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Page | 1 Project report on process of e-Registration Presentation of documents upto delivery of registered documents to registrant public Submitted to submitted by Director,ROTI Dr. Pruthwiraj Parida (ORS) Trainee officer,17 th Batch

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Project report on

process of e-Registration Presentation of

documents upto delivery of registered

documents to registrant public

Submitted to submitted by

Director,ROTI Dr. Pruthwiraj Parida (ORS)Trainee officer,17th Batch

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ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to the Revenue and

Disaster Management Department, Odisha, Bhubaneswar as well the faculties

and dignitaries of the Revenue Officers’ Training Institute, Gothapatana, for

their valuable instruction and training to make us successful administrators in

the coming period and to catter the public demands. I would also really thankful

them for giving the golden opportunity to do this wonderful project report on

the topic, “e-Registration process from presentation to delivery of documents”,

which also helped me in realising different information. Secondly I would also

like to thank all who helped me a lot in finalizing this project within the limited

time frame.

Dr.Pruthwiraj Parida

ORS trainee officer 15th batch

ROTI

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CONTENTS

Sl No. Topic Page1.

Introduction1

2. e-Registration 2

3. DocumentsRequired for

e-Registration

3

4.Process of e-Registration

4

5.Online EC

9

6.Online CC

9

7.Cashless transaction

10

8.Acts and rules in registration

11

9.Constraints

12

10.Remarkable achievements

12

11.Conclusion

13

12.Reference

13

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1. Introduction

. Registration means the registration of documents registration is made under

the provisions of the Registration Act, 1908.The final output of a property

transaction is a document. The registration of property documents is a crucial

facet in property transactions. A property document will be invalid and

essentially useless if the document was required to be registered and

registration was not done. When a document is registered, a copy of the

document is kept with the registration office. Registration serves a very limited

but crucial function in property transactions.

What is the purpose of registration?

The purpose of registration of a document is to give notice to the

world' of a certain property document having been executed. Record

keeping is another important function of registration offices and these

records are permanent for all practical purposes. The courts of law rely

heavily on such records for deciding property disputes.

2. Concept of e-Registration

Registration of documents through electronically mode is known as e-

Registration.

Objectives of e-Registration

To maintain uniformity in the registration process.

To expedite the registration process within stipulated time limit.

To preserve the record electronically for future reference

Scrutinize and error free registration process.

To check frauds and unfair registration

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To make registration process people friendly.

Market value configuration and automated property valuation. Maintain

all records in digital, integration with land record database (Bhulekh

Online issuance of Encumbrance Certificate (EC) and Certified Copy (CC)

Online registration of partnership firm and society registration.

To make mutation process compulsory by automatic transmission of

Form No-3 to concerned Tahasil intimation.

to ensure efficient, hassle-free and timely delivery of registration services

e-Registration in Odisha

In line with the Orissa government’s commitment to usher a new era of

e-governance, the state on introduced hassle-free e-registration of sale and

purchase of land through the public private partnership. State government

have notified 16 (sixteen) registration services as public services u/s 3(1) of the

Odisha Right to Public Services Act, 2012 vide Gazette Notification No. 1668

dated 17.10.2017. Some of the important services include registration of

property, issuance of Encumbrance Certificates / Certified Copies, Registration

of Partnership Firms/ Societies, marriage registration, etc. Government has

adopted e-Registration System in the state since 6.1.2010.

List of requisite documents for registration

True copy of document to be registered.

All documents relating to the ownership of the transacted Property

i,e.Record of Rights and Interim Sale Deed etc.

Production of valid photo identity-proof card of all the executants,

claimants and identifier (EPIC / Aadhaar / Driving License / Passport /

PAN). 3 (three) passport size coloured photographs of all the executants

and claimants.

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Copy of PAN Card of the executants and claimants (if the document is

valued more than 10 (ten) lakhs.

In absence of PAN card, Form No. 60 under IT Act duly filled in.

