3/11/22, 8:21 PM REGISTRATION ACT, 1908

  
  

REGISTRATION ACT, 1908

Section 44 - Withdrawal of sealed cover deposited under section 42

If the testator who has deposited such cover wishes to withdraw it, he may apply, either personally or by
duly authorized agent, to the Registrar who holds it in deposit, and such Registrar, if satisfied that the
applicant is actually the testator or his agent, shall deliver the cover accordingly.

Section 45 - Proceedings on death of depositor

(1) If, on the death of a testator who has deposited a sealed cover under section 42, application be
made to the Registrar who holds it in deposit to open the same, and if the Registrar is satisfied
that the testator is dead, he shall, in the applicant's presence, open the cover, and, at the
applicant's expense, cause the contents thereof to be copied into his Book No. 3.

(2) When such copy has been made, the Registrar shall re-deposit the original will.

[STATE AMENDMENTS

GOA:

1[In section 45,--

(a) in sub-section (1), for the words, letters and figure "cause the contents thereof
to be copied into his Book No. 3", the words, letters and figure "cause a true copy of
the contents thereof to be made and filed in his Book No. 3" shall be substituted;

(b) in sub-section (2), for the words "copy has been made", the words "true copy
has been filed" shall be substituted.

KARNATAKA:

2[Amendments to section 45 are the same as in Kerala.

7[In Section 45

(a) in sub-section (1), for the words, letters and figure "cause the contents thereof
to be copied into his Book No.3", the words, letters and figure "cause a true copy of
the contents thereof to be made and filled in his Book No. 3" shall be substituted;

(b) in sub-section (2) for the words "copy has been made", the words "true copy
has been filed" shall be substituted.]

KERALA:

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

3[In section 45,--

(i) in sub-section (1), for the words "cause the contents thereof to be copied into his
Book No. 3", substitute the words "cause a true copy of the contents thereof to be
made and filed in his Book No. 3";

(ii) in sub-section (2), for the words "copy has been made", substitute the words
"true copy has been filed".]

8[In Section 45

(a) in sub-section (1), for the words, letters and figure "cause the contents thereof
to be copied into his Book No. 3", the words, letters and figure "cause a true copy of
the contents thereof to be made and filed in his Book No. 3" shall be substituted;

(b) in sub-section (2), for the words "copy has been made", the word "true copy has
been filed" shall be substituted.]

ORISSA:

4[Amendments to section 45 are the same as in Kerala.

PONDICHERRY:

5[Section 52(5) of the Act as amended in Pondicherry gives powers to the State
Government to specify classes of documents with reference to which certain other sections
shall have modified application, section 45 is one of them:

"In section 45, in sub-section (1), for the words "cause the contents thereof to be
copied into his Book No. 3", words "cause a true copy thereof to be made and filed
in his Book No. 3", shall be substituted; and in sub-section (2) for the words "copy
has been made", words "true copy has been filed" shall be substituted. 

TRIPURA:

6[Amendments to section 45 are the same as in Kerala.

TAMIL NADU AND WEST BENGAL:

For modification of section 45, see Schedule to Act as inserted by Tamil Nadu Act 21 of
1966 and West Bengal Act 17 of 1978.

1. Vide Goa Act 24 of 1985, section 3 (w.e.f. 5-12-1985). 

2. Vide Karnataka Act 55 of 1976, section 4 (w.e.f. 24-10-1976).

3. Vide Kerala Act 7 of 1963, section 5 (w.e.f. 22-2-1968).

4. Vide Orissa Act 14 of 1989, section 4 (w.e.f. 19-9-1989).

5. Vide Pondicherry Act 17 of 1970, Schedule Item (1) (w.e.f. 1-11-1970).

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

6. Vide Tripura Act 7 of 1982, section 4 (w.e.f. 1-1-1983).

7. Inserted by
Registration (Karnataka Amendment) Act,
1976.

8. Substituted by
Indian Registration (Kerala Amendment) Act, 1968.

Section 46 - Saving of certain enactments and powers of Courts

(1) Nothing hereinbefore contained shall affect the provisions of section 259 of the Indian
Succession Act, 1865, or of section 81 of the Probate and Administration Act, 1881, or the power
of any Court by order to compel the production of any will.

(2) When any such order is made, the Registrar shall, unless the will has been already copied
under section 45, open the cover and cause the will to be copied into his Book No. 3 and make a
note on such copy that the original has been removed into Court in pursuance of the order
aforesaid.

STATE AMENDMENTS

GOA:

1[In section 46,--

(a) for the words "unless the will has been already copied", the words "unless a true
copy of the will has already been filed" shall be substituted;

(b) for the words, letters and figure "cause the will to be copied into his Book No.
3", the words, letters and figure "cause a true copy of the will to be made and filed
in his Book No. 3" shall be substituted.

KARNATAKA:

2[Amendments to section 46 are the same as in Kerala.

7[In Section 46

(a) for the words "unless the will has been already copied", the words "unless a true
copy of the will has already been filled" shall be substituted;

(b) for the words, letters and figure "cause the will to be copied into his Book No.3",
the words, letters and figure "cause a true copy of the will to be made and filed in
his Book No. 3" shall be substituted.]

KERALA

3[In section 46, in sub-section (2),--

(a) for the words "unless the will has been already copied", substitute the words
"unless a true copy of the will has already been filed"; and

(b) for the words "cause the will to be copied into Book No. 3", substitute the words
"cause a true copy of the will to be made and filed in his Book No. 3".]

8[In Section 46

(a) for the words "unless the will has been already copied", the words "unless a true
copy of the will has already been filed" shall be substituted;

(b) for the words, letters and figure "cause the will to be copied into his Book No. 3
",the words, letters and figure "cause a true copy of the will to be made and filed in
his Book No. 3" shall be substituted.]

ORISSA:

4[Amendments to section 46 are the same as in Kerala.

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

PONDICHERRY:

5[With reference to documents specified by rules made under sub-section (3) of section 52
as obtaining in Kerala, section 46 shall stand modified as follows:--

In sub-section (2) of section 46, for the words "unless the will has been already
copied" and the words "cause the will to be copied into his Book No. 3", words
"unless the true copy of the will has already been filed" and "cause a true copy to be
made and filed in his Book No. 3" shall respectively be substituted.

TRIPURA:

6[Amendments are the same as in Kerala, except that for the word "filed", the word
"pasted" has been used.

TAMIL NADU AND WEST BENGAL:

For modification of section 46, see Schedule as inserted by Tamil Nadu Act 21 of 1966 and
West Bengal Act 17 of 1978.

1. Vide Goa Act 24 of 1985, section  4 (w.e.f. 5-12-1985).

2. Vide Karnataka Act 55 of 1976, section 5 (w.e.f. 24-10-1976).

3. Vide Kerala Act 7 of 1968, section 6 (w.e.f. 22-2-1968).

4. Vide Orissa Act 14 of 1989, section 5 (w.e.f. 19-9-1989).

5. Vide Pondicherry Act 17 of 1970, Schedule Item 2 (w.e.f. 1-11-1970).

6. Vide Tripura Act 7 of 1982, section 5 (w.e.f. 1-1-1983).

7. Substituted by
Registration (Karnataka Amendment) Act,
1976.

8. Substituted by
Indian Registration (Kerala Amendment) Act, 1968.

Section 47 - Time from which registered document operates

A registered document shall operate from the time which it would have commenced to operate if no
registration thereof had been required or made, and not from the time of its registration.

Section 48 - Registered documents relating to property when to take effect against oral
agreements

All non-testamentary documents duly registered under this Act, and relating to any property,
whether movable or immovable, shall take effect against any order agreement or declaration
relating to such property, unless where the agreement or declaration has been accompanied or
followed by delivery of possession 1[and the same constitutes a valid transfer under any law for
the time being in force:

Provided that a mortgage by deposit of title-deeds as defined in section 58 of the Transfer of

Property Act, 1882 (4 of 1882), shall take effect against any mortgage-deed subsequently
executed and registered which relates to the same property.]

_______________________________

1. Added by Act 21 of 1929, section 10.

Section 49 - Effect of non-registration of documents required to be registered

No document required by section 17 1[or by any provision of the Transfer of Property Act, 1882 (4
of 1882)], to be registered shall--

(a) affect any immovable property comprised therein, or

(b) confer any power to adopt, or

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(c) be received as evidence of any transaction affecting such property or conferring such
power,

unless it has been registered:

1[Provided that an unregistered document affecting immovable property and required by

this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received
as evidence of a contract in a suit for specific performance under Chapter II of the Specific
Relief Act, 1877 (3 of 1877)2, 3[***] or as evidence of any collateral transaction not
required to be effected by registered instrument.]

STATE AMENDMENT

4Uttar Pradesh:

In section 49,--

(i) in the first paragraph, after the words "or by any provision of the Transfer of
Property Act, 1882" insert the words "or of any other law for the time being in
force",

(ii) substitute clause (b) as under:

"(b) confer any power or create any right or relationship, or",

(iii) in clause (c), after the words "such power", insert the words "or creating such
right or relationship",

(iv) in the proviso, omit the words "as evidence of a contract in a suit for specific
performance under Chapter II of the Specific Relief Act, 1877, or".

_______________________________

1. Added by Act 21 of 1929, section 10.

2. Now see the Specific Relief Act, 1963 (47 of 1963).

3. Certain words omitted by Act 48 of 2001, section 6 (w.e.f. 24-9-2001).

4. Vide Uttar Pradesh Act 57 of 1976, section 34 (w.e.f. 1-1-1977).

Section 50 - Certain registered documents relating to land to take effect against unregistered
documents

(1) Every document of the kinds mentioned in clauses (a), (b), (c), and (d) of section 17, sub-
section (1), and clauses (a) and (b) of section 18, shall, if duly registered, take effect as regards
the property comprised therein, against every unregistered document relating to the same
property, and not being a decree or order, whether such unregistered document be of the same
nature as the registered document or not.

(2) Nothing in sub-section (1) applies to leases exempted under the proviso to sub-section (1) of
section 17 or to any document mentioned in sub-section (2) of the same section, or to any
registered document which had not priority under the law in force at the commencement of this
Act.

Explanation.-- In cases, where Act No. 16 of 1864 or the Indian Registration Act, 1866 (20 of
1866), was in force in the place and at the time in and at which such unregistered document was
executed, "unregistered" means not registered according to such Act, and, where the document is
executed after the first day of July, 1871, not registered under the Indian Registration Act, 1871 (8
of 1971), or the Indian Registration Act, 1877 (3 of 1977), or this Act.

[STATE AMENDMENTS

1[Andhra Pradesh:

In section 50, in sub-section (1), for the expression "clauses (a), (b), (c) and (d) of section 17",
the expression "clauses (a), (b), (c), (d), (e), (f) and (g) of section 17" shall be substituted.

2[ondicherry:

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

For Explanation to section 50, substitute the following, namely:--

"Explanation.--"Unregistered" means not registered according to any law in force before the
9th day of January, 1969 or this Act."

3[Uttar Pradesh:

In section 50,--

(i) in sub-section (1) after the words, figures and letters "and clauses (a) and (b) of section
18", insert the words "as these clauses stood before their omission by the Uttar Pradesh
Civil Laws (Reforms and Amendment) Act, 1976",

(ii) in sub-section (2), after the words and figures "proviso to sub-section (1) of section
17", insert the words and figures "as the proviso stood before its omission by the Uttar
Pradesh Civil Laws (Reforms and Amendment) Act, 1976".]

[Tamil Nadu

4[In Section 50

In sub-section (1), for the expression "clauses (a), (b), (c) and (d) of section 17", the
expression "clauses (a), (b), (c), (d), (f), (g), (h) and (i) of section 17" shall be
substituted.]

1. Vide Andhra Pradesh Act 4 of 1999, section 6 (w.e.f. 1-4-1999).

2. Vide Pondicherry Act 17 of 1970, section 3 (w.e.f. 1-11-1970).

3. Vide Uttar Pradesh Act 19 of 1981, section 9 (w.r.e.f. 1-8-1981).

4. Substituted by Registration (Tamil Nadu Amendment) Act, 2012 (Act 29 of 2012).

Section 51 - Register-books to be kept in the several offices

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

A--In all registration offices--

Book 1, "Register of non-testamentary documents relating to immovable property".

Book 2, "Record of reasons for refusal to register".

Book 3, "Register of wills and authorities to adopt", and

Book 4, "Miscellaneous Register".

B--In the offices of Registrars--

Book 5, "Register of deposits of wills".

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

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

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

[STATE AMENDMENTS

ANDHRA PRADESH:

1[In section 51, in sub-section (1), for the words "The following books", the words "The
following books and the information storage devices as specified in sub-section (1) of
section 16" shall be substituted.

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

BIHAR:

2[To section 51 the following new sub-section shall be added, namely:--

"(5)        (a) If, in the opinion of the Registrar, any of the books mentioned in sub-
section (1) is in danger of being destroyed or becoming illegible wholly or partially,
the Registrar may, by a written order, direct such book or such portion thereof as he
thinks fit to be recopied and authenticated in such manner as may be prescribed
under section 69, and the copy so prepared and authenticated shall, for the
purposes of this Act, and of the Indian Evidence Act, 1872, be deemed to have
taken the place of, and to be, the original book or portion, and all references in this
Act to the original book or portion shall be deemed to be references to the book or
portion prepared and authenticated as aforesaid.

(b) Notwithstanding anything contained in this Act, copies of any of the

books mentioned in sub-section (1) or any portion of such book prepared
and authenticated before the commencement of the Indian Registration
(Bihar Amendment) Act, 1947, in pursuance of an order of the Registrar or
the Inspector-General shall, for the purposes of this Act, and of the Indian
Evidence Act, 1872, be deemed to have taken the place of, and to be, the
original book or portion, and all references in this Act to the original book or
portion shall be deemed to be references to the book or portion so prepared
and authenticated."

GOA:

3[In section 51,--

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

"(2) In Book I shall be filed--

(i) true copies of all documents, and

(ii) all memoranda,

registered under sections 17, 18 and 39 which relate to immovable property, and
are not wills.";

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

GUJARAT:

4[Same as those of Maharashtra.

KARNATAKA:

5[Amendments to section 51(2) and (3) are the same as in Kerala. Insert sub-section (5)
as under:

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

14[In Section 51

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

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

(i) true copies of all documents; and

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(ii) all memoranda registered under sections 17, 18 and 89 which

relate to immovable property, and are not wills.";

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

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

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

15[In Section 51

The following sub-section shall be inserted, namely:-

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

KERALA:

6[In section 51,--

(i) for sub-section (2), substitute the following:--

"(2) In Book 1 shall be filed--

(i) true copies of all documents; and

(ii) all memoranda,

registered under sections 17, 18 and 89, which relate to immovable

property and are not wills.";

(iii) in sub-section (3), for the words "entered all documents",

substitute the words "filed true copies of all documents".]

16[In Section 51

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

"(2) In Book I shall be filled-

(i) true copies of all documents; and

(ii) all memoranda,

registered under sections 17, 18 and 89 which relate to immovable property

and are not wills";

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

MAHARASHTRA:

7[8[9[In section 51,--

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(i) in sub-section (2), after the figures "89", the words and figures "sub-sections (2)
and (4)" were inserted.

(ii) after sub-section (4), add the following new sub-section, namely:--

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

[Note.--Section 8 of the Bombay Act 25 of 1938 runs as follows:

"8. Validity of copies made prior to enactment of this Act.--Notwithstanding

anything contained in the said Act (i.e. the Indian Registration Act), copies of
any of the books mentioned in sub-section (1) of section 51 of the said Act
or any portion of such book, prepared before the enactment of this Act and
authenticated in pursuance of the order of the Registrar or Inspector-General
shall for the purposes of the said Act be deemed to have taken the place of
and to be the original book or portion; and all references in the said Act to
the original book or portion shall be deemed to be references to the book or
portion so prepared and authenticated".]

(iii) in sub-section (2), for the words "18 and 89, sub-sections (2) and (4)",
substitute the words "and 18 and section 89 except sub-sections (1) and (3)
thereof".

ORISSA:

10[In its application to the State of Orissa, in section 51,--

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

"(2) In Book 1 shall be filed--

(i) true copies of all documents, and

(ii) all memoranda,

registered under sections 17, 18 and 89, which relate to immovable

property, and are not wills";

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

(c) after sub-section (4), insert the following new sub-sections, namely,--

"(5) If, in the opinion of the Registrar, any of the books mentioned in
subsection (1) is in danger of being destroyed or becoming illegible wholly or
partially, the Registrar may, by a written order, direct such book or such
portion thereof as he thinks fit to be recopied and authenticated in such
manner as may be prescribed under section 69 and the copy so prepared
and authenticated under such direction shall, for the purpose of this Act, and
of the Evidence Act, 1872, be deemed to have taken the place of, and to be,
the original book or portion, as the case may be, and all references in this
Act to the original book or portion shall be deemed to be references to the
book or portion so prepared and authenticated.

(6) Notwithstanding anything contained in this Act, copies of any of the

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

11[With reference to the documents specified in the rules made under section 52(3) as
obtaining in Pondicherry, section 51 shall stand modified as follows:--

Modifications are the same as in Kerala (i) and (ii).

TRIPURA:

12[In section 51,--

(i) substitute sub-section (2) as under--

"(2) In Book 1 shall be:

(i) pasted true copies of all documents, and

(ii) filed all memoranda,

registered under sections 17, 18 and 89 which relate to immovable property

and are not wills."

(ii) in sub-section (3) for the word "entered", substitute the words "pasted true
copies of".

UTTAR PRADESH:

13[After sub-section (4) of section 51, insert sub-section (5) as under--

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

TAMIL NADU AND WEST BENGAL:

For modification in section 51, see Schedule as inserted by Tamil Nadu Act 21 of 1966 and
West Bengal Act 17 of 1978.

TAMIL NADU:

19[In section 51 of the principal Act, in sub-section (1),--

(1) for the expression "The following books", the expression "The following books
and the information storage devices" shall be substituted;

(2) The following shall be added at the end, namely:--

"C--In the office of the Registering Officer notified by the State Government
under sub-section (1) of section 70-B--

Information storage devices as specified in sub-section (2-A) of

section 16.]

PUDUCHERRY

17[In Section 51

The words "The following books", the words "The following books and the
information storage devices as specified in sub-section (1) of the section 16" shall
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be substituted.]

UTTARAKHAND

18[In Section 51

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

"(2) In Book 1, shall be filed true copies of all documents or memoranda

registered under sections 17, 18 and 89 which relate to immovable property,
and are not wills;

Provided that where Book is in electronic form, all documents, other

than wills, registered under aforesaid sections or true copies thereof,
as the case may be, or memoranda shall be scanned in it and a
printout, thereof shall be kept permanently in Book 1,

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

Provided that where Book is in electronic form, all documents

registered under the aforesaid clauses or their true copies, as the
case may be, shall be scanned in it and a printout thereof shall be
kept permanently in Book 4.

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

1. Vide Andhra Pradesh Act 16 of 1999, section 4 (w.e.f. 31-12-1998).

2. Vide Bihar Act 14 of 1947, section 2 (w.e.f. 21-4-1947).

3. Vide Goa Act 24 of 1985, section 5 (w.e.f. 5-12-1985).

4. Vide Act 11 of 1960, section 87 and Gujarat A.L.O. 1960.

5. Vide Karnataka Act 41 of 1984, section 2 (w.e.f. 7-11-1986); Karnataka Act 55 of 1976, section 6 (w.e.f. 24-10-1976).

6. Vide Kerala Act 7 of 1968, section 7 (w.e.f. 22-2-1968).

7. Vide Bombay Act 5 of 1929, section 7 (w.e.f. 22-5-1929) read with Act 35 of 1958, section 2 (w.e.f. 28-4-1958).

8. Vide Bombay Act 24 of 1938, section 3 (w.e.f. 8-2-1939) read with Act 35 of 1958, section 2 (w.e.f. 28-4-1958).

9. Vide Maharashtra Act 20 of 1971, section 58(c) (w.e.f. 15-6-1972).

10. Vide Orissa Act 14 of 1989, section 6 (w.e.f. 19-9-1989).

11. Vide Pondicherry Act 17 of 1970, section 3 (w.e.f. 1-11-1970).

12. Vide Tripura Act 7 of 1982, section 6 (w.e.f. 1-1-1983).

13. Vide Uttar Pradesh Act 19 of 1981, section 10 (w.r.e.f. 1-8-1981).

14. Sub-section (2), (3) shall be Substituted and sub-section (5) shall be Inserted by Registration (Karnataka Amendment) Act,
1976.

15. Inserted by Registration (Karnataka Amendment) Act, 1984.

16. Substituted by Indian Registration (Kerala Amendment) Act, 1968.

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3/11/22, 8:21 PM REGISTRATION ACT, 1908
17. Substituted by Registration (Puducherry Amendment) Act, 2004.

18. Substituted by Indian Registration (Uttarakhand Amendment) Act, 2011.

19. Inserted by the Registration (Tamil Nadu Second Amendment) Act, 2000.

Section 52 - Duties of registering officers when document presented

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

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

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

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

[STATE AMENDMENTS

BIHAR:

2[In section 52,--

(i) in clause (a), after the words "every such documents" the words "along with
duplicate copy thereof" shall be inserted.

(ii) for clause (c), the following shall be substituted:--

"(c) subject to the provisions contained in section 62, every duplicate copy
shall, without unnecessary delay, be verified from the document admitted for
registration and be placed in proper book for being bound separately in the
appropriate book for the document admitted to registration or according to
the order of admission."]

15[In Section 52

(i) in clause (a), after the words "every such documents" the words "along with
duplicate copy thereof" shall be inserted;

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

"(c) subject to the provisions contained in section 62 every duplicate copy

shall, without Unnecessary delay be verified from the document admitted to
registration and be placed in proper book for being bound separately in the
appropriate book for the document admitted to registration according to the
order of admission."]

DELHI:

3[Same as in Punjab.

GOA:

4[Section 52(1)(c) be substituted as under:

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

HIMACHAL PRADESH:

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

5[Same as in Punjab

16[In section 52

The following clause shall be substituted, namely:--

"(c) subject to the provisions contained in Section 62, a copy of every

document admitted to registration shall, without un-necessary delay, be
pasted in the book appropriated therefor according to the order of admission
of the document."]

KARNATAKA:

6[Amendments to section 52 are the same as in Kerala.

17[In Section 52

The following clause shall be substituted, namely:-

"(c) subject to the provisions contained in section 62 where a document is

admitted to registration, a true copy thereof shall, without unnecessary
delay, be filed in the appropriate book according to the order of its
admission".]

KERALA:

7[For clause (c) of sub-section (1), substitute the following namely:--

"(c) subject to provisions contained in section 62, where a document is admitted to

registration, a true copy thereof shall, without unnecessary delay, be filed in the
appropriate book according to the order of its admission."]

18[In Section 52

The following clause shall be substituted, namely:-

"(c) subject to the provisions contained in section 62, where a document is

admitted to registration, a true copy thereof shall, without unnecessary
delay, be filed in the appropriate book according to the order of its
admission.'']

MAHARASHTRA AND GUJARAT:

For modification of section 52(1)(c), see sub-section (3) of section 70D in Part XIA inserted
in the main Act by the Indian Registration (Bombay Amendment) Act, 1930 (17 of 1930)
(w.e.f. 4-9-1930) and Act 11 of 1960, section  87.

ORISSA:

8[Amendments are same as in Kerala.

PONDICHERRY:

9[(a) In section 52, in sub-section (1),--

(i) in clause (a), word "and" shall be added at the end; and

(ii) the word "and" at the end of clause (b) and clause (c) shall be omitted.

(b) After sub-section (1), insert the following sub-sections, namely:--

"(1A) Subject to the provisions contained in section 62, where any document, not
being of the class specified in the rules made under sub-section (3), is admitted to
registration, it shall, without unnecessary delay, be copied in the appropriate book
according to the order of its admission.

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(1B) Subject to the provisions contained in section 62 and the rules made under
sub-sections (3) and (4) and under section 89A, where any document of the class
specified in the rules made under sub-section (3) is admitted to registration a true
copy thereof shall, without unnecessary delay, be filed in the appropriate book
according to the order of its admission."

(c) After sub-section (2), add the following sub-sections, namely:--

"(3) The State Government may, from time to time, specify by rules the classes of
documents in respect of which true copies shall be filed in the appropriate book
under sub-section (1B).

(4) The true copy referred to in sub-section (1B) shall be neatly handwritten,
printed, typewritten, lithographed or otherwise prepared in accordance with such
rules as may be made in this behalf, and where such copy is handwritten, it shall be
prepared by a scribe who shall be licensed for this purpose by the State Government
on payment of such fees as may be prescribed.

(5) The provisions of this Act shall, in their application to the classes of documents
specified in the rules under sub-section (3), have effect, subject to the modifications
set out in the Schedule."

PUNJAB, HARYANA AND CHANDIGARH:

10[For clause (c) of sub-section (1) of section 52, substitute the following, namely:--

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

20[In Section 52

The following shall be substituted, namely ;-

"(c) subject to the provisions contained in Section 62, a copy of every

document admitted to registration shall without unnecessary delay be pasted
in the book appropriated therefor according to the order of admission of the
document.".]

RAJASTHAN:

11[In section 52(1) substitute clause (c) as under:

"(c) Subject to the provisions contained in section 62, a true or photostat copy of
every document admitted to registration shall, without unnecessary delay, be
pasted in the book appropriated therefore according to the order of its admission."

TAMIL NADU:

12[Same as in Pondicherry.

TRIPURA:

13[In section 52(1), clause (c) be substituted as under:

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

UTTAR PRADESH:

In section 52(1)(c) an Explanation was inserted by Uttar Pradesh Act 14 of 1971, section  3
(w.e.f. 25-5-1971). The Explanation is now omitted by Uttar Pradesh Act 19 of 1981,
section  11 (w.r.e.f. 1-8-1981).

21[In Section 52

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

In sub-section (1) after clause (c), the following Explanation shall be inserted,
namely:

"Explanation--Copying of the document in the said book includes the pasting

of its copy in the book."]

WEST BENGAL:

14[In section 52(1),--

(i) in clause (a) add the word "and" at the end,

(ii) omit the word "and" in clause (b), and omit clause (c),

(iii) after sub-section (1), insert as under--

"(1A) Subject to the provisions contained in section 62, where any

document, not being of the class specified in the rules made under sub-
section (3), is admitted to registration, it shall, without unnecessary delay,
be copied in the appropriate book according to the order of its admission.

(1B) Subject to the provisions contained in section 62 and in the rules made
under sub-sections (3) and (4) and under section 89A, where any document
of the class specified in the rules made under sub-section (3) is admitted to
registration, a true copy thereof shall, without unnecessary delay, filed in the
appropriate book according to the order of its admission."

