Rules under the Registration Act, 1908
[AS APPLICABLE IN UTTAR 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
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.
INSPECTOR OF REGISTRATION OFFICES
The Utter Pradesh Service of Inspectors of Stamps and Registration
Rules, 1942, published with Government Notification No.M-998/X-
702-1942, dated 8th May, 1942
4. Rule 1. Short title and commencement.-(1) These rules may be
called " The Uttar Pradesh Service of Inspectors of Stamps and Registrar
(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, or orders issued or purporting to have been made or
issued, under the provisions of the Uttar Pradesh Stamps Service Rules or
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 or 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;
(c) "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;
(h) " The Services" means the Uttar Pradesh Service of Inspectors of
Stamps and Registration.
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; or
(2) create additional permanent or temporary post in the cadre of the
Service from time to time as may be found necessary.
8.Rule5. Sources from which appointments are to be made.
(1) Appointment to the Service shall be made by-
(i) 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-
(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;
(i) 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.
In the event of an increase in the strength of the Service the Governor
shall decide the source from which additional post or posts shall be filled.
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) A 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
(2) No person shall be eligible for appointment to the service unless he
can read and write Hindi and Urdu with case.
11. Rule 8. [Deleted]
A- Appointment by promotion of Sub-Registrars
12. Rule 9. Procedure for appointment by promotion of Sub-
(1) For the purposes of appointment under clause (i) of sub-rule (1) of
Rule 5, a selection strictly on merit shall be made from amongst Sub-
Registrars who are eligible for promotion under these rules.
(2) (i) Each District Registrar, when called upon by the Inspector
General, shall in consultation with the Inspector of Stamps and
Registration of the circle, recommend to the Inspector General one of the
several Sub- Registrars eligible for appointment serving within his
jurisdiction for promotion to a post in the cadre of the Service:
(a) the District Registrar shall make no such recommendation if in his
judgment there is no suitable Sub-Registrar eligible for promotion under
(b) the District Registrar may, while making his recommendation, take
into consideration the claims of any Sub-Registrar who may have been
transferred from his jurisdiction within one year preceding the date on
which he receives the reference from the Inspector General asking him to
make a recommendation under this sub rule, but, in order to avoid a
double recommendation, the District Registrar shall not recommend any
such Sub-Registrar if on inquiry from the District Registrar concerned he
finds that the same Sub-Registrar is being recommended by that District
(iii)The Inspector General shall enter the names of all Sub-Registrars so
recommended together with not more than two nominees of his own for
each vacancy to be filled under this rule in a list and shall submit the
same with such remarks as he may think fit to make to the Secretary to
Government in the Finance Department along with the character rolls and
personal files, if any, of all the nominees.
13. Rule 10. (1) A preliminary selection from amongst the Sub-Registrars
recommended under the preceding rule shall be made by a Departmental
Selection Committee consisting of-
(i) the Finance Secretary to Government;
(ii) the Inspector General ; and
(iii) an officer to be nominated by the Governor:
Provided that if a member of the Committee is unable to be present at a
meeting of the Committee and officer of the Finance Department other
than the Finance Secretary will take his place,
(2) The Committee shall consider the cases of all the Sub-Registrars in
the list received from the Inspector-General and may examine their
character rolls and personal files, if any, and may call all or any of them
(3) The Committee shall prepare a list containing the names of the Sub-
Registrars whom it recommends for promotion. The number of names in
the list shall be equal to the number of vacancies to be filled by the
promotion of Sub-Registrars. The Committee shall also prepare a
supplementary list containing in order of merit the names of other
candidates whom he considers fit for promotion and which shall not be
less than half nor more than the number of Sub-Registrars included in the
first list. The Committee shall both lists to Government.
(4) Government shall forward both lists to the Commission together with
the character rolls and the personal files, if any, of the Sub-Registrars
included therein, and shall ask the Commission to advise on the
suitability for promotion of the Sub-Registrars included in the first list. If
the Commission is of opinion that none of these Sub-Registrars is suitable
for promotion, it shall consider the names in the supplementary list to the
order in which they are placed in that list and shall advise on the
suitability of the Sub-Registrar or Sub-Registrars on that list for
promotion. The Commission shall report to Government the names of
Sub-Registrars whom it considers suitable for promotion but shall not
arrange them in order of preference.
(5) The final selection shall then be made by the Governor.
B-Appointment by promotion of the officials
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
officials mentioned in that rule, who are eligible for appointment under
(2) The Inspector General shall request-
(i) the High Court to recommend the Stamp Reporter on its staff for
promotion to the Service if he is eligible under the rules and the Court
considers him suitable for such appointment and to forward his character
roll and personal file, if any;
(ii) each District Judge in the Uttar Pradesh to recommend one of the
munsarims of the several civil courts in his judgeship for appointment to
the Service, and to forward his character roll and personal file, if any:
Provided that the District Judge shall make no recommendation if in his
judge, in his judgment there is no suitable munsarim in his judgeship
eligible for appointment under the rules.
(3) The Inspector General shall himself recommend an official of the
Stamps and Registration Department other than a Sub-Registrar, for
promotion in the service and shall also recommend in his capacity as
Chief Inspector of Offices, one of the Inspectors of Offices for similar
Provided that no recommendation under this sub-rule shall be made if
there is no suitable person eligible for promotion under the rules.
(4) Government shall forward both lists to the Commission together with
the character rolls and the personal files, if any, of the Sub-Registrars
included therein, and shall ask the Commission to advise on the
suitability for promotion of the Sub-Registrars included in the first list. If
the Commission is of opinion that none of these Sub-Registrars is for
promotion, it shall consider the names in the supplementary list to the
order in which they are placed in that list and shall advise on the
suitability of the Sub-Registrar of Sub-Registrars on that list for
promotion. The Commission shall report to Government the name of
Sub-Registrars whom it considers suitable for promotion but shall not
arrange them in order of preference.
(5) The final selection shall then be made by the Governor.
B-Appointment by promotion of the officials.
14. Rule 11. Procedure for appointment by promotion of other
officials. (1) For the purposes of appointment under clause (ii) of subrule
(1) of Rule 5 a selection strictly on merit shall be made from amongst
the officials mentioned in that rule, who are eligible for appointment
under these rules.
(2) The Inspector General shall request-
(i) the High Court to recommend the Stamp Reporter on its staff for
promotion to the Service is he is eligible under the rules and the Court
considers him suitable for such appointment and to forward his character
roll and personal file, if any;
(ii) each District Judge in the Uttar Pradesh to recommend one of the
munsarims of the several civil courts in his judgeship for appointment to
the Service, and to forward his character roll and personal file, if any;
Provided that the District Judge shall make no recommendation if
in his judgment there is no suitable munsarim in his judgeship eligible for
appointment under the rules.
(3) The Inspector General shall himself recommend an official of the
Stamps and Registration Departments, other than a Sub-Registrar, for
promotion in the Service and shall also recommend in his capacity as
Chief Inspector of Offices, one of the Inspectors of Offices for similar
Provided that no recommendation under this sub-rule shall be made
if there is no suitable person eligible for promotion under the rules.
(4) The Inspector General shall enter the names of all the persons
recommended under the two preceding sub-rules in a list and shall submit
the same with such remarks as he any think fit to make to the Secretary to
Government in the Finance Department along with the character rolls and
personal files, if any, of all the persons so recommended.
15. Rule 12. Further proceedings shall then be taken in accordance
with the provisions of Rule 9 with the modification that reference to Sub-
Registrars in that rule shall be construed as reference to the officials
included in the list prepared under sub-rule (4) of the preceding rule.
Appointing authority, probation and confirmation
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
of temporary capacity be placed on probation for a period of one year
from the date on which he joins his appointment:
Provided that the Governor may-
(a) in any special case, extend the period of probation by such further
period as he may deem fit;
(b) permit the period during which a person has held officiating or
temporary appointments as Inspector of Stamps and Registration to be
counted, in whole or in part, towards the period of probation under this
18. Rule 13. Training, departmental examination and
(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 or 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.
(2) Every officer appointed by promotion shall during the period of his
probation, have to pass such departmental examination under the rules
prescribed by the Governor:
Provided that the Governor may, in any special case, exempt an
officer from passing the departmental examination in one or more
Note. The syllabus and the rules at present prescribed for this
Departmental Examination will be found in the rules of the conducts of
Departmental Examination in Uttar Pradesh.
(3) If it appears at any time during or a the end of the period of probation,
or the extended period of probation, as the case may be, that a probationer
has not, made sufficient use of his opportunities or if he has otherwise
failed to give satisfaction or is found to be unfit for permanent
appointment to the Service, the Governor may revert him to his
(4) Subject to the provisions of sub-rule (3), a probationer shall be
confirmed in his appointment at the end of the period of probation, or the
extended period of probation, as the case may be, if he is reported by the
Inspector General to be fit for confirmation and, in the case of a
probationer appointed by promotion under sub-rule (1) of Rule 5, if he
has also passed all the prescribed departmental examination unless
specially exempted under Rule 15 (2).
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
(2) A person holding the post of Personal Assistant mentioned in Rule 4
shall also receive a special pay of Rs. 50 per mensem.
(3) No person shall be allowed to cross an efficiency bar unless the
Governor is satisfied that he has been working satisfactorily and to the
best of his ability and his integrity is certified.
(4) The pay of a person appointed to the service shall, during his period
of probation, be regulated by the rules in the Uttar Pradesh Fundamental
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:
Provided that the seniority of members of the Service appointed by
an order issued on the same date, shall be specially determined by the
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.
[Rules under the Indian Registration Act, 1908 (XVI of 1908)]
30. Tour. Unless otherwise ordered by the Inspector General of
Registration each Inspector must inspect every Sub-Registrar's office in
his circle at least twice a year and every District Registrar’s 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 on 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.
Note. All offices that are required to be inspected twice a year should be
inspected once in the first half and again in the second half of the year;
provided that an inspection taking place within three months of the
inspection the preceded it shall be taken into account of the purpose of
Explanation. Extraordinary inspections required by special
circumstances should be made irrespective of the interval prescribed
above; such extraordinary inspections shall not be taken into account or
for the purposes of compliance with this rule.
31. Circles and Inspectors. The Inspector General may from time to
time alter the limits of Inspector’s 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.
The Inspector General may also fix or change the headquarters of
the Inspectors and may transfer Inspectors from one circle to another. An
Inspector should in ordinary circumstances stay in a circle for not less
than four and not more than five years, although this rule need not be
applied with any rigidity to Inspectors about to retire.
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
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
the Civil Services (Classification, Control and Appeal) Rule shall be
followed before any punishment is imposed on them.
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.
Note. For this rule see Appendix VIII.
After countersignature, the bills will be returned to the Inspectors,
who may then draw the amounts at any headquarters treasury within their
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’s office within his circle. His functions are confined to
inspection and report; he is not empowered to direct any changes in the
existing procedure or in the distribution of work. All such orders will be
issued upon his reports by the District Registrar or, 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
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
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 or 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.
Under the provisions of Section 2 (9) (b) of the Indian Stamp Act,
1899 (II of 1899), Inspectors of Registration have been appointed to be
Collectors for the purposes of Section 40 of the same Act. They shall
also be deemed to be persons in charge of public offices for purposes of
Section 33 of the Act.
44. Halts and marches. Halts for purposes of inspection shall be
confined to the period required exclusively for official work and shall on
no account be prolonged unnecessarily. In proceeding from one office to
another, journeys must be made with as much expedition as possible, the
necessity for intermediate halts, if any, being fully explained in the diary.
The Inspectors may, however, avail themselves of Sundays and gazetted
revenue (not civil) holidays.
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.
The Sub-Registrars’ Service Rules, 1942
46. Rule 1. Short title and commencement. (1) These rules may be
called the Sub-Registrars’ Service Rules, 1942.
(2) They shall take effect from the date of their notification in the official
(a) nothing in these rules shall be construed as affecting or invalidating
appointments made, or orders issued, under the rules hereby superseded,
and all such appointments and orders shall continue in force and shall be
deemed to have been made or issued under the appropriate provisions of
(b) these rules shall not limit or abridge the power of a District
Registrar to make temporary appointment to the posts of Sub-Registrar
under Section 12 of the Indian Registration Act, 1908.
47. Rule 2. Status of the service. The service of Sub-Registrars is a
48. Rule 3. Definitions. In these rules, unless there is anything repugnant
in the subject or context,-
(a) “Commission” means the Uttar Pradesh Public Service
(b) “direct recruitment” means recruitment under rule 5 (1) (i);
(c) “District Registrar” means the Registrar of the district appointed
under Section 6 of the Indian Registration Act, 1908;
(d)“Government” means the Government of Uttar Pradesh;
(e) “Governor” means the Governor of Uttar Pradesh;
(f) “Inspector General” means the Inspector General of
Registration, Uttar Pradesh appointed under Section 3 of the
Indian Registration Act, 1908;
(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 of the rules in force previous to
the publication of these rules;
(h) “the service” means the Service of Sub-Registrars.
49. Rule 4. Cadre. The sanctioned strength of the service at present is
214, but the Governor-
(a)may create additional permanent or temporary posts in the cadre
of the Service as may from time to time be necessary;
(b)may hold in abeyance, or the Inspector General may leave
unfilled, any vacant post in the cadre of the Service without
thereby entitling any servant of the State to compensation.
50. Rule 5. Sources of recruitment. (1) Recruitment to the Service shall
(i) on the result of a competitive examination conducted by the
(ii) by promotion from amongst the clerical establishment of
registration offices and the Inspector General’s office:
Provided that not more than twenty five per cent of the vacancies
occurring in any year after the promulgation of these rules may be filled
by promotion from amongst the clerical establishment of registration
offices and the Inspector General’s office.
(2) Subject to the provisions of sub-rule (1) and Rule 6, the Inspector
General shall, after calculating the number of vacancies likely to occur
during the recruitment year, decide the number of recruits to be taken
from each of the two sources specified in sub-rule (1), and, in the case of
direct recruitment, also the number of posts which are to be reserved for
any particular community or class.
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
52. Rule 7. Nationality, domicile and residence. No person shall be
recruited to the Service under Rule 5 (1) (i) unless he be-
(a) a natural born citizen of Indian whose original domicile is in
Uttar Pradesh, provided he has not acquired a domicile
(b) a natural born citizen of Indian whose original domicile is not in
Uttar Pradesh, but who has acquired a domicile in Uttar Pradesh
and has resided there for not less than five years at the date on
which he applies for recruitment to the service or post; or
(c) the ruler or a subject of an Indian State or a native of a tribal
area or territory adjacent to India, in respect of whom or which
a declaration has been made by the Governor of Uttar Pradesh
under sub-section (2) of Section 262 of the Government of India
Exception. Notwithstanding anything contained in the rule, a natural born
citizen of India whose father is or, if dead, was (at the time of his death)
employed in any department of the Central Government, and is (or was)
liable to inter-Provincial transfers, shall be eligible for recruitment,
provided he has himself resided in Uttar Pradesh for three continuous
years immediately Preceding the date of application for appointment.
Note. (1) A declaration as required by sub-rule (c) above has been issued
with regard to the subjects of the State of Benaras, Rampur and Tehri
(2) The original domicile prevails until a new domicile has been acquired,
and a new domicile continues until the former domicile has been resumed
or another has been acquired. But a person can have only one domicile at
one time for the purpose of this rule.
(3) A person acquires a new domicile by taking up his fixed habitation in
a province which is not that of his original domicile. Such a person may
make a declaration of his having acquired a new domicile before the
District Magistrate of the district in which he takes up his fixed habitation
but such declaration shall not by itself be regarded as sufficient proof of
change of domicile.
53. Rule 8. Sex. A candidate for recruitment to the Service must be a
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.
(2) No person shall be selected for appointment to the Service under Rule
5 (1) (ii) unless he shall have attained the age of 30 years and shall not
have attained the age of 45 years on the 1st day of April of the financial
year following that in which selection is made.
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.
(2) A candidate for recruitment by promotion under Rule 5 (1) (ii) must
have passed the High School examination of the Board of High School
and Intermediate Education, Uttar Pradesh, or an examination recognized
by the Governor as equivalent thereto. No exemption from this
qualification shall be granted in any case. Other thing, being equal,
preference will be given to whose who possess a degree of Bachelor of
Law over and above.
Note. The following examinations have been recognized as equivalent to
the examination mentioned in this sub-rule:
(i) Admission examination of the Banaras Hindu University.
(ii) Cambridge School Certificate examination; provided that a
student has passed in five of such subjects as are recognized for the High
School examination of the Board of High School and Intermediate
Education, Uttar Pradesh.
(iii) Diploma Examination of the Royal Indian Military College,
Dehra Dun, so long as the syllabus and the standard of the examination
continues to be the same as those of the Diploma Examination of the
(iv) School Leaving and Matriculation Examination that were
previously held in Uttar Pradesh.
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 or 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.
Note. A conviction need not of itself involve the refusal of a certificate
of good character. The circumstances of the conviction shall be taken
into account and if they involve no moral turpitude or association with
crimes of violence or with a movement which has a its object the
overthrow by violent means of Government as by law established the
mere conviction need not be regarded as a disqualification.
Procedure for direct recruitment
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.
(2) No candidate shall be admitted to the examination unless he
hold a certificate of admission granted by 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.
Note. The syllabus and the rules at present prescribed are shown in
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.
Note. The scales of fees at present prescribed are shown in
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 only 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.
(2) Except for the purpose indicated above, the marks obtained by
the candidates in the written test shall not be disclosed to the members of
the Commission who conduct the viva voce examination until the
examination is over and marks therefore have been finally awarded.
