[41
OF 2022] [06th
August 2022] An Act further to amend the
Registration Act, 1908 in its application to the State of Tamil Nadu Be it enacted by the
Legislative Assembly of the State of Tamil Nadu in the Seventy-second Year of
the Republic of India as follows:- (1)
This Act may be called the Registration
(Tamil Nadu Second Amendment) Act, 2021. (2)
It extends to the whole of the State of Tamil
Nadu. (3)
It shall come into force at once. "(5-A)
"forged document" shall have the same meaning assigned to it in
section 470 of the Indian Penal Code, 1860;". "22-B.
Refusal to register forged documents and other documents prohibited by law.- Notwithstanding anything
contained in this Act, the registering officer shall refuse to register the
following documents, namely:- (1)
forged document; (2)
document relating to transaction, which is
prohibited by any Central Act or State Act for the time being in force; (3)
document relating to transfer of immovable
property by way of sale, gift, lease or otherwise, which is attached
permanently or provisionally by a competent authority under any Central Act or
State Act for the time being in force or any Court or Tribunal; (4)
any other document as the State Government
may, by notification, specify.". "77-A.
Cancellation of registered documents in certain cases.- (1)
The Registrar, either suo moto or on a complaint
received from any person, is of the opinion, that registration of a document is
made in contravention of section 22-A or section 22-B, shall issue a notice to
the executant and all the parties to the document and parties to subsequent
documents, if any, and all other persons who, in the opinion of the Registrar,
may be affected by the cancellation of the document, to show cause as to why
the registration of the document shall not be cancelled. On consideration of
reply, if any received therefor, the Registrar may cancel the registration of
the document and cause to enter such cancellation in the relevant books and
indexes. (2)
The power under sub-section (1) may also be
exercised by the Inspector General of Registration. 77-B.
Appeal.- (1)
Any person aggrieved by an order of the
Registrar under sub-section (1) of section 77-A may prefer an appeal to the
Inspector General of Registration within thirty days from the date of
cancellation of the document and the Inspector General of Registration shall
pass an order confirming, modifying or cancelling the order of the Registrar. (2)
In the case of an order passed by the
Inspector General of Registration under sub-section (2) of section 77-A, an
appeal shall lie to the State Government within thirty days from the date of
the order.". "81-A.
Penalty for registering documents in contravention of sections 22-A and 22-B.- (1)
Every registering officer appointed under
this Act and every person employed in his office for the purposes of this Act,
who, being charged with registering the documents presented for registration
under this Act, registers documents in contravention of section 22-A or section
22-B, shall be punishable with imprisonment for a term which may be extended to
three years, or with fine, or with both. (2)
Nothing contained in this section shall apply
in the case of registration of a document made in good faith. Explanation.- For the
purpose of this sub-section, the expression "good faith" means any
act believed or done by a person in good faith with due care, caution and sense
of responsibility or by mistake of fact believing himself justified by law under
section 79 of the Indian Penal Code, 1860. 81-B.
Offences by companies.- (1)
Where an offence under this Act has been
committed, by a company, every person who, at the time the offence was
committed, was in-charge of, and was responsible to, the company for the
conduct of the business of the company, as well as the company, shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly: Provided that nothing
contained in this sub-section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge
or that he had exercised all due diligence to prevent the commission of such
offence. (2)
Notwithstanding anything contained in
sub-section (1), where any offence under this Act has been committed by a
company and it is proved that the offence, has been committed with the consent
or connivance of, or it attributable to, any neglect on the part of any
director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall be deemed to be guilty of that
offence and shall be, liable to be proceeded against and punished accordingly. Explanation.- For the
purposes of this section,- (a)
"company" means any body corporate
and includes a firm or other association of individuals, and (b)
"director" in relation to a firm
means a partner in the firm.".Registration
(Tamil Nadu Second Amendment) Act, 2021
In section 2 of the Registration Act, 1908 (hereinafter referred to as the
principal Act), after clause (5), the following clause shall be inserted,
namely:-
After section 22-A of the principal Act, the following section shall be
inserted, namely:-
After section 77 of the principal Act, the following sections shall be
inserted, namely:-
After section 81 of the principal Act, the following sections shall be
inserted, namely:-