REGISTRATION OF DEEDS
(VALIDATING) ACT, 2008 (1951 A.D.)
(Act No. VI of 2008)
THE JAMMU AND KASHMIR REGISTRATION OF DEEDS
(VALIDATING) ACT, 2008 (1951 A.D.).
(Act No. VI of 2008)
CONTENTS
Preamble
SECTION SECTION
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REGISTRATION OF DEEDS (VALIDATING) ACT, 2008 (1951 A. D.)
61
1. Short title and commence-
ment.
2. Validation of acts of regis-
tration purporting to have
been done by Subordinate
Judge, Baramulla, with
respect to certain documents.
3. Validation of the records of
the aforesaid registered
documents.
4. Protection for Subordinate
Judge.
5. Saving.
REGISTRATION OF DEEDS (VALIDATING) ACT, 2008 (1951 A. D.) 63
THE JAMMU AND KASHMIR REGISTRATION OF DEEDS
(VALIDATING) ACT, 2008 (1951 A.D.)
(Act No. VI of 2008)
[Promulgated by Shree Yuvraj under section 5 of the Jammu
and Kashmir Constitution Act, 1996 and published in the Government
Gazette dated 14th Bhadon, 2008].
An Act to validate registration and authentication of certain
documents by the Subordinate Judge, Sub-Registrar, Baramulla.
Whereas by Judicial Department Notification No. 81, dated 18th
Bhadon, 1971 published in the Government Gazette dated 6th Assuj,1971,
Munsiff, Baramulla, was appointed Sub-Registrar for the purpose of
registration of documents within his territorial jurisdication ;
And whereas by Judicial Department Notification published in
the Government Gazette dated 17th Jeth, 1973, ten Patwar Halqas
of Baramulla Tehsil, viz–
1. Sardapora Bejyara 2. Khasan Pat 3. Matti Pora 4. Hanjwatra
5. Qabza Malva 6. Kavsa 7. Magam 8. Ari Pathan 9. Pala Pora,
Baramulla 10. Ganshan.
were excluded from the territorial jurisdication of Munsiff, Baramulla,
and included in that of Munsiff, Srinagar, and from that date Munsiff,
Srinagar, and sometimes thereafter Sub-Registrar, Srinagar, was acting
as Sub-Registrar for these ten Patwar Halqas also ;
And whereas with effect from Ist Katik,1993, the post of
Munsiff, Baramulla was shifted to Sopore and a new post of
Subordinate Judge was established at Baramulla ;
And whereas the then Inspector General Of Registration (Sir
Bajor Dalal) conferred upon the Subordinate Judge, Baramulla powers
of a Sub-Registrar under section 6 of the Registration Act,1977, but
no notification was issued in the Government Gazette defining the
limits of his jurisdication as required under sub-section (2) of section
5 of the said Act ;
And whereas it has been found that both Subordinate Judge
REGISTRATION OF DEEDS (VALIDATING) ACT, 2008 (1951 A. D.) 64
Baramulla, and Sub-Registrar, Srinagar, have been exercising powers
of Sub-Registrar for the ten Patwar Halqas referred to above ;
And whereas a Division Bench of the High Court in Civil Appeal
No. 334 of 2002, Ali Malik Versus Shamboo Nath, held that the
Subordinate Judge, Baramulla, could not exercise powers of Sub-
Registrar for the ten Patwar Halqas referred to above ;
And whereas the Subordinate Judge, Baramulla, has been
exercising registration powers for those ten Patwar Halqas bona fide
believing that he has such jurisdiction ;
And whereas it is expedient that the registration of the docu-
ments registered by the Subordinate Judge, Baramulla, should be
validated to avoid complication that are likely to arise if no such
step is taken ;
Now, therefore, in exercise of the powers reserved under section
5 of the Jammu and Kashmir Constitution Act, 1996, read with the
proclamation issued by His Highness and published in the extraordinary
issue of the Government Gazette dated 7th Har, 2006 Yuvraj Shree
Karansingh Ji Bhadur is pleased to enact as follows :–
1. Short title and commencement.–(1) This Act may be called
the Registration of deeds (Validating) Act, 2008.
(2) It shall come into force from the date it is published in the
Government Gazette.
2. Validation of acts of registration purporting to have been
done by Subordinate Judge, Baramulla with respect to certain
documents.–All acts performed and documents registered by
Subordinate Judge, Baramulla as Sub-Registrar for the ten Patwar
Halqas specified in the preamble to this Act, during the period from
the first day of Katik 1993, up to the date of commencement of this
Act, shall be as valid and shall be deemed to have been as validity
done as if the Subordinate Judge, Baramulla was entitled to do so
in accordance with the law relating to registration in force during
the period specified.
3. Validation of the records of the aforesaid registered
REGISTRATION OF DEEDS (VALIDATING) ACT, 2008 (1951 A. D.) 65
documents.–In particular and without prejudice to the generality of
acts validated by the foregoing provision,–
(a) all entires and indexes relating to the documents registered
as aforesaid made in the register-books in the manner provided by
Part XI of the Jammu and Kashmir Registration Act, 1977, shall be
deemed to have been validly made ;
(b) All copies of such registered documents which have been
duly signed and sealed by the registering officer aforesaid in the
manner required by section 57 of the Jammu and Kashmir Registration
Act, 1977, shall be admissible for the purpose of proving the contents
of the original documents.
4. Protection for Subordinate Judge.–Notwithstanding anything
contained in any law to the contrary, the Subordinate Judge, Baramulla,
shall not be liable in any suit or proceeding for any claim for damages
or otherwise by reason of anything in good faith done or refused
by him in his official capacity as Sub-Registrar for the ten Patwar
Halqas specified in the preamble to this Act.
5. Saving.–Nothing contained in this Act shall affect the
decision of a Court of competent jurisdiction which has become final
before the commencement of this Act.
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