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State of Odisha - Act

The Orissa Registration Rules, 1988

ODISHA
India

The Orissa Registration Rules, 1988

Rule THE-ORISSA-REGISTRATION-RULES-1988 of 1988

  • Published on 30 August 1989
  • Commenced on 30 August 1989
  • [This is the version of this document from 30 August 1989.]
  • [Note: The original publication document is not available and this content could not be verified.]
The Orissa Registration Rules, 1988Published vide Notification Orissa Gazette Extraordinary No. 1247 dated 30.8.1989, Notification SRO No. 363/89, dated 21.1.1989S.R.O. No. 363/89. - In exercise of the powers conferred by Section 69 of the Registration Act, 1908 (Act No. 16 of 1908) and after the approval of the State Government as required by Sub-section (2) thereof the Inspector-General of Registration do hereby make the following rules, namely :Part-I Preliminary

1. Short title, extent and commencement.

- (i) These rules may be called the Orissa Registration Rules, 1988.
(ii)They shall come into force on the first day of January, 1990.
(iii)These rules shall extend to the whole of the State of Orissa.

2. Definitions.

- In these rules, unless the context otherwise requires-
(a)"Act" means the Registration Act, 1908 (No. XVI of 1908);
(b)"Appendix" means an Appendix to these rules;
(c)"Authorised holiday" means a holiday notified by the State Government or by any other authority authorised by the State Government;
(d)"Index" means the indexes mentioned in Section 55;
(e)"Inspector" means Inspectors of Registration Offices appointed under Section 8 of the Act;
(f)"Registration Office" includes a Registrar's, Sub-Registrar's and a Joint Sub-Registrar's Office;
(g)"Registering Officer" includes a Registrar, a Sub-Registrar and a Joint Sub-Registrar appointed under the Act;
(h)"Register book" means books kept under Section 51 including additional Register Books opened under these rules;
(i)"Rule" means a rule made under the Act and for the time being in force;
(j)"Section" means a Section of the Act;
(k)Words and expressions used in these rules but not defined shall have the same meaning assigned to them in the Act.
Part -II Office Hours and Holidays

3. Office hours.

(1)The office hours of all Registration offices, shall be the hours fixed by the Government for Revenue Offices, as hours of working and such of the changes if any, shall be made known to the public by a notice, exhibited on the office Notice Board.
(2)Hours for presentation of documents - Documents shall ordinarily be accepted during the first three and half hours of the office hours and this shall be made known to the public by a notice in the above manner.

4. Holidays.

- The holidays to be observed in registration offices shall be those as notified by the State Government or by any other competent authority authorised by the State Government from time to time.Part-III Registering Officers(Sections 6 and 7)

5. Notice regarding registering officer's residence.

- A notice stating where the registering officer resides shall be affixed outside each registration office.

6. Joint Sub-Registrars.

(1)When two or more offices are established in a sub-district as Office of Sub-Registrar or Office of Joint Sub-Registrar each of the officers appointed to be in charge thereof shall be designated as Sub-Registrar or Joint Sub-Registrar, as the case may be, and shall have concurrent jurisdiction over the whole subdistrict, subject to the limitation of allotment of duties by the Registrar of the district.
(2)The senior most of the Officers so appointed under Sub-rule (1) shall sign and be designated as Sub-Registrar and the other as Joint Sub-Registrar.

7. Registration by Joint Sub-Registrar.

(1)When a Joint Sub-Registrar is appointed, as a temporary measure, to assist a Sub-Registrar, he will have no separate office or establishment but will work with the other permanent Sub-Registrar, the documents registered by both Sub-Registrars being entered in the same returns and registers and indexed in the same sheets.
(2)In case referred to in Sub-rule (1) one of the Sub-Registrars may complete the registration or authenticate the entry of a document admitted to registration by the other Sub-Registrar, when circumstances arise which prevent the latter officer from performing these duties.
(3)Each Officers will be held responsible for the work done by him though the Sub-Registrar will be generally responsible as the head of the office.Part -IV Seals(Section 15)

8. Custody of seals.

- The Seals prescribed by Section 15 shall always remain in the personal custody of the registering officer for whose use they are respectively provided and shall be kept under lock and key when not in use.

9. Use of seals.

- The seal shall be used in authenticating -
(1)The certificate endorsed on a registered instrument to the effect that all fees payable under Section 80 have been paid;
(2)Powers of attorney under Section 33;
(3)Summons issued under Sections 36 and 75 and commissions issued under Section 33 and 38;
(4)Certified copies given under Section 57;
(5)Memoranda and copies forwarded under Sections 64 to 66;
(6)Copies of orders with reasons for refusals to register under Sections 71 (1) and 76(1);
(7)Certified copies other than those referred to above granted to parties;
(8)Encumbrance/Nil encumbrance certificates and lists of documents executed by or in favour of a person granted to applicants under Rule 123;
(9)Copies of Judgements of Registrars in cases of appeals and applications;
(10)Reproduced entries of old registers;
(11)Receipts referred to in Section 52;
(12)All other receipts for fees and travelling allowances granted by the Registering Officer;
(13)Sealed covers when deposited for safe custody under Section 42;
(14)Wills when opened after the death of the testator or an application or by an order of a Court under Section 45 or Section 46 of the Act respectively;
(15)A document when it occupies more than one sheet of sheet of paper, the seal and signature of the registering officer shall be affixed on every sheet at the time of presentation;
(16)Information in English forwarded in regard to copies of vernacular documents for other States;
(i)Notices filed under the provisions of the Orissa Land Reforms Code -
(ii)Statements in Form 37-G and Return in Form No. 3-H under Section 269-P of the Income Tax Act, 1961.
(iii)Certificate issued under the Orissa Money Lenders Act.

10. Destruction of seals.

- Seals which have become unfit for use and are replaced by new ones, and the seals of offices which have been permanently closed, shall be destroyed in the presence of the District Sub-Registrar, who shall make a note of the destruction in the Stock-Book of Furniture.

11. Replacement of old seals.

- When the seal of any registering officer becomes illegible by use or otherwise, an indent with a sample of inscription shall be submitted to the Director of Stationery, Printing and Publication through the respective District Registrar promptly for the supply of a new one. On receipt of the new seal the old one shall immediately be returned to the District Registrar for destruction.

12. Procedure in case of temporary non-receipt of seals.

- If a Registering Officer finds himself temporarily un provided with the prescribed seal, registration shall nevertheless proceed as usual and such documents as have been transcribed shall remain in his custody until the seal can be affixed to the registration certificate.Part - V Books and Fire Proof Boxes(Section 16)

13. Register Books.

- The register books as prescribed hereinafter shall be supplied to the registering officer by Government as per their requirement.

14. Central office of record in each district.

(1)Each Registrar's office shall be the Central office of records for the district. But the records of subordinate offices will be preserved in those offices where accommodation is available and in offices where accommodation is not available the following records will be consigned to the Central Record Room, (a) Completed volumes of Register Books number-1 together with the file book containing the copies referred to in Rule-96 (b) Completed volumes of Register book number-3 and 4 and indexes number I, II, III and IV.
(2)The Registrar, on receiving indexes number I, II, III and IV from Sub-Registrar Office, if unbound, shall bind them separately for each Sub-Registrar Office.

15. Fire proof box.

- Government shall apply to each Registrar's office fire proof boxes or steel Almirah for the preservation and safe custody of valuable documents and sealed covers that are required to be preserved permanently.

16. Number of pages in books and files.

- The registers and file books shall contain such number of pages as the Inspector-General may from time to time prescribe.

17. Additional Records.

- All other books and records necessary for a Registration Office shall be maintained in the manner prescribed by the Inspector-General of Registration from time to time.

18. Responsibility for the safe-custody of records.

- Every Registering Officer shall be responsible for the preservation and safe custody of all registration records and documents including those of previous year such have accumulated in or have been transferred to his office.

18A. [ Books to be kept in Electronic Form. [Inserted vide Orissa Gazette Extraordinary No. 735 dated 31.5.2002. (Notification No. SRO 494/2002 dated 30.5.2002).]

- Books may also be kept in computer floppies or diskettes or in any other Electronic Form in the manner as may be determined by the Inspector-General of Registration from time to time.]Part-VI Languages(Section 19)

19. Languages to be deemed to be commonly used in different Sub-Districts.

- The following languages shall be deemed to be commonly used in all the Registration Sub-District of Orissa.Languages - Oriya and English

20. Translation of power of attorney to be filed in certain cases.

(1)When a power of attorney is presented for attestation or when an attested power of attorney is produced by an agent with, or in connection with, a document presented for registration and it is written or authenticated or both written and authenticated in a language or languages not commonly used in the district, the registering officer shall if he does not understand the language, demand a true translation of the power or the endorsement or authentication as the case may be, in English or in a language commonly used in the district.
(2)The translation shall be certified to be a true translation and shall be signed by the presentant.
(3)The stamp venders endorsement on a document shall be signed by the presentant.
(4)The stamp venders endorsement on a document shall be considered to be a part of the document and if it is in a language not understood by the registering officer, the party concerned shall be required to file a true translation duly certified as such.

21. Translation and copies.

(1)All documents presented for registration shall be in a language which is commonly used in the district. When a document is in a language not commonly used in the district shall be accompanied by a translation into a language commonly used in the district and also by a true copy. In cases of documents whose copies are meant to be transmitted to other offices, a copy of the translation of the document in the language accepted as official of that office shall also be furnished for such transmission. Documents shall be refused acceptance if not complied with the above requirements.
(2)Such translations and copies shall be kept in the file book referred to in Rule 96(b)(iii) a references being made to the said file on the right hand margin of the page on which the translation is copied in the register book.
(3)When translations are copied in register books all endorsements that have been made by the registering officer in the original, shall be copied out in the register book in the endorsement column.
(4)The translation and copies of documents required by Sections 19 and 62 shall be made upon machine made medium paperPart-VII Corrections in Documents(Section 20)

22. Attestation of interlineations, blanks, erasures and alternations.

- If a document is brought for registration within the prescribed time, the Registering Officer shall see whether it contains by unattested interlineation, blanks, erasures or alternations of the kind mentioned in Section 20 of the Act; and if the executant appears personally. He shall be required to attest all these interlineations, blanks, erasures and alterations and if he appears by a representative or agent in attestation by such representative or agent shall be accepted if the interlineations, blanks, erasures or alternations are of an unimportant character if the cause for such acceptance is shown.These interlineations, blanks, erasures or alternations, if individually not attested, may be certified by note at the end of the document duly signed by the executant or executants or as aforesaid, by representative or agent.If these are not attested, the Registering Officer shall return the documents to the presentant rectifying these defects. This course is, however, unnecessary in respect of a document executed solely a public functionary as such or of a document received under Section 89 of the Act. In such cases in suffice if the interlineation, erasure, or alternation is attested by the officer concerned.Note - (a) Registering Officers should ensure to see that documents presented for registration are legibly and clearly written.
(b)Whenever a document is presented for registration with portions written in different ink, pen or hand, the registering officer should advise the presentant to note the fact at the foot of the document and sign it. If the presentant refuses to do this, the Registering Officer shall make note of it in the copy in the register book on the margin reserved for notes under Section 20 of the Act.
(c)As a safe-guard against tampering, Registering Officers should see that material and important items such as date, amount of consideration, rate of interest, extent of property affected holding and plot numbers are described in the document both in figures as well as words.
A notice to this effect shall be hung up in the office notice board.Part-VIII Description of property[Sections 21 and 22(i)]

23. Territorial Divisions.

- The description of the "territorial division" required by Section 21 of the Act shall, as far as practicable, give the following particulars :
(a)the registration districts, sub-districts, Tahasil and Thana;
(b)any well known division, such as Pragana, Bisa Mostha and Mouza;
(c)the village, Hamlet or suburb in which the property referred to in a registrable document is situated;
(d)revenue district, if they are different from Registration district.

24. Description of property by reference.

(1)If property is described in a supplementary document by specific reference to an instrument which has been already registered or of which a true copy has been filed under Section 65 or 66 in the office in which the document is presented for registration and if that document contains the particulars required by the rules in force, the description need not be repeated in a supplementary document.
(2)In the case of villages where survey and settlement operations are complete and final record-of-rights issued, the description of property shall contain all the details as described in the record-of-rights, viz. Village Number, Khata Number, Plot Number, classification of land and the area noted in the record-of-rights and the local names, if any, used.
(3)In case of part-plots, the four boundaries shall be furnished.Part - IX Presentation and Examination of Documents(Section 19, 21, 22, 23, 28, 29, 32, 40 and 52)

25. Conditions of admissibility.

- Every document, on being tendered for registration shall be examined by the Registering Officer in regard to the following points :
(i)that it has been presented at the Proper Office (Sections 28, 29 and 30);
(ii)that it bears the proper stamp or is exempted from or is not liable to stamp duty;
(iii)that it is in a language deemed to be commonly used in the district, or is accompanied by a true translation into such a language and a true copy (Section 19);
(iv)that in case of any interlineation, blank erasure or alteration, Section 20 and Rule 22 have been complied with;
(v)that if the document is non-testamentary and relates to immovable property, the description thereof is sufficient (Section 21);
(vi)that if the document is non-testamentary and contains a map or plan, it is accompanied by the prescribed number of true copies of the map or plan [Section 21(4)];
(vii)that if the document is non-testamentary and relates to lands or houses, the description of which is governed by rule made under Section 22, Sub-section (1), the lands or houses are described according to that rule (Section 22);
(viii)that if the document is not a will, it has been presented within the proper time (Sections 23 to 26);
(ix)that, the document has been presented by the person authorised in that behalf (Section 32 or Section 40);
(x)[ that the presentant has affixed his passport size photograph and fingerprints to the document (Section 32-A); [Inserted vide Orissa Gazette Extraordinary No. 735 dated 31.5.2002. (Notification No. SRO 494/2002 dated 30.5.2002).]
(xi)that the pass-port size photograph and finger prints of each buyer and seller, in case of sale of immovable property has been affixed to the document.]

26. Documents sent by post or messenger.

- A document, other than those referred to under Section 88 shall not be accepted for registration if transmitted by post. A document referred to under Sub-section (2) of Section 88 may be presented through a messenger with a covering letter signed by the Government Officer or other person referred to under Sub-section (1).

27. Endorsement of Certificates of admissibility.

- If the requirement of the law have been complied with in respect of all these particulars indicated in Rule 25 and there are no impediments to the acceptance of a document for registration, a certificate of admissibility in Form No. I Appendix II, shall be endorsed on the face of the document [or such endorsements may also be made through the Computer] [Inserted vide Orissa Gazette Extraordinary No. 735 dated 31.5.2002. (Notification No. SRO 494/2002 dated 30.5.2002).] and shall be signed and dated by the Registering Officer.

28. Receipt of fees and fines.

- After endorsing on a document the certificate of admissibility referred to in Rule 27, the Registering Officer shall receive the registration fees and fines, if any, payable under Subsection (1) of Section 25 and shall enter the respective amount thereof on the document closed to the said certificate.

29. Endorsement of presentation.

- The Registering Officer shall endorse on the document, the date, the hour and the place of presentation and take the signature of the presenting party to such document.And at the same time a requisite entry shall be made in the Fee-Book after completion of necessary enquiry envisaged under Section 34.

30. Grant of Receipt.

- (I) The amounts of fees and fines, if any, paid shall be respectively endorsed on the receipt granted under Section 52(1 )(b) in Form No. 12, Appendix - I [or such receipt may also be prepared through Computer whenever required.] [Added vide Orissa Gazette Extraordinary No. 735 dated 31.5.2002. (Notification No. SRO 494/2002 dated 30.5.2002).](II)Receipts in receipt book shall in triplicate and the duplicate and triplicate copies shall be Carbon copies.(III)The duplicate and triplicate copies of the receipt shall be delivered to the presentant. The duplicate receipt shall be produced for getting back the document and the triplicate may be retained by him for his record.Notes - (a) Any subsequent fees paid on a document shall be entered in the duplicate and triplicate receipt (if produced) and the duplicate shall then be posted on to its original.(b)Signature with date of the parties receiving the document shall always be taken when the deeds are actually delivered to them.(c)Disposal of documents when presentant does not turn-up.
(1)In cases where documents are tendered for registration but later on when the parties do not respond on call when taken up for registration and the documents lie unclaimed, a list of such documents should be made in a Register with the following form at the end of the day :
Serial No. Date of Presentation Name of presentant Date of return to the presentant with signature Date of destruction Remarks
(1) (2) (3) (4) (5) (6)
(2)If by mistake certificate of admissibility, the endorsement of presentation and the seals have been endorsed thereon, they should be cancelled forthwith because the document can not be considered presented for registration according to law, as the signature of the presentant is not endorsed on it and the Registering Officer cannot satisfy himself that it was presented by the person authorised on that behalf. In such a case, the following procedure should be observed :
(a)The party should be called the next day and if he responds the document should be returned to him with his signature obtained in the register. In case he fails to turn up continuously, the document should be destroyed after 15 (fifteen) days, recording the date of destruction in column 5 of the register.
(b)if such document is not claimed by the person by whom it purports to have been executed within 14 days from the date of presentation and the claimant applied to the Registering Officer before the expiry of that period, for issue of summons upon the alleged executant under Section 36, the Registering Officer will not destroy the document.
(c)If the alleged executant appears the Registering Officer will explain him that a document purporting to have been executed by him, was presented on a previous date and enquire whether he admits execution, if he does, the Registering Officer will proceed to comply with the requirements of Rule 27, Sections 52 and 58.
(d)If he declines if or refuses or neglects to appear, on the date fixed notwithstanding services of summons, no endorsement will be made on it, and the Registering Officer will advise the claimant to take such other legal steps as he may think fit. The document will remain in the custody the Registering Officer for 2 years after which it may be destroyed in the usual process.
(e)If in the meanwhile it is called for by any Court the Registering Officer will comply with the orders.

31. Acceptance of documents at residence of Registering Officer.

- Acceptance of a document for registration by a Registering Officer at his private residence is forbidden.

32. Acceptance of documents on holidays.

- A document for registration under Section 28 or a will for deposit under Section 42 or an application for accepting a document for registration or a Will for deposit at private residence under the proviso to Section 31 or for examination of a person under Subsection (2) of Section 38 at his private residence may be accepted on an authorised holiday on the grounds of special urgency subject to prepayment of fees prescribed therefore.

33. Impounding of documents not duly stamped.

(1)Whenever, it appears to a Registering Officer that a document presented for registration is not duly stamped he shall net realise the registration fees, but shall impound the document at once under Section 33 of the Indian Stamp Act, 1899 and shall enter it without delay in the Register of Impounded Documents (Form No. 37 Appendix I).
(2)The headings prescribed in Form No. 12 in Appendix II shall as far as practicable be filled up in the receipt granted to the presentant under Section 52 Clause (b) of Section 52(1) and the words "Document impounded" shall be recorded in red ink on the said receipt under the registering officer's signature.
(3)If the document is chargeable with duty under the Court Fees Act, 1870 and is unstamped or in sufficiently stamped, it shall be returned to the party presenting it in order that the stamp duty on the deficiency in the Stamp duty be made good.
(4)Before forwarding the document to the Collector, the Registering Officer shall record on it.
(i)the endorsement "Impounded under Section 33 and forwarded to the Collector under Section 33(2) of the Indian Stamp Act, 1899".
(ii)the endorsement required by Section 52; and
(iii)the endorsement required by Section 58;

34. Procedure when impounded document is returned by the Collector.

(1)When an impounded document is received back from Collector with his certificate that it is duly stamped or is not chargeable, the Registering Officer shall send a notice immediately to the presentant, by registered post, requesting him -
(a)to appear on or before a fixed date with the receipt which was given to him on presentation of the document;
(b)to pay the necessary fees on or before a fixed date;
(c)if the admission of execution was not recorded before to take steps for the registration of the document and on his complying fully with such request the registration shall be proceeded with.
(2)The said fees may be taken either from the presentant, if he appears, or from the person nominated in writing in that behalf on the receipt, and the requisite entries shall then be made in the fee-book and in the receipt.
(3)If the presentant after the receipt of the notice, fails to pay the necessary fees on or before the date fixed, registration may be refused for non-payment of fees.
(4)If the party prays, for time for deposit of fees on any reasonable ground, the same may be allowed but application for further extension should not be entertained.

35. Advice about stamp duty.

- If the executant of a document in doubt about the proper stamp duty and consults a Registering Officer on the subject before formal presentation, the required information, may be given without impounding the document. It should be explained to the executant at the same time that if he wishes to obtain an authoritative opinion, he must apply to the Collector under Section 31 of the Indian Stamp Act, 1899.

36. Date of execution.

(1)A registering officer may require that the date of execution shall be entered in a document presented for registration whenever it is not found therein.
(2)The date of execution of a document is the date on which it is signed by the party and the date which a document bears as its head is not necessarily the date of its execution though it is prima facie so.
(3)The date on which a certificate of a sale by a Civil or Revenue Court was signed by the Court shall be taken as the date of execution for registration purposes.
(4)Alterations of the date of execution - An attestation in the date of execution of a document made ostensibly for the purpose of evading payment of the penalty leviable under Sections 25 and 34 shall not be recognised and the document shall be treated as having been executed on the date originally entered therein.
(5)If the date of execution is not stated or if it is altered or if the document bears an impossible or fictitious date anterior to the date of purchase of stamps on which the document or any portion of it is written, the document shall be refused registration, if the correct date can not be ascertained.

37. Copies of maps or plans.

(1)Every copy of a map or plan accompanying a document shall be in duplicate and be certified to be a true copy and shall be attested by the signature of the person executing the document or of his duly authorised agent. The Registering Officer shall sign and seal the map or plan. The copies shall be filed in the File Book maintained under Rule 96, a cross reference being noted on the map and the copy entry.
(2)When a document containing a map or plan is presented under Section 23-A for re-registration the parties shall be required to deposit fresh copies of the map or plan under Sub-section (4) of Section 21 but the Registering officer shall certify the copy of the document made in the register-book on re-registration that the map or plan attached to such document is the same as that which was attached to the document on its first presentation.

38. Documents presented in duplicate, triplicate etc. copies.

(1)When two or more copies of the same document are admitted to registration at the same time, each copy shall be separately numbered in the Fee-Book and Register Book. All endorsements shall be written upon each copy.
(2)The duplicate, triplicate and other copies must be exact reproduction of the original and of the original and bear the same date and must be certified by the executing parties to be true and the exact copies of the original should any discrepancy be detected, the presentant shall be required to reconcile it before the document is accepted for registration. If the original contains a map or plan or any annexure, a true and exact copy of such map, plan or other annexure shall be annexed to the duplicate, triplicate and other copies also.

39. Documents presented for re-registration.

- A document tendered for re-registration shall be treated in all respects if it were a new document. It shall be recopied in its altered form and full fees levied. If there be insufficient room on the back of the document for the new set of endorsement required, they shall be written or contained on a separate piece of paper as provided in Rule 127, only the endorsements including the certificate of admissibility on the left hand margin of the book, previous endorsements already made in the document being copied in the body of the copy in order as they appear on the original deed.

40. Delay in presentation.

(1)When a document is presented under Sub-section (1) of Section 25 to a Sub-Registrar, he shall examine it with regard to the particulars mentioned in Rule 25 and submit it forthwith to the Registrar, with the application referred to in Sub-section (2) thereof recording or the document only the endorsement under Clause (a) of Sub-section (1) of Section 52 whether or not he considers the reason for delay satisfactory. If the Registrar returns the document with a direction that the document should be accepted for registration the Sub-Registrar shall deal with it in the same manner as documents presented within the.time allowed for registration, adding on it the following endorsement : - "Accepted for registration as per direction of the Registrar of.................in No.............dated.............issued under Section 25, Sub-section (1) of the Registration Act (XVI of 1908)" When, however, the Registrar declines to give such direction the document should be refused to registration.
(2)Pending orders on such reference to a Registrar under Sub-rule (1) the Registering Officer, may however record the admission of execution and the examination of the witnesses, if any.
(3)The Registrar shall promptly deal with applications received under Sub-rule (1).

