West Bengal Registration (Deed Writers) Rules, 1999

GOVERNMENT OF WEST BENGAL
DIRECTORATE OF REGISTRATION & STAMP REVENUE
Writers’ Buildings, ‘F’ Block, Top Floor, Calcutta – 700 001

No. 2335 Calcutta, the 4th April, 2000.

NOTIFICATION

In exercise of the power conferred by section 80G of the Registration Act, 1908 (16 of 1908), and in supersession of all previous notifications on the subject, the Inspector-General of Registration, West Bengal, hereby makes the
following rules:-

THE WEST BENGAL REGISTRATION (DEED WRITERS) RULES, 1999

1. Short title, extent and commencement

(1) These rules may be called the West Bengal Registration (Deed Writers) Rules, 1999.

(2) They extend So the whole of West Bengal.

(3) Rules 28 and 29 shall come into force at once; and the remaining provisions of these rules shall be deemed to have come into force on the 1st day of January, 1983.

2. Definitions

In these rules, unless the context otherwise requires,-

(a) “the act” means the Registration Act, 1908 (16 of 1908);

(1) “Deed Writer” means a person who is engaged in the profession of preparing documents, namely, doing the work of conveyancing, including investigation of tide, preparation of draft deeds and engrossing, the deed on stamp paper for registration and holds a licence under these rules;

(2) “Form” means a form appended to these rules;

(d) “licence” means a licence granted under these rules;

(e) “licensing authority” means the District Registrar as defined in section 2 of the Act.

3. Repeal

(1) Rules 120 to 129 of the West Bengal Registration Rules, 1962 are hereby repealed.

(2) Notwithstanding such repeal, any order made or any action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.

4. Prohibition of unlicensed persons

No person who is nof a licensed Deed Writer under these rules shall engage himself in the profession of a Deed Writer:

Provided that an advocate or pleader practising before any Court in the State, or a solicitor, need not obtain a license under these rules.

5. Persons eligible for licence

A licence may be granted to a person,-

(i) who is a citizen of India;

(ii) (a) who has completed twenty-one years of age, but

(b) who is below 35 years of age on the date of the notification inviting applications for the g — s licence under these rules;

(iii) who has passed the School Final Examination or its equivalent:

Provided that any person applying for a Deed Writer’s licence under rule 6 shall be eligible for such licence if such person has passed class VIII examination for promotion to class IX and has gained not less than five years’ experience in the preparation of deeds on the date of application;

(iv) who has passed the Deed Writer’s Licensing Test conducted by the licensing authority;

(v) whose handwriting and character are good;

(vi) who does not hold any licence under the West Bengal Registration (Copy Writers) Rules, 1982 or the West Bengal Registration (Copy Writers) Rules, 1999; and

(vii) who is not debarred by any of the conditions as laid down in rule 7:

Provided that the provisions of clause (iv) shall not apply in the case of existing licensees, although they shall be governed by all other provisions of these rules.

(6) If any Deed Writer dies in harness or becomes incapacitated due to old age or otherwise, leaving his/her family in immediate need of assistances, his/her spouse or any one of his/her sons/daughters/near relations, with the written consent through an affidavit duly affirmed by the spouse and all other eligible sons/daughters who are entitled to be considered for the grant of licence under these rules may apply through proper channel to the Inspector-General of Registration and Commissioner of Stamp Revenue, West Bengal, for a licence under special circumstances to be assigned therein. The Inspector-General of Registration and Commissioner of Stamp Revenue, West Bengal, may, by order, direct a Registrar to issue a licence to the applicant, provided the applicant fulfils the conditions laid down in rule 5, except sub-clause (b) of clause (ii) and clause (iv) of that rule.

7. Disqualifications

A licence shall not be granted to a person,-

(a) if he has been declared by a competent Court to be of unsound mind; or

(b) if he is an undischarged insolvent or being a discharged insolvent, has not obtained from the Court which adjudged him as insolvent, a certificate that his insolvency was caused by misfortune without any misconduct on his part; or

(c) if, being an advocate or other legal practitioner, he has been dismissed or is under suspension from practising as such by order of any competent Court; or

(d) if he has been convicted for any criminal offence or any criminal offence is pending against him in any court; or

(e) if he is a deaf-mute; or

(f) if he is a leper or suffers from an incurable contagious disease: or

(g) if, being a retired officer, his retirement resulted from misconduct; or

(h) if his licence has at any time been cancelled and the order cancelling the licence has not been quashed by the competent authority; or

(i) if he is engaged in any gainful occupation or employment; or

(j) if he is an officer, retired from Government Service, whose pension has been withheld, either wholly or in part, owing to his misconduct or negligence, and the period for which the pension is so withheld, has not expired. .

