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Registration

          The objective and purpose of the Registration Act is to provide a method to public, registration of documents so as to give information to people regarding legal rights and obligations attaching or affecting a particulars property and to perpetuate documents which may afterwards be of importance and also to prevent fraud. The Act, unlike the Transfer of Property Act, strikes only at documents and not transactions; it enacts that where document is employed to effectuate any of the transactions specified in Section-17 of the Registration Act, such document must be registered. The documents which are compulsorily register-able have been enumerated in Section 17 of the Registration Act and as such Section- 18 of said Act enumerates documents which is optional for registration.

About IGR - Activities

          A) Present System:

          In Himachal Pradesh, no separate Agency has been created to carry out the provisions of the Registration Act. The following officers have been assigned various duties under the Act in Himachal Pradesh:-

1 Inspector General of Registration   Director of Land Records Himachal Pradesh, Shimla functions as Ex-officio Inspector General of Registration in the State.
2 Registrar   All the Deputy Commissioners in the State function as Ex-officio Registrars.
3 Inspector of Registration (i) The Additional/ Joint/Deputy Director of Land Records functions as Ex-officio Inspector of Registration in the State.
    (ii) All the Sub-Divisional Officer (Civil) in the State function as Ex-officio Inspectors of Registration within their respective jurisdiction.
4 Sub-Registrar (i) Tehsildars in the Tehsils function as Ex-officio Sub- Registrars.
    (ii) Naib-Tehsildars in the independent Sub-Tehsils also function as Ex-officio Sub-Registrar.
5 Joint Sub-Registrar   Naib-Tehsildars, appointed in the Tehsil Offices function as Ex-officio Joint Sub-Registrars.

          B) Establishment for Inspector General of Registration:-:

          At the State Headquarter, no staff has been provided under the Registration Scheme. The Director of Land Records has assigned the work of Registration Agency to some of the staff members of his establishment.

          C) Establishment for Registrars and Sub-Registrars:-:

          No Permanent establishment for the offices of Registrars and Sub-Registrars has been provided. Generally the Readers of the Deputy Commissioners have been assigned the work of Head Registration Clerks at Distt. Headquarters. As such, the clerks of the cadre of the district establishment have temporarily been provided to Sub-Registrars as Registration Clerks.

About IGR - Offices of Registrars and Sub-Registrars

          The State of Himachal Pradesh has established the offices of Registrars at Distt. Head Quarters and the offices of Sub-Registrars at Tehsil/Sub-Tehsils level. There are 12 Registrars and 116 Sub-Registrars in the State(up to 31.8.2007).

          The list of Registrars/Sub-Registrars offices in the State of Himachal Pradesh is as under:-

