B L Saraf
With coming in effect of the Jammu and Kashmir Reorganization Act 2019 (for short Act No 34) which split J &K into two UTs, a great political churning is under way. Apart from that, there is an upheaval of sorts in all vital organs of the State and its instrumentalities – that of justice delivery system included. Everyone who matters in the state administration is in a rush to get acclimatized to the new political/constitutional regime which is now unfolding , as an intended consequence of August 5th developments. Analyzing the matter in all details is not our remit. Right now, it would be a digression that will deflect attention from the topic proposed to be discussed .
Act No 34 has brought about a qualitative change in the Statute Book , in vogue in J &K till 30th Oct last. Most of the State laws have been repealed lock, stock and barrel, some retained and quite a few among them stand amended. Among others, the J&K Registration Act has been repealed – refer S No 124 , Table 3 Schedule 5 Act No 34 and Central Registration Act has been made applicable – refer SNO 90 Table 1 Schedule 5 Act no 34. Read together, Act No 34 and the Central Registration Act have thrown up number of intended consequences. One of them has resulted in a change in the Registration architecture which held forth in J&K till the date mentioned above. Important point to note, here, is that henceforth, in place of Judicial Officers, those from the Revenue department are to discharge the job of Sub-Registrars and the Registrars, as envisaged by the Registration Act . This move has evoked strong response from some sections of the society and the members of the lawyer fraternity. They have some reasons for the reaction .
Here it becomes essential for the administration to pause a while and reflect why has this change over caused agitation in the minds of some sections of the society and the members of Bar ? It is extremely important to have cooperation of the advocates. To ensure that, the concerns raised by them must be addressed in good time. Confidence of the public at large and the members of the Bar, in particular, in the Registration system is vital for its success . So, we leave this matter to the better judgment of members of the Bar and the State Administrators with the hope that the issue will be resolved soon to the satisfaction of all.
It is indeed a welcome development that the state administration has realized gravity of the situation and reached out to the members of Bar Association, Jammu. K K Sharma Advisor to the Lieutenant Governor and Dr Pawan Kotwal Financial Commissioner Revenue -now Inspector General of Registration -have met with the representatives of the Lawyer’s body. They have assured the agitating lawyers that their genuine concerns will be addressed. The State administration would do well to understand that what Bar Association is concerned about, to some extent, touches hearts of so many in the society. Therefore, while lawyers may be airing some of their issues they, in fact, are giving articulation to what may be taxing mind of a vast section of the civil society.
The changeover in governance of the Registration regime from State Registration Act to the Central Registration Act should provide an opportunity to the administrators concerned to streamline the Registration business in the state and make it more public friendly. Past experience gained over the time should be put in to the good use for ushering in an improved system for the future. It is time to raise job up to the modern standards and make it technology compliant. In this context the words of Advisor said in explaining the matter as “a step towards having a Uniform Registration System in the country ” will have true meaning if something substantial is done .
What needs to be done in this regard can be, broadly, enumerated as under:
The Registration of documents should be considered a full time job, for which services of officers may be exclusive and provided on full time basis. Apart from that there is a need to have full fledged Registration organization ready to cater to the ever burgeoning task and emerging challenges. It has to remain abreast with the latest developments happening across the country, in this regard .It is reassuring to note that Government is seized of the urgency of the matter. The F.C Revenue-/Inspector General Of Registration revealed in one of the interactions with him – he told members of the Bar Association, as well – that the process for recruitment of the officers and the supporting staff has begun and , hopefully, a dedicated structure will be in place within few months . The process needs to be speeded up.
Offices of the sub-registrars should be physically accessible to all. More so, to the old, infirm and specially abled persons .
Necessary steps may be taken to eliminate, as for as possible, physical interface of the officials and the concerned persons.
As said, the Registration job must be made cyber technology compliant and should be simultaneously accompanied with digitalization of the revenue records. There is impeding need to shed the paper baggage. The necessity of attaching bulky and voluminous stamp papers with the document must be totally eliminated. Instead , as it is the practice elsewhere in the country , calculated amount of stamp duty as also the requisite registration fee should be paid by utilizing the direct transfer mode with the help of online banking facilities .This must be done in all situations.
Like other laws Registration law too is an evolving one. Therefore its progress calls for a constant monitoring at the top. Room should be made for such further improvements as may be required with the passage of time.
(The author is former Principal District & Sessions Judge)
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