(iv) after sub-section (2), add as under:--

"(3) The State Government may, from time to time, specify by rules the
classes of documents, in respect of which true copies shall be filed in the
appropriate book under sub-section (1B).

(4) The true copy referred to in sub-section (1B), shall be neatly

handwritten, printed, typewritten, lithographed or otherwise prepared in
accordance with such rules as may be made in this behalf.

(5) The provisions of this Act shall, in their application to the classes of
documents specified in the rules made under sub-section (3), have effect
subject to the modifications set out in the Schedule."]

UTTARAKHAND

19[In Section 52

In sub-section (1) of section 52 of the Principal Act -

(1) in sub-section (1) -

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

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

"(b) a receipt for such document shall be given by the registering

officer to the person presenting the same."

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

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

2. Vide Bihar Ordinance 7 of 1997, section 3 (w.e.f. 11-8-1997).

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

3. Vide G.S.R. 465 of 1965, Gazette of India, 1965, Pt. II, section 3(i), p. 499 (w.e.f. 1-11-1966).

4. Vide Goa Act 24 of 1985, section 6 (w.e.f. 5-12-1985).

5. Vide Himachal Pradesh Act 2 of 1969, section 5 (w.e.f. 1-4-1969).

6. Vide Karnataka Act 55 of 1976, section 7 (w.e.f. 24-10-1976).

7. Vide Kerala Act 7 of 1968, section 8 (w.e.f. 22-2-1968).

8. Vide Orissa Act 14 of 1989, section 7 (w.e.f. 19-9-1989).

9. Vide Pondicherry Act 17 of 1970, section 4 (w.e.f. 1-11-1970).

10. Vide Punjab Act 19 of 1961, section 4 (w.e.f. 4-5-1961): Act 31 of 1966, section 89 (w.e.f. 1-11-1966).

11. Vide Rajasthan Act 11 of 1982, section 5 (w.e.f. 16-7-1982).

12. Vide Tamil Nadu Act 21 of 1966, section 2 (w.e.f. 1-4-1967).

13. Vide Tripura Act 7 of 1982, section 7 (w.e.f. 1-1-1983).

14. Vide West Bengal Act 17 of 1978, section 3 (w.e.f. 1-1-1983).

15. clause (a) shall be Inserted and clause (c) shall be Substituted by Registration (Bihar Amendment) Act, 1998.

16. Substituted by Indian Registration (Himachal Pradesh Amendment) Act, 1968.

17. Substituted by Registration (Karnataka Amendment) Act, 1976.

18. Substituted by Indian Registration (Kerala Amendment) Act, 1968.

19. Sub-section (1) shall be Substituted and Sub-section (2) shall be Omitted by Indian Registration (Uttarakhand Amendment)

Act, 2011.

20. Substituted by Indian Registration (Punjab Amendment) Act, 1961 (punjab).

21. Inserted by Registration (Uttar Pradesh Amendment) Act, 1970 (Act 14 of 1971).

Section 53 - Entries to be numbered consecutively

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

[STATE AMENDMENTS

Maharashtra and Gujarat:

For modification of section 53, see sub-section (3) of section 70D in Part XIA inserted in the main
Act by the Indian Registration (Bombay Amendment) Act, 1930 (17 of 1930) (w.e.f. 4-9-1930) and
Act 11 of 1960, section  87.

Uttar Pradesh -

2[Inits application to the State of Uttar Pradesh, in Section 53, insert the following proviso,
namely,-

"Provided that where Book is in electronic form, all entries and numbers in that Book and
the Book Maintained manually shall be identical".]
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3/11/22, 8:21 PM REGISTRATION ACT, 1908

[Uttarakhand

1[In Section 53

The following proviso shall be inserted, namely:-

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

1. Inserted  by
Indian Registration (Uttarakhand Amendment) Act, 2011.

2. Inserted by Uttar Pradesh Act 36 of 2001, section 11 (w.e.f. 20.05.2002).

Section 54 - Current indexes and entries therein

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

[STATE AMENDMENTS

BIHAR:

1[Section 54 shall be renumbered as sub-section (1) of section 54 and after the said
subsection, as so renumbered, the following sub-section shall be added:--

"(2)     (a) If, in the opinion of the Registrar, any of the indexes mentioned in sub-
section (1) is in danger of being destroyed or becoming illegible wholly or partially,
the Registrar may, by a written order, direct such index or such portion thereof as
he thinks fit to be recopied in such manner as may be prescribed under section 69,
and the copy so prepared shall, for the purposes of this Act and of the Indian
Evidence Act, 1872, be deemed to have taken the place of and to be the original
index or portion, and all references in this Act to the original index or portion shall
be deemed to be references to the index portion prepared as aforesaid.

(b) Notwithstanding anything contained in this Act, copies or any of the

indexes mentioned in sub-section (1) or any portion of such index prepared
before the commencement of the Indian Registration (Bihar Amendment)
Act, 1952, in pursuance of an order of the Registrar or the Inspector-General
shall, for the purposes of this Act, and of the Indian Evidence Act, 1872, be
deemed to have taken the place of and to be the original index or portion
and all references in this Act to the original index or portion shall be deemed
to be reference to the index or portion so prepared."

GOA:

2[Insection 54, for the words "copied or filed a memorandum of", the words "filed a true
copy or a memorandum of" shall be substituted.

GUJARAT:

3[Same as that of Maharashtra.

KARNATAKA:

4[In section 54, for the words "copied or filed a memorandum of" substitute the word "filed
a true copy or the memorandum of".

10[In Section 54

The the words "copied or filed a memorandum of", the words " filed a true copy of
the memorandum of " shall be substituted.]

KERALA:

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

5[In section 54, for the words "copied or filed a memorandum of", substitute the words
"filed a true copy or memorandum of".]

11[In Section 54

The the words "copied, or filed a memorandum of, the words "filed a true copy or
memorandum or shall be substituted.]

MAHARASHTRA:

6[Insection 54, after the word "books" where it occurs for the second time, insert the
words "and there shall also be prepared current indexes of the coments of the copies filed
under sub-sections (1) and (3) of section 89".

ORISSA:

7[Amendments are same as in West Bengal.

PONDICHERRY:

8[With reference to documents specified in rules made under section 52(3), as obtaining in
Pondicherry, section 54 shall stand modified as follows:--

For the words "copied or filed" words "filed a true copy of, or" shall stand
substituted.

TRIPURA:

9[In section 54, for the words "copied, or filed a memorandum", substitute the words
"pasted a true copy or filed a memorandum of".

TAMIL NADU AND WEST BENGAL:

For modification to sections 54 and 55, see Schedule as inserted by Tamil Nadu Act 21 of
1966 and West Bengal Act 17 of 1978.

UTTARAKHAND

12[In Section 54

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

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

1. Vide Bihar Act 24 of 1952, section  2 (w.e.f. 22-10-1952).

2. Vide Goa Act 24 of 1985, section  7 (w.e.f. 5-12-1985 ).

3. Act 11 of I960, section 87 and Gujarat A.L.O., I960.

4. Vide Karnataka Act 55 of 1976, section 8 (w.e.f. 24-10-1976).

5. Vide Kerala Act 7 of 1968, section  9 (w.e.f. 22-2-1968).

6. Vide Bombay Act 5 of 1929, section  8 (w.e.f. 22-5-1929) read with

Act 35 of 1958 (w.e.f. 24-4-1958).

7. Vide Orissa Act 14 of 1989, section  8.

8. Vide Pondicherry Act 17 of 1970, Schedule, Item 4 (w.e.f. 1-11-1970).

9. Vide Tripura Act 7 of 1982, section  8 (w.e.f. 1-1-1983).

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3/11/22, 8:21 PM REGISTRATION ACT, 1908
10. Substituted by Registration (Karnataka Amendment) Act, 1976.

11. Substituted by Indian Registration (Kerala Amendment) Act, 1968.

12. Substituted by Indian Registration (Uttarakhand Amendment) Act, 2011.

Section 55 - Indexes to be made by registering officers, and their contents

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

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

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

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

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

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

[STATE AMENDMENTS

GOA:

1[In section 55,--

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

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

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

GUJARAT:

2[Same as in Maharashtra.

KARNATAKA:

3[Amendments to section 55 are the same as in Kerala.

11[In Section 55

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

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

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

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

KERALA:

4[In section 55,--

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

(ii) in sub-section (4), for the words "authority entered", substitute the words
"authority of which a true copy is filed";

(iii) in sub-section (5), for the words "document entered", substitute the words
"document of which a true copy is filed".]

12[In Section 55

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

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

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

MAHARASHTRA:

5[In section 55,--

(a) for sub-section (1), the following was substituted, namely:--

"(1) Six such indexes shall be made in all registration offices and shall be
named, respectively Index No. 1, Index No. IA, Index No. II, Index No. IIA,
Index No. III and Index No. IV.";

(b) after sub-section (2), the following sub-section was inserted, namely:--

"(2A) Index No. IA shall contain the names including the father's name, or,
in the case of persons usually described by their mother's name, the
mother's name, and the places of residence of all persons executing, and of
all persons claiming under, the documents of which copies are filed under
sub-section (1) or (3) of section 89.";

(c) after sub-section (3), the following sub-section was inserted, namely:--

"(3A) Index No. IIA shall contain such particulars mentioned in section 21 as
the Inspector-General may, from time to time, prescribe in this behalf in
regard to every copy filed under sub-section (1) or (3) of section 89.";

(d) after the words "and additions" wherever they occur, the words "including the
father's name, or in the case of persons usually described by their mother's name,
the mother's name and the places of residence" were substituted.

ORISSA:

6[In its application to the State of Orissa, in section 55,--

(i) sub-section (2), for the words "document entered or memorandum filed",
substitute "document of which a true copy or a memorandum is filed";

(ii) in sub-section (4), or the words "authority entered", substitute "authority of

which a true copy is filed"; and

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(iii) in sub-section (5), for the words "document entered", substitute "document of
which a true copy is filed".

PONDICHERRY:

7[With reference to documents specified in the Rules made under section 52(3) as
obtaining in Pondicherry, section 55 shall stand modified as under:--

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

(ii) in sub-section (4), for the words "every will and authority entered in Book No.
3", words "every will and authority of which a true copy is filed in Book No. 3" shall
stand substituted;

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

TRIPURA:

8[In section 55,--

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

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

(iii) in sub-section (5), for the word "entered" substitute the words "of which a true
copy is pasted".

WEST BENGAL:

9[Same as in Pondicherry.

Section 55A

WEST BENGAL:

10[For section 55A, which was inserted by the Indian Registration (West Bengal
Amendment) Act, 1950 (29 of 1950), section 3, substitute the following, namely:--

"55A. Copies of books and indexes to be as good as original books and indexes in
certain cases.--Notwithstanding anything contained in any other law for the time
being in force, copies of any of the books mentioned in sub-section (1) of section
51, and of any of the indexes mentioned in section 55, relating to documents
registered on or before the 14th day of August, 1947, in registration offices situate
in district or sub-districts which as a result of the award of the Boundary
Commission appointed under section 3 of the Indian Independence Act, 1947, have
fallen partly within West Bengal and partly within East Bengal, shall, on being
authenticated in such manner as may be prescribed by the Inspector-General, be
deemed for the purposes of this Act to have taken the place of, and to be, the
original books and indexes from which such copies were made and all references in
this Act to books and indexes shall be construed as including references to such
copies."]

14[After Section 55
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3/11/22, 8:21 PM REGISTRATION ACT, 1908

The following new  section shall be  Inserted , namely:—

"55A. Photographic copies of books and indexes to be as good as  original

books and indexes in certain cases.—

Notwithstanding any­thing contained in any other law for the time

being in force, copies made by photography of any of the books
mentioned in sub- section (1) of  section 51, and of any of the
indexes mentioned in  section 55, relating to documents registered on
or before the 14th day of August, 1947 in registration offices situate
in districts or sub-districts which as a result of the award of the
Boundary Commission appointed under  section 3 of the Indian Inde-­
pendence Act, 1947 have fallen partly within West Bengal and partly
within East Bengal, shall for the purposes of this Act be deemed to
have taken the place of and to be the original books and indexes from
which such copies were made and all references in this Act to books
and indexes shall be construed as including references to such
copies.".]

15[After Section 55

The following section shall be Substituted namely :—

"55A. Copies of books and indexes to be as good as original books and

indexes in certain cases.—

Notwithstanding anything contained in any other law for the time

being in force, copies of any of the books mentioned in sub- section
(1) of  section 51, and of any of the indexes mentioned in  section 55,
relating to documents registered on or before the 14th day of August,
1947 in registration offices situate in districts or sub-districts which as
a result of the award of the Boundary Commission appointed under
sec­tion 3 of the Indian Independence Act, 1947 have fallen partly
within West Bengal and partly within East Bengal, shall, on being
authenticated in such manner as may be prescribed by the Inspector-
General, be deemed for the purposes of this Act to  have taken the
place of, and to be, the original books and indexes from which such
copies were made and all references in this Act to books and indexes
shall be construed as including references to such copies.".]

UTTARAKHAND

13[In Section 55

The following sub-section shall be inserted, namely:-

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

UTTAR PRADESH

16[In its application to the State of Uttar Pradesh, in Section 55, after sub-section (6),
insert the following sub-section, namely,-

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

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

1. Vide Goa Act 24 of 1985, section 8 (w.e.f. 5-12-1985).

2. Vide Act 11 of 1960, section 87 and Gujarat A.L.O., I960.

3. Vide Karnataka Act 55 of 1976, section 9 (w.e.f. 24-10-1976).

4. Vide Kerala Act 7 of 1968, section 10 (w.e.f. 22-2-1968).

5. Vide Bombay Acts 5 of 1929, section 9 (w.e.f. 22-5-1929) read with 35 of 1958, section 2 (w.e.f. 24-4-1958).

6. Vide Orissa Act 14 of 1989, section 9 (w.e.f. 19-9-1989).

7. Vide Pondicherry Act 17 of 1970, Schedule , Item 5.

8. Vide Tripura Act 7 of 1982, section 9 (w.e.f. 1-1-1983).

9. Vide West Bengal Act 17 of 1978, section 7 and Schedule .

10. Vide West Bengal Act 31 of 1951, section 2 (w.e.f. 2-11-1951).

11. Substituted by Registration (Karnataka Amendment) Act, 1976.

12. Substituted by Indian Registration (Kerala Amendment) Act, 1968.

13. Inserted by Indian Registration (Uttarakhand Amendment) Act, 2011.

14. Inserted by Indian Registration (West Bengal Amendment) Act, 1950 (Act 29 of 1950).

15. Substituted by Indian Registration (West Bengal Amendment) Act, 1951 (Act 31 of 1951).

16. Inserted by Uttar Pradesh Act 36 of 2001, Section 13 (w.e.f. 20.05.2002).

Section 56 - Copy of entries in Indexes Nos. I, II and III to be sent by Sub-Registrar to

Registrar and filed
(Repealed)

[Repealed by the Indian Registration (Amendment) Act, 1929 (15 of 1929), section 2]

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

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

(2) Subject to the same provisions, copies of entries in Book No. 3 and in the Index relating
thereto shall be given to the persons executing the documents to which such entries relate, or to
their agents, and after the death of the executants (but not before) to any person applying for
such copies.

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

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

entries respectively refer, or to his agent or representative.

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

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

[STATE AMENDMENTS

1[Gujarat:

Same as in Maharashtra.

2[Maharashtra:

In sub-section (1), after the words and figure "Book No. 1", the following words and figures were
inserted, namely: "and, so long as they are preserved, the copies filed under subsections (1) and
(3) of section 89 and the indexes relating to such copies."

Uttar Pradesh -

4[In its application to the State of Uttar Pradesh, in Section 57, sub section (1), for the words "to
Book No. 1," substitute "to Book No.1 other than those in electronic form,"]

[Uttarakhand

3[In Section 57

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

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

1. Vide Act 11 of 1960, section 87 and Gujarat A.L.O., 1960.

2. Vide Bombay Acts 5 of 1929, section 10 (w.e.f. 22-5-1929) read with 35 of 1958 (w.e.f. 24-4-1958).

3. Substituted by Indian Registration (Uttarakhand Amendment) Act, 2011.

4. Substituted by the Uttar Pradesh Act 36 of 2001, section 14 (w.e.f. 20.05.2002).

Section 58 - Particulars to be endorsed on documents admitted to registration

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

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

following particulars, namely:--

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

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

(c) any payment of money or delivery of goods made in the presence of the registering officer
in reference to the execution of the document, and any admission of receipt of consideration, in
whole or in part, made in his presence in reference to such execution.

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

[STATE AMENDMENTS

[Uttarakhand

1[In Section 58

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

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

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

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

(c) any payment of money or delivery of goods made in the presence of the
registering officer, in reference to the execution of the document and any admission
of receipt of consideration, in whole or in part, made in his presence in reference to
such execution.]

TAMIL NADU:

2[In section 58 of the principal Act,--

(1) in sub-section (1), after item (a), the following item shall be inserted, namely:--

"(aa) in the case of a document for sale of property, the signature and addition of
every person admitting the claim under such document, and, if such claim has been
admitted by the representative, assign or agent of any person, the signature and
addition of such representative, assign or agent;";

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(2) in sub-section (2), after the expression "execution of a document", the expression "and
in the case of a document for sale of property, any person admitting the execution of such
document, or any person admitting the claim under that document" shall be inserted.]

Uttar Pradesh-

3[In its application to the State of Uttar Pradesh, in Section 58, sub section (1), for the words
"admitted to registration ", substitute "admitted to registration and true copy thereof".]

1. Substituted by
Indian Registration (Uttarakhand Amendment) Act, 2011.

2. Inserted by the
Registration (Tamil Nadu Amendment) Act, 2000.

3. Substituted by the Uttar Pradesh Act 36 of 2001, Section 15 (w.e.f. 20.05.2002).

Section 59 - Endorsements to be dated and signed by registering officer

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

Section 60 - Certificate of registration

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

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

[STATE AMENDMENTS

BIHAR:

1[In sub-section (1), for the words "together with the number and page of the book in
which the document has been copied" the words "together with reference to the serial
number of the duplicate copy and the number of the book in which it is placed" shall be
substituted.]

15[In Section 60

(i) in clause (a), after the words "every such documents" the words "along with
duplicate copy thereof" shall be inserted;

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

"(c) subject to the provisions contained in section 62 every duplicate copy

shall, without Unnecessary delay be verified from the document admitted to

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

registration and be placed in proper book for being bound separately in the
appropriate book for the document admitted to registration according to the
order of admission."]

GOA:

2[In section 60, in sub-section (1), for the words "the document has been copied", the
words "the true copy of the document has been filed" shall be substituted.

KARNATAKA:

3[Amendments to section 60 are the same as in Kerala.

9[In Section 60

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

KERALA:

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

10[In Section 60

The words "the true copy of the document has been filed" shall be substituted.]

MAHARASHTRA AND GUJARAT:

For modification of section 60(1), see sub-section (3) of section 70D in Part XIA inserted in
the main Act by the Indian Registration (Bombay Amendment) Act, 1930 (17 of 1930)
(w.e.f. 4-9-1930) and Act 11 of 1960, section  87 (w.e.f. 1-5-1960).

ORISSA:

5[Amendments to section 60 are the same as in Kerala.

PONDICHERRY:

6[In its application to documents specified by Rules framed under section 52(3) of the Act
as obtaining in Pondicherry, section 60 shall stand modified as under:

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

TRIPURA

7[In section 60, for the words "the document has been copied", substitute the words "the
true copy of the document has been pasted".

WEST BENGAL

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

For modifications to sections 60 and 61, see Schedule as inserted by Tamil Nadu Act 21 of
1966 and West Bengal Act 17 of 1978.

TAMIL NADU

For modifications to sections 60 and 61, see Schedule as inserted by Tamil Nadu Act 21 of
1966 and West Bengal Act 17 of 1978.

12[In Section 60

In sub-section (1), for the expression "a certificate containing the word
'registered' ", the expression "a certificate containing the expression
'registered and duly stamped as per the Indian Stamp Act, 1899 (Central Act
II of 1899)'" shall be substituted.]

UTTAR PRADESH -

13[In its application to the State of Uttar Pradesh, in Section 60, sub-section (1), for the
words "thereon a certificate containing the word ' registered ' together with the number and
page of the book in which the document has been copied ", substitute "thereon and on the
true copies thereof, a certificate containing the word ' registered ', together with a
reference to the number and page of the appropriate Book in which the document or its
true copy is to be scanned or kept".]

UTTARAKHAND

11[In Section 60

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

follows; namely :-

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

1. Vide Bihar Ordinance 7 of 1997, section 4 (w.e.f. 11-8-1997).

2. Vide Goa Act 24 of 1985, section 9 (w.e.f. 5-12-1985).

3. Vide Karnataka Act 55 of 1976, section 10 (w.e.f. 24-10-1976).

4. Vide Kerala Act 7 of 1968, section 11 (w.e.f. 22-2-1968).

5. Vide Orissa Act 14 of 1989, section 10 (w.e.f. 19-9-1989).

6. Vide Pondicherry Act 17 of 1970, Schedule, Item (6) (w.e.f. 1-11-1970).

7. Vide Tripura Act 7 of 1982, section 10 (w.e.f. 1-1-1983).

8. clause (a) shall be Inserted and clause (c) shall be Substituted by

Registration (Bihar Amendment) Act, 1998.

9. Substituted by
Registration (Karnataka Amendment) Act,
1976.

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

10. Substituted by
Indian Registration (Kerala Amendment) Act 1968.

11. Substituted by
Indian Registration (Uttarakhand Amendment) Act,
2011.

12. Substituted by
Indian Stamp and the Registration (Tamil Nadu Amendment) Act, 2006 (Act 13 of 2008).

13. Substituted by the Uttar Pradesh Act 36 of 2001, Section 16 (w.e.f. 20.05.2002.)

Section 61 - Endorsements and certificate to be copied and document returned

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

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

STATE AMENDMENTS

ANDHRA PRADESH:

1[In section 61, after sub-section (1), add the following:--

"Provided that the copying of the items referred to above may be done by using
electronic devices like scanner."

GOA:

2[Section 61(1) be substituted, as under:

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

KARNATAKA

3[4[Amendments to section 61 are the same as in Kerala.

11[In Section 61

The following sub-section shall be substituted namely:-

"(1) The endorsements and certificate referred to and mentioned in sections

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

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

In section 61, in sub-section (2), after the words "returned" the words "in the manner
prescribed by rules" shall be inserted.]

12[In Section 61

The word "returned", the words "in the manner prescribed by rules" shall be
inserted.]

KERALA:

5[For sub-section (1) of section 61 substitute the following:--

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

MAHARASHTRA AND GUJARAT:

For omission of sub-section (1) of section 61, see sub-section (3) of section 70D in Part XIA
inserted in the main Act by the Indian Registration (Bombay Amendment) Act, 1930 (17 of
1930) (w.e.f. 4-9-1930) and Act 11 of 1960, section  87 (w.e.f. 1-5-1960).

ORISSA:

6[Same as in Kerala.

PONDICHERRY:

7[In relation to documents specified in the Rules framed under section 52(3) as obtaining in
Pondicherry, section 61 shall stand modified as follows:--

For the words "copied into the margin of the register book" in sub-section (1) the
words "copied in the true copy of the document filed under sub-section (1B) of
section 52" shall be substituted.

TAMIL NADU:

8[Same as in West Bengal.

15[In section 61 of the principal Act, in sub-section (1), the following proviso shall be
added, namely:--

"Provided that in the office of the Registering Officer notified by the State
Government under sub-section (1) of section 70-B, the copying of the items referred
to above may be done using electronic devices like scanner.]

TRIPURA:

9[In section 61(1), omit the words "the margin of".

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

WEST BENGAL:

10[In section 61, in sub-section (1), omit the words "the margin of".]

PUDUCHERRY

13[In Section 61

After sub-section (1), the following proviso shall be added, namely:

provided that the copying of the items referred to above may be done using
electronic devices like scanner.]

UTTAR PRADESH

16[In its application to the State of Uttar Pradesh, for Section 61, substitute the following
section, namely,-

"61. Document, endorsements and certificate to be scanned and document

returned.-

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

Provided that, where, Book is not in electronic form or scanning of the

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

Provided further that a true copy filed before the commencement of

the Registration (Uttar Pradesh Amendment) Act, 2001 and not
copied in the Book appropriate therefor, shall be deemed to be a true
copy presented under section 32-A and shall be dealt with in
accordance with the provisions of this section;

Provided also that if the true copy filed before the commencement of
the Registration (Uttar Pradesh Amendment) Act, 2001 is dim or has
otherwise become illegible and has not been copied in the Book
appropriate therefor, the registering officer shall, with the prior
approval of the Registrar, require the party concerned to deliver the
document to him for getting its true copy prepared for the purposes

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

of this section and if the party concerned informs him that the
document has been lost or destroyed, the true copy available in the
registering office shall be dealt with in accordance with the provisions
of this section.

(2) The registration of the document shall, thereupon, be deemed complete

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

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

[UTTARAKHAND

14[In Section 61

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

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

Provided that, where, Book is not in electronic form or scanning of the

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

Provided further that a true copy filed before the commencement of

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

Provided also that if the true copy filed before the commencement of
the Registration (Uttarakhand Amendment) Act, 2010 is dim or has
otherwise become illegible and has not been copied in the Book
appropriate therefor, the registering officer shall, with the prior
approval of the Registrar, require the party concerned to deliver the
document to him for getting its true copy prepared for the purposes
of this section and if the party concerned informs him that the
document has been lost or destroyed, the true copy available in the
registering office shall be dealt with in accordance with the provisions
of this section.
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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(2) The registration of the document shall, thereupon, be deemed

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

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

1. Vide Andhra Pradesh Act 16 of 1999, section 5 (w.e.f. 31-12-1998).

2. Vide Goa Act 24 of 1985, section 10 (w.e.f. 8-12-1985).

3. Vide Karnataka Act 55 of 1976, section 11 (w.e.f. 24-10-1976).

4. Vide Karnataka Act 41 of 1984, section 3 (w.e.f. 7-11-1986).

5. Vide Kerala Act 7 of 1968, section 12 (w.e.f. 22-2-1968).

6. Vide Orissa Act 14 of 1989, section 11 (w.e.f. 19-9-1989).

7. Vide Pondicherry Act 17 of 1970, Schedule Item 7 (w.e.f. 1-11-1970).

8. Vide Tamil Nadu Act 21 of 1966, section 6 and Schedule.

9. Vide Tripura Act 7 of 1982, section 11 (w.e.f. 1-1-1983).

10. Vide West Bengal Act 7 of 1989, section 11 (w.e.f 1-1-1983).

11. Substituted by
Registration (Karnataka Amendment) Act, 1976.

12. Inserted by
Registration (Karnataka Amendment) Act, 1984.

13. Added by
Registration (Puducherry Amendment) Act, 2004.

14. Substituted by
Indian Registration (Uttarakhand Amendment) Act, 2011.

15. Inserted by the

Registration (Tamil Nadu Second Amendment) Act, 2000.

