Registration of Documents by means of Electronic or other Devices

70A. Application of this part. – This part shall apply only to the areas in respect of which a notification is issued by the State Government under section 70C.

70B. Definition. – In this part, “Process of Registration of documents by means electronic or other devices” shall mean and include scanning and preservation of documents with the help of computers, scanners, compact disks, printers, micro-filming and any other device used for the purpose of storage and retrieval when required.

70C. Process of registration of documents by means of electronic or other device in the areas notified by the State Government. – (1) The State Government may by notification direct that to any District or Sub-District specified in this behalf process of registration by means of electronic or other device shall be applicable and the documents admitted for Registration under this Act may be scanned or Micro-filmed and their images stored and preserved with the help of electronic or any other device.

(2) On the issue of such notification, it shall be pasted in a conspicuous place at each registration offices affected by the notification.

70D. Application of Act to areas notified under section 70C. – In any District or Sub-Districts in respect of which notification has been issued under section 70C, the following provisions of the principal Act shall, for the purpose of this part be subject to the following modifications, namely:-

(a) in clause (2) of section 2 the words “and the information, storage devices like floppy disk, hard disk or compact disk etc., Micro-film or any other media” shall be inserted at the end;

(b) in section 16, for sub-section (1), the following shall be submitted, namely:-

“(1) The State Government shall provide for the office of Registering Officer the books and the information, or image processing and storage devices like Micro-filming unit or Computer and scanners along with the software prescribed by the Inspector General from time to time necessary for the purpose of this Act.”

(c) in section 51, in sub-section (1), for the words “The following books” the words, figures and brackets “The following books and the information or storage devices as specified in sub-section (1) of section 16” shall be substituted.

(d) in clause (c) of sub-section (1) of section 52 after the words “book appropriate there for” the word “or stored in the electronic or other storage device” shall be inserted.

(e) in section 54, after the word “copied” the words “or stored in the electronic or other storage device” shall be inserted.

(f) in sub-section (1) of section 60, after the word “copied” the words “or where the document is stored in an electronic or other device the certificate shall contain the word “Registered” with Document No, Year, Book No. and Date” shall be inserted.

(g) in section 61.

(i) in the heading after the word “copied” the word “or stored in the electronic or other storage device” shall be inserted.

(ii) after sub-section (1), the following shall be inserted, namely:-

“Provided that, where the process of registration is done by using electronic or other devices, such endorsements and certificate shall also be stored with it along with the copy of the map or plan.

Provided further that, the Registering Officer shall after the storage for preservation of the document shall also endorse thereon on the original, the reference to the serial No. of the file, pages and compact disk or any other storage device, as the case may be, where such document is preserved.”

(h) after clause (k) of sub-section (1) of section 69, the following shall be inserted, namely:-

“(l) regulating the process of registration referred to in sub-section (1) of section 70C by using electronic or other devices like Micro-filming unit, computers, scanners, floppies, hard disks, compact disks and printers including storage, retrieval and preservation and also the manner in which documents are indexed and certified copies, encumbrance certificates issued.”

(i) in section 89, in sub-sections (1), (2), (3) and (4) the following shall be inserted at the end, namely:-

“or shall get the same scanned, stored and preserved on the electronic or other device, as the case may be.”

70E. Evidentiary value of copy of certain documents registered through the process of registration by means of electronic or other devices or by other methods.- Notwithstanding anything contained in this Act or any other law for the time being in force, a copy of any document registered through the process of registration by means of electronic or other devices or by any other method 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.

70F. Saving. – Nothing in this part shall apply,-

(1) to any document which in the opinion of the Registering Officer is not in a condition fit to be processed by means of electronic or other devices;

(2) in the case of unforeseen eventuality like break-down of the electronic or other devices of registration:

Provided that the Registering Officer shall record in writing the reasons therefor.

Provided further 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 break-down of electronic or other device are duly incorporated into the system, after the same is re-stored in the manner specified in the rules by the Inspector General of Registration.

70G. Powers of the State Government under this Chapter. – Where for any reason, the State Government is satisfied that, the process of Registration by means of electronic or other device is not possible in respect of all documents in any office to which this chapter applies, may direct by notification published in the official Gazette to copy such documents in the books kept in the office and in accordance with the rules made for this purpose.”

