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No. 380] CHENNAI, FRIDAY, AUGUST 27, 2021 Aavani 11, Pilava, Thiruvalluvar Aandu-2052
Part IV—Section 1
Tamil Nadu Bills
CONTENTS
Pages.
BILLS:
No. 21 of 2021--The Tamil Nadu Court-fees and Suits Valuation (Amendment) Act, 2021. .. 128-129 No. 22 of 2021--The Registration (Tamil Nadu Amendment) Act, 2021 .. .. .. 130-131
[127]
Ex-IV-1-380—E128 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
BILLS INTRODUCED IN THE LEGISLATIVE ASSEMBLY OF THE
STATE OF TAMIL NADU
Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 27th August, 2021 is published together with Statement of Objects and Reasons for general information:—
L.A. Bill No. 21 of 2021
A Bill further to amend the Tamil Nadu Court-fees and
Suits Valuation Act, 1955.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Seventy-second Year of the Republic of India as follows:-
1. (1) This Act may be called the Tamil Nadu Court-fees and Suits Valuation
(Amendment) Act, 2021.
Short title and commence- ment.
(2) It shall come into force at once.
Amendment of
2. In the Tamil Nadu Court-fees and Suits Valuation Act, 1955, in Schedule I, for Tamil Nadu Schedule-I.
the entries in columns (2) and (3) against Article 7 in column (1) thereof, the following Act XIV of entries shall, respectively, be substituted, namely:-
1955. "Certifi cate under the Indian Three per cent on the debt and security or the
Succession Act, 1925.
aggregate amount or value of the debts and
securities specifi ed in the Succession Certifi cate,
subject to a maximum of twenty fi ve thousand
rupees".
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 129STATEMENT OF OBJECTS AND REASONS.
Based on the recommendations of the Committee constituted under the Chairmanship of Justice K.Sampath (Retd.), among others, the Court-fees for Probate or Letters of Administration has been fi xed as three per cent on the amount or value of the estate in respect of which the grant of Probate or Letters of Administration is made, subject to a maximum of Twenty-fi ve thousand rupees by amending the Tamil Nadu Court-fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955) by the Tamil Nadu Court Fees and Suits Valuation (Amendment) Act, 2017 (Tamil Nadu Act 6 of 2017). Writ Petition and Original Petition have been fi led before the High Court of Madras for revising the court-fees to apply for Succession Certifi cate in the Court, as has been made in the case of Probate of Will. Since, both Probate and Succession Certifi cate are on the same footing, the Government have decided to amend Article 7 in Schedule I to the Tamil Nadu Court-fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955), so as to revise the fee for Succession Certifi cate on the lines of the fee levied for Probate of Will or Letters of Administration.
2. The Bill seeks to give effect to the above decision.
S. REGUPATHY, Minister for Law.
Chennai-600 009,
K. SRINIVASAN,
27th August 2021.
Secretary.
130 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARYUnder Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 27th August, 2021 is published together with Statement of Objects and Reasons for general information:—
L.A. Bill No. 22 of 2021
A Bill further to amend the Registration Act, 1908 in its application to
the State of Tamil Nadu.
BE it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-second Year of the Republic of India as follows:—
1. (1) This Act may be called the Registration (Tamil Nadu
Short title,
Amendment) Act, 2021.
extent and
commence-
ment.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the State Government
may, by notifi cation, appoint.
Amendment of
2. To section 32 of the Registration Act, 1908 (hereinafter referred to Central Act XVI section 32.
as the principal Act), the following proviso shall be added, namely:—
of 1908.
"Provided that the State Government may, by notifi cation, specify
such documents which may be presented through electronic means.".
Substitution of
3. For section 32-A of the principal Act, the following sections shall be
section 32-A. substituted, namely:—
"32-A. Registration by electronic means.— In cases, where the
document is presented for registration by electronic means, the procedure
for its presentation, appearance for admission, endorsements, manner of
fi xing signature and seal, mode of payment of registration fees and other
fees and such other process, shall be such as may be prescribed by rules
made in this behalf.
32-AA. Compulsory affi xing of photograph, etc.— Every person
presenting any document at the proper registration offi ce under section 32
shall affi x his passport size photograph and fi ngerprints to the document:
Provided that where such document relates to the transfer of ownership
of immovable property, the passport size photograph and fi ngerprints of
each buyer and seller of such property mentioned in the document shall
also be affi xed to the document.".
Amendment of
4. In section 52 of the principal Act, in sub-section (1), in clause (a),
section 52.
for the expression "under section 32A", the expression "under
section 32-AA" shall be substituted.
Amendment of
5. In section 69 of the principal Act, in sub-section (1), after clause (gg),
section 69.
the following clause shall be inserted, namely:—
"(ggg) regulating the procedure for presentation of documents,
appearance for admission, endorsements, manner of fi xing signature and
seal, mode of payment of registration fees and other fees and such other
process, when the document is presented by electronic means.".
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 131STATEMENT OF OBJECTS AND REASONS.
According to section 17 of the Registration Act, 1908 (Central Act XVI of 1908), registration is mandatory for the instruments of agreements relating to deposit of title deeds. The Industrial Sector experiences much diffi culty in physically presenting instruments of agreements relating to deposit of title deeds for registration before the respective Sub Registrar's for availing Industrial Loans from the banks within the stipulated time.
The State Government is promoting, through its entire means, the revival of Industrial Sector more particularly, the Micro, Small and Medium Enterprises Sector using the stimulus announced by the Central Government. It is considered that, dispensing with the requirement of physical presentation of documents such as agreements relating to deposit of title deeds, for registration, will facilitate ease of doing business. The Government have therefore, decided to amend the Registration Act, 1908 (Central Act XVI of 1908) suitably for the said purpose.
2. The Bill seeks to give effect to the above decision.
Minister for Commercial Taxes & Registration
P. MOORTHY,
Minister for Commercial Taxes and Registration.
Chennai-600 009, K. SRINIVASAN,
27th August 2021. Secretary.
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