Revenue OfficeR s TRaining institute. Project

Transcription

1 Revenue OfficeR s TRaining institute Project on e-registration (Process of e-registration Presentation of documents up to delivery of registered document to registrant public) Submitted by Manoj Prabhakar Kujur, ORS Addl. Tahasildar, Polasara (UoT Addl. Tahasildar,Digapahandi) (20th Batch ORS Trainee)

2 Table of Contents 1. Introduction e-registration Features List of requisite documents for registration Procedure/ Steps for registration of a document Process Flow Online Registration Cashless Transaction e-stamping Odisha Treasury Portal Mutation& e-registration Monitoring Challenges Conclusion Reference Appendix-A: ORTPS Time Limit of Registration Services Table of Figures Figure 1: BMV, Registration & Stamp Duty Calculator... 4 Figure 2: Model Deed... 5 Figure 3: e-registration Process Flow... 7 Figure 4: Online Registration Services... 8 Figure 5: e-stamp Certificate... 9 Figure 6: e-stamping Website... 9 Figure 7: e-challan at Odisha Treasury Portal Page 1

3 1. Introduction Registration is a major public service delivered by the Revenue and Disaster Management Department, Government of Odisha. It includes registration of all types of instruments, registration of societies, partnership firms and administration of the duties related to stamp and stamp duty. State government have notified 16 (sixteen) registration services as public services u/s 3(1) of the Odisha Right to Public Services Act, 2012 vide Gazette Notification No dated Some of the important services include registration of property, issuance of Encumbrance Certificates / Certified Copies, Registration of Partnership Firms/ Societies, marriage registration, etc. As an e-governance initiative, Government has adopted e-registration (e-dharani) System in the state since in order to expedite the process of registration and to ensure efficient, hassle-free and timely delivery of registration services. 2. e-registration Features Market value configuration and automated property valuation Maintain all records in digital, compressed and encrypted form in a central repository SMS intimation to stake holders Integration with land record database (Bhulekh) Online issuance of Encumbrance Certificate (EC) and Certified Copy (CC) Online registration of partnership firm and society registration Online authentication with UIDAI and PAN database Automatic transmission of Form No-3 to concerned Tahasil office for intimation of mutation proceeding in LRMS SSL certification for secured data communication Payment gateway integration with SBI e-pay Aadhar through Odisha treasury portal Capture of digital photo and biometric fingerprints of the parties Central helpdesk and call management system 3. List of requisite documents for registration True copy of document to be registered. All documents relating to the ownership of the transacted sproperty. Record of Rights Interim Sale Deed etc. Page 2

4 Production of valid photo identity-proof card of all the executants, claimants and identifier (EPIC / Aadhaar / Driving License / Passport / PAN). s3 (three) passport size coloured photographs of all the executants and claimants. Copy of PAN Card of the executants and claimants (if the document is valued more than 10 (ten) lakhs. In absence of PAN card, Form No. 60 under IT Act duly filled in. Encumbrance Certificate from the date of publication of the RoR published by the Settlement / Consolidation Authorities up to the date of execution of the document. Declaration in Form A duly signed by transferor and transferee, if no building or structure exists on the transacted property. Declaration in Form B duly signed by transferor and transferee and structure report from executive/junior Engineer (R&B), If any house or structure exists on transacted property. In case of document is registered by an Attorney Holder Registered Power of Attorney Photo identity-proof card of the Attorney Holder Life certificate of the principal of the Power of Attorney Requisite permission from the Revenue Officer when the property is transferred by a SC/ST person in favour of a non- SC/ST person u/s-22 of Odisha Land Reform Act, Requisite permission or NOC issued by the Competent Authority of Endowments for transfer of property belonging to deity. Requisite permission from the competent consolidation authority when the consolidation land is fragmented. Legal heir certificate from the concerned tahsildar, if some of the recorded tenants are dead. 4. Procedure/ Steps for registration of a document 1. Ascertaining the market value of the transacted property from DSR/ SR office and from the website of IGR, Odisha. Page 3

