The Registration (Tamil Nadu Amendments ) Act, 2008

Act 2 of 2009

Keyword(s):

Registration

Amendments appended: 36 of 2009, 28 of 2012, 29 of 2012, 24 of 2022, 41 of 2022

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GOVERNMENT OF TAMIL NADU [Regd. No. TN/CCN/467/2009-11.
2009 [Price: Re. 0.80 Paise.

TAMIL NADU
GOVERNMENT GAZETTE
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No. 34] CHENNAI, THURSDAY, FEBRUARY 5, 2009

Thai 23, Thiruvalluvar Aandu–2040

Part IV—Section 2
Tamil Nadu Acts and Ordinances

The following Act of the Tamil Nadu Legislative Assembly received the assent of the
President on the 29th January 2009 and is hereby published for general information:—

ACT No. 2 OF 2009.

An Act 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 Fifty-ninth year
of the Republic of India as follows:—
1. (1) This Act may be called the Registration (Tamil Nadu Amendment) Act, 2008. Short title,
extent and
(2) It extends to the whole of the State of Tamil Nadu. commence-
(3) It shall come into force on such date as the State Government may, by ment.
notification, appoint.
Central Act 2. For section 22-A of the Registration Act, 1908, the following section shall be Substitution of
XVI of 1908. substituted, namely:— section 22-A.
“ 22-A. Refusal to register certain documents .—Notwithstanding anything contained
in this Act, the registering officer shall refuse to register any of the following documents,
namely:—
(1) instrument relating to the transfer of immovable properties by way of sale, gift,
mortgage, exchange or lease,—
(i) belonging to the State Government or the local authority or Chennai
Metropolitan Development Authority established under section 9-A of the Tamil Nadu
Tamil Nadu Act Town and Country Planning Act, 1971;
35 of 1972.
(ii) belonging to, or given or endowed for the purpose of, any religious institution
Tamil Nadu Act to which the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959
22 of 1959. is applicable;
(iii) donated for Bhoodan Yagna and vested in the Tamil Nadu State Bhoodan
Tamil Nadu Yagna Board established under section 3 of the Tamil Nadu Bhoodan Yagna Act, 1958; or
Act XV of
1958.

DTP—IV-2 Ex. (34) [3]

4 TAMIL NADU GOVERNMENT4GAZETTE EXTRAORDINARY

(iv) of Wakfs which are under the superintendence of the Tamil Nadu Wakf Central Act
Board established under the Wakf Act, 1995, 43 of 1995.

unless a sanction in this regard issued by the competent authority as provided under the
relevant Act or in the absence of any such authority, an authority so authorised by the State
Government for this purpose, is produced before the registering officer;
(2) instrument relating to the transfer of ownership of lands converted as house sites
without the permission for development of such land from planning authority concerned:
Provided that the house sites without such permission may be registered if it is
shown that the same house site has been previously registered as house site.
Explanation I.—For the purpose of this section ‘local authority’ means,—
(i) any Municipal Corporation constituted under any law for the time being
in force; or
(ii) a Municipal Council constituted under the Tamil Nadu District Municipalities Tamil Nadu Act
Act, 1920 ; or V of 1920.

(iii) a Panchayat Union Council or a Village Panchayat constituted under the Tamil Nadu Act
Tamil Nadu Panchayats Act, 1994 ; or 21 of 1994.

(iv) any other Municipal Corporation, that may be constituted under any law for
the time being in force.
Explanation II.—For the purpose of this section ‘planning authority’ means the Tamil Nadu Act
authority constituted under section 11 of, and includes the Chennai Metropolitan 35 of 1972.
Development Authority established under section 9-A of the Tamil Nadu Town and Country
Planning Act, 1971;
(3) instrument relating to cancellation of sale deeds without the consent of the
person claiming under the said sale deed.”.

(By order of the Governor)

S. DHEENADHAYALAN,
Secretary to Government,
Law Department.

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No. 295] CHENNAI, THURSDAY, NOVEMBER 19, 2009

Karthigai 3, Thiruvalluvar Aandu–2040

Part IV—Section 2
Tamil Nadu Acts and Ordinances

The following Act of the Tamil Nadu Legislative Assembly received the assent of the
President on the 12th November 2009 and is hereby published for general
information:—

ACT No. 36 OF 2009

An Act 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 Sixtieth
Year of the Republic of India as follows:—

1. (1) This Act may be called the Registration (Tamil Nadu Amendment) Act, 2009. Short title,
extent and
commence-
(2) It extends to the whole of the State of Tamil Nadu.
ment.

(3) It shall come into force on such date as the State Government may, by
notification, appoint.

Central Act 2. In section 89 of the Registration Act, 1908, after sub-section (2A), the following Amendment to
XVI of 1908. sub-section shall be added, namely:— section 89.

