Discuss the duties and powers of the registering officer? | LekiPedia

1. Introduction 

Under the registration act when any documents is introduced for registration to the  registration officer, he approves the registration of every document presented before  him, the person who is presenting such document must mention the date and put his  signature on document and mentions the place of before presentation and gives receiving for the document to person who is presenting the document.

2. Relevant provisions 

Section 52-62 of registration act deals with the duties and powers of the registering  officer.

 
3. Definition of registration officer  

Registration officer is a person who is responsible to register the documents and  maintains the record of the documents under registration act 1908.  

4. Duties of registering officer 

Following are the duties of registering officer under registration act 1908.  

1. Endorsement of document 

Under the registration act 1908, registration officer is bound to endorse the date, hour,  place of presentation of document and the signature of every person who are presenting  a document for registration at the time when it is being presented. 

⮚ Case law  

It was held that registrar is not under an obligation of verify the content of the  

document presented for registration. 

2. Issuance of receipt 

Under the registration act 1908, registration officer is bound to issue a receipt to the  person who is presenting a document for registration at the time when it is being  presented. 

3. Copy of document 

Under the registration act 1908, registration officer is bound to attach a copy of the  document which has been presented before him for registration in appropriate book  according to the order of its admission without delay at the time when it is being  presented.

4. Duty to authenticate the Document 

Under the registration act 1908, registration officer is bound to authenticate the book  according to  under the instructions of inspector general at the time when it is being  presented. 

5. Signature and Thumb Impression 

Under the registration act 1908, if the person presenting the document is a literate  person, in this case his signature as well as his thumb impression shall be taken on the  document which is required to be registered by the registering officer. And if the person  presenting is an illiterate person in this case only thumb impression shall be taken. 

6. Issuance of certified copy 

Under the registration act 1908, registration officer is bound to issue a certified copy of  the document registered to the person who has applied for copies. 

7. To return the registered document  

Under the registration act 1908, registration officer is bound to return the registered  document to the person who has presented the document for registration. 

5 Powers of the registering officer  

Following are the powers of registering officer under registration act 1908. 

1. Power of refusal  

Under the registration act 1908, only the registering officer is a person who has power of  refusal to register the document presented for registration before him on valid grounds 

2. Power to delay 

Under the registration act 1908, only the registering officer is a person who has power to  delay the process of registration of document presented before him on legal grounds

3. Power of endorsement 

Under the registration act 1908, only the registering officer is a person who has power of  endorsement of the documents presented for registration before him 

4. Power of investigation 

Under the registration act 1908, only the registering officer is a person who has power of  investigation to examine the persons who are presenting documents for registration  before him whether a person presenting document has a right to present it or not. 

5. Power to sign the document

Under the registration act 1908, only the registering officer is a person who has power of  to sign the documents presented for registration before him after complete process. 

6. Qualifications of the registering officer 

Following are the qualifications of the registering officer. Registering officer should be: 

⮚ Competent and reliable 

⮚ Experienced in dealing with receiving, obtaining and recording personal information from the  general public 

⮚ Knowledge of the Electoral Division 

⮚ An eligible voter in the electoral division where employed as a RO 

⮚ Must be available to work  

⮚ At least 18 years of age 

⮚ A good character person and has not been convicted by the court 

7. Conclusion 

To conclude I can say that under the registration act a registering officer is empowered to  register a document presented before him. Under some circumstances if he is not  satisfied with any document he can refuse to register the document. A lot remedies are  available to aggrieved person on suck kind of refusal to register the document by the  registering officer.