5. Repeal. – Section 5 of the Registration (Karnataka Amendment) Act, 1984 (Karnataka Act 41 of 1984) is hereby repealed.

Published in Karnataka Gazette part IVA 1761 page 1-4 brought into force by notification no. RD 304 MUNOMU 2001 dated 2-01-2002.

PART XII
On Regusal to Register

71. Reasons for refusal to register to be recorded. - Every Sub-Registrar refusing to register a document except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his book No.2 and endorse the words " registration refused" on the document; and, on application made by any person executing or claiming under the doucment, shall without payment and unnecessary delay, give him a copy of the reasons so recorded.

(2) No registering officer shall accept for registration a document so endorsed unless and until under the provisions hereinafter contained, the document is directed to be registered.

72. Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than denial of execution. - (1) Except where the refusal is made on the ground of denial of execution, an appeal shall lie against an order of a Sub-Registrar refusing to admit a document to registration (Whether the registration of such document is compulsory or optional) to the registrar to whom such Sub-Registrar is subordinate if presented to such registrar within thirty days from the date of the order; and the registrar may reverse or alter such order.

(2) If the order of the registrar directs the document to be registered and the document is duly presented for registration within thirty days after the making of such order, the Sub-Registrar shall obey the same, and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60, and such registration shall take effect as if the doucment had been registered when it was first duly presented for registration.

73. Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution. - (1) When a Sub-Registrar has refused to register a document on the ground that any person by whom it purports to be executed, or his representatives or assign, denies its execution, any person claiming under such document, or his representative, assign or agent authorised as aforesaid, may, within thirty days after the making of the order of refusal, apply to the registrar to whom such Sub-registrar is subordinate in order to establish his right to have the document regiserted.

(2) Such application shall be in writing and shall be accompanied by a copy of the reasons recorded under section 71, and the statements in the application shall be verified by the applicant in manner required by law for the verification of plaints.

74. Procedure of Registrar on such application. - In such case, and also where such denial as aforesaid is made before a Registrar in respect of a document presented for registration to him, the Registrar shall, as soon as conveniently may be, enquire;

(a) Whether the document has been executed;

(b) Whether the requirements of the law for the time being in force have been complied with on the part of the applicant or person presenting the doucment for registration, as the case may be, so as to entitled the document to registration.

75. Order by Registrar to register and procedure thereon. -

(1) If the registrar finds that the document has been executed and that the said requirements have been complied with, he shall order the document to be registered.

(2) If the document is duly presented for registration within thirty days after the making of such order, the registering officer shall obey the same and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 ad 60.

(3) Such registration shall take effect as if the doucment had been registered when it was first duly presented for registration.

(4) The Registrar may, for the purpose of any enquiry under section 74, summon and enforce the attendance of witnesses, and compel them to give evidence, as if he were a Civil Court, and he may also direct by whome the whole or any part of the costs, of any such enquiry shall be paid, and such costs shall be recoverable as if they had been awarded in a suit under the code of Civil Procedure, 1908.

76. Order of refusal by Registrar. - (1) Every Registrar refusing (a) to register a document except on the gound that the property to which it relates is not situate within his district or that the document ought to be registered in the office of a sub-registrar, or

(b) to direct the registration of a document under section 72 or section 75, shall make an order of refusal and record the reasons for such order in his Book No. 2, and , on application made by any person executing or claiming undre the document, shall, without unnecessary delay, give him a copy of the reasons so recorded.

(2) No appeal lies from any order by a registrar under this section or section 72.

77. Suit in case of order of refusal by registrar. - (1) Where the registrar refuses to order the document to be registered, under section 72 or section 76, any person claiming under such document, or his represetative, assign or agent , may, within thirty days after the making of the order of refusal institute in the Civil Court, within the local limits of whose original jurisdiction is situate the office in which the document is sought to be registered, a suite for a decree directing the document to be registered in such office if it be duly presented for registration within thirty days after the passing of such decree.

(2) The provisions contained in subsections (2) and (3) of section 75 shall, mutatis mutanids, apply to all documents presented for registration in accordance with any such decree, and, notwithstanding anything contained in this Act, the document shall be receivable in evidence in such suit.