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REGISTRATION ACT, 1908 (TAMIL NADU AMENDMENT)

REGISTRATION ACT, 1908 (TAMIL NADU AMENDMENT)

REGISTRATION ACT1908 (TAMIL NADU AMENDMENT)

Section 2 - Definitions

In this Act, unless there is anything repugnant in the subject or context,--

(1)   "Addition" means the place of residence, and the profession, trade, rank and title (if any) of a person described, and in the case of [1] [an Indian], [2] [***] his father's name, or where he is usually described as the son of his mother, then his mother's name;

(2)    "Book" includes a portion of a book and also any number of sheets connected together with a view of forming a book or portion of a book;

(3)    "District" and "sub-district" respectively mean a district and sub-district formed under this Act;

(4)    "District Court" includes the High Court in its ordinary original civil jurisdiction;

(5)    "Endorsement" and "endorsed" include and apply to an entry in writing by a registering officer on a rider or covering slip to any document tendered for registration under this Act;

(6)    "Immovable Property" includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass;

[3] [(6A) "India" means the territory of India excluding the State of Jammu and Kashmir;]

(7)    "Lease" includes a counterpart, kabuliyat, and undertaking to cultivate or occupy, and an agreement to lease;

(8)    "Minor" means a person who, according to the personal law to which he is subject, has not attained majority;

(9)    "Movable Property" includes standing timber, growing crops and grass, fruit upon and juice in trees, and property of every other description, except immovable property; and

(10)   "Representative" includes the guardian of a minor and the committee or other legal curator of a lunatic or idiot.

[4] [***]

[STATE AMENDMENTS

[5] [Tamil Nadu:

In section 2,--

(i)    in clause (9), the word "and" occurring at the end shall be omitted;

(ii)    in clause (10), the word "and" shall be added at the end;

(iii)   after clause (10), the following clause shall be added, namely:--

"(11) 'tout' means a person who habitually frequents the precincts of a registration office, for the purpose of employment for himself or for any other person in connection with any registration business and who is so declared as a tout under Part XIII-A.]

[6] [In section 2 of  clause (2), the following expression shall be added at the end, namely:--

"and the information storage devices like floppy disk, hard disk or compact disk or any other electronic media;]

Section 16 - Register-books and fire-proof boxes

(1)    The [7] [State Government] shall provide for the office of every registering officer the books necessary for the purposes of this Act.

(2)    The books so provided shall contain the forms from time to time prescribed by the Inspector-General, with the sanction of the [8] [State Government], and the pages of such books shall be consecutively numbered in print, and the number of pages in each book shall be certified on the title page by the officer by whom such books are issued.

(3)    The [9] [State Government] shall supply the office of every Registrar with a fire-proof box, and shall in each district make suitable provision for the safe custody of the records connected with the registration of documents in such district.

[STATE AMENDMENTS

TAMIL NADU:

[10] [In section 16 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely:--

"(2-A) The State Government shall also provide for the office of every Registering Officer notified by the State Government under sub-section (1) of section 70-B, the information processing and storage devices like computer and scanners along with the software prescribed by the Inspector-General, from time to time, necessary for the purposes of this Act.]

 

Section 17 - Documents of whichregistrationis compulsory

(1)    The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force, namely:--

(a)    instruments of gift of immovable property;

(b)    other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;

(c)    non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and

(d)    leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;

[11] [(e) non-testamentary instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property:]

Provided that the [12] [State Government] may, by order published in the [13] [Official Gazette], exempt from the operation of this sub-section any lease executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty rupees.

[14] [(1A) The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the Registration and Other Related laws (Amendment) Act, 2001 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A.]

(2)    Nothing in clauses (b) and (c) of sub-section (1) applies to?

(i)     any composition deed; or

(ii)    any instrument relating to shares in a joint stock Company, notwithstanding that the assets of such Company consist in whole or in part of immovable property; or

(iii)   any debenture issued by any such Company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except in so far as it entitles the holder to the security afforded by a registered instrument whereby the Company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or

(iv)   any endorsement upon or transfer of any debenture issued by any such Company; or

(v)    [15] [any document other than the documents specified in sub-section (1A)] not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; or

(vi)   any decree or order of a Court [16] [except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or proceeding]; or

(vii)   any grant of immovable property by [17] [Government]; or

(viii)  any instrument of partition made by a Revenue-Officer; or

(ix)   any order granting a loan or instrument of collateral security granted under the Land Improvement Act, 1871, or the Land Improvement Loans Act, 1883; or

(x)    any order granting a loan under the Agriculturists, Loans Act, 1884, or instrument for securing the repayment of a loan made under that Act; or

[18] [(xa) any order made under the Charitable Endowments Act, 1890, (6 of 1890) vesting any property in a Treasurer of Charitable Endowments or divesting any such Treasurer of any property; or]

(xi)   any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage; or

(xii)  any certificate of sale granted to the purchaser of any property sold by public auction by a Civil or Revenue-Officer.

[19] [Explanation.--A document purporting or operating to effect a contract for the sale of immovable property shall not be deemed to require or ever to have required registration by reason only of the fact that such document contains a recital of the payment of any earnest money or of the whole or any part of the purchase money.]

(3)    Authorities to adopt a son, executed after the 1st day of January, 1872, and not conferred by a will, shall also be registered.

[STATE AMENDMENTS

TAMIL NADU:

[20] [In section 17, in sub-section (1), after clause (e), the following clause shall be added, namely:--

"(f) instruments of agreement relating to construction of multi unit house or building on land held by several persons as referred to in clause (i) under Article 5 of Schedule I to the Indian Stamp Act, 1899 (2 of 1899)."

TAMIL NADU

[21] [In Section 17

(1)    in sub-section (1), for clause (f), the following clauses shall be substituted, namely:--

"(f)?? instruments of agreement relating to construction of building as referred to in clause (i) under Article 5 of Schedule I to the Indian Stamp Act, 1899 (Central Act II of 1899);

(g)??? instruments of agreement relating to sale of immovable property of the value of one hundred rupees and upwards;

(h)??? instruments of Power of Attorney relating to immovable property other than those executed outside India;

(i)??? instruments evidencing an agreement relating to the deposit of title deeds:";

(2)    in sub-section (2), the Explanation shall be omitted.]

Section 19 - Documents in language not understood by registering officer

If any document duly presented for registration be in a language which the registering officer does not understand, and which is not commonly used in the district he shall refuse to register the documents, unless it be accompanied by a true translation into a language commonly used in the district and also by a true copy.

[STATE AMENDMENTS

TAMIL NADU:

[22] [Same as in West Bengal.

TAMIL NADU AND WEST BENGAL:

For modification of section 14-- See Schedule to Act as inserted by Tamil Nadu Act 21 of 1966 and West Bengal Act 17 of 1978.]

Section 20 - Documents containing interlineations, blanks, erasures or alterations

(1)    The registering officer may in his discretion refuse to accept for registration any document in which any interlineation, blank, erasure or alteration appears, unless the persons executing the document attest with their signatures or initials such interlineation, blank, erasure or alteration.

(2)    If the registering officer registers any such document, he shall, at the time of registering the same, make a note in the register of such interlineation, blank, erasure or alteration.

STATE AMENDMENTS

TAMIL NADU:

[23] [ In its application to the State of Tamil Nadu, in Section 20, sub-section (1), after the expression "persons executing the document", insert " and in the case of document for sale of property, the persons claiming under that document also".]

