Strictly Private and Confidential Draft for discussion purposes ... - Delhi

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes OnlyDELHI SURVEY, REGISTRATION AND RECORDAL OF TITLE OF IMMOVABLEPROPERTIES IN URBAN AREAS ACT, 20092

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes OnlyINDEXCHAPTER I ...................................................................................................................... 8PRELIMINARY ............................................................................................................... 81. Short title, Extent, Commencement and Application....................................... 82. Definitions - In this Act, unless the context otherwise requires....................... 8CHAPTER II................................................................................................................... 10Delhi Survey, Registration and Recordal of Title of Immovable Properties in Urban AreasAuthority .......................................................................................................................... 103. Establishment of the Authority....................................................................... 104. Composition of Authority and Selection of chairperson etc. ......................... 115. Term and Conditions of Service..................................................................... 116. Resignation, disqualification etc. of chairperson and other members............ 117. Officers and other Employees of the Authority.............................................. 138. Appointment of Committees .......................................................................... 139. Meetings ......................................................................................................... 1310. Temporary association of persons .................................................................. 1411. Validation of acts and proceedings................................................................. 1412. Objects and Functions of the Authority ......................................................... 15CHAPTER III ................................................................................................................. 16FINANCE, ACCOUNTS AND AUDIT ........................................................................ 1613. Budget of the Authority and Grants from the Government............................ 1614. Constitution of Fund....................................................................................... 1615. Annual Report................................................................................................ 1716. Power of Authority to borrow on advance money ......................................... 1717. Accounts and Audit ........................................................................................ 1818. Provident fund: ................................................Error! Bookmark not defined.19. Powers of the Authority.................................................................................. 18CHAPTER IV ................................................................................................................. 19SURVEY.......................................................................................................................... 1920. Powers relating to Survey of Land ................................................................. 1921. Allotment of unique identification numbers and Recordal of Survey Details 2022. Information dissemination .......................................................................... 20Chapter V ........................................................................................................................ 21TRANSITION PERIOD AND PROVISIONAL TITLERECORD ........................... 2123. Transition Period, Updation of Survey Entry and Provisional Title Record.. 2124. Challenge and Challenge Period..................................................................... 2225. Conclusive Title Record ................................................................................. 22CHAPTER VI ................................................................................................................. 23COMPULSORY REGISTRATION ............................................................................. 2326. Compulsory registration and submission of information to the Authority. 2327. Duty to apply for registration ......................................................................... 2428. Effect of Registration, Non-Registration........................................................ 2429. Keeping of Registers in electronic form......................................................... 2430. Electronic registration and recording ............................................................. 2531. Applicants entitled to register......................................................................... 2532. Enquiry before registration............................................................................. 263

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only33. Reasons for refusal to register to be recorded ................................................ 2634. Powers of the Registrar................................................................................... 26CHAPTER VII................................................................................................................ 27REGISTER OF TITLES................................................................................................ 2735. Application of this Chapter..............................Error! Bookmark not defined.36. Contents and maintenance of the register of titles.......................................... 2737. Register of titles.............................................................................................. 2738. Operation and Maintenance of the register of titles ....................................... 2839. Rectification of entries in register of titles ..................................................... 2840. Duty of care .................................................................................................... 2841. Conclusive nature of entries relating to title in the register of titles............... 2842. Dispute resolution for titles entered in the register of titles ........................... 29CHAPTER VIII .............................................................................................................. 29REGISTRATION OF DISPUTES ................................................................................ 2943. Record of pending disputes in the register of titles ........................................ 29CHAPTER IX ................................................................................................................. 30Delhi Survey, Registration and Recordal of Title of Immovable Properties in Urban AreasTRIBUNAL ..................................................................................................................... 3044. Civil court not to have jurisdiction................................................................. 3045. Constitution of Tribunal ................................................................................. 3046. Powers of the Tribunal ................................................................................... 3148. Appeals against the orders of the Tribunal..................................................... 3249. Constitution of Appellate Tribunal................................................................. 3350 Power to review .............................................................................................. 3351. Powers of the Appellate Tribunal....................Error! Bookmark not defined.52. Power to punish for contempt......................................................................... 3453. Right to legal representation........................................................................... 3554. Appeal to Supreme Court ............................................................................... 3555. Indemnification or Rectification by the Tribunal ........................................... 35CHAPTER X ................................................................................................................... 36[56. Indemnity] ...................................................................................................... 3657. Amount of indemnity...................................................................................... 3758. Procedure for claiming indemnity .................................................................. 3859. Recovery of indemnity paid ........................................................................... 3860. Discrepancy regarding Survey, allocation of UIN and Recordal of Surveydetails ........................................................................................................................ 3861. Property Titles Indemnity Fund...................................................................... 38CHAPTER XI ................................................................................................................. 39ELECTRONIC TRANSACTIONS .............................................................................. 3962. Transfer only in electronic form..................................................................... 3963. Use of Biometric Authentication and such other methods of identification .. 3964. Digital Identification Number ........................................................................ 3965. Security Procedures ........................................................................................ 39CHAPTER XII................................................................................................................ 40PENALTIES.................................................................................................................... 4066. Penalty for incorrectly endorsing, copying etc. with intent to injure ............. 404

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only67. Penalty for making false statements, false copies or translations etc............. 4068. Registrar may commence prosecutions .......................................................... 4169. Registrar to be deemed public servants .......................................................... 41CHAPTER XIII .............................................................................................................. 41MISCELLANEOUS ..................................................................................................... 4170. Evidentiary value of electronic records under this Act .................................. 4171. Fees to be fixed by Government of the National Capital Territory of Delhi ...... 4172. Protection for Public Interest Disclosures ...................................................... 4273. Removal of Difficulties .................................................................................. 4274. Inspection of the Registers etc. ................................................................... 4275. Immunity for acts done in good faith or purporting to be so done................. 4376. Power of Government to make rules .............................................................. 4477. Amendment of relevant laws.......................................................................... 4478. Repeal and Savings......................................................................................... 45-------Schedule........................................................................................................... 45Schedule .................................................................................................................... 465

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes OnlyDELHI SURVEY, REGISTRATION, RECORDAL OF TITLE OF IMMOVABLEPROPERTIES IN URBAN AREASACT, 2009[ACT [•] of 2009]STATEMENT OF OBJECTS AND REASONSPresently in Delhi the transactions relating to immovable properties are recorded by multipleauthorities in physical form in the registers maintained by them. This has resulted in making titlesearch a cumbersome procedure. Moreover, the lack of conclusiveness of land titles has becomegrowth constraint for real estate development in India. Some steps to cure this situation havealready been initiated by introducing e-governance in immovable property record management inDelhi which, inter-alia, provides for on-line mutation of records.Considering the potential of the real estate development in India and especially in themetropolitan city of Delhi, it is strongly felt that electronic system of dealing with title records ofimmovable properties should be introduced. To further ensure efficient administration, it isnecessary to have a single repository for the maintenance of such records and to avoid multipleauthorities maintaining title record.To enable an effective system of titling of immovable properties, the register of titles should be acomplete and accurate reflection of the state of the title of the immovable property at any giventime, so that it is possible to investigate title to the immovable property, with the absoluteminimum additional inquiries and inspections.The Act would create a comprehensive framework in which it will be possible to record interestsin immovable properties by electronic means. The Act intends to create a register of titles whichgives a complete and accurate reflection of the state of title. One of the objectives of creating theregister of titles is that registration alone should record title.The objectives of the Authority proposed to be incorporated in this legislation are as summarizedhereunder:• To provide for a single, secure and efficient urban property registration and titlingauthority in the National Capital Territory of Delhi - the Delhi Survey, Registration andRecordal of Title of Immovable Properties in Urban Areas Authority.• To provide for a mechanism for ensuring that verified immovable property records in theNational Capital Territory of Delhi are recorded and registered in digital form.• To ensure that the information pertaining to the records maintained by the Delhi Survey,Registration, Recordal of Title of Immovable Properties in Urban Areas Authority isprotected from any unauthorised access and provide for the establishment of an efficientsecurity system for such purpose.• To provide for creation of a single and unique register of titles containing a record of allimmovable property in the National Capital Territory of Delhi.• To provide services relating to title search, map layout plans, etc.6

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes OnlyPREAMBLEAN ACT in public interest to provide for the establishment of the Delhi Survey, Registration,Recordal of Title of Immovable Properties in Urban Areas Authority, to administer and managethe same, conduct survey, register and record title, digitize records relating to immovableproperty, dematerialize such records, and for matters connected therewith or incidental thereto.Be it enacted by the Legislature of the National Capital Territory of Delhi in the Sixty-secondyear of the Republic of India as follows:7

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes OnlyCHAPTER IPRELIMINARY1. Short title, Extent, Commencement and Application(1) This Act may be called the Delhi Survey, Registration and Recordal of Title ofImmovable Properties in Urban Areas Act, [2009].(2) It shall extend to the urban areas of the National Capital Territory of Delhi as notified bygovernment of National Capital Territory of Delhi in the official gazette.(3) It shall come into force on such date as the government may, by notification appoint.Provided that provisions relating to the survey under Chapter IV shall come into forcewith effect from such date as the Authority may notify in this regard.(4) Nothing in this Act shall apply to any class of documents or transactions as may benotified by the government in the Official Gazette in this regard.2. Definitions - In this Act, unless the context otherwise requires“appellate tribunal” means the Delhi Survey, Registration and Recordal of Title ofImmovable Properties in Urban Areas Appellate Tribunal constituted under Section 49;“Authority” means the Delhi Survey, Registration and Recordal of Title of ImmovableProperties in Urban Areas Authority constituted under section3.“Authority fund” means the fund established under Section 14;“conclusive title record” means the conclusive proof of title to the immovable property asregistered and recorded under this Act.“decree” shall have the meaning assigned to it in the Code of Civil Procedure, 1908.“dematerialization” means the electronic keeping and maintaining of records.“designated officer” means a person notified for the purposes of this Act by theAuthority under Section 42.“division" and “sub division” respectively mean a division and sub-division in Delhi asnotified by government.“document” means any matter expressed or described upon any substance by means ofletters, figures or marks or in a dematerialized form or by more than one of those means,intended to be used, or which may be used, for the purpose of recording that matter.8

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only“funds” means the Authority Fund and/or properties title indemnity fund, as the contextmay require;“government” means the government of National Capital Territory of Delhi;“immovable property ” includes land, buildings, rights to ways [or any other benefit toarise out of land], and things attached to the earth, or permanently fastened to anythingwhich is attached to the earth, in the urban areas, but does not include plant andmachinery, standing timber, growing corps nor grass.“land” means land that is not let or held for agricultural purposes.“land registration office” means the registration office established by the Authorityunder Section 19 for each division and sub-divisions in the notified area.“lieutenant governor” means the lieutenant governor of the National Capital Territory ofDelhi;“mortgage” means mortgage as defined under the Transfer of Property Act, 1882.“notified” means notified in the official gazette and the word “notification” shall beconstrued accordingly.“notified area” means a division or sub-division (or areas and parts thereof) in theNational Capital Territory of Delhi notified under Chapter IV.“prescribed” means prescribed by rules made under this Act.“Properties Titles Indemnity Fund” means the indemnity fund constituted under Section61.“provisional title record” means a provisional registration and recordal of title in theregister of titles under the provisions of the Act during or upon the expiry of the transitionperiod.“public authority” means all offices of the National Capital Territory of Delhi, all localauthorities, all authorities constituted by or under any act of the Delhi State legislature forthe time being in force, such as a corporation, trust, society, any statutory or otherauthority, or any organization or body funded, owned and controlled by the government .“publish” means publication in the official gazette, or any other medium as prescribed.“record” includes any document, manuscript or file, electronic record, microfilm,microfiche and facsimile copy of a document; any reproduction of image or imagesembodied in such microfilm (whether enlarged or not); and any other material producedby a computer or by any other device, to be used or intended to be used for the purposesof this Act.9

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only“register of titles” means the register established and maintained in accordance with theprovisions of Chapter VI of this Act.“Registrar” means the registering officer appointed by the Authority under Section 19 tocarry out the functions of registering the immovable properties under this Act.“regulation” means the regulation framed under the Act by the Authority“rules” means the rules framed by the government under the Act .“section” means a section of this Act, unless otherwise specified.“survey” includes all operations incidental to the identification, measurement and recordof a boundary or boundaries or any part of a boundary of immovable property and alloperations antecedent thereto including systematic recordal of rights to and in theimmovable property and includes a resurvey of immovable property.“survey entry” has the meaning ascribed to the term in section 21 sub-section 3.“Survey Officer” means the officer, entity or agency appointed by the Authority underSection 20.“transition period” shall have the meaning ascribed to the term in sub-section (1) ofsection 23.“tribunal” means the delhi urban property registration and titling tribunal constitutedunder Section 45.“unregistered interest” means the unregistered interest provided in section 41 whichoverrides the title registered under this Act.“urban areas” shall have the meaning assigned to the term in Delhi MunicipalCorporation Act, 1957“urban land” means the land situated in urban areas.CHAPTER IITHE DELHI SURVEY, REGISTRATION AND RECORDAL OF TITLE OFIMMOVABLE PROPERTIES IN URBAN AREAS AUTHORITY3. Establishment of the Authority(1) With effect from such date as the government may, by notification specify, thegovernment shall establish, for the purposes of this Act, an Authority to be known as the“Delhi Survey, Registration and Recordal of Title of Immovable Properties in UrbanAreas Authority”.(2) The Authority shall be an autonomous statutory entity, as well as a local authority by thename aforesaid having common seal, with powers, subject to the provisions of this Act.10

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only(3) The head office of the Authority shall be at such place as the government may decidewithin National Capital Territory of Delhi.(4) The Authority may establish offices at other places in the National Capital Territory ofDelhi.4. Composition of Authority and Selection of Chairperson etc.(1) The Authority shall consist of a chairperson, and not less than [3] but not exceeding [5]members, as the government, may from time to time, by notification appoint. Providedthat at least two third of the members shall be official members serving in thegovernment and one such member should be member secretary of the Authority.(2) The chairperson and other members shall be whole-time members.(3) The chairperson and every other member shall possess such qualification as may beprescribed.Provided that no person shall be appointed as chairperson of the Delhi Urban PropertyRegistration And Titling Authority unless such person has held the post of secretary orany equivalent post to central government or in the government for a period of not lessthan two years. In exception circumstances, the government may, for such exceptionalreasons, relax the requirement of duration of two years by a period of one year.Provided further that before appointing any person as the chairperson or member, thegovernment shall satisfy itself that such person does not have any such financial or otherinterest as is likely to prejudicially affect his functions as such chairperson or member.(4) The chairperson and other members shall be appointed in the manner as may beprescribed .5. Term and Conditions of Service(1) The chairperson and every other member shall hold office for a term of [five] years fromthe date on which he enters upon his office and shall be eligible for reappointment:(2) The salary or honorarium and other allowances payable to, and the other terms andconditions of service, of the chairperson and other members, shall be such as may beprescribed.(3) The members shall hold office during the pleasure of the government6. Resignation, disqualification etc. of Chairperson and other Members(1) the chairperson or any other member may, by notice in writing under his hand addressedto the government, resign his office:11

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes OnlyProvided that the chairperson or a member shall, unless he is permitted by thegovernment to relinquish his office sooner, continue to hold office until the expiry ofthree months from the date of receipt of such notice or until a person duly appointed ashis successor enters upon his office or until the expiry of his term of office, whichever isthe earliest.Upon the resignation becoming effective as above, his office shall become vacant andmay be filled by appointment of a person possessing any of the qualifications mentionedin section4 sub-section (3) above in place of the person who has resigned:(2) Notwithstanding anything contained in sub-section (1), a persons shall not be capable ofbeing appointed as chairperson or member of the Authority, if he;—(a)(b)(c)(d)is, or at any time has been, adjudged as an insolvent; oris found to be of unsound mind by a court of competent jurisdiction; orhas been convicted by any court in India of an offence involving moralturpitude; oris physically incapable of acting as a chairperson or a member.(3) The office of chairperson or a member shall become vacant if, such officer:(a)(b)(c)(d)is adjudged as an insolventis found to be of unsound mind by a court of competent jurisdiction; oris convicted by any court in India of an offence involving moral turpitude; oris removedupon occurrence of any vacancy in the office of chairperson or a member, a newchairperson or member, as the case may be, shall be appointed by the government.(4) The government may, by order, remove the chairperson or any other member from hisoffice if he;(a)(b)(c)has engaged at any time, during his term of office, in any other paid employment,orhas so abused his position as a chairperson or member as to render hiscontinuance in the office detrimental to the interest of Authority or prejudicial tothe public interest; orhas, in the opinion of the government, become physically incapable of continuingin the office12

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only(d)without excuse, is absent for more than four consecutive meetings of theAuthority.(5) Notwithstanding anything contained in sub-section (4), no member shall be removedfrom his office on the ground specified in clause (b) or clause (c) of that subsectionunless the Lieutenant Governor, on his own motion or on a reference being made to it inthis behalf by the government, on an inquiry, has reported that the chairperson or anymember, ought on such ground or grounds to be removed.7. Officers and other Employees of the Authority(1) Subject to such control and restrictions, as may be prescribed, the Authority may appointsuch number of experts for technical and legal work, as may be necessary for the efficientperformance of its functions. Such experts shall be entitled to receive from the Authorityfunds such remuneration as may be prescribed.(2) The officers and other employees of the Authority shall discharge their functions underthe general superintendence of the chairperson and shall be subject to such restrictions,conditions and limitations, if any, as may be laid down by the Authority, and shall also besubject to its control and supervision.(3) The chairperson and members of the Authority, officers and other employees of theAuthority shall be deemed public servants within the meaning of Section 21 of IndianPenal Code, 1860 (45 of the 1860).8. Appointment of Committees(1) Subject to any rules made in this behalf, the Authority may, from time to time, appointone or more committees for the purpose of securing the efficient discharge of thefunctions of the Authority, consisting wholly of members of the Authority or wholly ofother persons or partly of members of the Authority and partly of the other persons andfor such purpose or purposes as it may think fit.(2) A committee constituted under this section shall meet at such time and place and shallobserve such rules of procedure in regard to the transaction of business at its meetings asmay be determined by regulations made in this behalf.(3) The members of a committee constituted under this section (other than persons being inthe employment of the government or the Central government including members of theAuthority) shall be paid such fees and allowances for attending its meetings and forattending to any other work of the Authority, as may be determined by regulations madein this behalf.9. Meetings13