Registrars Sub-Registrars
District BILASPUR
Bilaspur           1. Bilaspur
          2. Ghumarwin
          3. Jhanduta
          4. Naina Devi Ji at Swarghat
          5. Bharari
          6. Namhol
District CHAMBA
Chamba           1. Chamba
          2. Churah(Tissa) at Bhanjraru
          3. Saluni
          4. Bharmaur
          5. Bhattiyat at Chuvari
          6. Pangi at Kilar
          7. Dalhousie
          8. Bhalai at Brangal
          9. Holi
          10.Sihunta
District HAMIRPUR
Hamirpur           1. Hamirpur
          2. Bhuranj
          3. Nadaun
          4. Barsar
          5. Sujanpur
          6. Dhatwal at Bijhri
          7. Galore
District KINNAUR
Kinnaur at Rekong-Peo           1. Kalpa
          2. Nichar
          3. Sangla
          4. Pooh
          5. Moorang
          6. Hangrang at ngthung
District KANGRA
Kangra at Dharamsala           1. Kangra
          2. Baroh
          3. Palampur
          4. Bajnath
          5. Jaisingpur
          6. Dehra
          7. Khundia
          8. Jaswan at Kasbba-Kotla
          9. Nurpur
          10.Jawali
          11.Indora
          12.Dharamsala
          13.Shahpur
          14.Fethapur
          15.Jawalamukhi
          16.Rakkar
          17.Harchakian
          18.Thural
          19.Dheera
          20.Multhan
          21.Nagrota Bagwan
District KULLU
Kullu           1. Kullu
          2. Banjar
          3. Nirmand
          4. Manali
          5. Sainj
          6. Ani
District LAHUAL-SPITI
Lahual Spiti at Keylong           1. Keylong
          2. Kaza
          3. Udaypur
District MANDI
Mandi           1. Mandi
          2. Joginder Nagar
          3. Sunder Nagar
          4. Sarkaghat
          5. Karsog
          6. Chachiot at Gohar
          7. Thunag
          8. Paddar
          9. Lad-Bharol
          10.Kotli
          11.Aut
          12.Nihri
          13.Baldwara
          14.Sandhol
          15.Dharampur
          16.Balichowki
          17.Bhadrota at Dopi
District SHIMLA
Shimla           1. Shimla (R)
          2. Shimla(U)
          3. Theog
          4. Sunni
          5. Kotkhai
          6. Rohru
          7. Chirgaon
          8. Jubbal
          9. Rampur
          10.Kumarsain
          11.Chopal
          12.Dodrakawar
          13.Junga
          14.Tikkar
          15.Nankhari
          16.Nerva
          17.Cheta at Kupvi
District SOLAN
Solan           1. Solan
          2. Kasauli
          3. Arki
          4. Kandaghat
          5. Nalagarh
          6. Krishangarh
          7. Ramshahar
          8. Darlaghat
District SIRMAUR
Sirmaur at Nahan           1. Nahan
          2. Renuka at Sangrah
          3. Paunta-Sahib
          4. Shillai
          5. Rajgarh
          6. Pachad at Saranh
          7. Dadahu
          8. Naura Dhar
          9. Kamrau
          10.Ronhat
District UNA
Una           1. Una
          2. Bangana
          3. Amb
          4. Haroli
          5. Bharwain
Total Registrar = 12
Total Sub-Registrar = 116
Total Unit 128
About IGR - Revenue Generated (Income from Stamp Duty & Registration Fees)
Sr.No Year Income from Total
Stamp Duty Registration Fees
1 1995-1996 106784902 15945670 122730572
2 1996-1997 129243856 22148640 151392496
3 1997-1998 151470833 11311971 162782804
4 1998-1999 179897263 36342634 216239897
5 1999-2000 211856275 44217690 256073965
6 2000-2001 245448000 46752000 292200000
7 2001-2002 283236000 59496000 342732000
8 2002-2003 315013000 58967000 373980000
9 2003-2004 446668000 77020000 523688000
10 2004-2005 629946000 123498000 753444000
11 2005-2006 675049000 149285337 824334337
12 2006-2007 552694468 165000000 717694468
Total 3927307597 809984942 4737292539
List of related Acts, Rules and Important Notification
Sr.No Short Title  Status
1 The Indian Stamp Act, 1899. Available at page No. 715 of H.P. Land Code.
2 The Indian Stamp (H.P. Amendment) Act, 1952. Available at page No. 735 of H.P. Land Code.
3 The Indian Stamp (H.P. Amendment) Act, 1969 with Schedule I-A containing the rates of Stamp Duty chargeable on certain instruments. Available at page No. 738 of H.P. Land Code.
4 The H.P. Govt. Notifications issued under Section 9 of Indian Stamp Act, 1899 regarding exemption from the payment of Stamp Duty. Available at page No. 757 of H.P. Land Code.
5 The H.P. Stamp Rules, 1973. Available at page No. 763 of H.P. Land Code.
6 The H.P. Stamp(Prevention of Undervaluation of Instruments) Rules, 1992 Copy annexed at Appendix-A
7 The Registration Act, 1908. Available at page No. 779 of H.P. Land Code.
8 The Registration Act, 1908(H.P. Amendment Act, 1968). Available at page No. 798 of above Code.
9 Notifications issued under Registration Act, 1908. Available at page No. 799 of H.P. Land Code.
10 Registration Manual. Available at page No. 801 of H.P. Land Code.
11 The table of Registration Fee including the Notifications issued under Section 80 of Registration Act, 1908 regarding exemption from the payment of Registration Fees. Available at page No. 843 of H.P. Land Code and the amended copy of Article-I of the Table of Registration Fees is annexed at Appendix-B.
12 H.P. Document Writers Licensing Rules, 1971. Available at page No. 850 of H.P. Land Code.
13 Section 118 of H.P. Tenancy and Land Reforms Act, 1972. Amended copy of extract is annexed at Appendix-C.
14 The Transfer of Property Act, 1882. Available at page No. 641 of H.P. Land Code.
15 Sub-Section (1)(c) of Section 84 of the H.P. Municipal Corporation Act, 1994 and Sub-Section (b) of Section 65 H.P. Municipal Act, 1994. Extracts are annexed at Appendix-D & E.
16 Notifications issued under Section 66 of H.P. Municipal Act, 1994 regarding specification of rates of duty leviable by the Municipality on transfer of immoveable property. Copy annexed at Appendix-F.
Registration - Procedure