(3) The Commission shall prepare a list of the candidates in the
order of their proficiency as disclosed by the marks finally awarded to
each candidate and shall forward it to the Inspector General. If two or
more candidates obtain equal marks in the aggregate the Commission
shall arrange them in order of merit on the basis of their general
suitability for the Service.
(4) The Inspector General shall select such candidates of each
community or class as stand highest in order of merit in the list received
from the Commission up to the number of vacancies to be filled from that
community or class; provided that he is satisfied that the candidates
comply with the qualifications of Service as previously announced.
(5) The names of the candidates selected shall be entered in the
order in which the Commission arrange them under sub-rule (3), in a
waiting list of directly recruited candidates to be maintained by he
Procedure for recruitment by promotion
61. Rule 16. Procedure for promotion of candidates from amongst the
clerical establishment o registration offices and Inspector General’s
(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.
(2) Each District Registrar, when called upon by the Inspector General,
shall, in consultation with the Inspector of Stamps and Registration of the
circle, nominate a candidate of proved integrity and from amongst the
clerical establishment of the registration officers under his charge for
promotion to the Service and shall forward to the Inspector General the
character roll and personal file, if any, of the person so nominated:
Provided that the District registrar shall make no nomination if in
his judgment there be no suitable candidate eligible for such promotion
under the rules.
(3) The Inspector General may also nominate not more than three
candidates from amongst the persons eligible for promotion to the
Service under Rule 15 (1) (ii).
(4) A preliminary selection from among the persons nominated under the
last two preceding sub-rules shall be made by a departmental Selection
Committee consiting of-
(a) the Finance Secretary to Government, or an officer nominated
(b) the Inspector General; and
(c) the District Registrar of the district in which the meeting of the
Committee is held.
(5) The Committee shall consider the cases of all the nominees, and if
necessary, after interviewing all or 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 order 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
(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 o 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.
(7) Final selection shall then be made by the Inspector General after
considering the advice of the Commission.
(8) The names of the candidates selected under sub-rule (7) Shall
be entered in a waiting list of candidates recruited by promotion to be
maintained by the Inspector General, the names in the list being arranged
in the descending order of age.
Appointment, probation and confirmation
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.
(2) Before a candidate directly recruited under rule 5 (1), is finally
approved for appointment to the Service he shall be required to produce a
certificate of physical fitness from the Civil Surgeon of the district in
which he may be residing for the time being. A candidate failing to
produce such a certificate shall be disqualified for appointment to the
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
year for which they were selected for appointment, those remaining shall
be entered at top of the next year’s lists and absorbed first in the same
order as if there had been no break in the process of absorption from their
original lists of recruitment in a year to which candidates had carried
forward pro rata.
(2) Subject to the provisions of proviso (b) sub-rule (2) of Rule 1,
the Inspector General may make appointments to temporary or officiating
vacancies from persons who are eligible for appointment to the Service
under these rules.
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:
Provided that the Inspector General may-
(a) permit the period during which a person may have held
officiating or temporary appointments as Sub-Registrar to
be counted in whole or in part towards the period of
probation prescribed by this rule;
(b) for sufficient reasons extend the period of probation by
such further period, not exceeding one year, as he may
(2) Every probationer shall be required to pass, within his period of
probation, a departmental examination, the syllabus and the rules relating
to which shall be prescribed by the Governor:
Provided that the Governor may for special reasons exempt any
Sub-Registrar recruited by promotion from passing the examination in all
or any of the subjects.
(3) The Inspector General may dispense with the services of a
probationer or revert him to his substantive appointment, as the case may
be, during or at the end of his period of probation, if the probationer has
failed to pass the departmental examination within the original or the
extended period of probation and has not been exempted from passing
that examination under the proviso to the last preceding sub-rule, or has
failed to give satisfaction or is found to be otherwise unfit for permanent
appointment to the Service. A probationer whose services are dispensed
with under this sub-rule will not be entitled to any compensation.
(4) Subject to the provisions of sub-rule (3), a probationer shall be
confirmed in his appointment by the Inspector General on the expiration
of his period of probation, if he has passed the departmental examination
and is considered fit for promotion.
65. Rule 20. (1) Subject to the provisions of the Revised Rates of pay
Rules (19310 and the Revised Rates of 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 or as a temporary
measure shall be as follows:
(i) For those appointed before 4th July, 1931:
One post on Rs. 275 per mensem;
One post on Rs. 250 per mensem;
Two posts on Rs. 225 per mensem each;
Three posts on Rs. 200 per mensem each;
Five posts on Rs. 175 per mensem each;
Eight posts on Rs. 150 per mensem each;
Twenty-five posts on Rs. 125 per mensem each;
Forty-seven posts on Rs. 100 per mensem each;
Forty-nine posts on Rs. 90 per mensem each;
Thirty-four posts on Rs. 75 per mensem each;
Fifteen posts on Rs. 60 per mensem each.
(ii) For those appointed on or after 4th July, 1931, before 1st
Grade I- Twenty posts on Rs. 175-5-200 per mensem each;
Grade II- Sixty-five posts on Rs. 100-5-150 per mensem
Grade III- Seventy-eight posts on Rs. 60-5-90 per mensem
* The revised scale of pay of departmental Sub-Registrar with effect from
April 1, 1947 is Rs. 150-8-292-EB-12-360. The scale of pay has been
revised with effect from April 1, 1965 as follows:
(1) Sub-Registrars- Rs. 225-15-300EB-15-360-20-360-EB-20-500.
(2) Selction Grade – Rs. 350-90-390-25-440-EB-25-540-EB-25-
Probations- Twenty-five posts on Rs. 50 per mensem each.
(iii) For those appointed on or after 1st July,1938:
Grade I- Twenty posts on Rs. 180-10-200 per mensem each;
Grade II – Forty posts on Rs. 135-7-170 per mensem each;
Grade III – Sixty posts on Rs. 90-5-125 per mensem each;
Grade IV – Ninety-four posts on Rs. 60-4-84 per mensem
Note. (1) The scale of Rs. 60-4-84 in Grade IV shall apply to persons
recruited on or after 1st April, 1945 and to persons who were holding post
in Grade V on 31st March, 1945, and were promoted to Grade IV on 1st
April, 1945, on the abolition of Grade V.
(2) The permanent incumbents of posts in Grade IV who continued
in that grade after 1st April, 1945, shall continue to draw pay in that grade
in the scale of Rs. 65-4-85 so long as they remain in that grade and that
scale of pay shall be personal to them.
(3) The scale of Rs. 65-4-85 in Grade, IV will gradually be
replaced by the scale of Rs. 60-4-84 on the occurrence of vacancies in
that grade, which will then be filled by new recruits on the later scale of
(2) A directly recruited candidate shall, on appointment to a post in
the cadre of the Service, draw Rs. 60 per mensem, being the minimum of
the last grade in clause (iii), sub-rule (1), during the first year o his
probation and Rs. 61 per mensem during the rest of the period of
probation; provided that service during the first year is approved and
other tests and conditions attaching to the probation during that period are
satisfied. On confirmation he shall be placed at the Rs. 68 stage in the
(3) The initial pay of person recruited by promotion shall be
regulated by the rules in the Fundamental Rules (Uttar Pradesh).
(4) The promotion of Sub-Registrars from a lower to a higher grade
mentioned in clause (iii), sub-rule (1), will depend on vacancies occurring
in the grades mentioned in clauses (i) and (ii) of that sub-rule. Thus, for
example, no Sub-Registrar of Grade IV in clause (iii) will be promoted to
Grade III in that clause until the total number of Sub-Registrar in all the
grades in clauses (i) and (ii) taken together falls below 120, the number of
Sub-Registrars to be so promoted being limited to the number required to
make up that total. Likewise, no Sub-Registrar of Grade III will be
promoted to Grade II until the said total falls below 60, the number of
Sub-Registrars to be so promoted being limited to the number required to
make up that total.
Note. Sub-Registrars appointed before 1st July, 1938, will braw pay under
clause (i) or clause (ii) of sub-rule (1) as the case may be as if the grades
in clause (iii) of that sub-rule had not come into existence.
(5) No member of the Service shall be promoted from a lower to a
higher grade unless the Inspector General is satisfied that he has been
working satisfactorily and to the best of his ability and his integrity is
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
67. Rule 22. Seniority. Seniority in the service will be determined by the
date of the order of appointment in a substantive vacancy:
(a) If the orders of appointment of two or more persons bear the
same date, their seniority inter se shall be determined according
to the order in which names appear in those orders;
(b) In any special case seniority shall be determined by special
order of the Inspector General.
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 of 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.
[See Rule 50 (13)]
Syllabus and Rules for the Competitive Examination
1. The standard of the examination will be that of an intermediate
2. The examination will be held in the following subjects viz:
(a) English – Candidates will be required to to write an essay on
some subject of general interest and a letter on or a description
of some event to test their power of expression as well as their
ability to arrange facts and arguments in proper sequence; and
to explain words and expressions in common use, or to
comment on the grammatical structure of sentences.
The maximum marks will be 100; and the time allowed 3 hours.
(b)General Knowledge. A paper will be set to test general
intelligence, power of observation and knowledge such as is
expected of candidates who, having had the usual grounding in
subjects taught in schools and colleges have passed their
education either at a university or by reading books,
newspapers, and magazines, attending lectures and taking an
intelligent interest in things round them such as radios,
aeroplanes, etc. The questions will ordinarily be so set as to
admit of brief answers, and besides covering popular science
will embrace knowledge of the social, political and economic
events of the day.
The maximum marks will be 100; and the time allowed 3 hours.
(c) Indian languages. Familiarity with both the Nagri and the
Persian script is essential for a Sub-Registrar, who will have not
only to interpret and assess documents presented to him which
may be in either script, but may have to copy them in the
appropriate sanctioned registers. Moreover, these documents
contain a variety of legal and technical expressions with at least
the more common of which Sub-Registrars must necessarily be
familiar. The extent of the candidate’s knowledge will be tested
by a paper as follows:
(1)A passage in English to be translated into Urdu.
(2)A passage in English to be translated into Hindi.
(3)A number of sentences or phrases as appear in documents
brought for registration in Roman script to be explained in
Hindustani either Persian or Nagri script being used.
The maximum marks will be 100; 35 each being allotted to (1) and
(2) and 30 to (3), Time allowed 3 hours.
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.
The examination will be in matters of general interest, not in
matters of academic interest. Marks will be awarded to each candidates
for intelligence, personality, character, physique and general suitability
for the service.
[See Rule 59 (14)]
Scales of fees to be paid to the Commission
(1) Application fee- Rs. 5 payable in two instalments- Rs. 1 with the
requisition for application form and Rs. 4 with the
application when it is filed.
(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
will be held in the first helf of November each year by an examination
Board composed of the Inspector General of Registration and the District
Registrar of the district in which the examination is held. The
examination will be held in the following subjects:
(1)Registration and Stamp Acts;
(2) Registration Manual, Part II;
(3) Practical; and
(4)Urdu and Hindi reading and writing.
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-
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.
(2) From the Rs. 125 grade and upward in the old scale, there will
be an efficiently bar and vacancies in these grades will be filled by
(3) Vacancies in the Rs. 100, Rs. 90, and Rs. 75 grades in the old
scale will ordinarily be filled by promoting the Senior Sub-Registrar in
such lower grade.
(4) No Sub-Registrar will be promoted into a higher grade unless,
in the opinion of the Inspector General of Registration his conduct and
work entitles him to promotion into that grade.
74. A Sub-Registrar may be reduced to a lower grade for misconduct or
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
75. A Sub-Registrar may be reduced one or more places within his grade
for misconduct or 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.
Leave, transfer and punishment
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 on
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
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(
j) In the case of an ex officio Sub-Registrar, the officer left in
charge of his ordinary duties will perform his registration
(ii) In the case of a departmental Sub-Registrar, the District
Registrar will appoint to perform his duties-
(a) a probationary Sub-Registrar; or
(b) a Tahsildar or other official in charge of a tahsil, if the office is
at a tahsil headquarters; or
(c) any other person he considers qualified.
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
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 or if there is a special
order of 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.
Note. Sub-Registrars after five years’ service in a district will ordinarily
be transferred to another district. Hence to avoid two transfers in quick
succession, the transfer within the district of Sub-Registrar who has
completed or nearly completed five years’ service in the district should be
avoided as far as possible.
84. The District Registrar may suspend a Sub-Registrar pending inquiry.
The Inspector General of Registration may sanction the prosecution of a
85. Sub-Registrar’s security. All departmental Sub-Registrars are
required to furnish Rs. 200 as security:
Provided that in all temporary arrangements security of Rs. 200,
shall be taken from the registration clerks who may be considered fit by
District Registrars to officiate as Sub-Registrars. The District Registrar
may in his discretion permit the security of such registration clerks to be
furnished in installments by monthly deductions at the rate of 10 per cent,
of the salary. Until the full amount of the security is thus made up, the
procedure laid down in paragraph 1-A of the Financial Handbook,
Volume V, Part I, shall be followed:
Provided that the Inspector General of Registration may increase or
decrease the amount of security according to the circumstances and local
conditions of registration office.
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
monthly allowance proportional to the number of days he has held charge
of the office.
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. A 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. (1)
Appointment to the post of a Chief Registration Clerk in District
Registrar’s offices shall be made by the District Registrar from amongst
the permanent registration clerks in his district possessing the following
(a) those who have taken part in at least 3 year’s continuous
(b)have passed at least the High School or any other
examination recognized by Government as equivalent
thereto. On the occurrence of a permanent vacancy in a
post of Chief Registration Clerk the senior most qualified
registration clerk in the district shall be appointed thereto.
If he is not fit for promotion having regard to his
efficiency and integrity the next senior registration clerk
in the district shall be considered for appointment, and so
on. It will however, be necessary for the District
Registrar to record in writing the reasons for superseding
a registration clerk.
(2) If in the opinion of the District Registrar there is no qualified
registration clerk in his district suitable for appointment to the post of his
Chief registration clerk, he shall report the matter to the Inspector General
of Registration, who shall request the District Registrars of adjacent
registration districts to nominate two qualified persons if available, in
their districts from amongst the registration clerks eligible for
appointment to the post of Chief Registration Clerk. The District
Registrars will also forward the service books and character rolls of the
persons nominated, by them. The Inspector General of Registration will
send to the District Registrar concerned the names and records of all
persons nominated by the District Registrars for selecting a Chief
Registration Clerk, in accordance with the provisions in sub-rule (1)
above, from amongst the nominees of the other District Registrars.
(3) A registration clerk appointed in a substantive vacancy as a
Chief Registration Clerk under clauses (1) and (2) above, shall remain on
probation for at least one year.
(4) In a temporary or an officiating vacancy not likely to last for
more than 3 months, the District Registrar may appoint any registration
clerk of his district as his Chief Registration Clerk. This temporary
appointment alone shall not create any claim for a permanent vacancy
which shall be filled as in sub-rules (1) and (2) above.
(5) The Inspector General of Registration may transfer a Chief
Registration Clerk from one district to another for administration reasons.
(6) The power to punish a Chief Registration Clerk is vested in the
District Registrar in accordance with the procedure contained in
Government (Appointment Department) Notification No. 2627/II – 264,
dated 3rd August, 1932 as amended from time to time (vide Appendix
VIII). The Inspector General may in exercise of his powers of general
control direct the District Registrar to take proceedings under those rules
against a Chief Registration Clerk. No Chief Registration Clerk shall be
punished in any manner until written charges against him have been
framed and communicated, his written statement has been obtained, his
defiance recorded and the order passed thereon has been communicated
to him in writing. An appeal against such an order of punishment by the
District Registrar lies to the Inspector General of Registration in
accordance with Rule 2 of the Rules published under Government
Notification No. 2628/II-264, dated 3rd August, 1932 (vide Appendix
Note. The revised scale of pay of Chief Registration clerks with effect
from April 1, 1947 is Rs. 80-5-100-6-130.
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.
(2) Ordinarily no registration clerk shall remain in the same office
for more than five years. Transfers of registration clerk shall be made by
the District Registrar within the Registration District to which they are
attached. The Inspector General may, however, transfer a registration
clerk from one district to another on administrative grounds. On transfer
of a registration clerk to another district, seniority in the grade of Rs. 30
and upwards will be determined according to the date of promotion to
that grade, while in the lowest grade it will be determined according to
the date of his original appointment in a permanent vacancy.
(3) Vacancies in the Rs. 33, 40 and 45 grades will ordinarily be
filled by seniority. If the senior most clerk in a grade, in the opinion of
the District Registrar, is not fit for promotion having regard to his
efficiency and integrity the clerk next below him in that grade may be
considered for promotion and so on. It will, however, be necessary for
the District Registrar in each case to record in writing the reasons for
superseding a clerk.
(4) The power to punish registration clerks is vested in the District
Registrar in accordance with the procedure contained in Government
(Appointment Department) Notification No. 2627/II-264, dated 3rd
August, 1932, as amended from time to time (vide Appendix VIII). No
registration clerk shall be punished in any manner until little charges
against him have been framed and communicated to him in writing, his
written statement has been obtained, his defence is recorded and the order
passed thereon has been communication to him in writing.
An appeal against such an order of punishment by the District
Registrar lies to the inspector General of Registration in accordance with
Rule 2 of the Rules published under Government Notification No.
2628/II-264, dated 3rd August, 1932 (vide Appendix VIII).
Note. The Revised scale of pay of departmental registration clerks with
effect from April 1, 1947, is Rs. 60-3-90-4-100.
