Maharashtra Registration Rules 1961 PDF
Maharashtra Registration Rules 1961 PDF
Maharashtra Registration Rules 1961 PDF
CONTENT
I PRELIMINARY
Short Title
Definitions
II - CERTAIN SUB - REGISTRARS TO HOLD OFFICE AT OUT STATIONS.
4.
5.
6.
7.
Holidays
VII. BOOKS AND FORMS
8.
9.
10.
11.
12.
13.
Day Book.
14.
Cash Book.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
Refund of fine.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
Procedure when document is presented for registration in duplicate copies or memoranda under sections 64 to 67 in respect of duplicates
not to be sent, Indexes of duplicates not to be made. Mode of filing
copies of maps or plans accompanying duplicate.
59.
60.
61.
62.
63.
64.
65.
Remission of fees.
66.
67.
68.
69.
70.
71.
Register of refunds.
71.A
Recovery of fees.
XVII. WITHDRAWAL OF SEALED COVERS
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
Preservation of books.
89.
90.
91.
CHAPTER III
RULES
THE MAHARASHTRA REGISTRATION RULES, 1961
G. N., R. D., No. RGN. 1157 - II - N, dated 17th October 1961
(M. G. G., Pt. IV - A, P. 778)
Amended by G. N, R. D., No. RGN. 1157 - II - N, dated 12th September 1962
(M. G. G., Pt. IV - B, p. 2759)
Amended by G. N., R. D., No. RGN. 1562/62505 N dated 26th September 1962
(M. G. G., Pt. IV-A, p. 809)
Amended hi G. N., R. D., No. RGN 1562/119383 N dated 2nd September 1963
(M. G. G., Pt. IV -A, p. 942)
Amended by G.N., R. & F D., No. RGN. 1563/80752 -.N, dated 4th November 1965
(M. G. G., Pt. IV-A, h. 1068).
Amended by G. N., R. & F. D., No. RGN. 1167/49386 -N, dated 10th July 1968
(M. G. G., Pt. IV- A, p. 304) .
Amended by G. N, R. & F. D., No. RGN. 1269/308036 -N, dated 9th September 1969
(M. G. G., pt. IV - A, p. 1018 ).
Amended by G. AT., R. & F D., No. RGN. 1607/256055-N dated 281h July 1971
(M. G. G., Pt. IV-A, p. 529).
Amended by G. N. R. and F. D. No. RGN-1076/161723-M- 1 dated 4th November- 1980
Amended by G. N. R. and F. D. No. RGN - 1080/CR - 319/M - 1 dated 4th July, 1983.
Amended by, G. N. R. and F. D. No. RGN ( 1088/CR - 649/M-1 dated 26th July 1989.
The following rules made by the Inspector - General of Registration for the State of
Maharashtra
1. The Central Provinces and
Berar Registration Rules,
1939
2. The Bombay Registration
Rules, 1946.
3.
The
Hyderabad
Registration Rules, 1956.
I. PRELIMINARY
1.
Short title:(1 ) These rules may be called the Maharashtra Registration Rules, 1961.
(2)
They shall come into force on the first day of January 1962.
2.
3.
5.
6.
Office hours of registration offices. - Registration offices shall be kept open daily
(Sunday, second and fourth Saturday of every month and holidays excepted) as
follows:(a)
In the districts of Bombay and Bombay Suburban- on all week days, from
10 - 00 a. m. to 5 - 00 p. m. with half an hour recess between 1 - 00 p. m.
and 1 - 30 p.m.
(b)
Elsewhere in the State on week - days, between such hours of the day not
less than seven hours as the Registrar may fix, and where no such hours
are fixed from 10-30 a. m. to 5-30 p.m.] with half an hour recess between
2 - 30 to 3 - 00 p. m.
VI. HOLIDAYS
7.
8.
9.
10.
(2)
(3)
(4)
A separate file shall be kept for filing copies and translations of documents
presented under sections 19 and 62. The copies and translations filed in
this File shall be connected by cross reference with the entries in the
register books.
11.
File of copies of Tagavi Bonds, - A separate file styled " File of copies of Tagavi
bonds" shall be opened for filing copies received under sub - section (1) or (3) of
section 89.
12.
Minute Book and its use.- Every registering officer shall keep a Minute Book in
Form F, and shall enter therein in his own hand, a short note of every case of
suspension or deviation from ordinary procedure of acceptance for, and
admission to, registration and shall also record therein notes of such other
proceedings of cases as may, from time to time, be specified by the Inspector General of Registration. Every such note shall be signed and dated by the
registering officer :
Provided that in the district of Bombay the Sub-Registrar and elsewhere the
Registrar may delegate the duty of writing such note to a Head Clerk or Head
Quarter Sub-Registrar respectively but the Sub-Registrar and the Registrar shall
sign below the note. Such note shall be necessary;(a)
(b)
(c)
(d)
(e)
(f)
(g)
13.
Day Book.- Every registering officer shall keep a Day Book in Form G.
14.
Cash Book.- In every registration office there shall be kept a Cash Book in From
H. All fees received in respect of registration, grant of copies and authentication (
or attestation ) of powers - of- attorney and all other fees, fines and moneys
recovered by the registering officer shall be brought to account in the Cash Book
every day and the registering officer shall sign the same in token of the
correctness of the day's total.
15.
16.
17.
Manner of certifying and verifying pages of new register books and the
simultaneous use thereof.(1 ) Every officer shall certify under his signature [on the back side of the title
page] of every register book issued by him, the number of pages actually
contained in such book as required by sub-section (2) of section 16 and
shall also note the date of issue thereon.
(2)
Every registering officer on receiving a new register book shall count its
pages and satisfy himself that their number tallies with that given in the
certificate [on the back side of the title page]. If it so tallies the registering
officer shall certify to that effect on the back side of the title page ] and
note thereon the date of the certificate If the number does not so tally, he
shall return the register book to the issuing officer for rectifying the error.
The registering officer shall note on every register book received by him
the date of its receipt by him under his signature, and shall take out the
books for use in order of their receipt:
Provided that when the volume of copying work is great, two or more
Volumes of register books No. 1, 3 and 4 may be used simultaneously in
such case, the use of the register books shall be regulated according to
18.
19.
Manner of keeping of register books and records when not in use.- The office of
every Registrar and Sub - Registrar shall be provided with shelves, presses or
almirahs, sufficiently large to contain the register books and other records. All
register books and other records and all papers and documents in the custody of
a registering officer other than documents kept by a Registrar in a fire - proof box
shall, when not required during office hours, be kept in such shelves, presses or
almirahs, as the case may be.
20.
Every office of the Registrar shall function as the central office of record
for the district and the record therein shall be incharge of the [Head
quarter Sub - Registrar ] :
Provided that wherever a record room is not provided in the office of any
Registrar for keeping records of the district, such office shall function as a
central office of record only after a record room is provided therein for
keeping such records.
(2)
The complete volumes of the under mentioned books dating back over
five years and belonging to the office of a Sub-Registrar situated outside
the district of Bombay shall, at the commencement of each calendar year,
be transferred to the central office of record:-
Supplements to register books Nos. 1 [Parts I, II, III, IV and V , VI and VII],
Thumb Print Registers.
Files kept under sub - rule (2) of rule 10.
(3)
Completed Minute Books, Cash Books and Day Books and the files. of
copies of Tagavi bonds shall be retained by Sub-Registrars in their own
offices until they are destroyed in accordance with the rules for the
destruction of such records made by Government.
(4)
The indexes made in the office of each Sub -Registrar shall be bound and
retained in that office and shall be transferred to the central office of
record when the register books are transferred to it under sub-rule (2).
Such indexes shall be kept separate from the indexes made in the office
of the Registrar.
(5)
In the District of Bombay and in any other district in which the office of the
Registrar has not commenced to function as the central office of record, all
the books and other records referred to in sub-rules (2) (3) and (4) shall be
kept by the Sub-Registrar in his own record room.
(6)
This rule shall not apply to the districts or sub - districts specified in a
notification issued under sub - section (1) of section 70 - C.
IX. RE-COPYING OF REGISTER BOOKS
21.
A Registrar may, on the report of an Inspector made to him under sub rule (2) of rule 76 or after personal inspection, by a written order direct
under sub - section (5) of section 51, that any particular register book or
portion thereof which is in danger of being destroyed or becoming wholly
or partially illegible shall be re - copied by hand or by photography as he
may deem fit:
Provided that where only a portion of an entry is in danger of being
destroyed or becoming illegible, the Registrar shall direct that the whole
entry including the true -copy certificate shall be re -copied.
(2)
(3)
A note shall be made in the old register book below each original entry
which has been re-copied showing the number of the new register book
and the number of the page of such book in which the entry has been re copied.
(4)
When an entire register book is re - copied, the new register book shall
bear the same number as the old one. After the entries in the new register
book have been compared with the entries in the old register book and the
new register book certified by the registering officer as aforesaid, the old
register book shall be destroyed and a note about its destruction shall be
made in the catalogue of records. Such note shall also show the number
of the new register book in which the entries from the old register book
have been re - copied.
(5)
22.
23.
Signing and dating of Notes.- All notes made under the rules contained in this
Part shall be signed and dated by the registering officer.
