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State of Rajasthan - Act

Rajasthan Registration Rules, 1955

RAJASTHAN
India

Rajasthan Registration Rules, 1955

Rule RAJASTHAN-REGISTRATION-RULES-1955 of 1955

  • Published on 15 February 1995
  • Commenced on 15 February 1995
  • [This is the version of this document from 15 February 1995.]
  • [Note: The original publication document is not available and this content could not be verified.]
Rajasthan Registration Rules, 1955Published vide Notification No. F. 49(1) SR/53, dated 15-2-1995 published in Rajasthan Gazette, Part 4-C, dated 14-1-1956.As amended subsequently by the following: -Notification dated 22-3-1966, Published in R.G.G. Part IV-C, dated 23-3-1966;Notification dated 18-9-1972. Published in R.G.G. Part IV-C, dated 21-12-1972;Notification Published in R.G.G. Part IV-C, dated 29-4-1976, p.94;In exercise of the powers conferred by sub-section (2) of section 69 of the Indian Registration Act, 1908 (Central Act No. XVI of 1908), the Government of Rajasthan is pleased to approve and publish the following Rules made by the Inspector General of Registration for Rajasthan, in exercise of the power conferred on him by sub-section (1) of the said section of the said Act.Volume I

Part I – Preliminary

1. Short title.

- These rules may be called the Rajasthan Registration Rules, 1955.

2. Commencement.

- These rules shall come into force at once.[3. Extent and Repeal. - These rules shall extend to the whole of the State of Rajasthan and all rules corresponding to these rules in force in the Abu, Ajmer and Sunel area shall stand repealed.] [Notification dated 8-9-1958, Published in R.G.G. Part IV-C, dated 9-10-1958;]

4. Interpretation.

- Unless the context otherwise requires, the General Clauses Act, 1897, of the Central Legislature shall apply to the interpretation of these rules in the same manner as it applies to the interpretation of a Central Act.

5. Definitions.

- In these rules, unless there is anything repugnant in the subject or context:-I. "the Act" means the Indian Registration Act, 1908 (No. XVI of 1908):II. "Appendix" means an appendix to these rules;III. "Form" means a form in Appendices to these rules;IV. "Registering Officer" includes both a Registrar and a Sub-Registrar appointed under the Act;V. "Registration Office" includes both a Registrar's Office and a Sub-Registrar's Office;VI. "Rule" means a rule made under the Act; andVII. "Section" means a section of the Act.

Part II – Custody, Preservation and destruction of records

6. Responsibility for preservation and safe custody of records.

- Registering Officers are responsible for the preservation and safe custody of all registration records including those of previous years which have accumulated in their offices or have been transferred thereto.

7. Supply of strong boxes or almirah to Registering Officers.

- The Offices of all Registering Officers shall be supplied with one or more strong tin-lined boxes or Almirahs or other receptacles secured by locks of approved pattern. In these boxes the registration books and all the papers and documents connected therewith shall be kept, and no money or valuables of any kind shall be deposited therein. The box or Almirahs shall, as far as possible, be placed in the room where the Registering Officer transacts his public business and shall be opened and closed by that officer himself or in his presence. When locked, the key shall be retained in his own possession. The duplicate keys of the locks supplied to Sub-Registrars shall remain in the custody of the District Registrar of the district who will label each with the name of the office to which it belongs and deposit it in his iron safe. (In some safe place).

8. Removal of record from office.

- Registration officials are strictly forbidden to remove any registers, indexes, books or records (other than books 8th and receipt book when registration takes place at a private residence) from their offices for any purpose whatever except with the sanction in writing of the District Registrar. All registration records should be kept in the receptacles provided for them when not in use, and should on no account be taken to the private quarters of any official:[Provided that any register, index book or record as maintained herein above may be taken out of the office where it is kept, for the purposes of getting photostat copies as and when required to be submitted in any court or office or to be issued to a person when such submission or issue is permissible under the rules :Provided further that it shall be joint responsibility of the Sub-Registrar or District Registrar or Officer Incharge of the Central Record Room or any other respective officer under whose jurisdiction such registers, index books or records are being kept and the official taking out such records, to ensure that such a removal shall not cause any loss, damage or tempering therein and shall be returned to its place after the need full as above:Provided further that the actual charges of photostat copies shall be borne by the applicant if any and as such no copying fee shall be charged from a person as mentioned in article VII of Schedule 1, published by the Government vide notification No. F.2(13)FD/Gr.IV/85-1 dated 28-3-86. The stamp duty and application fee shall however be payable as provided under the rules.] [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;]

9. Examination of record.

- To prevent injury occurring to the records by damp, white ants etc., the contents of the Almirahs or boxes should be thoroughly examined once a month. Should any injury happen to any of the records, whether by white ants, fire or otherwise, or should any of them be lost, an immediate report should be made to the Inspector General by the Registrar of the District who should record at the same time his opinion as to whether any one, and if so, who is to blame, and as to the measures to be taken to repair the injury or loss, so far as may be possible.

10. Fire-proof safe for custody of wills etc.

- (i) The District Registrar of every district will be supplied with a fire-proof safe. In this safe shall be kept Wills in sealed covers, and authorities to adopt which may have been deposited under any previous law. Wills in sealed covers which have been deposited or may be presented for deposit under section 43, and Wills which have been or may be opened under section 45 of the Act. It shall not be used for any other purpose whatever. The key of the safe shall remain in the personal custody of the District Registrar who alone shall open and close it. The duplicate key shall be deposited in some secure place. The safe should be placed where it cannot be effected by damp and it shall be opened and examined at least once a month, with a view to ascertaining that its contents, if any, are correct and in good condition, and that the lock is in order.
(ii)If any Will through age or damp has been subjected to such decomposition that it appears likely to become useless, the depositor or his legal representative, if the depositor is dead, should be called upon to replace it and informed that, unless he does so, it will be destroyed when no longer legible. Such destruction should be carried out in the presence of the District Registrar who should record a note thereof in his own hand writing in the register.
(iii)When several Wills are kept together arranged one above the other, the seals are apt to wear out and the inscription thereon to become effaced owing to constant contact. It has also been observed that in some cases, the inscription on the seals fade with the advance of years. In order, therefore, to prevent damage, such covers should, before they are deposited in the safe, be placed in outer transparent covers with eyeletted flaps and a string should be passed through the eyelets and tied and sealed with the Registrar's private seal. The outer cover should not be opened unless there is a permanent change in the personal of the Registrar or unless an occasion arises for the opening of the inner-sealed cover for its removal to court.

11. No need for verification of existence of testators.

- It is not incumbent on the District Registrars to verify from time to time the existence of testators whose Will have been deposited with them for safe custody. All depositors of wills should, therefore, be informed that no steps will be taken by Government to ascertain when they die, and to communicate after death with the beneficiaries.Central records office[12. Office record in each circle. - The Office of the Inspector of Registration and Stamps of each circle shall be a central office of record under the charge of the Inspector and the Registers of all Registration offices in the circle which are to be preserved in perpetuity shall be transferred to it, from time to time, unless it is considered convenient to keep the records at the district headquarters under the charge of the District Registrar.] [Notification dated 19-10-1978, Published in R.G.G. Part IV-C, dated 9-11-1978, p. 315;]

13. Catalogue of Registers and Books etc.

- A catalogue shall be kept up in every registration office in Form No. 18 in Appendix 1. Only permanent records shall be entered.

14. Record to be permanently preserved.

- The following records shall be permanently preserved:-
(1)All register books and indexes prescribed by any previous law.
(2)All register books and their indexes, translations and true copies filed and books containing abstract of authenticated powers of attorney prescribed by the Act.
(3)Register of powers of attorney authenticated.
(4)Authenticated special powers of attorney under which documents have been registered.
(5)Catalogues.
(6)List of records destroyed.

15. Transfer of records to central office of record.

- At the commencement of every calendar year such of the following books and indexes as are completely filled up and in which the last entry dates back over 5 years, shall be transferred to the central office of record.
(1)Register books No. I to V prescribed by the Act and register book No. VI.
(2)File books.
(3)File books of special powers of attorney under which documents have been registered.
(4)Indexes No. I, II, III and IV. The indexes shall not, however, be so transferred unless the register book to which they relate, have been transferred.

16. Transfer of records how made.

- All records transferred to the central office of record shall be accompanied by an invoice in duplicate in Form No. 8, appendix III. One copy of the invoice shall, after careful verification, be receipted and returned to the office from which it was received with as little delay as possible. Dispatching officers, will be responsible for seeing that the records are securely packed before despatch, and every precaution is taken to guard against their loss or damage in transit.

17. Special record room.

- The central office of record shall be provided, where possible, with a special-record-room for registration records, fitted with racks and presses or strong steel almirahs fastened by secure locks.

18. Supervision of central office.

- When the Inspector is absent from the headquarters, on tour or otherwise, the Sub-Registrar shall hold the charge of the central records. Where the central office of records is under the charge of the District Registrar, he may, at his discretion, place the office directly under the charge of the Sub-Registrar.

19. Catalogues to be signed on changes of personnel.

- Whenever there is a change of registering officer or of registration clerks, the catalogue of permanent records shall be signed by the relieved and relieving registering officers or clerks, as the case may be.

20. Production of books and registers in Courts.

- Sub-Registrars are strictly prohibited from producing the registers or books of their offices in courts on their own authority. When a Sub-Registrar receives an order or summons direct from a court for the production of registers or books of his office, he should return it with an endorsement that he has no power to produce the registers or books without the authority of the District Registrar, and that if the court requires the registers or books, the order or summons should be addressed direct to the District Registrar. The District Registrar receiving such summons or order may permit the production of original records, but he should ordinarily refuse to do so in the exercise of his discretion under sections 123 and 124 of the Indian Evidence Act, 1872. A Government servant who is to attend a court as a witness with official documents should, where permission under section 123 of the Indian Evidence Act, 1872 has been withheld, be given an order duly signed by the District Registrar in the following form. He should produce the certificate when called upon to give his evidence and should explain that he is not at liberty to produce the registers before the court or to give evidence desired from them. He should however take with him the registers which he has been summoned to produce.OrderSummons from the court of........for the production of.......of registers No..........Volume of 19 relating to the District Registrars/Sub-Registrar's office.(a)I direct..............to appear with the registers mentioned in the summons and to claim privilege for them under section 123 of the Indian Evidence Act, 1872.(b)I withheld permission to give any evidence desired from the registers for which privilege is claimed under this order.Dated the..........District Registrar
(2)If the summons relates to any records deposited in the central office of records under the charge of the Inspector of Registration, the instructions contained in Sub-rule (1) will be followed by him.

21. Miscellaneous records.

- The following miscellaneous records shall be classified and arranged as follows:-
(1)Powers of attorney authenticated under section 33 presented by agents bringing documents for registration. If the document is presented for registration under a special power of attorney, the power shall be retained and pasted into a file book in the office with the following endorsement.No...........of 19.....presented with document No..........of 19.....of book No............Volume.........Sub-RegistrarDated.............SealIf the document is presented for registration under a general power of attorney, the power shall be returned with the following endorsement. Presented with document No...........of 19...book No.........Volume...............Dated.............SealSub-Registrar
(2)Copies of decrees of Court ordering cancellation of registered documents received under section 39 of the Specific Relief Act, and copies of decrees of court directing registration of documents under section 77 of the Indian Registration Act, to be kept in annual bundles.
(3)Depositions of witnesses examined by Registering Officers, to be kept in annual bundles.
(4)Miscellaneous papers of an ephemeral character (e.g.) applications for summoning executants or witnesses, for issue of Commissions and the reports of Commissioners and for copies of reasons for refusal to register to be classified and kept in annual bundles.
(5)Applications for copies of registered documents shall also be kept in annual bundles. An Index shall be attached to this bundle specifying (a) a serial number for the year (b) date of application (c) amount of fees realised (d) date of grant of copy and (e) name of applicant.On the receipt of an application for a copy, columns (a), (b) and (e) will be filled in and the serial number endorsed on the application. After the copy has been given to the applicant, columns (c) and (d) will be filled in and the application filed in its proper place.

22. Custody of unclaimed documents.

(1)All documents other than those deposited under section 42 and 43, which remain unclaimed in the District Registrar's Office or in the Sub-Registrar's Office or are returned undelivered by post after they have been registered or after registration has been refused, shall, after the expiry of one month from the date of registration or refusal or return by post, as the case may be, be entered in the register of unclaimed documents (Form No. 15, App. III). A list of unclaimed documents in Form No. 16, App. III, shall be exposed to public view in each office.
(2)A document which has been entered in the register of unclaimed documents will thereafter not be returned until a fee at the rate prescribed by Article XIII. sub-clause (1) of the Table of fees prepared and published by the Government of Rajasthan is paid by the person whom he may have nominated to received it.
(3)In the Sub-Registrar's Office if the document be not claimed within three months from the date of registration or refusal or return by post, as the case may be. it shall be sent to the District Registrar's Office for safe custody in his fire-proof safe within a week. The District Registrar on receipt of these documents shall also enter them in the register of unclaimed documents of his office and they will be surrendered only after payment of the fees prescribed.
(4)All unclaimed documents forwarded by the Sub-Registrar for safe custody in the District Registrar's fire-proof safe shall be accompanied by an invoice in duplicate in Form No.6, Appendix III. One copy of the invoice shall after careful verification be receipted and returned to the office from which received with as little delay as possible.

23. Destruction of useless records and papers.

- Each Sub-Registrar and the clerk dealing with registration of documents in the District Registrar's Office shall, as soon as possible, after the close of each calendar year submit to the District Registrar a list in Form No. 7 App. III containing proposals, for the destruction of records and papers which in accordance with the instructions contained in Appendix VI need no longer be preserved. The District Registrar, after examining the list, shall pass orders for destruction of such records and papers as he may consider necessary. As soon as sanction is received, the records and papers will be destroyed and certificate records at the foot of the list that they have been effectually destroyed. This list shall then be permanently preserved. It must be distinctly understood that no books, records, or other papers, whatever, shall be destroyed without the previous sanction in writing of the District Registrar.

24. Destruction of unclaimed documents.

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

Part III – Register Books, Subsidiary Books and Indexes

25. Registers.

- In the office of every District Registrar and Sub-Registrar, the following Registers shall be maintained:-
AdditionalFile Book No. 1
Book No. 1
Book No. 1
Book No. 2
Book No. 3
Book No. 4
Additional Book No. 4
Book No. 6
Book No. 7
Book No. 8
Each District Registrar must also keep an additional register called Book No. 5.

26. Books.

- The books shall consist of printed forms, containing the headings herein after described, and paged consecutively, bound in volumes of convenient size, the number of pages in each volume being certified on the title page. These volumes shall be numbered consecutively (a separate sgries for each book) and the numbers shall not terminate with the year, but shall run on perpetually. Every Registering Officer, on receiving such a volume, shall immediately examine it to see that it contains the certified number of pages and that these have been numbered in proper consecutive order. He shall note the result on the title page in the following form:-"This book contains...............pages consecutively numbered".

27. Certificate of examination.

- When a volume is filled up and at the end of each calendar year (at whatever point in a volume this may occur), the registering officer shall certify after the last entry in the volume or of the year, as the case may be, the number of entries made in that volume, during the current calendar year and the number of pages on which they are written. He shall also examine those entries and note in his certificate any errors or defects that he may discover and any accidental omission to make entries on any of the pages dealt with by the certificate. If in any current volume no entry is made in any calendar year, the registering officer shall enter a certificate to that effect in that volume.

28. Consecutive numbers to be by the year.

- The consecutive numbers of entries in each book prescribed in section 53 shall commence and terminate with the calendar year.

29. Concurrent volumes of same register.

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

30. Certificate as to figures and amounts in documents.

(1)In order to guard mistakes and alterations in the figures used in documents, the registering officer shall in case where the figures are not also expressed in words in the body of the document, sign a certificate in the following form on the back of the document, using words and not figures. "Certified that in the tenth line figures expressing five biswas and in the fifteenth line figures expressing one thousand rupees, etc., etc. occur". All figures, whether ordinary or 'rakam' used in documents which are not also expressed in words in the body of the documents should be included in the certificates. If they are also expressed in words in the document itself, no certificate is required.
(2)This rule does not apply to the khasra numbers of fields nor to the Mohalla numbers of houses.Book No. 1

31. Book No. 1.

- Book No. 1 is the register of Non-testamentary documents relating to immovable property as defined in the Act. In this book shall be entered all documents registered under sections 17 and 18 which relate to immovable property and are not wills. It is open to public inspection and copies of entries in it shall be given to all persons applying for them on payment of the prescribed fees. It shall contain the headings prescribed in Form No. 1 (Appendix I).

32. References to previous registration.

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

33. Additional Book No. 1.

- [X X X] [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;].

34. File Book No. 1.

(1)Besides the ordinary' entries in book No. 1. the Act required that the following documents shall be filled in book No. 1.
(a)Copies and memoranda of documents received from other registering officers (for the purposes of Sections 64. 65, 66 and 67 of the Act).
(b)Copies of certificates of sales granted by courts under the Code of Civil Procedure or by Revenue Officers in regard to immovable property sold by public auction (section 89).
(c)Copies of maps or plan presented with manuscript or typed documents [under section 21 (c).]
(d)Translation and copies of documents in foreign languages presented under section 19 and 62.
(2)To prevent injury to the building and the disturbance of paging which would result if these documents were filled in the bound volumes, a separate book to be called File-book No. 1 shall be kept in each registration office and in it shall be pasted the documents and copies of maps and plans translations mentioned above.
(3)As regards the copies of maps or plans and the translations and copies of foreign documents filed in this book it will be sufficient to note thereon the registration number and date of registration of the document to which they appertain and,the volume and page where the entry will be found. But all other copies and memoranda filed in this book shall be numbered in the manner laid down in rule 35 below and the necessary particulars given of them in indexes No. I and II. All documents should be passed into it immediately on receipt, otherwise there is danger of their being lost or injured. It must be remembered that this file book is a part and parcel of book No. 1 and is only maintained as a separate volume to prevent the injury to the building of book No. 1.

35. Numbering of pages filed in File Book No. 1.

- Copies and memoranda pasted into the file volumes of register book No. 1 shall be entered in the consecutive numberical series of that register according to the date of receipt, for example, a document having been entered in register book No. 1 as No. 457, a copy received shall be pasted in the file volume of that register and receive the No. 458, and if before another copy is received a document is entered in register book No. 1, it shall be numbered 459. The numbering of the copies pasted in the file book No. 1, shall be consecutively marked at the top and the document numbers with volumes and pages of the file book noted in red ink on the heading of the page in book No. I on which the next serial number is entered. The file book is merely an additional volume of book No. 1 and must be paged in exactly the same way i.e. each side of each leaf must be treated as a page and numbered consecutively in hold figures at the top outer corner, each leaf being considered as two pages as in the case of book No. 1 itself.On each copy and memorandum entered in the file book should be conspicuously noted the page and volume of register book No. 1 of the consecutive series in which the copy or memorandum is entered and below the line should be given the page and volume of the file book also e.g. "Registered as No. 500 in Book 1" Volume 10 on pages 20 & 21/file book I volume II, on page 60. The indexing should similarly be made with reference at pages and volume of both the register. The file book will be a bound containing blank butts.

36. File Books subsidiary to Book Nos. III and IV.

- It sometimes happens that translations and copies are filed under section 62 in the case of documents in foreign languages registered in books Nos. III & IV. If such translations and copies are few in number, they may be pasted into the register book to which they relate. But if they are at all numerous, it is in the discretion of the registering officer to open file books subsidiary to books III and IV, as the case may be.Book No. II

37. Book No. II.

- Book No. II is the register for the record of reasons for refusal to register. It is also open to public inspection and copies in it shall be given to all persons applying for them. In the event of the applicants being persons executing or claiming under the document registration of which has been refused or their representatives or agents, the copy shall be given free of charge (for copying) but the copy must be stamped. The practice which sometimes prevails of copying the registered documents into this book in extenso is unnecessary and erroneous. The reasons for refusal should however without being prolix be sufficiently full to enable an appellate or inspecting officer to judge of their sufficiency but they need not contain a summary of any evidence which the registering officer may have taken; such evidence should be recorded on separate sheets of paper arM filed in the office. When a document, the registration of which, was originally refused, is subsequently registered by order of a District Registrar under section 72 or 75 or of a Civil Court under section 77, a note of such order shall be made in this register opposite the original record of refusal. When a registering officer refuses to register a document solely on the ground of want of jurisdiction, he shall hand it back to the person presenting it in the manner described in rule 93. without recording an order of refusal either on the document or in this book.

