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476

Indimt Registration [I936 :T.N. Act III


(Tamil Nadu Amendment)
P A M I L NADU] ACT No. 111 OF 19362.

[THE INDIAN REGISTRATION


('[TAMILNADU] A ~ Y D
MENT) ACT, 1935.1
(Received the assent of the Qovernor on the 6th Decetnber 1935, and titat of the Qovernor-General on the
30th December 1935; the assent of tile QovernorGeneral ivris Jirst published in the Fort St. George
Gazette of the 21st Jartllary 1936.)

An Act further tc amend the Indian Registration


Act, 1908, in its application to the "State of
Tamil Nadu] for a certain purpose.
Central
Act XVI
of 1908.

WHEREAS
it is expedient to amend the India11 Registration Act, 1908, in its appllcdtion to the a [ S t a t ~of
Tamil fiJu], for the purpose hereinafter appearing ;
Aso WHEREASthe previous sq~~ction
of tltc
Govenlor-Gcncral has bccn obtai11cJ to the pas?i~lg
of this Act ; It i, hercby cuactcd as f~)llows:-

Short title

1. This Act nlay be c;llled t h Zncliutl


~
Registl.ation
('[Tamil Natlu] Amendment) Act, 1935.
------

I
_

1These words were substitnted for llle word *' Madras " by the
TLllnilNadu Addptation of L , ~ w sOrder, 1969, as smcnded by tht:
rdmil &du Adaptation of L,iws (Second Amcl~drncnt)Ordcr, 19b').
r For Statclncnt of Objcct.; and Ilo;au~a,
S(V Fort St. GL'o,~~.
Gate[te,ddfed tllc 15th Octobcr 1935, Part iV, p.306.
his ~ c t wextended
; ~ ~ to the K ~nyaku~uaci
district . ~ n dthe S I I ~ ~ .
=ottahtaluk ot'the Tirunelvali district by section 3 of, and the F1r;t
Schedule to, the Tnmil Nndu ('l'ransrcrreti .TCII itor4) Fxtension
1.aws Act, 1960 (Tamil Ni~tluAc1 23 01 1900). repealing tllc
correspont\iny 1 . 1 ~in force i l l tllnt territ0.y.

a This ex ression was substituted for the euprcision


d e w of Ma&wi '* by dl. T.lmil Nada Adrptotio~lof Laws or&,
1970, which was d e a d to hovc conla into force or1 t lle 14th Jnnuar
1969.

I:

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1936 :T.N. Act

Irzdian Registratton (Tamil 477


Nadti Amendment)

2. After sub-section (4) of section 89 of the Indian Amendment


Registration Act, 1908, the following sub-section shall 89,
of section
Act XVI

Nad~lI
,

i
I
I

be added, namely:OF 1908.


('(5) Every officer granting a certificate of sale
of immovable property under the *'[Tarnil Nadu] Cooperative Land Mortgage Banks Act, 1934, or thc
rules made under the -]-MadrasCo-operative Societies
Act, 1932, shall send a copy of such certificate to the
registering officer withill 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. I. "

11/I

1
I
I1

1
I

/I

1,I
1
I

'

I/

II

1I

t:

- - - -

These +vords were suba~~tt~ted


for the word " Madras " by the
Tamil Nadu Ad,~pl:~tion
of Laws Order, 1969, as amended by the
'r.11nil Nndu Ad,tpt;r~iouof Laws (Second Amendment) Order, 1969.
* 1 ' 1 1 ~:,llort litlc of this Act llas now been changcd us the Tamil
N,t~ltt C o operirtivc L.und:Dcvcloprncnt Banks Act, 1Y34(Tamfl ad^
Act X 01 l!J34)*
J. see now t llc Tamil Nadu Co-operativeSocieties Act, 1961 (Tamil
Nndu Act 53 or 1961).

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FAMIL NADU] ACT No. 21 OB 1966.2

E INDIAN REGISTRATION

(1ITAMTT- N A nt 11

.+

ed the assent o f the hesident on the 22nd

nprprnhor

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BE it enacted by the Legislature of the 3[State of Tamil
adu] in the Seventeenth Year of the Republic of India
Short title,
extent and
Commencement.

(2) It extends to the whole of the 3[State of Tamil


Nadu!.
(3) It shall come into force on such date as tl~e
State Government may, by notification, appoint.