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only(1) The Authority shall meet at such times and places and subject to the provisions of subsections(2) and (3) observe such rules of procedure in regard to the transaction of itsbusiness at such meetings as may be provided by regulations.(2) For the transaction of business at a meeting of the Authority, the quorum shall be onethirdof the number of members actually serving for the time being, provided however,the quorum shall necessarily require presence of chairman.Provided further, the Authority may delegate its day to day functioning (includingprocedural functions of the Authority) for the purposes of this Act to its officers, to whomthese quorum requirements shall not apply. Delegation by the Authority and the powersof the officers shall be as prescribed.(3) All matters in a meeting of the Authority shall be decided by a majority of votes of themembers present and voting and in the case of equality of votes, the member presidingshall have a second or casting vote.(4) Minutes shall be kept of the names of the members present and of proceedings at eachmeeting in a book to be kept for the purpose, which shall be signed at the next ensuingmeeting by the chairperson or member presiding at such meeting and shall be open toinspection by any member during office hours. The minutes of the meetings of theAuthority shall be made and kept by such person as may be authorized by the Authorityin this behalf.10. Temporary association of persons(1) The Authority or any committee appointed under section 8 may associate with itself insuch manner and for such purpose, as may be prescribed, any person whose assistance oradvice it may require in performing any of its functions under this Act.(2) Any person associated with it by the Authority under sub-section (1) for any purposeshall have a right to take part in the discussion of the Authority relevant to that purposebut shall not have a right to vote at a meeting.11. Validation of acts and proceedingsNo act done or proceedings taken under this Act shall be questioned on the groundmerely of:(a)(b)(c)the existence of any vacancy in, or any defect in the constitution of, theAuthority;the failure to serve a notice on any person where no substantial injustice hasresulted from such failure;any omission, defect or irregularity not affecting the merits of the case.14

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only12. Objects and Functions of the Delhi Urban Property Registration And TitlingAuthority(1) The functions of the Authority shall be to provide for creation of register of titles forimmovable properties, to provide a mechanism for recording in a digitized format ofdocuments, to ensure protection of the information relating to immovable propertyrecords and other related and incidental matters and for theses purposes, the Authorityshall have all the powers conferred to it under this Act, and under any other law that thegovernment may notify in the official gazette.(2) Without prejudice to the generality of sub-section (1), the Authority shall perform thefollowing functions in the manner prescribed(a)(b)survey of immovable property in the notified areasrecord and maintain survey entries of the immovable properties;(c) frame regulations under the Act(d) publish notifications as prescribed;(e) prepare, maintain and update the register of titles;(f) record any grant of urban land by the government;(g) record and maintain the record of rights and interests in the immovableproperties in the register of titles(h) record the registrations under Section 26(i) conduct inquiry for any purpose under this Act;(j) registration of disputes in respect of the immovable properties;(k) assign unique identification number 1 to immovable property, asprescribed ;(l) creation of centers to deliver services like title search, document issueservices, map layout plans, and such other documents and services asprescribed .(m) record any documents required to be registered under Section 26.(n) perform any other function as may be prescribed.Provided that the Authority may levy fees, as prescribed, for such services.(3) The Authority may, by notification, direct that any power exercisable by it under this Actexcept the power to make regulations may also be exercised by such officer (includingthe Registrar) or local authority or committee constituted for such purpose by theAuthority, in such cases and subject to such conditions, if any, as may be provided in theregulations.15

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes OnlyCHAPTER IIIFINANCE, ACCOUNTS AND AUDIT13. Budget of the Authority and Grants from the Government(1) In the first year of its establishment, the government may make to the Authority grants ofsuch sums of money as the government may think fit for being utilized for the purposesof this Act. Grants to the Authority by the government, from the year following its yearof establishment, shall be made in accordance with the budget prepared by the Authority.(2) The Authority shall prepare, in such form and at such time in each financial year as maybe prescribed, its budget for the next financial year, showing the estimated receipts andexpenditure of the Authority, and forward the same to the government. The governmentshall, after due appropriation made by law in this behalf, make to the Authority grants ofsuch sums of money for being utilized for the purposes of this Act.(3) The government shall create a corpus fund through grants in aid for purposes of assistingthe Authority in carrying out its functions under the Act.14. Constitution of Fund 2(1) There shall be constituted by the government a Delhi Survey, Registration and Recordalof Title of Immovable Properties in Urban Area Fund and a Property Titles IndemnityFund (as provided in section 62 and to be applied as specified in Chapter IX) and thereshall be credited to such funds in the proportion and to the extent determined by thegovernment —Act;(a)(b)(c)(d)all moneys received by the Authority from the government and the Centralgovernment by way of grants;all such fees received by the Authority for registration and recordal under thisall moneys received by the Authority in any other manner or from any othersource in relation to its functions hereunder;the interest accrued on the amounts referred to in clauses (a) to (c).(2) The Delhi Urban Property Registration and Titling Authority Fund shall be applied fordefraying—(a)the salaries and allowances payable to the chairperson and other members and theadministrative expenses including the salaries, allowances and pension payable tothe Registrar and officers and other employees of the Authority;2 Note to Draft: Rules to prescribe details.16

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only(b)(c)the expenses of the Authority in connection with the discharge of its functions,administration of this Act and for the purposes of this Act.other costs, rentals, expenditure for such other purposes as the government maydirect or permit.(3) The Authority shall keep its fund in any scheduled Bank. The said Delhi Urban PropertyRegistration and Titling Authority Fund shall be administered by a Committee appointedin this regard under section 8 in accordance with rules as may be prescribed in thisregard.(4) The Committee so appointed shall spend monies out of the Delhi Urban PropertyRegistration and Titling Authority Fund for carrying out the objects for which the Fundhas been constituted.15. Annual Report(1) The Authority shall prepare once in every year, in such form and at such time as may beprescribed, an annual report giving a true and full account of its activities during theprevious year and copies of the report shall be forwarded to the government.(2) A copy of the report received under sub-section (1) shall be laid, as soon as may be afterit is received, before the State Legislature.16. Inspection by GovernmentThe government may depute any officer to inspect or examine the office of the Authorityand to report thereon to the government and the officer so deputed may, for the purposesof such inspection call for any extract from any proceedings of the Authority or anyCommittee constituted under this Act, record correspondence, plan or other documentsand the Authority shall furnish the same.17. Returns and Information(1) The Authority shall furnish to the government such reports, returns, records and otherinformation as the government may, from time to time, require.(2) The Authority shall maintain proper accounts and other relevant records and prepare anannual statement of accounts including the balance sheet in such form as the governmentmay by rules prescribe.(3) The accounts of the Authority shall be subject to audit annually by the Comptroller andAuditor-General of India and any expenditure incurred by him in connection with suchaudit shall be payable by the Authority to the Comptroller and Auditor-General of India.(4) The Comptroller and Auditor General of India and any person appointed by him inconnection with the audit of accounts of the Authority shall have the same right, privilegeand authority in connection with such audit as the Comptroller and Auditor General of17

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes OnlyIndia has in connection with the audit of the government accounts and, in particular, shallhave right to demand the production of books, accounts, connected vouchers and otherdocuments and papers and to inspect the office of the Authority.(5) The accounts of the Authority as certified by the Comptroller and Auditor- General ofIndia or any other person appointed by him in this behalf together with the audit reportthereon shall be forwarded annually to the government.18. Accounts and Audit(1) The Authority shall maintain proper accounts and other relevant records and prepare anannual statement of accounts including the balance sheet in such form, as may beprescribed. Internal, statutory and propriety audit of the accounts maintained by theAuthority shall be carried out as prescribed.(2) The accounts of the Authority shall be subject to audit annually by the AccountantGeneral of the government and any expenditure incurred by him in connection with suchaudit shall be payable by the Authority to the Accountant General.(3) The Accounts of the Authority as certified by the Accountant General or any other personappointed by him in this behalf together with the audit report thereon shall be forwardedannually to the government.19. Powers of the Authority(1) Authority shall have the power to establish Land Registration Offices in the notifiedareas, for the purposes of maintaining and updating the register of title.(2) The Authority shall appoint Registrars and other officers for the Land RegistrationOffices in various divisions, sub-divisions in the National Capital Territory of Delhi tocarry out the functions of the Authority under this Act.Provided that the Authority shall have the power of posting the Registrars and otherofficers, at different offices of the Authority subject to supervision and control of thegovernment.(3) The Authority shall exercise general superintendence over all the Land RegistrationOffices, the Registrar and the Sub Registrar appointed for such offices.(4) The Authority may delegate its powers, subject to such conditions and limitations if any,as may be specified, to any member, officer or employee or other person selected by theAuthority, such powers and duties as it may deem necessary.18

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes OnlyCHAPTER IVSURVEY20. Powers relating to Survey of Immovable Properties(1) The Authority shall in a phased manner, if it so desires, by notification of specifieddivisions and subdivisions (or areas and parts thereof) in the official gazette, appointSurvey Officer to conduct survey of the immovable property in the notified areas in theNational Capital Territory of Delhi subject to approval of the government and in themanner prescribed.(2) The Survey Officer shall have all such powers as may be prescribed from time to time.The process of surveying immovable properties in the notified area shall be conducted bythe Survey Officer in the manner prescribed including but not limited to: publication of areasonable notice to the public as prescribed, regarding the conduct and timing of thesurvey of the immovable property in the notified areas.(3) The powers of the Survey Officer may include :a. the right to enter upon, survey and record and register details of the immovableproperty in such area including but not limited to examination, calculation ofboundaries of the immovable property;b. to do all other acts necessary to ascertain the details of all interests on theimmovable property and details of all the persons known or believed to beinterested in the immovable property;c. to survey measure and make maps as prescribed and as it deems fit.g. to do all other things necessary for the efficient implementation of the Act and allsuch matters as may be prescribed.(4) Power to require and enforce the making of statements as to names and interests:-(a)(b)The Survey Officer may also require any person with suitable information tomake or deliver to him, a statement containing so far as may be practicable, thename of every other person possessing any interest in the immovable property innotified area or any part thereof as co-proprietor, sub-proprietor, mortgagee,tenant or otherwise, and of the nature of such interest.Every person required to make or deliver a statement under this section shall bedeemed to be legally bound to do so within the meaning of sections 175 and 176of the Indian Penal Code.(5) Power to summon and enforce attendance of witnesses and production of documents:-For the purpose of Survey and any enquiries for the purposes of such Survey under thisAct the Survey Officer shall have power to summon and enforce the attendance ofwitnesses, including the parties interested or any of them, and to compel the productionof documents by the same means, and (so far as may be ) in the same manner, as isprovided in the case of a Civil Court under the Code of Civil Procedure, 1908 (5 of1908).19

