Tuesday, December 29, 2009

TN: Amended Registration Act awaits enforcement

Amended Registration Act awaits enforcement

V.S. Palaniappan

Objective is to prevent real estate mafia from registering govt. lands

Coimbatore: The Tamil Nadu Registration Act of 1908, which was amended in November 2008 and for which Presidential assent was obtained in 2009, to protect public interest is awaiting enforcement for nearly a year.

The objective of the amendment was to prevent land sharks and real estate mafia from registering lands belonging to the government and local bodies.

Secretary of Coimbatore Consumer Cause (CCC), K. Kathirmathiyon, in a memorandum to the Secretary to the Government, Commercial Taxes and Registration Department, has expressed concern over the government legislation endlessly waiting for enforcement.

Mr. Kathirmathiyon said in order to safeguard the interest of the public and also the properties of government and the local bodies, the government had amended Registration Act 1908 and introduced a new Section 22 A, replacing the existing one and thereby banned registration of certain documents.

The amended Act banned registration of conveyance of properties belonging to the government, local bodies etc. and conveyance of lands converted as house sites without the approval of the concerned planning department authorities.

Hence the registration of the sites in the unapproved layouts and sites in layouts illegally approved was banned for Registration.

The Bill was introduced as Registration (Tamil Nadu amended) Act, 2008 in the Assembly in November 2008. President of India gave his assent to the amended Act on January 29, 2009.

Subsequently the State Government had also issued a gazette notification on March 4, 2009 for public information.

When the issue about the date for giving effect to the amendment was raised, the government said in June 2009 that action was being taken to notify the date.

"It is unfortunate that amendments were not given effect till date, defeating the very purpose of amending the Act," Mr. Kathirmathiyon said.

The government introduced the Bill only after being thoroughly satisfied with the need for legislation.

Having completed all legal formalities, the reason for not implementing the amendment remains a mystery, he said.

The attention of the Inspector General of Registration, Chennai, has also been drawn in this regard.

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