2. In section 52 of the Indian Registration Act, Amendment


52,
1908 (Central Act XVI of 1908) (hereinafter referred to as section
CentralAct
the principal Act),XVI of 1908.
)

in sub-section (11,-

(iii) clause (c) shall be omitted ;

I~

T h s e words we; substitci;~i


:he word "Madras" by the
il Nadu Adaptation of Laws Order, 1969, as amended by the
il Nadu Adaptation of Laws (Second Ainer~drnent)Order, 1969.
or Statement of Objects and Reasons, see Fort St. George
te Extraordinary, dated the 28th October 1966, Part Nn 3, pages 650-65 1.

of
,
,

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(Tamil Nadu Amendment) 11966 : T. N. A&.U
, .
574, Indian
,..,,..,,.Registration
...(b) after sub-section (I), the following sub-sections
shall be inserted, namely :,.

"(1-A) Subject to the provisions contained 'id


section 62, where any document, not being of the class
specified in the rules made under sub-section (3), is admitted
to -registration, it shall, with~utunnecessary delay, be
copied in the appropriate book according to the order<ofits
admission.
1

'

11

(1-B) Subject to the provisions contained in


section 62 and in the rules made under sub-sections (3)
and (4) and under section 89-A, where any document of
the class specified in the rules made under sub-section
(3) is admitted to registration, a true copy thereof'shall,
without uunecessary delay, be filed in the appropriate
book according to the order of its admission.'' ;
'

'

(c) after sub-section (2), the following sub-sections


shall be added, namely :-

"(3) The State Government may, from time to


time, specify by rules the classes of documents in respect of
which true copies sball be filed in the appropriate book
under sub-section (I-B). (4) The true copy referred to in sub-section (I-B),
shall be neatly handwritten, printed, typewritten, lithographed, or otberwise prepared in accordance with such
rules as may be made in this behalf,
I

(5) 7he provisions of t a ~ sA c t shall, in their


application to the classes of documents specified in
the rules ms.de under sub-section (3), have effect subject
to the modiflcafions set out in the Schedule,".

Araaadrnent of
redion 81.
.
Central A'ct
XVI of 1908.

3. In se~tion81 of the principal Act,--

(i) in the marginal heading, for the words "or


registering", the words "re stering or filing" shell be
substituted ;

s'

(ii) for the words "or registering of any document*',


the words "registering, or filing a true copy, of any
document" shall be substituted ;

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In clause (b) of section 82 of the principal Act, for Amendment of


words and figures "under section 19 or section 21 ,!sectton
Central82,
Act
words:"under this Act or the rules made thereunder XVI of 1908.

4.

99

ular, and without prejudice to the


oing power, such rules may provide

(a) the furnishing of true copies of documents


g the document for registration ;
"
(b) the manner in which true
copies of docu.
ments shall be prepared ; and
. (c) the manner of filing of such copies.
'>

rule shall thereafter have effect


or be of no effect , as the case
be, so however, that any such modificatior~or annulshall be without prejudice to the validity of anything
ously done under that rule.".

. After section 91 of the principal Act, the following Schedule


Insertion of
in

dule shall be inserted, namely :-

Central Act
XVI of 1908.

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Xegistrutiorl (Tanzil Nadu Amendnzent) [I966 : T . N. Act 21

"THE SCHEDULE
[See section 52 (5);j
MODIFICATION 08 CERTAIN
PROVISIONS OF THE ACT.

1. In section 19, omit the words "and also by a truc


copy
2. Ia section 45,in sub-s&ion (I), for the words and figure
the contents thereof to be copied into his Book
N ~ 3".
. substitute the words and figure "cause a true Copy
nf the coiltents 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-seclion (2) of section 46,(a) for the woras "unless the will has been already
copied", substitute the words "unless a true copy of the
will has alrea&y been filed" ; and
(b) for the words and figure "cause
be copied into his Book NO. 3", substitute the
figure "cause a true copy of the will 'to be ma
in his book NO. 3".
4. In section 51,

(a) for sub-section (2), substitute the followin


sub-section, namely :-

"(2) I n Book I shall be filed,-(i) true copies of all documents ; and

(ii) all memoranda,

registered under section@7, 18 and 89 which,relate


immovable property, and are not wills." ; and
I

--

(b) in sub-sectiop (3), for the word


documents", substitute the words "filed true copies of
documents".
..