Section 22 - Description of houses and land by reference to Government maps or surveys

(1)    Where it is, in the opinion of the [24] [State Government], practicable to describe houses, not being houses in towns, and lands by reference to a Government map or survey, the [25] [State Government] may, by rule made under this Act, require that such houses and lands as aforesaid shall, for the purposes of section 21, be so described.

(2)    Save as otherwise provided by any rule made under sub-section (1), failure to comply with the provisions of section 21, sub-section (2) or sub-section (3), shall not disentitle a document to be registered if the description of the property to which it relates is sufficient to identify that property.

[STATE AMENDMENTS

TAMIL NADU

[26] [After Section 22

The following section shall be substituted, namely:--

? 22-A. Refusal to register certain documents.--Notwithstanding anything contained in this Act, the registering officer shall refuse to register any of the following documents, namely:--

(1)    instrument relating to the transfer of immovable properties by way of sale, gift, mortgage, exchange or lease,--

(i)    belonging to the State Government or the local authority or Chennai Metropolitan Development Authority established under section 9-A of the Tamil Nadu Town and Country Planning Act, 1971(Tamil Nadu Act 35 of 1972);

(ii)    belonging to, or given or endowed for the purpose of, any religious institution to which the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959(Tamil Nadu Act 22 of 1959) is applicable;

(iii)   donated for Bhoodan Yagna and vested in the Tamil Nadu State Bhoodan Yagna Board established under section 3 of the Tamil Nadu Bhoodan Yagna Act, 1958(Tamil Nadu Act XV of 1958); or

(iv)   of Wakfs which are under the superintendence of the Tamil Nadu Wakf Board established under the Wakf Act, 1995(Central Act 43 of 1995), unless a sanction in this regard issued by the competent authority as provided under the relevant Act or in the absence of any such authority, an authority so authorised by the State Government for this purpose, is produced before the registering officer;

(2)    instrument relating to the transfer of ownership of lands converted as house sites without the permission for development of such land from planning authority concerned:

Provided that the house sites without such permission may be registered if it is shown that the same house site has been previously registered as house site.

Explanation I.--For the purpose of this section ?local authority? means,--

(i)    any Municipal Corporation constituted under any law for the time being in force; or

(ii)    a Municipal Council constituted under the Tamil Nadu District Municipalities Act, 1920(Tamil Nadu Act V of 1920) ; or

(iii)   a Panchayat Union Council or a Village Panchayat constituted under the Tamil Nadu Panchayats Act, 1994(Tamil Nadu Act 21 of 1994) ; or

(iv)   any other Municipal Corporation, that may be constituted under any law for the time being in force.

Explanation II.--For the purpose of this section ?planning authority? means the authority constituted under section 11 of, and includes the Chennai Metropolitan Development Authority established under section 9-A of the Tamil Nadu Town and Country Planning Act, 1971(Tamil Nadu Act 35 of 1972);

(3)    instrument relating to cancellation of sale deeds without the consent of the person claiming under the said sale deed.?.]

[27] [After Section 22

The following Section shall be substituted, namely:--

"22-A. Refusal to register certain documents.-- Notwithstanding anything contained in this Act, the registering officer shall refuse to register any of the following documents, namely:--

(1)   instrument relating to the transfer of immovable properties by way of sale, gift, mortgage, exchange or lease,--

(i)    belonging to the State Government or the local authority or Chennai Metropolitan Development Authority established under Section 9-A of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);

(ii)    belonging to, or given or endowed for the purpose of, any religious institution to which the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959) is applicable;

(iii)   donated for Bhoodan Yagna and vested in the Tamil Nadu State Bhoodan Yagna Board established under Section 3 of the Tamil Nadu Bhoodan Yagna Act, 1958 (Tamil Nadu Act 15 of 1958); or

(iv)   of Wakfs which are under the superintendence of the Tamil Nadu Wakf Board established under the Wakf Act, 1995 (Central Act 43 of 1995), unless a sanction in this regard issued by the competent authority as provided under the relevant Act or in the absence of any such authority, an authority so authorised by the State Government for this purpose, is produced before the Registering Officer; 

(2)   instrument relating to the transfer of ownership of lands converted as house sites without the permission for development of such land from Planning Authority concerned:

Provided that the house sites without such permission may be registered if it is shown that the same house site has been previously registered as house site.

Explanation I.-- For the purpose of this Section 'local authority' means,--

(i)    any Municipal Corporation constituted under any law for the time being in force; or

(ii)    a Municipal Council constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act 5 of 1920); or

 

(iii)   a Panchayat Union Council or a Village Panchayat constituted under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994); or

(iv)    any other Municipal Corporation, that may be constituted under any law for the time being in force.

Explanation II.--For the purpose of this Section 'planning authority' means the authority constituted under Section 11 of, and includes the Chennai Metropolitan Development Authority established under Section 9-A of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);

(3)    instrument relating to cancellation of sale deeds without the consent of the person claiming under the said sale deed.".]]]

[28] [After section 22 of the Registration Act1908 (Central Act XVI of 1908), the following section shall be inserted, namely: --

"22-A. Documents registration of which is opposed to public policy.--

(1)   The State Government may, by notification in the Tamil Nadu Government Gazette, declare that the registration of any document or class of documents is opposed to public policy.

(2)   Notwithstanding anything contained in this Act, the registering officer shall refuse to register any document to which a notification issued under sub-section (1) is applicable.".]

Section 23A - Re-registrationof certain documents

[29] [23A. Re-registration of certain documents

Notwithstanding anything to the contrary contained in this Act, if in any case a document requiring registration has been accepted for registration by a Registrar or Sub-Registrar from a person not duly empowered to present the same, and has been registered, any person claiming under such document may, within four months form his first becoming aware that the registration of such document is invalid, present such document or cause the same to be presented, in accordance with the provisions of Part VI for re-registration in the office of the Registrar of the district in which the document was originally registered; and upon the Registrar being satisfied that the document was so accepted for registration from a person not duly empowered to present the same, he shall proceed to the re-registration of the document as if it has not been previously registered, and as if such presentation for re-registration was a presentation for registration made within the time allowed therefore under Part IV, and all the provisions of this Act, as to registration of documents, shall apply to such re-registration; and such document, if duly re-registered in accordance with the provisions of this section, shall be deemed to have been duly registered for all purposes from the date of its original registration:

Provided that, within three months from the twelfth day of September, 1917, any person claiming under a document to which this section applies may present the same or cause the same to be presented for re-registration in accordance with this section, whatever may have been the time when he first became aware that the registration of the document was invalid.]

STATE AMENDMENTS

[30] [Tamil Nadu:

After section 23A the following section shall be inserted:--

"23B. Power of State Government to permit the registration of documents registered in the loges at Kozhikode and in certain other areas in French India.--

(1)    The Government may, by notification in the Fort St. George Gazette, direct that all documents, or any class of documents, which?

(a)    relate to properties situated within the loges at Kozhikode (formerly known as Calicut), the areas whereof have been set out in the Schedule to the Madras (Enlargement of Areas and Alteration of Boundaries) Order, 1948,

(b)   have been registered in a registration office by an official appointed or controlled by any French Indian authority, and

(c)    are required to be registered under this Act, may be registered under this Act free of all charges, within such time, and subject to such restrictions and conditions, as may be specified in the notification; and if any document is so registered, the registration shall have effect for all purpose from the date on which the document was originally registered by the official referred to in clause (b):

Provided that nothing in this sub-section shall be deemed to invalidate any decree or order touching any such document which may have been passed by any Court of law and become final before the enactment of this section.