16. Substituted by the Uttar Pradesh Act 36 of 2001, Section 17 (w.e.f. 20-05-2002).

Section 62 - Procedure on presenting document in language unknown to registering officer

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

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

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

[STATE AMENDMENTS

DELHI:

1[Same as in Punjab.

GOA:

2[Section 62(1) be substituted as under:

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

HIMACHAL PRADESH:

3[For sub-section (1) of section 62 substitute the following:--

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

KARNATAKA:

4[Amendment to section 62(1) is the same as in Kerala.

12[In Section 62

The following sub-section shall be substituted, namely:-

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

KERALA:

5[For sub-section (1) of section 62, substitute the following:--

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

13[In Section 62

The following sub-section shall be substituted, namely:-

"(1) When a document is presented for registration under section 19 the

translation together with the true copy of the document shall be filed in the
appropriate book."]

MAHARASHTRA AND GUJARAT:

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

For modifications in sub-section (1) of section 62, see sub-section (3) of section 70D in Part
XIA inserted in the main Act by the Indian Registration (Bombay Amendment) Act, 1930
(17 of 1930) (w.e.f. 4-9-1930) and Act 11 of 1960, section  87 (w.e.f. 1-5-1960).

ORISSA:

6[For sub-section (1) of section 62, substitute the following:--

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

PONDICHERRY:

7[In its application to classes of documents specified in the Rules made under section
52(3), the section shall have effect subject to the following modification.

Sub-section (1) is the same as in Kerala.

PUNJAB, HARYANA AND CHANDIGARH:

8[For sub-section (1) of section 62 substitute the following:--

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

15[In Section 62

The following shall be substituted, namely :-

"(1) When a document is presented for registration under Section 19, a copy
of the / 90 Indian] Registration (Punjab Amendment) Act, 1961, Section 6
translation shall be pasted in the register of documents of the nature of the
original, and the second copy of the translation, together with the copy
referred to in Section 19, shall be filed in the registration office.".]

RAJASTHAN:

9[Substitute section 62(1) as under:

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

TRIPURA:

10[Substitute section 62(1) as under:

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

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

TAMIL NADU:

11[For sub-section (1) of section 62, substitute the following:--

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

UTTAR PRADESH:

To section 62(1), an Explanation was added by Uttar Pradesh Act 14 of 1971. The
Explanation has now been omitted by Uttar Pradesh Act 19 of 1981, section  12 (w.r.e.f. 1-
8-1981).

16[In Section 62

After sub-section (1), the following Explanation shall be inserted, namely:

"Explanation--Transcribing the translation in the said register includes

pasting of a copy of such translation in that register."]

17[In its application to the State of Uttar Pradesh, to sub-section (1) of section 62,-

(a) an Explanation was added by Uttar Pradesh Act 14 of 1971.The Explanation has
now been omitted by Uttar Pradesh Act 19 of 1981, Section 12 (w.r.e.f.
01.08.1981).

(b) for Section 62, substitute the following section, namely.-

"62. Procedure on presenting document in language unknown to registering

officer.-

When a document is presented for registration under section 19, the

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

UTTARAKHAND

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

14[In Section 62

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

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

1. See G.S.R. 465, Gazette of India, Pt. II, section 3(i), p. 499 (w.e.f. 1-4-1965).

2. Vide Goa Act 24 of 1985, section 11 (w.e.f. 5-12-1985).

3. Vide Himachal Pradesh Act 2 of 1969, section 6 (w.e.f. 1-4-1969).

4. Vide Karnataka Act 55 of 1976, section 12 (w.e.f. 24-10-1976).

5. Vide Kerala Act 7 of 1966, section 13 (w.e.f. 22-2-1968).

6. Vide Orissa Act 14 of 1989, section 12 (w.e.f. 19-9-1989).

7. Vide Pondicherry Act 17 of 1970, Schedule, Item 7, (w.e.f. 1-11-1970).

8. Vide Punjab Act 19 of 1961, section 5 (w.e.f. 4-5-1961); Act 31 of 1966, section 88.

9. Vide Rajasthan Act 11 of 1982, section 6 (w.e.f. 16-7-1982).

10. Vide Tripura Act 7 of 1982, section 12 (w.e.f. 1-1-1983).

11. Vide Tamil Nadu Act 21 of 1966, section 6 and Schedule.

12. Substituted by Registration (Karnataka Amendment) Act, 1976.

13. Substituted by Indian Registration (Kerala Amendment) Act, 1968.

14. Substituted by Indian Registration (Uttarakhand Amendment) Act, 2011.

15. Substituted by Indian Registration (Punjab Amendment) Act, 1961 (punjab).

16. Inserted by Registration (Uttar Pradesh Amendment) Act, 1970 (Act 14 of 1971).

17. Inserted by Uttar Pradesh Act 36 of 2001, Section 18 (w.e.f. 20.05.2002).

Section 63 - Power to administer oaths and record of substance of statements

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

(2) Every such officer may also at his discretion record a note of the substance of the statement
made by each such person, and such statement shall be read over, or (if made in a language with
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3/11/22, 8:21 PM REGISTRATION ACT, 1908

which such person is not acquainted) interpreted to him in a language with which he is acquainted,
and, if he admits the correctness of such note, it shall be signed by the registering officer.

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

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

Every Sub-Registrar on registering a non-testamentary document relating to immovable property

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

[STATE AMENDMENTS

[Uttarakhand

1[In Section 64

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

"64. Every sub-registrar, on registering an non-testamentary document relating to

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

Uttar Pradesh

3[In its application to the State of Uttar Pradesh, in Section 64, for the words "sub-Register shall
file the memorandum in his Book No. 1", substitute "sub-Register shall take similar action on this
memorandum, as known (sic taken) on a document admitted to registration under sub-section (1)
of section 61".]

[Tamil Nadu

2[After Section 64

The following section shall be inserted, namely:--

"64-A. Procedure where instrument of Power of Attorney presented in office of Sub-

Registrar relates to immovable property not situate in sub-district.--

Every Sub-Registrar on registering an instrument of Power of Attorney including

instrument of revocation or cancellation of such Power of Attorney relating to
immovable property not situate in his own sub-district, shall make a copy and send
the same together with a copy of the map or plan (if any) mentioned in section 21,
to every other Sub-Registrar in whose sub-district the whole or any part of such
property is situate and such Sub-Registrar shall file the same in his Book No. 1:

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

Provided that where such instrument relates to immovable property in

several districts, shall forward the same to the Sub-Registrars concerned,
under intimation to the Registrar of every district in which any part of such
property is situate.".]

1. Substituted by
Indian Registration (Uttarakhand Amendment) Act, 2011.

2. Substituted by
Registration (Tamil Nadu Amendment) Act, 2012 (Act 29 of 2012).

3. Substituted by the Uttar Pradesh Act 36 of 2001, Section 19 (w.e.f. 20.05.2002).

Section 65 - Procedure where document relates to land in several districts

(1) Every Sub-Registrar on registering a non-testamentary document relating to immovable

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

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

[STATE AMENDMENTS

Uttar pradesh

2[In its application to the State of Uttar Pradesh, in Section 65, sub-Section (2),-

(a) for the words "file in his Book No. 1, the copy of the document and the copy of the map
or plan, if any", substitute " take a similar action on such copy of the document and the
copy of the map plan, if any, as taken on a document admitted to registration under sub-
section (1) of section 61";

(b) for the words "file it in his Book No.1", substitute "take a similar action on it as taken by
the Register under the sub-section".]

[Uttarakhand

1[In Section 65

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

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

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

1. Substituted by
Indian Registration (Uttarakhand Amendment) Act, 2011.

2. Substitute by the Uttar Pradesh Act 36 of 2001, Section 20 (w.e.f. 20.05.2002).

Section 66 - Procedure after registration of documents relating to land

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

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

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

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

[STATE AMENDMENTS

Uttar Pradesh

2[In its application to the State of Uttar Pradesh, in Section 67,-

(a) in sub-Section (3), for the words "file it in his Book No. 1", substitute "take a similar
action on it as taken on a document admitted to registration under sub-section (1) of
section 61";

(b) in sub-Section (4), for the words "file it in his Book No.1", substitute "take a similar
action on it as taken on a copy received under sub-section (3)"]

[Uttarakhand

1[In Section 66

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

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

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

1. Substituted by
Indian Registration (Uttarakhand Amendment) Act,
2011.

2. Substituted by the Uttar Pradesh Act 36 of 2001, Section 21 (w.e.f. 20.05.2002).

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

Section 67 - [Omitted]

1[***]

[STATE AMENDMENTS

2Andhra Pradesh:

Section 67 shall stand omitted.

3Gujarat:

Section 67 shall be deleted.

4Haryana:

Section 67 be omitted.

5Rajasthan:

Section 67 be omitted.

6Uttar Pradesh:

Section 67 shall be omitted.

[Haryana

7[In Section 67

section 67, shall be Omitted.]

8[In Section 67

section 67, shall be Omitted.]

[Karnataka

9[In Section 67

section 67, shall be Omitted.]

[Puducherry

10[In Section 67

section 67, shall be Omitted.]]

1. Section 67 omitted by Act 48 of 2001, section 8 (w.e.f. 24-9-2001).

2. Vide Andhra Pradesh Act 13 of 1966, section 2 (w.e.f. 15-6-1966).

3. Vide Gujarat Act 18 of 1990, section 3 (w.e.f. 19-11-1990).

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

4. Vide Haryana Act 4 of 1997, section 3 (w.e.f. 12-3-1997).

5. Vide Rajasthan Act 18 of 1989, section 5 (w.e.f. 18-9-1989).

6. Vide Uttar Pradesh Act 27 of 1994, section 6.

7. Omitted by Registration (Haryana Amendment) Act, 1996.

8. Omitted by Registration (Haryana Amendment) Act, 1997.

9. Omitted by Registration (Karnataka Amendment) Act, 1987.

10. Omitted by Registration (Puducherry Amendment) Act, 1998.

Section 68 - Power of Registrar to superintend and control Sub-Registrars

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

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

STATE AMENDMENTS

Sections 68A and 68B

1[Bihar:

After section 68 insert as under:

"68A. Prohibition of unlicensed person.--

(1) No person who is not licensed as provided under section 68B, shall engage
himself in the profession of document-writer and document drawn-up and signed by
a person who does not hold a licence shall not be accepted for registration by the
registering officers:

Provided that no advocate, pleader or Mukhtar shall be required to have a

licence under section 68B.

(2) Nothing in this section shall prohibit an executant of document to draw up a

document to be presented for registration or to do any other act for himself for
which a licensed document-writer could have been otherwise engaged.

(3) Nothing in this section shall apply to document executed out of India or out of
the State of Bihar or to a will or to document scribed by document-writer holding
licence for one sub-district or one district and presented for registration in another
sub-district or another district as the case may be, or to documents executed by or
on behalf of the Government or local authorities or other corporate bodies.

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

68B. Grant of licence to document-writers.--

(1) The Registrar of district or any other officer authorised by him in this behalf may
grant a licence, to be valid in one sub-district or one district in the prescribed form
to document-writer or apprentice to document-writer on an application made in this
behalf, on such term and conditions as may be prescribed by the Inspector-General
of Registration in this behalf after conducting a written test as may be prescribed.

(2) A licence may be granted to any person who has been in the profession of the
document-writer for at least ten years prior to the date of the Registration (Bihar
Amendment) Ordinance, 1991 came into force, without requiring him to appear in
the written test referred to in sub-section (1), if the Registrar of a district or any
other officer authorised by him in this behalf is satisfied that he is otherwise fit to
take the profession of a document-writer.

(3) A licence granted under sub-sections (1) and (2) shall, remain valid till the 31st
day of December of the year in which the same was issued and shall be subject to
renewal before the expiry of its period of validity on such terms and conditions, as
may be prescribed.

(4)     (a) The licence granted under sub-sections (1) and (2) may at any time, be
suspended or cancelled on the breach of conditions prescribed or for such other
reason to be recorded in writing by the Registrar of district or the officer authorised
by him, after the document writer has been given sufficient opportunity to show
cause against the proposed suspension or cancellation of the licence and after the
same has been duly considered.

(b) An appeal shall lie before the Inspector-General of Registration against

any order passed under this section.

Explanation.--For the purpose of sections 68A and 68B,--

(i) "Document-writer" means and includes one who is engaged in the

profession of preparing documents, namely, doing the work of
conveyancing, including investigation of titles, preparation of draft
deeds and engrossing and transcribing the deed, including copies, if
any, for registration, or marking searches and inspection under the
Act, and

(ii) "Apprentice" means one who assists a document-writer in the

preparation of document and transcribes them (including copies, any)
to be present for registration."

____________________________

1. Vide Bihar Act 6 of 1991, section 5 (w.e.f. 8-8-1991).

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

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(1) The Inspector-General shall exercise a general superintendence over all the registration offices

in the territories under the 1[State Government], and shall have power from time to time to make
rules consistent with this Act--

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

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

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

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

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

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

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

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

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

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

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

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

(2) The rules so made shall be submitted to the 1[State Government] for approval, and, after they

have been approved, they shall be published in the 5[Official Gazette], and on publication shall
have effect as if enacted in this Act.

STATE AMENDMENTS

ANDHRA PRADESH:

6[In section 69, after clause (b) of sub-section (1), insert the following clause (bb),
namely:--

"(bb) providing for the grant of licences to document writers, the revocation of such
licences, the terms and conditions subject to which and the authority by whom such
licences shall be granted, the exemption of any class of document writers from the
licensing provisions and the conditions subject to which such exemption shall be

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

granted and generally for all purposes connected with the writing of documents to
be presented for registration."]

BIHAR:

7[8[9[10[In section 69,--

(i) to clause (g) of sub-section (1) add the following words: "and the manner of
recopying such books or portions thereof".

(ii) after clause (h) of sub-section (1) insert the following new clause: "(hh)
regulating the manner of recopying indexes on portions thereof."

(iii) after clause (b), insert the following new clause, namely:--

"(bb) providing for the grant of licences to document-writers and apprentices

to document-writer, the suspension and cancellation of such licences, the
terms and conditions under which such licences may be granted and
generally for all other purposes connected with the writing of documents to
be presented for registration."

(iv) after clause (hh) of sub-section (1), insert the following clause, namely,--

"(i) (hh1) regulating the number and manner in which the true duplicate
typed or handwritten copies of documents and translation of documents
under section 19 shall be prepared and the books in which they shall be
placed on record;

(ii) (hh2) regulating the form of declaration and the manners of keeping the
records under sub-section (2) of section 32A."]

31[In Section 69

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

"(bb) providing for the grunt of licences to document-writers the revocation

of such licences, the terms and conditions subject to which and the authority
by whom such licences shall he granted and generally for all purposes
connected with the writing of documents to be presented for registration."]

32[After Section 69

the following clauses shall be inserted, namely:--

"(i) (hh-1) regulating the number and manner in which the true duplicate
typed, handwritten copies of documents and translation of documents under
section 19 shall be prepared and the books in which they shall be placed on
record,

(ii) (hh-2) regulating the form of declaration and the manners of keeping the
records under, sub-section (2) of section 32A."]

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

DELHI:

11[Same as in Punjab.]

GUJARAT:

12[Same as in Maharashtra.]

42[In the principal Act, in section 69, in sub-section (1), after clause (j), the following
clause shall be added, namely:-

"(k) regulating the procedure for presentation of document, appearance for

admission, endorsement, manner of affixing signature and seal, mode of payment of
registration fees and other fees and such other process when the document is
presented by electronic means.".]

HIMACHAL PRADESH:

13[Same as in Bihar (iii).

33[In section 69

The following clause shall be inserted, namely:--

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

KARNATAKA:

14[15[In section 69(1),--

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

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

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

In section (1) of section 69 after clause (j), the following shall be inserted, namely:--

"(k) providing for the manner of return of documents under sub-section (2) of
section 61".

34[In Section 69

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(i) in clause (g), after the word and figures "section 51", the words " and the
manner of recopying such books or portions thereof" shall be inserted;

(ii) after clause (i), the following clause shall be inserted, namely:-

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

35[In Section 69

The following shall be inserted, namely:-

"(k) providing for the manner of return of documents under sub-section (2)
of section 61".]

KERALA:

16[In section 69 after clause (b) of sub-section (1) insert the following clause:--

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

Note.--Clause (bb) inserted in sub-section (1) of section 69 by the Indian

Registration (Travancore-Cochin Amendment) Act, 1952 (T.C. Act 25 of
1952) is omitted.]

36[In Section 69

The following clause shall be inserted, namely:-

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

MADHYA PRADESH:

17[MAHAKOSHAL.--In its application to the Mahakoshal region of the State of Madhya

Pradesh, in section 69 after clause (j) of sub-section (1) the following clause (k), shall be
inserted:

"(k) prescribing the manner in which and the terms subject to which persons who
write documents for presentation to a registering officer may be granted licences
and the fees to be paid for such licences."

MAHARASHTRA:
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3/11/22, 8:21 PM REGISTRATION ACT, 1908

18[19[20[In section 69--

(i) to clause (g) of sub-section (1) add the following, namely: "and the manner of
recopying such books or portions thereof."

(ii) after clause (gg) of sub-section (1) insert the following clause:

"(ggg) regulating the procedure for transmitting documents for being

photographed and the serial numbering binding and preservation of the
photographic prints and negatives, the manner of fixing the signature and
seal of the Photo-Registrar at the end of a length of film, and the procedure
generally in the Government Photo-Registary."

(iii) after clause (h) of sub-section (1) after the figures I and 'II' insert the figures
"IA" and "IIA" respectively.

40[In section 69 of the principal Act, in sub-section (1), after clause (j), the following clause
shall be added, namely:--

" (k) regulating the procedure for presentation of document, appearance for
admission, endorsements, manner of fixing signature and seal, mode of payment of
registration fees and other fees and such other process, when the document is
presented by electronic means.]

VIDARBHA.--Note: As all the above amendments extend to and are in force in the
whole State of Maharashtra including its Vidarbha region, clause (k) inserted in sub-
section (1) of section 69 by M.P. Act 8 of 1955 is, so far as it applied to be Vidarbha
region, repealed by Bombay Act 35 of 1958, section 3 (w.e.f. 24-4-1958).

43[After clause (g) of sub-section (1) of section 69, the following clause shall be inserted
namely :-

"(gg) regulating the procedure for transmitting documents for being photographed
and the serial numbering, binding and preservation of the photographic prints and
negatives."]

44[To clause (gg) of sub-section (1) of section 69, the following, shall be added, namely :-

"and the manner of fixing the signature and seal of the Photo-Registrar at the end of
a length of film;"]

MANIPUR:

21[In section 69, after clause (b) insert as under:

"(bb) providing for the grant of licences to document writers, the revocation of such
licences, the terms and conditions subject to which and the authority by whom such
licences shall be granted, and generally for all purposes connected with the writing
of documents to be presented for registration including the rates of fees to be
charged by the licensed deed writers for writing out deeds, petitions etc."

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ORISSA:

22[In section 69(1), after clause (b), insert as under:

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

PONDICHERRY:

23[In section 69(1), after clause (b), insert as under:

"(bb) providing for the grant and renewal of licences to document writers, the
revocation of such licences, the terms and conditions subject to which and the
authority by which such licences shall be granted or renewed or revoked, the
penalties for breaches of the terms and conditions of such licence, the scale of fees
to be charged by document writers, the exemption of any class of document writers
from the licensing provisions, the conditions subject to which such exemption may
be granted, and generally for all purposes connected with the writing of documents
to be presented for registration."

PUNJAB, HARYANA AND CHANDIGARH:

24[In sub-section (1) of section 69, after clause (b), insert the following clause, namely:--

"(bb) declaring what persons shall be permitted to act as document writers in the
offices of registering officers, regulating the issue of licences to such persons, the
conduct of business by them, the scale of fees to be charged by them and
determining the authority by whom breaches of such rules shall be investigated and
the penalties which may be imposed."]

38[In Section 69

The following clause shall be inserted, namely:-

"(bb) declaring what persons shall be permitted to act as document writers

in the offices of registering officers, relating the issue of licences to such
persons, the conduct of business by them, the scale of fees to be charged by
them and determining the authority by which breaches of such rules shall be
investigated and the penalties which may be imposed."]

RAJASTHAN:

25[Same as that of Kerala above.

26[In its application to the State of Rajasthan, in Section 69,-

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(i) after Cl. (b) of sub-Section (1), insert the following clause, namely,-

(bb) providing for grant of licences to document-writers, the revocation of

such licences, the terms and conditions subject to which and authority by
whom such licence shall be granted and generally for all purposes connected
with the writing of documents to be presented for registration."

(ii) after clause (d) insert as under--

"(dd) providing for recovery of deficit registration fee;

(ddd) providing for refund of registration fee paid in excess;"

27[After sub-section (2), following be added:--

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

TRIPURA:

28[In section 69(1), after clause (b) insert as under:

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

UTTAR PRADESH:

29[30[In its application to the State of Uttar Pradesh, in Section 69(1),-

(i) after clause (h), insert the following new clauses, namely:--

"(hh) regulating the manner in which translations to be delivered under

section 19 shall be prepared and in which they shall be declared to be faithful
translations;

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

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

Clause (hh) as inserted by Uttar Pradesh Act 14 of 1971, substituted by Uttar

Pradesh Act 19 of 1981, section  13 (w.r.e.f. 1-8-1981).

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(ii) after clause (d) insert as under--

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

(ddd) providing for recovery of deficiency in registration fees."]

39[In Section 69

After clause (h), the following clauses shall be inserted, namely:

"(hh) regulating the manner in which copies and translations to be delivered

under sections 18-A and 19 shall be prepared and in which they shall be
declared to be true and faithful copies or translations:

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

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

41[In its application to the State of Uttar Pradesh, after 69, insert the following section,
namely,-

69-A. Power of Inspector-General to prescribe standard formats.-

Notwithstanding anything contained in any other provisions of this Act, the

Inspector-General of Registration shall, with the prior approval of the State
Government, prepare and circulate standard formats of various kinds of
documents for the guidance of the general public, which may be used with or
without modifications.

Explanation.-Use of a standard format prepared and circulated under this

section shall not be a prelude to omit the descriptions of the property
required under section 21 and 22."]

UTTARAKHAND

37[In Section 69

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

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

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

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

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

"69-A Notwithstanding anything contained in any other provisions of this Act,

the Inspector-General of Registration shall with the prior approval of the
State Government, prepare and circulate standard formats of various kinds
of documents for the guidance of the general public, which may be used with
or without modifications.

Explanation:- Use of a standard format prepared and circulated under

this section shall not be a prelude to omit the descriptions of the
property required under sections 21 and 22."]

1. Substituted  by the A.O. 1950, for "Provincial Government".

2. Certain words rep. by Act 5 of 1917, section 6 and Schedule.

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

4. Inserted  by Act 39 of 1948, section 4.

5. Substituted  by the A.O. 1937, for "Local Official Gazette".

6. Vide Andhra Pradesh Act 5 of 1960, section 2 (w.e.f. 16-12-1960).

7. Vide Bihar Act 14 of 1947, section 3 (w.e.f. 21-4-1947).

8. Vide Bihar Act 24 of 1952, section 3 (w.e.f. 22-10-1952).

9. Vide Bihar Act 6 of 1991, section 6 (w.e.f. 8-8-1991).

10. Vide Bihar ordinance 7 of 1997, section 5 (w.e.f. 11-8-1997).

11. See G.S.R. 465 of 1955, Gazette of India, 1965, Pt. II, section 3(i), p. 499.

12. Vide Act 11 of 1960, section 87 and Gujarat A.L.O., I960.

13. Vide Himachal Pradesh Act 2 of 1969, section 7 (w.e.f. 1-4-1969).

14. Vide Karnataka Act 55 of 1976, section 13 (w.e.f. 23-10-1976).

15. Vide Karnataka Act 41 of 1984, section 4 (w.e.f. 7-11-1986).

16. Vide Kerala Act 2 of 1959, section 3 (w.e.f. 1-6-1960).

17. Vide Madhya Pradesh Act 8 of 1955, section 2 (w.e.f. 18-4-1955).

18. Vide Bombay Act 24 of 1938, section  4 (w.e.f. 8-2-1939) read with Act 35 of 1958, section 2 (w.e.f. 24-4-1958).

19. Vide Bombay Act 35 of 1958, section 6 (w.e.f. 24-4-1958).

20. Vide Bombay Act 5 of 1929, section 11 (w.e.f. 25-5-1929) read with Act 35 of 1958, section 2 (w.e.f. 24-4-1958).

21. Vide Manipur Act 5 of 1975, section 2.

22. Vide Orissa Act 11 of 1976, section 2 (w.e.f. 13-4-1976).

23. Vide Pondicherry Regulation 2 of 1977, section 2 (w.e.f. 1-4-1977).

24. Vide Punjab Act 19 of 1961, section 6 (w.e.f. 4-5-1961); Act 31 of 1966, section 88 (w.e.f. 1-11-1966).

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

25. Vide Rajasthan Act 18 of 1953, section 2 (w.e.f. 10-10-1953) read with Act 27 of 1957, section 3.

26. Vide Rajasthan Act 11 of 1982, section 7 (w.e.f. 16-6-1982).

27. Vide Rajasthan Act 18 of 1989, section 6 (w.e.f. 18-9-1989).

28. Vide Tripura Act 7 of 1982, section 13 (w.e.f. 1-1-1983).

29. Vide Uttar Pradesh Act 14 of 1971, section 5 (w.e.f. 25-5-1971).

30. Vide Uttar Pradesh Act 48 of 1975, section 3 (w.e.f. 1-11-1975).

31. Added by Indian Medical Degrees (Bihar Amendment) Act, 1949.

32. Inserted by Registration (Bihar Amendment) Act, 1998.

33. Substituted by Indian Registration (Himachal Pradesh Amendment) Act, 1968.

34. Inserted by Registration (Karnataka Amendment) Act, 1976.

35. Inserted by Registration (Karnataka Amendment) Act, 1984.

36. Inserted by Indian Registration (Kerala Amendment) Act 1958.

37. Inserted by Indian Registration (Uttarakhand Amendment) Act, 2011.

38. Inserted by Indian Registration (Punjab Amendment) Act, 1961 (punjab).

39. Inserted by Registration (Uttar Pradesh Amendment) Act, 1970 (Act 14 of 1971).

40. Inserted by Registration (Maharashtra Amendment) Act, 2010.

41. Inserted by Uttar Pradesh Act 36 of 2001, Section 23 (w.e.f. 20.05.2002).

42. Inserted vide Registration (Gujarat Amendment) Act, 2018.

43. Inserted by Indian Registration (Bombay Amendment) Act, 1930, section 2.

44. Inserted by Indian Registration (Bombay Amendment) Act, 1933, section 2

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

Section 70 - Power of Inspector-General to remit fines

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

[STATE AMENDMENTS

1[Andhra Pradesh:

In its application to the State of Andhra Pradesh, after Part XI, insert the following Part XIA,
namely,--

"PART IXA

REGISTRATION OF DOCUMENTS BY MEANS OF ELECTRONIC DEVICES

70A. Application of this part.--

This part shall apply to the areas only in respect of which a notification is
issued by the Government of Andhra Pradesh under section 70B.