24.
25.
Provided that nothing in this rule shall be deemed to affect the power of a
Registrar to refuse such application.
26.
Refund of fine -Where the application for a direction lodged with the Sub Registrar under sub - section (1 ) of section 25 or under the proviso to sub section (1) of section 34 is refused by the Registrar, the whole amount of fine
paid by the applicant under rule 25 and where the amount of fine imposed by the
Registrar is less than the amount of fine paid by the applicant under rule 25, the
excess amount of fine, shall be refunded to the applicant:
Provided that when a direction is made under section 25 but the Registrar
refuses to direct registration under the proviso to sub - section (1) of section 34,
the fine imposed under section 25 shall not be refunded.
27.
Scale of lines under section 25 or 34:- The scale of fines to be imposed under
section 25 or 34, shall be as follows, namely:
(1)
if the delay does not exceed one month - not exceeding 2 times the
proper registration fee;
(2)
if the delay exceeds one month but does not exceed two months - not
exceeding five times the proper registration fee;
(3)
if the delay exceeds two months but does not exceed three months - not
exceeding 7 times the proper registration fee;
(4)
if the delay exceeds three months but does not exceed four months - not
exceeding ten times the proper registration fee.
Note: This rule does not affect the Registrar's discretion to impose a smaller fine than
the above maximum, under sections 25 and 34, in suitable cases.
XI. INDEXES
28.
29.
Forms of indexes under section 55.-Indexes Nos. I, II, III and IV required to be
made under section 55 shall be made in forms M, N, O and P respectively and
indexes Nos. I - A and II - A shall be made in Forms M and N respectively:
Provided that indexes Nos. II and II - A in respect of properties in city surveyed
areas shall also be kept in Form N (Part II )
30.
alphabetically under the initial letter of the surname. Indian names (or foreign
names where no fixed surname is used ) shall be indexed under the initial letter
of the personal name. All prefixes and affixes denoting rank, occupation or caste
shall be put into brackets and shall not be taken into consideration for the
purpose of preparing indexes in alphabetical order. In the case of an Indian
Christian, who has no family name, and who adds his father's name or the name
of his village to his own, the names shall be indexed in the same manner as an
ordinary Indian name.
31.
(2)
(3)
32.
33.
34.
(2)
(3)
35.
Binding of Index No. III. - In the office of every Registrar and Sub-Registrar, index
No. III shall be bound into a separate volume either year by year or, if more
convenient, over a number of years together.
36.
37.
Manner of preparing index of register book No. 2. - At the end of every year an
alphabetical index in Form Q shall be prepared at the end of register book No. 2
of all the entries in such book.
XII. PROCEDURE OF REGISTRATION
38.
(2)
Explanation:- For the purposes of this sub - rule " day " means a day beginning
one hour before sunrise and ending one hour after sunset.
39.
40.
41.
(2)
In the City of Bombay, the Sub -Registrar, and elsewhere, the Registrar,
may delegate the duty of recording the endorsement under this rule to his
Personal Clerk and the Sub - Registrar at the headquarter, respectively.
(3)
Any instrument executed by or in favour of any Officer referred to in sub section (1) of section 88 may be presented for registration to the
registering officer under a covering letter from such officer issued in his
official capacity.
(2)
The serial number under which a document is entered in the Day Book
shall be endorsed on the document above the endorsement made under
rule 39.
42.
43.
(1)
(2)
Other offices.
Rs. [ P ]
Rs. [ P]
Registration.
Registration.
Copying (Folios)
Postage
Total
Total
A. B.
A. B.
(2)
44.
When the fees for any other items specified in Form R are levied, these
items shall be noted in manuscript.
(f)
(g)
(h)
(2)
45.
Withdrawal when allowed:- A registering officer may, before the admission of any
of the executants is recorded, at the request in writing of the party presenting the
document for registration, allow him to withdraw the same.
46.
47.
(1)
(2)
(3)
In the city of Bombay, the Sub-Registrar and elsewhere, the Registrar may
delegate the duty of recording the statement under sub - rule (2) to his [
Personal Clerk and the Headquarters Sub - Registrar ], respectively
48.
If a registering officer does not, on the face of it, see any objection to
accepting a document for registration he shall proceed with the enquiry
under section 34 and if the document is admitted to registration, the
endorsements under section 58 and the certificate under section 60 shall
be made in the manner shown in Form L,
(2)
(3)
(4)
(5)
Where the person appearing before the registering officer as .in executant
of a document is in the military employment of Government and is unable
to produce any witness or witnesses to identify him or to prove his identity,
as the case may be, the registering officer shall if such person produces
his identity card duly certified and bearing his photograph, accept it as
sufficient proof of his identity, unless the registering officer has ground to
believe that the identity card is not genuine. If the identity card is accepted
as such proof, the registering officer shall endorse on the document the
number of the identity card and the designation of the authority purporting
to have signed and certified it.
49.
50.
2.
3.
(2)
51.
52.
53.
(2)
54.
(b)
in the case of an erasure or blank, two marks " XX " in red ink, one
at each of such erasure or blank shall be made and similar mark
shall be made in column 1, against it and the word " erasure" or
"blank", as the case may be, or the corresponding word in the
regional language of the district shall be written after such marks.
All such notes shall be attested by the initial of the registering
officer.
The same procedure shall be adopted in the case of copies granted under
section 57 or those forwarded under sections 65, 66 and 67.
exception of the serial number, which shall be repeated on every page. The
endorsements shall in no case be copied alongside of the copy of any document
other that that to which they relate. If in the case of any documents, copies of the
endorsements in column 2 of a register book extend lower down than the space
occupied by the copy of the document in the column in which in document is
copied, the blank space left in the last named column shall be cancelled by cross
lines in ink being drawn over it.
55.
When the copy in a register book has been completed, it shall be carefully
compared with the original and the copyist, the reader and the comparer
shall, respectively, endorse below the copy the words " copied by me ",
"read by me" and "compared by me" and shall attach their respective
signatures thereto ;
Provided that where there is no separate reader and the comparing is
done by the Sub - Registrar himself by " eye method " it shall not be
necessary to make the endorsement "read by me".
(2)
The registering officer shall then certify under his signature that it is a true
copy.
(3)
(4)
Number of mistakes: 8 (eight) ; (1) and (7) Interlineations; (2), (3) and (6) blanks;
(4) and ( 8 ) erasures; (5) corrections ( initials of the registering officer) *
(Signed) A. B.
Registering Officer.
(5)
In the city of Bombay, the Sub -Registrar and elsewhere, the Registrar
may delegate to his [ Head Clerk or Senior Clerk and the Headquarter
Sub-Registrar], respectively, the duty of attesting copies of documents in a
register book as well as copies given under section 57 or forwarded under
56.
The true copy certificate shall in the case of copies given under section 57
from the central office of record, be signed by the [ Headquarter Sub Registrar].
57.
58.
(2)
along with the original shall be made below the true copy certificate in the
case of a copy, and in the "Remarks" column in the memorandum.
59.
(3)
(4)
Endorsement on copies of maps and plans received under section 21 and below
true copies of documents concerned: Endorsements to be signed and dated;
Attestation of copies of maps or plans by, executant:
(1)
On the copy of every map or plan received under section 21, the
registering officer shall make the following endorsement, namely: " Copy of map or plan accompanying the document registered at number
............, at page ........, volume ............ of register books No. 1
The registering officer after entering the copy of the map or plan in Part II
of the Supplement to register book No. 1 shall make a note in the register
book No. 1 below the true copy certificate of the document to which it
belongs, as follows:"copy of map or plan accompanying is entered at page............... of volume
............... of Part II of the Supplement to the register book No. 1.-
60.
(2)
(3)
61.
62.
63.
(2)
Documents which are kept separate. List of unclaimed documents to be hung up.
Notice to presenter or his nominee, if any for unclaimed documents and manner
of sending it.(1)
(2)
(3)
Contents of copy of reasons, under sections 71 and 76. the copy of reasons
required to be given to an applicant under sections 71 and 76 shall be a copy of
the entries in register book No. 2 relating to the document of which registration
has been refused.
64.
Copy of order passed by Registrar on appeal or application to be sent to Sub Registrar and manner of copying it in register book No. 2.- A copy of every order
passed by a Registrar on appeal or application shall be sent of the Sub-Registrar
against whose decision the appeal or application was made, and the substance
of the order with a brief statement of the reasons therefor, in case of refusal, shall
be copied by the Sub - Registrar in column 5 of the register book No. 2.
XIII. RETURNS AND ACCOUNTS
65.
Remission of Fees.- All fees received under the Act and the rules made
thereunder, shall be remitted daily to the nearest Treasury or Bank accompanied
by the cash book and the signature of the officer - in - charge of the Treasury or
Accountant shall be taken in the cash book. Where it is inconvenient to send the
cash book along with the remittance to the Treasury or Bank, the remittance may
be sent in duplicate challans, and the receipted challan obtained and kept in a
separate file. In such case however, the particulars of the receipted challan, shall
be noted below the relevant entry in the cash book. At stations where there is no
Treasury or Bank, the fees shall be remitted to the nearest Treasury or Bank at
such intervals as may, from time to time, be determined in this behalf by the
Inspector General of Registration.