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:
(a) that the delegation does not cover temporary staff in the
Inspector General’s office;
(b) that the extension does not exceed 12 months;
(c) that budget provision is not augmented by re-appropriation for
this purpose; and
(d) that the sanction is communicated to the Accountant General
and the Government, for information:
Provided that a District Registrar may sanction with the previous
approval of the Inspector General the temporary appointment of extra
clerks in the Registration offices under his control up to a rate of pay not
exceeding Rs. 60 per mensem in each case. Before sanctioning the
appointment, the District Registrar should see that he permanent clerks
have been working up to the standard prescribed by the preceding rule.
97. List of approved candidates for appointment as registration
clerks. (1) A list of approved candidates for the post of registration clerks
shall be maintained by each District Registrar.
(2) The number of candidates for each registration district shall be
fixed by the Inspector General of Registration according to the needs of
each district; at no time shall the number of enlisted candidates exceed
this number except with the previous sanction of the Inspector General.
(3) No candidate shall be enlisted who is(
a) above the age of 21 years; and (b) who has not passed the
*High School or any other examination recognized by the Government as
equivalent thereto: and (c) who for any other reason, is not suitable for
Preference will be given to candidates who have also passed the
Vernacular Final Examination.
*Under Niyukti (Kha) vibhag G. O. No31/6/66-applt (B) dated June, 28,
1967 the minimum educational qualification for such posts has now been
revised as Intermediate or Higher Secondary Examination.
N.B. The Inspector General of Registration, may in special
circumstances, exempt a candidate from the age-limit of 21 year
prescribed in this rule.
(4) The list of approved candidates shall be revised by the District
Registrar annually in the month of January, and a copy of the revised list
shall be forwarded by the end of February each year to the Inspector
General for record in his office.
(5) Names of candidates once brought on the list shall not be
removed by District Registrar except on the following grounds:
(a) That the candidate has already attained the age of 25 years on
the first day of January of the year in which the list of
candidates is revised, and has not held officiating or temporary
vacancies as a registration clerk for a total period of least six
(b)That he has attained the age of 30 years on the first day of
January of the year in which the revision of the list takes place
before he is substantively appointed as a registration clerk. In
calculating the age of 30 years the total period of service
rendered by the candidate shall be excluded. No candidate will
be retained on the list beyond the age of 30 years save in
exceptional cases under the orders of the Government;
(c) That in spite of adequate notice he has refused or neglected to
join as a registration clerk in an officiating or temporary
vacancy of not less than a month’s duration offered to him on
two successive occasions;
(d)That he is unfit for appointment on account of misconduct or for
some other valid reason to be recorded in writing; provided in
cases under this sub-rule no District Registrar shall remove the
name of any candidate from the list, without giving him an
opportunity by serving on him a notice in writing to show cause
why his name should not be removed from the list of
(6) For a candidate exceeding 25 years of age the previous sanction
of the Inspector General of Registration to his exemption from the agelimit
is necessary before his substantive appointment to a permanent post
of registration clerk (vide Subsidiary Rule 187 of the Financial
Handbook, Volume II Part III).
(7) Care shall be taken to secure reasonable representation of the
different communities and to prevent the preponderance of any one class
or community in the enlisted candidates.
(8) Permanent appointment to the post of registration clerk shall be
made from amongst the enlisted candidates strictly by seniority.
Officiating or temporary chances of more than a month’s duration shall
given to enlisted candidates by rotation.
(9) A candidate appointed in a substantive vacancy as a registration
clerk shall remain on probation for at least six months.
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
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
General where a deserving man comes under reduction with a view to his
re-appointment in or transfer to, another district.
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 or 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
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
105. Registration clerk should be granted traveling allowance when
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 or disallowing such leave. All such leave shall be
noted in the leave register to be maintained in manuscript in each Sub-
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 or 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
commission to the contract contingent grant for the year. The amount,
when disbursed, must be properly recorded in acquaintance rolls which
shall be kept up in each office receipts being taken for each payment and
receipts stamps affixed when the amount paid exceeds Rs. 20 (twenty).
111. When a District Registrar sends by money order the pay of a
Sub-Registrar of an office where is no treasury or sub-treasury he will
add thereto any amount due to the Sub-Registrar on account of money
order commission paid by him in remitting the collections of his office
for the month to the treasury or sub-treasury. The money order
commission paid by the Sub-Registrar and remitted to him and the money
order commission paid by the District Registrar will be debited to the
contract contingent grant for the year.
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’s 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.
On receipt of such confidential report the District Registrar shall
record his own remarks in column 3 of the form and forward the same,
not later than 1st May, each year to the Inspector General of Registration,
who will record his own remarks, if any, in column 4 of the form. No
separate register shall be maintained for entering any confidential
remarks by the Inspector General about any Sub-Registrar.
In the case of a Sub- Registrar transferred from one district to
another, the Inspectors of Registration for both the circles will send their
independent reports to the District Registrars concerned who, after
recording their own remarks, shall forward the same to the Inspector
General of Registration. In such cases the Inspector General of
Registration shall record his own remarks, if any, in column 4 of the form
received from the District Registrar of the district to which the Sub-
Registrar has been transferred.
After the Inspector General of Registration has entered his own
remarks, if any, in the annual reports, they shall be filed in original, as
they are received, in the personal file of each Sub-Registrar, maintained
in the office of the Inspector General of Registration. Every entry in the
character roll which may adversely affect promotion should be
communicated to the Sub-Registrar concerned. If the certificate of
integrity is withheld on grounds of mere suspicion, the fact shall not be
communicated but the Inspector and the District Registrar, under whom
the Sub-Registrar is working, shall be asked confidentially by the
Inspector General of Registration to keep a close watch on him. If, on the
other hand, the reasons for withholding the certificate are tantamount to a
virtual certainty that the Sub-Registrar has been dishonest, the fact shall
be communicated to him. The Inspector General of Registration shall
decide in each case what adverse remarks shall be communicated and in
Confidential report on the work, conduct and integrity of …………..
………., ……….. Sub-Registrar of ………………..,district ……..
…………….. in the grade of …………..
Remarks by the Remarks by Remarks by the
Year Inspector of the the District Inspector General
circle Registrar of Registration
1 2 3 4
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
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:
(1) Service postage and telegram charges.
(2)Purchase and repair of furniture.
(3)Hot and cold weather charges.
(5)Carriage of stationery.
(6)Cloth for bastas or binding charges.
(7)Other petty and miscellaneous expenses.
(8)Pay of menials.
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
stated beyond the total figure opposite each of the printed headings. If
any charge occurs which the printed headings do not provide for, the
general nature of it may be entered in a similar heading in manuscript.
The disbursing officer must be careful to bring forward, from the last bill,
the correct amount of the total expenditure to date, in his register of
contingencies, otherwise he may overrun his limit without perceiving it.
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 20th April,
123. Final bill for the year. A bill must always be drawn on or
immediately before 31st 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:
(1)Purchase of books and publications.
126. Money, how to be drawn. The money required for noncontract
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.
Holidays and office hours
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 on any
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 10a.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.
Periodical Reports and Returns Weekly
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
undelivered or undelivered of after three days from the expiration of date
of presentation, prescribed by Rule 325.
135. Form of weekly report. This report shall be in the form
prescribed in Appendix III, Form No. 1. It should invariably be sent on
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’s 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’s returns the statistics of two months
for the office in question should be added but each should be shown
Sub-registrar, Bari October, 1892
Ditto November, 1892
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’s 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.
District Registrars shall take measures to secure the punctual
submission of the return by Sub-Registrars.
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:
District return No. I. Statement showing the transaction of the
District return No. II. Budget allotments and expenditure.
These returns will be prepared on printed forms to be supplied
from the Government Central press, and they should be dispatched so as
to reach the office of the Inspector General by the 10th of January, April,
July and October.
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
not only to the return immediately under notice, but to all returns. The
several offices should be arranged in the order given in Appendix VI, the
spelling of which should be followed. Finally, the several columns shall
be totaled up so as to show the aggregate business of the district during
the quarter under report. Where the registration district comprises two or
more revenue districts, separate intermediate totals should also be given
for each revenue district so as to facilitate comparison in the Inspector-
General’s office with the statements furnished by the Accountant
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
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 to 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 1st 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
145. Miscellaneous annual returns by District Registrars. In
addition to the above the following miscellaneous annual returns shall
also be submitted:
I- Detailed statement of establishment.
II- Return of officials over 55 years of age.
III- Statement showing the number of inspections by District
Registrar and Inspectors.
IV- Budget estimates.
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’s 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.
His retention or retirement will, under Article 359 of the Civil
Service Regulation, be sanctioned by Government.
After 60 an officer cannot be retained in the service save with the
sanction. Of the local Government.
148. On receipt of this list the Inspector General o 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 31st 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’s office and in every
Sub-Registrar’s office subordinate to him. Full instructions for the
maintenance of the stock book and other matters will be found recorded
in Rules 1 to 12 and in appendix, issued with the aforesaid Government
(2) Under Rule 10 of the rules the District Registrar shall arrange
for annual verification of the stock of his office by a gazetted officer who
shall verify the articles with the book balances and sign a certificate on
the stock book of having done so, and under Rule 11 thereof Sub-
Registrars should carry out annual verification of their offices in a similar
manner after the close of the financial year and forward their certificate of
verification to the District Registrar so as to reach him on or before 15th
April each year.
(3) The District Registrar at the time of his own periodical
inspection of the Sub-Registrar’s offices should scrutinize the stock book
and check some of the valuable articles, bring to the notice of
Government through the Inspector General of Registration any matters
needing attention. The Inspector of Registration offices will, during the
course of his inspections, pay special attention to the examination of the
stock books maintained in registration offices. He may see that all new
purchases have been brought on the stock book and have been duly
checked and the annual verification has been duly made.
150. Registration of deeds of transfer of landed properties. All
cases of the registration of deeds o 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 1st
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
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
154. Data of submission. The annual reports must be forwarded to
the Inspector General at the latest by 1st of February, each year. Delay in
submission will be noted in the provincial report submitted to
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
(1) all powers-of-attorney attested under Section 33, clause (a);
(2) all commissions issued under Sections 33 and 38;
(3) all applications for the issue of summons to witnesses under
(4) all copies of entries in register books and indexes granted under
(5) all certificates of registration made under Section 60;
(6) all memoranda and copies forwarded under Section 64,65,66 and
(7) all copies of reasons for refusal to register granted under Sections
741 and 76;
(8) all orders issued by District Registrars under Section 72 or 75,
directing documents to be registered;
(9) all summonses issued by District Registrars under Section 75;
(10) all search certificates issued under Rule 327.
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, or 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
Blank books and forms
157. District Registrars’ indents. District Registrars shall submit
by the 1st November in each year an indent for blank books and forms for
the requirements of their own and subordinate offices for the next ensuing
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
rule must be carefully observed as inattention to it will frustrate all the
press arrangements for economical working.
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 of 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 III. 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.
Before issuing these registers and books to Sub-Registrars, the
District Registrar will certify the number of pages in each of the registers
and books on the title page in accordance with Section 16 (2), Act XVI of
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’s
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’s office
under him. This permanent advance which will be known as “the
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’s 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
when the District Registrar’s stock rune short he shall forward to the
Government Central Press direct a requisition for the required saleable
forms in Form No. Mis. 131-A (Recoupment order of the Government
Central Press, Uttar Pradesh for saleable forms, along with copies of the
treasury challans of deposits, made by Sub-Registrar in his district on
account of the sale of forms. The treasury challans will then be cheaked
in the press with the recoupment order, and if found correct, forms to the
equivalent value will be supplied to the District Registrar. The requisition
for saleable forms should not include a demand for any other kind of
form. On or before the 10th of January, April, July and October each year,
each Sub-Registrar shall submit to the District Registrar for verification
of a statement showing the description and number of each saleable form
received from the District Registrar’s office during the preceding quarter
and shall file the same in this office return after the District Registrar’s
verification. On the last working day of each financial year each District
Registrar shall check his stoke of saleable forms and forward to the
Superintendent, Printing and Stationery, Allahabad a certificate that the
stock of the permanent advance of saleable forms for his district is
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.
Forms for use in the accounts and other departments must be
indented for under the orders of the department concerned.
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’s 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’s
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.
Joint Sub Registrars
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-
171. Jurisdiction. In the case of joint Sub-Registrars located in
different places, there will be two or more separate offices in a single subdistrict,
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
joint offices, the file book No. 1 shall contain only the translations and
copies of documents in foreign languages under Section 19, and maps and
plans presented under Section 21 (4). All other documents and copies
filed under the provision of Sections 64 to 67 and 89 of the Act shall be
filed in file book no. 1 of the chief office.
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.
The original indexes retained in the joint office will be bound at the
close of the year and the volumes retained for record there subject to the
provisions of Rule 199.
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.
Duties and procedure for Registering Officers
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.
They are also strictly prohibited from drawing up or engrossing
instruments in the registration of which they may be required to take part
Custody, preservation and destruction of records
178. Office of record in each district. The District Registrar’s
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:
(1)All registers of documents and indexes, certified copies of
documents and registers, and originals of powers-of-attorney
filed under Registration XX of 1812.
(2) Kazis’ records.
(3)All register books and their indexes, translations, and true
copies filed and books containing abstracts of authenticated
power-of-attorney prescribed by Act XVI of 1864, Act XX of
1866, Act VIII of 1871 and Act XVI of 1908, and the file book
containing special power-of-attorney under which documents
have been presented for registration.
(4)All register books and indexes prescribed by Act XVI of 1908,
as well al those received from subordinate offices and file
(5)Registers of powers-of-attorney authenticated.
(6)Authenticated special powers-of-attorney under which
documents have been registered.
(8)Lust of records destroyed.
(9) Inspection Book.
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
(1)Register book Nos. I to V prescribed by Act XVI of 1908 and
register books No. VI.
(3) File-books of special powers-of-attorney under which
documents have been registered
(4) Indexes Nos. I, II, III and IV- The indexes shall not, however,
be so transferred, unless the register books Nos. I,III and IV to
which they relate have been transferred.
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, or 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 or 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’s office shall be provided, where possible,
with a special record room for registration records, provided with racks
and presses, or strong sheet-iron almirahs fastened by secure locks. The
central office of record may, with the sanction of the District Registrar, be
placed directly under the supervision of the Sub-Registrar at
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 halfyearly
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
187. Prohibition from keeping money or 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:
(1) Powers-of-attorney authenticated under Section 33, presented
by agents bringing documents for registration. If the document is
presented for registration under a special power-of-attorney, the power
shall be retained and pasted into a file book in the office with the
No……………… of 19……..
Presented with document No. ……………..of 19, ……………….
If the document is presented for registration under a general powerof-
attorney, the power shall be returned with the following endorsement:
Presented with document No……….of 19, ………of book
(2) Copies of decrees of court ordering cancellation of registered
documents received under Section 39 of the Specific Relief Act, to e kept
in annual bundles.
(3) Depositions of witnesses examined by the registering officer to
be kept in annual bundles.
(4) Miscellaneous papers of an ephemeral character. e. g.,
application for summoning executants or witnesses, for issue of
commissions and the reports of commission and for copies of reasons for
refusal to register to be classified and kept in annual bundles.
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
records should be kept in the receptacles provided for them not in use,
and should on no account be taken to the private quarters of any official.
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 bookworms
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. O. 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’s 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 or refusal or 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. A list of unclaimed documents in Form No. 34,
Appendix III, shall be exposed to the public view in each office.
Note. If the last day of the month be a day on which the office is
closed, the document shall on the next day afterwards on which the office
(2) A document which has been entered in the register of
unclaimed documents will thereafter not be returned until a fee at the rate
prescribed by Article XI of the Table of Fees (Appendix V) is paid by the
person whom he may have nominated to receive it.
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.
Note. If the last day of the month be a holiday on which the office
is closed, the document shall be entred on the next day afterwards on
which the office re-opens.
(2) A document which has been entered in the register of
unclaimed documents will thereafter not be returned unless and until a fee
at the rate prescribed by Article XI of the Table of Fess (Appendix V) is
paid by the person who presented it for registration or by the persons
whom the may have nominated to receive it.
(3) If the document be not claimed within three months from the
date of registration or refusal or return by post, as the case may be, it
shall, after the expiry of three months from that date, be posted so as to
reach on the following Monday the District Registrar of the district for
safe custody in his fire-proof safe. The District Registrar on receipt of
these documents shall also enter them in the register or unclaimed
documents (Form No. 33, Appendix III) of his office and they will only
be surrendered on payment of the fees prescribed in Article XI of the
Table of Fees (Appendix V). The fees may be paid and the documents
returned through the Sub-registrar, if desired.
(4) Every Sub-Registrar shall submit to the District a weekly report
of unclaimed documents in the form prescribed in Form No. 35,
Appendix III. It should invariably be sent on Monday following the week
to which it relates.
197. List of documents in district Registrar’s office safe. All
unclaimed documents forwarded by Sub-Registrars for safe custody in
the District Registrar’s fire-proof safe, shall be accompanied by an
invoice, in duplicate, in Form No. 15, Appendix III. One copy of the
invoice shall, after careful verification, be receipted and returned to the
office from which received, with as little delay as possible.
198. In District Registrar’s 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 only give serial number, date of
deposit or 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.
