Introduction:
Information and communication technologies (ICT) have changed a major aspect of our lives. Information reaches faster to people now than it has ever been. People are more informed about the issues, challenges, and the working dynamics of the government. With knowledge comes freedom and the right to decide how they want to be governed. ICT can change the whole working of government if brought into full-fledged action. It can revolutionize the time frame of procedural work done earlier. It is an innovative way to make the process hassle-free and implementations faster. The World Bank describes e-governance as a label used for describing a wide range of applications and goals. The most innovative information and communication technologies, such as the Internet, are used intelligently to enable quality and budget-friendly government services, information, and knowledge. It is also an unambiguous commitment by decision-makers to strengthen the partnership between the public sector and private citizens.[1] More accountability for the government will also be offered by the e-government. It helps the people to be aware of what the government is working on and the policies being followed.
Replacing and optimizing the paper-based system when introducing electronic governance will be the primary advantage. Due to decreased paper use, it will save a lot of time, resources, and even the environment in exchange. This will also lead to a stronger economy. Similarly, an innovative platform was introduced by the Tamil Nadu Government for the registration process of land. Conflicts relating to land are the most commonly occurring type of dispute in Indian real estate. Grabbing of property unlawfully, unauthorized purchases of land, Benami transactions are a few of them. Such challenges have troubled the real estate industry for a very long time. The new government’s proposal to encourage e-registration and streamline immovable property registration is an immensely innovative development that has been widely praised for its clarity and ease of use.
The Land Registration Act, 2002
A new system was introduced by way of the Land Registration Act, 2002 which enabled the online transfer and registration of immovable proper. The new system used verified electronic signatures for the registration. This system is useful for ascertaining the correct market value of the property. For example, Ancestral property/land is handed down from generation to generation or has seen multiple owners over time. If a buyer wants to determine the exact value of land or rent, proper document verification and full disclosure of property is necessary. This act enables the buyer to know all the details such as gross carpet area, number of rooms, foundation details, and wiring blueprints. This is so that the future buyer can make an informed decision about the prospective purchase of the land. The level of transparency needed for land registrations is enabled through e-registrations. Furthermore, the broker fee is substantially reduced as there is much less paperwork.
The e-registration of property whether it is housing or commercial rental is somewhat similar for both rural areas and urban areas. As both the type of areas are administered under a Tehsil/ taluka/Mandal. It only differs when the land is empty or inhabited (built upon). Valuation is taken out at the actual selling price for vacant property, and for inhabited land (with built-up properties such as stores, apartments, cottages, etc.) it is performed at the market price and the total expenditure used by a house.
The process is also secure to use. There is almost no window for breaching of documents because hackers do not have access to papers connected to the estate such as the transfer of power of attorney, the purchase of land, or the wills of the deceased individual entrusted with the property security. Also, it is not possible to hack customer data easily since government servers are SSL encrypted with several layers of authentication and a customizable login framework.[2]
The facility has been in operation since the 1990s in states such as Kerala, Odisha, West Bengal, Karnataka, Tamil Nadu, Rajasthan, Jharkhand, Sikkim, New Delhi, Maharashtra, Madhya Pradesh, Punjab, Delhi, Andhra Pradesh, Uttarakhand, and Chhattisgarh. The Popular Services Centre (CSC) Scheme where all registrations are checked has been established by these states. Almost all rural and urban areas are served by these CSCs.[3]
Tamil Nadu’s Mandate to Register Documents in Land Deals
The state government of Tamil Nadu with the aim to avoid cases of land grabbing accidents made it compulsory to record documents pertaining to the power of attorney and the selling of property from December 2012. It was seen that a grave misuse was being done because the registration of said documents was optional. In May 2012, the government passed a bill to amend some aspects of the Registration Act 1908. The president gave his assent to the said amendment and it was enacted as Tamil Nadu Act 29 of 2012.
As per the amendments made, provided for in Article 5(i) of the Indian Stamp Act, 1899, it was made “mandatory” to register the documents relating to the power of attorney, purchase agreement, agreement regarding the deposit of title deeds, and building agreement. Power of Attorney papers must be registered either with the Sub-Registrar of Authority or where the principal lives. In addition, it was also agreed to make it obligatory for photos of the agent and witnesses to be fixed in the Attorney’s Power Records and to have the agent sign those documents.[4]
Star 2.0 (Simplified and Transparent Administration of Registration)
With the objective to provide the experience of registration a hassle-free and pleasant one, the registration department of the Tamil Nadu Government launched STAR 2.0 i.e. simplified and transparent administration of registration. It is an initiative in which documents submitted for registration would be processed and returned within minutes to the parties concerned. Earlier, people had to wait for days at the sub-registrar’s office to get the registered papers back.