          A) Place for registering the document:-

          Every document mentioned in Section-17 and Section-18 of the Registration Act, 1908 is presented for registration only in the offices of Sub-Registrars within whose sub-district (Tehsil & Sub-Tehsil), the whole or portion of the property is situated. Whereas, the instruments of wills, authorities to adopt and Power of Attorney can be registered in any Registering Office.

          B) Registration by Registrar in certain cases:-

          Registrar has the discretion to receive and register any document which might be registered by any Sub-Registrar subordinate to him. Besides, the Sealed Cover will can only be deposited in the office of any Registrar by the testator either personally or by a duly authorized agent.

          C) Registration at private residence:-

          In ordinary cases, document must be presented and registered at the registration office, but on special cause being shown; or in the case of any person who by reason of badly infirmity is unable without risk of serious inconvenience to appear at the registration office; or a person in jail under civil or criminal process; or persons exempted by law from personal appearance in court, the registering officer may proceed to the private residence of the person or to the jail in which he is confined, as the case may be and accept the document for registration. The registering officer will be issued a commission or allowance for such visits.

          Person by whom documents can be written:-

          The document which has been written by a Licensed Document Writer, or by the Legal Practitioners; or by executants himself is accepted for registration.

Registration - Rates of Stamp Duty & Registration Fees

          At present the rates of the Stamp Duty in respect of Sale, Gift and Mortgage with possession are 5% of market value of the property or consideration amount, whichever is higher. These rates has been reduced from 8% to 5% w.e.f. 10-4-2007 vide notification No. Revenue-stamp (F)1-1/2005. As such, the rates of Registration fees are 2% of the above amount subject to the minimum of Rs. 5.00 and maximum limit of the Registration Fees has been fixed Rs. 25,000/ vide notification No. Rev.1-9(stamps)3/79 dated 13-4-1999.

          Recently, the Government has formulated the District level Market Valuation Committee for assess the real value of the property and fixed the rates for one Calendar Year.

          The rates of Stamp Duty chargeable in all other documents have been provided in Schedule I-A of the Indian Stamp Act, 1899 which is available at page 783 of H.P. Land Code. As such the rates of Registration Fees are available in the Table of Registration Fee at page 843 of Code ibid.

          Fee for document written by Document Writers:-

          The document writer cannot charge the fees for writing any document in excess of these mentioned below and is bound to issue the proper receipt for the amount of fee received by him for writing any document.

Sr.No Natue of Document  Aproved Scale
1 An application for copy inspection or search or other simple application One Rupee
2 An application for the issue of process. One Rupee
3 An application for the extension of period under Section 25 and Section 34 of the Registration Act. Two Rupees
4 An appeal under section 72 of the Act ibid. Two Rupees
5 A document in which the value of the property or the amount of consideration is specified as: Original Copy
1 to 1000 Four Rupees Two Rupees
1000 to 10000 Eight Rupees Two Rupees
10000 to 20000 Twelve Rupees Two Rupees
20000 to 50000 Sixteen Rupees Two Rupees
50000 and Above Twenty Rupees Two Rupees
6 A document certifying or amending a previously registered document Two Rupees
7 A special power of attorney Two Rupees
8 An agreement Two Rupees
9 A counterpart or duplicate drawn up under Article 25 of Schedule I-A of the Indian Stamp Act, 1899. Two Rupees
10 A consent deed without consideration Five Rupees
11 Will, authority to adopt, adoption deed general of attorney or divorce deed. Ten Rupees
12 A document in which no value or amount of consideration is given Ten Rupees
13 A document for which no scale has been prescribed above Five Rupees
Computerization - Era of Computerization