Explanation.- While refusing to grant a licence under this rule, the licensing authority shall record his reasons for such refusal and shall also publish under his signature with date in the notice board for general information a list of persons whose applications have been so refused. The date of such publication shall be the date of communication of the order of refusal to the persons concerned.

8. Competent persons for writing different kinds of documents

(1) Non-testamentary documents shall be prepared by licensed Deed Writers only:

Provided thait no such licence shall be necessary if the document is prepared by an Advocate, a Pleader or a Solicitor.

(2) No non-testamentary document shall be accepted for registration unless it is prepared by a licensed Deed Writer, an Advocate or at Solicitor or by the executant or one of the executants of the document and the hand writing of such Deed Writer, Advocate, Solicitor or executant is neat and legible:

Provided that sub-rules (1) and (2) shall not apply to documents executed by, or on behalf of, or in favour of. the Government of India, or the State Government or any local authority, body corporate, registered co-operative society, nationalised bank, or other institution as may, by notification in the Official Gazette, be specified by the State Government in this behalf:

Provided that such society or bank shall send to the registering officer concerned a list of persons, not more than three, duly authorised by it to write documents for or on behalf of them:

Provided further that sub-rules (1) and (2) shall not apply to documents prepared and executed in other States of India or in any foreign country.

(3) Testamentary documents may be prepared by the testator or by any person authorised by the testator.

9. Application for licence

Application for a Deed Writer’s Licence in Form No. 1 shall be made in the candidate’s own handwriting to the District Registrar through the local Registering Officer or the District Sub-Registrar with testimonials and attested copies of certificates. The Registering Officer or the District Sub-Registrar shall forward the application to the District Registrar with his remark, if any. If the District Registrar is satisfied that the applicant is tit to be a Deed Writer according to the provisions as contained in these rules, he shall direct the applicant to pay the prescribed licence fee. On payment of the licence fee, the candidate’s name shall be entered in the Register of Deed Writers in Form No. 3 against the Registration Office concerned and a licence in Form No. 2 shall be issued to him through the Registering Officer concerned. The name of the Deed Writer with necessary particulars shall, at the same time, be communicated to the Registering Officer for entry in the Register of Deed Writers in Form No. 4 maintained by him. The licence shall take effect from the date of issue and shall remain valid till the 31st day of December of the year of issue.

10. Renewal of Licence

(1) A licence issued under these rules may be renewed on year to year basis by the District Registrar, subject to good conduct, satisfactory work and physical fitness as required under the provisions of these rules, to be certified by the Registering Officer on the body of the renewal application by an endorsement on payment of prescribed renewal fee. The application for renewal shall be submitted to the Registering Officer in the month of November each year together with the treasury challan or bank draft or money order receipt showing the remittance of renewal fee for the year mentioned therein along with a declaration as given in Form No. 1, duly signed by the licensee. The Registering Officer shall forward the applications to the District Registrar with his remarks and endorsements as required under these rules.

(2) Every application for renewal may be submitted on or before the 31st day of December of the year of renewal with late fee of Rs. 30/-, provided the applicant succeeds in establishing that the delay was absolutely unavoidable by furnishing evidences to the District Registrar:

Provided that an application for such renewal may be made beyond the 31st day of December to the Inspector-General of Registration and Commissioner of Stamp Revenue, West Bengal, through proper channel together with the receipt of deposit of application fee of Rs. 50/- (Rupees Fifty) only. If the Inspector-General of Registration anil Commissioner of Stamp Revenue. West Bengal, is, on scrutiny of the furnished evidences as well as from the recommendation of the District Registrar, satisfied that the delay be condoned, he shall issue a separate order directing the Registrar to renew the licence, if the applicant deposits late fee of Rs. 15/- (Rupees Fifteen) only for the delay for each month or part thereof after the 30th day of November.