41. Procedure on failure of the executant to appear within four months from execution of document (1).

- When a document has been presented to a Sub-Registrar for registration within the period prescribed by Section 23, and the executant fails to appear to admit execution within that period the Sub-Registrar shall immediately after the expiration of the said period, record a formal refusal to register, leaving it to the parties to appeal to the Registrar under Section 72 :Provided that the Sub-Registrar shall not record such an order if the presentant has, before the expiration of the said period, initiated proceeding under Section 36 to procure the appearance of executant. He should wait till the disposal of such proceedings but not beyond eight months from the date of execution.
(2)In the case of an appeal referred to in Sub-rule (1), the Registrar, if satisfied on the appearance of the executant before him that the executant's non-appearance before the Sub-Registrar within the period prescribed by Section 23 was due to urgent necessity or unavoidable accident, may pass an order directing the Sub-Registrar to register the document on payment of fines as provided in the proviso to Section 34(1).
(3)
(a)If the executant appears on the service of the summons referred to in the proviso to Sub-rule (1) and admits execution, his admission shall be recorded on payment of the requisite fine and he shall be called up on to submit an application addressed to the Registrar for a direction under the proviso to Sub-section (1) of Section 34, explaining the cause of the delay in his appearance. When such an application is received, the Sub-Registrar, shall submit it to the Registrar with his remarks, if any, and await orders.
(b)If on the receipt of the application the Registrar is satisfied with the cause shown for the delay he may pass an order directing the Sub-Registrar to register the document. The Sub-Registrar on receipt of such direction should admit the document to registration with the following endorsement added thereon.
"Admitted to registration as per Registrar's order No..................dated.......... issued under the proviso to Section 34 'Sub-section (1)'.
(c)When, however, the Registrar is unable to accept the cause for delay he shall direct to the Sub-Registrar to refuse to register the document.
(d)If the executant refuses or fails to show cause for the delay in his appearance, the Sub-Registrar shall refuse to register the document.
(e)The Sub-Registrar, on receipt of Registrar's Order under Clause (c) or on deciding to refuse registration under Clause (d), shall record an order of refusal under Section 34, Sub-section (1) for non-appearance of the executant within the period of four months from the date of execution.

42. Procedure on failure of the executant to appear, after payment of fine under Section 25 within eight months from execution of document.

(1)A document in respect of which time for acceptance is extended under Section 25, should be refused registration immediately after the expiration of the period of eight months from the date of its execution if the executing parties fail to appear within the said period to admit execution thereof before the Sub-Registrar. In such a case, an appeal lies to the Registrar under Section 72 :Provided that no such document, shall be refused to registration if its presentant has, before the expiration of the said extended period, initiated proceeding under Section 36 to procure the appearance of the executant. The Sub-Registrar should wait till the disposal of such proceedings but not beyond a period of twelve months from the date of execution.
(2)In the case of an appeal mentioned in Sub-rule (1) no direction for the registration of the document can be issued by a Registrar unless, it is shown on the appearance of the executant before him that the executant's non-appearance before the Sub-Registrar, within the period extended under Section 25 was due to urgent necessity or unavoidable accident. When the Registrar issues such a direction; a fine shall be imposed as provided in the proviso to Section 34, Sub-section (1) in addition to the fine already imposed under Section 25, Sub-section (1).
(3)
(a)If the executant appears on the service of the summons referred to in the proviso to Sub-rule (1) and admits execution, his admission shall be recorded on payment of the requisite fine and he shall be called upon to submit an application addressed to the Registrar for a direction under the proviso to Sub-section (1) of Section 34, explaining the cause for the delay in his appearance. When such an application is received the Sub-Registrar submit it to the Registrar with his remarks, if any, and await orders.
(b)The Registrar, if satisfied with the cause shown for the delay in appearance of the executant, may pass an order directing the Sub-Registrar to register the document, on payment of the fine as provided in Section 34, Sub-section (1) in addition to the fine already imposed under Section 25, Sub-section (1) and the Sub-Registrar shall, on receipt of such order admit the document to registration with the endorsement prescribed in Rule 41 (3)(b).
(c)If the Registrar is unable to accept the cause shown for the delay he shall direct the Sub-Registrar to refuse to register the document.
(d)If the executant refuses or fails to show cause for the delay, the Sub-Registrar shall refuse to register the document.
(e)The refusal contemplated by Clauses (c) and (d) should be based on the ground of non-appearance of the executant within the prescribed period under Section 34(1).
Interpretation of the law relating to the delay in presentation of documents for registration and in appearance of executants -Note (a) - Law requires that both the presentation for registration and appearance of the executant shall take place within four months from the date of execution. But, in order to avoid hardship in certain cases, it also provides that a further period of four months shall be allowed, subject to a fine (1) when a document cannot be presented within the first four months owing to urgent necessity or unavoidable accident (Section 25) and (2) when after the document has been presented the executant owing also or urgent necessity or unavoidable accident cannot appear or cannot be made to appear to admit execution (Section 34, proviso). In cases of urgent necessity or unavoidable accident, therefore, a delay of four months after due time is allowed for presentation under Section 25 and a similar delay for appearance under Section 34 and both periods may be allowed for the same document if an urgent necessity or an unavoidable accident accrues to prevent both the presentation of the document and the appearance of the executant in the due time. The two periods are quite distinct and are given for different purposes and at different stages in the process of registration.
(b)the time during which an impounded document remains with the Collector for adjudication of stamp duty cannot be excluded in calculating the period of four months under Section 23 or 24 of the Registration Act.

43. Wilful refusal or neglect to appear and admit execution.

- A Registering Officer shall record his refusal to register the document under Section 35 as soon as he is satisfied that the summons has been served according to law and the executant has refused or neglected to appear on the appointed date.Note - Where an executant of a document does not appear to admit execution, notwithstanding issues of process against him, the Registering Officer shall decide for himself whether registration shall be refused on the ground of wilful non-appearance, tantamount to denial of execution and in coming to a decision on this point, he may admit the testimony of the claimant or of his representative or agent that the executant is wilfully keeping out of the way.

44. Documents executed out of India.

(1)The procedure prescribed by Rule 41 shall apply also in the case of documents referred to in Section 26 provided that the period of four months referred to in that rule and may extended period allowed under the proviso to Sub-section (1) of Section 34 must be reckoned from the date of such documents in India and not from the date of their execution.
(2)Such documents shall not, under any circumstances, be admitted to registration more than eight months from the date of their arrival in India.Procedure in the case of the documents executed partly in and partly out of India - In the case of a document executed by some of the parties in and by others out of India, the party presenting the document may proceed at his option under Section 23 or Section 25 instead of Section 26 and if he does so, the provisions of the above instructions regarding these Sections shall apply.Evidence as to the date of arrival of a document in India being a question of fact, it if clear that documentary or oral evidence would be necessary to prove it.The expression within 4 months from the date of its execution is explained below :The word "from" is explained in the General Clauses Act, Section 9(1), which says that when that word is used with reference to a period of time, the first day ought to be excluded.The word 'month" is defined in General Clauses Act, Section 3(33) to mean a month reckoned according to the British Calendar.

45. Calculation of fines.

(a)The fines for delays in presentation and appearance under Section 25 and 34 shall be regulated according to the scale prescribed in the table of fees.
(b)When a document is presented for registration in duplicate or triplicate, the fine referred to in Sub-rule (a) shall be calculated as on the original document.
(c)Documents refused registration for delay in presentation and appearance, if represented for registration either under an order passed by a Registrar in an appeal or under an order of a Civil Court should be assessed with fines leviable for the delay based on the dates of original presentation or appearance as the case may be besides the usual registration fees.

46. How to register when a Registrar decides that a document should be registered more than four months after its execution

(1)When a document is presented for registration, or the execution thereof is admitted, more than four months after execution and the Registrar decided that the document should be admitted to registration, he may either :
(a)register the document himself, in which case the extra fees prescribed in Article D of the table of fees, as well as the penalty imposed under Section 25 or the proviso to Sub-section (1) of Section 34, as the case may be, shall be levied, or
(b)direct the registration of the document, on payment of the said penalty, by any Sub-Registrar in whose office it could have been registered if presented within the said period of four months-
(2)In such cases the date on which the application was made to the Registrar for his decision shall be regarded as the date of presentation.

47. Documents dealing with properties situated within and outside the jurisdiction of the Act.

- A document relating to immovable property which is situated partly within and partly outside the area to which the Registration Act applies may be registered in the office of the Registering Officer within whose jurisdiction any portion of the property is situate, but in such a case, the certificate of registration recorded under Section 60 shall show that the registration has been effected only as regards that portion of the property which lies within the areas where the Registration Act is in force in the following form viz :Registered in Book-IVol.-Pages- to Being No........for the year...............effecting property situated under..............S.R.O.Registering OfficerPart-X Visits and Commissions(Sections 31, 33 and 38)

48. Application for visit or commission and payment of fees.

- All applications for visits or issue of Commissions as the case may be under Sections 31, 33 and 38 shall be in writing, signed by the person, in all possible cases for whom attendance is required, shall be accompanied by the amount of the fee or fees chargeable as well as the amount of travelling allowance claimable by the Registering Officer or Commissioner and shall be entered in the register (Form No. 19 Appendix-1). No visit shall be paid or commissions issued until the said fee or fees and travelling allowance have been paid by the applicant.

49. Jurisdiction to registering officers for Visit.

- A registering officer may attend the residence of an executant situated outside his jurisdiction for accepting a document for registration or deposit of a will under the proviso to Section 31.

50. Receipts for payments for visit under Section 31.

(1)When the amounts referred to in Rule 47 are paid, in respect of a visit under the proviso to Section 31, the Registering Officer shall grant a receipt there for in Form No. 20 in Appendix-I.
(2)In the receipt granted under Section 52(b) in regard to the document in respect of which the application was made for visit as well as on the deed itself the payment of fees for visit including the travelling allowance shall be reproduced apart from the fees paid for the registration of the document under Rule 28.When Commissions may be issued -Notes - (a) Commission can be issued only under Sections 33 and 38 of the Act. In cases under the second clause of Section 31, the Registering Officer, should himself attend at the residence of the person desiring to present a document or deposit a will. It is desirable that Sub-Registrars should themselves pay the visit, as far as possible, in every case, even under Sections 33 and 38.
(b)Save under exceptional circumstances, travelling allowances can be drawn by one person only in making a visit or executing a commission under Sections 31, 33 and 38. Registering Officers, making a visit under these sections should not, therefore, be accompanied by a clerk.
(i)Attendance at private residence shall be made not of office hours or on holidays so as not to interfere with the regular office work, except in very urgent cases or when persons who are seriously ill have to be examined. A Registering Officer may postpone his visit for a holiday when such visit involves a journey to a distant village. In that event a statement should be obtained on the application to the effect that the applicant has no objection to the postponement of the visit to the holiday which should be specified.
(ii)When attendance is postponed to some later date or when the applicant for visit is withdrawn by the party, the reason for such postponement or withdrawal should be noted on the applications, as well as in the column of remarks of the register of visit and commission.
(d)It has been held that exemption from personal appearance in a registration office on account of "bodily infirmity" under Section 38 also covers the case of those who are temporarily disabled by illness.
(e)The following persons are exempt from personal appearance in Court under the Civil Procedure Code, Act V of 1908.
(i)Woman, who according to the customs and manners of the country, ought not to be compelled to appear in public.
(ii)Persons whom the State Government may by notification in the official Gazette exempt from personal appearance in Court, whose rank, in the opinion of the Government, entitles to the privilege of exemption.

51. Form and endorsement of Commissions.

(1)A Commission issued under Section 33 or Section 38 shall, when the person to be examined resides within the Sub-district, be endorsed in the document in Form No. 5 Appendix-II and be addressed ordinarily by the Registering Officer to one of his clerks. When the person to be examined resides in another sub-district, whether within the same district or in another district the commission shall be endorsed on the document in Form No. 6 of Appendix-II and directed to the Sub-Registrar of the later Sub-district. The Sub-Registrar receiving a commission so addressed, may, if he cannot attend personally, redirect it to any officer of his establishment.
(2)When a Registering Officer sends a commission to another officer under the provision of Sub-rule (1) of Rule 50, he shall at the same time; transfer the travelling allowance, if any, paid in respect of the Commission but shall credit the commission fee in his own accounts. The cost of remitting the travelling allowance shall be borne by the applicant.

52. Examination of witnesses by Commissioner.

(1)
(a)Commissioner, may examine witnesses in the same manner as Registering Officer and persons who may be required to give evidence before a Commissioner and who refuse to do so shall be subject to the penalties and punishment which they would incur for the same offence if committed in a Registration Office.
(b)Where receipt of consideration is acknowledged before the Commissioner, or paid or any goods delivered in his presence, shall be recorded under the endorsement made in Form No. 7, Appendix-II and the signature of the payee and payer shall also be appended thereto.
(2)Examination of Commissioner by Registering Officer - A Registering Officer may examine a commissioner personally, in the office of the Registering Officer, touching any of the circumstances connected with the discharge of his commission and in particular, with reference to the voluntary nature of the admission or execution of a document.
(3)Procedure on execution of Commission - When a Commission has been executed, the Commissioner shall return the document to which it relates to the office from which the Commission was issued with report in Form No 7 Appendix-II endorsed on the said document.
(4)The Registering Officer, on receipt of the report, shall make an endorsement below such report in Form No. 8(a) or (b) in Appendix-II.Part-XI Powers of attorney(Section 33 of the Act)

53. Recognition of powers of Attorney.

(1)A power-of-attorney shall not be recognised as authorising an agent to act on behalf of a Principal under the Act. unless it contains an express or implied authority in that behalf
(2)Powers of attorney which do not contain or imply an authority to appear in a registration office to present documents for registration (Section 32) on behalf of the Principal or to admit the execution of documents (Section 34) executed by the Principal shall not be authenticated under Clause (a) of Section 33(1).

54. Authentication of powers of attorney.

(1)When a power of attorney is executed before a Registering Officer at his office, he shall, after satisfying himself of the identity of the Principal and obtaining, when necessary, his, left thumb impression against his signature, authenticate it in Form No. 9(a) given in Appendix-II.
(2)When a power of attorney, not executed before a Registering Officer, is presented to him for authentication under proviso to Section 33 of the Act, the Registering Officer shall, if he attends at the private residence of the Principal and obtains evidence as to the voluntary nature of the execution he shall authenticate the same in Form No. 9(b) of Appendix II.
(3)Refusal to authenticate power-of-attorney- When Registering Officer attends under Sub-section (3) of Section 33 of the Registration Act, at the house of a Principal to obtain evidence as to the voluntary nature of the execution of a power of attorney by him and is not satisfied that the power has been voluntarily executed by the person purporting to be the Principal, or, if it appears to him that the Principal executing it, is a minor, an idiot, or a lunatic, he shall record, on the power his refusal to authenticate it in Form No. 9(c), Appendix-II.Note - (i) The document should be returned and the following note of refusal be made in the Register of Visits and Commissions in the column of remarks :"(Authentication refused on account of denial of execution, or minority, or lunacy of the executant as the case may be)".
(ii)Not appearing to admit execution is tantamount to denial of execution.
(4)When the Principal is examined on commission the forms of endorsements given in Form Nos. 5 to 7, Appendix-II should be adopted suitably.

55. Note to be made of interlineations etc.

(1)All interlineations, blanks, erasures and alterations in powers of attorney authenticated by a Registering Officer under Clause (a) of Section 33 (1), and not registered shall at the time of such authentication, be detailed in a foot note signed by the Registering Officer.When there are no intertineations, blanks, erasures or alterations in such a power of attorney the fact also shall be mentioned in a foot note signed by the Registering Officer.
(2)The said foot note shall be copied in every case into the Register of power of attorney kept in Form No. 18 in Appendix-I.
(3)Interlineation, etc. in the authentication endorsements shall be initialled by the Registering Officer.

56. Endorsement when a special power of attorney is used.

(1)Whenever a special power of attorney is used in registration offices for the purposes of Section 32, or when a document is presented for registration by a person entitled to present it and execution is admitted by an agent under a special power of attorney, the power shall be returned forthwith to the person by whom it was presented with the endorsement made upon it Form No. 9(d) in Appendix-II.
(2)In the case of general power of attorney no such endorsement is required, and they shall be returned, after inspection, to the partial by whom they were presented.

57. Authentication and registration of powers of attorney.

- A power of attorney may be brought to a Registering Officer (1) for authentication, or (2) for registration or (3) for both authentication and registration. In the first case, he shall merely make the entry prescribed for authentication, in the second case, he shall register the power in the same manner as any other document, and in the third case, he shall first authenticate the power and then admit it to registration in the usual manner.

58. Register of powers of attorney.

(1)Each registration office shall maintain a register of power of attorney in Form 18 in Appendix-I where it shall be remained an abstract of each power, authenticated whether such power is general or special, registered or not registered.The following particular shall be noted in the register.
(i)The full additions of Principals, attorneys and identifying witnesses as given in the powers, should invariably by given;
(ii)Endorsements recorded on a power of attorney authenticated should be copied in full.
(iii)The abstract of special powers of attorney should contain such particulars of the deeds to be registered as are mentioned in the power.
(iv)The date of authentication of such power of attorney.
(v)Recital revoking any previous powers.
(vi)A summary of the different authorities conferred upon the registration clause being noted first.
(vii)The stamp duty paid should noted in red ink above the abstract of each power.
(2)Each entry (not each column) in the register should be signed by the Sub-Registrar;
(3)At the end of the register there shall be an index to the names of all the principals and attorneys, referring to the page at which the details of the power are recorded; and such index shall be written up at the end of each year in the following form -
Name Additions Interest in transaction Number Page
(1) (2) (3) (4) (5)

59. Revocation of power of attorney.

(a)A Principal who desires to revoke an authenticated power may do so by filing an application together with the power, if available, before the Registering Officer.
(b)A register in Form No. 18-A Appendix-I should be maintained in each registration office and in it shall be entered all revocation of power-of-attorney effected as aforesaid or intimated by other Registering Officers.
Part - XII Appearance and Examinations of parties on presentation of documents(Sections 34 and 35)

60. Executing parties.

(1)The expression "A person executing a document" shall be held to include;
(a)any person who as a surety for the repayment of a loan or the fulfilment of a contact and in that capacity affixes his signature to a document;
(b)any person who endorse a negotiable instrument;
(c)any person who signs a receipt or a discharge endorsement on a document;
(d)any person who signs a document as an executant in token of his assent to the transaction not merely as witness, even though he may not be described as an executant in the body of the document itself.
(2)In the case of a document purporting to be executed by an attorney, or by the guardian of a minor, or by the legal curator of an idiot or lunatic, such attorney or guardian or curator shall be held to be a person executing the document for the purpose of Sections 32, 34, 35 and 58 of the Act, and for the purpose of Section 33, the principal of minor, idiot or lunatic as well as the attorney or guardian or curator shall be considered to be the person executing a document.Signature of illiterate personNote - (i) Execution means the signing of a document which includes the affixing of a mark.
(ii)When a person, who cannot write, signs his name by means of a mark or by touching the pen, his name shall be recorded in full and the writer of the name shall also sign and. date his own signature in attestation that the mark was affixed or the pen touched in his presence.
(iii)[ That the photographs, signature along with thumb impressions of the executant(s) to the endorsement of the admission of execution on the document shall be made through electronic device.] [Inserted vide Orissa Gazette Extraordinary No. 539 dated 17.4.2009]

61. Representative.

- Satisfactory proof of the right of a person to appear in the capacity of a representative shall be adduced before he is permitted to present a document or to admit or deny its execution.

62. Registration of documents executed by several persons.

(1)When a document is executed by several persons, if any of the executants deny execution, the deed shall be refused in respect of those who deny and registered in respect of those who admit. If some of the executants appear and admit execution and others do not appear, though processes have been served upon them, the deed shall be registered in respect of those who admit and refused as regards the others. If some of the executants appear and others do not appear, and no steps are taken to procure their appearance, the deed shall be registered in respect of those who admit execution and refused registration as regards the others after the expiry of the time allowed, under Section 34(1).
(2)Endorsement on refused deeds executed by several persons - When a document is executed by several persons and registration is refused in respect of some of them, the words "in respect of".................or similar words shall be added after the word "refused".

63. Enquiry as to execution.

(1)The Registering Officer shall decide the admissibility of a document on enquiry under Sub-section (3) of Section 34 of the Act, Confining himself to the fact of execution by the person by whom it purports to have been executed. He is not required to enquire as to the validity of the document.
(2)Objection to registration - All applications objecting to registration shall be retained in the office and orders made thereon should be communicated to the object or free of charge.
(3)If registration is objected to by any person on any of the following grounds, namely :
(a)that a person appearing or about to appear before the Registering Officer as an executant or claimant is not the person he professes to be or that he is a minor, an idiot or lunatic; or
(b)that the instrument is forged; or
(c)that the person appearing as a representative, assign or agent has no right to appear in that capacity; or
(d)that the executing party is not really dead, as alleged by the party applying for registration, such objections shall be duly considered by the Registering Officer and if they are substantiated, the document shall be returned to the party without registration.
Note - (1) Registration can not be refused on the ground that the consideration money has not been paid or the objects of a document are unlawful or immoral.
(2)In the case of Pardanashin executants, the following special precautions shall be observed. The registering officer shall first have the document read over and explained to the Pardanashin lady by or in the presence of her identifier, and thereafter the Registering Officer shall point out to the lady, in the presence of her identifier, the nature of the transaction, consideration money, if any, the name or names of the claimant or claimants, and the property (with its extent) affected. Finally when the lady admits execution, the identifier should be required to record a certificate on the document in the following form :"The document was read over and explained to the lady executant by me (or in my presence) the execution of which she admitted in my presence".

64. Enquiry about minor, lunatic or idiot.

- A Registering Officer shall form his own opinion as to whether a party appearing before him as executant of a document is a minor, a lunatic or an idiot. He is not expected to hold an elaborate enquiry, although if he so desires, he may examine on the point any one present in the office.

65. Registration after death of the executant.

(1)If the Registering Officer is satisfied -
(i)a non-testamentary document is presented for registration after the death of the executant; or
(ii)the executant dies after presentation of a document by the claimant or his representative assigned or agent before admission of execution of the document, he shall ascertain by examining the presentant and the witnesses accompanying him who are the Representative or assignee of the executant and refer, if he considers it necessary to the Local Revenue Officer of the area for information on this point.
(iii)if any of the person ascertained to be representative or assigns of the deceased executant are present in the office, at the time of the presentation of the document under Clause (i) of Sub-rule (1) or on the day fixed for the appearance of the executant in case under Clause (ii) of Sub-rule (1) he shall examine them on that day in regard to the execution of the document by the deceased.
(2)A day shall then be fixed for the appearance of any other persons claiming to be the representatives or assigns for examination in connection with the document and summons shall be issued to such of the ascertained representatives as have not yet been examined. A notice of the fact of the intended inquiry shall be ousted in the office premises on the conspicuous place of the village in which the deceased resided and of the village or villages where the property affected by the document is situated and shall be proclaimed by a prior by beat of drums in these villages. The cost of the service of notice shall be levied from the person who presented the document for registration.
(3)if the persons already examined as representatives have admitted execution and if on the notified day the persons summoned to appear and admit execution and if any other person claiming to be a representative or an assignee who may appear on that day admits execution, the document shall be registered. If the Registering Officer is satisfied that any representative or assignee who has right to appear deny execution or wilfully avoid appearance the document shall be refused registration in toto.
(4)If, on the day fixed for the examination, all the representatives who appear admit execution of if persons claiming to be representatives have already appeared and have admitted execution and no representatives appear on the day fixed as aforesaid, the document shall be registered as regards the deceased executant. But if some of the representatives admit execution and others deny it, the registration shall where the Registering Officer is a Sub-Registrar be refused. A Registrar in such a case will proceed under Sections 74, 75 and 76 of the Act.

66. Identification of executants.

(1)When the Registering Officer is not personally acquainted with the executants of a document he shall require them to furnish the best testimony available to establish their identify.
(2)The Registering Officer shall satisfy himself that the identifier is really acquainted with the person whom he proposes to identity. The identifier shall be asked to state the name and address of the person to be identified and also whether such person is really the person he professes to be.Illustration - Respectable persons known to the Registering Officer or co-villagers of the executants of apparent respectability are suitable persons to identify the parties.
(3)[ The signature and thumb impression of the identifier to the endorsement on the document shall be made through electronic device.] [Inserted vide Orissa Gazette Extraordinary No. 539 dated 17.4.2009]

67. Registration by deaf and dumb persons.

- In case of deaf and dumb executants, if the registering officer is satisfied that the person has sufficient understanding to judge the nature and consequence of the act can by some means or other such as writing or signs etc. express the intention to admit execution he should register the document and make note to that effect below the endorsement under Section 58; otherwise registration shall be refused.Part-XIII (Enforcement of appearance of executants and witnesses)(Sections 36, 37, 38, 39 and 75)

68. Summons.

- All Registering Officers may themselves issue process requiring the executant and witnesses to appear at the registration office, either in person or by duly authorised agent in accordance with order and XVI in the First Schedule to the-Code of Civil Procedure, 1908.

69. Summons when to be accompanied by translations.

- Whenever any summons referred to in this Chapter is to be served in an area in which is spoken a vernacular different from that spoken in the area in which the summons is issued, the summons must be accompanied by a translation in English.

70. Attendance on summons issued under Section 36.

(1)If a summon is issued under Section 36 addressed to a person, who is alleged to be the executant of a document it shall require him to attend either in person or by duly authorised agent.
(2)If such a summon be addressed to a person whose evidence is required to prove any fact, it shall require him to attend in person.

