Rajasthan Registration (Licensing of Document Writers), Rules, 1956 1. Short title and commencement. 2. Definitions. 3. Necessity of licence. 4. Application for licence. 5. Grant and refusal of licence. 6. Fees for licence. 7. Writing charges. 8. Signature and endorsement of fee. 9. Register of documents. 10. Production of licence. 11. Cancellation of licence. 12. Register of licence. 13. Unlicensed document writer not to enter. 14. Change of office. 15. Registration not to be refused.

Rajasthan Registration (Licensing of Document Writers), Rules, 1956

Published vide Notification No. F. 49(8) SR/51, dated 25-4-56. published in Rajasthan Gazette Part 4-C. dated 14-7-1956

RJ317

The following rules made by the Inspector General of Registration, Rajasthan, in exercise of the powers conferred by sub-section (1) of section 69 of the Indian Registration Act, 1908 (Act No. XVI of 1908) as amended in its application to Rajasthan by the Indian Registration (Rajasthan Amendment) Act. 1953 (Rajasthan Act No. XVIII of 1953) have been approved by the Government of Rajasthan under sub-section (2) of section 69 of the said Act and are hereby published as required by the said sub-section (2).

Short title and commencement.- These rules may be called the Rajasthan Registration (Licensing of Document Writers) Rules, 1956 and shall extend to the whole of Rajasthan. They shall come into force on the date of their publication in the Rajasthan Gazette.
Definitions.- In these rules, unless the context otherwise re-quires-

(a) "Act" means the Indian Registration Act, 1908 (XVI of 1908):

(b) "District Registrar" means the Registrar of a Registration District appointed under the Act: and

Necessity of licence.- No person shall, for remuneration of any kind write any document for registration or application for copies, search and inspection to be presented before a registration office, except under a licence issued in this behalf by the District Registrar of the Registration District concerned.

Exception. - No licence shall be necessary for a legal practitioner entitled by law to practice as such.

[3A. Fixing maximum number of licensed Document writers for different places. - (1) The maximum number of licensed Document Writers for different places at the head quarters of each district sub-division or Tehsil shall be fixed by the District Registrar with prior approval of the Inspector Genera, Registration and Stamps, Rajasthan.

(2) While fixing the number of licensed Document Writers recommendations received from Sub-Divisional Officers, Tehsildars, Sub-Registrars, Local Bodies and general public, may be taken into consideration.]

[4. Qualification for appearing in written examination. - The applicant, who possesses the following qualifications, may be permitted to appear in written examination:-

(i) he is not less than 18 years of age;

(ii) he is of good character; and

(iii) he has passed the Senior Secondary School examination or any other equivalent examination.

Procedure for grant of License.- (1) Applications for appearing in written examination from eligible persons as per the provisions of Rule 4, shall be invited once in every two calendar year.

(2) Notice for inviting application shall be published in two daily State level newspapers, in circulation, in concerned District.

(3) Application, indicating the places in order of preference for which license is sought for, shall be made in Form 'B' appended to these rules, within 15 days from the date of publication of the notice, along with a fee of rupees one hundred in the form of Indian Postal Order, Demand Draft or cash.

(4) No candidate shall be admitted to the examination unless he holds a certificate of admission granted by the District Registrar. Before granting such certificate, the District Registrar shall satisfy himself in each case that application has been made strictly in accordance with the provisions of these rules.

(5) The District Registrar shall conduct a written examination for eligible candidates to adjudge their elementary knowledge about,-

(i) The Rajasthan Stamp Act, 1998 (Act No. XIV of 1999) and rules made their under;

(ii) The Registration Act, 1908 (Act No. XVI of 1908) and rules made their under: and

(iii) Drafting of Deeds.

(6) For written examination one question paper having questions on all the three subjects as mentioned in sub-rule (5), shall be prepared. Maximum and minimum qualifying marks for the question paper shall be 100 and 40 respectively. The duration for answering the question paper shall be 3 hours.

(7) District Registrar shall prepare a merit list of qualified candidates as per vacancies available in accordance with Rule 3-A for different places, on the basis of marks obtained by them in written examination.

(8) Qualified candidates, who stand in merit list as prepared under sub-rule (7) shall be granted license in the Form 'A' appended to these rules, according to the number of vacancies and preferences of places given by the candidates in their application form.

(9) Expenditure for inviting applications and conducting examination shall be incurred from the fee received as per sub-rule (3').

(10) The District Registrar may appoint an officer not below the rank of Additional Collector, for conducting written examination.]

[Fees for licence.- Every licence.-Every licensed document writer shall pay a fee of Rupees[100] per year payable in advance. The year shall commence on the first day of the month of January:

[***]]

[7. Writing charges. - The Inspector General shall for the entire registration offices in the State from time to time, fix the rates of charges for writing documents for Registration and for applications for copies, search and inspections to be presented before the Registration office & no licensed Document Writer shall ask for or accept any amount in excess of the rates of so fixed.