38. Discretional registration by District Registrar.

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

39. Registering Officers not concerned with validity of documents.

- Registering Officers should bear in mind that they are in no way concerned with the validity of documents to them for registration and that it would be wrong for them to refuse to register on any such grounds as under:-
(1)that the executant was dealing with property not belonging to him:[Provided that the registering officer shall not register the document unless he is satisfied himself that the property does not belong to the Government or any local body.] [Notification dated 10-1-1990, Published in R.G.G. Part IV-C, dated 24-1-1991, p. 94;]
(2)that the instrument infringed the rights of third persons not parties to the transaction:
(3)that the transaction was fraudulent [ X X X ] [Notification dated 10-1-1990, Published in R.G.G. Part IV-C, dated 24-1-1991, p. 94;].
(4)that the executant had not agreed to certain conditions of the document:
(5)that the executant was not acquainted with the conditions of the document:
(6)that the executant declared that he had been deceived into executing: and
(7)that the executant is blind and cannot count.These and such like are matters for decision, if necessary, by competent courts of law, and registering officers, as such, have nothing to do with them. If the document be presented in a proper manner, by a competent person, at the proper office, within the time allowed by law, and if the registering officer be satisfied that the alleged executant is the person he represents himself to be, and if such person admits execution, the registering officer is bound to register the document without regard to its possible effects. But the registering officer shall make a note of such objections of the kinds mentioned in grounds (1) to (7) above, as may be brought to his notice in the endorsement required by section 58.

40. Denial of receipt of considerations.

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

41. Unwillingness to register.

- If, after the presentation of a document for registration, the executant thereof does not appear, and the presenter neglects or refuses to enforce his attendance under Part VII of the Act, document may be returned if claimed back. In case it is not claimed back, the refusal to register should be recorded after the four months limit prescribed in section 34 has expired and the document is to be sent to the District Registrar for safe custody under rule 22.

42. Registration to be completed necessarily.

(1)If the executant appears and admits execution and his identity is established, the registration should be completed even though one or both of the parties may, after this stage, desire to withdraw the document from registration. If after admission of execution the executant refuses or neglects to sign the endorsement, the registering officer should note this refusal as prescribed in section 58 of the Act.
(2)If after admission of execution and the necessary identification of the parties, the presenter (irrespective of the executants action refuses to proceed or to sign the endorsement, the registration should never the less be completed and a note of the refusal to sign endorsed on the document. The document, if not claimed, should be kept for on£ month under rule 22 and then sent to the District Registrar.

43. Denial as to receipt of consideration.

- The case, of-simple denial of receipt of consideration is met by rule 40. If the document is not claimed by the person who presented it, or some one authorised by him to receive it (Section 61) it should be retained for one month under rule 22 and then sent to the District Registrar.

44. Correction of defect capable of remedy.

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

45. Partial refusal.

(1)When under section 35 of the Act, but registration is admitted as to some of the parties to a document, is refused as to the rest, the registering officer shall endorse an order in this form:[Registration refused as to A.B. and C.D.] [Notification dated 26-7-1967, Published in R.G.G. Part IV-C, dated 21-9-1967;]. He shall record the reasons for this partial refusal in his Book No. II but in all other respects he shall proceed with the registration of the document in the ordinary manner. (This register shall contain the heading prescribed in Form No. 2, App. I).
(2)Where the person executing a document is dead, a registering officer shall not register the document unless all his legal representatives (personally or by agent as prescribed in section 34 of the Act) appear and admit the execution. The registering officer shall also take in such cases an affidavit from the claimants to the effect that there are no legal representatives of the deceased person besides themselves and shall refuse to register the document, if the affidavit is not furnished.

46. Willful refusal or neglect to attend equivalent to denial of execution.

- The refusal to admit execution of a document even if it is not made in the presence of the registering officer is a denial of execution within the meaning of the Act. and so also is willful refusal or neglect to attend before the registering officer to admit execution, notwithstanding sufficient legal service which may not necessarily be personal, and when such refusal or neglect occurs, the remedy will lie under section 73 or section 77 of the Act, as the case may be, for the purpose of having the document registered.Book No. III

47. Book No. III.

(1)Book No. III is the register in which wills and authorities to adopt are to be [described] [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;], after they have been accepted for registration under section 41; also such wills as have been opened under section 45 and 46. It shall contain the headings prescribed in form No. 3, App. I. This book is not open to public inspection, nor are its indexes; but copies of entries in it or them shall, on payment of the prescribed fees, be given to the persons executing the documents to which such entries relate, or to their agents, and after the death of the executants (but not before) to any person applying for such copies. The necessary search shall be made by the registering officer. When a will entered in this book affects immovable property situate in district or sub-districts other than that where the entry has been made, no copy or memorandum of such will need be sent to the registering officers of those districts or sub-districts.
(2)No entry is required in the 5th column of the heading of book No.Ill in the ordinary case of a testator presenting his own will. The particulars of the witnesses his identity occur in the endorsement. It is only in the case of proceedings before the District Registrar under section 45, or when a will, is presented for registration to a Sub-Registrar by a person claiming thereunder after the death of the testator, that entries are to be made in column 5.
(3)In this book No. III the District Registrar must enter not only copies of the wills, registered by himself, but also copies of the wills, opened under the provisions of section, 45 and 46.

48. Wills and authorities to adopt.

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

1. Deeds which recite the fact of adoption only.

2. Deeds which recite the fact of adoption, and convey the property of the adoptive father to the adopted son in the life time of the former.

3. Deeds which recite the fact of adoption and will the property to the adopted son after the adoptive father's death.

4. Adoption deed executed by widows in pursuance of an authority to adopt.

Instruments of the first class fall under section 18. clause (f) of the Act, and their registration is optional, but they must be presented if registration is desired within the time allowed in Part IV. They should be entered in book IV. Instruments of the second class should always be recorded in the registers as instruments of 'gift' (hibbanama). They must be brought for registration within the period of limitation allowed in Part IV, but are subject to different treatment, according as the property transferred is immovable or movable.
(a)Where the property transferred or any part thereof is immovable, the instrument falls under section 17. clause (a) of the Act. and should be entered in book No. I. Its registration is compulsory.
(b)Where the whole of the property conveyed is movable the instrument falls under section 18, clause (d) and should be entered in book IV. Its registration is optional unless the transfer of the property is effected by the instrument itself when its registration is compulsory under section 123(2) of the Transfer of Property Act.
Instruments of the third class must be recorded and treated in every respect as wills (wasiyatnama). Their registration is optional (section 18 clause (e) and they may be presented at any time (section 27); they must be entered in book No. III.Instruments of the fourth class must be treated in every respect as those of the first. But care must be taken to distinguish between instruments conferring authority to adopt a son (Ijazatnama tabniyat), and adoption deeds executed in pursuance of such authority. The registration of an authority to adopt is compulsory, while that of an adoption deed is optional; the former deed must be entered in book No. III, the latter in book No. IV.Adoption deeds not uncommonly contain stipulations on the part of the adoptive father for the maintenance of the adopted son, and provision for his marriage expenses. Such stipulations are to be regarded only as a record of duties which are imposed by the law itself, without express mention, upon the adoptive father, and do not bring the deeds which contain them within the definition of agreements' in section 2 of the Indian Contract Act, 1872.Book No. IV

49. Book No. IV.

(1)Book No. IV is the miscellaneous register, in which are to be [described] [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;] all documents registered under clauses (d) and (f) of section 18 which do not relate to immovable property. It is not open to public inspection, nor are its indexes: and copies of entries in it or them shall be given, on payment: of the prescribed fees, only to the parties executing or claiming under the documents to which such entries relate, or the agents or representatives of such persons. The necessary search shall be made by the registering officer. This register shall contain the headings prescribed in form No. 4 App. I.
(2)[XXX] [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;].[49A. Special volumes of register books I, III & IV to be called additional book No. I, III & IV respectively in the form of file book with numbered butts and bound volumes may be opened with the sanction of the Inspector General in the Registration offices. These additional books shall contain the copies of the instruments corresponding to their respective descriptions in the books No. I, III & IV. A true or photostat copy of each document accepted for registration having attested entries of all endorsements made in the original document shall, (a) in case of file book with numbered butts be pasted in a manner that each sheet of the copy is pasted on a separate numbered butt. The registration officer shall put his signatures and date affixing the seal of the office in such a way that both the signatures and the seal may partly be on each butt so used and partly on the sheet so pasted thereon and (b) in case of bound volume is kept in custody of the concerning registration clerk till the number of sheets reaches hundred or nearest without division of the last document here after these sheets shall be bound in the form of register with soft card sheets pasted with cloth so that a photo of any sheet may easily be got done.All documents in the additional books shall be kept in the same series as documents described in the main books. Each sheet in the additional book must be paged at the top outer corner in bold figures in red-ink and may be considered one page. Whenever such instrument is kept in an additional book, a brief note showing that the copy of the document bearing number so and so has been kept in the corresponding additional book at pages so and so shall be inserted in the respective main book where the corresponding instrument in described in it.Note: - In case of printed or lithographed documents presented for registration whether with or without maps or plans which are stitched and sealed in the form of a Book. It will not be necessary to separate each page of the document, but the whole document consisting of printed or lithographed matter together with maps and plans, if any should be pasted on one butt in the additional book].

50. Gift of movable property.

- It may here be noted that the registration of instruments of gift of movable property has under the 2nd clause of section 123 of the Transfer of Property Act. 1882, been rendered compulsory whenever the property is not delivered to the donee. Under section 18(d) of the Indian Registration Act they are however optionally registrable and for the purposes of this Act the registration will be in book IV.Book V

51. Book No. V.

- Book No. V is the register for recording transactions relating to the deposit and withdrawal of sealed wills mentioned in Part IX of the Act. When a will has been removed by order of court under section 46, the fact shall be noted in red ink across the entry and the note shall be authenticated by the signature of the District Registrar. It shall contain the headings prescribed in Form No. 5 (App. I).
(2)All depositors of wills should be informed that no steps will be taken by Government to ascertain when they die and to communicate after their death with the beneficiaries. A copy of the following notice may be given to every person depositing a will for safe custody under the provisions of section 42 of the Act.Notice to Depositors of WillsAll wills deposited under section 42 of the Indian Registration Act are kept in perpetuity (unless withdrawn by the testator under section 44 or removed into court under section 46) in a fire proof safe. But depositors are informed that no steps can be taken by Government to ascertain the fact of their decease or to communicate thereafter with their beneficiaries. The sealed cover will simply be kept as deposited unopened, until an application is made under section 45 or 46 of the Act. It is the testators duty to take such steps as he may deem necessary to ensure that the existence and place of custody of the will may be known to the person or persons interested.Book No. VI

52. Book No. VI.

(1)Book No. VI is the register for recording brief abstracts of powers of attorney authenticated under section 33, clause (a). It is not necessary to copy out in full the powers of attorney authenticated under section 33, and a brief memorandum of the contents is sufficient; but the exact words of the governing portion of the power of attorney empowering the attorney to present documents for registration and to complete the registration should be copied in column 4 of Register No. VI. The name of the office where registration is to be effected and a brief description of the property to be dealt with should be given in the abstracts relating to special powers of attorney.Particulars as to identifying witnesses should be copied in the last column. But when a power of attorney is registered it must of course be copied out in full in book No. IV like any other document.
(2)To prevent mistakes it is explained that the only description of power of attorney which a registering officer is competent to authenticate under section 33 is one which contains authority to present a document for registration and this is the only kind of power of which entry should be made in book No. VI. The power of attorney must, except as provided in section 33 of the Act, be executed before the Sub-Registrar. The endorsement should state that this has been done and the abstract should always note that the instrument confers power to register. A power of attorney may of course be registered like any other document as explained above, but it will not be valid for registration purposes unless it has been authenticated under section 33. Accordingly when a power of attorney is presented by a person who presumably does not understand the distinction between registration and authentication, and it be not a power which the registration officer can authenticate, he shall register the document in his book No. IV. But if the power contains authority to present a document for registration the registering officer shall explain the difference between authentication and registration, and ascertain the presenter's exact wishes in respect of the document. There is nothing of course, to prevent such a document being registered as well as authenticated if the principal wishes it, but in that case the two operations shall be treated as separate transactions, and the usual fees shall be levied for both. This book shall contain the headings prescribed in Form No. 6 App. I.Book No. VII

53. Book No. VII.

- Book No. VII is the register of visits and commissions under sections 31, 33 and 38. It shall contain the headings prescribed in Form No. 7, App. I. In the column "distance traveled" is to be shown the distance from the office to the place visited.

54. Book No. VIII.

- Is the register of thumb impressions. It shall contain the headings prescribed in Form No. 8, App. I.

55. Instructions as to books in which documents should be registered.

(1)When a document is admitted to registration, the registering officer has to determine in which book it should be registered. This is a very important matter, not only because some of the books are open to public inspection while others are not, but also because questions of jurisdiction and limitation are involved. Ordinarily no difficulty will be experienced in determining, for the purposes of the Act, what is and what is not 'immovable property' but as occasionally doubts may arise, the following instructions are laid down for the guidance of registering officers.
(a)Trees sold with a view to their being cut down and removed are 'Standing timber' within the meaning of clause (6) of section 2 of the Act, while trees sold with a view to being kept permanently standing and enjoyed by the taking of their fruits or otherwise are immovable property. Consequently documents relating to trees of these ordinarily used for timber should be registered in book No. IV unless the terms of the documents clearly contemplate their being kept standing and enjoyed; conversely, documents relating to trees not ordinarily utilised as timber should be registered in book No. I unless the terms of the document make it clear that they are to be cut down.
(b)Agreement relating to the manufacture of salt-petre, and to other products of earth (except standing timber, growing crops and grass) should be registered in book No. I as document relating to immovable property.
(c)An instrument conferring the right to cut Sajji for a term of years over a specified area of land, and conveying a right not only to Sajji plants growing at the time of contract, but to those produced on the land in future for the term of years agreed upon is registrable in book No. IV.
(d)A document conveying the income of a Mela (i.e. the offerings of worshipers at a sharine). has to be registered in book No. 1 as the property transferred is income derived from a sacred building and the document should therefore for registration purposes, be treated as one relating to immovable property.
(e)Acknowledgments of the receipt of payment of consideration for the conveyance of immovable property must be registered in book No. I, and of other property in book No. IV.
(f)The allowance to village head man on a percentage basis on the land revenue commonly known as 'Haq Lambardari is a benefit arising out of land' within the definition of immovable property given in clause (6) of section 2 of the Act.
(g)Deeds of gift mortgage, sale, lease and partition of immovable property should be registered in book No. I.
(h)Contracts of sale of immovable property and agreements mortgage are deeds which should be registered in book No. IV.
Authentication of Register Books

56. Authentication of entries in Register Books.

- Every entry in books Nos. I, III and IV shall be, as far as practicable, an exact counter of the original, but interlineations, blanks, erasures or alterations should not be copied as such, but should be noted at foot as required by section 20 of the Act. The registering officer shall also see that the entry has been made in the book to which it property belongs, that the number affixed to it is that which ought to bear in order to maintain the consecutive series required by section 53, and that the book, the volume, and page entered in the certificate of registration are correctly stated.

57. Examination of copies and authentication of errors.

- The record of every document shall be compared with the original by some person other than the copyist, and both the copyist and the examiner shall append their signatures to the record and enter the words 'copied by' or 'examined by'. The registering officer shall then proceed to authenticate errors in the copy and to make any notes which may be necessary under section 20 of the Act. He shall also affix his initials in English or short signature in vernacular at the bottom of each page and at the end of the record, and shall under his usual full signature and official designation, certify it to be a true copy.

58. Erasures prohibited.

- No erasures shall be made with an ink erasure, knife or by any other means in any register book, but mistakes shall be corrected when necessary with the pen. All interlineations and corrections in the register books shall be made in red ink. Corrections shall be made by drawing the pen through the words wrongly copied and rewriting them.Indexes

59. Indexes to be prepared on printed forms.

- The current indexes, required by section 54 to be kept up in every registration office shall be prepared on printed forms to be supplied from the Government Press through the Inspector of Registration on indent being submitted to the office of the Inspector General. The sheets should be headed with the different letters of the alphabet by the registering officer. At the end of the year all used sheets should be bound up in their proper alphabetical order.

60. Index No. I.

- Index No. I is that in which section 55 requires that the names and additions of all persons executing and of all persons claiming under every document registered, or memorandum filed in book No. I shall be entered. This index shall contain the names and additions not only of the parties concerned in the document but also of those concerned in the copies for memorandum of documents received from other registration offices and filed under section 64, 65, 66 and 67. as well as those concerned in the copies of order by Revenue Officers granting loans and of certificates granted by Civil Courts under rule 94. Order XXI. schedule I of the Civil Procedure Code, 1908. or by Revenue officers which are filed under section 89 of the Act. It shall contain the headings prescribed in Form No. 1, App. II.

61. Index No. II.

(1)Index No. II is that in which, by section 55, the particulars mentioned in section 21 relating to every document registered memoranda filed, in book No. I are to be entered. Entries should, as a rule, be made under the name of the town or principal village where the property affected is situated, the name of mohalla in the case of a town, or of a hamlet In the case of a village being given in column 4. It shall contain the heading prescribed in Form No. 2 App. II.
(2)A Sub-Registrar on registering a document of the nature mentioned in section 64 or section 65 shall enter in this index only that portion of the property which is situated in his Sub- district.
(3)A district Registrar on receiving a copy of a document under section 65, 66 and 67 shall enter only the property situated in his own district.
(4)A Sub-registrar on receiving a memorandum of a document under sections 64, 65, 66 or 67, or a copy of-an order or certificate under section 89. shall enter the particulars of the property concerned in this index.
(5)If the property is situated in more than one town or village in the district or Sub-district the name of each place shall be separately indexed under its initial letter.

62. Index No. III.

- Index No. III is that in which section 55 requires that the names and additions of all persons executing every will and authority to adopt registered in book No. III. of the executors and persons respectively appointed thereunder, and (after the death of the testator or donor, but not before) of all person claiming under the same shall be entered. It shall contain the headings prescribed in Form No. 3 App. II.

63. Index No. IV.

- Index No. IV is that in which section 55 requires the names and additions of all persons executing and all of persons claiming under every document copied in book No. IV or filed in Additional book No. IV to be entered. It shall contain the headings prescribed in Form No. 4 App. II.

64. Index how to be prepared.

- Index entries shall be made on the same days as the document to which they relate is copied or filed in its proper register, or at latest on the following day. The official, who indexes the document shall append his signature with date under the words indexed by' which will be entered in red ink on the top of the copy of the document entered in the proper register, on the document filed in Additional book No. I under rule 33 on the document filed in Additional book No. IV under ride 49 or on a copy or memorandum filed in File book No. I under rule 34 read with rule 35 as the case may be. The registering officer shall, before he certifies a copy as true copy under rule 57 or finally endorses a document, copy or memorandum under ride 33 or 35 satisfy himself that the same has been properly indexed. The indexes shall be kept in Hindi. The headings of the columns have however been printed both in English and in Hindi to enable all district Registrars and Sub-Registrars acquainted with English & able to conduct business in that language to prepare indexes of English documents in English. The English lettered sheets of the index should at the time of building be put with sheets of the corresponding Hindi letter.

65. Initial letters.

- Entries should be made with reference to the first letter of the name, and not that of the rank, title or caste.

66. Native Christians.

- In the case of Christians who have Christian names and family names, the entries should be indexed with reference to the first letter of the surname. In the case of Christians who have no family names, and who add their father's names or the name of their village to their own, the entries should be indexed in the same manner as laid down in rule 65.

67. Companies, banks etc.

- Entries regarding companies, bank etc., shall be made under the initial letter of the first word, omitting the article.Example. - The land Mortgage Bank of India, under 'L', the Bank of Upper India, under 'B' and the Allahabad Bank under 'A'.

68. Government.

- Entries in the case of documents in which Government is concerned shall be made in the English indexes under 'G' as the first letter of the word 'Government' and in Hindi indexes under 'Sa' as the first letter of the word 'Sarkar'. the official designation of the officer representing Government being given in the first column.

69. Certificates or sales etc.

- In the case of certificates of sale given by a court, the names of the judgement debtor and of the auction purchaser should be indexed in the appropriate nominal index and an entry made under Sa' in Hindi indexes of the official designation of the officer who has granted the certificate.

70. Security bonds.

- In the case of security bonds, the name of the person for whom the security is given should be indexed as well as those of the executant of the bond, the person in whose favour it is executed.

71. Agent or representative.

(1)When a document is executed by an agent or representative, the name of every principal as well as of every agent or representative, and of every person claiming under the document, should be indexed.Example. - (1) A bound executed by Mr. D. Manager, on behalf of the Allahabad Bank, would be indexed under A for principal, and also under D, that being the first letter of the surname of the agent executing the bond on behalf of the bank.
(2)Documents executed by or in favour of guardians on behalf of minor should be indexed in the names of the guardians as well as the minors.
(3)If the person with respect to whom a document is to be indexed is mentioned in the document under an alias as well as his real name, the document should be indexed with respect to both the alies and the real name.
(4)Similarly if a town or village is called by two distinct or different names in the document, it must be indexed with respect to both names.