“(2B) The State Government passing an order for effecting or raising an

ad-interim attachment of immovable property under the Tamil Nadu Protection of Interest
of Depositors (in Financial Establishments) Act, 1997 (Tamil Nadu Act 44 of 1997) shall
send a copy of such order together with the memorandum giving the full details of the
property to the registering officer within the local limits of whose jurisdiction the whole
or any part of the said immovable property is situate and such registering officer shall
file the copy of such order in Book No. 1 or get it scanned.”.
(By order of the Governor)

S. DHEENADHAYALAN,
Secretary to Government,
Law Department.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU
IV-2 Ex. (295)
[ 135 ]
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No. 173] CHENNAI, THURSDAY, JUNE 21, 2012

Aani 7, Thiruvalluvar Aandu–2043

Part IV—Section 2
Tamil Nadu Acts and Ordinances

The following Act of the Tamil Nadu Legislative Assembly received the assent of the
Governor on the 20th June 2012 and is hereby published for general information:—

ACT No. 28 OF 2012.

An Act to amend the Registration (Tamil Nadu Amendment) Act, 2008.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the

Sixty-third Year of the Republic of India as follows:—
1. (1) This Act may be called the Registration (Tamil Nadu Amendment) Short title and
Amendment Act, 2012. commence-
ment.
(2) It shall come into force at once.
Tamil Nadu 2. In section 1 of the Registration (Tamil Nadu Amendment) Act, 2008, Amendment of
Act 2 of section 1.
in sub-section (3), after the expression “by notification, appoint”, the expression
2009.
“and different dates may be appointed for different provisions of this Act” shall
be inserted.

(By order of the Governor)

G. JAYACHANDRAN,
Secretary to Government,
Law Department.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

DTP IV-2 Ex. (173) [ 201 ]

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No. 308] CHENNAI, FRIDAY, NOVEMBER 2, 2012

Aippasi 17, Thiruvalluvar Aandu–2043

Part IV—Section 2
Tamil Nadu Acts and Ordinances

The following Act of the Tamil Nadu Legislative Assembly received the assent of the
President on the 24th October 2012 is hereby published for general information:-

ACT No. 29 OF 2012.

An Act 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
Sixty-third Year of the Republic of India as follows:—
1. (1) This Act may be called the Registration (Tamil Nadu Amendment) Short title,
Act, 2012. extent and
commence-
(2) It extends to the whole of the State of Tamil Nadu. ment.

(3) It shall come into force on such date as the State Government
may, by notification, appoint.
Central Act 2. In section 17 of the Registration Act, 1908 (hereinafter referred to as Amendment of
XVI of the principal Act),— section 17.
1908.
(1) in sub-section (1), for clause (f), the following clauses shall be
substituted, namely:—
“(f) instruments of agreement relating to construction of building as
referred to in clause (i) under Article 5 of Schedule I to the Indian Stamp
Act, 1899 (Central Act II of 1899);
(g) instruments of agreement relating to sale of immovable property
of the value of one hundred rupees and upwards;
(h) instruments of Power of Attorney relating to immovable property
other than those executed outside India;
(i) instruments evidencing an agreement relating to the deposit of
title deeds:”;
(2) in sub-section (2), the Explanation shall be omitted.

DTP IV-2 Ex. (308)—1 [249]

 250 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Amendment of 3. In section 28 of the principal Act,—

section 28.
(1) in clause (a), for the expression “clauses (a), (b), (c), (d) and (e),”
the expression “clauses (a), (b), (c), (d), (e), (f), (g), (h) and (i)” shall be
substituted;
(2) to clause (a), as so amended, the following proviso shall be added,
namely:-
“Provided that every document mentioned in clause (h) of
sub-section (1) of section 17 may also be presented for registration in the
office of the Sub-Registrar within whose jurisdiction the principal ordinarily
Insertion of resides;”.
new section
34-B. 4. After section 34-A of the principal Act, the following section shall be
inserted, namely:—
“34-B. Procedure for Registration of document of Power of Attorney
relating to immovable property.—Subject to the provisions of this Act, no
document of Power of Attorney relating to immovable property shall be registered,
unless passport size photographs and finger prints of the principal, the agent
and of the identifying witnesses are affixed to the document and the agent
has also signed such document.”.
Amendment of
section 50. 5. In section 50 of the principal Act, in sub-section (1), for the expression
“clauses (a), (b), (c) and (d) of section 17”, the expression “clauses (a), (b),
(c), (d), (f), (g), (h) and (i) of section 17” shall be substituted.
Insertion of
new section 6. After section 64 of the principal Act, the following section shall be
64-A.
inserted, namely:—
“64-A. Procedure where instrument of Power of Attorney presented in office
of Sub-Registrar relates to immovable property not situate in sub-district.—
Every Sub-Registrar on registering an instrument of Power of Attorney including
instrument of revocation or cancellation of such Power of Attorney relating to
immovable property not situate in his own sub-district, shall make a copy and
send the same together with a copy of the map or plan (if any) mentioned
in section 21, to every other Sub-Registrar in whose sub-district the whole
or any part of such property is situate and such Sub-Registrar shall file the
same in his Book No.1:
Provided that where such instrument relates to immovable property in several
districts, shall forward the same to the Sub-Registrars concerned, under
intimation to the Registrar of every district in which any part of such property
is situate.”.
(By order of the Governor)

G. JAYACHANDRAN,
Secretary to Government,
Law Department.

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No. 288] CHENNAI, FRIDAY, MAY 20, 2022

Vaikasi 6, Subakiruthu, Thiruvalluvar Aandu–2053

Part IV—Section 2
Tamil Nadu Acts and Ordinances

The following Act of the Tamil Nadu Legislative Assembly received the
assent of the President on the 7th May 2022 and is hereby published
for general information:—

ACT No. 24 OF 2022.

