in Form No. 5, Appendix III, in accordance with Section 13 of the Act.

83 · Transfer. The power of transferring departmental Sub-Registrars from one place to another is vested in the Inspector General. District Registrars are also empowered to transfer Sub-Registrars from one office to another within the district; provided that no such transfer shall be made without obtaining previous approval of the Inspector General, if a Sub- Registrar has not completed tow years at the office 0 if there is a special order f the Inspector General for any Sub-Registrar to be retained in a particular office for a certain period. An application by a Sub-Registrar for transfer to another district shall be submitted through the District Registrar who is empowered to withhold the application if he iS not prepared to support it:

84 · The District Registrar may suspend a Sub-Registrar pending inquiry: The Inspector General of Registration may sanction the prosecution of a Sub-Registrar:

85 · Sub-Registrar's security. All departmental Sub-Registrars are required to furnish Rs. 200 as security:

86 · Traveling allowance: Departmental Sub-Registrars who receive grade pay shall be entitled to receive traveling allowance in accordance with the provisions of the Financial Handbook; Volume III.

87 · The departmental and public officers mentioned in Appendix VI have been appointed Sub-Registrars in the several districts therein specified. Persons specially appointed under Rules 46 to 68 are designated departmental Sub-Registrars. Officers of other departments who perform registration duties by virtue of their office in addition to their duties are called ex officio Sub-Registrars.

88 · When the office is at the headquarters of a tahsil, and the total receipts do not exceed Rs. 500 per annum the Tahsildar shall ordinarily be Sub- Registrar ex officio.

89 · Pay of ex officio Sub-Registrars: The allowance to Tahsildars and others ex officio Sub-Registrars in permanent charge of registration offices has been fixed by Government at rates varying according to the receipts and the importance of the office.

90 · When an ex officio Sub-Registrar takes leave of absence the official who acts for him will draw the registration allowance.

91 · When an ex officio Sub-Registrar leaves headquarter' s jurisdiction on duty and the charge of the registration work devolves on the Naib- Tahslidar, or other official left in charge of the current duties of the office, and the absence does not exceed seven days, the substitute will receive no remuneration; and the Sub-Registrar will be responsible for the correct and punctual performance of the work. But when the absence exceeds seven days at a time, the substitute will receive a share of the

92 · Acting allowances: When a Tahsildar or any other Government servant is appointed to officiate as a departmental Sub-Registrar in addition to his own duties, his pay and allowances will be governed by Fundamental Rule 49 and orders of the Government there under: When the circumstances do not justify a formal officiating appointment under the orders of the Government under Fundamental Rual 49 and a Government servant is only placed in charge of the duties of a post of departmental Sub-Registrar, he may be allowed a special pay of Rs.10 per mensem for the additional work: When the absence of the Sub-Registrar does not exceed a week and another Government servant is placed in charge of only the current duties of the post, he will not be entitled to any additional or special pay.

93 · Tahsildar may be appointed to officiate as a Sub-Registrar in addition to his own duties in a vacancy caused by the resignation or death of a departmental Sub-Registrar.

94 · Appointment of Chief of Registration Clerk: Appointment to the post of a Chief Registration Clerk in District Registrar'$ offices shall be made by the District Registrar from amongst the permanent registration clerks in his district possessing the following qualifications:

94 · A. Appointment of registration clerks (1) Appointment to the post of registration clerks in Sub-Registrars offices and in District Registrars offices shall be made by the District Registrar as prescribed in this rule and in Rule 97 .

95 · Strength of establishment: The strength and remuneration of registration establishment shall vary according to the amount of work to be performed in each office and will undergo periodical review. As a general rule one clerk any be allowed for every 1,000 documents registered annually, but the average length of documents and amount of copying and other miscellaneous work will be taken into account: The Sub-Registrar will be expected to carry on the work without the assistance of a clerk; provided that the total number of documents registered during the year does not exceed 500. When necessary; the Inspector General of Registration may transfer a post of a registration clerk from one registration district to another temporarily for a period not exceeding one year, subject to the condition that a report is submitted for the information of Government aS soon as such a transfer is made.

96 · Establishment: The power to sanction temporary establishments within the limits of budget provision and up to a rate of pay not exceeding Rs. 150 per mensem in each case is vested in the Inspector General of Registration, subject to the following conditions:

98 · Control to be maintained over clerks. Registering officers should maintain a vigilant control over their clerks, and not place them in closer contact with the public than is unavoidable. Ordinarily registering officers should keep in their own hands the duty of receiving documents or money; the recording of endorsements; and the returning of documents. If it is necessary to leave any of these duties to the clerk; they should be performed by him in the presence, and under the direct supervision of the registering officer: The issue of commissions to registration clerks for the examination of executants at private residences, jails, etc. under Section 33 or 38, Act XVI of 1908, is prohibited, except in case of extreme urgency; such cases should always be reported to the District Registrar.

99 · Promotion and reduction of clerks: In filling up vacancies, the claims of all deserving clerks in the registration district should invariably be first considered: and when it is necessary to displace a clerk on account of reduction of establishment; etc. the junior clerk in the registration district should ordinarily be discharged, and the displaced clerk should take his place. Reference can be made to the Inspector

100 · Clerks to be employed solely on registration work. Registration clerks are to be employed exclusively on the work for which they are paid, and are not to be required to take part in the work of other departments. Registration clerks should also be strictly prohibited from drawing up or engrossing instruments in the registration of which they may subsequently be required to take part and from seeking O accepting any post, employment or office in addition to their duties in the Registration department without the previous sanction of the Inspector General of Registration.

101 · Employment of unpaid apprentices. The employment of unpaid apprentices in registration offices is strictly prohibited, except in special cases, and with the previous sanction in writing of the District Registrar of the district or of the Inspector General, which sanction can be at any time with drawn: It should, at the same time, be clearly understood that; as the employment of an unpaid apprentice can only be regarded as a convenience to the Sub-Registrar himself, such service will not be recognized as giving any claim to appointment

102 · Service books and character rolls of clerks: A service book in the form prescribed by the Civil Service Regulations shall be kept up for all registration clerks paid by Government: Remarks on character and conduct by superiors should be recorded in the character roll which shall be maintained in the prescribed form as required by paragraph 355 of the Manual of Government Orders. Any observations which inspecting offices may desire to make should be recorded in the office inspection book. 103. Officiating appointments. When a registration clerk is appointed to officiate in another department the whole of his pay and allowances shall be charged to that department, and no portion of it will be admitted as a charge against the Registration department: But the pay and allowances of his locum tenens in the registration office will form a charge against the department:

104 · [Deleted].

105 · Registration clerk should be granted traveling allowance when transferred.

106 · Sub-Registrars are empowered to grant full casual leave to their subordinate clerks within the limits prescribed under Rule 79, subject to the condition that they always and without delay report to the Registrar their action in allowing O disallowing such leave All such leave shall be noted in the leave register to be maintained in manuscript in each Sub- Registrar' $ office.

107 · . Punishments: Subordinate officials are subject to the rules regarding punishment contained in the Manual of Government Orders, paragraphs 368 to 377.

108 · Office salary bill. Registrars of districts will prepare a consolidated bill on account of fixed salaries of tahsildars and other ex officio Sub-Registrars and of departmental Sub-Registrars in the current forms of the Accounts Department: In a separate bill should be drawn the salaries and allowances (if any) of all ministerial and menial establishments paid by Government arranged in the order of sections given in Appendix. A to the Accountant General' s standing orders. When the registration district comprises two O more revenue districts or portions thereof, separate bills must be prepared for each revenue district.

109 · An establishment order book in Form No. 32 Appendix II, shall be maintained in the office of every District Registrar. In this book the final result of each order passed by him, the subject of leave, promotion, reversion; etc.= of individual officials of the Registration Department under his control will be shown: The chief registration clerk will invariably check the office copies of the establishment pay bills by comparison with the entries in the establishment order book and, the District Registrar who passes the establishment pay bills by comparison with the entries in the establishment order book and, the District Registrar who passes the establishment pay bills should also occasionally check a few items with the establishment order book.

110 · This bill be presented or forwarded to the officer incharge of the treasury of the revenue district concerned for payment in cash on account of the office at headquarters and off offices at places other than the headquarters of a tahsil, and for issue of cash orders on sub-treasuries on account of other offices. District Registrars will remit the salaries of Sub-Registrars and their establishments at places other than the headquarters of a tahsil by money order, and debit the money order

112 · Service book of Sub-Registrars. Service books in the form prescribed by the Civil Service Regulations shall be kept in the District Registrars offices for every departmental Sub-Registrar holding a substantive appointment on the permanent establishment:

113 · Character rolls: A character roll of each departmental Sub- Registrar Shall be maintained in the office or the Inspector General or Registration and the instructions contained in paragraph 355 to 357 of the Manual of Government Orders shall apply mutatis mutandis to all such rolls. The Inspector of the circle shall submit through the District Registrar Concerned early in April each year a confidential report in column 2 of the form prescribed below, about the preceding financial year' S work and conduct of each Sub-Registrar in his circle. The Inspector shall also record a certificate on each report, if he can conscientiously do so, the effect that nothing has come to his knowledge which casts any doubt the Sub-Registrar'$ official integrity. If, however; such a certificate cannot be given in the case of any Sub-Registrar the Inspector shall bring out this fact prominently in the report. Such an entry shall be self-contained and shall, so far as possible, give the reasons for withholding the certificate.

114 · Traveling allowance. District Registrars, when on inspection tour, will charge their traveling allowance to the head from which their salaries are drawn, and not to the Registration department, vide Article 824-A, Civil Account Code.

115 · Permanent advance. District Registrars and allowed a permanent advance to the extent shown in Appendix IV for contingent expenditure of their own and subordinate offices.

116 · Annual acknowledgment to the Accountant General. At the close of each official year and whenever there is a change of incumbency, District Registrars will send an acknowledgment of the advance to the Accountant General, Uttar Pradesh:

117 · Permanent advances, how to recoup: The permanent advance will not be repaid into the treasury, but shall be recouped from time to time, when necessary, by the submission of a bill or bills supported by the needful vouchers.

118 · Contingent charges. Contingent charges are divided into the following heads:

119 · Contract contingencies. Contract contingencies are those for which a lump sum is allotted annually to each District Registrar, within which he can spend without any further sanction. At the beginning of each financial year the Inspector General will distribute to District Registrars the allotment sanctioned by Government or the year.

120 · . Heads of charges: Under contract contingencies shall be included the following charges:

121 · Money how to be drawn. Contract contingent charges will be drawn from the treasury upon bills in the form prescribed by the Accountant General. No sub-vouchers are required and no details need be

122 · Vouchers to be preserved in certain cases. Disbursing officers are responsible for keeping and reproducing when required any sub-voucher of his expenditure except those which he is authorized to destroy (Accountant, General' s Circular No. 144, dated the 20' th April, 1889).