Encumbrance Certificate from the date of publication of the RoR

published by the Settlement / Consolidation Authorities up to the date of

execution of the document.

Declaration in Form A duly signed by transferor and transferee, if no

building or structure exists on the transacted property.

Declaration in Form B duly signed by transferor and transferee and

structure report from executive/Junior Engineer (R&B), If any house or

structure exists on transacted property.

In case of document is registered by an Attorney Holder Registered

Power of Attorney Photo identity-proof card of the Attorney Holder. Life

certificate of the principal of the Power of Attorney

Requisite permission from the Revenue Officer when the property is

transferred by a SC/ST person in favour of a non- SC/ST person u/s-22

of Odisha Land Reform Act, 1960.

Requisite permission or NOC issued by the Competent Authority of

Endowments for transfer of property belonging to deity.

Requisite permission from the competent consolidation authority when

the consolidation land is fragmented.

Legal heir certificate from the concerned tahsildar, if some of the

recorded tenants are dead.

Procedure/steps for e-Registration

Ascertaining the market value of the transacted property from DSR/ SR

office and from the website of IGR, Odisha.

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Payment of Stamp Duty: a. Through e-Stamping by purchasing e-Stamp

certificate (Stamp of worth Rs 1000/-) from:- Offices of StockHolding located

anywhere in the state. e-Stamp counters established in the registration offices

Authorized Collection Centre appointed by Central Record Keeping Agency

(SHCIL) Authenticity of e-Stamp certificates can be verified from the CRA

website (https://www.shcilestamp.com)

b. Use of electronic franking machine available in the registration offices.

c. Use of Impressed Stamp Paper to be purchased from the Licensed Stamp

Vendors/ Concerned Treasury or Sub-Treasury Office by depositing requisite

amount.

Presentation of document along with its true copy before the Registering

Officer by the party.

Checking of document by registeringofficer.

a. Verify whether stamp duty is paid in full.

b. Verify whether Record of Rights or intermittent registered deed is produced

to establish the right, title & interest of the transferor on the property so

transacted.

c. Verify whether the property is free from any encumbrance.

d. Verify whether requisite permission is granted by the Competent Authority of

Endowments for transfer of property belonging to deity.

e. Verify whether requisite permission from the Revenue Officer is taken when

the property is transferred by a SC/ST person in favour of a non SC/ST person

u/s-22 of Odisha Land Reform Act, 1960.

f. Verify whether requisite permission is granted by the competent

consolidation authority when the consolidation land is fragmented.

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g. Verify whether all Legal heirs have executed the document as mentioned in

the legal heir certificate received from the concerned tahsildar, if some of the

recorded tenants are dead.

h. Verify whether Life certificate of the principal of the Power of Attorney is

attached.

i. Verify whether structure report from executive/Junior Engineer (R&B) is

attached & verify whether the latest guidelines on valuation of buildings and

superstructure communicated by Chief Engineer (Building) is followed so as to

prevent leakage of government money in terms of stamp duty & registration fee.

j. Verify whether the instrument is not covered under section 22-A of

Registration (Odisha Amendment) Act, 2013.

Generation of ID of the document.

Data entry of basic information of the document. a. Name & Address of the first

party, second party and witnesses b. Land Schedule (Khata No., Plot No.,

Kisam, Area) c. Mode of Payment of Stamp Duty & Registration Fee

Collection of registration fees in the Registration Office. a. A registrant public

may pay the registration fee in cash or cashless mode. b. Government has

facilitated payment of registration fee and fines both online and offline through

Odisha Treasury Portal (https://www.odishatreasury.gov.in). Citizen can make

payment online either through Net Banking or Debit Card or offline through

over the counter mode. Refer Section-6 (“Cashless Transaction”) to know

details about provisions of cashless transaction available for Registrant

Public/Registering officer. Refer “Table of Fees under the Registration Act,

1908” for calculating Fees for registration of different documents.

