Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020
EXTRAORDINARY
Published by Authority
CHANDIGARH, SUNDAY, OCTOBER 18, 2020
(ASVINA 26, 1942 SAKA)
PUNJAB VIDHAN SABHA SECRETARIAT
NOTIFICATION
The 18th October, 2020
No. 26-PLA-2020/70.- The Registration (Punjab Amendment) Bill, 2020
is hereby published for general information under the proviso to rule 121 of
the Rules of Procedure and Conduct of Business in the Punjab Vidhan Sabha
(Punjab Legislative Assembly):-
Bill No.26-PLA-2020
THE REGISTRATION (PUNJAB AMENDMENT) BILL, 2020
A
BILL
further to amend the Registration Act, 1908 , in its application to
the State of Punjab.
Be it enacted by the legislature of the State of Punjab in the Seventy-
first Year of the Republic of India as follows:-
1. (1) This Act may be called the Registration (Punjab Amendment) Act, Short title and commencement.
2020.
(2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
( 1741 )
1742 PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020
(ASVN 26, 1942 SAKA)
2. In the Registration Act, 1908, in its application to the State of
Punjab, after Section 19, the following Section shall be inserted, namely:-
Insertion of Section 19-A in Central Act, 16 of 1908.
"19-A (1) The Registering Officer shall refuse to register:
(a) any instrument relating to transfer by way of sale, gift,
Refusal to register
mortgage, exchange, lease or otherwise of immovable
property -
(i) belonging to the Central or State Government or
any authority or undertaking of the Central or State
Government;
(ii) belonging to a Local Authority;
Explanation:- For the purpose of this sub-clause 'Local
Authority' means any Municipal Corporation, Municipal
Committee, Notified Area Committee, Nagar Panchayat,
Improvement Trust, Zila Parishad, Block Samiti, Gram
Panchayat, any other unit of local self-government or
Urban Development Authority;
(iii) Belonging to and recorded in the name of Punjab
Bhoodan Yagna Board;
(iv) belonging to waqf which are under the Punjab Waqf
Board established under the Waqf Act, 1995 (Cental
Act no.43 of 1995):
Provided that nothing in clause (a) shall apply in respect
of any document or class of documents for which
sanction in this regard has been issued by the competent
authority under any law for the time being in force and
in the absence of such authority, an authority authorized
by the Central or State Government, as the case may
be, for this purpose;
(b) any instrument relating to transfer of land recorded in the
record of rights as Shamlat deh, except land which is or has
been allotted or sold by the Government;
Provided that Shamlat deh which has been sold or allotted
after 9th day of July 1985 by the Government to a displaced PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020 1743
(ASVN 26, 1942 SAKA)
person in lieu of land left in Pakistan shall not be covered
under the above provision.
Explanation: For the purpose of this sub clause 'Record of
Rights' means the Record of Rights maintained under the
Punjab Land Revenue Act, 1987 (Punjab Act No. XVII of
1887);
(c) any instrument relating to immovable property, specified by
the State Government, by notification, the alienation or transfer
of which has been prohibited under any Central or State Act;
and
(d) a document relating to transfer of property by way of
agreement for sale, gift, exchange, or permanent alienation
of lease or otherwise pertaining to any immovable property
which is attached permanently or provisionally by any
competent authority under any Central Act or State Act for
the time being in force or any Court or Tribunal.
(2) Any document registered in contravention of Sub section (1) shall not
affect any immovable property compromised therein, or be received as evidence
of any transaction affecting such property." 1744 PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020
(ASVN 26, 1942 SAKA)
STATEMENT OF OBJECTS AND REASONS
The Registration Act, 1908 does not fully empower the Revenue
Officers to refuse to register the sale deed. There is a felt need to empower
them to do so to safeguard ownership of Central and State Government lands,
Waqf lands, Shamlat lands, etc. and to bring efficiency in implementation of
such provisions in related State and Central Acts. Through this amendment,
an enabling provision is being inserted in the Registration Act, 1908, empowering
the Revenue Officers to refuse to register the documents of sale or purchase
of Central and State Government lands, Waqf lands and Shamlat lands, etc.
GURPREET SINGH KANGAR,
Revenue, Rehabilitation and Disaster,
Management Minister, Punjab.
______________
CHANDIGARH SHASHI LAKHANPAL MISHRA
THE 18th OCTOBER, 2020 SECRETARY.