123 · Final bill for the year. A bill must always be drawn on or immediately before 31 March of each year for all expenditure up to date. Money drawn from the treasury after that date come out of the allotment of the next year and it is contrary to the principle of the scheme that expenditure incurred in the current year should be in any way held over; after being incurred, to be paid out of the allowances of the next year:

124 · Non-contract contingencies. Non-contract contingencies are those which cannot be incurred without the sanction of the Inspector General or of Government, previously obtained:

125 · Heads of charges. Under non-contract contingencies shall be included the following charges:

126 · Money, how to be drawn: The money required for non- contract contingencies will be drawn from the treasury upon abstract bills in the forms prescribed by the Accountant General, the number and date of sanctioning Orders being noted thereon:

127 · Contingent registers. A separate register will be kept up for each of the two classes of contingencies, viz, one for contract contingencies and a second for non-contract contingencies, in the form prescribed by the Accountant General. The entries in these registers will be made in accordance with Chapter VI of the Civil Account Code.

128 · Quarterly report of contingent expenditure: District Registrars should report to the Inspector General quarterly in Form No. 4, Appendix III, the quarterly expenditure under both heads.

129 · Contingencies of departmental Sub-Registrars. Contingent charges (including hot and cold weather charges) of departmental Sub- Registrars will be borne by Government:

130 · Contingencies of ex-officio Sub-Registrars. Sub-Registrars, ex officio, will be paid the actual expenses of their offices up to a limit of one rupee per clerk per mensem. The charges will similarly be debited against the District Registrars, contract grant:

131 · Holidays. In the offices of District Registrars and Sub- Registrars, the holidays annually prescribed for Revenue Courts by the Board of Revenue, Uttar Pradesh, and local holidays sanctioned by the Collector of the district may be observed; but it will be optional with District Registrars and Sub-Registrars to keep their offices open o any holiday:

132 · Office hours. The offices of all Sub-Registrars shall be open for not less than six hours daily, Sundays and holidays excepted, and shall ordinarily open at 1Oa.m. If it be found necessary to change these hours a notice to the effect shall, with the approval of the District Registrar, be affixed in each office for the information of the public.

133 · Where registering officers have other duties to perform, a certain portion of each day should be allotted exclusively to registration work. The time so set apart shall be made generally known, and a written notice of it shall be exhibited in a conspicuous and accessible part of the building in which the registration office is located. The notice should state the hours at which documents will be received and returned daily.

134 · Weekly report by Sub-Registrars to District Registrars Every Sub-Registrar will submit to the District Registrar of his district a weekly report of documents and applications for copies remaining

135 · Form of weekly report: This report shall be in the form prescribed in Appendix III, Form No. 1. It should invariably be sent o Monday following the week to which it relates. It will be understood that this form will suffice for the majority of the returns submitted. When any mischief or injury to the records has to be reported, Or where a special explanation is necessary regarding delay in returning documents, or complying with applications for copies, this form should not be used, but a separate report in manuscript submitted.

136 · Reports to be scrutinized. The weekly report should on receipt in the District Registrar' $ office, be carefully scrutinized and orders issued by District Registrars where necessary.

137 · Monthly returns by Sub-Registrar to District Registrars Every Sub-Registrar shall submit to the District Registrar of his district by the 5th of each month a statement showing the transactions of his office for the preceding month in Form No. 2, Appendix III.

138 · Monthly returns to be prepared according to month of account: The monthly return will be prepared not according to the calendar month; but according to the month of account, as it is absolutely necessary, that the figures given in the different accounts and returns should exactly agree with those shown in the treasury accounts. The details of work done should be given in the same statement as that which shows the receipts on account of it: Sub-Registrars should ascertain the fixed closing date of the sub-treasury accounts and bring to the credit of Government on the date all fees then in hand. It may sometimes happen in the case of officers at places other than the headquarters of a tahsil who credit their receipts monthly, that the entire receipts of the month are not credited in time for inclusion in the accounts of the current month: This should never happen in the month of December; and with proper care should very rarely occur at other times. But in the event of this happening, to prevent a disagreement between the accounts of the Registration Department and the treasury, the number of registration of that month and the receipts and expenditure should be omitted from the current month' s accounts, an explanatory note being made in the column for remarks. In the following month'$ returns the statistics of two months

139 · Scrutiny of Sub-Registrar's return in District Registrar' s office. When the District Registrar receives the monthly returns above described for Sub-Registrar he will have them carefully examined. An amalgamated statement of receipts and disbursements for each revenue district should then be prepared in the District Registrar' $ office and sent to the headquarters treasury concerned for verification: The total figures for the revenue district should correspond with the treasury credits and disbursements. On verification by the treasury the District Registrar shall send a certificate verifying the total receipts and disbursements for the month to each office. The certificate shall show these amounts in words as well as in figures and shall be filed with the invoices for that month:

140 · Quarterly returns of District Registrars: Every District Registrar will submit to the office of the Inspector General the following quarterly returns for his district:

141 · District Return No. I. This return shall be in the same form- Form No. 2, Appendix III- as is prescribed for Sub-Registrars, but it shall be submitted to the Inspector General in English: The District Registrar shall fill in the transaction of his own office for the quarter: He hall next transcribe from the vernacular returns and transactions of the several Sub- Registrars subordinate to him, each office being entered separately. Care must be taken always to preserve the same order of offices, as want of uniformity in this respect causes inconvenience in the preparation of general returns in the office of the Inspector General. This remark applies

142 · District return No. II: This return is prescribed in Rule 128, and will be prepared in Form No. 4, Appendix III, in English: It is only necessary to enjoin a watch on the progress of the expenditure under each head as compared with the budget for it. A progressive total of all expenditure must be made monthly, and will include all payments under each head from the commencement of the year to the end of the last expired month:

143 · Annual return by Sub-Registrars to District Registrars: Every Sub-Registrar shall prepare, as soon as possible, after the close of the year; a statement in Form No. 6 given in Appendix III, and submit the same t0 the District Registrar not later than the 10th of January:

144 · Annual return of District Registrars: Every District Registrar shall, in like manner, prepare a consolidated statement for his district in Form No. 6 given in Appendix III, and submit the same to the Inspector-General of Registration not later than the 1 st of February, accompanied by a report reviewing the operation of the year as laid down in Rule 153. District Registrars should be careful to check this annual return by the monthly ones to see that the figures in the former exactly coincide with the aggregate of the corresponding figures in the latter: Inattention to thee maters may lead to unnecessary delay, trouble and correspondence.

145 · Miscellaneous annual returns by District Registrars: In addition to the above the following miscellaneous annual returns shall also be submitted:

146 · Detailed statement of establishment: Every District Registrar shall submit to the Inspector General with his quarterly statements in April in each year, a copy of the statement submitted by him to the Accountant General (under Article 62 of the Civil Account Code, Volume I).

147 · Returns of officials over 55 years of age. The annual return will contain the list of all departmental Sub-Registrars, who have passed the age of 55 or will reach it within the coming year. The return will be prepared in Form No. 12, Appendix III: Against each officer in the list, will be recorded the District Registrar' $ own recommendation, an opportunity, if possible, being taken of personally seeing and examining each Sub-Registrar at or before the preparation of the return: A Sub- Registrar who has attained the age of 55 should ordinarily be required to retire and should not be retained in service except where unquestionable public grounds for retention exist and there is no doubt as to the physical fitness of the officer.

148 · On receipt of this list the Inspector General 0 Registration will submit the list (received from the Accountant General under Article 463 of the Civil Service Regulation) of Sub-Registrars who will attain the age of 55 or complete the term of which extension has been allowed during the ensuing official year, for the orders of Government; to other with his recommendations. In view of Article 459 (d) of the Civil Service Regulations the cases of registration clerks will be disposed of by the District Registrars. The return should be submitted to the office of the Inspector General by the 31 st October at latest; under endorsement only, not by letter:

149 · Return of valuable ordinance and other Government stores: The stock book of Government property (excluding landed property and buildings) (1) The stock book of Government property, prescribed in G.O. No. 3123/XVIII-340.30, dated the 24the November; 1934, shall be maintained in every District Registrar' $ office and in every Sub-Registrar' $ office subordinate to hin. Full instructions for the maintenance of the stock book and other matters will be found recorded

150 · Registration of deeds of transfer of landed properties. AlL cases of the registration of deeds 0 transfer of immovable property to which Government servants are parities shall be reported by the District Registrar concerned to the Head of the Department, commissioner of the Division, District Officer or District and Sessions Judge to whom the official concerned is subordinate.

151 · Statement of inspections: The return of statement of inspections will be in Form No. 11, Appendix III: It should be submitted by District Registrars with the annual statistical tables not later than 1 st February. It should show separately for each office the particulars required by the headings, but not the results of inspections, which will be submitted in accordance with Rule 385.

152 · Budget estimates. Every District Registrar shall prepare and submit to the Inspector General by the 15th August in each year a budget estimate of receipts and charges in form No. 14, Appendix III, for each revenue district separately. All important variations shall be explained briefly in the column provided for the purpose. In framing the estimates the instruction laid down in Chapter X of the Civil Account Code should be followed:

153 · Annual reports by District Registrars. District Registrars shall submit to the Inspector General every year a report on the administration of the department: The report should give a clear indication as to the significance of the statistics and a brief review of the operations of the preceding year; with such further remarks as the statistics or the inspections may suggest. For example, any marked increase Or decrease in the number of registration under the several heads of classification should be explained. The causes affecting the popularity of registration and the tendency to resort to it should be reported Facts which seem to afford data for conclusion as to whether optional registration is becoming more of less frequent should be noted. If District Registrar is of opinion that registration is not gaining popularity, remedies which may appear to be suitable should be suggested. Remarks on the miscellaneous business of the department; such as the deposit; etc, of will, authentication of powers- of-attorney, issue of commissions, refusals to register, prosecutions, applications for searches, inspections and copies and such like, will be interesting: The reasons for refusing to register should be analysed, and should be given of the cause and results of prosecutions and registered documents discredited by civil courts. The working of the staff and their qualifications should also be noticed. The instructions for the preparation of reports laid down by Government in paragraphs 414, Manual of Government Orders, should be generally observed.