Explanation.- For the purposes of this rule.
(a)
Bank' means the Reserve Bank of India or any office or agency of the
Reserve Bank of India and includes any branch of the State Bank of India,
State Bank of Hyderabad acting as the agent of the Reserve Bank of India
in accordance with the provisions of the Reserve Bank of India Act, .1934.
(b)
66.
67.
68.
69.
(2)
The registering officer shall attest the powers -of -attorney under section
33 in Form W.
(3)
The consecutive number under which the power -of -attorney is entered in
the Register in Form I and the fee charged shall be noted on the power of - attorney.
XV. ISSUE OF COMMISSIONS
70.
71.
(2)
If such person fails to pay it within the said period, the Sub-Registrar shall
report the fact to the District Registrar to whom he is subordinate. The
district Registrar shall enquire into the matter and make his report to the
Inspector-General of Registration.
(3)
On receipt of the report, the Inspector -General may, on going through the
report and after making due inquiry and giving the person an opportunity
to be heard, issue a certificate in Form YA directing that the said amount
is recoverable from such person as an arrear of land revenue; and forward
it to the Collector within whose jurisdiction such person resides.
(4)
72.
73.
All applications to be in writing and to comply with the Bombay Court-tees Act,
1959 the Indian Stamp Act, 1899 and the Bombay Stamp Act, 1958 and to be
numbered and filed:(1)
All applications for copies, searches, inspections or for any other purposes
required to be made under the Act or these rules shall be made in writing
to a registering officer and every such application shall be numbered and
filed by the registering officer.
(2)
The registering officer shall not accept any application, unless it complies
with the provisions of the Bombay Court-fees Act 1959, the Indian Stamp
Act, 1899 and the Bombay Stamp Act. 1958, as the case may be.
XIX. DESTRUCTION OF DOCUMENTS
74.
(2)
76.
(2)
Every Inspector shall examine the books, indexes, accounts and other
records in the office of a Sub-Registrar subordinate to him once in every
year. He shall, as required by sub-section (2) of section 52, authenticate
such register books as he may examine by making a record in each of
them to the following effect:
Every Inspector shall also inspect the books of the Sub Registrars
subordinate to him and the books in the central office of record for the
district and report to the Registrar the register books mentioned in sub section (1) of section 51 or portions thereof which are in danger of being
destroyed or becoming illegible wholly or partially.
(3)
The Inspector shall, in the " Inspection Form " prescribed by the Inspector
-General of Registration from time to time, make a memorandum of all
errors, acts of negligence or doubtful practices detected and after giving
the Sub-Registrar an opportunity to explain or set right at once any defect
found, and after proposing such orders on the memorandum as he may
deem proper, send one copy of the same for information to the Registrar
to whom the Sub-Registrar is subordinate and one copy to the Inspector General of Registration for approval.
(4)
77.
Submission of diary of work by Inspectors. -On or before the 7th day of every
month, each Inspector shall submit to the Inspector General of Registration a
diary of his work and movements during the preceding month.
XXI. ADMINISTRATION REPORT
78.
(2)
(c)
(d)
(e)
(f)
the amount of fees collected in his office and those collected
in the offices of the Sub - Registrars subordinate to him and an
explanation of the significance of the statistics as bearing upon the
economic condition of the people.
(3)
In the two years intervening between the dates of such reports, the
Registrar shall, on or before the date appointed by the Inspector -General
of Registration
from time to time in this behalf, submit the prescribed
(4)
79.
80.
(2)
The list shall be prepared in duplicate, one copy being sent to the
Manager, and the other, permanently preserved by the registering officer
in his office.
81.
Manner of' sending documents to Manager. - The documents shall be sent to the
Manager by registered post, after being properly packed and secured in the
manner prescribed by the Inspector -General of Registration.
82.
H. V. L. - I
4-8754-4/8
19
The document shall then he entered in the list referred to in rule 80.
Note : The Book No. shall not be marked in the case of documents registered in Book
No. 1.
83.
84.
85.
Photo copies to be kept loose in box; its contents to be certified. -In the district
of Bombay and Bombay Suburban District photo-copies of documents to be
entered in register books shall not be bound into books, but shall be kept loose in
a box, each box being considered as a book. The contents of each box shall be
certified by the senior Sub-Registrar, Bombay, or the Sub-Registrar, Bandra, as
the case may be, in the form prescribed by the Inspector - General of
Registration.
86.
87.
Numbering of pages and manner of binding books. -The pages of the register
books so formed shall be numbered serially and a certificate in Form AG shall be
given at the end, which shall be signed and dated by the Inspector. The books
shall be bound with a tape or strong cord approved by the Inspector - General of
Registration and the knot shall be secured by means of a metal seal by the
Inspector.
88.
Preservation of books. - All the books shall be preserved in the offices of SubRegistrars to which they belong in the manner approved by the Inspector General of Registration.
89.
90.
91.
Each separate length of film shall bear at the end of it a certificate by the
Photo Registrar in the following form :-
The certificate shall be signed, sealed and dated by the Photo - Registrar.
The certificate shall be given after the film is developed, prints are taken
from it and the photo - copies are duly signed, dated and sealed by the
Photo Registrar.
(3)
(1) of section 70 - D
CHAPTER V
COMPARATIVE TABLE SHOWING THE NEW RULES
(MAHARASHTRA REGISTRATION RULES 1961) AGAINST
THE OLD RULES.
Revised
Rule
(1)
1
2
3
4
5
6
6A
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Old Rules
(2)
1
2
3
4
5
6
New
7
s
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Revised
Rules
(3)
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
Old Rules
(4)
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
Revised
Rules
(5)
64
65
66
67
68
69
70
71
71-A
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
Old Rules
(6)
64
65
66
67
68
69
70
71
New
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
And whereas, under sub-section (4) of section 16 read with Part II of Schedule A
appended to the said Act, land to the extent specified therein, is to be acquired from
holdings as specified therein,
And whereas, under Government Notification, Revenue and Forest. Department,
No. RGN.1079/120889/M-1 dated the 12 the May 1980, the State Government has
declared that the registration of any document effecting a transfer of lands within a
village or area in the affected or benefited zone of a project, to which the provisions of
the said Act have been applied under section 11 of the said Act, is opposed to public
policy;
And whereas, it has been brought to the notice of the State Government that a lot
of hardship is caused to the holders of land, the area of which does not form part of the
benefited zone as finally declared under section 15 of the said Act, and is not generally
required to be acquired for resettlement purpose, by requiring them to obtain permission
under section 12 (1) of the said Act, individually for land transactions and on account of
general ban on registration of certain documents as aforesaid;
And whereas, it takes considerable time to make a declaration under sub-section
(1) of section 12 of the said Act, till all proceedings for acquisition of lands in the
benefited zone are completed;
And whereas, the State Government is satisfied that general permission should
be given to such holders to facilitate their genuine transactions with others and that
there should be no ban on registration of documents relating to such transactions;
Now therefore, in exercise of the powers conferred by sub-section (2) of section
12 of the said Act, the Government of Maharashtra hereby grants necessary permission
to all persons for any of the transactions referred to in clauses (a) (b) and (c) of subsection (1) of section 12 of the said Act, in respect of the whole or part of their holdings,
the area of which does not form part of the benefited zone under the project as maybe
declared under sub-section (1) of section 15 of the Act subject to the condition that the
grant of permission shall be without prejudice to the area of and that may be liable to be
compulsorily acquired under section 16 of the said Act, on the basis of any holding as it
existed immediately before the grant of this permission;
And in exercise of the powers conferred by section 22-A of the Registration Act,
1908 (XVI of 1908), in its application to the State of Maharashtra, the Government of
Maharashtra hereby further directs that nothing contained in Government Notification,
Revenue and Forests Department, No. RGN. 1079/120889/M-1, dated the 12 th May
1980, shall apply to - registration of any documents by any person in respect of any
transaction of land for which general permission has been given to him by this
notification.
(G.N.R. & F.D. No. RPA. 1086/CR-4141/RI dated 26th March 1987).
"In exercise of the powers conferred by sub-section (1) of Section 22-A of the
Registration Act, 1908 (Act XVI of 1908), in it application to the State of Maharashtra the
Government of Maharashtra hereby declares that the registration of a document
purporting, or operating to effect a contract popularly known as "Companionship
Contract " or "Maitri Karar" is opposed to public policy.
Explanation :- For the purpose of the notification the expression "Companionship
Contract" or Maitri Karar" means a contract (by whatsoever name called) between a
male and a female, whether either or both of them married or not, the consideration or
object of which is forbidden by law, immoral or opposed to public policy".
(G.N.R. & F.D. RGN-1081/CR-410/81-M1 dated 8-6-1983) - .
In exercise of the powers conferred by section 22-A of the Indian Registration
Act, 1908 (XVI of 1908), in its - application to the State of Maharashtra and in
supersession of the Government Notification, Revenue and Forses Department No.