72. Documents entered in Book No. 1.

- The entries in indexes respecting all documents entered in file book No. 1 shall be made in red ink. so that if may be apparent that the document has only been filed in the District Registrar's or Sub-Registrar's Office.Subsidiary Books

73. Name of Subsidiary Books.

- The following subsidiary books must be maintained in all the registration offices.

1. Fees book.

2. Cash account book.

3. Receipt book.

4. Order file.

5. Minute book.

74. Fees Book.

(1)The fees book shall be kept in Form No. 14 Appendix I in the vernacular printed bound volumes containing 100 or 200 pages each, being supplied from the Inspector-General's or Registrar's office. This book must be written up daily, the registration fees realised on each document (distinguished by its registration number and the number of the book in which it is entered), being shown separately, and the total collections of the day entered in the appropriate column, copying fees being shown separately from other fees. This daily total must be verified by the registering officer who shall affix his signature in tax token of such verification. On the last account day of each month, the several columns of the fees book shall be totaled, the totals being written in red ink and signed by the registering officer, the entries for the remaining days of the month being carried forward and included in the totals for the following month.
(2)Where there is a Government treasury or sub-treasury as the same place as the registration office, the fees realised shall be paid into the treasury or sub-treasury daily, the signature of the treasurer at the headquarter or of the cashier at Tehsil sub- treasuries being taken in the fees book in acknowledgment of the receipt of the amounts entered. All sums received subsequently to the closing of the treasury or sub-treasury amounts for the day shall be credited the next day along with receipt up to the hour of closing of the treasury or sub-treasury accounts for that day and so on. All sums taken on any day on which the treasury or sub-treasury is closed owing to a holiday shall be credited on the day the treasury or Sub-treasury re-opens. The words treasury closed" should however, be written in the fees book against the fees of the day not credited for this reason. Where a registration office is situated at a place where there is no Government treasury or sub-treasury, the collections of the registering officer may be transmitted by him monthly to the nearest treasury' or sub treasury as the District Registrar directs in time to admit of their being included in the current months account.[(2-A) Registration fees payable on an instrument shall be paid by demand draft or by pay order drawn on a branch of any scheduled bank or deposited into Government Account head 0030 through e-GRAS challan as prescribed, in any bank authorized by the State Government.(2-B) The Inspector General of Registration with prior approval of State Government may authorize any person, agency or company for collection of registration fees.(2-C) The Registering Officer on production of such demand draft or pay order or e-GRAS challan or receipt of the payment issued by any person, agency or company authorized for collection of registration fee, certify in such manner as may be prescribed by endorsement on the instrument of the amount of registration fees so paid.(2-D) In cases where circumstances warrant, the Inspector General of Registration may allow payment of registration fees in cash in certain offices of the Sub Registrars as may be notified.] [Inserted by Notification No. S.O. 89, dated 14.7.2014 (w.e.f. 14.1.1956).][(2-E) In determining the amount of fee payable under the Act, any fraction of 10 rupees, equal to or exceeding 50 paise shall be rounded off to next one rupees, and such fractions of less than 40 paise shall be disregarded.] [Substituted by Notification No. S.O. 319, dated 12.2.2018 (w.e.f. 14.1.1956).]
(3)All fees for the registration of documents are payable on presentation but should not be realised until the document is formally accepted for registration. All fees received shall be credited to Government. whether the documents hare been admitted to registration or not Travelling allowance realised under the provision of article XIV, subclauses (4) and (5) of the table of fees may however be appropriated by the registering officer or Commissioner, as the case may be.
(4)All receipts in the Registration Department shall be credited in the treasury accounts under the following heads.-
(a)Fees for registering documents Registration fees.
(b)Fees for copies of registered document.
(c)Miscellaneous.
[Provided that-
(a)The provisions of this rule shall apply, mutatis mutandis to the amount of additional stamps duty, if any. realised under the provisions of Indian Stamp Act as adapted in Rajasthan.
(b)The Inspector General may prescribe a specific challan form to credit the receipt in treasury account under sub-rule 4 above.]

75. Cash Book.

- A cash book in Form No. 21 App. I will be maintained in each office.

76. Receipt Book.

(1)The receipt book will be in Form No. 9 App. I each volume of the book contains one hundred blank printed forms and each form is divided into three parts, given below:-
(i)To contain particulars for indentifying the document presented for registration and an acknowledgment of the receipt of the prescribed registration fees. This is to be filled up, torn off and given to the presenter on realization of the fees.
(ii)To contain a brief description of the document, an acknowledgement of its receipt for registration. This is the receipt' mentioned in section 52 of the Act, and it should be filled up. torn off and given to the person presenting the document at the same time as the receipt for the fees.
(iii)The counterfoils which remain permanently in the book.
(2)Registering officers will see that receipts are given in the order in which documents are admitted to registration, that all prescribed particulars are filled in; that in the place for description of property it is stated whether it is immovable or movable, and in the case of mortgages whether with or without possession; and lastly, that the name of the executant and not. as is sometimes erroneously done, the name of the scribe, is noted in the place provided for this purpose.
(3)Each volume of these receipt books, which contains one hundred printed forms numbered consecutively 1 to 100 shall be numbered in a consecutive series which shall commence and terminate with the calendar year a fresh series being commenced at the beginning of each calendar year. A new volume however need not be brought into use at the beginning of the year, until all the receipts in the volume in use have been filled up. The volume in which receipts of two years fall should bear a double number (300 of 1951/1 of 1952). The document will be returned to the person applying for return and presenting the receipt granted under section 52 of the Act. or to the person desiring its return by post in the manner as laid down in rule 134 provided he is the presenter of the document or a person nominated by the presenter under section 61(2) of the Act. The nomination in both cases must be on the reverse of the receipt. In cases of documents returned personally to the person mentioned above, on presenting the receipt, the signature of the recipient will be taken with the date, in the space on the reverse of the receipt which will be pasted immediately to its proper counter foil in the receipt book.
(4)[ The amount of additional stamp duty if any. realised under the provisions of the Indian Stamp Act as adapted in Rajasthan shall also be acknowledged through this receipt specifically under the heading, 'Miscellaneous'.] [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;]

77. Loss of receipt.

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

78. Commission fees.

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

79. Refund of fees.

(1)In the event of registration being refused or not taking place for other reasons, any fees which may have been levied will be refunded except fees for commissions, summons and attendances, and travelling allowances, where such fees have been earned. Inspection or search fees may be refunded in cases where no inspection or search is made, but not where a partial inspection or search has been made. Any registration fees charged by a registering officer in excess of what is actually chargeable under the rules may be refunded at the discretion of the District Registrar provided that the refund is claimed within thirty days and the District Registrar is satisfied that there has been a clear over-charge.
(2)Applications for refund of fees will be in writing to the District Registrar who will pass orders thereon. District Registrars will be responsible for seeing that receipts are obtained and recorded for the full amount of fees to be refunded.

80. Remission of fines.

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

81. Older file.

- The order file is a guard-book in which should be filed all orders whether emanating from the Inspector-General or the Registrar of the district. All orders of this character should be pasted in as soon as received and should not be allowed to lie loosely about. The order file must be in two parts: (1) circulars and general orders of the Inspector-General, and (2) orders of a general or permanent character issued by the Registrar. Temporary or special orders will be put in the yearly bundles and be weeded according to the instructions. The correction slips are not to be placed in the order file book but in the Manual. A list should be prepared for each year and pasted into the order file containing a brief description of all orders so filed. This list should not be made up at the end of the year, but written up from time to time as orders are filed.

82. Minute Book.

(1)Every Sub-Registrar shall keep a minute book in Form No. 15. App. I. This book is intended, primarily to contain the record of all suspensions of the ordinary procedure of acceptance for and admission to registration for example:-

1. When the document presented for registration has been impounded under the Indian Stamp Act. 1899 as adapted to Rajasthan;

2. When the document is returned for presentation in the proper office:

3. When the document is returned for correction or amendment:

4. When the document is put aside pending appearance of parties or witnesses.

5. [ When the document is kept pending for registration in view of a person who is willing to pay. the additional duty under section 47-D (2) of the Indian Stamp Act as adapted to Rajasthan but wants reasonable time for such payment. [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;]

6. When the document is kept pending -for site inspection to ascertain facts.]

(2)In it should also be recorded the reasons for non-compliance with an application for search, inspection or copy, unless in the case of copies, searches and inspections sufficient particulars have already been given in the remarks columns of registers of applications for copies searches and inspections.
(3)The entries in the minute book should be made by the Sub-Registrar with his own hand and each proceeding should be signed and dated by him. When proceedings relating to the same case are recorded on more than one occasion, the serial numbers of the subsequent entries will be entered in column 2 of the first entry. Column 2 of each subsequent entry will show the serial number of the first entry.
(4)When a document presented for registration is returned by a Sub-Registrar for correction or amendment or on any other ground, the Sub-registrar shall also briefly record his reasons on an objection slip in Form No. 22. App. I and make over the slip to the presenter. When the document is subsequently admitted for registration, the Sub-Registrar will file the slip for perusal by the inspection officers.

82A. [ Entries in minute book for pendency of document on certain grounds. [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;]

(1)When a document presented for registration is kept pending for registration for any reason, it shall be recorded in the minute book mentioning the reasons in detail.
(2)When the document presented for registration is impoundable, the registration officer shall, while proceeding under rule 96 record the fact of verbal and written intimation given to the person presenting the document in the minute book. If the person liable to pay the duty offers to pay the amount of duty under section 47 (D) (2) of the Indian Stamp Act as adapted in Rajasthan but wants reasonable time, the registering officer while allowing him to do so. shall record the fact in the minute book. If such a person refuses to pay the required amount than also this fact shall be recorded in the minute book before making a reference to the Collector.
(3)When a registering officer inspects a site for satisfaction of the correctness of facts mentioned in a document and affecting its market value, he will record this fact in the minute book and also, thereafter a brief note of such inspection.] [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;]

83. What circumstances to be entered in the Minute Book and what not.

(1)A refusal to register is not a suspension but a final termination of the proceedings, and in such a case the record is made in register No. II. not in the minute book.
(2)Every other circumstance which causes an interruption of the proceeding between the presentation of a document, and its admission to registration, however, brief that interruption may be, must be made the subject of separate entry' in the minute book stating why proceedings were interrupted, and also, if a necessary, of a second entry recording the removal of the impediment and the completion of the registration.
(3)In cases in which refusal has to be recorded on a date subsequent to the adjournment of proceedings after entry in the minute book a reference to the entry' in book 2 should be given in column 2 against the last entry' of adjournment. Thus, in the commonest case, of nonappearance of an executant, there must be in the first place an entry to this Or similar effect:"Deed of sale, dated the 1st February, 1898. of a two anna share in Mahal Rampur by A B in favour of C & D. presented by the latter this 10th day of February. 1951, A B is not present. Registration postponed and process issued". Then, if executant appears there will be a second entry:"Document referred to in serial number so and so, A B having appeared registration completed, dated, etc." In this case of the process were ineffectual there would be no further separate entry, the eventual refusal being recorded in register II with a reference to the first entry in the minute book, and to the entry in book No. II in the second column against the first entry in the minute book.
(4)Similarly the reasons for non-compliance with an application for inspection or copy should be concisely recorded, and if the objection is subsequently removed and the application is granted, a second entry stating the fact should be made. The method of filing in column 2 so as to connect entries relating to the same document together, is another point which is not understood. The object of the reference number is to enable each document to be traced through all the entries referring to it in the register.The following example will show clearly what is required
Annual S. No. Reference number and number of book and serial number of document (if any) Notes of Proceedings
1 2 3
1 4 Deed of mortgage by A, B to C, D of 100 bighas in Mahal Rampur, dated the 5th January, 1951. Impounded as not duly stamped and sent to Collector this 12th Day of January, 1951.
2 (Blank) Deeds of sale by E, F to G, H of a house and grove in Jalalpur, dated the 12th February, 1951. Returned for presentation to S.R. Udaipur the proper office, this 20th day of February, 1951.
3 7 … … …. Deed of mortgage of a 2 anna share in Mahal Ram Prashad, mauza Bali, by J, K to L, M dated the 8th March, 1951, Erasures not attested. Returned for compliance with section 20 of the Registration Act, this 15th day of March 1951.
4 I-Book I, Vol. 122, No. 124 Deed referred to in serial No. 1 received back duly certified by Collector as to stamp. Registration completed this 17th day of March 1951.
5 8 ... … … Deed of sale of house and garden in Mohalla Uparkot. Qasba Fatehpur, by N.O. to P.Q. Dated the 8th March, 1951. Presented by P.Q.N.O. Does not appear. Registration referred pending return to prosses issued this 8th day of March, 1951.
6   Application by R.S. Dated the 20th March, 1898, for copy of document No. 10, Book 3 Vol. 2 being the will of T.O. Refused under section 57 of the Registration Act, testator being alive.
7 3 … … …(Book 1, Vol. 22 No. 196) Document referred to in serial (No. 3) represented after compliance with section 20 of the Registration Act and registered this 25th day of March, 1951.
8 5 …. …. ….(Book 1 Vol. 22, No. 224) Document referred to serial No. 5 N.O. Having appeared and admitted execution registration completed this 10th day of April, 1951.

Part IV – Languages

84. Language.

- For the purposes of section 19 of the Act, it is declared that the language deemed to be commonly, used in Rajasthan shall be Hindi in Devnagri script. But documents presented for registration may be written in any language. In case however, of the language other than Hindi, the document must be accompanied by a true Hindi translation and also by a true copy : Provided that documents written in English need not be accompanied by translation or copies when presented at the office of a District Registrar or of a Sub-Registrar, when the registering officer is acquainted with English and can conduct business in such language.

Part V – Territorial Divisions

85. Territorial Division.

(1)The description of the territorial divisions required by section 21. sub-section (3) shall be the name of the village, tehsil and revenue district in which the house or land is situated.
(2)[XXX] [Notification dated 5-11-1992, Published in R.G.G. Part IV-C, dated 11-11-1992, p. 299-2;]

Part VI – Re-copying of Registrar Books which are in danger of being destroyed or becoming wholly or partially illegible

86. Discretion by Inspector General -regarding damaged Registered Book.

- The Inspector-General may on the report of the Inspector made to him. by a written order direct that any particular Register book or portion thereof which is in danger of being destroyed or becoming wholly or partially illegible shall be re-copied by hand:Provided that where only a portion of an entry is in danger of being destroyed or becoming illegible, the registering officer shall direct that the whole entry including the true copy certificate shall be recopied.

87. Re-copying and attestation of copies of entries in the new Register Book.

- Every entry which under an order passed under rule 86 is to be re-copied, shall be re-copied in the new register in its entirity along with true copy certificate and each entry so re-copied shall be carefully compared with the entry in the original Register book. The registering officer shall them certify under his signature that it is a true copy in the manner laid down in rule 57. A note of the Inspector-General's Order direction the re-copying of the entry shall be made below the true copy certificate so re-copied.

88. Numbering of complete new Register Books and destruction of old Register Book.

- When an entire book is re-copied, the new book shall bear the same number as the old one. After the entries in the new book have been compared with the entries in the old book and the new book certified by the registering officer as aforesaid. the old book shall be destroyed and a note about its destruction shall be made hi the catalogue of records. Such note shall also show the number of the new book in which the entries from the old book have been re-copied.

89. Manner of assigning serial numbers to the entries in new Register Books.

(1)Where only a portion of a book is to be re- copied, the new book in which it is re-copied shall bear a fresh serial number such as 1-A. 2-A, 3-A, as the case may be.
(2)A register in the following form shall be maintained in which full particulars of the books partially re-copied shall be entered, namely:-
(a)Serial No.
(b)Registered number of the entries re-copied.
(c)No. of the pages of the old book, the entries of which have been re-copied.
(d)No. of the old book.
(e)No. of the new book.
(f)No. of the pages of the new book on which entries have been re-copied. Such register shall be preserved permanently.
(3)A note shall be made in the old book below each original entry which has been re-copied showing the number of the book and the number of the page of such book in which the entry has been re-copied.

90. Signing and dating of note.

- All notes made under the rules contained in this part shall be signed and dated by the Registering Officer.

Part VII – Procedure prior to acceptance of document for Registration

91. Conditions of admissibility and examination of documents.

- On the presentation of a document for registration, the registering officer shall first satisfy himself.
(1)That it has been presented at the proper registration offices (Section 28. 29 and 30).
(2)That if the document is not a will, it has been presented within the proper time (Sections 23 to 26).
(3)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).
(4)That, in the case of any interlineation, blank, erasure or alteration, the provisions of section 20 and rule 95 have been complied with.
(5)That, if the document is non-testamentary and relates to immovable property, and contains a map or plan, the description is sufficient for its identification and that it is accompanied by the prescribed number of true copies of the maps or plans. (Section 21).
(6)That, it bears the proper stamp or is exempted or is not liable to stamp duty.
(7)That, the document has been presented by the person authorised in the behalf (Section 32 or Section 40).
(8)that, the document was executed by the person by whom it purports to have been executed.

92. Examination as to jurisdiction.

(1)When a document is presented at a registration office, the registration officer will examine it to see whether he has authority to register, it and on this head Part V and VIII of the Act should be consulted.
(2)For the purposes of jurisdiction documents may be grouped into four classes:
(1)Non-testamentary documents, relating to immovable property mentioned in clauses (a) to (d) of section 17 and clauses (a) to (c) of section 18.
(2)Wills and authorities to adopt.
(3)Copies of decrees and orders of courts.
(4)All other documents.
(3)Instruments of the first class may be accepted for registration by any registering officer within whose district of sub-district any portion .of the property concerned is situated. Instruments of the second class may be registered in any office. A copy of h decree or order may be registered in the office of the sub-registrar in whose sub-district the decree or order was made, or if it is does not affect immovable property, in the office of any other sub-registrar under the Government at which all the persons claiming under decree or order desire the copy to be registered. A document of the fourth class may be registered, either in the office of the sub-registrar at the place of execution, or, if desired by the executants and persons claiming under it, in the office of any other sub-registrar under the Government.

93. Procedure when Registering Officer has no jurisdiction.

- If the Registering Officer finds he has no jurisdiction to register a document presented to him he should endorse on the document the words "Returned for presentation in the proper office" and return it to the presenter, informing him at what office he can obtain registration. An entry of the occurrence should at the same time be made in the minute book.

94. Examination as to time.

- When the registering officer finds he has jurisdiction, he should examine the document to see that it has been presented within the time allowed by part IV of the Act. Section 26 refers to documents executed out of India and will be noticed below. With regard to all other documents the law requires with certain exceptions (Section 23, 23A and 34, Sub- section (1) that both the presentation for registration and the appearance of the executant shall take place within four months from the date of execution. But in order to avoid hardship 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).
(2)When after a document has been presented the executants, owing also to urgent necessity or unavoidable accident cannot appear or cannot be made to appear to admit execution (Section 34, proviso).

95. Examination as to unverified interpolations etc.

(1)If true document be brought for registration within the time allowed by law. the registering officer should see whether it contains any unverified interlineations, blanks, erasures or alterations of the kind mentioned in section 20 of the Act: and. in the case of documents, relating to immovable property, whether the description of it is sufficient for identification. If he is not satisfied on either of these points and if the omission cannot be immediately supplied, he should endorse on the document the words "Returned for compliance with section 20" and hand the document back to the presenter in view to the defect being remedied. An entry of the occurrence is to be made in the minute book. Foreign documents should not be accepted unless accompanied by the transaction and copies required by section 19. nor document of the kind mentioned is section 21 (4) unless accompanied by the required copy or copies of the map or plan.
(2)Where interlineations or corrections occur in a document presented for registration, the registering officer must require such interlineations and corrections to be attested by the initial or signature of the executants of the deed if that has not already been done. If the parties or any of them cannot read or write, the sub-registrar should read over to them the correction or interlineation, and. add a certificate that he has done so. and that the parties agreed thereto his registration endorsement.

