Official Correspondence
201. Correspondence of Registrars with Inspector General : - Save in emergent and exceptional cases, Sub-Registrars should not correspond with the Inspector General, except through their respective Registrars.
202. Correspondence between Registrars and Sub-Registrars: - Official correspondence between Registrars and Sub-Registrars should ordinarily be in the form of a vernacular proceeding; but where the Sub-Registrar is a European officer, or officer in charge of the treasury, there is no objection to the correspondence being conducted by English letter or memorandum.
203. Transmission of references from Sub-Registrars to Inspector-General: - When a Registrar receives a communication from a Sub-Registrar which requires a reference to the Inspector-General, he should, in ordinary cases, trnsmit it in original, accompanied by such remarks in English as he thinks necessary, and the reply will be communicated in the same way. But where a point of law, or of procedure not already provided for is raised, or where the question is one of general application the Registrar should refer it for orders by means of an English letter or memorandum, which should fully state the case and the Registrar’s opinion thereon.
204. Registrars to dispose so far as possible of references from Sub-Registrars: - Registrars should, so far a possible, themselves dispose of references from Sub-Registrars, and should not transmit then to the Inspector-General unless his orders are really required. This caution is necessary because a great proportion of the references that reach the Inspector-General’s office are on points which have already been distinctly provided for, and should have been disposed of in the Registrar’s office. At the same time as it is very desirable that uniformity of practice should be maintained throughout the province, all instructions of general applicability or involving general principles issued by Registrars to Sub-Registrars, should be communicated to the Inspector-General without delay.
205. Speculative references to be discouraged: Some registering officers, and especially some muharrirs, are prone to raise hypothetical questions on points of law or procedure in imaginary cases. This practice should be discouraged; no such question should be permitted, unless it has actually arisen in practice, and a decision on the point is necessary.
206. Correspondence between Registrars and Inspector-General:- The official correspondence between Registrars and the Inspector-General shall be in English, and in the conduct of such correspondence Registrars will be guided by the general rules prescribed in Punjab Government Consolidated Circular No.5.
207. Inspector-General requisitions to be promptly attended to: - Registrars should see that no unnecessary delay takes place, either in their own offices, or in the offices of their Sub-Registrars in replying to references from the Inspector-General. Ordinarily, a Sub-Registrar should not defer replying to a requisition either from the Inspector-General or from his Registrar for more than two days. A reply to a reference from the central office should, except in exceptional circumstances, always be returned within 15 days.
208. Registrars to inspect offices of Sub-Registrars at least once a year:-(1)-Superintendence and control over Sub-Registrars was conferred upon the Registrar of the district by section 68 of the Act and in order to enable the Registrar to exercise such supervision and control in an efficient manner, it is essential that he should visit the several sub-offices and examine the registers and other records therein as often as possible. Every Sub-Registrar’s office should be inspected by the Registrar at least once a year including the office at head quarters, which is usually the largest and most important in the district, but which is in some districts the least looked after by the Registrar, although from its positing it can be examined at any time most convenient to him, and with the least trouble. If, from any cause, the Registrar is unable himself to inspect any sub-office during the year, he should depute an experienced Assistant or Extra Assistant Commissioner for such duty. The sending out of muharrirs on this duty is absolutely forbidden; it is distasteful to the registering officers concerned, and offers a temptation to extortion which should be avoided.
209. Inspection reports what to contain: (1) - When a Registrar has completed his inspection of an office, he should send a report thereof to the Inspector General, giving the following particulars :-
(a) office inspected, with names of registering officer and muharrir;
(b) dates of present and last inspection; the object being to show how long the office remained without an inspection, and the period over which the report extends;
(c) statistics of the business done during that period;
(d) remarks (if any) on the registers;
(e) remarks on the indexes and subsidiary books;
(f) general remarks.
(2) This report may be written either in English or in the vernacular, as the reporting officer finds most convenient. The form adopted by the Inspector-General for recording the results of his inspections is given in appendix II, from H, and Registrars are recommended to adopt that form. A supply of the forms can be obtained, on application, from the office of the Superintendent, Government Printing, Punjab, Lahore. A note of the result of the inspection should also be recorded in the registration office minute book.
210. Points to be noted: Inspecting officers should of course, note in their reports all errors of procedure and other defects which their inspection may bring to light, both for Inspector-General’s information and for avoidance in future by the registering officer; they should also note any other point which appears noteworthy e.g., abnormal increase or decrease of business with the causes thereof, the general state of the work of the office, the qualifications of the muharrir, and similar maters and they should check the stock registers maintained under paragraphs 198 and 199. Reports should be as brief as in compatible with clearness. For example, if the examination of the registers discloses no errors or faults, nor any other matter calling for special remarks, it will suffice to write the single word “nil” under the heading of “remarks on the registers.” A set of questions to be used as guides in such inspections will be found in appendix VII. They must not be taken as exhaustive.