5 Figure 1: BMV, Registration & Stamp Duty Calculator (Ref: 2. Payment of Stamp Duty: a. Through e-stamping (Refer Section 6.1 e-stamping for details) b. Use of electronic franking machine available in the registration offices. c. Use of Impressed Stamp Paper to be purchased from the Licensed Stamp Vendors/ Concerned Treasury or Sub-Treasury Office by depositing requisite amount. 3. Scribing of Deed: a. Scribing of the deed by the Executants and Claimants / by Deed Writers / Advocate. b. The model template deeds (Odia and English) available in the website of IGR, Odisha and R & D.M Department may be used for the purpose. Page 4

6 Figure 2: Model Deed (Ref: 4. Presentation of document along with its true copy before the Registering Officer by the party. (Ref: u/s-32 of Registration Act, 1908) 5. Checking of document by registering officer. a. Verify whether stamp duty is paid in full. b. Verify whether Record of Rights or intermittent registered deed is produced to establish the right, title & interest of the transferor on the property so transacted. c. Verify whether the property is free from any encumbrance. d. Verify whether requisite permission is granted by the Competent Authority of Endowments for transfer of property belonging to deity. e. Verify whether requisite permission from the Revenue Officer is taken when the property is transferred by a SC/ST person in favour of a non- SC/ST person u/s-22 of Odisha Land Reform Act, f. Verify whether requisite permission is granted by the competent consolidation authority when the consolidation land is fragmented. g. Verify whether all Legal heirs have executed the document as mentioned in the legal heir certificate received from the concerned tahsildar, if some of the recorded tenants are dead. h. Verify whether Life certificate of the principal of the Power of Attorney is attached. Page 5

7 i. Verify whether structure report from executive/junior Engineer (R&B) is attached & verify whether the latest guidelines on valuation of buildings and superstructure communicated by Chief Engineer (Building) is followed so as to prevent leakage of government money in terms of stamp duty & registration fee. j. Verify whether the instrument is not covered under section 22-A of Registration (Odisha Amendment) Act, k. Verify whether the real estate projects is registered with Odisha Real Estate Regulatory Authority under Real Estate (Regulation and Development)Act, 2016 and whether the provisions of the said act and the guidelines of Odisha Real Estate Regulatory Authority, Bhubaneswar is followed. (Ref: RDM-Reg-REGN /R&DM dated 17/01/2018) 6. Admission of document (Ref: u/r-29 of Orissa Registration Rule, 1988 & u/s-58 of Registration Act, 1908) 7. Generation of ID of the document. 8. Data entry of basic information of the document. a. Name & Address of the first party, second party and witnesses b. Land Schedule (Khata No., Plot No., Kisam, Area) c. Mode of Payment of Stamp Duty & Registration Fee 9. Collection of registration fees in the Registration Office. a. A registrant public may pay the registration fee and Speed post fee for delivery of RoR after correction of RoR by Tahasildar in cash or cashless mode. (Ref: RDM-Reg-EXINST-0001/2018/R&DM.) b. Government has facilitated payment of registration fee and fines both online and offline through Odisha Treasury Portal ( Citizen can make payment online either through Net Banking or Debit Card or offline through over the counter mode. Refer Section 6.2 Odisha Treasury Portal to know details about provisions of cashless transaction available for Registrant Public/Registering officer. Page 6

8 Refer Table of F ees under the Registration Act, 1908 for calculating Fees for registration of different documents. 10. Capture of biometric Photograph, thumb impression and signature of all parties and the ide ntifiers to the document through electr onic device. (Ref: Rule 60 & 66 of Orissa Regist ration Rules, 1988) 11. Approval/Rejectio n of document by SR/DSR 12. Printing endorsem ent on back side of the document 13. Signing of the endorsement by the registering officer in token of registration 14. Scanning & Uplo ading of documents 15. Delivery of docum ents 5. Process Flow Figure 3: e-registration Process Flow 6. Online Registration Online Document Submission Registrant public can submit document online to the concerned registering officer visiting the website of IGR, Odisha ( and clicking on Online Property/Document Submission to take prior appointment (date & time) for presentation and registration of document. Ashok Kumar Pradhan Addl. Ta hasildar, Polasara Page 7

