INTRODUCTION
The registering officer has certain duties regarding the registration of the documents. When a document is presented for registration to the registering officer, he endorses every document presented before him, the date, place of registration, and signature of the person presenting such document, and gives a receipt for such document to the person presenting the same.
RELEVANT PROVISIONS
Section 52-62 of the Registration Act 1908.
DEFINITION OF REGISTRAR
According to Section 6, of the Registration Act 1908;
The provincial Government may appoint such persons whether public officers or not to be registrars of several districts.
DUTIES WHEN DOCUMENT IS PRESENTED
1. DUTY TO ENDORSE:
The day hour and place of presentation and signature of every person presenting a document for registration shall be endorsed on every such document at the time of presenting it.
2. DUTY TO GIVE RECEIPT:
The registering officer must give the receipt of the document to the person who presented the document for registration.
3. DUTY TO COPY THE DOCUMENT:
The registering officer must copy the document given to him for registration in the appropriate book according to the order of its admission without delay.
4. DUTY TO AUTHENTICATE THE DOCUMENT:
The registering officer must authenticate the book according to the instructions of the Inspector General.
5. SIGNATURE AND THUMB IMPRESSION:
If the person presenting the document is a literate person then in such situations his signature as well as his thumb impression shall be taken on the documents which are required to be registered by the registering officer. And if the person presenting is illiterate then in such circumstances his thumb impression shall be taken only.
6. DEFECT IN PROCEDURE:
A defect in the procedure presented is only a defect in the procedure curable.
DUTIES AND POWERS AS TO THE PROCEDURE
The duties and powers of the registering officers as to the procedure for admitting a document to registration are as follows.
1. TO ENDORSE DOCUMENTS:
On every document admitted to registration, other than a copy of decree or order, or a copy sent to a registering officer, there shall be endorsed from time to time the following particulars.
2. TO ENDORSE SIGN AND DATE:
The registering officer shall affix the date and his signature to all endorsements made. relating to the same documents and made in the presence of the persons concerned on the same day.
3. CERTIFICATE OF REGISTRATION:
After such of the provisions (of sections 34,35,58,59) as apply to any documents presented for registration have been complied with, the registering officer shall endorse thereon, a certificate containing the word registered together with the number and page of the book in which the document has been copied Such certificate shall be admissible for purpose of proving that the document has been duly registered in the manner provided by this Act.
4. ENDORSEMENT OF NOTE OF REFUSAL:
If any person admitting the execution of a document refuses to endorse the same, the registering officer shall nevertheless register it but shall at the same time endorse a note of such refusal.
5. TO SIGN AND SEAL THE CERTIFICATE:
Such certificate shall be signed, sealed, and dated by the registering officer, and then shall be admissible as a document duly and lawfully registered.
6. TO COPY ENDORSEMENT AND CERTIFICATE:
The endorsements and certificate shall be copied into the margin of the register book.
7. TO RETURN DOCUMENTS:
The registration of the documents shall thereupon be deemed complete and the document shall then be returned to the person presenting the same or to such other person as he has nominated in writing on that behalf on the receipt given by the registering officer at the time of presenting the document.
8. DUTY IN CASE OF STRANGE LANGUAGE:
When a document is in such a language that is unknown to the registering officer and is presented for registration, the translation shall be prescribed in the register of documents of the nature of an original and together with the copy shall be filed in the registration office.
ENDORSEMENT TO BE DATED AND SIGNED
The registering officer shall affix the date and his signature to all endorsements made under Sections 52 and 58 relating to the same document and made in his presence on the same day.
CONCLUSION
It is concluded that a registering officer is empowered under the Registration Act to register a document presented by a person. If he is not satisfied he can refuse to register the document. On his refusal to register the document, different remedies are available to the aggrieved person.
FAQs
What are the duties and powers of registering officers?
(2018-S, 2017-S, 2014-S, 2013-A, 2012-A, 2011-A)
What procedure is adopted by the registering officer when the document is duly presented to him for registration? Explain
(2010-S, 2007-A)
What are the rules regarding presenting the document for registration? Discuss the procedure of admission and denial of execution respectively.
(2008-A)
What are the duties of a registering officer when a document is presented for registration? Discuss.