70B. Documents scanned by electronic devices in areas notified by the

Government.--

(1) The Government of Andhra Pradesh may, by notification, in the Official

Gazette, direct that in any office as may be specified therein, the process of
registration of any category or categories of documents may be completed
and copying done with the help of the electronic devices like computers,
scanners and the compact disks on copies preserved on such devices and
retrieved when required.

(2) Notwithstanding anything in this Act or any other law for the time being
in force, a copy of any document registered and scanned using the electronic
devices and certified or attested by the registering officer in charge of the
office shall also be received in evidence of any transaction as is described in
the said document.

70C. Saving.--Nothing in this Part shall apply,--

(i) to any document which in the opinion of registering officer is not in a

condition fit to be processed by means of electronic devices;

(ii) in the case of unforeseen eventuality like break down of the computerised
system of registration:

Provided that the registering officer shall record the reasons in writing
therefore--

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Provided further that the registering officer shall ensure that the data
and images of the documents registered during the period of non-
application of this Part, due to a break down of the computerised
system, are duly incorporated into the computer system, after the
same is restored, in the manner prescribed by the Inspector General
of Registration."

2[Gujarat:

Same as that of Maharashtra.

TAMIL NADU:

9[After PART-XI of the principal Act, the following PART shall be inserted, namely:--

"PART XI-A

REGISTRATION OF DOCUMENTS BY MEANS OF ELECTRONIC DEVICES.

70-A. Application of this Part

This Part shall  apply to the areas only in respect of which a notification is
issued by the State Government under sub-section (1) of section 70-B.

70-B. Documents scanned by electronic devices in areas notified by the

State Government

(1) The State Government may, by notification, in the Tamil Nadu

Government Gazette, direct that in any office as may be specified therein,
the process of registration of any category or categories of documents may
be completed and copying done with the help of the electronic devices like
computers, scanners and compact disks and copies preserved on such
devices and retrieved when required.

(2) Notwithstanding anything contained in this Act, or any other law for the
time being in force, a copy of any document registered and scanned using
the electronic devices and certified or attested by the Registering Officer in-
charge of the office shall also be received in evidence of any transaction as is
described in the said document.

70-C. Saving

Nothing in this Part shall apply,--

(i) to any document which in the opinion of Registering Officer is not

in a condition fit to be processed by means of electronic devices;

(ii) in the case of unforeseen eventuality like breakdown of the

computerised system of registration:

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Provided that the Registering Officer shall record the reasons in

writing therefor:

Provided further that the Registering Officer shall ensure that the
data and images of the documents registered due to a breakdown of
the computerised system, are duly incorporated into the computer
system, after the same is restored, in the manner prescribed by the
Inspector-General.]

3[Karnataka:

Following part and sections be inserted:--

"PART IXA

PHOTOCOPYING OF DOCUMENTS

70A. Application of this Part.--

This Part shall apply only to the areas in respect of which a notification is
issued by the State Government under section 70:

Provided that nothing in this Part shall apply to the registration of any
document executed before its application to such area.

70B. Definition.--

In this Part, "photocopy" means a copy prepared on such paper and by

means of such photocopying process or machine as may be prescribed by
rules and "photocopied" and "photocopying" shall be construed accordingly.

70C. Documents may be photocopied in the areas notified by the State

Government.--

(1) The State Government may, by notification, direct that in any district or
sub-district specified in the notification, copies of documents admitted to
registration under this Act shall be made by photocopying.

(2) On the issue of such notification, it shall be passed in a conspicuous place

at the registration offices affected by the notification.

70D. Application of Act to areas notified under section 70C.--

In any district or sub-district in respect of which notification has been issued

under section 70C, the provisions of this Act shall, for the purpose of this
Part be subject to the following modifications, namely:--

(1)     (a) Every document admitted to registration under section 35

or section 41 shall be carefully marked with an identification stamp
and the serial number of the document on every page;

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(b) The registering officer shall then cause, each side of each page
of such document together with all stamped endorsements, seals,
signatures, thumb-impressions and certificates appearing thereon
to be photocopied without substraction or alteration. He may for
this purpose cut or untie without breaking any seal, the thread or
ribbon where the pages of the document are sewn together in order
to separate the pages of the documents, and as soon as the
document has been photocopied he shall rebind the document as
before and if he has cut the thread or ribbon shall seal it over the
joint with his seal;

(c) The registering officer shall then affix his signature and seal in
token of the exact correspondence of such photocopy to the original
document, as admitted for registration;

(d) The registering officer shall cause a copy so prepared to be

filed, in accordance with the provisions of this Act and such rules as
may be prescribed;

(e) The true copy of the map or plan if any, mentioned in section
21 may also be filed along with the photocopy of the document or
filed separately, in such manner as the Inspector General may
direct.

(2) All the words and expressions used in the Act with reference to
the making of copies or documents by hand or the entering or filing
of documents or memorandum in books provided under section 16,
shall so far, as may be necessary, be construed as referring to the
making of such copies by means of photocopying or the entering or
filing of documents or memoranda in books made up of copies
prepared by photocopying.

(3) Where this Part applies, the sections mentioned below shall be
deemed to be modified as follows:--

(a) in section 19, the words "and also by true copy" shall be omitted;

(b) in section 20, sub-section (2) shall be omitted;

(c) in section 45,--

(i) in sub-section (1), for the words, letter and figure "cause the
contents thereof to be copied into his book No. 3", the words, letter
and figure "cause a photocopy of the contents thereof to be made
and filed in his book No. 3" shall be substituted;

(ii) in sub-section (2), for the words "copy has been made", the
words "photocopy has been filed" shall be substituted.
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(d) in sub-section (2) of section 46,--

(i) for the words "unless the will has been already copied", the words
"unless a photocopy of the will has already been filed" shall be
substituted;

(ii) for the words, letter and figure "cause the will to be copied into
his Book No. 3", the words, letter and figure "cause a photocopy of
the will to be made and filed in his Book No. 3" shall be substituted;

(e) in section 51,--

(i) for sub-section (2), the following sub-section shall be substituted,

namely:--

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

(i) photocopies of all documents; and

(ii) all memoranda,

registered under sections 17, 18 and 89 which relate to immovable

property and are not wills."

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

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

"(c) Subject to the provisions contained in section 62, every

document admitted to registration shall, without unnecessary delay,
be photocopied and filed in the appropriate book according to the
order of its admission.";

(b) in the marginal heading and in section 53, for the word "entries"
where it occur, the word "photocopies" respectively shall be
substituted;

(h) in section 54, for the words "copied, or filed a memorandum of"
the words "filed a photocopy or a memorandum of" shall be
substituted,

(i) in section 55,--

(i) in sub-section (2), for the words "document entered or

memorandum filed", the words "document of which a photocopy or
memorandum is filed" shall be substituted;

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(ii) in sub-section (4), the words "authority entered", the words

"authority of which a photocopy is filed" shall be substituted;

(iii) in sub-section (5), for the words "document entered", the words
"documents of which a photocopy is filed" shall be substituted;

(j) in section 60, in sub-section (1), for the words "document has
been copied", the words "photocopy of the document has been filed"
shall be substituted;

(k) in section 61, sub-section (1) shall be omitted;

(l) in section 62, for sub-section (1), the following shall be

substituted, namely:--

"(1) When a document is presented for registration under section 19,

the translation together with the photocopy of the document shall be
filed in the appropriate book.";

(m) in section 81,--

(i) in the marginal heading, for the words "copying, translating, or

registering documents", the words "copying, photocopying,
translating, registering or filing photocopies of documents" shall be
substituted;

(ii) for the words "copying, translating or registering of any

document", the words "copying, photocopying, translating registers or
files a copy of such document" shall be substituted;

(iii) for the words "copies, translates or registers such documents",

the words "copies, photocopies, translates, registers or files a copy of
such document" shall be substituted,

(n) after section 89 following section shall be inserted, namely:--

"89 A. Power to make rules for filing of photocopies of document.--

(1) The State Government may make rules for all purposes connected with
the preparation or filing of photocopies of documents, in the appropriate
books under this Act.

(2) In particular and without prejudice to the generality of the foregoing

powers, such rules may provide for--

(a) the manner in which photocopies of documents shall be prepared;

and

(b) the manner of filing of such copies.

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(3) All rules made under this section shall be published in the Official
Gazette, and unless they are expressed to come into force on a particular
day, shall come into force on the day on which they are so published.

(4) Every rule made under this section shall be laid as soon as may be after
it is made before each House of the State Legislature while it is in session for
a total period of thirty days which may be comprised in one session or in two
or more successive sessions and if before the expiry of the session in which
it is so laid or the session immediately following both Houses agree in
making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so however that any
such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule."

(5) Nothing in this Part shall apply to any document which is prepared on a
printed or lithographed form or which in the opinion of the registering officer,
is not in a fit condition to be photocopied.

(6) Notwithstanding anything contained in this Part, in the case of document

containing a map, plan or trade mark label, if the party presenting the
document so desires, the registering officer may accept three copies of such
map, plan or trade mark label and where such true copies are accepted, the
map, plan or trade mark label shall not be photocopied and such copies
thereof shall be filed in the appropriate file book."]

Karnataka:

5[After Part XI

The following Part and section shall be inserted, namely:-

"PART XIA

Photocopying of Documents

70A. Application of this part.-

This part shall apply only to the areas in respect of which a notification is issued by
the State Government under section 70C:

Provided that nothing in this Part shall apply to the registration of any
document executed before its application to such area.

70B. Definition.-

In this Part, "photocopy" means a copy prepared on such paper and by means of
such photocopying process or machine as may be prescribed by rules and
"photocopied" and "photocopying" shall be construd accordingly.

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

70C. Documents may be photocopied in the areas notified by the State

Government.-

(1) The State Government may, by notification, direct that in any district or sub-
district specified in the notification, copies of documents admitted to registration
under this Act shall be made by photocopying.

(2) On the issue of such notification, it shall be pasted in a conspicuous place at the
Registration offices affected by the notification.

70D. Application of Act to areas notified under section 70C.-

In any district or sub-district in respect of which notification has been issued under
section 70C, the provisions of this Act shall, for the purpose of this Part, be subject
to the following modifications, namely:-

(1)        (a) Every document admitted to registration under section 35 or

section 41 shall be carefully marked with an identification stamp and the
serial number of the document on every page.

(b) The Registering officer shall then cause, each side of each page of
such document together with all stamps, endorsements, seals,
signatures, thumb-impressions and certificates appearing thereon to
be photocopied without substraction or alteration. He may for this
purpose cut or untie without breaking any seal, the thread or ribbon
where with the pages of the document are sewn together, in order to
separate the pages of the documents, and as soon as the document
has been photocopied, he shall rebind the document as before and if
he has cut the thread or ribbon, shall seal it over the joint with his
seal;

(c) The Registering officer shall then affix his signature and seal in
token of the exact correspondence of such photocopy to the original
document, as admitted for registration;

(d) The Registering officer shall cause a copy so prepared to be filed,

in accordance with the provisions of this Act and such rules as may be
prescribed;

(e) The true copy of the map or plan if any, mentioned in section 21
may also be filed along with the photocopy of the document or filed
separately, in such manner as the Inspector General may direct.

(2) All the words and expressions used in the Act with reference to the
making of copies or documents by hand or the entering or filing of
documents or memorandum in books provided under section 16, shall so far
as may be necessary, be construed as referring to the making of such copies

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

by means of photocopying or the entering or filing of documents or

memoranda in books made up of copies prepared by photocopying.

(3) Where this Part applies, the sections mentioned below shall be deemed
to be modified as follows:-

(a) in section 19, the words "and also by true copy" shall be omitted;

(b) in section 20, sub-section (2) shall be omitted;

(c) in section 45,-

(i) in sub-section (1), for the words, letter and figures "cause the
contents thereof to be copied into his Book No. 3", the words, letter
and figure "cause a photocopy of the contents thereof to be made
and filed in his Book No. 3" shall be substituted;

(ii) in sub-section (2), for the words "copy has been made", the
words "photocopy has been filed" shall be substituted;

(d) in sub-section (2) of section 46,-

(i) for the words "unless the will has been already copied", the words "unless
a photocopy of the will has already been filed" shall be substituted;

(ii) for the words, letter and figure "cause the will to be copied into his Book
No. 3", the words, letter and figure "cause a photocopy of the will to be
made and filed in his Book No. 3" shall be substituted;

(e) in section 51,-

(i) for sub-section (2), the following sub-section shall be substituted,

namely:-

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

(i) photocopies of all documents; and

(ii) all memoranda, registered under sections 17, 18 and 89 which

relate to immovable property and are not wills".

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

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

"(c) Subject to the provisions contained in section 62, every document

admitted to registration shall, without unnecessary delay, be photocopied
and filed in the appropriate book according to the order of its admission".;

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(g) in the marginal heading and in section 53, for the words "entries" where it
occurs, the words "photocopies" respectively shall be substituted;

(h) in section 54, for the words "copied, or filed a memorandum of", the words "filed
a photocopy or a memorandum of" shall be substituted;

(i) in section 55,-

(i) in sub-section (2), for the words "document entered or memorandum

filed", the words "document of which a photocopy or memorandum is filed"
shall be substituted;

(ii) in sub-section (4), the words "authority entered", the words "authority of
which a photocopy is filed" shall be substituted;

(iii) in sub-section (5), for the words "document entered", the words
"documents of which a photocopy is filed" shall be substituted;

(j) in section 60, in sub-section (1), for the words "document has been copied", the
words "photocopy of the document has been filed" shall be substituted;

(k) in section 61, sub-section (1) shall be omitted;

(l) in section 62, for sub-section (1), the following shall be substituted, namely:-

"(1) when a document is presented for registration under section 19, the
translation together with the photocopy of the document shall be filed in the
appropriate book",

(m) in section 81,-

(i) in the marginal heading, for the words "copying, translating, or

registering documents", the words "copying, photocopying, translating,
registering or filing photocopies of documents " shall be substituted;

(ii) for the words "copying, translating, or registering of any document", the
words "copying, photocopying, translating, registers or files a copy of such
documents " shall be substituted;

(iii) for the words "copies, translates, or registers such documents", the
words "copies, photocopies, translates, registers or files a copy of such
document" shall be substituted;

(n) after section 89, following section shall be inserted, namely:-

"89A. Power to make rules for filing of photocopies of document.-

(1) The State Government may make rules for all purposes connected
with the preparation or filing of photocopies of documents, in the
appropriate books under this Act.

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(2) In particular and without prejudice to the generality of the

foregoing power, such rules may provide for,-

(a) the manner in which photo copies of documents shall be

prepared; and

(b) the manner of filing of such copies.

(3) All rules made under this section shall be published in the official
Gazette, and unless they are expressed to come into force on a
particular day, shall come into force on the day on which they are so
published.

(4) Every rule made under this section shall be laid as soon as may
be after it is made before each House of the State Legislature while it
is in session for a total period of thirty days which may be comprised
in one session or in two or more successive sessions and if before the
expiry of the session in which it is so laid or session immediately
following both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect,
as the case may be; so however, that any such modification or
annulment shall be without prejudice to the validity of anything
previously done under that rule".

(4) Nothing in this part shall apply to any document which is prepared
on a printed or lithographed form or which in the opinion of the
Registering Officer, is not in a fit condition to be photocopied.

(5) Notwithstanding anything contained in this part, in the case of

document containing a map, plan or trade mark label, if the party
presenting the document so desires, the registering officer may
accept three copies of such map, plan or trade mark label and where
such true copies are accepted, the map, plan or trade mark label shall
not be photocopied and such copies thereof shall be filed in the
appropriate file book.]

Karnataka:

6[After Part XI

The following Part and sections shall be substituted, namely:-

"PART XIA

REGISTRATION OF DOCUMENTS BY MEANS OF ELECTRONIC OR OTHER DEVICES

70A. Application of this part.-

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

This part shall apply only to the areas in respect of which a notification is
issued by the State Government under section 70C.

70B. Definition.-

In this part, "Process of Registration of documents by means of electronic or

other devices" shall mean and include scanning and preservation of
documents with the help of computers, scanners, compact disks, printers,
microfilming and any other device used for the purpose of storage and
retrieval when required.

70C. Process of registration of documents by means of electronic or other

device in the areas notified by the State Government.-

(1) The State Government may by notification direct that to any District or
Sub-District specified in this behalf process of registration by means of
electronic or other device shall be applicable and the documents admitted for
Registration under this Act may be scanned or Micro-filmed and their images
stored and preserved with the help of electronic or any other device.

(2) On the issue of such notification, it shall be pasted in a conspicuous place

at each registration offices affected by the notification.

70D. Application of Act to areas notified under section 70C .-

In any District or Sub-Districts in respect of which notification has been

issued under section 70C, the following provisions of the principal Act shall,
for the purpose of this part be subject to the following modifications,
namely:-

(a) in clause (2) of section 2, the words "and the information, storage
devices like floppy disk, hard disk or compact disk etc., Micro-film or
any other media-shall be inserted at the end;

(b) in section 16, for sub-section (1), the following shall be

substituted, namely:-

" (1) The State Government shall provide for the office of Registering
Officer the books and the information, or image processing and
storage devices like Micro-filming unit or Computer and scanners
along with the software prescribed by the Inspector General from
time to time necessary for the purpose of this Act.".

(c) in section 51, in sub-section (1), for the words " The following
books" the words, figures and brackets The following books and the
information or storage devices as specified in sub-section (1) of
section 16" shall be substituted.

(d) in clause (c) of sub-section (1) of section 52 after the words

"book appropriate there for" the word "or stored in the electronic or
other storage device" shall be inserted.
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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(e) in section 54, after the word "copied" the words "or stored in the
electronic or other storage device" shall be inserted.

(f) in sub-section (1) of section 60, after the word "copied" the words
" or where the document is stored in an electronic or other device the
certificate shall contain the word" Registered" with Document No,
Year, Book No and Date" shall be inserted.

(g) in section 61,-

(i) in the heading after the word "copied" the word "or stored in the
electronic or other storage device" shall be inserted.

(ii) after sub-section (1), the following shall be inserted, namely:-

"Provided that, where the process of registration is done by using

electronic or other devices, such endorsements and certificate shall
also be stored with it along with the copy of the map or plan.

Provided further that, the Registering Officer shall after the storage
for preservation of the document shall also endorse thereon on the
original, the reference to the serial No. of the file, pages and compact
disk or any other storage device, as the case may be, where such
document is preserved.".

(h) after clause (k) of sub-section (1) of section 69, the following
shall be inserted, namely:-

"(I) regulating the process of registration referred to in sub-section

(1) of section 70C by using electronic or other devices like Micro-
filming unit, computers, scanners, floppies, hard disks, compact disks
and printers including storage, retrieval and preservation and also the
manner in which documents are indexed and certified copies,
encumbrance certificates issued.".

(i) in section 89, in sub-sections (1), (2), (3) and (4) the following
shall be inserted at the end, namely:-

" or shall get the same scanned, stored and preserved on the
electronic or other device, as the case may be.".

70E. Evidentiary value of copy of certain documents registered through the

process of registration by means of electronic or other devices or by other
methods.-

Notwithstanding anything contained in this Act or any other law for the time
being in force, a copy of any document registered through the process of
registration by means of electronic or other devices or by any other method

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

and certified or attested by the Registering Officer in charge of the office

shall also be received in evidence of any transaction as is described in the
said document.

70F. Saving.-

Nothing in this part shall apply,-

(1) to any document which in the opinion of the Registering Officer is

not in a condition fit to be processed by means of electronic or other
devices;

(2) in the case of unforeseen eventuality like break-down of the

electronic or other devices of registration:

Provided that the Registering Officer shall record in writing the

reasons therefor.

Provided further that the Registering Officer shall ensure that the
data and images of the documents registered during the period of
non-application of this part due to a break-down of electronic or other
device are duly incorporated into the system, after the same is re-
stored in the manner specified in the rules by the Inspector General
of Registration.

70G. Powers of the State Government under this Chapter.-

Where for any reason, the State Government is satisfied that, the process of
Registration by means of electronic or other device is not possible in respect
of all documents in any office to which this chapter applies, may direct by
notification published in the official Gazette to copy such documents in the
books kept in the office and in accordance with the rules made for this
purpose."]

Karnataka:

7[After Part XI

The following Part and sections shall be substituted, namely:-

“PART XIA

REGISTRATION OF DOCUMENTS BY MEANS OF ELECTRONIC OR  OTHER DEVICES

70A. Application of this part.-  

This part shall apply only to the areas in respect of which a notification is
issued by the State Government under section 70C.

70B. Definition.- 

In this part, “Process of Registration of documents by means of electronic or

other devices” shall mean and include scanning and preservation of

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

documents with the help of computers, scanners, compact disks, printers,

micro-filming and any other device used for the purpose of storage and
retrieval when required.

70C. Process of registration of documents by means of electronic or other

device in the areas notified by the State Government.-

 (1) The State Government may by notification direct that to any District or
Sub-District specified in this behalf process of registration by means of
electronic or other device shall be applicable and the documents admitted for
Registration under this Act may be scanned or Micro-filmed and their images
stored and preserved with the help of electronic or any other device.

(2) On the issue of such notification, it shall be pasted in a conspicuous place

at each registration offices affected by the notification.

70D. Application of Act to areas notified under section 70C .-

In any District or Sub-Districts in respect of which notification has been

issued under section 70C, the following provisions of the principal Act shall,
for the purpose of this part be subject to the following modifications,
namely:-

(a) in clause (2) of section 2, the words “and the information, storage
devices like floppy disk, hard disk or compact disk etc., Micro-film or
any other media” shall be inserted at the end;

(b) in section 16, for sub-section (1), the following shall be

substituted, namely:-

“ (1) The State Government shall provide for the office of Registering
Officer the books and the information, or image processing and
storage devices like Micro-filming unit or Computer and scanners
along with the software prescribed by the Inspector General from
time to time necessary for the purpose of this Act.”.

(c) in section 51, in sub-section (1), for the words “ The following
books” the words, figures and brackets “The following books and the
information or storage devices as specified in sub-section (1) of
section 16” shall be substituted.

(d) in clause (c) of sub-section (1) of section 52 after the words

“book appropriate therefor” the word “or stored in the electronic or
other storage device” shall be inserted.

(e) in section 54, after the word “copied” the words “or stored in the
electronic or other storage device” shall be inserted.

(f) in sub-section (1) of section 60, after the word “copied” the words
"or where the document is stored in an electronic or other device the
certificate shall contain the word “ Registered” with Document No,
Year, Book No. and Date” shall be inserted.

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(g) in section 61,-

(i) in the heading after the word “copied” the word “or stored in the
electronic or other storage device” shall be inserted.

(ii) after sub-section (1) , the following shall be inserted, namely:-

“Provided that, where the process of registration is done by using

electronic or other devices, such endorsements and certificate shall
also be stored with it along with the copy of the map or plan:

Provided further that, the Registering Officer shall after the storage
for preservation of the document shall also endorse thereon on the
original, the reference to the serial No. of the file, pages and compact
disk or any other storage device, as the case may be, where such
document is preserved.”.

(h) after clause (k) of sub-section (1) of section 69, the following
shall be inserted, namely:-

“(l) regulating the process of registration referred to in sub-section

(1) of section 70C by using electronic or other devices like Micro-
filming unit, computers, scanners, floppies, hard disks, compact disks
and printers including storage, retrieval and preservation and also the
manner in which documents are indexed and certified copies,
encumbrance certificates issued.”.

(i) in section 89, in sub-sections (1), (2), (3) and (4) the following
shall be inserted at the end, namely:-

“ or shall get the same scanned, stored and preserved on the

electronic or other device, as the case may be.”.

70E. Evidentiary value of copy of certain documents registered through the

process of registration by means of electronic or other devices or by other
methods.- 

Notwithstanding anything contained in this Act or any other law for the time
being in force, a copy of any document registered through the process of
registration by means of electronic or other devices or by any other method
and certified or attested by the Registering Officer in charge of the office
shall also be received in evidence of any transaction as is described in the
said document.

70F. Saving.-  

Nothing in this part shall apply,-

(1) to any document which in the opinion of the Registering Officer is

not in a condition fit to be processed by means of electronic or other
devices;

(2) in the case of unforeseen eventuality like break-down of the

electronic or other devices of registration:

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

Provided that the Registering Officer shall record in writing the

reasons therefor:

Provided further that the Registering Officer shall ensure that the
data and images of the documents registered during the period of
non-application of this part due to a break-down of electronic or other
device are duly incorporated into the system, after the same is re-
stored in the manner specified in the rules by the Inspector General
of Registration.

70G. Powers of the State Government under this Chapter.-  

Where for any reason, the State Government is satisfied that, the process of
Registration by means of electronic or other device is not possible in respect
of all documents in any office to which this chapter applies, may direct by
notification published in the official Gazette to copy such documents in the
books kept in the office and in accordance with the rules made for this
purpose.”.]]]

4[Maharashtra:

After Part XI of the main Act insert the following Part XIA, namely:--

"PART XIA

OF THE COPYING OF DOCUMENTS BY MEANS OF PHOTOGRAPHY

70A. Application of this Part.--

This Part shall apply to the areas only in respect of which a notification is
issued by the Provincial Government under section 70C.

70B. Definitions.--In this Part--

(1) "Government Photo Registry" means the office where documents are
photographed under the provisions of this Part.

(2) "Manager, Government Photo Registry" means the person in charge of

the Government Photo Registry.

(3) "Photo Registrar" means any person appointed by the Provincial

Government to perform the duties of Photo Registrar under this Part.

70C. Documents may be photographed in areas notified by State

Government.--

(1) The State Government may, by notification in the Official Gazette, direct
that in any district or sub-district specified in the notification copies of
documents admitted to registration under this Act shall be made by means of
photography.

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(2) On the issue of such notification it shall be translated into the vernacular
of the district and shall be posted in a conspicuous place at the registration
offices affected by the notification.