9 Registering Officers are mandated to deliver the registered document on the same day to the registrant public on demand who have submitted documents online, made online payment of requisite fees and taken prior appointment (date & time) in the respective sub-registrar office. (Ref: Pt1-RDM-Reg-Misc /R&DM dated ) Online Encumbrance Certificate Citizen can apply online and obtain digitally signed Encumbrance Certificates visiting the website of IGR, Odisha ( and clicking on Online Encumbrance Certificate. They can make payment of all applicable government dues and user fees through SBI e-facility of the Odisha Treasury Portal. Online Certified Copy (Under Implementation) Citizen can apply online and obtain digitally signed Certified Copies visiting the website of IGR, Odisha ( and clicking on Online Certified Copy. They can make payment of all applicable government dues and user fees through SBI e-facility of the Odisha Treasury Portal. Figure 4: Online Registration Services (Ref: Page 8

10 7. Cashless Transaction The purpose of e-registration can t be achieved without promoting cashless transaction. In recent years, Government have taken initiatives like introduction of e-stamping, remittance of registration fee at Odisha Treasury Portal and amendment in Odisha Registration Rules, 1988 to promote cashless transaction. 7.1 e-stamping Figure 5: e-stamp Certificate e-stamping is a secured electronic way of stamping document by purchasing e-stamp certificate (Stamp of worth Rs 1000/ or more-) from:- Offices of StockHolding located anywhere in the state e-stamp counters established in the registration offices Authorized Collection Centre appointed by Central Record Keeping Agency (SHCIL) Authenticity of e-stamp certificates can be verified from the CRA website ( Figure 6: e-stamping Website Page 9

11 (Ref: Odisha Stamp (Payment of Duty by means of e-stamping) Rules, 2015) 7.2 Odisha Treasury Portal Registrant public shall use electronic payment of the registration fees and fine using below web portals: Odisha Treasury Portal ( Integrated Financial Management System (IFMS) ( Figure 7: e-challan at Odisha Treasury Portal (Ref: Advantage of Odisha Treasury Portal Facility for online generation of pre-filled electronic challan Payment of dues may be made either online or offline. Multiple mode of payment Net Banking Debit Card Payment over the counter (Cash or Cheque or Demand Draft) Online printout of the challan Reprint of challan (Ref: Order No RDM-Reg-REGN-0013/2016-R&DM dated ) Page 10

12 Registration fee (including fines and user charges) amounting fifteen thousand shall be collected in shape of Treasury Challan or Demand Draft or Pay Order drawn on any Scheduled Bank or through any electronic mode. (Ref: sub-rule (1) of Rule 159 of Odisha Registration Rules, 1988) 8. Mutation & e-registration After completion of registration process, the Form-3 in e-registration system is automatically transferred to LRMS server and available to Tahasildar for initiation of suo-motto mutation cases in LRMS. 9. Monitoring For prompt and hassle-free delivery of registration services in a transparent manner, the registration offices need to be continuously and systematically monitored. E-Registration has developed web-based online MPR formats containing 16 parameters for monitoring of functioning of Registration offices which is available at Reports of registration office are available online to all ADM-cum-DRs, Deputy lgrs, IGR and principal Secretary, R&DM Department. Out of 16 parameters, 7 parameters (Sl. No. 1 to 7) will be automatically generated from the e-registration application, whereas the rest 9 parameter shall be entered through IGR web portal by the SR/DSR. 1. Registration of Document 2. Document Completed For Delivery 3. EC Delivery 4. CC Delivery 5. Form-3 Delivery 6. Collection of Stamp Duty 7. Collection of Registration Fee and the Postal fee for RoR Delivery 8. Audit Compliances 9. Disposal of Undervaluation Cases 10. Best Practices Introduced 11. Target Achieved 12. Registration Counters 13. Correspondence made on Form Working Status of Infrastructure 15. Status of unclaimed Documents 16. Right to Information Page 11

