 |
REVENUE ADMINISTRATION
|
 |
THE REGISTRATION DEPARTMENT
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. As a rule, fees
are levied for such registration, but the State Government have exempted co-operative societies registered under the Bombay Cooperative 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. For documents with higher than the prescribed consideration, fees have to be paid. All other co-operative societies enjoy unrestricted exemption. (For details vide G.N.R.D., No. 3648/45 (a), dated 26th July, 1948 amended by G.N.R.D. of even No-, dated 14th June 1949). 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 also registered free of registration fees.
Marriages under the Parsi Marriages and Divorce Act (III of 1936), Bombay Registration of Marriages Act 1953 (Bom. Act No. V of 1954) and marriages under the Special Marriage Act, 1954, are also registered.
In 1957 there were in all nine sub-registries in the district located at Satara, Karad, Phaltan, Koregaon, Jaoli (Medha), Man (Dahiwadi), Patan, Khatav (Vaduj) and Wai.
Some villages of Khandala and Mahabaleshwar petas are included in the regional sub-district of Wai and some villages of these petas are included in the regional sub-district of Phaltan and Jaoli (Medha), respectively. The Sub-Registrar, Wai holds his office at Khandala periodically, on days notified in that behalf. On these days, the Sub-Registrar's clerk at Wai acts as Joint Sub-Registrar, Wai, provided he is duly qualified.
Inspector General of Registration.
An independent post of the Inspector-General of Registration, is created with effect from 3rd July, 1958 and he performs the following duties in addition to his own duties as the Inspector-General of Registration for the Maharashtra State.
(1) Registrar General of Births, Deaths and Marriages.
(2) Chief Controlling Stamp Authority under the Hyderabad Stamp Act, in the Marathawada region of the State.
District Registrar.
The Collector of Satara 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 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 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 Regisrar 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 memorandum of inspection to the Inspector-General. He hears appeals and applications preferred to him under section 72 and 73 of the Indian Registration Act (XVI of 1908), against refusals to register documents by the sub-registrars under him. Under section 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 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 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 requirement and for which the required stamp duty and registration fees are paid. The sub-registrar keeps a record of such registered documents and sends them to officers concerned, extracts from documents affecting immovable property in respect of which a 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 headquarter sub-registrar at Satara 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 of the department 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 other departments. Two sub-registrars in this district worked as ex-officio Mahalkaris in 1957. They were 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 Stamps Act, 1899, which was previously done by the Collector's office.
Inspection.
The work of the sub-registrars is inspected by the Inspector of Registration, Satara division, Sangli (comprising the districts of Satara, Sangli, 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 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 he 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.
Statistics.
The average annual income of Satara Registration District is
Rs. 91,995.53 nP. and the average annual expenditure Rs. 49,983.67 nP (based on the figures of 1957, 1958 and 1959). The copying of the registered documents is done in the seven sub-registry offices by photofilming the documents and in the remaining two offices by hand. In all 12, 858 documents were registered in the district during 1957. Of these, 12,287 documents falling under compulsory registration were of the aggregate value of Rs. 1,03,10,269; 571 documents falling under optional registration were of the aggregate value of Rs. 6,40,992. Five hundred and seventy marriages were registered under the Bombay Registration of Marriages Act V of 1954 and two marriages were solemnised under the Special Marriages Act (XLIII of 1954).
|