RGN. 1079/120889-M-1, dated 12th May 1980, the Government of Maharashtra hereby
declares that the registration of a document effecting a transfer of lands within the
villages or areas in the affected or benefited zone of a Project to which the provisions of
the Maharashtra Project Affected Persons Rehabilitation Act, 1986 (Mali. XXXII of
1989), havebeen applied under section 11 of the said Act, is opposed to public policy.
(G.N.R. & F.D. No. RGN. 1090/CR-810/M-1, dated 8th August 1990.
Whereas, sub-section (1) of section 12 of the Maharashtra Project Affected
Persons Rehabilitation Act, 1986 (XXXII of 1989 (hereinafter referred to as "the said
Act") provides that notwithstanding anything contained in any law for the time being in
force, no agricultural land in the villages or areas specified in the notitication under
section 11 of the said Act shall, after publication of that notification in the Official
Gazette and until the Collector makes a declaration to the effect that no further land in
the benefited zone of any particular village or area therefrom is required for the
purposes of the said Act, be transferred, sub-divided, partitioned or converted to nonagricultural purpose in any manner as specified in that sub-section, except with the
permission in writing of the State Government ;
And whereas, under sub-section (4) of section 14 read with clause (e) of subsection (1) of section 13 and Part II of Schedule appended to the said Act (hereinafter
referred to as" "the said Schedule") agricultural holdings in the Act, with the minimum
area as per appropriate slab which the State Government has made applicable for the
purpose of acquisition of land in such benefited zone, as mentioned in Schedule hereto
appended, is exempted from the - acquisition for resettlement purposes;
And whereas, under Government Notification, Revenue and Forests Department
No. RGN. 1090/CR-8101M-1, dated the 8th August 1990, registration of any document
affecting a transfer of lands within a village or area in the affected or benefited zone of a
project, to which the provisions of the said Act have been applied under Section 11 of
the said Act is opposed to public policy;
And whereas, it has been brought to the notice of the State Government that lot
of hardship is caused to the holders of lands, the area of which is minimum or below the
minimum area specified in the appropriate slab made applicable by the State
Government to a particular village or area under clause (c) of sub-section (1) of section
13 and therefore, not liable for acquisition for resettlement. purposes, by requiring them
to obtain -permission under sub-section (1) of section 12 individually for land
transactions and on account of general ban on registration of certain documents as
aforesaid;
And whereas, the State Government is satisfied that general permission should
be given to such holders to facilitate their genuine land transaction with others and that
there should be no ban on registration of documents relating to such transactions.
Now, therefore, in exercise of the powers conferred by sub-section (2) of section
12 of the said Act, and in supersession of the Government Notification, Revenue and
Forests Department No. RPA. 1080/CR-16/RI dated the 5th September 1986, in so far
as it relates to the Irrigation projects which on coming into force of the said Act are
governed by the said Act or to which the provisions of the said Act are made applicable
the Government of Maharashtra hereby
(a) grants the necessary general permission to all.
Persons whose total holding is the prescribed minimum of 1 Hectare and 61 acre
or below, for any of the. transactions referred to in Clauses (a), (b), (c) and (d) of subsection (1) of section 12 of the said Acting respect of whole or part of their holdings; and
(b) also grants the necessary general permission to all persons whose total holding is
as per the prescribed minimum in the appropriate slabs II, III, IV and . V of Part II of the
said Schedule and specified in the Schedule hereto, or below, for any of the
transactions referred to in clauses (a), (b), (c) and (d) of sub-section (1) of section 12 of
the said Act, in respect of whole or part of their holding, subject to the condition that the
permission granted hereby shall not take effect until the notification required under
clause (c) of sub-section (1) of-section 13 of the said Act is published in the official
Gazette, declaring which of the slabs II, III, I V and V mentioned in Part II of the said
Schedule shall apply for the purpose of acquisition of land in the benefited zone;
And in exercise of the powers conferred by section 22-A of the Registration Act,
1908 (XVI of 1908), in its application to the State of Maharashtra, the Government of
Maharashtra, hereby further directs that nothing contained in Government Notification,
Revenue Department, No.RGN1090/CR-810/M-1, dated the 8th August 1990 shall
apply to registration of any document by any persons specified as aforesaid in respect
of any transaction for which general permission has been given to him under this
notification, provided that he files with the registering officer a duly sworn or affirmed
affidavit that his total holding does not exceed the minimum area exempted as per the
slab made applicable to particular village or area under clause (c) of sub- section, (1) of
section 13 of the said Act.
Schedule.
I
II
III
IV
V
Slab
Hectare Ares
1
2
3
4
4
61
42
23
04
85
Area exempted
(A.G.)
(3. 39)
(5.391/a)
(7.391/a)
(9.39 1/4)
(11.391/a)
said section 88, the holders for the time being of offices of the (1) Managing Director (2)
Company Secretary and Law Officers, (3) Chief Engineer and (4) Pro ject Manager, of
City and Industrial Development Corporation of Maharashtra Ltd.
(G.N.,R.& F.D., No. RGN-1074/218919-N dated 28th November 1974)
In exercise of the powers conferred by clause (d) sub-section. (1) of section of
the Registration Act, 1908 X (XVI of 1908) in its application to the State of Maharashtra,
the Government of lvlaharashtra hereby specifies for the purposes of the said section
88, the holders, for the time being, of the offices of the Regional Officers at Pune,
Nagpur and Aurangabad of the Maharashtra Industrial Development Corporation.
(G.N.,R. & F.D., No. RGN-1078/188630-M-1 dated the 16th April 1979).
In exercise of the powers conferred by clause (d) of sub-section (1) of section 88
of the Registration Act, 1908 (XVI of 1908), in its application to the State of
Maharashtra, the Government of Maharashtra hereby specifies for the purpose of the
said section 88, holder, for time being, of the office of the Assistant Law Officer of
Maharashtra - Industrial Development Corporation, and for that purpose amends
Government Notification, Revenue and Forests Department, No. RGN. 1070/94868-N,
dated the 29th July 1971, as follows, namely :
In the said notification for the words "the Deputy Secretary" the words "the
Assistant Law Officer" shall be substituted.
(G.N.,R.& F.D.No. RGN. 1080/191064-M-1 dated 3rd November 1980).
In exercise of the powers conferred by clause (d) of sub-section (1) of section 88
of the Registration Act, (XVI of 1908), in its application to the State of Maharashtra, the
Government of Maharashtra hereby specifies for the purpose of the section 88, holder
for the time being of the office of the Assistant Law Officer of the City and Industrial
Development Corporation of Maharashtra Limited.
(G.N., R. & F.D. No. RGN-10831CR-154-M-1 dated 5th July 1983)
In exercise of the powers conferred by clause (d) of sub-section (1) of section 88
of the Registration Act, 1908 (XVI of 1908), in its application to the State of Maharashtra
and in super session of Government Notification, Revenue and Forests Department No.
RGN.-1083/CR-154-M-1 dated the 5th July 1983, the Government of Maharashtra
hereby specifies for the purpose of the said section 88, the holder for the time being of
the office of the Marketing manager, the Marketing Officer, the Manager (Town
Services), the Estate, Officer, the Assistant Lands and Survey Officer and the Assistant
Law Officer of the City and Industrial Development Corporation of Maharashtra Limited.
(G.N.R.& F.D. No. RGN-1585/CR-230-M-1 dated 27th February 1986). In exercise of
the powers conferred by clause (d) of sub-section (1) of section 88 of the Registration
Act, 1908 (XVI of 1908) in its application to the State of Maharashtra, the Government
of Maharashtra hereby specifies for the purposes of the said section 88, the holder, for
the time being of the office of the Chief Officer, Pune, Housing and Area Development
Board, Pune.
(G.N.R. & F.D. No. RGN. 1089/2248/CR-352/M-1 dated 14th September 1989).
In exercise of the powers conferred by clause (d) of sub-section (1) of section 88
of the Registration Act, 1908, (XVI of 1908), in its application to the State of
Maharashtra, the Governrnent of Maharashtra hereby specifies for the purposes of the
said section 88, the holder, for the time being of the office of the Registrar, National
Institute for training in Industrial Engineering, Bombay.
(G.N.R. & F.D. No. RGN-1089/CR.1033/M-1 dated 5th February 1990).
In exercise of the powers conferred by clause (d) of sub-section (1) of section 88
of the- Registration Act, 1908 (XVI of 1908) in its application to the State of
Maharashtra, the Government of Maharashtra, hereby specifies for the purposes of the
said section 88, the holders for the time being, of the office of the Chief Administrator,
New Towns, The Administrator, New, Nashik and the Administrator, New Nanded, all of
the City and Industrial Development corporation of Maharashtra Limited.
(G.N.R. & F.D. No. RGN. 1090/4416/CR-1093/M-1 dated 30th January 1991).
The Government of Maharashtra is pleased to establish an office of the Joint
Sub-Registrar at each of the places mentioned in column 2 in the Registration subdistrict mentioned in column 3 in the districts mentioned in column 4 of the Schedule
here-to annexed and to direct under section 6 of the said Act, that the officers
mentioned in column 5 of the said Schedule shall act as Joint Sub-Registrars of the
respective sub-districts during the period the said Sub-Registrars hold their offices at
the places other than their headquarters.
Schedule.
S.No.