71. Procedure in case of non-appearance such summons.

(1)Subject to the provisions contained in previous rules/if any person upon whom a summons issued under Section 36 has been duly served fails to appear, or if any summons issued under that section cannot be served, the Registering Officer may request the Registrar to take further action, under the law for the time being in force for securing the attendance of such person.
(2)Every such requisition must be accompanied by the proper process fee.Part-XIV Wills and Authorities to adopt(Sections 40 and 41)

72. Presentation after the death of the testator or donor.

(1)A will or an authority to adopt presented for registration after the death of the testator may be accepted. The Registering Officer shall fix a day for the enquiry contemplated by Section 41(2) of the Act and shall cause notice of the enquiry (a) to be served on the persons to whom in his opinion special notice should be given, (b) to be posted in a conspicuous part of the registration office and (c) to be published by posting and beat of drums, if possible, in the village or villages where (i) the testator or donor lived (ii) the property of the deceased is situated and (iii) any interested parties may reside.
(2)If the prosecutant of the document or a person who objects to the registration of the document in question, desires that witnesses should be summoned and examined the request shall be complied with and the procedure prescribed in Part XIII of the registration rules should be followed.
(3)As each person is examined his signature and additions shall be obtained on the document in Form No. 10(a) of Appendix-II below the endorsement of presentation (Form No. 2 of Appendix (II).
(4)If after the conclusion of the examination of the witnesses the Registering Officer should decide to register the document, he shall record on endorsement in Form No. 10 (b) of Appendix II.
(5)Should the Registering Officer decide to refuse registration the usual endorsement of refusal shall be entered on the document.
(6)The cost of the service of the notices and of its publication including the charges for beating drums shall be levied in advance from the person who presents the document for registration.Note - (1) The day-to-day entry should be made in the minute book giving only a bare recital of important facts.
(2)In an enquiry connected with a Will or authority to adopt under Section 41 (2) of the Act, person not qualified under the Legal Practitioner's Act shall not be allowed to appear.

73. Memorandum of evidence on enquiry under Section 41.

- A Registering Officer when enquiring under Section 41 (2) into the execution of a Will or of an authority to adopt shall invariably, before registering the document or refusing registration, prepare and place and record a memorandum in English containing a summary of the evidence and the reasons for registration or refusal, as the case may be. A copy of any such memorandum prepared by a Sub-Registrar shall be submitted to the District Registrar forthwith.

74. Withdrawal of document for enquiry.

- A Will or an authority to adopt presented for a registration after the death of the testator or donor may be returned to the presentant unregistered, if he so desires in writing unless it appears that the document is a forged one.

75. Registration of revocation of Will and authority to adopt.

- A revocation or cancellation of a Will or of an authority to adopt shall be treated as a document of testamentary character and shall be registered in Book 3.

76. Transfer of unclaimed Wills to Registrar's Office.

(1)Wills registered or refused registration in a Sub-Registry Office which remain unclaimed for a period of over two years, shall be forwarded to the Registrar's Office for safe custody, a note to that effect being entered against the original entry in the copy register as well as fee book. All documents so transferred shall be entered by the Registrar in the Register prescribed for the purpose (Form No. 4, Appendix I).
(2)If the person entitled to claim the return of a Will applies to a Sub-Registrar for its return after the document has been transmitted to the Registrar's Office, he should be advised to obtain it from the Registrar direct. If he is unwilling to do so, the Will should be obtained from the Registrar by the Sub-Registrar and returned to the person and a note of its receipt from the Registrar's office and return to the person shall be entered in the office records.Part-XV Deposit of sealed covers containing Wills(Sections 42, 43, 44, 45 and 46)

77. Wills received by post.

(1)Wills sent by post to a Registering Officer are not presented or deposited for registration within the meaning of the Act, and Sections 42 and 46 are therefore inapplicable to them.
(2)If a cover a purporting to contain a Will reaches a Register by post, he shall return it unopened to the sender in an unstamped envelope. Should the cover however be retained in the office because the address of the person to whom it would be returned is unknown, the Register shall record upon the cover the date of receipt and the facts that it was received by post and that it has not been secured under the Act as the terms thereof have not been complied with.
(3)A Will so received shall not be delivered to any applicant unless the Registrar is satisfied that such applicant is duly authorised to receive it, nor shall the cover be opened on an application under Section 45, as it has not been deposited according to the provisions of Section 42.
(4)A cover purporting to contain a Will which may reach a Sub-Registrar by post shall be returned to the sender in the above manner or, if the address of the sender is not known, shall be forwarded with full particulars to the Registrar who shall deal with it under Sub-rule (2) of this rule.

78. Deposit of Wills.

(1)A receipt for any Will deposited under Section 42 and the fees levied therefor shall be granted in Form No. 12 of Appendix I, that is granted under Clause (b) of Sub-section (1) of Section 52. The headings of the receipt shall, as far as practicable, be filled up and a note shall be entered on it stating that the Will is received for deposit under Section 42.
(2)The Registrar shall explain to every person depositing a Will that no steps will be taken by the Government to ascertain the date of the testator's death or to communicate with the beneficiaries after his death, and a note to that effect shall be made on the receipt above referred to.Note - A separate volume of the aforesaid receipt Book shall be maintained for this book and be prescribed permanently.

79. Endorsement on sealed cover and entries in Book 5.

(1)When a sealed cover is presented for deposit the endorsement in Form No. 11 Appendix - II shall be recorded on the cover with the signatures of the depositor and his identifier appended thereto.
(2)Every entry made in Registrar. Book No. 5 under the provision of Section 43 shall be signed in full and dated by the Registrar.

80. Withdrawal of sealed covers containing Wills.

- When a sealed cover containing a Will is withdrawn under Section 44 of the Act, the fact shall be noted in Register Book No. 5 and the entry shall be signed by the person by whom the cover is withdrawn as well as by the Registrar, and the receipt referred to in Sub-rule (1) of Rule 78 shall be returned by such person and posted to the respective counterfoils.

81. Register of sealed covers and Wills.

- A register shall be maintained in each Registrar's Office in Form No. 5, Appendix-I showing the sealed covers received/withdrawn and opened from time to time. In it shall also be entered Wills received by post by the District Registrar and retained in the office under Sub-rule (2) of Rule 77. Wills forwarded by Sub-Registrar under Sub-rule (4) of Rule 77, and Wills registered or refused registration in the Registrar's Office and lying unclaimed for over two years.

82. Opening of sealed cover containing Will.

(1)When a sealed cover containing a Will is opened under Section 45., a note to that effect should be made in Book No. 5 in Form Number 12 (1) Appendix-I.
(2)When a sealed cover, containing a Will is opened under an order of a Court under Section-46, a note to that effect shall be made in register Book No. 5 in the column headed 'number of document in Book-3, and the Form No. 12(2) Appendix-II shall be adopted in making the endorsement on the Will itself.

83. Documents to accompany Wills forwarded to a Court.

(1)When a Will is forwarded to any Court under Section 46, it shall be accompanied by -
(a)A memorandum of the fee for opening the cover and the charges, (if any) for copying the will into Register Book No. 3; and
(b)A letter requesting such Court to levy such fee and charges and to remit them to the Registrar by whom the Will is forwarded.
(2)An acknowledgment of the receipt by the Court of the cover or Will shall also be obtained and filed in the office.

84. Preservation of covers on opening.

- When a sealed cover containing a Will is opened, the cover containing the seals and superscriptions of the depositor and the endorsement of the Registrar shall be preserved carefully or a record maintained as to its disposal.

85. Monthly examination of sealed covers.

- Sealed covers deposited with a Registrar under Section 42 shall be examined monthly and a note about their condition shall be entered in the register of sealed covers maintained in Form No 5 of Appendix - I under the signature of the District Sub-Registrar.

86. Special power of attorney presented for withdrawal of a sealed cover.

- When a sealed cover is withdrawn by an agent under a special power-of-attorney, the power shall be retained with the application for withdrawal.

87. Charge of sealed cover.

- A District Sub-Registrar while taking over charge as such, shall examine the, sealed covers and Wills with their registers and make a report to that effect to the Inspector-General forthwith.Part-XVI Register Books and Indexes(Sections 51, 53, 54 and 55)Register Books

88. Form of Register Books Nos. 1-5.

(1)Register books Nos. 1, 3 and 4 provided in Section 51 of the Act shall be kept in Form Nos 4 in Appendix-I and Register Books Nos. 2 and 5 shall be kept in Form Nos 2 and 3 thereof respectively.
(2)The Register books referred to above shall be maintained in accordance with such instruction as the Inspector-General of Registration may issue from time to time.
(3)[ In case of registration made through computer, only serial number shall be assigned to the document.] [Inserted vide Orissa Gazette Extraordinary No. 539 dated 17.4.2009.]

89. Examination of new register books.

(1)On opening a new register book the Registering Officer shall count and satisfy himself that the number of pages contained in it corresponds with that given in the certificate on its title page. If the number is found correct, he shall certify to that effect as the top of the first page in the form "this book contains......pages consecutively numbered".In case there is any discrepancy in the numbering of pages or if there is any damages in any of the pages, the register shall nevertheless be used, after making proper correction in the numbering of pages and recording a certificate to that effect. In any case, the damaged pages, either purported or torn shall cancelled and the fact should be mentioned in the certificate under intimation to the Director, Stationery, Printing and Publication.
(2)When a Register Book is closed, a certificate, to that effect, signed by the registering officer shall be appended at the end of the written portion of the book and a further certificate, showing the number of pages written upon, shall be entered by the registering officer in his own hand on the top of the first page of the book.

90. Documents to be copied after admission of Execution.

(1)When all the persons executing a document or their representative, assigns or agents have appeared and admitted execution and the document is admitted to registration, it shall be copied into the appropriate Register Book [or may also be kept in Computer floppies or diskettes, or any other Electronic Form as may be determined by the Inspector-General of Registration from time to time.] [Added vide Orissa Gazette Extraordinary No. 735 dated 31.5.2002. (Notification No. SRO 494/2002 dated 30.5.2002).]
(2)Immediate after the documents are copied as aforesaid, they shall be indexed in the appropriate indexes in the manner provided hereafter [or immediately after the document is admitted to Registration, the same will be scanned alongwith the photograph affixed and the required index entries be stored in Computer Floppies or diskettes or any other Electronic form as may be determined by the Inspector-General of Registration from time to time.] [Added vide Orissa Gazette Extraordinary No. 735 dated 31.5.2002. (Notification No. SRO 494/2002 dated 30.5.2002).]Note - Copies of the recital of the document shall be in black ink and those of endorsements recorded by the registering officer and stamp vendor's endorsement be in red ink.

91. Accuracy of copies Examination of entries.

(1)Every entry of a registered document shall be exact copy of the original.
(2)The copy of every document and the endorsements in a register book shall be compared with the original by a number of permanent establishment other than the copyist, and the reader and examiner shall append their signature and designation with date to the copy using the words."Copied by A.B," read by C.D.'"compare Examined by.Date - Clerk Date-Clerk. E.F. Clerk
(3)Correction in documents - Blanks, corrections and interlineation in a document shall not be copied as such but shall be noted, as required by Sub-section (2) of Section 20 at the foot of the entry.
(4)Correction in register-book - Similar notes shall also be made in regard to the corrections and interlineation in the copy of the document, if any, in the register book.

92. Register books how to be kept.

(1)On the left hand margin of the Register-books numbers-1 and 4 there shall be copied in red ink the value of the stamp on each document registered, showing the number of stamps and their respective values, the certificates of admissibility including the fees and fines if any, in respect thereof referred to in Rule 28(2) and.......all the endorsements relating thereto made in the office the document itself shall be copied in black ink and below the copy of each document itself in stamp venders endorsement shall be copied in red ink and the right hand margin shall be left vacant for notes to be copied in red ink under Subsection (2) of Section 20.
(2)In case of the re-registration, if there be insufficient room on the back of the document for the new set of endorsements registered, they shall be written or continued on a separate piece of paper, as provided in Rule 123. Only the endorsements including certificate of admissibility under Rule 27, on each registration shall be copied on the left hand margin of the Book previous endorsement already made, in the body of copy in the order as they appear on the original deed.

93. Several volumes of the register books simultaneously kept.

(1)Several volumes of Register books numbers 1 and 4 may, if necessary, be kept in use simultaneously, when the documents registered are so numerous as to make this course necessary.
(2)Register books numbers 2, 3 and 5 shall be continued from year to year until they are full, and in small offices, where the number of documents registered is inconsiderable, the same volume of Register books numbers - 1 and 4 may also be used for two or more years.

94. Procedure for registration of documents in duplicate, triplicate etc. copies.

- When two or more copies of the same document are admitted, to registration it shall not be necessary to copy the document more than once in the Register-book. So far as the duplicate, triplicate or other copy is concerned, only the document and endorsements excepting the certificate under Section 60 referred to in Rule 92 and those of the stamp vendor shall be copied immediately below, the copy of the original document. The stamp vendors endorsements shall be copied in the central portion and the other endorsement in the left hand margin of the page, the document number being noted above each. The difference between the original and a duplicate including correctness, if any, shall be copied above the respective copy of the stamp vendors certificate in the certificate of final endorsement besides the document number of the original deed, the numbers assigned to the duplicate(s) shall also be mentioned.

95. Supplementary documents.

- On the registration of a document which revoke, or cancels or rectifies an error or omission or modifies the terms of a document previously registered, or of a document received and filed under Section 89, of the Act, or on the receipt of a communication from a Court which intimates a similar revocation, cancellation, rectification or modification, a note shall be entered on the document concerned, if produced or available, as well as on the margin of the register in which the original document has been registered in the form as under:-This document has been revoked (cancelled, rectified or modified by document No............of 20............volume.............pages .............registered/ filed at..........Registering OfficerNote - (a) If the original record has been transferred or when the original deed had been registered in some other office an intimation may be sent to the officer in charge of the records to record the said note at the appropriate place.Marginal notes (b) in case of documents cancelled by Courts - When a Court forwards a copy of its decree, cancelling a registered instrument, the registering officer shall note, on the margin of the copy in the book in which it has been registered, the fact of its cancellation.
(c)If a registered document declared by a Court to be a forgery or to have been registered by also personation a note of the fact shall be made in the copy in the Register-book and also on the document, if available.

96. File-book.

(1)In addition to the bound volumes of Register-book No. 1, every Sub-Registrar shall keep two file-books as parts of Register-book No. 1.
(a)In one of such file books he shall file-
(i)Memoranda of registered documents which have been forwarded to his office under Sections 64 to 66 of the Act.
(ii)Copies of certificates and orders received under Section 89 of the Act.
(iii)Declaration under the Orissa Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1975.
(iv)Copies of instrument received under the provisions of the Orissa Co-operative Societies Act, 1962 (Orissa Act 2 of 1963).
(v)Copies of order of Revenue Officer forwarded under Section 19 of the Orissa Land Reforms Act, 1960.
(b)In the other file book he shall file
(i)Copies of maps and plans mentioned in Section 21 of the Act;
(ii)Communications received from other Registering Officers/ Departments/Courts relating to the cancellations, modifications, rectification and discharge of transactions evidenced by documents previously registered or papers previously filed.
(iii)Copies and transactions presented under Sections 19, 62 referred to in Rule-21.
(2)Every Register shall keep three separate file books as parts of Register-book No.1, in which he shall file the papers referred to above in the manner indicated in Sub-rule (a) and (b)_ In the 3rd file book he shall file the copies of documents alongwith maps or plans, if any received under Section 65, 66 and 67 of the Act.
(3)The papers referred to in Sub-rule (1) (a) shall be bound into volumes of convenient size approximately of 500 pages at the end of the year. The file-book referred to in Sub-rule (1)(b) and the third file-book of the Register, shall be bound into volumes of not exceeding 200 pages. The papers shall be numbered consecutively, but in a series different form that used for registration of original documents in Register-book No. 1. The volumes shall be numbered in one series with the columns of Register-book No. 1 but a distinguishing letter "F" shall be added against the said number.
(4)To the number so given to the papers referred to in Sub-rule (1)(a) and (2) a distinguishing letter as "C" for copies "M" (Memoranda), S.C. (Sale Certificate) 'O' order or L.O. (Loans Orders), or instrument of mortgage shall be suffixed considering their respective natures.

97. Special volumes.

(1)A Special volume of Register Book 1 or 4 in the form of a file may be opened in any office for the registration of documents of temporary character in which stamp duty and registration fees are exempted or remitted and which are prepared on printed or lithographed forms of machine made paper of medium size.
(2)Such documents shall be presented alongwith a duplicate copy prepared on the same form, to be retained in the registration office. The executing parties shall record a certificate on the original that the duplicate is a true and exact copy of the original and the certificate shall be copied on the duplicate margins shall be left, on one inch on the right hand side for the entry of any necessary note. The endorsements recorded not he original shall be copied on the blank-side of the duplicate.
(3)Documents presented for registration under Sub-rule (1) shall be given priority and every endeavor shall be made to return them to the party concerned on the day they are admitted to registration.Note - The duplicate shall be compared carefully and discrepancy, if any, shall be got reconciled by the party.
(4)Each such volume shall be assigned, a serial number in the series assigned to ordinary volumes or Register-books.
(5)Every document accepted for registration under Sub-rule (1) shall be numbered in the same series as other documents. .

98. Mode of making corrections in register books.

(1)Corrections in Register-books shall be made with a pen, they shall not be made by altering one word or figure into another, but the pen shall be drawn through the erroneous words or figures, and the correct words or figures shall be clearly written near or above those struck out, or opposite to them on the right-hand margin. Each correction and addition shall be enclosed in brackets and given a serial number on the copy of the document and not on the margin. At the end of the copy of the document a note shall be made of the corrections and additions so made.
(2)All corrections and interlineations in such books shall be attested by the registering officer's initials, which shall be written, not in the middle of the erroneous words or figures, but in a clear space close by on both ends.

99. Authentication of copies and notes.

(1)The registering officer shall authenticate by his initials all corrections in the copy of every document admitted to registration which by Clause (c) of Section 52(1), is required to be made in Register-book, and all notes in such copy which my be made under Sub-section (2) of Section 20.
(2)He shall also affix his initials to each page of such copy and shall certify with his signature that each copy is a true copy, and shall date such certificate with his own hand.
(3)All interlineations and corrections in Register-books shall be made in red ink when entries are made in black ink and shall be made in black ink when entries are made in red ink.Note - (a) When authenticating or signing or entry in a Register book, the registering officer shall make sure that each such entry has been signed by the copyist, the reader and the comparer.
(b)Where Register books for previous years are found to be defective so far as regards the authentication of the copies of documents recorded therein and the attestation of the mistake and interlienations, steps should be taken to rectify the irregularities and supply the omissions. If the defects are discovered during the incumbency of a registering officer other than the registering officer during whose incumbency the registers were written, the defects shall be removed by calling the defaulting officer who shall comply it at his own cost or the registering officer in charge shall remedy the defects, as far as possible adding a note at the beginning of the register to the following effect :
"The signature of..............................the then registering officer being wanting in page(s)..............of the book, the undersigned has this day supplied the omission.Sub-Registrar.

100. Prompt return of documents after registration.

(1)Documents admitted to registration shall be completed and made ready for delivery within seven days from the date of their admission and shall be promptly returned to the presentant or the person authorised to receive them and the duplicate receipt returned by the parties shall be posted on to their respective originals.
(2)When receipts are granted under Clause (b) of Section 52(1) to the presentant they shall be informed by the registering officer of the probable date on which their documents will be ready for return. The said date shall be noted on the receipt and every endeavour shall be made to return the document on such date.
(3)If the parties desire to be informed as to the exact date of completion of their documents it may be complied with at his own cost and risk. In such cases, a self addressed Post-Card shall be furnished and attached to the document which, on completion of the document, shall be posted to him with the date of completion.Indexes

101. Forms or indexes I, II, III and IV.

(1)-The indexes Nos. I, II, III and IV provided in Section-55 shall respectively be prepared in Form Nos. 7, 8, 9 and 10 in Appendix-I.
(2)The pages of each Index shall be numbered serially as soon as it is completed.

102. Indexes to be kept in English.

- Each of the said Indexes shall be kept in English language.

103. Entries to be made in alphabetical order.

- The order of letters in the English alphabets shall be followed in the order of entries in the said Indexes, regard being had to the position in the alphabet of the initial letter and of every succeeding letter whether such letter be a vowel or a consonant.

104. Spelling.

(1)If the documents to be indexed are written or executed in the English language, the names of the persons and places shall be spelt in the Index in the same way in which they are written in the documents.
(2)If the documents are written or executed in a vernacular language the names of the persons and places shall be spelt in the Index according to the authorised system of translation.

105. Indexing of Names.

(1)In the case of European names the surname shall be taken as the index word.
(2)Indian names shall be indexed according to their first letters as they stand in the document, except that appellation such as Sayed, Sheikh, etc. if appearing at the beginning of the name, shall be shown in the index at the end of the name and shall transliterated in the same form as that in which they are written in the documents.

106. Representative or Guardians.

- When a document is executed by or in favour of the representative or guardian of another person, the name of such other person, as well as that of the representative or guardian, shall be indexed.

107. Different inks for certain names in Index No. III.

(1)The name of the depositor of a sealed cover shall be entered in Index HI in black ink.An alphabetical index to the names of persons purporting to be executants of documents entered in Book 5 shall be affixed to that Register-Book also.
(2)The name and addition of persons claiming under a will or authority to adopt, under Sub-section (4) of Section 55, are not to be indexed unless the testator or donor is dead and shall be entered therein in red ink.Note - (a) If the testator of a Will is alive, the Will can be represented for registration only by the testator (vide Section 40 of the Act), in which case the names of the claimants are not to be indexed, but those of the testator and executor are to be indexed in Index-Ill (vide Section 55 of the Act.).
(b)
(i)If the testator is dead and the Will is presented for registration by the proper person mentioned in Section 40 of the Act, or-
(ii)if a sealed cover containing a Will is opened and the contents of the Will copied in Book-3 according to Section 45 of the Act, then the names and the additions of the claimants are to be indexed under Section 55, respectively.

108. Separate entry of each executant or claimant or property.

(1)When there are two or more executants or claimants under a document their names shall be separately entered in Index Nos. I, III or IV, as the case may be, when there are three executants, A.B and C, there will be three entries vig., "A and two others" "B and two others" and "C and two others".
(2)When the property is transferred by a single document are situated in more than one village, they shall separately indexed in Index No. II; e.g. when there are three villages, A.B and C, there will be three entries. It will be sufficient to note all the villages in detail in the entry relating to the first village, and to note only the number of additional villages in the indexes relating to the other villages, e.g. (i) A and B and C (ii) B and 2 villages noted under A (iii) C and 2 villages noted under A :Provided that no Registering Officer need enter in his Index No. II any' property which does not in his own Sub-district. But in the case of registration under Section 30, or of a copy received under any of the sections 65 to 67 of the Act, the District Sub-Registrar shall enter in his Index No. II all the properties transferred there in situated within the jurisdiction of the Registrar of his district.
(3)In indexing the name of the executant or claimant or of a village known by an alies as well as by the real name indexes entries shall be made both of the real name and of the alies, each in its proper alphabeitcal order.

109. Indexing of copies, memoranda and sale certificates, etc.

(1)Copies and memoranda of documents and the copies of Sale certificates and instruments and orders which are referred to in the Rule 96 shall be indexed in the same way as original documents, but the entries relating to them shall be made in red ink :Provided that it shall not be necessary to index the additions of the guardian-ad-listen of either of the auction purchaser or the judgement debtor in the case of sale-certificates.
(2)In Index No. I, the names of the auction purchasers and judgement-debtor shall be indexed from sale certificates and the names of the parties shall be indexed from the memoranda.
(3)In Index-II, the number of volumes, page and deed should be entered in columns, 10, 11 and 12, respectively and the name of the first executant and claimant in column No. 7 and 8 in brackets.
(4)In posting entries relating to copies and memoranda of document, the names of the office in which the copy or memorandum is filed shall be entered in the columns "where registered:" in Index No. I and "Office of original registration in Index No. II. The name of the office where the original deeds have been registered shall also be entered within brackets under the entries in the said columns.
(5)In the case of copies of sale-certificates, instruments or orders received under Section 89, the name of the office in which they are filed shall be entered in the column headed 'where registered' in Index No. 1 and 'Office of Original Registration' in Index No. II together with the designation of the Court or officer forwarding them within brackets.
(6)In Indexing registered documents and the papers referred to in Sub-rule (1) which relate to mineral and other products, e.g. mica, coal, lac, forest coppices etc., the work mica, coal or lac, etc., as the case may be, should be entered by red ink in cases of registered documents and by black ink in cases of the said papers in column-6 of Index No. II below the nature of transaction entered in the said column and in column 3 of Index No. IV below the entry as to the interest of the person in the transaction made in his column.