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Act

5, ' f l -'seoti04l 54, for fhe words "copied or filed"

~?bstitutethe words "filed a trae conv nf

nr*'

in sub-section (2), for &hewords "every document


d ar memorandum filed", substitute the words

(a)

ment of which a true copy, or mrmoxa.andum.

in sub-section (4), for the words and figure


11 and authority entered in Book No. 3", substiords and figure "every will and ~uthoritv
of
*
;which a true copy is filed in Book No, 3" : and
(c) in sub-section

(9, for

the wolds "document


tered", substitute the words "document of which 6
e copy is filed "

7. In sub-section (1) of section 60, for the words ''the


ocument has been copied", substitute the words at he
e copy of the documelit has been filed

".

1:

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

fi "he margin of
In ,secti

ring sub-

".

62, for sub


ion, nam,ely

substitute I

"(1) When a docurnent is presented for registration


under section 19, the translation together with the true
@ , ~ o of
~ vthe document s'hall be filed in the an~rooriate

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4&

hegistra tion
[lH4 :T.N. Act 31
(Tamil Nadu Amendme t )

TAMIL NADU ACT NO. 31 OF 1974."


THE REGISTRATION (TAMIL NADU
AMENDMENT) ACT, 1974.

IReceived the assent of the President on the 11th July 1974,


first published in the Tamil Nadu Government Gazette
Extraordinary on the 16th July 1974 (Ani 32, Anantha
(2005-Tiruvalluvar Andu)).]

I
I

An Act further to amend the Registration Act, 1908,


in its application to the State of Tamil Nadu.

BB it enacted by the Legislature of the State of Tamil Nadu


in the Twenty-fifth Year of the Republic of India as
follows :Short title,
1. (1) This Act may be called the Registration (Tamil
extentand
Nadu
Amendment) Act, 1974.
commencement.
I
I

(2) It extends to the whole of the State of Tamil Nadu.

I
I

(3) It shall come into force on such date as the State


Government may, by notification, appoint.
I

Amendment

of section 89,

Centrai

Act XVI of

1908.

2. After sub-seation (5) of section 89 of the ~ e ~ i b t r a t i o n


Act, 1908 (Central Act XVI of 1908), the following subsection shall be added. namely :-

'' (6) Every officer in charge of collection of the loans


mentioned in sub-section (I), or sub-section (3) shall send
to the registering officerto 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.

".

* For Statement

of Objects and Reasons, see Tany'l

~ ~ v e r n m e nGazette
f
Extraordinary, dated the 7th March
part IV--Section 1, Page 23.

Nudu
1974,

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W8

pegistratfgn

(Tamil Nc du Amendment)

THE PEC3iSTRATmN T A W N
AMBNDMENT)

43

[$9M 1 T&

Ab, 1981.

[Received the assent of the Preddeen: on t& I## Muy 1981,


first published in the Tamil Nadq Governmo~tQ3qttq,
Extraordinary on the 8th M ~ Y198! - (Chf#@;
Thunmathi-20~2-TinivaIIup~tI
Ban&) .]

'

*.+

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Act further to ammd the Reglrtration Act, 1908,\ in &it$*
applicarion to the State of Tanil Nr;&.
Be it enacted by the @$slature of t b S@te of'Tamil
Nadu in the Thirty-second Year of the Repbblic QP @diq
...
as follows :1. (1) This Act may be cailed tbe Registration flaw
Short title,
extent and WQ. Nadu ,I*~endrnetlQAct, 1981
mencement.
(2) It extends to the whole of the State of
l

Nadu.

(3) It shall come into force on such dab as


State Government Kay, by notification, appoint.
2. After section 89-A of the Registration Act, 1908

Insertion of
new section (Central Act XVI of 1908), thelfollowing sedlon &&
89-Bin CenWaI inserted, namely :-.
Act XVIof
1908.
"89-Be Power to make d e s regulating the writing

a,

doments.-llae State Govarrunent may


rufea
providing to the grant of licences to documant nn),@rs,
& terms and conditions subject to which and the authority
by whom such licences shall be granted, the circumstaq~
under which such Bcences may be revoked, and ge9~;rafly
for all purposes connected with the writing of documents
. .
to be presented for redstration.
3. (1) If on the date of commencement of thIg Act-;:Repeal of
corresponding there is any provision of law in force in the transfwd . .
provision of territory co~resporrdingto
section 89-Bof the Registration - r
~ c t 1908
,
(Central Act XVI of 1908) as iuserted by sWod
transferred
law
in the
territory.
2 of this Act (hsreinaftet in this section referred to as
=responding provision of law) such correspondMg: :
of lavv in force in the transferred territory h~
*
stand repealed.
- * par Statcmcnt of Objects and Reasons ST^ 5 ~ 3 '