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only(6) The Authority shall record the results of such survey in electronic form, as prescribed.The Authority and the Survey Officer shall complete the survey within a reasonableperiod of time after notification of a division or sub-division (or area or part thereof). Allinformation collected by and all statements caused to be made to the Survey Officer, shallbe for the sole limited purpose of providing unique identification numbers, and to recordthe nature of various interests with respect to such properties as set forth in Section 21.The Authority shall in accordance with section 21 sub-section (3), notify the completionof the recordal of the survey entries of all immovable properties in such notified area.21. Allotment of unique identification numbers and Recordal of Survey Details(1) Upon completion of the survey of the immovable properties in the notified area, theAuthority shall allot unique identification number to the immovable properties in thenotified area in the manner provided in the regulations. Upon allotment of a uniqueidentification number to an immovable property, it shall be the exclusive method ofidentifying that immovable property for the purposes of this Act.(2) In the event any immovable property sub-divided or partitioned, then each such subdivisionof such immovable property shall be allotted with a new unique identificationnumber in the manner provided in the regulations.(3) The Authority shall, after conducting the survey and investigation, maintain one singleregister of title with respect to such notified area and shall enter and record in the registerof titles, a survey entry with respect to each immovable property surveyed which shallindicate the survey results of the immovable property including boundaries, maps,disputes, ownership and various interests existing with respect to such immovableproperty, if any.Provided that upon completion of the recordal of survey entries, the Authority shall issuea notification in the official gazette declaring completion of the recordal of the surveyentries of all immovable properties in such notified area.(4) All entries in the register of titles maintained under this Act shall refer to the immovableproperty in its records, by its unique identification number.(5) A record of the allotment of unique identification numbers shall be maintained by theAuthority.22. Information disseminationThe Authority shall prior to and during the transition period and thereafter, take suitablemeasures, as may be prescribed, for creating awareness and imparting training to personsin the notified areas regarding the provisions of the Act, the procedure for recording oftitle thereunder.20

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes OnlyChapter VTRANSITION PERIOD AND PROVISIONAL TITLE RECORD23. Transition Period, Updation of Survey Entry and Provisional Title Record(1) Subject to notification of completion of recordal of the survey entry under section 21 subsection(3) with respect to a notified area and upto the expiry of 7 (seven) yearsthereafter, any person may apply to the Registrar in the manner prescribed for theupdation of the survey recordal made in the register of title and to record himself as theowner of the immovable property 3 or of any subsisting interest, relating to theimmovable property in the notified area;(2) The Registrar shall, upon examination of the documents placed on record by the applicantand other applicable procedures in the manner prescribed, take any of the followingactions:(a)(b)update the recordal made in the register of title in the manner prescribed andconvert the survey entry into provisional title record; orrefuse to update the register of title, if in the opinion of the Registrar, thedocuments placed on record by the applicant are insufficient or if the applicantdoes not satisfy any requirements as prescribed, to establish clear title of theapplicant and convey the refusal by means of an order and thereafter makenoting of the claim made by the applicant against the said survey entry.Provided that if the applicant fails to make an application to the Tribunal inaccordance with sub-section (3) or upon any such an application, the Tribunaldoes not admit the application within 60 days from the date of the filing, theRegistrar shall remove such noting and the survey entry shall remain unchanged.Provided further that where the Tribunal admits such an application, the surveyentry shall be subject to final adjudication by the Tribunal.(3) Any person aggrieved with the order of the Registrar passed under sub-section (2) ofsection 23 can oppose such order by filing an application as per Section 55, to theTribunal within 60 days of the order in the manner prescribed.(4) If no person approaches the Registrar for updation of the register of titles within thetransition period of seven years or where the survey entry remains unchanged as per subsection 23(2)(b) and the provisos thereunder, then the Registrar shall convert the surveyentry into the provisional title record with respect to the immovable properties, upon theexpiry of the said transition period of seven years. Provided that pending final3 Note to Draft: Rules to prescribe the requirements to be satisfied for the Registrar to update a surveyentry.21

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Onlyadjudication by the Tribunal, no survey entry shall be converted into a provisional titlerecord.(5) Provided further that the provisional title record in the register of titles shall be a primafacie evidence of ownership of the immovable property.24. Challenge and Challenge PeriodAny person claiming to be the bona fide owner of or having any other rights or interestsin such immovable property in a notified area may challenge, the provisional title recordcreated under section 23 sub-section (2) or section 23 sub-section (4), by an applicationfiled before the Tribunal, in the manner prescribed. Provided that the period available forsuch challenge shall commence from the date of the creation of the provisional titlerecord , till the expiry of the tenth year from the time of notification of such area undersub-section (1) of section 20 , subject to notification of completion of recordal of thesurvey entry under section 21 sub-section (3), with respect to the said notified area. 425. Conclusive Title RecordIf the provisional title record is not challenged within the challenge period providedunder section 23 or section 24 or the Tribunal on an application made to it under the saidsections passes final order declaring the title with respect to such immovable propertywithin the said challenge period, then the Registrar shall upon expiry of the challengeperiod, convert provisional title record into the conclusive title record or shall make thechanges in the entry in accordance with the final orders passed by Tribunal as the casemay be. Subject to Section 41, the provisional title record or the survey entry shall beconverted to a conclusive title record under this Act for the immovable property.Provided that no title to the immovable property shall be registered and recorded as aconclusive title record in respect of ownership of an immovable property, unless thetransition period and challenge period provided under section 23 and section 24 haveexpired and no dispute is pending with respect to the said immovable property andregistered in the register of title. However, pending such dispute the registered ownershall continue to have provisional title record with respect to such immovable property.Provided further that prior to the registration and recordal of a title as a conclusive titlerecord under this Act, the remedies available under law shall continue.]Provided also that, notwithstanding anything contained in this Act, the Registrar shall notrecord and register in favor of any person any immovable property, which constitutes:(a)(b)(c)immovable property notified for acquisition under the Land Acquisition Act,1894;public land;all such lands as notified by the government from time to time.4 Note to Draft: The procedure for updating or revision of a provisional title within the 7 year period, shallbe distinguished from the procedure prescribed by the rules for challenge under section 24 (to beadjudicated by the Tribunal) of the provisional title.22

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes OnlyCHAPTER VICOMPULSORY REGISTRATION26. Compulsory registration and submission of information to the Authority(1) Notwithstanding anything contained herein, subject to notification of completion ofrecordal of the survey entry under section 21 sub-section (3), all documents creating,assigning, declaring, limiting varying or extinguishing any interest relating to immovableproperty in the notified area, which are required to be registered under section 17 of theRegistration Act and the following documents shall be compulsorily registrable underthis Act within the time and in the manner prescribed:(a)(b)(c)(d)Memorandum recording creation of mortgage by deposit of title deeds;Memorandum recording family settlement involving immovable properties;The notices under Section 52 of the Transfer of Properties Act, 1882 (as amendedby this Act)Other documents as may be notified by the Authority from time to time.(2) Without prejudice to sub-section (1) above, all acts or transactions, creating, assigning,declaring, limiting, varying or extinguishing any interest relating to immovable propertyin the notified area, not required to be compulsorily registered under sub-section (1) maybe voluntarily registered, under this Act 5 and the same shall have priority over theunregistered acts or transactions.(3) All documents, executed prior to notification under Chapter IV, creating, assigning,declaring, limiting, varying or extinguishing any subsisting interest relating to animmovable property in the notified area which were compulsorily registrable undersection 17 of the Registration Act, 1908, shall be compulsorily registrable under this Actby the holder of such interest within the time and in the manner prescribed 6 .[AM Note: (i) Status of interests created on immovable properties by documents notcompulsorily registrable under section 17 and (ii) affect of non registration of documentsas per 26 above - to be discussed]5 Note to Draft: The register shall also maintain details of such transactions including status/duration/continuation thereof and procedure for discharge of interests, etc registered or recorded with respect to aproperty. Any updation or change with respect to an immovable property shall include issue of notice to allinterest holders reflected in the register.6 Note to Draft: The survey entry shall also reflect existing interests on the immovable property, howeverin case of any omission or inaccurate recordal of interest as per the survey entry – the interest holder shallbe required to compulsorily update the register within the transition period.23

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only(4) The registration fees in respect of the documents required to be registered pursuant tosection 26 (1) above, and the fees in respect of registering the acts and transactionvoluntarily registrable under section 26 sub-section (2) above, shall be as prescribed. 7 .27. Duty to apply for registration(1) If the requirement of registration applies under this Act, then application for registrationshall be made before the end of the prescribed period for registration to the LandRegistration Office within whose jurisdiction the immovable property is situated in themanner and the time prescribed .(2) The keeping of register of titles and the administration of immovable propertyregistration matters shall fall within the jurisdiction of the Land Registration Office of thearea where the immovable property in question is located. Provided that separate registerof titles shall be kept for each divisions and sub-division of Delhi.28. Effect of Registration, Non-Registration(1) Upon registration of transfer of ownership over immovable property under this Chapter,the person in whose favour the transfer is effected , shall subject to provisions of section41 and other provisions of this Act, be registered and recorded with the same title as heldby the person so transferring the ownership of the immovable property at the time of theregistration.(2) Notwithstanding any thing to the contrary provided in any other law, no documentcreating, assigning, declaring, limiting, varying or extinguishing any interest relating toimmovable property compulsorily required to be registered under section 26 sub-section(1) or (3) shall if not registered as required in this Act (a) affect any immovable propertycomprised therein; (b) confer any power to adopt; or (c) be received as evidence of anytransaction affecting such immovable property or conferring such power.8Provided that an unregistered document affecting immovable property and required bythis Act or the Transfer of Property Act, 1882, to be registered, may be received asevidence of a contract in a suit for specific performance under Chapter II of the SpecificRelief Act, 1877 or as evidence of any collateral transaction not required to be effectedby registered instrument.29. Keeping of Registers in electronic form(1) All registers to be maintained by the Authority, shall be maintained in electronic form, inthe manner and subject to safeguards provided in the regulations.7 Note to Draft: The applicable fees for registration of deeds and documents should be coterminous withexisting charges for registration under the Registration Act, 1908. Similar fees should also prescribed forrecording of deeds and documents pursuant to section 26 (2).8Note to Draft: The consequences of non-registration of any interest relating to immovable propertycompulsorily required to be registered under section 26 conferred under other laws in force needs to bediscussed.24