(2)   Sub-section (1) shall apply in relation to documents relating to properties situated within the limits of any French territory now adjoining the territory of the State of Madras, as it applies in relation to documents relating to properties situated within the loges referred to in sub-section (1), subject to the modification that for the words "before the enactment of this section" occurring in the proviso, the words "before such date as may be notified in that behalf by the State Government" shall be substituted."

Section 28 - Place for registering documents relating to land

Save as in this Part otherwise provided, every document mentioned in section 17, sub-section (1), clauses (a), (b), (c) [31] [,(d) and (e), section 17, sub-section (2), insofar as such document affects immovable property,] and section 18, clauses (a), (b) [32] [(c) and (cc),] shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the property to which such document relates is situate.

[STATE AMENDMENTS

TAMIL NADU

In Section 28

[33] [(1) in clause (a), for the expression "clauses (a), (b), (c), (d) and (e)," the expression "clauses (a), (b), (c), (d), (e), (f), (g), (h) and (i)" shall be substituted;]

[34] [(2) to clause (a), as so amended, the following proviso shall be added, namely:-

"Provided that every document mentioned in clause (h) of sub-section (1) of section 17 may also be presented for registration in the office of the Sub-Registrar within whose jurisdiction the principal ordinarily resides;]

[35] [In the Registration Act1908, (Central Act XVI of 1908) for section 28, the following section shall be substituted, namely:--

"28. Place for registering documents relating to land.--

Save as in this Part otherwise provided,--

(a)    every document mentioned in clauses (a), (b), (c), (d) and (e) of sub-section (1) and sub-section (2) of section 17 in so far as such document affects immovable property and in clauses (a), (b), (c) and (cc) of section 18, shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the property to which such document relates is situate in the State of Tamil Nadu; and

(b)    any document registered outside the State of Tamil Nadu in contravention of the provisions of clause (a) shall be deemed to be null and void]

Section 34 - Enquiry beforeregistrationby registering officer

(1)   Subject to the provisions contained in this Part and in sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered under this Act, unless the persons executing such document, or their representatives, assigns or agents authorized as aforesaid, appear before the registering officer within the time allowed for presentation under sections 23, 24, 25 and 26:

Provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear, the Registrar, in cases where the delay in appearing does not exceed four months, may direct that on payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine, if any, payable under section 25, the document may be registered.

(2)    Appearances under sub-section (1) may be simultaneous or at different times.

(3)    The registering officer shall thereupon?

(a)   enquire whether or not such document was executed by the persons by whom it purports to have been executed;

(b)    satisfy himself as to the identity of the persons appearing before him and alleging that they have executed the document; and

(c)    in the case of any person appearing as a representative, assign or agent, satisfy himself of the right of such person so to appear. 

(4)    Any application for a direction under the proviso to sub-section (1) may be lodged with a Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate.

(5)    Nothing in this section applies to copies of decrees or orders.

[STATE AMENDMENTS

[Tamil Nadu

[36] [After Section 34

After section 34-A of the principal Act, the following section shall be inserted, namely:--

"34-B. Procedure for Registration of document of Power of Attorney relating to immovable property.--

Subject to the provisions of this Act, no document of Power of Attorney relating to immovable property shall be registered, unless passport size photographs and finger prints of the principal, the agent and of the identifying witnesses are affixed to the document and the agent has also signed such document.]

[37] [In section 34 of the principal Act,--

(1)    in sub-section (1), after the expression "persons executing such document", the expression "and in the case of document for sale of property, the persons claiming under that document" shall be inserted;

(2)    in sub-section (3), in clause (b), after the expression "executed the document", the expression "or they are claiming under the document" shall be inserted.]

[38] [After section 34 of the principal Act, the following section shall be inserted, namely:--

"34-A. Person claiming under document for sale of property also to sign document.--

Subject to the provisions of this Act, no document for sale of property shall be registered under this Act, unless the person claiming under the document has also signed such document.]

Section 45 - Proceedings on death of depositor

(1)    If, on the death of a testator who has deposited a sealed cover under section 42, application be made to the Registrar who holds it in deposit to open the same, and if the Registrar is satisfied that the testator is dead, he shall, in the applicant's presence, open the cover, and, at the applicant's expense, cause the contents thereof to be copied into his Book No. 3.

(2)    When such copy has been made, the Registrar shall re-deposit the original will.

[STATE AMENDMENTS

TAMIL NADU AND WEST BENGAL:

For modification of section 45, see Schedule to Act as inserted by Tamil Nadu Act 21 of 1966 and West Bengal Act 17 of 1978.

Section 46 - Saving of certain enactments and powers of Courts

(1)    Nothing hereinbefore contained shall affect the provisions of section 259 of the Indian Succession Act, 1865, or of section 81 of the Probate and Administration Act, 1881, or the power of any Court by order to compel the production of any will.

(2)    When any such order is made, the Registrar shall, unless the will has been already copied under section 45, open the cover and cause the will to be copied into his Book No. 3 and make a note on such copy that the original has been removed into Court in pursuance of the order aforesaid.

STATE AMENDMENTS

TAMIL NADU AND WEST BENGAL:

For modification of section 46, see Schedule as inserted by Tamil Nadu Act 21 of 1966 and West Bengal Act 17 of 1978.

Section 50 - Certain registered documents relating to land to take effect against unregistered documents

(1)    Every document of the kinds mentioned in clauses (a), (b), (c), and (d) of section 17, sub-section (1), and clauses (a) and (b) of section 18, shall, if duly registered, take effect as regards the property comprised therein, against every unregistered document relating to the same property, and not being a decree or order, whether such unregistered document be of the same nature as the registered document or not.

(2)    Nothing in sub-section (1) applies to leases exempted under the proviso to sub-section (1) of section 17 or to any document mentioned in sub-section (2) of the same section, or to any registered document which had not priority under the law in force at the commencement of this Act.

Explanation.-- In cases, where Act No. 16 of 1864 or the Indian Registration Act, 1866 (20 of 1866), was in force in the place and at the time in and at which such unregistered document was executed, "unregistered" means not registered according to such Act, and, where the document is executed after the first day of July, 1871, not registered under the Indian Registration Act, 1871 (8 of 1971), or the Indian Registration Act, 1877 (3 of 1977), or this Act.

[STATE AMENDMENTS

[Tamil Nadu

[39] [In Section 50

In sub-section (1), for the expression "clauses (a), (b), (c) and (d) of section 17", the expression "clauses (a), (b), (c), (d), (f), (g), (h) and (i) of section 17" shall be substituted.]

Section 51 - Register-books to be kept in the several offices

(1)    The following books shall be kept in the several offices hereinafter named, namely:--

A--In all registration offices--

Book 1, "Register of non-testamentary documents relating to immovable property".

Book 2, "Record of reasons for refusal to register".

Book 3, "Register of wills and authorities to adopt", and

Book 4, "Miscellaneous Register".

B--In the offices of Registrars--

Book 5, "Register of deposits of wills".