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Capture of biometric – Photograph, thumb impression and signature of all

parties and the identifiers to the document through electronic device. (Ref: Rule

60 & 66 of Orissa Registration Rules, 1988)

Registration of document

Printing endorsement on back side of the document

Signing of the endorsement by the registering officer

Scanning of documents

Uploading of documents

Delivery of documents

Parties/citizens purchase stamp papers from the Licensed Stamp

Vendors sitting on the premises of registration offices or from Stamp

Vendors vending stamps at other places appointed by the Appointing

Authority under the Odisha Stamp Rules, 1952.

The document along with its true copy duly executed and attested is

presented before the DSR/SR for registration by the persons as required

u/s 32 of the Registration Act.

The DSR/SR or the DR acting u/s 30 of the Registration Act are the statutory

authorities to proceed in the matter of registration of document presented u/s

52 of the Registration Act. Thereafter the adjudication of proper stamp duty is

made U/S 33 of the stamp Act. The proper valuation of the property in case of

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transaction of immovable property made through the deeds of sale, exchange,

partition, settlement and gift is made under section 47A of the Indian Stamp

(Orissa Amendment Act 2008) Act, 1899 with reference to the provisions of the

Orissa stamp rules 1952 as amended till date to prevent leakage Govt.

revenue .

Important Rules and section of Registration

Time of registration

S.23- To be presented for registration within 4 months from the date of

execution (except WILL)

S.24- If several persons executing a document at different times, it may

be presented for registration and re-registration within 4 months from

the date of each execution.

S.25- provision where delay in presentation is unavoidable (delay not

exceeding 4 months – fine not exceeding 10 times the proper Regn. Fees)

S.26- Documents executed outside India – within 4 months after its

arrival in India

Person to present the documents

S.32- Persons to present document for registration

by some person executing or claiming under the document/decree/order

by the representative or assignee of such person

by the agent of such person, representative or assignee duly authorized

by POA executed and authenticated

S.32-A- Compulsory affixing of photograph & fingerprints

Enquiry before registration

S.34 . 1- Executants to appear before the R.O.

2- may be simultaneous or at different times

3- a. admission of execution

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b. identity to be verified

c. in case of representative/assignee/ agent, right of such

person to appear

S.35 – Procedure on admission and denial of execution

Refusal of documents

S.71- Reasons for refusal to register to be recorded

*In Book No.2

* On the document - “Registration refused

5. Online Registration

Online Document Submission

Registrant public can submit document online to the concerned

registering officer visiting the website of IGR, Odisha (https://igrodisha.gov.in)

and clicking on “Online Property/Document Submission” to take prior

appointment (date & time) for presentation and registration of document.

Registering Officers are mandated to deliver the registered document on the

same day to the registrant public on demand who have submitted documents

online, made online payment of requisite fees and taken prior appointment

(date & time) in the respective sub-registrar office. (Ref: Pt1-RDM-Reg-Misc-

0004-2016-32412/R&DM dated 25-09-2017)

Online Encumbrance Certificate

Citizen can apply online and obtain digitally signed Encumbrance

Certificates visiting the website of IGR, Odisha (https://igrodisha.gov.in) and

clicking on “Online Encumbrance Certificate”. They can make payment of all

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applicable government dues and user fees through SBI e-facility of the Odisha

Treasury Portal.

Online Certified Copy

Citizen can apply online and obtain digitally signed Certified Copies

visiting the website of IGR, Odisha (https://igrodisha.gov.in) and clicking on

“Online Certified Copy”. They can make payment of all applicable government

dues and user fees through SBI e-facility of the Odisha Treasury Portal.

6. Cashless Transaction

Government. now emphasizes the registration through cashless mode.

The purpose of e-Registration can’t be achieved without promoting cashless

transaction. Government in amended. Registrant public shall use electronic

payment of the registration fees and fine using below web portals: Odisha

Treasury Portal (https://www.odishatreasury.gov.in Integrated Financial

Management System (IFMS) (https://www.ifmsodisha.gov.in)

Advantage of Odisha Treasury Portal

Facility for online generation of pre-filled electronic challan Payment

of dues may be made either online or offline.

