The Registration (Karnataka Amendment) Act, 2023

Short title and commencement.-

1. (1) This Act may be called the Registration (Karnataka Amendment) Act, 2023.
2. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Amendment of section 17.- In the Registration Act, 1908 (Central Act 16 of 1908) (hereinafter referred to as the Principal Act), in section 17,-

1. (i) in sub-section (1), after clause (e), before the proviso, the following shall be inserted, namely:- "(f) power of attorney authorizing transfer of immovable property with or without consideration:"
2. (ii) in sub-section (2), clause
3. (vii) and the entries relating thereto shall be omitted."

Insertion of new sections 22-B, 22-C and 22-D.- In the Principal Act, after section 22A, the following shall be inserted, namely:- "22-B. Refusal to register forged documents and other documents prohibited by law.- Notwithstanding anything contained in this Act, the registering officer shall refuse to register the following documents, namely:-

1. (1) forged document;
2. (2) document relating to transaction, which is prohibited by any Central Act or State Act for the time being in force;
3. (3) document relating to transfer of immovable property by way of sale, gift, lease or otherwise, which is attached permanently or provisionally by a competent authority under any Central Act or State Act for the time being in force or any Court or Tribunal;
4. (4) any other document as the State Government may, by notification, specify. Explanation.-
   • (a) "Forged document" shall have the same meaning as assigned to it in section 470 of the Indian Penal Code, 1860.
   • (b) For the purpose of considering the case of forged documents the cases involving question of title will be excluded.

Explanation.-

1. (a) "Aggrieved person" means and includes any person being affected by the execution of the document and includes any party whose personal, property, or financial interests or rights are impacted by another's action and further in case of registration of a document pertaining to Government property includes any general public as the case may be.
2. (b) For determining the complaint the provision of Limitation Act as specified under Indian Limitation Act including the power to condone the delay in appropriate case on showing sufficient cause is entrusted upon the District Registrar or Appellate authority. 22-D. Appeal.- Any person aggrieved by an order of the District Registrar under section 22-C may prefer an appeal to the Inspector General of Registration within thirty days from the date of cancellation of the document and the Inspector General of Registration shall pass an order confirming, modifying or cancelling the order of the District Registrar." 4. Amendment of section 69 Amendment of section 69.- In the principal Act, in section 69, in sub-section (1), after clause (l), the following shall be inserted, namely:- "(m) regulating the process of cancellation of a registered document referred to in section 22-C." 5. Insertion of new sections Insertion of new sections 81-A and 81-B.- In the Principal Act, after section 81, the following shall be inserted, namely:- "81-A. Penalty for registering documents in contravention of section 22-B.-

1. (1) Every registering officer appointed under this Act and every person employed in his office for the purposes of this Act, who, being charged with registering the documents presented for registration under this Act, registers documents in contravention of the provisions of section 22-B, shall be punishable with imprisonment for a term which may extend up to three years, or with fine, or with both.
2. (2) Nothing contained in this section shall apply in the case of registration of a document made in good faith. Explanation.- For the purpose of this sub-section, the expression "good faith" means any act believed or done by a person in good faith with due care, caution and sense of responsibility or by mistake of fact believing himself justified by law under section 79 of the Indian Penal Code, 1860.

Provided that, nothing contained in sub-section

1. (1) shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence was committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be, liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section,-
   • (a) "company" means any body corporate and includes a firm or other association of individuals; and
   • (b) "director" in relation to a firm means a partner in the firm".