110. Additional records to be kept in all registration offices.

- Besides the Register Books Nos. 1 to 4 mentioned in.Rule 88 and the file-books prescribed by Rules 96 and 97, the following books and registers shall be kept in all registration offices in the forms noted against each, namely :
1. (a) Register of Thumb-impreSsion  
  (General execution and their identifiers.) (Form No. 6, Appendix-I).
  (b) Register of thumb-impression  
  (Loss of receipt) (Form No. 6, Appendix-I).
2. Register of preparation and examination of indexes (Form No. 11, Appendix-I)
3. Receipt under Section 52 Clause (b) (Form No. 12, Appendix-I)
4. Fee-book (Form No. 13, Appendix-I)
5. Cash-book (Form No. 14, Appendix-I)
6. Register of Records (Form No. 15, Appendix-I)
7. Record Keeper's issue, register (Form No. 16, Appendix-I)
8. Register of Power of Attorney (Form No. 18, Appendix-I)
9. Register of Revocation of Power of Attorney (Form No.18-A, Appendix-I).
10. Register of Visits and Commissions (Form No. 19, Appendix-I)
11. Receipt for attendance at private residence (Form No. 20, Appendix-I).
12. Register of application for search and copy (Form No. 21, Appendix-I).
13. Receipt for fees deposited for search and copy (Form No. 22, Appendix-I).
14. Register of refunds (Form No. 31, Appendix-I).
15. Register of documents pending admission to registration (Form No. 32, Appendix-I).
16. Minute book (Form No. 33, Appendix-I).
17. Diary of Sub-Registrar (Form No. 34, Appendix-I).
18. Register of Ministerial Officers Outturn (Form No. 35, Appendix-I).
19. Daily notice showing completion of documents (Form No. 36, Appendix-I).
20. Register of documents impounded and sent to the Collector (Form No. 37, Appendix-I).
21. Stock-Book of furniture and other durable articles (Form No. 38, Appendix-I).
22. Register of application for process (Form No. 39, Appendix-I).
23. Register or applications under Section 25 of 34. (Form No. 41, Appendix-I).
24. Register of Extra establishment (Form No. 48, Appendix-I).
25. Receipt for memoranda and copies (Form No. 50, Appendix-I).
26. Register of copies and sale certificates, etc. received fromother offices and Courts. (Form No. 51, Appendix-I).
27. Register of copies and memoranda transmitted to other offices (Form No. 52, Appendix-I).
28. Register of History of office Alphabetical index of circularorders. (Form No. 53, Appendix-I).
(b)The following additional registers should also be maintained as common office registers
1. Register of letters received (Form No. 1, Schedule L-III)
2. Register of letters issued (Form No. 2, Schedule L-III)
3. Attendance Register (Form No. 73, Schedule L-III)
4. Stationery stock book showing details of articles ofstationery received and issued. (Form No. 113, Schedule L-III)
5. Register of forms received, issued and stock (Form No. 114, Schedule L-III)
6. Acquittance Roll (Form No. 190, Schedule L-III)
7. Register of contract contingent charges (Form No. 205, Schedule L-III)
8. Register of Account of service postage stamps (Form No. 213, Schedule L-III)
9. Bill book Register (Form No. 226, Schedule L-III)

111. Additional records to be kept in registration office.

- In addition to Register Book No. 5 prescribed by Section 51 and the records mentioned in Rule 110 a register of unclaimed Wills forwarded to the Registrar's Office under the Rule 76 shall be kept in Form No. 4, Appendix I, The following additional registers shall be kept in the offices of all Registrars:
1. Register of appeals under Section 72 of the Act (Form No. 42)
2. Register of applications under Section 73 (Form No. 43)
3. Register of sealed covers and Wills (Form No. 5)
4. Register of Special contingent expenditures (Form No. Schedule L-III)

1. Mode of keeping Fee Book - (a) The serial number shown in column I of the fee book will be according to the order in which the deed is presented. There will be one serial number in column 1 for all documents (including . powers-of-attorney), whether or not execution is admitted at the time. Thus there will not be a separate series for what are called pending documents, but such documents will be distinguished as pending by adding the letter in red ink to the serial number in column 1. The serial number of column 1 will be noted on the deed.

(b)In the column of "remarks" will be noted the thana or thanas within which the property is situated.
(c)When document is presented, but has to be kept pending admission to registration, columns 1-7 of the fee book will be filled up at once. If registration of such a document is ultimately refused, the date of refusal will be noted in column 8 against the entry made in the fee book on the date of presentation and the word "Refused" written in the column of remarks; If, on the other hand, the document is ultimately admitted to registration, the date of admission and the number of the document in the register will be noted in columns 8 and 9 against the entry made at the time of presentation, but the other columns (10-14) will be left blank. At the same time a second entry of the document will be made in its proper place in the fee book according to the serial number of the registered documents as shown in column 9. In this second entry the-serial number and date in columns 1 and 2 will be same in the former entry, as columns 3 to 7 will be left blank, but columns 8 to 14 will be filled up as usual. Thus, to give an illustration:
A. Document is presented on the 2nd April its serial number in the order of presentation being 541 in column 1. The executants are not present to admit their execution and accordingly, the document is kept pending till the 15th when they appear, 'and the document is admitted to registration as No. 326 in Book-1. On the 2nd April columns 1-7 will have been filled up, the number in column 1 being 541-P, on the 15th columns 8 and 9 will also be filled up against the entry made on 2nd April, the entries being respectively "15th April" and "326" and at the same time a new entry will be made in its proper place among the entries of 15th April according to the serial number in column 9 (that is below the entry for document No. 326 in Book-1), but in this entry a fresh serial number will not be given in column 1, but the old No. 541 will be entered 3-7 being left blank.
(d)Fees paid subsequent to the date of presentation - When any additional fee, such as a fee under Article A-19 (a) and H of the Table of fees, is paid subsequently the serial number of the document as given in column-1 of the fee-book shall be quoted, e.g. 541/326 in brackets, when the additional fee is entered in the fee-book Moreover, the amount of additional fee paid and the date of payment shall be noted against the entry of the document in the fee-book which was made on the date of presentation, in the column of remarks.

2. Mode of keeping cash book. - The receipts entered in the fee book need not be entered in detail in the cash book, their daily totals will be sufficient but all other receipts and all payments whatsoever, shall be entered in full detail in the cash book. All cash received shall be entered in the cash book. No money shall under any circumstances, be kept out of account.

The cash book should be carefully balanced everyday and signed by the Registering Officer. The balance as shown in it should be compared with the actual cash in hand and the Registering Officer should attach in his own hand daily the following certificate :"The balance agrees with the actual cash in hand".
(b)Full details should be given of the daily balance in the cash book and the total should be carried over in balancing the payment side.
(c)The permanent advance sanctioned for each registration office should be accounted for in this book.
(d)The cash book should be written by the Registering Officer himself.

3. Mode of keeping register of pending documents. - A register of documents pending admission to registration shall be kept in each office in Form No. 32 Appendix-I, Columns I to 7 being posted at the close of each day. Every day on which the second endorsement is not fully recorded on the date of presentation should be entered in the register of pending documents, and in each case the reason why the deed is pending should be noted. This order does not of course, apply to documents of which registration is at once refused, or to documents returned to the parties in case of presentation in a wrong Office, column 8 and 9 will be filled in the requisite entry being also made in the fee book. If on the other hand, registration is refused the date will be entered in column 10 and column 11 will be filled up when fee is refunded.

Part-XVII Search, Inspection and grant of copies

112. Application for searches and copies.

(1)Subject to the provisions contained under Section 57, an application to make a search or inspection in the indexes or any book in a Registration Office for any purpose or to obtain copy of any document recorded in such an office or to carry out both these objects shall be made in writing in Form No. 23 and 24-A, Appendix-I. If the application is granted the prescribed fees shall be paid, and the duplicate and triplicate receipt for the fees paid duplicate receipt shall be granted in Form No. 22, Appendix-I. The referred for getting back the copy and the triplicate shall be returned for his record. The duplicate, when returned, shall be pasted on to its, original.
(2)All such applications shall be entered in the register (Form No. 21, Appendix-I) prescribed by the Rule 10 and preserved in a separate file.

113. Application in case of records transferred to the Registrar's Office.

(1)An application for a search in the indexes or for a copy of an entry contained in Register book transferred to the office of a District Registrar may be made to such District Registrar either direct or through the Sub-Registrar in whose office the records were originally prepared.
(2)Applications made through Sub-Registrar for copies from Books deposited in the Registrar's office in the event of indexes alone being available with the' Sub-Registrar, shall be made in writing and shall be transmitted without delay to the Registrar for.necessary action.Before forwarding such application to the Registrar, necessary search shall be made in the indexes in the Sub-Registry office in the first instance. The application for inspection shall then be forwarded to the Registrar to ascertain the amount of copying fees and the stamp duty required for the copy.
(3)When an application for copy is forwarded to the Registrar under Sub-rule (2), the necessary stamp and paper collected, shall accompany it. Fees for search, inspection and copy be credited to the accounts of the Sub-Registrar.

114. Search in more than one Sub-District.

(1)An application for a search in respect of property situated in a village which has been transferred from one Sub-District to another, or in cases of more Sub-Districts than one, may be presented at any of the offices to which the village is or has been attached or in which the property or any portion of it is situated.
(2)In such cases when the Sub-Registrar to whom the application is made, and who has in his office the necessary records, may comply with it; otherwise searches should be got conducted in the records of both the offices.
(3)The fees collected should be credited to the account of the office in which the application is presented.

115. Fees in certain cases.

- When an applicant has paid the prescribed fees for search in the indexes of a Sub-Registrar's Office in respect of a document which has been registered in another office or in a book transferred to the Registrar's Office no further search fee shall be levied when he applies to the Sub-Registrar of the other office to the Registrar for a copy of the same document provided that the applicant produced the receipt granted to him for the fee already paid.

116. Information required by officials.

(1)When a call for information from any Court or Revenue Officer necessitates a search in the registers or the preparations of a copy of any document by officials of the Registration Office, it shall be accompanied by the fee prescribed for these purposes or the Registering Officer shall forward to the Court a memorandum of the fee payable, with a view to the amount being remitted by the Court.
(2)Officers of the Government may without payment of fees, make searches in indexes and inspect registers for bona fide public purposes, subject to the restrictions contained in Section 57 as to the person by whom certain searches may be made.

117. Production of Books and register in Courts.

(1)If the production of a Register book in any Court is required, it shall be so produced by an officer of the registration establishment deputed for that purpose and the fee for inspection as per the table of fees should be levied by the Court from the party at whole instance the register is called for.
(2)In case the Court retains a Register Book and the interested party files an application for grant of a certified copy therefrom, the Registering Officer may forward the application to the Court with a request for grant of certified copy to him from such a register.Note - The officer under Sub-rule (1) above will be entitled to claim payment of his expenses (including salary where Government is not liable to pay) like any other witness.

118. Extracts from the register of powers of attorney.

- Extracts from the register of power of attorney may be granted on consideration whether it affects immovable property if so, it may be treated under Section 57(1) as documents registered in Book No. 1. If not it should be treated under Section 57(3) as relating to entries in Book No. 4.

119. Who to make search.

(1)When an application for a search is presented and before the requisite fees have been paid, the Registering Officer shall enquire whether the applicant will himself make the search or desire that it should be made by the office establishment. When a clerk is deputed to make the search, the name of the clerk deputed shall be noted on the application. As soon as the search is completed, the result or a reference to the particulars traced out shall be noted on the application by the clerk and signed by him.
(2)When an application for a search is presented and search is to be made by the applicant and the requisite fees have been paid, Registering Officer shall cause necessary records to be placed before the applicant or his representative or agent or any other person on his behalf who will conduct the search.

120. Result of searches.

- The fee paid for a search shall entitle and applicant to read the entry for the finding of which the fee has been paid or to have it read to him but it shall not entitle him to take a copy of the entry. If a search proves fruitless a note to that effect shall be made on the application. The fee shall not be refunded. The applicant may if he so desires be granted a certificate stating that the entry sought for has not been found in the books.

121. Fees in respect of single name or single property.

- Only one search fee shall be levied :
(i)for making a search in respect of a single document or in respect of acts and encumbrances on one and the same property in two or more offices because of the transfer of a village from one sub-district to another or of records to the District Registrar's Office.
(ii)for making a general search in respect of one and the same property in the records of an office which was once in existence, was abolished and then revived;
(iii)for making a search for acts and encumbrances in respect of one and the same property when owing to the splitting up or grouping together of village, as the result of survey and settlement operations, the search has to be made in the indexes of more than one village.

122. Separate fees for search in Index-I, III and IV.

- When a search is made or more than on document executed by or in favour of one and the same individual, search fee shall be levied separately for each office in which the Indexes-I, III and IV have searched.Procedure in case of application for search or copy -Note - (a) On payment of the fees prescribed in Article B and C of the Table of Fees, copies of registered documents subject to the provisions of Section 57 and of entries departmental^ prescribed may be granted. The receipt granted to the applicant shall be returned when the copy is delivered. The receipt for copy should be posted on to its counterfoil.
(b)Copies to be on stamped paper - Copies should be given on stamped paper and the amount of duty in such case will be regulated by Article 24, Schedule l-A, of the Indian Stamp Act. The copies of all documents shall be carefully and legibly prepared. [Such copy or extract may be granted from the Book referred to under Sub-section (2) of Section 16-A using electronic devices like Computer, Scanner or Xerox Machine. [Inserted vide Orissa Gazette Extraordinary No. 210 dated 14.2.2002. (Notification No. SRO 211/2002 dated 8.2.2002).]
The Stamp Paper so provided shall be attached to the Certified copy. The serial number of the copy, fees realised and all other endorsements required thereunder shall be recorded on the stamp paper.]
(c)Searches to be made without delay-When an application is made for copy, the inspection of the book should be made and copying fee with stamp and cartridge paper realised if possible, on the date of application while the applicant is in attendance, in order to avoid the possibility of issuing a wrong copy if the applicant has not given in the application the correct number of the document and other particulars. -
(d)Striking off application for search or inspection or copy- An application for search or inspection to be conducted by the party or copy should be struck off if search or inspection or if payment of the necessary copying fee with the requisite stamp and cartridge paper is not made within thirty days of the application and after that no refund of the search or inspection fee should be allowed.
(e)Examination of copies - All copies should be examined by an Officer of the permanent establishment before issue who will endorse or stamp them as follows :
Copy prepared, signed, sealed and delivered to....................as per order dated .,.............20......Date...................Signature
(f)A copy of a pending or refused document may be granted to a person applying for it subject to the restrictions of Section 57.

123. Certificate of encumbrances.

(1)When an application is made for a search for encumbrance in respect of any immovable property or for a list of documents executed by, or in favour of, a single individual, and the applicant desires that a certificate of encumbrances or a list of documents found in the course of such search should be furnished to him by the Re-Registering Officer, the request shall be complied with, and the certificate or list shall be prepared in duplicate in the form prescribed in the Form Nos. 25, 26 and 27 as the case may be in Appendix-I [or such certificates may be prepared through Computers.] [Added vide Orissa Gazette Extraordinary No. 735 dated 31.5.2002. (Notification No. SRO 494/2002 dated 30.5.2002).]
(2)A certificate of encumbrance shall contain a complete list of all acts and encumbrances affecting the property in' question.
(3)In the case of encumbrances certificate involving search in the records of more than one office consolidated certificate should be issued by the officer to whom the application was made in the first instance after obtaining reports from the concerned office. An officer who makes a search at the request of another officer shall therefore record the result of the search on the application so forwarded.Part - XVIII Endorsements and Certificate(Sections 52, 58, 60 and 61)

124. Endorsements how to be made .

(1)The endorsements required by Sections 52 and 58 shall be written in Form Nos. 2 and 13 in Appendix II respectively.
(2)All endorsements, whether made under Section 52 or Section 58 or otherwise, shall be made in red ink, except that signatures therein shall be made in black ink.
(3)Every document made by a Registering Officer shall be written in his own handwriting but rubber stamp may be used for the formal part of the endorsements under Sections 52, 58 and 60 and of the certificate of admissibility [or such endorsements may be made through Computer and signed by the Registering Officer.] [Added vide Orissa Gazette Extraordinary No. 735 dated 31.5.2002. ( Notification No. SRO 494/2002 dated 30.5.2002).]Use of stamps for copying in registersNote -(a) The rubber stamps for the endorsements may be used also for copying the endorsements in the registers, provided that the impression can be conveniently contained in the width in the margin.
(b)Stamps not allowed for signature - Registering Officers should always sign their names with their own hand and date them. The use of a stamp for signature is strictly prohibited in any proceeding under the Indian Registration Act.

125. Language for signing endorsements .

- A literate executing party shall be required to use the same language in signing the endorsements as, he has used in signing the deed.

126. Form of final endorsement of registration.

- When a document has been copied into a Register Book and compared, the Registering Officer shall make in Form No. 14 Appendix-II the endorsement required by Section 60.Note - The endorsement on documents the registration of which is ordered by the Registrar or the Court will be in Form No. 15 in Appendix-II.

127. Making of endorsement on separate papers.

- When there is not sufficient blank space in a deed for necessary endorsement and certificates, they may be entered on a separate slip or a sheet of paper which shall be attached to the document, an explanatory note being made on the deed to that effect and signed and dated by the Registering Officer.Every piece of paper so added shall bear the seal of the Registering Officer and shall be signed and dated by him.

128. Endorsement of receipt under Section 61.

- When the registration of a document is completed, it shall be returned to the presentant or to such other person, if any, as the presentant has nominated in writing in that behalf on the receipt granted under Section 52. Registering Officer should see that the written authority enjoined by Section 61 is in proper order. If the presentant can write the whole authority it must be written by 'him if he is illiterate, it must be written by the person who writes the name of the presentant.

129. Endorsements in cases of visits and commission.

(1)When a document is received at a private residence under Section 31, the endorsement should be written in hand.
(2)When parties are examined at their residence under Sections 31, 33 or 38 necessary endorsement must be recorded by the Registering Officer or Commissioner on the spot.Part-XIX Record of Substance of Statements and administration of oath(Section 63 of the Act)

130. Oath when to be administered.

- In exercise of the discretion reposed in him by Section 63 of the Act, a Registering Officer may, when he doubts the truth of an oral statement made by any person, administer an oath or affirmation to him.

131. Form of oath or affirmation.

- In administering such oath or affirmation the form prescribed by the High Court of judicature should be followed :Note-The following forms may be followed.OathI sweer that the evidence which I shall give in this case shall be true, that I will conceal nothing and that no part of any evidence shall be false.So help me GodAffirmationI solemnly declare that the evidence which I shall give in this case shall be true, that I will conceal nothing, and that no part of my evidence shall be false.(Christian witnesses to whom oaths are administered are to be sworn upon the New Testament.In other gases the oaths are to be administered upon such symbol, or accompanied by such act, as may be normal or as such witnesses may acknowledge to be binding on his conscience).

132. Statements to be recorded separately.

- Statements made on oath shall not be recorded on the document to which they relate but shall be recorded in the Deposition Book and a note to the effect that the statements have been so recorded shall be endorsed on the document itself.The statements shall be recorded by the Registering Officer in his 'own hand at the time they are made.

133. Statements under Section 63.

- A record of the substance of the statements may be made in the following cases :
(i)when execution is denied;
(ii)when a person admitting execution refuses to sign the endorsement;
(iii)when a person admits execution on protest or with a reservation;
(iv)when an enquiry is held as to the alleged death of an executing party;
(v)when an enquiry is held as to the right of a person to, appear as the executor, administrator or heir of a deceased person, or the guardian of a minor as the curator or an idiot or a lunatic;
(vi)when any person is examined as to the age of a party who appears to a minor or as to the sanity of a party who appears to be an idiot or a lunatic; and
(vii)generally in all cases in which a record may be deemed necessary.

2. All such statements shall be recorded in a book known as the "Deposition Book".

Note - Each witness shall be examined separately. The deposition shall be recorded in the first person, read over and explained by the Registering Officer/Commissioner to be certified to that effect under proper signature and the signature of the deponent thereto is taken in proof of the acknowledgment of its correctness.Part-XX Transmission of Memoranda and Copies (Sections 64 - 67)

134. Preparation of memoranda and copies of documents.

(1)Memoranda of registered documents required for transmission under the provisions of Sections 64 to 66 of the Act shall be preparecfin Form No. 49 in Appendix-I and an entry be made in the register in Form No. 52 at the time of despatch of the memo and copy.
(2)The copies referred to in Sections 65 to 66 of the Act shall be made on paper of the same size and description as that used for bound books.Note -Every copy and memoranda to be despatched to another office should be signed by the copyist, the comparer and the Registering Officer.

135. Memoranda and copies for other districts.

(1)When the memoranda required by Section 65 or 66 are to be sent by a Registering Officer to a Sub-Registrar of another district they shall be forwarded to the Registrar of that district, together with the copy required for the office of such Registrar.
(2)No memorandum need contain the description of any property other than that which is situated in the sub-district to which it is to be sent.
(3)When a copy of document is sent to the Registrar of another district under Section 65 or 66, a memorandum need not be sent to any Sub-Registrar whose office has been amalgamated under Sub-section (2) of Section 7, with that of the Registrar of such district.

136. Entry of date of despatch of memoranda and copies.

- A note showing the date of despatch of a memorandum or copy should be entered in the right hand margin of the entry of the document concerned and initialed by the Registering Officer.

137. Memoranda or copy on duplicate.

- When a document is registered in duplicate or triplicate no memorandum or copy shall be forwarded under Sections 64 to 66 in respects of the duplicate or triplicate but the number of copies register with the original shall be noted in red ink in the last column of the memorandum prepared from the original.

138. Procedure on receipt of copy or memo.

- On receipt of a copy or memorandum from another registration office, the Registering Officer, will note on it the date of receipt with his initials. He shall have it numbered on entering it in the register prescribed in Form No. 51 Appendix-I, and have it duly filed recording the final endorsement of registration prescribed under Section 60 of the Act, substituting to word 'filed' for the word Registered.Note - (1) District Sub-Registrar should see that memos received under Section 65(2) are entered in their copy and memo Register in red ink while forwarding them to the Sub-offices concerned.

139. Corrections in memoranda i.e. or copies.

- When a Registering Officer finds that a correction is necessary in a copy of memorandum of a document forwarded by him to another Registering Officer, he shall send an erratum to the later, who shall file it in his Book No. I carry out the corrections in and add a note on the original explaining the circumstances under which the correction is made. A reference to the page and volume of the file Book in which the erratum has been filed shall be entered on the original memorandum or copy as the case may be and the indexes relating thereto shall be corrected accordingly.

140. Copies of vernacular documents for other States.

- When a copy of vernacular documents is forwarded under Section 65 to a Registrar in another State it shall be accompanied by in information in English respecting the names and addition of all persons executing and claiming under the document and by a description (sufficient for its identification) of property situated in such Registrar's district.

141. Receipts for memoranda and copies.

(1)When a memorandum or copy of a document is sent under Sec; 64, 65 and 66'from one office to another, it shall be accompanied by a receipt in Form No. 50 in Appendix I......... which shall immediately on receipt, be signed and returned by the receiving officer.
(2)If delay accures in the return of any receipt, the despatching officer shall send a reminder for it.
(3)All such receipts when returned, shall be filed along with the counter foil. .Part-XXI Errors in Registration(Section 68)

142. Procedure when document is copied into a wrong book.

(1)When a document is erroneously copied into a wrong book, the copy in the register and the final certificate on the document shall not be cancelled, but the Registrar may direct under Section 68 that a copy of the document with the certificate and endorsement thereon shall be made in the appropriate book without additional charge. A document so copied shall be given the number assigned to the last previous document in the book to which it is transferred with letter "S" attached.
(2)In the circumstances described in Sub-rule (1) a certificate under Section 60 or a final certificate in the following form, shall be given, on the left hand margin of the book in which the document is recopied and on the document below the former certificate :"Registered again under the orders of the Registrar of...................No...............dated...............20......as document No................'s in Book No.................Volume.................Pages..............Signature of the Registering Officer and date
(3)A cross-reference shall, in such case be made on the right hand margin of the original entry of registration in the wrong book in respect of the copy of the appropriate register.
(4)If the error in copying is discovered after the document has been returned after registration, the same procedure shall be followed, a note being made on the margin of the copy in the wrong book, of the volume and the page of the appropriate book into which the contents are re-copied and an intimation to that effect shall, by registered post be sent to-the person taking delivery of the deed.
(5)In both the cases referred to in Sub-rules (1) and (4) fresh entries must be made in the appropriate indexes, without cancelling the original entries made in those indexes, wherein a cross reference shall be made in respect of the entry in the appropriate indexes.Note - The above procedure may be observed, as far as practicable, in cases where Register books are lost or destroyed or damaged by worms or otherwise or where through fraud other causes the document has been registered without being copied into the registers.