11. Conditions of non-renewal

(1) A licence shall not be renewed-

(a) if the licensee fails or has failed to observe any of the conditions attached to the grant of licence to him or to comply with the direction of making deposit of renewal fees as provided in rule 10; or

(b) during the period for which the licence has been suspended; or

(e) if the licensee becomes physically unfit or mentally unbalanced to perform the duties of a Deed Writer.

(2) (a) The name of the Deed Writer. the renewal of whose licence is refused by the District Registrar under any provision of these rules, shall be struck off from the registers maintained by the District Registrar as well as by the Registering Officer concerned.

(b) A Deed Writer, who fads to apply for renewal within the stipulated period, may apply for a fresh licence.

12. Appeal

An appeal against an order refusing the grant of renewal of licence shall lie to the Inspector-Gene of Registration and Commissioner of Stamp Revenue, West Bengal, within a period of thirty days from the date communicating the order to the person concerned. The decision of the Inspector-General of Registration and Commissioner of Stamp Revenue, West Bengal, shall be final.

13. Conditions attached to Deed Writer’s licence

The following conditions shall be deemed to be attended to the Deed Writer’s licence:-

(a) the licensee shall abide by the rules relating to the licensing of Deed Writers;

(b) the licensee shall not demand or receive any fee or remuneration in excess of the amount specified rule 30 for the services rendered by him as a Deed Writer;

(c) the licensee shall exhibit the schedule of fees in a conspicuous place in his office in the local language

(d) the licensee shall maintain a register in Form No.-5, which shall be open tc3 inspection at all times by the Registering Officer and any of the Inspecting Officers. The register, when completed, shall be presented by the licensee for a period of three years;

(e) the licensee shall issue a receipt in Form No. 6 to the party concerned showing all moneys received as prescribed under these rules. The carbon copy shall be preserved by the licensee for a period of three years;

(f) the licensee shall produce his licence before the Registering Officer on demand; (g) the licensee shall write documents legibly and in accordance with the instructions that may be issued time to time by the licensing authority;

(h) the licensee shall instruct the parties or their duly authorised agents or holders of power-of-attorney present documents or petitions and to pay the fees in person to the Registering Officer or any officer authorised by the Registering Officer;

(i) the licensee shall write instruments with reference to documents and papers submitted by the parties, any party fails to submit authentic papers, such as record of right and registered deed under special circumstances, he may write the document with previous permission of the Registering Officer and s preserve the description of the property and other salient particulars under the signature of the executing party. Registering Officers may inspect such records any time;

(j) the licensee shall explain to parties about the implications of the provisions of sections 27 and 64 of Indian Stamp Act, 1899 (2 of 1899). If any party fails to act according to his advice, he shall bring fact to the notice of the Registering Officer in writing, failing which, he shall he penalised under section 64 of the Indian Stamp Act, 1899, and also for violation of these rules.

14. Issue of duplicate licence

(1) When the licence issued to a Deed Writer is worn-out it may be replaced on payment of the prescribed fee by a duplicate licence on the prayers of the Deed Writer concerned. The original work out licence shall be cancelled.

(2) When the licence issued to a Deed Writer is lost, it may be replaced by a duplicate licence in the prescribed Form in print on the prayer of the Deed Writer concerned on payment of the prescribed fee.

15. List of Deed Writers

A list of licensed Deed Writers shall be hung up at a conpicuous place in the Registration Office with the following note of warning:-

“Any person whose name is not included in this list and who enters the Sub-Registry Office or compound except for the purpose of transacting business in connection with the registration of his own documents or for the making of searches or for submitting application for certified copies or for doing any other transaction in the office on his own behalf or for doing the same under a power-of-attorney or unless he holds a receipt under section 52 of the Registration Act, 1908, duly endorsed in his favour, shall be deemed to be a tout and his name shall be liable to be included in the list of touts framed and published under sub-section (1) of section 80A of the said Act.”

16. Permission for inquiry

A Registering Officer, while sending to the District Registrar the names of the persons alleged or suspected to be touts, should state reasons for holding an inquiry under section 80B of the Registration Act, 1908. On receipt of the necessary order from the Registrar, an inquiry under section SOB shall be started by the Registering Officer.

17. Rights of Deed Writers

Licensed Deed Writers shall be allowed to enter the Registration Office to transact business authorised by the licence under the control and supervision of the Registering Officer.