Multiple mode of payment i.e. Net Banking, Debit Card, Payment over the

counter (Cash or Cheque or Demand Draft), Online printout of the challan,

Reprint of challan (Ref: Order No-18991-RDM-Reg-REGN-0013/2016-R&DM

dated 23-06-2016), Registration fee (including fines and user charges)

amounting fifteen thousands shall be collected in shape of Treasury Challan or

DemandDraft or Pay Order drawn on any Scheduled Bank or through any

electronic mode. (Ref: sub-rule (1) of Rule 159 of Odisha Registration Rules,

1988)

7. Mutation& e-Registration

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After completion of registration process, the Form-3 in e-

registration system is automatically transferred to LRMS server and available

to Tahasildar for initiation of suo-motto mutation cases in LRMS.

8. Monitoring

For prompt and hassle-free delivery of registration services in a

transparent manner, the registration offices need to be continuously and

systematically monitored.e-Registration has developed web-based online MPR

formats containing 16 parameters for monitoring of functioning of Registration

offices which is available at www.igrodisha.gov.in. Reports of registration office

are available online to all ADM-cum-DRs, Deputy lGRs, IGR and principal

Secretary, R&DM Department. Out of 16 parameters, 7 parameters (Sl No 1 to

7) will be automatically generated from the e-Registration application, whereas

the rest 9 parameter shall be entered through IGR web portal by the SR/DSR.

1. Registration of Document

2. Document Completed for Delivery

3. EC Delivery

4. CC Delivery

5. Form3 Delivery

6. Collection of Stamp Duty

7. Collection of Registration Fee

8. Audit Compliances

9. Disposal of Undervaluation Cases

10. Best Practices lntroduced

11. Target Achieved

12. Registration Counters

13. Correspondence made on Form3

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14. Working Status of lnfrastructure

15. Status of Unclaimed Documents

16. Right to lnformation

SL No. Name of service Given time limit

in days

1 Registration of documents 3

2 Issue of Encumbrance Certificate 7

3 Issue of Certified Copy of previously registered

documents

7

4 Registration along with issue of marriage

certificate under Spl. Marriage Act (where no

objection received)

40

5 Registration along with issue of marriage

certificate under Spl. Marriage Act (where

objection received)

70

6 Registration of Societies (where one district is

involved)

30

7 Registration of Societies where one district is

involved (State Level Society)

90

9. Constraints

i. IT Infrastructure & stable internet connectivity.

ii. Public awareness regarding online registration.

iii. Capacity building of registering officers/staffs.

iv. 100 percentage adaption of cashless transaction.

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10.Remarkable achievement-

Online transmission of Form no-3 to concerned Tahasils.

Mandatory mobile number entry so that the people can directly trace the

documents and delivery will be faster.

Installment of CCTV cameras in SR/DSR offices.

Cashless transaction of fees.

Registration under ORTPS rules.

10. Conclusion

Registering Officers are mandated to deliver the registered document on the

same day to the registrant public on demand who have submitted documents

online, made online payment of requisite fees and taken prior appointment

(date & time) in the respective sub-registrar office.The objective of the e-

Registration and other reforms taken in the field of registration can only be

fulfilled when the citizen register and get the delivery of the document within

the given time limit without involvement of middlemen. This can only be

achieved when public will be aware about different e-Governance initiatives of

the government. The success of revenue administration depends on the

updation of land records.

11.Bibliography

https://www.igrodisha.gov.in/

https://www.revenueodisha.gov.in/

https://www.odishatreasury.gov.in/

https://www.shcilestamp.com/

Letter No - 25606/R

&DM RDM-Reg-REGN-0015-2017 dated 02-08-2017 Letter No - RDM-Res-

REGN-0015-2017 - 13598/RDM dated 13th April 2018

Letter No - Pt1-RDM-Reg-Misc-0004-2016-32412/R

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