.mYemment
~ m e t t Extraordinary,
e
dated the 24th January
p grt ~V-eotion 1. page 45.
i

- - \ %

.$
b

. -

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(2) Notwithstanding such repeal, anything done or


ariy action takdn or any rule made under the corresponding provision of law shall be deemed to have been
done or taken or made under section 89-B of the Registration P ct, 1908 (Central 4 ct XVI of 1908) as inserted
by section 2 of this Act.

r &xpZmtion.-$or

the purpose of this section, the

expression ,''transferred territory" shall mean the


KWyfik&xiarikdiBttictand the Shencottah Taluk of the
Tiruxielveii district.

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1982 : T.N. Act 311

Rtagi.s+tr,it/~tt( I"mti1 N4tt!ti


Amt nclment )

11 1')

TAMIL NADU ACT NO. i31 OF 1982.*

THE REGISTRATION (TAMIL 3ADU AMENDMENT)AOT, 1982.


[Received the assent of the President on the 31st May 1982,
first published in the T~~rnil
Nadu Gow rnment Gazette
Extraordinary, on the 5th June 1982 (Yaikasi 22,
Thunthubi, Thiruvallur Aandu-2013).j

An Act further io amend the Registration Act, 1908 in its


application to the State of Tamil Nadu.
Be it anacted by the Legislature of the Stzte of Tamil
Nadu io the Thirty-third Year of the Republic of India as
fcllows :-

1. (1) This Act may be c~.lledthe Registration (Emil short till .


extent an$
commence(2) It extends to the whole of. the State of Tamil meat.

Nadu Amendment) Act, 1982.


Nadu.

(3) It shall come into fot ce or, such dr.tc


Government may, by notification, 2.ppoint.

2s the

Statt.

2. After section 80 of the Registrrtio-1 Act, 19081nseai3n of


(Central Act XVI of 1908) (he1eimfter I eferred to a s tho nev, section
pi inci pal 'Act), the Fnllo wing section sha 11 be inserted, 80-A in Central
namely :Act XVI
of 1908.

'' 80-A.Recover Y of deficit registration fee. --(1) Nct-

withstanding anything contained in section 80, if, after


th3 registration of :: document, it is found th?t the fee
pzyable undel this Act in relation to that document b.s
not been paid or has been insufficiently paid, such fee or

* For Statement

of Objects and Reasons, see Tamil Nadu

Government Gazette Extraordinary, dated the 18th March 1982,


1, page 125.
Part N-"tioion

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840 Regi.it nrtion (Tamil N ~ d u


Amendment)
the defi~it,as the case m2.y be, may, on a certific?.teo
registering officer, be recovered from the person
presented such document Tor registrirtion under se
32, as an arrear of knd revenue :
Provided th2.t no such certificette shr.11 bs
unless due inquiry is mr.de r.nd such person is g
opportunity of being hecrd :
Provided further t h ~ ~not such inquiry
commenced &er the expiry of such period, ?fter
of the registration of the document, as may be pre
(2) The certificate of the re
(I) skll, subject only t
section (3), be fiunl end shall not be
any court or befoi e m y authority.
sub-,, ::ion

(3) Any pLrson aggrieved by


registering officer under sub-section (1
Registrat if it is a certificzte of the Su
Inspector-Gencrzl of Registrr tion if it is a certific?.te
Registrar. All such ameals shall be preferred w
such time, and shall be heard and disposed of.in
manner, as may be prescribed.".
4mtndment
of section 89,

Central

3. Iu section 89 of the principal Act, aftet sub-se


(6), the following sub-section shall be zdded, name1

'"(7)Every officer grznti


document purporting to be or to evi
assignment by the Government, of lan
in Imd, shqlI send a copy of such deed
to the registering officer within the lo
jurisdiction the whole or PAY pp.rt of
in such deed or document is situzte,
o f e m shall file the copy in his Book

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'

GOtERSUESt OF r A M i L

1 ~ e & t s r e d No: M--r

~bdn

1937

IP~CC.

r5 Paft*

TAMIL NilDLf
GOVERNMENT GAZETTE
EXTRAORDINA
No, :08]

MADRAS, 1 UESDAY, FEBRUARY 17, 1987

MAS1 5, ATCHAYA, THIRUVALLUVAR

--

AANDU-2018

The following Act of the Tamil Nadu Legislatit-e Assembly


received the assent of the President on the 9th February 1987 and
is hereby published for general infornlation :-ACT No. 3

O F 1987.

