(1) The Inspector-General shall exercise a general superintendence over all the registration offices in the territories under the 1 [State Government], and shall have power from time to time to make rules consistent with this Act--
(a) providing for the safe custody of books, papers and documents; 2 [***]
3 [(aa) providing the manner in which and the safeguards subject to which the books may be kept in computer floppies or diskettes or in any other electronic form under sub-section (1) of section 16A;]
(b) declaring what language shall be deemed to be commonly used in each district;
(c) declaring what territorial divisions shall be recognized under section 21;
(d) regulating the amount of fines imposed under sections 25 and 34, respectively;
(e) regulating the exercise of the discretion reposed in the registering officer by section 63;
(f) regulating the form in which registering officers are to make memoranda of documents;
(g) regulating the authentication by Registrars and Sub-Registrars of the books kept in their respective offices under section 51;
4 [(gg) regulating the manner in which the instruments referred to in sub-section (2) of section 88 may be presented for registration;]
(h) declaring the particulars to be contained in Indexes Nos. I, II, III and IV, respectively;
(i) declaring the holidays that shall be observed in the registration offices; and
(j) generally, regulating the proceedings of the Registrars and Sub-Registrars.
(2) The rules so made shall be submitted to the 1 [State Government] for approval, and, after they have been approved, they shall be published in the 5 [Official Gazette], and on publication shall have effect as if enacted in this Act.
STATE AMENDMENTS
6 Andhra Pradesh:
In section 69, after clause (b) of sub-section (1), insert the following clause (bb), namely:--
"(bb) providing for the grant of licences to document writers, the revocation of such licences, the terms and conditions subject to which and the authority by whom such licences shall be granted, the exemption of any class of document writers from the licensing provisions and the conditions subject to which such exemption shall be granted and generally for all purposes connected with the writing of documents to be presented for registration."
In section 69,--
(i) to clause (g) of sub-section (1) add the following words: "and the manner of recopying such books or portions thereof".
(ii) after clause (h) of sub-section (1) insert the following new clause: "(hh) regulating the manner of recopying indexes on portions thereof."
(iii) after clause (b), insert the following new clause, namely:--
"(bb) providing for the grant of licences to document-writers and apprentices to document-writer, the suspension and cancellation of such licences, the terms and conditions under which such licences may be granted and generally for all other purposes connected with the writing of documents to be presented for registration."
(iv) after clause (hh) of sub-section (1), insert the following clause, namely,--
"(i) (hh1) regulating the number and manner in which the true duplicate typed or handwritten copies of documents and translation of documents under section 19 shall be prepared and the books in which they shall be placed on record;
(ii) (hh2) regulating the form of declaration and the manners of keeping the records under sub-section (2) of section 32A."
11 Delhi:
Same as in Punjab.
12 Gujarat:
Same as in Maharashtra.
13 Himachal Pradesh:
Same as in Bihar (iii).
In section 69(1),--
(i) in clause (g) after the word and figures "section 51" insert the words "and the manner of recopying such books on portions thereof",
(ii) after clause (i) insert us under--
"(ii) prescribing the manner in which and the terms subject to which persons who write deeds outside the precincts of a registration officer, or who frequent the precincts of registration officers, for the purpose of writing documents may be granted licence and prescribing the fees to be paid for such licences;"
In section (1) of section 69 after clause (j), the following shall be inserted, namely:--
"(k) providing for the manner of return of documents under sub-section (2) of section 61".
16 Kerala:
In section 69 after clause (b) of sub-section (1) insert the following clause:--
"(bb) providing for grant of licences to document writers, the revocation of such licences, the terms and conditions subject to which and the authority by whom such licence shall be granted and generally for all purposes connected with the writing of documents to be presented for registration."
Note.--Clause (bb) inserted in sub-section (1) of section 69 by the Indian Registration (Travancore-Cochin Amendment) Act, 1952 (T.C. Act 25 of 1952) is omitted.
17 Madhya Pradesh:
MAHAKOSHAL.--In its application to the Mahakoshal region of the State of Madhya Pradesh, in section 69 after clause (j) of sub-section (1) the following clause (k), shall be inserted:
"(k) prescribing the manner in which and the terms subject to which persons who write documents for presentation to a registering officer may be granted licences and the fees to be paid for such licences."
In section 69--
(i) to clause (g) of sub-section (1) add the following, namely: "and the manner of recopying such books or portions thereof."
(ii) after clause (gg) of sub-section (1) insert the following clause:
"(ggg) regulating the procedure for transmitting documents for being photographed and the serial numbering binding and preservation of the photographic prints and negatives, the manner of fixing the signature and seal of the Photo-Registrar at the end of a length of film, and the procedure generally in the Government Photo-Registary."
(iii) after clause (h) of sub-section (1) after the figures I and 'II' insert the figures "IA" and "IIA" respectively.
VIDARBHA.--Note: As all the above amendments extend to and are in force in the whole State of Maharashtra including its Vidarbha region, clause (k) inserted in sub-section (1) of section 69 by M.P. Act 8 of 1955 is, so far as it applied to be Vidarbha region, repealed by Bombay Act 35 of 1958, section 3 (w.e.f. 24-4-1958).
21 Manipur:
In section 69, after clause (b) insert as under:
"(bb) providing for the grant of licences to document writers, the revocation of such licences, the terms and conditions subject to which and the authority by whom such licences shall be granted, and generally for all purposes connected with the writing of documents to be presented for registration including the rates of fees to be charged by the licensed deed writers for writing out deeds, petitions etc."
22 Orissa:
In section 69(1), after clause (b), insert as under:
"(bb) providing for the grant of licences to document writers, the revocation of such licences, the terms and conditions subject to which and the authority by whom such licences shall be granted, the exemption of any class of document writers from the licensing provisions and the conditions subject to which such exemption shall be granted and generally for all purposes connected with the writing of documents to be presented for registration."