(2)    In Book 1 shall be entered or filed all documents or memoranda registered under sections 17, 18 and 89 which relate to immovable property, and are not wills.

(3)    In Book 4 shall be entered all documents registered under clauses (d) and (f) of section 18 which do not relate to immovable property.

(4)    Nothing in this section shall be deemed to require more than one set of books where the office of the Registrar has been amalgamated with the office of a Sub-Registrar.

[STATE AMENDMENTS

TAMIL NADU AND WEST BENGAL:

For modification in section 51, see Schedule as inserted by Tamil Nadu Act 21 of 1966 and West Bengal Act 17 of 1978.

TAMIL NADU:

[40] [In section 51 of the principal Act, in sub-section (1),--

(1)    for the expression "The following books", the expression "The following books and the information storage devices" shall be substituted;

 

(2)    The following shall be added at the end, namely:--

"C--In the office of the Registering Officer notified by the State Government under sub-section (1) of section 70-B--

Information storage devices as specified in sub-section (2-A) of section 16.]

Section 52 - Duties of registering officers when document presented

(1)   (a) The day, hour and place of presentation, [41] [the photographs and finger prints affixed under section 32A,] and the signature of every person presenting a document for registration, shall be endorsed on every such document at the time of presenting it;

(b) a receipt for such document shall be given by the registering officer to the person presenting the same; and

(c) subject to the, provisions contained in section 62, every document admitted to registration shall without unnecessary delay be copied in the book appropriated therefore according to the order of its admission.

(2)   All such books shall be authenticated at such intervals and in such manner as is from time to time prescribed by the Inspector-General.

[STATE AMENDMENTS

TAMIL NADU:

[42] [Same as in Pondicherry.

Section 54 - Current indexes and entries therein

In every office in which any of the books hereinbefore mentioned are kept, there shall be prepared current indexes of the contents of such books; and every entry in such indexes shall be made, so far as practicable, immediately after the registering officer has copied, or filed a memorandum of, the document to which it relates.

[STATE AMENDMENTS

TAMIL NADU AND WEST BENGAL:

For modification to sections 54 and 55, see Schedule as inserted by Tamil Nadu Act 21 of 1966 and West Bengal Act 17 of 1978.

Section 58 - Particulars to be endorsed on documents admitted toregistration

(1)    On every document admitted to registration, other than a copy of a decree or order, or a copy sent to a registering officer under section 89, there shall be endorsed from time to time the following particulars, namely:--

(a)    the signature and addition of every person admitting the execution of the document, and, if such execution has been admitted by the representative, assign or agent of any person, the signature and addition of such representative, assign or agent;

(b)    the signature and addition of every person examined in reference to such document under any of the provisions of this Act; and

(c)    any payment of money or delivery of goods made in the presence of the registering officer in reference to the execution of the document, and any admission of receipt of consideration, in whole or in part, made in his presence in reference to such execution. 

(2)    If any person admitting the execution of a document refuses to endorse the same, the registering officer shall nevertheless register it, but shall at the same time endorse a note of such refusal.

[STATE AMENDMENTS

TAMIL NADU:

[43] [In section 58 of the principal Act,--

(1)   in sub-section (1), after item (a), the following item shall be inserted, namely:--

"(aa) in the case of a document for sale of property, the signature and addition of every person admitting the claim under such document, and, if such claim has been admitted by the representative, assign or agent of any person, the signature and addition of such representative, assign or agent;";

(2)    in sub-section (2), after the expression "execution of a document", the expression "and in the case of a document for sale of property, any person admitting the execution of such document, or any person admitting the claim under that document" shall be inserted.]

Section 60 - Certificate ofregistration

(1)    After such of the provisions of sections 34, 35, 58 and 59 as apply to any document presented for registration have been complied with, the registering officer shall endorse thereon a certificate containing the word "registered", together with the number and page of the book in which the document has been copied.

(2)    Such certificate shall be signed, sealed and dated by the registering officer, and shall then be admissible for the purpose of proving that the document has been duly registered in manner provided by this Act, and that the facts mentioned in the endorsement, referred to in section 59 have occurred as therein mentioned.

[STATE AMENDMENTS

TAMIL NADU

For modifications to sections 60 and 61, see Schedule as inserted by Tamil Nadu Act 21 of 1966 and West Bengal Act 17 of 1978.

[44] [In Section 60

In sub-section (1), for the expression "a certificate containing the word 'registered' ", the expression "a certificate containing the expression 'registered and duly stamped as per the Indian Stamp Act, 1899 (Central Act II of 1899)'" shall be substituted.]

Section 61 - Endorsements and certificate to be copied and document returned

(1)    The endorsements and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the margin of the Register-book, and the copy of the map or plan (if any) mentioned in section 21 shall be filed in Book No. 1.

(2)    The registration of the document shall thereupon be deemed complete, and the document shall then be returned to the person who presented the same for registration, or to such other person (if any) as he has nominated in writing in that behalf on the receipt mentioned in section 52.

STATE AMENDMENTS

TAMIL NADU:

[45] [Same as in West Bengal.

[46] [In section 61 of the principal Act, in sub-section (1), the following proviso shall be added, namely:--

"Provided that in the office of the Registering Officer notified by the State Government under sub-section (1) of section 70-B, the copying of the items referred to above may be done using electronic devices like scanner.]

Section 62 - Procedure on presenting document in language unknown to registering officer

(1)    When a document is presented for registration under section 19, the translation shall be transcribed in the register of documents of the nature of the original, and, together with the copy referred to in section 19, shall be filed in the registration office.

(2)   The endorsements and certificate respectively mentioned in sections 59 and 60 shall be made on the original, and, for the purpose of making the copies and memoranda required by sections 57, 64, 65 and 66, the translation shall be treated as if it were the original.

[STATE AMENDMENTS

TAMIL NADU:

[47] [For sub-section (1) of section 62, substitute the following:--

"(1) When a document is presented for registration under section 19, the translation together with the true of the document shall be filed in the appropriate book."]

Section 64 - Procedure where document relates to land in several sub-districts

Every Sub-Registrar on registering a non-testamentary document relating to immovable property not wholly situate in his own sub-district shall make a memorandum thereof and of the endorsement and certificate (if any) thereon, and send the same to every other Sub-Registrar subordinate to the same Registrar as himself in whose sub-district any part of such property is situate, and such Sub-Registrar shall file the memorandum in his Book No. 1.

[STATE AMENDMENTS

[Tamil Nadu

[48] [After Section 64

The following section shall be inserted, namely:--

"64-A. Procedure where instrument of Power of Attorney presented in office of Sub-Registrar relates to immovable property not situate in sub-district.--

Every Sub-Registrar on registering an instrument of Power of Attorney including instrument of revocation or cancellation of such Power of Attorney relating to immovable property not situate in his own sub-district, shall make a copy and send the same together with a copy of the map or plan (if any) mentioned in section 21, to every other Sub-Registrar in whose sub-district the whole or any part of such property is situate and such Sub-Registrar shall file the same in his Book No. 1:

Provided that where such instrument relates to immovable property in several districts, shall forward the same to the Sub-Registrars concerned, under intimation to the Registrar of every district in which any part of such property is situate.".]

 

Section 70 - Power of Inspector-General to remit fines

The Inspector-General may also, in the exercise of his discretion, remit wholly or in part the difference between any fine levied under section 25 or section 34, and the amount of the proper registration fee.