A table of the rates of fixed in Hindi shall be exhibited in a conspicuous place outside every Registration office and if any Document Writer asks for or accepts any amount in excess of the rates so fixed, the District Registrar or Sub-Registrar concerned may on complaint being made to him. order the return of the amount received in excess. Such action shall be without prejudice to the cancellation of the licence under the provisions hereinafter contained.]

Signature and endorsement of fee.- Every licensed document writer shall sign the document, application or other paper drawn up by him, with the date of drawing it up and shall enter below his signature, the fees charged by him for drawing it up. The number which the document, application or paper bears in the register maintained under rule 9 of these rules shall also be entered thereon.
Register of documents.- Every licensed document writer shall maintain a register of documents, applications and papers drawn up by him, and shall enter therein the following details:-

(a) The name of the person for whom the document, application, or paper was written.

(b) Nature of the document, application, or paper.

(d) Date of writing the document etc.

(e) Fees charged.

(f) Registration office to which the document, application or paper is to be presented.

(g) Remarks by the Registration Officer or Inspector of Registration inspecting the Register.

Entries made in the register shall be numbered serially. The register shall be produced for inspection by the District Registrar or Sub-Registrar concerned and also by the Inspector of Registration appointed by the Government of Rajasthan for the area.

Production of licence.- A licence issued under rule 3 shall be produced whenever required by the District Registrar or Sub- Registrar concerned, or by any Inspector of Registration appointed for the area by the Government of Rajasthan.
Cancellation of licence.- (1) A licence issued under rule 3 may be cancelled by the District Registrar on any of the following grounds:-

(a) that the document writer has not paid the fees for the quarter,

(b) that the said document writer has become a legal practitioner s clerk,

(d) that the document writer is tout as defined in the Legal Practitioners Act, 1879 (Act XVIII of 1879),

(e) that the document writer has been convicted by a Criminal Court of an offence involving moral turpitude, such conviction not having been set aside in appeal or revision.

(f) that the document writer has been found guilty of abetment or participation in any illegal transaction or unfair dealing,

(g) that the document writer has been found to be inefficient.

(h) that the document writer has been guilty of unruly behaviour or disobedience of lawful order issued under these rules, or breach of any of these rules.

[(i) that the Document Writer has not written his name License Number, Fee charged or put his signature on each document drafted by him.]

(2) No licence shall be cancelled without giving the document writer a reasonable opportunity of showing cause against the proposed cancellation.

(3) A licence shall not be cancelled except on any of the grounds mentioned in sub-rule (1).

Register of licence.- Every District Registrar shall keep a register showing the names of all persons licensed as document writers in the District, their names, dates of issue of licence, fees paid and such other particulars as may be necessary. A copy of this register shall be kept in the office of every Sub Registrar.
Unlicensed document writer not to enter.- No Unlicensed document writers or tout shall be allowed to enter the premises or the office compound of a registration office:-

(a) except for the purpose of transancting business in connection with the registration of their private documents, or

(b) unless they hold a power of attorney granted or a receipt duly endorsed in their favour by the presenter of a document or other person desirous of making a search or obtaining a copy.

Change of office.- If during the continuance of his licence, a document writer wishes to practice his profession at another office, than that entered in the licence, the District Registrar may, at his discretion, correct the licence accordingly without extra charge.
Registration not to be refused.- Nothing in the foregoing rules authorizes any registering officer to refuse acceptance of a document or an application for copies, search or inspection on the ground that it is written by an unauthorised document writer. Persons presenting documents, for registration are free to get their documents and petitions written how and where they please.

Form "A"

Licence for Writing Documents

No. of licence

Name of document writer

Place of writing

...................son of............is hereby authorized to sit in the compound of the office at..............and to write documents and petitions.

The holder of this licence as a condition of the licence remaining in force is required to abide by the following rules:-

That he shall pay a quarterly fee of Rs. 5/- or Rs. 2/8/- (if reduced under the proviso to rule 6).
That he shall attend the office regularly.
That he will not carry on the profession of a tout as defined in the Legal Practitioners Act. 1879, (No. XVIII of 1879) or accept the muharrirship of a pleader.
That he shall not charge remuneration for writing deeds in excess of what is laid down in the scale of fees drawn up by the District Registrar, a copy of which should be kept by him.
That he shall write deeds legibly and observe the instructions relating to the writing of documents and the provisions of the Rajasthan Registration (Licensing of Documents Writers) Rules, 1956.
That he shall not abet or participate in any illegal transaction or unfair dealing.
This licence will be liable to cancellation for a breach of any of the above conditions or of the rules.

District Registrar.

[From B]

Performa of Application Form

Name of the applicant:
Fathers name:
Permanent address:
Name of the places in orders of preference for which license of Document Writer is sought for:
Other Information.

(i) Date of Birth

(ii) Educational Qualifications

(iii) Two character certificates attached (character certificate should be issued by the officer not below the rank of Tehsildar or equivalent)

Place: Date:

Signature of the applicant