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In forceACT NO. XVI OF 1908 · 18th December, 1908

The Registration Act, 1908

নিবন্ধন আইন, 1908

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

Contents

  1. PreamblePreamble

Part I PRELIMINARY

  1. Section 1Short title, extent and commencement
  2. Section 2Definitions

Part II OF THE REGISTRATION-ESTABLISHMENT

  1. Section 3Inspector-General of Registration
  2. Section 4[Repealed]Repealed
  3. Section 5Districts and sub-districts
  4. Section 6Registrars and Sub-Registrars
  5. Section 7Offices of Registrar and Sub-Registrar
  6. Section 8Inspectors of Registration-offices
  7. Section 9[Repealed]Repealed
  8. Section 10Absence of Registrar or vacancy in his office
  9. Section 11Absence of Registrar on duty in his district
  10. Section 12Absence of Sub-Registrar or vacancy in his office
  11. Section 13Report to Government of appointments under sections 10, 11 and 12
  12. Section 14Establishments of registering officers
  13. Section 15Seal of registering officers
  14. Section 16Register-books and fire-proof boxes

Part III OF REGISTRABLE DOCUMENTS

  1. Section 17Documents of which registration is compulsory
  2. Section 17ARegistration of contract for sale, etc.
  3. Section 17BEffect of unregistered contract for sale executed prior to section 17A becomes effective
  4. Section 18Documents of which registration is optional
  5. Section 19Documents in language not understood by registering officer
  6. Section 20Documents containing interlineations, blanks erasures or alterations
  7. Section 21Description of property and maps or plans
  8. Section 22Description of houses and land by reference to Government maps or surveys
  9. Section 22AInstrument of transfer

Part IV OF THE TIME OF PRESENTATION

  1. Section 23Time for presenting documents
  2. Section 23ARe-registration of certain documents
  3. Section 24Documents executed by several persons at different times
  4. Section 25Provision where delay in presentation is unavoidable
  5. Section 26Documents executed out of Bangladesh
  6. Section 27Wills may be presented or deposited at any time

Part V OF THE PLACE OF REGISTRATION

  1. Section 28Place for registering documents relating to land
  2. Section 29Place for registering other documents
  3. Section 30[Omitted]Repealed
  4. Section 31Registration or acceptance for deposit at private residence

Part VI OF PRESENTING DOCUMENTS FOR REGISTRATION

  1. Section 32Persons to present documents for registration
  2. Section 33Power-of-attorney recognizable for purposes of section 32
  3. Section 34Enquiry before registration by registering officer
  4. Section 35Procedure on admission and denial of execution respectively

Part VII OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES

  1. Section 36Procedure where appearance of executant or witness is desired
  2. Section 37Officer or Court to issue and cause service of summons
  3. Section 38Persons exempt from appearance at registration-office
  4. Section 39Law as to summonses, commissions and witnesses

Part VIII OF PRESENTING WILLS AND AUTHORITIES TO ADOPT

  1. Section 40Persons entitled to present Wills and authorities to adopt
  2. Section 41Registration of wills and authorities to adopt

Part IX DEPOSIT AND DISPOSAL OF WILLS

  1. Section 42Deposit of wills
  2. Section 43Procedure on deposit of wills
  3. Section 44Withdrawal of sealed cover deposited under section 42
  4. Section 45Proceedings on death of depositor
  5. Section 46Saving of certain enactments and powers of Courts
  6. Section 46ADestruction of Wills

Part X OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION

  1. Section 47Time from which registered document operates
  2. Section 48Registered documents relating to property when to take effect against oral agreements
  3. Section 49Effect of non-registration of documents required to be registered
  4. Section 50Certain registered documents relating to land to take effect against unregistered documents

Part XI OF THE DUTIES AND POWERS OF REGISTERING OFFICERS

  1. Section 51Register-books to be kept in the several offices
  2. Section 52Duties of registering officers when document presented
  3. Section 52ARegistering Officer not to register unless certain particulars are included in an instrument of sale
  4. Section 53Entries to be numbered consecutively
  5. Section 54Current indexes and entries therein
  6. Section 55Indexes to be made by registering officers, and their contents
  7. Section 56[Repealed]Repealed
  8. Section 57Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries
  9. Section 58Particulars to be endorsed on document admitted to registration
  10. Section 59Endorsements to be dated and signed by registering officer
  11. Section 60Certificate of registration
  12. Section 61Endorsements and certificate to be copied and document returned
  13. Section 62Procedure on presenting document in language unknown to registering officer
  14. Section 63Power to administer oaths and record of substance of statements
  15. Section 63AProcedure where documents not properly valued.
  16. Section 64Procedure where document relates to land in several sub-districts
  17. Section 65Procedure where document relates to land in several districts
  18. Section 66Procedure after registration of documents relating to land
  19. Section 67OmittedRepealed
  20. Section 68Power of Registrar to superintend and control Sub-Registrars
  21. Section 69Power of Inspector-General to superintend registration offices and make rules
  22. Section 70Power of Inspector-General to remit fines

Part XII OF REFUSAL TO REGISTER

  1. Section 71Reasons for refusal to register to be recorded
  2. Section 72Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than denial of execution
  3. Section 73Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution
  4. Section 74Procedure of Registrar on such application
  5. Section 75Order by Registrar to register and procedure thereon
  6. Section 76Order of refusal by Registrar
  7. Section 77Suit in case of order of refusal by Registrar

Part 44[XIIA] Of E-REGISTRATION

  1. Section 77AApplicability of this Act to digitized registration system

Part XIII OF THE FEES FOR REGISTRATION, SEARCHES AND COPIES

  1. Section 78Fees to be fixed by Government
  2. Section 78ARegistration fee for contract for sale, heba and mortgage
  3. Section 78BRegistration fee for instrument of partition
  4. Section 79Publication of fees
  5. Section 80Fees etc. payable on presentation

Part XIII-A OF TOUTS

  1. Section 80CHanging up of lists of touts in Registration Offices
  2. Section 80DExclusion of touts from precincts of Registration Offices
  3. Section 80EPresumption as to touts found within precincts of Registration Offices
  4. Section 80BInquiry by a Sub-Registrar regarding suspected touts
  5. Section 80FArrest and trial of touts

Part XIII-B OF DEED – WRITERS.

  1. Section 80GPower to Inspector-General to make rules relating to deed-writers

Part XIV OF PENALTIES

  1. Section 81Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure
  2. Section 82APenalty
  3. Section 82Penalty for making false statements, delivering false copies or translations, false personation, and abetment
  4. Section 83Registering officer may commence prosecutions
  5. Section 84Registering officers to be deemed public servants

Part XV MISCELLANEOUS

  1. Section 85Destruction of unclaimed documents
  2. Section 86Registering officer not liable for thing bona fide done or refused in his official capacity
  3. Section 87Nothing so done invalidated by defect in appointment or procedure
  4. Section 88Registration of documents executed by Government officers or certain public functionaries
  5. Section 89Copies of certain orders, certificates and instruments to be sent to registering officers and field
  6. Section 90Exemption of certain documents executed by or in favour of Government
  7. Section 91Inspection and copies of such documents
  8. Section 92RepealedRepealed
  9. Section 93RepealedRepealed