154 · Data of submission: The annual reports must be forwarded to the Inspector General at the latest by 1 st of February, each year: Delay in submission will be noted in the provincial report submitted to Government:

155 · Inscriptions on seals and their custody. Every District Registrar and Sub-Registrar has been provided with a seal as required by Section 15, bearing an inscription in Hindi, of the authorized designation of his office. This seal shall always remain in the personal custody of the registering officer; and shall be used for the authentication of the following:

156 · Renewal of seals: When a seal has become unfit for use, and is replaced by a new one, the former shall be destroyed in the presence of the District Registrar of the district: The seals of offices permanently closed shall be destroyed in the same manner: All new seals, whether for newly created offices, o to replace those which have become unfit for use, shall be supplied on application from the office of the Inspector General: Care should be taken to produce a distinct and legible impression, and for this purpose the use of a pad and good ink should be insisted on.

157 · District Registrars' indents. District Registrars shall submit by the 1 st November in each year an indent for blank books and forms for the requirements of their own and subordinate offices for the next ensuing calendar year.

158 · Form of indents. The indent shall contain the headings given in Form No. 13, Appendix III, in column 2 of which will be found printed a list of the sanctioned forms of the department: 159. Supplementary indents: No supplementary indents will be permitted except in the most urgent and special cases, which must be fully explained. When; however; the submission of a supplementary indent becomes necessary, it should be drawn up in the form prescribed and the necessary entries regarding balance etc, made in respect of the books of forms required.

160 · Punctual submission of indents. To ensure regularity in supply, indents should be punctually submitted to this office on or before the prescubed date, SO that they may be checked and sufficient time allowed to the press for the printing and supply by the end of March: This

161 · Supply of registers and books All the registers, books and forms will be supplied by the Government Central Press, Allahabad, direct to District Registrars, who will arrange for their custody and transmission to Sub-Registrars, in accordance with the following rules.

162 · Distribution 0f registers, receipts and file books Registers No. I to VIII and file book No.1 will be retained in the custody of the District Registrar of the district and supplied to Sub-Registrars only as they are required on application in Form No. 25, Appendix MII: Sub- Registrars should make applications in ample time to admit of the arrival of these registers and books before they are actually required. Spare blank volumes of these registers and books should on no account be allowed to remain in Sub-Registrars` offices longer than is absolutely necessary before being brought into use.

163 · Distribution of other books and forms: With the exception of the registers and books referred to in the preceding rule, all other books and forms will be distributed to Sub-Registrar as soon as they are received by the District Registrar from the Government Central Press; Allahabad . Care should be taken that not more than a sufficient number of forms is annually supplied For this purpose all indents from Sub- Registrars should be carefully scrutinized in the District Registrar' $ office.

164 · The District Registrar shall fix a permanent advance of the number of each kind of saleable forms (Forms Nos. 28 30 and 31, Appendix III) required for his office and for each Sub-Registrar'$ office under him: This permanent advance which will be known as stthe standard: shall be based on three months requirement for the Sub- Registrars offices and on a whole year' S requirements for the whole district in the case of District Registrar' $ offices. Each Sub-Registrar shall make an application for saleable forms in sufficient time to admit of the arrival of a fresh supply before the existing stock is exhausted. This application for replenishing the stock should be accompanied by the treasury challanss for the sale-proceeds of the consumed stock. Similarly

165 · Use of other than sanctioned forms prohibited -forms for use in their departments. No forms other than the sanctioned forms should be brought into use in the department without the express sanction of the Inspector General, and on no pretext whatever should books or forms be printed at private presses

166 · Stock books of forms A stock book of forms will be kept in every office in Form No 19, Appendix I.

167 · Correspondence between District Registrars and Sub- Registrars. Official Correspondence between District Registrars and Sub-Registrars should ordinarily be the form of a vernacular proceeding but where the Sub-Registrar is a Europeon officer or acquainted with English there is no objection to the correspondence being conducted by English letter or docket: A register of letters received and dispatched should be maintained in every office. District Registrars may issue instructions relating to the maintenance of the register:

168 · District Registrars to dispose of references from Sub- Registrars. District Registrars should, as far as possible, themselves dispose of reference from Sub-Registrars, and should not transmit them to the Inspector General, unless his orders are really required: This caution is necessary because a great propostion of the references that reach the Inspector General' s office are on points which have already been distinctly provided for and should have been disposed of in the District Registrar' $ office. But where a point of law or of procedure not already provided for is raised, Or where the question is one of general application, the District Registrar should refer it for orders by means of an English letter which should fully state the case and the District Registrar' $ opinion thereon:

169 · Correspondence between District Registrars and Inspector General. The official correspondence between District Registrars and the Inspector General shall be in English; and in the conduct of such correspondence District Registrars shall be guided by the general rules prescribed in paragraphs 391 to 411, Manual of Government Orders. District Registrars will see that no unnecessary delay takes place either in their own offices, Or in the offices of their Sub-Registrars, in replying to references from the Inspector General.

170 · Joint offices. These rules are only concerned with the case of a Joint Sub-Registrar whose office is a at distance from that of the Chief Sub-Registrar: In cases where the Joint Sub-Registrar is working in the office of the Chief Sub-Registrar and as his assistant; no special procedure is required; and only ordinarily one set of books, registers and returns will be kept up jointly by the Sub-Registrar and Joint Sub- Registrar:

171 · Jurisdiction. In the case of joint Sub-Registrars located in different places, there will be two O more separate offices in a single sub- district, and all joint Sub-Registrars will have a concurrent jurisdiction within the sub-district to which they are appointed. It will be optional to any party to register documents at any office in the sub-district:

172 · Registers. The several registers prescribed by the Act and the rules shall be maintained at both chief and joint offices. As soon as any volume of the registers of a joint office is completed, it shall forthwith be forwarded to the chief office where it will remain until it iS finally transferred to the central office of record in the district. In the case of

173 · The prescribed indexes I to IV shall be kept up in both chief and joint office. On the firs day of each month joint Sub-Registrars shall make and forward to the chief office a copy of such entries in their indexes I, II, III and IV as may have been made by them during the past month: On receipt of the copies SO sent, the Chief sub-Registrar shall place the sheets in their proper alphabetical order along with the index sheets of his own office.

174 · Application for copies and searches. In joint offices the records will, under Rules 172 and 173 consist of the current registers and the index volumes only. On receipt of application for search Or for copies in the current registers, the Joint Sub-Registrar will allow the search or grant the copy, as the case may be, if such search or grant is admissible under the Act or the rules made there under: But if the registers to be searched, or from which the copy is to be made, have been sent to the chief office, the application will be forwarded to the chief office or returned to the applicant for presentation there, as the applicant may desire, and the search shall be permitted or copy granted by the chief office without any fresh application. If the applicant desires, the copy shall be furnished through the joint office. All applications for certificates of encumbrances by courts shall be made to the Chief Sub-Registrar, who will obtain, if necessary, a report from the Joint Sub-Registrar previous to furnishing the certificate required:

175 · Fees: The fees realized in joint offices shall be credited at convenient intervals direct into the Government treasury.

176 · Reports and returns Monthly and other reports and returns shall be prepared separately or chief and joint offices

177 · Other employment: All departmental Sub-Registrars are forbidden to seek or accept any other post, employment or office in addition to their duties in the Registration Department without the previous sanction of the Inspector General.

178 · Office of record in each district: The District Registrar' $ office shall be a central office of record for each district and the registers of his own and those of subordinate offices, which are to be preserved in perpetuity, shall be transferred to it from time to time.

179 · Catalogue of registers, books, etc A catalogue shall be kept up in every registration office in Form No. 20 Appendix I It shall be divided into two parts, Part I, containing all records to be permanently preserved in the central office of record and Part II containing records to be destroyed after the expiry of the periods mentioned in Rule 199. One the occasion of every permanent change in the incumbency, the officer receiving charge should compare his registers, etc. with the catalogue, and certify therein that he has found them correct:

180 · Records to be permanently preserved. The following records shall henceforward be permanently preserved in the central office of record of the district where they still exist, or in which they may be subsequently deposited under Rule 181 or 182:

181 · Transfer of records to central office of record: At the commencement of every calendar year such of the following books and indexes as are completely filled up and in which the last entry dates back over 12 years, shall be transferred to the central office of record in the district.

182 · In the case of all outlying offices where the sub-registration office is not in a secure building, the transfer of the records to the central office of record may, with the section of the District Registrar; be made at lesser intervals, o no the volumes being filled up, should his in any case be considered expedient:

183 · Transfer of records, how to be made. All records transferred to the central office of record shall be accompanied by an invoice in duplicate in From 20, Appendix III. One copy of the invoice shall, after careful verification, be receipted and receipted and returned to the office from which received with as little delay as possible. Despatching officers will be responsible for seeing that the records are securely packed before dispatch, and every precaution taken to guard against their loss O damage in transit: If necessary, instructions should be previously obtained from the District Registrar as to the mode and manner of dispatch:

184 · Arrangement for custody of records in District Registrar's office. The District Registrar' $ office shall be provided, where possible, with a special record room for registration records, provided with racks and presses, o strong sheet-iron almirahs fastened by secure locks: The central office of record may, with the sanction of the District Registrar, be

185 · Fire proof safe for custody of wills, etc: The District Registrar of every district has been supplied with a fireproof safe. Wills in sealed covers and authorities to adopt which may have been deposited under the provisions of enactments prior to the passing of Act XVI of 1908, also wills in sealed covers which have been deposited or may be presented for deposit under Section 43,and wills which have been or may be opened under Section 45 of Act VIII of 1871 and of Act XVI of 1908. shall be kept in this safe. The key of the safe shall remain in the personal custody of the District Registrar, who alone shall open and close it The duplicate key shall be deposited in some secure place. The safe should be placed where it cannot be affected by damp and it shall be opened half- yearly in January and July with the view of ascertaining that its contents (which will be counted if there are many) are correct; and in good condition, and that the lock is in order: This will be certified by the District Registrar on Form No. 3, Appendix III:

186 · Arrangement for custody of records in Sub-Registrar' s office. In sub-registration offices iron sheet almirahs and other receptacles will be provided The almirahs, etc. shall, if possible, be placed in the room where the registering officer transacts his public business, and shall be opened and closed by that officer himself or in his presence. When locked, the key shall be retained in his own possession. The duplicate keys of the locks supplied to Sub-Registrars shall remain in the custody of the District Registrar of the district, who will label each with the name of the office to which it belongs and deposit it in his iron safe.

187 · Prohibition from keeping money O other private property in registration office. On no account any money or other private property be kept in a registration office.

188 · Miscellaneous records. The following miscellaneous records shall be classified and arranged as follows:

189 · Safe custody of records. Every registering officer shall be responsible for the preservation and safe custody of all registration records, including those of previous years which have accumulated in his office; or have been transferred to it.