143. Procedure for correct registration of a document registered in a wrong office in contravention of Section 28.

(1)When a document relating to immovable property is registered through in advertence in contravention of Section 28 of the Act, the Registering Officer shall instruct the executant of the deed and the claimant thereunder to obtain a direction under Section 58 for its registration from the Registrar of the District in whose jurisdiction the proper office is situated.
(2)When such direction is received the Registering Officer concerned shall register the document without levy of any fee, and shall refer to the order of the Registrar in the endorsement of presentation.
(3)The Registering Officer in whose office the document was originally registered shall follow the procedure prescribed by Sections 64 to 66 of the Act and shall forward to the proper office, free of charge, a copy or a memorandum of the document. The Receiving Officer shall file the copy or memorandum in his file-book number-1 making necessary cross-reference in the previously received Memo or copy.Part-XXII Refusal to Register[Section 35(3) 71 and 76]

144. Procedure in cases where document is inadmissible .

- If any of the conditions indicated in Clauses 1 to 3 of Rule 25 have not been complied with, or if the presentant fails to pay proper registration fees the document shall be returned at once to the presentant, with the endorsement "Registration refused", an entry being made at the same time in Register Book number 2:Provided that action under this rule may be deferred at the request of the parties, in order to enable them to comply with the requirements of the law but in such cases an order of refusal shall be passed if the requirements have not been complied with within the time allowed for presentation.Note - A minor can not accept legal liabilities. A document, presented by a minor, therefore, should be refused registration under this rule.

145. Recording of reasons for refusal to register.

(1)When a Registering Officer records under Section 71, or Section 76 his reasons for refusing to register a document in Book number 2 he shall make the record with his own hand, at once, and shall state the reasons fully and clearly.
(2)When a Registrar refuses to direct the registration of a document under Section 72 or Section 75, the order passed by him may be copied in Book number 2 by a clerk, the copy so made being treated as the original and signed by the Registrar himself without the addition of the words "True Copy'. The Registrar's draft from which the copy is made shall be filed in the file of appeals, orders and judgements.
(3)If the reasons of refusal include the fact, that one or more out of several executants declines or decline to comply with the requirements of law, his name or their names, shall be mentioned and if the-Registering Officer is doubtful as to the identix, saneness, or intellect of a party admitting execution, the grounds of his doubt shall be stated.
(4)Refusal of registration by register- A Registrar when refusing to register or to direct the registration of a document, in the same manner, as a Sub-Registrar, record the reasons for his refusal in his book number 2. Every Registrar should, maintain a Book number-2 distinct from that of the District Sub-Registrar.

146. Postponement of refusal to register.

- Before refusing under Section 35, to register any document the Registering Officer may, at the request of the parties, postpone action in order to enable them to comply with the requirements of the Law, but no such postponement shall exceed the period prescribed by Section 34.

147. Refusal of acceptance of documents.

- A document brought for registration shall not be accepted under the following circumstances;
(i)If the document is written in a language which the Registering Officer does not understand and which is not commonly used in the district and if it is unaccompanied by a true translation and also by a true copy.
(ii)If it contains unattested interlineations, blanks, erasures or alterations which in the opinion of the Registering Officer, requires to be attested or entered in a note at the foot of the document.
(iii)If the descriptions of the property is insufficient to identify it or does not contain the information required by statutory order [Sections 21(1) to (3) and 22].
(iv)If the document is unaccompanied by the required number of copies of any map or plan which it contains [Section 21(4)]
(v)If the date of execution is not stated in the document or if the correct date is not ascertainable (Section 23).
(vi)If it is presented after the prescribed time [Section 23, 24, 25, 26, 72(2), 75(2) and 77(1)].
(vii)If it is presented in the wrong office [Sections 28, 29 and 30].
[viii) If it is presented without affixture of pass-port size photograph of the presentant alongwith finger prints or in case of sale of immovable property (32-A), it is presented without affixture of pass-port size photographs and finger prints of all sellers and buyers in case of sale of immovable property.] [Inserted vide Orissa Gazette Extraordinary No. 735 dated 31.5.2002. (Notification No. SRO 494/2002 dated 30.5.2002).]

148. Refusal of registration of duly presented document.

- A document duly presented for registration shall not be admitted to registration under the following circumstances ;(i)If the executant fails to appear and admit execution within the prescribed time (Section 34).(ii)If the executant denies execution (Section 35).(iii)If the person by whom the document purports to be executed be dead, and his representative or assign denies execution (Section 35).(iv)If the person purporting to have executed the document appears to be a minor, an idiot, or a lunatic (Section 35).(v)If the Registering Officer is not satisfied of the identify of the person appearing before him and alleging that he executed the document (Section 35). (The party may be given all possible facilities for producing evidence of identification within the time allowed under Section 34).(vi)If the Registering officer is not satisfied as to the truth of the allegation that the person who executed the document is dead (Section 35).(vii)If the admitting agent's power-of-attorney has not been made in accordance with the Act, or if an alleged representative or assign has failed to prove his status (Section 35).(viii)If the Registering Officer is not satisfied as to the fact of execution in the case of a will or an authority to adopt presented after the death of the testator or donor (Section 41).(ix)If the prescribed fee or fine has not been paid (Sections 25, 34, and 80).(x)If the parties fail or refuse to mention the-additions of executants of claimants.(xi)If the parties fail or refuse to fulfill the requirements as prescribed in any other Act, rules framed thereunder and instructions-issued regarding the registration of a deed.(xii)[ if the document pertaining to sale, exchange, gift, partition or settlement is not accompanied by Record-of-Rights or the certified copy of the record-of-rights containing the land to be transferred.] [Added vide O.G. No. 41 dated 8.10.1999]Note -(1) In refusing to register a document on account of the minority of the executant the Registering Officer should always state the apparent age of the minor.
(2)Each case of denial of execution must be separately reported to the District Registrar for his order. The District Registrar may, as Magistrate of the district take any action as he thinks proper. The orders when received will be filed in the Sub-Registry Office and shown to inspecting officers when called for.

149. Communication of order of refusal.

- A Registering Officer should communicate his order of refusal to register a document to the concerned party verbally if he is present or a notice communicating the same shall be issued to the presentant of the deed by post and note in his book number 2 of his having done so noting the date on which such order is communicated or despatched.

150. Appearance of executants at different times.

- When the executants of a document appear at different times the order of registration or refusal shall be passed after all the executants have appeared and admitted or denied execution, as the case may be, unless the maximum time allowed for appearance by the Act has expired or unless the presentant as regards the executant who failed to appear.Part-XXIII Appeals, applications enquiry(Sections 72, 76 of the Act)

151. Presentation of appeal or application.

- An appeal under Section 72 or an application under Section 73 shall be presented in writing to the Registrar of the district or to the officer in charge of the Registrar's Office, accompanied by a copy of the refusal order appealed against and the original document in respect of which the order was passed.

152. Admission of appeal or application pending production of document.

- When the document is stated to be in the possession of some person other than the appellant or the applicant and the latter requests for time to obtain and produce it or for the issue of a summons for its production the request may be complied with and the appeal or application be admitted pending receipt of the document.

153. Persons entitled to file appeals under Section 72 and applications under Section 73.

(1)An appeal under Section 72 or an application under Section 73 shall be presented either by the applicant or by an agent holding a power of attorney authenticated in accordance with Section 33.
(2)An appeal or an application shall not be accepted or acted upon if sent by post.

154. Verification of pleadings.

(1)Save as otherwise provided by any law for the time being in force, every pleading shall be verified at the foot by the party or by more of the parties pleading or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case.
(2)The person verifying shall specify, by reference to the numbered paragraphs of the pleadings what he verifies of his own knowledge and what he verifies upon information received and believed to be true.
(3)The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed.
(4)A pleading presented within the prescribed period but without the requisite verification may be returned in view of its being verified and presented again within the stated time.

155. Appearance of Advocates in appeals, applications and enquiries.

- In an enquiry connected with an appeal under Section 72 or an application under Section 73 or in an original enquiry under Section 74, persons not qualified under the Legal Practitioners' Acts shall not be allowed to appear. Such persons are not, however, debarred from acting as agents if authorised by a duly authenticated power of attorney.

156. Levy of Stamp.

(1)A memorandum of appeal under Section 72 is chargeable with Court-fee stamp under Article 12, Schedule - II of the Court Fees Act, 1870 (Act VII of 1870).
(2)An application under Section 73 to a Registrar is not assessable to duty; such applications should be made in plain paper only.Note-An applicant under these rules shall mean an appellant under Section 72 or a party at whose instance an enquiry under Section 74 is commenced and shall include subject to the provisions of Rule 153 also an agent or an advocate.

157. Mode of recording evidence in enquiries under Section 74.

- In enquiries under Section 74 Registrars shall if they require the attendance of witnesses, record their evidence in the manner provided in the Code of Civil Procedure, 1908.

158. Registration ordered by Registrar or Court.

- In case in which registration is ordered by the Registrar under Section 75 or decree is passed by the Civil Court under Section 77, the Sub-Registrar so far as may be practicable follow the procedure prescribed in Sections 58, 59 and 60. In such cases the endorsement in Form No. 15 shall take the place of the endorsement in Form No. 14 in Appendix - II.Part-XXIV Fees and Fines

159. Payment of fees and fines etc.

- [(1) All fees including fines, if any, shall be realized in cash or in shape of Demand Draft or Pay Order drawn on any Scheduled Bank and accounted for in the appropriate registers and proper receipts be granted therefore.(1-a) The user fees leviable shall be collected and paid in proportion as decided by Government from time to time to the private party authorized by Government/Registering Officer.]
(2)It is for the Registering Officer, who is responsible for levying the fee, to determine the amount of fees that is leviable: After it has been paid, the presenting party may if he feels aggrieved, refer the matter to the Registrar who shall finds that there has been an over charge, order the Sub-Registrar to refund the excess. Where the party is not satisfied with the Registrar's decision he may make a reference to the Inspector-General of Registration.

160. Refund of fees and fines.

(1)When the registration of a deed is refused, the fees levied shall be refunded. All documents on which refund is due shall be forthwith entered in the register prescribed in Form No. 31 Appendix-I. Fees paid for unit, Commission, Summons and travelling allowance shall not be refunded.
(2)Fees levied in excess shall be refunded; provided that no fees levied under Article 1 (5) and (6) shall be refunded.Note-Where the registration of a document on which fines under Section 25 and 34 of the Act is levied, is refused, only the proper registration fee and any other fee shall be refunded. The fine paid for the delay is not refundable unless it is remitted by the Inspector-General of Registration under Section 70.

161. Application for remission of refund.

- Every application for the remission or refund of a fine or a fees shall be lodged with the Registering Officer who levied the same for submission to the sanctioning authority.

162. Disposal of refund application.

- District Registrar may themselves dispose of applications for refund of fees or fines paid in excess for work not performed by the department.

163. Account of fees and fines.

- Whether a document is admitted to registration or not all fees and fines shall at once be credited to accounts.

164. Remittance of collections to Treasury.

- Except travelling allowance, all fees and fines shall be paid without unnecessary delay, into nearest Treasury, Sub-Treasury or Banks. Registering Officers shall be held responsible for the safe custody of the fees until the same is credited.Part-XXV Prosecution(Section 83 of the Act)

165. Institution of prosecution.

(1)A Sub-Registrar shall, before instituting a prosecution forward a full report of the case to the Registrar and obtain his approval to the prosecution. If however, the circumstances demand immediate prosecution, a report shall be made by the Sub-Registrar to the Registrar within 24 hours of the institution of the prosecution.
(2)A Registrar who institutes a prosecution or receives intimation that a prosecution has been instituted by a Sub-Registrar shall report the fact to the Inspector-General of Registration.

166. Lodging of complaints.

- A Sub-Registrar may, with the previous sanction of the Registrar, lodge criminal complaint against a person who in the process of registering a document makes false statement.

167. Refusal to sign endorsement.

- A refusal to sign an endorsement or a statement made to a Registering Officer does not constitute an offence under the Indian Penal Code or under the Registration Act. A Registering Officer is not competent to compel a party to sign the endorsement or statement recorded by him. His duty is merely to carry out the voluntary wishes of parties who appear before him.Part-XXVI Destruction of documents(Section 85 of the Act)

168. Conditions precedent to destruction of documents.

- Before any document is destroyed an endeavour by sending a notice by bearing post or otherwise, must always be made by the Registering Officer in whose office the document is kept in to induce the presentant thereof to take it back.

169. Record of destruction of unclaimed documents.

- When a registered document, which has remained unclaimed in any registration office of a period exceeding two years, is destroyed under Section 85 of the Act, a note to that effect shall be made on the margin opposite to the copy in the book in which the document is copied. In case of documents, registration of which is refused, the note shall be recorded in the column of remarks of Book No. 2.Note - The above note shall be recorded on the margin for note in the first page of the copy entry.

170. Forms for list of unclaimed documents and old records for destruction.

- The list of unclaimed documents and old records for destruction shall be prepared in Form Nos. 28 and 29 respectively of Appendix-I.

171. Preservation of documents belonging to Government.

- Documents relating to Government which are not destroyed and are required to be preserved shall be entered year wise in a register prescribed in Form No. 40-A of Appendix - I.Part-XXVII Miscellaneous

172. Exemption from appearance in office.

- All Government Offices executing documents in their official capacity and other public functionaries who by virtue of specific provision in any other Act or notification re-exempted from personal appearance before a Registering Officer in connection with any proceedings under the Act shall not be required to appear personally, before the said officer for any of the purposes under the Act [and the affixture of photograph(s) shall not apply to the documents executed on behalf of the State Government/Central Government Officers duly notified to be exempted under Section 88(1) of the Act] [Inserted vide Orissa Gazette Extraordinary No. 539 dated 17.4.2009],

173. Transfer of records to Central Record Room.

- In January of each year, the following records of the previous year shall be transferred to the Registrar's office from the Sub-Registry offices where no suitable room or masonary accommodation for preservation and custody of records is provided, namely :(a)Completed volumes of Register-Book No. 1 together with the file-book containing the copies referred to in Rule 96 (1)(a).(b)Completed volumes of Register-Book No. 4 and Index No. -IV and Index Nos. II and II.
(2)The Registrar, on receiving Index Nos. I and II from Sub-Registrar's Offices shall bind them separately for each Sub-Registrar's Office.

174. Preservation of Records.

(1)The following records shall be permanently preserved in the Registration Offices, namely :
(a)Register of Records/Catalogues.
(b)Register-books (except the Register of refusals) and their indexes prescribed by, and translations & .true copies filed under the various Registration Acts (Act XVI of 1864, XX of 1866, VIII of 1871, III of 1877, XVI of 1908.
(c)Register-books of documents and their indexes kept prior to Act XVI of 1864; and
(d)List of records destroyed and reports of destruction of records.
(2)Quazi records under Regulations XXXIX of 1973 preserved in a registration office, shall not be destroyed.
(3)Save the records in Sub-rules (b) and (2) all other records and registers of a Registration Office shall be preserved for the periods as classified and detailed in Appendix-Ill.

175. Procedure on presentation of documents in which the registering officer is personally interested.

(1)If any document in which a Registering Officer is personally interested, either directly or indirectly, is presented to him for registration or if he is asked to authenticate a power of attorney granted for registration of any such document he shall recommend the parties to present the document or power at some other registration office under the provisions of Section 29, Section 30 or Section 33 as the case may be.
(2)If the parties, after being recommended to present such document or power at some other office, insist on the registration of the document, or, the authentication of power of attorney, by the said Registering Officer, he shall register the document or authenticate the power, as the case may be, and shall report the fact to the Registrar to whom he is subordinate.

176. Comparison of Books with Catalogues Register of records therein.

- Whenever there is a change in the charge of a registration office, the Officer receiving charge shall compare the books in the office with the catalogue/' Register of records in Form No. 15 and shall note in the said register whether or not he finds the stock of the books, to be complete.

177. Repeals and savings.

- The Bihar and Orissa Registration Rules, 1918 and the Madras Registration Rules in their application to the State of Orissa are hereby repealed :Provided that any order issued, appointment made or all action taken and things done under any of the provisions of the said rules shall be deemed-to have been made under the provisions of these rules.Appendix-IForm No. 1Register Book No. 1, 3 or 4
Copy of endorsement and certificate Copy of document Notes
                   
Form No. 2Register Book No. 2Records of reasons for refusal to register[See Rule 88 (1)]
1. Nature and value of instrument 2. Date of execution 3. Date of presentation 4. Value of stamp 5. Names and additions of executant(s) 6. Names and additions of claimant(s) 7. Name of presentant 8. Name and addition of persons examined
9. Nature and extent of property affected 10. Reasons for refusal 11. Date of communication of the order of refusalto parties 12. Date of application for copy of reasons forrefusal 13. Date of preparations and return of copy 14. Result of appeal or application to theRegistrar 15. Result of suit in Civil Court.
Date.............20 (Signature)
  Sub-Registrar/Registrar
Note - Entries in Columns 11 to 15 should be attested by the initials of registering officer.Form No. 3Register Book No. 5Register of Deposit of Wills

1. Serial Number....................No...............of 20.......

2. Year, month, date and hour of presentation

3. Name and addition of the testator and of the agent, if presented by the latter

4. Names and additions of persons identifying the depositor

5. Copy of superscription on the sealed cover

6. Number of seals affixed on the sealed cover

7. Copy of inscription (if any) on the seal

Signature of Registrar

8. Date........................20.............

9. Date of application for withdrawal of the sealed cover

10. Names and addition of the persons identifying the applicant

11. Date of delivery of the sealed cover to the applicant

12. Signature of applicant Date Signature of Registrar

13. Date of application for opening the sealed cover

14. Date on which sealed cover is opened

15. Number of document in Book-3

16. Whether opened after the death of the testator or on requisition from Court

17. Date of transmission to Court

18. Date of return from the Court

N.B. - The registrar's signature or initials should be appended with date to the entries on Cols. 5,7,9,14,15 and 17.Form No. 4[See Rule 76]Register of Unclaimed wills transferred from Sub-Registry Offices to Registrar Office
Serial No. Date of receipt of the will Document number with year Officer from which received Name and addition of the testator Initial of the District Sub-Registrar and date Date of Name and addition of the person to whom delivered Initial of District Sub-Registrar and date Remarks
Application claiming back the will Delivery
1 2 3 4 5 6 7 8 9 10 11
                     
Form No. 5[See Rule 81]Register of Sealed Covers and Wills
Year, month and date Number and year of sealed cover* Balance of sealed covers
Received Withdrawn Sent to Court Received from Court Unopened Opened and registered Total
1 2 3 4 5 6 7 8
Number of registered or refused wills lyingunclaimed for over 2 years Number of wills received by post Remarks (any remarks as to the condition of theseals, covers, etc. should be noted in this column)
Relating to Registrar's office and received fromSub-Registrars for safe custody Returned to parties or to Sub-Registrar Balance Received in Registrar's office and receivedSub-Registrar's office transferred to Registrar's office Returned Balance
9 10 11 12 13 14 15
*. A separate entry should be made for every cover dealt with in Columns 9 and 12 figure relating to Registrar's office and Sub-offices should be shown separately, the former in black and the latter in red ink.Note : Opened sealed cover sent to Court and not received back are shown by a plus entry inForm No. 6Register of Thumb Impression
Impression of left thumb or other digit Name and signature with date of Date of impression Book No. Document No. Serial No. of Impression
Executant Identifier
1 2 3 4 5 6
           
Initials of the officer taking thumb impressionsInitials of the Registering Officer
           
Initials of the officer taking thumb impressionsInitials of the Registering Officer
           
Initials of the officer taking thumb impressionsInitials of the Registering Officer
           
Initials of the officer taking thumb impressionsInitials of the Registering Officer
Form No. 7Index No. I for 20....
Name of person Father's or mother's name, residence, professionor trade, rank or title (if any) and caste (if any) Nature Where registered Deed number Book-1
Interest of person in the transaction Volume Page
1 2 3 4 5 6 7
             
Form No. 8Index, II for 20.
Village or place in which property is situated Name and description of property Date of - Nature and value of transaction
Execution Presentation Registration
1 2 3 4 5 6
           
Names of - Office or original registration Volume First page of entry Number of documents
Executants Claimants
7 8 9 10 11 12
           
Form No. 9Index No. III to Book 3, being the register of Wills and Authorities to adopt for 20....
Name of person Father's name or mother's name, residence, professionor trade, rank or title (if any) and caste (if any) Interest in will or authority to adopt Where registered Deed no. Book-3
Volume Page
1 2 3 4 5 6 7
             
Form No. 10Index IV for 20....
Name of person Father's name or mother's name, residence,profession or trade, rank and title (if any) and caste (if any) Nature Interest of the person in the transaction Deed No. Book-4
Volume Page
1 2 3 4 5 6
           
Form No. 11[See Rule 110]Register of preparation and examination of indexes
Date of registration (Completion) Number of document/ Copy/ Memo/ Loan Order SaleCertificate The first two alphabets of the names of personsindexed Name of village or place in which property issituated Date of indexing Signature of indexer Remarks
1 2 3 4 5 6 7
             
Form No. 13[See Rule 110]Fee Book
(1) (2) (3) (4) (5) (6) (7) (8) (9)
Serial No. of all documents and applications Date of presentation Nature of documents or applications From whom received Value or consideration Articles under which fess charged Amount Rs.P. Total Date of admission or refusal
(10) (11) (12) (13) (14) (15) (16)
No. of documents in register boom (1,3,4) of inregister of power of attorney Book and volume in which registered Date of completion (registration) Date of return Copy and Memo. Stamp duty paid
No. to be issued Date of issue Ordinary Additional Others
  RuralUrban OthersTotalRemarks
Form No. 14Cash Book of the Sub-Registrar of for the day of month of.......20..................
Dt. Crt.
From whom received On what account Cash received from the Treasury on account ofsalaries and contingencies and T.E., etc. T.E. or batta of witnesses and for visit andcommission and others similar receipt to repayable at the Office Receipt to be credited into the Treasury Total
1 2 3 4 5 6
    Rs.P Rs.P Rs.P Rs.P
To whom paid On what account Payments from permanent advance and on account ofsalaries and contingencies, T.E. etc. T.E. or batta of witnesses and for visit andcommission and other similar receipts Remittances to the Treasury of other cashreceipts Total
7 8 9 10 11 12
    Rs.P. Rs.P. Rs.P. Rs.P.
Form No. 15Register of RecordsName of record........... Period of preservation...............
Volume number or serial number Period to which it relates, with the first andlast numbers or dates if any Almirah or rack Remarks
From To Shelf or compartment number
1 2 3 4 5
Certified that the entries in this register have been checked with the records in the office by the officer whose signature appears in Column 2 on the date entered against that signature in Column 1 and that all the records enumerated have been found to be correct (with the exceptions noted in Column 3). The record are also found to be in good condition (with the exceptions noted in Column 3).
Date of examination Signature and designation of officer Remarks
1 2 3
Form No. 16Record-keepers Issue Register
Particulars of register issued, number volume andyear Date and hour when taken out Signature of record keeper Name of clerk in whose charge it remains Date and hour when put back in almirah or rack Signature of officer-in-charge
1 2 3 4 5 6
           
Form No. 17Register of Examination of Records[See para 438]
Date of Examination Description of records examined Defects found if any Signature of the examiner Remark's relating to reports under and ordersreceived thereon Date of compliance to orders
1 2 3 4 5 6
           
Form No. 18[See Rule 55 (2)]Register of Power of Attorney
Serial number for the year Name and additions of Principal Names and additions of Attorneys Names and additions of witnesses and identifiers Date of authentication Abstract
1 2 3 4 5 6
          Copy of foot-noteSub-Registrar
Form No. 18-ARegister of revocation of Powers-of-Attorney
Serial No. Date of Register of communication or revocationapplication Name of the Office at which originallyauthenticates Number and year of revoked power Name and addition of Principal Name and addition of Attorney/agent Remarks with initial of Registering Officer
1 2 3 4 5 6 7
             
Form No. 19Register of visits and commissions
Serial Number Date of application Date of visit Name of person to be examined Place of residence Cause of visit (Section 31 or Commission underSection 33 or 38)
1 2 3 4 5 6
           
Fees paid to visit commission Amount of travelling allowance paid Signature of the person presenting application Name of person by whom visit is paid Register No. of the deed aNd the volume in whichit is copied Remarks
7 8 9 10 11 12
           
Form No. 20Duplicate   Form No. 20Original
Receipt for fees and travelling allowanceunder Section 31 for attendance at a private residence   Receipt for fees and travelling allowanceunder Section 31 for attendance at a private residence
Visit application No...................20......   Visit application No...................20......
Received from..........................   Received from..........................
At.......................................   At.......................................
Travelling allowance.................................   Travelling allowance.................................
At.......................................   At.......................................
Total.......................   Total.......................
(Rupees)   (Rupees)
Total....................   Total....................
Date:   Date:
Registering Officer   Registering Officer
Form No. 21Register of applications for searches and copies
Date Serial number classified serial number Whether for Search, Inspection copy of G.S. Name of applicant Nature of document Interest (executant, claimant, 3rd party) Particulars furnished and the year(s) of whichthe record(s) to be scratched Reference to previous applications, if any
1 2 3 4 5 6 7 8
               