An Act further to amend the Registration Act, 1908, in its application


to tlze State of Tamil Nadu.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu

in the Thirty-seventh Year of the Republic of India as follows :--

1. Short title, extent and cormeneement.-(1) This Act ~naybe


called the Registration (Tamil Nadu Amendment) Act, 1986.
(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall come into force on such. date as the State Government may, by notification, appoint.

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2. Arnendrrzcnt oJ section 119, Cei~trulAct

X V 1 of

namely :-

" (2-A) Every Court passing an order for effecting or r


an attachment of immovable property under the Code of Civil

in his B:)o]c No, 1. ".

(By order of the Govenlor. )


S. VAIDLVELU,
Col?zmi!.siotrt~and Secretary to Governnte
LCII::Department.

i\

a_-

-----

PBIIQTED AND PUBLISHED BY zas I;rnmros or STATIO~WBY AND Pw m s j ON BEEALP OE' Y BE Q O V . W @ N l ! O# T . w EJaIpIJ
I

---

-A

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TAMIL NADU
G O V E R N M E N T GAZETTE
EXTRAORDINARY

P U ~ L ~ S Her
~ OAyt&(ltTr

No. 1661

CHBNNAI. SATURDAY, MARCH 29, 199;

Paoguni 16, lbdha, Thinrvdlum Aandu-2028


,

. ----.

The following Act of the Tamil Nadu Legislative Assembly receivad the assent of
the Preslderit on the 27th March 1997 and is hereby published for ~d
information :ACT No. 19 OF 1997.

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
Forty-eighth Year of the Republic of lridia as follows :1. (1) This Act may be called the Registration (Tamil Nadu Amendment) Short title
Act, 1997.
extent.

(2) It extends to the whole of the State of Tamil Nadu.

Central Act
XVI of 1908.

2. In the Registration Act, 1908, for section 28, the following section shall Subtituti?~
be substituted, namely:of sectso
" 28. Place for registering documents relating to land.--Save as in this Part
otherwise provided,(a) every document mentioned in clauses (9). (b), (c), ( a , and (e) of ASsection (1) and sub-section (2) of section 17 in so far as S U L : document affects immovable property and in clauses (a),(b),(c) and (cc) of section 18, shall be presented for
regrstration in the officeof a Sub-Relpistrar within whose sub-district the whole or
Some portion of the oropsrty to which such d??u-n.sntrelates is situate in the State
of Tamil Nadu : and

(b) any document registered outside the State of Tamil Nadu i? contravention of the provisions of clause ( q ) shall be deemed to be nun and void.
(By order of the Governor.)

-- -

---.

A. K . RAJAN,
Secretary to Government. Law Departl
--

--_

P B ~ ~ D - A N D- ~ L I S H F ~4"I

--4

OF
AND P R m G . C ~ N ~ ~ l r
F WAITONPRY
~ ~ ~
ON BEHAlLP OF TTfF GOVFRNMFNT C" TAMIL N A m

r A Group) IV-2 Ex. 4 165 ;--

TUF n

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0
~ R N M C N TOF TAMlL NADU

1997
r

Registered No. M-1


Price : Rs4 0.15 p a e

--

il

TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY

1 No.

PUBLISHED BY AUTHORITY

CHENNAI, FRIDAY, AUGUST 22, 1997

436 ]

--

Aavani 6, Isvara, Thiruvalluaar Aan du-2028

---

Part IV-Section

--

--.--

The follc wing Act of the Tamtl Nadu Legislative Assembly received the assent
of the Governor cn the 13th August 1997 and is hereby published for general
information :ACT No. 48 OF 1997.

to anzcnd Ihe Registration Act, 1908, in its application to the


State of Tamil Na&.
BE it enacted by the 1.egislative Assembly of the State of Tamil Nadu in tile
Forty-fifth Year of the Republic of India as follows :A
1. (1) This Act may be ca!led the Registration (Tamil Nadu Amendment) Act, S h ~ rtitle,
t
1994.
eytent and
commenceAn Act jrrrtltcr

mknt.
(2)

It extends to the whole of the State of Tamil Nadu.

(3)

It shall come into force at once.

After section 22 of' the Registration Act, 1908, the following section Insertion of new
shall be inserted, namely :section 22-A.

2.

