The Indian Registration (Tamil Nadu Amendment) Act, 1974
The Indian Registration (Tamil Nadu Amendment) Act, 1974
1. Short title
- (1) This Act may be called the Registration (Tamil Nadu Amendment) Act, 1974.
- (2) It extends to the whole of the State of Tamil Nadu.
- (3) It shall come into force on such date as the State Government may, by notification, appoint.
2. Amendment of section 89
After sub-section (5) of section 89 of the Registration Act, 1908 (Central Act XVI of 1908), the following sub-section shall be added, namely :- "(6) Every officer in charge of collection of the loans mentioned in sub-section (1), or sub-section (3) shall send to the registering officer to whom a copy of the order under sub-section (1) or a copy of instrument or order under sub-section (3) has been sent, an intimation of the discharge of such loans. Such intimation shall be in such form as may be prescribed and the registering officer shall file the intimation in his Book No. 1.".
3. Amendment of section 81
In section 81 of the principal Act,--
- (i) in the marginal heading, for the words "or registering", the words "registering or filing" shell be substituted ;
- (ii) for the words "or registering of any document", the words "registering, or filing a true copy, of any document" shall be substituted ;
4. Amendment of section 82
In clause (b) of section 82 of the principal Act, for words and figures "under section 19 or section 21", the words "under this Act or the rules made thereunder", shall be substituted.
5. Insertion of Schedule in Central Act XVI of 1908
After section 91 of the principal Act, the following Schedule shall be inserted, namely :-
6. Insertion of PART XI-A
After PART-XI of the principal Act, the following PART shall be inserted, namely:- "PART XI-A
7. REGISTRATION OF DOCUMENTS BY MEANS OF ELECTRONIC DEVICES.
Amendment of section 89 In section 89 of the principal Act,--
- (1) In the marginal heading, after the expression "and filed", the expression "or scanned" shall be inserted;
- (2) After the expression "in his Book No. 1" wherever it occurs, the expression "or get it scanned" shall be inserted.
8. Repeal and saving
- (1) The Registration (Tamil Nadu Second Amendment) Ordinance, 2000 is hereby repealed.
- (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.
70A. Application of this Part
A. Application of this Part.-This Part shall apply to the areas only in respect of which a notification is issued by the State Government under sub-section (1) of section 70-B.
70B. Documents scanned by electronic devices in areas notified by the State Government
B. Documents scanned by electronic devices in areas notified by the State Government.-
- (1) The State Government may, by notification, in the Tamil Nadu Government Gazette, direct that in any office as may be specified therein, the process of registration of any category or categories of documents may be completed and copying done with the help of the electronic devices like computers, scanners and compact disks and copies preserved on such devices and retrieved when required.
- (2) Notwithstanding anything contained in this Act, or any other law for the time being in force, a copy of any document registered and scanned using the electronic devices and certified or attested by the Registering Officer in-charge of the office shall also be received in evidence of any transaction as is described in the said document.
C. S~vinl:.-Nothing in this Part shall apply,-
- (i) .o any docucient which In the opinion of Registering Officer is not in a condition fit to be processed by means of electronic devices;
- (ii) in the case of unforeseen eventuality like breakdown of the computerised system of registration:
Provided that the Registering Officer shall record the reasons in writing therefor:
Provided further that the Registering Officer shall ensure that the data and images of the documents registered due to a breakdown of the computerised system, are duly incorporated into the computer system, aftcr the same is restored, in the ~ndnncr arescribed by the Inspector-General."
I. The Schedule
"THE SCHEDULE [See section 52 (5);] MODIFICATION 08 CERTAIN PROVISIONS OF THE ACT. 1. In section 19, omit the words "and also by a truc copy ". 2. Ia section 45,- (a) in sub-s&ion (I), for the words and figure "the contents thereof to be copied into his Book No. 3". substitute the words and figure "cause a true Copy nf the coiltents thereof to be made and filed in his Book NO. 3 " ; and (b) in sub-section (2), for the words "copy has been made", substitute the words " true copy has been filed". 3, In sub-seclion (2) of section 46,- (a) for the woras "unless the will has been already copied", substitute the words "unless a true copy of the will has alrea&y been filed" ; and (b) for the words and figure "cause be copied into his Book NO. 3", substitute the figure "cause a true copy of the will 'to be ma in his book NO. 3". 4. In section 51, - (a) for sub-section (2), substitute the followin sub-section, namely :- "(2) In Book I shall be filed,-- (i) true copies of all documents ; and (ii) all memoranda, registered under section@7, 18 and 89 which, relate immovable property, and are not wills." ; and (b) in sub-sectiop (3), for the word documents", substitute the words "filed true copies of documents". 5, 'fl -'seoti04l 54, for fhe words "copied or filed" ~?bstitute the words "filed a trae conv nf nr*" 6. (a) in sub-section (2), for &he words "every document d ar memorandum filed", substitute the words ment of which a true copy, or mrmoxa.andum. (b) in sub-section (4), for the words and figure "and authority entered in Book No. 3", substi- tords and figure "every will and ~uthoritv of ;which a true copy is filed in Book No, 3" : and (c) in sub-sectiop (9, for the wolds "document tered", substitute the words "document of which 6 e copy is filed " . 7. In sub-section (1) of section 60, for the words ''the ocument has been copied", substitute the words at he e copy of the documelit has been filed ". 8. In sub-section (1) of section 61, omit the words fi "he margin of ". 9. In section 62, for sub-section (1), substitute the following sub-section, namely :- "(1) When a docurnent is presented for registration under section 19, the translation together with the true @,~o~v of the document s'hall be filed in the an~rooriate"
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The Schedule
"THE SCHEDULE [See section 52 (5);] MODIFICATION 08 CERTAIN PROVISIONS OF THE ACT.
1. In section 19, omit the words "and also by a truc copy ".
2. Ia section 45,-
- (a) in sub-s&ion (I), for the words and figure "the contents thereof to be copied into his Book No. 3". substitute the words and figure "cause a true Copy nf the coiltents thereof to be made and filed in his Book NO. 3 " ; and
- (b) in sub-section (2), for the words "copy has been made", substitute the words " true copy has been filed". 3, In sub-seclion
- (2) of section 46,-
- (a) for the woras "unless the will has been already copied", substitute the words "unless a true copy of the will has alrea&y been filed" ; and
- (b) for the words and figure "cause be copied into his Book NO. 3", substitute the figure "cause a true copy of the will 'to be ma in his book NO. 3". 4. In section 51, -
- (a) for sub-section (2), substitute the followin sub-section, namely :- "(2) In Book I shall be filed,--
- (i) true copies of all documents ; and
- (ii) all memoranda, registered under section@7, 18 and 89 which, relate immovable property, and are not wills." ; and
- (b) in sub-sectiop (3), for the word documents", substitute the words "filed true copies of documents". 5, 'fl -'seoti04l 54, for fhe words "copied or filed" ~?bstitute the words "filed a trae conv nf nr*" 6.
- (a) in sub-section (2), for &he words "every document d ar memorandum filed", substitute the words ment of which a true copy, or mrmoxa.andum.
- (b) in sub-section (4), for the words and figure "and authority entered in Book No. 3", substi- tords and figure "every will and ~uthoritv of ;which a true copy is filed in Book No, 3" : and
- (c) in sub-sectiop (9, for the wolds "document tered", substitute the words "document of which 6 e copy is filed " .
7. In sub-section (1) of section 60, for the words ''the ocument has been copied", substitute the words at he e copy of the documelit has been filed ".
8. In sub-section (1) of section 61, omit the words fi "he margin of ".
9. In section 62, for sub-section (1), substitute the following sub-section, namely :-
"(1) When a docurnent is presented for registration under section 19, the translation together with the true @,~o~v of the document s'hall be filed in the an~rooriate"