1
Place
2
Registration
Sub-district
3
Registration
District
4
Karad
Karad
Satara
Officer to
Work as Joint
Sub-Registrar
5
Sub-Registry
Karkun, Karad
district of Karad in the registration district of Satara to be styled as the office of the Joint
Sub-Registrar, Karad, and direct under Section 6 of the said Act that the SubRegistry
Karkun in the office of the Sub-Registrar, Karad, shall act as Joint SubRegistrar, Karad
andhold his office at Umbraj in the Satara district during theperiods specified in the
notification issued by the Inspector General of Registration under rule 3 of the
Maharashtra Registration Rules 1961.
(G.N.,R & F.D., RUN. 1564/156156-N, dated 3rd Octber 1970).
In exercise of the powers conferred by sub-section (1) of section 7 of the
Registration Act, 1908, (XVI of 1908), in its application to the State of Maharashtra, the
Government of Maharashtrahereby establishes, with effect from the 15th October 1976,
an office of the Joint Sub-Registrar at Jafrabad, in the Registration Sub-district of Jalna,
in the Registration district of Aurangabad to the styled-as the office of the Joint SubRegistrar, Jalna, and directs under section 6 of the said Act, that the senior most SubRegistry Karkun in the office of the Sub-Registrar, Jalna, shall act as Joint SubRegistrar, Jalna and hold his office at Jafrabad in Taluka Jalna of Aurangabad District,
during the period specified in the notification issued by the Inspector General of
Registration, Maharashtra State, Pune under Rule 3 of the Maharashtra Registration
Rules, 1961.
(G.N.,R.& F.D.No., RGN-1076/160594-M-I dated 1st October 1976).
The Government of Bombay is pleased to establish an office of the Joint SubRegistrar at each of the places mentioned in column 2 in theregistration sub-district
mentioned in column 3 in the districts mentioned in column 4 of the Schedule hereto
annexed and to direct under section 6 of the said Act that the. officers mentioned in
column 5 of the said schedule shall act as Joint Sub Registrars of the respective subdistricts during theperiod the said Sub-Registrars hold their offices at theplaces other
than their headquarters.
S.No.
1
Place
2
Registration
Sub-district
3
Registration
district.
4
Wai
Wai
Satara
Officer to work
as Joint Sub
Registrar.
5
Sub-Registry
Karkun, Wai.
(b) the Collector of each of the District mentioned in column1 of the schedule
other than theDistrict ofHyderabad,shall ex office registrar of that District
(c) the office of each of the said Registrar of Districts and the City Registrar shall
be established at the place mentioned at serial number 1 column 3 there of;
(d)
(e) the Sub-Registrar of each of the Sub-Districts mentioned at serial number 1 in
column 2 is authorised to exercise and perform, in addition to his own powers and
duties, all the powers and duties of Registrar to whom he is subordinate except the
powers to hear an appeal against an order passed by him under the said Act.
District
1
Sub-district
2
Station of office
3
Osmanabad.
1 Osmanabad.
1. Osmanabad.
Bhir
1 Bhir
1 Bhir
Aurangabad.
1 Aurangabad.
1 Aurangabad.
Parbhani
1 Parbhani
1 Parbhani
Nanded.
1 Nanded
1 Nanded
Sub-Registrar or
Joint Sub
Sub-Registrar.
4
Sub-Registrar,
Osmanabad, Taluq.
Sub-Registrar,
Bhir Taluq.
Sub-Registrar,
Taluq
Aurangabad.
Sub-Registrar,
Parbhani, Taluq.
Sub-Registrar,
Nanded Taluq.
Cease the powers conferred on him by the said sections registration of any
document or the performance of any act which h e is empowered to register or perform
under the ordinary powers of Sub-Registrar.
(G.N.R. & F.D..No. RGN.1082/CR-21/83-M-I dated 19th July 1984.
In exercise of the powers conferred by sub-section (2) of section 7 of the
Registration Act, 1908 (XVI of 1908 IN ITS APPLICATION TO THE State of
Maharashtra, the Government of Maharashtra hereby (a) amalgamates with effect from the 1 st day of August 1984, the office of the
Sub-Registrar at Gadchiroli with the office of the Registrar of the Registration - District
of Gadchiroli; and
(b) authorises the Sub-Registrar of Gadchiroli to exercise and perform, in
addition to his powers and duties, the powers and duties under section
30(1),25,34,65,74,75 and 76 of the said Act, of the Registrar of Gadchiroli in respect of
documents registered by him in exercise of the powers conferred under sub-section (1)
of section 30:
Provided that, the Sub-Registrar shall not exercise the powers conferred on him
by the said sections registration of any document or the performance of any act which
he is empowered to register or perform under the ordinary powers of Sub-Registrar.
(G.N.R. & F.D.No. RGN.1082/CR-21/83-M-I dated 10th July 1984).
In exercise of the powers conferred by sub-section (1) of section 7 of the
Registration Act, 1908, (XVI of 1908), in its application to the State of Maharashtra and
supersession of all the previous Government Notifications issued in respect of
registration sub-district/of Akola, the Government of Maharashtra hereby establishes
with effect from the lst day August 1984 offices to be styled as the office of the Joint
Sub-Registrar, Akola I, and the office of the Joint Sub-Registrar, Akola II, in the
Registration Sub-District of Akola in the Akola Registration District.
(G.N.R.& F.D. No. RGN.1082/CR-21/83-M-I, dated 19th July 1984).
In exercise of the powers conferred by sub-section (2) of section 7 of the
Registration Act, 1908 (XVI of 1908), in its application to the State of Maharashtra, the
Government of Maharashtra hereby(a) amalgamates with effect from the lst day of October 1990, the office of the
Joint Sub-Registrar at Bandra, with the office of the Registrar of the registration district
of Bombay Suburban; and
(b) authorises, the Joint Sub-Registrar to exercise and perform the duties under
section 25.34, 65, 74,75, and76 of the said Act, of the Registrar of Bombay Suburban in
respect of documents registered by him:
Provided that, the Sub-Registrar shall not exercise the powers conferred on him
by the said sections for registration of any document or for the performance of any act
which he is empowered to register or, as the case may be, perform under the ordinary
powers of Sub-Registrar.
(G.N.R.& F.D. No. 1091/CR-361/NI-1 dated 23rd May 1991).
CODE OF CRIMINAL PROCEDURE, 1973.
No. RGN-10E8/307278-M-1 :- In exercise of the powers conferred by section 347
of the Code of Criminal Procedure, 1973 (2 of 1974), in its application to the State of
Maharashtra, the Government of Maharaslztra hereby direct that all Registrars of
districts appointed under the Indian Registration Act, 1908, (XVI of 1908) shall be
deemed to he Civil Courts within themeaning of section 345 and 346 of the said code.
In exercise of the powers conferred by Clause (f) of section 58 of the Transfer of
Property Act, 1882 (4 of 1882), in its application to the State- of Maharashtra, the
Government of Maharashtra hereby specifies the following towns for the purposes of
the said clause (i), namely :
Thane, alibab (Koiaba)Ratnagiri, Nasik, Dhulia, Jalgaou, Poona, Ahmednagar,
Satara, Sangli, Sholapur, Kolhapur. Parbhani, Bhir, Nauded, Osmanabad, Nagpur,
Buldana Akola, Amravati, Yeotmal, Wardha, Bhandara and Chandrapur.
(G-.N.R. & F.D. No. TAP. 10691282010-N dated 9th Feb. 1973).
the Sub-Registrars of sub districts specified in column 1 of the Schedule hereto shall
hold their offices at the outstations mentioned in column 2 of that Schedule, during the
period specified in column 3 thereof.
SCHEDULE.
Sub - District
Out Station
Authority
(Notification
Period during which office
issued by Govt./Inspector
to be Held
General of Registration.
AHMEDNAGAR DISTRICT.
Jamkhed
Kharda
Sangamner
Shirpur
Malegaon
Teflhar a
Hivarkhed
Every
Tuesday
throughout the year.
D-3/Case
485/2103-07
th
dated
20
March
1985.
Every Tuesday through-out the year.
AMRAVATI DISTRICT.
Achalpur
Chandur
Raiway
Dharni
Chikhaldara
Second
and
fourth D-3/Case
485/2103-07
Tuesday through out the dated 20th March 1985.
year.
Tivsa
Sillod
Saoygaon
Every
Tuesday
D-3/Case 427 dated the 24th
throughtout
the
year
July 1987.
excluding the holidays.
BEED DISTRICT.
Ambejogai
ParliVai_janath
Kej
Kille Dharur
Patoda
Shirur
Every Monday
out the year
through
DHULE DISTRICT
Nandurbar
Nawapur
Taloda
dated
lst
the year.
Akkalkuwa
Shahade
Dhadgaon
Shindkhede
Dondaicha
Gadchiroli
Dhonara
Kurkheda
1st and
throughout
the year.
3rd
Armori
1st and
throughout
the year
3rd
Aheri
Itpalli
Sironcha
Friday
Friday
Tuesday
D-3/Case-485/2782
16th August 1985
dated
D-3/Case-485/2103-07
dated 20th March 1985.
JALGAON DISTRICT.