"22-A. Documents rei:istration of which is opposed to public policy.-(I) The


State Governnient may, by notificatiou in the Tanzil Nadu Grovernment Gazette,
declare that the registration of any .document or class of documents is opposed
to public policy.
(2) Notwithstanding anything c a t a i r e d in this Act, the registering
officer shall rcfus,: to ~egister any document to which a notification issue? under
sub-sectic 11 (I !is applicaole.',.
(,By order of the Goveraor)
A. K.~RAJAN,

Secretary;ta;Government, Law Department.


PRIPU'I E D AND PUBLISHED BY '"HE DIRECTOR OF STATIONERY AND pmama. CHENNAI ON BBHAU(
OF THE GOVERNMENT OF TAMIL NADZT.

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. 4

T A M I L NADU
G O V E R N M E N T GAZETTE
EXTRAORDINARY

Pu$ltS~Eo6 t A U T ~ O R ~ ~

CHENNAI, THURSDAY, MARCH 12, 1998


Maasi 28. Isvara, Thiruvalluvar Aand u-2029

ACT No. 1 OF* 1998.

1. (I) This Act may be callad the Registration


endment) ~ c t 1997.
,

(Tamil Nadu Second

(2) It extends to the whole of the State of Tamil Nadu.

3hort Utle,
extent and
commencement.

(3) It shall come iuto force at once.


2. After section 78 of the Registration Act, 1908, the following section shall

br: added, namely :-

Addition
of new
section 78-A.

(By order of the Governor)


A. K . RAJAN,
SeCretary to Government, Law Deportment.

--- - - - . - . - _ _ . _ _ _ _
PUDLTSIIED RY T H E DIRECTOR OF STATIONERY AND PRINTING. C H E N N I
ON IIEHALF OF THE GOVERNMENT OF TAMIL NADU.

- - --

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ERNMENT OF 'TAMIL NADU

IRegd. No. TNIChief PMG-30112000.

TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY

PUBLISHED BY I\UTHORI.I-Y

CHENNAI, TUESDAY, NOVEMBER 7,2000


Aippasi 22, Vikkrama, Thiruvalluvar Aandu-203 1

Part IV-Section

Tamil Nadu Acts and Ordinances.

The following Act of the Tamil Nadu Legislative Assembly received the assent of the
Pres~denton the 2nd November 2000 and is hereby published for general intormatlo11:-

ACT No. 28 OF 2000.


4 r r . 4 , t /rrl.tlrc~r.
to trn~crtrlthe Registration Act. 1908, in its application to the Stcrtcp of 7irnrrl Ncrclrr

B E ~t enacted by the Legislative Assembly of the State of Tamil Nadu In the F~fty-f~rst
Year of
the Kepi~bllcof l n d ~ aas follows:1. ( 1) This Act may be called the Registration (Tamil Nadu Amendment) Act, 2000.
(2) It extends to the whole of the State of Tamil Nadu.

Short ~ttle.

extent and
commencement.

(3) It shall come into force on such date as the State Government may, by notification,

"I'

2. In section 20 of the Registration Act, 1908 (hereinafter referred to as the principal A m e n d m e n t


Act). in sub-section (I), after the expression "persons executing the document", the expression o f section
20
"and in-the case of document for sale ofproperty, the persons claiming under that document also"
shall be inserted.

3. In section 34 of the principal Act;--

Amendment
of scction
( 1) In sub-section ( 1 ), after the expression "persons executing such doci~ment", the
34

expressloll "and in the case of doci~mentfor sale of property, the persons claim~nglunder that
document" shall be inserted;

-1

IV-2 1.x

(707)

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I
I

'

T A M I L NADU G O V E R N M E N T GAZETTE EXTRAORDINARY

108

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

expression
Insertton of'
nor
acctlon
34-A

4. After sectlon 34 of the principal Act, the following sectlon shall be Inserted, namely:-

"34-,4. Pi>r-soncltrirnrng uncier-documcwt for sale o/propcrtj1 trlso to .\ign document.Subject to the provisions of this Act, no document for sale of property shall be registered under
this Act, unless the person claim~ngunder the document has also signed such document.".
5. In sectlon 58 of the principal Act,-

Amendment

of sectlon

( 1 ) in sub-sectlon ( I ) , after item ( n ) , the following item shall be inserted, namely:-

58.

