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    Sunday, 19 April 2015

    Duties and Powers of Registering Officer

    1. Introduction
    At the point when a documents is introduced for registration to the registration officer, he endorse on every document presented before him, date, place of registration and signature of the person presenting such document and gives receipt for such document to person presenting the same.

    2. Relevant Provisions
    Section 52-62 Registration Act 1908.

    3. Meaning of Registering Officer
    Registering officer means an officer empowered under the Registration Act to register document presented before him for the registration.

    4. Duties of the Registering Officer When document presented for the registration

    (i) Duty to Endorse
    The day, hour and place of presentation and the signature of every person presenting a document for registration shall be endorsed on every such document at the time or presenting it.

    (ii) Duty to give Receipt
    It is duty of the registering officer to give the receipt of the document to the person who presented documents for the registration.

    (iii) Duty to copy the Document
    It is the duty of the registering officer to copy the document given to him for the registration in the appropriate book according to the order of its admission without delay.

    (iv) Duty to authenticate the Document
    It is the duty of the registering officer to get authenticated the book according to the instructions of the Inspector General.

    (v) 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 an illiterate person then in such circumstances his thumb impression shall be taken only.

    (vi) Defect in Procedure
    A defect in the procedure presented is only a defect in procedure curable.

    5. Duties and Powers as to the procedure

    The obligations and powers of registering officers as to the procedure on admitting a document to registration are as following;

    (i) To endorse Documents
    On every document admitted to registration, other than a copy of pronouncement or request, or a copy sent to an register officer, there shall be endorsed from time to time the following particulars,

    (a) Signature and addition
    The signature and addition of every person or of representative, assign, or agent of any such person admitting the execution of the document.

    (b) Examination of person
    The signature and expansion of each person analyzed in reference to such documents.

    (c) Payment of Money or Delivery of Goods
    Any payment of cash or conveyance of products AND any admission of receipt of consideration, in whole or in part, made in the presence of the registering officer in reference to the execution of the documents.

    (ii) To sign and date endorsements
    The registering officer should join the date and his signature to all endorsements made, relating to the same documents and made in presence of the persons concerned on the same day.

    (iii) Certificate of Registration
    After such of the provisions (of sections 34, 35, 58, 59) as apply to any documents presented for registration have been consented to, the register officer might support subsequently, a certificate containing the word registered together with the number and page of the book in which the document have been copied.

    Such certificate should be acceptable for reason of proving that the document has been duly registered in manner provided by this act.

    (iv) Endorsement of Note of Refusal
    If any person admitting the executing 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.

    (v) To sign and seal the certificate
    Such certificate should be signed, fixed and dated by the registering officer, and then shall be admissible a document duly and lawfully registered.

    (vi) To copy endorsement and certificate
    The endorsements and certificate shall be copied in to the margin of the register book.

    (vii) To return Documents
    The registration of the documents should immediately be deemed complete and the document shall than be returned to the person presenting the same or to such other person as he has nominated in writing in that behalf on the receipt given by the registering officer at the time of presenting the document

    (viii) Duty in case of strange Language
    When a document is in language unknown to registering officer is presented for registration, the translation shall be prescribed in the register of documents of the nature of the original and together with the copy shall be filed in the registration office.

    6. Endorsement to be dated and signed by the registering officer
    The register officer should append the date and his signature to all endorsement made under section 52 and 58 relating to the same document and made in his presence on the same day.

    Conclusion

    To conclude that registering officer is empowered under the Registration act to register a document introduced by an individual. If he is not fulfilled he can decline to register the document. On his refusal to register the document different remedies are available to aggrieved person.
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    Item Reviewed: Duties and Powers of Registering Officer Rating: 5 Reviewed By: Usman Ali
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