96. Examination as to stamps.

(1)When a document is presented at a registration office, the endorsement required by section 52 of the Act should be recorded in the form given in rule 185. Clause A and signed by registering officer and by the person presenting the document except in the cases referred to in rule 91 to 96 and rule 106. [After recording the endorsement, the first duty of the registering officer is to examine the document to see that it is properly stamped. When such examination discloses that the document is not properly stamped due to undervaluation, incorrect determination of its nature or otherwise and a reference to determine and realise proper duty is to be made to the Collector under the provisions of the Stamp Act. the registering officer shall verbally intimate the parties concerned about the reference proposed. If the person liable to pay the duty offers to make up the defient duty, the registering officer shall complete all the formalities of registration and shall levy the prescribed fee. accept the additional [stamp duty through demand draft or by pay order drawn on a branch of any scheduled bank or through e-GRAS challan deposited into Government Account head 0030 in any bank authorized by the State Government] [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;] and acknowledge the same through receipt in Form No. 9 and certify by endorsement on the document that so such amount has been realised as additional stamp duty vide receipt number so and so dated so and so and the document is to be deemed as executed on the-stamp of Rs. so much. Where on such verbal intimation, the party is not ready to pay the additional stamp duty, the Registering officer shall levy the fee as chargesable on the value or amount mentioned in the document and complete all formalities under section 58 and 59 of the Registration Act. Thereafter further proceedings shall be stayed and a memo shall be given to the person presenting the document intimating that in the opinion and on behalf of the registering officer the document requires so such additional duty and the person liable to pay the same may do so otherwise a reference shall be made to the Collector under the Stamp Act. The receipt of the memo may be obtained on its duplicate copy. The registering officer shall record the facts in the minute book as provide under rule 82 and thereafter refer the matter to the Collector to determine and realise proper duty, alongwith penalty and proper registration fee under the provisions of the Stamp Act and the Registration Act. While referring the matter to Collector, the registering officer shall mention reasons for believing that proper duty is not paid and also the fact that the party was intimated under section 47(D) of the Stamp Act but did not make up the deficiency.] [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;]
(2)It is noticed that through ignorance or oversight on the part of registering officers, many insufficiently stamped documents are registered and returned to presenters. The amount involved are usually small but it may happen that Government loses a considerable sum in duty and registration fee. In order to safeguard Government revenue, it is necessary that when instances of such under stamped documents come to notice, they should be reported to the Collector with a copy of the document prepared from the records of the registration office, for considering the desirability of launching a prosecution under section 62(1) (b) of the Indian Stamp Act. 1899 as adapted to Rajasthan and of according his sanction thereto under section 70 of the said Act. Before according his sanction to the prosecution under section 70 of the Indian Stamp Act. The Collector should serve the executant with a notice-
(i)to produce the document, and
(ii)to show cause why he should not be prosecuted.
(3)If, in compliance with the notice, the document is produced before the Collector should impound it under section 33 and action should then be taken under section 40(b) of the Indian Stamp Act as adapted to Rajasthan to recover the duty and penalty. If the duty and Penalty are paid up. no prosecution need be instituted unless it appears to the Collector that the offence was committed with the intention of evading payment of the proper duty.
(4)If, however, after service of the notice, the document is not produced or no satisfactory cause is shown the Collector may sanction r prosecution under section 70 of the Indian Stamp Act as adapted to Rajasthan read with section 62 (1) (b) in cases where the executant was liable to pay the proper stamp duty. No such action need be taken against executants not liable to pay the proper stamp duty under section 29 of the Indian Stamp Act, as adapted to Rajasthan.
(5)If the document is liable to ad valorem duty under the said Indian Stamp Act of 1899, and the value or consideration is either not stated in money or only partly so stated, the provisions of sections 27 and 64 of that Act shall be made known to the person who presented it and he shall be informed in writing by an endorsement on the back of the document that he may, if he chooses; withdraw and complete the document by the addition of the required particulars, under the signature or initials of the executant. If the declines to do so, the matter shall be reported to the Collector and further proceedings shall be stayed.
(6)If a document requiring stamp under the Court Fees Act, 1870 as adapted to Rajasthan is in the opinion of the registering officer improperly stamped, it shall be returned to the person presenting it and not impounded, in order that it may be properly stamped.
(7)When proceedings are suspended under sub-rules (1), (5) and (6) A note shall be made in the minute book and if the document is returned to the person presenting it, the reasons for this shall be endorsed on it.
(8)After the document has been returned duly endorsed by the Collector in the manner prescribed by section 40(a) or 42 of the Indian Stamp Act as adapted to Rajasthan, the registration proceedings shall at once be resumed and completed after duly summoning the parties to the document.
(9)Every Sub-Registrar shall keep a register of documents impounded by him in Form No. 16 given in Appendix I.
(10)[ All Collectors and Registering Officers shall maintain a register in Form No. 24 of Appendix I.] [Notification dated 8-9-1986, Published in R.G.G. Part IV-C, dated 25-9-1986, p. 171]Note. - In the case of the registration of any document, the stamp duty paid on which is lower than it would be but for the previous payment of stamp duty on some connected document, the registering officer shall note the amount of stamp duty paid on the previous document. This note should be made in the column "Value of stamps" in Register I to IV.

96A. [ Examination as to proper stamp duty on the basis of the facts mentioned in the documents/checklist. [Substituted by Notification No. S.O. 89, dated 14.7.2014 (w.e.f. 14.1.1956).]

- Notwithstanding anything contained in these rules, when a document is presented for registration, before recording the endorsement of registration, the first duty of the registering officer is to examine the document along with the checklist prescribed under Rule 57 of the Rajasthan Stamp Rules, 2004 to see that it is properly stamped according to the details of the property mentioned in the document as well as in the checklist.]

97. Place of presentation.

- Documents must ordinarily be presented for registration at the registration office: but under section 31. registering officers may on special cause being shown, proceed to the private residence of any person desiring to present a document and may accept it there for registration. This permission, however, must not-be interpreted as extending to the acceptance for registration of documents at the private residence of the registering officer.

98. Court fee stamp on application.

- No court fee is required on written application made to a registering officer for- issue of commissions under section 32 or 38 for the attendance by a registering officer under section 31, 33, 38 at a private residence or jail or for issue of summons under section 36 or for the presentations of deeds. An application for the attendance of the registering officer at a private residence may be presented by an agent, relative, or servant of the applicant or be sent by post, but the presentation of the document in such cases can be made only by the person who desires to present for registration at his or her residence.

99. Delay in presentation and appearance.

- In cases of urgent necessity or unavoidable accident, a delay of four months is allowed Representation and a similar delay for appearance, and both periods may be allowed for the same document, if any urgent necessity or an unavoidable accident occurs to prevent both the presentation of the document and the appearance of the executant in due time (sections 25 and 34 proviso). The two periods are quite distinct, and are given for different purposes and at different stages in the procedure of registration. This distinction is important: and if it is borne in mine, the following instructions will be readily understood.

100. Procedure on failure for 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, namely, four months [or extended period under Section 25 namely, "Eight Months"] [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;] from the date of its execution and the executant fails to appear to admit execution within that Period and the case does not come under rule 46, the sub-registrar must immediately after the expiration of the said period, record a formal refusal to register, leaving it to the parties to appeal to the District Registrar under section 72 within 30 days, if they think proper:Provided that, if proceeding under section 36 for the appearance of the executant are still pending at the expiry of the [eight] [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;] months, and the executant has not appeared, the case shall be reported to the District Registrar without a formal refusal to register being recorded. But when summon has been duly served and the executant refuses or neglects to appear, a formal refusal to register will be recorded under rule 46 without waiting for the expiry of the period of [eight] [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;] months.
(2)In any case referred to in sub-rule (1), the District Registrar shall not pass an order granting an extension of time or directing the sub-registrar to register the document, unless it is shown the non-appearance of the executant was due to urgent necessity or unavoidable accident.

101.

[x x x] [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;],

102. Document executed outside India.

(1)The above instructions apply to documents presented under section 26, with this exception only that the first period of four months and the extended period of eight months must be reckoned from the date of their arrival in India, and not from the date of their execution. These documents can under no circumstances remain pending beyond eight months from the date of their arrival in India. In the case of a document executed by some of the parties in. and by other out of India, the party presenting the document may proceed at his option under section 23, section 24 or section 25 instead of section 26; and if he does so, the provisions of the above instruction regarding those sections shall apply. All pending documents must thus be refused registration after eight months from the date of execution, if presented under section 23 or section 24 after 12 months, if presented under section 25; and after eight months from the date of arrival in India, if presented under section 26.
(2)The above instructions are however subject to the proviso that the sub-registrar may immediately record a refusal to register, without reporting the matter to the District Registrar, if it is apparent that the failure to addenda is due to the willful default or neglect of the executant as the refusal in this case will be on ground of denial of execution.

103. Presentation when last day is a close holiday.

- If the period of limitation for presentation or for appearance to admit execution of a document prescribed by the Act or extended by the District Registrar expires on a day on which the registration office is closed, the presentation or appearance shall be considered to have been made in due time if it is made on the first day of the opening of the office.

104. Parties entitled to present documents for registration.

- If the document be not open to any of the objections set forth above, the registering officer before finally accepting it for registration, should satisfy himself that the person presenting it has legal authority to do so. The persons who may present a document for registration are the following:-
(a)in the case of a will, the testator, and after his death any person claiming under it as executor or otherwise:
(b)in the case of an authority to adopt, the donor, and after his death, the donee or the adopted son:
(c)in the case of a copy of a decree or order, any person claiming under the decree or order:
(d)in any other case, any person executing or claiming under the documents:
(e)the representative or assign of any or the foregoing:
(f)the agent of any of the foregoing:
Note. - Where the Act or any rule made thereunder requires or permits any act to be done with reference to a document by a person executing or claiming under the same, and the document has been executed on behalf of a Municipal or District Board or is a document under which a Municipal or District Board claims, the act may. notwithstanding anything to the contrary contained in the Act or in any rule thereunder, be done (1) in the case of a Municipal Board, by the chairman the executive officer or a secretary of the board, or by the officer of the board empowered by a regulation in this behalf, and (2) in the case of a district board, by the chairman, or by any other officer of the board empowered by regulation in this behalf.

105. Presentation by representatives; assignees or agents.

- If the document having been executed by the principal be presented by a representative or assign the latter should satisfy the registering officer of his status, if by an agent, he must produce a power of attorney authenticated in the manner prescribed in section 33 of the Act. But care must be taken to distinguish between deeds executed by agents in pursuance of power in that behalf conferred upon them by their principals, and deeds executed by principal presented for registration by agent empowered in that behalf. It is not the duty of the registering officer to satisfy himself of the power of an agent being the actual executant of an instrument to execute it. i.e. to deal with the property forming the subject-matter of the deed. The registering officer does not record any confirmation of that power. His duty is confined to the question whether the persons purporting to have executed the instrument have in fact done so or not. There are three possible cases:
(1)where the actual executant, or person claiming under the Instrument appears:
(2)where a representative or an assign of such person appears:
(3)where an agent of either of the above person appears:In the first case, the registering officer has simply to ascertain whether the person so appearing does not admit execution, and the identity: he is not concerned with the capacity in which the executant acted in signing the document. In the second case, the registering officer has further to satisfy himself as to the right of the representative or the assign to appear in that capacity and to admit execution. In the third case, the registering officer has simply to see whether the person appearing is an agent duly empowered as prescribed by section 33 to appear and bind his principal, viz, the executant, person claiming under the instrument, representing or assign with an admission of execution. In the power of attorney is in a language which the registering officer does not understand and which is not commonly used in the districts he shall require a translation of it to be filed with the document.

106. Presentation by unauthorised person.

- If the registering officer finds that the person presenting the document is not legally authorised to present it he should endorse on the document "Presented by .................. who is not legally authorised to present it returned". An entry of the occurrence should at the time be made in the minute book. Section 23A of the Indian Act. does not authorise a registering officer to accept presentation by an improper person but is only enacted to rectify errors already made.

107. Official exempt.

- An officer of Government or other officer mentioned in section 88 is not required to appear at registration office in any proceeding connected with the registration of any instrument executed by him in his official capacity. Consequently, if entitled to present such a document for registration, he may transmit it to the proper registering officer either through a messenger or by post. It would probably be held that the words "executed by him" would be constructed to mean also "executed by the predecessor in interest whether that predecessor in interest were an official or not", but the section does not exempt an official from appearance at a registration office in connection which a document executed not by but in favour of him or his predecessor in interest.

108. Registration of documents in which Sub-Registrar interested.

- Sub-Registrars are prohibited from registering documents in which they are personally or otherwise connected or interested. Such documents can be registered by District Registrars without extra fee.Procedure on acceptance

109. Procedure on acceptance for registration-Identity of persons appearing.

- When a document is accepted for registration the prescribed fees should be levied and the necessary entries made in the fees book. The counterfeit receipt should then be prepared and the receipts for the document and the fees delivered to the presenter. The registering officer should then, with as little delay as possible, enquiry whether the document was executed by the alleged executant and satisfy himself as to Identity of the person appearing before him to admit execution he should also satisfy himself, that the person admitting execution has read and understood the contents of the document and should if the person is illiterate or cannot read and understand the documents will explain the nature and contents to him. If the presenter be the executant or his representative, assign or agent, and if such executant, representative, assign or agent be present, the registering officer shall make the necessary enquiry at once.When the registering officer is not personally acquainted with executants he shall require them to produce persons to testify to their Identity such persons, shall, if possible, be persons known to the registering officer personally, or failing these, persons of apparent respectibility. Any distinctive physical peculiarity or marked deformity in a party or witness should be noted in the endorsement. But a descriptive roll need not be recorded except in suspicious cases. This procedure must be in addition to, and not take the place of, the procedure required by section 34, that the registering officer shall satisfy himself of their identity. Such descriptive rolls afford in themselves no proof of identity.

110. Identity of obscure and unknown persons.

- The registering officer must take care that the witness is really able to identify the person to be identified. To this end the witness should be clearly and specially asked whether that person is or is not the person he processes himself to be. and what the nature of his........... the witness...................acquaintance with that person is. The testimony of an indentifying witness should be rejected if he has had no personal acquaintance with the person identified but has merely been told his name for the purposes of that identification. Care should be taken that identification does not become a trade among the petition writers, menials and hangers on of the office. The testimony of persons who make such a trade should not be accepted.

111. Identity of pardanashin.

- In the case of documents executed by pardanashin ladies, registering officers should be careful to obtain an admission of execution from the executants own lips. The mere statement of the relatives or other persons accompanying her is not sufficient. The lady should be seen and identified by some person acquainted with her appearance, and the name and relationship of such person to the executant should be noted in the endorsement. The terms of the documents should be explained to the executant and if while admitting executions the objects to any of the terms such ejections should be noted. The instructions apply to the case of all documents executed by pardanashin ladies, whether registered at the registration office or on visit or by commission at the executant's residence.

112. Admission by identification of executants.

- If the execution by the alleged executant is admitted and the registering officer is satisfied on the points laid down in rule 109 he should record in one or other of the forms given in rule 185 and such endorsement should be signed by the registering officer, the executant, and all the witnesses. examined: but no such endorsement is necessary on a copy of decree or order of a certificate sent under section 89 of the Act.

113. Thumb impressions.

(1)In addition to all or any of the directions laid down in the Act or Rules made thereunder for securing the identification of executants of documents registering officers shall take the thumb impressions of all executants of documents, whether personally known to them or not. in the following cases:
(1)Registrations under section 17. clauses (a), (b), (c), (d) and (e) of the Act.
(2)Registrations under section 18. clauses (a), (b) and (c) of the Act.
(3)Powers of attorney authenticated under section 33.
(4)Of all pardanashin women.
(2)This rule may be relaxed only in the case of persons of position, regarding whose identity there can be no doubt or room for suspicion and in the case of persons suffering from leprosy or similar highly contagious disease notwithstanding that such persons are not personally known to the registering officer. In the case of pardanashin women, the impression shall be made either in the presence of the registering officer or of the person who identifies the women, and in the latter case the name of the person who takes the impression should be noted. A note shall be made in the register and on the document of the fact and grounds of relaxation of the rule.
(3)The impression taken shall be of the left thumb. If the left thumb be defective or injured, the right thumb or any other digit may be used, and a note made in the register and on the document, of the particular digit employed. If none of the above methods be possible special care should be taken that the directions contained in rule 109 are strictly complied with.
(4)The impression shall be taken (1) on the document, in a clear space immediately under the signature of the executant to the endorsement required by section 58 of the Act. and (2) in Register no. VIII (Form No. 8, Appendix 1), which shall be maintained in all registration offices.
(5)The apparatus to be employed will be supplied by the office of the Inspector General of Registration, and shall ordinarily consist of a tin box containing (1) a roller, (2) a tin plate, (3) a pot of printer's ink. and (4) a phial of turpentine.
(6)The mode of taking impressions is as follows:
(a)A small quantity of ink should be applied to the plate and worked with the roller till it forms an even layer on the surface, which must be so thin as to allow the plate to show through it.
(b)The executant's left hand should be taken and the ball of the thumb, after being wiped, should be laid on the inked plate and rolled from side to side (not rubbed) and pressed gently, but firmly with the operators own hand until sufficiently inked, and the inked finger should then be placed and lightly and carefully rolled on the paper on which the print is to be taken, in such a way that the pattern of the whole ball of the thumb, from side to side, is clearly impressed on it. It must be specially borne in mind that any reverse movement, either at the time of applying or removing the thumb, will cause a smudge and spoil the impression.
(c)The roller and plate must be thoroughly cleaned daily.
(7)Some difficulty is occasionally experienced in obtaining satisfactory thumb impressions when the executant is a pardanashin woman or an ignorant agriculturist. In such cases it is advisable to take first a few impressions on a piece of waste paper and not to take an impression on the document or on the register until the executant and the operator (when as in the case of a pardanashin woman, the registering officer is not the actual operator) are fully acquainted with the method to be employed. In cases when the thumb impression taken on the document or on the register is blurred or indistinct, a second or, if necessary', a third impression should be taken alongside the first, a note being made in the register and signed by the registering officer whenever more than one impression is taken on the document itself.

114. Enquiry as to consideration.

- It will be observed that the endorsement just mentioned is to contain, amongst other particulars, any payment of money or delivery of goods made in the presence of the registering officer in reference to the execution of the document, and any admission of receipt of consideration, in whole or in part, made in his presence in reference to such execution. Although the registering officer is required by law to question the alleged executant as to the fact of execution, he is under no legal obligation to question him as to the fact of receipt of consideration. At the same time such questioning would not be inconsistent with the provisions of the Act.

115. Summons for appearance of executants or witnesses.

- If the alleged executant or his representative, assign or agent be not present, and if it be necessary to summon such person or any other person whose presence or testimony is necessary, where the registering officer is also either a Judge or Revenue Officer he shall issue processes as such Judge or Revenue Officer, as the case may be. Where the registering officer is neither a Judge nor a Revenue Officer, the necessary process shall be issued by the Tehsildar within whose revenue jurisdiction, the office of the registering officer is situated. The appearance by the executant before the registering officer must be within the time, prescribed in section 34 of the Act.

116. Law as to summoning attendance of witnesses.

- The law in force as to the summoning and attendance of witnesses is contained in Order XVI. Schedule I of the Code of Civil Procedure and the rules in force for the remuneration of witnesses for Civil Courts subordinate to the High Court of Rajasthan.

117. Attendance for presentation of documents.

- All documents must be presented by a person entitled to present them, to a registering officer and not to a Commissioner.Ordinarily a document must be presented at the office of registration, but in the circumstances mentioned in section 31. it may be presented at the residence of the person wishing to present it.

118. Issue of commission under sections 33 and 38.

- When a document has been presented to a registering officer, he may issue a commission under the circumstances laid down in the Act or verify a power of attorney under section 33, or to examine an executant to witness under section 38. The issue of a commission to a registration muharrir is absolutely prohibited except in cases of extreme urgency. In every case of the issue of a commission by a departmental subregistrar. he should report to the District Registrar, the name and the position of the person to whom it was issued, and the reason why he did not proceed to the spot himself. The order shall be briefly endorsed on the document in words to this effect."A commission is hereby issued under section 33 or 38 of the Indian Registration Act. XVI of 1908 to (name and the designation of the Commissioner), for the purpose of enquiry whether this power (or document) has been executed by A.B. son of C.D. of by whom it purports to have been executed."

119. Commissions and visits to persons residing outside district or sub-district.

(1)If the person to be examined under section 38 he not resident within the district or sub-district of the registering officer, a commission shall be directed to the District Registrar of the district in which such person resides, who may redirect to the subregistrar, who may, if he cannot personally attend, redirect it to any other person. The travelling allowance will be transferred to the registering officer to whom the commission is addressed.
(2)A Sub-Registrar must not attend a residence situated outside this sub-district for any of the purposes of a visit without the permission of the district registrar, and this permission should not be granted unless the District Registrar is satisfied that attendance at his own office, or at the office of the sub- Registrar by some duly qualified person would involve very exceptional inconvenience.

120. Return of commission.

- When the commission has been executed, the Commissioner shall return the document to the office from which it was issued with a report which will be endorsed upon the document in the following form:"Having visited the residence of A.B. son of C.D. at I have this day examined the said A.B. who has been identified to my satisfaction by E.F. Son of G.H. admitted (or denied) the execution of this power (or document) and the receipt of the consideration (or part of it).Full signature of executant.Full signature of witnesses.Full signature of Commissioner."

121. Examination of witnesses by Commissioner.

- A Commissioner may examine witnesses in the same manner as a registering officer, and persons refusing to give testimony to a Commissioner on being required to do so, shall be subject to the penalties and punishments which they would incur for the same offence if committed in a registration office. It shall be competent to a registering officer to examine the Commissioner personally in his office touching any of the circumstances connected with the discharge of his commission, specially with reference to the voluntary nature of the admission of execution.

