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THE REGISTRATION ACT, 1908

(ACT NO. XVI OF 1908).
  Part No : Chapter No : Section No: [ 18th December, 1908  
  
     1 An 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
 
PART I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
PART II
OF THE REGISTRATION-ESTABLISHMENT
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 [Repealed]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 [Repealed]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
PART III
OF REGISTRABLE DOCUMENTS
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
PART IV
OF THE TIME OF PRESENTATION
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
PART V
OF THE PLACE OF REGISTRATION
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
PART VI
OF PRESENTING DOCUMENTS FOR REGISTRATION
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
PART VII
OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES
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
PART VIII
OF PRESENTING WILLS AND AUTHORITIES TO ADOPT
40. Persons entitled to present Wills and authorities to adopt
41. Registration of wills and authorities to adopt
PART IX
DEPOSIT AND DISPOSAL OF WILLS
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
PART X
OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION
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
PART XI
OF THE DUTIES AND POWERS OF REGISTERING OFFICERS
(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
PART XI-A
OF THE COPYING OF DOCUMENTS BY MEANS OF PHOTOGRAPHY
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
PART XII
OF REFUSAL TO REGISTER
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
PART XIII
OF THE FEES FOR REGISTRATION, SEARCHES AND COPIES
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
PART XIII-A
OF TOUTS
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
PART XIII-B
OF DEED – WRITERS.
80G. Power to Inspector-General to make rules relating to deed-writers
PART XIV
OF PENALTIES
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
PART XV
MISCELLANEOUS
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
 
 

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