"(atr)in the case of a document for sale of property, the signature and addition of
g c l a ~ nunder
~ such document, and, if such c l a ~ mhas been admitted by
every person a d m ~ t t ~ nthe
the reprrsentatlve. ass~gilor ageilt of' any person. the s~gnatureand addition of such
representative, asslg? or agent;";

"I

(2) In sub-s ction ( 2 ) ,after the expression "execution of a document", the expression
"and in the case of a ocument for sale of property, any person a d m ~ t t ~ nthe
g execution of such
document, or any pelson admlttlng the claim under that document" shall be inserted.
I

(By order of the Governor)

K. PARTHASARATHY,
Secretary to Government.
Law Department.

PRINTED AND PlJBLlSHED B Y TtIE DIRECTOR OF STATIONERY AND PRINTING. CHENNAI


ON HEHALF OF TIIE GOVEiRNMENT OF TAMII. NADIJ

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L

160
Amend~i~ent
of
section 5 I .

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY


4. In section 5 1 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 ofthe 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.".


I

Amendment of
section 61

5 . In section 61 of the principal Act, in sub-section ( I ) , the follow~ngprovlso shall


be added, namely:"Provided that in the office of the Registering Officer notified by the State
Governnicnt under sub-scctlon ( I ) ofscctlon 70-13, the copying of thc Items rcl'errcii 10
abcve may be done using electronic devices like scanner.".

l n s e r t ~ o no f
PART XI-A

6. 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. Docu ents scanned by electronic devices in areas notified by the State
Government.- ( I ) The State Government may, by notification, in the Tarnil Nadu
Government Gaz tte, direct that In any office as may be specified therein, the process of
registration of an 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) l\lot~.ithstandinganything 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. S~vinl:.-Nothing

in this Part shall apply,-

( i ) .o any docucient which In the opinion of Registering Officer is not in a


condition fit to be processed by means of electronic devices;
( i ~ 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, aftcr the same is restored, in the ~ndnncr
arescribed by the Inspector-General.".

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TAMIL NADlJ GOVERNMENT GAZETTE EXTRAORDINARY
Amendment of
section 89

atter the expresslon


( 1I )) In the marginal heading, after
expression "and tiled",
filed", the expression
expresslon "or
scanned" shall be Inserted;
inserted;
"in his Book No
No. 1 " wherever
( 2 ) Aftcr the expression "111
"or get it scanned" shall be ~nserted.
inserted.

"J'nJnce

it

occurs, the expression


expresslon

8. ( 1 ) The Reg~stration(Tamil Nadu Second Amendment) O r d ~ n a n c e ,2000 is


hereby repealed

Repeal and
savlng.

I
(2) Notwithstanding such repeal, anything done or any action
actlon taken under the
principal Act, as amended by the said Ordinance, shall be deemed to have been done o r
taken under the principal Act, a s amended by this Act.

(By order of the Governor)

K. PARTHASARATHY,
Secretary to Government,
Law Department.

,
,
I

PRINTED A N 0 PIJB1.ISHED BY THE IIIRECTOR O F STATIONFKY A N D PF!INTII\IG,


O N BEHALF O F THE GOVERNMENT 0 1 r A M i L NADLl

CHENNAI

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(Regd. No. TNlCCNll


[Price: Rs. I.60 Paise.

MENT OF TAMIL NADU


2008

Part IV-Section

Tamil Nadu Acts and Ordinances

The following Act of the Tamil Nadu Legislative Assembly received the
assent of the President on the 8th March 2008 and is hereby published for general
information ACT No. 13 OF 2008.

An Act further to amend the lndian Stamp Act, 1899 and the Registration
Act, 1908 in their application to the State o f Tamil Nadu.

Bc it enacted by the Legislative Assembly of the State of Tamil Nadu in the


Fifty-seventh Year of the Republic of India as follows:-

PART-I.
PRELIMINARY.
1 ( I ) This Act may be called the lndian Stamp and the Registration (Tamil Nadu
Amendment) Act. 2006.

Short
title,
extent and
commencement

(2) It extends to the whole of the State of Tamil Nadu.


(3) It shall come into force on such date as the State Government may, by notification.

PART-11.
AMENDMENT TO THE INDIAN STAMP ACT, 1899.
Wllof

I
1

2. In the Indian Stamp Act, 1899,(I)


in section 47-A,-

(a) for sub-section (I), the following sub-section shall be substituted. namely:"(I)
The registering officer appointed und?r the Registration Act. 1908
(Central Act XVI of 1908) while register~ngany instrument of conveyance. dissolution of

Amendment of
section 47-A.