190 · Removal of records from office. Registration officials are strictly forbidden to remove any registers, indexes, books or records (other than book VIII and receipt book when registration takes place at a private residence) from their offices for any purpose whatsoever, except with the sanction in writing of the District Registrar: All registration

191 · Examination of records To prevent injury occurring to the records by damp; white-ants, etc. the contents of the almirahs, presses, etc , should be thoroughly examined once a week:

192 · Injury to records All cases of injury to the records, from whatever cause, shall be made the subject of a special inquiry, and the District Registrars shall pass order, as to the degree of responsibility attaching to the officer in charge, the steps to be taken to repair the injury so far aS may be possible, and the measures to be adopted safeguard the records in future.

193 · Precaution to be observed where white-ants or book- worms make their appearance: In offices where white-ants have made their appearance, and other expedients have proved unsuccessful, the almirahs or boxes may be placed on shallow saucers filled with ordinary mustard oil with a rest in the centre thus on which the almirah will rest. The saucers when once filled will not require replenishment for a very long time. This plan has been found satisfactory.

194 · The results of experiments which have been tried for preserving books, etc.= from the attacks of whit-ants and other insects, show that a simple solution of perchloride of mercury (corrosive sublimate) in the proportion of one part by weight of the drug to 144 parts of water; is quite as efficacious as any other preparation, while at the same time it is very cheap (G. G. 0. No. 14/475, dated the 29the April, 1883- circulated under G.O. No. 1537, dated May 1883).

195 · Custody of unclaimed documents: (1) All documents other than those deposited under Sections 42 and 43, which remain unclaimed in the District Registrar' $ office or are returned undelivered by post after they have been registered or after registration has been refused, after, the expiry of one month from the date of registration O refusal O return by post, as the case may be, entered in the register of unclaimed documents (Form No. 33, Appendix III) and deposited in the fire-proof safe of the office for safe custody. AJ list of unclaimed documents in Form No. 34, Appendix III, shall be exposed to the public view in each office.

196 · (1) All documents which remain unclaimed in the office of a Sub-Registrar or are returned undelivered by post after they have been registered or after registration has been refused, shall, after the expiry of one month from the date of registration Or refusal or return by post as the case may be, be entered in the register of unclaimed document (Form No. 33, Appendix III). A list of unclaimed documents in form No. 34, Appendix III, shall be exposed to the public view in each office.

197 · List of documents in district Registrar's office safe: All unclaimed documents forwarded by Sub-Registrars for safe custody in the District Registrar' $ fire-proof safe, shall be accompanied by an

198 · In District Registrar' $ offices a list shall be maintained of all documents deposited in his fire-proof safe. It shall be in the for of a small book to be itself dept in the safe. It should show the contents of the safe on any given date separately for (1) sealed wills; (2) open wills; (3) unclaimed document; and (4) any other non-testamentary documents. The list of sealed and open wills should oly give serial number; date of deposit o opening, and the reference to Book No. V. The list of other documents should show serial number, date of deposit; name of depositor, nature of deed, and date of return Or destruction. From time to time, when it seems desirable, new pages should be opened, and all document not surrendered or destroyed under proper authority should be brought forward under a fresh serial number, and a note made after the previous entries to this effect

199 · The following records may be destroyed after the expiration of periods specified against each, computed from the 1st January, next following the date of the record; provided that the District Registrar may, at his discretion, direct the retention for a longer period, Or permanently, of any papers_which he may consider likely to be useful in the future: Nature of records Period of retention Remarks

1 · st April, 1932. For bills from April, 1932

1932 ·

1982 ·

200 · Early in December in each year a list shall be prepared in Form No. 16, Appendix III, in all District Registrar' $ and Sub-Registrars offices of the records and papers which, under the preceding rule, are liable to destruction on the 1 st January ensuring: This list shall be submitted to the District Registrar for orders, and as soon as sanction is recorded thereon, the records O papers will be destroyed, and a certificate recorded at food of the list that they have been effectually destroyed This list shall then be permanently preserved It must be distinctly understood that no books, records, or other papers whatever; shall be destroyed

201 · Destruction of unclaimed document All district Registrars should, early in October of each year begin to prepare a list of unclaimed documents which have become liable to destruction under Section 85 of the Act: As soon as the list is prepared it should be hung up in a conspicuous place outside the office with a notice that unless the recipients appear within one month to claim the documents and pay any fines due on them the documents will be destroyed. Extracts from this list should, at be forwarded to the office in which the document was registered, to be exposed in a similar manner: At the close of the month notice by letters "service paid" should be addressed to the party entitled to receive the document lying unclaimed, and if the document is not claimed a month after the issue of the letter it should be destroved by, or in the presence of the District Registrar, and the date of destruction should be notified to Sub-Registrars concerned, in view of a note being made in the margin opposite the copy in the book in which it is registered. In the event of the document being one of which registration has been refused, a note shall be made in the page of book II containing the order of refusal.

202 · With reference to Section 19 of the Act it is declared that the language commonly used in the State shall be deemed to be Hindi in Devanagri script; but documents presented for registration may be written in any language. If however; the document is written in a language other than Hindi in Devanari script, and the language is not understood by the registering officer, the document shall be accompanied by a true copy thereof in that language and also by a true translation in Hindi in Devanagri script

203 · Procedure to be followed by registering officers when document written in a foreign language are presented for registration. When a document presented for registration is written in a language which the registering officer does not understand, and which is not commonly used in the district, the copy and translation required under Section 19 of the Registration Act must be compared by some person acquainted with both the languages of the document and that of the translation, and the original must be read out to him to the executant in the presence of the registering officer: That officer will then administer a oath to such person, and record his statement to the effect that the copy

204 · Table of fees. The fees prescribed by Government under Section 78 of the Act are those given in Appendix V. A printed table of fees in English and in the vernacular of the district shall be suspended in some conspicuous place in every registration office.

205 · Credit of fees. All fees for the registration of documents are payable on presentation but should not be realized until the document has been formally accepted for registration: All fees received shall be credited to Government, whether the documents have been admitted to registration or not: Traveling allowance realized under the provision of Article VII of the Table of Fees may, however, be appropriated by the registering officer or Commissioner; as the case may be.

206 · All receipts in the Registration Department shall be credited in the treasury accounts under the following heads:

207 · The sale-proceeds of the registration Forms Nos. 28,30 and 31 Appendix III, shall be credited into the treasury under the head ~XLV- Stationery and Printing Stock Forms - Other forms' (no (XI

208 · Where there is a treasury of sub-treasury at the same place as the registration office, the fees taken at the latter shall be paid into the former daily, in time to admit of their being included in the treasury accounts for the day. All sums received subsequent to the closing of the treasury of sub-treasury accounts for the day shall be credited the next day along with the receipts up to the hour of closing of the treasury of sub-treasury accounts for that day, and so o. All sums taken on any day on which the treasury O sub-treasury is closed owing to holidays shall be credited on the day on which the treasury o sub-treasury re-opens. The words "treasury closed" should however be noted in the fees book against the fees of the day not credited on this account. All remittances to the treasury o sub-treasury shall be accompanied by an invoice in duplicate in Form No. 19, Appendix III:

209 · Where there is no treasury Or sub-treasury at the same place as the registration office, the collections shall be remitted monthly or at such intervals as the District Registrar directs to the nearest treasury Or sub- treasury of the revenue district in which the office is situated, by postal money order; in time to admit of their being included in the accounts of the month then current, and the following procedure shall be observed in doing SO:

210 · Sub-Registrars should therefore ascertain the fixed closing date of the treasury of sub-treasury accounts and remit all fees in hand by money, order in time to secure their inclusion in the treasury accounts by the foxed date. No deduction should be made on account of the cost of the money order, which will be repaid to the Sub-Registrar along with his pay for the month as provided for in Rule III:

211 · A fees book in Form No. 13, Appendix I, will be kept in all registration offices This book must be written up daily.

212 · The receipt book will be in Form No 8, Appendix I. Each volume contains one hundred blank printed forms, and each form is divide into three parts:

213 · Registering officers will see that receipts are given in the order in which documents are admitted to registration; that all prescribed particulars are filled in; that in the place for description of property it stated whether it is immovable or movable, and in the case of mortgages whether with or without possession; and lastly, that the name of the executant and not, as is sometime erroneously done, the name of the scribe, is noted in the place provided for this purpose.

214 · Each volume of these receipt books, which contains one hundred printed forms numbered consecutively to 100, shall be numbered in a consecutive series which shall commence and terminate with the calendar year; a fresh series being commenced at the beginning of each calendar year: A new volume however need not be brought into use at the beginning of the year; until all the receipts in the volume in use have been filled up. The volume in which receipts of two years fall should bear a double number, e g. 300 of 1889/1 of 1900. The document will be returned to the person applying for return and presenting the receipt granted under Section 52 of the Act; O to the person desiring its return by post in the manner as laid down in Rule to the person desiring its return by post in the manner as laid down in Rule 322, provided he is the presenter of the document or a person nominated by the presenter under Section 61 (2) of the Act. The nomination in both cases must be on the reverse of the receipt: In cases of document returned personally to the person mentioned above, on presenting the receipt, the signature f the recipient will be taken with the date, in the space on the reverse of the receipt which will be pasted immediately to its proper counterfoil in the receipt book:

215 · Lost receipt: If the person to whom the receipt was granted satisfies the District Registrar or Sub-Registrar that he has lost or mislaid it the document may be returned to him on his written acknowledgement of its return: If he is not personally known to the officer returning the document his thumb-impression should be taken on the counterfoil of the receipt unless he is of sufficient standing to render this precaution unnecessary. The document shall in no case be returned to any one but the person who presented it for registration, or his representative Or agent or a person nominated in writing to receive it in accordance with Section 61.

216 · Commission fee: When several documents are registered by one party at the same time and place, one commission fee and one traveling allowance shall be charged: But if one journey is made to register documents belonging to different executants, the commission fee shall be charged against each person, O group of persons, registering a document O documents Only one traveling allowance shall be charged and it shall be divided equally among the parties For instance, if the Sub- Registrar goes to mauza Rmpur to register one document belonging to A two document belonging to B and two document belonging to C and D_ he should charge o commission fee to A, one commission fee to B and one commission fee to C and D, and should charge each with one-third of the traveling allowance.

217 · Fees for search or for copies: The fees chargeable for copying document into registers will be found in Article II, those chargeable for copies of records issued to the public in Article X, ad those chargeable for searches and inspections in Article VI of the Table of Fees, Appendix V.

218 · Copying fee how to be calculated. In reckoning the number of works for words for the purposes of copying fees, every five figures and every group of five or less initials shall count as a word.

219 · Inspection and copies of entries in registers. District Registrars shall permit inspection and grant copies of entries in the register kept Up previous to the enactment of Act XVI of 1908, at the same rate of fees and to the same extent as in the case of registers under the present Act.

