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REGISTRATION (TAMIL NADU AMENDMENT) ACT, 2012
REGISTRATION (TAMIL NADU AMENDMENT) ACT, 2012
ACT No. 28 OF 2012.
An Act to amend the Registration (Tamil Nadu Amendment) Act, 2008.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-third Year of the Republic of India as follows:—
Short title and commencement
1. (1) This Act may be called the Registration (Tamil Nadu Amendment) Amendment Act, 2012.
(2) It shall come into force at once.
Tamil Nadu Act 2 of 2009
Amendment of section 1.
2. In section 1 of the Registration (Tamil Nadu Amendment) Act, 2008, in sub-section (3), after the expression “by notification, appoint”, the expression “and different dates may be appointed for different provisions of this Act” shall be inserted.
ACT No. 29 of 2012
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 Sixty-third year of the Republic of India as follows:-
Short title, extent and commencement
1. (1) This Act may be called the Registration (Tamil Nadu Amendment) Act, 2012.
(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.
Amendment of Section 17.
Central Act XVI of 1908
2. In Section 17 of the Registration Act, 1908 (hereinafter referred to as the principal Act) –
(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 (1) under Article 5 of Schedule 1 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.
Amendment of Section 28.
3. In section 28 of the Principal Act –
(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;
(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;”.
4. After section 34-A of the Principal Act, the following section shall be inserted, namely;-
Insertion of new section 34-B
“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.”
Amendment of section 50
5. In Section 50 of the principal Act, 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.
Insertion of new section 64-A
6. After section 64 of the principal Act, 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 of cancellation of such Power of Attorney relating to immovable property not situate in his 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.”
ABSTRACT
Registration (Tamil Nadu Amendment) Act, 2012 - Amendments made to certain sections of the Registration Act, 1908 by way of Tamil Nadu Act 29 of 20-12 – Date of bringing into force – Notified.
COMMERCIAL TAXES AND REGISTRATION (J2) DEPARTMENT
G.O.Ms.No. 149
Dated: 29/11/2012
Read :
Tamil Nadu Act No. 29 of 2012
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ORDER:
By way of the Tamil Nadu Act No. 29 of 2012 read above, amendments have been made to sections 17, 28 and 50 of the Registration Act, 1908 and new sections 34B and 64A have also been introduced in the said Act.
2. The Government have decided to bring the above Act into force with effect from 01.12.2012 and accordingly direct that the notification appended to this order will be published in an extraordinary issue of the Tamil Nadu Government Gazette, dated the 30th November, 2012.
3. The Works Manager, Government Central Press is directed to send 100 copies of the gazettee in which the notification is published to the Government and 100 copies to the Inspector General of Registration, Chennai-28.
