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Tamil Nadu Online Registration Rules, 2022

Tamil Nadu Online Registration Rules, 2022

Tamil Nadu Online Registration Rules, 2022

 

[12th September 2022]

Rule - 1. Short title.


These Rules may be called the Tamil Nadu Online Registration Rules, 2022.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires,-

(a)      "Act" means the Registration Act, 1908 (Central Act XVI of 1908).

(b)      "Online Registration" means online or electronic registration of documents.

(2)     The words and expressions used, but not defined herein shall have the same meaning as are respectively assigned to them in the Act and the Information Technology Act, 2000 (Central Act 21 of 2000) and the Tamil Nadu e-Registration Rules, 2019.

Rule - 3. Online registration module.


The Online Registration module may be accessed through the designated website of the Registration Department for creation of documents. The software shall allow the user to incorporate the required specific legal and other details.

Rule - 4. Online execution of documents.


For the purpose of Online execution and registration of documents, appending of biometric thumb, capturing of fingerprint, capturing of digital photo through the software module, and Aadhaar number of the executants and the attesting witnesses are mandatory. The captured finger print shall be compared with Aadhaar database for proving the identity of the executants and witnesses.

Rule - 5. Procedure for presentation of documents for registration.


A duly executed document shall be verified through Aadhaar database and shall be presented for registration through online along with the fee for registration.

Rule - 6. Procedure and time for registration.

(1)     The registration process shall not commence unless all the mandatory information are filled.

(2)     The online submission can be made 24x7 hours, but the time for registration shall be the office working hours.

(3)     Every party shall be responsible for cross verification of the identity of the other parties. It shall be presumed that, the parties appending the fingerprints are known to each other and have themselves confirmed that, each party has valid authority and right to sign the document.

(4)     For the purpose of these Rules, it shall always be construed that, appending signature to the document shall mean executing, accepting and admitting the document.

(5)     While accepting the document for registration, the Registering Officer shall ensure that,-

(a)      the document is in conformity with the provisions contained in the Act and Rules, orders/circulars issued thereunder and also that it conforms to the provisions contained in any other enactment which has bearing on registration of a document.

(b)      the stamp duty, registration fee and any other amount legally chargeable in respect of the document has been duly paid.

(c)      the registration of the document is not prohibited by any other law or order of the Court.

Rule - 7. Mode of payment of registration fee and other fees.

(1)     For online registration, the stamp duty and the registration fee payable under the Indian Stamp Act, 1899 (Central Act II of 1899) and the Registration Act, 1908 (Central Act XVI of 1908), respectively shall be paid online through the module developed by the Registration Department, Government of Tamil Nadu.

(2)     If there is any discrepancy in the payment of fee, stamp duty or other charges, it shall be subject to recovery by the appropriate authority.

Rule - 8. Online registration.

(1)     On scrutiny of document, if it is found that there is no impediment for registration of the document, it shall be registered by adhering to the due procedure laid down in law.

(2)     The registered documents shall be delivered to the login from which the executed document is submitted for registration and shall also be communicated to the said person electronically through email. The party concerned may take colour print of the registered document.

(3)     On scrutiny of document, if it is found that there is any impediment for registration of the document, the document, along with the details of impediment to be rectified shall be sent to the login from which it is submitted for registration.

On receipt of the same the party concerned shall rectify the impediment and resubmit the document for registration. If the same is found to be in order, the registering authority shall register the document.

Rule - 9. Applicability of Indian Stamp Act.

(1)     The provisions contained in the Indian Stamp Act, 1899 (Central Act II of 1899) shall apply to the documents registered under these Rules.

(2)     Stamp duty and Registration fee for e-Registration or e-filing shall be the same as provided in the Indian Stamp Act, 1899 (Central Act II of 1899) and in the Table of fees prescribed under section 78 of the Act, respectively.