section 5
5. Amendment of section 22A, Central Act No. 16 of 1908.-
The Registration (Rajasthan Amendment) Act, 2021For 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.".
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