18. Deeds how to be written

(1) Every Deed Writer in the preparation of deeds for registration shall write documents in consultation with any legal documents or Government records produced by the party. The Registering Officers shall enquire about it frequently in order to check fraudulent preparation and registration of deeds.

(2) Every Deed Writer shall obey the directions that may be issued from time to time by the licensing authority with regard to the use of stamp papers and other papers in the preparation of deeds for registration.

19. Attestation of deeds

(1) Every deed written by a Deed Writer shall be attested by him in the following manner:-

“Prepared by XY (name in full) having Licence No. …. of 19.. under Z (name of the Registration Office).

Signature of the Deed Writer

(2) In the case of a type-written or printed document, the name and signature of the Deed Writer and advocate or solicitor, as the case may be, and, in the case of documents prepared by a Government agency, local authority, other body corporates, registered co-operative societies, or nationalized banks, the full name and signature of the person who has written the document shall be furnished on the document in addition to the name and signature of the typist, or the name and address of the press in the case of printed documents.

(3) Any document, drafted by an advocate or solicitor, shall, at the end or bottom of the document, bear full name and signature of the legal practitioner in addition to his registered number of the Bar Council to which he is attached. If the document contains more than one sheet, the initial of the lawyer shall be affixed on the margin of each such sheet.

20. Touts

Any person who is found at or near about the precincts of the Registration Office to persuade the public to have their documents written by any licensed Deed Writer of his choice or who is found to be doing any act which is likely to defeat the provisions of any rule made under section 80G of the Act, shall be deemed to be a tout within the meaning of clause (11) of section 2 of the Act, and his name shall be liable to be included in the list of touts framed and published under sub-section (1) of section 80A.

21. Cancellation of Deed Writer’s licence

(1) A licence granted under these rules to a Deed Writer may be cancelled by the District Registrar if,-

(a) his licence has been suspended three times during the course of two consecutive years:

Provided that where the suspension of the licence is for demanding or receiving fees in excess of the amount specified in these rules, the licence may be cancelled if it has been suspended twice during the course of two consecutive years; or

(b) he becomes disqualified on any of the grounds specified in rule 7.

(2) The District Registrar shall cancel the licence of a Deed Writer after a regular proceeding. In such a proceed! generally, charge should be formally framed, copy of the charge being made over to the Deed Writer concerned, evidence recorded in his presence, adequate opportunity allowed to him to defend himself by adducing witnesses and. finally, there should he written orders with appropriate reasons. A Deed Writer aggrieved by any order of the District Registrar cancelling his licence may prefer an appeal to the Inspector-General of Registration and Commissioner of Stamp Revenue within sixty days of the date of order.

22. Suspension of Deed Writer’s licence

A licence granted under these rules to a Deed Writer may he suspended if he,-

(1) fails to maintain the register and to issue receipts as required under rule 13:

(2) has acted as a tout;

(3) contravenes any of the provisions of these rules or any of the conditions of his licence or is found guilty of disobedience to any lawful order passed under these rules;

(4) is found guilty of abetment of, or participation in. any illegal transaction with any member of staff of the Registration Office;

(5) conducts or behaves himself improperly in the Registration Office.

23. Suspension authority: procedure of suspension and appeal

(1) (a) A licence granted under these rules may be suspended by the District Registrar for a period not exceeding three years at a time.

(b) The registering authority under whose direct control and supervision the licensed Deed Writers work, may recommend suspension of the licence to the District Registrar stating therein the facts and circumstances of any violation of the above rules by the Deed Writer. If the District Registrar, on due consideration of the recommendation made by the registering authority concerned, finds that a prima facie case has been made out against the licensee, he may dispose of the matter within a period of one month from the date of receipt of the report in accordance with the provisions of sub-rule (2).

(2) An order of suspension shall be issued after a regular proceeding. The Deed Writer accused of guilt shall be given adequate opportunity to be heard and defend himself. The decision of the suspending authority shall be recorded in writing and a copy of it shall be furnished to the Deed Writer concerned.

(3) An appeal against suspension order lies to the Inspector-General of Registration and Commissioner of Stamp Revenue within thirty days from the date of suspension.

24. Deed Writer’s licensing test

(1) An examination to be called “Deed Writer’s Licensing Test” shall be conducted by the licensing authority of each District. The time and place of the examination and also the language in which the candidates shall be examined shall be notified in such manner as the licensing authority considers appropriate and necessary.