220 · Refund of fees In the event of registration being refused Or not taking place Or other reasons, any fees which may have been levied will be refunded except fees for commissions, summons and attendances, and traveling allowances, where such fees have been earned: Inspection Or search fees may be refunded in cases where no inspection or search is made, but nowhere a partial inspection or search has been made. Any registration fees charged by a registering officer in excess of what is actually chargeable under the rules maybe refunded at the discretion of the District Registrar; provided that the refund is clamed within thirty day and the District Registrar is satisfied that there has been a clear over- charge. Applications for refund of fees will be in writing to the District Registrar who will pass orders thereon. District Registrars will be

221 · Remission of fines. Applications for remission of fines levied under Section 25 or Section 34 shall be made in writing to the District Registrar, who shall forward them to the Inspector General under Section 70 of the Registration Act with his own remarks, Together with a bill for refund, if necessary, in the form prescribed by the Accountant General. Amounts so refunded shall be drawn by the District Registrar and paid to the person entitled to receive them on his furnishing a formal receipt:

222 · Registers. In the office of every District Registrar and Sub- Registrar the following registers must be maintained:

223 · The books shall consist of printed forms, containing the headings hereinafter described, and paged consecutively, bound in volumes of convenient size, the number of pages in each volume being certified on the title page. These volumes shall be numbered consecutively (a separate series for each book), and the numbers shall not terminate with the year; but shall not terminate with the year, but shall run on perpetually. Every registering officer, 0n receiving such a volume, shall immediately examine it to see that it contains the certified number of pages, and that these have been numbered in proper consecutive order: He shall note the result on the title page.

224 · Certificate of examination: When a volume is filled up and at the end of each calendar year (at whatever point in a volume this may occur), the registering officer shall certify after the last entry in the volume or of the year, as the case may be, the number of entries made in that volume during the current calendar year and the number of pages on which they are written. He shall also examine those entries and note in his certificate any errors O defects that he may discover, and any accidental

225 · Consecutive numbers to be by the year: The consecutive number of entries in each book prescribed in Section 53 shall commence and terminate with the calendar year:

226 · Concurrent volumes of same register: If in any office the number of documents to be registered be so large that there is difficulty in entering them day by day in the appropriate registers, the registering officer may, with the previous sanction of the District Registrar, keep up concurrently two or more volumes of any register book; the documents bearing even numbers being entered in one volume, and those bearing odd numbers in the other:

227 · . Certificate as to figures and amounts in documents: In order to guard against mistakes and alterations in the figures used in documents, the registering officer shall, in cases where the figures are not also expressed in words in the body of the document, sign a certificate in the following form on the back of the document; using word not figures "Certified that in the tenth line figures expressing five biswas and in the fifteenth line, figures expressing one thousand rupees. etc. etc , occur All figures whether ordinary Or rakam, used in document which are not also expressed in words in the body of the documents should be included in the certificates. If they are also expressed in words in the document itself no certificate is required.

228 · Book No. I Book No. I is the register of non-testamentary documents relating to immovable property as defined in the Registration Act: In this book shall be entered all documents registered under Sections 17 and 18 which relate to immovable property, and are not wills. It is open to public inspection, and copies of entries in it shall be given to all persons applying for them on payment of the prescribed fees It shall contain the headings prescribed in form No. I, Appendix I.

229 · Territorial division: The description of the territorial division required by Section 21 of the Act shall be the name of the

230 · Reference to previous registrations When any document is registered in book No. I, III or IV affecting some other document previously registered in book No. I III or IV a note giving the page, volume and the number of book of the latter document shall be entered opposite the entry of the earlier document. The note should be signed by the registering officer f the day: When the book containing the previous document is in the office the note will be immediately made. When the book is in the central office of the record of the district or in another district, a request for compliance with the rule will be immediately sent to the officer in charge of the central office of record or to the District Registrar in whose district the previous document was registered: Notes of compliance with this rule should always be entered o the copies of documents in which the reference to previous documents occur, as without such notes it cannot be easily ascertained whether the rule has been complied with:

231 · Immovable property. Ordinarily no difficulty will be experienced in determining for the purposes f the Act what is and what is not *immovable but occasionally doubts on this head may arise, and the following ruling stated for the guidance of registering officers.

232 · Transfer or hypothecation of standing trees other than those sold in execution of decree by order of court: Owing, perhaps, to the verying definitions of immovable property' and to the wording in Section 2 of the Registration Act XVI of 1908, there is considerable want of uniformity in the practice followed in different parts of this State when registering deeds of transfer or hypothecation of standing trees other than those sold in execution 0 decree by order of courts. The matter has been considered by the State Government and the Government of India and the principles to be followed are thus stated in the Government of India Home Department letter No. 19/1814, dated the 31 st October; 1884:

233 · All registering officer should apply the same principle to private sales of standing trees when deeds are presented for registration; and should determine in each case whether trees should be treated as immovable property and the deeds entered in book I, or as movable property and the deed registered in book IV, view of the definition in the Registration Act it will, perhaps, be well to trees of the classes ordinarily

234 · Instruments evidencing the sale or exchange or mortgage of immovable property of a value less than Rs. 100 have, under the terms of Section 54, Section 59(as amended by Act VI of 1904) and Section 118 of the Transfer of Property Act IV of 1882, to be registered. The effect of Section 54 and of amended Section 59 is virtually to the distinction created by Section 17 and 18 of the Indian Registration Act between the compulsory and optional registration of instruments of sale or mortgage of immovable property even when the value of the property concerned was under Rs. 10.

235 · A special volume of register book I, to be called Additional, with the sanction of the Inspector General, in any office where document' s on printed or lithographed forms are presented for registration: The copy O each such document and endorsement required for entry in the register shall be made by filling in the blanks in a spare copy of the printed or lithographed form and by copying the endorsements written on the original on the reverse of the last page of the copy of the form thus prepared or on a separate sheet of paper when necessary. Each sheet of the copy thus made shall then be pasted on a separate numbered butt in the additional book no I, and the registration officer shall write his signature and the date, and shall affix the seal of the office, so that both signature and seal may be partly on each butt so used and partly on the sheet pasted thereon: All documents entered in the additional volume of book No I, shall be numbered in the same series as documents copied in the ordinary volume. As additional book No. I, is part and parcel of book No. I each sheet pasted in the additional book No. I, must be paged at the top outer corner in bold figures in red ink in manuscript, each leaf being considered as two pages as in the case of book No. 1, and endorsement under Section 60 must be recorded by referring to the pages thus given in manuscript and not to the butt numbers on which each sheet is pasted. Whenever any such document is transferred to the said additional book No. I, a brief note, showing that the document bearing number so and so, has been pasted into the additional

236 · File book No I File book No. I. for filing (pasting in ) copies and memoranda received from other offices under Sections 64 to 67 and 89 of the Registration Act, as well as the maps and plans presented with manuscript or typed documents under Section 21 (c) and translations and copies of documents in foreign languages presented under Section 19. As regards the copies of maps and plans and the translation and copies of foreign instruments held in this book under Sections 61, it will be sufficient to note thereon the registration number and date of registration of the document to which they appertain and the volume and the page where the entry will be found. But all other copies and memoranda filed in this book shall be numbered in the manner laid down in Rule 237 and the necessary particulars given to them in indexes Nos. L and II. All documents should be pasted into it immediately on receipt; there iS danger of their being lost or injure. It must be remembered that this file book is part and parcel of book No. I,and is only maintained as a separate volume to prevent the injury to the binding and the binding and the disturbance of paging which would result if the documents held therein were filed in the ordinary bond volumes.

237 · Numbering of papers filed in book No. I. Copies and memoranda pasted into the file volumes of register book No. 1, shall be entered in the consecutive numerical series of that register according to the date 0 receipt for example a document having been entered in register book No. I as No. 457,a copy received shall be pasted in the file volume of that register and receive the No. 458; and if before another copy is received a document is entered in register book No. I, it shall be numbered 459. The numbering of the copies pasted in the file book No. I, shall be conspicuously, market at the top and the document at numbers with volume and pages of the file book noted in red ink on the heading of the page in book No. I. on which the next serial number is entered: The file book is merely an additional volume of book No I, a must be paged

238 · File book subsidiary to books Nos. III and IV. It sometimes happens that translations and copies are filed under Section 62 in the case 0 documents in foreign languages registered in book Nos. III and IV. If such translations and copies are few in number; they may be pasted into the register book to which they relate. But if they are at all numerous, it is in the discretion of the registering officer to open file book subsidiary to book Nos. II and IV as the case may be.

239 · Book No. II-Book No. II for recording reasons for to register: The book is also open to public inspection, and copies of entries in to shall be given to all persons applying for then: In the event of the applicants being persons executing or claiming under the document registration of which has been refused, or their representatives or agents, the copy shall be given free of charge (for copying), but the copy must be stamped,. The practice which sometimes prevails of copying the registered document into this book in extensor is unnecessary and erroneous The reasons for refusal should however without being prolix, be sufficiently full to enable an appellate or inspecting officer to judge of their sufficiency but they need not contain a summary of any evidence which the registering officer may have taken; such evidence should be recorded on separate sheets of paper and filed in the office. When a document; the registration of which was originally refused, is subsequently registered by order of a District Registrar, under Section 72 or 75 Or of a civil court under Section 77, a note of such order shall be made in this register opposite the original record of refusal. When a registering officer refuses to register a document solely o the ground of want of jurisdiction, he shall hand it back to the person presenting it in the manner described in

287 · without recording an order of refusal either 0n the document Or in this book.

240 · Discretional registration, by District Registrars: Re- registration under Section 23-A are made by the District Registrar. Under Section 30, clause (a) discretional authority is given to the District Registrar of a district to receive and register any document which might be registered by any Sub-Registrar subordinate to him. District Registrars should exercise the discretion here given to them with a due regard to the public convenience. AJ refusal to register may compel numerous parties and witnesses t0 travel to a distant sub-office and carry with them large sums of money: Where the document is a will or authority to adopt: Or where it relates to a transaction in which the Sub-Registrar having jurisdiction is pecuniarily interested, Or where it is written in English and the Sub-Registrar having jurisdiction is unacquainted with that language, the District Registrar should never refuse to accept it for registration except for very cogent reasons. Where a District Registrar decides that a document presented to him under Section 30 ought to be registered in the office of a Sub-Registrar, he shall return in to the person presenting it without recording an order of refusal either on the document or in his book No. II.