211. Issue of necessary order to registering officer concerned at end of the inspection:- When the examination of a book has been completed, the inspecting officer, should write the word “examined” after the last entry in it, together with his signature and the date. When the inspection has been conducted by the Registrar in person, he will issue such orders as he deems necessary at once to the registering officer concerned, briefly noting the purport of such orders in his report under the heading of “general remarks”. When the inspection has been conducted by an Assistant or Extra Assistant Commissioner, the latter officer will prepare the report in the manner prescribed above and send it to the Registrar, who will issue necessary orders thereon, as before, to the registering officer concerned, note the purport of such orders on the inspecting officer’s report and transmit the latter for the Inspector-General’s information.
212. Stamp duty on applications: - Applications mentioned in the following list should bear a stamp of the value, if any, shown against each:-
List showing the stamp
duty, if any, chargeable on certain applications which are frequently presented
before registering officers.
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Sub-mitted to Registrar |
Nature of application or appeal |
Exempt or amount of court-fee stamp to be affixed |
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Both Do Do Do Registrar Both Do Do Do |
Application for inspection or search Application for copies Application for attendance at a private residence Application under section 36 of the Act Applications under section 73 of the Act Appeal under section 72 of the Act Applications for return of documents filed Applications objecting to registration of documents Applications agreeing to registration of documents Other miscellaneous applications |
Rs. p. Nil 00.40 Nil Nil Nil 01.00 Nil Nil Nil Nil |
TABEL
OF REGISTRATION FEES
(Sections 78 and 79
of the Act)
ARTICLE
I.—For the registration of
Documents
(1) In Book I, the register of non-testamentary documents relating to immovable property: -
(a) For all optionally registerable documents except leases 2.00
(b) For all compulsorily registerable documents (other than
Leases of immovable property)--
If the value or consideration in money does not exceed Rs.200 2.50
Exceeds Rs.200, but does not exceed Rs.300 3.75
Exceeds Rs.300, but does not exceed Rs.400 5.00
Exceeds Rs.400, but does not exceed Rs.500 6.25
Exceeds Rs.500, but does not exceed Rs.800 10.00
Exceeds Rs.800, but does not exceed Rs.1,000 12.50
Exceeds Rs.1,000 but does not exceed Rs.1,500 14.40
Exceeds Rs.1,500 but does not exceed Rs.2,000 16.25
Exceeds Rs.2,000 but does not exceed Rs.2,500 18.10
Exceeds Rs.2,500 but does not exceed Rs.3,000 20.00
Exceeds Rs.3,000 but does not exceed Rs.3,500 21.90
Exceeds Rs.3,500 but does not exceed Rs.4,000 23.75
Exceeds Rs.4,000 but does not exceed Rs.4,500 25.65
Exceeds Rs.4,500 but does not exceed Rs.5,000 27.50
For every one thousand or part thereof in excess of Rs.5,000
and not exceeding Rs.50,000 3.75
For every one thousand or part thereof in excess
of Rs.50,000 1.90
If the value or consideration be only partly expressed (in addition
to the ad valorem fee as above on the value or
consideration money expressed 2.00
If the value or consideration be not at all expressed, a fixed
Fee of 20.00
(c) For lease of immovable property and surrender
of leases At the rates given in clause (b) above on the
amount of rent on which stamp duty has been assessed under article 35 of Schedule IA to the Indian Stamp Act, 1899, and if the lease be exempt stamp duty, rupees two.
Note: (1) - Such fee in the case of duplicates, if presented with the original shall be Rs. two only. Duplicates, if not presented along with their originals shall be treated like the originals.
Note: (2)-The registration fee to be paid on partition deeds shall be calculated on the value of the share or shares on which stamp duty has been assessed under article 45 of Schedule I-A to the Indian Stamp Act, 1899.
(1) In Book 3, register of wills and authorities
to adopt 20.00
(2) In Book 4, miscellaneous register for documents
Registrered under clauses (d) and
(f) of Section 18 Half the amount of stamp duty payable on the deed, subject to a minimum of Rs.2 only.
