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
(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
(c) "Registration" means registration of a document under the Act.3. 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. 4. Application for licence. - An application for a licence under rule 3 shall be in writing and shall bear the Court fee prescribed by law. It shall be presented personally by the applicant to the District Registrar: The licence, if issued, shall be in the Form A' annexed to these rules. 5. Grant and refusal of licence. - (1) A licence under rule 3 shall not be issued unless the District Registrar is satisfied that the applicant-
(a) is not less than 18 years of age.
(b) can draw up a precise and well written documents and applications,
(c) possesses a fair knowledge of the law relating to stamps and registration and the elements of conveyancing.
(d) bears good moral character, and
(e) writes in a legible hand.(2) A licence shall not be refused if the applicant satisfies all the requirements mentioned above and pays the fee prescribed by rule 6 below. (3) For the purpose of satisfying himself as to the applicant’s competence in respect of matters mentioned in clauses (b), (c) and (e) of sub-rule (1). the District Registrar may require the applicant to undergo an oral or written test, if the District Registrar thinks it necessary. (4) A licence shall not be refused unless the applicant has been given a reasonable opportunity of proving his eligibility and competence. 6. [Fees for licence. - Every licence.-Every licensed document writer shall pay a fee of Rupees [200/-] per year payable in advance. The year shall commence on the first day of the month of January: Provided that if the licensee is a petition writer licensed under the General Rules (Civil). 1952 made by the High Court of Judicature of Rajasthan or under the rules made by the Board of Revenue for Rajasthan, the fee payable shall be not more than Rupees [100/-]: Provided further that the District Registrar may reduce the fee payable by the licensed document writer who is also not a petition writer to Rs. [ 100/-] per year, if he is satisfied that the document writer does not also write petition for presentation to Courts and that the work of writing documents being small justifies the reduction in the ordinary fee ] [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.] 8. 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. 9. 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.
(c) Details regarding the immovable property, if any, which is a subject matter of the document.
(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. 10. 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. 11. 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,
(c) that the document writer has not attended office regularly without sufficient cause,
(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.(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). 12. 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. 13. 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.14. 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. 15. 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.
Licence for Writing DocumentsNo. 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:- 1. That he shall pay a quarterly fee of Rs. 5/- or Rs. 2/8/- (if reduced under the proviso to rule 6). 2. That he shall attend the office regularly. 3. 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. 4. 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. 5. 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. 6. That he shall not abet or participate in any illegal transaction or unfair dealing. 7. This licence will be liable to cancellation for a breach of any of the above conditions or of the rules.