In order to enable the scanning and return of registered records at the same time, the ‘First in-First out’ principle is enabled by the updated ‘Simplified and Transparent Administration of Registration (STAR) 2.0’ program. This will encourage parties within the provided appointment slot to get back their records after registration and scanning. Although the platform might reduce the number of registrations done in a day, the parties need not come down to the sub-registrar’s office for the collection of documents.
The process of keeping the registered document waiting for scanning till the evening or the next few days is not practical anymore. Documents must first be registered and returned within minutes to the party involved. Only then can new registration be permitted by the framework. Registrations, however, where building/field inspection or supplementary documentation are required, the pending procedure might be maintained for a day or two.[5] The process starts a day before the actual registration when the applicants are given appointment tokens and they need to be present on time with the required set of documents. For making the process faster and better, all the 578 sub-registrar and 50 District registrar offices have been equipped with proper computer facilities. Registration would be purely on a ‘First in-First out’ basis where there will be no allowance for seniority jumping or special care. The streamlined method removes the function of intermediaries, saves time, and paves the way for the chronological queuing of entries. The function and duty of the registration department is to register a document. Also, to ascertain the transactions which are affected during the purchase of a particular property by getting an encumbrance certificate (EC).
By signing in with a registration number, users are able to view records. If the user does not have all the necessary details in one go, there are choices for registering in phases. If registered, instead of waiting for your turn, the portal also allows online booking for registration at the Sub-Registrar Office. Users will submit valuation documents to the site after registration. Email and SMS services are available, from which the users can get status information. The EC and the signed registration form are both available for processing through the website. Free EC download for assets is also expanded from the present 1987 up to the year 1975.[6]
Only after the elaborate training for officials was the official rollout carried out. The online facility helps the public to generate records using the Internet and to verify the authenticity of the documents generated by submitting them through the Internet to the sub-registrar offices. On any given day, there are approximately 8,000 records recorded in the state. The count will grow to 10,000 on auspicious days. Bio-metric devices are also used to check the authenticity of the document.[7]
Payment of departmental charges is made online and available through 11 banks. The platform enables the online submission of patta transfer forms relating to rural areas to the Taluk/VAO office concerned and the sending of this information by SMS along with an acknowledgment from the Taluk office to the registrant. A toll-free number is also enabled for addressing all grievances. E-visits have also been made available. It is an internet-based system for fixing appointment with the registering officer. It is made as a part of the ease in the registration process. As of 31.03.2018, 2, 83,912 beneficiaries had utilized this service.[8] The project has been completed at a cost of 176.44 crore.[9]
The E-Governance Policy of Tamil Nadu
The Tamil Nadu Government aims to provide all government services online by 2023. The government wants to make the services accessible from the easiest mode. Tamil Nadu, which recently published its 2017 e-Governance Agenda, plans to encourage a paperless workplace. An e-Office Application will be introduced in all government departments in the state to improve the productivity of office work. Steps can be taken to ensure that government files/documents/records are made available in a digitized format and that those allowed for access are readily accessible. Both government departments will be allowed to use the government’s eMarketPlace (GeM) website to increase accountability, quality, and pace of public procurement. More and more government facilities are accessed remotely and via the internet by people, which involves the development of an e-governance strategy.
The policy aims to increase competitiveness and quality in the delivery of services by government departments and to provide a systematic structure for the steps taken by different departments in their respective departments to introduce e-governance and to encourage best practices. An institutional structure has been set in place by the Tamil Nadu government to promote e-governance in the state. The ultimate facilitator will be the state IT department.[10]
Electronics Corporation of Tamil Nadu Ltd (ELCOT) will provide the most assistance to various government agencies, associations, and boards in the fields of e-government infrastructure, capacity building, hardware, and software and service procurement. The e-Governance Directorate is the central agency for the execution of common e-governance programs of the State. [11]
An IT system is being developed comprising IT specialists who will be employed under the e-governance directorate. Both government agencies that are undertaking programs at the state/district level will be assisted by these experts. It will also serve as an agency for coordinating the e-delivery of services. The Tamil Nadu e-Governance Agency (TneGA) is a nodal state agency and an inherent government arm to help and push all of the government’s e-governance initiatives. Various e-governance programs are being developed by TNeGA.[12]
Conclusion
The experts are of the opinion that e-registration adds to the transparency of the nation’s real estate. This platform enables a trouble-free process. It is best to use e-registration when the land is handed down from generation to generation. Through this process, there is a clear and dispute free data available of ownership of the land. It also serves to be of good evidentiary value in case of any dispute. To avoid the risk of any nuisance to land it is best to register and even better to e-register. Such initiative of the Tamil Nadu government is for an attempt at effective utilization of resources. It also reduces delays, corruption, and favoritism. Although low literacy, limited financial resources, low per capita income, and lack of awareness are some of the drawbacks of e-governance. When such issues are tackled at the right pace it can revolutionize the whole governmental setup. With new policies coming up it is not an unattainable task.
