Tamil Nadu Government Gazette Extraordinary No. 173
The Government of Tamil Nadu, through Tamil Nadu Government Gazette Extraordinary No. 173 dated 14 July 2009, published three amendment Bills introduced in the Tamil Nadu Legislative Assembly on that date. The Bills concern the tenure of Special Officers in co-operative societies, registration records for government attachment orders affecting immovable property, and separate commencement dates for property valuation and registration provisions. The Gazette presents these measures as Bills and includes their statements of objects and reasons.
What the Gazette publishes
Tamil Nadu Government Gazette Extraordinary No. 173, published by the Director of Stationery and Printing on behalf of the Government of Tamil Nadu on 14 July 2009, contains three Bills introduced in the Tamil Nadu Legislative Assembly. The Gazette publishes the Bills with their statements of objects and reasons for general information.
Co-operative society administration
The Tamil Nadu Co-operative Societies (Amendment) Bill, 2009 proposes to:
- Replace the existing limit of eight years for Special Officers with eight years and six months.
- Treat the amendment as having come into force on 22 May 2009.
- Repeal the Tamil Nadu Co-operative Societies (Amendment) Ordinance, 2009, while preserving actions already taken under the amended law.
The stated reason was that fresh co-operative society elections could not be completed before the terms of the Special Officers expired. The proposal therefore extended their tenure for another six months.
Registration of property attachment orders
The Registration (Tamil Nadu Amendment) Bill, 2009 applies to the whole of Tamil Nadu and would commence on a date appointed by State Government notification. It proposes that when the State Government orders an ad-interim attachment of immovable property, or raises such an attachment, under the Tamil Nadu Protection of Interest of Depositors (in Financial Establishments) Act, 1997:
- A copy of the order must be sent to the registering officer for the area where all or part of the property is located.
- The order must be accompanied by a memorandum containing full property details.
- The registering officer must file the order in Book No. 1 or have it scanned.
This proposal is directly relevant to owners, buyers and property professionals dealing with property attached in proceedings involving financial establishments.
Property valuation and phased commencement
The Indian Stamp and the Registration (Tamil Nadu Amendment) Amendment Bill, 2009 proposes to allow different commencement dates for different provisions of the Indian Stamp and the Registration (Tamil Nadu Amendment) Act, 2006. The Bill states that it would come into force at once.
The stated purpose was to bring the provisions for forming a Valuation Committee and preparing market value guidelines into effect before provisions allowing registering officers to estimate property market value using those guidelines.
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Common questions
Does the Gazette require property attachment orders to be recorded by the registering officer?
The Registration (Tamil Nadu Amendment) Bill, 2009 proposes that State Government orders imposing or raising ad-interim attachment of immovable property be sent to the relevant registering officer and filed in Book No. 1 or scanned.
Did the property registration amendment apply immediately on 14 July 2009?
The Registration (Tamil Nadu Amendment) Bill, 2009 states that it would commence on a date appointed by the State Government through notification. The Gazette does not provide that commencement date.
Does the Gazette publish new market value guidelines for properties?
No. The Indian Stamp and the Registration (Tamil Nadu Amendment) Amendment Bill, 2009 concerns allowing different provisions to begin on different dates so that the Valuation Committee and market value guideline provisions could operate first.
Why was the tenure of co-operative society Special Officers extended?
The statement of objects and reasons says fresh elections could not be completed before the existing terms expired. The proposed amendment increased the relevant period from eight years to eight years and six months.