Edlabad
Kurhe
Jalna II
Jafarabad
Gargoti.
(Bhudargad)
Panhala
Malkapur
Kagal
Murgud
Every
Tuesday
AD/SR-I/1973/246/73 dated
throughout
the
year
19-9-1973
excepting holdidays.
Radhanagri.
LATUR DISTRICT.
Ahmedpur
Chakur
Latur II
Murud
Every Tuesday of every D-3/CR-E-320 dated 10-9week throughout the year. 1991.
NAGPUR DISTRICT.
Umred
Bhiwapur
Hadgaon
Every Wednesday of
D-3/Case 353 dated 22nd
Himayatnagar every month throughout
March 1983.
the year.
Kandhar
Loha
NASHIK DISTRICT.
Surgana
Nandgaon
Manmad
Every Wednesday of
D-3/Case 609 dated 2nd
every month throughout
January 1987.
the year.
Niphad
Lasalgaon
Dindori
PARBHANI DISTRICT.
Selu
Pathari
Ambegaon
Bhor
Dound
Khed
Mawal
Junnar
.
Manchar
Velhe
On Second Thursday
following by Friday in A.D. 406 dated 1st January
each of the months of 1962 and AD-406/3668-69
January to May and dated 12th February 1970.
December.
Kedgaon
Supa
Wada
Lonavala
Otur
Narayangaon
Ale
Purandhar
Jejuri
Shirur
(Ghodnadi)
Karjat
Nlahad
Panvel
Roha
Shrivardhan
Khalapur
Khopoli
Poladpur
Uran
Pali
Mhasala
dated
January
dated
23rd
Murud.
Chiplun
Dapoli
Guhaaau
Mandangad
11th
Viz.
2nd
and
4th
Wednesday to following
Thursday throughout the
year.
SATARA DISTRICT.
Umbraj
A.D. 246/LTmbraj/16709-11
Every Monday of every
dated 18th August 1970 and
month throughout the
D.3/CR-E-320 dated 10-9year.
1991.
Khandala
Man(Dahiwadi) Mhaswad
On every Wednesday of
Pravir-2/246/Man dated 30th
every month throughout
January 1968.
the year.
Khatav
Karad II
Wai
Mayani
SINDHUDURG DISTRICT
Kankavali
Devgad
Two
days
fortnightViz.2nd
every IGR-4/156
dated
and 4th January 1979.
11th
Wenesday to following
Thursday throughout the
year.
THANE DISTRICT.
Bhiwandi
Dahanu
Murbad
Vasai II
Wada
Jawahar
Shahapur
Virar
For
one
week
commencing from Second D-3/CR-E-320 dated 10-9Monday
to
following 1991.
Friday/Satuarday (as the
case may be) (both days
inclusive) in each of the
months of January to
June.
WARDHA DISTRICT.
Pulgaon
Devli
Arvi
Ashti
Karanja
throughout
the
YAVATMAL DISTRICT.
Digras
Arni
11th
AD-
27th
The Registering party shall present a photostat, Zerox or first carbon copy of the
document along with the original document.
(ii)
(iii)
The copy presented shall necessarily be clean, neat and in black colour ink.
It should be clear and completely readable.
(iv)
The Sub-Registrar after ascertaining the correctness of the copy should follow
procedure of registration and after completing registration of the document under
section 60 of the Registration Act, 1908; shall return the original documents to
the party immediately and retain the copy duly completed for the purposes of
registration record.
The copy so completed will be bound in a volume of 300 pages approximately.
(vi) If the first carbon copy is presented, the amount of stamp duty paid on each
sheet should be noted.
.
(v)
i)
The registering party shall present a photostat, zerox or first carbon copy of the
document aleng with the original document.
ii)
The copy presented shall necessarily be clean, neat and in black colour ink.
iii)
iv)
The Sub-Registrar, after ascertaining the cerrectness of the copy should follow
procedure of registration and after completing registration of the document under
Section 60 of the Registration Act, 1908, -shall return the original document to
the party immediately and retain the copy duly completed for the purpose of
registration record.
v)
This notification is issued in continuation of the notification dated 28th July 1989
in this behalf.
Dated 25th October 1989.
No. D-4/CR-1488/91:- In pursuance of the powers conferred under sub-rule (4) of
the Maharashtra Registration Rules, 1961, the Inspecter General of Registration,
Maharashtra State, Pune hereby prescribes the following procedure to be followed in
the offices of the Sub-Registrars coverd under photocopying system including 19 offices
which were excluded in Inspecter General of Registration, M.S. Pune's Notification No.
D-4/CR. 1488189 dated 25-10-1989 and new 41 offices created under Government
Notification, Revenue and Forests Department No. RGN-1091/ 3356/CR.695/M-1 dated
9th September 1991, until further orders:Original name of sub
Registry Office.
2
S.No.
1
1)
Thane
2)
Kalyan
3)
Vasai
4)
Ulhasnagar
5)
Nashik
6)
Malegaon
7)
Dhu1e
8)
Jalgaon
9) Ahmednagar
10) Haveli I
11) Haveli II
12)
Maval
13)
Solapur North
14)
Karad
15)
Kolhapur
16)
Nagpur
17)
Nagpur (Mahal)
18)
Nagpur (Rural)
19.
Amravati (Town)
20)
Aurangabad
2) Ulhasnagar II
1) Nashik I
2) Nashik II
1) Malegaon I
2) Malegaon II.
1) Dhule I
2) Dhule Il.
I ) Jalgaon I
2) Jalgaon II.
1) Ahmednavar South I.
2) Ahmednaaar North Il.
1} Haveli I
2) Haveli II
3) Haveli III
4) Haveli IV
5) Haveli V
6) Haveli VI
7) Haveli VII
8) Haveli VIII
9) Haveli IX
1) Maval
2) Mulshi.
1) Solapur North I
2)Solapur North II
1) Karad I
2) Karad II
1) Karvir I.
2) karvir II.
3) Karvir III.
1) Nagpur I City
2) Nagpuf 11 City
3) Nagpur III
4) Nagpur IV
5) Nagpur V
6) Nagpur VI
7) Nagpur VII
8) Nagpur VIII
9) NagpurIX (Rural)
10) Nagpur X (Rural)
11) Nagpur XI.
1) Amravati City 1
2) Amravati City II.
1) Aurangabad I (South)
2) Aurangabad II (North)
3) Aurangabad III
21)
Beed
22)
Ja1na
23)
Latur
24)
Nanded
25)
Parbhani
4) Aurangabad IV.
1) Beed I
2) Beed II
1) Jalna I
2) Jalna II.
1) Latur I
2) Latur II.
1) Nanded I.
2) Nanded II.
1) Parbhani I.
2) Parbhani II.
The following 6 offices mentionedin Col. No. 2 are already working under Xerox
system since 1-8-1989 but due to bifurcation of these offices, the details of the same
are mentioned herebelow along with changed names:2.
The copy presented shall necessarily be clean, neat and in black colour ink.
3.
4.
The Sub-Registrar after ascertaining the correctness of the copy should follow
procedure of registration and after completing registration of the document under
section 60 of the Registration Act, 1908, shall return the original document to the
party immediately and retain the copy duly completed for the purpose of
registration record.
5.
6.
If the first carbon copy is presented, the amount of stamp duty paid on each
sheet should be noted.
This notification is issued in continuation of the Notifications dated 28th July 1989
and 25th October 1989 in this behalf.
Dated 16th September 1991.
CHAPTER-VI
TABLE OF FEES
Revenue Department, Mantralaya,
Bombay 17th July 1961.
Rs.100.00
Note 3: In the case of an instrument of partition the value of the separated share
or shares on which stamp duty is leviable shall be deemed to be the amount or market
value of the property to which such instrument relates.
Note 4: In the case of leases, the amount or value of consideration on which the
ad valorem fee is to be assessed shall be as follows:(1) Where the rent is fixed and no fine
or premium is paid or money advanced,
then if the lease is granted
(a) for a period less than year
(b) for a definite period but not more
than ten years.
(c) for a definite period more than ten
years but not more than ninety eight years
(d) for a definite period more than
ninety eight years.
(e) for an indefinite period
(f) in perpetuity
day as the patta or lease, the fee chargeable in respect of the two documents shall not
be greater than the fee which would have been charged on the lease alone.
Note 4-A:-For the transfer of tenancy rights without consideration the fee shall he
as follows:(1) For properties mentioned item (i) of sub-clause (c) of clause
(4) of Article I.
2) For properties mentioned in item (ii) of sub-clause (c) of
clause (4) of Article I.
(3) For properties mentioned in item (iii) of sub-clause (c) of
clause (4) of Article I.
(4) For properties mentioned in item (iv) of sub-clause (c) of
clause (4) Article I.
Rs. 50.00
Rs. 30.00
Rs. 20.00
Rs. 10.00
amount payable m money is Rs. 5/-, the total fee leviable in respect of the document
would be Rs. 5/- on the money value plus Rs. 5/- for the payment in kind. And if the rent
or remuneration is payable entirely in kind and the money value thereof is not
expressed, a fixed fee of Rs. 25/- will be charged.
