G.R.Bhattacharjee, J. - (1.) This is a writ petition under Article 226 for quashing certain circulars issued by the respondents and for reliefs intended to exclude the lawyers' clerks from doing any function of deed writer in the Registration Offices. The petitioner no. 1 is the Coach Bihar District Deed Writers' Association of which the petitioner no. 2 is the Secretary. The petitioner no. 2 is himself also a licensed deed writer. Under memo no. 5060-(17) dated the 11th May, 1984 which is Annexure A to the writ petition the Inspector General of Registration, West Bengal issued certain clarifications about which the petitioners are aggrieved. The clarifications given by the Inspector General of Registration in the said memo is thus : "(i) A Law Clerk has got no right to act as a deed writer independently of his employer, that is, Advocate or Pleader. (ii) A document drafted by a lawyer may be written out by his licensed clerk in view of the fact that the drafting and preparation of documents for registration being a part of the professional duties of a lawyer, the help and assistance or in other words the service of his licensed clerk in doing so, may be available to him." The other impugned document is Annexure B to the writ petition which is memo no. 3073 (11)/D.W. dated the 9th December, 1992 issued by the District Registrar, Coach Bihar, clarifying that the lawyers' clerks have been forbidden to write any document independently, but as before there is no bar of writing documents by lawyers' clerks provided such document is certified by the concerned lawyer to the effect that the document has been drafted by him and such certificate is followed by the signature of the lawyer concerned and his registration number. Both these memos have been challenged by the deed writers in this writ petition on the ground that the lawyers' clerks are not entitled to write out any deed and as such the impugned memos authorising or permitting the lawyers' clerks to write out deeds drafted by their lawyers for registration are bad in law and, therefore, liable to be quashed. It is the further contention of the petitioners that the lawyers' clerks cannot do any work of deed writer in the Registration Office.
(2.) Section 32 of the Indian Registration Act, 1908 provides that except in the cases mentioned therein every document to be registered under the Act, whether such registration is compulsory or optional, shall be presented at the proper registration office, (a) by some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or (b) by the representative or assign of such person, or (c) by the agent of such person, representative or assign, duly authorised by power of attorney executed and authenticated in the required manner. Section 36 of the said Act prescribes the procedure for summoning the executor of the deed or witness where appearance of such person is desired. Section 52 inter alia requires the signature of the person presenting a document for the registration to be endorsed on every such document at the time of presenting the deed, and it also requires that a receipt for such document shall be given by the Registrating Officer to the person presenting the same. Section 61 inter alia requires that on completion of the registration of the document the same shall be returned to the person who presented the same for the registration or to such other person, if any, as he bas nominated in writing in that behalf on the receipt mentioned in section 52. Thus in view of section 61 anyone can be nominated in writing by the person presenting the document for registration on the receipt mentioned in section 52 for taking delivery of the document from the Registration Office. Obviously, it is not necessary that if the person presenting the document does not personally come to take back the document on completion of registration, he shall have to nominate in writing anyone who must be a licensed deed writer. Such nomination can be made in writing in favour of any person. Although there are some restrictions about supply of copies and search in respect of certain records mentioned in sub-sections (2), (3) and (4) of section 57, sub-section (1) of the said section however permits inspection by any person applying to inspect certain records mentioned therein and also to obtain copies of entries in such books.
(3.) Now we look to certain provisions of the West Bengal Registration (Deed Writers) Rules, 1982. In rule 2(b) of the said Rules 'deed writer' has been defined thus : "2(b). 'Deed Writer' means and includes a person who is engaged in the profession of preparing documents, namely, doing the work of conveyancing, including investigation of title, preparation of draft-deeds and engrossing the deed on stamp paper for registration and who holds a licence under these rules." Rule 4 of the said Rules runs thus : "4. Prohibition of unlicensed persons.-No person who is not a licensed deed writer under the rules shall engage himself in the profession of a deed writer : Provided that an advocate or a pleader practising before any Court in the State or a solicitor need not obtain a deed writer's licence." This rule therefore makes it clear that an advocate can engage himself in the profession of a deed writer without being required to obtain a deed writer's licence. The next rule that is relevant for our purpose is rule 7 of the said Rules which is reproduced below as it stands amended by notification no. 67 dated 17.2.86: "7. Competent persons for writing different kinds of documents..(1) Non-testamentary documents are to be prepared by licensed deed writers only ; Provided that no such licence will be necessary if the document is prepared by an advocate, a pleader or a solicitor. (2) No non-testamentary document shall be accepted for registration unless it is prepared by a licensed deed writer, an advocate or a solicitor or by the executants or one of the executants of the document, provided his handwriting is neat and legible; Provided that rules 7(1) end 7(2) shall not apply to documents executed by or on behalf of or in favour of the Government of India, or State Government or local authorities and other bodies corporate, the registered cooperative societies and nationalised banks and institutions which may, by notification in the Gazette, be specified by Government in this behalf. Such societies and banks shall send to the registering officer concerned a list of persons, not more than three, duly authorised by them to write documents for or on behalf of them ; Provided also that rules 7(1) and 7(2) shall not apply to documents prepared and executed in other States of India or any foreign country. (3) Testamentary documents may be prepared by the testator or by any person authorised by the testator." Rule 18 of the said Rules as it stands amended by the aforesaid notification no. 67 dated the 17th February, 1986 is also relevant for our purpose and the same is reproduced below : "18. Attestation of deeds.-(i) Every deed written out by a deed writer shall be attested by him in the following manner :. "Prepared by xy (name in full) having Licence No.....of 19?? under Z (name of the Registration Office) Registration Office." ............. Signature of the deed writer'. (ii) In the case of a type-written or printed document the name and signature of the deed writer, advocate or solicitor, as the case may be, and in the case of documents prepared by a Government agency, local authority, other bodies corporate, registered cooperative societies, nationalised banks, the full name and signature of the person who has written the document shall be furnished on the document in addition to the name and signature of the typist or the name and address of the press in the case of printed documents. (iii) Any document drafted by a lawyer shall at the end or bottom of the document, bear full name and signature of the legal practitioner id addition to his registration number and the name of the Bar Council to which he is attached. If the document contains more than one sheet, the initial of the lawyer shall be affixed on the margin of each such sheet or sheets.";