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only(2) The Authority may issue a notification to direct the use of only computerized titlerecords, from the date mentioned in such notification.30. Electronic registration and recording(1) The Registering Officer is not required to register any transaction, act or make anyrecording under this Act unless(a)(b)(c)the request for registration or recording, is in the prescribed form and contains allparticulars prescribedthe parties produce all documents and evidence in relation to a transaction asprescribed under this Act and the rulesthe Registrar has satisfied himself as regards the identity of the owner or interestholder of the immovable property through the Digital Identification Number orsuch other manner as may be prescribed by the Authority.31. Applicants entitled to register(1) All prescribed forms and documents relating to an act or transaction, required to beregistered under this Act, shall be presented at the notified Land Registration Office bythe following persons along with their Digital Identification Number obtained in themanner as prescribed under this Act:(a)(b)A person bona fide executing or claiming under such transaction, or, under aclaim pursuant to a decree or order relating to such transaction, orBy the agent of such person, representative or assign, duly authorized by powerof-attorneyexecuted and authenticated.Explanation: For the purposes of this Act, a power of attorney duly executed inaccordance with the Powers-of-Attorney Act, 1882 (Act 2 of 1882) shall constitute dueauthorization to undertake all acts required by this Act, on behalf of the person executingthe power of attorney.Provided all Power of Attorney holders purporting to act in relation to immovableproperty registered under this Act, shall be required to undergo biometric identificationand register themselves with the Authority in the manner prescribed.(2) The application for registration of any transfer pertaining to immovable property acquiredthrough inheritance, shall be filed by a person entitled to the inheritance along withevidence of his ownership to the immovable property or document of ownership andevidence of inheritance25

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only32. Enquiry before registrationUpon recipe of the application under section 31, the registering officer shall:(a)(b)(c)(d)Enquire whether or not such transaction was executed by the persons by whom itpurports to have been executed;Follow the procedures for identification of the person in accordance with theprovisions prescribed in this regard, including through their Digital IdentificationNumber, or any other method that the Authority may prescribe in this regard.Request for evidence supporting or authenticating an electronic instrumentissue a notice to all persons having existing registered or recorded interest insuch property as reflected in the register of titles and provide all such persons areasonable opportunity of being heard. 933. Reasons for refusal to register to be recorded(1) Every Registrar refusing to register a transaction relating to immovable property requiredto be registered under this Act, except on the ground that the immovable property towhich it relates is not situated within his division or sub-division, shall make an order ofrefusal and record his reasons for such refusal and on application made by any personexecuting or claiming under the instrument, shall, without payment and delay, give him acopy of the reasons so recorded.(2) Where the Registrar refuses to order the document to be registered under section 33, anyperson claiming under such document, or his representative, assignee or agent, may,within thirty days after the making of the order of refusal, file an application with theTribunal seeking an order directing the document to be registered if it be duly presentedfor registration within thirty days after the passing of such order.34. Powers of the Registrar(1) Authority may delegate its functions and powers under this Act to the Registrar in themanner prescribed.(2) The Registrar shall have the power to summon any other person, who the registeringofficer believes has information relevant to the transaction to give statements or deliverany relevant document as may be necessary for registration under this Act.(3) The Registrar may, for the purpose of any enquiry, summon and enforce the attendanceof witness, and compel them to give evidence, as if he were a civil court, and he may alsodirect by whom the whole or any part of the costs of any such enquiry shall be paid, andsuch costs shall be recoverable as if they had been awarded in a suit under the Code ofCivil Procedure, 1908.9 Note to Draft: The notice shall give the recipient a chance of being heard by the Registrar, prior to anychange in the register.26

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes OnlyCHAPTER VIIREGISTER OF TITLES36. Contents and maintenance of the register of titles(1) The register of titles shall contain the particulars mentioned in sub-section (2) of section39.(2) The Authority shall, subsequent to any order, decree or judgment passed by Tribunal orAppellate Tribunal concerning any immovable property, alter, amend, modify and updatethe register of titles.(3) The government may make rules providing for:(a)(b)(c)the manner in which applications can be made to the Registrar for registration oftitle to or any interest on the immovable property under this Act;the duties of the Registrar upon submission of an application, including asregard:(i)(ii)the examination of title and supporting documentation, andthe entries to be made in the register of titles where such an application isapproved;the effect of any entry made in the register of titles in pursuance of such anapplication.37. Register of titles(1) After notification by the Authority in the official gazette regarding completion of therecordal of the survey entries of the immovable properties in a notified area, the registerof titles shall be recorded and maintained by the Authority. The Authority may designateofficer(s) for the creation, operation and maintenance of the register of titles.(2) With respect to each immovable property, the register of titles shall contain a propertysheet inter alia consisting of the following particulars:(a)(b)General description, map and locational details of the immovable property.A property sheet, which shall consist of five parts:(i)Part I: Descriptive data regarding the immovable property (UniqueIdentification Number, plot number, total area, built up and vacantarea,address, site area, undivided share, if any, in the land etc.);27

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only(ii)(iii)(iv)Part II: Detail of title (survey entry, provisional title record, conclusivetitle record), ownership and status thereofPart III: Details of transfer of the immovable property and pasttransactions, and details and status of interests over the immovableproperty.Part IV: Disputes pertaining to the immovable property pending with theTribunal or the Appellate Tribunal.(c) such other particulars as may be prescribed .(3) All persons are deemed to have notice of every entry in the register of titles.(4) Subject to the provisions of this Act, all documents, acts or transaction registered underthis Act relating to immovable property shall take effect against unregistered documents,acts or transactions.38. Operation and Maintenance of the register of titles(1) The particulars of existence of any rights over any immovable property as provided insection37 (2) shall be recorded in the register of titles, in the manner prescribed .(2) The method of operation and maintenance of the register of titles shall be prescribed39. Rectification of entries in register of titles(1) A person may make an application to the Registrar in the manner prescribed seekingdirection for minor rectification of the register of titles limited to correctingadministrative or procedural errors or omissions such as spelling mistakes.(2) government may frame rules to make provisions for the manner in which Registrar shallrectify the register of titles in the above situations.40. Duty of careThe Authority shall take all reasonable care to prepare and maintain the register of titlesas provided under the Act and the rules so as to accurately and completely reflect theownership and title to every immovable property, and such other rights or interests insuch immovable property.41. Conclusive nature of entries relating to title in the register of titles 10The conclusive title record shall be conclusive proof of title to the immovable propertysubject to the interests registered in the register of titles in respect of the immovable10 Note to Draft: Whether during the pendency of disputes, the erstwhile conclusive title would be converted into provisional title?28

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Onlyproperty and subject to unregistered interests not compulsorily registrable, including thefollowing:(a)(b)(c)(d)(e)license or a leasehold interest not compulsorily registrable;any other interest in the immovable property not compulsorily registrable underthis Act and not registered under this Act.statutory charges over the immovable property;mines and minerals; orright of a person in actual possession of the immovable propertyProvided that no title shall be registered and recorded as a conclusive title record inrespect of the immovable property which is the subject matter of dispute pending beforethe Tribunal or Appellate Tribunal and registered in the register of titles i .Provided further that the entry made in the register of titles shall have the effect from thedate of making application to the Registrar.42. Dispute resolution for titles entered in the register of titles(1) Any dispute involving question of law or fact or a mixed question of law and fact,pertaining to an entry in the register of titles, shall be instituted in the Tribunal.(2) All the disputes with respect to the immovable property in a notified area initiated beforeany civil courts or High Court in the National Capital Territory of Delhi in the originaljurisdiction, prior to the notification of the area shall be transferred to the Tribunal foradjudication in the manner prescribed. Further, all the disputes with respect to theimmovable property in a notified area initiated before the High Court in the NationalCapital Territory of Delhi in the appellate jurisdiction, prior to the notification of the areashall be transferred to the Appellate Tribunal for adjudication in the manner prescribed 11 .CHAPTER VIIIREGISTRATION OF DISPUTES43. Record of pending disputes in the register of titles11 Note to Draft: The disputes relating to immovable properties may be pending before the civil courtsoutside the State of Delhi. It is to be discussed as to how such cases shall be transferred to theTribunal/Appellate and be registered with the registry.29

