Insertion of new sections 68A and 68B, Prohibition of unlicensed person, Grant of licence to document-writers

After section 68 of the principal Act, the following sections shall be inserted, namely:–– ‘68A.

1. (1) No person who is not licensed as provided under section 68B, shall engage in the profession of document-writer and any document drawn-up and signed by a person who does not hold a licence, shall not be accepted for registration by the registering officers: Provided that no advocate or pleader shall be required to have a licence under section 68B.
2. (2) Nothing in this section shall prohibit an executant of a document from preparing a document to be presented for registration or from performing any other act on his own behalf for which a licensed document-writer could have been otherwise engaged.
3. (3) Nothing in this section shall apply to a document executed outside of India or outside of the Union territory or a will or a document scribed by a licensed document-writer authorised for one sub-district or district, as the case may be, or a document executed by or on behalf of the Union territory or local authorities or other corporate bodies. 68B.
4. (1) The Registrar of district or any other officer authorised by him in this behalf may, grant a licence in the prescribed form, to a document-writer or his apprentice, on such terms and conditions as may be prescribed: Provided that such licence shall be––
   • (i) valid for one sub-district or one district; and
   • (ii) granted after conducting a written test in such manner as may be determined by the Administrator.
5. (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 date of commencement of this Regulation, 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 authorised by him in this behalf is satisfied that he is otherwise fit to take the profession of a document-writer.
6. (3) A licence granted under sub-section (1) shall remain valid for three years from the date of grant of licence and shall be subject to renewal before the expiry of its period of validity, on such terms and conditions as may be prescribed.
7. (4) The licence granted under sub-section (1) may, at any time, be suspended or cancelled for breach of such conditions as may be prescribed or for any other reason to be recorded in writing by the Registrar of the district or an officer authorised by him, after giving the document-writer an opportunity to show cause against the proposed suspension or cancellation of the licence and after the same has been duly considered.
8. (5) Any person aggrieved by an order of the Registrar of the district or an officer authorised by him, may file an appeal to the Inspector-General of Registration within a period of thirty days from the date of receipt of such order passed under this section: Provided that the Appellate Authority may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by a sufficient cause from preferring the appeal within the given time. Explanation.—For the purposes of sections 68A and this section, the expressions,––
   • (i) “Apprentice” means a person who assists a document-writer in the preparation of document and transcribing them (including copies, if any) to be presented for registration; and
   • (ii) “Document-writer” means and includes a person engaged in the profession of preparing documents, namely, doing the work of conveyancing, investigation of titles, preparation of draft deeds and engrossing and transcribing the deed, including copies, if any, for registration, as well as conducting searches and inspection under the Regulation.’.