West Bengal Registration (Filing of True Copies) Rules, 1979
Finance. Finance Rules.
GOVERNMENT OF WEST BENGAL
DIRECTORATE OF REGISTRATION & STAMP REVENUE
Writers’ Buildings, ‘F’ Block, Top Floor, Calcutta-700 001
No. 512-Regn. Dated, the 20th March, 1980.
In exercise of the power conferred by section 89A of the Registration Act, 1908 (XVI of 1908), the Governor is pleased hereby to make the following rules:-
1. Short title, extent and commencement
(1) These rules may be called the West Bengal Registration (Filing of True Copies) Rules, 1979.
(2) They extend to the whole of West Bengal.
(3) They shall come into force in such areas of West Bengal and on such dates as the State Government, may, by notification in the Official Gazette, appoint.
2. Classes of documents true copies of which shall be filed
True Copies of all classes of documents shall be filed in the appropriate books.
3. Manner of presentation of documents for registration
Every document that is presented for registration shall be accompanied by a true copy (hereinafter referred to as copy) thereof prepared in the manner specified in these rules.
Such copy shall be furnished by the person presenting the document for registration. If required by the Registering Officers the party shall supply the necessary number of blank forms for copying the endorsements and certificates.
4. Standard form of copy
(1) The copy shall be printed on durable paper and shall be 43 cms. in length and 30.5 cms in breadth and shall have in the front side vertical border lines printed 4 cms. from the edge at the top and 6.5 cms. from the edge at the bottom and 4 cms. from edges both on left and right sides and shall contain 33 printed horizontal lines within the rectangle formed by the border lines for writing copy of documents. It shall bear the state emblem at the top.
Outside the border line at the top shall be printed the words “Registration Department, West Bengal” on the left side, and the expression Document No of at the right side.
Outside the border line at the bottom shall be printed the words “Signature of Presentant”/on the left side and below this shall be printed on the left side words and brackets.
“Compared by (Reader)
“Name of Deed-writer”
“Name of Copy-writer”
and on the right side, the sheet endorsement as indicated below.
“Copy of Document No. …. of …. of …….. Book ……. contains sheets/sheet ……….. Sub-Registrar”.
(2) The form shall have two holes punched in it on the left side for filing The reverse side of it shall be similar to the front side except that it shall not contain the State Emblem and the sheet endorsement, and in it the vertical border line on both sides shall be 4 cms. from the edges.
(3) The Government shall make standard form of such copy available for sale in the Registration Offices and by such other persons as the Government may approve in this behalf at such prices as may be fixed by the Government from time to time.
5. Preparation of Copy
(1) The copy shall be written, typed, printed or lithographed on the ruled lines in a clear and legible manner. The writing, printing and lithographing shall be in long lasting blue-black or black ink and typed copies shall have long lasting blue-black or black impressions.
(2) Each copy shall be exact reproduction of the ‘original document but it need not be a facsimile copy. Everything appearing on each page of the original document including the signatures of the parties, attesting witnesses etc. shall be faithfully copied in the copy.
(3) Both sides of the standard form shall be used for preparing the copy. No part of the copy shall be written, typed, printed or lithographed outside the border lines enclosing the ruled lines of the form.
(4) If it is necessary to correct a word or figure, the incorrect word or figure shall be scored out and the correct one written afresh which shall be duly attested by the Presentant or executant. No altered word or figure shall be allowed to remain in the copy without being scored out and attested by the Presentant or executant.
(5) As a precaution against subsequent interpolations when a copy is written or typed, the writing or typing shall be done without leaving blank space between the words and letters. The copying shall be done in one continuous stretch. The portions in the copy intended for copying signatures of the parties and page number at the top of next page in the original document shall be preceded and followed by a line 2 cms. in length, the object of this being to show that the portion in the copy between these two cms. lines does not form part of the body of the document. The requirements of this sub-rule shall not apply to printed copies.
(6) The Stamp Vendor’s endorsement on each of the Stamp papers shall not be copied by the person preparing the copy. The copying of this portion will be done by the Staff of the Registration Department.
(7) The preparer of a copy shall draw a 2 cms. line at the end of the copy and enter the words “copy prepared by” and sign after this entry
(8) The copy shall be signed by the person who is to present the document for registration at the foot of each page.
(9) Co-operative Societies, Nationalized Institutions, Government Departments – Central or State or Local-bodies who register instruments in bulk shall have the filing copies prepared by duly authorized persons in standard Forms prescribed in these Rules; the forms will be supplied through the Registration offices on payment of price.
(10) Maps or plans that accompany documents shall be filed along with the filing copy of the documents in the prescribed blank filing copy form.
6. Documents registered in duplicate, etc.
(1) When a document is presented for registration in duplicate or in triplicate etc. it shall not be necessary to present or file more than one copy but in that case, the presentant of copy form shall be required to supply one blank sheet for each copy of the original documents, provided further that if a document relates to immovable property situated in more districts than one, the presentant shall be required to supply as many copies as there are additional districts.
(2) If in the opinion of the Registering Officer a document should be filed in different Books, the presentant shall be required to file additional copies.
7. Procedure on presentation of document
When a document presented for registration, the registering Officer shall see that it is accompanied by the required copy and that the copy satisfies the requirements of these rules. If the copy appears to the registering officer to be defective in respect of any such requirement the document shall be returned to the presentant with advice to re-present the document with the defects in the copy set right or with a fresh copy free from any such defect.
