THE ANDHRA PRADESH REGISTRATION (PROHIBITION OF REGISTRATION OF CERTAIN DOCUMENTS OPPOSED TO PUBLIC POLICY) RULES, 1999

[1][THE ANDHRA PRADESH REGISTRATION (PROHIBITION OF REGISTRATION OF CERTAIN DOCUMENTS OPPOSED TO PUBLIC POLICY) RULES, 1999]

PREAMBLE

In exercise of the powers conferred by sub-section (1) of Section 22-A of the Registration Act, 1908 (Central Act 16 of 1908), the Governor of Andhra Pradesh hereby makes the following Rules, namely:

Rule - 1. Short title.

These Rules may be called the Andhra Pradesh Registration (Prohibition of Registration of Certain Documents Opposed to Public Policy) Rules. 1999.

Rule - 2. Class of Documents opposed to public policy.

The Registration of the following classes of documents shall be considered opposed to public policy within the meaning of Section 22-A of the Registration Act, 1908, namely:

(a)      Documents relating to transfer of immovable property, the alienation or transfer of which is prohibited under any statute of the State or Central Governments;

(b)      Documents relating to transfer of property by way of sale, agreement of sale, gift, exchange or lease in respect of immovable properties owned by the State or Central Governments, executed by persons other than those statutorily empowered to do so;

(c)      Documents relating to transfer of property by way of sale, agreement of sale, gift, exchange or lease exceeding (ten) 10 years in respect of immovable property, owned by Religious and Charitable Endowments falling under the purview of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 or by Wakfs falling under the Wakfs Act, 1995 executed by persons other than those statutorily empowered to do so;

(d)      Agricultural or urban lands declared as surplus under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 or Urban Land (Ceiling and Regulation) Act, 1976.

Rule - 3. Proposals by District Collectors.

(1)     The District Collectors may send proposals to the State Government for issuing a notification referred to in subsection (1) of Section 22-A of the Registration Act, 1908 after satisfying themselves that the immovable property falls within the categories specified in Rule 2 and that the title of the department or agency seeking prohibition of registration is undisputed or that the statutory/process laid down has been duly followed before seeking prohibition of registration.

(2)     The proposal of the District Collector shall contain the reasons for recommending prohibition of registration against each property.

Rule - 4. Notification by the State Government.

(1)     The State Government may, suo moto. or on receipt the proposal from the District Collector under Rule 3, notify from time to time, the complete description of the immovable property, in respect of which registrations are to be prohibited.

(2)     The notification shall be in the format specified in the Annexure and shall be published in the A.P. Gazette.

(3)     The Government may denotify any property notified under this Rule, if it is satisfied that the prohibition of registration of said property is no longer warranted.

Rule - 5. Responsibility of Registering Officer.

(1)     It shall be the responsibility of the registering officer to ensure that no document, the registration of which is prohibited by issuance of a notification by the Government, is registered in respect of the properties situated in his jurisdiction.

(2)     The registering officer shall refuse to register any document relating to any property in respect of which a notification has been issued by the Government under Rule 3.

(3)     the details of the properties covered by the notification shall be recorded either in a register or in a computer for easy reference for compliance of sub-rule (1).

(4)     Whenever any property in respect of which a notification was issued, is subsequently denotified, the registering officer shall make an entry to that effect in the relevant register or computer system.

ANNEXURE

In exercise of the powers conferred under Section 22-A of the Registration Act, 1908 (Central Act 16 of 1908) as subsequently amended by the Registration (Andhra Pradesh Amendment) Act, 1999 (Andhra Pradesh Act No. 4 of 1999), the Governor of Andhra Pradesh hereby declares the registration of documents of immovable properties mentioned below as opposed to public policy.

AGRICULTURAL PROPERTIES:

NON-AGRICULTURAL PROPERTIES:

District:

Town: