Registration (Tamil Nadu Second Amendment) Act, 2021 (14 Sep 2022)

What the document does

The Tamil Nadu Registration Department issued Letter No. 24819/C1/2021 dated 14 September 2022 to circulate the Registration (Tamil Nadu Second Amendment) Act, 2021, published as Tamil Nadu Act No. 41 of 2022. The letter states that the amendments took effect on 16 August 2022 and sends the Gazette publication to registration officers for compliance.

The amendment applies throughout Tamil Nadu. It changes the Registration Act, 1908 by adding provisions on forged documents, refusal of registration, cancellation of registered documents, appeals and penalties.

Documents that must be refused

Section 22-B requires a registering officer to refuse registration of:

• A forged document.
• A document concerning a transaction prohibited by a Central or State law in force.
• A sale, gift, lease or other transfer of immovable property that has been permanently or provisionally attached by a competent authority, court or tribunal under a Central or State law.
• Any other document specified by the State Government through a notification.

The amendment defines a forged document by reference to the meaning assigned in section 470 of the Indian Penal Code, 1860.

Cancellation of an existing registration

Section 77-A allows a Registrar to act independently or on a complaint from any person when the Registrar considers that a document was registered contrary to section 22-A or section 22-B.

Before cancellation, the Registrar must issue notice to:

• The person who executed the document.
• Every party to the document.
• Parties to later documents, if any.
• Other persons whom the Registrar considers may be affected.

After considering any replies, 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.

Appeals and penalties

A person affected by a Registrar's cancellation order may appeal to the Inspector General of Registration within thirty days from the date of cancellation. If the cancellation order was made by the Inspector General of Registration, an appeal may be made to the State Government within thirty days from the date of that order.

Registration officers and registration office employees who register documents contrary to sections 22-A or 22-B may face imprisonment for up to three years, a fine, or both. Registration carried out in good faith is excluded. The amendment also sets out when companies and their responsible officers may be liable for offences.