Destruction of records
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
All correspondence whether in English or in
Vernacular which is of an ordinary One year
routine character and which the District
Registrar considers fit to be destroyed
Copies of documents unclaimed by applicants Ditto
Application for copies of reasons for refusal
To register Ditto
Other applications, petitions, appeals records and
Papers of an ephemeral character not otherwise
Weekly reports of unreturned documents Ditto
Invoice of unclaimed documents Ditto
Periodical returns of Sub-Registrar’s office
received by District Registrars Ditto
Indent for forms and applications for registers
By Sub-Registrars Ditto
Receipts for memoranda of document received
And dispatched Ditto
Rubkars, etc. relating to documents
impounded under the Stamp Act Ditto
Rubkars from civil and Revenue Courts
and officers forwarding copies of orders
and certificates under Section 89, Act
XVI of 1908 Ditto
Rubkars and reports relating to searches of
encumbrances Two years
Application for summoning executants and
witnesses for issue of commissions Ditto
Summons returned after execution Ditto
Certificates by public officers to search
register or take copies of entries in
Indents of forms on press Three years
Papers about buildings or furniture of
Papers connected with the issue of commissions
And the reports of commissioners Ditto
Nature of records Period of retention
Office copies of periodical returns in
District Registrar’s and Sub-Registrar’s
Office Three years
Dak books or dispatch book Ditto
Receipt books under Section 52, Act XVI
Of 1908 Ditto
Bills for fees Ditto
Completed volumes of receipts and dispatch
registers maintained Sub-Registrar’s office Ditto
Application for copies, inspections and
Searches along with affidavits or statement
On oath taken by registering officers in
Connection with such applications for
Copies, inspections and searches Ditto
Completed volumes of registers of
applications for copies, searches and
inspections, the minutes books Ditto
Miscellaneous correspondence on
Such subjects as bills and vouchers,
Indents books, leave, and accounts Ditto
Charge certificates Ditto
Proceedings under Section 72, Act XVI of
Orders regarding registration clerks in
Sub-Registrar’s offices if the original
Orders exist in the District Registrar’s
Copies of decrees of Civil Courts
Cancelling registered documents Ditto
Objection slips Ditto
Blank from stock book Ditto
Registers of service postage stamps Ditto
Papers relating to appointment and Ditto After leaving
Promotions for temporary establishment Service.
Papers relating to registration or dismissal Ditto After he ceases
to be in
Papers relating to misconduct of an officer Ditto After final
have been carried out
entry made in service
Nature of records Period of retention
Papers relating to punishment of
Government servants Three years
Register of documents sent by post Ditto
Correspondence regarding budget Five years
Contingent and traveling allowance bills Ditto
Register of unclaimed documents Ditto
Contigent registers Ditto
Completed volumes of register No. VII of
Visits and commissions Ditto
Challans of invoices of each remitted to
Treasury and dakhilas Six years
Budget Ten years
Annual reports Twelve years
Papers regarding transfers Ditto
Completed volumes of registers of fees
(siahas) and registers of impounded
Statements and deposition of witnesses
Or proceedings under Sections 41, 63, 73,
And 74, Act XVI of 1908, and medical
Certificates filed in support of the executants
being major under Section 41 of the
Registration Act. Ditto
Inspection notes Ditto
Register of saleable forms Ditto
Invoice with which records or over 12
Years standing are sent to central office
Of records Twenty-five years
Order books Ditto
Register (No. VIII) of thumb-impressions Thirty years
Establishment pay bills (a) Thirty-five If the
bills relate to
Years the period prior
1st April, 1932.
(b) Five years For bills from
(A) April, 1932
Detailed statement establishment as it (a) Six year In respect of
Stood on 1st April III from 1st
(b) Thirty-five For those
Years relate to
Prior to 1st
Papers relating to appointment and
Promotions for permanent establishment Thirty-five years (B)
Acquittance rolls Five years Until a revised
List of Government articles …….. Sub-
By the District
Catalougue of books …….. Ditto.
N.B. Papers relating to restablishment should be retained
(A) To be destroyed simultaneously with the pay bills, when
service books have been verified in the manner laid down in the note
below Subsidiary Rule 137 of the Financial Handbook, Volume II.
(B) Subject to the condition that before destruction, service of
menials should be certified and a note to that effect in the service rolls
concerned under the signature of the head of the office or one of his
200. Early in December in each year a list shall be prepared in
Form No. 16, Appendix III, in all District Registrar’s and Sub-Registrars’
offices of the records and papers which, under the preceding rule, are
liable to destruction on the 1st January ensuring. This list shall be
submitted to the District Registrar for orders, and as soon as sanction is
recorded thereon, the records or 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
without the previous sanction in writing of the District Registrar of the
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
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 an
oath to such person, and record his statement to the effect that the copy
and translation are true, and that the executant understands the contents
and admits execution. This statement will be recorded on the translation
and signed by the declarant and the registering officer. It will be copied,
along with the translation and other endorsement, into the proper book.
Fees and fines
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:
(a) Fees for registering documents-
Registration fees under Act XVI of 1908.
(b) Fees for copies of registered documents.
(1)Fees for the authentication of power-of-attorney.
(2)Fees on deposit, withdrawal or opening of covers containing
(3) Fees on filing translations.
(5) Fees on commission issued.
(6) Fees on visits paid.
(7) Fees for inspection of books and indexes.
(8)Fees for searching for entries in books and their indexes.
(9) Extra fees for registration by District Registrars.
(10) Other miscellaneous receipt.
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
Registration” to which other registration receipts are creditable) by a
separate challan which should not contain any other item in treasury
Form No. 209 (not registration Form No. 19, Appendix III, which is used
for other registration receipts). These challans in treasury Form No. 209
should be prepared and presented at the treasury in triplicate, the first
copy to be retained in the treasury, the second to be sent to the District
Registrar’s office with application for replenishing the stock under Rule
164, and the third to be kept in the record of the registering officer’s
office. In monthly and quarterly returns to be prepared under Rules 138 to
140 income on account of sale of form shall be entered separately below
the total of registration receipts.
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 on. All sums taken on any day
on which the treasury or sub-treasury is closed owing to holidays shall be
credited on the day on which the treasury or 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 or 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 subtreasury
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
I. District Registrars will provide the Sub-Registrars of such
offices with ordinary inland money order forms in books with
counterfoils, such as are obtainable at all post offices, and these alone
shall be used.
II. The Sub-Registrar shall make out a money order on one of these
forms, filling in the name of the most convenient post office and other
particulars, and making it payable to the officer in chare of the treasury or
sub-treasury to which the money is to be remitted. He should note briefly
on the counterfoil and the coupon the heads to which the remittance is to
be credited as laid down in Rules 206 and 207 for his own and the
Treasury Officer’s information. The Sub-Registrar should at the same
time fill in the usual form of invoice (Form No. 19, Appendix III) and in
treasury Form No. 209, if the amount of sale-proceeds of forms has also
been remitted showing the purticulars of the remittance made, and send it
the District Registrar of the district with the receipt granted to him by the
post office for the money order and the commission paid thereon for his
information as to the amount remitted and the amount paid as money
order commission. The Treasury Officer, on receipt from the post office
of the money order, will sign and date the money order and return it to the
post office after cutting off the coupon. The aeknowledgment of the
Treasury Officer will in due course be delivered to the Sub-Registrar by
the post office and should be affixed to the counterfoil of the form in the
money order book in support on the payment. In these cases the coupon
will take the place of the challan or invoice of cash remitted (Form No.
19, Appendix III, and treasury Form No. 209 if the remittance is on
account of the sale-proceeds of saleable forms) and the post office
acknowledgment of the payee, I e., the treasury officer will take the place
of the treasury receipt.
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:
(1) to contain particulars for identifying the document
presented for registration, and an acknowledgment of the
receipt of the prescribed registration fees. This is to be
filled up, torn off and given to the presenter on realization
of the fees.
(2) To contain a brief description of the document, an
acknowledgment of its receipt for registration. This is the
“receipt” mentioned in Section 52 of the Act, and it
should be filled up, torn off and given to the person
presenting the document at the same time as the receipt
for the fees.
(3) The counterfoils which remain permanently in the book.
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 1 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, or 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 of 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
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
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, or group of persons, registering a
document or 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 on 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, and
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 overcharge.
Applications for refund of fees will be in writing to the District
Registrar who will pass orders thereon. District Registrars will be
responsible for seeing that receipts are obtained and recorded for the full
amount of fees to be refunded.
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:
Book No. I Book No. IV
Additional Book - I Additional Book - IV
File Book - I Book - VI
Book - II Book - VII
Book - III Book - VIII
Each District Registrar must also keep an additional register called
Book No. V.
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, on 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 or defects that he may discover, and any accidental
omission to make entries on any of the pages dealt with by the certificate.
If in any current volume no entry is made in any calendar year the
registering officer shall enter a certificate to that effect in that volume.
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.
Note. This rule does not apply the khasra numbers of fields nor to
the muhalla numbers of houses.
Book No. I
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
village, pargana, tahsil and revenue district in which the house or parcel
of land is situate, the name of the thok or patti being prefixed when the
property is situated in a pattidari or bhayachara village.
Entries relating to property within the registering officer’s
jurisdiction should be made in black ink, the others in red ink in order to
facilitate the preparation of index No. II.
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 of 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 on 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 of 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 o 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 31st October, 1884:
“It would seen to be difficult to frame a definition of “movable”
and “immovable” property suitable for practical use on a mere
consideration of the physical nature of the property. It would appear to be
necessary to take into account also the way in which the property is
regarded and dealt with at the time of the transaction, and this is
apparently what the framers of the Indian Registration Act, 1877, meant
to do by using the words ‘standing timber’ in contradistinction to trees.
Certain trees, being almost invariably used as timber are commonly
spoken of as ‘timber trees’. But probably most trees would admit of being
used both as timber and for other purposes. Thus, properly speaking,
almost every tree, being potentially timber, and no tree actually timber,
the question whether a tree is for the purposes of the transaction, to be
deemed to be ‘timber’ must depend upon the way it is regarded and
treated in that transaction. If, for example, Trees are sold with a view to
their being cut down and removed, the sale is one of ‘standing timber’
within the meaning of the Registration Act. If, on the other hand, trees are
sold, as it is understood they are in the class of cases referred to by the
Government of Madras, with a view to the purchaser keeping them
permanently standing and enjoying them by taking their fruit or
otherwise, the sale would not, it is believed, on any construction of the
Act, be regarded as one of standing timber, but would be a sale of
immovable property. For these reasons the difference between the
definition of ‘immovable’ property for the purposes of the Registration
act and the Code of Civil Procedure would probably be found to be
smaller than has, by some authorities, been supposed: but the possibility
of removing any difficulty thence arising and assimilating the definition
by an amendment of the law will be considered. Meantime it seems clear
that, it the certificates in question when forwarded by the civil courts are
to be registered at all, they must be registered in book No. I (see Act XII
of 1879). The only question is whether, where the registering officer is of
opinion that the property concerned is not ‘immovable’ within the
meaning of the Registration Act, he should treat the certificate, as sent by
mistake and abstain from registering it. The Government of India is of
opinion that the proper course is to leave it to the civil Courts to
determine in what cases certificates should be sent for registration, and
that Registrars should, without attempting to consider and decide the
points themselves. Register every certificate forwarded in book I in
accordance with the provisions of Section 89 of the Indian Registration
Act, 1877, as amended by Act XII of 1879”.
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
utilized as movable property”, unless the trees of the deed clearly
contemplate the purchase keeping them standing and enjoying their
products. Conversely, trees not ordinarily utilized would be treated as
immovable property and registered in book I, unless the terms of the
document made it clear that they were to be cut down.
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.
Under the Registration Act their registration is not compulsory and
therefore for the purpose of classification such transactions such
transaction are to be treated as compulsory.
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 or 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. I, 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
volume of book No. I, at page so and so, shall be inserted in red ink in
book No. I, on the top of the page on which the next serial number is
entered, but if the consecutive number of documents registered in
additional book No. I, is so large that there is no space for making all
entries on the top of the page, the whole page of the ordinary book No. I,
may be utilized for recording the notes in respect of those documents. On
each printed or lithographed document entered in additional book No. I,
should be conspicuously noted the page and volume of the register book
No. I, of the consecutive series in which the printed or lithographed
document is entered and below the line should be given the page and
volume of the additional book also, e. g., Registered as No. 500, Book 1,
Volume 10 on pages 20 and21/and additional Book No. 1, Volume 11 on
pages 6. In the indexing should similarly be made with reference to pages
and volume of both the registers. The form (specimen attached) of the
printed butt shall contain the following particulars:
I- Value o stamp.
Note. This column should also be used for notes of the kind written
in the second column of ordinary book No. I.
II- Serial number of entry, nature and value of transaction and
amount of registration and other fees and fines levied.
Value of stamps
Space of Note. This column should also Serial number of entry,
binding be used for the notes of the kind and value of
head 1 of ordinary book No. 1. other fees and fines levied
Note. (1) In the case of printed or lithographed documents
presented for registration whether with or without maps or plans which
are stitched and sealed in the form of a book, it will not be necessary to
separate each page of the document, but the whole document consisting
of printed or lithographed matter together with maps or plans, if any,
should be pasted on one butt in the additional book No. I.
(2) In the case of maps or plans presented with printed or
lithographed documents, if any, it will not be necessary to paste such
maps or in the file book No. I, but they should be pasted along with the
documents in the butts in the additional book No. I.
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. I 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. I, shall be
entered in the consecutive numerical series of that register according to
the date o 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
in exactly the same way, i. e., each side of each leaf must be treated as a
page and numbered consecutively in bold figures at the top of outer
corner, each leaf being considered as two pages, as in the case of book
No. I, itself.
On each copy and memorandum entered in the file book should be
conspicuously noted the page and volume of register book No. I, of the
consecutive series in which the copy or memorandum is entered and
below the line should be given the page and volume of the file book also,
e. g., “Registered Book I, Volume 10 on pages 20 and 21/file Book I,
Volume II on page 60” As No. 500 in the indexing should similarly be
made with reference to pages and volume of both the registers.
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
o 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.
Book No. II
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 them. In the event of the
applicants being persons executing or claiming under the document
registration of which has been refused, or their representatives or agents,
the 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 on the ground of want of jurisdiction, he
shall hand it back to the person presenting it in the manner described in
Rule 287 without recording an order of refusal either on the document or
in this book.
240. Discretional registration, by District Registrars. Reregistration
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. A refusal to register may compel numerous parties
and witnesses to 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;
(7) 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
kinds mentioned in grounds (1) to (7) above, as may by brought to his
notice in the endorsement required by Section 58.
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 or 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 one or
both of the parties may, after this stage, desire to withdraw the document
from registration. If after admission of execution the executants refuses or
neglects to sign the endorsement, the registering officer should note this
refusal as prescribed in Section 58 of the Registration Act.
245. If after admission of execution and the necessary
identification of the parties, the presenter (irrespective of the executants
action) refuse to proceed or to sign the endorsement, the registration
should nevertheless be completed and a note of the refusal to sign
endorsed on the document. The document, if not claimed, should be kept
for three months under Rule 196 and then sent to the District Registrar.
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, or 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
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:
“Registration refused as to AB and CD”.
He shall record the reason for this partial refusal in his book No. II:
but in all other respects he shall proceed with the registration of the
document in the ordinary manner. This register shall contain the headings
prescribed in form No. 2, Appendix I:
Provided that where the person executing a document is dead, a
registering officer shall not register the document unless all his legal
representatives (personally or by agent as prescribed in Section 34 of the
Registration Act) appear and admit the execution. The registering officer
shall also take in such cases an affidavit from the claimants to the effect
that there are no legal representatives of the deceased person besides
themselves and shall refuse to register the document if the affidavit is not
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 or 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
Book No. III
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
such entries relate, or to their, and after the death of the executions (but
not before) to any person applying for such copies. The necessary search
shall be made by the registering officer. When a will entered in this book
affects immovable property situate in districts or sub-districts other than
that where the entry has been made, no copy or memorandum of such will
need be sent to the registering officer of those districts or sub districts.
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 only
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-
(1)Deeds which recite the fact of adoption only.
(2)Deeds which recite the fact of adoption, and convey the property of
the adoptive father to the adopted son in the lifetime of the former.
(3)Deeds which recite the fact of adoption and with the property to the
adopted son after the adoptive father’s death.
(4)Adoption deed executed by windows in pursuance of an authority
Instruments of the first class, fall under Section 18, clause (f) of the
Registration Act, and their registration is optional, but they must be
presented if registration is desired within the time allowed in Part IV.
They should be entered in book VI.
Instruments of the second class should always be recorded in the
registers –Instruments of “gift” (hibba-nama). They must be brought
for registration within the period of limitation allowed in Part IV, but
are subject to different treatment, according as the property transferred
is immovable or movable:
i. where the property transferred or any part thereof
is immovable, the instrument falls under Section
17, clause (a) of Act XVI of 1908, and should be
entered in book I. Its registration is compulsory.
ii. Where the whole of the property conveyed is
movable, the instrument falls under Section 18,
clause (d), and should be entered in book IV. Its
registration is optional unless the transfer of the
property is effected by the instrument itself when
its registration is compulsory under Section 123 (2)
of the Transfer of Property Act.
Instruments of the third class must be recorded and treated in every
respect as wills (wassiyat-nama) Their registration is optional, [Section
18, clause (e)] and they may be presented at any time (section 27); they
must be entered in book III.
Instruments of the fourth class must be treated in every respect as
those of the first. But care mist be taken to distinguish between
instruments conferring authority to adopt a son (ijazat-nama tabniyat),
and adoption deed executed in pursuance of such authority. The
registration of an authority to adopt is compulsory, while that of an
adoption deed is optional; the former deed must be entered in book No.
III, the latter in book No. IV. Adoption deed not uncommonly contain
stipulations on the part of the adoptive father the maintenance of the
adopted son, and provision for his marriage expenses. Such stipulations
are to be regarded only as a record of duties which are imposed by the
law itself, without express mention, upon the adoptive father, and do not
bring the deeds which contain them within the definition of “agreements”
in Section 2, Act IX of 1872.