Note 8 - The fee on any instrument comprising or relating to several distinct
matters shall be the aggregate of the fees with which separate instruments each
comprising or relating to one of such matters, would be charged.
Note 9 - If instrument so worded as to fall under the category of two or more
kinds of documents and when the fees chargeable there under are different, it shall be
charged with the highest of such fees.
Note 10 - (1) In case of document purporting or operating to effect a contract for
the sale of immovable property an ad-valoram fee shall be charged on the document.
The document purporting or operating to transfer by way of sale of such property and
executed in pursuance of the contract shall be treated as a supplementary document
and shall be subject to an ad-valorem fee subject to maximum of Rs. 25/(2) Except as otherwise provided in this Article, the provisions of clause (1) shall,
so far as may be, apply to documents which purport to be or to operate as agreements
for the transfer any right, title, or interest in immovable property, otherwise than by way
of sale and to documents which purport or operate to effect such transfers and are
executed in pursuance of such agreements.
Note - 11 :- No fee shall be payable in respect of the registration of document
relating to immovable property which has already been registered in a wrong
registration office and on which proper fee has been paid under this Article.
Note 12 - No fee shall be payable in respect of the registration of the following
documents, namely: (1) A certificate granted by the Tribunal under (a) Sub-section (3) of Section 17, Sub-section (6) of section 17-B and subsection (I) of section 32-M of the Bombay Tenancy and Agricultural Lands Act, 1948.
(b) Sub-sections (3) and (4) of section 21, sub-section (6) of section 38 and subsection (2) of section 38-E of the Hyderabad Tenancy and Agricultural Lands Act, 1950.
(c) Sub-section (8) of section 43 of the Bombay Tenancy and Agricultural Lands
(Vidarbha Region and Kutch Area) Act, 1958 and
(2) A certificate of transfer granted by the Tribunal under sub-section (3) of section 23 of
Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958;
and
(3) A certificate of exchange granted by (a) the Mamlatdar under sub-section (2) of section 33 of the Bombay Tenancy
and Agricultural Lands Act, 1948;
(b) the Tahsilder under sub-section (2) of section 39 of the Hyderabad Tenancy
and Agricultural Lands Act, 1958;
(c) the Tahsildar under sub-section (2) of section 51 of the Bombay Tenancy and
Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958.
Note 13 - No fee shall be payable in respect of the registration of awards made
under the Bombay Agricultural Debtors Relief Act, 1939 (Bom. XXVIII of 1939), the
Bombay Agricultural Debtors Relief Act, 1947 (Bom XXVIII of 1947) or the Hyderabad
Agricultural Debtors Relief Act, 1956 or certified copies there of.
Note 14 - No fee shall be chargeable on mortgage deeds executed by
Government servants in Civil or Military Service for securing repayment of advances
received from any Government for the purpose of constructing or purchasing dwelling
house for their own use.
Note 15 - No fee shall be chargeable on the deed of transfer to be executed by
the Salvation Army property company Ltd, 16-A, Shankarsheth Road, Pune in favour of
the Salvation Army Association registered under section 26 of the Indian Companies
Act, 1913 and having its registered office at 16-A, Shankarseth Road, Pune.
Note 16 - No fees shall be payable till the 31st July 1975 in respect of the
registration of mortgage deed executed by agriculturists and letters of guarantee
executed by the Guarantors on behalf of such agriculturists for securing loans advanced
xx to them by any bank referred to in column (2) of the first schedule to the Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or by the
State Bank of India or by State Bank of Hyderabad, in pursuance of the scheme
sanctioned by Government Resolution Revenue and Forests Department No. CYS.
1370/236697-8, dated the 4th March 1971, G.N.R. & F.D. No. STP-1771/110636-N,
dated 25-7-1971 and STP-1771/117143-N, dated 25-3-1974.
Note 17 - No fee shall be payable with effect from the 1st day of August 1975 to
the 31st day July 1978 (both inclusive) in respect of registration of mortgage deeds
executed by agriculturists and letters of guarantee executed by guarantors on behalf of
such agriculturists and declaration made by agriculturists under sections 5 of the
Maharashtra Provision of Facilities for Agricultural Credit by Banks Act, 1974 (STP1775/1847/15-M-1, dated 24th September 1975 and STP-1775/184715-M-1, dated 6th
October 1976).
i) the gift of all those pieces of land or ground situate lying and being on
PuneAhmednagar road known as Nagar Road in Village Yerwada, District Pune, within
the limits of Pune Municipal Corporation, admessuring 3.55 acres and road portion
admeasuring 590 Sq. Yards bearing Survey N os. 215 -B, 216-c, 217-c, 218-B (Part), 2
18-A (Part), 216-B (Part) and of village Yerwada which are shown coloured blue in the
plan attached to the Gift Deed by the Muniwar Ahmed Charitable Trust, 132 Mutton
Street, Bombay -3, to the Gandhi National Memorial Fund, Rajghat. New Delhi, and
ii) the sale of the plot of land bearing Survey No. 217 and C.T.S. No. 2134 of
Yerwada in Pune City by Lt. Col. Pudamjee to the Gandhi National Memorial Fund,
Rajghat, New Delhi. (G.N.R. & F.D. No. 1374/100328-N dated, 12th February 1975).
Note 25 - No fee shall be payable in- respect of registration of agreements
including hypothecation and mortgage deeds executed by persons in respect of loans
received by them from Maharashtra State Khadi and Village Industries Board
constituted under the Bombay Khadi and Village Industries Act, 1960 (Bom. XIX of 960
No. STP - 1371/186229, dated the 30th May 1975)
Note 26 - No fee shall be payable in respect of registration of any mortgage
deeds executed by any person for securing repayment of money advanced by way of
loan by the Directorate of Industries Maharashtra, such loan being advanced for the
purposes and in the area specified in Note 19 above (RGN-1072/204905-M-1, dated
23rd September 1975).
Note 27- No fee shall be payable in respect of registration of any mortgage deed
executed by any persons for securing repayment of money advanced by way of loan. by
the Unit Trust of India, such loan being advanced for the purposes and in area
specified in Schedule II of Note 19 above (C.N.R. & F.D. No. RGN-209388-M-1, dated
5th April 1977)
Note 28 - No fee shall be payable with effect from the lst day of April 1965 in
respect of surety Bonds mortgage deeds executed by new migrants from the former
East Pakistan for securing financial assistance from the Government of Maharashtra for
their rehabilitation in pursuance of Scheme sanctioned by Government Resolution
General Administration Department No. HSG-1164/29039-R dated the 19th August,
1965 No. IMD-11.64/92476-R dated the 27th September 1965, No. AGR-1264/28145
dated the 18th November 7965 (No. STP-1776/501802-M-1, dated 8th March 1978).
Note 29 - No fee shall be payable with effect from the lst day of August 1978 in
respect of registration of any instruments executed by small farmers or by marginal
Farmers or by any agriculturist whose liability for land revenue does not exceed Rs.
7.50 per annum, for securing repayment of any loan advanced for agricultural purpose
by any Commercial Bank including the State Bank of India, the State Bank of
Hyderabad and a corresponding new bank constituted under section 3 of the Banking
Companies (Acquisition and Transfer of Undertaking) Act, 1970 (5 of 1970).
(1) Persons securing loans from the public sector banks and other scheduled
commercial banks under the Government of India's Differential Rate of Interest Scheme.
(2) Landless labourers securing loans from the scheduled commercial banks and
(lie regional rural banks for starting ancillary agricultural occupations such as dairy,
piggery and the like.
(3) Educated unemployed persons whose family income does not exceed Rs.
48.00/- per anum securing loans from the scheduled commercial banks under the
employment promotion programme (G.N.R. & F.D. No. STP-1779/148132-M-1, dated
the 20th September, 1979).
Note 34 - No fee shall be payable in respect of the registration of deeds of
transfer to be executed for transferring any Government land/s in favour of the
Maharashtra State Police Housing and Welfare Corporation Limited (G.N.R. & F.D. No.
STP-1779/167720-M1, dated 19th October, 1979).
Note 35 - No fee shall be payable during the period of one year commencing on
the 17th day September 1980 in respect of registration of mortgage deeds relating to
immovable property executed by the farmers in the Barshi, Madha, Mohol, North
Solapur, Paranda, Osmanabad, Kalamb and Bhoom talukas of the Solapur and
Osmanabad districts (being farmers holding land in the area of the project of the
Bhogawati Sahakari Sakhar Karkhana Limited in that district) for securing repayment of
loans not exceeding Rs. 10001- from any nationalised bank being a corresponding new
bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 for purchase of shares of the said Bhogawati Sahakari Sakhar
karkhana Limited (G.N.R. & F.D. No.RG-1780/ 191570-M-1, dated 17th September
1980).
Note 36 - No fee shall be payable with effect from 28-11-1984 till 31st march
1990 (both inclusive) in respect of registration of mortgage deeds executed by farmers
for securing repayment of loans not exceeding Rs.7,500/- obtained by them for
construction of bio-gas plants with a capacity upto 6 cubic meters, from any
corresponding bank constituted under Section 3 of the banking companies (Acquisition
and Transfer of Undertakings) Act, 1970, (V of 1970) or from the State Bank of India or
the State bank of Hyderabad.