[STATE AMENDMENTS

TAMIL NADU:

[49] [After PART-XI of the principal Act, the following PART shall be inserted, namely:--

"PART XI-A

REGISTRATION OF DOCUMENTS BY MEANS OF ELECTRONIC DEVICES.

70-A. Application of this Part

This Part shall apply to the areas only in respect of which a notification is issued by the State Government under sub-section (1) of section 70-B.

70-B. Documents scanned by electronic devices in areas notified by the State Government

(1)    The State Government may, by notification, in the Tamil Nadu Government Gazette, direct that in any office as may be specified therein, the process of registration of any category or categories of documents may be completed and copying done with the help of the electronic devices like computers, scanners and compact disks and copies preserved on such devices and retrieved when required.

(2)    Notwithstanding anything contained in this Act, or any other law for the time being in force, a copy of any document registered and scanned using the electronic devices and certified or attested by the Registering Officer in-charge of the office shall also be received in evidence of any transaction as is described in the said document.

70-C. Saving

Nothing in this Part shall apply,--

(i)??? to any document which in the opinion of Registering Officer is not in a condition fit to be processed by means of electronic devices;

(ii)??? in the case of unforeseen eventuality like breakdown of the computerised system of registration:

Provided that the Registering Officer shall record the reasons in writing therefor:

Provided further that the Registering Officer shall ensure that the data and images of the documents registered due to a breakdown of the computerised system, are duly incorporated into the computer system, after the same is restored, in the manner prescribed by the Inspector-General.]

Section 78 - Fees to be fixed by State Government

[50] [***] The [51] [State Government] shall prepare a table of fees payable--

(a)    for the registration of documents;

(b)    for searching the registers;

(c)    for making or granting copies of reasons, entries or documents, before on or after registration;

and of extra or additional fees payable--

(d)    for every registration under section 30;

(e)    for the issue of commissions;

(f)     for filing translations;

(g)    for attending at private residences;

(h)   for the safe custody and return of document; and

(i)     for such other matters as appear to the Government necessary to effect the purposes of this Act.

[STATE AMENDMENTS

[52] [Tamil Nadu:

In its application to the State of Tamil Nadu, after section 78, added the following new section, namely,--

"78A.Power to reduce or remit fees.--The State Government may, if in their opinion it is necessary in the public interest so to do, by order published in the Tamil Nadu Government Gazette, reduce or remit, whether prospectively or retrospectively, the fees payable in respect of any of the matters enumerated in clauses (a) to (i) of section 78, either generally or for any particular class of cases and in respect of any person or class of persons."

Section 80 - Fees payable on presentation

All fees for the registration of documents under this Act shall be payable on the presentation of such documents.

[STATE AMENDMENTS

TAMIL NADU:

[53] [After section 80, insert as under:

"80A. Recovery of deficit registration fee.--

(1)    Notwithstanding anything contained in section 80, if, after the registration of a document, it is found that the fee payable under this Act in relation to that document has not been paid or has been insufficiently paid, such fee or the deficit, as the case may be, may, on the certificate of the registering officer, be recovered from the person who presented such document for registration under section 32, as an arrear of land revenue:

Provided that no such certificate shall be granted unless due inquiry is made and such person is given an opportunity of being heard:

Provided further that no such inquiry shall be commenced after the expiry of such period, after the date of registration of the document, as may be prescribed.

(2)    The certificate of the registering officer under sub-section (1) shall, subject only to appeal under sub-section (3), be final and shall not be called in question in any court or before any authority.

(3)    Any person aggrieved by a certificate of the registering officer under subsection (1), may appeal to the Registrar if it is a certificate of the sub-Registrar or to the Inspector-General of Registration if it is a certificate of the Registrar. All such appeals shall be preferred within such time, and shall be heard and disposed of in such manner, as may be prescribed."]

[54] [After Part XIII, insert as under:

"PART XIIIA

OF TOUTS

"80B. Powers to frame and publish lists of touts.--

(1)    Every Registrar of a district as regards his own office and the offices subordinate thereto and every Sub-Divisional Magistrate as regards the registration offices within his own jurisdiction may frame and publish lists of persons proved to his satisfaction or to the satisfaction of any Sub-Registrar as provided in section 80C, by evidence of general repute or otherwise, habitually to act as torts, and may from time to time, alter and amend such lists.

(2)    No person's name shall be included in any such list until he shall have had an opportunity of showing cause against such inclusion.

(3)    Where the name of any person is included in a list framed and published by a Sub-Divisional Magistrate under this section, such person may, within thirty days of the publication of the list in which his name first appears, apply in writing to the Registrar the district for the removal of his name from such list and the orders of the Registrar, passed after such inquiry (if any) as he considers necessary on such application shall be final.

80C. Inquiry by a Sub-Registrar regarding suspected touts.--

Any Registrar of a district or Sub-Divisional Magistrate may send to any Sub-Registrar within the jurisdiction of such authority the name of any person alleged or suspected to be a tout and request the Sub-Registrar to hold an inquiry in regard of such person and the Sub-Registrar shall thereupon hold an inquiry into the conduct of that person, and, after giving him an opportunity of showing cause as provided in sub-section (2) of section 80B, shall report to the authority who has made the request whether the person has been proved to the satisfaction of the Sub-Registrar to be a tout; and that authority may include the name of any person who has been so proved to be a tout in the list of touts framed and published by him under sub-section (1) of section 80B:

Provided that such authority shall hear such person who before his name has been so included, appears before him and desires to be heard.

80D. Display of lists of touts in registration offices.--

A copy of every such list shall be conspicuously displayed in every registration office to which the same relates.

80E. Exclusion of touts from precincts of registration offices.--

A registering officer may, by general or special order, exclude from the precincts of his registration office any person whose name is included in any such list.

80F. Presumption as to touts found within precincts of registration offices.--

Every person who having been excluded from the precincts of a registration office under section 80E is found within the precincts of any registration office, without written permission from the registering officer shall be deemed to be acting as a tout for the purposes of section 82A:

Provided that this section shall not apply where such person is a party to a document intended for registration at such office or has been directed to appear by any process of the registering officer.

80G. Arrest and trial of touts.--

(1)    Any registering officer may, by an order in writing, direct any person named in the order to arrest any such tout found within the precincts of the registration office. Such tout may be arrested accordingly and shall be forthwith produced before the registering officer.

(2)    If the tout admits his offence the provisions of section 345 of the Code of Criminal Procedure, 1973 (2 of 1974) shall be applicable, so far as may be, to his detention, trial and punishment.

(3)    If the tout does not admit his offence the provisions of section 346 of the Code shall be similarly applicable to his detention, trial and punishment.

(4)    A registering officer shall be deemed to be a Civil Court for the purposes of sections 345 and 346 of the said Code."

[55] [After Part XIII

The following Part shall be inserted, namely:--

"PART XIII-A.

OF TOUTS.

80-B. Powers to frame and publish lists of touts.--

(1)    Every Registrar of a district as regards his own office and the offices subordinate thereto and every Sub-divisional Magistrate as regards the registration offices within his own jurisdiction may frame and publish lists of persons proved to his satisfaction or to the satisfaction of any Sub-Registrar as provided in section 80-C, by evidence of general repute or otherwise, habitually to act as touts, and may from time to time; alter and amend such lists.