An Act 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 Short title,
Amendment) Act, 2021. extent and
commence-
ment.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall come into force on such date as the State Government
may, by notification, appoint.

Central Act XVI 2. To section 32 of the Registration Act, 1908 (hereinafter referred to Amendment of
of 1908. as the principal Act), the following proviso shall be added, namely:— section 32.

“Provided that the State Government may, by notification, specify

such documents which may be presented through electronic means.”.

3. For section 32-A of the principal Act, the following sections shall be Substitution of
substituted, namely:— section 32-A.

“32-A. Registration by electronic means.—In cases, where the

document is presented for registration by electronic means, the procedure
for its presentation, appearance for admission, endorsements, manner of
fixing signature and seal, mode of payment of registration fees and other
fees and such other process, shall be such as may be prescribed by rules
made in this behalf.

IV-2 Ex. (288) [121 ]

122 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

32-AA. Compulsory affixing of photograph, etc.— Every

person presenting any document at the proper registration office under
section 32 shall affix his passport size photograph and fingerprints to the
document:

Provided that where such document relates to the transfer of ownership

of immovable property, the passport size photograph and fingerprints of
each buyer and seller of such property mentioned in the document shall
also be affixed to the document.”.

Amendment of 4. In section 52 of the principal Act, in sub-section (1), in clause (a),

section 52. for the expression “under section 32-A”, the expression “under
section 32-AA” shall be substituted.

Amendment of 5. In section 69 of the principal Act, in sub-section (1), after clause (gg),
section 69. the following clause shall be inserted, namely:—

“(ggg) regulating the procedure for presentation of documents,

appearance for admission, endorsements, manner of fixing signature and
seal, mode of payment of registration fees and other fees and such other
process, when the document is presented by electronic means.”.

(By Order of the Governor)

C. GOPI RAVIKUMAR,
Secretary to Government (Legislation),
Law Department.

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ON BEHALF OF THE GOVERNMENT OF TAMIL NADU
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No. 428] CHENNAI, TUESDAY, AUGUST 16, 2022

Aadi 31, Subakiruthu, Thiruvalluvar Aandu–2053

Part IV—Section 2
Tamil Nadu Acts and Ordinances

The following Act of the Tamil Nadu Legislative Assembly received the
assent of the President on the 6th August 2022 and is hereby published for
general information:—

ACT No. 41 OF 2022.

An Act 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 Short title,
Amendment) Act, 2021. extent and
commencement.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall come into force at once.

Central Act XVI 2. In section 2 of the Registration Act, 1908 (hereinafter referred to as the Amendment of
of 1908. principal Act), after clause (5), the following clause shall be inserted, namely:— section 2.

“(5-A) “forged document” shall have the same meaning assigned to it in

section 470 of the Indian Penal Code, 1860;”.
3. After section 22-A of the principal Act, the following section shall be Insertion of new
inserted, namely:— section 22-B.

“22-B. Refusal to register forged documents and other documents

prohibited by law.— Notwithstanding anything contained in this Act, the
registering officer 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;

IV-2 Ex. (428) [225]

226 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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 notification,

specify.”.
Insertion of new 4. After section 77 of the principal Act, the following sections shall be
sections 77-A inserted, namely:—
and 77-B.
“77-A. Cancellation of registered documents in certain cases.—
(1) The Registrar, either suo moto 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 affected 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
confirming, 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.”.
Insertion of new 5. After section 81 of the principal Act, the following sections shall be
sections 81-A inserted, namely:—
and 81-B.
“81-A. Penalty for registering documents in contravention of
sections 22-A and 22-B.—(1) Every registering officer appointed under this Act
and every person employed in his office 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 fine, or with both.

(2) Nothing contained in this section shall apply in the case of registration
of a document made in good faith.
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 justified Central Act XLV of
by law under section 79 of the Indian Penal Code, 1860. 1860.

81-B. Offences by companies.—(1) Where an offence under this Act

has been committed, by a company, every person who, at the time the offence
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 offence and shall be liable to be proceeded against
and punished accordingly:
 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 227

Provided that nothing contained in this sub-section shall render any such
person liable to any punishment, if he proves that the offence was committed
without his knowledge or that he had exercised all due diligence to prevent the
commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where

any offence under this Act has been committed by a company and it is proved
that the offence, 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 officer of the company, such director, manager, secretary or other officer
shall be deemed to be guilty of that offence and shall be, liable to be proceeded
against and punished accordingly.
Explanation.— For the purposes of this section,—

(a) “company” means any body corporate and includes a firm or

other association of individuals, and

(b) “director” in relation to a firm means a partner in the firm.”.

(By order of the Governor)

C. GOPI RAVIKUMAR,
Secretary to Government (Legislation),
Law Department.

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