Number of Words Fee paid for Date of Search Date of deposit of Stamp Date on which copy/E. C. is prepared Date of return Remarks/ initial of the R.O.)
Search. etc. Copy
9 10 11 12 13 14 15 16
               
Form No. 25Nil Certificate of encumbrance on propertyCertificate No. of 20Application No. of 20Namehaving applied to me for a certificate given particulars of registered acts and encumbrances, if any, in respect of under mentioned property :I hereby certify that a search has been made*in a Book 1 and in the indexes relating thereto for years from the....day....20to the................day of .......20....for acts and encumbrances affecting the said property and that on such search no acts or encumbrance affecting the said property has been found.
Search made and certificate prepared by SignatureDesignation
Search verified and certificate examined by SignatureDesignation
Office  
  Signature of Registering Officer
Date........... 20.........  
Note - (1) If the properties have been described in registered documents in a manner different from the way in which the applicant has described them in the application the transactions evidenced by such documents will not be included in the certificate.
(2)Under Section 57 of the Registration Act and Rules 137 (i), persons desiring to inspect entries in the registerers and indexes, or requiring copies thereof, or certificates of encumbrances on specified properties should make the search themselves, when the registers and indexes will be placed before them on payment of the prescribed fees.
(a)But as in the present case the applicant has not undertaken the search himself, the requisite search has been made as carefully as possible by the offices but the department will not, on any account, hold itself responsible for any errors in the results of the search embodied in this certificate.
(b)And as in the present case the applicant has made the requisite search himself and as its result is shown in the certificate after the necessary verifications the department will not on any account, hold itself responsible for the omissions in it of any acts and encumbrances affecting the said property not discovered by the applicant.
Form No. 26Certificate of Encumbrance on PropertyCertificate No..............of 20......Application No..............of 20......NameHaving applied to me for a certificate giving particulars of registered acts and encumbrances, if any in respect of undermentioned property :I hereby certify that a search has been made in book and in the indexes relating thereto for years form the.......day of..........20...to the..........day of..............20.....for acts and encumbrances affecting the said property, and that on such search the following acts and encumbrances as detailed on the reverse appear.I also certify that save the aforesaid acts and encumbrances no other acts and encumbrances effecting the said property have been found.
Search and certificate prepared by SignatureDesignation
Search verified and certificate examined by SignatureDesignation
Office  
  Signature of Registering Officer
Date........... 20.........  
Note - (1) The acts and encumbrances shown in the certificate are those discovered with reference to the description of properties furnished by the applicant. If the same properties have been described in registered documents in a manner different from the way in which the applicant has described them transactions evidenced by such documents will not be included in the certificate.
(2)Under Section 57 of the Registration Act and Rule I37(i), persons desiring to inspect entries in the registers and indexes, or requiring copies thereof or requiring certificates of encumbrances on specified properties should make the search themselves, when the registers and indexes will be placed before them on payment of the prescribed fees.
(a)But as in the present case, the applicant has not undertaken the search himself, the requisite search has been made as carefully as possible by the office; but the department will not on any account held it self responsible for any errors in the results of the search embodied in this certificate.
(b)And as in the present case, the applicant has made the requisite search himself and as the acts and encumbrances discovered by him are shown in the certificate, after verification, the department will not, on any account, hold itself responsible for the omission in it of an other acts and encumbrances affecting the said properties not discovered by the applicant.
Serial No. (a) Description of property Date of execution (b) Nature and value of document Names of parties Reference to documents entry
Executants Claimants Volume Page Number and year
1 2 3 4 5 6 7 8 9
                 
(a)Enter the description as given in the document found.
(b)(1) ln the case of a mortgage deed enter the rate of interest and period of payment if stated therein.
(2)ln the case of lease enter term of lease and annual rental.Form No. 27Certificate showing List of documents executed by or in favour of a personCertificate No 20..............Application No of 20..........Namehaving applied to me for a certificate giving particulars of registered document(s) executed by or in favour of...................I hereby certify that a search has been made for such document(s) in Book 1, 3 and 4 and in the indexes relating thereto for the years from the day of 20....to the....day of....20 and that on such search the following appear :
Date of registration Interest of person in the transactions Name of person Reference to document entry
Book Volume Page Number and Year
1 2 3 4 5 6 7
             
I also certify that save the aforesaid documents no other entries have been found. Documents registered in Book 3 or 4, copies of which the applicant is not entitled to obtain under the provisions of Section 57 of the Registration Act, are not covered by this certificate.Search made and certificate prepared by........(Signature/designation)Search verified and certificate compared by...........(Signature/designation)OfficeSignature of the Registering OfficerDated.................20....(Seal)Note - (1) The documents shown in the certificate are those discovered with reference to the description of the person furnished by the applicant. If the name has been described in registered documents in a manner different from the way in which the applicant has described it, transactions evidenced by such documents will not be included in the certificate.
(2)The requisite search has been made as carefully ,as possible by the office but the department will not on any account hold itself responsible for any errors in the result of the search embodied in this certificate.Form No. 28List of Unclaimed Documents of the Sub-Registry Offices for the Year 20 for destruction Under Section 85 of Act XVI of 1908
Serial No. Name of Parties Nature of document Number of documents in Register Book Volume Page Date of- Amount of refunds due Remarks
Claimant Executant Completion of Registration Refusal
1 2 3 4 5 6 7 8 9 10 11 12
                       
Dated the 20Sub-Registrar of....Form No. 29List of old records of the Sub-Registry Office........................ for the Year 20.........for destruction
Serial No. Description of records Year to which the records relate Number of bundle Number of paper in each nathi or bundle Total number of records or papers Subject or nature of correspondence Remarks
1 2 3 4 5 6 7 8
               
Dated the.......20Sub-Registrar of.......Form No. 30List of Refunds to be written off
Serial number in Register of refunds Document number in fee book Date of admission or refusal of document on whichrefund is due Date of deposit of fees in treasury Name of the party to whom due
1 2 3 4 5
         
Nature of refunds Remarks
Registration fees on refused document Fees and T.E for visit and commission Fees levied in excess Other fees
6 7 8 9 10
         
DateSignature of Registering OfficerForm No. 31Register of Refunds
Serial No. Serial document number in the fee book Date of admission or refusal of documents onwhich refunds are due Date of credit in the Treasury Name of party to whom due Nature of refunds
Registration fees on refused documents Fees for visit or commission and travellingallowance Fees levied in excess
1 2 3 4 5 6 7 8
               
Date on which notice is issued to the parties Date of refund Signature of payee or M.O. No. with date Date on which the amount refunded is recouped Number and date of order of the D.R. sanctioningthe writing off of the amount Remarks
9 10 11 12 13 14
           
Form No. 32Register of documents pending admission to registration
Serial No. Date of execution Date or presentation Serial No. of the document in column 1 of thefee-book Name of person presenting the document Fee paid Reasonably pending
1 2 3 4 5 6 7
             
Date of admission to registration Register number of the document if admitted Date of refusal if the document is refused Date of refund of fee Remarks
8 9 10 11 12
         
Form No. 33Minute Book
Serial No. Date Reference to last serial in black ink andsubsequent serial in red ink Number and date of presentation of document Minute Reference to final disposal Remarks
1 2 3 4 5 6 7
             
Form No. 34Diary of Sub-Registrar forName ......
Date Hour of arrival Hour of departure Total number of deeds admitted Total number of deeds completed Total number (up to date) of documents pendingcompletion Total number of deeds delivered
1 2 3 4 5 6 7
12345678910111213141516171819202122232425262728293031            
Total number of documents lying unreturned Total number of index entries tested Serial number of each deed, memo or salecertificate of which the indexes are tested Register number of deeds of which the copies aretested Miscellaneous work (such as number of applicationfor search or copy received or visits paid or commissionexecuted, etc.) Remarks (with initials of Sub-Registrar).
8 9 10 11 12 13
           
Form No. 35Register of Ministerial Officers out turn(A Separate Page Will Be Used For Each Ministerial Officers)Name Designation
1   2
Date Details of deeds copied and copies (attested orforwarded to other officers) made such as book, volume and serialnumber and serial number of each document or copy Total number of pages of 300 words each copied Total number of pages of 300 words each read Total number of pages of 300 words each completed Total number of deeds and copies of whichendorsements copied. Total number of receipts under Section 52 written Total number of deeds, in connection with whichthumb impressions taken
  (a) (b) (c) (d) (e) (f) (g)
1st2nd3rd4th5th6th7th8th9th10th11th12th13th14th15th16th17th18th19th20th21st22nd23rd24th25th26th27th28th29th30th31st              
2 3 4 5
Total number of deeds, copies, memoranda and salecertificate indexed. Total number or memorandum prepared Miscellaneous works, if any Last number indexed Equivalent for the last work (i.e. the total workdone) Remarks (with initials of Sub-Registrar)
Documents of
Book 1 Book 3 Book 4 Copies Memoranda Male Certificates
(h) (i) (j) (i) (ii) (iii) (iv) (v) (vi)    
                     
Form No. 37Register of documents impounded
Serial Number Date of presentation Names of Parties - By whom presented Amounts of consideration Stamp affixed Date on which document was sent to Collector
Nature of documents From To
1 2 3 4 5 6 7 8 9
                 
Date on which it was received back Stamp adjudicated Penalty imposed Date on which notice issued to the Presentant fordeposit of fees, etc. Date on which it was admitted to or refusedregistration Number of the document and the volume in whichregistered or number of Book No. 2 Remarks
10 11 12 13 14 15 16
             
Form No. 38Stock Book of furniture and other Durable Articles
Serial Number Description of articles Price Date of purchase or supply Date and vouchernumber Signature with date of the Presiding Officerreceiving the articles
1 2 3 4 5
Signature with date of the Ministerial Officer incharge of the articles Note, with date and initials of the PresidingOfficer, in case of disposal e.g.(i) despatched toregistration office on(ii) sold (in respect of an old articleunder District Registrar's order on or(iii) destroyed (inrespect of old seals and rubber stamps) on...] Certificate of verification with signature anddate Remarks
6 7 8 9
Foot Note - (1) Each page to contain three entries leaving sufficient space after each entry.
(2)When a page is filled up, a note should be made at the bottom - "continued on page....."Form No. 39Register of applications for process under Sections 36 and 75 of the Registration Act
Serial No. Date of application Serial number of document in column 1 of the FeeBook Name of applicant Order passed on application Process fees paid Remarks (Signature with date of the RegisteringOfficer)
1 2 3 4 5 6 7
          Rs. P.  
Form No. 40Register of unclaimed documents etc. Leviable with safe custody fees
Date Number of document copy/E.C. Date of completion (registration) or refusal Initial of Registering Officer with date Date of return Safe custody fees realised Initial of Registering Officer Remarks
1 2 3 4 5 6 7 8
               
Form No. 40ARegister of unclaimed documents belonging to Government
Serial No. Number of documents Year Nature of documents Name of parties Date of return Remarks
Claimant Executant
1 2 3 4 5 6 7 8
               
Form No. 41Register of application under Section 25 or 34 of the Registration Act XVI of 1908
Serial number of application Date of application Date on which the application was submitted Application under Section 25 or 34 Name of applicant Date of execution of the deed
1 2 3 4 5 6
           
Application granted or refused Penalty paid Date of registration or refusal of document Book, volume and document number or refusalnumber in Book-2 Initial of Sub-Registrar Remarks
7 8 9 10 11 12
  Rs. P.        
Form No. 42Register of appeals Under Section 72 of Act XVI of 1908
Number of appeal Name of parties Date of presentation of appeal Name of Sub-Registrar against whose order theappeal is preferred with date of the order of refusal Particulars of document of which registration hasbeen refused Final order Date on which the record was made over to theRecord Keeper Remarks
1 2 3 4 5 6 7 8
               
N.B. - Records should be classified as A.B., or C according fo their importance in accordance with paragraphs 146 to 147-A of instruction and orders.Form No. 43Register of Applications Under Section 73 of Act XVI of 1908
Number of appeal Name of parties Date of presentation of appeal Name of Sub-Registrar by whom the document was refused with date of the order Particulars of document of which registration hasbeen refused Final order Date on which the record was made over to theRecord Keeper Remarks
1 2 3 4 5 6 7 8
               
N.B. Records should be classified as A,B or C according to their importance with paragraphs 146 to 147-A of instructions and orders.Form No. 44Record Room register for appeals cases
Class of cases Serial No. Names of parties Date of decision Number of files Class of paper Date of deposit in the Record room
1 2 3 4 5 6 7
             
Signature of the clerk depositing the records Date of receipt by the record keeper with hissignature Press Rack Shelf Number of bundles Date of destruction with signature of the recordkeeper Remarks
8 9 10 11 12 13 14 15
               
Form No. 45Form of application for entertainment of extra establishment in the............. for the month of............. 20
Number of permanent clerks employed in copying Arrears of copying work, if any, on the date ofapplication with explanation Average daily presentation (in pages of 300 wordseach) during the week preceding the date of application Whether the average is expected to be maintainedto or to increase in days following the date of application, ifso, for how many days
1 2 3 4
       
Number of additional hands employed with periodof employment of each in the corresponding month of the precedingyear Number of additional hands now applied for andthe period, with full reasons why so many hands are required District Sub-Registrar's order Remarks
5 6 7 8
       
Form No. 46Weekly statement of progress of work in the sub-registry office in the district of for the week-endingUp to the end of the week beginning from the 1st of the monthTotal number of deeds admittedTotal number of deeds completedTotal number of deeds indexedTotal number of Memoranda receivedTotal number of Memoranda indexedTotal number of Loan order receivedTotal number of Loan order indexedTotal number of Sale Certificates receivedTotal number of Sale Certificates indexedStatement Showing The Work Done By The Permanent Establishment
Name of Ministerial Officer attached to theoffice Number of working days in respect of each Total amount of work in standard pages doneduring the week Daily average Remarks (Deficiency of work, in concerning any,to be explained).
1 2 3 4 5
         
  Memo No.........../Dated ...........
  Submitted to the District Registrar...........
  Sub-Registrar of...........
  (Signature)
  Date...........
Note - To be submitted-
(1)On every Monday following a week, a part of a week ending on Saturday during the. month in which extra establishment is entertained, and
(2)On the day following the last day of the said month for its closing week or part of the week.Form No. 47Form of application for sanction to the payment of extra temporary establishment entertained at...............for the month of...........20.........
Total work during the month :    
(1) Number of deeds registered............. (i) Number of working days during the month.............
(2) Number of copies forwarded to other office............. (ii) Number of documents pending from previous month.............
(3) Number of certified copies prepared............. (iii) Number of documents admitted during the month.............
(4) Number of memoranda prepared............. (iv) Number of documents completed during the month.............
(5) Number of copies, memoranda and sale certificates receivedfrom other offices (v) Number of documents balance in hand.............
Name of clerks both permanent and temporary Number of working days Total number of pages of 300 words each copied Total number of pages of 300 words each read Total number of pages of 300 words each compared Total number of marginal endorsements copied
1 2 3 4 5 6
Total number of receipts (under Section 52)written Total number of deeds in connection with whichthumb impressions taken Total number of deeds, copies memos and salecertificates indexed Total number of memoranda prepared Miscellaneous works Amount due to each extra clerk Remarks
7 8 9 10 11 12 13
Certified that the number of pages has been arrived at by the dividing the total number of words copied by 300 and that I have checked the entries with the Attendance Register and found the result correct.The .............. 20Sub-Registrar ofForm No. 48Register of Extra Establishment
Sl. No. Name of extra Clerk Date of birth Residence Educational qualification Period of employment Total outturn Amount earned Remarks
1 2 3 4 5 6 7 8 9
                 
Form No. 49Memorandum of document No..... Page
Nature of document, date of admission toregistration and the endorsement of certificate of registration Name and address of the parties Short description of property affected Value of consideration
Executant (s) Claimant (s)
1 2 3 4 5
         
(Signature)Designation
Form No. 50Receipt for Memoranda and copiesMemo No............... dated the..........20The under-signed has to forward herewith the undermentioned memoranda/copies of document (s)Dated..............Registrar/Sub-Registrar..........ToThe Registrar/Sub-Registrar of ........
Register number of document (s) Where registered Number of memoranda Number of copies
1 2 3 4
Memo No.............Dt............20......Received the above mentioned memoranda and copiesDated..............Registrar/Sub-Registrar............Form No. 51Register of copies, memo etc., received from other offices and Courts
Date of receipt Name of Issuing Office or Court Register No. with year of each deed of which Sale certificates etc., received Number with year assigned to each and also thename of office to which memo reissued [Section 65(2), 66(3)] Remarks (with initials of the RegisteringOfficer)
Copies received Memo received Case number with year [Section 89 (2)(4)] Name of the person (or the-first one) to whomloan granted [Section 89 (1 )(3)]
1 2 3 4 5 6 7 8
Form No. 52Register of copies and memoranda transmitted to other offices
Register number of documents and volume in whichentered Date of admission to registration Date of completion of registration Name of offices for which copies and memorandaare required Serial number of copies Serial number of memoranda Date of despatch of Date of acknowledgment Reminders and remarks
Copy Memo
1 2 3 4 5 6 7 8 9 10
                   
Form No. 53Register of History of office ofItemsI. Particulars regarding the opening of the officeOrder of Government No................. dated..........Notification No...........dated..... in the Official Gazette, dated...............Date of opening...... .....Whether opened as a separate or Joint Office..................Note - The following particulars shall also be entered, when applicable.
(a)The date of conversion into a special office in respect of an office originally started as an ex officio office.
(b)The date of abolition and reopening as regards an office abolished and subsequently reopened.
(c)The date of transfer to the present locality with the name of the station from which it was transferred in respect of an office opened in one place and subsequently transferred to another locality.
(d)Changes in the name of the office.
(e)Any fact of interest such as the amalgamation of the office of a Sub-Registrar with that of a Registrar.
II. Government Building in which office is or has been held
Design Year in which the building was completed Cost Dimension - (Length x Breadth x Height) Any other thing like compound wall, well, parleyshed, urinal, etc. Date of - Structural alteration and addition and importantwork of petty constructions and repairs Date of completion Cost of additions, alterations and repairs
Office room Record room Verandah Occupation Vacating
1 2 3 4 5 6 7 8 9 10 11 12
III. Rented Buildings in which The office has been held
Description and position of building Rent Number and date of I.G.R's order sanctioning rent Enhanced rent Number and date of I.G.R.'s order sanctioningenhanced rent Date of occupation - I.G.R.'s order sanctioning removal
From To
1 2 3 4 5 6 7 8
               
IV. Dates of Inspections
I.G.R. I.R.O. D.S.R D.R. A.G.
1 2 3 4 5
 
V. Transactions
Year Registration Receipt Expenditure Saving Remarks
1 2 3 4 5 6
 
VI. Succession List of Officers
Sl. No. Name of officer If acting or officiating designation of permanentpost Whether acting or officiating and cause of actingappointment Date of -
Commencement Termination
1 2 3 4 5 6
 
VII. Establishment
Sl. No. Number and date of order creating post Nature of post Number Time-scale of pay
1 2 3 4 5
         
VII. Jurisdiction with Registration
Sl. No. Name of village (in alphabetic order) Thana number Distance from Office Kms. Registration Registration
                   
                           
IX. Progress of Work
Month Docts. admitted and fees Searches No. Copies Powers authenticated Visit and Commission
G.S. S.S Fees Fees
No. Leviable Levied No. No. Leviable Levied Leviable Levied No. Fees No. Fees
                             
Money lenders Certificate Fine under Section 25, 34 Appeals and applications Other (fees) Special Marriage Act fees Stamp duty paid
No. Fees No. Fine 72 73 Fees Ordinary Additional Others Copies Total Remarks
Rural Urban
                               
Form No. 54
Memorandum of an Inspection of the Office at
District ofmade on the  
by (give designation as well as name).  
General

1. The Office was last inspected -

on.............................by District Registraron.............................by District Sub-Registraron...... ......................by A.G.on.................................. by Inspector of Registration Officerson.............................by Inspector-General/Dy. I.G.R.(Indicate about the release of the above inspection notes along with the date of submission of compliance reports and remarks or orders thereon, if any, as well as maintenance of inspection note guardfiles.)

2. The Sub-Registrar's name is

He joined the Department on andhis present appointment on

3. The permanent establishment consists of the following sanctioned posts (Also indicate the names of the persons in position with dates since which they are stationed).

For Sadar Offices

4. Are the service books of the establishment manitained up-to-date and the duplicate copies maintained properly ?

For all Offices

5. Have securities been furnished by the clerk and peon and by the Record-keeper also ?

6. (a) Does the establishment work at or above the prescribed minimum rates ?

(b)Outturn of work from 1st January to (end of the month preceding the inspection).
Name of the permanent clerk Number of working days Number of pages copied in the registers Number of pages read Number of pages compared Number of documents indexed
1 2 3 4 5 6
Number of documents in connection with whichthumb impression taken Number of (Section 52) receipts written Other items of work Number of documents of which marginal endorsementcopied Total work done Daily average Remarks
7 8 9 10 11 12 13
Extra Clerks

7. (a) Having counted the works in pages, I find each page charged for contains 300 words on an average.

(Instances of loose writing and the extent of inflated outturn determined through random check of lines written as well as the caligraphy be mentioned).
(b)Is a register of extra clerks kept and does it show the remuneration paid to each ?
(c)Are the application for sanction to their payment correctly prepared according to the amount of work done ? Who has checked them ? Have they been punctually submitted to the District Registrar in the first week of the following month ?

8. (a) Are the dairy and the attendance register properly kept, and do they show that the work is judiciously distributed and the work-card maintained properly ?

(b)Does the Sub-Registrar check the indexing and comparision of deeds and does he notes the fact in his diary ?

9. Are the clerks under the direct supervision of the Sub-Registrar so that they can have no dealings with the public except in his presence?

10. In a casual leave register duly maintained ?

11. Registrar of History of Office and its maintenance

12. Resume of work from January 1st to date_______________________

Deeds admittedDeedscopied...Deeds comparedDeeds completed {|
Book Book Book Total
I III IV  
       
|}
Deeds indexed {|
Index Index Index Index
I II III IV
       
|}The number of arrears and the cause is alleged to be

13. Transactions for the previous two years

(Reasons for fluctuations, if any)
  20 20 Increase Decrease
Number of registrationsTotal receiptsTotal ExpenditureSub-Registrar's salaryEstablishment payContingenciesOther charges (stating what they are)        

14. (a) What is the number of unteturned deeds year by year since the last destruction ?

I
(b)Does the number shown above in any year tally with the number not written off as delivered in the fee-book and with the receipts in office ? (Here state the year).
(c)Maintenance of the Register of unclaimed documents and checking realisation of safe custody fees with instances.
(d)Compared the fees entered on unreturned deeds and on copies of returned deeds with the fees entered in the fee book and in the receipts original or counterfoils, and found.

15. Are receipts properly endorsed and the endorsements dated ?

16. The time taken to complete registration was

During 1st quarter
2nd Do
3rd Do
4th Do.
Indicate about maintenance of the Daily Notice of completion and the reason for delay in completion, if any.

17. (a) Are the documents copied in the order in which they are admitted and are they completed on the day on which they are compared ? Are corrections and additions properly noted and numbered and attested?

(b)Are copies compared in accordance with the instructions given in Rule 62, Chapter II, Registration Manual ?

18. (a) Having taken deeds (or copies) at random in Books I, III and IV, I found the stamps insufficient and the fees realised less in the following cases :

(Cases of misclassification should be clearly stated furnishing a copy of the deed in question, if necessary).
(b)I compared certified copies with the original deeds and found the result.
(c)Having examined deeds (or copies) on which fees for visit were charged, I found that the endorsements and charges were.

19. Did the deeds examined in Book I relate exclusively to immovable, property, and was the description sufficient to identify (Section 21, Registration Act and the Rule framed thereunder).

20. Did any of the deeds examined in Book IV relate in whole or in part, to immovable property as defined in Section 2(6) Registration Act ?

21. Working of Section 47-A and maintenance of the Valuation Register.

22. Money Lenders Registration.

23. In all areas in which a cadastral survey has been made and record-of-rights finally published are lands described by reference to the most recent detailed maps ? Are the survey numbers and areas of the plots given ?

24. (a) The stamp certificate is written by and is signed by

(b)Are the endorsements recorded exactly as prescribed in the rules ? Are they legibly recorded ? What is the condition of the rubber stamps used ? Are rubber stamps used where the endorsements should be in manuscript ?
(c)Who records signs and dated the endorsements ?
Do the parties also sign them ?

25. (a) Does Book III contain any authority to adopt ? Are the definitions of wills and authorities to dopt properly understood ?

