UNITED REPUBLIC OF KIVU
As in force at 4 July 2007
This reprint shows the Act as in force at 4 July 2007. Any amendments that may come into operation after that date are not included.
An Act relating The Registrar-General's Office and the Registration of Deeds, Land Titles, Births, Deaths, Marriages, Business Names, Incorporated Associations and other Documents.
1. Short title
This Act may be cited as the Registration Act.
This Act shall be deemed to have commenced on 4 July 2007.
3. Establishment of Registration Office
There shall be a Lands Titles Registration and General Registry Office for the United Republic of Kivu, which office shall be situated in Kindu and at Bukavu, and at such other places in the Nation of United Kivu as the Parliament may from time to time approve.
4. Registrar-General and Deputy Registrars-General
(1) There shall be a Registrar-General for the Nation of Kivu appointed by Parliament.
(1A) The Parliament may appoint such persons as it thinks necessary to be Deputy Registrars-General.
(2) Whenever, by any law in force in United Republic of Kivu, anything is appointed or authorized to be done by the Registrar-General, the same may be lawfully done by a Deputy Registrar-General.
5. Powers and duties of Registrar-General
(1) The Registrar-General may, by writing signed by him or her, delegate to a person any of his or her powers and functions under this or any other Act (except this power of delegation), and may do so either generally, or with respect to a matter or class or description of matters specified in the instrument of delegation, or subject to any other limitations, qualifications or conditions so specified.
(2) A power or function delegated when exercised or performed by the delegate, shall be deemed for all purposes to have been exercised or performed by the Registrar-General.
(3) A delegation does not prevent the exercise of a power or the performance of a function by the Registrar-General in person.
(4) The Registrar-General may give directions –
(a) to a Deputy Registrar-General – with respect to the Deputy Registrar-General's exercise or performance of any power or function; and
(b) to the delegate of a power or function– with respect to the delegate's exercise or performance of that power or function.
6. Seal of office
The Registrar-General shall have and use a seal of office, and every instrument bearing the imprint of that seal and purporting to be signed or issued by the Registrar-General shall be received in evidence and shall be deemed to be signed or issued by, or under the direction of, the Registrar-General, without further proof, unless the contrary is shown.
7. Declaration to be made on taking office
Every Registrar-General, and Deputy Registrar-General who is appointed after the commencement of this section, shall, before entering upon the execution of the office, make the following declaration before a Judge of the Supreme Court of the United Republic of Kivu or before such other person as the Minister directs –
I, ___________________, do solemnly and sincerely declare that I will faithfully, and to the best of my ability, pursuant to the Registration Act, and to any other law for the time being in force in Kivu, execute and perform the office and duties of Registrar-General (or Deputy Registrar-General) of the United Republic of Kivu.
8. Validation of certain acts and documents
No acts, matters or things done, or documents signed or issued, by the Registrar-General, Deputy Registrar-General, or Acting Registrar-General of the United Republic of Kivu during the period before 4 July 2007 shall be deemed invalid on the ground merely that the officer concerned had not made the declaration required by the Privacy Property Act 2007 of the United Republic of Kivu in its application.
9. Power to remedy omission to Register
(1) Where owing to circumstances which the Registrar-General or a Deputy Registrar-General is satisfied were beyond the control of the person for whose benefit the registration, if effected, would have operated, any document, which is required by any law in force in the United Republic of Kivuto be registered within a specified time, has not been registered within that time, the Registrar-General or a Deputy Registrar-General may, notwithstanding anything to the contrary contained in any law in force in the United Republic of Kivu–
(a) by endorsement on the document extend for such time as he or she thinks fit the time for the registration of the document; and
(b) register the document within the time so extended.
(2) The time prescribed by any law in force in the United Republic of Kivu for registering any document may be extended under this section although the time has expired.
(3) A document registered under this section, which but for this section would not have been valid as regards registration or capable of registration, shall be as valid and effectual as regards registration as if it had been registered within the time specified in any law, other than this Act, in force in the United Republic of Kivu.
9A. Payment of levy with prescribed fees
(1) The Regulations may prescribe, as a levy, an amount not exceeding 10 pandas in relation to a matter, thing, or service in respect of which a fee is required to be paid to the Registrar-General.
(2) A levy prescribed in pursuance of subsection (1) is payable in addition to, and in the same manner as, the relevant prescribed fee.
(1) The Administrator may make regulations, not inconsistent with this Act, prescribing matters –
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting the generality of subsection (1), the regulations may prescribe –
(a) a matter or thing, or a service provided by the Registrar-General, for which a fee is, under this or any other Act, required to be paid to the Registrar-General;
(b) the amount of the fees referred to in paragraph (a); and
(c) fees payable in respect of an application required under a law in force in the United Republic of Kivu to be made to the Registrar-General.
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