Circular No. 49263/C1/2018, Certified Copies from Damaged Volumes, 2018

What the circular governs

Circular No. 49263/C1/2018 of the Tamil Nadu Registration Department explains how registration offices must handle requests for certified copies when bound volumes containing registered document copies are damaged, deteriorated or unreadable. It refers to the permanent preservation of registered document books under the Registration Act, 1908, and the issue of certified copies after collection of the appropriate fee.

The circular was issued following proceedings in the Madras High Court concerning a copy requested from the Joint Sub Registrar No. 2, South Chennai. The registration officer had certified that the copy could not be supplied because the relevant document copy was completely damaged.

Who is affected

Circular No. 49263/C1/2018 affects:

• Anyone applying to a registration office for a certified copy of a registered document.
• Registration officers responsible for preserving document volumes and processing copy applications.
• District Registrars who inspect damaged volumes and authorise reconstruction or non-availability certification.
• Deputy Heads of the Registration Department who may receive reports seeking action against responsible officers.

Key requirements

• If a requested document is in a damaged volume, the registration officer must immediately report the matter to the District Registrar.
• The District Registrar must inspect the damaged volume and, where reconstruction is required, issue an immediate order for it.
• After authorisation, the document must be reconstructed and a certified copy supplied to the applicant.
• The inspection, authorisation, reconstruction and supply process must be completed within two weeks.
• A registration officer must not simply certify that a copy is unavailable because the volume is damaged.
• If a volume has been completely destroyed by flood, disturbance or another cause, the District Registrar must inspect it. Only after the District Registrar approves may the registration officer give the applicant a signed certificate stating the approved reason why the copy cannot be supplied.
• Registration officers must examine stored volumes without waiting for an application and obtain authority to reconstruct documents or volumes where necessary.
• A Sub Registrar taking charge of a new office must report damaged document copies and any need for reconstruction in the assumption of charge report.

Preservation and accountability

Circular No. 49263/C1/2018 states that protecting registered document volumes is a primary duty of registration officers. District Registrars must inspect their maintenance during annual inspections and report poor maintenance for appropriate action against the responsible officer.