13 10. Challenges IT Infrastructure& stable internet connectivity Public awareness regarding online registration Capacity building of registering officers/staffs Adaption of cashless transaction 11. Conclusion The objective of the e-registration and other reforms taken in the field of registration can only be fulfilled when the citizen register and get the delivery of the document within the given time limit without involvement of middlemen. This can only be achieved when public will be aware about different e- Governance initiatives of the government like online registration of documents, online issuance of encumbrance certificate/ certified copy & cashless transaction through e-stamping and Odisha Treasury Portal. To ensure prompt and quality service delivery, all registering offices in the state needs to be systematically monitored and appropriate action should be initiated against the registering officers who are not delivering services within ORTPS prescribed timeline. In the end, the success of revenue administration depends on the updation of land records. It also needs to be ensured that the Form-3 in e-registration system is automatically transferred to the LRMS server in due time and the purchaser get the RoR (Record-of-Rights) without delay. 12. Reference Registration Act,1908 Indian Stamp Act, Letter No /R&DM RDM-Reg-REGN dated Letter No - RDM-Res-REGN /RDM dated 13th April 2018 Letter No - Pt1-RDM-Reg-Misc /R&DM dated Odisha Gazette No RDM-Reg-EXINST-0001/2018/R&DM. Dtd Government Advertisement on Simplification of Property Registration Page 13

14 Appendix-A: ORTPS Time Limit of Registration Services Sl. Given Time Designated Appellate Revisional No. Name of the Service limit Officer Authority Authority Registration of documents 3 days DSR/SR DR-cum-ADM IGR 2 Issue of Encumbrance Certificate 7 days DSR/SR DR-cum-ADM IGR Issue of Certified Copy of 3 previously registered 7 days DSR/SR DR-cum-ADM IGR documents Registration along with issue of marriage 4 certificate under Spl. 40 days DSR/SR DR-cum-ADM IGR Marriage Act (where no objection received) Registration along with issue of marriage 5 certificate under Spl. 70 days DSR/SR DR-cum-ADM IGR Marriage Act (where objection received) Registration of Societies Addl. Land Registrar of Reforms 6 (where one district is 30 days IGR Societies Commission involved) (ADM) er Registration of Societies Member, where one district is Land Reforms 7 90 days IGR Board of involved (State Level Revenue Society) Certified copy of the 8 document filed u/s 89 of 7 Days DSR/ SR ADM-cum-DR IGR Registration Act, 1908 Registrar of Firm (IGR) or Member, Registration of Land Reforms 9 90 Days Officer Board of Partnership Firm delegated Revenue with power Registrar of Firm (IGR) or Member, Amendment of Registered Land Reforms Days Officer Board of Partnership Firms delegated Revenue with power Page 14

15 Registrar of Firm (IGR) or Member, Dissolution of Partnership Land Reforms Days Officer Board of firm delegated Revenue with power Member, Certified copy of Land Reforms 12 7 Days IGR Board of Certificate of Firm Revenue Addl. Land 13 Amendment of Registered Registrar of Reforms Society (District Level) 30 Days Societies IGR (ADM) Member, Amendment of Registered Land Reforms Days IGR Board of Society (State Level) Revenue Issue of certified copy of certificate of Society Registered, Certified Copy of Byelaws of Addl. Land 15 Society registered and Registrar of Reforms Certified 7 days Societies IGR Copy of Memorandum of (ADM) Society Registered within last ten years (District Level) Issue of certified copy of certificate of Society Registered, Certified Copy of Byelaws of Member, Society registered and Land Reforms 16 7 days IGR Board of Certified Copy of Memorandum of Revenue Society Registered within last ten years (State Level) (Ref: Page 15