CONTENTS

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY PUBLISHED BY AUTHORITY

No. 380]

CHENNAI, FRIDAY, AUGUST 27, 2021

Aavani 11, Pilava, Thiruvalluvar Aandu-2052

Part IV—Section 1

Tamil Nadu Bills

[127]

©

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2021

[Price: Rs. 2.40 Paise.

Ex-IV-1-380—E

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

128

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Short title and

commence-

ment.

Amendment of

Schedule-I.

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.

(2) It shall come into force at once.

2. In the Tamil Nadu Court-fees and Suits Valuation Act, 1955, in Schedule I, for

the entries in columns (2) and (3) against Article 7 in column (1) thereof, the following

entries shall, respectively, be substituted, namely:-

“Certifi cate under the Indian

Succession Act, 1925.

Three per cent on the debt and security or the

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

Act XIV of

1955.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

129

STATEMENT 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 eff ect to the above decision.

S. REGUPATHY,

Minister for Law.

Chennai-600 009,

K. SRINIVASAN,

27th August 2021.

Secretary.

130

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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:—

Short title,

extent and

commence-

ment.

1.

(1) This Act may be called the Registration (Tamil Nadu

Amendment) Act, 2021.

(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

section 32.

2. To section 32 of the Registration Act, 1908 (hereinafter referred to

as the principal Act), the following proviso shall be added, namely:—

Central Act XVI

of 1908.

“Provided that the State Government may, by notifi cation, specify

such documents which may be presented through electronic means.”.

Substitution of

section 32-A.

3. For section 32-A of the principal Act, the following sections shall be

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

section 52.

4. In section 52 of the principal Act, in sub-section (1), in clause (a),

for the expression “under section 32A”, the expression “under

section 32-AA” shall be substituted.

Amendment of

section 69.

5. In section 69 of the principal Act, in sub-section (1), after clause (gg),

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.”.

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. 22 of 2021

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

131

STATEMENT 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 eff ect 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.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU