ISLAMABAD, Nov 8: The government has refused to accept the draft registration (amendment) ordinance, 2002 whereby it was proposed that petition-writers and other persons who did not possess requisite legal qualifications be barred from such practices.
According to reliable sources, in a summary submitted to the cabinet by the Law, Justice and Human Division on ‘The Registration (Amendment) Ordinance, 2002’, the cabinet, in its recently held meeting, was informed that barring exceptions, the documents, determining the rights of the parties, were generally settled and drawn up by the petition-writers and other persons who did not possess requisite legal qualifications.
Therefore, sources said it was proposed in the summary that to avoid ambiguity and unnecessary litigation amongst the parties, it was imperative that the documents were determined, the rights and obligations of the parties be settled and documents be drawn up by persons who were legal practitioners within the meaning of Legal Practitioners and Bar Councils Act, 1973.
They said the summary further added: “This is an important field of legal drafting, which, only persons duly qualified and having legal qualifications can undertake.” Besides this, the summary maintained that the Registration Act, 1908 also needed amendment in section 17, whereby the documents purported to create, declare, assign, limit or extinguish rights of the value for more than Rs100 or immovable property were required to be compulsory registered. And, therefore, it is submitted that this amount of Rs100 keeping in view the realities of today’s life should be enhanced to Rs20,000, it said.
Similarly, in the same provision, provincial governments had been empowered to exempt from compulsory registration, the leases executed in any district, the terms granted did not exceed five years and the annual rents reserved did not exceed Rs50.
It was suggested in the summary that this amount should be revised and it would be appropriate if this amount, keeping in view the value of the currency at present, be enhanced to Rs10,000.