Under section 80 of the Indian Registration Act, 1908, all fees for the registration of documents shall be payable on the presentation of such documents; by Court Inspectors and Assistant Court Inspectors under the provisions of paragraph 5, Chapter 27 of the Punjab Police Rules, Volume III (1934):
Provided also that under the notification of Government of India, Home Department, No.376, dated 24th April, 1914, all fees payable—
(a) by or on behalf of Co-operative Society for the time being registered under the Punjab Co-operative Societies Act, 1954(Act No. XIV of 1955), and
(b) in respect of any instrument executed by any officer or member of such a society and relating to the business thereof, are remitted:
Provided further that no registration fee shall be chargeable on a document relating to a gift of Bhudan land:
Provided further that no registration fee shall be chargeable on a document relating to a gift of land in favour of the State Orphanage, Karnal:
Provided further that no registration fee shall be chargeable on the instrument relating to gift of land in favour of Government for the purposes of construction of a mortuary at Panipal, district Karnal:
Provided further that no registration fee shall be chargeable on a mortgage deed executed by a borrower for securing the repayment of the loan advanced to him under the Village Housing Project Scheme.
Provided further that no registration fee shall be chargeable on a document executed in favour of or on behalf of Government, where registration fee is payable by Government.
Note (1)—No registration fee shall be leviable upon a mortgage deed executed by an officer of Government in Civil or Military employee for securing the repayment of an advance received by him from the Government for the purpose of constructing or purchasing a dwelling-house for his own.
Note(2).—(a) The fee on any instrument comprising or relating to several district matters shall be the aggregate of the fees with which separate instruments each comprising or relating to one of such matters, would be chargeable,
(b) An instrument so framed as to come within two or more descriptions of the documents enumerated shall, when the fees chargeable thereunder are different, be charged with the highest of such fees.
Article II—For inspection or searches under section 57:- General search for inspection of any number of entries or documents relating to one and the same property or executed by or in favour of one and the same individual—
(a) for the first year in books of which search is made ..2.00
(b) for every other year inthe book of which search
is continued ..0.50
(c) maximum ..7.50
Provided that no search fee shall be chargeable in respect of a document of which a copy is applied for when the names of claiming and executing parties, the nature of the document and the date of registration, are shown in the application for the copy.
Note —The date of registration of document is the date on which it is copied in the relevant book and the endorsement under section 60 of the Indian Registration Act, 1908 is recorded on it.
Explanation I —If a search is made at the request of a civil court for the purpose of ascertaining whether a specified property is encumbered or not the fee to be levied in each case shall be at the rates prescribed above.
Explanation II—If a search is made at the request of Director of Industries, Punjab or the Manager, Punjab Financial Corporation in respect of persons applying for loans under the Punjab State Aid to Industries Act, 1935 of the State Financial Corporations Act, 1951.
FORMS OF MONTHLOY AND
OTHER RETURNS
FORM A
Return No.1 (PARAGRAPH 165)
Abstract Statement showing
the transactions of the Registration Department in the___________during the
quarter ending of________________
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FORM G
(PARAGRAPH 55)
OFFICE OF-----------------------------DISTRICT-----------------------
Statement of documents and
records proposed for destruction under paragraph 55
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Description of document or record with brief abstract of its contents |
Year to which document or records appertain |
Opinion of Sub-Registrar as to whether the document or record should be destroyed or not |
Orders passed by Registrar |
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FORM H
(PARAGRAPH 209)
INSPECTION REPORT
REGISTRATION DEPARTMENT,
PUNJAB
I.
OFFICE INSPECTED
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District |
Office |
Registering Officer |
Registration Muharrir |
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II. DATES
OF INSPECTION
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Present inspection |
Last inspection by Inspector General or his Personal Assistant |
Intermediate inspections by Registrar |
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III. STATISTICS OF
BUSINESS SINCE LAST
INSPECTION
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Book 1 |
Supplementary Book 1 |
Book 2 |
Book 3 |
Book 4 |
Book 5 |
Book 6 |
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IV. REMARKS ON
THE REGISTERS
V.
REMARKS ON THE
INDEXES AND SUBSIDIARY
BOOKS
VI.
GENERAL REMARKS
FORMS OF THE FIVE ANNUAL
STATISTICAL STATEMENTS PRESCRIBED UNDER PARAGRAPH 183
FORM NO.1
Statement of instruments
registered and of the value of property transferred by registered instruments,
together with the fees thereof in the District_______________of the year
19_____.
(Immovable Property Book 1)
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District |
Number of registration offices |
IMOVABLE PROPERTY (BOOK 1) |
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COMPULSORY REGISTRATIONS AFFECTING IMMOVABLE PROPERTY |
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Gift of immovable property[section 17(1), clause (a)] |
Sale or exchange of any value |
Mortgage |
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Number |
Aggregate value |
Number |
Aggregate value |
Number |
Aggregate value |
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2 |
3 |
4 |
5 |
6 |
7 |
8 |
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FORMS OF THE FIVE ANNUAL
SATISTICAL STATEMENTS PRESCRIBED
UNDER PARAGRAPH
183
FORM NO. 1
Statement of instruments
registered and of the value of property transferred by registered instruments,
together with the fees thereof in the District of_________of the year 19___
Immovable property
(Book)
IMMOVABLE PROPERTY( Book 1) Contd.