70D. Application of Act to areas notified under section 70C.--

In any district or sub-district in respect of which a notification has been

issued under section 70C the provisions of this Act shall, for the purposes of
this Part, be subject to the following modifications, namely:--

(1)        (a) Every document admitted to registration under section 35 or

section 41 shall be carefully marked with an identification stamp and the
serial number of the document on every page.

(b) It shall then be transmitted by the registering officer to the

Manager, Government Photo Registry who shall cause, each side of
each page of such document together with all stamps, endorsements,
seals, signatures, thumb-impressions land certificates appearing
thereon to be photographed without substraction or alteration. He
may for this purpose cut or untie, without breaking any seals, the
thread or ribbon where with the pages of the document are sewn
together in order to separate the pages of the document and as soon
as the document has been photographed he shall rebind the
document as before and if he has cut the thread or ribbon shall seal it
over the joint with his seal:

Provided that before transmission of the document to the Manager,

Government Photo Registry the party presenting the document may
require the registering officer to have it copied by hand under section
52 on payment of an additional copying fee.

(c) There shall then be prepared and preserved the negative and at
least one photographic print and to each such negative and print the
Photo Registrar shall fix his signature and seal in token of the exact
correspondence of the copy of the original document, as admitted for
registration:

Provided that when more than one such negative is recorded on one
length of film and the Photo Registrar has affixed his signature and
seal at the end of such length of film certifying in the manner
prescribed by rules made in this behalf the exact correspondence of
all copies on such length of film with the original documents, the
Photo Registrar shall be deemed to have affixed his signature and
seal to each such negative on such length of film:

Provided further that in case of documents containing plans or maps

the negatives of such plans and maps may be prepared on paper
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3/11/22, 8:21 PM REGISTRATION ACT, 1908

instead of on films and where the negatives are so prepared, the

Photo Registrar shall fix his signature and seal separately to each
such negative and print of such plan or map in token of the exact
correspondence of the copy to the original map or plan contained in
the document as admitted for registration.

(d) One set of such prints arranged in the order of their serial
numbers shall be made up into books and sewn or bound together.
To each such book the Registrar or Sub-Registrar shall prefix a
certificate of the serial numbers it contains, and the books shall then
be preserved in the records of the Sub-Registrar. The negatives shall
be preserved in such suitable place as the Inspector-General may
prescribe:

Provided that prints of plants or maps contained in documents may

either be bound with the prints of such documents or filed separately
in such manner as the Inspector-General may direct.

(2) All words and expressions used in the Act with reference to the making of
copies of documents by hand or the entering or filing of documents or
memorandum in book provided under section 16 shall, so far as may be
necessary, be construed as referring to the making of such copies by means
of photography or the entering or filing of documents or memoranda in
books made up of copies prepared by means of photography.

(3) Where this Part applies the sections mentioned below shall be deemed to
be modified as follows:

(a) in section 19 the words "and also by a true copy" shall be

omitted;

(aa) sub-section (2) of section 20 shall be omitted;

(b) sub-section (4) of section 21 shall be omitted;

(c) the words "according to the order of its admission" occurring in

clause (c) of sub-section (1) of section 52 shall be omitted;

(d) section 53 shall be omitted;

(e) in sub-section (1) of section 60 the words "and page" shall be

omitted;

(f) sub-section (1) of section 61 shall be omitted;

(g) in sub-section (1) of section 62,--

(i) for the words "transcribed" the word 'copied' shall be substituted;
and

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(ii) for the Words and figures "copy referred to in section 19", the
words "photograph of the original" shall be substituted.

70F. Savings.--

(1) Nothing in this Part shall apply to any document which is prepared on a
printed or lithographed form or which in the opinion of the registering officer
is not in a fit condition to be photographed.

(2) Notwithstanding anything contained in this Part, in the case of any

document containing a map, plan or trade mark label, if the party presenting
the document so desires, the registering officer may accept true copies of
such map, plan or trade mark label and where such true copies are accepted,
the map, plan or trade mark label shall not be photographed and such copies
thereof shall be filed in the appropriate book."]

[Puducherry

8[In Part XI

The following Part-XI-A shall be inserted, namely:-

"PART--XI-A

Registration of documents by means of electronic devices

70.A. Application of this part.--

This part shall apply to the areas in respect of which a notification is

issued by the Government of Puducherry under section 70-B.

70-B. Documents scanned by electronic devices in areas notified by

the Government.-

(1) The State Government may, by notification, in the official gazette,

direct that in any office as may be specified therein, the process of
registration of any category or categories of documents may be
completed and copying done with the help of the electronic devices
like computers, scanners and the compact disks and copies preserved
on such devices and retrieved when required.

(2) Notwithstanding anything contained in this Act or any other law

for the time being in force, a copy of any document registered and
scanned using the electronic devices and certified or attested by the
registering officer in charge of the office shall also be received in
evidence of any transaction as is described in the said document.

70-C. Saving.-Nothing in this part shall apply,--

(i) to any document which in the opinion of registering officer is not in

a condition fit to be processed by means of electronic devices;

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(ii) in the case of unforeseen eventuality like breakdown of the

computerised system of registration:

Provided that the registering officer shall record the reasons in writing
therefor:

Provided further that the registering officer shall ensure that the data
and images of the document registered during the period of non-
application of this part due to a breakdown of the computerised
system, are duly incorporated into the computer system, after the
same is restored, in the manner prescribed by the Inspector-General
of Registration.]

1. Vide Andhra Pradesh Act 16 of 1999, section 6 (w.e.f. 31-12-1998).

2. Vide Act 11 of 1960, section 87 and Gujarat A.L.O., I960.

3. Vide Karnataka Act 41 of 1984, section 5 (w.e.f. 7-11-1986).

4. Vide Bombay Acts 17 of 1930 section 3 (w.e.f. 4-9-1930), 18 of 1933, 24 of 1938 read with 35 of 1958, section 2 (w.e.f. 24-

4-1958).

5. Inserted by Registration (Karnataka Amendment) Act, 1984.

6. Substituted by Registration (Karnataka Amendment) Act, 2000.

7. Substituted by Registration (Karnataka Amendment) Act, 2001.

* Section 5 has been repealed by Registration (Karnataka Amendment) Act, 2000 (Karnataka Act 32 of 2001)

8. Inserted by Registration (Puducherry Amendment) Act, 2004.

9. Inserted by the Registration (Tamil Nadu Second Amendment) Act, 2000.

Section 71 - Reasons for refusal to register to be recorded

(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to
which it relates is not situate within his sub-district, shall make an order of refusal and record his
reasons for such order in his Book No. 2, and endorse the words "registration refused" on the
document; and, on application made by any person executing or claiming under the document,
shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

(2) No registering officer shall accept for registration a document so endorsed unless and until,
under the provisions hereinafter contained, the document is directed to be registered.

STATE AMENDMENTS

KERALA

1[In Section 71

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The following sub-section shall be inserted, namely:--

"(3) No registering officer shall accept for registration any document

involving transfer of property including contract for sale of immovable
property belonging to or vested in the Government of Kerala or public sector
undertakings operating in the State or local self government institutions
unless it is accompanied by a no objection certificate issued by an officer
authorised by the State Government in this behalf.".]]]

1. Inserted by Registration (Kerala Amendment) Act, 2012.

Section 72 - Appeal to Registrar from orders of Sub-Registrar refusing registration on ground

other than denial of execution

(1) Except where the refusal is made on the ground of denial of execution, an appeal shall lie
against an order of a Sub-Registrar refusing to admit a document to registration (whether the
registration of such document is compulsory or optional) to the Registrar to whom such Sub-
Registrar is subordinate, if presented to such Registrar within thirty days from the date of the
order; and the Registrar may reverse or alter such order.

(2) If the order of the Registrar directs the document to be registered and the document is duly
presented for registration within thirty days after the making of such order, the Sub-Registrar shall
obey the same, and thereupon shall, so far as may be practicable, follow the procedure prescribed
in sections 58, 59 and 60; and such registration shall take effect as if the document had been
registered when it was first duly presented for registration.

Section 73 - Application to Registrar where Sub-Registrar refuses to register on ground of

denial of execution

(1) When a Sub-Registrar has refused to register a document on the ground that any person by
whom it purports to be executed, or his representative or assign, denies its execution, any person
claiming under such document, or his representative, assign or agent authorized as aforesaid,
may, within thirty days after the making of the order of refusal, apply to the Registrar to whom
such Sub-Registrar is subordinate in order to establish his right to have the document registered.

(2) Such application shall be in writing and shall be accompanied by a copy of the reasons
recorded under section 71, and the statements in the application shall be verified by the applicant
in manner required by law for the verification of plaints.

Section 74 - Procedure of Registrar on such application

In such case, and also where such denial as aforesaid is made before a Registrar in respect of a
document presented for registration to him, the Registrar shall, as soon as conveniently may be,
enquire--

(a) whether the document has been executed;

(b) whether the requirements of the law for the time being in force have been complied with on
the part of the applicant or person presenting the document for registration, as the case may
be, so as to entitle the document to registration.

Section 75 - Order by Registrar to register and procedure thereon

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(1) If the Registrar finds that the document has been executed and that the said requirements
have been complied with, he shall order the document to be registered.

(2) If the document is duly presented for registration within thirty days after the making of such
order, the registering officer shall obey the same and thereupon shall, so far as may be
practicable, follow the procedure prescribed in sections 58, 59 and 60.

(3) Such registration shall take effect as if the document had been registered when it was first duly
presented for registration.

(4) The Registrar may, for the purpose of any enquiry under section 74, summon and enforce the
attendance of witness, and compel them to give evidence, as if he were a Civil Court and he may
also direct by whom the whole or any part of the costs of any such enquiry shall be paid, and such
costs shall be recoverable as if they had been awarded in a suit under the Code of Civil Procedure,
1908 (5 of 1908).

Section 76 - Order of refusal by Registrar

(1) Every Registrar refusing--

(a) to register a document except on the ground that the property to which it relates is not
situate within his district or that the document ought to be registered in the office of a Sub-
Registrar, or

(b) to direct the registration of a document under section 72 or section 75,

shall make an order of refusal and record the reasons for such order in his Book No. 2, and, on
application made by any person executing or claiming under the document, shall, without
unnecessary delay, give him a copy of the reasons so recorded.

(2) No appeal lies from any order by a Registrar under this section or section 72.

Section 77 - Suit in case of order of refusal by Registrar

(1) Where the Registrar refuses to order the document to be registered, under section 72 or a
decree section 76, any person claiming under such document, or his representative, assign or
agent, may, within thirty days after the making of the order of refusal, institute in the Civil Court,
within the local limits of whose original jurisdiction is situate the office in which the document is
sought to be registered, a suit for a decree directing the document to be registered in such office if
it be duly presented for registration within thirty days after the passing of such decree.

(2) The provisions contained in sub-sections (2) and (3) of section 75 shall, mutatis mutandis,
apply to all documents presented for registration in accordance with any such decree, and,
notwithstanding anything contained in this Act, the documents shall be receivable in evidence in
such suit.

Section 78 - Fees to be fixed by State Government

1[***] The 2[State Government] shall prepare a table of fees payable--

(a) for the registration of documents;

(b) for searching the registers;

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(c) for making or granting copies of reasons, entries or documents, before on or after
registration;

and of extra or additional fees payable--

(d) for every registration under section 30;

(e) for the issue of commissions;

(f) for filing translations;

(g) for attending at private residences;

(h) for the safe custody and return of document; and

(i) for such other matters as appear to the Government necessary to effect the purposes of this
Act.

[STATE AMENDMENTS

3[Kerala:

Renumber section 78 as sub-section (1) thereof and after it insert the following as sub-section (2),
namely:--

"(2) The State Government may, if in their opinion it is necessary in the public interest so to
do, by order published in the Official Gazette, remit the fees payable in respect of any of the
matters enumerated in clauses (a) to (i) of sub-section (1) either generally or for any particular
class or classes of cases and in respect of persons generally or of any particular class or classes
of persons."]

12[In Section 78

The following sub-section shall be inserted, namely:-

"(2) The State Government may, if in their opinion it is necessary in the public interest so
to do, by order published in the Official Gazette, remit the fees payable in respect of any of
the matters enumerated in clauses (a) to (i) of sub-section (1), either generally or for any
particular class or classes of cases and in respect of persons generally or of any particular
class or classes of persons."]

4[Pondicherry:

Section 78 be renumbered as sub-section (1), insert sub-section (2) as under--

"(2) The State Government, if it is of opinion that there are reasonable grounds for doing so,
may, by order published in the Official Gazette, remit in the whole or any part of the Union
territory of Pondicherry, any fee or fees payable in respect of any matter or matters
enumerated in clauses (a) to (i) of sub-section (1), either generally or for any particular class
or classes of cases and in respect of persons generally or of any particular class or classes of
persons."

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5[Rajasthan:

Section 78 be renumbered as sub-section (1), insert sub-section (2), as under--

"(2) The State Government may, if in its opinion it is necessary in the public interest so to do,
by order published in the Official Gazette, remit or reduce the fees payable in respect of any of
the matters enumerated in clauses (a) to (i) of subsection (1), either generally or for any
particular class or classes of cases and in respect of persons generally or of any particular class
or classes of persons." 

6[West Bengal:

Renumber section 78 as sub-section (1) thereof and after it, insert the following subsection,
namely:--

"(2) The State Government, if it is of opinion that there are reasonable grounds for doing so,
may, by order published in the Official Gazette, remit in the whole or any part of West Bengal
any fee or fees in respect of any matter or matters enumerated in clauses (a) to (i) of sub-
section (1), either generally or for any particular class or classes of cases and in respect of
persons generally or of any particular class or classes of persons."

14[In Section 78

The Principal Act, shall be renumbered as sub-section (1) of  section 78 and to the said section as
so renumbered, the following sub-section shall be added, namely:—

"(2) The State Government, if it is of opinion that there are reasonable grounds for doing
so, may, by order published in the Official Gazette, remit in the whole or any part of West
Bengal any fee or fees in respect of any matter or matters enumerated in clauses (a) to (i)
of sub- section (1), either generally or for any particular class or classes of cases and in
respect of persons generally or of any particular class or classes of persons.".]

Section 78A

7[Goa:

After section 78, insert as under--

"78A. Power to reduce or remit fees.--If the Government of Goa, Daman and Diu is satisfied
that it is necessary in the public interest so to do, it may, by notification in the Official Gazette,
reduce or remit, whether prospectively or retrospectively, in the whole or any part of the
territory, any fee or fees payable in respect of any of the matters enumerated in clauses (a) to
(i) of section 78, either generally or for any particular class or classes of cases and in respect of
persons generally or any particular class or classes of persons."

8[Tamil Nadu:

In its application to the State of Tamil Nadu, after section 78, added the following new section,
namely,--

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

"78A.Power to reduce or remit fees.--The State Government may, if in their opinion it is

necessary in the public interest so to do, by order published in the Tamil Nadu Government
Gazette, reduce or remit, whether prospectively or retrospectively, the fees payable in respect
of any of the matters enumerated in clauses (a) to (i) of section 78, either generally or for any
particular class of cases and in respect of any person or class of persons."

9[Uttar Pradesh:

After section 78, insert as under--

"78A. Power to reduce or, remit fees.--The State Government may by rule or order published in
the official Gazette, reduce or remit, whether prospectively or retrospectively, in the whole or
any part of the territories under its administration, the fees chargeable in respect of any
instrument or class of instruments, or in respect of any class of instruments when executed by
or in favour of the State Government or any person or class of persons."

15[In its application to the State of Uttar Pradesh, after Section 78-A, insert the following new
section, namely,-

"78-B. Payment of registration fees in the form of adhesive labels and allowance thereof.-

(1) The fee for the registration of a document may be charged in the form of
adhesive labels for which the Inspector-General of Registration may, with the prior
approval of the State Government, make rules to regulate supply and sale thereof,
the persons by whom alone such sale is to be conducted and the duties and
remuneration of and the fees chargeable from such persons.

(2) The District Register may, on an application of a person, make allowance for the
spoiled, misused or unused adhesive labels purchased for the registration of a
document in accordance with the rules made by the Inspector-General of
Registration with the prior approval of the State Government".]

10[Orissa:

After Section 78 of the principal Act, the following section shall be inserted, namely :

"78-A. Power to remit fees.-- 

The State Government, if it is of the opinion that any instrument which involves
donation of property for public charitable purpose, or involves exchange of land on
the initiative of the State Government in the public interest, may, by order
published in the Gazette, remit the fees payable in respect of any such instrument.]

[Assam

11[After Section 78

the following new section 78A shall be inserted, namely:-

78A. "Power to reduce or remit fees.

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

The State Government may, if in its opinion it is necessary in the public interest so
to do, by order published in the Official Gazette, reduce or remit the fees payable in
respect of any of the matters enumerated in clauses (a) to (i) of section 78, either
generally or for any particular class of cases and in respect of persons generally or
of any particular class or classes of persons, or in respect of any particular class or
classes of instruments."]

[Uttarakhand

13[After Section 78

The following section shall be inserted; namely:-

"78-B        (1) The fee for the registration of a document may be charged in the form of
adhesive labels for which the Inspector-General of Registration may, with the prior approval
of the State Government, make rules to regulate supply and sale thereof, the persons by
whom alone such sale is to be conducted and the duties and remuneration of and the fees
chargeable from such persons.

(2) The District Registrar may, on an application of a person, make allowance for
the spoiled, misused or unused adhesive labels purchased for the registration of a
document is accordance with the rules made by the Inspector-General of
Registration with the prior approval of the State Government."]]]

1. The words "Subject to the control of the "Governor-General in Council" omitted by Act 38 of 1920, section 2. and Schedule I.

2. Substituted  by the A.O. 1950, for "Provincial Government".

3. Vide Kerala Act 7 of 1968, section 14

(w.e.f. 22-2-1968).

4. Vide Regulation 2 of 1977, section 3

(w.e.f. 1-4-1977).

5. Vide Rajasthan Act 16 of 1976, section 4

(w.e.f. 13-2-1976).

6. Vide West Bengal Act 8 of 1956, section 3 (27-1-1956).

7. Vide Goa Act 14 of 1985, section 2 (27-6-1985).

8. Vide Tamil Nadu Act 1 of 1998, section 2

(w.e.f. 2-3-1998).

9. Vide Uttar Pradesh Act 48 of 1975, section 4

(w.e.f. 1-11-1975).

10. Vide Orissa (Act No. 8 of 2002) dated 24.05.2002.

11. Inserted by
Registration (Assam Amendment) Act, 2013.

12. Inserted by
Indian Registration (Kerala Amendment) Act, 1968.

13. Inserted by
Indian Registration (Uttarakhand Amendment) Act, 2011.

14. Added by
Indian Registration (West Bengal Amendment) Act, 1955 (Act 06 of 1956).

15. Inserted by Uttar Pradesh Act 36 of 2001, Section 24

(w.e.f. 20.05.2002).

Section 79 - Publication of fees

A table of the fees so payable shall be published in the Official Gazette, and a copy thereof in English
and the vernacular language of the district shall be exposed to public view in every registration office.

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Section 80 - Fees payable on presentation

All fees for the registration of documents under this Act shall be payable on the presentation of
such documents.

[STATE AMENDMENTS

ANDHRA PRADESH:

1[After section 80 of the principal Act, the following section shall be inserted, namely:--

"80A. Recovery of deficit registration fees.--

(1) Notwithstanding anything contained in section 80, if after the registration

of document, it is found that the fee payable under this Act in relation to that
document has not been paid or has been insufficiently paid, such fee or the
deficit in the fee paid, as the case may be, may, on a certificate of the
registering officer be recovered from the person who represented such
document for registration under section 32, as an arrear of a land revenue:

Provided that no such certificate shall be granted unless due inquiry is

made and such person is given an opportunity of being heard:

Provided further that no such enquiry shall be commenced after the

expiry of such period, after the date of the registration of the
document, as may be prescribed.

(2) The certificate of the registering officer under sub-section (1) shall,
subject to appeal under sub-section (3), be final and shall not be called in
question in any Court or before any authority.

(3) Any person aggrieved by a certificate of the registering officer under sub-
section (1) may appeal to the Registrar if it is a certificate of the Sub-
Registrar, or to the Inspector-General of Registration if it is a certificate of
the Registrar. All such appeals shall be preferred within such time and shall
be heard and disposed of in such manner, as may be prescribed.

(4) The Government or the Inspector-General of Registration and Stamps

may write off the irrecoverable arrears of deficit registration fee subject to
such conditions as may be prescribed."

GUJARAT:

2[After section 80, insert as under:

"80A. Recovery of deficit amount or registration fee as arrear of land revenue and
provision for refund.--

(1) If, on inspection or otherwise, it is found that the fee payable under this
Act in relation to any document which is registered has not been paid or has
been insufficiently paid, such fee may (after failure to pay the same on
demand within the period specified therein), on a certificate of the Inspector
General of Registration, be recovered from the person who presented such
document for registration under section 32 as an arrear of land revenue. The
certificate of the Inspector General of Registration shall be final and shall not
be called in question in any court or before any authority:

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Provided that no such certificate shall be granted unless due inquiry is

made and such person is given an opportunity of being heard.

(2) Where the Inspector General of Registration finds that the amount of fee
in excess of that which is legally chargeable, has been charged and paid
under the provisions of this Act, he may upon an application in writing or
otherwise refund the excess."

HARYANA:

3[After section 80, insert as under:

"80A. Deficit amounts of fees payable and their recovery.--

(1) If the value of the property or the considerations, as the case may be,
has been increased under section 47A of the Indian Stamp Act, 1899, the
consequential increase in the fee for the registration of documents under this
Act, shall be paid by the person liable to pay the same within a period of
thirty days from the date the order of determination of the value of the
property or the consideration, as the case may be, is communicated to him.

(2) The fee payable under sub-section (1) may be recovered as an arrear of
land revenue."

2[After Section 80

The following new section shall be inserted, namely:-

"80-A. Deficient amounts of fees payable and their recovery.--

(1) If the value of the property or the consideration, as the case may
be, has been increased under Section 47-A of the Indian Stamp Act,
1889, the consequential increase in the fee for the registration of
documents under this Act, shall be paid by the person liable to pay
the same within a period of thirty days from the date the order of
determination of the value of the property or the consideration, as
the case may be, is communicated to him.

(2) The fee payable under sub-section (1) may be recovered as an

arrear of land revenue."]

HIMACHAL PRADESH:

4[After section 80, insert as under:

"80A. Recovery of registration fees as arrears of land revenue and provision for
refund.--

(1) If on inspection, or otherwise, it is found that the fee payable under this
Act in relation to any document which is registered has not been paid or has
been insufficiently paid, such fee may, after failure to pay the same on
demand within a specified period, on a certificate of the registering authority
concerned, be recovered from the person who presented such document for
registration under section 32 as an arrear of land revenue.

(2) Where the Registrar finds the amount of fee in excess of that which is
legally chargeable has been charged and paid under the provisions of this

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Act, he may, upon an application in writing or otherwise, refund the excess."

KARNATAKA:

5[After section 80, insert as under:

"80A. Recovery of registration fee not levied or short levied, etc.--

(1) If on inspection or otherwise, it is found that the fee payable under this
Act in relation to any document which is registered has not been paid or has
been insufficiently paid, such fee may, on a certificate of the Inspector-
General of Registration, be recovered from the person who presented such
document for registration, as an arrear of land revenue. The certificate of the
Inspector-General shall be final and shall not be called in question in any
court or before any authority:

Provided that no such certificate shall be granted without giving such

person,--

(i) an opportunity of being heard; and

(ii) an opportunity to pay the amount of fee found due from him.

(2) If on inspection or otherwise the Inspector-General of Registration finds

that the amount of fees charged and paid under the provisions of this Act is
in excess of that which is legally chargeable, he may, upon an application in
writing or otherwise, refund the excess fee so charged and paid.

(3) Nothing in sub-sections (1) and (2) shall apply to instruments executed
prior to first day of April, 1972."

19[After Section 80A

The following section shall be inserted, namely:-

"80A. Deficient amount of fees payable and their recovery.-  

(1) If the value of the property has been increased under section 45A
of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957),
consequential increase in the fee for the registration of documents
under this Act shall be paid by the person liable to pay the same
within a period of thirty days from the date, the order determining
the market value of the property is communicated to him.

(2) The fee payable under sub-section (1) may be recovered as an

arrear of land revenue".]

20[After Part XIII

The following Part shall be inserted, namely:-

"PART XIII-A

OF DEED WRITERS

80B. Deed Writers to hold licences.-

No person other than an advocate or other legal practitioner, shall for

payment, write deeds unless he holds a licence granted in accordance
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with rules made under section 69".]

21[After Section 80

The following section shall be and shall be deemed to have been inserted with effect
from the first day of April, 1972, namely:-

"80A.- Recovery of registration fee not levied or short levied etc.-

(1) If on inspection or otherwise, it is found that the fee payable

under this Act in relation to any document which is registered has not
been paid or has been insufficiently paid, such fee may, on a
certificate of the Inspector-General of Registration, be recovered from
the person who presented such document for registration, as an
arrear of land revenue. The certificate of the Inspector-General shall
be final and shall not be called in question in any court or before any
authority:

Provided that no such certificate shall be granted without giving such

person,-

(i) an opportunity of being heard; and

(ii) an opportunity to pay the amount of fee found due from him.

(2) If on inspection or otherwise the Inspector-General of Registration

finds that the amount of fees charged and paid under the provisions
of this Act is in excess of that which is legally chargeable, he may,
upon an application in writing or otherwise, refund the excess fee so
charged and paid.

(3) Nothing in sub-sections (1) and (2) shall apply to instruments

executed prior to first day of April 1972".]

MADHYA PRADESH:

6[After section 80 the following section shall be inserted, namely:--

"80A. Recovery of deficient registration fees as arrears of land revenue.--If on

inspection or otherwise, it is found that the fees payable under this Act in relation to
any document which is registered has been insufficiently paid, the deficient amount
of fee shall after failure to pay the same on demand within the prescribed period, be
recoverable from the person who presented such document, as arrears of land
revenue."

MAHARASHTRA:

7[After section 80, insert the following, namely:--

"80A. Recovery of fees and provision for refund.--

(1) If on inspection or otherwise, it is found that any fee payable under this
Act has not been paid or has been paid insufficiently, such fee may (after
failure to pay the same on demand within the period specified therein), on a
certificate of the Inspector-General of Registration, be recovered as an arrear
of land revenue from the person from whom such demand is made. The

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

certificate of the Inspector-General shall be final and shall not be called in

question in any court or before any authority:

Provided that no such certificate shall be granted unless due inquiry is

made and such person is given an opportunity of being heard.

