Circular No. 25440/C1/2017, Filing and Scanning of Special Power of Attorney Copies

What the circular governs

Circular No. 25440/C1/2017, issued by the Head of the Tamil Nadu Registration Department on 20 September 2017, governs how a Special Power of Attorney produced during document registration must be preserved. The requirement applies whether the Special Power of Attorney is retained in the registration file or returned after use.

The procedure follows an order of the Tamil Nadu Information Commission. The Commission observed that preserving and scanning the authority document would help verify its authenticity if questions arose later.

Requirements during registration

Registration officers must advise the parties presenting a document to provide a photocopy of the Special Power of Attorney submitted with it. The following steps are required:

• The photocopy must be attached to the document being registered, like other supporting evidence.
• The photocopy must form part of the registered document for scanning.
• The procedure applies even if the Special Power of Attorney itself is to be returned.
• The procedure must be followed without exception from 25 September 2017.

The circular refers to an earlier Registration Department circular dated 25 April 2012. That guidance instructed registration officers to examine original prior documents, related revenue records and other evidence concerning the executant's rights over the property, preserve attested copies and scan them as part of the document.

Who is affected

Circular No. 25440/C1/2017 affects anyone presenting a property or other registrable document through a Special Power of Attorney. Such parties should be prepared to provide a photocopy for attachment and scanning.

Sub-Registrars and other registration officers are responsible for implementing the procedure. District Registrars, Assistant Inspectors General of Registration for the ranges and Deputy Inspectors General of Registration must monitor compliance during inspections.

Monitoring and consequences

District Registrars responsible for audit must check compliance in every case during inspection. Any violation found must be reported separately to higher officers.

The circular states that deficiencies may result in disciplinary action against the registration officer concerned and against supervising officers who failed to monitor compliance. Sub-Registrars and supervisory officers were also required to acknowledge receipt through the departmental hierarchy.