The Government of Bangladesh through a gazette on October 27, 2014 published the Bangladesh Registration Rules, 2014 which replaced the Bangladesh Registration Rules, 1973 and became effective from November 16, 2014. By publishing the 2014 Rule, the government has made some significant changes to the Registration Act, 1908, Transfer of Property Act, 1882 and enacted the Power of Attorney Act 2012.
The 2014 Rule has made out several conditions that shall be satisfied for registration of a deed and also prescribed forms of deeds for transfer of property with specific rules for maintaining the records, unavoidable delays, commission and visit, deeds submitted for registration after the specified time limit, registration of deeds executed outside Bangladesh, certified copies, and power of attorney.
The Rule provides the following provisions:
Preliminary 1. Short title. 2. Definitions.
CHAPTER I – Maintenance of register books, papers and documents in registration offices and their custody and also destruction of documents. 3. Forms of Register Books Nos. 1 to 5. 4. Register books how to be kept. 5. Separate volumes for Register books. 6. File books to be kept. 7. Additional records to be kept in all registration offices. 8. Additional records to be kept in Registrar’s Offices. 9. Central office of records in each district. 10. Transmission of records to the district office. 11. Records to be permanently preserved in Registrar’s offices. 12. Records to be permanently preserved in other Registration Offices. 13. Responsibility for safe custody of records. 14. Note of destruction of unclaimed documents under section 85.
CHAPTER II – Authentication of Register Books. 15. Certificate to be given in Register Books. 16. Authentication of copies and notes. 17. Mode of making corrections.
CHAPTER III 18. Languages to be deemed to be commonly used in different districts.
CHAPTER IV 19. Territorial divisions.
CHAPTER V – Procedure prior to acceptance of documents for registration. 20. Conditions of admissibility. 21. Procedure in cases when document is inadmissible. 22. Receiving documents for registration. 23. Registration of document affecting immovable property situated in an area transferred after its presentation. 24. Procedure in case of unavoidable delay. 25. Attestation of interlineations, blanks, erasures and alterations. 26. Documents presented at wrong office. 27. Documents not duly stamped to be impounded. 28. Procedure after impounded document is returned by the Collector. 29. Procedure when stamp vendor’s endorsement is in a language not understood by the registering officer. 30. Procedure on presentation of document in which registering officer is personally interested. 31. Procedure regarding acceptance of documents relating to property partly in Bangladesh and partly out of it.
CHAPTER VI – Visits and Commissions 32. Payment to accompany applications for visits or commissions. 33. Receipt for payment for visit under section 31 or section 33. 34. Form of endorsement of commission. 35. Commission to whom to be issued. 36. Examination of commissioner by registering officer. 37. Procedure after execution of commission.
CHAPTER VII – Fines to be imposed under sections 25(1) and 34(1). 38. Scale of fine. 39. Calculation of fine for delay in appearance on second and subsequent occasions. 40. Calculation of fines when two or more copies are presented. 41. Remission of fines.
CHAPTER VIII – Procedure on acceptance of document for registration. 42. Registering officer not concerned with validity of documents. 43. Documents on more than one sheet of paper. 44. Receipt of fee and fine. 45. Endorsement how to be made. 46. Identification of executants. 47. Signature of illiterate person. 48. Thumb impressions. 49. Further provisions in regard to thumb impressions. 50. Registration of documents executed by several persons. 51. Procedure on failure of the executant to appear within the period prescribed by section 17A or section 23. 52. Procedure on failure of the executant to appear after payment of a fine and within the extended period prescribed by section 25. 53. Willful refusal or neglect to attend and admit execution. 54. Application of rule 51 to documents executed out of Bangladesh. 55. Procedure regarding documents executed partly in Bangladesh and partly out of it. 56. Registration of a document, more than the period as provided under section 17A or section 23 as the case may be, after its execution. 57. Record of reasons for refusal to register.
CHAPTER IX – Administration and Record of Oaths. 58. Oath when to be administered 59. Form of oath or affirmation. 60. Oath to be recorded separately. 61. Document when to be copied. 62. Procedure of registration of documents presented in duplicate, triplicate, etc. 63. Copies of maps or plans to be attested. 64. Copies of maps or plans contained in a document brought for re-registration 65. Procedure of re-registration of documents. 66. Translations and copies. 67. Copyist and comparer to sign their names in register. 68. Form of final endorsement of registration. 69. Interlineations, blanks, erasures, alterations and corrections to be noted. 70. Procedure when document is copied in a wrong book. 71. Procedure on registration of a document in a wrong office. 72. Making endorsement on separate paper. 73. Supply of printed or lithographed form for documents in a common form 74. Supplementary document rectifying error in a previous document. 75. Prompt return of documents after registration. 76. Preparation of memoranda and copies of document 77. Memoranda and copies for other districts. 78. Short notes to be sent. 79. Entry of date of despatch of memoranda and copies. 80. Receipts for memoranda and copies.
CHAPTER XII – Indexes. 81. Forms of Indexes Nos. I, II, III and IV. 82. Indexes to be kept in English and entries to be made in alphabetical order. 83. Spelling. 84. Indexing of names. 85. Indexing of representatives, guardians and agents. 86. Different coloured inks for certain names in Index No. III. 87. Separate entry of each executant or claimant or property. 88. Indexing of copies, memoranda and sale certificate. 89. Binding of indexes and copies for use in Sub-Registrar offices.
CHAPTER XIII – Special provisions as to Powers-of-attorney. 90. Recognition and authentication of power-of-attorney 91. Notes to be made of inter-lineation, etc. 92. Authentication of powers-of-attorney. / Registration of Powers-of-attorney. 93. Translation of power-of-attorney to be filed in certain cases. 94. Endorsement when a authenticated power-of-attorney is used. 95. Deposits of Wills. 96. Entries in Book No. 5. 97. Withdrawn of sealed cover containing will. 98. Opening of sealed cover containing will. 99. Documents to accompany wills forwarded to a Court. 100. Monthly examination of sealed covers containing wills 101. Revocation or cancellation of will and authority to adopt. 102. Wills registered or refused not to be destroyed but deposited in Registrar’s office. 103. Summons under section 75, sub-section (4). 104. Application for summonses under section 37. 105. Summonses when to be accompanied by translation. 106. Attendance on summons issued under Section 37. 107. Procedure in case of non-appearance on summons.
CHAPTER XVI – Supply of information from books or copies of documents. 108. Applications for searches and copies. 109. Information required by officials. 110. Procedure of production of records to Courts.
CHAPTER XVII – Seals. 111. Custody and destruction of seals. 112. Procedure in case of delay in receipt of seal.
CHAPTER XVIII – Office Procedure. 113. Hours of presentation of documents. 114. Daily notice of completion of documents. 115. Receipt and return of documents. 116. Comparison of books with Catalogue. 117. Fees to be entered in the fee and cash books and paid into treasury or deposited into the Sonali Bank. 118. Holidays.
APPENDIX
