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| Registration Of Documents |
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AN ACT TO AMEND THE REGISTRATION OF DOCUMENTS ORDINANCE.
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[30th December
, 1982 ]
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Short title.
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1. This Act may be cited as the Registration of Documents (Amendment) Act.
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Amendment of section 13 of Chapter 135.
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2.Section 13 of the Registration of Documents Ordinance (hereinafter referred to as the principal enactment ) is hereby amended as follows:
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(a) by the repeal of subsection (5) of that section, and the substitution therefor of the following subsection:
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“(5) Every Registrar shall refuse to register an instrument, other than a will, which does not state the particulars required by the foregoing provisions of this section. ;
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(b) by the insertion, immediately after subsection (5) of that section, of the following new subsections:
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“(5A) Any person aggrieved by the decision of the Registrar under subsection (5) may, within thirty days of such decision being communicated to him, appeal to the Registrar-General who may vary or reverse such decision if it is shown to his satisfaction
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(a) that the description is sufficient to enable the land to be identified with reasonable certainty; or
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(b) that it was impracticable to insert the required particulars in the instrument.
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(5B) Any person aggrieved by a decision of the Registrar-General under subsection (5A) may, within thirty days from the date of such decision being communicated to him, institute in any District Court having jurisdiction a suit against the Registrar-General praying for the variation or reversal of such decision.”; and
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(c) by the repeal of subsection (6) of that section, and the substitution therefor of the following subsection: ”
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(6) Where the description of the land affected by an instrument executed or made after the commencement of this Ordinance is not contained in a schedule to the instrument, a fee of ten rupees shall be payable for the registration in addition to any other fee which may be payable:
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Provided that nothing in this subsection shall be construed so as to apply or affect any grant or lease of State land made or executed after the commencement of this Ordinance.”
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Amendment of section 35 of principal enactment.
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3. Section 35 of the principal enactment is hereby amended by the repeal of subsection (1) of that section, and the substitution subsection:-
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“(I) Where it is shown to the satisfaction of the Registrar-General that any error or omission has been made in registering any instrument, whether before or after the commencement of this Ordinance, the Registrar-General shall issue notice in writing in the prescribed form
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(a) in the case of a deed to the parties thereto; or
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(b) in the case of a will to the executor or administrator, as the case may be; or
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(c) in the case of any other instrument to the person who presented it for registration,
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and order such error or omission to be corrected and the correction shall then be made by the Registrar concerned in the prescribed manner, but shall not affect any priority accrued before the correction is made:
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Provided that the Registrar-General may with like effect make such an order for the correction of any error or omission made in registering any such instrument if it is proved to his satisfaction by any person interested that by reason of the death or legal incapacity of any person or party to whom notice is required to be issued as aforesaid or for any other sufficient cause whatsoever, such notice cannot be issued.”.
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