The Registration Dadra and Nagar Haveli and Daman and Diu (Amendment) Act, 1985

(1) This Act may be called the Registration (Dadra and Nagar Haveli and) Daman and Diu (Amendment) Act, 1985. (2) It shall come into force at once.

In section 2 of the Indian Registration Act, 1908 (hereinafter referred to as the principal Act), in clause (1), before the words "his father's name", the word "his marital status, and" shall be inserted.

In Section 2, clause (2) of the Principal Act, for "or portion of a book", substitute "or portion of a book and also includes a book in electronic form".

In Section 2, after clause (10) of the Principal Act, the following clause shall be inserted, namely:- "(11) 'tout' means a person who habitually frequents the precincts of a registration office, for the purpose of employment for himself or for any other person in connection with any registration business".

In Section 17, of the principal Act.— (i) after clause (e) of sub-section (1), the following clause shall be inserted, namely:- "(f) any decree or order or award or a copy thereof passed by a Civil Court, on consent of the defendants or on circumstantial evidence but not on the basis of any instrument which is admissible in evidence under section 35 of the Indian Stamp Act, 1899 (Central Act 2 of 1899) such as registered title deed produced by the plaintiff, where such decree or order or award purports or operate to create, declare, assign, limit, extinguish whether in present or in future copy right, title or interest whether vested or contingent of the value of Rs. 100 and upwards to or in immovable property; and (g) agreement of sale of immovable property of the value of Rs. 100 and upwards; (h) power-of-attorney relating to transfer of immovable property possession whereof has been or is handed over to the purported attorney holder". (ii) in clause (iv) of sub-section (2), for the words "any decree or order of a Court", substitute "any decree or order of a Court, not being a decree or order or award falling under clause (f) of sub-section (1)"; (iii) in clause (v) of sub-section (2), for "any document not in itself creating", substitute "any document except an agreement of Sale as mentioned in clause (g) of sub-section (1) not in itself creating"; (iv) omit explanation of sub-section (2).

After section 19 of the Registration Act, 1908 (Central Act 16 of 1908) (hereinafter referred to as the principal Act), the following section shall be inserted, namely:— "19A. Documents presented for registration to be accompanied by true copies thereof. — (1) No document shall be accepted for registration unless it is accompanied by a true copy thereof. (2) The true copy referred to in sub-section (1) shall be neatly handwritten, printed, typewritten, lithographed or otherwise prepared in accordance with such rules as may be made in this behalf."

In Section 20, sub-section (1) of the Principal Act, after "persons executing the document", insert "and in the case of document for sale of property, the persons claiming under that document also."

After section 22 of the principal Act, the following section shall be inserted, namely: - "22A. Document's registration of which is opposed to public policy. (1) The State Government may, by notification in the Official Gazette, declare that the registration of any document or class of documents is opposed to public policy. (2) Notwithstanding anything contained in this Act, the registering officer shall refuse to register any document to which a notification issued under sub-section (1) is applicable."

In Section 28, of the principal Act, for "clauses (a), (b), (c), (d) and (e) of section 17, sub-section (1), substitute "clauses (a), (b), (c), (d), (e), (f), (g) and (h) of section 17."

In Section 34, of the principal Act— (i) in sub-section (1), after "persons executing the document", insert "and in the case of document for sale of property, the persons claiming under that document"; (ii) in clause (b) of sub-section (3), after "executed the document", insert "or they are claiming under the document".

After section 34 of the Principal Act, the following section shall be inserted, namely: - "34A. Person claiming under document for sale of property also to sign document. Subject to the provisions of this Act, no document for sale of property shall be registered under this Act, unless the person claiming under the document has also signed such document."

In section 45 of the principal Act,— (a) in sub-section (1), for the words, letters and figure "cause the contents thereof to be copied into his Book No. 3", the words, letters and figure "cause a true copy of the contents thereof to be made and filed in his Book No. 3" shall be substituted;

In section 46 of the principal Act, in sub-section (2),— (a) for the words "unless the will has been already copied", the words "unless a truecopy of the will has already been filed" shall be substituted; (b) for the words, letters and figure "cause the will to be copied into his book No. 3", the words, letters and figure "cause a true copy of the will to be made and filed in his Book No. 3" shall be substituted.