Note 37 - No fee shall be payable with effect from 5th day of January 1985 in
respect of registration of lease deeds, agreements and instruments executed between
the slum dwellers on Mutha Right bank Canal and on the slopes of Parvati Hill in Pune
City, and the Pune Municipal Corporation for the allotment of plots along with the
structures thereon for the resettlement of the alum dwellers in areas comprising in
1)
2)
3)
4)
referred to in sub-clause (a) of clause (5) of section 2 of the "Ceiling Act." (G.N.R. &
F.No. RGN-1796/ C.R.-194-M-1 dt. 7-2-1990).
II. For the registration of a surrender of lease, the same fee as for the lease
surrendered, if the same does not exceed Rs. 20.00, otherwise Rs. 20.00.
III. This Article shall apply to documents on which fee shall be calculated
according to the ad-valorem scale in Article I subject to certain maximum. Registration
fee, calculated according to the ad-valorem scale subject to a maximum of Rs. 20.00
shall be levied on the following documents.
Document which acknowledges merely the payment of the consideration for
some other document which is also registered Document which acknowledges the
receipt of the consideration expressed in a previous registered document but not paid at
the time of the execution of such document; where full ad-valorem fee has under Article
I, been levied in respect of such previous document; Reconveyances and Relseases
executed on the satisfaction of liens in mortgages which are previously registered and
on which full ad-valorem fees have been levied;
Documents acknowledging the receipt of instalments on account of mortgages
which are registered and on which full ad-valoram fee has been levied; Documents
acknowledging the receipt of instalments on account of mortgages which are registered
and on which full advaleram fee has been levied; Revocation of Trust or Settlement
(See Note 1 below); Duplicate or Duplicates not presented for registration with the
original document or documents on the same day;
Duplicates not presented for registration with the original document or documents
on the same day but on which reference to registration of the original document or
documents is quoted; Release executed in pursuance of some other document on
which full ad-valorem fee in Article I has been paid (see Note 2 below).
Note 1 - The revocation of Trust or Settlement mentioned in this Articles is one
executed in pursuance of a power to revoke reserved in the original registered deed of
Trust or Settlement and a partial revocation of Trust or Settlement executed otherwise
than in pursuance of such power.
Note 2 - Release executed in pursuance of another document includes release
by trustees in favour of beneficiaries and vice-versa, release by settlee in favour of
settlors and similar nature.
Note 3 -In case of a release the amount or value of the interest or claim released
will always be less the amount or value of the property over which a claim is released.
In such cases if the amount or value of the consideration for the release is not shown,
the registration fee shall be levied according to the advalorem scale in Article I but
subject to maximum of the amount of fee chargeable under Article I (4) (c).
Rs. 20.00
RE-REGISTRATION OF DOCUMENTS.
IX. For the re-registration of a document under section 24 of the Act. The same
Ice as for the registration of such document.
SEARCHES AND INSPECTIONS
(a) In all cases (other than Wills presented after the death of a testator).
1.00
(b) In the case of Wills presented after the death of a testator, a fixed fee of
2.00
1.00
2.00
(b) For each page of size larger than 41.9 on. X 26.7 cm. required to be photographed
in partsfor each part up to the size of 41.9 cm X 26.7 cm.
2.00
Explanation - In this Article the expression "page" means one side of a 0.50
sheet. XIV. For making or granting copies of entries and documents for the
benefit of any person or to be forwarded to any office under sections 65, h6
and 67 or for making or granting copies of reasons for refusal by a
Registrar under section 76 for each folio or fraction of folio of 100 words.
Note - No fee for making copies of documents to be forwarded to any officer under
sections 65, 66 67 shall be payable in respect of duplicate or duplicates of a document
presented for registration along with the original.
XV. Documents can be photographed in five sizes mentioned in items (a) to (d) I below
low and subject to availability of photo paper of the size mentioned at item (e) below
with t h the Manager, Government Photo Registry Office, Pune extra copies in any size
shall be granted if the applicant for them. The fees for the different sizes are as under:For each extra copy of a document photographed of whatever size -
(a) for each page of the print of the size of 18.5 cm. X 11.4 cm.
1.50
(b) for each page of the print of the size of 25.4 cm. X 15.2 cm.
3.00
(c) for each page of the print of the size of 30.5 cm. X 19 cm.
4.00
(d) for each page of the print of the size of 34.3 cm. X 21.6 cm.
5.00
(e) for such page of the print of the size of 18.5 cm X 9.5 cm.
1.00
1.00
Explanation:- In this Article the expression "page" means one side of sheet.
XVI. For granting copies of map provided that the arrangement for and the 2.00
cost of making such copy shall be made and borne by the person who
applies for it.
XVII. Government officers requiring copies of entries of documents or map
for I bonafide public purposes shall be exempted from the payment of fees.
(b) otherwise
25.00
05.00
Note - The fee under this Article is not leviable when a document written in English is
presented before a Sub-Registrar ignorant of the language and is accompanied by a
true copy and true translation of the document.
XXII. Attendance at a private residence or jail.
1) For every attendance at a private residence under sections 31, 33 and 38
(a) in cities and towns as stated in ArticleI 50.00
(4) (c) (1)
(b) in cities and towns as stated in Article I 40.00
(4) (c) (ii)
(c) in cities and towns as stated in Article I 30.00
(4) (c) (iii)
(d) at all other places
20.00
Note -1 :- One single fee shall be levied irrespective of the number of documents
of which business is transacted, provided that a person who is entitled to exemption I
from attending the registration office, was a party to each such document.
Note 2 - The Inspector General may, in his discretion, remit the- fees under
clauses (1) and (2) of this Article in cases in which it appears to him that the levy of
such fee would be productive of hardship.
Note 3 - For every attendance at a private residence of a nurse or female
assistant, it 'required to accompany a Registering Officer to take the thumb impression
of one more female executants who are pardanshin or high birth, an extra fee Rs. 6.50
shall he charged irrespective of the number of documents registered at such private
attendance.
XXIII. For the safe custody and return of any document presented for registration
and not claimed by a person entitled to claim it (vide sub-section (2) of section 61 of the
Act) within one month from date of receipt of notice under sub-rule (3) of rule 62 of the
Maharashtra Registration Rules 1961 an extra fee shall be leviable at the rate of Rs.
5.00 for every month or part thereof after the first month from the date of notice.
Provided however that, maximum fee payable under this Article for each document so
required shall be Rs. 15.00 :
Provided also that, a Registrar may, in his discretion remit whole or in part fees
leviable under this Article by himself or by a registering officer subordinate to him in
cases in which it appears to him that the levy of such fees would be productive of
injustice or hardship.
MEMORANDUM, ATTESTATION, SUMMONS, AND WARRANT FEES
XXIV. For every copy of the memorandum to be sent under sections 64, 2.00
65 and 66.
Note - No fee shall be payable in respect of a duplicate or duplicates of a document
presented for registration along with the original.
XXV. For the authentication or attestation of a power of attorney if special.
3.00
5.00
XXVI. When under section 36 read with section 39 application is made to issue ;
and d serve a summons or warrant, process fee of Re. I/- and remuneration of the
person summoned m at the rate from to time prescribed for the lower grade of Civil
court having jurisdiction over the place from which the summons or warrant is issued,
shall be levied from the persons at whose instance, or in whosebehalf, the application is
made:
Provided that, if more than one summons or warrant is to be served in the same
town or village, the process fee leviable for each additional summons or warrant after
the first shall be Re. 1.00.
This Article applies mutatis mutandis to summonses and warrants issued under
section 75 of Act. The process fees shall be levied in Court fee stamps and the
remuneration in cash.
XXVII. One half of the registration fee and all the copying fee in respect of a
document presented for registration which is withdrawn before the order of registration
has been passed and in respect of a document of which registration is finally refused
shall be refunded.
Note :- Any fine levied by the Registrar under section 25 is not to be refunded
except under section 70 of the Registration Act, 1908. Similarly any fees levied for
issuing commissions, summons, and for meeting attendance and travelling allowance
charges shall not be refunded, if they have been earned or disbursed.
XXVIII. (a) A Government Department liable to pay registration charges is
exempt from the payment of all fees payable under the Table of Fees.
(b) In cases where the fees are payable partly by a Government Department and
partly by some other party the exemption under clause (a) shall extend to that part only
which is payable by the Government Department.
XXIX. (a) All the Carrier Consular Officers, the Deputy High Commissioner for the
United Kingdom and members of the staff of all Consular Missions stationed in Greater
Bombay liable to pay registration charges, are exempt from the payment of all fees
payable under this Table of Fees.
(b) In cases where the fees are payable partly by the de-carrier Consular
Officers, the Deputy High Commissioner for the United Kingdom or members of the staff
of consular Missions stationed in Greater Bombay, and partly by some other party the
exemption under clause (a) shall extend to persons falling under that clause.
2. The above Table of Fees shall come into force on and from the lst day of
January 1984.
3. No fee shall be payable in respect of the registration of declarations which are
made and confirmed under section 5 of the Maharashtra Gramdam Act, 1964,
(Mah.XXIII of 1965) and which have the effect of transferring land by way of gramdam
under that Act.