References:
[1] Panzardi, R., Calcopietro, C. and Ivanovic, E.F. (2002). New-Economy Sector Study Electronic Government and Governance: Lessons for Argentina. [online] world bank, Washington, DC, p.2. Available at: http://documents1.worldbank.org/curated/en/527061468769894044/pdf/266390WP0E1Gov1gentina1Final1Report.pdf [Accessed 6 Jan. 2021].
[2] Singh, A.R. (2015). E-Registration: Simple, transparent process to help prevent unlawful disposal of property. [online] The Indian Express. Available at: https://indianexpress.com/article/india/india-others/e-registration-simple-transparent-process-to-help-prevent-unlawful-disposal-of-property/ [Accessed 7 Jan. 2021].
[3]RoofandFloor (2017). E-REGISTRATION OF PROPERTY. [online] RoofandFloor Blog. Available at: https://roofandfloor.thehindu.com/real-estate-blog/e-registration-of-property/ [Accessed 7 Jan. 2021].
[4] PTI (2012). TN to make registration of documents in land deals must. [online] @businessline. Available at: https://www.thehindubusinessline.com/news/national/tn-to-make-registration-of-documents-in-land-deals-must/article23092311.ece [Accessed 8 Jan. 2021].
[5] Kumar, S.V. (2018). Now, get your registered property documents back in minutes. The Hindu. [online] 10 Dec. Available at: https://www.thehindu.com/news/national/tamil-nadu/now-get-your-registered-documents-back-in-minutes/article25705458.ece [Accessed 7 Jan. 2021].
[6] Bureau, O. (2018). TN property registration goes online with STAR 2.0. [online] @businessline. Available at: https://www.thehindubusinessline.com/news/tn-property-registration-goes-online-with-star-20/article22745234.ece# [Accessed 8 Jan. 2021].
[7] Deccan Chronicle. (2018). Property registration in Tamil Nadu goes paperless. [online] Available at: https://www.deccanchronicle.com/nation/current-affairs/130218/property-registration-in-tamil-nadu-goes-paperless.html [Accessed 8 Jan. 2021].
[8] DEMAND NO.11 STAMPS AND REGISTRATION. (2018). [online] CMS Tamil Nadu government, GOVERNMENT OF TAMIL NADU 2018, p.37. Available at: https://cms.tn.gov.in/sites/default/files/documents/stamps_regn_e_pn_2018_19.pdf [Accessed 8 Jan. 2021].
[9] The New Indian Express. (2018). CM launches STAR 2.0 project for quick service. [online] Available at: https://www.newindianexpress.com/states/tamil-nadu/2018/feb/13/cm-launches-star-20-project-for-quick-service-1772561.html#:~:text=CHENNAI%3AChief%20Minister%20Edappadi%20K [Accessed 8 Jan. 2021].
[10] tnega.tn.gov.in. (n.d.). Tamil Nadu e-Governance Agency. [online] Available at: https://tnega.tn.gov.in/aboutus/tnega [Accessed 8 Jan. 2021].
[11] Jesudasan, D.S. (2019). e-Office set to make government services seamless. The Hindu. [online] 26 Sep. Available at: https://www.thehindu.com/news/national/tamil-nadu/e-office-set-to-make-government-services-seamless/article29512569.ece [Accessed 8 Jan. 2021].
[12] Kumar, S.C. (2018a). New Tamil Nadu e-governance policy aims to offer all services online by 2023. [online] The Financial Express. Available at: https://www.financialexpress.com/india-news/new-tamil-nadu-e-governance-policy-aims-to-offer-all-services-online-by-2023/1010098/ [Accessed 8 Jan. 2021].
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