241 · Registering officers not concerned with validity of documents. Registering officers should bear in mind that they are in no way concerned with the validity of documents brought to them for registration, and that it would be wrong for them to refuse to register on any such grounds as the following (1) that the executants was dealing with property not belonging to him; (2) that the instrument infringed the rights of third persons not parties to the transaction; (3) that the transaction was fraudulent or opposed to public policy; (4) that the executants had not agreed to certain conditions of the document; (5) that the executants was not acquainted with the conditions of the document; (6) that the executants declared that he had been deceived into executing; that the executants is blind and cannot count. These and such like are matters for decision; if necessary, by competent courts of law, and registering officers, as such, have nothing to do with them. If the document be presented in a proper manner, by a competent person, at the proper office, within the time allowed by law, and if the registering officer be satisfied that the alleged executants is the person the represents himself to be, and if such person admits execution, the registering officer is bound to register the document without regard to its possible effects. But the registering officer shall make a note of such objections of the

242 · Denial of receipt of considerations. If any person admits the execution of a document presented for registration, but denies the receipt in whole or part of the consideration recited therein, registration shall not be refused because of such denial; but a note of the denial shall be made in the endorsement required by Section 58.

243 · Unwillingness to register. If after the presentation of a document for registration the executants thereof does not appear, and the presenter neglects 0 refuses to enforce his attendance under part VII of the Registration Act, the document may be returned if claimed back: In such cases the refusal to register should be recorded after the four months limit prescribed in Section 34 has expired, and the document is be sent to the District Registrar for safe custody Rule 196.

244 · If the executants appears and admits execution and his identity is established, the registration should be completed even though oe or both of the parties may, after this stage, desire to withdraw the document from registration: If after admission of execution the executants refuses OI neglects to sign the endorsement; the registering officer should note this refusal as prescribed in Section 58 of the Registration Act

245 ·

246 · The case of simple denial of receipt of receipt of consideration is met by Rule 242. If the document is not claimed by the person who presented it, O some one authorized by him to receive it (Section 61), it should be retained for three months under Ruler 196 and then sent to the District Registrar:

247 · . Correction of defects capable of remedy. Orders refusing to register should be made only after due care and consideration, and if the impediment to registration be a mere informality or defect capable of remedy, opportunity should always be given to the parties to correct the flaw. In such cases registration shall be deferred, and no final order of refusal shall be made until the document concerned becomes time barred.

248 · Partial refusal. When, under Section 35 of the Registration Act, registration is admitted as to some of the parties to a document, but is refused as to the rest, the registering officer shall endorse thereon an order in this from:

249 · . Willful refusal or neglect to attend equivalent to denial of executing: The Calcutta High Court has ruled under Act III of 1877 in the case of Radha Kissen V. Choonnelal Dat [ILR V Cal 445] that refusal to admit execution of a document even if it is not made in the presence of the registering officer is a denial of execution within the meaning of the Registration Act; and so also is willful refusal O neglect to attend before the registering officer to admit execution, notwithstanding sufficient legal service which may not necessarily be personal; and when such refusal or neglect occurs; the remedy will lie under Section 73 or 77 of the Registration Act; as the case may be, for the purpose of having the document registered.

250 · Book No. III: Book No. III is the register in which wills and authorities to adopt are to be copied after they have been accepted for registration under Section 41; also such wills as have been opened under Sections 45 and 46. It shall contain the headings prescribed in forms No. 3, Appendix I. This book is not open to public inspection, nor are its indexes; but copies of entries in it or they shall, on payment of the prescribed fees, be given to the persons executing the documents to which

251 · No entry required in the 5th column of the heading of book No. III in the ordinary case of a testator presenting his own will. The particulars of the witnesses to his identity occur in the endorsement: It is only in the case of proceedings before the district Registrar under Section 45,or when a will, etc , is presented for registration to a Sub-Registrar by a person claiming there under after the death of the testator, that entries are to be made in Column 5.

252 · In this book No. III the District Registrar must enter not oly copies of the wills, etc , registered by himself, but also copies of the wills, opened under the provisions of Sections 45 and 46.

253 · Wills and authorities to adopt: To prevent mistakes it is hereby explained that every document making posthumous disposition of property is a will and should, when registered, be entered in book No. III. Further; that a document which merely declares the fact of having adopted a son, Or giving a son for adoption, is not an authority to "adopt" and should not be entered in this book unless it contains testamentary depositions which bring it within the above definition of will . Deeds of adoption as generally met with in practice are of four classes-

254 · Book No IV. (1) Book No. IV is the miscellaneous register, in which are to be copied all document registered under clauses (d) and f) of Section 18 which do not relate to immovable property. It is not open to public inspection, nor are indexes; and copies of entries in it Or them shall be given, on payment of the prescribed fees, only to the parties executing or claiming under the documents to which such entries relate, or the

255 · Gift of movable property. It may here be noted that the registration of instruments of gift of movable property has under the Zen clause of Section 123 of the Transfer of Property Act; IV of 1882, been rendered compulsory whenever the property is not delivered to the done. Under Section 18 (d) of the Registration Act they are however optionally registrable and for the purposes of this Act the registration will be in book IV .

256 · Book No. V Book No. iS the register for recording transactions relating to the deposit and withdrawal of sealed wills mentioned in Part IX of the Registration Act. When a will has been removed by order of court under Section 46, the fact shall be noted in red ink across the entry and the note shall be authenticated by the signature of the District Registrar. It shall contain the headings prescribed in appendix I, form No. 5.

257 · . All depositors of wills should be informed that no steps will be taken by Government to ascertain when they die and to communicate after their death with the beneficiaries. A copy of the following notice may be given to every person depositing a will for safe custody under the provisions of Section 42 of the Indian Registration Act, 1908.

1 · when the document presented for registration has been impounded under the Stamp Act 2. when the document is returned for presentation in the proper office 3. when the document is returned for correction or amendment 4. when the document is put aside pending appearance f parties or witnesses In it should also be recorded the reasons for non compliance with an application for search, inspection or copy. Unless in the case of copies, searches and inspections sufficient particulars have already been given in the remarks columns of registers of applications for copies, searches and inspections: 281. The entries in the minute book should be made by the Sub-Registrar with his own hand and each proceeding should be signed and dated by him: When proceedings relating to the same case are recorded on more than one occasion; the serial numbers of the subsequent entries will be entered in column 2 of the first entry; in Column 2 each subsequent entry will show the serial number of the first entry. 282. When a document presented for registration is returned by a Sub-Registrar for correction or amendment or on any other ground; the Sub-Registrar shall also briefly record his reasons on an objection slip in Form No. 16, Appendix /, and make over the slip to the presenter: When the document is subsequently admitted for registration, the Sub-Registrar will file the slip for perusal by the inspecting officers. 283. A refusal to register is not a suspension but a final termination of the proceedings; and in such a case the record is made in register No. Il; not in the minute book Every other circumstances which causes an interruption of the proceedings between the presentation of a document and its admission to registration; however brief that interruption may be, must be made the subject of separate entry in the minute book stating why proceedings were interrupted, and also, if necessary; of a second entry recording the removal of the impediment and the completion of the registration: In cases in which refusal has to be recorded on a date subsequent to the adjournment of pro- ceedings after entry in the minute book a reference t the entry in book 2 should be given in column 2 against the last entry of adjournment: Thus, in the commonest cases that of non-

284 · Registration of documents in which Sub- Registrar is interested or concerned. Sub-Registrars are prohibited from registering documents in which they are personally, Or otherwise connected; or interested: Such documents can be registered by District Registrars without extra fee under Article IV of the tabie of fees: 285. Examination of documents: When a document is presented for registration the points requiring the attention of the registering officer may be summarized as follows 1. Whether he has jurisdiction to register the document? 2. Whether the document is time-barred? 3. Whether the document is free from the objections in Section19, 20 and 21 2 4. Whether the document is properly stamped? 5. Whether the document is presented by a proper person? 6. Whether the document was executed by the persons by whom it purports to have been executed 286 Examination as to jurisdiction. When a document is presented at a registration office the registration officer will examine it to see whether he has authority to register it; and on this head, Parts V and VIII of the Registration Act Should be consulted: For the purposes of jurisdiction documents may be grouped into four classes 1. Non-testamentary documents relating to immovable property mentioned in clauses (a) to (d) of Section 17, and clauses (a) to (c) of Section 18. 2. Wills and authorities to adopt: 3. Copies of decrees and orders of court: 4. All other documents. Instruments of the first class may be accepted for registration by any registering officer in whose district or sub- district any portion of the property concerned is situate. Instruments of the second class may be registered in any office. A copy of a decree or order may be registered in the office of the Sub-Registrar in whose sub-district the decree or order was made, or if it does not affect immovable property, in the office of any other Sub-Registrar under the State Government at which

295 · Procedure on failure of the executants to appear within four months from execution of document: (1) When a document has been presented to a Sub-Registrar for registration, within the period (prescribed by Section 23, namely , four months~from date of its execution), and the executants fails to appear to admit execution within that period, and the case does not come under Rule 249, the Sub- Registrar must immediately after the expiration of the said period, record a formal refusal to register, leaving it to the parties to appeal to the District Registrar under Section 72 within 30 days, if they think proper Provided that if proceedings under Section '6 for the appearance of the executant are still per-ding at the expiry of the four months, snd the executant has not appeared, the case shall be reported to the District Registrar without a formal refusal to register being recorded: But when summons has been duly served and the executant refuses or neglects to appear a formal refusal to register it will be recorded under Rule 249 without waiting for the expiry of the period of four months (2) In any case referred to in sub-rule the District Registrar shall not pass an order granting an extension of time or directing the Sub-Registrar to register the document; unless it is shown that the non-appearance of the executants was due to urgent necessity or unavoidable accident: 296. Procedure on failure of the executants to appear after payment of a fine under Section 25, within eight-months from execution of document: (1) If the time for accepting a document for registration has been extended under Section 25, and the "executants fails to appear to admit execution within the period of eight months from the date of its execution, and the case does not come under Rule 249, the Sub-Registrar must; immediately after the expiration of the said period; record a formal refusal to register, leaving it to the parties to appeal to the District Registrar under Section 72 within thirty days, if they think proper