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
agents or representatives of such persons. The necessary search shall be
made by the registering officer. This register shall contain the headings
prescribed in Form No. 4, Appendix I.
(2) A special volume of register book IV to be called “additional
Book No. IV” in the form of file book with numbered butts, may be
opened, with the sanction of the Inspector General, in any office when
documents on printed or lithographed forms are presented for registration.
The procedure as laid down in Rule 235 shall also be followed in respect
of lithographed documents pasted in Additional Book No IV. The form
(specimen attached) of the printed butt shall contain the following
I- Value of stamp.
II- Nature and value of transaction.
III- Serial number of entry, amount of registration and other fees
and fines levied.
Value of stamp Nature and value Serial number of entry,
Of transaction, if of registration and other fees
any and fines levied
(3) Copies of entries in Book No. IV, Additional Book No. IV or of
their indices containing any information relating to the property of a
Waqf of any deed of Waqf shall be given free of charge when asked for
by the President or the Secretary of the Shia Central Board or the Sunni
Central Board for a bona fide public purpose.
255. Gift of movable property. It may here be noted that the
registration of instruments of gift of movable property has under the 2en
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
Book No. V
256. Book No. V. Book No. V 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.
Notice to depositors of wills
All wills deposited under Section 42 of the Registration Act are
kept in perpetuity (unless withdrawn by the testator under Section 44 or
removed into court under Section 46) in a fireproof safe. But depositors
are informed that no steps can be taken by Government to ascertain the
fact of their decease or to communicate thereafter with their beneficiaries.
The sealed cover will simply be kept as deposited, unopened, until an
application is made under Section 45 or 46 of the Act. It is the testator’s
duty to take such steps as he may deem necessary to ensure that the
existence and place of custody of the will may be known to the person or
Book No. VI
258. Book No. VI. Book No. VI is the register for recording
brief abstracts of powers of attorney authenticated under section
33, clause (a). It is not necessary to copy out in full the powers of
attorney authenticated under section 33, a brief memorandum of
the contents is sufficient' but, the exact words of the governing
portion of the power-of attorney empowering the attorney to
present documents for registration and to complete, the
registration should be copied in Column 4 of Register No. VI. The
office where registration is to be effected and a brief descreiption
of the property to be dealt with should be given in the abstracts
relating to special power-of attorney. Particulars as a indentifying
witnesses should be copied in the last column. But when a powerof
attorney is registered it must to course be copied out in full in
book No. IV like any other document.
259. To prevent mistakes it is explained that the only
description of power-of attorney which a registering officer is
competent of authenticate under Section 33 is one which containts
authority to present a document for registration, and this is the only
kind of power of which entry should be made in book No. VI. The
power-of-attorney must except a provided in Section 33 of the Act.,
be executed before the Sub-Registrar. The endorsement should
state that this has been done and the abstract should always note
that the instrument confers power to register. A power-of attorney
may of course be registered like any other document as explained
above, but it iwll not be valid for registration purposed unless it has
been authenticated under Section 33. Accordingly, when a power
of attorney is presented by a person who presumably does not
understand the distinction between registration and authentication
and it be not a power which the registering officer can
authentication, and it be not a power which the registering officer
can authenticate, the shall registere the document in his book No.
IV. But if the authenticate, he shall register the document in his
book No. IV. But it the power contains authority to present a
document for registration, the registering officer shall explain the
difference between authentication and registration, and ascertain
the presenter's exact whishes in respect of the document. There
and ascertain the presenter's exact wishes in respect of document.
There is nothing, of course, to prevent such a document being
registered as well as authenticated if the principal wishes it; but in
that case the two operations shall be treated a separate
transactions, and the usual fees shall be levied for both. This book
shall contain the headings prescribed in Form No. 6, Appendix I.
Book No. VII
260. Book No. VII. Book No. VII is the register of visits and
commissions under Section 31, 33 and 38. It shall contain the
headings prescribed the distance from the office to the place
Book No. VIII
261. Book No. VII. Book No. VIII is the register of thumb
impression. It shall contain the headings prescribed in Form No.
18. Appendix I. If a thumb impression relates to a document
registered in another officer a note to that effect should be made in
book No. VIII.
Authentication of Register Books
262. Authentication of entries in register books. Every
entry in books No. I. III and IV shall be, as practicable, an exact
counterpart of the original; but interlineating, blanks, erasures or
alterations should not be copied as such, but should be noted at
foot as required by Section 20 of the Act. The registering shall see
that entry has been made in the book to which it properly belongs;
that the number affixed to it is that which is ought to bear in order
to maintain the consecutive series required by Section 53, and that
the book, the volume and the page entitled in the certificate of
registration are correctly stated.
263. Examination of copies and authentication of errors.
The record of every document shall be compared with the original
by some person other than the copyist, and both the copyist and
the examiner shall append their signatures to the record and enter
the words "copied by" or "examined by". The registering officer
shall then proceed to authenticate errors in the copy and to make
any notes which may be necessary under Section 20 of the Act.
He shall also affix his initials in English or short signature in
vernacular at the bottom of each page and at the end of the
record, and shall, under his usual full signature and official
designation, certify it to be a true copy. In offices where is no clerk
the procedure laid down in Rule 349 should be followed.
264. Erasure prohibited. No erasure shall be made with an
ink erasure, knife or by any other means in any register book, but
mistake shall be corrected when necessary with the pen. All
interlineations and corrections in the register books shall be made
in red ink. Corrections shall be made by drawing the pen through
the words wrongly copied and rewriting them.
265. Indexes to be prepared on printed forms. The current
indexes, required by Section 54 to be kept up in every registration
office shall be prepared on printed forms to be supplied from the
Government Central Press, on indent being submitted to the office
of the Inspector General. The sheets should be headed with the
different letters of the alphabet by the registering officer. At the end
of the year all used sheets should be bound up in their proper
266. Index No. I. Index No. I is that in which Section 55
requires that the names and additions of all persons executing and
of all persons claiming under every document registered, or
memorandum filed in book No. I, shall be entered. This index shall
contain the names and additions not only of the parties concerned
in the document but also of those concerned in the copies or
memoranda of documents received from other registration offices
and filed under Sections 64, 65, 66 and 67, as well as those
concerned in the copies of orders by Revenue officers granting
loans under the Land Improvement Act or under the
Agriculturists' Loans Act, and of certificates granted by Civil
Courts under Rule 94, Order XXI, Schedule 1 of the Civil Procedure
Code, 1908, or by Revenue officers which are filed under Section 89
of the Registration Act. It shall contain the headings prescribed in
Form No. 1, Appendix II.
267. Index No. II. Index No. II is that in which, by Section 55, the
particulars mentioned in Section 21 relating to every document
registered, or memoranda filed, in book No. I are to be entered.
Entries should, as a rule, be made under the name of the town or
principal village where the property affected is situated, the name
of mohalla, in the case of a town, or of a hamlet in the case of a
village beina in column 4.
But in sub-districts containing towns, to which the United
Provinces Municipalities Act 1 of 1916, has been extended entries
relating to property situate in such towns should be made under
the name of the mohal'a. A Sub-Registrar on registering a
document of the nature mentioned in Section 64 or 65 shall
enter in this index only that portion of the property which is
situate in his own sub-district. A District Registrar on receiving a
copy of a document under Section 65, 66 or 67 shall enter only
the property situate in his own district. A Sub-Registrar on
receiving a memorandum of a document under Section 6 ', 65, 66
or 67, or a copy of an order or certificate under Section 89, shall
enter the particulars of the property concerned in this index. But if
the property is situated in more than one town or village in the
district or sub-district the name of each place shall be
separately indexed under its initial letter. It shall contain the
headings prescribed in Form No. 2 Appendix II.
268. Index No. III. Index No. Ill is that in which Section 55
requires that the names and additions of all persons executing
every will and authority to adopt registered in book No. Ill, of the
executors and persons respectively apppointed thereunder, and
(after the death of the testator or donor, but not before) of all
persons claiming under the same shall be entered. It shall contain
the headings prescribed in Form No. 3, Appendix II.
Note. The names of the claimants under a will or an authority
to adopt should be indexed only when the testator or the donor is
dead at the time the will or the authority to adopt is registered or
the contents of a will is copied in book No. Ill according to Section
45 of the Indian Registration Act.
269. Index No IV. Index No. IV is that in which Section 55
requires the names and additions of all persons executing, and of
all persons claiming under every document copied in book No IV
or filed in Additional Book No. IV to be entered. It shall contain
the headings prescribed in Form No. 4, Appendix II.
270. Indexes how to be prepared Index entries shall be made
on the same day as the document to which they relate is copied
or filed in the proper register, or at latest on the following day.
The efficacies who indexes the document shall append his
signature with date under the words "Indexed by" which will be
entered in red ink on the top of the copy of the document entered
in the proper register, on the document filed in Additional Book
No. I under Rule 235, on the document filed in Additional Book
No. IV under Rule 254, or on a copy or memorandum filed in File
Book No. I under Rule 236 read with Rule 237, as the case may
be. The registering officer shall, before he certifies a copy as true
copy under Rule 263, or finally endorses a document, copy or
memorandum under Rule 235 or 237 satisfying himself that the
same has been properly indexed The indexes shall ordinarily be
kept in Urdu and in the Kumaun division in Hindi. The headings
of the columns have however been printed in English. Urdu and
for the Kumaun division in English, Hindi, so as to enable ail
District Registrars and Sub-Registrars acquainted with English
and able to conduct business in that language (Rule 202) to
prepare indexes of English documents in English, The English
lettered sheets of the index should at the time of binding be put
with sheets of the corresponding Urdu or Hindi letter.
271. Initial letters. Entries regarding Indians should be made
with reference to the first letter of the name, and not that of the
rank, title or caste. Entries regarding Europeans should be made
with reference to the first letter of the surname Christian names
and family names, the entires should be indexed in the same
manner as European names. In the case of Native Christians who
have no family names, and who and their father's names or the name
of their villages to their own, the entries should be indexed in the
same manner as ordinary Indian names.
273. Companies, banks, etc. Entries regarding companies,
banks, etc., shall be made under the initial letter of the first word,
omitting the article.
Example. The Land Mortgage Bank of India, under "L" the
Bank of Upper India, under "B", and the Allahabad Bank under
274. Government. Entries in the case of documents in which
Government is concerned shall be made in the English indexes
under "G" as the first letter of the word "Government" and in the
Urdu and Hindi indexes under Saa and Seen as the first letter of
the word "Sarkar'' the official designation of the officer
representing Government being given in the first column.
275. Certificates of sales, etc. In the case of certificates of
sale given by a court, the names of the judgment-debtor and of
the auction purchaser should be indexed in the appropriate
nominal index and an entry made under "G" in the English and
Seen and Saa in the Urdu or Hindi indexes of the official
designation of the officer who has granted the certificate.
276. Security bonds. In the case of security bonds, the name
of the person for whom the security is given should be indexed
as well as those of the executant of the bond, and the person in
whose favour it is executed.
277. Agent or representatives. When a document is
executed by an agent or representative, the name of every
principal as well as of every agent or representative, and of
every person claiming under the document, should be indexed.
Example. A bond executed by Mr. D , Manager on behalf of
the Allahabad Bank, would be indexed under A for principal and
also under D, that being the first letter of the Suriname of the agent
executing the bond on behalf of the Bank.
Document executed by or in favour of guardians on behalf of
minor should be in the names of the guardians as well as the minors.
If the person with respect to whom a document is to be
indexed is mentioned in the document under an alias as well as
his real name, the document should be indexed with respect to
both the alias and the real name. Similarly, if a town or village is
called by two distinct names in the document, it must be indexed
with respect to both names.
278. Documents entered in file book No. I. The entries in
indexes respecting all documents entered in file book No I shall
be made in red ink, so that it may be apparent that the document
has only been filed in the District Registrar's or Sub- Registrar's
279. Order file. The order file is a guard-book in which should
be filed all orders whether emanating from the Inspector General
or the District Registrar of the District. All orders of this character
should be pasted in as soon 3s received, and should not be
allowed to lie loosely about. The order file must be in two parts.
(1)-------------------- and general orders, of the Inspector General,
and (2) Order of a general or permanent character issued by the
District Registrar. Temporary or special orders will be put in the yearly
bundles and be weeded according to the rules in Chapter V. The
correction slips are not to be placed in the order file book but in the
Manual. A list should be prepared for each year and pasted into the
order file containing a brief description of all ciders so filed. This list
should not be made up at the end of the year, but written up from time
to time as orders are filed.
280. Minute book. Every Sub-Registrar shall keep a minute book
in form No. 14, Appendix I. this book is intended, primarily to
contain the record of all suspensions of the ordinary procedure of
acceptance for and admission to registration ; for example—
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 of
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
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 I, 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
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. II, 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 proceedings
after entry in the minute book a reference to the entry in
book 2 should be given in column 2 against the last entry of
adjournment. Thus, in the commonest cases that of nonappearance
of an executants, there must be in the first place an
entry to this or similar effect :
"Deed of sale, dated the 1st February, 1898 of a two
anna share in mahal Rampur by AS in favour of CD
presented by the latter this 10th day of February, 1898.
AB\s not present. Registration postponed and process
issued". Then, if executants appears, there1 will be a
second entry :
"Document referred to in serial number so and so, AB
having appeared registration completed, dated, etc". In this
case if the process were ineffectual there would be no
further separate entry, the eventual refusal being recorded
in Register II with reference to the first entry in the minute
book, and entry in book II in the second column against the
first entry in the minute book.
Similarly, the reasons for non-compliance with an
application, for inspection or copy should be concisely recorded,
and if the objection is subsequently removed and the application
is granted, a second entry stating the fact should be made. The
method of filling in column 2 so as to connect entries relating to
the same document together, is another point which is not
understood. The object of the reference number is to enable each
document to be traced through all the entries referring to it in the
The following examples will show clearly what is required :-
number of and
serial number of
document (if any)
Note of proceedings
1. 4 Deed of mortgage by AB to CD of
100 bighas in mahal Rarnpur,
dated the 5th January, !908.
Impounded as not duly stamped
and sent to Collector this 12th day
of January, 1898.
2. (Blank) Deed of sale by EF to GH of a
house and grove in Jaialpur,
dated the 12th February, 1898.
Returned for presentation to S R.
Kanpur, the proper office, the 20th
day of February, 1898.
3. 7 Deed of mortgage of a 2 annas
share in mahal Ram Parshad,
mauza Gutani, by JK to DM, dated
the 8th March, 1898. Erasures not
attested. Returned for compliance
with Section 20 of the Registration
Act, this 15th day of March, 1898.
(Book I, Vol. No.
Deed referred to in serial No. 1
received back duly certified by
Collector as to stamp, Registration
completed this 17th day of March,
5. 8 Deed of sale of house and garden
in mohalla Uparkot, Kasba
Syedpur by NO to PQ, dated the
dated the 8th March, 1898.
6. P r e s en t e d by PQ. NO does
not appear. Registration deferred
pending return to process issued
this 18th day of March, 1898.
Application by RS dated the 26th
March, 1898, for copy of
document No. 10, book III, Vol. 2
being the will of TO Refused
under Section 57 of the
Registration Act, testator being
(Book I, Vol. 28,
Document referred to in serial No.
8 represented after compliance
with Section 20 of the Registration
Act and registered this 25th day of
8. (Book I, Vol. 22,
Document referred to in serial No.
5 NO having appeared and
admitted execution registration
completed this 10th day of April,
etc. etc. etc. etc. etc.
Prior to acceptance
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 tab'ie 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 ?
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 subdistrict
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
all the persons claiming under decree or order desire the copy
to be registered. A document of the fourth class may be
registered, either in the office of the Sub-Registrar at the place
of execution, or, if desired by the executants and persons
claiming under it, in the office of any other Sub-Registrar under
the State Government.
287. Procedure when registering officer has no
jurisdiction. If the registering officer finds he has no jurisdiction
to register a document presented" to him, he should endorse on
the document the words "Returned for presentation in the proper
office" and return it to the presenter informing him at what office
he can obtain registration. An entry of the occurrence should at
the same time be made in the minute book (Rule 280).
288. Examination as to time. When the registering officer
finds he has jurisdiction, he should examine the document to
see that it has been presented within the time allowed by Part IV
of the Registration Act. Section 26 refers to documents
executed out of the States and will be noticed below. With
regard to all other documents, the law requires with certain
exceptions [Sections 23, 23-A and 34, sub-section (I)]. that both
the presentation for registration and the appearance of the
executants shall take place within four months from the date of
execution. But in order to avoid hardship in certain cases, it also
provides that a further period of four months shall be allowed
subject to a fine :
1. When a document months, owing to (Section 25) ;
2. When after a document has been presented, the
executants, owing also to urgent necessity or unavoidable
accident, cannot appear or cannot be made to appear to
admit execution (Section 34, proviso).
289. Examination as to unverified interpolations, etc. If
the document be brought for registration within the time allowed
by law, the registering officer should see whether it contains any
unverified interlineations, blanks, erasures or alteration of the
kind mentioned in Section 20 of the Registration Act ; and, in the
case of documents relating to immovable property, whether the
description of it is sufficient for identification. If he is not satisfied
on either of these points and if the omission cannot be
immediately supplied he should endorse on the document the
words "Returned for compliance with S. 20" (as the case may be)
and hand the document back to the presenter in view of the
detect being remedied. An entry of the occurrence is to be made
in the minute book (Rule 280). Foreign documents should not be
accepted unless accompanied by the translation, and copies
required by Section 19, nor documents of the kind mentioned in
Section 21 (4), unless accompanied by the required copy or copies
of the map or plan.