122. Procedure on denial of execution etc.

- If the person by whom the document purports to be executed, denies its execution, or if he appears to the registering officer to be a minor, an idiot or a lunatic or if he be dead, and his representative or assign denies its execution, the registering officer, if a sub-registrar is bound to record an order of refusal to register. A sub-Registrar, on any such denial, has no authority to enquire into the fact of execution but a District Registrar may do so either on appeal from the order of the sub-Registrar under section 73 or when the denial is made before him under section 74.

123. Copies of reasons for refusing to register.

- Section 71 of the Act prescribes that when a sub-Registrar refuses to register a document except on the ground of jurisdiction, he shall make an order of refusal and record his reasons in book No. II and endorse the words "registration refused" on the document. On application made by any person executing or claiming under the document, the Sub-Registrar shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. The words "without payment" refer to copying fees and not to stamps.

124. Procedure when there are several executants.

- When a document purports to have been executed by more than one person, the process described above must be observed in the ease of each: but it is not essential that all the alleged executants should appear before the registering officer simultaneously. The identification and admission of as many as are present should be at once recorded and registration of the document be postponed until the appearance sub sequently. of the others. In such case, a single fee will be charged, and not a separate fee for each executant or appearance.

125. Registered document to whom to be returned.

- On accepting a document for registration, the registering officer shall ascertain from the presenter whether on registration it should be returned to him. or to some other person named by him, by post. If he desires the document to be returned by post he should be asked to make an endorsement to that effect on the back of the receipt issued to him under section 52 of the Registration Act, giving the full address and the name of the nearest post office and to deposit full amount of fees as to cover the cost of transit charges. If the presenter has registered two or more documents at the same time and desires them to be returned together by registered post to the same addresses, the rate for additional document should be the actual amount of postage required for their despatch. The fee shall be shown in red ink in column 18 of the fee hook and credited into the treasury by the registering officer. When the document has been copied out it should he placed in a strong cover by the registering officer himself which should be sealed in his presence and sent to the presenter or to the person named under a service registered cover, the postal receipt for the cover will be kept with the registering officer until the postage acknowledgement receipt bearing the signature of person receiving the document with date is duly received. The delivery acknowledgment (the yellow receipt) with the receipt under section 52 shall be pasted to the counterfoil and the postal white receipt will be destroyed. If the delivery acknowledgment is not returned within a fortnight, a reminder should be issued about it to the post office concerned. Documents returned underlivered by post shall be entered in the list of unclaimed document after one month from the date of their return and shall be dealt with exactly as other unclaimed documents. A register in Form No. 19, Appendix 1 shall he maintained in all offices for documents sent by post and notes about their return by the post office and delivery thereafter to proper persons shall be made in the columns provided in the register.Procedure on Admission to Registration[126. Procedure when a document is admitted to registration. - When a document has been admitted to registration, it should be made over to the registration clerk for reporting about it being properly and sufficiently stamped looking into its correct nature and correct market value. The registration clerk shall also ensure that a true or photostat copy is attached therewith which is exact copy of the original document and in case of photostat copy is in bright indelible ink of good quality so as not to fade. In case of non-photostat true copy, it shall be ensured that all interlineations blanks, erasures and alterations which appear in the original have been noted in the manner laid down in rule 56 and duly attested by the executant as in the original one. The registering officer should see that no unnecessary delay occurs and that the documents are always entered in the order of their admission. All such entries must be authenticated by the registering officer daily.] [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;]

127. Certificate of registration.

- The certificate of registration required by section 60 shall he endorsed on the document registered according to Form F of rule 185 and shall be signed by the registering officer and sealed with the seal of his office. It shall contain the serial number of the entry and the hook, volume and page where in the document has been registered as well as the date of registration which it may he explained, is the date on which the instrument is copied into the register, and not the date on which it was presented for registration.

128. Return of document after registration.

- Registration officer should see that documents are promptly returned after registration to the presenters or other person authorised to receive them, and the accumulation in the registration office of registered document avoided as much as possible. Owners of documents should he informed of the date and hour at which their documents will be ready for return and the documents should be then ready for return. Every document presented for registration early in the day should, as a rule, be registered and returned on the same day. If at the end of a month, a document remains unreturned and the owner has not appeared to claim it. the registering officer should proceed in the manner laid down in rule 22, Sub-Registrars should report to District Registrars the number of documents undisposed of within three days from the date of presentation in Form I, Appendix III Vol. II.[128A.(i) Notwithstanding anything contained in the foregoing Rules, in case where there is more than one Sub-Registrar having concurrent Jurisdiction in a sub-district, all non-testamentary documents. relating to immovable property mentioned in clauses (a) (b) (c) (f) and (g) of Section 17 and clause (a) and (b) of Section 18 of the Act, shall he presented for registration in the office of a Sub-Registrar to whom such document has been marked by the Registrar or the collector or any other officer authorised by the Collector for this purpose. The instructions/guidelines shall be issued by the Inspector General for marking the documents.
(ii)After completing all the formalities and recording the endorsements as required by Section 34, 35 and 52 to 59 of the Act and the provisions of the Indian Stamp Act, 1899 as adopted to Rajasthan, the Sub-Registrar other than the whole time Sub- Registrar shall forward the documents to the office of the whole time Sub-Registrar for recording the certificate of registration and marking necessary entries in the books and relevant records: The document shall be returned to the party after making necessary entries in the relevant record.]

Part VIII – Applications for inspection, search or copies

129. Inspection and search and grant of copies.

- Section 57 of the Act provides for:-(a)Inspection of Book Nos. I and II and of the indexes relating to Book No. I by any person desirous of inspecting the same. The foregoing books and indexes being open to inspection (on payment of the prescribed fee) by any member of the public, it follows that nay person desiring information as to their contents may employ any other person to make the necessary inspection.(b)Searches for entries in Book Nos. III and IV to be made only by the registering officer as a preliminary to the grant of a copy, on the applicant of certain classes of persons specified in clauses (2) and (3).(c)The grant of copies of entries:-
(1)In Books I and II and the indexes relating to Book No. I, to all persons applying for such copies,
(2)In Books III and IV and the indexes relating thereto to certain classes of persons specified in clauses (2) and (3).

130. Applications how to be made.

- All applications for copies, inspections and searches shall be made in writing to the registering officer. The applications for copies shall be made in Form No. 12 of the Appendix 111 and bear a court-fee label of one anna under Schedule II of the Court Fees Act, 1870, as adopted to Rajasthan, but no court-fee is leviable on applications for searches and inspections.Applications for searches to be made in Book Nos. III and IV under the provisions of section 57 of the Act, and applications for copies of entries made in Books I, II, III and IV may be presented personally or by post. When an application is made by post, the applicant shall at the same time remit to the registering officer by money order, the Amount of the fees chargeable on account of the copy of search desired, together with the amount of the fees, if any, chargeable under the Indian Stamp as adapted to Rajasthan.All applications for inspections and searches will be made in Form Nos. 12, 13 and 14 of Appendix III. All applications in Form Nos. 12, 13 and 14 shall state the applicants full address and whether he desire the copy, result of search or encumbrance certificate to be sent by post or Will attend in person or receive it through another person nominated by him in that behalf.In case the applicant desires the search certificate or copies of entries made in Books. I, II, III and IV to be sent to him by registered post he shall with his application a properly stamped and addressed registration (postal) envelope with a properly addressed acknowledgment receipt. The registering officer shall send the certificate or copies, as soon as ready, in the registered cover provided for the purpose and paste the post office receipt as well as the acknowledgment receipt on the corresponding counterfoil of the receipt book. If the postage stamps supplied by the applicant are insufficient the required papers including the postal cover supplied will be sent in another cover per bearing post. The fact that an envelope has been received with the application shall be noted as soon as the application is entered in the register in the column of remarks in Form No. 10 (register of application for copies) or Form No. 11 (register of searches) Appendix I. as the case may be.

131. Forms of applications.

- Copies of the prescribed forms of applications for copies, inspections and searches may be obtained at six pies each from licensed deed-writers and stamp-vendors to whom such forms will be issued by the registering officer in quantities of not less than ten of each kind at a time at the rate of Rs. 2/8/- per hundred. Forms will also be procurable from the registering officer at six pies each in case there is no licensed deed-writer or stamp vendor near the office or he has no stock for sale to the public. The registering officer shall maintain an account of the sale of these forms in the register of salable forms (Form No. 20. Appendix 1) and shall issue receipts for the sale proceeds in Form No. 9, Appendix 1, showing distinctly the amount of the sale proceeds against the items "Miscellaneous" therein and enter the amount in the register of fees (Form No. 14. Appendix I) as the amount of sale proceeds of forms will be credited to a head different from that to which registration receipts are credited, entries on account of the sale proceeds of forms should be made in the fee book, a separate total being struck for the daily sale-proceeds of forms. Every entry of sale of these forms: must be recorded In the said register (Form No. 20, Appendix 1). The register in Form No. 20 Appendix I shall also be maintained in the Inspectors Office which will issue these forms to sub-registrars only. Columns 7, 9 and 11 will remain blank in his register.

132. Particulars to be stated in application for inspection.

- Every application for inspection shall state the year or years in the hooks of which inspection is desired.

133. Particulars to be stated in application for search.

- Every application for search shall state the year or years In the books of which search is desired to be made, together with such further particulars as are necessary to enable the registering officer to identify the entry sought for. It shall also contain such further information as is necessary to satisfy the registering officer that the applicant is entitled under clause (2) or (3) section 57, to require a search to be made, and the registering officer may require such proof, if any, as he considers necessary, of the correctness of such information.

134. Application for and grant of copy.

(1)Applications for copies will be made in Form No. 12, Appendix III. All applications for copies which are received by the registering officer must be shown in the register of applications for copies (Form No. 10, Appendix I), A note must be made in column II against all applications which required amendment or completion by search or inspection.
(2)In case insufficient particulars are given in an application received by post for a copy of a document in book I or II, the subregistrar should intimate the fact to the applicant and direct him to attend in person or authorise some other person to make an inspection.

135. Application for copy of entry in Book III or IV to contain certain information.

- Every application for a copy of an entry in hook III or book IV. or in the indexes relating thereto, shall also contain such information as is necessary to satisfy the registering officer that the applicant is entitled under sub- sections (2) and (3), section 57, to claim the copy, and the registering officer may require such proof, if any, as he considers necessary of the correctness of such information.

136. Procedure to be adopted when above information cannot be furnished.

- A person desirous of obtaining a copy of an entry in book III or IV, or in the indexes relating thereto, should, if he is unable to furnish the necessary particulars apply to the registering officer to search for the entry. Applications for a search for an entry and for a copy of the entry when found, may be made simultaneously and in a single application, bearing a court fee label of one anna and the same fees will be charged as would be chargeable on two separate applications. The registering officer is not required to search for entries other than those in books III and IV, or in the index relating thereto. If, therefore, a person desirous of obtaining a copy of any other entry is not able to furnish such particulars as are necessary to enable the document to be traced without search, he should obtain the necessary information by inspecting the records or causing them to be inspected on his behalf.

137. Copies of documents wrongly registered in Book III or IV.

- A copy of a document registerable in book I but inadvertently registered in book III or IV can be granted only to the persons referred to in clauses (2) and (3) of section 57 unless and until the entry is transferred to the right book under rule 157.

138. Court-fee stamps on applications to be punched.

- The court fee stamp on every application received shall be immediately punched by the receiving officer, who shall add his initials and the date under it, and enter the application in the appropriate register (Forms 10, 11, and 12, Appendix 1). All applications of the same class should save as provided by rule 140 be dealt with intense strictly in the order of receipt. Applications for copies received in the forenoon should, as far as possible be complied with the same day and those received in the afternoon on the next day, and should have precedence over the documents remaining to be copied in the registers. Urgent copies shall have precedence over ordinary ones and must be furnished with as little delay as possible. Sub-registrars will be responsible for seeing that no application for an urgent copy remains unattended for more than 24 hours.

139. Instructions in respect of inspections.

- Applications for inspections of records should be dealt with as early as possible and, as a rule, on the date of presentation: if it be necessary to postpone the inspection, the reasons should be noted in the column of remarks of the register of inspections (Form No. 12, Appendix I). Persons inspecting records shall not be permitted to bring pen and ink to the room, pencil notes may however be made. Inspections shall take place in the presence of the registering officer or, in the case of district Registrars offices, in the presence of the chief registration clerk. In all cases due precautions should be taken to prevent tampering with the records.

140. Instructions in respect of searches.

- Applications for search should be dealt with as early as possible, and as a rule, on the date of presentation, if it be necessary to postpone the search, the reason should be noted in the column of remarks of the register of searches (Form No. 11 Appendix I.)

141. Applicant to be informed of the order made on application or search.

- If the search required is one which cannot under clause (4) section 57, be claimed by the applicant or, if the application does not contain sufficient information to enable the required entry to be identified, or if the registering officer considers it necessary to require proof of the correctness of the information referred to in rule 133 he will inform the applicant personally if in attendance, or by service paid post if he is not present, of the order passed on his application, and will note in the remarks column of the register the date of such intimation.

142. Applicant to be informed of the result of search.

- Upon the completion of the search the registering officer will intimate to the applicant whether the required entry has been found, or whether the search has proved fruitless. In the latter case the fee for search shall not be refunded, but the applicant shall be entitled to receive, if he wishes, a certificate that the entry sought has not been found, the year or years in the books of which search has been made being specified. In the former case he shall be permitted, if present, to read, or to have read to him, the entry for the finding of which the fee has been paid, and may be permitted to take notes thereof in pencil only, due precautions being taken to prevent any tampering with the registers.If the applicant is not in attendance, the required intimation will be sent to him by post service paid. The date of intimation will be entered in column 8 of register of searches (Form No. 11 Appendix I). If the application for search has been accompanied by and application for a copy, and the entry of which the copy is required has been traced the requisite particulars should forthwith be noted on the application for copy, which shall be dealt with in the order in which it would have received priority if presented at the time at which such entries are made. The date of entry of such particulars will be noted in column 5 of register of applications for copies (Form No. 10, Appendix 1).

143. Application for and grant of copy.

- Upon the receipt of an application or copy, containing the particulars and information required by rules 134 and 135 the registering officer shall sanction the application, unless it is one which should be refused under section 57, in which case he shall record the reasons for his refusal, on the application, the applicant being informed personally, if he is in attendance or by post service paid if he is not present. If the entry cannot be found or if the application is refused on the ground that it does not contain the particulars or information required by rules 134 & 135 or if the registering officer considers it necessary to require proof of such information, the nature of and reason for the order passed will be intimated to the applicant in the foregoing mariner. The date of such intimation will be entered in the remarks column of register of applications for copies (Form No. 10, Appendix 1).

144. Manner of intimating amount of fee chargeable for searches or copies of maps and plans.

- In the case of maps and plans for which no fees are fixed, the amount of the fee that will be charged will be intimated to the applicant in the foregoing manner, the date of intimation being entered in column 11 of the register of applications for copies (Form No. 10, Appendix 1).

145. Applications without sufficient fees.

- In the case of an application for search or for copy presented by post and not accompanied by a sufficient fee, the registering officer shall intimate to the applicant by service paid post the amount of the fees required including the fees, if any, chargeable under the Indian Stamp Act. as adapted to Rajasthan and shall allow him a period of fifteen days within which to make good the deficiency. If at the end of such period the deficiency is not made good, the application shall be rejected. The date of intimation of the fees to the applicant will be entered in column 11 of the register of applications for copies (Form No. 10. Appendix I).

146. Refund of copying fees.

- If for any reason a copy, the fees for which have been paid, cannot be furnished to the applicant, he shall be entitled to a refund of the fee for the preparation of the copy, but not of the one anna court-fee affixed to the application. Similarly, if in any case the sum paid by an applicant on account of a copy exceeds the amount chargeable on account of such copy, the applicant shall be entitled to a refund of the excess. Such refunds shall be obtained in the manner prescribed by rule 79.

147. Rules for granting and refusing inspections, searches and copies of entries in registers, indexes and miscellaneous proceedings.

- The rules for granting or refusing copies and searches of the registers and indexes are contained in section 57. Copies of official letters are not to be given as a mere matter of course. A copy of a report submitted to superior authority should not as a rule be given to the party concerned. Neither should copies of official letters from supreme authority be ordinarily given. Copies of miscellaneous proceedings between parties before registering officers should however not be withheld. This does not of course apply to correspondence and proceedings between officials, but only to proceedings before a registering officer to which any of the public or parties. These may conceivably be cases in which it might not be advisable to issue copies, and if such arise, they should he referred to the District Registrar for orders.

148. Copies of documents etc. to be stamped.

- Registering officers must be careful to see that the provisions of the stamp law, for the time being in force, are complied with in respect of copies of documents which they may furnish to applicants. A copy given under section 57. requires to be stamped under the Indian Stamp Act, as adapted to Rajasthan with reference to the duty chargeable on the original document.Copies given under sections 57 and 71 of the Act and copies of proceedings, orders and deposition etc., recorded by registering officers requires to be stamped under the said Act. Copies of proceedings, orders or depositions taken or made by District Registrars under and for the purposes of sections 480 to 482 of the Code of Criminal Procedure, require to be stamped under the Court Fees Act, 1870, as adapted to Rajasthan.

149. Applications to be filed in yearly bundles.

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

150. Inspection and search by Government officials.

(1)Free searches shall be allowed by registering officers in the following cases:-
(a)When ordered by Collectors or sale officers in connection with encumbrances on ancestral property the sale of which has been ordered in execution of Civil Court decree.
(b)When ordered by a Court in respect of security bonds filed by or in favour of a person bound under sections 106, 107, 109 and 110 Code of Criminal Procedure.
(c)When ordered by the head of a Government office in respect of security bonds filed by the Government officials for due discharge of their duties or in connection with encumbrances on the property pledged as a security for the house building advances granted to Government servants.
(d)When ordered by district officers or tehsildars in respect of matters connected with taccavi loans or the acquisition of land under the Rajasthan Land Acquisition Act. 1953, or by Income-tax officers in connection with the assessment of income-tax.
(e)[ When ordered by the Land Valuation Officers of the Cooperative Land Mortgage Banks and such other officers working in the Central Co-operative Banks, and appointed as agents of the State Central Land Mortgage Banks, in connection with the collection of sales statistics of immovable properties] [Notification dated 29-7-1959, Published in R.G.G. Part IV-C, dated 20-8-1959;].
(2)All searches under this rule shall be made by the registering officers themselves, except in case (d) where inspections, subject to the restrictions contained in section 57 shall be permitted to be made by any person nominated on this behalf by the requisitioning authority.
(3)Registering officers are also required to make searches themselves for encumbrances in connection with security bonds executed by municipal or district boards' employee or by Court of Words officials when requisitioned by the Head of their departments if such requisitions are accompanied by the requisite search fees.
(4)In all other cases the District Registrar may decide whether search may be made free of charge by the registering officer if a requisition is received for bona fide public purposes from a Government office or court. Search made by the registering officer under this rule may extend to books I and II and both corresponding indexes as well as to books Nos. III and IV and their indexes.
(5)The result of such searches shall be intimated in writing and signed by the registering officer. The requisition and this intimation shall state the particulars of years and books under search.

151. Copies to be examined and certified as true copy.

- No copy of an entry in the registers or indexes granted under section 57 or of reasons for refusal to register granted under sections 71 and 76 of the Act, or of miscellaneous papers for proceedings of which copies may be issued under rule 147 shall be delivered to the applicant until it has been signed by the person who made it and, where possible, also by another person, who has compared it with the original and ascertained that it is correct and until it has been certified to be a true copy by the registering officer. In offices where there are two or more Clerks copies made by one clerk will be examined by another. Where there is only one clerk the registering officer must himself examine the copies and sign as having done so before certifying them as true copies.

152. Re-registration for error of description.

- Re-registering of a document may take place under three circumstances, the first is, where a deed is altered after registration y consent of parties, to correct an error of description and in furtherance of their original intention. Such alteration, in effect makes the document a new one, different from the one already registered, and if it be a document falling under section 17, re-registration becomes obligatory.Corrections in sale certificates and deeds by an order or decree of the court under section 31 of the Specific Relief Act or sections 152 and 153 of the Civil Procedure Code should be made in the file books, registers and indexes in their proper places.

153. Supplementary instruments to correct errors of description.

- Another mode of correcting a mis-description in a registered document is to draw up a supplementary document reciting the error in the former one, and the correction now intended to be made, and to register this document also. The supplementary' document will require to be treated in every respect the same as the original, and would he liable to the same fees, subject to a maximum of rupees four as laid down in the Table of Fees Article IV. Stamp duty on the document shall be chargeable according to the provisions of the Indian Stamp Act as adapted to Rajasthan.

