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REVENUE ADMINISTRATION
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REGISTRATION DEPARTMENT
Functions
The main function of the Registration department is the
registration of documents under the Indian Registration Act.
Registration of Documents
Under the Indian Registration Act (XVI of 1908), compulsory
registration is required in the case of certain documents and
optional registration is provided for certain other documents.
Documents which fulfil the prescribed requirement and for which
the required stamp duty and registration fees are paid are
registered. A record of such registered documents is kept and
extracts of documents affecting immoveable property in respect of
which Record-of-Rights is maintained are sent to the offices
concerned for making mutations. Certified copies from the
preserved records of registered documents are also issued to
parties who apply for them.
Organisation
The Inspector-General of Registration is the head of the
department at the state level. Under him is a District Registrar
for each district who supervises the registration work in the
district.
The Collector of the district functions as an ex-officio
District Registrar. Under the District Registrar, there are
sub-registrars. In 1960, there were five sub-registrars in Bhir
district one each at the sub-registry offices at Ashti, Bhir,
Georai, Manjlegaon and Ambejogai. The sub-registrars are appointed
by the
Inspector-General of Registration. The sub-registry and district
registry staff is appointed by the District Registrar.
The District Registrar is required to carry out the instructions
of the Inspector-General of Registration in all departmental
matters. If he has any suggestions to make for the improvement of
the registration system, he submits them to the Inspector-General.
The District Registrar has powers of supervision over the
sub-registrars and advises them in their day to day work. He
visits the sub-registry offices in his district at least once in
every two years and sends his memorandum of inspection to the
Inspector-General of Registration. He hears appeals and
applications preferred to him under Sections 72 and 73 of the
Indian Registration Act (XVI of 1908) against refusals to register
documents by the sub-registrars under him. Under Sections 25 and
34 of the same Act, he is empowered to condone delays in
presentation of documents and appearance of executants, provided
the delay does not exceed four months, and to direct the documents
concerned to be registered on payment of a fine not exceeding ten
times the proper registration fee. He is also competent to order
refunds in the, case of surcharges and to grant full or partial
remission of safe custody fees in suitable cases. A will or
codicil may be deposited with him under a sealed cover, and it may
be got registered at the cost of the party desiring it, after the
depositor's death.
Senior sub-registrars are appointed as inspectors of registration.
Their work is to inspect the work of all sub-registry offices in
their charge. Bhir district is under the inspector of
registration, Aurangabad Division, Aurangabad. The inspection
memoranda drawn up by these officers are scrutinised by the
Inspector-General of Registration. The prant officers also inspect
the sub-registries and submit their inspection reports to the
District Registrar who forwards them to the Inspector-General of
Registration if they contain anything of importance or interest
deserving his notice.
The Inspector of Registration is directly subordinate to the
Inspector-General of Registration and does not exercise any
administrative control over the registration offices. He is not a
subordinate of the District Registrar. His duty is mainly confined
to the inspection of the technical work of the registration
offices, including the central records and to audit their
accounts. He inspects the books in the central office of record
and reports to the District Registrar about their condition so
that any records which are in danger of being destroyed may be
recopied and authenticated according to law. The inspector
examines the books, indices, accounts and other records in the
offices of the sub-registrars once a year and sends one copy of
his memorandum of inspection to the District Registrar and another
to the Inspector-General for approval. The Inspector-General
passes orders in respect of such memoranda, adding his own remarks
or suggestions, if any, for being complied with by the
sub-registrar concerned.
Fess are levied for registration according to the prescribed scale
but the State Government have exempted or partially exempted levy
of registration fees in respect of documents pertaining to the
societies registered under the Co-operative Societies Act. Certain
types of societies such as urban co-operative societies and land
mortgage banks in Marathwada enjoy restricted exemptions in
respect of documents involving a certain prescribed consideration.
All rural co-operative societies enjoy unrestricted exemption.
[For details see Clauses (m) and (n) of Article of the Table of
fees prepared under Section 78 of the Indian Registration Act by
the former Hyderabad Government.]
Statistics
A total of 4,370 documents were registered in the district during
1960. Of these 4,152 documents falling under compulsory
registration were of the aggregate value of Rs. 80,78,272.41;
documents falling under optional registration were of the
aggregate value of Rs. 2,609; 114 documents affecting moveable
property were of the aggregate value of Rs. 55,900 and 63 were
wills.
The photo-copying system has not been extended to offices in
Marathwada. All such offices in the district follow the hand
copying system.
The Bombay Registration of Marriages Act, 1954, has not been
extended to Marathwada region and is, therefore, not applicable to
this district.
Income and Expenditure
The average annual income of the Bhir Registration District is Rs.
75,471 and the average annual expenditure comes to Rs. 23,103
[Based on the figures for the triennium 1958-1960.]
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