(2) The test shall include an examination in the stamp and registration laws, conveyancing, drafting of documents and in such other subject as may be prescribed by the licensing authority.

(3) An examination fee as prescribed in these rules shall be levied on each application.

25. The number of Deed Writers for each office

The number of Deed Writers for a particular Registration Office shall be fixed by the District Registrar of the concerned district according to its needs. Normally there should be one Deed Writer against three hundred documents registered on an average per year.

Note.- In calculating the number of average annual registration, Government documents and the documents prepared by advocates shall be excluded.

26. Suspension, cancellation and/or revocation of licence under certain circumstances

(1) Notwithstanding anything contained in these rules, the Inspector-General of Registration and Commissioner of Stamp Revenue, West Bengal, may, either on his own motion or otherwise, call for the records of any case or cases relating to grant of licence and if, it so appears to him that licence/ licences has/ have been granted/not granted in contravention of the rules or in violation thereof or it so appears to him that the licencing authority was biased or influenced in granting/not granting the licence/ licences, he may pass such order or orders including order of suspension, cancellation, revocation and/or grant of licence/ licences, as he may deem fit or proper after giving the reasons therefor in writing:

Provided that no such order shall be passed without affording to the person or persons so affected an opportunity of being heard and without calling for a report from the licensing authority.

(2) An appeal against the order of the Inspector-General of Registration and Commissioner of Stamp Revenue, West Bengal, shall lie to the Government in the Finance (Taxation) Department, if preferred within thirty days from the date of communication of the order passed by the Inspector-General of Registration and Commissioner of Stamp Revenue, West Bengal.

27. Jurisdiction

Documents written by an advocate, pleader, solicitor or a licensed Deed Writer in the manner provided in these rules shall be accepted for registration in any registration office of the State.

28. Transfer of Deed Writer’s Licence

(1) Normally, the licence of a Deed Writer granted in terms of the provisions of these rules against any particular registration office cannot be transferred to another registration office. If, for the change of territorial jurisdiction of any particular registration sub-district, the interest of any existing licensed Deed Writer is affected, the licensing authority may consider the transfer of such licence, at the option of the licensed Deed Writer to that particular registration office wherein or wherefrom the particular territories have been attached/ detached.

(2) Under exceptional circumstances and for reasons to be recorded in writing, the Inspector-General of Registration and Commissioner of Stamp Revenue, West Bengal, may consider transfer of a Deed Writer’s licence from one registration office to other.

29. Specification of Fees

30. Fees to be charged by licensed Deed Writers

(1)

(2) Where, in the case of any instrument, the market value is not stated, the remuneration shall be Rs. 30.00, provided the number of words of the document does not exceed six hundred, each additional one hundred words or part thereof, Rs. 4.00 may be charged.

(3) For taking delivery of documents when authorised by the party under section 52 of the Act. – Re. 1.00 per document.

(4) For writing application-

(a) in the printed form – Re. 1.00 for each form.

(b) in manuscript form – Rs. 2.00 for each form.

(c) for filling up each of the Forms I, II, III and IV prescribed under rule 3(3) of the West Bengal (Prevention of Undervaluation of Instruments) Rules, 1994, in duplicate – Rs. 5.00 for each form.

5) For writing summons and filing the same – Rs. 2.00 per summons.

(6) For writing notices in the printed form under the West Bengal Land Reforms Act, 1955 (West Bengal Act X of 1956) – Re. 1.00 for each notice.

(7) For making searches of index or inspection of volumes – Rs. 2.00 per year, subject to the maximum of Rs. 10.00 for each of the items of search of indexes or inspection of volumes.

31. Repeal and savings

(1) The West Bengal Registration (Deed Writers) Rules, 1982 (hereinafter referred to as to the rules), except rules 26 and 27, are hereby repealed; rules 26 and 27, shall stand repealed with effect from the date such rules 29 and 30 of these rules come into force.

(2) Notwithstanding such repeal, anything done or any action taken under the said rules before the publication of these rules in the Official Gazette shall be deemed to have been validly done or taken under the corresponding provisions of these rules as if these rules were in force when such thing was done or such action was taken.

No. 2335 dated 04.04.2000, Source