TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY No. 392] CHENNAI, THURSDAY, SEPTEMBER 2, 2021 Aavani 17, Pilava, Thiruvalluvar Aandu-2052 Part IV—Section 1 Tamil Nadu Bills [157] © [Regd. No. TN/CCN/467/2012-14. GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2021 [Price: Rs. 1.60 Paise. Ex-IV-1-392—E BILL INTRODUCED IN THE LEGISLATIVE ASSEMBLY OF THE STATE OF TAMIL NADU Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 2nd September, 2021

[9/28, 07:21] Sekarreporter.: TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY PUBLISHED BY AUTHORITY
No. 392] CHENNAI, THURSDAY, SEPTEMBER 2, 2021
Aavani 17, Pilava, Thiruvalluvar Aandu-2052
Part IV—Section 1
Tamil Nadu Bills
[157]
© [Regd. No. TN/CCN/467/2012-14.
GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009.
2021 [Price: Rs. 1.60 Paise.
Ex-IV-1-392—E
BILL INTRODUCED IN THE LEGISLATIVE ASSEMBLY OF THE
STATE OF TAMIL NADU
Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following
Bill which was introduced in the Legislative Assembly of the State of
Tamil Nadu on 2nd September, 2021 is published together with Statement
of Objects and Reasons for general information:—
L.A. Bill No. 27 of 2021
A Bill further to amend the Registration Act, 1908 in its application to
the State of Tamil Nadu.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu
in the Seventy-second Year of the Republic of India as follows:—
1. (1) This Act may be called the Registration (Tamil Nadu
Second Amendment) Act, 2021.
Short title, extent
and commence-
ment.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force at once.
Central Act
XVI of 1908
2. In section 2 of the Registration Act, 1908 (hereinafter referred to
as the principal Act), after clause (5), the following clause shall be inserted,
namely:—
“(5-A) “forged document” shall have the same meaning assigned to
it in section 470 of the Indian Penal Code, 1860;”.
Amendment of
section 2.
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Insertion of new
section 22-B.
3. After section 22-A of the principal Act, the following section shall be
inserted, namely:—
“22-B. Refusal to register forged documents and other documents
prohibited by law.— Notwithstanding anything contained in this Act, the
registering offi cer shall refuse to register the following documents, namely:—
(1) forged document;
(2) document relating to transaction, which is prohibited by any
Central Act or State Act for the time being in force;
(3) document relating to transfer of immovable property by way of
sale, gift, lease or otherwise, which is attached permanently or provisionally
by a competent authority under any Central Act or State Act for the time
being in force or any Court or Tribunal;
(4) any other document as the State Government may, by
notifi cation, specify.”.
Insertion of new
sections 77-A
and 77-B.
4. After section 77 of the principal Act, the following sections shall be
inserted, namely:—
“77-A. Cancellation of registered documents in certain
cases.— (1) The Registrar, either suo motto or on a complaint received
from any person, is of the opinion, that registration of a document
is made in contravention of section 22-A or section 22-B, shall
issue a notice to the executant and all the parties to the document and parties
to subsequent documents, if any, and all other persons who, in the opinion of
the Registrar, may be aff ected by the cancellation of the document, to show
cause as to why the registration of the document shall not be cancelled. On
consideration of reply, if any received therefor, the Registrar may cancel
the registration of the document and cause to enter such cancellation in the
relevant books and indexes.
(2) The power under sub-section (1) may also be exercised by the
Inspector General of Registration.
77-B. Appeal.- (1) Any person aggrieved by an order of the Registrar
under sub-section (1) of section 77-A may prefer an appeal to the Inspector
General of Registration within thirty days from the date of cancellation of
the document and the Inspector General of Registration shall pass an order
confi rming, modifying or cancelling the order of the Registrar.
(2) In the case of an order passed by the Inspector General of
Registration under sub-section (2) of section 77-A, an appeal shall lie to the
State Government within thirty days from the date of the order.”.
5. After section 81 of the principal Act, the following sections shall be
inserted, namely:—
“81-A. Penalty for registering documents in contravention of
sections 22-A and 22-B.—(1) Every registering offi cer appointed under
this Act and every person employed in his offi ce for the purposes of this
Act, who, being charged with registering the documents presented for
registration under this Act, registers documents in contravention of section
22-A or section 22-B, shall be punishable with imprisonment for a term which
may be extended to three years, or with fi ne, or with both.
(2) Nothing contained in this section shall apply in the case of
registration of a document made in good faith.
Insertion of new
sections 81-A
and 81-B.
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Central Act XLV of
1860.
Explanation.— For the purpose of this sub-section, the expression
“good faith” means any act believed or done by a person in good faith with
due care, caution and sense of responsibility or by mistake of fact believing
himself justifi ed by law under section 79 of the Indian Penal Code, 1860.
81-B. Off ences by companies.—(1) Where an off ence under this
Act has been committed, by a company, every person who, at the time
the off ence was committed, was in-charge of, and was responsible to, the
company for the conduct of the business of the company, as well as the
company, shall be deemed to be guilty of the off ence and shall be liable to
be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any
such person liable to any punishment, if he proves that the off ence was
committed without his knowledge or that he had exercised all due diligence
to prevent the commission of such off ence.
(2) Notwithstanding anything contained in sub-section (1), where
any off ence under this Act has been committed by a company and it is proved
that the off ence, has been committed with the consent or connivance of, or
it attributable to, any neglect on the part of any director, manager, secretary
or other offi cer of the company, such director, manager, secretary or other
offi cer shall be deemed to be guilty of that off ence and shall be, liable to be
proceeded against and punished accordingly.
Explanation.— For the purposes of this section,—
(a) “company” means anybody corporate and includes a fi rm or
other association of individuals, and
(b) “director” in relation to affi rm means a partner in the fi rm.”.