The Registration (Rajasthan Amendment) Act, 2021

(1) This Act may be called the Registration (Rajasthan Amendment) Act, 2021. (2) It shall extend to the whole of the State of Rajasthan. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In section 12 of the Registration Act, 1908 (Central Act No. 16 of 1908) hereinafter referred to as the principal Act, for the existing expression "Registrar of the district", the expression "Inspector General of Registration" shall be substituted.

In section 17 of the principal Act,- (i) in sub-section (1),- (a) for the existing clause (d), the following shall be substituted, namely:- "(d) leases of immovable property for any term;"; (b) for the existing clause (f), the following shall be substituted, namely:- "(f) agreement to sell immovable property whether possession whereof has been or is handed over or not to the purported purchaser;"; (c) after the existing clause (g), the following clauses shall be added, namely:- "(h) agreement or any other document relating to the deposit of title deeds or instruments constituting or being evidence of the title to any immovable property, where such deposit has been made by way of security for the repayment of money advanced or to be advanced by way of loan or an existing or future debt; (i) sale certificate issued by any competent officer or authority under the Central Act or the State Act for the time being in force; (j) agreement relating to giving authority or power to a promoter or a developer, by whatever name called, for construction on, or development of, or sale or transfer (in any manner whatsoever) of any immovable property; (k) power of attorney authorizing to transfer immovable property with or without consideration; (l) Concession agreement as defined in Rajasthan Stamp Act, 1998 (Rajasthan Act No. 14 of 1999); (m) any other instrument required by any law, for the time being in force, to be registered:"; (ii) in sub-section (2),- (a) the existing clause (xii) shall be deleted; and (b) in clause (xiii), for the existing expression "sub-section (5) of section 89", the expression "sub-section (6) of section 89" shall be substituted; (iii) for the existing sub-section (3), the following shall be substituted, namely:- "(3) Authorities to adopt a son or a daughter and not conferred by a Will, shall also be registered."

In clause (c) of section 18 of the principal Act, the existing expression "leases of immovable property for any term not exceeding one year, and" shall be deleted.

For the existing section 22A of the principal Act, the following shall be substituted, namely:-

"22A. Certain documents not to be registered.- Notwithstanding anything contained in this Act or any other law for the time being in force, the registering officer shall not register- (a) an instrument relating to transaction which is prohibited by any Central Act or State Act for the time being in force; (b) an instrument of sale, gift, bequest, usufructuary mortgage, letting or sub-letting or exchange of agriculture land belonging to a member of Scheduled Castes or Scheduled Tribes unless a certificate issued by the competent authority to the effect that the transferee belongs to Scheduled Castes or Scheduled Tribes, as the case may be, is produced before the registering officer; (c) an instrument of transfer of any interest in any land or part thereof situated within the area notified under section 3 of the Criminal Law (Amendment) Act, 1961 (Central Act No. 23 of 1961) unless the transferee proves to the satisfaction of the registering officer that he is entitled to enter or remain in such area without obtaining a permit in accordance with the provisions of the Criminal Law (Amendment) Act, 1961 (Central Act No. 23 of 1961); (d) an instrument of transfer of immovable property owned by the Central Government or the State Government or a Municipality or a Panchayati Raj Institution or any other body or authority established by a statute of the Central or State Legislature unless a letter of competent officer requesting registration is produced before the registering officer;

Explanation.- For the purposes of this clause "competent officer" means the officer duly empowered to execute the instruments referred to in this clause; (e) an instrument of transfer of any land or part thereof, in relation to which acquisition proceedings have been initiated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No. 30 of 2013), unless the instrument is accompanied by, permission for such transfer obtained under section 5 of the Rajasthan Lands (Restrictions on Transfer) Act, 1976 (Act No. 27 of 1976) or, by an affidavit of the transferor to the effect that the land is not affected by the provisions of section 4 of the said Act; (f) an instrument of mortgage or charge, or an instrument of transfer by way of sale, gift, exchange or otherwise, of any immovable property of a minor or any instrument of lease of any immovable property of a minor if such lease extends beyond five years or one year from the date of attaining majority by the minor, unless the instrument is accompanied by the permission of the competent court given under the provisions of the Hindu Minority and Guardianship Act, 1956 (Central Act No. 32 of 1956) or, as the case may be, the Guardians and Wards Act, 1890 (Central Act No. 8 of 1890) or it is proved to the satisfaction of registering officer that such permission is not required; and (g) an instrument of transfer of any right or interest in a land situated in colonisation area, except in the cases exempted in sub-section (1) of section 13 of the Rajasthan Colonisation Act, 1954 (Act No. 27 of 1954), unless the instrument is accompanied by the consent of the State Government.".