In Section 50, of the principal Act for "clauses (a), (b), (c), (d) and (e) of section 17, sub-section (1), substitute "clauses (a), (b), (c), (d), (e), (f), (g) and (h) of section 17."

In section 51 of the principal Act,— (a) for sub-section (2), the following sub-section shall be substituted, namely:— "(2) In Book 1 shall be filed— i. true copies of all documents; and ii. all memoranda, registered under sections 17, 18 and 89 which relate to immovable property, and are notwills."; (b) in sub-section (3), for the words "entered all documents", the words "filed true copies of all documents" shall be substituted. (c) in the Principal Act, after sub-section (4), the following sub-section shall be inserted, namely: - "(5) If, any of the books mentioned in sub-section (1) is destroyed or in the opinion of the Registrar is in danger of being destroyed, or becoming illegible wholly or partially, the Registrar may, by a written order, direct such book or such portion thereof as he thinks fit, to be reconstructed or recopied, as the case may be and authenticated in such manner as may be prescribed under section 69, and the copy prepared and authenticated under such direction shall for the purpose of this Act, be deemed to have taken the place of and to be the original book or portion and all references in this Act, to the original book or portion shall be deemed to be references to the book or portion so prepared and authenticated."

In section 52 of the principal Act, for clause (c) of sub-section (1), the following clause shall be substituted, namely:— "(c) subject to the provisions contained in section 62, where a document is admitted to registration, a true copy thereof shall, without unnecessary delay, be filed in the appropriate book according to the order of its admission."

In Section 53 of the Principal Act, the following proviso shall be inserted, namely: - "Provided that where Book is in electronic form, all entries and numbers in that Book and the Book maintained manually shall be identical."

In section 54 of the principal Act, for the words "copied or filed a memorandum of,", the words "filed a true copy or a memorandum of" shall be substituted.

In section 55 of the principal Act,— (a) in sub-section (2), for the words "document entered or memorandum filed", the words "document of which a true copy or a memorandum, is filed" shall be substituted; (b) in sub-section (4), for the words "authority entered", the words "authority of which a true copy is filed" shall be substituted; (c) in sub-section (5), for the words "document entered", the words "document of which a true copy is filed" shall be substituted.

(i) in sub-section (1), after cause (a) the following clause shall be inserted, namely:- "(aa) in the case of a document for sale of property, the signature and addition of every person admitting the claim under such document, and, if such claim has been admitted by the representative, assign or agent of any person, the signature and addition of such representative, assign or agent;" (ii) in sub-section (2), after "execution of a document", insert "and in the case of a document for sale of property, any person admitting the execution of such document, or any person admitting the claim under that document."

In section 60 of the principal Act, in sub-section (1), for the words "the document has been copied", the words "the true copy of the document has been filed" shall be substituted.

In section 61 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:— "(1) The endorsements and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the true copy of the document presented alongwith the document, and the true copy of the map or plan (if any) mentioned in section 21 shall also be filed along with the true copy of the document."

In section 62 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:— "(1) When a document is presented for registration under section 19, the translation together with the true copy of the document shall be filed in the appropriate book."

After section 68 of the Principal Act, the following sections shall be inserted, namely: - "68A. Prohibition of unlicensed person. (1) No person who is not licensed as provided under section 68-B, shall engage himself in the profession of document-writer and document drawn-up and signed by a person who does not hold a license shall not be accepted for registration by the registering officers: Provided that no advocate or pleader or mukhtar shall be required to have a license under section 68-B. (2) Nothing in this section shall prohibit an executant of document to draw up a document to be presented for registration or to do any other act for himself for which a licensed document-writer could have been otherwise engaged. (3) Nothing in this section shall apply to document executed out of India or out of the Union territory or to a will or to document scribed by document-writer holding license for one sub-district or one district and presented for registration in another sub-district or another district as the case may be, or to documents executed by or on behalf of the Union territory or local authorities or other corporate bodies. 68B. Grant of license to document-writers. (1) The Registrar of district or any other officer authorized by him in this behalf may grant a license, to be valid in one sub-district or one district in the prescribed form to document-writer or apprentice to document-writer on an application made in this behalf, on such term and conditions as may be prescribed by the Inspector-General of Registration in this behalf after conducting a written test as may be prescribed. (2) A licence may be granted to any person who has been in the profession of the document-writer for at least ten years prior to the date of the Dadra and Nagar Haveli and Daman and Diu (Adaptation of Central Laws and State Laws) Fourth Order, 2022 came into force, without requiring him to appear in the written test referred to in sub-section (1), if the Registrar of a district or any other officer authorized by him"

In Section 69, for sub-section (1) of the Principal Act, after clause (b) the following clause shall be inserted

After section 70 of the principal Act, insert- "PART XI-A REGISTRATION OF DOCUMENTS BY MEANS OF ELECTRONIC DEVICES."