154. Re-registering when a document has been executed by several persons at different times.

- Another way in which a document may require to be registered more than once, is where it purports to be executed by several persons but at the time of first registration had in fact been executed by some only off those persons. If after registration the other persons also execute, the document must be registered afresh but in the latter case limitation will run, under the Proviso to section 23, not from the date of the document, but from the date of the last execution.

155. Re-registration under section 23A.

- The third way in which document may be re-registered is as permitted by section 23A of the Act.

156. Procedure on registration.

- Wherever a document is re-registered, it will be treated in all respects as if it were an entirely new document, and must be recopied, in its altered form in the proper register, and the full fees levied. If there be not sufficient room on the back of the document for the new set of endorsement required, owing to its being already occupied with the endorsements recorded at the first Registration they may be written or continued on a separate place of paper, as provided for in rule 184.

157. Entry in wrong register.

- (i) In the event of a document being registered in a wrong register, the registration shall stand, but the District Registrar shall on a report being made or in his own initiative after fully satisfying himself of the fact direct that the copy of the document with the endorsement and the certificate thereon shall be transcribed in its appropriate register without further charge. A document so copied shall be given the number assigned to the last previous document in the book to which it is transferred with the letter "A" affixed.
(ii)A certificate in the following form shall be entered in the endorsement column of the register to which the entry is transferred and on the document below the former certificate, the document being sent for if it is not in the office:
Registered again under the orders of the District Registrar.No......... Dated ............19 as document No. A of pages in BookDated.........19Signature of registering officer.
(iii)A similar certificate shall be entered in red ink at the foot of the original entry of registration with the words "wrongly" registered in this book "prefixed."

158. Issue of notice.

- The registering officer shall, on receipt of the District Registrar's order directing the registration under the foregoing rule issue a notice to the claimant under the document informing him of the defect in registration and requiring him to produce the original document. If the document is produced the procedure laid down in rule 157 shall be followed. If the document is not produced no action need be taken.

159. Registration in wrong office.

- (i) Where by inadvertence a document is registered in a wrong office, the registering officer shall inform the executing and claiming parties of the fact and advise them to apply to the District Registrar for a direction under section 68 for its registration afresh in the proper office.
(ii)Where the proper office of registration is in a district other than that in which the office of wrong registration is situated, the application shall be made to the District Registrar of that other district.
(iii)When a direction is so issued to a Sub-Registrar, he shall register the document without the levy of any fee and in the endorsement of presentation shall refer to the orders of the District Registrar.
(iv)The registering officer in whose office the document was originally registered shall in any case foreword to the proper office, free of charge, a copy or a memorandum of the document in accordance with the procedure prescribed by sections 64 to 66 and the receiving officer shall file the copy or memorandum in his file book No. 1.

160. Liability for loss to Government.

- A registering officer [and/or the registration clerk] [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;] will be held liable for any loss to Government [including loss of registration fee and stamp duty] [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;] which may arise from neglect on his part in the registration of a document, the making of a search or the grant of copy of a document.Special Registrations under Section 89

161. Special registration of loans under the Rajasthan Taqavi Rules.

- [(1)] [Notification Published in R.G.G. Part IV-C, dated 1-7-1976, p. 162;] Section 89 of the Act, enacts that every officer granting a loan shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole or any part of the land to be improved or of the land to be granted as collateral security, is situate, and such registering officer shall file copy in his book (file book) No. 1.
(2)[ When a loan is sanctioned by a bank, it shall send within a week and by a registered post a copy of the instrument whereby immovable property is mortgaged for the purpose of securing repayment of the loan] [Notification Published in R.G.G. Part IV-C, dated 1-7-1976, p. 162;].

162. Effect of the above.

- Section 89 of the Act. prescribes a special mode of registration of certain classes of document. The effect of the provisions of this section is three fold-
(i)they render obligatory the registration of all documents of the classes above-mentioned, without regard to value:
(ii)the obligation to register is imposed upon the officer [or the bank] [Notification Published in R.G.G. Part IV-C, dated 1-7-1976, p. 162;] granting the loan or the Court or Revenue Officer granting the certificate (as the case may be), and not upon the person to whom the loan or certificate has been granted or the person claiming thereunder:
(iii)a particular mode of registration is prescribed: Revenue Officer [or the bank] [Inserted by ibid.] is to send a copy of his order, or of the instrument securing re-payment of the loan, to the registering officer having jurisdiction, in like manner the Court or Revenue Officer is to send the registering officer a copy of the certificate of sale: the registering officer will then file such copy in his book (file book) No. 1 and this is sufficient registration for all legal purposes.

163. Separate registration of such documents by parties is quite voluntary.

- It may be explained further that, although the law Squires that documents of the kinds under notice shall be registered by Revenue Officers and courts; and not by the parties, there is nothing to prevent the holder of such a document, or any person claiming thereunder, from taking it, within four months from its date to a registering officer having jurisdiction for registration in the usual way. irrespective of any separate registration effected by the Revenue Officer or Court; but every such second registration voluntary and in all such cases the registration is to be treated as optional and classed as such in the periodical returns (Miscellaneous registrations other than certified copies of decree and order of court of the annual statement).Registration and authentication of documents presented in duplicates

164. Document presented for registration in duplicate.

(1)When two or more copies of a document are presented for registration at the same time the original document shall be registered in the ordinary manner a note being entered on the original as regards the number of duplicates registered.
(2)The registering officer shall treat the duplicates as such, if they are exact reproductions of the original, bear the same date and are certified by the executing parties to be true and exact copies of the original. Such copies shall be examined with the original, and should any discrepancy be detected the presenter shall be required to reconcile it before the document is accepted for registration. If the original contains a map or plan or any other annexure a copy shall be annexed to each of the copies to be registered.
(3)Each such copy shall be separately numbered in the fees book and the register but it will not be necessary to copy the whole document more than once in the register. So far as such copies are concerned only the serial numbers and the endorsements including the stamp vendor's endorsements, if any, shall be copied in the register below the copy of the original document, and the certificate of registration on the original and on the copies shall mention all the pages of the volume occupied by the entries which relate to the original and the copies. Each copy of the document shall bear the same endorsements as the original with necessary change as to the serial number and also the following additional endorsement:Duplicate (or triplicate or other copy) of serial No.Difference between the original and the duplicate (or triplicate or other copy)Interlineations, blanks, alterations, erasures in this:Compared byReader..................Examiner................Signature of the registering officer.Date........
(4)The duplicate or the triplicate of a power of attorney presented for authentication shall be treated as a separate power and a separate attestation fee levied thereon, but it shall not be necessary to abstract the power more than once in the register of powers of attorney (book No. VI). So far as the duplicate or the triplicate copies are concerned, only their number, together with the value of stamp, shall be noted in appropriate places, a note being at the same time made in the column for abstract to the effect that it is a duplicate, triplicate or other copy of power No........... abstracted in page...........

165. Stamp duty and registration fees on the duplicate copies.

- Stamp duty on each duplicate copy is chargeable according to the provisions of the Rajasthan Stamp Law (Adaptation) Act, 1952 and registration fees will be levied at special rate laid down in Article IV of the table of fees.Appeals and applications to the District Registrar under sections 72 and 73 of the Act

166. Appeals and applications to the District Registrar under sections 72 and 73 of the Registration Act.

- When application is made to a District registrar to revenue the order of a Sub- Registrar refusing to admit a document to registration, the District Registrar should examine it to see, first, whether it was made within time. i.e. 30 days after the date of the order, and secondly, whether it was of the nature of an appeal under section 72 or of an application under section 73. If the application be brought within time, and be of the nature of an appeal under section 72. the District Registrar shall pass such orders thereon as seem to him proper under the circumstances. If it be made within time, and be of the nature of an application under section 73, an application to establish a right to have a document registered on account of denial of execution, the District Registrar must make the inquiries prescribed in section 74, and pass an order accordingly. This is an obligation imposed upon him by law, which he is not at liberty to avoid by referring the applicant to a Civil Court.

167. Reasons for refusal to be recorded.

- Every District Registrar rejecting an appeal made under section 72, or refusing to direct registration of a document on application made under section 73, should record his reasons for doing so in the usual manner in his book No. II.

168. Records of proceedings before the District Registrars.

- Every record of proceedings under the Act before a District Registrar will be prepared in accordance with the rules for Civil Courts subordinate to the High Court of Rajasthan.[168A. Register of appeals and applications. - Every District Registrar shall keep a register of appeals and applications filed before him under sections 72 and 73 of the Act in Form No. 23 given in Appendix I.] [Notification dated 25-8-1958. Published in R.G.G. Part IV-C, dated 13-11-1958;]

Part IX – Copies and memoranda of documents

169. Copies and memoranda of documents, how to be prepared.

- The Copies and Memoranda required by sections 64, 65, 66 and 67 of the Act shall be made on form Nos. 9 and 10. Appendix III, the names and additions of all persons executing and of all persons claiming under the document the nature and value of the transaction, and a description of the property affected by such transaction sufficient for its identification, being entered in the space in the forms provided for the transcription of the copy of a document. The "addition" of the persons concerned is the "Addition" as described in section 2 of the Act.

170. Hindi copies and memoranda to be sent to officers who do not understand English.

- When a District Registrar receives a copy under sections 65, 66 and 67 of an English document which requires that memoranda to be forwarded to sub-registrars who do not understand English the memoranda shall be prepared in Hindi and forwarded in that language to each of the subordinate sub- registrars within whose sub-districts any part of the property is situated. In each memorandum a description should be given of that part only of the property affected by the registered document which is situated within the sub-district to the Sub- Registrar of which the memorandum is sent.

171. Copies of memoranda to be sent through District Registrars.

- A District Registrar receiving a copy under section 65, clause I. shall cause the necessary memoranda for transmission to Sub-Registrars of his district to be prepared in his own office. The preparation and submission these memoranda should not be required from the Sub-Registrar by whom the document was registered. He is only required by section 65 to furnish a copy of the document with endorsement, certificate and map. if any. Copies under section 65 for District Registrars of districts not in the State of Rajasthan shall be forwarded through the District Registrar to whom the Sub-Registrar is subordinate.

172. Copies of memoranda forwarded to District Registrars to be translated into English.

- In forwarding to District Registrars of Districts not in the State of Rajasthan vernacular copies and memoranda so received as well as those relating to vernacular documents registered by themselves under section 66. District Registrars shall send with the copies and memoranda an English translation of their contents together with the receipt in Form No. II App. III.

173. Date of despatch to be noted.

- The date on which copies and memoranda are despatched shall be entered in the column provided for endorsement in red ink in the book in which the document has been copied or in the book in which the copy has been filed under section 65 or section 66.

174. Cost of transmission of copies and memoranda.

- The cost of transmitting copies and memoranda will be borne by Government. The registration fees include all charges, such as those for postage, paper, envelopes, etc. for transmission either within or outside the State.

Part X – Oaths

175. Oath or affirmation to be administered cautiously.

- The power vested in every registering officer by section 63 of administering an oath shall not be exercised unless the registering officer doubts the truth of any verbal statement made to him. For the purposes of this section an oath includes an affirmation under section 6 of the Indian Oaths Act (X of 1873).

176. Statements on oath affirmation, how to be recorded.

- Statements made on oath under section 63 shall not be recorded on the document to which they relate, but on separate sheets of paper, which shall be filed in the office. A note to the effect that recorded evidence has been taken shall, in such cases, be endorsed on the document and entered in the book in which it is registered, in the column provided for copies of endorsements.

177. For oath or affirmation in the same form as for witnesses.

- If in any special case an oath or affirmation appears necessary it shall be administered according to the form of oath or affirmation prescribed for witnesses.

178. Form of oath or affirmation.

- The form of oath or affirmation prescribed for witnesses is:For an oath. - "The evidence which I shall give to the court shall be the truth. the whole truth and nothing but the truth. So help me God".For an affirmation. - "I solemnly affirm that the evidence which I shall give to the court shall be the truth, the whole truth and nothing but the truth".

Part XI – Prosecutions, cancellation of Registered documents and documents discredited by Civil Courts

179. Reports of prosecutions.

- A preliminary report of all prosecutions instituted under Part XIV of the Act shall be made to the Inspector-General as soon as any such prosecution is commenced setting forth briefly the circumstances which led to the prosecution. As soon as possible after decision a full report shall be made to the Inspector-General accompanied by a copy of the judgment of the court.

180. Prosecutions to be instituted only with the sanction of the District Registrar.

- No prosecution shall be instituted by a Sub-Registrar without the concurrence of the District Registrar of the district. Any offence punishable under section 82 of the Act coming to the notice of a Sub-Registrar, in his official capacity, as provided in section 83 should be made the subject of a full complete report to the District Registrar accompanied by the written statement of the principals or witnesses, if any, where evidence would be materials to the consideration or the prosecution of the case. On receipt of such a report by the District Registrar with or without further enquiry as may be necessary, the advisability or otherwise of sanctioning the prosecution will be considered: and if prosecution is determined on the District Magistrate should be addressed in the usual way and the service of the District Government Pleader requisitioned. On the termination of the proceedings, the file of the case should be sent for, for the purpose, if the result has been an acquittal, of deciding whether any further action is necessary in the ends of justice, or. if the result has been a conviction, of preparing the final report to be made to the Inspector-General with copy of judgment.

181. Cancellation of or correction in registered documents.

- When, under the provisions of section 39 of the Specific Relief Act, 1877 any registered document is cancelled by order of court, and a copy of the decree is sent to the office in which it was registered a note of the cancellation shall be made in red ink opposite the copy of the document cancelled, specifying the court ordering cancellation, and the number and date of its decree and note should be made in the index as well.This rule, if carefully attended to. will greatly enhance the value of the registers. The note should be signed by the registering officer of the day.

182. Registered document discredited by Civil Courts owing to faulty registration procedure.

- Civil Courts will report to District Registrars whenever they discredit a registered document owing to faulty procedure on the part of registering officers. Whenever a report is received under this rule enquiry should be instituted, and such measures taken as may appear advisable under the circumstances of the case. The Inspector-General should at the same time be informed of the measures so taken.

Part XII – Endorsements

183. Endorsements how made.

- Endorsements shall always be written by or in the presence of the registering officer and of the parties concerned. With the previous sanction of the District Registrar stamp with blank spaces may however be used for recording any of the shorter endorsement forms. It should be affixed by or in presence of the registering officer. When a person who cannot write or sign his name by means of a mark his name shall be recorded at length, and the registering officer shall also sign his own name in attestation that the said mark was affixed in his presence. When there is no room on a document for the necessary endorsement, they shall be made on a separate sheet of foolscap paper, and attached to the document, a note being at the same time made on the document itself and signed by the registering officer. Every' piece of paper so added must bear the seal of the registering officer and be signed and dated by him. The "addition" of the persons concerned is the "Addition" as described in section 2 of the Act, and the word is to be so interpreted where used throughout these rules.

184. Endorsement and certificates required on copies of decrees and orders of Courts.

- Section 58 does not apply to certified copies of decrees and orders of courts or to copies filed under section 89 in file book No. 1, such as copies of orders, granting loans copies of certificates of sale, etc., endorsement required by section 52 and the certificate required by section 60 being all that should be recorded on such copies.

185. Forms of endorsements.

- The following forms of endorsements shall be adhered to as far as circumstances of each case will permit:A-Form of endorsements to be recorded on every document presented for registration under section 52.
(1)When presented at the registration office by some person executing or claiming under it.Presented by (name and addition) at the office of the (District Registrar or Sub-Registrar) of..........this...... day of......between the hours of.........and..........Signature of registering officer and presenterNote: - When the document is presented by a representative or agent or assign, this should be stated in addition to his name and addition and the name of his principal also inserted.B-Forms of endorsements to be recorded under section 58 on every document admitted to registration other than a copy of a decree or order, or of a certificate sent under section 89.
(1)When the person purporting to have executed the document is personally known to the registering officer and admits the execution of the document and the receipt (if any) of the consideration stated in it:Execution admitted and receipt of consideration acknowledged (if so) by A, B (profession) son of Caste resident of mauza.................pargana zila who is personally known to the registering officer.Signature of A.B.
(2)When the person purporting to have executed the document is not personally known to the registering officer, but admits the execution of the document and the receipt (if any) of the consideration stated in it.
(i)"Execution admitted and receipt of consideration acknowledged (if so) by A.B. (profession), son of..............Caste.........resident of mauza pargana zila....................
(iii)The said A. B identified by C, D (profession) son of............Caste resident of mauza pargana Zila and by E, F (profession) son of Caste resident of mauza pargana.........................Zila.......
(iii)These witnesses, or either of them (as the case may be) being personally known to the registering officer" or in the case of either or both of the witnesses not being personally known to the registering officer the thumb impression or impressions of such person or persons should be taken and underneath should immediately be written:
impression is the thumb impression"The above_________________________________________impressions are impressions
of C, D. and E. F. who is/are of apparent respectability has/have been duly taken:
(3)When the person admitting execution is a duly authorised agent of the executant, this should be stated alongwith his name and addition. If the agent is acting under a duly authenticated power-of-attomey, particulars thereof should be stated e.g. date of authentication and office at which authenticated.
(4)A note is to be added to the endorsement whenever:-
(a)Payment of money or delivery of goods is made before the registering officer:
(b)a receipt of consideration, in whole or part is admitted. The amount to be stated in (a) and (b):
(c)receipt of consideration in whole or part is denied:
(d)execution is admitted, but the admitter refuses to sign the endorsement.
(5)When the executant is dead:Execution by (executant) deceased, admitted by................(name and addition), who is personally known to the registering officer (or is identified by...........and...........these witnesses being personally known to the registering officer).Date............Signature of registering officer etc.
(6)When the document is one executed by any of the officers mentioned in section 88."Having satisfied myself that this document was executed by A, B. official trustee (or as the case may be) in his official capacity, his attendance and signature are dispensed with, and this document is admitted to registration".Date............Signature of registering officer.
(7)When the document is one executed by a pardanashin lady."The terms of the document have been read out and explained to Musammat A. B. wife, widow, or if unmarried daughter of C.D., daughter of C.D. (profession).................son of......... caste..........resident of mauza..............pargana.......zila.........She admitted execution and acknowledged receipt of consideration (if so) with her own lips. The said Musammat A. B. is identified by inspection behind the pardah by E.F. (profession).... son of................caste............. resident of mauza............... pargana............. zila.......... who is her (relationship to be stated) and by G. H. (profession) son of caste resident of mauza pargana zila...... who is her (relationship to be stated), these witnesses or either of them (as the case may be) being personally known to the registering officer."In the case of either both of the witnesses being not personally known to the registering officer substitute in respect of such witness or witnesses for the last sentence above. 'The thumb- impression of E.F.G.H. who is of apparent respectability have been duly taken".Note. Pardanashin ladies should ordinarily be identified by relatives if relatives are not available, identification may be made by servants or other persons who are admitted behind the pardah.Signature of registering officer.C..........Forms of endorsements for authenticating powers of attorney under section 33.
(1)When the principal attends at the registration office."This power of attorney has been executed before me by (name and addition), who is a resident of my district (or sub- district), and is personally known to me" or is identified by who is personally known to me, or about whose identity I have satisfied myself and 1 accordingly authenticated it under section 33 of the Indian Registration Act, 16 of 1908 and records it as No.......... of 19......... on Page.....volume......... of book VI.Date............Signature of registering officer.
(2)When the registering officer visits the principal at his residence or Jail."I have satisfied myself by personal visit that this power of attorney has been voluntarily executed by etc." as before..........
(3)When a commission is issued to obtain evidence as to the voluntary nature of the execution:"I have satisfied myself through (name) to whom a commission was issued for the purpose, that this power of attorney was voluntarily executed by (name and addition), who is a resident of my district (or sub-district), and 1 accordingly authenticate it under section 33 of the Indian Registration Act, XVI of 1908 and record it as No of 19.......on page.....Volume......of book VI."Date............Signature of registering officer.D-Form of endorsement after return of a commission issued under section 38 to obtain evidence as to the execution of a document."Form the above report I am satisfied that this document has been voluntarily executed by................... and accordingly order it to be registered."Date ..........Signature of registering officer.E.....Forms of endorsement to be recorded on wills in deposit, the sealed covers of which have been opened under section 45 or section 46.
(1)When the will is opened on application, after the death of the testator, under section 45........"Having satisfied myself that the testator hereof is dead, this will has been opened on the application and in the presence of (name and addition), this........... day of............Signature of district Registrar and applicant
(2)When a will is removed into court under section 46................"opened and removed into the court of.................. pursuant to order, dated......"Date............Signature of District Registrar.F........Forms of endorsement to be recorded under section 60 on every document registered, including wills which have been opened and copied into book No. III, under sections 45 and 46 copies and memoranda received under the provisions of sections 64 to 67 and the documents referred to in rules 161 to 163.
(1)"Registered as No.... in book No.............volume...... on page (or pages).........this.......day......of......"Signature of registering officer.Note: - Endorsement under section 60 is not required on powers of attorney authenticated.G............Form of endorsement as to figures and amount entered in document to be recorded on every document registered under the final endorsement:..........in the tenth line the words.............biswas, and in the fifteenth line the words one thousand rupees (according to circumstances) occure."Signature of registering officerH........Forms of endorsements to be recorded on documents ordered to be registered under sections 75 to 77.Draft of forms in question is given below:
(1)Execution and payment of consideration (if any) proved in case No........ of 19....... and registration ordered by the District Registrar or the Munsif or the Civil Judge of dated................I accordingly admit the deed to registration under sections 72, 75, or 77, Act XVI of 1908.Where executant appears under section 75 (2), the above form should be altered thus:"Execution proved in case No............of 19 dated........" before the District Registrar (or the Munsif or Civil Judge of and receipt of consideration acknowledged (if so) by residence who appeared before me under section 75 (c) and who is known to me or (as in the case of form B (2) paragraph 3, 1 accordingly admit the deed to registration under sections 72, 75 or 77 Act, XVI of 1908.I..............Form when a will or authority to adopt is admitted to registration after the death of a testator or donor, the endorsement should be."Admitted to registration under section 41 (2), Registration Act, on my being satisfied (1) that this will or authority was executed by the testator or donor, (2) that the said testator or donor is dead, and (3) that..........son of..........the presenter, is entitled to present it under section 40 of the Indian Registration Act, 1908"-[Part XIII] [Substituted by Notification No. G.S.R. 71, dated 14.9.2011 (w.e.f. 14.1.1956).] Fees for late presentation and late appearance