(b)Have the endorsements on wills and authorities to adopt been properly made ?

26. Are the instructions regarding identification duly observed ?

27. (a) Are thumb impressions clear and slightly rolled ?

(b)Are the rules without thumb impressions fully observed ?
(c)are they taken in the presence of the Sub-Registrar and are they signed and dated by the parties in the register also ?

28. (a) There have been copies, memoranda, loan orders and sale-certificates received and they have all been filed, paged and indexed.

(b)Has Rule 102(5), Registration Rules been observed with regard to the numbering and lettering of the papers and volumes therein referred to ?
(c)Is the date of receipt of the papers given ?

29. (a) Having tested the indexing of deed registered in Books I, III and IV including those relation to property situated in two or more villages, and of copies, memoranda and salecertificates, I find the result The handwriting.

(b)Maintenance of Index Preparation Register.

30. (a) What is the number of documents pending admission ?

(b)Why are they pending?
(c)Are any of them pending for more than the period allowed by the rules ?

31. (a) Book II contains the record of cases, reason for refusal to register are valid.

(b)Are the reasons recorded by the Sub-Registrar in his own hand, and in the words of the Act and Rules ?
(c)Is the procedure laid down by the rules throughly understood ?

32. (a) The number of cases in which penalties were levied were:

(i)Under Section 25
(ii)Under Section 34
(b)Has the procedure laid down by the rules for delay in appearance been correctly followed ?

33. (a) There have been visits paid and commissions issued.

(b)Have the instructions in the rules been complied with ?
(c)Enumerate after consulting the registers any special delay which occurred in the execution of visits of commissions.

34. (a) There have been applications for search and copy, Have the rules for making searches forthwith been fully observed ?

(b)Specify any cases of delay in furnishing attested copies/ E.Cs. quoting the date of deposit of stamps and the date of completion in each case of delay.

35. (a) The register of powers-of-attorney contains general and special powers.

(b)Have the rules with regard to power-of-attorney been strictly observed
?
(c)Are the purposes of the powers distinctly recorded ?
(d)State whether any power which should not have been authenticated has been entered in the register.
(e)Have all the endorsements recorded on the power been copied in the register ? Are the endorsements and charges correct ?

36. (a) Has revocation of previous powers been noted the Abstract of Contents ?

(c)Is a notice of revoked powers hung up ?
(c)Is a notice in Form No. 61, Appendix I of the Registration Manual pasted at the office ?

37. (a) The number of deeds impounded during the year was and the number certified by the Collector to be insufficiently stamped was and are pending.

(b)Is the procedure laid down in Rules 38 and 39 thoroughly understood and strictly, followed ?

38. (a) There were copies and memoranda despatched to other offices and the number in arrear is copies, and memoranda.

(b)What is the longest period that has elapsed between the completion of a deed and the despatch of the copies or memoranda during the current year ?
(c)Is the marginal note of despatch entered in the right hand column, Book I ?
(d)Is a file of receipts kept ?
(e)Are the rules for reminders and daily inspection of the Register of copies and memoranda observed by the Sub-Registrar ?
Accounts

39. (a) Is the fee book properly kept and written by the Sub-Registrar and do the entries in it agree with the total fees in rough draft and the total receipts in the latter with the chalans or the postal acknowledgements or money-order receipts ?

(b)Do searching and copying fees in the register of application for search and copy agree with the Rough Draft ?
(c)Do the visit fees in the register of visits and Commissions agree with those shown in the Rough Draft ?
(d)Is the prescribed weekly statement of remittances correct by prepared and regularly submitted ?

40. (a) Is the Court Fee Register properly kept and is it totalled day by day ?

(b)Recording of the required declarations on the deeds by the executants and the claimants.
(c)Are the notices sent in time regularly ?
(d)The number of notices under the O.L.R. Act remaining to be prepared and forwarded is.

41. Are the rough drafts of statement regularly written up day by day and examined, checked and initialled by the Sub-Registrar ?

42. Are the monthly statements (of muffasal offices) and the quarterly statements (of Sadar and mufassal offices) punctually submitted and are they properly filled up ?

43. Working of the Income-Tax, Sections 230-A and 269.

44. (a) Is the cash book properly kept and is it written up-to-date and written by the Sub-Registrar ?

(b)Is it balanced daily, and does it agree with rough draft ?

45. (a) Was the amount shown in the cash and fee books as being in hand on the day of inspection actually produced ?

(b)Does the Sub-Registrar keep the money in his own custody separate from his private funds ? In mufassal offices, is there any delay in forwarding money to the nearest treasury ?

46. Is an acquittance roll duly kept and are the entries attested by the Sub-Registrar and dated ?

47. (a) Is the contingent register properly kept ?

(b)What is the permanent advance allowed to the Sub-Registrar ? Does the amount spent together with the balance in hand as permanent advance make up the full amount of permanent advance ?
(c)Are the instructions for paging the register and certifying the number of pages and for initialling each item of the register after examining each voucher and for signing and dating the grand total duly observed ?
(d)Are all remittances from the Sadar Office to Sub-Registrar in payment. of Sub-Registrar's bills made promptly by money-cyrder.
For Sadar Office Only

48. (a) Does the contract contingent expenditure exceed the average monthly allotment ?

(b)Have the instructions for preserving the contract contingent bills and the postal acknowledgements been observed ?
For All Offices

49. How many refunds does the register of refunds show ? Have all been made that should be ? Do they agree with the quarterly statement and have they been made to the proper parties ? Is the annual statement in the register of refunds recorded at the close of the year ?

50. Is an account of service postage stamps properly kept ?

51. (a) Are the stock book of stationery and the register of receipt and issue of printed forms properly kept ? Do the balances in stock agree with the balances shown in them ?

(b)Has the stock been compared with the book balance at the end of every quarter and the book been initialled by the Sub-Registrar in token thereof ? Have indents been submitted on due dates ?
(c)Is the furniture properly entered in the stock book and has the Sub-Registrar initialled the balance whenever the stock is verified ?
Miscellaneous

52. Are circulars including general and miscellaneous letters properly filed and are the addenda and corrigenda of the Registration and Stamp Manuals properly pasted in their respective places ? Note the numbers and dates of last (a) circular, (b) addendum or corrigendum, received.

53. Has a separate alphabetical index of the circulars and the miscellaneous and general letters been properly kept ?

54. (a) The notices prescribed in rules, and the list of documents liable to destruction are duly exhibited outside the office, or in some conspicuous place to which the public have easy access, with the following exceptions

55. (a) Are the registers of letters received and issued properly kept? Are the serial numbers of pending letters noted once a week and seen by the Sub-Registrar ? Are reminders regularly issued and noted ?

(b)The correspondence is arranged according to the prescribed collections - Have the papers been classified as A,A - 50-A, 35, B, B-6 and C ?

56. The Register of records has been brought up to and has been certified to be correct by the Registrar up to. Has the rule for entering all books, etc., and making then necessary notes in it been properly observed?

57. Has the rule for certifying the number of pages in, and the closure of, registers been complied with ? Is a certificate showing the number of pages written upon entered by the registering offices in'his own hand on the first page of the register ?

58. The state of the record is

59. Does the Registering Officer keep the keys of almirah, boxes, etc., containing the deeds and records in his own possession out of office hours ?

For Mufasaal Offices

60. Completed volumes and indexes down to (give the date) have been forwarded to the Sadar Office and completed volumes are still in the office.

For Sadar Offices

61. Is the space in the record-room sufficient ? If so, for how long is it estimated it will be so and is the record-room suitable in every respect for the preservation of the records ?

62. Examine the condition of the old records in the record-room and note whether proper attention is paid for keeping them in good condition.

63. (a) Examined the wills and sealed covers in the safe and found them in condition.

(b)Is an. Index of the sealed covers kept ?
(c)Are the covers examined every quarter by the District Sub-Registrar and the fact noted in the attendance register ?
(d)Is Book 5 properly kept ?

64. Is a register of unclaimed wills kept under Rule 104 ?

65. (a) During the current year there were cases under Section 72

and cases under Sections 73 of the Registration Act, and the number of appeals and applications undecided is. The adjournments in each case were reasonable except in the following cases :
(b)Is a record-room register of the case records kept ? Have the papers been classified as A, B and C ?

66. Is a separate Book II maintained for the District Registrar and does the record his reasons for refusal in this Book ?

67. (a) Completed volumes and indexes have been received from the following subordinate offices siaown to

(b)The state of these volumes and indexes

68. Special Marriage Act, 1954 and Births and Deaths the working thereof.

For All OfficesOffice Building and Record Room

69. The office is held in

(Describe the building whether pucca or katcha, etc.) (any suggestions as to alterations, repairs or additions to the office building or furniture should also be made by the District Registrar by separate letter.)

70. The present state of the office is

RemarksA. The defects noted in paragraph A of the last inspection report have been removed with the exception of.The Defects noted at this inspection should also be removed.See ParagraphsB. The Inspector-General's/District Registrar's particular attention is invited to paragraphs of this report.C. Confidential communications with regard to the office should be separately submitted.Date.......................................Signature with designationMemo No....................Dated ............Submitted to I.G.R, Orissa, CuttackSignatureMemo No...........................Dated .......Copy submitted to District Registrar/District Sub-Registrar.............. Sub-Registrar.............. for necessary action.SignatureForm-APart-IForm No. 55

XXI

Statement of instruments registered and of the value of property transferred by registered instruments together with the fees thereof in the Registration office at in the district of for the quarter ending 20...Immovable Property (Book-1)
Compulsory Registrations affecting immovableproperty
Serial No. Name of Office Gift of Immovable property [Section 17 (1),Clause (a)] Sale of exchange of any value Mortgage Other registered under [Section 17 (1), Clauses(b), (c) and (e)] Leases under [Section 17(1), Clause (d)]
Number Aggregate value Number Aggregate value Number Aggregate value Number Aggregate value Number Value of annual rents Amount of Premia
1 2 3 4 5 6 7 8 9 10 11 12 13
      Rs.   Rs.   Rs.   Rs.   Rs. Rs.
Grandtotal for the whole district
Total compulsory registrations affectingimmovable property Optional Registration affecting immovableproperty
Sale or exchange of value less than 100 Mortgage Lease Others registered under [Section 18, Clauses (a)and (b)] Awards below Rs. 100 in value
Number Aggregate value Fees Number Aggregate value Number Aggregate value Number Aggregate value Number Aggregate value Number Aggregate value
14 15 16 16-A 16-B 16-C 16-D 17 18 19 20 21 22
  Rs.     Rs.   Rs.   Rs.   Rs.   Rs.
Optional Registrations affecting immovableproperty.
Miscellaneous registrations other than certifiedcopies of decrees and order of Court Certified copies of decrees and orders of Court Total registrations affecting immovable property Total (compulsory and optional) affectingimmovable property (columns 14 to 16 and 27 to 29)
Number Aggregate value Number Aggregate value Number Aggregate value Fees Number Aggregate value Fees
23 24 25 26 27 28 29 30 31 32
  Rs.   Rs.   Rs. Rs.   Rs. Rs.
Form No. 56

XXI

Form A - Part - IIStatement of instruments registered and of the value of property transferred by registered instruments together with the fees thereof in the Registration Office at in the district of for the quarter ending 20......Movable Property (Book - 4) and Wills (Book - 3)
  Compulsory Optional   Optional Compulsory
Name of office Gift affecting movable property (Section 123,Clause 2, Transfer of Property Act) All other documents registered relating tomovable property (Section 18, Clauses (d) and (f)] Total registration affecting movable property(Book - 4) Wills including cancellation (Book - 3) Written authorities to adopt (includingcancellations) other than those conferred by Wills Book-3)
Number Aggregate value Number Aggregate value Number Aggregate value Fees Number Fees Number Fees
1 2 3 4 5 6 7 8 9 10 11 12
Grand total for the whole districtRegistrar ofForm No. 57

XXI

Form B - Part -1[See paragraph 20 (a) of Instructions and Orders]Classified statement of income from fees of registrations and ail other receipts with the number of operations thereunder in the district of during quarter ending 20
Name of Office Ad valorem fees for registration Fees on registration of wills, etc., whenpresented open (Section 41) Documents chargeable with fixed fees Fees under Section 30(i) Fees for copies and Memo of documents to beforwarded to others offices under Sections 64 to 66. Copying and endorsement fees on documents Total
No Fees
1 2 3 4 5 6 7 8 9
Grand Total Rs. Rs. Rs.   Rs.   Rs. Rs.
Covers containing wills deposited (Section 42)withdrawn (Section 44) and opened (Section 45) Inspection of Books and Registers Applications for searching Indexes Applications for copies of entries in Books andIndexes Commissions issued and visits paid (Section 31,33and 38). Registrations under Sections 25 and 34.
No Fees No Fees No Fees No Fees No Fees No Fees
10 11 12 13 14 15 16 17 18 19 20 21
Rs. Rs. Rs. Rs. Rs. Rs.
Fees levied on delivery of registered and refuseddocuments. [Safe custody fees] Power of-attorney authenticated includingcancellations Total fees other than ordinary fees Total fees, i.e., total of Columns 8 and 25 All other receipts excepting sale proceeds ofpaper for copies.
No Fees
22 23 24 25 26 27
Rs. P.   Rs. P. Rs. P. Rs. P. Rs. P.
Total fees for credit to Govt, i.e. total ofcolumns 26 and 27. Deduct amount not paid into the Treasury duringthe current quarter Balance remitted to the Treasury on account ofthe current quarter. Add remittances on account of fees, etc., in handat the close of the previous quarters. Total amount paid into the Treasury during thecurrent quarter. Remarks
28 29 30 31 32 33
Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.  
Form No. 58Form - B - Part-IIDetails of documents charged under different categories in.................. during the quarter ending 20.......
Name of Office Total number of documents charged under advalorem fees Total number of documents charged with fees andregistered in Book-3 Total number of documents charged with fees andregistered in Book-4 Total number of documents registered free ofcharge. Grand total i.e., total of Columns 2 to 5. Documents presented during the quarters butrefused, kept pending or incomplete at the close of the quarter. Documents pending or left incomplete fromprevious quarters but completed during the quarter Remarks (Number of documents on which feescharged under more than one Article).
No. Fees No. Fees
1 2 3 4 5 6 7 8 9 10 11
TotalRegistrar of........Form No. 59Form-CStatement showing the number, etc. in respect of Rayati holdings having occupancy, rights transferred by reaistered deeds of sale during the quarters ending in the District/Sub-Registry of.............
Name of Sub-Registry Office Entire In part Remarks
Number Area transferred Rent payable Consideration money Number Area transferred Rent payable Consideration money
1 2 3 4 5 6 7 8 9 10
Form No. 60Form-DStatement of principal operations other than registration in Books, 1, 3 and 4 in the district during the quarter ending
Name of Office Wills removed of Courts under Section 259 of theIndian Succession Act, copy being kept in Book-3 under Section Refusals to register (Sections 71 and 76) Appeals against such refusal (Section 72) andapplications under Section 73 regarding such refusal Registrations ordered by Civil Courts (Section77) Prosecutions (Sections 81, 82). Number of orders and certificates filed in BookNo. 1 under Section 89 of the Registration Act.
Registrations ordered Registration refused
1 2 3 4 5 6 7 8
Grand TotalFor the whole District.
Form No. 61Registrar of.......Form-EStatement of remittances to the Treasury/Bank at....from the Sub-Registry Office at....during the week....ending...with dates of remittance
Date of remittance Chalan or M.O. receipt number Registration fees Copying fees Searching fees Miscellaneous Others Total Remarks (Balance at the end of the period)
1 2 3 4 5 6 7 8 9
                 
Signature Sub-Registrar.......Form No. 62Form -FStatement showing the receipt of the Registration Department in the district of......... for the month of 20......(To be despatched by the 7th of the month following that to which the statement relates)
Name of offices Fees for registering documents Fees for copies of registered documents etc. Fees for searching records Miscellaneous Total (Columns 2 to 6) Recoveries of over payments Deduct refunds Remarks
Fees for authentication of power-of-attorney Others
1 2 3 4 5 6 7 8 9 10
                   
Total
Total as perTreasury Register
Forwarded to the Inspector-General of Registration, OrissaVerifiedDated the 20 Treasury Officer Registrar ofForm No. 63Rough Draft for Statement in form A, Part - IStatement of instruments registered and of the value of property transferred by registered instruments together with the fees thereof in the Sub-Registry Office for the month of.....20Immovable Property
Compulsory Registrations Affecting ImmovableProperty
Days of the month Gift of immovable property [Section 17 (1),Clause (a)] Sale or exchange of any value Mortgage Others registered under Section 17(1) Clauses (b)and (e)]
Number Aggregate value Number Aggregate value Number Aggregate value Number Aggregate value
1 2 3 4 5 6 7 8 9
    Rs.   Rs.   Rs.   Rs.
1...2...3...4...5...6...7...8...9...10...11...12...13...14...15...16...17...18...19...20...21...22...23...24...25...26...27...28...29...30...31...                
Total                
Compulsory Registrations Affecting ImmovableProperty Optional Registrations Affecting ImmovableProperty
Leases [under Section 17 (1), Clause (d)] Total compulsory registrations affectingimmovable property Sale or exchange of value less than 100 Mortgage Lease
Number Value of annual rents Amount of Premia Number Aggregate value Fees Number Aggregate value Number Aggregate value Number Aggregate value
10 11 12 13 14 15 15-A 15-B 15-C 15-D 16 17
  Rs. Rs.   Rs. Rs.   Rs.   Rs.   Rs.
Optional Registrations Affecting ImmovableProperty
Others registered under Section 18, Clauses (a)and (b) Awards below Rs. 100 in value Miscellaneous registrations other than certifiedcopies of decrees and orders of Court Certified copies of decrees and orders of Court Total optional registrations affecting immovableproperty Total (compulsory and optional) affectingimmovable property, Columns 13 to 15 and 26 to 28
Number Aggregate value Number Aggregate value Number Aggregate value Number Aggregate value Number Aggregate value Fees Number Aggregate value Fees
18 19 20 21 22 23 24 25 26 27 28 29 30 31
  Rs.   Rs.   Rs.   Rs.   Rs. Rs.   Rs. Rs.
Form No. 64Rough Draft For Statement in form A, Part - IIStatement of instruments registered and of the value of property transferred by registered instruments together with the fees thereof in the Sub-Registry Office at for the month of 20...........Movable Property (Book 4) and Wills (Book 3)
Days of the month Compulsory Optional   Optional Compulsory
Gift affecting movable property (Section 123,Clause 2, Transfer of Property Act) All other documents relating to movable property[Section 18, Clauses (d) and (f)] Total registrations affecting movable property(Book 4) Wills including cancellations (Book-3) Written authorities to adopt (includingcancellations) other than those conferred by Wills (Book 3)
Number Aggregate value Number Aggregate value Number Aggregate value Fees Number Fees Number Fees
1 2 3 4 5 6 7 8 9 10 11 12
    Rs.   Rs.   Rs. Rs.   Rs.   Rs.
1...2...3...4...5...6...7...8...9...10...11...12...13...14...15...16...17...18...19...20...21...22...23...24...25...26...27...28...29...30...31...                      
Grand Total
Form No. 65Rough Draft for Statement in Form B, Part -1Classified Statement of income from fees on registration and all other receipt with the number of operations thereunder in the Sub-Registry Office at.... for the month of....20
Days of the month Ad valorem fees for registration Fees on registration of Wills, etc., whenpresented open (Section 41) Documents chargeable with fixed fees Fees under Section 30 Fees for copies and Memo of documents to beforwarded to other offices under Sections 64 to 66
No. Fees
1 2 3 4 5 6 7
  Rs. Rs. Rs.   Rs. Rs.
12345678910111213141516171819202122232425262728293031            
Total            
Copying and endorsement fees on documents Total Covers containing Wills deposited (Section 42),withdrawn (Section 44) and opened (Section 45) Application for Inspection of copy Registers andany other book etc. Application for Search of Indexes
No. "A" 24 Fees Total Number Fees
8 9 10 11 12 13 14 15
Rs. Rs.   Rs.   Rs.   Rs.
Applications for copies for entries in Books andIndexes (Sections 31, 33 and 38) visit paid andCommissions issued Registration under Sections 25 and 34) Safe custody fees Powers of attorney authenticated (includingcancellations) Total fees other than ordinary fees
Number Fees Number Fees Number Fees Number Fees
16 17 18 19 20 21 22 23 24 25
  Rs.   Rs.   Rs. Rs. P.   Rs. Rs. P.
Total fees i.e. total of Columns 8 and 25 All other receipts excepting sales proceeds ofpaper for copies Total fees for credit to Government, i.e., totalof Columns 26 and 27 Balance of previous date Total of Columns 36 and 37 Amount remitted to the treasury Balance in hand Remarks
26 27 28 29 30 31 32 33
Rs.P. Rs.P. Rs.P. Rs.P. Rs.P. Rs.P. Rs.P.  
Form No. 66Rough Draft for Statement in form B, Part IIDetails of documents charged different Articles in the Sub-Registry Office at for the month of 20.........
Days of the month Total number of documents charged with fees to advalorem rates. Total number of documents charged with fees andregistered in Book 3 Total number of documents charged with fees andregistered in Book 4 Total number of documents registered free ofcharge. Grand total i.e., total of Columns 2 to 5 Remarks
1 2 3 4 5 6 7
12345678910111213141516171819202122232425262728293031            
Total
Form No. 67Rough Draft For Statement in Form - CStatement showing the number, etc. in respect of raiyati holdings having occupancy rights transferred by registered deeds of sale in the sub Registry Office......at....for the month of 20..........
Days of the month Entire In Part Remarks
Number Area transferred Amount of rent payable to land-lords Consideration money Number Area transferred Amount of rent payable to land-lords Consideration money
1 2 3 4 5 6 7 8 9 10
12345678910111213141516171819202122232425262728293031                  
Form No. 68

XXI

Register showing Registration, Receipts and Expenditure for the month of.....Registration And Receipts
Name of Office Number of documents completed Fees for registering documents Fees for copied of registered documents Miscellaneous Total (Columns 3 to 8) Recovery of over payments Deduct refunds Net receipts Remarks
Fees for searching records Fees for return of documents by post Fees for authorisation of power of attorney Others
1 2 3 4 5 6 7 8 9 10 11 12 13
  Rs. P Rs. P Rs. P Rs. P Rs. P Rs. P Rs. P Rs. P Rs. P Rs. P Rs. P  
Total for the monthTotal up to the end of the monthExpenditure
Name of Office Pay of officers Pay of Establishment Tavelling allowance Contingencies Total (Cols. 2 + 5 + 6 and 7) Remarks
Permanent Temporary Total
1 2 3 4 5 6 7 8 9
  Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.  
Total for the monthTotal up to the end of the month

XXI

Form No. 69District Annual Administration ReportNoFromTHE REGISTRAR OFToTHE INSPECTOR-GENERAL OF REGISTRATION, ORISSADated the 20Sir,I Have the honour to submit the following report on the working of theIndian Registration Act XVI of 1908, the in the district of during the year 20

2. The following statement shows the work of the department biennial during the triennial period ending 31st December 20 -