(2) Where the Inspector-General of Registration finds the amount of fee in

excess of that which is legally chargeable has been charged and paid under
the provisions of this Act, he may, upon an application in writing or
otherwise, refund the excess."

ORISSA:

8[After section 80, insert as under:

"80A. Recovery of deficient registration fees as arrears of land revenue.--If on

inspection or otherwise, it is found that the fee payable under this Act in relation to
any document which is registered has been insufficiently paid, the deficient fee
shall, after failure to pay the same on demand within the prescribed period, be
recoverable from the person who presented such document as arrears of land
revenue."

17[After section 80 of the Registration Act, 1908 (Central Act 16 of 1908), the following
section shall be inserted, namely:--

80A. Recovery of registration fees in certain cases.--

If on inspection or otherwise it is found that the fee payable under this Act in
relation to any document which is registered has not been paid or has been
insufficiently paid or that the fee paid has subsequently been found to be
insufficient due to the fact that the value of the property or the
consideration, as the case may be, has not been truly set forth in the
document, such fee or the difference between the fee paid and the fee due,
as the case may be, may on a certificate by the Inspector General of
Registration or an officer authorised by him in that behalf, be recovered from
the person who presented such document for registration under section 32,
as an arrear of public revenue due on land under the provisions of the
Revenue Recovery Act for the time being in force:

Provided that no such certificate shall be granted unless enquiry in

the prescribed manner has been held and such person has been given
a reasonable opportunity of being heard:

Provided further that no such certificate shall be granted after the

expiry of a period of three years from the date of presentation of the
document under section 32.]

PUNJAB:

9[After section 80, insert as under:

"80A. Duty of Collector in proceedings under section 47A of the Indian Stamp Act,
1899.--

(1) If during any proceedings under section 47A of the Indian Stamp Act,
1899, the Collector finds that the fee paid for registration of document under
this Act is in deficit, he shall while determining the duty, by an order, also
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3/11/22, 8:21 PM REGISTRATION ACT, 1908

determine the deficient amount of fee and shall send a copy of the order so
made to the concerned registering officer for the recovery of the amount of
fee found so deficient from the person liable to pay the deficient amount of
duty under the said section 47A in respect of such a document:

Provided that no order determining the deficient amount of fee shall

be made after the expiry of a period of three years from the date of
registration of the document.

(2) An order of the Collector under sub-section (1) shall be deemed to be an

order made by him under section 47A of the Indian Stamp Act, 1899.

(3) Any amount recoverable under this section, may be recovered as arrears
of land revenue.

80B. Recovery of deficient amount of fee as arrears of land revenue.--

(1) Where on inspection or otherwise, it is found that the fee payable under
this Act in relation to any registered document has not been paid or has been
insufficiently paid such fee or the deficient fee, as the case may be, if not
paid to the concerned registering officer on demand within the prescribed
period, may, on a certificate of the Inspector-General of Registration or of
the Registrar of a district, be recovered as arrear of land revenue from the
person who presented such a document for registration in terms of the
provisions of section 32:

Provided that,--

(i) no demand of fee as aforesaid shall be made after the expiry of a

period of three years from the date of registration of the document,
and

(ii) the certificate shall be issued after due enquiry and the person
concerned having been given an opportunity of being heard.

(2) The certificate issued under sub-section (1), shall be final and shall not
be called into question in any court or before any authority.

80C. Refund of excess fee.--

Where the Inspector General of Registration finds that the amount of fee
charged and paid is in excess to that which is legally chargeable and payable
under this Act, he may, upon an application in writing or otherwise, refund
the excess amount of fee so charged and paid."

RAJASTHAN:

10[After section 80, insert as under:

"80A. Duty of Collector in proceedings under sections 47A and 47C of the Indian
Stamp Act, 1899.--

(1) Where during the course of proceedings, if any, under section 47A or
section 47C of the Indian Stamp Act, 1899, the Collector is satisfied that the
fee for registration paid under this Act in respect of a document or
instrument is in deficit, he shall determine, in the course of such
proceedings, the deficient amount of fee and recover the same from the

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

person liable to pay the deficient amount of stamp duty under the said
section.

(2) The amount recoverable under this section shall be recovered as arrears
of land revenue.

80B. Recovery of deficient registration fee as arrears of land revenue.--

If on inspection or otherwise, it is found that the fee payable under this Act
in relation to any document which is registered has not been paid or has
been insufficiently paid, such fee may (after failure to pay the same on
demand within the prescribed period) on a certificate of Inspector-General of
Registration or any other officer appointed under section 8, be recovered
from the person liable to pay the stamp duty as arrears of land revenue.
Such certificate shall be final and shall not be called in question in any court
or before any authority:

Provided that no such certificate shall be granted unless due enquiry

is made and such person has been given an opportunity of being
heard."

TAMIL NADU:

11[After section 80, insert as under:

"80A. Recovery of deficit registration fee.--

(1) Notwithstanding anything contained in section 80, if, after the

registration of a document, it is found that the fee payable under this Act in
relation to that document has not been paid or has been insufficiently paid,
such fee or the deficit, as the case may be, may, on the certificate of the
registering officer, be recovered from the person who presented such
document for registration under section 32, as an arrear of land revenue:

Provided that no such certificate shall be granted unless due inquiry is

made and such person is given an opportunity of being heard:

Provided further that no such inquiry shall be commenced after the

expiry of such period, after the date of registration of the document,
as may be prescribed.

(2) The certificate of the registering officer under sub-section (1) shall,
subject only to appeal under sub-section (3), be final and shall not be called
in question in any court or before any authority.

(3) Any person aggrieved by a certificate of the registering officer under

subsection (1), may appeal to the Registrar if it is a certificate of the sub-
Registrar or to the Inspector-General of Registration if it is a certificate of the
Registrar. All such appeals shall be preferred within such time, and shall be
heard and disposed of in such manner, as may be prescribed."]

14[After Part XIII, insert as under:

"PART XIIIA

OF TOUTS

"80B. Powers to frame and publish lists of touts.--

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(1) Every Registrar of a district as regards his own office and the offices
subordinate thereto and every Sub-Divisional Magistrate as regards the
registration offices within his own jurisdiction may frame and publish lists of
persons proved to his satisfaction or to the satisfaction of any Sub-Registrar
as provided in section 80C, by evidence of general repute or otherwise,
habitually to act as torts, and may from time to time, alter and amend such
lists.

(2) No person's name shall be included in any such list until he shall have
had an opportunity of showing cause against such inclusion.

(3) Where the name of any person is included in a list framed and published
by a Sub-Divisional Magistrate under this section, such person may, within
thirty days of the publication of the list in which his name first appears, apply
in writing to the Registrar the district for the removal of his name from such
list and the orders of the Registrar, passed after such inquiry (if any) as he
considers necessary on such application shall be final.

80C. Inquiry by a Sub-Registrar regarding suspected touts.--

Any Registrar of a district or Sub-Divisional Magistrate may send to any Sub-

Registrar within the jurisdiction of such authority the name of any person
alleged or suspected to be a tout and request the Sub-Registrar to hold an
inquiry in regard of such person and the Sub-Registrar shall thereupon hold
an inquiry into the conduct of that person, and, after giving him an
opportunity of showing cause as provided in sub-section (2) of section 80B,
shall report to the authority who has made the request whether the person
has been proved to the satisfaction of the Sub-Registrar to be a tout; and
that authority may include the name of any person who has been so proved
to be a tout in the list of touts framed and published by him under sub-
section (1) of section 80B:

Provided that such authority shall hear such person who before his
name has been so included, appears before him and desires to be
heard.

80D. Display of lists of touts in registration offices.--

A copy of every such list shall be conspicuously displayed in every

registration office to which the same relates.

80E. Exclusion of touts from precincts of registration offices.--

A registering officer may, by general or special order, exclude from the

precincts of his registration office any person whose name is included in any
such list.

80F. Presumption as to touts found within precincts of registration offices.--

Every person who having been excluded from the precincts of a registration
office under section 80E is found within the precincts of any registration
office, without written permission from the registering officer shall be
deemed to be acting as a tout for the purposes of section 82A:

Provided that this section shall not apply where such person is a party
to a document intended for registration at such office or has been
directed to appear by any process of the registering officer.

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

80G. Arrest and trial of touts.--

(1) Any registering officer may, by an order in writing, direct any person
named in the order to arrest any such tout found within the precincts of the
registration office. Such tout may be arrested accordingly and shall be
forthwith produced before the registering officer.

(2) If the tout admits his offence the provisions of section 345 of the Code of
Criminal Procedure, 1973 (2 of 1974) shall be applicable, so far as may be,
to his detention, trial and punishment.

(3) If the tout does not admit his offence the provisions of section 346 of the
Code shall be similarly applicable to his detention, trial and punishment.

(4) A registering officer shall be deemed to be a Civil Court for the purposes
of sections 345 and 346 of the said Code."

22[After Part XIII

The following Part shall be inserted, namely:--

"PART XIII-A.

OF TOUTS.

80-B. Powers to frame and publish lists of touts.--

(1) Every Registrar of a district as regards his own office and the
offices subordinate thereto and every Sub-divisional Magistrate as
regards the registration offices within his own jurisdiction may frame
and publish lists of persons proved to his satisfaction or to the
satisfaction of any Sub-Registrar as provided in section 80-C, by
evidence of general repute or otherwise, habitually to act as touts,
and may from time to time; alter and amend such lists.

(2) No person's name shall be included in any such list until he shall
have had an opportunity of showing cause against such inclusion.

(3) Where the name of any person is included in a list framed and
published by a Sub-divisional Magistrate under this section, such
person may, within thirty days of the publication of the list in which
his name first appears, apply in writing to the Registrar of the district
for the removal of his name from such list and the orders of the
Registrar, passed after such inquiry (if any) as he considers
necessary on such application shall be final.

80-C. Inquiry by a Sub-Registrar regarding suspected touts.--

Any Registrar of a district or Sub-divisional Magistrate may send to

any Sub-Registrar within the jurisdiction of such authority the name
of any person alleged or suspected to be a tout and request the Sub-
Registrar to hold an inquiry in regard to such person; and the Sub-
Registrar shall thereupon hold an inquiry into the conduct of that
person, and, after giving him an opportunity of showing cause as
provided in sub-section (2) of section 80-B, shall report to the
authority who has made the request whether the person has been
proved to the satisfaction of the Sub-Registrar to be a tout; and that

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

authority may include the name of any person who has been so
proved to be a tout in the list of touts framed and published by him
under sub-section (1) of section 80-B:

Provided that such authority shall hear such person who, before his
name has been so included, appears before him and desires so be
heard.

80-D. Display of lists of touts in registration offices.--

A copy of every such list shall be conspicuously displayed in every

registration office to which the same relates.

80-E. Exclusion of touts from precincts of registration offices.--

A registering officer may, by general or special order, exclude from

the precincts of his registration office any person whose name is
included in any such list.

80-F. Presumption as to touts found within precincts of registration offices.--

Every person who having been excluded from the precincts of a

registration office under section 80-E is found within the precincts of
any registration office without written permission from the registering
officer shall be deemed to be acting as a tout for the purposes of
section 82-A:

Provided that this section shall not apply where such person is a party
to a document intended for registration at such office or has been
directed to appear by any process of the registering officer.

80-G. Arrest and trial of touts.--

(1) Any registering officer may, by an order in writing direct any

person named in the order to arrest any such tout found within the
precincts of the registration office. Such tout may be arrested
accordingly and shall be for with produced before the registering
officer.

(2) If the tout admits his offence the provisions of section 345 of the
Code of Criminal Procedure, 1973 (Central Act 2 of 1974), shall be
applicable, so far as may be, to his detention, trial and punishment.

(3) If the tout does not admit his offence the provisions of section
346 of the said Code shall be similarly applicable to his detention,
trial and punishment.

(4) A registering officer shall be deemed to be a Civil Court for the

purposes of sections 345 and 346 of the said Code.".]

23[After Section 80

The following section shall be inserted, namely:--

"80-A. Recovery of deficit registration fee.--

(1) Notwithstanding anything contained in section 80, if, after the

registration of a document, it is found that the fee payable under this

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

Act in relation to that document has not been paid or has been
insufficiently paid, such fee or the deficit, as the case may be, may,
on a certificate of the registering officer, be; recovered from the
person who presented such document for registration under section
32, as an arrear of land revenue:

Provided that no such certificate shall be granted unless due inquiry is

made and such person is given an opportunity of being heard:

Provided further that no such inquiry shall be commenced after the

expiry of such period, after the date of the registration of the
document, as may be prescribed.

(2) The certificate of the registering officer under sub-section (1)

shall, subject only to appeal under sub-section (3), be final and shall
not be called in question in any court or before any authority.

(3) Any person aggrieved by a certificate of the registering officer

under sub-section (1), may appeal to the Registrar if it is a certificate
of the Sub-Registrar or to the Inspector-General of Registration if it is
a certificate of the Registrar. All such appeals shall be preferred
within such time, and shall be heard and disposed of in such manner,
as may be prescribed.".]

UTTAR PRADESH:

12[After section 80, insert as under:

"80A. Duty of Collector in proceedings under section 47A of the Indian Stamp Act,
1899.--

(1) It shall be the duty of the Collector, if he is satisfied, during the

proceedings, if any, under section 47A of the Indian Stamp Act, 1899, that
the fee for registration paid under this Act in respect of a document is in
deficit, to determine in the course of such proceedings the deficient amount
of fee and to send a copy of the order made in the proceedings to the
registering officer for the recovery of the said amount from the person liable
to pay the deficient amount of stamp duty under the said section.

(2) An order of the Collector under sub-section (1) shall be deemed to be an

order made by the Collector under section 47A of the Indian Stamp Act,
1899 and shall be final.

(3) Any amount recoverable under this section may be recovered as arrears
of land revenue.

80B. Recovery of deficient registration fee as arrears of land revenue and provision
for refund for excess.--

(1) If on inspection or otherwise, it is found that the fee payable under this
Act in relation to any document which is registered has not been paid or has
been insufficiently paid, such fee may (after failure to pay the same on
demand within the prescribed period), on a certificate of Inspector-General
of Registration, Additional Inspector-General of Registration or Deputy
Inspector-General of Registration, be recovered from the person who
presented such document for registration under section 32 as arrears of land

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

revenue. Such certificate shall be final and shall not be called in question in
any court or before any authority:

Provided that no such certificate shall be granted unless due enquiry

is made and such person has been given an opportunity of being
heard.

(2) Where the Inspector-General of Registration finds that the amount of fee
charged and paid exceeds that which is legally chargeable under the
provisions of this Act he may, upon an application in writing or otherwise,
refund the excess."

KARNATAKA:

13[After Part XIII, insert as under:

"PART XIIIA

OF DEED WRITERS

"80B. Deed writers to hold licences.--No person other than an advocate or other
legal practitioner, shall for payment, write deeds unless he holds a licence granted
in accordance with rules made under section 69."

WEST BENGAL:

15[After Part XIII of the main Act, insert the following Parts XIIIA and XIIIB, namely:--

"PART XIIIA

OF TOUTS

80A. Powers to frame and publish lists of touts.--

(1) Every Registrar of district as regards his own office and the offices
subordinate thereto and every Sub-Divisional Magistrate as regards the
registration offices within his own jurisdiction may frame and publish lists of
persons proved to his satisfaction or to the satisfaction of any Sub-Registrar
as provided in section 80B, by evidence of general repute or otherwise,
habitually to act as touts, and may, from time to time, alter and amend such
lists.

(2) No person's name shall be included in any such list until he shall have
had an opportunity of showing cause against such inclusion.

(3) Where the name of any person is included in a list framed and published
by a Sub-Divisional Magistrate under this section, such person may, within
thirty days of the publication of the list in which his name first appears, apply
in writing to the Registrar of the district for the removal of his name from
such list and the orders of the Registrar, passed after such inquiry (if any) as
he considers necessary, on such application shall be final.

80B. Inquiry by Sub-Registrar regarding suspected touts.--

Any Registrar of a district or Sub-Divisional Magistrate may send to any Sub-

Registrar within the jurisdiction of such authority the name of any person
alleged or suspected to be a tout and request the Sub-Registrar to hold an
inquiry in regard to such person; and the Sub-Registrar shall thereupon hold

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

an inquiry into the conduct of that person, and, after giving him an
opportunity of showing cause as provided in sub-section (2) of section 80A,
shall report to the authority who has made the request whether the person
has been proved to the satisfaction of the Sub-Registrar to be a tout; and
that authority may include the name of any person who has been so proved
to be a tout in the list of touts framed and published by him under sub-
section (1) of section 80A:

Provided that such authority shall hear any such person who, before
his name has been so included, appears before him and desires to be
heard.

80C. Hanging up of lists of touts in registration offices.--A copy of every such list
shall be kept hung up in every registration office to which the same relates.

80D. Exclusion of touts from precincts of registration offices.--A registering officer

may, by general or special order, exclude from the precincts of his registration office
any person whose name is included in any such list.

80E. Presumption as to touts found within precincts of registration offices.--Every

person who having been excluded from the precincts of a registration office under
section 80D is found within the precincts of any registration office without written
permission from the registering officer, shall be deemed to be acting as a tout for
the purposes of section 82A:

Provided that this section shall not apply where such person is a party to a
document intended for registration at such office or has been directed to
appear by any process of the registering officer.

80F. Arrest and trial of touts.--

(1) Any registering officer may, by an order in writing, direct any person
named in the order to arrest any such tout found within the precincts of the
registration office. Such tout may be arrested accordingly and shall be
forthwith produced before the registering officer.

(2) If the tout admits his offence the provisions of sections 480 and 481 of
the Code of Criminal Procedure, 1898, shall be applicable, so far as may be,
to his detention, trial and punishment.

If the tout does not admit his offence the provisions of section 482 of the
said Code shall be similarly applicable to his detention, trial and punishment,

(3) A registering officer shall be deemed to be a Civil Court for the purposes
of sections 480, 481 and 482 of the said Code.

PART XIIIB

OF DEED-WRITERS

80G. Power of Inspector-General to make rules relating to deed-writers.--

(1) The Inspector-General shall have power, from time to time, to make
rules consistent with this Act--

(a) prescribing the manner in which and terms subject to which

persons who write documents outside the precincts of a registration

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

office, or who frequent the precincts of registration offices, for the

purpose of writing documents, may be granted licences;

(b) prescribing the fees (if any) to be paid for such licences; and

(c) declaring the conditions under which persons who write

documents outside the precincts of registration offices without
licences shall be deemed to be touts for the purposes of this Act.

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

16[In its application to the State of West Bengal, after Part XIIIB, insert the following Part
XIIIC, namely,--

PART XIIIC

OF ACQUISITION OF IMMOVABLE PROPERTY IN CERTAIN CASES OF TRANSFER

80H. Immovable property in respect of which proceedings for acquisition may be

taken.--

(1) Where the State Government, on receipt of any report from the
registering officer or otherwise, has reason to believe that any immovable
property has been transferred by a person to another person for an apparent
consideration which is less than the fair market value of the property and
that the consideration for such as agreed to between the parties has been
truly stated in the instrument of transfer, the State Government may acquire
the property after initiating proceedings in accordance with the provisions of
the land Acquisition Act, 1894 (1 of 1894).

(2) Every registering officer shall report to the State government in the
Judicial Department any case of transfer as aforesaid as soon as it comes to
his notice.

Explanation.--Words and expressions used herein and not defined but

defined in Chapter XXA of the Income-tax Act, 1961 (43 of 1961),
shall have the meanings respectively assigned to them in that Act.".]

24[After Section 80

For section 80G of the principal Act, the following section shall be substituted:-

80G. Power to Inspector - General to make rules relating to deed- writers

(1) The Inspector-General shall have power, from time to time, to

make rules consistent with this Act providing for grant of licences to
deed-writers, the revocation of such licences, the terms and
conditions subject to which and the authority by which such licences
shall be granted and generally for all purposes connected with the
writing of documents to be presented for registration.

(2) The rules so made shall be submitted to the State Government for
approval and after they have been approved they shall be published

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

in the Official Gazelle and on publication shall have effect as if

enacted in this Act.".]

25[After Section 80

After Part XIIIB, the following Part shall be inserted:--

"PART XIIIBB OF COPY-WRITERS

80GG. Power to Inspector-General to make rules relating to copywriters.

(1) The Inspector-General shall have power from time to time to

make rules consistent with this Act, with prospective or retrospective
effect, providing for the grant of licences to copy-writers, the
revocation of such licences, the terms and conditions subject to which
and the authority by which such licences shall be granted, and
generally for all purposes connected with the copying of documents
for registration.

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

1. Vide Andhra Pradesh Act 4 of 1999, section 7 (w.e.f. 1-4-1999).

2. Vide Gujarat Act 18 of 1990, section 4 (w.e.f. 19-11-1990).

3. Vide Haryana Act 36 of 1973, section 2 (w.r.e.f. 1-11-1966).

4. Vide Himachal Pradesh Act 1 of 1982, section 2 (w.e.f. 15-1-1982).

5. Vide Karnataka Act 19 of 1980, section 2 (w.r.e.f. 1-4-1972).

6. Vide Madhya Pradesh Act 4 of 1999, section 3 (w.e.f. 15-10-1999).

7. Vide Maharashtra Act 35 of 1966, section 2 (w.e.f. 9-11-1966) and Maharashtra Act 49 of 1975, section 2 (w.e.f. 2-10-1975).

8. Vide Orissa Act 19 of 1991, section 3 (w.e.f. 17-9-1991).

9. Vide Punjab Act 18 of 1994, section 3 (w.e.f. 18-7-1994).

10. Vide Rajasthan Act 11 of 1982, section 8 (w.e.f. 16-7-1982).

11. Vide Tamil Nadu Act 31 of 1982, section 2 (w.e.f. 5-9-1983).

12. Vide Uttar Pradesh Act 48 of 1975, section 5 (w.e.f. 1-11-1975).

13. Vide Karnataka Act 55 of 1976, section 14 (w.e.f. 23-10-1976).

14. Vide Tamil Nadu Act 38 of 1987, section 3 (w.e.f. 1-1-1988).

15. Vide Bengal Act 5 of 1942, section 9 (w.e.f. 1-11-1943).

16. Vide West Bengal Act 23 of 1984, section 3 (w.e.f. 15-9-1984).

17. Vide Kerala (Act No. 21 of 1998).

18. Inserted by Registration (Haryana Amendment) Act, 1973.

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

19. Inserted by Public Registration (Karnataka Amendment) Act, 1975.

20. Inserted by Registration (Karnataka Amendment) Act, 1976.

21. Inserted by Registration (Karnataka Amendment) Act, 1980.

22. Inserted by Indian Stamp and the Registration (Tamil Nadu Amendment) Act, 1987 (Act 38 of 1987).

23. Inserted by Registration (Tamil Nadu Amendment) Act, 1982 (Act 31 of 1982).

24. Substituted by Registration (West Bengal Amendment) Act, 1981 (Act 43 of 1981).

25. Inserted by Registration (West Bengal Amendment) Act, 1986 (Act 26 of 1986).

Section 81 - Penalty for incorrectly endorsing, copying, translating or registering documents

with intent to injure

Every registering officer appointed under this Act and every person employed in his office for the
purposes of this Act, who, being charged with the endorsing, copying, translating or registering of
any document presented or deposited under its provisions, endorses, copies, translates or registers
such document in a manner which he knows or believes to be incorrect, intending thereby to cause
or knowing it to be likely that he may thereby cause, injury, as defined in the Indian Penal Code
(45 of 1860), to any person, shall be punishable with imprisonment for a term which may extend
to seven years, or with fine, or with both.

STATE AMENDMENTS

GOA:

1[In section 81,--

(a) for the words "or registering of any document", the words "registering, or filing a
true copy of, any document" shall be substituted;

(b) for the words "or registers such document", the words "registers or files a true
copy of, such document" shall be substituted.

KARNATAKA:

2[In section 81,--

(i) in the marginal heading for the words "or registering", substitute the words
"registering or filing",

(ii) for the words "or registering of any document", substitute the words "registering
or filing a true copy of any document".

(iii) for the words "or registers such document", substitute the words "registers or
files a copy of such document."

9[In Section 81

(i) in the marginal heading, for the words " the registering", the words "registering
or filing" shall be substituted;

(ii) for the words "or registering of any document" the words "registering or filing a
true copy of any document" shall be substituted;

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(iii) for the words "or registers such document", the words "registers or files a copy
of such document" shall be substituted.]

KERALA:

3[In section 81,--

(a) for the words "or registering of any document", substitute the words
"registering, or filing a true copy of, such document";

(b) for the words "or registers such document", substitute the words "registers, or
files a true copy of, such document".

ORISSA:

4[Same as in Kerala.

PONDICHERRY:

5[In section 81,--

(i) in the marginal heading for the words "or registering", substitute the words "or
registering or filing";

(ii) in the body of the section, for the words "or registering of any document",
substitute the words "registering or filing a true copy, of any document"; and

(iii) for the words "or registers such document", substitute the words "registers, or
files a copy of, such document".

TAMIL NADU:

6[Same as in Pondicherry above.

TRIPURA:

7[Substitute section 81 as under:

"81. Every registering officer appointed under this Act, and every person employed
in his office for the purposes of this Act, who, being charged with the checking,
endorsing, reading, examining, copying, translating, comparing, pasting a true copy,
pasting a copy of the translation or registering of any document presented or
deposited under its provisions checks, endorses, reads, examines, copies,
translates, compares, pastes a true copy, pastes a copy of the translation or
registers such document in a manner which he knows or believes to be incorrect
intending thereby to cause or knowing it to be likely that he may thereby cause
injury as defined in the Indian Penal Code, to any person, shall be punishable with
imprisonment for a term which may extend to seven years, or with fine, or with
both."

WEST BENGAL:

8[In section 81,--

(i) in the marginal note, for the words "or registering", substitute the words
"registering or filing",

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(ii) for the words "or registering of any document", substitute the words "registering
or filing a true copy, of any document", and

(iii) for the words "or registers such documents", substitute the words "registers or
files a copy of such document".

