The main functions of the Registration department are:
(1) Registration or documents under the Indian Registration
(2) Maintenance of records of all the registered documents
for the use of public for inspection and copies thereof;
(3) Registration of marriage memoranda under the Bombay Registration of Marriages Act, 1953;
(4) Registration and solemnization of marriages under the.
Bombay Special Marriages Act, 1954, and
(5) Recovery of extra stamp duty leviable under Section 158 (c) of the Maharashtra Zilla Parishads and Panchayat
Samitis Act, 1961, and maintenance of the accounts of the
extra stamp duty thus recovered.
The Chief Controlling Officer for registration work in the State is the Inspector-General of Registration [This post has now been redesignated as 'Settlement Commissioner and Director of Land Records.'] with headquarters at Poona. Under him there is a District Registrar for each district who supervises the registration work in the district. The Collector of the district functions as ex-officio District Registrar. Under the District Registrar, Chanda, there are six Sub-Registrars at Chandrapur, Warora, Brahmapuri, Gadhchiroli, Sironcha and Rajura, respectively. The Sub-Registry offices at Gadhchiroli and Sironcha are under the ex-officio Sub-Registrars; i.e., Tahsildars. The jurisdiction of the Sub-Registrars is coterminous with the revenue tahsils in the district. The Sub-Registrars are assisted by the necessary staff.
The District Registrar carries out the instructions of the Inspector-General of
Registration in all departmental matters and if he has any suggestions to make
for the improvement of the registration system, he submits them for the
consideration of the Inspector-General of Registration. The Sub-Registrars seek
the guidance of the District Registrar in matters of day-to-day administration.
The District Registrar visits the Sub-Registry offices in his district at least
once in every two years and sends his memoranda of inspection to the
Inspector-General of Registration for his information. He hears appeals and
applications preferred to him under Sections 72 and 73 of the Indian Registration Act (XVI of 1908) against refusals to register documents by the Sub-Registrars under him. Under Sections 25 and 34 of the Act, he is empowered to condone delays in presentation of documents for registration and also the delay in appearance of the executants provided the delay in such cases does not exceed four months, and to direct that the documents concerned he
registered on payment of a fine not exceeding ten times the
registration fee. He is empowered to order refunds in the case
of surcharges and to grant full or partial remission of safe
custody fees in suitable cases. A will or codicil may be deposited
with him under a sealed cover, and it may be got registered at
the cost of the party desiring it, after the depositor's death.
The Sub-Registrar at the district headquarters is authorised to exercise and perform in addition to his own duties, the powers and duties exercised and performed by the District Registrar under Section 30 (1) of the Indian Registration Act, 1908, together with powers conferred by Sections 25, 34 and 74 to 76 of the Act in respect of only such documents as he is empowered to register under Section 30 (1) of the Act.
Senior Sub-Registrars are appointed as Inspectors of Registration. They inspect the work of all Sub-Registry Offices in their charge. Chanda district along with the districts of Nagpur and Bhandara falls within the jurisdiction of Inspector of Registration, Nagpur division.
Registration of documents.
Under the Indian Registration Act (XVI of 1908) registration of certain documents affecting immovable property is compulsory while it is optional in respect of documents in which the value of the immovable property involved is less than Rs. 100. All documents relating to moveable property are optionally registrable, excepting gifts which are compulsorily registrable under Section 123 of Indian Registration Act, 1884. Documents which fulfil the prescribed requirements and for which the required stamp duty and registration fees are paid are registered. A record of such registered documents is kept in each registration office and extracts of documents affecting immovable property in respect of which Record of Rights is maintained are sent to the Tahsildars concerned for making mutations. Certified copies, from the preserved records, of registered documents are also issued to the parties who apply for them.
The Sub-Registry Offices at Chandrapur, Warora, Brahmapuri and Sironcha were brought under photo-copying system from the beginning of 1964. In all 10,940 documents of the aggregate value of Rs. 1,05,45,743 were registered in the district in 1964. Of these, 10,768 were compulsory and 172 documents were optionally registrable. The number of wills registered during the same year was 35. Income from the registration fees was Rs. 1,25,025 while the expenditure was Rs. 24,493 during the same period.
Fees are levied for registration according to the prescribed scale, but the State Government have exempted or partially exempted the levy of registration fees in respect of documents pertaining to the co-operative societies registered under the Co-operative Societies Act.
Bombay Registration of Marriages Act,1953.
The Bombay Registration of Marriages Act, 1953, was extended
to Vidarbha region in April, 1964. 224 marriage memoranda
were received for registration during 1964. The Sub-Registrar at
the district headquarters has been declared as Marriage Officer
for the district under the Special Marriages Act, 1954. One such
marriage was solemnized during the year 1964.
The Sub Registrars also issue encumbrance certificates regarding the agricultural property of the intending borrowers applying for loans to the Land Development Mortgage Bank in the district under various land improvement schemes for growing more food. In such cases half the usual fee is charged for loans exceeding Rs. 2,000. those nor exceeding Rs. 2,000 being exempted.
The District Registrars in Vidarbha region are appointed as Registrars of Births and Deaths under the Births, Deaths
Marriages Act, 1886.