70A. Application of this Part. This part shall apply to the areas only in respect of which a notification is issued by the Union territory under section 70B.

70B. Documents scanned by electronic devices in areas notified by the Union territory. (1) The Union territory may, by notification, in the Official Gazette, direct that in any office as may be specified therein, the process of registration of any category or categories of documents may be completed and copying done with the help of the electronic devices like computers, scanners and the compact disks on copies preserved on such devices and retrieved when required. (2) Notwithstanding anything in this Act or any other law for the time being in force, a copy of any document registered and scanned using the electronic devices and certified or attested by the registering officer in charge of the office shall also be received in evidence of any transaction as is described in the said document.

70C. Saving. Nothing in this Part shall apply, - (i) to any document which in the opinion of registering officer is not in a condition fit to be processed by means of electronic devices; (ii) in the case of unforeseen eventuality like break down of the computerized system of registration: Provided that the registering officer shall record the reasons in writing therefor: Provided that the registering officer shall ensure that the data and images of the documents registered during the period of non-application of this Part, due to a breakdown of the computerized system, are duly incorporated into the computer system, after the same is restored, in the manner prescribed by the Inspector General of Registration.

After section 80 of the Principal Act, the following sections shall be inserted

In section 81 of the principal Act, — (a) for the words "or registering of any document", the words "registering, or filinga true copy of , any document" shall be substituted; (b) for the words "or registers such document", the words "registers or files a true copy of, such document" shall be substituted.

In clause (b) of section 82 of the principal Act, for the words and figures "section 19 or section 21", the words "this Act or the rules made thereunder" shall be substituted.

After Section 82 of the Principal Act, the following sections shall be inserted, namely: - "82A. Penalty for writing documents without licence. "On and from such date as the State Government may, by notification, appoint in this behalf, no person shall write a document for another person for presentation to a registering officer except under a licence granted in accordance with the rules made under this Act: Provided that nothing in this sub-section shall apply where the writer of such document is an authorized agent of the executant or a pleader engaged by the executant for drawing up the document or the registered clerk of such pleader, Provided further that whoever contravenes the provisions of this section shall be punishable with fine which may extend to Rs. 2,000." 82B. Penalty. "Whoever acts as a tout whilst his name is included in a list of touts framed and published under this Act: Provided that for the first offence such imprisonment shall not be less than three months and fine shall not be less than Rs. 5,000: Provided further that for the second offence such imprisonment shall not be less than six months and fine shall not be less than Rs. 10,000: and Provided also that for the third or subsequent offence such imprisonment shall not be less than one year and fine shall not be less than Rs. 20,000."

In section 83 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely: — "(1) No prosecution for any offence under this Act shall be commenced save by or with the permission of the Inspector General or any officer empowered in this behalf by the Government".

After Section 87 of Principal Act, the following section shall be inserted, namely: - "87A. Delegation of powers. The Union territory administration of Dadra and Nagar Haveli and Daman and Diu may, by order, delegate all or any of the powers conferred on them under this Act to the Inspector-General of Registration, who shall exercise the same subject to such restrictions and conditions as the Union territory administration of Dadra and Nagar Haveli and Daman and Diu may impose and they may, in like manner, withdraw any power so delegated."

If the Government of Dadra and Nagar Haveli and Daman and Diu is satisfied that it is necessary in the public interest so to do, it may, by notification in the Official Gazette, reduce or remit, whether prospectively or retrospectively, in the whole or any part of the territory, any fee or fees payable in respect of any of the matters enumerated in clauses (a) to (i) of section 78, either generally or for any particular class or classes of cases and in respect of persons generally or any particular class or classes of persons.