(1) Notwithstanding anything contained in the Indian Registration Act 1908 it shall not be necessary for any officer of a Mortgage Bank or of the Central Mortgage Bank to appear in person or by agent at any registration office in any proceedings connected with the registration of any instrument executed by him in his official capacity or to sign as provided in Section 58 of that Act.
Act XVI of
1908.
1. Ins. by Assam Act No. XXIV of 1964.
2. Ins. by Assam Act No. XXIV of 1964.
15
(2) Where any instrument is so executed, the registering officer to whom such istrument is presented for registration, may, if he thinks fit, refer to such officer as stated in sub-section (1) for information respecting the same, and on being satisfied of the execution thereof, shall register the instrument.
Proof of documents or entries in documents.
30. Any Mortgage Bank or the Central Mortgage Bank may grant copies of any document obtained and kept by it in the course of its business or of any entries in such document;
and any copy so granted shall, where certified in such manner as may be prescribed, be admissible in evidence for any purpose in the same manner and to the same extent as the original document, or the entries therein, as the case may be.
Provisions of the Act shall apply to loans advanced by Mortgage Banks from funds not borrowed from the Central Mortgage Bank.
31. The provisions of the Act shall apply also to the loans advanced by Mortgage Banks from funds which have not been borrowed from the Central Mortgage Bank.
Service of notice.
32. Whenever under the provisions of this Act notice is required to be given to any person in writing, it shall be sufficient to send such notice by : -
(i) Registered post with acknowledgement due, or
(ii) personal service through official messenger or (iii) affixing a copy of the notice at the last known place of residence or business of the person concerned through any office bearer or employee of the Central Mortgage Bank or Mortgage Bank, as the case may be, with two witnesses when the person concerned refuses to accept the notice and sign the acknowledgement or he cannot be found.
Sections 102, 103 and 104 of the Transfer of property Act 1882, to apply to such notices under this Act.
33. The provisions of Sections 102 and 103 of the Transfer of Property Act, 1882, and of any rules made by the High Court under Section 104 of that Act for carrying out the purposes of the said Sections, shall apply, so far as may, in respect of all notices to be served under this Act.
Act IV of
1882.
16 Officer of Mortgage Bank and the Central Mortgage Bank and sale officers not to bid at sale.
34. At any sale of movable or immovable property held under the provisions of this Act in order to recover any money due to a Mortgage Bank, no Director, Secretary or other officer of such Bank or of the Central Mortgage Bank (except on behalf of the Bank of which he is a Director or Secretary or an Officer) and no sales officer or other persons having any duty to perform in connection with such sale, shall either directly or indirectly bid for or acquire or attempt to acquire any interest in such property.
Delegation of certain powers by Board.
35. The Board may, if it thinks fit , delegate all or any of its powers under Sections 11, 17 and 23 to an Executive Committee constituted by it and consisting of two or more of its members.
Powers of the State Government to make Rules.