REVENUE ADMINISTRATION

REGISTRATION DEPARTMENT

Functions.

Functions.―The main functions performed by the Registration department are as under:―

(a) registration of documents under The Indian Registration Act (XVI of 1908);

(b) registration of Marriages under (i) The Bombay Marriage Registration Act, 1954, (ii) The Parsee Marriage and Divorce Act (III of 1936), and (iii) The Special Marriage Act (III of 1872); and

(c) registration of births and deaths under the Births, Deaths and Marriages Act (VI of 1886).

Personnel.

Personnel.―The Inspector-General of Registration is the Head of the department. Under him there 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 eight Sub-Registrars one each at Alibag, Karjat, Mahad, Mangaon, Panvel, Pen, Roha and Shriwardhan in Kolaba district.

The Sub-Registrars at Karjat, Mahad, Panvel, Roha, and Shriwardhan hold their offices at the outstation.

The Sub-Registrar, Karjat, holds his office at Khalapur for four days in each of the months from February to April and June. The Sub-Registrar, Mahad, holds his office at Poladpur for two days in the second week of each of the months from January to June. The Sub-Registrar, Panvel, holds his office at Uran for two days in each of the months from January to June. The Sub-Registrar, Roha, holds his office at Pali for four days in each of the months from January to June. The Sub-Registrar, Shriwardhan, holds his office for three days at Mhasla and Murud, respectively, in the months from January to May and October to December.

The Sub-Registry offices are provided with the necessary staff whose appointments are made by the District Registrar. The Sub-Registrars are appointed by the Inspector-General of Registration.

The District Registrar is required to carry out the instructions of the Inspector-General of Registration in all departmental matters; and, if he has any suggestions to make for the improvement of the registration system, he submits them to the Inspector-General. The District Registrar solves the difficulties encountered by the Sub-Registrars in the course of their day to day work. He visits the Sub-registry offices in his district at least once in every two years, and sends his memoranda of inspection to the Inspector General. 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 sealed cover; and it may be 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. The Kolaba district is under the Inspector of Registration, Nasik Division.

Registration of Documents.

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 requirements 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.

In all, 4,220 documents were registered in the district during 1960. Out of these 4,077 documents falling under compulsory registration were of the aggregate value of Rs. 37,21,515; 12 documents falling under optional registration were of the aggregate value of Rs. 66,052 and 68 documents affecting moveable property were of the aggregate value of Rs. 31,329 and 63 were wills.

Fees are levied for registration according to the prescribed scale, but the State Government have exempted or partially exempted levy of registration fee in respect of documents pertaining to the societies registered under the Bombay Co-operative Societies Act (VII of 1925). Certain types of societies such as Urban Credit Societies, Central Financing Agencies and Housing Societies (form-ed of persons belonging to classes other than agriculturists or back-ward communities), enjoy restricted exemptions in respect of documents where the consideration does not exceed the fixed limit. For documents higher than the prescribed consideration the usual fees have to be paid. All other Co-operative Societies enjoy unrestricted exemption. Similarly, copies of awards under the Bombay Agricultural Debtors' Relief Act (XXVIII of 1947) are also exempted from registration fees.

Photo Copying System.

Photo copying system.―The coping of the registered documents is done in three offices in the district by means of photography and in the remaining five offices it is done by hand.

Marriages under the Bombay Registration Marriages Act, 1954.

Marriages under the Bombay Registration of Marriages Act, 1954.―All Sub-Registrars appointed under the Indian Registration Act, in the Old Bombay State area, have been appointed as Marriage Registrars under the Bombay Registration of Marriages Act, 1954, in respect of areas under their respective jurisdiction. The Act is applicable only to the headquarters of the district and taluka or mahal, municipal towns and cantonment areas. Marriages solemnised according to the religious rites of the parties concerned (except marriages solemnised under the Special Marriage Act, Indian Christian Marriage Act and the Parsee Marriage and Divorce Act) in these areas are compulsorily registerable. Infor-mation in respect of the marriages solemnised according to the religious rites is to be filled in the form of memorandum prescribed for the purpose and presented in duplicate to the Marriage Registrar, within 30 days from the date of the Marriage duly signed by the parties concerned.

The Marriage Registrar registers the marriage memorandum in his office and sends its duplicate to the Registrar General of Births, Deaths and Marriages, Poona.

Fees.

Fees.―A fee of Re. 1 is payable as Registration fee for each marriage memorandum if it is presented within the prescribed period of 30 days. In cases of delay up to three months after the expiry of first 30 days, a fee of Rs. 3 is required to be paid. If the delay is longer a fee of Rs. 5 has to be paid.

Any party failing to get the marriage memorandum registered is liable to be prosecuted under section 8 of the Act.

During 1960, the Marriage Registrars in this district have registered 172 marriage memoranda.

Marriage and Divorce Act.

Marriages under the Parsee Marriage and Divorce Act.―Every Sub-Registrar, appointed under the Indian Registration Act has been appointed as Registrar under the Parsee Marriage and Divorce Act (III of 1936) for area under his jurisdiction. Every Marriage solemnised under the Parsee Marriage and Divorce Act is required to be registered in the office of the Marriage Registrar under whose jurisdiction the marriage is solemnised. The priest who solemnises the marriages is required to present the marriage memorandum in the prescribed form.

Fees.

Fees.―A fee of Rs. 2 is payable for each marriage memorandum. This amount is kept with the Marriage Registrar as his personal perquisites. It is not credited to Government.

No Marriages were registered under this Act by Marriage Registrars in the district during 1960.

The Headquarter Sub-Registrar, Alibag, is appointed as Marriage Officer under the Special Marriage Act, 1954, for Kolaba district. He solemnised 13 marriages, under the Act during 1960.

The Headquarter Sub-Registrar and the District Registrar, Kolaba, are appointed as Registrars of Births and Deaths under the Births, Deaths and Marriages Act (VI of 1886), under which births and deaths of Europeans and others who are governed by the Indian Succession Act are registered. No births and deaths have been registered in the district during 1960 under this Act.

Income and Expenditure.

Income and Expenditure.―The average annual income of the Registration Department in the district was Rs. 31,919 and average annual expenditure was Rs. 31,508, during 1958-60.

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