In section 28 of the principal Act, for the existing expression "sub-section (1), clauses (a), (b), (c), (d) and (e), section 17", the expression "sub-section (1), clauses (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) and (l), section 17" shall be substituted.

For the existing section 32 of the principal Act, the following shall be substituted, namely:-

"32. Persons to present documents for registration.- Except in the cases mentioned in sections 31, 88 and 89, or when the document is presented by electronic means, every document to be registered under this Act, whether such registration be compulsory or optional, shall be presented at the proper registration office, in the manner as may be prescribed,-

(a) by the person executing or claiming under the same, or, in the case of a copy of a decree or order, by a person claiming under the decree or order; or

(b) by the representative or assignee of such a person; or

(c) by the agent of such a person, representative or assignee, duly authorized by power of attorney executed and authenticated in the manner hereinafter mentioned.".

For the existing section 32A of the principal Act, the following shall be substituted, namely:-

"32A. Compulsory affixing of photograph etc.- (1) Every person presenting any document at the proper registration office under section 32 shall affix in the document his passport size colour photograph or get photographed by digital camera and affix thumb impression by manual or by biometric device in the document and both executants and claimant shall sign in the document, if such document falls in the following category, namely:-

(a) agreement to sell immovable property including developer's or promoter's agreement by whatever name called, for development of any property or construction of structure;

(b) concession agreement;

(c) conveyance;

(d) exchange;

(e) gift;

(f) lease including transfer of lease by way of assignment and surrender of lease;

(g) leave and licence;

(h) mortgage;

(i) partition;

(j) release;

(k) settlement;

(l) trust;

(m) power of attorney.

(2) The passport size photograph and thumb impression of each executant and claimant shall also be affixed to the document referred to in sub-section (1).

(3) The State Government shall notify the order for taking photographs of identifying witnesses before the registering officer.".

In sub-section (4) of section 33 of the principal Act,-

(i) for the existing expression "may be proved", the expression "shall be proved" shall be substituted;

(ii) the following proviso shall be added, namely:-

"Provided that a proof to the effect that the person executing the power of attorney is alive shall be produced.".

In section 34 of the principal Act,- (i) in sub-section (1), after the existing proviso, the following shall be added, namely:- "Provided further that, when such document is presented by electronic means, the personal appearance shall not be required."; (ii) in sub-section (3), after the existing clause (c), the following shall be added, namely:- "Provided that, when such document is presented by electronic means, the enquiry shall be done as per the rules made in this behalf."; (iii) in sub-section (4), for the existing expression "proviso to", the expression "first proviso to" shall be substituted.

In section 35 of the principal Act,- (i) in sub-section (1), in clause (a), after the existing expression "appear personally", the expression "or through electronic means, as the case may be," shall be inserted; (ii) in sub-section (2), the following shall be added, namely:- "Provided that when such document is presented by electronic means, the procedure laid down by the rules made in this behalf shall be followed for the examination of person."; (iii) in sub-section (3),- (a) in clause (c), the word "or" shall be added at the end; (b) after the clause (c) so amended and before the existing expression "the registering officer shall refuse", the following shall be inserted, namely:- "(d) on such circumstances and such documents as may be prescribed,".

In section 49 of the principal Act, after the existing expression "Transfer of Property Act, 1882 (Act No. 4 of 1882)" and before the existing expression "to be registered", wherever occurring, the expression "or any other law for the time being in force" shall be inserted.

In sub-section (1) of section 52 of the principal Act, after the existing clause (c), the following shall be added, namely:-

"Provided that when a document is registered through the electronic means, the rules made by the State Government shall be followed in this regard.".

In sub-section (1) of section 60 of the principal Act, after the existing expression "the document has been copied" and before the existing punctuation mark ".", the expression "or the true copy of the document has been filed" shall be inserted.

In section 61 of the principal Act, for the existing sub-section (1), the following shall be substituted, namely:-

"(1) The endorsements and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the true copy of the document presented along with the document, and the true copy of the map or plan, if any, mentioned in section 21 shall be filed along with the true copy of the document in Book No. 1. (1A) The endorsement sheet and the signature sheet generated through the electronic means shall be scanned along with the document and numbered accordingly: Provided that in the office of the registering officer notified by the State Government a computerised office, the copying of the items shall be done by using the electronic devices.".

