REVENUE AND FINANCE

the REGISTRATION DEPARTMENT.

REGISTRATION.

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. As a rule, fees are levied for such registration, but the State Government have exempted co-operative societies registered under the Bombay Co-operative Societies Act (VII of 1925). Certain types of societies, such as the urban credit societies, central financing agencies and housing societies (formed of persons belonging to classes other than agriculturists or backward communities) enjoy restricted exemption in respect of certain documents involving a certain prescribed consideration. All other co-operative societies enjoy un-restricted exemption. Similarly, copies of awards under the Bombay Agricultural Debtors' Relief Act (XXVIII of 1947) and certificates under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, are registered free.

Marriages under the Parsi Marriages and Divorce Act (III of 1936) and the Special Marriages Act, 1954 (which has been in force since 1st January 1955), are also registered. Memoranda of marriages are also registered by the registering officers under the Bombay Registration of Marriages Act, 1953.

Registry Officers.

In 1957, there were 12 sub-registries in the district at Chiplun, Dapoli, Deogad, Guhagar, Kankavli, Khed, Malvan, Mandangad, Rajapur, Ratnagiri, Sangameshwar (Deorukh) and Sawantwadi. Vengurla and Kudal Petas are included in the registration sub-district of Sawantwadi and the Sub-Registrar, Sawantwadi, holds his office at Vengurla and Kudal, periodically on days notified in that behalf. Lanje Peta is included in the registration sub-district of Rajapur.

Inspector General of Registration.

An independent post of the Inspector General of Registration, is created with effect from July 3, 1958 and he performs the following duties in addition to his own duties as Inspector-General of Registration for the Maharashtra State: (1) Registrar General of Births, Deaths and Marriages; and (2) Chief Controlling Stamp Authority under the Hyderabad Stamp Act in the Marathwada Region.

District Registrar.

The Collector of Ratnagiri is the ex-officio District Registrar. The registration unit is separate from the revenue staff; but the District Registrar has powers of supervision over the entire district registration staff. The Sub-Registrars are appointed by the Inspector-General of registration; but the District Registrar has powers to make such appointments in temporary vacancies.

The District Registrar is required to carry out the instructions of the Inspector-General in all 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 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. He is also authorised to receive declarations under the Muslim Personal (Shariat) Application Act (XXVI of 1937), and to register births and deaths under the Births, Deaths and Marriages Registration Act (VI of 1886).

Sub-Registrars.

The Sub-Registrars are immediately subordinate to the District Registrar. Their chief function is to register documents which fulfil the prescribed requirements and for which the required stamp duty and registration fees are paid. The Sub-Registrar keeps record of such registered documents and sends, to officers concerned, extracts from documents affecting immoveable property in respect of which record of rights is maintained, for making mutations therein. On application by parties, he issues certified copies from the preserved records of registered documents.

Every Sub-Registrar is an ex-officio Registrar of Parsi Marriages, under the Parsi Marriages and Divorce Act (III of 1936) and he is also the Registrar of Marriages under the Bombay Registration of Marriages Act, V of 1954. The Sub-Registrar working as head-quarter Sub-Registrar at Ratnagiri is vested with powers of solemnising marriages under the Special Marriages Act (XLIII of 1954). He is also vested with powers under the Muslim Personal (Shariat) Application Act. He is further the ex-officio Assistant Registrar of Companies and Registrar of Births and Deaths under Act VI of 1886. The principle is to utilise as far as possible, the spare time of the sub-registrars in the slack seasons, and to entrust them with some responsible work of the revenue department. One Sub-Registrar in the district worked as ex-officio Mahalkari in 1957 and was empowered to try assistance suits of annual rents up to Rs. 200 under the Land Revenue Code. The Head-quarter Sub-Registrar is also required to do work relating to all stamp matters under the Indian Stamp Act, 1899, which was previously being done by the Collector's Office.

The work of the Sub-Registrars is inspected by the Inspector of Registration, Satara Division (comprising the districts of Sangli, Satara, Kolhapur and Ratnagiri), and the District Registrar, and 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 the notice of the Inspector-General of Registration.

Inspector of Registration.

The Inspector of Registration is directly subordinate to the Inspector-General and does not exercise any administrative control over the registration offices. His duty is mainly confined to the inspection of the technical work of the registration offices, including the central record, 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, indexes, 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.

Statistics.

The average annual income of the Ratnagiri registration district is Rs. 36,738 and the average annual expenditure is Rs. 42,899 (based on the figures for the triennium, 1955 to 1957). The copying of the registered documents is done in three of the offices by means of photography and in the remaining nine offices by hand. In all, 5,003 documents were registered in the district during 1957. Of these, 4,804 documents, falling under compulsory registration, were of the aggregate value of Rs. 24,15,570; 55 documents, falling under optional registration, were of the aggregate value of Rs. 44,972; and 39 documents, affecting moveable property were of the aggregate value of Rs. 46,751 and 105 were Wills. Two hundred and seventy-four memoranda of marriages were registered under the Bombay Registration of Marriages Act, V of 1954 and seven marriages were solemnised under the Special Marriages Act (XLIII of 1954).

TOP