COMPULSORY REGISTRATION AFFECTING IMMOVABLE PROPERTY—Concld.
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Other registered under [section 17(1) clauses(d),(c) and (e) |
Leases under section 17(1) |
Total compulsory registrations affecting immovable property |
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Number |
Aggregate value |
Number |
Value of annual rates |
Amount of Premia |
Number |
Aggregate value |
Fees |
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10 |
11 |
12 |
13 |
14 |
15 |
16 |
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FORMS OF THE FIVE ANNUAL STATISTICAL STATE FORM
Statement of instruments
registered and of the value of property in the District of_________
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IMMOVABLE PROPERTY (BOOK 1) |
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District |
OPTIONAL REGISTRATIONS AFFECTING |
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Sale or exchange of value
less than Rs.100 |
Mortgage |
Lease |
Other registered under section 18, clauses(a)
and (b) |
Awards below Rs 100 in
value |
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Number |
Aggregate value |
Number |
Aggregate value |
Number |
Aggregate value |
Number |
Aggregate value |
Number |
Aggregate value |
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16 |
17 |
18 |
19 |
20 |
21 |
22 |
23 |
24 |
25 |
26 |
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Miscellaneous registrations other than Certified copies of decrees and orders of Court |
Certified copies of decreesand orders of Court |
Total optional registrations affecting immovable property |
Total (compulsory and optional )affecting immovable property(columns 26 to 28 and 51 to 53) |
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No |
Aggre-gate value |
No. |
Aggre-gate value |
No. |
Aggre-gate value |
Fees |
No. |
Agre-gate value |
Fees |
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27 |
28 |
29 |
30 |
31 |
32 |
33 |
34 |
35 |
36 |
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Statement of
instruments registered and
of the value of property
in the District of____________
Movable property (Book 4)
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District |
COMPULSORY |
OPTIONAL |
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Gift affecting movable property(Section 123, clause 2, Transfer of Property Act) |
Optional class of documents relating to movable property |
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Number |
Aggregate value |
Number |
Aggregate value |
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2 |
3 |
4 |
5 |
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Total registrations affecting movable property (Book 4) |
OPTIONAL |
COMPULSORY |
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Wills, including cancellation (Book 3) |
Written authorities to adopt (including cancellations) other than those conferred by Wills (Book 3) |
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No. |
Aggregate value |
Fees |
No. |
Fees |
No. |
Fees |
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6 |
7 |
8 |
9 |
10 |
11 |
12 |
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District |
Registrations under section 25 and under section 34 |
Commission issued and visits paid (sections 31, 33 and 38) |
Inspection of Books 1 and 2 and the Indexes to Book 1[section 5(1)] |
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Number |
Fees |
Number |
Fees |
Number |
Fees |
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2 |
3 |
4 |
5 |
6 |
7 |
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Applications for searching Indexes III and IV and inspection of Books 3 and 4 [under section 57(4)] |
Applications for copies of entries in Books and Indexes |
Covers containing Wills deposited(section 42), withdrawan(section 44) and opened (section 45) |
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Number |
Fees |
Number |
Fees |
Number |
Fees |
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8 |
9 |
10 |
11 |
12 |
13 |
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Powers of Attorney authenticated |
All other receipts |
Total receipts |
Total of all registrations, forms I (cols.54 and 56)
and II (col.15 and 16 to 20) |
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No. |
Fees |
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Total gross income |
Refunds and draw-backs |
Total expenditure(form IV) |
Total net income |
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14 |
15 |
16 |
17 |
18 |
19 |
20 |
21 |
22 |
23 |
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Statement of expenditure in
each registry Office of the district of______for the year_____
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SN |
Regis-tration |
Fixed salaries of registering officers |
Perentage paid to registering officers |
Cost of Establishments |
Other items of expen-diture |
Total expen-diture |
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Permanent |
Temp-orary |
Total |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
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FORM V
Statement of principal operations
other than Registration in Books I, III and IV in the District of_______for the
year 19______
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District |
Wills removed to Courts under Section 259 of the Indian Succession Act, copy being kept in Book III under section 46 |
Refusals to register (Sections 74 and 76) |
Appeals against such refusals Section 72 of the Act and and applications under section 73 regarding such refusals |
Registration ordered by Civil (Section 77) |
Prosecution (Section 81) |
No. of orders and certificates filed in Book I under section 89 of the Registration Act |
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Registration ordered |
Registration refused |
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2 |
3 |
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5 |
6 |
7 |
8 |
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