8. Register books to be in form of file books
(1) Register Books Nos.1,3 and 4 required to be kept under sections 16 and 51 shall ordinarily be in volumes of 500 pages in respect of each Register Book No.1, 120 pages in respect of each Register Book No.3 and 300 pages in respect of each Register Book No.4, and deviation from the standard prescribed above may be permitted only when within the prescribed number of pages the entirety of a document cannot be accommodated. No volume shall contsain copies of documents for more than one year.
(2) A register book volume shall be opened as soon as the first copy of document to be filed in it is ready for filing and it shall be prefaced with a title page in which shall be entered the number and description of the book, name of office, volume number, number and year of first copy of document in the volume and the date of its filing. These entries on the title page shall be attested by the registering officer with his signature and date immediately after the volume is opened.
(3) As soon as a copy of document is authenticated and sheet endorsements are added on it and it is ready for filing, it shall be filed in a set of lockable file boards provided for the purpose. A separate set of such file board shall be maintained in each office for each of book numbers 1,3 and 4. The file boards shall be in the custody of the registering officer, and they shall be kept locked, and the keys of the locks of the file boards shall be in the custody of the registering officer. The file boards containing volumes of books shall be secured at the closure of the office each day in locked record receptacles.
(4) As soon as the number of pages prescribed in sub-rule (1) above is reached in respect of each register book volume, the volume shall be removed from the file boards and the sheets of the volume tagged together and the number and year of the last copy of document in the volume and the date of its filing shall be entered on the title page, and these further entries on the title page shall also be attested by the registering officer with his signature and date. A certificate as to the number of pages the volume contained shall then be added on the title page by the registering officer and signed by him with date. The volume shall then be preserved in a cover under’ the seal and signature of the registering officer with a slip attached over the cover giving particulars of the volumes it contains. The sealed covers containing register book volume shall be preserved in locked record receptacles and the keys of the receptacles and the. sea! used for sealing the covers shall be kept in the custody of the registering officer.
(5) The sealed covers containing register book volumes may be opened for conduct of searches, grant of certified copies and such other purposes, but the volumes when so taken out of the sealed covers shall be in the custody of the registering officer and may be handed and perused only in his presence and they shall be placed back in sealed covers as soon as possible and invariably before the closure of the office for the day.
(6) The completed register book volumes shall be got bound at the registration offices concerned in the presence of the registering officers in such manner and at such intervals as may be prescribed by the Inspector-General of Registration.
9. Manner of authentication and filing of copy
(1) The copy presented with the document shall be compared by the staff of the Registration Office with the original document carefully. Such entries and corrections as may be necessary to make it an exact copy of the original shall be made in the copy by them.
(2) Immediately after copying of the document (including the copy of the signatures of the parties and attesting witnesses and of the document writer) and the signature of the preparer of the copy, the stamp vendor’s endorsement’s shall be copied by a member of the staff of the registration office. The value of the stamps (Stamp papers and Court fee labels) borne by the document shall then be entered in the copy in the language of the document. When no stamp is used for the document, the entry to be made shall be “Stamp nil”. Any certificate on the document relating to stamp duty shall then be copied.
(3) Then the heading “copy of endorsements and certificates” shall be written on the line containing the stamp entry and below such heading shall be copied the endorsements made on the document.
(4) After the copy has been compared and made, an exact copy of the original and the endorsements on the original copied in the copy and compared, the volume of the register book in which it is to be filed shall be determined and the page numbers in the volume which the pages of the copy are to be assigned on the volume shall be affixed on the pages of the copy by means of a numbering machine.
(5) The Registration certificate required by section 60 of the Registration Act, 1908, shall then be entered on the document showing therein the number of volume of the register book and the pages in it which the copy of the document will occupy. The registration certificate required to be copied under sub-section (1) of section 61 of the Registration Act, 1908 shall then be copied in the copy immediately after the copy of the endorsements.
(6) After the registration certificate is copied and compared the notes regarding interlineation, blank, erasure, alteration etc., in the original document and in the copy shall be entered in the copy, all erasures, inter-lineations, etc., in the copy being numbered serially and entered in the said notes.
The clerical staff of the office, shall after satisfying themselves as to the correctness of the notes, sign below the notes thus-
Copy of document prepared by: (Name)
Endorsements etc., copied by: (Signature) (Designation)
Examined by: Signature (Reader) (Designation)
Signature (Examiner) (Designation)
The reader and examiner of a copy shall also sign with designation at the foot of each page of the copy.
(7) The Registering officer shall then initial each erasure or inter-lineation etc. in the copy, and when such erasure or inter-lineation extends beyond one line, at the beginning and at the end of the erased or inter-lineation portion in each line, and affix his initials at, the end of the notes referred to above and authenticate the entry by signing on the line where the notes referred to above, or if there is not sufficient space on the line next below it. The signature shall be legible and made on the right side of the copy and shall be dated by the Registering Officer himself. He shall enter his designation below his signature and date. The office seal shall be affixed on each page of the copy.
(8) The registering officer shall then endorse on each sheet of the copy, the number, year and book of the document to which it relates, the total number of sheets in the copy and the number of the sheet, and shall affix his signature with date and the seal of his office to the endorsement.
10. Copying of wills deposited in sealed covers
For the purpose of sections 45 and 46(2) of the Registration Act, 1908, the copying of the will into book number 3 shall be done by a member of the office staff copying the will on the standard form. The copy so prepared shall be compared, endorsed and authenticated in the manner provided in rule 9, by the other staff and shall be filed in the volume of register book number 3.
Provided that in respect of such copies prepared by the staff of the Registration Office, in the entries prescribed under rule 9(6) above, the entry “copy of document presented by (Name)” shall be omitted and the words “Endorsements, etc., copied by” shall be substituted by the words “copied by”. Requisite number of the standard forms shall be supplied by the person who applied for the opening of the sealed cover.