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partnenhip. exchange of property, gift, partition, release or settlement shall estlmate the
mulut vdue of Ihe property whlctl IS the subject matter of such ~nstrurlientas per the
mukail val(rd guideil~~es
of vopertles prepared by the "Valuat~onCommittee" constituted

under sectjon 47-AA and communicate the sard estimated value to the partles concerned

and unkss the parties pay the duty on the basis of such valuat~on, he shsll keep
pending the process of registratlon of such Instrument and refer the matter w~thlna
m0nUl along with a copy of such Instrument to the Collector for determrnatlon of the
market value of such propert! and the proper duty payable thereon ";

(6) in sub-section (2), for the expression "subject mattor of conveyance,


exchange, gifl, release of benarrii right or seltlement and the duly as c~foresald", tlie
expression 'subject matter of any Instrument of, conveyance, dlssolut~onof partnersh~p,
exchange of property, gift, partltlon, release or settlement and the duty payable thereon
within a period of ninety days from the date of receipt of such reference " shall be
rubrtituted;
(c) in sub-section (3),(I) fo- the expression "any instruinent of conveyance, exchange, g~ft,release
of benami right or settlement", the expression "any instrument of, conveyance, dlssolutlon
of partnershlp, exchange of property, g ~ f t ,partrt~on, release or sctllerneril" shall be

(ii) for the expression "conveyance, exchange, gift, release of benami rlght
or, settlement", the expresslon "conveyance, dissolution of partnersh~p, exchange of
property, gifl, partition, release or settlement" shall be substituted;

( d ) in sub-section (4), for the expresslon "interest at two per cent per month on
such amount for the entlre perlod of default", the following shall be substituted, namely:"interest at o l e per cent per month on such amount for the entire period
of default:
Provided that where a person has preferred an appeal against the order under
sub-section (2) or sub-sectlon (3), the Interest payable under thls sub-section shall be
postponed till the dlsposal of appeal and shall be calculated on the amount that
becomes due in accorlance wlrh the final order passed in appeal as if such amount
had been determined under sub-section (2) or sub-section (3), as the case may be.";

(e) to sub-section (5),the following proviso shall be added, namely:"Provided that no appeal shall be entertained unless the person aggrieved
has deposited in such manner as may be prescribed twenty-five per cent of the difference
in the amount of duty determined and payable under sub-section (2) or sub-section (3),
as the case may be.";

(f) in sub-section (6),( i ) after the words "suo motu", the words "or otherwise," shall be inserted,
(I) for the expression "pass such order thereon as he thinks fit", the
expressidn "pass such order thereon as he thinks fit, within such time as may be
prescribed" shall be substituted;

(g) after sub-section

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

"(1 1) Where the duty paid is found to be in excess as a result of an order


passed on appeal or revision, the excess duty p a ~ dshall be ~ L I , led ",

( h ) the Explanation shall be omltted.

(2) after sect~on47-A, the following sectlon shall be inserted, namely:"47-AA Constrtution o f Valuation Cornmit'ee -(I) The State Government shall,
by notlf~catlon, constitute a Valuation Comn Ittee under the Chalrmanshly. ot
Inspector-General of Registration acd such other member as may be speclfled for
estimation, pubi~catlona:ld revision r f market value guidelines of properties in any area
in the State at such lfitervals and in such manner as may be prescribed, for the purpose
of section 47-A

.-

a"

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(2) The Valuation Committee is the final authority for the formulation of pollcy,
methodology and adrn~n~stratron
of the market value gu~del~nes
in the State and may for
the said purpose const~tutevaluation sub-committee In each dtstrlct cornprislng of such
members as may be prescrrbsd, for estimation and revlsion of the market value yuidel~nes
(3) The sub-committee so constituted shall function under the Valuation
Cornn~itteeand shall follow such procedures as may be prescribed and shall be subject
to reconstttut~onwheneve,
,nd necessary.".
PART-Ill.
AMENDMENT
Act)(",

08.

TO THE

REGISTRATION ACT, 1908.

3. I n t h e Registrat~onAct, 1908, in section 60, in sub-section (I), for the expression


"a certificate containing the word 'registered' ", the expression "a cerZificate containing
the expression 'registered and ~ u l ystamped as per the Indian Stamp Act, 1899
(Central Act II of 1899)' " shall be substituted.
(By order of the Governor)

S. DHEENADHAYALAN,
Secretary to Government-in-charge,
Law Department.

Amendment of
section 60.