The Registration (Andhra Pradesh Amendment) Act, 1999

Short title, 1.

1. (1) This Act may be called the extent and Registration (Andhra Pradesh Amendment) commence- Act, 1999. ment.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall come into force on such date as the State Government may, by notification, appoint.

Amendment of 2. In the Registration Act, 1908 (here- section 17. inafter referred to as the principal Act), as in force in the state of Andhra Pradesh, in section 17.-

1. (a) in sub-section (1),-
   • (i) for clause
2. (c) the following shall be substituted, namely ,- "(c) leases of immovable property;"
   • (ii) after clause
3. (e) but before the proviso the following clauses shall be inserted, namely:- "(f) any decree or order or award or a copy thereof passed by a civil court, on consent of the defendants or on circumstantial evidence but not on the basis of any instrument which is admissible in evidence under section 35 of the Indian Stamp Act, 1899, such as registered title deed produced by the plaintiff, where such decree or order or award purports or operate to create, declare, assign, limit, extinguish whether in present or in future any right, title or interest whether vested or contingent of the value of one hundred rupee and upwards to or in immovable property; and
4. (g) agreement of sale of immovable property of the value of one hundred rupee and upwards; " ;
5. (b) in sub-section (2),-
   • (i) in clause
   • (v) for the words "any document not in itself creating", the words "any document except an agreement of sale as mentioned in clause
6. (g) of sub-section

1. (1) not in itself creating", shall be substituted;
   • (ii) in clause (vi), for the words "any decree or order of a Court", the words "any decree or order of a Court, not being a decree or order or award falling under clause
   • (f) of sub-section
2. (1) ", shall be substituted;
   • (iii) the explanation shall be omitted.

In section 18 of the principal Act, clause

1. (c) shall be omitted.

After section 22 of the principal Act, the following section shall be inserted, namely:- "22-A. Documents of which registration is opposed to public policy.-

1. (1) The State Government may, by notification in the official Gazette, declare that the registration of any document or class of documents is opposed to public policy.
2. (2) Notwithstanding anything contained in this Act, the registering officer shall refuse to register any document to which a notification issued under sub-section
3. (1) is applicable.".

In section 28 of the principal ;ct, . : fOr the expression "clauses [a 1,

1. (b) , . ', ,
2. (c) , [dl and (el of section'l7 sub-section ' (21n, the expression "clauses (a), (bIr (ell (dl, (el, (fl, cnd (gl of seeZion .' - 17, sub-section (2In, and for the ' .. exprtssion "clauses (E), IblI
3. (c) and ,
4. (ce) " the expression "clauses (a), (bl , . . , and IczI" shall be substituted. -

Iri section 50 of tne principal kt, - in sub- section (1 1 lor the E-~ression "clzuses (elI (bll (el and (dl of i secticn .".17", the -eqression "clzuses .

1. (a) , (31, (cl, Id), (el, (f 1 ezd (51 of 1 sectizn.l7", shall he suhstitut=3.

After section 80 of the principal Act, the following section shall be inserted, namely: - "Recovery of deficit registration fees 80-A.

1. (1) Notwithstanding anything contained in section 80, if after the registration of a document, it is found that the fee payable under this Act in relation to that document has not been paid or has been insufficiently paid, such fee or the deficit in the fee paid, as the case may be, may, on a certificate of the registering officer be recovered from the person who presented such document for registration under section 32, as an arrear of a land revenue. Provided that no such certificate shall be granted unless due enquiry is made and such person is given an opportunity of being heard: Provided further that no such enquiry shall be commenced after the expiry of such period, after the date of the registration of the document, as may be prescribed.
2. (2) The certificate of the registering officer under sub-section
3. (1) shall, subject to appeal under sub-section (3), be final and shall not be called in question in any court or before any authority.
4. (3) Any person aggrieved by a certificate of the registering officer under sub-section
5. (1) may appeal to the Registrar if it is a certificate of the Sub-Registrar, or to the Inspector-General of Registration if it is a certificate of the Registrar. All such appeals shall be preferred within such time and shall be heard and disposed of in such manner as may be prescribed.
6. (4) The Government or the Inspector- General of Registration and Stamps may write off the irrecoverable arrears or deficit registration fee subject to such conditions as may be prescribed.". 1. Short title, extent and commencement
7. (1) This Act may be called the Registration (Andhra Pradesh Amendment) Act, 1999.
8. (2) It extends to the whole of the State of Andhra Pradesh.
9. (3) It shall come into force on such date as the State Government may, by notification, appoint. 2. Amendment of section 2 Amendment of section 2. 2. In the Registration Act, 1908 (hereinafter referred to as the principal Act), as in force in the state of Andhra Pradesh, in section 2.-
   • (a) in sub-section (1),-
     • (i) for clause
   • (c) the following shall be substituted, namely,-
   • (c) leases of immovable property;
     • (ii) after clause
   • (e) but before the proviso the following clauses shall be inserted, namely:- "(f) any decree or order or award or a copy thereof passed by a civil court, on consent of the defendants or on circumstantial evidence but not on the basis of any instrument which is admissible in evidence under section 35 of the Indian Stamp Act, 1899, such as registered title deed produced by the plaintiff, where such decree or order or award purports or operate to create, declare, assign, limit, extinguish whether in present or in future any right, title or interest whether vested or contingent of the value of one hundred rupee and upwards to or In immovable property; and
   • (g) agreement of sale of immovable property of the value of one hundred rupee and upwards; ";
   • (b) in sub-section (2),-
     • (i) in clause
     • (v) for the words "any document not in itself creating", the words "any document except an agreement of sale as mentioned in clause
   • (g) of sub-section
10. (1) not in itself creating", shall h substituted;
    • (ii) in clause (vi), for the words "any decree or order of a Court", the words "my decree or order of a Court, not being a decree or order ar award falling under clause
    • (f) of sub-section (1)", shall be substituted;
      • (iii) the explanation shall be omitted. 3. Amendment of section 16 Amendment of section 16. 3. In section 16 of the Principal Act for sub-section (1), the following shall be substituted, namely:- "The state Government shall provide in the office of every Registering Officer the books and also the information processing and storage devices like computer and scanners along with the software prescribed by the Inspector General, from time to time necessary for purpose of this Act;". 4. Amendment of section 51 In section 51 of the principal Act, in sub-section (1), in the opening portion for the words "The following books", the words "The following books and the information storage devices" as specified in sub-section
11. (1) of the section 16" shall be substituted. 5. Amendment of section 61 In section 61 of the principal Act, after sub-section (1), the following proviso shall be added, namely:- " Provided that the copying of the item referred to above may be done using electronic devices like scanner." 7. Amendment of section 89 In section 89 of the principal Act, after the words “shall file the copy in his Book No. 1” wherever they occur, the words “or get scanned” shall be added.

The Registration (Andhra Pradesh Amendment) Ordinance, 1998 is hereby repealed.