310 · Enquiry as t0 consideration: It will be observed that the endorsement just mentioned is to contain; amongst other particulars, 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: Although the registering officer is required by law to question the alleged executant as the fact of execution; he is under no legal obligation to question him as to fact of receipt of consideration. At the same time such questioning would not be inconsistent with the provisions of the Act. 311. Summons for appearance of appearance of executants Or witnesses: If the alleged executant or his representative; assign or agent be not present; and if it be necessary to summon such person or any other person whose presence or testimony is necessary, where the registering officer is alos either a judge or Revenue Officer, he shall issue processes as such officer is also Officer; as the case may be. Where, the registering office must be within the time, prescribed in section 34 of the Act. 312. Law as to summoning and attendance of witnesses: The law in force as to summoning and attendance of witnesses is contained in Order XIV . Schedule of the code of Civil Procedure, and the rules in force for the remuneration of witnesses in Chapter XVII of General Rules (Civil) for Civil (1926), and in Rules 153 to 163 of the Oudh Civil Volume 1 of 1912. 313. Production of books and register in court: Sub- Registrars are absolutely Prohibited from producing the registers or book of their officers in courts on their own authority. When a sub_ Registrar receivers an order or summons direct from a court for the production of registers or books of his office, he should return it with an endorsement that he has no power to produce the registers. etc without the authority of the District Registrar , and that if the court requires the registers, etc. the order of summons should be addressed direct to the District Registrar: District Registrars and that if the court requires that registers; etc. the order of summons should be summons or order may permit the production of the original records, but they should ordinarily refuse to do so in the exercise of the their discretion under Sections 123 and 124, Act 1 of 1872 A government servant who is to attend a court as a witness with official documents should; where permission under Section

123 · of the Evidence Act has been withheld, be given an order duly signed by the District Registrar in the following form He should produce this certificate when called upon to given his evidence and should explain that he is not at liberty to produce the registers before the court; or to give evidence from them: He should; however; take with him the registers which he has been summoned to product:

314 · Attendance for presentation of documents All documents must be presented by a person entitled to present them; to a registering officer and not to a Commissioner. Ordinarily a document must be presented at the office of registration, but in the circumstances mentioned in Section 31 it may be presented at the residence of the person wishing to present it: 315 Issue of commissions under Sections 33 and 38. When a document has been presented to a registering officer, he may issue a commission under the circumstances laid down in the Registration Act to verify a power of attorney under Section 38, or to examine an executant or witness under Section 38. The issue of a commission to a registration clerk is absolutely prohibited except in cases of extreme urgency: In every case of the issue of a commission by a departmental Sub-Registrar he should report to the District Registrar the name and the position of the person to whom it was issued, and the reason why he did not proceed to the spot himself. The order shall be briefly endorsed on the document in words to this effect "A commission is hereby issued under Section 33 or 38 of the Indian Registration Act; XVI of 1908. to (name and the

1 · In books and Il and the indexes relating to book !, to all persons applying for such copies: 2. (In books IlI and IV and the indexes relating thereto, to certain classes of persons specified in clauses 2 and 3, Section 57_ Act XVI of 1908.

327 · . (1) Anv decree-holder may; for the purpose of ascertaining the particulars required by Order XXI, Rule 66 (2) (c) of the Civil Procedure Code, apply for the search of books and II and Indexes and II, and on payment of the prescribed fee, the registering officer shall search the said books and indexes for the preceding twelve years or twelve years preceding the mortgage or attachment; as the case may be, and shall give a certificate of the result in Form No. 29. Appendix III, within twelve days of receipt of the application: A bona fide decree-holder will be entitled to obtain a supplementary search certificate for a period shorter than 12 years on payment of proportionate fees, provided he produces the original search certificate relating to the same property for a period

328 · Applications how to he made. All applications for copies, inspections and searches shall be made in writing to the registering officer The applications for- copies shall be made in Form No. 28 of Appendix 11 and bear a court-fee label of twenty-five naye paise under Schedule 11 of the Court Fees Act. 1870 (Act No, Vil of 1870), as

330 · Particulars to he stated in application for inspection. Every application for inspection shall state the year or years in the books of which inspection is desired: 331. Particulars to be stated in application for search: Every application for search shall state the year or), ears in the books of which search is desired to be made, together with such further particulars as are necessary to enable the registering officer to identify the entry sought for: It shall also contain such further information as is necessary to satisfy the registering officer that the applicant is entitled under clause 2 or 3 Section 57, Act XV I of 1908, to require a search to be made, and the registering officer may require such proof, if any, as the considers necessary of the correctness of such information.

332 · Application for and grant of copy. Applications for copies will be made in Form No. 28, Appendix III. Applications for copies which are received by the registering officer must be shown: in the register of applications for copies (Form No. 9, Appendix D) A note must be made in column II against all applications which required amendment or completion by search or inspection.

333 · Application for cOpy of entry in book IlI or IV to contain certain information. Every application for a copy of an entry in book II or book IV or in the indexes relating thereto, shall also contain such information as is necessary to satisfy the registering office r that the applicant is entitled under sub-section (2) or (3), Section 57, Act XV.1 of 1908, to claim the copy, and the registering officer may require such

334 · . Procedure to he adopted when above Information cannot he furnished. A person desirous of obtaining a copy of an entry in book or IV, of in the indexes relating thereto should if he is unable to furnish the necessary particulars apply to the registering officer to search for the entry. Application for a search for an entry, and for a copy of the entry when rounds may be made simultanesouly and in single application, bearing a court-fee label or twenty-five naye paise and the same fees will be charged as would be chargeable on two separate applications. Subject to the provisions of Rule 327, the registering officer is not required to search for entries other than those in books 111 and IV, or in the indexes relating thereto. If therefore, a person desirous of obtaining a copy of any other entry is not able to furnish such particulars as are necessary to enable the document to be traced without search; he should obtain the necessary information by inspecting the records or causing them to be inspected on his behalf:

335 · A copy of a document registrable in book 1 but inadvertently

336 · Court fee stamps 0n applications to he punched. The court- fee stamp on every application received shall be immediately punched by the receiving official, who shall add his initials and the date under it, and enter the application in the appropriate register (Forms Nos. 9, 10 and 11, Appendix 1). All applications of the same class should, save as provided by Rule 338, be dealt with inter se strictly in the order of receipt: Applications for copies received in the forenoon should, as far as

337 · Instructions In respect of inspections. Applications for inspections of records should be dealt with as early as possible and, as a rule, on the date of presentation; if it be necessary to postpone the inspection, the reasons should be noted in the column of remarks of the register of inspections (Form No. 11, Appendix I). Persons inspecting records shall not be permitted to being pen and ink into the room; pencil notes may however be made. Inspections shall take place in the presence of the registering officer O in the case of District Registrars' offices in the presence 0r the chief registration clerk in all cases due precautions should be taken to prevent tampering with the records.

338 · Instructions in respect of searches. Applications for search should be dealt with as early as possible and, as a rule on the date of presentation; if it be necessary to postpone the search, the reasons should be noted in the column of remarks of the register of searches (Form No. 10, Appendix 1).

339 · If the search required is one which cannot under clause (4), Section 57, Act XVI of 1908, or Rule 327 be claimed by the applicant, O, if the application does not contain sufficient information to enable the required entry to be identified, or if the registering officer considers it necessary to require proof of the correctness of the information referred to in Rule 331, he will inform the applicant personally if in attendance, Or

340 · Upon the completion of the search the registering officer will the applicant whether the required entry has been found or the search has proved fruitless. In the latter case the fee for starch shall not be refunded, but the applicant shall be entitled to receive if he wishes, certificate that the entry sought has not been found years in the books of which search has been made being former case he shall be permitted, if present; to read, or to the entry for the finding of which the fee has been paid, may be permitted to take notes thereof in pencil only, due precaution prevent any tampering with the registers If the applicant is not in attendance, the required intimation will be sent to him by post $ date of intimation will be entered in column 8 of register of searches (Form No. 10, Appendix 1), If the application for search has been accompanied by an application for a copy, and the entry of which the copy is required has been treated the requisite particulars should forthwith be noted oil the application for copy which shall be dealt with in the order in which it would have received priority if presented at the time at which such entries are The date of entry of such particulars will be noted in column 5 of register of applications for copies (Form No. 9, Appendix 1).

341 · Application for aid grant of copy. Upon the receipt of an application for copy, containing the particulars and information required by Rule' 332 and 333, the registering officer shall sanction the application, unless it is one which should be refused under Section 57 , Act XIV of 1908, in which a case he shall record the reasons for his

342 · Manner of intimating amount of fee chargeable for searches or copies of maps and plans' In the case of maps and plans for which no fee are fixed, the amount of the fee that will be charged will be intimated t0 the applicant in the foregoing manner the date of intimation being entered column 11 of the register of applications for copies (Form No. 9 Appendix 1). 343. In the case of an application for search or for copy presented by Post, and not accompanied by a sufficient fee the registering officer shall all intimate to the applicant by service paid post the amount of the fees required including the stamp duty, if any, payable under Article 24 of Schedulel-B of the Indian Stamp Act; 1899 (Act No 11 of 1899), as amended in Uttar Pradesh; and shall allow him a period of fifteen days within which to make good the deficiency: If at the end of such period the deficiency be not made good, the application shall be rejected The date of intimation of the fee, to the applicant will be entered in column 11 of the register of applications copies (Form No. 9, Appendix D)

344 · Refund of copying fees. If for any reason a copy the fees for which have been paid cannot be furnished to the applicant; he shall be entitled to a refund of the fee for preparation of the copy but not of the twenty five naye paise court-fee affixed to the application. Similarly, if in any case the sum paid by an applicant o account of a copy exceeds the

345 · Rules for granting and refusing inspections, searches and copies of entries in registers, indexes and miscellaneous proceedings. The rules for granting Or refusing copies and searches of the registers and indexes are contained in Section 57, Act XY] of 1908. Copies of official letters are not to be given as a mere matter of course, a copy of a report submitted to superior authority should not, as a rule, be given to the party concerned: Neither should copies of official letters from supreme authority he ordinarily given (paragraph 41 1. Manual of Government Orders'. Copies of miscellaneous proceedings between parties before registering officers should, however, not be withheld: This does not of course apply to correspondence and proceedings between officials, but only to proceedings before a registering officer, to which any of the public are parties There may conceivably he cases in which it might not be advisable to issue copies, and if such cases arise, they should be referred to the District Registrar for orders.

346 · Copies of documents etc to he stamped: Registering officers must be careful to see that the provisions of the stamp law, for the lime being in force are complied with in respect O copies of documents which they may furnish to applicants. A copy given under Section 57, Act XIV of 1908, requires to be stamped under Article 24, Schedule 1-B of the Indian Stamp Act; 1899 (Act No. 11 of 1899), as amended in Uttar Pradesh, with reference to the duty chargeable on the original document

347 · Applications to be Bled in yearly bundles. Every application for search or inspection or fond a copy shall be numbered and filed by the registering officer in yearly bundles. Upon each such application, if it is granted, should be previously endorsed the order granting the application and in the case of applications for search or inspection the numbers of the years for which the search or inspection was made and the amount of fee levied.

