The Registration (Maharashtra Amendment) Act, 1974

This Act may be called the Registration (Maharashtra Amendment) Act, 2023.

After section 18 of the Registration Act, 1908, in its application to the State of Maharashtra (hereinafter referred to as “the principal Act”), the following section shall be inserted, namely :— “18A.

1. (1) Notwithstanding anything contained in this Act, the following classes of documents shall be refused for registration, namely :—
   • (a) the document relating to transaction, which is prohibited by any Central Act or State Act, for the time being in force ;
   • (b) the document relating to transfer of property by way of agreement for sale, sale, gift, exchange or lease or otherwise in respect of any immovable property owned by the Central Government or State Government or any Authority or undertaking of the Central Government or State Government or any authority or undertaking constituted or established under any Central Act or State Act, for the time being in force, executed by any person other than those statutorily empowered to do so ;
   • (c) the document relating to transfer of property by way of agreement for sale, sale, gift, exchange or permanent alienation or lease or otherwise pertaining to any immovable property which is attached permanently or provisionally by any competent authority under any Central Act or State Act, for the time being in force or any court or tribunal ;
   • (d) document of any description as may be prescribed by the State Government by rules made under this Act.
2. (2) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature.”.

In section 21 of the principal Act,—

1. (1) in sub-section
2. (1) for the words “unless it contains a description of such property sufficient to identify the same.”, the following shall be substituted, namely :— “unless it contains such description of the property, and accompanies with such papers and documents, as may be prescribed by the State Government by rules made under this Act, sufficient to identify the same.”;
3. (2) after sub-section (1), the following sub-section shall be inserted, namely :— “(1A) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature.”.

In section 22 of the principal Act, in sub-section (2), after the words, brackets and figure “sub-section (1)”, the words, brackets and figures “and sub-section

1. (1) of section 21” shall be inserted.