(2)    No person's name shall be included in any such list until he shall have had an opportunity of showing cause against such inclusion.

(3)    Where the name of any person is included in a list framed and published by a Sub-divisional Magistrate under this section, such person may, within thirty days of the publication of the list in which his name first appears, apply in writing to the Registrar of the district for the removal of his name from such list and the orders of the Registrar, passed after such inquiry (if any) as he considers necessary on such application shall be final.

80-C. Inquiry by a Sub-Registrar regarding suspected touts.--

Any Registrar of a district or Sub-divisional Magistrate may send to any Sub-Registrar within the jurisdiction of such authority the name of any person alleged or suspected to be a tout and request the Sub-Registrar to hold an inquiry in regard to such person; and the Sub-Registrar shall thereupon hold an inquiry into the conduct of that person, and, after giving him an opportunity of showing cause as provided in sub-section (2) of section 80-B, shall report to the authority who has made the request whether the person has been proved to the satisfaction of the Sub-Registrar to be a tout; and that authority may include the name of any person who has been so proved to be a tout in the list of touts framed and published by him under sub-section (1) of section 80-B:

Provided that such authority shall hear such person who, before his name has been so included, appears before him and desires so be heard.

80-D. Display of lists of touts in registration offices.--

A copy of every such list shall be conspicuously displayed in every registration office to which the same relates.

80-E. Exclusion of touts from precincts of registration offices.--

A registering officer may, by general or special order, exclude from the precincts of his registration office any person whose name is included in any such list.

80-F. Presumption as to touts found within precincts of registration offices.--

Every person who having been excluded from the precincts of a registration office under section 80-E is found within the precincts of any registration office without written permission from the registering officer shall be deemed to be acting as a tout for the purposes of section 82-A:

Provided that this section shall not apply where such person is a party to a document intended for registration at such office or has been directed to appear by any process of the registering officer.

80-G. Arrest and trial of touts.--

(1)    Any registering officer may, by an order in writing direct any person named in the order to arrest any such tout found within the precincts of the registration office. Such tout may be arrested accordingly and shall be for with produced before the registering officer.

(2)    If the tout admits his offence the provisions of section 345 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), shall be applicable, so far as may be, to his detention, trial and punishment.

(3)    If the tout does not admit his offence the provisions of section 346 of the said Code shall be similarly applicable to his detention, trial and punishment.

(4)    A registering officer shall be deemed to be a Civil Court for the purposes of sections 345 and 346 of the said Code.".]

[56] [After Section 80

The following section shall be inserted, namely:--

"80-A. Recovery of deficit registration fee.--

(1)   Notwithstanding anything contained in section 80, if, after the registration of a document, it is found that the fee payable under this Act in relation to that document has not been paid or has been insufficiently paid, such fee or the deficit, as the case may be, may, on a certificate of the registering officer, be; recovered from the person who presented such document for registration under section 32, as an arrear of land revenue:

Provided that no such certificate shall be granted unless due inquiry is made and such person is given an opportunity of being heard:

Provided further that no such inquiry shall be commenced after the expiry of such period, after the date of the registration of the document, as may be prescribed.

(2)   The certificate of the registering officer under sub-section (1) shall, subject only to appeal under sub-section (3), be final and shall not be called in question in any court or before any authority.

(3)   Any person aggrieved by a certificate of the registering officer under sub-section (1), may appeal to the Registrar if it is a certificate of the Sub-Registrar or to the Inspector-General of Registration if it is a certificate of the Registrar. All such appeals shall be preferred within such time, and shall be heard and disposed of in such manner, as may be prescribed.".]

Section 81 - Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure

Every registering officer appointed under this Act and every person employed in his office for the purposes of this Act, who, being charged with the endorsing, copying, translating or registering of any document presented or deposited under its provisions, endorses, copies, translates or registers such document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause, injury, as defined in the Indian Penal Code (45 of 1860), to any person, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.

STATE AMENDMENTS

TAMIL NADU:

[57] [Same as in Pondicherry above.

Section 82 - Penalty for making false statements, delivering false copies or translations, false personation, and abetment

Whoever--

(a)   intentionally makes any false statement, whether on oath or not, and whether it has been recorded or not, before any officer acting in execution of this Act, in any proceeding or enquiry under this Act; or

(b)    intentionally delivers to a registering officer, in any proceeding under section 19 or section 21, a false copy or translation of a document, or a false copy of a map or plan; or

(c)    falsely personates another, and in such assumed character presents any document, or makes any admission or statement, or causes any summons or commission to be issued, or does any other act in any proceeding or enquiry under this Act; or

(d)   abets anything made punishable by this Act, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.

[STATE AMENDMENTS

TAMIL NADU:

[58] [Same as in Kerala.

[59] [After Section 82

The following section shall be inserted, namely:--

"82-A. Penalty.--

Whoever acts as a tout whilst his name is included in a list of touts framed and published under this Act shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees or with both."]

TAMIL NADU:

[60] [After section 82, insert as under:

"82A. Penalty.--

Whoever acts as a tout whilst his name is included in a list of touts framed and published under this Act shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees or with both."

Section 83 - Registering officers may commence prosecutions

(1)    A prosecution for any offence under this Act coming to the knowledge of a registering officer in his official capacity may be commenced by or with the permission of the Inspector-General, [61] [***] the Registrar or the Sub-Registrar, in whose territories, district or sub-district, as the case may be, the offence has been committed.

(2)    Offences punishable under this Act shall be triable by any Court or officer exercising powers not less than those of a Magistrate of the second class.

[STATE AMENDMENTS

Tamil Nadu:

[62] [In section 83, in sub-section (2)

The word "Offences", the words, figures and letter "Save as provided in section 80G, offences" shall be substituted.]

[63] [In Section 83

In sub-section (2), for the word "Offences", the words, figures and letter "Save as provided in section 80-G offences" shall be substituted.]

Section 89 - Copies of certain orders, certificates and instruments to be sent to registering officers and filed

(1)    Every officer granting a loan under the Land Improvement Loans Act, 1883 (19 of 1883), shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole or any part of the land to be improved or of the land to be granted as collateral security, is situate, and such registering officer shall file the copy in his Book No. 1.

(2)    Every Court granting a certificate of sale of immovable property under the Code of Civil Procedure, 1908 (5 of 1908), shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate, and such officer shall file the copy in his Book No. 1.

(3)    Every officer granting a loan under the Agriculturists' Loans Act, 1884 (12 of 1884), shall send a copy of any instrument whereby immovable property is mortgaged for the purpose of securing the repayment of the loan, and, if any such property is mortgaged for the same purpose in the order granting the loan, a copy also or that order, to the registering officer within the local limits of whose jurisdiction the whole or any part of the property so mortgaged is situate, and such registering officer shall file the copy or copies as the case may be, in his Book No. 1.

(4)    Every Revenue Officer granting a certificate of sale to the purchaser of immovable property sold by public auction shall send a copy of the certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in the certificate is situate, and such officer shall file the copy in his Book No. 1.

[STATE AMENDMENTS

TAMIL NADU:

[64] [[65] [[[66] [After sub-section (4), insert the following sub-section, namely:--

"(5) Every officer granting, a certificate of sale of immovable property under the Madras Co-operative Land Mortgage Banks Act, 1934, or the rules made under the Madras Co-operative Societies Act, 1932, shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate, and such registering officer shall file the copy in his Book No. 1."