23 Pondicherry:
In section 69(1), after clause (b), insert as under:
"(bb) providing for the grant and renewal of licences to document writers, the revocation of such licences, the terms and conditions subject to which and the authority by which such licences shall be granted or renewed or revoked, the penalties for breaches of the terms and conditions of such licence, the scale of fees to be charged by document writers, the exemption of any class of document writers from the licensing provisions, the conditions subject to which such exemption may be granted, and generally for all purposes connected with the writing of documents to be presented for registration."
24 Punjab, Haryana and Chandigarh:
In sub-section (1) of section 69, after clause (b), insert the following clause, namely:--
"(bb) declaring what persons shall be permitted to act as document writers in the offices of registering officers, regulating the issue of licences to such persons, the conduct of business by them, the scale of fees to be charged by them and determining the authority by whom breaches of such rules shall be investigated and the penalties which may be imposed."
Same as that of Kerala above.
After clause (d) insert as under--
"(dd) providing for recovery of deficit registration fee;
(ddd) providing for refund of registration fee paid in excess;"
After sub-section (2), following be added:--
"(3) The Inspector-General shall have power to issue any order consistent with this Act which he considers necessary in respect of any act or omission of any person subordinate to him or in respect of rectification of any error regarding the book or the office in which any document has been registered."
28 Tripura:
In section 69(1), after clause (b) insert as under:
"(bb) providing for the grant and renewal of licences to document writers, the revocation of licences granted to such writers and generally for all purposes connected with the writing of the documents and with the writing of the true copies of the documents to be presented for registration."
(i) after clause (h), insert the following new clauses, namely:--
"(hh) regulating the manner in which translations to be delivered under section 19 shall be prepared and in which they shall be declared to be faithful translations;
(hhh) providing for the grant of licences to document writers, the suspension or revocation of such licences, the terms and conditions subject to which and the authority by whom such licences shall be granted, suspended or revoked, and generally for all purposes connected with the drafting or writing by such document writers of documents to be presented for registration;
(hhhh) regulating the manner of recopying the books kept under section 51 and the Indexes;"
Clause (hh) as inserted by Uttar Pradesh Act 14 of 1971, substituted by Uttar Pradesh Act 19 of 1981, section 13 (w.r.e.f. 1-8-1981).
(ii) after clause (d) insert as under--
"(dd) providing for refund of registration fees paid in excess;
(ddd) providing for recovery of deficiency in registration fees."
____________________________
1. Substituted by the A.O. 1950, for "Provincial Government".
2. Certain words rep. by Act 5 of 1917, section 6 and Schedule.
3. Inserted by Act 48 of 2001, section 9 (w.e.f. 24-9-2001).
4. Inserted by Act 39 of 1948, section 4.
5. Substituted by the A.O. 1937, for "Local Official Gazette".
6. Vide Andhra Pradesh Act 5 of 1960, section 2 (w.e.f. 16-12-1960).
7. Vide Bihar Act 14 of 1947, section 3 (w.e.f. 21-4-1947).
8. Vide Bihar Act 24 of 1952, section 3 (w.e.f. 22-10-1952).
9. Vide Bihar Act 6 of 1991, section 6 (w.e.f. 8-8-1991).
10. Vide Bihar ordinance 7 of 1997, section 5 (w.e.f. 11-8-1997).
11. See G.S.R. 465 of 1955, Gazette of India, 1965, Pt. II, section 3(i), p. 499.
12. Vide Act 11 of 1960, section 87 and Gujarat A.L.O., I960.
13. Vide Himachal Pradesh Act 2 of 1969, section 7 (w.e.f. 1-4-1969).
14. Vide Karnataka Act 55 of 1976, section 13 (w.e.f. 23-10-1976).
15. Vide Karnataka Act 41 of 1984, section 4 (w.e.f. 7-11-1986).
16. Vide Kerala Act 2 of 1959, section 3 (w.e.f. 1-6-1960).
17. Vide Madhya Pradesh Act 8 of 1955, section 2 (w.e.f. 18-4-1955).
18. Vide Bombay Act 24 of 1938, section 4 (w.e.f. 8-2-1939) read with Act 35 of 1958, section 2 (w.e.f. 24-4-1958).
19. Vide Bombay Act 35 of 1958, section 6 (w.e.f. 24-4-1958).
20. Vide Bombay Act 5 of 1929, section 11 (w.e.f. 25-5-1929) read with Act 35 of 1958, section 2 (w.e.f. 24-4-1958).
21. Vide Manipur Act 5 of 1975, section 2.
22. Vide Orissa Act 11 of 1976, section 2 (w.e.f. 13-4-1976).
23. Vide Pondicherry Regulation 2 of 1977, section 2 (w.e.f. 1-4-1977).
24. Vide Punjab Act 19 of 1961, section 6 (w.e.f. 4-5-1961); Act 31 of 1966, section 88 (w.e.f. 1-11-1966).
25. Vide Rajasthan Act 18 of 1953, section 2 (w.e.f. 10-10-1953) read with Act 27 of 1957, section 3.
26. Vide Rajasthan Act 11 of 1982, section 7 (w.e.f. 16-6-1982).
27. Vide Rajasthan Act 18 of 1989, section 6 (w.e.f. 18-9-1989).
28. Vide Tripura Act 7 of 1982, section 13 (w.e.f. 1-1-1983).
29. Vide Uttar Pradesh Act 14 of 1971, section 5 (w.e.f. 25-5-1971).
30. Vide Uttar Pradesh Act 48 of 1975, section 3 (w.e.f. 1-11-1975).