In section 64 of the principal Act, after the existing expression "endorsement and certificate (if any) thereon," and before the existing expression "and send the same", the expression "either in hard copy or in electronic form, as the case may be," shall be inserted.

In sub-section (1) of section 65 of the principal Act, after the existing expression "endorsement and certificate (if any) thereon," and before the existing expression "together with", the expression "either in hard copy or in electronic form, as the case may be," shall be inserted.

In sub-section (2) of section 66 of the principal Act, after the existing expression "together with a copy of the map or plan (if any)" and before the existing expression "mentioned in section 21", the expression "either in hard copy or in electronic form, as the case may be," shall be inserted.

In sub-section (1) of section 69 of the principal Act,- (i) the existing clause (i) shall be deleted; (ii) after the existing clause (j), the following shall be added, namely:- "(k) regulating the procedure for presentation of various types of documents, appearance of executants for admission of execution, endorsements, and the manner of fixing signature and seal of registering officer, mode of payment of registration fees and other fees and such other processes when the document is presented for registration by electronic means; (l) regulating the procedure of registration; (m) providing the manner in which and the safeguards subject to which the books may be kept in computer floppies or diskettes or in any other electronic form under sub-section (1) of section 16A; (n) regulating the procedure for taking of photograph of identifying witnesses to a document presented before a registering officer; (o) providing for online registration of documents and enquiry before the registering officer when the document is presented before the registering officer by electronic means at any office of the registering officer; (p) providing for scanning the documents for their safety in electronic form; (q) providing for sending of memoranda of documents registered in electronic form; (r) regulating the manner in which the instruments referred to in sub-section (2) of section 88 may be presented for registration; (s) regulating the manner of recopying of books, indexes or portions thereof."

In section 80-A of the principal Act,- (i) in the heading, for the existing expression "under sections 47A and 47C of the Indian Stamp Act, 1899", the expression "under section 51, 53 or 55 of the Rajasthan Stamp Act, 1998" shall be substituted; and (ii) in sub-section (1), for the existing expression "Where during the course of proceedings, if any, under section 47A or section 47C of the Indian Stamp Act, 1899", the expression "Where during the course of proceedings, if any, under section 51, 53 or 55 of the Rajasthan Stamp Act, 1998 (Rajasthan Act No. 14 of 1999)" shall be substituted.

After the existing section 82 and before the existing section 83 of the principal Act, the following shall be inserted, namely:- "82A. Punishment for failure to send a copy of order under section 89.- Every officer who fails to send a copy of the order within one month under section 89 to the registering officer shall be punishable with a fine which may extend to rupees twenty five thousand."

In section 89 of the principal Act,- (i) in sub-section (1), after the existing expression "Book No. 1" and before the existing punctuation mark ".", the expression "or get it scanned" shall be inserted; (ii) the existing sub-section (2) shall be deleted; (iii) in sub-section (3), after the existing expression "Book No. 1" and before the existing punctuation mark ".", the expression "or get it scanned" shall be inserted; (iv) the existing sub-section (4) shall be deleted; (v) the existing sub-section (5) shall be renumbered as sub-section (6) and before the sub-section (6) so renumbered, the following shall be inserted, namely:- "(5) All banks and financial institutions, granting loans on the basis of equitable mortgage whereby immovable property is mortgaged by deposit of title deeds for the purpose of securing repayment of the loan, shall send the copy of the same online to the registering officer within the local limits of whose jurisdiction the whole or any part of the property so mortgaged is situated either directly or through an agency appointed by the Central Government or the State Government and such registering officer shall keep the copy or copies in computer diskettes or in any electronic form, as the case may be, in his Book No.1."; (vi) in sub-section (6), after the existing expression "Book No. 1" and before the existing punctuation mark ".", the expression "or get it scanned" shall be inserted.

After the existing section 89 and before the existing section 90 of the principal Act, the following shall be inserted, namely:- "89A. Power of State Government to make rules.- (1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the manner of presentation of every document to the registration office under section 32; (b) such circumstances and such documents under clause (d) of sub-section (3) of section 35; and (c) any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act by the State Government shall be laid, as soon as may be after it is made, before the House of the State Legislature.".