Indian Registration (1[Tamil Nadu] Amendment) Act, 1966*
| 1[Tamil Nadu Act No. 21 of 1966]2 | [28th December, 1966] |
An Act further to amend the Indian Registration Act, 1908 in its application to the 3[State of Tamil Nadu].
Be it enacted by the Legislature of the 3[State of Tamil Nadu] in the Seventeenth Year of the Republic of India as follows:-
1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
2 For Statement of Objects and Reasons, see Fort St. George Gazette Extraordinary, dated the 28th October, 1966, Part IV - Section 3, pages 650-651.
3 This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
* Received the assent of the President on the 22nd December, 1966, first published in the Fort St. George Gazette, on the 28th December, 1966 (Pausa 7, 1888).
1. Short title, extent and commencement.- (1) This Act may be called the Indian Registration (1[Tamil Nadu] Amendment) Act, 1966.
(2) It extends to the whole of the 3[State of Tamil Nadu].
(3) It shall come into force on such date as the State Government may, by notification, appoint.
1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
3 This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
2. Amendment of section 52, Central Act, XVI of 1908.- In section 52 of the Indian Registration Act, 1908 (Central Act XVI of 1908) (hereinafter referred to as the principal Act),-
(a) in sub-section (1),-
(i) in clause (a), the word "and" shall be added at the end;
(ii) in clause (b), the word "and" occurring at the end shall be omitted; and
(iii) clause (c) shall be omitted;
(b) after sub-section (1), the following sub-sections shall be inserted, namely:-
"(1-A) Subject to the provisions contained in section 62, where any document, not being of the class specified in the rules made under sub-section (3), is admitted to registration, it shall, without unnecessary delay, be copied in the appropriate book according to the order of its admission.
(1-B) Subject to the provisions contained in section 62 and in the rules made under sub-sections (3) and (4) and under section 89-A, where any document of the class specified in the rules made under sub-section (3) is admitted to registration, a true copy thereof shall, without unnecessary delay, be filed in the appropriate book according to the order of its admission.";
(c) after sub-section (2), the following sub-sections shall be added, namely:-
"(3) The State Government may, from time to time, specify by rules the classes of documents in respect of which true copies shall be filed in the appropriate book under sub-section (1-B).
(4) The true copy referred to in sub-section (1-B), shall be neatly handwritten, printed, typewritten, lithographed, or otherwise prepared in accordance with such rules as may be made in this behalf.
(5) The provisions of this Act shall, in their application to the classes of documents specified in the rules made under sub-section (3), have effect subject to the modifications set out in the Schedule.".
3. Amendment section 81, Central Act XVI of 1908.- 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;
(iii) for the words "or registers such document", the words "registers, or files a copy of, such document" shall be substituted.
4. Amendment of section 82, Central Act XVI of 1908.- In clause (b) of section 82 of the principal Act, for the 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 new section 89-A in Central Act XVI of 1908.- After section 89 of the principal Act, the following section, shall be inserted, namely:-
"89-A. Power to make rules for filing of copies of documents.- (1) The State Government may make rules for all purposes Connected with the filing of true copies of documents in the appropriate books under this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the furnishing of true copies of documents by the person presenting the document for registration;
(b) the manner in which true copies of documents shall be prepared; and
(c) the manner of filing of such copies.
(3) All rules made under this section shall be pub-shed in the Official Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(4) Every rule made under this section shall, as soon as possible, after it is made, be placed on the table of both Houses of the State Legislature, and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.".
6. Insertion of Schedule in Central Act XVI of 1908.- After section 91 of the principal Act, the following Schedule shall be inserted, namely:-
"THE SCHEDULE
See section 52(5)
MODIFICATION OF CERTAIN
PROVISIONS OF THE ACT
1. In section 19, omit the words and also by a true copy
2. In section 45,-
(a) in sub-section (1), for the words and figure "cause the contents thereof to be copied into his Book No. 3", substitute the words and figure "cause a true copy of the contents 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-section (2) of section 46,-
(a) for the words "unless the will has been already copied", substitute the words "unless a true copy of the will has already been filed"; and
(b) for the words and figure "cause the will to be copied into his Book No. 3", substitute the words and figure "cause a true copy of the will to be made and filed in his book No. 3".
4. In section 51,-
(a) for sub-section (2), substitute the following sub-section, namely:-
"(2) In Book I shall be filed,-
(i) true copies of all documents; and
(ii) all memoranda,
registered under sections 17, 18 and 89 which relate to immovable property, and are not wills."; and
(b) in sub-section (3), for the words "entered all documents", substitute the words "filed true copies of all documents".
5. In section 54, for the words "copied or filed" substitute the words "filed a true copy of, or".
6. In section 55,-
(a) in sub-section (2), for the words "every document entered or memorandum filed", substitute the words "every document of which a true copy, or memorandum, is filed";
(b) in sub-section (4), for the words and figure "every will and authority entered in Book No. 3", substitute the words and figure "every will and authority of which a true copy is filed in Book No. 3"; and
(c) in sub-section (5), for the words "document entered", substitute the words "document of which a rue copy is filed".
7. In sub-section (1) of section 60, for the words "the document has been copied", substitute the words "the true copy of the document has been filed".
8. In sub-section (1) of section 61, omit the words "the margin of".
9. In, section 62, for sub-section (1), substitute the following sub-section, namely:-
"(1) When a document is presented for registration under section 19, the translation together with the true copy of the document shall be filed in the appropriate book."