After sub-section (5), insert as under:

"(6) Every officer in charge of collection of the loans mentioned in subsection (1), or sub-section (3) shall send to the registering officer to whom a copy of the order under sub-section (1), or a copy of instrument or order under subsection (3) has been sent, an intimation of the discharge of such loans. Such intimation shall be in such form as may be prescribed and the registering officer shall file the intimation in his Book No. 1."

After sub-section (6), insert as under:

"(7) Every officer granting any deed or other document purporting to be or to evidence, the grant or assignment by the Government of land or of any interest in land, shall send a copy of such deed or other document to the registering officer within the local limits of whose jurisdiction the whole or any part of the land comprised in such deed or document is situate, and such registering officer shall file the copy in his Book No. 1."

[67] [After section 89, insert the following, namely:--

"89A. Power, to make rules for filing copies of documents.--

(1)    Same as in Kerala.

(2)    In particular, and without prejudice to the generality of the foregoing power, such rules may provide for?

(a)    the furnishing of true copies of documents by the person presenting the document for registration;

(b)    Same as (a) in Kerala;

(c)    Same as (b) in Kerala.

[68]2A. Every Court passing an order for effecting or raising an attachment of immovable property under the Code of Civil Procedure, 1908 (5 of 1908), shall send a copy of such order together with the memorandum giving the details of the property to the registering officer within the local limits of whose jurisdiction the whole or any part of the said immovable property is situate, and such registering officer shall file the copy of such order in his Book No. 1.

(3)    Same as in Kerala.

(4)    Every rule made under this section shall, as soon as possible, after it is made, be placed on the table of both the Houses of the State Legislature, and if, before the expiry of the session in which it is so placed or the next session, both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule."

Note.--For Indian Registration (Filing of True Copies) Rules, 1967, see Fort St. Geo Gazette, 11-2-1967, Pt. V, Extra., p. 1.

[69] [After section 89A, insert as under:

"89B. Power to make rules regulating the writing of documents.--The State Government may make rules providing for the grant of licences to document writers, the terms and conditions subject to which and the authority by whom such licences shall be granted, the circumstances under which such licences may be revoked, and generally for all purposes connected with the writing of documents to be presented for registration.

[70] [After Section 89

The following section shall be inserted, namely:--

"89-A. Power to make rules for filing of copies of documents.--

(1)   The State Government may make rules for all purposes connected with the filing of true copies of documents in the appropriate books under this Act.

(2)   In particular, and without prejudice to the generality of the foregoing power, such rules may provide for?

(a)    the furnishing of true copies of documents by the person presenting the document for registration;

(b)    the manner in which true copies of documents shall be prepared; and

(c)    the manner of filing of such copies. 

(3)    All rules made under this section shall be published in the Official Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

(4)    Every rule made under this section shall, as soon as possible, after it is made, be placed on the table of both Houses of the State Legislature, and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.".]

[71] [After Section 89

After section 89-A of the Registration Act1908 (Central Act XVI of 1908), the following section shall be inserted, namely:--

"89-B. Power to make rules regulating the writing of documents.--

The State Government may make rules providing for the grant of licences to document writers, the terms and conditions subject to which and the authority by whom such licences shall be granted, the circumstances under which such licences may be revoked, and generally for all purposes connected with the writing of documents to be presented for registration.]

[72] [In Section 89

After sub-section (6), the following sub-section shall be added, namely:--

"(7) Every officer granting any deed or other document purporting to be or to evidence, the grant or assignment by the Government, of land or of any interest in land, shall send a copy of such deed or other document to the registering officer within the local limits of whose jurisdiction the whole or any part of the land comprised in such deed or document is situate, and such registering officer shall file the copy in his Book No. 1.".]

[73] [In Section 89

After sub-section (2), the following sub-section shall be inserted, namely:--

"(2-A) Every Court passing an order for effecting or raising an attachment of immovable property under the Code of Civil Procedure, 1908 (Central Act V of 1908), shall send a copy of such order together with the memorandum giving the details of the property to the registering officer within the local limits of whose jurisdiction the whole or any part of the said immovable property is situate, and such registering officer shall file the copy of such order in his Book No. 1.]

[74] [After sub-section (5) of section 89 of the Registration Act1908 (Central Act XVI of 1908), the following sub-section shall be added, namely:--

"(6) Every officer in charge of collection of the loans mentioned in sub-section (1), or sub-section (3) shall send to the registering officer to whom a copy of the order under sub-section (1) or a copy of instrument or order under sub-section (3) has been sent, an intimation of the discharge of such loans. Such intimation shall be in such form as may be prescribed and the registering officer shall file the intimation in his Book No. 1.]

[75] [In section 89 of the principal Act,--

(1)   In the marginal heading, after the expression "and filed", the expression "or scanned" shall be inserted;

(2)    After the expression "in his Book No. 1" wherever it occurs, the expression "or get it scanned" shall be inserted.]

Section 89A

Schedule I - THE SCHEDULE

THE SCHEDULE

Repeal of enactments.--[Repealed by the Repealing Act, 1938 (1 of 1938), section 2 and Schedule]

[STATE AMENDMENTS

[76] [Tamil Nadu:

After section 91, insert the following Schedule, namely:--

"THE SCHEDULE

[See section 52(5)]

1.     In section 19 omit the words "and also by a true copy".

2.     In section 45,-- 

(a)    in sub-section (1), for the words etc. "cause the contents thereof to be copied into his Book No. 3", substitute the words, etc. "cause a true copy of the contents thereof to be made and filed in his Book No. 3"; and

(b)    in sub-section (2) for the words "copy has been made", substitute the words "true copy has been filed". 

3.     In sub-section (2) of section 46,-- 

(a)   for the words "unless the will has been already copied", substitute the words "unless a true copy of the will has already been filed"; and

(b)    for the words etc. "cause the will to be copied into his Book No. 3", substitute the words "cause a true copy to be made and filed in his Book No. 3". 

4.     In section 51,-- 

(a)    for sub-section (2), substitute the following sub-section, namely:--

"(2) In book I shall be filed--

(i)??? true copies of all documents; and

(ii)??? all memoranda, registered under sections 17, 18 and 89, which relate to immovable property, and are not wills."; and

(b)    in sub-section (3), for the words "entered all documents", substitute the words "filed true copies of all documents". 

5.     In section 54, for the words "copied or filed", substitute the words "filed a true copy of, or".

6.     In section 55,-- 

(a)    in sub-section (2), for the words "every" document entered or memorandum filed", substitute the words "every document of which a true copy or memorandum is filed";

(b)    in sub-section (4), for the words etc. "every will and authority entered in Book No. 3", substitute the words, etc. "every will and authority of which a true copy is filed in Book No. 3"; and

(c)    in sub-section (5), for the words "document entered", substitute the words "document of which a true copy is filed". 

7.     In sub-section (1) of section 60, for the words "the document has been copied", substitute the words the "true copy of the document has been filed".

8.      In sub-section (1) of section 61, omit the words "margin of".

9.      In section 62, for sub-section (1), substitute the following:--

"(1) When a document is presented for registration under section 19, the translation together with the true copy of the document be filed in the appropriate book."

 

 

 

 

 

 

 

 

 

 



[1] Substituted by the A.O. 1950, for "a Native of India" (w.e.f. 26-1-1950).