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only(1) All disputes with respect to the immovable property in the notified area shall be recordedin the register of title in the manner prescribed . Provided that all the disputes withrespect to the ownership to or any interest over any immovable property pending beforeany court prior to the notification of the area shall be entered in the register of titles andno title shall be registered and recorded as a conclusive title record or deemed to havebeen registered and recorded to such immovable properties with respect to which disputeshave been so recorded, until such disputes are finally adjudicated.(2) Authority may prescribe the manner in which all such disputes shall be registered in theregister of titles.(3) Any entry in the register of titles, against which it is indicated that a dispute is pending,shall be entered along with the particulars of the dispute as prescribed which shall, interalia,include the following:(a) Details of the parties involved in the dispute,(b) Details of the forum where such dispute is pending, and(c) Details of attachments of property under court decrees, injunctions and orders of anycourt or statutory Authority.(d) Other particulars as prescribed in this regard.(4) On information submitted to the Authority under this part, appropriate changes shall bemade in the Registers.CHAPTER IXDelhi Urban Property Registration and Titling TRIBUNAL44. Civil court not to have jurisdiction(1) Save as otherwise provided in this Act, the Tribunal shall be the sole competent court inDelhi having jurisdiction to entertain any proceedings in respect of any matter under thisAct and to hear appeal against the order passed by Authority under this Act.(2) No civil court shall have jurisdiction to entertain any suit or proceeding in respect of anymatter which the Tribunal is empowered to determine by or under this Act and noinjunction shall be granted by any court or other authority in respect of any action takenor to be taken by the Tribunal in pursuance of any power conferred by or under this Act.45. Constitution of Tribunal(1) As soon as may be after the commencement of this Act, the government shall bynotification in the Official Gazette, constitute a Tribunal to be called the Delhi UrbanProperty Registration and Titling Tribunal.(2) The Tribunal shall exercise and discharge such powers and functions as may be conferredon it by or under this Act or any other law, and shall also exercise and discharge such30

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Onlyother powers and functions of the government under this Act or any other law as may beconferred on it by the government by notification in the Official Gazette under theprovisions of this Act.(3) The government shall vide notification provide for the composition, constitution of theTribunal, term, salary, vacancy and other particulars of the officers of such Tribunal, andall such other matters that the government deems fit and necessary for operation andfulfillment of the role of the Tribunal.46. Powers of the Tribunal(1) The Tribunal may, by order in writing, form one or more benches from among itsmembers and authorise each such bench to exercise and discharge such of the Tribunal'spowers and functions as may be specified in the order; and every order made or act doneby a bench in exercise of such powers or discharge of such functions shall be deemed tobe the order or act, as the case may be, of the Tribunal.(2) To the extent permissible, the Tribunal shall not be bound by the procedure laid down inthe Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles ofnatural justice and, subject to the other provisions of this Act and of any rules made bythe Central government, the tribunal and the appellate tribunal shall have power toregulate their own procedure.(3) The Tribunal shall have, for the purposes of discharging its functions under this Act, thesame powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of1908) while trying a suit in respect of the following matters, namely:-a. summoning and enforcing the attendance of any person and examining himon oath;b. requiring the discovery and production of documents;c. receiving evidence on affidavits;d. subject to the provisions of sections 123 and 124 of the Indian Evidence Act,1872 (1 of 1872), requisitioning any public record or document or copy ofsuch record or document from any office 12 ;e. issuing commissions for the examination of witnesses or documents;12 Note to Draft: Section 123 of the Indian Evidence Act, 1872 provides that no one shall be permitted to give any evidencederived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of thedepartment concerned, who shall give or withhold such permission as he thinks fit.Note to Draft: Section 124 of the Indian Evidence Act, 1872 provides that no public officer shall be compelled to disclosecommunications made to him in official confidence, when he considers that the public interest would suffer by the disclosure31

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Onlyf. any other matter which may be prescribed by the government.(4) Any order made by the Tribunal may be enforced by that Tribunal in the same manner asif it were a decree made by a court in a suit pending therein, and it shall be lawful for theTribunal to send in case of its inability to execute such order, to the court within the locallimits of whose jurisdiction, -(a) in the case of an order against a company, the registered office of the company issituate; or(b) in the case of an order against any other person, the person concerned voluntarilyresides or carries on business or personally works for gain.(5) The Delhi Urban Property Registration and Titling Tribunal may, after giving the partiesto any proceeding before it, an opportunity of being heard, pass such orders thereon as itthinks fit. The Tribunal shall send a copy of every order passed under this section to allthe parties concerned.Provided that the Delhi Urban Property Registration and Titling Tribunal may, at anytime within two years from the date of the order, with a view to rectifying any mistakeapparent from the record, amend any order passed by it, and shall make such amendmentif the mistake is brought to its notice by the parties.47. Appeals against the orders of the Delhi Urban Property Registration and TitlingTribunal(1) Any person aggrieved by an order or decision of the Tribunal may prefer an appeal to theAppellate Tribunal. Provided that any such appeal shall be filed within sixty days fromthe date of communication of the decision or order of the Tribunal to him on any questionof law arising out of such order:Provided that the Appellate Tribunal may, if it is satisfied that the appellant wasprevented by sufficient cause from filing the appeal within the said period, allow it to befiled within a further period not exceeding sixty days.(2) No appeal shall lie to the Appellate Tribunal from an order or decision made by theTribunal with the consent of parties.(3) On receipt of an appeal preferred under sub-section (1), the Appellate Tribunal shall,after giving parties to the appeal, an opportunity of being heard, pass such orders thereonas it thinks fit, confirming, modifying or setting aside the order appealed against.(4) The Appellate Tribunal shall send a copy of every order made by it to the Tribunal andparties to the appeal.32

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only(5) The appeal filed before the Appellate Tribunal under sub-section (1) shall be dealt withby it as expeditiously as possible and endeavour shall be made by it to dispose of theappeal finally within six months from the date of the receipt of the appeal.48. Constitution of Appellate Tribunal(1) The government shall, by notification in the Official Gazette, constitute with effect fromsuch date as may be specified therein, an Appellate Tribunal to be called the " DelhiUrban Property Registration and Titling Appellate Tribunal" consisting of such numberof members as may be prescribed, to be appointed by that government, for hearingappeals against the orders of the Tribunal under this Act.(2) The chairperson of the Appellate Tribunal shall be a person who is or has been a Judge ofthe Supreme Court or the Chief Justice of a High Court.(3) The government shall vide notification provide for the composition, constitution of theAppellate Tribunal, term, salary, vacancy and other particulars of the officers of suchAppellate Tribunal, and all such other matters that the government deems fit andnecessary for operation and fulfillment of the role of the Appellate Tribunal.49. Powers of the Appellate Tribunal(1) The Appellate Tribunal may, by order in writing, form one or more benches from amongits members and authorise each such bench to exercise and discharge such of theTribunal's powers and functions as may be specified in the order; and every order madeor act done by a bench in exercise of such powers or discharge of such functions shall bedeemed to be the order or act, as the case may be, of the Tribunal.(2) To the extent permissible, the Appellate Tribunal shall not be bound by the procedurelaid down in the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by theprinciples of natural justice and, subject to the other provisions of this Act and of anyrules made by the Central Government, the Appellate Tribunal and the AppellateAppellate Tribunal shall have power to regulate their own procedure.(3) The Appellate Tribunal shall have, for the purposes of discharging its functions under thisAct, the same powers as are vested in a civil court under the Code of Civil Procedure,1908 (5 of 1908) while trying a suit in respect of the following matters, namely:-a. summoning and enforcing the attendance of any person and examining himon oath;b. requiring the discovery and production of documents;c. receiving evidence on affidavits;d. subject to the provisions of sections 123 and 124 of the Indian Evidence Act,1872 (1 of 1872), requisitioning any public record or document or copy ofsuch record or document from any office;33

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Onlye. issuing commissions for the examination of witnesses or documents;f. reviewing its decisions;g. dismissing a representation for default or deciding it ex parte;h. setting aside any order of dismissal of any representation for default or anyorder passed by it ex parte; andi. any other matter which may be prescribed by the government.(4) Any order made by the Appellate Tribunal may be enforced by that Appellate Tribunal inthe same manner as if it were a decree made by a court in a suit pending therein, and itshall be lawful for the Appellate Tribunal to send in case of its inability to execute suchorder, to the court within the local limits of whose jurisdiction, -(a)(b)in the case of an order against a company, the registered office of the company issituate; orin the case of an order against any other person, the person concerned voluntarilyresides or carries on business or personally works for gain.(5) The Delhi Urban Property Registration and Titling Appellate Tribunal may, after givingthe parties to any proceeding before it, an opportunity of being heard, pass such ordersthereon as it thinks fit. The Appellate Tribunal shall send a copy of every order passedunder this section to all the parties concerned.Provided that the Delhi Urban Property Registration and Titling Appellate Tribunal may,at any time within two years from the date of the order, with a view to rectifying anymistake apparent from the record, amend any order passed by it, and shall make suchamendment if the mistake is brought to its notice by the parties.(6) The Appellate Tribunal shall have power to review its own orders.50. Power to punish for contemptThe Appellate Tribunal shall have the same jurisdiction, powers and authority in respectof contempt of itself as the High Court has and may exercise, for this purpose under theprovisions of the Contempt of Courts Act, 1971 (70 of 1971), shall have the effect subjectto modifications that-(a)(b)the reference therein to a High Court shall be construed as including a referenceto the Appellate Tribunal;the reference to Advocate-General in section 15 of the Contempt of Court Act,1971, shall be construed as a reference to such law officers as the governmentmay specify in this behalf.34

