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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,

2020.

(2)

It shall come into force on and with effect from the date of its

publication in the Official Gazette.

Short title and

commencement.

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 GOVT. GAZ. (EXTRA), OCTOBER 18, 2020

(ASVN 26, 1942 SAKA)

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2.

In the Registration Act, 1908, in its application to the State of

Punjab, after Section 19, the following Section shall be inserted, namely:-

"19-A (1) The Registering Officer shall refuse to register:

(a)

any instrument relating to transfer by way of sale, gift,

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

Insertion of

Section 19-A in

Central Act, 16 of

1908.

Refusal

to

register

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."

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020

(ASVN 26, 1942 SAKA)

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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.

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PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 18, 2020

(ASVN 26, 1942 SAKA)

2130/10-2020/Pb. Govt. Press, S.A.S. Nagar