The Registration Act, 1908

( ACT NO. XVI Of 1908 )

1An Act to Consolidate the enactments relating to the Registration of Documents.

 
WHEREAS it is expedient to consolidate the enactments relating to the registration of documents;
 
 
It is hereby enacted as follows:-
 
 
 

CONTENTS

SECTIONS

1. Short title, extent and commencement

2. Definitions

3. Inspector-General of Registration

4. [Repealed]

5. Districts and sub-districts

6. Registrars and Sub-Registrars

7. Offices of Registrar and Sub-Registrar

8. Inspectors of Registration-offices

9. [Repealed]

10. Absence of Registrar or vacancy in his office

11. Absence of Registrar on duty in his district

12. Absence of Sub-Registrar or vacancy in his office

13. Report to Government of appointments under sections 10, 11 and 12

14. Establishments of registering officers

15. Seal of registering officers

16. Register-books and fire-proof boxes

17. Documents of which registration is compulsory

17A. Registration of contract for sale, etc.

17B. Effect of unregistered contract for sale executed prior to section 17A becomes effective

18. Documents of which registration is optional

19. Documents in language not understood by registering officer

20. Documents containing interlineations, blanks erasures or alterations

21. Description of property and maps or plans

22. Description of houses and land by reference to Government maps or surveys

22A. Instrument of transfer

23. Time for presenting documents

23A. Re-registration of certain documents

24. Documents executed by several persons at different times

25. Provision where delay in presentation is unavoidable

26. Documents executed out of Bangladesh

27. Wills may be presented or deposited at any time

28. Place for registering documents relating to land

29. Place for registering other documents

30. [Omitted]

31. Registration or acceptance for deposit at private residence

32. Persons to present documents for registration

33. Power-of-attorney recognizable for purposes of section 32

34. Enquiry before registration by registering officer

35. Procedure on admission and denial of execution respectively

36. Procedure where appearance of executant or witness is desired

37. Officer or Court to issue and cause service of summons

38. Persons exempt from appearance at registration-office

39. Law as to summonses, commissions and witnesses

40. Persons entitled to present Wills and authorities to adopt

41. Registration of wills and authorities to adopt

42. Deposit of wills

43. Procedure on deposit of wills

44. Withdrawal of sealed cover deposited under section 42

45. Proceedings on death of depositor

46. Saving of certain enactments and powers of Courts

46A. Destruction of Wills

47. Time from which registered document operates

48. Registered documents relating to property when to take effect against oral agreements

49. Effect of non-registration of documents required to be registered

50. Certain registered documents relating to land to take effect against unregistered documents

(A) As to the Register-books and Indexes

51. Register-books to be kept in the several offices

52. Duties of registering officers when document presented

52A. Registering Officer not to register unless certain particulars are included in an instrument of sale

53. Entries to be numbered consecutively

54. Current indexes and entries therein

55. Indexes to be made by registering officers, and their contents

56. [Repealed]

57. Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries

(B) As to the Procedure on admitting to Registration

58. Particulars to be endorsed on document admitted to registration

59. Endorsements to be dated and signed by registering officer

60. Certificate of registration

61. Endorsements and certificate to be copied and document returned

62. Procedure on presenting document in language unknown to registering officer

63. Power to administer oaths and record of substance of statements

[(BB) Special Duties of Registering Officer

63A. Procedure where documents not properly valued.

(c) Special Duties of Sub-Registrar

64. Procedure where document relates to land in several sub-districts

65. Procedure where document relates to land in several districts

(D) Special Duties of Registrar

66. Procedure after registration of documents relating to land

67. Omitted

(E) Of the Controlling Powers of Registrars and Inspectors-General

68. Power of Registrar to superintend and control Sub-Registrars

69. Power of Inspector-General to superintend registration offices and make rules

70. Power of Inspector-General to remit fines

70A. Application of this Part

70B. Definition

70C. Appointment of Photo-Registrars

70D. Documents may be photographed in areas notified by Government

70E. Application of Act to areas notified under section 70-D

70F. Power to make rules

71. Reasons for refusal to register to be recorded

72. Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than denial of execution

73. Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution

74. Procedure of Registrar on such application

75. Order by Registrar to register and procedure thereon

76. Order of refusal by Registrar

77. Suit in case of order of refusal by Registrar

78. Fees to be fixed by Government

78A. Registration fee for contract for sale, heba and mortgage

78B. Registration fee for instrument of partition

79. Publication of fees

80. Fees payable on presentation

80A. Powers to frame and publish lists of touts

80B. Inquiry by a Sub-Registrar regarding suspected touts

80C. Hanging up of lists of touts in Registration Offices

80D. Exclusion of touts from precincts of Registration Offices

80E. Presumption as to touts found within precincts of Registration Offices

80F. Arrest and trial of touts

80G. Power to Inspector-General to make rules relating to deed-writers

81. Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure

82. Penalty for making false statements, delivering false copies or translations, false personation, and abetment

82A. Penalty

83. Registering officer may commence prosecutions

84. Registering officers to be deemed public servants

85. Destruction of unclaimed documents

86. Registering officer not liable for thing bona fide done or refused in his official capacity

87. Nothing so done invalidated by defect in appointment or procedure

88. Registration of documents executed by Government officers or certain public functionaries

89. Copies of certain orders, certificates and instruments to be sent to registering officers and field

Exemptions from Act

90. Exemption of certain documents executed by or in favour of Government

91. Inspection and copies of such documents

92. Repealed

93. Repealed