348 · Inspection and searches by Government officials. Free searches shall be allowed by registering officers in the following cases:

349 · Copies to be examined and certified as true copies. No copy of an entry in the registers of indexes granted under $. 57 , or reasons for refusal to register granted under sections 71 and 76 of the Registration Act, O of miscellaneous papers or proceedings of which copies may be issued under Rule 345 shall be delivered to the applicant untill it has been signed by the person who made it and, where possible, also by another person, who has compared it with the original and ascertained that it is correct, and until it has been certified to be a true copy by the registering officers. In offices where there are two or more clerks copies made by one clerk will be examined by another. Where there iS only one clerk the registering officer must himself examine the copies and sign as having done so before certifying them as true copies. In the few offices in which there is no clerk all copies must necessarily be made, examined and certified by the registering officer himself; in which case the certificate will be as follows:

350 · Re-registration for error of description: Re-registration of a document may take place under three circumstances: the first is where a deed is altered after registration by consent of parties, to correct an erTOr of description and in furtherance of their original intention: Such alteration, in effect makes the document a new one, different from the one

351 · Supplementary instrument to correct errors of description. Another; mode of correcting a misdescription in a registered document is to draw up a up supplementary document reciting the error in the former one, and the correction now intended to be made, and to

352 · Re-registration when a document has been executed by several persons at different times. The third way in which document may be registered be 'Bistered more than once is, where it purports to be

354 · Procedure on registration: Wherever a document is re-

355 ·

356 · The registering officer shall, on receipt of the District Registrar's &graph; issue a order directing the re-registration under the foregoing par defect in notice to the claimant under the document informing him of the defect in registration and requiring him to produce the original document If the document is produced, the Procedure laid down in Rule 355 shall be followed. If the document is not produced no action Deed be taken.

357 · (i) Where by inadvertence a document is registered in a wrong office, the registering officer shall inform the executing and claiming Parties of the facts register for a direction under Section 68 for its registration afresh in the Proper office.

358 · Special registration of loans under Land Improvement Act: A registering officer will ~be held liable for any loss to Government which may arise from neglect on his part in the registration of a document; the making of a search or the grant of copy of a document:

359 · Effect of the above: Section 89 of the Indian Registration Act XVI of 1908. Enact that every officer granting a loan under the Land Improvement Act"1871 shaft send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole or any part of he land to be improved or of the land to be granted as collateral security is situate, and inch registering officer shall hie the copy in his book (file book No. 1).

360 · Section 99 of the Registration Act, XVI of 1908, prescribes a special mode of registration of certain classes of documents, the effect of the provisions of this section is threefold

2 · the obligation to register is imposed upon the officer granting the loan or the court of Revenue officer granting the certificate (as the

361 · Separate registration of such documents by parties Is quite voluntary may be explained further that, although the law requires that documents of the kinds under notice shall be registered by Revenue officers and courts and not by the parties, there is nothing to prevent the holder of such a document o any- hereunder; from taking it, within four persons claiming months from its date to a registering officer having jurisdiction, for registration in the usual way, irrespective of any separate registration effected by the Revenue officer or court, but every such second registration is entirely voluntary, and in all such cases the registration is to be treated as optional and classed as such In the periodical returns [Columns 25 and 26-Miseellaneous registrations other than certified copies of decree and elder of court of the annual statement No.1].

362 · Documents presented for registration in duplicate. (i) When two or more copies of a document are presented for registration at the same time the original document shall be registered in the ordinary manner; a note being catered on the original as regards the number of duplicates registered:

363 · Stamp duty and registration fees on the duplicate copies. Stamp duty on each duplicate copy is chargeable according to the provisions of the Indian Stamp Act (11 of 1899) and registration fees will be levied at special rate laid down in Note F to Article 1 of Appendix V of the Manual:

364 · Appeals and applications to the District Registrar under Sections 72 and 73 of the Registration Act: When application is made to a District Register to reverse the order of a Sub-Registrar refusing to admit a document of the District Registrar should examine it to See registration, L was made within time i.e. 50 days after the date of the order and secondly, whether it was of the nature of application under Section 72. or of an application under Section 73, if the application be brought within time, and be of the nature of an appeal under Section 72, the District Register shall pass such orders thereon as seem to him proper under the circumstances. If it be made within time, and be of the nature of an application under Section 73, i.e. an application to establish a right to have a document registered on account of denial of execution, the District Registrar must make the enquiries prescribed in Section-74, and pass an order accordingly. This is an obligation imposed upon him by law, which he is not at liberty to avoid by referring the applicant to a Civil Court:

365 · Reasons for refusal to he recorded. Every District Registrar rejecting an appeal made under Section 12, or refusing to direct registration of a document on application made under Section 73, should record his reasons for doing so in the usual manner in his book No. II

366 · Every record of proceedings under the Registration Act before a District Registrar will be prepared in accordance with the General Rules (Civil) of 192 for Civil Courts subordinate at the High Court of Judicature at Allahabad, Chapter V for districts in the province of Agra, and in accordance with the Oudh Civil Rules, 1912 Chapter IX, for districts in the Province of Oudh:

367 · . Copies and memoranda of documents, how to be prepared. The copies and memoranda required by Sections 64, 65, 66 and 67 the Act, shall be made on Form Nos 21 and 22, Appendix III: The names and additions of all persons executing and of all persons claiming under the document; the nature and value of the transaction, and a description of the property affected by wuch transaction sufficient for its identification, being entered in the space in the forms provided for the transaction of the copy of a document: The addition of the persons concerned iS the "addition' as described in section 2 of the Act:

368 · As required by Section 287 (2) of the Cantonment Act, 11 of 1924,it amended by the Repealing and Amending Act of 1927, the District Registrar or Sub Registrar of the district or sub-district, in which any cantonment is situated shall, when any document; relating to immovable Property within he cantonment is registered, send a memorandum relating to the property and particulars of registration in Form 23, Appendix Ill, to the cantonment authority concerned or such other authority as Government may appoint in his behalf:

369 · Hindi copies and memoranda to he sent to officer who do not under- [stand English: When a District Registrar receives a copy under Sections 65. 6 and 67, of an English or Urdu document which requires that memoranda forwarded to Sub-Registrars who do not understand English or Urdu the Memoranda shall be prepared in Hindi in Devanagri script and forwarded t0 each of the subordinate Sub-Registrars within whose sub-district any part of it property is situated:

370 · Copies of memoranda to be sent through District Registrars: District Registrar receiving a copy under Section-65, clause I, shall cause the necessary memoranda for transmission to Sub-Registrar of his district to the prepared in his own office. The preparation and submission of these memoranda should not be required from the Sub-Registrar by whom the document was registered. He is only required by Section 65 to furnish a copy of the document with endorsement certificate and map, if any. Copies under Section 65 for District Registrars of district not in Ultar Pradesh shall be forwarded through the District Registrar to whom the Sub Registrar is sub- ordinate.

371 · Copies Of memoranda far foreign District Registrars to he translated into English: In forwarding to District Registrars of districts not in Utlar Pradesh vernacular copies and memoranda so received as well as these relating to vernacular documents registered by themselves under Section 66, District Registrars shall send with the copies and memoranda an English translation of their content:

372 · Date of despatch to he noted: The date on which copies and memoranda are despatched shall he entered in the column provided for endorsements in red ink in the book in which the document has been

373 · Cost of transmission of copies and memoranda: The cost of transmitting copies and memoranda will be borne by Government: The registration fees include all charges, such as those for postage, paper, envelopes, etc,, for transmission either within Or outside Uttar Pradesh.

374 · Oath or affirmation g0 he administered cautiously. The power rated in every registering officer by Section 63 of administering an oath shall not be exercised unless the registering officer doubts the truth of any

375 · Statements on oath or 2ffirmalion; how to he recorded:

376 · Form of oath: If in any special case an oath Or affirmation appears necessary. It shall he administered according to the form of oath or affirmation prescribed for witnesses under the Indian Oaths Act of 1873) by the High Court:

377 · Form of affirmation. The form of oath or affirmation presented for witnesses by the High Court of Judicature at Allahabad is:

378 · Reports of prosecution: A preliminary report of all prosecutions instituted under part XIV of the Indian Registration Act shall be made to the Inspector General as soon as any such prosecution is commenced, setting

382 · Endorsements how made:- Endorsements shall always be written by or in the presence of the registering officer and of the parties concerned. With the previous sanction of the District Registrar stamp with blank spaces may however be used for recording any of the shorter endorsement forms. It should be affixed by or in presence of the registering officer: With a person who cannot write or sign his name by means of a marks his name shall be recorded at length, and registering officer shall also sign his own name in attestation that the said mark was affixed in his" presence. When there is no room 0n a document for the necessary endorsements, they shall be made on a separate sheet if foolscap paper, and attached to the document, a note

19 ·

38 · to obtain evidence aS to the execution of a document: Form the above report I am satisfied that this document has been voluntaulty executed by. and I accordingly order it to be registered. Date. Signature of Registering Officer; etc

385 · District Registrar's inspections. By Section 68 of the Indian Registration Act the District Registrar of the district is invested with and control over Sub-Registrar god to enable him to exercised such super- vision and control in an efficient manner; it is essential that he should examine the registers and other records therein as often as possible. Offices of all Sub-Registrars at the headquarters of a registration district shall be frequently inspected by District Registrars, and. other registration; offices once at least in each year by visiting such offices or by calling for and inspecting the books and indexes, etc , which should be brought by the departmental Sub-Registrars in person and not by his clerk. Work must necessarily be stopped while the books are away' and this arrangement would enable the District Registrar to personally see the departmental Sub-Registrar and test his physical fitness. etc. The result of all inspections should be recorded in the inspection book of the office, and a copy sent to the Inspector General within L 5 days from the date of inspection. In submitting the results of inspection, the purport of the orders issued should invariably he noted thereon before they are transmitted to the Inspector General:

386 · To save probable inconvenience and disappointment to the public from the outlying office being closed owing to the absence of a Sub-Registrar at headquarters for inspection Or other purposes for three OI, four days at a lime under Rule 385, District 'Registrars should give fiftenl3 days' notice of the date an which the Sub-Registrar will be required in Order that the Sub-Registrar way post up a notice at his office stating the date between which the office will be closed the public

387 · Examination of registers. When the Examination of the registers takes place at headquarters, the points on which the District Registers attention should be chiefly directed are -

9 · Whether the descriptions entered in book No. VI of powers-of- attorney authenticated show that authority was given to present documents for registration, and in the case of special powers, the offices where such powers were intended to be used. He should also see whether the endorsement shows that the power- of-attorney was executed before the Sub-Registrar.

388 · When the District Registrar examines an office in situ he should also see-

2 · the almirahs whether in good order with locks and whether they are sufficient: he should also examine the Condition of the registers and

391 · Inspecting officers to have free access and necessary Sub-Registrar's shall allow the inspecting Officers free access to all registers and Papers in their offices and shall give them all information Which they may equire and afford them every facility for the due performance of their duties. Inspecting officers should report any case in which this rule is not observed.