1. Vide Goa Act 24 of 1985, section 12 (w.e.f. 5-12-1985).

2. Vide Karnataka Act 55 of 1976, section 15 (w.e.f. 24-10-1976).

3. Vide Kerala Act 7 of 1968, section 15 (w.e.f. 22-2-1968).

4. Vide Orissa Act 14 of 1989, section 13 (w.e.f. 19-9-1989).

5. Vide Pondicherry Act 17 of 1970, section 5 (w.e.f. 18-7-1970).

6. Vide Tamil Nadu Act 21 of 1966, section 3 (w.e.f. 1-4-1967).

7. Vide Tripura Act 7 of 1982, section 14 (w.e.f. 1-1-1983).

8. Vide West Bengal Act 17 of 1978, section 4 (w.e.f. 1-1-1983).

9. Inserted by
Registration (Karnataka Amendment) Act,
1976.

Section 82 - Penalty for making false statements, delivering false copies or translations, false
personation, and abetment

Whoever--

(a) intentionally makes any false statement, whether on oath or not, and whether it has
been recorded or not, before any officer acting in execution of this Act, in any proceeding or
enquiry under this Act; or

(b) intentionally delivers to a registering officer, in any proceeding under section 19 or

section 21, a false copy or translation of a document, or a false copy of a map or plan; or

(c) falsely personates another, and in such assumed character presents any document, or
makes any admission or statement, or causes any summons or commission to be issued, or
does any other act in any proceeding or enquiry under this Act; or

(d) abets anything made punishable by this Act,

shall be punishable with imprisonment for a term which may extend to seven years, or with fine,
or with both.

[STATE AMENDMENTS

GOA:

1[In section 82 of the principal Act, for the words and figures "section 19 or section 21",
the words "this Act or the rules made thereunder" shall be substituted.

KARNATAKA:

2[Amendment to section 82(b) is the same as in Kerala.

13[In Section 82

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

The words and figures "under section 19 or section 21", the words "under this Act or
the rules made thereunder" shall be substituted.]

14[After Section 82

The following section shall be inserted namely:-

"82A. Penalty in respect of deed writers.-

Whoever contravenes the provisions of section 80B or any term or

condition of a licence granted under rules made under section 69,
shall be punishable with imprisonment which may extend to one
month or with fine which may extend to two hundred rupees or with
both"]

KERALA:

3[In clause (b) of section 82, for the words "section 19 or section 21", substitute the words
"this Act or the rules made thereunder".

ORISSA:

4[Same as in Kerala.

PONDICHERRY:

5[Same as in Kerala.

TAMIL NADU:

6[Same as in Kerala.

16[After Section 82

The following section shall be inserted, namely:--

"82-A. Penalty.--

Whoever acts as a tout whilst his name is included in a list of touts

framed and published under this Act shall be punishable with
imprisonment for a term which may extend to one month or with fine
which may extend to two hundred rupees or with both."]

TRIPURA:

7[Substitute section 82(b) as under:

"(b) intentionally delivers to a registering officer, in any proceeding under this Act or
the rules made thereunder, a false copy or translation of a document, or a false
copy of a map or plan; or".

UTTAR PRADESH:

In section 82, clause (b) was substituted as under:

"(b) intentionally delivers to a registering officer, in any proceeding under section 19

or section 21, a false copy or translation of a document, or a false copy of a map or
plan; or"-- Uttar Pradesh Act 14 of 1971, section  6 (w.e.f. 25-5-1971). This clause

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

has now been substituted by Uttar Pradesh Act 19 of 1981, section  14 (w.r.e.f. 1-8-
1981) and the substituted clause is the same as original clause (b).

15[In Section 82

For clause (b) the following clause shall be substituted, namely:

"(b) intentionally delivers to a registering officer, in any proceeding under

section 18-A, section 19 or section 21, a false copy or translation of a
document or a false copy of a map or plan or makes a false declaration; or".]

WEST BENGAL:

8[Same as in Kerala.

Section 82A

12[After section 82, insert the following new section, namely:--

"82A. Penalty.--

Whoever acts as a tout whilst his name is included in a list of touts framed
and published under this Act shall be punishable with imprisonment for a
term which may extend to three months, or with fine which may extend to
five hundred rupees, or with both."

KARNATAKA:

9[After section 82, insert as under:

"82A. Penalty in respect of deed-writers.--

Whoever contravenes the provisions of section 80B or any term or condition

of a licence granted under rules made under section 69, shall be punishable
with imprisonment which may extend to one month or with fine which may
extend to two hundred rupees or with both."

MADHYA PRADESH:

10[Mahakoshal.--In its application to Mahakoshal region of the State of Madhya Pradesh,

after section 82, the following section shall be inserted, namely:--

"82A. Penalty for writing documents without licence.--

(1) On and from such date as the State Government may, by notification,
appoint in this behalf, no person shall write a document for another person
for presentation to a registering officer except under a licence granted in
accordance with the rules made under this Act:

Provided that nothing in this sub-section shall apply where the writer
of such document is an authorised agent of the executant or a
pleader engaged by the executant for drawing up the document or
the registered clerk of such pleader.

(2) Whoever contravenes the provisions of sub-section (1) shall be

punishable with fine which may extend to two hundred rupees."

17[In its application to the State of Madhya Pradesh, after Section 82-A, insert the following
new section, namely:-

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

"82-B. Punishment for failure to file notice under Section 89-B.-

Any person who fails to file a notice under section 89-B before the
Registering Officer within the period specified in that section shall be
punished with imprisonment for a term which shall not be less than one year
but which may extend upto three years and shall also be liable to fine."]

MAHARASHTRA:

Vidarbha.-- Section 82A inserted by the Madhya Pradesh Act 8 of 1955 is repealed in its
application to the Vidarbha region of the State of Maharashtra by Bombay Act 35 of 1958,
section 3 (w.e.f. 24-4-1958).

TAMIL NADU:

11[After section 82, insert as under:

"82A. Penalty.--

Whoever acts as a tout whilst his name is included in a list of touts framed
and published under this Act shall be punishable with imprisonment for a
term which may extend to one month or with fine which may extend to two
hundred rupees or with both."

1. Vide Goa Act 24 of 1985, section 13 (w.e.f. 5-12-1985).

2. Vide Karnataka Act 55 of 1976, section 16 (w.e.f. 23-10-1976).

3. Vide Kerala Act 7 of 1968, section 16 (w.e.f. 22-2-1968).

4. Vide Orissa Act 14 of 1989, section 13 (w.e.f. 19-9-1989).

5. Vide Pondicherry Act 17 of 1970, section 6 (w.e.f. 1-11-1970).

6. Vide Tamil Nadu Act 21 of 1966, section 4 (w.e.f. 1-4-1967).

7. Vide Tripura Act 7 of 1982, section 15 (w.e.f. 1-1-1983).

8. Vide West Bengal Act 17 of 1978, section 5 (w.e.f. 1-1-1983).

9. Vide Karnataka Act 55 of 1976, section 17 (w.e.f. 23-10-1976).

10. Vide Madhya Pradesh Act 8 of 1955, section 2 (w.e.f. 18-4-1955).

11. Vide Tamil Nadu Act 38 of 1987, section 3 (w.e.f. 1-1-1988).

12. Vide Bengal Act 5 of 1942, section 10 (w.e.f. 1-11-1943).

13. Substituted by
Registration (Karnataka Amendment) Act, 1976.

14. Inserted by Registration (Karnataka Amendment) Act, 1976.

15. Substituted by Registration (Uttar Pradesh Amendment) Act, 1970 (Act 14 of 1971).

16. Inserted by Indian Stamp and the Registration (Tamil Nadu Amendment) Act, 1987 (Act 38 of 1987).

17. Inserted by Madhya Pradesh, Act 4 of 2010, Section 10 (w.e.f. 14.01.2010).

Section 83 - Registering officers may commence prosecutions

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(1) A prosecution for any offence under this Act coming to the knowledge of a registering officer in
his official capacity may be commenced by or with the permission of the Inspector-General, 1[***]
the Registrar or the Sub-Registrar, in whose territories, district or sub-district, as the case may be,
the offence has been committed.

(2) Offences punishable under this Act shall be triable by any Court or officer exercising powers not
less than those of a Magistrate of the second class.

[STATE AMENDMENTS

Goa, Daman and Diu:

2[In section 83, for sub-section (1), substitute the following:--

"(1) No prosecution for any offence under this Act shall be commenced save by or
with the permission of the Inspector-General or any officer empowered in this behalf
by the Government."

Tamil Nadu:

3[In section 83, in sub-section (2)

The word "Offences", the words, figures and letter "Save as provided in section 80G,
offences" shall be substituted.]

6[In Section 83

In sub-section (2), for the word "Offences", the words, figures and letter "Save as
provided in section 80-G offences" shall be substituted.]

West Bengal:

4[In sub-section (2)

The word "Offences", substitute the words, figure and letter "Save as provided in
section 80F, offences".]

Kerala

5[After Section 83

The following sections shall be inserted, namely:--

"83A. Cancellation of registered documents in certain cases.--

(1) If on enquiry by an officer in the Registration Department not

below the rank of the deputy Inspector General of Registration, it is
found that some one has falsely personated another, and in such
assumed character presented, admitted the execution and got
registered any document by a registering officer and the existence of
such a document is detrimental to the interest of another person, the
same shall be cancelled by the Inspector General of Registration on
application made to him in such form as may be prescribed.

(2) If on an enquiry conducted by the District Collector suo motu or

on the basis of a complaint received by him, it is found that any
Government land or land owned by a public sector undertaking, has
been transferred on the strength of a document which is got
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3/11/22, 8:21 PM REGISTRATION ACT, 1908

registered without following the procedure prescribed in sub-section

(3) of section 71, the District Collector may make recommendation to
the Inspector General of Registration to cancel the registration of
such document.

(3) On receipt of such recommendation from the District Collector,

the Inspector General of Registration shall have the authority to
cancel the registration of such document after following such
procedure as may be prescribed.

83B. Appeal to Government from orders of the Inspector General of

Registration.--

Any person aggrieved by an order of the Inspector General of

Registration under section 83A, may prefer an appeal before the
Government within thirty days from the date of receipt of such order,
and the Government shall pass an order confirming, modifying or
cancelling the order of the Inspector General of Registration as they
deem fit.".]]]

1. The words "the Branch Inspector-General of Sindh", omitted by A.O. 1937.

2. Vide Goa Act 2 of 1968, section 3.

3. Vide Tamil Nadu Act 38 of 1987, section 3 (w.e.f. 1-1-1988).

4. Vide Bengal Act 5 of 1942, section 11 (w.e.f. 1-11-1943).

5. Inserted by Registration (Kerala Amendment) Act, 2012.

6. Substituted by Indian Stamp and the Registration (Tamil Nadu Amendment) Act, 1987 (Act 38 of 1987).

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

Section 84 - Registering officers to be deemed public servants

(1) Every registering officer appointed under this Act shall be deemed to be a public servant within
the meaning of the Indian Penal Code (45 of 1860).

(2) Every person shall be legally bound to furnish information to such registering officer when
required by him to do so.

(3) In section 228 of the Indian Penal Code (45 of 1860), the words "judicial proceeding" shall be
deemed to include any proceeding under this Act.

Section 85 - Destruction of unclaimed documents

Documents (other than wills) remaining unclaimed in any registration office for a period exceeding two
years may be destroyed.

Section 86 - Registering officer not liable for thing bona fide done or refused in his official
capacity

No registering officer shall be liable to any suit, claim or demand by reason of anything in good faith
done or refused in his official capacity.

Section 87 - Nothing so done invalidated by defect in appointment or procedure

Nothing done in good faith pursuant to this Act or any Act hereby repealed, by any registering
officer, shall be deemed invalid merely by reason of any defect in his appointment or procedure.

[STATE AMENDMENTS

[Orissa

1[After Section 87

The following new section shall be inserted, namely :

"87-A. Delegation of powers.--

The State Government may, by order, delegate all or any of the powers conferred
on them under this Act to the Inspector-General of Registration, who shall exercise
the same subject to such restrictions and conditions as the State Government may
impose and they may in like manner withdraw any power so delegated".]

1. Vide Orissa Act 7 of 1964, section 2 (w.e.f. 4-5-1964).

Section 88 - Registration of documents executed by Government officers or certain public

functionaries

1[88. Registration of documents executed by Government officers or certain public

functionaries

(1) Notwithstanding anything contained in this Act, it shall not be necessary for,--

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(a) any officer of Government, or

(b) any Administrator-General, Official Trustee or Official Assignee, or

(c) the Sheriff, Receiver or Registrar of a High Court, or

(d) the holder for the time being of such other public office as may be specified in a notification
in the Official Gazette issued in that behalf by the State Government,

to appear in person or by agent at any registration office in any proceeding connected with the
registration of any instrument executed by him or in his favour, in his official capacity, or to sign as
provided in section 58.

(2) Any instrument executed by or in favour of an officer of Government or any other person
referred to in sub-section (1) may be presented for registration in such manner as may be
prescribed by rules made under section 69.

(3) The registering officer to whom any instrument is presented for registration under this section
may, if he thinks fit, refer to any Secretary to Government or to such officer of Government or
other person referred to in subsection (1) for information respecting the same and, on being
satisfied of the execution thereof, shall register the instrument.]

______________________________

1. Substituted  by
Act 39 of 1948, section 5, for section 88.

Section 89 - Copies of certain orders, certificates and instruments to be sent to registering

officers and filed

(1) Every officer granting a loan under the Land Improvement Loans Act, 1883 (19 of 1883), shall
send a copy of his order to the registering officer within the local limits of whose jurisdiction the
whole or any part of the land to be improved or of the land to be granted as collateral security, is
situate, and such registering officer shall file the copy in his Book No. 1.

(2) Every Court granting a certificate of sale of immovable property under the Code of Civil
Procedure, 1908 (5 of 1908), shall send a copy of such certificate to the registering officer within
the local limits of whose jurisdiction the whole or any part of the immovable property comprised in
such certificate is situate, and such officer shall file the copy in his Book No. 1.

(3) Every officer granting a loan under the Agriculturists' Loans Act, 1884 (12 of 1884), shall send
a copy of any instrument whereby immovable property is mortgaged for the purpose of securing
the repayment of the loan, and, if any such property is mortgaged for the same purpose in the
order granting the loan, a copy also or that order, to the registering officer within the local limits of
whose jurisdiction the whole or any part of the property so mortgaged is situate, and such
registering officer shall file the copy or copies as the case may be, in his Book No. 1.

(4) Every Revenue Officer granting a certificate of sale to the purchaser of immovable property
sold by public auction shall send a copy of the certificate to the registering officer within the local
limits of whose jurisdiction the whole or any part of the immovable property comprised in the
certificate is situate, and such officer shall file the copy in his Book No. 1.

[STATE AMENDMENTS

ANDHRA PRADESH:

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

1[In its application to the State of Andhra Pradesh,-

(1) For sub-Section (5) of Section 89, substitute the following sub-section, namely,-

"(5) An officer empowered to grant a certificate of sale of immovable

property under the Andhra Pradesh Co-operative Societies Act, 1964 or the
rules made thereunder shall send a copy of such certificate to the registering
officer within the local limits of whose jurisdiction the whole or any part of
the immovable property comprised in such certificate is situate; and such
registering officer shall file the copy in his Book No. 1.

(6) Every Tribunal issuing a certificate under sub-section (6) of section 38 or

subsection (2) of section 38E of the Andhra Pradesh (Telangana Area)
Tenancy and Agricultural Lands Act, 1950, declaring the protected tenant to
be the purchaser or owner, as the case may be, of the land, and every
Tahsildar issuing certificate sanctioning the exchange under sub-section (2)
of section 39 or under section 50B of the Act aforesaid declaring the validity
of any alienation or other transfer of agricultural land shall send a copy of
such certificate to the registering officer within the local limits of whose
jurisdiction the whole or any part of the agricultural land comprised in such
certificate is situate; and such registering officer shall file the copy in his
Book No. 1."

39[(2)In Section 89, after the words "shall file the copy in his Book No. 1",
wherever they occur, "or get scanned".]

GUJARAT:

2[Same as those of Maharashtra.

40[In the principal Act, after section 89, the following sections shall be inserted, namely:-

"89A. Copies of court decrees, attachment orders, etc., to be sent to Registering

Officers and filed in registers.-

(1) Every court passing, -

(a) any decree or order creating, declaring, transferring, limiting or

extinguishing any right, title or interest to or in immovable property in favour
of any person, or

(b) an order to interim attachment or attachment of immovable property or

for the release of any immovable property from such attachment shall, in
accordance with the rules made in this behalf,

shall send a copy of such decree or order together with a memorandum describing
the property as far as may be practicable, in the manner required by section 21, to
the Registering Officer within the local limits of whose jurisdiction the whole or any
part of the immovable property comprised in such decree or order, is situated, and
such officer shall file the copy of the memorandum in his Book No 1:

Provided that, where the immovable property is situated within the local
limits of the jurisdiction of more than one Registering Officer, the procedure
specified in clauses (a) and (b) of this sub-section shall be followed in
respect of the property within the jurisdiction of each of such officer.

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(2) Every officer issuing a certificate of sale or a written demand before the
attachment of the immovable property of a defaulter under the provisions of any law
relating to Revenue Recovery for the time being in force including the Revenue
Recovery Act, 1890 (1 of 1890), shall,- 

(a) send a copy of such certificate of sale or written demand together with a
memorandum describing the property, as far as may be practicable, in the
manner required by section 21;

(b) where such written demand is withdrawn or attachment of property is

lifted or the property sold and sale is confirmed, send a memorandum
indicating that fact and describing that property, as far as may be
practicable, in the "manner required section 21, to the Registering Officer
within the local limits of whose jurisdiction the whole or any part of the
immovable property to which the written demand is situate, and such
registering officer shall file a copy of the written demand and memorandum
in his Book No 1:

Provided that, where the immovable property is situate within the

local limits of the jurisdiction of more than one Registering Officer,
the procedure specified in clauses (a) and (b) of this sub-section shall
be followed in respect of the property within the jurisdiction of each
of such officers.

89B. Notice to be sent to Registering Officers by mortgage or in case of mortgage

by depositing title deeds and provisions for compensation in favour of subsequent
transferee.

(1) Every person who has mortgaged immovable property by way of mortgage by
depositing title deeds under clause (f) of section 58 of the Transfer of Property Act,
1882 (4 of 1882) shall, within 30 days from the date of mortgaged, file a notice of
intimation of his having so mortgaged the property giving details of his name and
address, name and address of mortgagee, date of mortgage, amount received under
the mortgage, rate of interest payable, list of documents deposited, and description
of the immovable property in the manner required by section 21, to the registering
officer within the local limits of whose jurisdiction the whole or any part of the
property is situated, and the said officer shall file the same in his Book No 1:

Provided that if the property so mortgaged falls within the jurisdiction of

more than one registering officer, the procedure specified in this sub-section
shall be followed in respect of property within the jurisdiction of each of such
officers.

(2) If, the person who has mortgaged the property as aforesaid fails to file a notice
within 30 days as referred to in sub-section (1) before the registering officer or
officers, as the case may be and enters into any transaction in relation to of
affecting the immovable property which is subject matter of the mortgage, with a
third party, such a transaction shall be void and the third party shall be entitled to
refund any amount paid by him together with interest at twelve per cent. from the
date of payment and also to compensation for any damages suffered by him, from
the transferor.

(3) The amount recoverable by such transferee as specified in sub-section (2) shall
be a charge on the interest of the mortgagor, in the mortgaged property:

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Provided that, nothing in this section shall apply to the instruments of

agreement relating to mortgage by deposit of title deeds which are duly
registered under the provisions of this Act.

89C. Punishment for failure to file notice under section 89B.-

Any person who fails to file a notice under section 89B to the registering officer
along with fees, within the period specified in that section, shall be punished with
imprisonment for a term which shall not be less than one years but which may be
for a term which may be extend up to three years and shall also be liable to fine.

89D. Power to make rules for filing of true copies of documents and notices
referred in sections 89A and 89B.-

(1) The State Government may, by notification in the Official Gazette, make rules
for carrying out the purposes of section 89A and section 89B.

(2) In particular and without prejudice to the generality of the foregoing powers,
such rules may provide for,-

(a) the manner in which notices or true copies of documents shall be

prepared, and

(b) the manner of filing of the notices or true copies.

(3) All rules made under this section shall, be laid for not less than thirty days
before the State Legislature as soon as possible after they are made and shall be
subject to rescission by the State Legislature or to such modifications as the State
Legislature may make, during the session in which they are so laid or the session
immediately following.

(4) Any rescission or modification so made by the State Legislature shall be

published in the Official Gazette and shall thereupon take effect.]

KERALA:

3[In section 89,--

(a) omit sub-sections (1) and (3);

(b) after sub-section (4) add the following sub-sections:--

"(5) Every court passing--

(a) any decree or order creating, declaring, transferring, limiting or

extinguishing any right, title or interest to or in immovable property
in favour of or of any person, or

(b) an order for attachment of immovable property or for the release

of any immovable property from attachment,

shall send a copy of such decree or other together with a memorandum

describing the property, as far as may be practicable, in the manner required
by section 21, to the registering officer within the local limits of whose
jurisdiction the whole or any part of the immovable property comprised in
such decree or order is situate, and such officer shall file the copy of
memorandum in his Book No. 1.

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(6) Every officer issuing a written demand before the attachment of the
immovable property of a defaulter under the Revenue Recovery Act for the
time being in force shall--

(a) send a copy of such written demand together with a

memorandum describing the property, as far as may be practicable,
in the manner required by section 21; and

(b) where such written demand is withdrawn or attachment of

property is lifted or the property is sold and sale is confirmed, send a
memorandum indicating that fact and describing that property, as far
as may be practicable, in the manner required by section 21,

to the registering officer within the local limits of whose jurisdiction the
whole or any part of the immovable property to which the written demand
relates is situate and such registering officer shall file copy of the written
demand and the memorandum in his Book No. 1."]

17[After section 89, insert the following section:--

"89A. Power to make rules for filing of true copies of documents.--

(1) The State Government may make rules for all purposes connected with
the filing of true copies of documents in the appropriate books under this
Act.

(2) In particular, and without prejudice to the generality of the foregoing

power, such rules may provide for--

(a) the manner in which true copies of documents shall be prepared;

and

(b) the manner of filing such copies.

(3) All rules made under this section shall be published in the Official Gazette
and unless they are expressed to come into force on a particular day, shall
come into force on the day on which they are so published.

(4) Every rule made under this section shall be laid as soon as may be after
it is made, before the Legislative Assembly while it is in session for a total
period of fourteen days which may be comprised in one session or in two
successive sessions, and if, before the expiry of the session in which it is so
laid or the session immediately following, the Legislative Assembly makes
any modification in the rule or decides that rule should not be made, the rule
thereafter have effect only in such modified form or be of no effect as the
case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule."

Note.--For Indian Registration (Filing of True Copies) Rules, 1967, see

Kerala Gazette, dated 30th December, 1967 Extra, (w.e.f. 8-1-1968).

MADHYA PRADESH:

4[5[Mahakoshal.--In its application to the Mahakoshal region of the State of Madhya

Pradesh, in section 89,--

(i) after sub-section (4), insert the following sub-section, namely:--

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"(5) Every sale officer granting a certificate of sale under section 20 of the
Madhya Pradesh Co-operative Land Mortgage Banks Act, 1937 (1 of 1937),
or under clause (c) of section 85 of M.P. Co-operative Societies Act, 1960, or
the rules made thereunder shall send a copy of such certificate to the
registering office within the local limits of whose jurisdiction the whole or any
part of the immovable property comprised in such certificate is situate, and
such registering officer shall file the copy in his Book No. 1."

(ii) after sub-section (5) insert the following, namely:--

"(6) Every consolidation officer passing an order under sub-section (1) of

section 22 of the Central Provinces Consolidation of Holdings Act, 1928, shall
send a copy of such order to the registering officer within the local limits of
whose jurisdiction the whole or any part of the immovable property referred
to in such order is situate and such registering officer shall file the copy in his
Book No. 1."]

27[In Section 89

The following sub-section shall be substituted, namely:--

"(5) Every officer granting a certificate of sale of immovable property under

section 20 of the Madhya Pradesh Co-operative Land Mortgage Banks Act,
1937 (I of 1937) or under clause (c) of section 85 of the Madhya Pradesh
Co-operative Societies Act, 1960 (17 of 1961) or the rules made thereunder,
shall send a copy of such certificate to the registering officer within the local
limits of whose jurisdiction the whole or any part of the immovable property
comprised in such certificate is situate, and such registering officer shall file
the copy in his Book No. 1".]

MAHARASHTRA:

6[7[8[In section 89,--

(i) in sub-sections (1) and (3), for the words and figure "Book No. 1", substitute the
word "office".

(ii) after sub-section (4), insert the following sub-sections, namely:--

"(5) Every consolidation officer passing an order,--

(i) under sub-section (1) of section 29 or sub-section (2) of section

29A of the Bombay Prevention Fragmentation and Consolidation of
Holdings Act, 1947, or

(ii) under sub-section (1) of section 203 of the Madhya Pradesh Land
Revenue Code, 1954, or

(iii) under sub-section (1) of section 31 of the Hyderabad Prevention

of Fragmentation and Consolidation of Holdings Act, 1956,

shall send a copy of such order to the registering officer within the local
limits of whose jurisdiction the whole or any part of the immovable property
referred to in such order is situate, and such registering officer shall file the
copy in his Book No. 1.

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(6) Every sale officer granting a certificate of sale under section 20 of the
Central Provinces and Berar Co-operative Land Mortgage Banks Act, 1937,
shall send a copy of such certificate to the registering officer within the local
limit of whose jurisdiction the whole or any part of the immovable property
comprised in such certificate is situate and such registering officer shall file
the copy in his Book No. 1."

Vidarbha.--As the above amendments have now been extended to and shall
remain in force in the Vidarbha region of the State of Maharashtra, sub-
sections (5) and (6), inserted in section 89 by C.P. and Berar Acts 1 of 1937
and 59 of 1949 and in force immediately before 24-4-1958, have been
repealed from that date by Bombay Act 35 of 1958, section 7(1).

(iii)     (a) after sub-section (6), add the following new sub-section, namely:--

"(7) The registering officer to whom a memorandum under sub-

section (7) of section 18, sub-sections (1A) and (4) of section 22,
section 22C and section 28A of the Bombay Public Trusts Act, 1950,
or a copy of entry under section 23 of that Act is sent shall file the
same in his Book No. 1.";

(b) in the marginal note, after the word "instruments" insert the words "and
of certain memoranda".

ORISSA:

10[After sub-section (4) of section 89, insert the following sub-section, namely:--

"(5) A copy of every certificate of sale granted under section 20 of the Orissa Co-
operative Land Mortgage Banks Act, 1938, shall be sent to the registering officer
within the local limits of whose jurisdiction the whole or any part of the immovable
property comprised in such certificate is situate and such registering officer shall file
the copy in his Book No. 1."]

18[After section 89, insert the following section:--

"89A. Duty of Collector in proceedings under section 47A of the Indian Stamp Act,
1899.--

(1) It shall be the duty of the Collector, if he is satisfied during the

proceedings, if any, under section 47A of the Indian Stamp Act, 1899, that
the fees for registration paid under this Act in respect of a document is in
deficit to determine in the course of such proceedings the deficient amount
of fees to send a copy of the order made in the proceedings to the
registering officer for the recovery of the said amount from the person liable
to pay the deficient amount of stamp duty under the said section; and all
amounts recoverable as aforesaid may be recovered as arrears of land
revenue.