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only51. Right to legal representationThe applicant or the appellant may either appear in person or authorise one or morepersons, including but not limited to any legal practitioners or any officer to present his orits case before the Tribunal or the Appellate Tribunal, as the case may be.52. Appeal to Supreme CourtAny person aggrieved by any decision or order of the Appellate Tribunal may file anappeal to the Supreme Court within [ninety] days from the date of communication of thedecision or order of the Appellate Tribunal to him on any question of law arising out ofsuch decision or order:Provided that the Supreme Court may, if it is satisfied that the appellant was prevented bysufficient cause from filing the appeal within the said period, allow it to be filed within afurther period not exceeding sixty days.[AM NOTE: This issue has been parked.]53. Indemnification or Rectification by the Tribunal(1) Subject to the provisions of section 23, the Tribunal may on application by any person, (i)determine whether a right of indemnity has arisen under this Chapter or (ii) order therectification of the register of titles by directing that an entry therein relating to registeredimmovable property or a registered interest be removed or altered, or that an entryrelating to registered immovable property or a registered interest which has been omittedfrom the register of titles be entered therein, if the Tribunal is satisfied that the entry wasobtained, made or omitted, as the case may be, by or as a result of -[(a) the fraud, mistake or omission of any person; or(b) a void or voidable instrument.](2) No order may be made under subsection (1) so as to affect the title of a person whosename appears in the register and who has acquired the immovable property for valuableconsideration, unless the Tribunal is satisfied—(a)that the name of such person was entered in the register of titles by or directly asa result of the fraud, mistake or omission in question or the void or voidableinstrument in question, as the case may be; and(b) that -(i) in the case of fraud, the person so registered:(a)(b)(c)was a party to the fraud;had knowledge of the fraud at the time his name was so enteredin the register of titles; orhad, by his act or by lack of proper care, contributed to the fraud;35

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only(ii) in the case of a mistake or omission, the person -(a)(b)(c)caused the mistake or omission;had knowledge of the mistake or omission at the time his namewas so entered in the register of titles; orhad, by his act or by lack of proper care, substantiallycontributed to the mistake or omission; or(iii) in the case of a void or voidable instrument, the person -(a)(b)(c)caused the instrument to be void or voidable, as the case may be;had knowledge that the instrument was void or voidable, as thecase may be, at the time his name was so entered in the registerof titles; orhad, by his act or by lack of proper care, substantiallycontributed to making the instrument void or voidable, as thecase may be.(3) The Registrar shall give effect to an order made under subsection (1) in accordance withorder passed by the Tribunal.(4) The Tribunal may make such order as to the costs of proceedings under this section as tothe Tribunal appears just.(5) Any costs of proceedings awarded against the Registrar in any proceedings under thissection shall be paid out of the Property Titles Indemnity Fund.(6) For the purpose of subsection (2), a person who is in receipt of rents or profits, or whohas the right to receive rents or profits, in respect of the registered immovable propertyshall be treated as being in possession of the immovable property.(7) Notwithstanding anything contained in the Limitation Act, 1963, no application for therectification of the register of titles may be made under this section after the end of theperiod of 10 years from the date on which the entry in the register of titles in questionwas obtained, made or omitted, as the case may be.CHAPTER XINDEMNIFICATION[54. Indemnity](1) Subject to this Chapter, after title has been registered and recorded as a conclusive titlerecord, where the Tribunal does not pass an order for rectification of the register of titlesas per section 53(2) above, a person suffering a direct loss by reason of an entry in, or anentry omitted from, the register of titles shall be entitled to be indemnified by theAuthority in respect of that loss, in accordance with the rules and in the mannerprescribed.36

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only(2) No indemnity shall be payable under subsection (1) to a person who -(a)has himself caused or substantially contributed to the loss by his fraud ornegligence; or(b) derives title (otherwise than under a registered disposition made in good faith andfor valuable consideration) from a person who so caused or substantiallycontributed to the loss.[TBC whether wrongful registration of interests are also indemnified](3) For the avoidance of doubt, it is hereby declared that—(a)(b)(c)no indemnity shall be payable under subsection (1) in respect of any survey entryor provisional title record.indemnity is payable in accordance with the provisions of this Act only withrespect to the title recorded under this Act and no indemnity shall be payablewith respect to any interest of other interest holder in respect of the immovableproperty ; orno indemnity shall be payable under subsection (1) in respect of any fraud,mistake or omission in relation to immovable property which is not registeredimmovable property (including any lease to which the immovable property issubject), and whether or not the fraud, mistake or omission occurred before, on orafter the notification of this Act.(4) Subject to this Chapter, for the avoidance of doubt, it is hereby declared that where theregister of title is rectified under section 55, the registered owner of the immovableproperty who is deprived of the property in consequence of the rectification may make aclaim for indemnity.55. Amount of indemnity(1) The amount of any indemnity payable under section 56 shall not exceed, in respect ofeach entry referred to in that section in respect of which an indemnity is payable:(i)the [value calculated as per the notified circle rates] [AM Note: to be discussed]of the registered immovable property on the date on which such claim forindemnification is madeNotwithstanding anything contained in this Act, the aggregate amount payable by theAuthority towards all claims including indemnification, if any, with respect to animmovable property shall not exceed the notified circle rate as applicable at the time ofindemnification of such immovable property as determined at the time of the first claimfor indemnification.(2) The Authority may, by notice published in the Gazette, determine an amount for thepurposes of subsection (1) (ii).37

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only56. Procedure for claiming indemnityThe Tribunal shall if it determines under section 55 that a right of indemnification hasarisen under this Chapter, ascertain the amount of the indemnity payable by the Authorityin accordance with section 58 and award the indemnity together with reasonable costsand expenses as determined by the Tribunal.57. Recovery of indemnity paid(1) Where an indemnity is paid for a loss, the Authority shall be entitled to recover theamount paid from any persons who have caused or substantially contributed to the loss bytheir fraud, in proportion to their respective contributions to the loss as arrears of landrevenue or in any manner it may deem proper.(2) The Authority shall be entitled to enforce any express or implied covenant or other rightwhich the person who is indemnified would have been entitled to enforce in relation tothe matter in respect of which indemnity has been paid.(3) For the avoidance of doubt, it is hereby declared that subsections (1) and (2) shall notoperate to prevent a person to whom an indemnity has been paid from taking any legalproceedings or enforcing any right to recover any amount of damages that, he has notbeen able to recover from the Property Titles Indemnity Fund.58. Discrepancy regarding Survey, allocation of UIN and Recordal of Survey detailsAs between the government, the Authority, any person appointed by the Authority toconduct the survey and the owner of registered immovable property no claim toindemnity under this Part shall arise, and no legal proceedings in respect thereof shall becommenced or maintained, on account of -(a)any surplus or deficiency in the area or measurement of the immovable propertydisclosed by a survey (whether or not by an authorized land surveyor) showingan area or measurement differing from the area or measurement:(i)(ii)disclosed on any subsequent survey of the immovable property; orshown in the register of titles;(b)any details regarding the owner of the immovable property or interests on suchimmovable property disclosed to the survey or determined independently by theSurvey Officer.59. Property Titles Indemnity Fund(1) An indemnity fund, to be known as the Property Titles Indemnity Fund, shall beestablished for the purposes of this Chapter in accordance with the rules framed by thegovernment.38

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only(2) The amount of any indemnity awarded by Tribunal under this Chapter shall be paid outof the Property Titles Indemnity Fund.(3) The government shall as soon as may be reasonably feasible after the commencement ofthis Act provide for rules for the establishment of the Property Titles Indemnity Fund.60. Transfer only in electronic formCHAPTER XIELECTRONIC TRANSACTIONSThe government may, by notification in this regard, appoint a date from which, all rightsor interests relating to immovable property in notified areas, shall be executed only in theelectronic format in the manner prescribed under this Act.61. Use of Biometric Authentication and such other methods of identificationThe Authority shall provide for the compulsory use of biometric authentication, or anyother such method as prescribed, for authenticating the identity of any person, for thepurposes of any transaction or conveyance of any immovable property or part thereof,recorded in the register of titles.62. Digital Identification Number(1) The IRIS diagram and the number generated through the IRIS program, together shall beknown as the digital identification number and constitute proof of identity of a personunder this Act(2) The digital identification number required under this Act shall be generated by an agencyor agencies notified by the Authority for this purpose(3) Titleholders, right holders and power-of-attorney holders registered under this Act shallbe identified using the digital identification number(4) Any transfer which requires the presence of a witness shall require such person to possessa digital identification number(5) In exceptional cases, when a person is not able to give an IRIS diagram, the Authorityshall accept other forms of identification, as prescribed by it for this purpose.63. Security Procedures(1) The computer system of the Authority shall be a protected system for the purpose of theInformation Technology Act, 200039

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only(2) The Authority shall for the purposes of this Act prescribe appropriate systems of securityhaving due regard to prevailing commercial circumstances anda) the nature of transaction;b) the level of sophistication of the parties with reference to their technologicalcapacity;c) the volume of similar transactions engaged in by other parties;d) the availability of alternatives offered to but rejected by any party;e) the cost of alternative procedures;f) the procedures in general use for similar types of transactions orcommunications;Notwithstanding anything contained in this section the Authority shall be at a minimumgoverned by the Information Technology Security Guidelines contained in Schedule II tothe Information Technology (Certifying Authorities) Rules, 2000 of the InformationTechnology Act, 2000.CHAPTER XIIPENALTIES64. Penalty for incorrectly endorsing, copying etc. with intent to injureEvery Registrar appointed under this Act and every person employed in his office for thepurposes of this Act, who, being charged with the endorsing, copying, translating orregistering of any document presented or deposited under its provisions, endorses, copies,translates or registers such document in a manner which he knows or believes to beincorrect, intending thereby to cause or knowing it to be likely that he may thereby cause,injury, as defined in the Indian Penal Code (45 of 1860), to any person, shall bepunishable with imprisonment for a term which may extend to seven years, or with fineof Rs. [insert], or with both.65. Penalty for making false statements, false copies or translations etc.Whoever--(a) intentionally makes any false statement, whether on oath or not, and whether ithas been recorded or not, before any officer acting in execution of this Act, inany proceeding or enquiry under this Act; or(b)(c)(d)intentionally delivers to a Registrar a false copy or translation of a document, or afalse copy of a map or plan; orfalsely personates another, and in such assumed character presents any document,or makes any admission or statement, or causes any summons to be issued, ordoes any other act in any proceeding or enquiry under this Act; orabets anything made punishable by this Act,shall be punishable with imprisonment for a term which may extend to sevenyears, or with fine of Rupees two lakhs (Rs. 2,00,000), or with both.40

