Registration (Tamil Nadu Second Amendment) Act, 2021 (428 Ex IV 2)
The Government of Tamil Nadu, Law Department, published the Registration (Tamil Nadu Second Amendment) Act, 2021 in Tamil Nadu Government Gazette Extraordinary No. 428 on August 16, 2022, after it received the President's assent on August 6, 2022. The Act amends the Registration Act, 1908 across Tamil Nadu by requiring refusal of certain prohibited documents, allowing cancellation of registrations made in violation of the law, creating appeal rights and introducing penalties.
What the Act changes
The Registration (Tamil Nadu Second Amendment) Act, 2021 applies throughout Tamil Nadu and states that it comes into force at once. It amends the Registration Act, 1908 as applicable to the State.
The amendment defines a forged document by adopting the meaning assigned to that expression in section 470 of the Indian Penal Code, 1860. It also inserts provisions dealing with refusal and cancellation of registrations.
Documents that can be refused
Under the new section 22-B, a registering officer must refuse to register specified documents. The supplied text identifies the following:
- A document relating to a transaction prohibited by a Central Act or State Act in force.
- A document transferring immovable property by sale, gift, lease or otherwise, where the property is permanently or provisionally attached by a competent authority, court or tribunal under a Central Act or State Act.
- Any other document specified by the State Government through a notification.
Cancellation and appeals
Section 77-A allows the Registrar to act on the Registrar's own initiative or on a complaint from any person where a document appears to have been registered in contravention of section 22-A or section 22-B.
Before cancelling registration, the Registrar must issue notice to the executant, all parties to the document, parties to later documents and other people who may be affected. After considering any reply, the Registrar may cancel the registration and record the cancellation in the relevant books and indexes. The Inspector General of Registration may also exercise this cancellation power.
A person affected by a Registrar's cancellation order may appeal to the Inspector General of Registration within thirty days from the cancellation date. Where the Inspector General of Registration made the original order, an appeal may be made to the State Government within thirty days.
Penalties and companies
A registering officer or registration office employee who registers documents contrary to section 22-A or section 22-B may face imprisonment for up to three years, a fine, or both. Registration carried out in good faith is excluded from this penalty.
Where a company commits an offence, the company and people responsible for its business may be liable. A responsible person may avoid punishment by proving lack of knowledge or that due diligence was exercised. Directors, managers, secretaries and other officers may also be liable where consent, connivance or neglect is proved.
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Common questions
Can a Sub-Registrar register a sale deed for property under attachment?
The registering officer must refuse a document transferring immovable property if the property is permanently or provisionally attached by a competent authority, court or tribunal under a Central Act or State Act.
Can an already registered document be cancelled under this amendment?
Yes. The Registrar or Inspector General of Registration may cancel a document registered in contravention of section 22-A or section 22-B, after notice is given to affected parties and any reply is considered.
Can I appeal against cancellation of my registered document?
Yes. An appeal against the Registrar's order may be filed with the Inspector General of Registration within thirty days from the cancellation date. An order originally made by the Inspector General of Registration may be appealed to the State Government within thirty days.
Does every mistaken registration lead to punishment?
No. The penalty provision does not apply where a document was registered in good faith, which requires due care, caution and a sense of responsibility, or a qualifying mistake of fact.
