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Registration Act, 1908 Section 22 - Bare Act

StateCentral Government
Year
Section TitleDescription of Houses and Land by Reference to Government Maps or Surveys
Act Info:

(1) Where it is, in the opinion of the1[State Government], practicable to describe houses, not being houses in towns, and lands by reference to a Government map or survey, the1[State Government] may, by rule made under this Act, require that such houses and lands as aforesaid shall, for the purposes of section 21, be so described.

(2) Save as otherwise provided by any rule made under sub-section (1), failure to comply with the provisions of section 21, sub-section (2) or sub-section (3), shall not disentitle a document to be registered if the description of the property to which it relates is sufficient to identify that property.

STATE AMENDMENTS

2Delhi:

Same as in Punjab.

3Gujarat:

Same as that of Maharashtra.

4Maharashtra:

In section 22, for sub-section (2), substitute the following, namely:--

"(2) Except in the case of city surveyed areas and except as otherwise provided by any rule made under sub-section (1), failure to comply with the provisions of section 21, sub-section (2) or sub-section (3), shall not disentitle a document to be registered if the description of the property to which it relates is sufficient to identify that property."

5Punjab, Haryana, Chandigarh:

In section 22, in sub-section (1), omit the words "not being houses in towns".

Section 22A

6Andhra Pradesh:

After section 22, the following section shall be inserted:--

"22A. Documents registration of which is opposed to public policy.--(1) The State Government may, by notification in the Official Gazette, declare that the registration of any document or class of documents is opposed to public policy.

(2) Notwithstanding anything contained in this Act, the registering officer shall refuse to register any document to which a notification issued under sub-section (1) is applicable."

7Bihar:

After section 22 insert as under:--

"22A. Registration of documents which is against the public policy.--(1) The State Government may, by notification in the Official Gazette, declare that the registration of any document or class of documents is against the public policy.

(2) Notwithstanding anything contained in the Act, the registering officer shall refuse to register any document to which the notification issued under sub-section (1) is applicable."

8Gujarat:

Same as that of Maharashtra.

9Karnataka:

Same as that of Maharashtra.

10Maharashtra:

After section 22, insert the following section, namely:--

"22A. Documents registration of which is opposed to public policy.--(1) The State Government may, by notification in the Official Gazette, declare that the registration of any document or class of document is opposed to public policy.

(2) Notwithstanding anything contained in this Act, the registering officer shall refuse to register any document to which a notification issued under sub-section (1) is applicable."

Note.--For notifications barring registration of documents relating to permanent alienation of agricultural land without sanction from the Collector, see Bombay Government Notification No. 1958/97574 IV-27/28 January, 1959 and No. 1959/192322(b), dated 18-1-1960; for similar notification in respect of Vidarbha region, see Bombay Gazette, 1958, Pt. IV, p. 12; for declaration of registration of trade marks under this Act as being against public policy, see Bombay Gazette, 1958, Pt. IVA, p. 504.

11Meghalaya:

After section 22, insert as under:

"22A. Registration of certain documents may be declared as -being opposed to public policy.--(1) The State Government may, by notification in the Official Gazette, declare that registration of any document or class of documents is opposed to public policy.

(2) Notwithstanding anything contained in this Act, the registering officer shall refuse to register any document to which a notification made under sub-section (1) is applicable."

12Rajasthan:

Same as that of Maharashtra.

13West Bengal:

After section 22, insert the following new section 22A:--

"22A. Registration of certain documents to be opposed to public policy.--(I) The State Government may, by notification in the Official Gazette, declare that the registration of any document or any class of documents specified in such notification shall be opposed to public policy.

(2) The registering officer shall examine a document prescribed for registration is one to which a notification under sub-section (1) is applicable and shall take such evidence as may be produced by the parties and may also require them to produce all documents in their possession or custody which the registering officer considers relevant.

(3) Notwithstanding anything to the contrary contained elsewhere in the Act, the registering officer shall refuse to register any document or any class of documents to which a notification under sub-section (1) is applicable."

________________________

1. Substituted by the A.O. 1950, for "Provincial Government".

2. Vide Notification No. 189/38 dated 30th May, 1939, as amended by No. 72/43-Public, dated 16th September, 1943.

3. Vide Act 11 of 1960, Section 87 and Gujarat A.L.O. I960.

4. Vide Bombay Act 35 of 1958, Section 5 (w.e.f. 24-4-1958).

5. Vide Punjab Act 8 of 1941, Section 2 (w.e.f. 23-5-1941) read with Act 23 of 1960, Section 4; Act 31 of 1966, Section 88.

6. Vide Andhra Pradesh Act 4 of 1999, Section 4 (w.e.f. 1-4-1999).

7. Vide Bihar Act 6 of 1991, Section 2 (w.e.f. 8-8-1991).

8. Vide Act 11 of 1960, Section 87; Gujarat A.L.O., 1960.

9. Vide Karnataka Act 55 of 1976, Section 3 (w.e.f. 23-10-1976).

10 . Vide Bombay Act 24 of 1938 (w.e.f. 8-2-1939) read with Act 35 of 1958 (w.e.f. 24-4-1958).

11. Vide Meghalaya Act 5 of 1990, Section 2 (w.e.f. 22-6-1990).

12. Vide Rajasthan Act 16 of 1976, Section 2 (w.e.f. 13-2-1976).

13. Vide Registration (West Bengal Amendment) Act, 1981.




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