          In the present Era of Information Technology, the Government of Himachal Pradesh is also implementing the computerization process for registering of documents. Software known as HimRis (Himachal Registration Information System) has been developed for Registration process, which is being implemented in 57 Tehsils of the state. Efforts are on to implement this software in remaining Tehsils of the Pradesh.

Computerization - Service Charges

          As per the practice in other states, the Service Charges have been proposed in the state of H.P. to maintain the system infrastructure and to take care of operating expenses, where the computerization of Registration process is in operation. The rates of Service Charges is as under:-

          Schedule of Service Charges for registration of document through computer

Sr.No Item on which User/service charges are to be levied Rates (Rs)
1   For each document registered in Book No.1(up to 10 sheets)  
  i)  Release deed. 50
  ii)  Settlement deed. 60
  iii) Mortgage deed without possession  
    a) where the loan amount is less than or equal to 50,000/- 75
    b) where the loan amount is more than 50,000/-but less than 2,00,000/- 100
    c) where the loan amount exceeds Rs. 2,00,000/- 150
  iv) Sale, Exchange, Gift, Mortgage with possession, Lease, Partition and   all other documents where the value is involved.(up to 10 sheets)  
    a) where the consideration or market value is less than 1,00,000/- 100
    b) where the consideration or market value is more than 1,00,000/but     less than 5,00,000/- 200
    c) where the consideration or market value exceeds Rs. 5,00,000/- 300
  V) Any other document. 100
2   For every additional sheet where single document in Book .1.exceeds   10 sheets. 5
3   For each document registered/entreated in Book No.3, 4, 5 & 6  
  i)  Up to 5 sheets. 25
  ii) More than 5 sheets. 50
4   For the group photographs through web camera. 50
5   For a copy of Ausat Ek Sala in a particular village. 10
6   For each set of Input Form. 20
Chit Fund Scheme in Himachal Pradesh

          Under Section-61(I) of Chit Fund Act. 1982, the state Govt. has appointed the Inspector General of Registration i.e. Director of Land Records, as Ex-officio Registrar Chit Fund and Addl. Distt. Magistrates as Deputy Registrar of Chit Fund in their respective Districts w.e.f. 1.12.1984, vide letter No. Fin-2-C (A)4-1/81, dated 26 November, 1984.

          The main objective of the scheme is to ensure uniformity through out the country and put a stop to the numerous mal-practices perpetrated by the persons who are responsible for conducting the chit business.

          The Registrar accords permission to run the chit business to the company in accordance with section-4 of Chit Fund Act, 1982. The Registrar will register the Chit/Agreement, (executed between Subscribers and Foreman) after obtaining sufficient security as contained in section 20 of the chit fund Act, 1982 .

          The Registrar will charge the fee prescribed in rule-42 under proper receipts for commencement of new chits. The fees for commencement of the chit and other various purposes is being charged as prescribed under rule-42(appendix-II) of Chit Fund Rules, 1984.

          A certified copy of minutes of proceedings of every draw shall be obtained by the Registrar with in 21 days form the date of draw in accordance with section-18 of the Act for which the foreman has to deposit the fee as prescribed at Sr. No.5 of the table of fees under Rule-42.

          This department has so far permitted seventeen chit fund companies (list attached) to run their chit business after obtaining the Certificate of Incorporation from the Registrar of Companies, Punjab, Himachal Pardesh and Chandighar situated at Jalandhar.

Official Website of The Department of Revenue, Government of Himachal Pradesh. Tel: 91-177-2623678, Email: dlr-hp@nic.in
           National Informatics Centre, Department of Electronics and Information Technology, Ministry of Communications and Information Technology,HP State Centre, Sixth Floor, Armsdale Building, HP Govt. Sectt., Shimla-171002, India,