290. Where interlineations or corrections occur in a
document presented for registration, the registering officer must
require such interlineations and corrections to be attested by the
initials or signature of the executans of the deed, if that has not
already been done. If the "parties or any of them cannot read or
write, the Sub-Registrar should read over to them the correction or
interlineation, and add a certificate that he has done so, and that
the parties agreed thereto to his registration endorsement.
291. Examination as to stamp. When a document is presented at
a registration office, the endorsement required by Section 52 of the
Registration Act should be recorded in the form given in Rule 384,
clause A, and signed by the registering officer and by the person
presenting the document, except in the cases referred to Rules
284 to 289 and Rule 302. After recording the endorsement the first
duty of the registering officer is to examine the document to see
that it is duly stamped, or is exempt from stamp duty. When such
examination discloses that a document is not duly stamped, the
registering officer will levy the prescribed fees and make the
endorsements required by Sections 58 and 59, but before
proceeding to register the document under Section 60 further
proceedings in the registration office should be stayed and the
documents should be immediately impounded and forwarded to
the Collector of the district under Section 38, clause 2, of Act It of
1899. After the document has been endorsed by the Collector in
the manner prescribed by Section 40 (a) or 42 of the Stamp Act,
as the case may be. registration proceedings shall at once be
resumed and completed. Documents impounded under the Stamp
Act should be sent to the Collector through the District Registrar.
Every Sub-Registrar shall keep a register of documents
impounded by him in Form No. 15 given in Appendix I.
Note A. Government Notification No. 1074/VI—225-1909,
dated the llth November, 1909. In the case of the registration of
ar.y document, the stamp duly paid 01 which is iuwer than it
would be but for trio pervious payment of stamp duty on some
connected document, the registering officer shall note the amount
of stamp duty paid on the pervious document This note should
be made in the column "Value of stamps" in register I or IV.
Note B. When a document has been impounded by a Sub-
Registrar the District Registrar has no power under the Stamp Act
to decide it duly stamped and to stop it from going to the Collector.
There is of course no bar to his forwarding his opinion with it.
Nole C. Under Notification No. 683-F, dated the 28th
December, 1 . 2 , published in the Gazette of India, dated the 4th
January, 19i3, the starr. duty with which instruments executed by
or on behalf of any Co-opevative Society for the time being
registered under Act II of 1912, or instruments executed by any
officer or member of any such society, and relating to the
'business of the society, are respectively chargeable has been
192 Place of presentation Documents must ordinarily ,be
presented 'for registration at the registration office; but under Section
31. registering officers may, on special causes being shown, proceed
to the private residence of any person desiring to present a
document and may accept it then for registration. This permission,
however, must not be interpreted as extending to the acceptance
for registration of documents at the private residence of the
293. Court-fee stamp on application. No court-fee is
required ou written applications made to a registering officer for
issue of commissions under Section 33 or 38, for the attendance
by a registering officer under Section 3 1, 33 or 38 at a private
residence or jail or for issue of summonses under Section 36. An
application for the attendance of the registering officer at a private
residence may be presented by an agent, relative, or servant of
the applicant or be sent by post, but the presentation of the
document in such cases can be made only by the person who
desires to present for registration at his or her residence.
294. Sections 25 and 34. In cases of urgent necessity or
unavoidable accident, therefore, a delay of four months is allowed
for presentation, and a similar delay for appearance ; and both
periods may be allowed for the same document, if any urgent
necessity or an unavoidable accident occurs to prevent both the
presentation of the document and the appearance of the
executants in due time (Sections 25 and 34. proviso) The two
periods are quite distinct, and are given for different purposes
and at different stages in the procedure of registration. This
distinction is important, and, if it is borne in mind, the following
instructions will be readily understood.
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 (I) 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 :
*For exemptions from personal attendance see Rules 314 and 315.
Provided that if proceedings under Section 36 for the
appearance of the executants are still pending at the expiry of
the eight months, and the executant has not appeared, the case
shall he reported to the District Registrar without a formal refusal
to register being recorded. But when summons has been duly
served and the executants refuses or neglects to appear a formal
refusal to register will be recorded under Rule 249 without waiting
for the expiry of the period of eight months.
(2) In any case referred to in sub-rule (1) 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.
297. Section 26. The above instructions apply to documents
presented under Section 26, with this exception only that the first
period of four months and the extended period of eight months
must be reckoned from the date of their execution. These
documents can, under no circumstances, remain pending beyond
eight months from the date of their arrival in the States. In the
case of a document executed by some of the parties in, and by
other out of the States, the party presenting the document may
proceed at his option under Section 23, Section 24 or Section 25
instead of Section 26 ; and if he does so, the provisions of above
instructions regarding those sections shall apply. All pending
documents must thus be refused registration after eight months
from the date of execution, if presented under Section 23 or
Section 24 after 12 months, if presented under Section 25 ; and
after eight months from the date of arrival in India, if presented
under Section 26.
298. The above instructions (Rules 295, 296, 297) are
howvever subject to the proviso that the Sub Registrar may
immediately record a refusal to register, without reporting the matter to
the District Registrar, if is apparent that the failure to attend is
due to the willful default or neglect of the excecutant, as the refusal in
this case will be on ground of denial of execution (vide Rule 249 supra).
299. If the period of limitation for presentation or for
appearance to admit execution of a document prescribed by the
Act or extended by the District Registrar expires on a day on
which the registration office is closed, the presentation or
appearance shall be considered to have been made in due time if
it is made on the first day of the opening of the office (vide Section
10 of the General Clauses Act, X of 1897).
300 Parties entitled to present documents for
registration. If the document be not open to any of the objections
set forth above, the registering officer, before finally accepting it for
registration, should satisfy himself that the person presenting it
has legal authority to do so. The persons who may present a
document for registiation are tne lollowing :
(a) in the case of a will, the testator, and after his death
any person claiming under it as executor otherwise ;
(b) in the case of an authority to adopt, the donor, and
after his death, the donee or the adopted son ;
(c) in the case of a copy of a decree or order, any person
claiming under the decree or order ;
(d) in any other case, any person executing or claiming
under the document ;
(e) the representative or assign of any of the foregoing ;
(f) the agent of any of the foregoing.
Note. Where the Indian Registration Act, 1908 or any rule
made thereunder, requires or permits any act to be done with
reference to a document by a person executing or claiming under
the same and the document has been executed on behalf of
Municipal or District Board or is a document under which a
Municipal or District Board claims, the act may, notwithstanding
anything to the contrary contained in the aforesaid enactment or in
any rule thereunder, be done (1) in the case of Municipal Board,
by the Chairman, the Executive Officer or a Secretary of the
Board, or by other officer of the Board empowered by regulation in
this behalf, and (2) in the case of District Board, by the Chairman,
or by any other officer of the Board empowered by regulation in
301. Presentation by representatives, assigns or agents.
If the document having been executed by the principal, be
presented by a representative* or assign the latter should satisfy
the registering officer of his status. If by an agent, he must produce
a power-of-attorney authenticated in the manner prescribed in
Section 33 of the Registration Act. But care must be taken to
distinguish between deeds executed by agents in pursuance of
power in that behalf conferred upon them by their principals, and
deeds executed by principals presented for registration by agents
empowered in that behalf. It is not the duty of the registering
officer to satisfy himself of the power of an agent being the actual
executant of an instrument to execute it i. e , to deal with the
property forming the subject-matter of the deed. The registering
officer does not record any confirmation of that power. His duty is
confined to the question whether the persons purporting to have
executed the instrument have in fact do.oe so or not. There are
three possible cases :
1. where the actual executant, or p:rsoa claiming under
the instrument, appears ;
2. where a representative or an assign of such person
3. where an agent of either of the above person appears.
In the first case, the registering officer has simply to
ascertain whether the person so appearing does or does not admit
execution, and his identity ; he is not concerned with the capacity
in which the executant acted in signing the document. In the
second case, the registering officer has further to satisfy himself
as to the right of the representative or the assign to appear in that
capacity and to admit execution. In the third case, the registering
officer has simply to see whether the person appearing is an agent
duly empowered as prescribed by Section 33 to appear and bind
his principal, viz , the executant, person claiming under the
instrument, representative or assign with an admission of execution
If the power-of-attorney is in a language which the registering
officer does not understand and which is not commonly used in the
district, he shall require a translation of it to be filed with the
302. Presentation by unauthorized person. If the
registering officer finds that the person presenting the document is
not legally authorized to present it he should endorse on the
document "presented by...............who is not
*For the purposes of Registration Act. Section 3 "representative"
includes the guardian of a minor and the committee or other
curator of a lunatic or idiot.
legally authorized to present it- Returned". An entry of the
occurrence should at the same time be mace in the minute book.
Section 23-A of the Indian Registration Act, 1908, as amended by
Act XV of 1917, does not authorize a registering officer to accept
presentation by ar. improper person but is only enacted to rectify
errors already made.
303. Officials exempt from appearance It shall not be
necessary for an officer of Government or any other person
referred to in sub section (1) of Section 88 of the Act to appear in
person or by agent at any registration office in any proceeding
connected with the registration of any instrument executed by
him or in his favour in bis official capacity or to sign as provided in
Section 58. Such officer or person if entitled to present any
instrument for registration may transmit the same to the proper
registering officer either through a messenger or by post. The
words "executed by him or in his favour" shall be construed as
referring also to an instrument executed by or in favour of the
predecessor-in-offke of the officer or person entitled to present any
instrument for registration.
PROCEDURE ON ACCEPTANCE
304. Procedure on acceptance for registration - Identity of
persons appearing When a document is accepted for registration
the prescribed fees should be levied and the necessary entries
made in the fees book. The counterfoil receipt should then be
prepared and the receipts for the document and the fees delivered
to the presenter. The registering officer should then, with as little
delay as possible, enquire whether the document was executed
by the alleged executant, and satisfy himself as to the identity of
the person appearing before him to admit execution. He should
also satisfy himself that the person admitting execution has read
and understood the contents of the document and should if the
person is illiterate or cannot read and understand the document
will explain the nature and contents to him. If the presenter be the
executant, or his representative, assign or agent, and if such
executant, representative, assign or agent, and if such executant,
representative, assign or agent be present, the registering officer
shall make the necessary enquiry at once.
When the registering officer is not personally acquainted with
executants, he shall require them to produce persons to testify to
their identity. Such persons shall, if possible, be persons known to
the registering officer personally, or failing these, persons of
apparent respectability. Witnesses who are unknown to the
registering officer shall have their thumb impressions recorded as
in the case of executants (vide Rule 308, so far as it is
applicable). Any distinctive physical peculiarity or marked
deformity in a party or witness should be noted in the
endorsement. But a descriptive roll need not be recorded except
in suspicious cases. This procedure must be in addition to, and
not take the place of, the procedure required by Section 34, that
the registering officer shall satisfy himself of their identity. Such
descriptive rolls afford in themselves no proof of identity.
305. Identity of obscure and unknown persons. The
registering officer must take care that the witness is really able to
identify the person to be identified. To this end the witness should
be clearly and specially asked •whether that person is or is not the
person he professes himself to be, and what the nature of his-the
witness's- acquaintance with that person is. The testimony of an
identifying witness should be rejected if he has had no personal
acquaintance with the person identified, but has merely been told
his name for the purposes of that identification. Care should be
taken that Identification does not become a trade among the
petition-writers, menials and hangers on of ths office. The
testimony of persons who make such a trade should not be
306. Identity of pardaaashin women. In the case of
documents executed by pardanashin iadies, registering officers
should be careful to obtain an admission of execution from the
executant's own lips. The mere statement of the relatives of other
persons accompanying her is not sufficient. The lady should be
seen and identified by some person acquainted with her
appearance, and the name and relationship of such person to the
executant should be noted in the endorsement. The terms of the
document should be explained to the executant, and if while
admitting execution, she objects to any of the terms, such
objection should be noted. The instructions apply to the case of all
documents executed by pardanashin ladies, whether registered at
the registration office or on visit or by commission at the
307. Admission by and identification of executants. If
execution by the alleged executant is admitted and the registering
officer is satisfied on the points laid down in paragraph 1 of Rule
304 he should record on the instrument the endorsement required
by Section 58 in one or other of the forms given in Rule 384, and
such endorsement should be signed by the registering officer, the
executant, and all the witnesses examined, but no such
endorsement is necessary on a copy of a decree or order, or on a
certificate sent under Section 89 of the Registration Act.
308. Thumb impression. In addition to all or any of the
directions laid down in the Act or Rules made thereunder for
securing the identification of executants of documents, registeringofficers
shall take the thumb-impressions of all executants of
documents, whether presonally known to them or not, the following
1. Registrations under Section 17, clauses (a), (b), (c), (d)
and (e) of the Act.
2. Registration under Section 18, clauses (a), (b) and (c) of
the Act, "and also under clauses (d), (e) and (f) in the the
Meerut and Rohilkh and Divisions only".
3. Powers-of attorney authenticated under Section 33. (4) Of
all pardanashin women.
This rule may be relaxed only in the case of persons of
position, regarding whose identity there can be of no doubt or
room for suspicion and in the case of persons suffering from
leprosy or similiar highly contagious disease, notwithstanding that
such persons are not personally known to the registering officer. In
the case of pardanashin women the impression shall be made
either in the presence of the registering officer or of the person
who identifies the woman, and in the latter case the name of the
person who takes the impression should be noted. A note shall be
made in the register and on the document, of the fact and grounds
of relaxation of the rule under this paragraph.
The impression taken shall be of the left thumb. If the left
thumb be defective or injured, the right thumb, or any other digit
may be used, and a note made in the register and on the
document of the particular digit employed. If none of the above
methods be possible, special care should be taken that the
directions contained in Rule 304 are strictly complied with.
The impression shall be taken (1) on the document, in a clear
space immediately under the signature of the executant to the
endorsement required by Section 58 of the Act, and (2) in
Register No. VIII (Form No. 16, Appendix 1), which shall be
maintained in all registration offices.
The apparatus to be employed will be supplied by the office
of the Inspector General of Registration, and shall ordinarily
consist of a tin box containing (I ) a roller, (2) a tin plate, (3) a pot
of printer's ink, and (4) a phial of turpentine. The mode of taking
impressions is as follow? :
(a) A small quantity of ink should be applied to the plate and
worked with the roller till it forms an even layer on the surface,
which must be so thin as to allow the plate to show through it.
(b) The executant's left hand should be taken and the ball of the
thumb, after being wiped, should be laid on the inked plate and
rolled from side to side (not rubbed) and pressed gently, but firmly
with the operator's own hand until sufficiently inked, and the inked
finger should then be placed and lightly and carefully rolled on the
paper on which the print is to be taken, in such a way that the
pattern of the whole ball of the thumb, from side to side, is clearly
impressed on it. It muse be specially borne in mind that any
reverse movement, either at the time of applying or removing the
thumb, will cause a smudge and spoil the impression.
(c) The roller and plate must be thoroughly cleaned daily.
Some difficulty is occasionally experienced in obtaining
satisfactory thumb-impression when the executant is a pardanashin
woman or an ignorant agriculturist. In such cases it is advisable
to take first a few irnpres?\oas on a niece of waste pape^ and not
to take an impression on the document or on the register unul
the executant ami the operator (when as in the case .~.f a pardunuhin
women the registering officer is not the actual operator) are
fully acquainted with the method to be employed. In cases when
the thumb-impression taken on the document or on the register is
blurred or indistinct, a second or, if necessary a third impression
should be taken alongside the first, a note being made in the
register and signed by the repistering officer whenever more than
one impression is taken on the document itself.
309 Indeatificalion by patwari. Under Rules 34 (2), Province of
Agra, Identification by Patwaris, and 32 (2) Oudh, of the Patwaris
Rules—Board's Extent Circulars Part III—all patwaris are required
when attending any court or upon any official to record in their
diaries the fact of attendance, the cause of attendance, and the
name and designation of the c«nrt or official. These rules apply to
patwaris when attending the offices of District Registrars and
Sub-Registrars for the purposes of identification in registration
proceedings. It should accordingly be the practice for registering
officers to require any patwari attending a registration office for the
purpose of identifying a person executing a document to note the
particulars referred to above in his diary, such entry being
authenticated by the signature of the registering officer. Any
neglect or refusal on the part of a patwari to produce his diary
should be brought to the notice of the Collector or Deputy
Commissioner of the district. Sub Registrars should address the
District Registrar of the district, who will take the necessary action
in the matter.
310. Enquiry as to 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 I 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.
Summons from the court of ..................... for the production at
.......... of Registers Nos. ...................... Volume.............. of ........
relating to the District Registrars/Sub-Registrars' office:
a) I direct.....................to appear with the registers mentioned in
the summons and to claim privilege for them under Qection '73 of
the Evidence Act.
(b) I withhold permission to give any evidence derived from the registers
for which privilege is claimed under this order.
Dated......... the............District Registrar.
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
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
designation of the commissioner), for the purpose of
enquiring whether this power (or document) has been
executed by /SB son of CD of .........by whom it purports to
have been executed."
316. Commissions and visits to persons residing outside
district or sub-district. If the person to be examined under
Section 38 be not resident within the district or sub-district of the
registering officer, a commission shall be directed to the District
Registrar of the district in which such person resides, who may
redirect to the Sub-Registrar, who may, if he cannot personally
attend, redirect it to any other person. The travelling allowance
will be transferred to the registering officer to whom the
commission is addressed.