186. Regulation of fine for late presentation or appearance. - Fine for late presentation under Section 25 and late appearance under Section 34 shall be regulated by the following scale, namely:-

Scale(a)Where the delay does not exceed a month, 10 Percent of the amount of the proper registration fee.(b)Where the delay exceeds one month, but does not exceed two months, 20 Percent of the amount of the proper registration fee.(c)Where the delay exceeds two months, but does not exceed three months, 30 percent of the amount of the proper registration fee.(d)Where the delay exceeds three months, but does not exceed four months, 50 percent of the amount of the proper registration fee.Note: - (1) While calculation the time under Section 23, the date of execution of the document or the day on which the decree/order of the Court was made or become final, as the case may be, shall be excluded.
(2)The fine shall be inclusive of proper Registration fees.Appendix IForm No. 1(Rule 31)Book No. 1(Under section 51 of Indian Registration Act No. XVI of 1908 as adapted in Rajasthan under Ordinance No. 4. dated 24th January, 1950)
Serial No. of document........... Name of Office...........
Territorial description of property mentioned in the document (Section 21 of the Act)      
Name of District Name of Tehsil Name of Village Other details of property under section 21 of the Act and date of execution of the document. Nature and valuation of transaction Value of Stamps Details of fees
            Registration feeCopying feeOther fee
[Description of transferor and transfere and registration certificate mentioned in section 60 of the Act.] [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;]Appendix I - Form No. 2(Rule 37)Book No. IIRegister of Reasons for Refused to Register(Under section 51 of the Indian Registration Act, No. XVI of 1908 as adapted in Rajasthan under Ordinance No. 4 dated 24th January. 1950)
Serial number of document Name of person presenting the document Date, day and hour of presentation of the document Date of execution of document Nature and value of the transaction Name of applicant for copies of order of refusal and date of application Date of grant of copy
1 2 3 4 5 6 7
             
Reasons of refusal to register or to direct registration.Appendix I - Form No. 3(Rule 47)Book No. III(Under section 51 of the Indian Registration Act, No. XVI of 1908 as adapted in Rajasthan under Ordinance No. 4 dated 24th January, 1950)
Date, day and hour of presentation the document Name, father's name, profession, caste (if any) and residence of applicant for opening the sealed cover (Section 45) or of person applying for registration of a will or an authority to adopt section 40 Name of person presenting the sealed cover (in case when the sealed cover is filled) with Serial No., volume and page of Book No. 5
     
Description of document (whether a will or authority to adopt) Name, father's name, occupation, caste (if any) and residence of persons giving evidence:- 1. (In case under section 45) as to the death of the testator. 2. (In case of a will or authority to adopt presented by other than the testator or donor) as to
       
(a) the execution of the will or authority to adopt by the testator or donor (b) the death of the testator or donor (c) the title of the presenter to present the will or authority Details of fees
      Registration feeCopying feeOther fee
Copies of endorsements under Sections 52 and 58 and [Registration certificate mentioned in Section 60 of the Act] [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;]Appendix I - Form No. 4(Rule 49)Book No. IV(Under section 51 of the Indian Registration Act. No. XVI of 1908 as adapted in Rajasthan under Ordinance No. 4 dated 24th January, 1950)
Serial No. of document........... Name of Office...........
Nature and value of transaction and date of execution of the document Value of stamp Details of fees
    Registration fee.Copying fee.Other fee.
[Description of parties to the instrument] [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;] and registration certificate mentioned in section 60 of the Act.Appendix I - Form No. 5(Rule 51)Book No. VRegister of Deposit of wills
Deposit of sealed cover
Serial number Year, month, date, day and hour of presentation of sealed cover (Section 42) By whom deposited i. e. whether by testator or by duly authorised agent (Section 42) Name, father's name, profession, caste (if any) and residence of depositor of the sealed cover
1 2 3 4
       
Name, father's name, profession, Cast (if any) and residence of persons testifying to the identify of the depositor Copy of the superscription on the sealed cover i. e. the name of the testator and of his agent (if any) and nature of the document (Section 42) Inscription (if any) of the cover Signature of District Registrar
5 6 7 8
       
Withdrawal of cover Opening of sealed cover
Date of application (if any) for withdrawal by depositor for cover withdrawn Receipt of depositor for cover withdrawn Date of application to open the sealed cover (Section 45), with name, father's name, profession, caste and residence of applicant Name father's name, profession, caste and residence of persons testifying to the death of testator (Section 45) Serial number of instrument as entered in Book No. III and Page
9 10 11 12 13
         
Appendix I - Form No. 6(Rule 52)Book No. VIRegister of Powers of Attorney Authenticated
Serial No. Name and addition of executor Name and additional of person in whose favour executed Whether executant personally known to authenticating officer or, if not , names and additions of persons by whom identified Description of power of attorney general or special Date of execution and authentication The amount of fee paid for authentication and other fee Certificate of authentication
1 2 3 4 5 6 7 8
               
Appendix I - Form No. 7(Rule 53)Book No. VIIRegister of visits and commissionName of Office..........
Serial Number Name of applicant Date of Application Name of person executing commission, visit and date Name of person to be examined Section under which exempted
1 2 3 4 5 6
           
Ground for exemption Residence of person to be examined Distance from registration office Amount of travelling allowance Fees of visits & Commission paid Signature of registering officer
7 8 9 10 11 12
           
Appendix I - Form No. 8(Rule 54 & 113)Book No. VIIIRegister of Thumb Impressions
Particulars of registration Name of executant or witnesses Thumb Impression
Serial Number Book Value Page Register No. Date
               
Signature of Registration Officer[Appendix I - Form No. 9] [Substituted by Notification No. S.O. 298, dated 9.3.2015 (w.e.f. 14.1.1956)](See Section 52 & Rule 76 & 131)Free Receipt
Name of Office.................
Party/Office Copy Print Date ...............
Fee Receipt No.:   Receipt Date:  
Date of Presentation/Application:   Document S.No.  
Name of Applicant/Presenter   Name of Executant  
Address:   Type of Document:  
Face Value   Evaluated Value:  
Property Details:  
Details of fees realized -      
Registration fees   Custody Fee:  
CSI fee:   Fee for deposit/withdrawal/opening of sealed cover:  
Fees for memorandum u/s 64 to 67   Inspection and Search fee:  
Fees for certified copies u/s 57   Misc. Fee:  
Fine u/s 25, 34:   Stamp Duty:  
Fee for commission/attendance:   Surcharge  
    Case Amount  
    Other than Cash:  
    Total Amount:  
Modes of Payment with amount  
Signature of Presenter or applicant forcopy or search certificateSignature of Cashier Signature of recipient and date ofreturn of receiptSignature of Registering Officer.
Appendix I - Form No. 10(Rule 130 & 138)Register of applications for copiesName of office ......................
Serial Number Date of application Name of applicant Particulars of papers of which copy is required and number of words. Amount of
Stamp duty Copying fee
1 2 3 4 5 6
           
Date of Signature of recipient of copy or of dispatching number, if sent by post and date Remarks
Payment of fee per copy and amount paid Order for granting copy Completion of copy (Here state reasons for postponing or refusing compliance with application and date of intimating postponement or refusal to applicant)
7 8 9 10 11
         
Appendix I - Form No. 11(Rule 130 & 138)Register of SearchesName of Office ......................
Serial Number Date of application Name of applicant or Court Register, index or other miscellaneous proceedings of which search is desired Year or Years of which books searched Fees levied Date of payment Date of intimation of result to applicant Remarks
(Here state briefly reason for refusing or postponing compliance with application and date of intimating postponement or refusal to applicants)
1 2 3 4 5 6 7 8 9
Appendix I - Form No. 13(Rule 138)
Register of Inspection Name of Office .......................
Serial No. Date of application Name of applicant Register, index or other miscellaneous proceedings of inspection is desired Year in the books of which inspection is required Fees levied Date of payment Remarks
(Here state briefly reason for refusing or postponing compliance with application and date of intimating postponement or refusal to applicants)
1 2 3 4 5 6 7 8
               
[Appendix I - Form No. 14] [Substituted by Notification No. S.O. 298, dated 9.3.2015 (w.e.f. 14.1.1956)](See Rule No. 74 & 131)Register of feeFrom .......................... to ............................. Name of office..................
S.No. Document S.No. Book No. Document Type/Impound Case/Cancel Receipt Ordinary Reg.Fee Stamp Duty Total (5 to6) Copying Fee u/s 57 Commission/visit Fee Custody Fee/Penalty
        CSI fee Surcharge Fine u/s 25, 34 Misc. Fee  
1 2 3 4 5 6 7 8 9 10
                   
                   
      Page total            
      Total CF            
Seated Envelope (WIll) fee Total (7 to 11) Stamp E-Stamp Franking E-Grss DD Cash Grand Total (13 to 18) Receipt No. SR initials
Inspection/Search Fee Pay Order
11 12 13 14 15 16 17 18 19 20 21
                     
                     
Appendix I - Form No. 15(Rule 82)Minute Book
Annual Serial Number Reference number and number of book and serial number of document (if any) Note of proceedings
1 2 3
     
Appendix I - Form No. 16[Rule 96(9))Register of documents Impounded
Serial No. Date of presentation of document Nature and value of the document Name of the presenter Stamp Brief reason for impounding the document and date Final order of the Collector Remarks
Due Paid
1 2 3 4 5 6 7 8 9
                 
Appendix I - Form No. 18(Rule 13)A catalogue of register and books and other records of the Sub- Registrar's office of in the.....................district
Serial No. Name of district or subdistrict to while the books relate Name of record No. of volume Form...To....... Period of transfer or destruction Date of transfer or destruction Full Signature of person transferring or destroying Remarks as to state of register at the time of transfer
1 2 3 4 5 6 7 8 9
                 
Appendix I - Form No. 19(Rule 125)Register of documents returned by postName of office .................
Serial Number Date of dispatch with number of post office receipt Number of document and book Names of parties and nature of the document Address of the claimants Date on which addresses acknowledgment was received by Sub-Registrar If returned unclaimed, date of receipt by Sub-Registrar Remarks
1 2 3 4 5 6 7 8
               
Appendix I - Form No. 20(Rule 131)Register of Saleable FormsName and description of the name of Office Form..........
Date Previous balance From whom received Number of forms received Total To whom issued or sold Whether licensed stamps vendors and deed-writers or not Number of forms sold/issued Price received Balance of forms Number and date of receipt
1 2 3 4 5 6 7 8 9 10 11
                     
Note: - The account of each kind of saleable forms should be opened on a separate page, sufficient number of blank pages being left after each class for future entry.In the case of forms issued to Sub-Registrars form the District Registrar's Office.Appendix I - Form No. 21(Rule 75)Cash AccountName of Office.......
Date ReceiptRs. Ps. Date ExpenditureRs. Ps.
       
Appendix I - Form No. 22[Rule 82(4)]Objection SlipName of Office....
Date of presentation of Document The Document is Returned[Kept pending for the following Reasons] [Notification dated 21-1-1991, Published in R.G.G. Part IV-C, dated 23-1-1991, p. 85-1;]
  Minute BookEntry No.
   
Dated...........Signature of Sub-RegistrarAppendix I - [Form No. 23] [Added by Notification No. F.2 (II) E & T/58, dated 25-8-1958, published in Rajasthan Gazette, Part IV-C, dated 13-11-1958.](Vide Rule 168-A)Register of appeals and applications under sections 72 and 73
Serial No. Whether appeal under Section 72 or application under section 73 Date of presentation Name of appellant or applicant Description of the document relating to the appeal or application Name and description of the Officer against whose order the appeal or application has been presented Date of final order on the appeal or application Brief particulars of order Remarks
1 2 3 4 5 6 7 8 9
                 
[Form No. 24] [Added by Notification No. F, 2(1) FD/RT/64, dated 23-3-1964, published in Rajasthan Gazette, Part IV-C, Ordinary dated 3-12-1964.][See Rule 96 (10)]Register of details of Recovery of Deficit Stamps Duty and Registration Fee
S. No. Reference to Inspection note Date of Inspection Book No. Volume No.
1 2 3 4 5
         
Page No. Document No. Nature of document Valuation Stamp Duty
Paid Due Deficit
6 7 8 9 10
         
Registration Fee Case No.(Registered) for recovery of Stamp duty or Registration fee Decision
Paid due Deficit If rejected(Indicate Yes or No.) Agreed
    Amount of deficit to be recovered Amount of Total penalty if any, to be realised
11 12 13 14 15
         
Date of recovery with Challan No. Date of intimation sent by Remarks
Collector to S.B. And I.R. & S about recovery of Stamp Duty S.R. Recovery of deficit registration fee to D.R. and I.R. and S.
16 17 18 19
       
Appendix II - Form No. 1(Rule 60)Index No. I(Under section 55 of Indian Registration Act No. XVI of 1908 as adapted in Rajasthan under Ordinance No. 24, dated 4th January, 1950)Name of Office...........
Name with rank or title, father's name profession, caste (if any) and residence Description of document Amount of consideration expressed in the document Connection with the document of the person whose name is entered in column No. 1 Date of the execution of the document Date of the registration Number of volume of Book No. 1 Page Serial Number in Book No. 1
1 2 3 4 5 6 7 8 9
                 
Appendix II - Form No. 2(Rule 61)Index No. II(Under section 55 of Indian Registration Act No. XVI of 1908 as adapted in Rajasthan under Ordinance No. 4. dated 4th January. 1950)
Situation and description of property referred to in the instrument
Name of city, chowkri, mohalla or village Name of Tehsil Name of district Other Particulars required by section 21 of the Act
1 2 3 4
       
Name of the parties to instrument Description of document and the amount of consideration Date of execution of the document
Name with father's name and caste (if any) of executant of document Name with father's name and caste (if any) of the persons in whose favour the document is executed
5 6 7 8
       
Date of Registration Number of volume of Book I Page S.No. in Book No. I
9 10 11 12
       
Appendix II - Form No. 3(Rule 62)Index No. III(Under section 55 of Indian Registration Act No. XVI of 1908 as adapted in Rajasthan under Ordinance No. 4. dated 4th January, 1950)Name of office ..............
Name of testator or donor of authority to adopt or executor or (after the death of the testator) the claimant under the document or applicant under section 45,with rank or title, father's name, profession, caste (if any) and residence Description of document whether a will or authority to adopt Connection with the document of the person whose name is entered in column 1 i.e. whether testator or donor of authority to adopt or executor or (after the death of the testator) the claimant under the document or applicant under section 45) Date of registration Amount of fees paid Number of volume of Book III Page Serial Number in Book III
1 2 3 4 5 6 7 8
               
Form No. 4(Rule 63)Index No. IV(Under section 55 of Indian Registration Act No. XVI of 1908 as adapted in Rajasthan under Ordinance No. 4. dated 24th January. 1950)Name of Office .............
Name with rank or title, father's name, profession, caste (if any) and residence Description of document Connection with the document of the person whose name is entered in column 1 Date of Registration Number of volume Book IV Page Serial No. in Book IV
1 2 3 4 5 6 7
             
Appendix - III - Form No. 6(Rule 22)Invoice of unclaimed documents forwarded for safe custody under rule............Registration Manual
Serial Number Office of Registration Name of parties Nature of documents Book in which registered Date of completion of registration Date of return of the document Date of sanction to destruction Name and address of persons entitled to receive the document
Claimants Executant
1 2 3 4 5 6 7 8 9 10
                   
Appendix - III Forms No. 7(Rule 23)List of books, etc. destroyed in the office of the of under the rules framed by the Rajasthan Government
Books Papers
Name of Date of the last entry made in them General description For what years By whose order destroyed Mode of destruction Remarks
             
I certify that the books and papers mentioned in the above list where destroyed in my presence on this ......... day of ......... 19....Signature of the Registering OfficerAppendix - III - Form No. 8(Rule 16)List of registers, books and all other persons, sent by the Sub-Registrar of ...... District to the District ........... Registrar for deposit in the Central Record Office
Serial Number Description of books or paper Number of pages in each book From what number to what number, and from what date to what date Whether bound or unbound Injured page (if any) Blank papers (if any) Missing pages (if any) Remarks giving particular of injury such as what pages are damaged and how, whether the documents are legible or not etc.
1 2 3 4 5 6 7 8 9
                 
Signature of Sub-RegistrarDistrictDatedAppendix - III - Form No. 9(Rule 169)Copies of documents forwarded under sections 64 to 67 of the ActBook No. 1(Under section 51 of Indian Registration Act No. XVI of 1908 as adapted in Rajasthan under Ordinance No. 4, dated 24th January, 1950)
Serial No. of Documents................. Name of Office.................
Territorial description of property mentioned in the document (Section 21 of the Act) Nature and Valuation of transaction Value of Stamps Details of fees
Name of District Name of Tehsil Name of Village Other details of property under Section 21 of the Act and date of execution of the document
            Registration feeCopying feeOther fee
Copy of document, followed by copies of endorsements under section 52 and 58 and registration certificate mentioned in section 60 of the Act.]Appendix - III - Form No. 10(Rule 169)Memoradum of document registered in the office of Registrar/Sub- Registrar........under sections 64, 65, 66 and 67 and forwarded to the office of Registrar/Sub-Registrar ........Date of office...........
Date of execution Name and additions of the executant Name and additional of person in whose favour executed
Nature and volume of transaction Value of stamps
1 2 3 4
       
Territorial description of property mentioned in the document (section 21)
Name of District Name of Tehsil Name of Village Other details of property under section 21
5 6 7 8
       
Particulars of registration
Name of person presenting the document Date of presentation and date of registration Admission of execution and receipt of consideration Book No., Volume No., Page No., Serial No. and date of registration Remarks
9 10 11 12 13
         
Appendix - III - Form No. II(Rule 172)Receipt of memorandum or copy of document forwarded to the office of .......... Registrar of from the office of ........... Registrar of ............ 19........... under sections 64 to 67, Act XVI of 1908
Serial Number Register number with page, volume and number of register and date of registration Date of dispatch Date of arrival Signature of receiving officer Remarks (if any)
1 2 3 4 5 6
           
N.B. This receipt should be returned to the dispatching office after filling the columns 4, 5 and 6 inclusive.Appendix - III - Form No. 12(Rule 134)Application For Copy
1. Date of application …...................
2. Name of applicant. Father's name caste, and residence with the name of Post Office …...................
3. Name of office of registration …...................
4. Name of village, tehsil. district of which the document appertain …...................
5. Nature of document …...................
6. Name of executant …...................
7. Name of the person claiming under the document …...................
8. Date of execution …...................
9. Date of registration …...................
10. Number of volume of stamps filed with the application (if any) …...................
11. Whether applicant desires the copy to be sent by post, or whether he will attend in person to receive if or will receive it through another person nominated by him in that behalf …...................
12. Signature of applicant …...................
Appendix - III - Form No. 13(Rule 130)Application for General Inspection of Search
Office of …............... Registrar of ........
1. Date of application ….............
2. Name of Applicant with his address ….............
3. Whether applicant desires the result of search, a certificate of encumbrances to be sent by post or whether he will attend in person or will receive it through another person nominated by him in that behalf ….............
4. Number of case with name of court and names of parties to the case (to be filled, where necessary) ….............
5. Year or years in the book of which inspection of search is to be made ….............
6. Information showing title of the applicant to inspect or have a search made, in case of documents entered in Book No. III or IV. …............
7. Description of property or properties Name of present owner Owner or joint Remarks
       
