The Registration (Goa, Daman and Diu Amendment) Act, 1985

The Registration (Goa, Daman and Diu Amendment) Act, 1985 Act 24 of 1985 Keyword(s): Registration DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. – 1 – The Registration (Goa, Daman and Diu Amendment) Act, 1985 – 2 – The Registration (Goa, Daman and Diu Amendment) Act, 1985 The Indian Registration (Goa, Daman and Diu Amendment) Act, 1968 (Act No. 2 of 1968) [2-2-1968] published in the Government Gazette, Series I No. 47 dated 23-2-1968. The Registration (Goa, Daman an. The Registration (Goa, Daman and Diu Amendment) Act, 1985 (Act No. 24 of 1985) (31-7-1985) published in the Official Gazette, Series I No. 36 dated 5-12-1985 and came into force at once. The Indian Registration (Goa, Daman and Diu Amendment) Act, 1985 (Act No. 14 of 1985) (20-3-1985) published in the Official Gazette, Series I No. 13 dated 27-6-1985 and came into force at once. Arrangement of Sections 1 Short title and commencement 4 Amendment of sections 45, 46, 51, 52, 54, 2 Amendment of section 2 55, 60, 61, 62, 81, 82, 83 and 90 3 Insertion of sections 19A, 89A and 78A GOVERNMENT OF GOA, DAMAN AND DIU Law Department Legal Affairs Branch — Notification 7/6/85-LA The following Act which was passed by the Legislative Assembly of Goa, Daman and Diu on the 31st day of July, 1985 and assented to by the President of India on 25-10-1985 is hereby published for the general information of the public. B. S. Subbanna, Under Secretary (Drafting) to the Government of Goa, Daman and Diu. Panaji, 18th November, 1985. —— The Registration (Goa, Daman and Diu Amendment) Act, 1985 (Act No. 24 of 1985) AN ACT to amend the Registration Act, 1908. Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Thirty-sixth Year of the Republic of India as follows, namely:— 1. Short title and commencement.— (1) This Act may be called the Registration (Goa, Daman and Diu Amendment) Act, 1985. (2) It shall come into force at once. – 3 – 1[2. Amendment of section 2 of the Indian Registration Act, 1908 (Central Act 16 of 1908).— In section 2 of the Indian Registration Act, 1908 (hereinafter referred to as the principal Act), in clause (1), before the words “his father’s name”, the word “his marital status, and” shall be inserted.] 3. Insertion of section 19 A.— After section 19 of the Registration Act, 1908 (Central Act 16 of 1908) (hereinafter referred to as the principal Act), the following section shall be inserted, namely:— “19A. Documents presented for registration to be accompanied by true copies thereof. — (1) No document shall be accepted for registration unless it is accompanied by a true copy thereof. (2) The true copy referred to in sub-section (1) shall be neatly handwritten, printed, typewritten, lithographed or otherwise prepared in accordance with such rules as may be made in this behalf.”. 4. Amendment of section 45. — In section 45 of the principal Act,— (a) in sub-section (1), for the words, letters and figure “cause the contents thereof to be copied into his Book No. 3”, the words, letters and figure “cause a true copy of the contents thereof to be made and filed in his Book No. 3” shall be substituted; (b) in sub-section (2), for the words “copy has been made”, the words “true copy has been filed” shall be substituted. 5. Amendment of section 46. — In section 46 of the principal Act, in sub-section (2),— (a) for the words “unless the will has been already copied”, the words “unless a true copy of the will has already been filed” shall be substituted; (b) for the words, letters and figure “cause the will to be copied into his book No. 3”, the words, letters and figure “cause a true copy of the will to be made and filed in his Book No. 3” shall be substituted. 6. Amendment of section 51.— In section 51 of the principal Act,— (a) for sub-section (2), the following sub-section shall be substituted, namely:— “(2) In Book 1 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.”; (b) in sub-section (3), for the words “entered all documents”, the words “filed true copies of all documents” shall be substituted. 1 Amended by the Indian Registration (Goa, Daman and Diu Amendment) Act, 1968 (Act No. 2 of 1968. – 4 – 7. Amendment of section 52.— In section 52 of the principal Act, for clause (c) of sub-section (1), the following clause shall be substituted, namely:— “(c) subject to the provisions contained in section 62, where a document 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.”. 8. Amendment of section 54.— In section 54 of the principal Act, for the words “copied or filed a memorandum of,”, the words “filed a true copy or a memorandum of” shall be substituted. 9. Amendment of section 55.— In section 55 of the principal Act,— (a) in sub-section (2), for the words “document entered or memorandum filed”, the words “document of which a true copy or a memorandum, is filed” shall be substituted; (b) in sub-section (4), for the words “authority entered”, the words “authority of which a true copy is filed” shall be substituted; (c) in sub-section (5), for the words “document entered”, the words “document of which a true copy is filed” shall be substituted. 10. Amendment of section 60.— In section 60 of the principal Act, in sub-section (1), for the words “the document has been copied”, the words “the true copy of the document has been filed” shall be substituted. 11. Amendment of section 61.— In section 61 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:— “(1) The endorsements and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the true copy of the document presented alongwith the document, and the true copy of the map or plan (if any) mentioned in section 21 shall also be filed along with the true copy of the document.”. 12. Amendment of section 62.— In section 62 of the principal Act, for sub-section (1), the following sub-section shall be substituted, 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.”. 2[“78 A. Power to reduce or remit fees.— If the Government of Goa, Daman and Diu is satisfied that it is necessary in the public interest so to do, it may, by notification in the Official Gazette, reduce or remit, whether prospectively or retrospectively, in the whole or any part of the territory, any fee or fees payable in respect of any of the matters enumerated in clauses (a) to (i) of section 78, either generally or for any particular class or classes of cases and in respect of persons generally or any particular class or classes of persons.”.] 13. Amendment of section 81.— In section 81 of the principal Act,— (a) for the words “or registering of any document”, the words “registering, or filing a true copy of , any document” shall be substituted; 2 Inserted new section 78A after section 78 of the Registration Act, 1908 (Central Act 16 of 1908) by the Amendment Act 14 of 1985 . – 5 – (b) for the words “or registers such document”, the words “registers or files a true copy of, such document” shall be substituted. 14. Amendment of section 82.— In clause (b) of section 82 of the principal Act, for the words and figures “section 19 or section 21”, the words “this Act or the rules made thereunder” shall be substituted. 3 [15. Amendment of section 83.— In section 83 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:— “(1) No prosecution for any offence under this Act shall be commenced save by or with the permission of the Inspector General or any officer empowered in this behalf by the Government”. ] 16. Insertion of section 89A.— After section 89 of the principal Act, the following section shall be inserted, namely:— “89A. Power to make rules for filing of true 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 manner in which true copies of documents shall be prepared; and (b) the manner of filing and pasting of such copies; (3) All rules made under this section shall be published 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 be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides 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.”. 4 [17. Amendment of section 90.— In section 90 of the principal Act, in sub-section (1), in sub-clause (d), for the words “grants or assignments by Government of land or of any interest, in land”, the words “grants, assignments or leases by Government of immovable property or of any interest in immovable property” shall be substituted.] Secretariat, M. RAGHUCHANDER Panaji-Goa. Law Secretary to the Government of Dated: 18th November, 1985. Goa, Daman and Diu, Law Department (Legal Affairs Branch). 3 Amended by the Indian Registration (Goa, Daman and Diu Amendment) Act, 1968 (Act No. 2 of 1968. 4 Amended by the Indian Registration (Goa, Daman and Diu Amendment) Act, 1968 (Act No. 2 of 1968.