THE REGISTRATION (TAMIL NADU AMENDMENTS) ACT, 2008
ACT No. 2 of 2009.
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 Fifty-ninth 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, 2008.
(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.
Substitution of section 22-A.
Central Act XVI of 1908
2. For section 22-A of the Registration Act, 1908, the following section shall be substituted, namely:—
“ 22-A. Refusal to register certain documents .—Notwithstanding anything contained in this Act, the registering officer shall refuse to register any of the following documents, namely:—
Tamil Nadu Act 35 of 1972
(1) instrument relating to the transfer of immovable properties by way of sale, gift, mortgage, exchange or lease,—
(i) belonging to the State Government or the local authority or Chennai Metropolitan Development Authority established under section 9-A of the Tamil Nadu Town and Country Planning Act, 1971;
Tamil Nadu Act 22 of 1959
(ii) belonging to, or given or endowed for the purpose of, any religious institution to which the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 is applicable;
Tamil Nadu Act XV of 1958.
(iii) donated for Bhoodan Yagna and vested in the Tamil Nadu State Bhoodan Yagna Board established under section 3 of the Tamil Nadu Bhoodan Yagna Act, 1958; or
(iv) of Wakfs which are under the superintendence of the Tamil Nadu Wakf Board established under the Wakf Act, 1995, unless a sanction in this regard issued by the competent authority as provided under the relevant Act or in the absence of any such authority, an authority so authorised by the State Government for this purpose, is produced before the registering officer;
(2) instrument relating to the transfer of ownership of lands converted as house sites without the permission for development of such land from planning authority concerned:
Provided that the house sites without such permission may be registered if it is shown that the same house site has been previously registered as house site.
Explanation I.—For the purpose of this section ‘local authority’ means,—
(i) any Municipal Corporation constituted under any law for the time being in force; or
Tamil Nadu Act V of 1920
(ii) a Municipal Council constituted under the Tamil Nadu District Municipalities Act, 1920 ; or
Tamil Nadu Act 21 of 1994
(iii) a Panchayat Union Council or a Village Panchayat constituted under the Tamil Nadu Panchayats Act, 1994 ; or
Central Act 43 of 1995
(iv) any other Municipal Corporation, that may be constituted under any law for the time being in force.
Tamil Nadu Act 35 of 1972
Explanation II.—For the purpose of this section ‘planning authority’ means the authority constituted under section 11 of, and includes the Chennai Metropolitan Development Authority established under section 9-A of the Tamil Nadu Town and Country Planning Act, 1971;
(3) instrument relating to cancellation of sale deeds without the consent of the person claiming under the said sale deed.”. |