Year Number of Registration Total receiptsRs. Total expenditureRs. SurplusRs. Number of registration Offices
Affecting immovable property Other registrations Total
Compulsory Optional
20.....20.....
[The causes of any remarkable fluctuation in the figures for the bennial period should be given]Form No. 1Statement of instruments registered and of the value of property transferred by registered instruments together with the fees thereof in each Registration Office in the district for the year 20Immovable Property (Book 1)
Serial No. Name of office Compulsory Registrations Affecting ImmovableProperty
Gift of immovable property [Section 17 (1),Clause (a)] Sale or exchange of any value Mortgage Others registered under Section 17(1) Clauses (b)and (e)]
Number Aggregate value Number Aggregate value Number Aggregate value Number Aggregate value
1 2 3 4 5 6 7 8 9 10
      Rs.   Rs.   Rs.   Rs.
Grand total for the whole district.Grand total for the whole district for thepreceding year (20).
Compulsory Registrations Affecting ImmovableProperty Optional Registrations Affecting ImmovableProperty
Leases [under Section 17 (1), Clause (d)] Total compulsory registrations affectingimmovable property Sale or exchange of value less than 100 Mortgage Lease
Number Value of annual rents Amount of Premia Number Aggregate value Fees Number Aggregate value Number Aggregate value Number Aggregate value of rent
11 12 13 14 15 16 16-A 16-B 16-C 16-D 17 18
  Rs. Rs.   Rs. Rs.   Rs.   Rs.   Rs.
Optional Registrations Affecting ImmovableProperty
Others registered under Section 18, Clauses (a)and (b) Awards below Rs. 100 in value Miscellaneous registrations other than certifiedcopies of decrees and orders of Court Certified copies of decrees and orders of Court Total optional registrations affecting immovableproperty Total (compulsory and optional) affectingimmovable property, Columns 14 to 16 and 27 to 29
Number Aggregate value Number Aggregate value Number Aggregate value Number Aggregate value Number Aggregate value Fees Number Aggregate value Fees
19 20 21 22 23 24 25 26 27 28 29 30 31 32
  Rs.   Rs.   Rs.   Rs.   Rs. Rs.   Rs. Rs.
(Form No. II) Contd.Statement of instruments registered and of the value of property transferred by registered instruments together with the fees thereof in each Registration Office in the district of....for the year 20Movable Property (Book 4)
Name of Office Compulsory Optional   Optional Compulsory
Gift affecting movable property (Section 123,Clause 2, Transfer of Property Act) All other documents relating to movable property[Section 18, Clauses (d) and (f)] Total registrations affecting movable property(Book 4) Wills including cancellations (Book-3) Written authorities to adopt (includingcancellations) other than those conferred by Wills (Book 3)
Number Aggregate value Number Aggregate value Number Aggregate value Fees Number Fees Number Fees
1 2 3 4 5 6 7 8 9 10 11 12
    Rs.   Rs.   Rs. Rs.   Rs.   Rs.
Grand total for the whole district
Grand total for the whole district for thepreceding year (20.....)
Form No. IIIStatement of Income from fees on registration and all other receipts with the number of operations thereunder in each Registration Office in the district of for the year 20
Name of office Registration under Section 25 and 34 Commissions issued and visits paid (Section 31,33 and 38) Inspection of Books
Number Fees Number Fees Number Fees
1 2 3 4 5 6 7
    Rs.   Rs.   Rs.
Grand total for the whole district.......
Grand total for the whole district for thepreceding year (20.....)
Applications for searching indexes Application for copies of entries in Books andIndexes Covers containing Wills deposited (Section 42),withdrawn (Section 44) and opened (Section 45) Power of attorney authenticated
Number Fees Number Fees Number Fees Number Fees
8 9 10 11 12 13 14 15
  Rs.   Rs.   Rs.   Rs.
All other receipts Total receipts Total of all registrations Forms I (Columns 30and 32) and II (Columns 6 and 8 to 12) Total gross income Refund and draw backs Total expenditure (Form IV) Total net income
Number Fees
16 17 18 19 20 21 22 23
  Rs.   Rs. Rs. Rs. Rs. Rs.
RemarksForm No. IVStatement of Expenditure in each of the Registration Offices in the district of for the year 20
Name of office Salaries of registering officers Cost of Establishment Other items of expenditure Total expenditure
Permanent Temporary Total
1 2 3 4 5 6 7
  Rs. Rs. Rs. Rs. Rs. Rs.
Grand Total for the whole district.
Grand Total for the whole district for thepreceding year (20....)
Form No. VStatement of Principal Operations other than Registrations in Books 1, 3 and 4 in each of the Registration Offices in the district of for the year 20
Name of Office Wills removed of Courts under Section 259 of theIndian Succession Act, copy being kept in Book-3 under Section Refusals to register (Sections 71 and 76) Appeals against such refusal (Section 72) andapplications under Section 73 regarding such refusal Registrations ordered by Civil Courts (Section77) Prosecutions (Sections 81, 82). Number of orders and certificates filed in BookNo. 1 under Section 89 of the Registration Act.
Registrations ordered Registration refused
1 2 3 4 5 6 7 8
 
Grand Total for the whole district......
Grand Total for the whole district for thepreceding year (20.......)
Form No. VIStatement of Registrations, Receipts and Expenditure of Registration Office in the district of for the year 20...................
Name of office Total number of documents registered in Books 1,3 and 4 Total amount of ordinary fees Total of other receipts Total receipts Total expenditure
1 2 3 4 5 6
    Rs. Rs. Rs. Rs.
Grand Total for the whole district.
Grand Total for the whole district for thepreceding year (20...)
Form No. VIIStatement showing the number, etc, in respect of raiyati holdings having occupancy transferred by registered deeds of sale in each of the Registration Offices in the district of for the year 20.....
Name of office Number Area transferred Annual rent payable to landlord Consideration money Number Area transferred Annual rent payable to landlord Consideration money Number
1 2 3 4 5 6 7 8 9 10
    Hectres Rs. P. Rs. P.   Hectres Rs. P. Rs. P.  
Grand Total for the whole district.
Grand Total for the whole district for thepreceding year (20......)
Form No. VIIIPowers of Atorney
Year of report Preceding year Increase Decrease Percentage of increase or decrease
No. Fees No. Fees No. Fees No. Fees No. Fees
  Rs.   Rs.   Rs.   Rs.   Rs.
RemarksIX . Refusals to RegistrarX - ProsecutionsStatements showing the results of Prosecutions instituted during the year 20Prosecution instituted during 20...............................Pending.............................................................Number of cases tried ..........................................Number of persons tried..................................................ResultNumber acquitted ...............................Number convicted .................................Number absconded ...............................Number pending decision ...........................Total ...........................Nature Of Charges EstablishedFalse statement ...............................False statement personation ...................................Abetment .....Forgery ...............................Fabrication of false evidence .................................Bailure to cancel adhesive Stamps (Section 63 of the Indian Stamp Act)Omission to set forth in instruments facts affection stamp duty (Section 64 of the Indian Stamp Act)Other offences under the IndianStamp Act ...............................Total...............................Nature of Punishment Inflicted on The Persons ConvictedRigorous imprisonment for years...........................Rigorous imprisonment with fine.................................Simple imprisonment for year .......................Simple imprisonment with fine ......................................Fine only..............................................................The following cases deserve special notice :Form No. XIStatement of documents impounded in each of the Registration Offices in the district of during the year 20.........
Name of office Total number of documents impounded and forwardedto the Collector during the year Number of cases pending from previous year. Number of cases in which penalty was imposed Penalty paid Number, of cases remaining pending at the closeof the year. Remarks
1 2 3 4 5 6 7
Grand total for the whole district
Grand whole district for the preceding year(20......)
Form No. XIIStatement of documents booked under Section 47-A in each of the registration offices
Name of office Number of documents pending to disposal fromprevious years. Number of documents booked Number of cases disposed (year wise) Amount of deficit Stamp duty realised. Amount of deficit fees realised Remarks
1 2 3 4 5 6 7
XIII-SearchesNote - (Showing how many are made at the Sadar Station and how many at all the rural offices taken together)XIV - Registration Under Section 39 (I)XV - Registered Deeds Discredited by Civil Courts
Name of office where the deeds were registered Number of deeds discredited
For grounds connected with registration For other grounds
     
RemarksXVI - Report On Thumb ImpressionXVII - Other Important Features, If AnyXVIII-Inspections
Name of office Inspector of Registration Offices Number of times inspected by - A.G.
District Sub-registrar District Registrar
 
N.B. - Omission and defects of inspection by District Sub-Registrars should be explained below.XIX - Percentage of Documents Registered on The day of Presentation and Following Days
Name of office Percentage of documents registered on the day ofpresentations. Percentage of documents registered on the 2ndday. Percentage of documents registered on the 3rdday. Percentage of documents registered after the 3rdday but within a week. Percentage of documents registered after a weekfrom the date of presentation. Remarks
Average
XX - Percentage of Documents Delivered on The day of Presentation and Following days
Name of office Percentage of documents delivered on the day ofpresentations. Percentage of documents delivered on the 2ndday. Percentage of documents delivered on the 3rdday. Percentage of documents delivered after the 3rdday but within a week. Percentage of documents delivered after a weekfrom the date of presentation. Remarks
Average
General Remarks on The Results of The year's AdministrationForm No. 70

XXI

Title of theBook/RegisterVol.S.R.O.20Class
Form No. 71Court Fee Register
Serial No. Document number Amount of Court fee paid Date of transmission Revenue Officer to whom transmitted Remarks
1 2 3 4 5 6
Note - 1 Date of entry should be noted in red across the columns.

2. Totaling should be struck on closing of a days entry.

Form No. 72Valuation RegisterName of Village.............
Date Documents number (sale) Area transferred Type or Kissam of land Consideration or value Signature of the Sub-registrar/ Officer-in-Charge
1 2 3 4 5 6
Form No. 73Statement with date of documents booked under Section 47 - A of the Stamp Act
Document (referred No........) Village (s) in which property is situated...... Area transferred Ac........ Type (Kissam)....... Value stated Rs....... Stamp duty paid........ Fees paid.......
Document Nos. with dates (sale instances) Name of parties Extent transferred Type (Kissam) of land Value Rs. Average price per acre as per documents vide Col.1 Estimated
Executant Claimant Value Deficit stamp duty Deficit fees
1.2.3.4.5.
Memo No dated ...............Submitted to Collector.........for favour of determination of value and realisation of deficit stamp duty.Sub-Registrar.............:.. (Signature).Form No. 74Register of documents forwarded to Collector under Section 47-A of the Stamp Act
Sl. No. Date of presentation Nature of document Name of parties Presentant Value of consideration Stamp affixed
Executant Claimant
1 2 3 4 5 6 7 8
 
Fees paid Date of admission Document Date of sending to Collector Estimated by S.R.
No. Vol. Value Stamp duty Fees
9 10 11 12 13 14 15 16
 
Date of return from collector Determined and realised Date of notice to party for return Date of return of the document Remarks
Value Stamp duty Fees
17 18 19 20 21 22 23
 
Appendix-IIEndorsementsForm No. 1(See Rule 27)Endorsement of the certificate of admissibilityAdmissible under Rule 25: duly stamped under the Indian Stamp (OrissaAmendment) Act, 1970 Schedule l-A No and Schedule II (....................) of the Orissa Additional Stamp Duty Act, 1970 exempted from does not require Stamp Duty. Fees paid.Registering OfficerNote-(a) In case of wills the words "and Section 27" shall be added after the figure 25 in the first line of the above form of endorsement, and when a deed is excessively stamped the word "excessively" should be substituted for the word "duly' in the first line of the above form of endorsement.
(b)In the case of copies of decrees the words "duly stamped under Article 7, Schedule I of the Court-fees Act", should be substituted for the stamp certificate after the words 'Rule 25" in the above form of endorsement.
Form No. 2(See Rule 29)Endorsement under Section 52Presented for registration in the office of the Sub-Registrar ..........between the hours of..........and.................on the ...........day of.......20 by A.B.S./O.C.D. of.P.S..District....by profession...........'.. executant/claimant/agent/representative/assignee.Signature of A. B. (Presentant)Signature of Registering OfficerNote - (a) When a document is presented for registration at the private resident, the words "at the private residence of in village (or at No..............Street/Road) shall be substituted for the words "in the office of the Sub-Registrar of."
(b)In the case of documents executed by Courts or office of Government, who was exempted from personal appearance in registration offices, under Section 88 of the Act, the additional words 'vide his letter No .......... dated........................" shall be added after the word 'profession.' (Father's name being left blank.)
Form No. 3(See Note 7 under Section 34)The document was read over and explained to the lady executant by me (or in my presence) the execution of which she admitted.Signature of the identifierForm No. 4(See Note under Section 35)I know this Paradanashin lady examined behind Pardah for purposes of registration of this document. She is aged..............years according to my knowledge.Signature of witnessForm No. 5(See Rules 51 and 54)Endorsement on issue of CommissionA commission is hereby issued under Section 33, Sub-section (3) or Section 38, Sub-section (2) of the Registration Act, 1908 (XIV of 1908), to (name and designation of the officer), for the purpose of inquiring whether this power of attorney (or document) has been executed by A. B S/O.C.D. of by whom it purports to have been executed.Signature of the Registering OfficerForm No. 6(See Rules 51 and 54)Endorsement on Commission to a Registrar (Sub-Registrar) of another districtA commission is hereby issued under Section 33, Sub-section (3) [or . Section 38, Sub-section (2) of the Registration Act, 1908 (XVI of 1908), to the Registrar] (or the Sub-Registrar) of for causing the examination of A. B., son of C.D. of for the purpose of ascertaining whether this power (or document) has been executed by him as it purports to have been executed.Signature of Registering OfficerForm No. 7(See Rules 52 and 54)Endorsement by Registering Officer under Section 38(2) or Commissioner under Section 33(3) or 38(2)Having visited the residence of A. B...........S/O.............C.D. at ........... I have this day examined the said A. B. who is personally known to me or who has been identified to my satisfaction by, E.F., S/O. (G.H.) of and the said A.B. admitted (or denied the execution of this power (or document).Full signature and thumb impression of executantNote -When any payment of money or delivery of goods made or receipt of consideration money is acknowledged, the following clause shall be added -The sum of Rupees................is paid/ the following article is delivered in my presence.The receipt of Rupees ............as consideration money is admitted by the above A.B.
Signature or    
Payer Payee Signature of the Commissioner
Form No. 8(See Rule 52)Endorsement of Registering Officer on receipt of Commissioner's report:
(a)In case of commission under Section 33 (3).
(a)From the above report I am (or am not) satisfied that this power has been voluntarily executed by the said A.B. and I accordingly authenticate it under Section 33 Act, XVI of 1908 and record it as No..................for 20.....(or, refuse to authenticate it).
Registering Officer
(b)In case of commissions under Section 38(2). From the above report I am (or am not) satisfied that this document has been executed by the said A. S3, and I accordingly admit it to registration (or refuse its registration).
Registering OfficerForm No. 9(See Rule 54)

1. Endorsement on authentication of power-of-attorney

(a)When the principal appears at the registration office:
Executed in my presence on the.............day of...........20.... by A.B., son of C.D. of...........by profession who is personally known to me (or whose identity was proved by the testimony of E. F., S/o.G.H. of ); and I, accordingly authenticate it under Section 33, Act. XVI of 1908, and record it as No..............for 20....Full Signature and thumb impression of witnessSeal and signature of Registering Officer Date .........
(b)When the principal is exempt from having visited and examined this day A.B..........S/O.W/O :............. C.D. of............by profession the principal at his (her) private resident at who is personally known to me or whose identity was proved by the testimony of E.F.............S/O. G.H........... of............by profession. I am satisfied that this power-of-attorney has been voluntarily executed by him (her); and I accordingly authenticate it under Section 33 of the Act, and record it as No................................for 20....
(c)Having visited and examined this day A.B....................S/o., W/o............of.............by profession at his (her) private residence at............I am not satisfied that this power-of-attorney has been voluntarily executed by him or her (or I am of opinion that the principal is a minor of the above years, or an idiot or a lunatic), and I accordingly refuse to authenticate it.
(d)Endorsement on a special power-of-attorney.
(See Rule 56)Presented this day in connection with the registration of document bearing No.............Seal and Signature of Registering Officer.Date ...........

2. Endorsement on an application revoking a power-of-attorney.

Presented this application before me on..................day of.......................

20.

..... by..........S/o., VV/o..........of............PS..........................Dist......by profession.............praying for the total/partial revocation as he/she is concerned as principal, for reasons stated in this application, -of the power-of-attorney alleged to have been executed by the applicant himself/herself in favour of ............ S/o.............P.S..............Dist............and the same authenticated in this office on the.................day of............20.................as No..............and the said applicant has been identified to my satisfaction by..............S/o............of.............by profession ......Registering OfficerForm No. 10[See Rules 65, 72 (3)](a)The witnesses whose signatures are affixed below have been examined under Clause (2) of Section 41/Clause (c) of Section 34 of the Registration Act, 1908, in reference to the document.
A.B.  
C.D. Witnesses  
Date Signature of Registering Officer
[See Rules 65 and 72 (4)](b)I am satisfied from the evidence of the witnesses whose signatures appear above (a) that the document/will (or authority to adopt) was executed by..............S/o........... of...........the testator (or donor) (b) is dead; and (c) that........S/o.........of....................... presentant is entitled to present it under Section 32/40, Act XVI of 1908 and I accordingly admit it to registration under Sections 35/41 of the Act.DateSignature of Registering OfficerForm No. 11[See Rule 79 (1)]Endorsement on a sealed cover presented for deposit under Section 42Presented for deposit at A.M. on the day of..........20 at the office of the.............(or elsewhere) by A.B. S/o. C.D of.........by profession .............testator (or agent for............testator under a power-of-attorney No...............of 20 etc.) who is personally known to me or who has been identified to my satisfaction by E.F...........S/o.......... G.H., resident of...........This cover has been sealed in................ places, the inscription on the seals being.............A.P. (Testator) C.D (agent) E.F. (Identifier).RegistrarForm No. 12[See Rules 82 (1)]Endorsement on opening a sealed cover under Section 45
(1)Having satisfied myself that the testator hereof is dead, the sealed cover containing this will is opened on the application and in the presence of A.B. S/o. C.D. of this...................day the...........of.......20.....Signature of RegistrarH.B.Signature
(2)Endorsement on opening a sealed cover under Section 46 of the Act.[See Rule 82 (2)]Removed from the sealed cover pursuant to the order No................. dated..............of the Court of.........this will is registered as No..... in Book-3 Vol................Page.......... to and forwarded to the said Court.Signature of the RegistrarForm No. 13(See Rule 124)Endorsement under Section 58Execution is admitted by the above A.B identified by C.D, S/o.G.H. of ............by profession...........Signature and thumb impression of A.B.Signature and thumb impression of C.D.,Note - (1) When execution is admitted by an agent the following words shall be added :'Agent for (K.L.) under a power-of-attorney (No............for 20...................) authenticated by registering officer of.........
(2)When the executant or his agent is personally known to the registering officer, the words 'personally known to me' should be substituted for the identification clause.
(3)When the executant is admitted by the representative of a deceased person the following words shall be added :Representative for K.L. whose right to appear in such capacity has been proved to my satisfaction.
(4)When any payment of money or delivery of goods is made the following clause shall be added :
(a)The sum of Rupees.................is paid in my presence.
The following article is delivered in my presence.
(b)When any payment of receipt of consideration money is acknowledged, the following clause shall be added : *
The receipt of Rupees................as consideration money is admitted of the above A.B.Signature of -Payer PayeeSignature of the Registering OfficerForm No. 14(See Rule 126)Endorsement of certificate of registration under Section 60Registered in.............Book No..............Volume No............Pages..........to.........being No ..........for the year.........
(Seal)Registering Officer Date
Form No. 15(See Rule 158 and note under Rule 126)Endorsement of Registration under Sections 72, 75 and 77Registered under Section 72/75/77, Act XVI of 1908, by order of the Registrar or Sub-Registrar of.......... dated .......... in case No.......... of 20 and entered in Book No................Volume No..........pages........... to ......... as No.......... for the year.........Registering Officer DateAppendix-IIIPreservation of RecordsRecords to be preserved Permanently

1. Abolition of office

2. Acquaintance Roll

3. Annual Administration Report

4. Building cases

5. Circular and general letters of Inspector-General of Registration

6. Circular and general letters of Government and A.G

7. Circular and general letters of District Registrar

8. Damage of Records

9. Deposition Book

10. Destruction of list of old records and unclaimed documents with orders sanctioning and report of destruction.

11. Establishment-Permanent paper in connection with sanction or alternation of cadre, pay, etc.

12. File of appeal orders and Judgements circulars and general letters

13. History of office

14. Index - I, II, III and IV

15. Index register of correspondence (Register's Office)

16. Instructions or reference on points of law or procedure, stamp duty and Registration fees.

17. Jurisdiction cases

18. Ledger of detailed examination of Register-books

19. List of villages

20. Location of office or change of headquarters

21. Memoranda of documents

22. Opening of new offices

23. Orders and sanctions of a permanent Character

24. Orders of Government and of the Accountant-General of important and permanent nature

25. Printed Annual Reports

26. Qazis records under Registration XXXIV of 1973

27. Record room register for appeal cases

28. Register books 1, 3 and 4 and File books (translations and copies filed)

29. Register books of documents and their indexes kept prior to Act XVI of 1864

30. Register of unclaimed documents belonging to Government.

31. Register Book No. 5

32. Register of Records

33. Register of Wills transferred to Sadar offices from Mutfasal Sub-Registry Offices

34. Register of letters received

35. Register of letters issued

36. Stock book of furniture and other durable articles/inventory of furniture and stores

37. Transfer of records

Records to be preserved for 50 years

1. Application for revocation of powers-of-attorney

2. Order books

3. Register of power-of-attorney

4. Register of Revocation of power-of-attorney

5. Register of Thumb impression

Records to be preserved for 35 years

1. Appointment and confirmation cases

2. Appeals of important nature

3. General files and notifications about transfers, appointment etc.

4. Cases of suspension

5. Minute Book

6. Records of enquiry in connection with presentation of documents and wills after the death of the executant or testator referred to in Rules 65 and 72.

7. Register of preparation and examination of indexes

Records to be preserved for 12 years

1. Annual reports of Districts and Sub-districts

2. Annual statements

3. Cash Book

4. Contingent Register

5. Default Register

6. Fee Book

7. File of applications for general searches and copies of encumbrance certificate

8. Inspection Reports

9. Register of appeals and applications under Sections 72 and 73

10. Register Book No. 2

11. Register of security bonds

12. Register showing Registrations receipts and expenditure

13. Register of documents forwarded under Section 47-A of the I. P. Act.

14. Register of forms

15. Register of copyist

16. Register of Money-Lenders

17. Service Books of officers who have been dismissed and removed

18. Theft cases

Records to be preserved for 6 years

1. Budget files

2. Court Fee Register

3. Extra establishment cases including extra bills

4. Register of applications tor search and copy

5. Register of casual leave

6. Register of Assembly Questions

7. Service Books of officers dead or retired

8. Stock Book of stationery articles

Records to be preserved for 3 years

1. Applications for the post of clerks and peons

2. Applications for issue of summons, and copies of summons with service returns

3. Acknowledgment of copies and memoranda

4. Application for search and copy and for visit and commissions

5. Attendance Register

6. Chalans

7. Charge reports

8. Contingent vouchers

9. Copies of bills

10. Copies of monthly returns and reports

11. Complaints of minor nature

12. Daily notice

13. Dairies of Sub-Registrar including District Sub-Registrar

14. Indents

15. Invoice

16. Leave cases

17. Petitions and protest

18. Peon Book, list of unregistered documents, night-watchman's hand book and other important register.

19. Periodical returns book (in Sub-Registration Offices)

20. Receipt Book, under Section 52

21. Receipt for copies and memoranda

22. Receipt for search, inspection and copy

23. Receipt for visit and commission

24. Receipt for miscellaneous nature

25. Register of documents pending registration

26. Register of copies and memoranda, dispatched to other offices

27. Register of copies, memoranda and sale certificates, etc. received from other offices and Courts

28. Register of visits and Commission

29. Register of unclaimed documents

30. Register of Refunds

31. Register of applications under Sections 25 and 34

32. Register of forms received, issued and in stock

33. Record-Keeper's issue register

34. Receipt for attendance at private residence

35. Register for applications for search and copy

36. Register of ministerial officers outturn

37. Register for application for process

38. List of refunds to be written off

39. Applications for entertainment of extra establishment

40. Weekly statements of progress of work, etc.

41. Application for sanction of the payment of extra establishment

42. Returns and statements monthly and quarterly . 43. Statement of remittances

Appendix-IVList of Standard Collections of Correspondence for Sadar Registration OfficesI. Appointment (Appointment, Confirmation, Promotion. Retirement)II. Appeals and Applications, (Sections 72 & 73)III. Advance (Cyclone, G.P.F., Pay, T.E., Festival)IV. Assembly QuestionsV. Audit (Inspection Reports & Objections)VI. Building (Construction, Repair, Electrification & Sanitary installations)VII. BudgetVIII. Change of incumbency (Change Reports)IX. Complaints (Allegations, etc.)X. ContingenciesXI. ConfidentialXII. Copies, Memo, sage Certificates and loan ordersXIII. Deed writers LicenceXIV. Establishment (Permanent/Temporary/Creation of new office)XV. Forms (Indents, etc.)XVI. FurnitureXVII. HolidaysXVIII. inspectionXIX. Impounding of Documents (Sections 33 and 47-A)XX. Leave (Casual/Earned etc.)XXI. MarriageXXII. MiscellaneousXXIII. Personal FilesXXIV. PensionsXXV. Proceedings & ProsecutionsXXVI. Provident fundXXVII. Process & summonsXXVIII. Reports & ReturnsXXIX. Record & Record book (Destruction of records and document)XXX. RegistrationXXXI. RefundsXXXII. Rent, Rate & TaxesXXXIII. Service LabelsXXXIV. Search, Inspections, Copies (Single entry search, G. S. Encumbrance Certificate)XXXV. StationeryXXXVI. Security BondsXXXVII. Seal & StampsXXXVIII. Salary Bills & Allowances (Fixation of Pay, Increments, L.P.C. Reimbursement)XXXIX. T.E. & Tour Programme XL. TransferXLI. Visit and Commission XLII. WillsP.S. - The list is just a model illustration. There may be further addition or omission judging the actual necessity.[Substituted vide Orissa Gazette Extraordinary No. 539 dated 17.4.2009]