(2) An order of the Collector under sub-section (1) shall be deemed to be an

order made by the Collector under section 47A of the Indian Stamp Act,
1899, and shall be final subject to the decision in appeal, if any, under sub-
section (3) of the said section."

25[In Section 89-A of the principal Act, in Sub-section (1)

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The words "and to send a copy of the order made in the proceedings to the
registering officer for the recovery of the said amount", the words "and to recover
the said amount of fees along with the deficient amount of stamp duty" shall be
substituted.]

Section 89B

23[In its application to the State of Orissa, after section 89A, insert the following
new section, namely,--

"89B. Power of State government to make Rules.--

(1) The State Government may, by notification in the Official Gazette,

make rules for all purposes connected with the filing of true copies of
documents in the appropriate books under this Act.

(2) In particular and without prejudice to the generality of the

foregoing power, such Rules may provide for,--

(a) the furnishing of true copies of documents by the person

presenting the documents for registration;

(b) the manner in which true copies of documents shall be prepared;

and

(c) the manner of filing such copies."]

28[After Section 89

The following new section shall be inserted, namely :

"89'A. Duty of Collector in proceedings under Section 47.--

A of the Indian Stamp Act, 1899-(1) It shall be the duty of the

Collector, if he is satisfied diring the proceedings, if any, under
Section 47-A of the Indian Stamp Act, 1899 that the fees for
registration paid under this Act in respect of a document is in deficit
to determine in the course of such proceedings the deficient amount
of fee and to send a copy of the order made in the proceedings to the
Registering Officer for recovery of the said amount from the person
liable to pay the deficient amount of stamp duty under the said
section; and all amounts recoverable as aforesaid may be recovered
as arrears of land revenue.

(2) An order of the Collector under Sub-section (1) shall be deemed

to be an order made by the Collector under Section 47-A of the
Indian Stamp Act, 1899 (2 of 1899) and shall be final subject to the
decision in appeal, if any, under Sub-section (3) of the said section.]

RAJASTHAN:

11[After section 89(4), insert as under:

"(5) Every bank granting a loan to an agriculturist for agricultural purposes shall
send within such time and in such manner as may be prescribed, a copy of any
instrument whereby immovable property is mortgaged for the purpose of securing
repayment of loan, to the registering officer within the local limits of whose

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

jurisdiction the whole or any part of the property so mortgaged is situate and such
registering officer shall file the copy in his Book No. 1.

Explanations.--For the purposes of sub-section (5),--

(a) the expression "every bank" shall mean--

(i) a banking company as defined in the Banking Regulation Act,

1949;

(ii) the State Bank of India constituted under the State Bank of India
Act, 1955;

(iii) a subsidiary bank as defined in the State Bank of India

(Subsidiary Bank) Act, 1959;

(iv) a corresponding new bank constituted under the Banking

Companies (Acquisition and Transfer of Undertakings) Act, 1970;

(v) a banking institution notified by the Central Government under

section 51 of the Banking Regulation Act, 1949;

(vi) the Agricultural Refinance Corporation constituted under the

Agricultural Refinance Corporation Act, 1963;

(vii) Agro-Industries Corporation;

(viii) Agricultural Finance Corporation Ltd., a company incorporated

under the Companies Act, 1956; and

(ix) any other financial institution notified by the State Government in

the Official Gazette as a bank for the purpose of this Act.

(b) the word "agriculturist" shall have the meaning assigned to it in

sub-section (3) of section 5 of the Rajasthan Tenancy Act, 1955
(Rajasthan Act 3 of 1955).

TAMIL NADU:

12[13[14[After sub-section (4), insert the following sub-section, namely:--

"(5) Every officer granting, a certificate of sale of immovable property under the
Madras Co-operative Land Mortgage Banks Act, 1934, or the rules made under the
Madras Co-operative Societies Act, 1932, shall send a copy of such certificate to the
registering officer within the local limits of whose jurisdiction the whole or any part
of the immovable property comprised in such certificate is situate, and such
registering officer shall file the copy in his Book No. 1."

After sub-section (5), insert as under:

"(6) Every officer in charge of collection of the loans mentioned in subsection (1), or
sub-section (3) shall send to the registering officer to whom a copy of the order
under sub-section (1), or a copy of instrument or order under subsection (3) has
been sent, an intimation of the discharge of such loans. Such intimation shall be in
such form as may be prescribed and the registering officer shall file the intimation in
his Book No. 1."

After sub-section (6), insert as under:

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

"(7) Every officer granting any deed or other document purporting to be or to

evidence, the grant or assignment by the Government of land or of any interest in
land, shall send a copy of such deed or other document to the registering officer
within the local limits of whose jurisdiction the whole or any part of the land
comprised in such deed or document is situate, and such registering officer shall file
the copy in his Book No. 1."

20[After section 89, insert the following, namely:--

"89A. Power, to make rules for filing copies of documents.--

(1) Same as in Kerala.

(2) In particular, and without prejudice to the generality of the foregoing

power, such rules may provide for--

(a) the furnishing of true copies of documents by the person

presenting the document for registration;

(b) Same as (a) in Kerala;

(c) Same as (b) in Kerala.

212A. Every Court passing an order for effecting or raising an attachment of immovable
property under the Code of Civil Procedure, 1908 (5 of 1908), shall send a copy of such
order together with the memorandum giving the details of the property to the registering
officer within the local limits of whose jurisdiction the whole or any part of the said
immovable property is situate, and such registering officer shall file the copy of such order
in his Book No. 1.

(3) Same as in Kerala.

(4) Every rule made under this section shall, as soon as possible, after it is made,
be placed on the table of both the Houses of the State Legislature, and if, before the
expiry of the session in which it is so placed or the next session, both the Houses
agree that the rule should not be made, the rule shall thereafter have effect only in
such modified form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule."

Note.--For Indian Registration (Filing of True Copies) Rules, 1967, see Fort
St. Geo Gazette, 11-2-1967, Pt. V, Extra., p. 1.

24[After section 89A, insert as under:

"89B. Power to make rules regulating the writing of documents.--The State

Government may make rules providing for the grant of licences to document
writers, the terms and conditions subject to which and the authority by whom such
licences shall be granted, the circumstances under which such licences may be
revoked, and generally for all purposes connected with the writing of documents to
be presented for registration.

31[After Section 89

The following section shall be inserted, namely:--

"89-A. Power to make rules for filing of copies of documents.--

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(1) The State Government may make rules for all purposes connected
with the filing of true copies of documents in the appropriate books
under this Act.

(2) In particular, and without prejudice to the generality of the

foregoing power, such rules may provide for--

(a) the furnishing of true copies of documents by the person

presenting the document for registration;

(b) the manner in which true copies of documents shall be prepared;

and

(c) the manner of filing of such copies.

(3) All rules made under this section shall be published in the Official
Gazette and, unless they are expressed to come into force on a
particular day, shall come into force on the day on which they are so
published.

(4) Every rule made under this section shall, as soon as possible,
after it is made, be placed on the table of both Houses of the State
Legislature, and if, before the expiry of the session in which it is so
placed or the next session, both Houses agree in making any
modification in any such rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be, so however,
that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.".]

32[After Section 89

After section 89-A of the Registration Act, 1908 (Central Act XVI of 1908), the
following section shall be inserted, namely:--

"89-B. Power to make rules regulating the writing of documents.--

The State Government may make rules providing for the grant of
licences to document writers, the terms and conditions subject to
which and the authority by whom such licences shall be granted, the
circumstances under which such licences may be revoked, and
generally for all purposes connected with the writing of documents to
be presented for registration.]

33[In Section 89

After sub-section (6), the following sub-section shall be added, namely:--

"(7) Every officer granting any deed or other document purporting to be or

to evidence, the grant or assignment by the Government, of land or of any
interest in land, shall send a copy of such deed or other document to the
registering officer within the local limits of whose jurisdiction the whole or
any part of the land comprised in such deed or document is situate, and such
registering officer shall file the copy in his Book No. 1.".]

34[In Section 89

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

After sub-section (2), the following sub-section shall be inserted, namely:--

"(2-A) Every Court passing an order for effecting or raising an attachment of

immovable property under the Code of Civil Procedure, 1908 (Central Act V
of 1908), shall send a copy of such order together with the memorandum
giving the details of the property to the registering officer within the local
limits of whose jurisdiction the whole or any part of the said immovable
property is situate, and such registering officer shall file the copy of such
order in his Book No. 1.]

36[After sub-section (5) of section 89 of the Registration Act, 1908 (Central Act XVI of
1908), the following sub-section shall be added, namely:--

"(6) Every officer in charge of collection of the loans mentioned in sub-section (1),
or sub-section (3) shall send to the registering officer to whom a copy of the order
under sub-section (1) or a copy of instrument or order under sub-section (3) has
been sent, an intimation of the discharge of such loans. Such intimation shall be in
such form as may be prescribed and the registering officer shall file the intimation in
his Book No. 1.]

37[In section 89 of the principal Act,--

(1) In the marginal heading, after the expression "and filed", the expression "or
scanned" shall be inserted;

(2) After the expression "in his Book No. 1" wherever it occurs, the expression "or
get it scanned" shall be inserted.]

Section 89A

GOA:

15[After section 89, insert as under:

"89A. Power to make rules for filing of true copies of documents.--

(1) The State Government may make rules for all purposes connected with
the filing of true copies of documents in the appropriate books under this
Act.

(2) In particular, and without prejudice to the generality of the foregoing

power, such rules may provide for,--

(a) the manner in which true copies of documents shall be prepared;

and

(b) the manner of filing and pasting of such copies.

(3) All rules made under this section shall be published in the Official Gazette
and, unless they are expressed to come into force on a particular day, shall
come into force on the day on which they are so published.

(4) Every rule made under this section shall be laid, as soon as may be after
it is made, before the Legislative Assembly while it is in session for a total
period of fourteen days which may be comprised in one session or in two
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3/11/22, 8:21 PM REGISTRATION ACT, 1908

successive sessions, and if before the expiry of the session in which it is so

laid or the session immediately following, the Legislative Assembly makes
any modification in the rule or decides that the rule should not be made, the
rule shall thereafter have effect only in such modified form or be of no effect,
as the case may be; so however that any such modification or annulment
shall be without prejudice to the validity of anything previously done under
that rule."

KARNATAKA:

16[After section 89, insert as under:

"89A. Power to make rules for filing of copies of documents.--

(1) The State Government may make rules for all purposes connected with
the preparation or filing of true copies of documents in the appropriate books
under this Act.

(2) In particular and without prejudice to the generality of the foregoing

powers, such rules may provide for--

(a) the manner in which true copies of documents shall be prepared;

and

(b) the manner of filing of such copies.

(3) All rules made under this section shall be published in the Official
Gazette, and unless they are expressed to come into force on a particular
day, shall come into force on the day on which they are so published.

(4) Every rule made under this Act shall be laid as soon as may be after it is
made before each House of the State Legislature while it is in session for a
total period of thirty days which may be comprised in one session or in two
or more successive sessions and if before the expiry of the session in which
it is so laid or the session immediately following both Houses agree in
making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so however that any
such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.

(5) Nothing in this Part shall apply to any document which is prepared on a
printed or lithographed form or which in the opinion of the registering officer,
is not in a fit condition to be photocopied.

(6) Notwithstanding anything contained in this Part in the case of document

containing a map, plan or trade mark label, if the party presenting the
document so desires, the registering officer may accept three copies of such
map, plan or trade mark lable and where such true copies are accepted the
map plan or trade mark lable shall not be photocopied and such copies
thereof shall be filed in the appropriate file book.]

26[After Section 89

The following section shall be inserted namely:-

"89A. Power to make rules for filing of copies of documents.-  

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(1) The State Government may make rules for all purposes connected
with filing of true copies of documents in the appropriate books under
this Act.

(2) In particular and without prejudice to the generality of the

foregoing powers, such rules may provide for,-

(a) the furnishing of true copies of documents by the person

presenting the documents for registration;

(b) the manner in which true copies of documents shall be prepared;

and

(c) the manner of filing of such copies.

(3) All rules made under this section shall be published in the official
Gazette, and unless they are expressed to come into force on a
particular day, shall come into force on the day on which they are so
published.

(4) Every rule made under this Act shall be laid as soon as may be
after it is made before each House of the State Legislature while it is
in session for a total period of thirty days which may be comprised in
one session or in two or more successive sessions and if before the
expiry of the session in which it is so laid or the session immediately
following, both Houses agree in making any modification in the rule
or both Houses agree that the rule should not be made, the rules
shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so however that any such modification or
annulment shall be without prejudice to the validity of anything
previously done under that rule."]

PONDICHERRY:

19[After section 89, insert the following:--

(1)

(2) } Same as in Tamil Nadu.

(3)

(4) Every rule made under this section shall, as soon as possible after it is made, be
laid before the Legislative Assembly, Pondicherry, while it is in session for a total
period of 14 days, which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session in which it is so laid or
the sessions aforesaid, the Legislative Assembly makes any modification in the rule
or decides that the rule should not be made, the rule shall thereafter have effect
only in such modified form or be of no effect, as the case may be, so, however, that
any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule."

PUDUCHERRY

29[In Section 89

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

The words "shall file the copy in his Book No. 1", wherever they occur, the words "or
get scanned " shall be added.]

WEST BENGAL:

22[In its application to the State of West Bengal after section 89, section 89A(1) and (2), as
inserted, are the same as in Karnataka.]

UTTARAKHAND

30[In Section 89

The following section shall be inserted; namely:-

"78-B     (1) The fee for the registration of a document may be charged in
the form of adhesive labels for which the Inspector-General of Registration
may, with the prior approval of the State Government, make rules to
regulate supply and sale thereof, the persons by whom alone such sale is to
be conducted and the duties and remuneration of and the fees chargeable
from such persons.

(2) The District Registrar may, on an application of a person, make

allowance for the spoiled, misused or unused adhesive labels
purchased for the registration of a document is accordance with the
rules made by the Inspector-General of Registration with the prior
approval of the State Government."]

UTTAR PRADESH

38[In its application to the State of Uttar Pradesh, in Section 89,-

(a) in sub section (1), (2) and (4), for the words "file the copy in his Book No. 1",
substitute "take a similar action on it as taken on it as taken on a document
admitted to registration under sub section (1) of section 61";

(b) in sub section (3) for the words "file the copy or copies, as the case may be, in
his Book No. 1", substitute "take a similar action on it as taken on a document
admitted to registration under sub section (1) of section 61";]

MAHARASHTRA -

35[After section 89 of the principal Act, the following sections shall be inserted, namely:--

" 89A. Copies of court decrees, attachment orders, etc., to be sent to Registering
Officers and filed in registers.--

(1) Every Court passing,--

(a) any decree or order creating, declaring, transferring, limiting or

extinguishing any right, title or interest to or in immovable property
in favour of any person, or

(b) an order for interim attachment or attachment of immovable

property or for the release of any immovable property from such
attachment,

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

shall, in accordance with the rules made in this behalf, send a copy of such
decree or order together with a memorandum describing the property as far
as may be practicable, in the manner required by section 21, to the
registering officer within the local limits of whose jurisdiction the whole or
any part of the immovable property comprised in such decree or order is
situate, and such officer shall file the copy of the memorandum in his Book
No. 1 :

Provided that, where the immovable property is situate within the

local limits of the jurisdiction of more than one registering officer, the
procedure specified in clauses (a) and (b) of this sub-section shall be
followed in respect of the property within the jurisdiction of each of
such officers.

(2) Every officer issuing a certificate of sale or a written demand before the
attachment of the immovable property of a defaulter under the provisions of
any law relating to Revenue Recovery for the time being in force including
the Revenue Recovery Act, 1890 (1 of 1890), shall,--

(a) send a copy of such certificate of sale or written demand together

with a memorandum describing the property, as far as may be
practicable, in the manner required by section 21;

(b) where such written demand is withdrawn or attachment of

property is lifted or the property sold and sale is confirmed, send a
memorandum indicating that fact and describing that property, as far
as may be practicable, in the manner required by section 21, to the
registering officer within the local limits of whose jurisdiction the
whole or any part of the immovable property to which the written
demand is situate, and such registering officer shall file a copy of the
written demand and the memorandum in his Book No. 1 :

Provided that, where the immovable property is situate within the

local limits of the jurisdiction of more than one registering officer, the
procedure specified in clauses (a) and (b) of this subsection shall be
followed in respect of the property within the jurisdiction of each of
such officers.

89B. Notice to be sent to registering officers by mortgagor in case of mortgage by

depositing title deeds and provisions for compensation in favour of subsequent
transferee.--

(1) Every person who has mortgaged immovable property by way of a

mortgage by depositing title deeds under clause (f) of section 58 of the
Transfer of Property Act, 1882 (IV of 1882) shall, within thirty days from the
date of the mortgage, file a notice of intimation of his having so mortgaged
the property, giving details of his name and address, name and address of

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

the mortgagee, date of mortgage, amount received under the mortgage, rate
of interest payable, list of documents deposited, and description of the
immovable property in the manner required by section 21. to the registering
officer within the local limits of whose jurisdiction the whole or any part of
the property is situate, and the said officer shall file the same in his Book No.
1:

Provided that, if the property so mortgaged falls within the

jurisdiction of more than one registering officer, the procedure
specified in this sub-section shall be followed in respect of the
property within the jurisdiction of each of such officers.

(2) If, the person who has mortgaged the property as aforesaid fails to file a
notice within thirty days as stated in sub-section (1) before the registering
officer or officers, as the case may be, and enters into any transaction in
relation to or affecting the immovable property which is the subject matter of
the mortgage, with a third party; such a transaction shall be void and the
third party shall be entitled to refund of any amount paid by him together
with interest at twelve per cent. from the date of payment and also to
compensation for any damages suffered by him, from the transferor.

(3) The amount recoverable by such transferee as specified in sub-section

(2) shall be a charge on the interest of the mortgagor, in the mortgaged
property :

Provided that, nothing in this section shall apply to the instruments of

agreement relating to mortgage by deposit of title-deeds which are
duly registered as per the provisions of this Act.

89C. Punishment for failure to file notice under section 89B.--

Any person who failed to file a notice under section 89B to the registering
officer alongwith fees, within the period specified in that section, shall be
punished with imprisonment for a term which shall not be less than one year
but which may be for a term which may extend to three years and shall also
be liable to fine.

89D. Power to make rules for filing of true copies of documents and notices referred
in sections 89A and 89B.--

(1) The State Government may, by notification in the Official Gazette, make
rules for all purposes connected with the filing of copies of documents
referred to in section 89A or filing of notices referred to in section 89B, in the
appropriate book under this Act.

(2) In particular and without prejudice to the generality of the foregoing

powers, such rules may provide for,--

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(a) the manner in which notices or true copies of documents shall be

prepared; and

(b) the manner of filing of the notices or true copies.

(3) Every rule made under this section shall be laid, as soon as may be, after
it is made, before each House of the State Legislature, while it is in session
for a total period of thirty days, which may be comprised in one session or in
two or more successive sessions, and if, before the expiry of the session in
which it is so laid or the session immediately following, both Houses agree in
making any modification in rule or both Houses agree that the rule should
not be made, and notify their decision to that effect in the Official Gazette,
the rule shall, from the date of publication of such decision in the Official
Gazette, have effect only in such modified form or be of no effect, as the
case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done or omitted to be
done under that rule.]

1. Vide Andhra Pradesh Act 38 of 1974, section 2 (w.e.f. 1-11-1974).

2. Vide Act 11 of 1960, section 87, Gujarat A.L.O. 1960.

3. Vide Kerala Act 7 of 1968, section 17 (w.e.f. 22-2-1968).

4. Vide Madhya Pradesh Act 42 of 1965, section 2 (w.e.f. 9-12-1965).

5. Vide C.P. and Berar Act 59 of 1949, section 2 (w.e.f. 23-12-1949).

7. Vide Bombay Act 5 of 1929, section 12 (w.e.f. 22-5-1929) read with Act 35 of 1958, section 2 (w.e.f. 24-4-1958).

8. Vide Bombay Act 35 of 1958, section 7 (w.e.f. 24-4-1958).

9. Vide Maharashtra Act 20 of 1971, section 58 (w.e.f. 15-6-1972).

10. Vide Orissa Act 3 of 1938, section 40 (w.e.f. 18-3-1940).

11. Vide Rajasthan Act 16 of 1976, section 5 (w.e.f. 13-2-1976).

12. Vide Tamil Nadu Act 3 of 1936, section 2 (w.e.f. 21-1-1936).

13. Vide Tamil Nadu Act 31 of 1974, section 2 (w.e.f. 1-10-1974).

14. Vide Tamil Nadu Act 31 of 1982, section 3 (w.e.f. 5-9-1983).

15. Vide Goa Act 24 of 1985, section 14 (w.e.f. 5-12-1985).

16. Vide Karnataka Act 41 of 1984, section 5 (w.e.f. 7-11-1986).

17. Vide Kerala Act 7 of 1968, section 18 (w.e.f. 22-2-1968).

18. Vide Orissa Act 17 of 1966, section 2 (w.e.f. 11-7-1966).

19. Vide Pondicherry Act 17 of 1970, section 7 (w.e.f. 1-11-1970).

20. Vide Tamil Nadu Act 21 of 1986, section 5 (w.e.f. 1-4-1967).

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

21. Inserted by Tamil Nadu Act 3 of 1987, section 2 (w.e.f. 1-4-1987).

22. Vide West Bengal Act 17 of 1978, section 6 (w.e.f. 1-1-1983).

23. Vide Orissa Act 14 of 1989, section 15 (w.e.f. 19-9-1989).

24. Vide Tamil Nadu Act 26 of 1981, section 2.

25. Vide Orissa (Act No. 8 of 2002) dated 24.05.2002.

26. Inserted by Registration (Karnataka Amendment) Act, 1976.

27. Substitution by Indian Registration (Madhya Pradesh Amendment) Act, 1965.

28. Inserted by Indian Registration (Orissa Amendment) Act, 1966.

29. Added by Registration (Puducherry Amendment) Act, 2004.

30. Inserted by Indian Registration (Uttarakhand Amendment) Act, 2011.

31. Inserted by Indian Registration (Madras Amendment) Act, 1966 (Act 21 of 1966).

32. Inserted by Registration (Tamil Nadu Amendment) Act, 1981 (Act 26 of 1981).

33. Added by Registration (Tamil Nadu Amendment) Act, 1982 (Act 31 of 1982).

34. Inserted by Registration (Tamil Nadu Amendment) Act, 1986 (Act 03 of 1987).

35. Inserted by Registration (Maharashtra Amendment) Act, 2010.

36. Inserted by the Registration (Tamil Nadu Amendment) Act, 1974.

37. Inserted by the Registration (Tamil Nadu Second Amendment) Act, 2000.

38. Substituted by Uttar Pradesh Act 36 of 2001, section 25 (w.e.f. 22.05.2002).

39. Inserted by Andhra Pradesh Act 16 of 1999, Section 7 (w.e.f. 31-12-1998).

40. Inserted vide Registration (Gujarat Amendment) Act, 2018.

Section 90 - Exemption of certain documents executed by or in favour of Government

(1) Nothing contained in this Act or in the Indian Registration Act, 1877 (3 of 1877), or in the
Indian Registration Act, 1871 (8 of 1871), or in any Act thereby repealed, shall be deemed to
require, or to have at any time required, the registration of any of the following documents or
maps, namely:--

(a) documents issued, received or attested by any officer engaged in making a settlement
or revision or settlement of land-revenue, and which form part of the records of such
settlement; or

(b) documents and maps issued, received or authenticated by any officer engaged on
behalf of Government in making or revising the survey of any land, and which form part of
the record of such survey; or

(c) documents which, under any law for the time being in force, are filed periodically in any
revenue office by patwaris or other officers charged with the preparation of village records;
or

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3/11/22, 8:21 PM REGISTRATION ACT, 1908

(d) sanads, inam, title-deeds and other documents purporting to be or to evidence grants
or assignments by Government of land or of any interest in land; or

(e) notices given under section 74 or section 76 of the Bombay Land-Revenue Code, 1879,
or relinquishment of occupancy by occupants, or of alienated land by holders of such land.

(2) All such documents and maps shall, for the purposes of sections 48 and 49, be deemed to have
been and to be registered in accordance with the provisions of this Act.

STATE AMENDMENT

GOA, DAMAN AND DIU:

1[In Section 90

The words "grants or assignments by Government of land or of any interest in land",

the words "grants, assignments or leases by Government of immovable property or
of any interest in immovable property" shall be substituted.]]]

1. Vide Goa, Daman and Diu Act 2 of 1968, section 4.

Section 91 - Inspection and copies of such documents

1[(1)] Subject to such rules and the previous payment of such fees as the 2[3[State Government],
by notification in the Official Gazette, prescribes in this behalf], all documents and maps mentioned
in section 90, clauses (a), (b), (c), and (e), and all registers of the documents mentioned in clause
(d), shall be open to the inspection of any person applying to inspect the same, and, subject as
aforesaid, copies of such documents shall be given to all persons applying for such copies.

4[(2) Every rule prescribed under this sub-section or made under section 69 shall be laid, as soon
as it is made, before the State Legislature.]

STATE AMENDMENTS

Section 91A

5[Tripura:

After section 91, insert as under:

"91A. (1) The State Government may, by notification in the Official Gazette, make rules for all
purposes connected with the pasting of true copies of documents in the appropriate Books
under this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for--

(a) the furnishing of true copies of documents by the person presenting the document for
registration;

(b) the manner in which true copies of documents shall be prepared;

(c) the manner in which the true copies of documents shall be compared with the original
documents after the same are admitted to registration; and

(d) the manner of passing such copies.

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(3) Every rule made under this section shall be laid as soon as may be after it is made, before
the Legislative Assembly of Tripura, while it is in session for a total period of not less than
fourteen days which may be comprised in one session or in two or more successive sessions,
and if before the expiry of the session in which it is so laid or the successive sessions as
aforesaid the Legislative Assembly agrees in making any modification in the rule or the
Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the validity of anything previously
done under that rule".

______________________________

1. Section 91 renumbered as sub-section (1) thereof by

Act 20 of 1983, section 2 and Schedule.

2. Substituted  by the A.O. 1950, for "Provincial Government".

3. Substituted  by the A.O. 1950, for "State Government prescribes in this behalf."

4. Inserted  by
Act 20 of 1983, section 2 and Schedule.

5. Vide Tripura Act 7 of 1982, section 16

(w.e.f. 1-1-1983).

  

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