Certified that the above information is correct to the best of my knowledgeSignature of applicantN.B. A separate fee is leviable in respect of each property unless the document have been executed by one and the same person or in favour of one and the same person. In the latter case the name of such person and his relation to the document should be stated.Appendix - III - Form No. 14(Rule 130)Application for Search or Inspection of single entry or documentOffice of ...................
1. Date of application .................
2. Name of Applicant with address .................
3. Whether applicant desires the result of search to be sent by post or whether he will attend in person or will receive it through another person nominated by him in that behalf .................
4. Description of document with the name and address of the executant and of the claimant, as far as known .................
5. Situation of property or properties, viz. village and tehsil, town or mohalla and city .................
6. Year or years in the book of which inspection of search is to be made .................
7. Information showing the title of the applicant to inspect or have a search made, in case of a document entered in Book No. III or IV. .................
Signature of applicantAppendix - III - Form No. 15(Rule 22)Register of unclaimed documents for office of the District Registrar/Sub-Registrar of District
Date of entry in the register Nature of document with number, book volume and year of document Names of the parties executant and claimant Name of the presenter
1 2 3 4
       
Date of Signature of District/Sub-Registrar
Registration section 60 Refusal to Register Registered by post after registration
5 6 7 8
       
Renewal from the list Amount of unclaimed fee levied Signature of District/Sub-Registrar Remarks
Date of Reasons for
9 10 11 12 13
*This column should also be filled in when an unclaimed document is sent to the district Registrar for the safe custody in his fire proof safe.Appendix - III - Form No. 16(Rule 22)List of unclaimed documents to be pasted on the notice boardName of Office ...............
Serial Number Name of presenter Name of the executant Name of the claimant Nature and consideration of the document Date of registration, refusal to register or return by post after registration
1 2 3 4 5 6
           
[Appendix IV] [Substituted by Notification No. F. 14 (71)/E and T/57, dated 8-9-1958, Published in Rajasthan Gazzete Part IV-C. 9-10-1958, p. 1052, for the original see repealed provisions.]List of Registration Districts and Sub-Districts Appendix IV (Rule 85)
Districts formed for the purposes of the Indian Registration Act, 1908 Sub-Districts formed for the purposes of the Indian Registration Act, 1908 Limits of Registration Sub-Districts
1 2 3
1. Bikaner 1. Bikaner City Area within the municipal limits of Bikaner, including the area covered by Tehsil Bikaner
2. Kolayat Tehsil Kolayat (Magra)
3. Lunkaransar ' ' Lunakaransar
4. Nokha ' ' Nokha
2. Churu 1. Churu Tehsil Churu
2. Rajgarh ' ' Rajgarh
3. Taranagar ' ' Taranagar
4. Dungargarh ' ' Dungargarh
5. Sardarshahar ' ' Sardarshahar
6. Sujangarh ' ' Sujangarh
7. Ratangarh ' ' Ratangarh
3. Ganganagar 1. [ Ganganagar] [Substituted by Notification No. F. 14 (71)/E and T/57, dated 8-9-1958, published in Rajasthan Gazzete Part IV-C, Extraordinary, dated 23-3-66.] Area covered by Tehsil Ganganagar
2. Karanpur Tehsil Karanpur
3. Padampur ' ' Padampur
4. Bhadra ' ' Bhadra
5. Nohar ' ' Nohar
6. Anupgarh ' ' Anupgarh
7. Raisinghnagar ' ' Raisinghnagar
8. Suratgarh ' ' Suratgarh
9. Hanumangarh ' ' Hanumangarh
10. Tibi ' ' Tibi
11. Sangaria ' ' Sangaria
12. Sadulshahar ' ' Sadulshahar
4. Alwar 1. Alwar City Tehsil Alwar, including the area within the municipal limits of Alwar City and including the area within the jurisdiction of the Naib-Tehsilars, Malakhera and Ramgarh
2. Bansur Tehsil Bansur
3. Behror ' ' Behror
4. Lachmangarh ' ' Lachmangarh, excluding the area within the jurisdiction of the Naib-Tehsildars, Govindgarh and Kathumer
5. Rajgarh ' ' Rajgarh
6. Thanagazi ' ' Thanagazi
7. Kotkasim The area within the jurisdiction of Naib-Tehsildar, Kotkasim.
8. Tijara Tehsil Tijara, including the area within the jurisdiction of Naib-Tehsildars, Kishangarh and Tapukra
9. Kishangarh ' ' Kishangarh, excluding the area within the jurisdiction of the Naib-Tehsildar, Kotkasim
10. Ramgarh The area within the jurisdiction of the Naib-Tehsildar, Ramgarh
11. Malakhera The area within the jurisdiction of the Naib-Tehsildar Malakhera
12. Kathumer The area within the jurisdiction of the Naib-Tehsildar, Kathumer
13. Tapukra The area within the jurisdiction of the Naib-Tehsildar, Tapukra
14. Govindgarh The area within the jurisdiction of the Naib-Tehsildar, Govindgarh
15. Mandawar Tehsildar Mandawar
5. Bharatpur 1. Bayana Tehsil Bayana
2. Roopbas ' ' Roopbas
3. Weir ' ' Weir
4. Bharatpur ' ' Bharatpur, excluding the area within the jurisdiction of Naib-Tehsildar, Kumher
5. Nadbai Tehsil Nadbai
6. Deeg ' ' Deeg
7. Kama ' ' Kama[including the area within the jurisdiction of Naib-Tehsildar, Pahari] [Added by Notification No. F 2(25) E and T/56/1 dated 20-1-1958 published in Rajasthan Gazzete Part IV-C, dated 13-2-1958.]
8. Nagar ' ' Nagar
9. Bari ' ' Bari including the area within the jurisdiction of Naib-Tehsildar, Saipoo
10. Baseri ' ' Baseri
11. Gird ' ' Gird
12. Rajakhera ' ' Rajakhera
13. Kumher The area within the jurisdiction of Naib-Tehsildar, Kumher
14. Saipoo The area within the jurisdiction of Naib-Tehsildar, Saipoo
15. [ Pahari [Added by Notification No. F 2(25) E and T/56/1 dated 20-1-1958 Published in Rajasthan Gazzete Part IV-C, dated 13-2-1958.] The area within the jurisdiction of Naib-Tehsildar, Pahari]
6. Jaipur 1. [ Amber [Substituted by Notification No. F.2(25) FD/RT/64, dated 25-8-65, published in Rajasthan Gazzete Part IV-C, dated 30-9-65; p. 311] Tehsil Amber, including the area within the jurisdiction of Naib-Tehsilar, Govindgarh]
2. Jamwa Ramgarh Tehsil Jamwa Ramgarh
3. Baswa ' ' Baswa
4. Lalsot ' ' Lalsot
5. Sikrai ' ' Sikrai
6. [ Jaipur [Substituted by Notification No. 2(25) FD/RT/64, dated 25-8-66 published in Rajasthan Gazzete Part IV-C, dated 30-9-65, p. 311(73).] Area within the Municipal limits of Jaipur City, the area within the jurisdiction of the Tehsilar, Jaipur and the area within the jurisdiction of Naib-Tehsildar, Govindgarh]
7. Choksu Tehsil Choksu
8. Phagi ' ' Phagi
9. Phulera Tehsil Phulera including Sambhar Shamlat area
10. Kotputli ' ' Kotputli
11. Bairath ' ' Bairath
12. Sanganer ' ' Sanganer
13. Dudu ' ' Dudu
7. Jhunijhunu 1. Jhunijhunu Tehsil Jhunijhunu
2. Khetri ' ' Khetri
3. Udaipur ' ' Udaipur
4. Chirawa ' ' Chirawa
8. Sawai Madhopur 1. Bamanwas Tehsil Bamanwas
2. Gangapur ' ' Gangapur
3. Nadoti ' ' Nadoti
4. Hindaun ' ' Hinduan
5. Mahwa ' ' Mahwa
6. Toda Bhim ' ' Toda Bhim
7. Karauli ' ' Karauli including the area covered by Sub-Tehsil, Mand rail
8. Mandrail The area within the jurisdiction of Naib-Tehsildar, Mandrail
9. Sapotra Tehsil Sapotra
10. Khandar ' ' Khandar
11. Bonli ' ' Bonli
12. Sawai Madhopur ' ' Sawai Madhopur
9. Sikar 1. Fatehpur Tehsil Fatehpur
2. Neem-ka-Thana ' ' Neem-ka-Thana
3. Danta Ramgarh ' ' Danta Ramgarh
4. Sikar ' ' Sikar
5. Shri Madhopur ' ' Shri Madhopur
6. Lachmangarh ' ' Lachmangarh
7. [ Ramgarh Sethonka [Added by Notification No. F.2(2) ET/60, dated 11-8-60.] Sub-Tehsil Ramgarh Sethonka]
10. Tonk 1. Malpura Tehsil Malpura
2. Toda Raisingh ' ' Toda Raisingh
3. Uniara ' ' Uniara
4. Duni Tehsil Duni
5. Tonk ' ' Tonk
6. Niwai ' ' Niwai
11. Barmer 1. Pachpadra Tehsil Pachpadra
2. Siwana ' ' Siwana
3. Barmer ' ' Barmer
4. Shiv ' ' Shiv
5. Chohtan ' ' Chohtan
12. Jaisalmer 1. Sam Tehsil Sam
2. Jaisalmer ' ' Jaisalmer
3. Ramgarh ' ' Ramgarh
4. Fatehgarh ' ' Fatehgarh
5. Pokaran ' ' Pokaran
6. Nachana ' ' Nachana
13. Jalore 1. Jaswantpura Tehsil Jaswantpura
2. Sachore ' ' Sachore
3. Jalore ' ' Jalore
4. Ahore ' ' Ahore
14. Jodhpur 1. Bilara Tehsil Bilara
2. Shergarh ' ' Shergarh
3. Phalodi ' ' Phalodi
4. Jodhpur City Area within the Municipal limits of Jodhpur City, including the area covered by Tehsil Jodhpur
5. Osian Tehsil Osian
15. Nagore 1. Deedwana Tehsil Deedwana
2. Merta ' ' Merta
3. Nagore ' ' Nagore
4. Nawa ' ' Nawa
5. Parbatsar ' ' Parbatsar
6. Jayal ' ' Jayal
7. Ladnu ' ' Ladnu
8. Degana ' ' Dagana
16. Pali 1. Bali Tehsil Bali
2. Desuri ' ' Desuri
3. Jaitaran ' ' Jaitaran
4. Sendra ' ' Sendra
5. Pali Tehsil Pali
6. Sojat ' ' Sajat
7. Raipur ' ' Raipur
8. Kharchi ' ' Kharchi
17. Sirohi 1. Bhawari Tehsil Bhawari
2. Pindwara ' ' Pindwara
3. Reodar ' ' Reodar
4. Sheoganj ' ' Sheoganj
5. Sirohi ' ' Sirohi
6. Abu Road ' ' Abu Road
18. Bundi 1. Bundi Tehsil Bundi
2. Patan ' ' Patan
3. Talera ' ' Talera
4. Hindol ' ' Hindol
5. Nainwan ' ' Nainwan
19. Jhalawar 1. Alkera Tehsil Alkera
2. Bakani ' ' Bakani
3. Khanpur ' ' Khanpur
4. Monoharthana ' ' Manoharthana
5. Dag ' ' Dag
6. Gangdhar ' ' Gangdhar
7. Jhalrapatan ' ' Jhalrapatan
8. Pachpahar ' ' Pachpahar
9. Pirawa ' ' Pirawa including the area within the jurisdiction of Naib-Tehsildar, Sunel Tappa
10. Sunel Tappa The area within the jurisdiction of Nai Tehsildar, Sunel, Tappa.
20. Kotah 1. Anta Tehsil Anta
2. Baran ' ' Baran
3. Kishanganj ' ' Kishanganj
4. Mangrol ' ' Mangrol
5. Shahabad ' ' Shahabad
6. Chechat ' ' Chechat
7. Kanwas ' ' Kanwas
8. Ramganj Mandi ' ' Ramganj Mandi
9. Sangod ' ' Sangod
10. Atru Tehsil Atru
11. Chhabra ' ' Chhabra
12. Chhipabarod ' ' Chipabarod
13. Barod ' ' Barod
14. Digod ' ' Digod
15. Itawa ' ' Itawa
16. Kotah City Area within Municipal limits of Kotah City including the area covered by Tehsil Ladpura (Kotah)
17. Pipalda Tehsil Pipalda including the area within the jurisdiction of Naib-Tehsildar, Indergarh
18. Indergarh The area within the jurisdiction of Naib-Tehsildar, Indergarh
21. Banswara 1. Banswara Tehsil Banswara
2. Gandhi ' ' Gandhi
3. Ghatole ' ' Ghatole
4. Raipur ' ' Raipur
5. Saheda ' ' Saheda
6. Asind ' ' Asind excluding the area within the jurisdiction of Naib-Tehsildar, Badnore
7. Badnore The area within the jurisdiction of Naib-Tehsildar, Badnore
8. Hurda Tehsil Hurda
9. Mandalgarh ' ' Mandalgarh
10. Jahazpur ' ' Jahazpur
11. Shahpura ' ' Shahpura
12. Kotri ' ' Kotri
13. [ Bijolia [Added by Notification No. F 2(3) E and T/61 dated 9-9-1961 published in Rajasthan Gazzete Part IV-C, dated 2-11-1961, p. 360.] The area within the jurisdiction of Naib-Tehsildar, Bijolia]
22. Chittorgarh 1. Begun Tehsil Begun
2. Bhensrolgarh ' ' Bhensrolgarh
3. Chittorgarh ' ' Chittorgarh
4. Gangral ' ' Gangral
5. Kapasin Tehsil Kapasin
6. Rashmi ' ' Rashmi
7. Badi Sadri ' ' Badi Sadri
8. Bhadesar ' ' Bhadesar
9. Chhoti Sadri ' ' Chhoti Sadri
10. Dungla ' ' Dungla
11. Kanera ' ' Kanera
12. Nimbahera ' ' Nimbahera
13. Achnera ' ' Achnera
14. Pratapgarh ' ' Pratapgarh
24. Dungarpur 1. Dungarpur Tehsil Dungarpur
2. Aspur ' ' Aspur
3. Sagwara ' ' Sagwara
25. Udaipur 1. Bhim Tehsil Bhim
2. Deogarh ' ' Deogarh
3. Kotra ' ' Kotra
4. Phalasia ' ' Phalsia
5. Saira ' ' Saira
6. Amet Tehsil Amet excluding the area within the jurisdiction of Naib-Tehsildar, Sardargarh
7. Kumbhalgarh Tehsil Kumbhalgarh (excluding the area within the jurisdiction of Naib-Tehsildar, (Gadhbore)
8. Rajsamand Tehsil Rajsamand
9. Relmagra ' ' Relmagra
10. Khewara ' ' Khewara
11. Salumber ' ' Salumber
12. Sarada ' ' Sarda
13. Udaipur City Area within the Municipal limits of Udaipur City including the area covered by Tehsil Girwa and excluding the area within the jurisdiction of Naib-Tehsildar, Kurabar
14. Khamnor Tehsil Khamnor excluding the area within the jurisdiction of Naib-Tehsildar, Nathdwara
15. Bhupalsagar Tehsil Bhupalsagar
16. Lasadia ' ' Lasadia
17. Mavli ' ' Mavli
18. Vallabhnagar Tehsil Vallabhnagar excluding the area within the jurisdiction of Naib-Tehsildar, Bhimdar and Kanore
19. Sardargarh Area within the jurisdiction of Naib-Tehsildar, Sardargarh
20. Gadhbore Area within the jurisdiction of Naib-Tehsildar, Godhbore
21. Nathdwara Area within the jurisdiction of Naib-Tehsildar, Nathdwara
22. Bhindar Area within the jurisdiction of Naib-Tehsildar, Bhindar
23. Kanore Tehsil Kanore
24. Kurabar ' ' Kurabar
25. [ Dhariawad [Added by Notification No. F. 2(2) E and T/60 dated 11-8-1960.] Sub-Tehsil Dhariawad]
26. Ajmer 1. Ajmer City Ajmer City including the area covered the Tehsil Ajmer and Nasirabad
2. Beawar Tehsil Beawar
3. Kekri " Kekri including Deoli
4. Arain " Arain
5. Roopnagar " Roopnagar
6. Sarwar " Sarwar
7. Kishangarh " Kishangarh
(Appendix V)[x x x] [Appendix V omittd by Notification No. F 14(71) E & T/57 dated 8-9-1958 published in Rajasthan Gazette Part IV-C, dated 9-10-1958 For this Appendix see the repealed provisions.]Appendix VIDestruction of recordsThe following records may be destroyed after the expiration of periods specified against each, computed from the 1st January, next-following the date of the record, provided that the District Registrar may at his discretion, direct the retention for a longer period, or permanently, of any papers which he may consider likely to be useful in the future:
Nature of records Period of retention Remarks
1 2 3
All correspondence whether in English or in Vernacular which is of an ordinary routine character and which the District REgistrar considers fit to be destroyed. One year  
Copies of document unclaimed by applicants. Ditto  
Application for copies of reasons for refusal to register. Ditto  
Other applications, petitions, appeals, records and papers of an ephemeral character not otherwise specified. Ditto  
Weekly reports of unreturned documents. Ditto  
Periodical returns of Sub-Registrar’s office, received by Registrars. Ditto  
Indent for forms and applications for registers by Sub- Registrars. Ditto  
Receipts for memoranda of documents received and dispatched. Ditto  
Rubkars, etc., relating to documents impounded under the Stamp Act. Ditto  
Rubkars from Civil and Revenue Court sand officers forwarding copies of orders and certificates under section 89, Act XVI of 1908. Ditto  
Rubkars and reports relating to searches of encumbrances. Two year  
Application for summoning executant and witnesses for issue of commissions. Ditto  
Summons returned after execution Ditto  
Certificates by public officers to search register or take copies of enteries in register. Ditto  
Indents of forms on press. Three year  
Papers about buildings or furnitures of office Ditto  
Papers connected with the issue of commissions and the reports of Commissioners. Three years  
Office copies of periodical returns in District Registrar’s and Sub-Registrar's office. Ditto  
Dak books or dispatch books. Ditto  
Receipts books under section 52, Act. XVI of 1908. Ditto  
Bills for fees. Ditto  
Completed volumes of receipts and dispatch register maintained in Sub-Registrar’s offices. Ditto  
Applications for copies, inspections and searches alongwith affidavits or statements on oath taken by registering officers in connection with such applications for copies, inspections and searches. Ditto  
Completed volumes of registers of applications for copies, searches and inspections, the minute books. Ditto  
Miscellaneous correspondence on such subjects as bills and vouchers, indents, books, leave and accounts. Ditto  
Charge certificates. Ditto  
Proceedings under section 72, Act XVI of 1908. Ditto  
Orders regarding registration clerks in Sub-Registrar’s offices, if the original orders exist in the Distt. Registrar’s Office. Ditto  
Copies of decrees of Civil Courts cancelling registered documents. Ditto  
Objection slips Ditto  
Blank form stock book Ditto  
Registers of service postage stamps. Ditto  
Papers relating to appointment and promotions for temporary establishment. Ditto  
Papers relating to registration or Three years dismissal. Three years After leaving Government service.
Papers relating to misconduct of Ditto an officer. Ditto After he ceases to be in Government service.
Papers relating to punishment of Ditto Government Servant Ditto After final orders have been carried out and entry made in service book.
Register of documents sent by post. Ditto  
Correspondence regarding budget Five years  
Contingent and traveling allowance bills. Ditto  
Register of unclaimed documents. Ditto  
Contingent Registers. Ditto  
Completed volumes of register No. VII of visits and commissions. Six years  
Budgets. Ten years  
Annual reports Twelve years  
papers regarding transfers Ditto  
Completed volumes of registers of fees (sihaya) and registers of impounded documents. Ditto  
Statements and depositions of witnesses of proceeding under sections 41, 63, 73 and 74, Act. XVI of 1908 and medical certificates filed in support of the executant being major under section 41 of the Registration Act. Ditto  
Inspection notes. Ditto  
Register of saleable forms Ditto  
Invoice with which records of over 12 years standing are sent to central office of records. Twenty five years  
Order books Ditto  
Register (No. VIII) of thumb impressions Thirty-five years  
Papers relating to appointment and promotions for permanent establishment. Ditto  
Acquittance Rolls. Five years  
List of Government articles.   Until a revised register, duly attested by the Sub-Registrar and approved by the District Registrar is prepared.
Catalogue of books Ditto  
Note: - Papers relating to revision of establishment should be retained permanently.Subject to the condition that before destruction services of menials should be verified and a note to that effect in the service rolls concerned under the signature of the head of the office or one of his gazetted assistants.[Notification dated 5-11-1992, Published in R.G.G. Part IV-C, dated 11-11-1992, p. 299-2;]