 

[2] The words "his caste (if any) and" omitted by Act 17 of 1956, Section 2 (w.e.f. 6-4-1956).

[3] Inserted by Act 3 of 1951, Section 3 and Schedule (w.e.f. 1-4-1951).

[4] Clause (11) Inserted by the A.O. 1950, and omitted by Act 3 of 1951, Section 3 and Sch (w.e.f. 1-4-1951).

 

[5] Vide Tamil Nadu Act 38 of 1987, Section 3 (w.e.f. 18-1-1988).

[6] Inserted by the Registration (Tamil Nadu Second Amendment) Act, 2000.

[7] Substituted by the A.O. 1950, for "Provincial Government".

[8] Substituted by the A.O. 1950, for "Provincial Government".

[9] Substituted by the A.O. 1950, for "Provincial Government".

[10] Inserted by Registration (Tamil Nadu Second Amendment) Act, 2000.

[11] Added by Act 21 of 1929, section 10.

[12] Substituted by the A.O. 1950, for "Provincial Government".

[13] Substituted by the A.O. 1937, for "Local Official Gazette".

[14] Inserted by Act 48 of 2001, section 3 (w.e.f. 24-9-2001).

 

[15] Substituted by Act 48 of 2001, section 3, for "any document" (w.e.f. 24-9-2001).

[16] Substituted by Act 21 of 1929, 2, for "and any award".

[17] Substituted by the A.O. 1950, for "Crown".

[18] Inserted by Act 39 of 1948, section 2.

[19] Inserted by Act 2 of 1927, section 2.

 

[20] Vide Tamil Nadu Act 38 of 1987, section 3 (w.e.f. 1-1-1988).

[21] Substituted by Registration (Tamil Nadu Amendment) Act, 2012 (Act 29 of 2012).

[22] Vide Tamil Nadu Act 21 of 1966.

[23] Inserted by the Registration (Tamil Nadu Amendment) Act, 2000.

[24] Substituted by the A.O. 1950, for "Provincial Government".

[25] Substituted by the A.O. 1950, for "Provincial Government".

[26] Substituted by Registration (Tamil Nadu Amendment) Act, 2008 (Act 02 of 2009).

 

[27] Substituted by Registration (Tamil Nadu Amendment) Act, 2009 (Act 02 of 2009).

[28] Inserted by Registration (Tamil Nadu Amendment) Act, 1994.

[29] Inserted by Act 15 of 1917, Section 2.

[30] Vide Tamil Nadu Act 17 of 1952, Section 2 (w.e.f. 14-1-1953) as adapted by Tamil Nadu A.L.O., 1954.

[31] Substituted by Act 33 of 1940, section 3, for "and (d)".

[32] Substituted by Act 33 of 1940, section 3, for "and (c)".

 

[33] Substituted by Registration (Tamil Nadu Amendment) Act, 2012 (Act 29 of 2012).

[34] Added by Registration (Tamil Nadu Amendment) Act, 2012 (Act 29 of 2012).

[35] Inserted by the Registration (Tamil Nadu Amendment) Act, 1997.

[36] Inserted by Registration (Tamil Nadu Amendment) Act, 2012 (Act 29 of 2012).

 

[37] Inserted by the Registration (Tamil Nadu Amendment) Act, 2000.

[38] Inserted by the Registration (Tamil Nadu Amendment) Act, 2000.

[39] Substituted by Registration (Tamil Nadu Amendment) Act, 2012 (Act 29 of 2012).

[40] Inserted by the Registration (Tamil Nadu Second Amendment) Act, 2000.

[41] Inserted  by Act 48 of 2001, section 7 (w.e.f. 24-9-2001).

 

[42] Vide Tamil Nadu Act 21 of 1966, section 2 (w.e.f. 1-4-1967).

[43] Inserted by the Registration (Tamil Nadu Amendment) Act, 2000.

 

[44] Substituted by Indian Stamp and the Registration (Tamil Nadu Amendment) Act, 2006 (Act 13 of 2008).

[45] Vide Tamil Nadu Act 21 of 1966, section 6 and Schedule.

[46] Inserted by the Registration (Tamil Nadu Second Amendment) Act, 2000.

[47] Vide Tamil Nadu Act 21 of 1966, section 6 and Schedule.

[48] Substituted by Registration (Tamil Nadu Amendment) Act, 2012 (Act 29 of 2012).

[49] Inserted by the Registration (Tamil Nadu Second Amendment) Act, 2000.

 

[50] The words "Subject to the control of the "Governor-General in Council" omitted by Act 38 of 1920, section 2. and Schedule I.

[51] Substituted  by the A.O. 1950, for "Provincial Government".

[52] Vide Tamil Nadu Act 1 of 1998, section 2 (w.e.f. 2-3-1998).

[53] Vide Tamil Nadu Act 31 of 1982, section 2 (w.e.f. 5-9-1983).

[54] Vide Tamil Nadu Act 38 of 1987, section 3 (w.e.f. 1-1-1988).

 

[55] Inserted by Indian Stamp and the Registration (Tamil Nadu Amendment) Act, 1987 (Act 38 of 1987).

[56] Inserted by Registration (Tamil Nadu Amendment) Act, 1982 (Act 31 of 1982).

[57] Vide Tamil Nadu Act 21 of 1966, section 3 (w.e.f. 1-4-1967).

[58] Vide Tamil Nadu Act 21 of 1966, section 4 (w.e.f. 1-4-1967).

[59] Inserted by Indian Stamp and the Registration (Tamil Nadu Amendment) Act, 1987 (Act 38 of 1987).

[60] Vide Tamil Nadu Act 38 of 1987, section 3 (w.e.f. 1-1-1988).

[61] The words "the Branch Inspector-General of Sindh", omitted by A.O. 1937.

[62] Vide Tamil Nadu Act 38 of 1987, section 3 (w.e.f. 1-1-1988).

[63] Substituted by Indian Stamp and the Registration (Tamil Nadu Amendment) Act, 1987 (Act 38 of 1987).

[64] Vide Tamil Nadu Act 3 of 1936, section 2 (w.e.f. 21-1-1936).

[65] Vide Tamil Nadu Act 31 of 1974, section 2 (w.e.f. 1-10-1974).

[66] Vide Tamil Nadu Act 31 of 1982, section 3 (w.e.f. 5-9-1983).

[67] Vide Tamil Nadu Act 21 of 1986, section 5 (w.e.f. 1-4-1967).

[68] Inserted by Tamil Nadu Act 3 of 1987, section 2 (w.e.f. 1-4-1987).

[69] Vide Tamil Nadu Act 26 of 1981, section 2.

[70] Inserted by Indian Registration (Madras Amendment) Act, 1966 (Act 21 of 1966).

[71] Inserted by Registration (Tamil Nadu Amendment) Act, 1981 (Act 26 of 1981).

 

[72] Added by Registration (Tamil Nadu Amendment) Act, 1982 (Act 31 of 1982).

[73] Inserted by Registration (Tamil Nadu Amendment) Act, 1986 (Act 03 of 1987).

[74] Inserted by the Registration (Tamil Nadu Amendment) Act, 1974.

[75] Inserted by the Registration (Tamil Nadu Second Amendment) Act, 2000.

[76] Vide Tamil Nadu Act 21 of 1966, section 6 (w.e.f. 1-4-1967).