A Sub-Registrar must not attend a residence situated
outside his sub-district for any of the purposes of a visit without
the permission of the District Registrar, and this permission
should not be granted unless the District Registrar is satisfied that
attendance at his own office or at the office of the Sub-Registrar
by some duly qualified person would involve very exceptional
317. Return of commission. When the commission has
been executed, the commissioner shall return the document to
the office from which it was issued with a report which will be
endorsed upon the document in the following form :
"Having visited the residence of AB son of CD
at......................, I have this day examined the said AB who
has been identified to my satisfaction by EF son of GHetc ,
resident of............... and the said AB admitted (or
denied) th: execution of this power (or document) and
the receipt of the consideration (or part of it).
Full signature of executant
Full signature of witnesses
Full signature of Commissioner"
318. Examination of witness by commissioner. A
commissioner may exatnine witnesses in the same manner as a
registering officer ; and persons refusing to give testimony to a
commissioner on being required to do so, shall be subject to the
penalties and punishments which they would incur for the same
offence if committed in a registration office. It shall be competent to
a registering officer to examine the commissioner personally in his
office touching any of the circumstances connected with the
discharge of his commission, specially with reference to the
voluntary nature of the admission of execution
319. Procedure on denial of execution, etc. If the person
by whom the document purports to be executed, denies its
execution, or if he appears to the registering officer to be a minor,*
an idiot or a lunatic, or if he be dead, and his representative or
assign denies its execution, the registering officer, if a Sub-
Registrar, is bound to record an order of refusal to register. A Sub-
Registrar, on any such denial, has no authority to inquire into the
fact of execution, but a District Registrar may do so either on
appeal from the order of the Sub-Registrar under Section 73, or
when the denial is made before him under Section 74.
320. Copies of reasons for refusing to register. Section
71 of the Act prescribes that when a Sub-Registrar refuses to
register a document except on the ground of want of jurisdiction,
he shall make an order of refusal and record his reasons in book
No. If, and endorse the words "registration refused" on the
document. On application made by any person executing or
claiming under the document, the Sub-Registrar shall, without
payment ar.d unnecessary delay, give him a copy of the reasons
so recorded. Ths words "without payment" refer to copying fees
and not to stamps.
321. Procedure when there are several executants. When
a document purports to have been executed by more than one
person, the process described above must be observed in the
case of each : but it is not essential that all the alleged executants
should appear before the registering officer simultaneously. The
identification and admission of as many as are present should be
at once recorded, and registration of the document be postponed
until the appearance subsequently, of the others. In such case, a
single fee, will be charged, and not a separate fee for each
executant or appearance.
322. On accepting a document for registration the registering
officer shall ascertain from the presenter whether on registration it
should be returned to him. or to some other person named by him,
by post. If he desires the document to be returned by po^t he
should be asked to make an endorsement to that effect on the
back of the receipt issued to him under Section 52 of the
Registration Act, giving the full address and the name of the
Note to Rule 319-For the purposes of the Registration Act all
persons domiciled in India being citizens of India of whatever race or
religion, are to be considered minors until they have reached the full
age of eighteen years [vide Government of India No. 535 (Home
Department!, dated the 16th April, 1897].
office and to deposit a fee of seventy-five nave paise to
cover the cost of transit charges. If the presenter has
registered two or more documents at the same time and
desires them to be returned together by registered post to
the same addressee, the rate for additional documents should be
ihe actual amount of postage required for their despatch
subject to a minimum of twenty-five naye paise per
document. The fee shall be shown separately for each
document in red ink in column 8 of the fee book and credited
into the treasury by the registering officer. When the
document has been copied out it should be placed in a
strong cover by the registering officer himself which should be
sealed in his presence and sent to the presenter or to the
person named under a service registered cover. The postal
receipt for the cover will be kept with the registering officer until
the postage acknowledgment receipt bearing the signature of
person receiving the document with date is duly received.
The delivery acknowledgment (the yellow receipt) with the
receipt under Section 52 shall be pasted to the counterfoil
and the postal white receipt will be destroyed. If the delivery
acknowledgment is not returned within a fortnight, a reminder
should be issued about it to the post office concerned.
Documents returned undelivered by post shall be entered in the
list of "unclaimed documents" after one month from the date or
their return and shall be dealt with exactly as other unclaimed
documents A register in Form No. 21, Appendix I, shall be
maintained in all offices for documents sent by post and notes
about their return by the post office and delivery thereafter to
proper persons shall be made in the columns provided in the
Procedure on admission to registration
323. Procedure when document is admitted to
registration. When a document has been admitted to registration,
it should be made over to the registration clerk to be copied into its
appropriate book : and the registering officer should see that no
unnecessary delav occurs, and that document are always entered
in the books in the order of their admission. The entry should be an
exact copy of the document registered, and all interlineations
blanks, erasures and alterations which appear in the original shall
be noted in the manner laid down in Rule 262. All such entries
must be authenticated by the registering officer daily.
Applications for inspection, search or copies
326. Inspection and search and grant of copies. Section 57,
Act XVI 1908, provides fora)
Inspection of books Nos. I and II and of the indexes
relating to book No. I by any person desirous of
inspecting the same. The foregoing books and indexes
being open to inspection (on payment of the prescribed
fee) by any member of the public ; it follows that any
person desiring information as to their contents may
employ any other persons to make the necessary
(b) Searches for entries in books Nos. Ill and IV to be made
only by the registering officer as a preliminary to the grant
of a copy, on the application or certain classes of persons
specified in clauses 2 and 3.
(c) The grant of copies of entries-
1. In books I and II and the indexes relating to book I, to all
persons applying for such copies.
2. (In books III 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 I and II
and Indexes I 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
of 12 years or files an affidavit to the effect that he had obtained a
search certificate before.
(2) On application by a decree-holder regarding ancestral
property, the sale of which has been ordered in execution of a Civil
Court decree, or immovable property, the sale of which has been
ordered in execution of a Revenue court decree, and on payment
of the prescribed fee, the registering officer shall make a similar
search and give a similar certificate.
(3) Similarly any applicant desiring to file a security bond
hypothecating immovable property under the provisions of Rule 5,
6, 8 or 10, Order XLI of the Civil Procedure Code, or otherwise in
pursuance of any order of a court, may apply to a registering
officer for search of books and indexes relating thereto and on
payment of the prescribed fee a certificate of non-encumbrance or
otherwise will be granted to him in the form mentioned above.
The applicant for such a certificate shall note the following additional
particulars in his application
(a) The name of the court and the number of the suit in which the
certificate is to be filed.
(b)The date of registration of the security bond.
(c) The name of the party who executed the band,
(d)The name of the party for whose benefit it has been executed.
If any other application
(e)Whether this is the first application was made the result should be
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
amended in Uttar Pradesh but no Court-fee is leviable application for
searches and inspections.
Applications for searches to be made in books No. 111 and IV, under
the provisions of Section 57 of the Registration Act and applications for
copies of entries made in books I, II, III and IV may be presented
personally or by post. When an, application is made by post, the applicant
shall at the same time remit to the registering officer by money order the
amount of the fees chargeable on account of the copy or search desired,
together with amount of the stamp duty,-if any, payable under Article 24
of Schedule 1-B of the Indian Stamp Act. 1899 (Act No. 11 of 1899) as
amended in Uttar Pradesh.
Applications for searches under Rule 327 may be made by a decreeholder
or by his duly appointed agent and may be presented either
personally by the decree holder or by his appointed agent or by post. All
applications for inspections and searches will be made in Form No. 30 or
31 of Appendix All. All applications in Form Nos. 28, 30 or 3 1, shall
state the applicant's full address and whether he desires the copy, result of
search or encumbrance certificate to be sent by post or will attend in
person or receive it through another person nominated by him in that
In case the applicant desires the search certificates or copies of entries
made in books I, II, III and IV to be sent to him by registered post he
shall attach with his application a properly stamped and addressed
registration (postal) envelope with a properly addressed acknowledge
meat receipt The registering officer shall send the certificate or copies, as
soon as ready in the registered cover provided for the purpose and paste
the post office receipt as well as the acknowledgment receipt on the
corresponding counterfoil of the receipt book. If the postage stamps
supplied by the applicant are sufficient;- the required papers including the
postal cover supplied will be sent in another cover per bearing post. The
fact that an envelope has been received with the application shall he noted
as soon as the application is entered in the register, the column of remarks
in Form No. 9 (register of application for copies) or Form No. 10
(registers of searches) Appendix 1, as the case may be.
329. Copies of the prescribed forms of applications for copies, inspection
arches may be obtained at five naye paise each from licensed deed stampvendor
to whom such forms will be issued by the registering quantities of
not less than ten of each kind at a time at the rate of four rupees per
hundred. Forms will also be procurable from the registering officer at five
naye paise each in case there is no licensed deed-writer or stamp- vendor
near the office or he had no stock for "le to the public. The registering
officer shall maintain an account of the sale of these forms in the register
of saleable forms (Form No. 22, Appendix 1) and shall issue receipts for
the sale-proceeds in Form No. 8, Appendix 1, showing distinctly the
amount of sale- proceeds against the item Miscellaneous" therein and
enter the amount in the register of fees (Form No. 13, Appendix 1) As the
amount of sale-proceeds of forms will be credited to a head different from
that to which registration receipts are credited, entries on account of the
sale-proceeds of forms should be made in the fee book below the total of
registration receipts and separate from it a separate total being struck for
the daily sale-proceeds of forms. Every entry of sale of those forms, must
be recorded in the said register (Form No. 22, Appendix 1). The register
in Form No. 22 shall & so be maintained in the District Registrar's Office
which will issue these forms to Sub- Registrars only. Columns 7, 9 and
11 will remain blank in his register.
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 I). A note must
be made in column II against all applications which required amendment
or completion by search or inspection.
In case insufficient particulars are given in an application received
by post for a copy of a document in book I or II the Sub-Registrar should
legitimate the fact to the applicant and direct him to attend in person or
authorize some other person to make an inspection.
333. Application for copy of entry in book 111 or IV to contain
certain information. Every application for a copy of an entry in book III
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
proof. If any, as he considers necessary of the correctness of such
334. Procedure to he adopted when above Information cannot he
furnished. A person desirous of obtaining a copy of an entry in book III
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
registered in book III or book IV can be granted only to the persons
referred to in clauses (2) and (3) of Section 57 unless and until, the entry
is transferred to the right book under Rule 355.
336. Court fee stamps on applications to he punched. The courtfee
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
possible, be complied with the same day and those received in the
afternoon on the next day and should have precedence over the
documents remaining to be copied in the registers. Urgent copies shall
have preference over ordinary ones and must be furnished with as little
delay as possible. Sub-Registrars will be responsible for seeing that no
application for an urgent copy remains unattended for more than 21
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 or in the case of District Registrars' offices in the
presence or 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, or,
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
by service paid post if he is not present. of the order passed on his
application, and will the remarks column of the register the date of such
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 s 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
refusal on the application the Apply cant being informed personally, if he
is in attendance, or by post service paid if he is not present. If the entry
cannot be found, or if the application is refused on the ground that it does
not contain the particulars or information required by Rules 332 and 333,
or if the registering officer considers it necessary to require proof of such
information, the nature of and reason for the order passed will be
intimated to the applicant in the foregoing manner. The date of such
intimation will be entered in the remarks column of register of
applications for copies (Form No. 9, Appendix 1).
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 to 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 l).
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
Schedule1-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 I).
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 on account of a copy exceeds the
amount chargeable on account of a such copy, the applicant shall be
entitled to a refund of the excess. Such refunds shall be obtained in the
manner prescribed Rule 220.
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 or 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.
Copies given under Sections 57 and 71, Act XVI of 1908, and
copies of proceedings, orders and depositions, etc., recorded by
registering officers require to be stamped under Article 24, Schedule 1 of
the Indian Stamp Act (Act 11 of 1899). Copies of proceedings, orders or
depositions taken or made by District Registrars under and for the
purposes of Sections 480 to 482 of the Code of Criminal Procedure,
require to be stamped under Article 9, Appendix 1 of the Courts Fees Act
(Act VII of 1810).
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
348. Inspection and searches by Government officials. Free
searches shall be allowed by registering officers in the following cases:
(a) When ordered by Collectors or sale officers in connexion with
encumbrances on ancestral property the sale of which has been
ordered in execution of Civil Court decree.
(b) When ordered by a court. in respect of security bonds filed by
or in favour of a person bound under Sections 106,
107. 109 and 1 10, Code of Criminal Procedure.
(c) When ordered by the head of a Government office in respect of
security bonds filed by Government officials for due discharge
of heir duties or in connexion with encumbrances on
the property pledged is a security for the house
building advances granted to Government servants.
(d) When ordered by district officer or Tabsildars in respect of
matters connected with taqavi loans or the-, acquisition of land
under the Land Acquisition Act, 1894. or by Income-tax
officers in connexion with the assessment of income-tax, Or by
the Deputy District Planning officers, Block Development
Officers and Principal Training Centres in respect of matters
connected with loans under the Development and Planning
(e) When asked by the manager of a co-operative society
registered under Act 11 of 1912.
(f) When requisitioned by the Director of Industries, Uttar
Pradesh, in respect of encumbrances on securities to industrial
(g) When ordered by a Collector conducting the sale of immovable
property in connexion with the realization of arrears of ferry
dues, under Section 9 of the Northern India Ferries Act, 1878
(XVII of 1878).
(h) When asked by the President or the Secretary of the Shia
Central Board or of the Sunni Central Board, for a bonafide
public purpose regarding any information relating to the landed
properly of a Waqf or encumbrances existing on it or any deed
of Waqf registered in any registration office.
All searches under this rule shall be made by the registering
officers themselves, except in cases (d), (e) and (h) where inspections
subject to the restrictions contained in Section 57 of the Indian
Registration Act, XVI of 1908, shall be permitted to be made by any
person nominated on this behalf by the requisitioning authority.
Registering officers are also required to make searches themselves
for encumbrances in connexion with the securities offered by applicants
for loans from the Uttar Pradesh Financial Corporation or security bonds
executed by Municipal or District Board's employees or by Court of
Wards' officials when requisitioned by the head of their departments if
such requisitions are accompanied by the requisite search fees. In all
other cases the District Registrar may decide whether starch may
bonafide free of charge by the registering, officer if a requisition is
received for bonafide public purposes from a Government office or court.
Search made by the registering officer under this rule may extend to
books 1 and 11 and both corresponding indexes as well as to books Nos.
111 and IV and their indexes. The result of such searches shall be
intimated in writing and signed by, the registering officer. The requisition
and this intimation shall state the Particulars of years and books under
349. Copies to be examined and certified as true copies. No copy of an
entry in the registers of indexes granted under S. 57, or reasons for refusal
to register granted under sections 71 and 76 of the Registration Act, or 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:
Where there is an authorized apprentice entertained, such
apprentice may be employed in making, but not in examining copies. No
copy shall be certified to be a true copy unless it shows correctly the
value of the stamp or amps, if any, on the original document.
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 error
of description and in furtherance of their original intention. Such
alteration, in effect makes the document a new one, different from the one
already registered; and it be a document falling under 8. 17, reregistration
Corrections in sale certificates and deeds by an order or decree of
the court under Section 441 of the Specific Relief Act or Sections 152
and 153 of Civil Procedure Code, should be made in the file book
registers and indexes their proper places.
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
register this document also. The supplementary document will require to
be treated in every respect the same the original, and would be liable to
the same fees, subject to a maximum rupees two and twenty-five naye
paise. Stamp duty on the document shall be chargeable according to the
provisions or the Indian Stamp Act, 18" 1 of 1899), as modified by
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
executed by several persons, but at the time of first registration had in fact
been executed by some only of those persons. If after registration the
other persons also execute the document must be registered afresh, but in
the latter case limitation Will in. under the proviso in Section 23, not
from the date of the document, but on the date of the last execution.
353, The third way in which document may be registered is as permitted
by Section 28-A of the Indian Registration Act. 1908, as amended by Act
XV of f 1917.
354. Procedure on registration. Wherever a document is reregistered
will be treated in all respects as if it were an entirely new
document and must be re-copied, id its altered form, in the proper
register, and the full fees levied. If there be not sufficient room on the
back of the document for the set of endorsements required, owing to its
being already occupied with the bdorsem6nts recorded at the first
registration, they may he written of continued on a separate piece of
paper, as provided for in Rule 383.
Errors In registration. (Sections- 68'and 69 of Act XVI of 1908)
355. (i) In the event of a document being in a wrong register he
registration shall stand, but the District Registrar shall on a report being
made or in his own initiative after fully satisfying himself of the fact,
direct that the copy of the document with the endorsement and the
certificate thereon shall be transcribed in its appropriate register
without further charge,. A document so copied shall be given the number
assigned to the last previous document so copied document in the book to
which it is transfer d with the letter "A" affixed.
(ii) A certificate in the following form %hall be entered in the
endorsement column of the register to which the entry is transferred and
on the document below the former certificate, the document being sent
for if it is not in the office:
Registered again under the orders of the District Registrar No.............
19...........as document No. A of 19...................in
book......................volume............. pages .........
Dated ............ 19 ........ Signature of
(iii) A similar certificate shall be entered in red ink at the foot of the
original entry of registration with the words "wrongly" registered in this
356. The registering officer shall, on receipt of the District
&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.
(ii) Where the proper office of registration is in a district other than that in
which the office of wrong registration is situated, the application shall be
made to the District Registrar of that other district.
(iii) When a direction is so issued to a Sub-Registrar, be shall register the
document without the levy of any fee and in the endorsement of
presentation shall refer to the orders of the District Registrar.