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only66. Registrar may commence prosecutions(1) A prosecution for any offence under this Act coming to the knowledge of a Registrar inhis official capacity in whose territories, divisions or sub-divisions, as the case may be,the offence has been committed may be commenced by or with the permission of theAuthority.(2) Offences punishable under this Act shall be triable by any Court or officer exercisingpowers not less than those of a Metropolitan Magistrate.67. Registrar to be deemed public servants(1) Every Registrar appointed under this Act shall be deemed to be a public servant withinthe meaning of the Indian Penal Code (45 of 1860).(2) Every person shall be legally bound to furnish information to such Registrar whenrequired by him to do so.(3) In section 228 of the Indian Penal Code (45 of 1860), the words "judicial proceeding"shall be deemed to include any proceeding under this Act.CHAPTER XIIIMISCELLANEOUS68. Evidentiary value of electronic records under this ActNotwithstanding anything contained in any other law for the time being in force, sections3, 17, 22A, 34, 35, 39, 47A, 59, 65B, 73A, 81A, 85 A, 85B, 85 C, 88A and 90, of theIndian Evidence Act, 1872 shall be applicable to all electronic records under this Act.69. Fees to be fixed by government(1) The government shall prepare a schedule of fees payable-(a)(b)(c)(d)for the registration of documents;for searching the registers;for making or granting copies of reasons, entries or documents, before, onor after registration;any other fees payable for such other matters as appear to the governmentnecessary to effect the purposes of this Act41

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only(2) A schedule of the fees so payable shall be published in the Official Gazette, and a copythereof in English and the vernacular language of the divisions and sub-division shall beopen to access to the public in every registration office.70. Protection for Public Interest DisclosuresA public servant who is in possession of information pertaining to serious wrongdoing byany individual or agency in the government, which might pose a serious and imminentthreat, to the safety or health of an individual or the public, or severely compromisepublic interest, or cause serious loss to the public exchequer, shall not be penalized in anyway for disclosing to the public such information supported by reasonable evidence.71. Removal of Difficulties(1) If any difficulty arises in giving effect to the provisions of this Act, the government may,by an order, published in the Official Gazette, make such provisions not inconsistent withthe provisions of this Act as appear to it, to be necessary or expedient for removal ofdifficulties(2) Every order made under this section shall be laid, as soon as may be after it is made,before the State Legislative Assembly.72. Inspection of the Registers etc.(1) Any person may, in accordance with regulations framed in this behalf under Section 75,inspect and make copies of, or of any part of-(a)(b)(c)the register of title,any document kept by the Registrar which is referred to in the register of title,any other document kept by the Registrar which relates to an application to him,or(2) The rights under subsection (1) is subject to rules which may, in particular-(a)(b)provide for exception to the right, andimpose conditions on its exercise, including conditions requiring the payment offees.Provided that the entries with respect to the Will maintained under this Act, shall not beopen to public inspection and no certified extracts may be given therefrom to any personother than the testator.(3) An official copy of, or of a part of:(a)(b)(c)the register of title,any document which is referred to in the register of title and kept by the Registrarany other document kept by the Registrar which relates to an application to him,or42

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Onlyshall be admissible as evidence, for the purpose of proving the contents of a transactionrelating to the immovable property comprised in the extract(3) Authority may frame regulations to make provision for the issue of official copeis andmay, in particular, make provisions about:(a)(b)(c)(d)the form of official copies,who may issue official copies,application for official copies, andthe conditions to be met by applicants for official copies, including the conditiosnrequiring the payment of fees.(4) Historical information(a)(b)(c)The Registrar may on application provide information about the histroy of aregistered title.The government may make provision for the manner in which such applicationcan be made.The Registrar may:(i) arrange for the provision of information about the history of registeredtitles, and(ii) authorize anyone who has the function of providing such information tohave access on such terms as the Registrar thinks fit to any relevantinformation kept by him.(5) Official Searches:Authority may frame regulations for official searches for the official searches of theregister of titles, and may, in particular, make provisions for:(a) the form of applications for searches,(b) Access to register based on unique identification number,(b) the manner in which such applications may be made,(c) any other relevant matter(6) Each recordal made in the register of titles shall be deemed to be a public notice.73 Authority may frame regulations to may make provision for:(a) the matters specified in Section 74(b) manner of convening meeting under Section 9(c)(d)manner of allotment of unique identification numbermaintenance of registers in electronic form74. Immunity for acts done in good faith or purporting to be so done43

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes OnlyNo legal proceedings or any other claim or action, shall lie against any person foranything done in good faith under this Act or the rules and regulations made thereunder.75. Power of government to make rules(1) The government may make rules to carry out the provisions of this Act.(2) In particular, and without prejudice to the generality of the foregoing powers, such rulesmay provide for the:(a) Manner of conducting survey and allotting unique identification number;(b) Manner of preparation, compilation, maintenance and amendment of the Registers,and prescribing the forms in which they are to be compiled or maintained, the placesat which, and the officer by whom Registers have to be maintained, and the officer bywhom the said entries are to be verified and amended:(c) Maintenance of other records, registers, accounts, maps and plans to be maintainedfor the purpose of this Act and the manner and forms in which they shall be preparedand maintained;(d) Inspection of the records, registers and documents maintained under this Act and thefees for the grant of copies thereof or extracts therefrom;(e) Procedure to be followed in making enquiries and hearing appeals under this Act.(f) Manner of transferring immovable property and any rights contained therein(g) Procedure for appointment of various officers under this Act(h) Salaries and terms of appointment of various officers under this Act(i) Method of inquiry by the designated officer before making entries in the register oftitles(j) Hearing of objections and public consultation(k) Publication of notices(l) Method for registration of Dispute(m) Issuance of notices(n) Use of biometric authentication or other identification(o) Registration of Charges, easementary rights and such other rights on the immovableproperty(p) Prescribing fines, penalties and other actions to implement the provisions of this Act(3) The government may, by notification, direct that any powers or functions exercisable byit under this Act, except the power to make rules, may also be exercised by such officeras may be mentioned therein, in such cases and subject to such conditions, if any, as maybe prescribed.76. Amendment of relevant laws(1) The Registration Act, 1908 shall be amended in the manner specified in Part I of theSchedule to this Act.(2) The Limitation Act, 1963 shall be amended in manner specified in Part I of the Scheduleto this Act.44

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only(3) The Transfer of Properties Act, 1882 shall be amended in manner specified in Part I ofthe Schedule to this Act.77. Repeal and Savings(1) For the removal of doubts, it is hereby stated that, in case of any inconsistency betweenthe provisions of this Act and any other act, the provisions of this Act shall prevail.(2) Notwithstanding anything contained in sub-section (1)(a)(b)All directives issued, before the commencement of this Act, by the governmentunder the enactments specified in the Schedule shall continue to apply for theperiod for which such directions were issued by the government.The government may, as and when considered necessary, by notification, amendthe Schedule.(3) Till the time an area in Delhi is notified for the purposes of registration of immovableproperties under this Act and a declaration under sub-section (3) of section 21 is madedeclaring completion of the survey, the existing deed registry system under theRegistration Act, 1908 shall continue to function in such areas. However, upondeclaration of completion of survey of a notified area as sub-section (3) of section 21,such notified area(s) would be governed by this Act and the deeds registry system shallstand abolished in respect of such notified areas. The Authority shall frame regulationsfor transfer of records to facilitate the functioning of the Land Registration Offices underthis Act.-------45

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes OnlyScheduleAmendments required in other ActsPART IAmendment to the Registration Act, 1908(1) Following new section 1a shall be inserted after section 1 of the Registration Act, 1908Section1a: Provided that with effect from such date as may be specified by thegovernment of National Capital Territory of Delhi in the official gazette, , allregistrations under section 17 of this Act for immovable properties in the notified areas inthe National Capital Territory of Delhi shall be effected solely as per the provisions of theDelhi Survey, Registration and Recordal of Title of Immovable Properties in UrbanAreas Act, 2009 .Explanation: For the purposes of this section the term “notified areas” shall have the meaningassigned to it under Delhi Survey, Registration and Recordal of Title of Immovable Properties inUrban Areas Act, 2009.PART IIAmendment to the Limitation Act, 1963(1) In the Schedule to the Limitation Act, 1963, the Period of Limitation in relation to item65 of the Act shall be amended to ‘ten years’.PART IIIAmendment to the Transfer of Properties Act, 1882(1) Section 52 shall be renumbered as sub-section (1) of the section, and(i)(ii)In sub-section (1) so renumbered after the word “question”, the words andfigures “if a notice of the pendency of such suit or proceeding is registered undersection 26 sub-section (1) of the Delhi Urban Property Registration and TitlingAuthority Act 2008 and after the word “property” where it occurs for the secondtime, the words “after the notice is so registered” shall be inserted, andafter the said sub-section (1) so renumbered the following sub-section shall beinserted, namely, -(2) Every notice of pendency of a suit or proceedings referred to in sub-section (1) shallcontain such particulars as may be prescribed.For any comments on the DELHI SURVEY, REGISTRATION AND RECORDALOF TITLE OF IMMOVABLE PROPERTIES IN URBAN AREAS ACT, 2009 mail toComment_revenue@ymail.comi Note to Draft This will include the disputes transferred from the district courts to the Tribunal46

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only47