(iv) The registering officer in whose office the document was originally
registered shall in any case forward to the proper office, free of charge, a
copy of a memorandum of the document in accordance with the
procedure prescribed by Sections 64 to 66 and the receiving officer shall
file the copy or memorandum in his file book 1.
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.
Special under Section 89
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
(1) they render obligatory the registration of all documents of the classes
aforementioned, without regard to value;
(2) the obligation to register is imposed upon the officer granting the
loan or the court of Revenue officer granting the certificate (as the
case may be) and not upon the person, to whom the loan or certificate
has been granted or the person claiming thereunder
(3) a particular mode of registration is prescribed : the Revenue officer is
to send a copy of his order, or of the instrument securing repayment
of the loan, to the registering officer having jurisdiction: and in like
manner, the court or Revenue officer is to send the registering officer
a copy of the certificate of sale ; the registering officer Will then file
such copy in his book (file book No. 1) and this is sufficient
registration for all legal purpose.
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 or 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].
Registration and authentication of documents presented in duplicate
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
The registering officer shall treat the duplicates as such, if they are
exact reproductions of the original, bear the same date and are certified
by the executing parties to he true and exact copies of the original. Such
copies shall be examined with the original and should any discrepancy be
detected the presenter shall be required to reconcile it before the
document is accepted for registration, if the original contains a map or
plan, or any other annexure a copy shall he annexed to each of the copies
to be registered.
Procedure (of registration) of duplicate presented with a document. Each
Arch copy shall be separately numbered in the fee and the register but it
will not be necessary to copy the whole document more than once in the
register. So far as such copies are concerned only the serial numbers and
the endorsements including the stamp vendor's endorsement, if any, shall
be copied in the register below the copy of the original document and the
certificate of registration on the original and on the copies shall mention
all the pages of the volume occupied by the entries which relate to the
original and the copies. Each copy of the document shall bear the same
endorsements as the original with necessary change as to the serial
number and also the following additional endorsement:
Duplicate (for triplicate or other copy) of serial no .........
Difference between the original and the duplicate (or triplicate or other
Interlineations, blanks, alterations-, erasures in this:
Date............... Signature of Registering
Note. In entering notes of interlineations, blanks alterations and
erasures on the duplicates, triplicate or other copy, the particular letter, or
word or figure interlined altered or erased shall: be specified, e.g. in line
12 the word "Currency" interlined, Letter "a" or figure 112" "altered" in'
line 10 of the word "money" erased, and so on. When an erased -letter or
word "Cannot be deciphered the note shall run as follows:
"A word occurring after 'the' in line 5 erased".
(ii) Procedure of authentication of duplicate powers-of-atiorney
presented with the original power-of-attorney. The duplicate or the
triplicate of a power of attorney presented for authentication shall be
treated as a separate power and a separate attestation fee levied thereon,
but it shall not be necessary to abstract the power more than once in
register of powers-of-attorney (book No. Vl) So far as the duplicate or the
triplicate copies are concerned, only their number, together with the value
of stamp, shall be noted in appropriate places, a note being at the same
time made in the column for abstract to the effect that it is a duplicate,
triplicate or other copy of power No.......... abstracted in page .........
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.
Appeals and applications to the District Registrar.........
Under Sections 72 and 73 of the Registration Act
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, 1 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.
Records of proceedings before the District Registrar
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.
Copies and memoranda of documents
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 to each of the subordinate Sub-Registrars within whose
sub-district any part of it property is situated.
In each memoradum description should he given of that part only
of the property affected by $be registered document which is situated
within the district to the Sub-Registrar of which-the memorandum is sent.
370. Copies of memoranda to be sent through District Registrars. A
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
copied or in the book in which the copy has been filed under Section 65
or Section 66.
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 go 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
verbal statement made to him for the purposes of this section. an oath
includes an affirmation under Section 6 of Act X of 18 73.
375. Statements on oath or 2ffirmalion, how to he recorded.
Statements made on oath under Section 63 shall not be recorded on the
document to which they relate, but on separate sheets of paper which
shall be filed in the office. A note tot he effect that recorded evidence has
been taken shall, in such cases, be endorsed on the document and entered
in the book in which it is registered, in the column provided for copies of
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 (X 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:
For at oath-"The evidence which 1 shall give to the court shall he the
truth, the whole truth, and nothing but the truth So help me God
For an affirmation. 'I solemnly affirm, that the evidence which I shall
give to the court shall be the truth, the whole truth and nothing but the
Prosecutions, cancellation of registered documents and documents
discredited by Civil courts
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,
Forth briefly the cirusnstances which led to the prosecution. As
soon as possible after decision, a full report shall be made to the
Inspector General accompanied by a copy of the judgment of the court.
379. Prosecutions to be instituted only with the sanction of the
District Registrar:- No prosecutions shall instituted by a Sub-
Registrar without the concurrence of the District Registrar of the
district. Any offence punishable official capacity, as provided in
Section 83, should be made the subject of a full and completed
report to the District Registrar, accompanied by the written
statement of the principals or witnesses, if any, whose evidence
would be material to the considered ; and if prosecution is
determined the District Magistrate should be addressed, in the
usual way and the services of the District Government Pleader
requisitioned. On the termination of the proceedings, the file of the
case should be sent for the purpose, if the result has been an acquittal
of deciding whether any further action is necessary in the ends of
justice or, if the result has been a conviction of preparing the final
report to be made to the Inspector General with copy of the
380. Cancellation of or correction in registered documents:- When
under the provisions of Section 39 of Act I of 1877 ( The Special
Relief Act), any registered document is cancelled by order of court,
and a copy of the decree is sent to the office in which it was
registered, a note of the cancellation shall be made in red ink
opposite the copy of the document cancelled, specifying the court
rendering cancellation, and the number and date of its decree and a
note should be made in the index as well. This rule, if carefully
attended to will greatly enhance the value of the registers. The note
should be signed by the registering officer of the day. Similarly,
when a registered instrument altered by the Collector acting under
the provisions of Section 9 (2) of the Bundelkhand Alienation of
Land Act. II of 1903 is received, a note of the alteration shall be
made at the foot of the copy of the instrument in book I. no
alteration must on any account be made in the body of the copy. All
such instruments shall be sent to the registering officer (and
returned) thought the District Registrar.
381. Registered document discredited by Civil Court owing to faulty
registration procedure:- [Rule 435 of the North Western Provinces
High Court Rules of the 4th April, 1896 and Rule 47 of the Outh
Civil Rules, 1912]. Under the orders marginally noted, Civil Court
will resport to District Registrars whenever they discredited a
registered document owing to faulty procedure on the part of
registering officers. Whenever a report is received under these order
enquiry should be instituted, and such measures taken as may appear
advisable under the circumstance of the case. The Inspector General
should at the same time be informed of the measures so taken.
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 on a
document for the necessary endorsements, they shall be made on a
separate sheet if foolscap paper, and attached to the document, a note
being at the same time made in the document itself and signed by the
registering officer. Every piece of paper so added must bear the seal
of the registering officer and be signed and dated by him. The
"addition" of the person concerned is the "addition" as described in
Section 2 of the Act, and the word is to be interpreted where used
throughout these rules.
383. Endorsements and certificates required our copies of decrees
and order of courts:- Section 58 does apply to certified copies
decrees and order of courts or to copies field under Section 89 in file
book No. I, such as copies of orders granting loans under the Land
Improvement loans Act or the Agriculturalists' Loans Act, copies of
certificates of sale, etc, the endorsement required by section 52 and
the certificated required by Section 60 being all that should be
recorded on such copies.
384. Forms of endorsement:- The following forms of endorsements shall
be adhered to as far as the circumstances of each cases will permit :
A- Forms of endorsements to be recorded on every documents presented
for registration under Section 52.
(1) When presented at the registration officer by some person executing or
claming under it.
Personated by (name and addition) at the officer of the (District Registrar
or Sub-Registrar ) of...........this.............day of................between the hours
of................ and .............
Signature of Registering Officer and
Note:- When the document is presented by a preventative or agent or
assign, this should be stated in addition to his name and addition and the
name of his principal also inserted.
B- Forms of endorsements to be recorded under Section 58 on every
document admitted to registration other than a copy of a decree or
order] or of a certificate sent under Section 89.
(1) When the person purporting to have executed the document is
personally known to the registering officer and admits the execution of
the document and the receipt (if any) of the consideration stated in it :
Execution admitted and recent of consideration acknowledged (if
so) by AB..............(profession) son fo............(caste................) resident of
mauza.................. pargana ....................zila......................, who is
personally known to the registering officer.
Signature of AB
Government Notification No. 1144/VII-15, dated the 20th August,
(2) When the person purporting to have executed the document is not
personally known to the registering officer, but admits the executed
of the document and the receipt (if any) of the consideration stated
in it :
(I) "Executed admitted and receipt of consideration
acknowledged (if so) by AB..............(profession), son
of....................,caste, resident of mauza..................,
(II) The said AB indented by CD..............(profession) son
of........................and by EF.................(profession) son
of.....................caste ...................,resident of
(III) The witnesses, of either of them (as the case may be) being
personally known to the registering officer, the thumb
impression of impressions of such person or persons should
be taken and underneath should immediately be written :
"The above impression is/impressions are the
impression/impressions of CD and EF is/are of apparent
respectability, has/have been duty taken.
(3) When the person admitting execution is a thumb agent of the executant,
this should be stated along with his name and addition. If the agent is
acting under a duty authenticated power-of-attorney, particulars thereof
should be stated, e. g, dated of authentication and officer at which
(4) A note is to be added to the endorsement whenever-
(a) Payment of money or delivery of goods is made before
the registering officer ;
(b) receipt of consideration, in whole or part is admitted. The
amount to be stated in (a) and (b) ;
(c) receipt of consideration, in whole or part, is denied ;
(d)execution is admitted, but the admitter refuses to sign the
(5) When the executant is dead :
Execution by (executant) deceased, admitted by........................(name and
addition), who is personally known to the registering officer (or is
identified by.....................and......................,these witnesses being
personally known to the registering officer).
Date..................., Signature of Registering
(6) When the document is one executed by any of the officer mentioned in
Section 88 :
"Having satisfied myself that this document was executed by AB
official trustee (or as the case may be), in his official
capacity, his attendance and signature are dispensed with,
and this document is admitted to
Date.................., Signature of Registering
(7) When the document is one executed by a pardanashin laby [Rule
" The terms of the document have been read out and explained to
Musammat AB wife, widow, or if unmarried, daughter of
CD............profession, son of..............caste..............resident of
She admitted execution and acknowledge receipt of consideration (if so)
with he own lips. The said musammat AB is identified by inspection
behind the pardah by EF..............(profession), son
her.......................(relationship to be stated) and by GH (profession), son
her.......................(relationship to be stated).
These witnesses for either of them(as the case may be) being personally
known to the registering officer".
In the case of either or both the witnesses being not personally known the
registering officer substitute in respect of such witness or witnesses for the
last sentence above: "The thumb-impressions of EF, GH who is/are of
apparent respectability have been duty taken".
Signature of Registering Officer
Note: Pardanashin ladies should, ordinarily, be identified by relatives. If
relatives are not available identification may be made by secants or other
persons who are admitted behind the pardah.
C- Forms of endorsements for authenticating powers-of-attorney under
(1) When the principal attends at the registration officer :
"This power-of-attorney has been executed before me...by(name
and addition), who is a resident of may district (or sub-district), and
is personally known to me or is identified by............who is
personally known to me, or about whose identify. I have satisfied
myself and I accordingly authenticate in under Section 33 of the
Indian Registration Act, XVI of 1908, and record it as NO..............of
19..............,on page...........valume....................of book VI."
Date.................., Signature of Registering
(2) When the registering officer visits the principal at his
residence or jail :
" I have satisfied myself by personal visit that this power-ofattorney
has been voluntarily executed by.....etc ," as before.
(3) When a commission is issued to obtain evidence ads to the
voluntary nature of the execution :
"I have satisfied myself though (name), to whom a commission
was issued for the purpose, that this power-of-attorney was
voluntarily executed by (name and addition), who is a resident of my
district (or sub-district), and I accordingly authenticate in under
Section 33 of the Indian Registration Act, Xvi of 1908, and record it
as No.............of ...............19................,on
page...............volume...............of book VI."
Date.................., Signature of Registering
D- Form of endorsement ofter return of a commission issued under
Section 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
Date.................., Signature of Registering
E- Forms of endorsements to be recorded on wills in deposit, the sealed
covers if which have been opened under Section 45 of 46.
(1) When the will is removed into court under Section 46-
"Opened and removed into the court of............pursuant to order,
Date.................., Signature of Registering
F-From of endorsement to be recorded under Section 60 on every
document registered including will have been opened and copied into book
No. III under Section 145 and 46m copies and memoranda received under
the provisions of Section 64 to 67 and the documents referred to in Rules
(1) "Registered as No....................in book No................volume
.................on page (or pages)...........this............day of.................."
Signature of Registering Officer
Note:- Endorsement under Section 60 is not required on power-of-attorney
G- From of endorsement as to figures and amount entered in document
to be recorded on every document registered under the final endorsement
"In the tenth the word 'biswas' and in the fifteenth line the word 'one
thousand rupees' (according to circum stance) occur."
Signature of Registering Officer
H- Forms of endorsement to be recorded on document ordered to be
registered under Section 75 to 77.
Draft of Forms in question is given below :
(1) Execution and payment of consideration (if any) proved in case
No.........of............19 and registration ordered by the District Registrar of
the Munsif or the Civil Judge of dated...................... I astoundingly admit
the deed to registration under Section 72, 75 77, Act XVI of 1008.
Where executant appears under Section 75 (2) the above form should be
Execution proved in case No................ of...............19.................
dated.................... before the District Registrar (of the Munsif of Civil
Judge) of.................. and receipt of consideration acknowledged (if so)
by residence............ who appeared before me under Section 75 (c) and
who is known to me of [as in the case of Form B (2),
paragraph 3), accordingly admit the deed of registration under Section 72,
75 or 77, Act XVI of 1908.
1- Form when a will or authority to adopt is admitted to
registration after the death of a testator or donor the endorsement should
"Admitted to registration under S. 41 (2). Registration: Act, on my
being satisfied (1) that this will or authority was executed by the testator
or donor; (2) that. the said.testator or donor is dead , and .(3)
that................. son of.............., the presenter is entitled to present it under
S.40 of the Act.
385. District Registrar's inspections. By Section 68 of the lndian
Registration Act the District Registrar of the district is invested with and
control over Sub-Registrar god to enable him to exercised such supervision
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 1 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
or, four days at a lime under Rule 385, District 'Registrars should give
fiften13 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-
(1)Whether the books have been neatly and cleanly kept, all the
entries numbered consecutively, and properly authenticated by
the registering officer, and all corrections verified by this
initials. Area the registers firmly bound and in good conditions?
(2)Whether all the documents registered were duly stamped.
(3)Whether the documents had been copied into their proper
register books, and whether the registering officer had
(4)Whether the document was brought within time and was
presented by a person entitled to do so, and whether the
endorsement of presentation prescribed in Section 52 of the Act
was correctly recorded.
(5)Whether the executant admitted execution and had been
properly identified, and whether the endorsement-.recording
such admission and identification as well as any payment of
money or delivery of goods, or admission of receipt of
consideration in whole or in part made in the registering
officer's presence, prescribed in Section 58, had been properly
(6)Whether the certificate of registration prescribed in Section-60
correctly describes the, registration: number book, volume, and
page of the register, and is duly dated.
(7) In cases of refusal to register, whether the reasons of such
refusal have been clearly recorded in book No. 11 and are
(8)Whether copies and memoranda received for registration from
other offices are duly filed in the file book No. 1, and are
(9)Whether the descriptions entered in book No. VI of powers-ofattorney
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 powerof-
attorney was executed before the Sub-Registrar.
(10) Whether the proper fees have been levied in each case and are
entries in the registers, cheque-book, fees-book and dakhila,
made in English as well as or instead of vernacular figures,
and do all agree.
(11) Register No. VII, showing visits and commissions, should
also be scrutinized. Does the Sub-Registrar' go himself? Is
distance correctly shown and proper travelling allowance
388. When the District Registrar examines an office in situ he
should also see(
1) the office accommodation
(2) the almirahs whether in good order with locks and whether they are
sufficient: he should also examine the Condition of the registers and
(3)whether the miscellaneous papers are properly classified and kept in
order and with method.
(4)whether weeding has been punctually and properly done;
(5)whether the indents are correctly prepared and the stock of blank
forms neither excessive nor deficient;
(6) whether the staff is maintaining its efficiency-keeping proper hours
and conducting the business of the office With punctuality, accuracy
(7)whether the Sub-Registrar or clerk's carry on any other business, such
as that of document writting, stamp-vending, petition, writing etc.
389. Examination of indexes and subsidiary books. Besides the
Registrars, the indexes and other subsidiary books and records will
require attention. The chief points to be looked to are
Whether the current indexes are' Clearly Written and brought up to A few
index entries here and there should be tested to ace date that they have
been correctly prepared. It should also be seen that the indexes of pas
years have been properly bound.
(2) As to the fees book. whether the entries correspond with the registers,
and whether the daily collection are promptly paid into the treasury.
(3) The receipt book should be examined to see whether the procedure
prescribed in Rules 284-349 has been carried out, and Whether there has
been any undue delay in returning documents after registration. Enquiry
should also -he made as to whether any documents remained undelivered
at time of inspection, and the reason thereof.,
(4) The minute book, order file and the miscellaneous records prescribed
in Rules 279 to 283 should also be inspected.
390. It must be clearly understood that the appointment of Inspectors does
not relieve District Registrars of the duty of inspecting registration offices
under the instructions contained in Rules 385 to 389.
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