89Copies of certain orders, certificates and instruments to be sent to registering officers and filed

(1) Every officer granting a loan under the Land Improvement Loans Act, 1883 (19 of 1883), shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole or any part of the land to be improved or of the land to be granted as collateral security, is situate, and such registering officer shall file the copy in his Book No. 1.

(2) Every Court granting a certificate of sale of immovable property under the Code of Civil Procedure, 1908 (5 of 1908), shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate, and such officer shall file the copy in his Book No. 1.

(3) Every officer granting a loan under the Agriculturists Loans Act, 1884 (12 of 1884), shall send a copy of any instrument whereby immovable property is mortgaged for the purpose of securing the repayment of the loan, and, if any such property is mortgaged for the same purpose in the order granting the loan, a copy also or that order, to the registering officer within the local limits of whose jurisdiction the whole or any part of the property so mortgaged is situate, and such registering officer shall file the copy or copies as the case may be, in his Book No. 1.

Exemption from Act

(4) Every Revenue Officer granting a certificate of sale to the purchaser of immovable property sold by public auction shall send a copy of the certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in the certificate is situate, and such officer shall file the copy in his Book No. 1.

STATE AMENDMENTS

Karnataka

Insertion of new section 89A.--After section 89 of the principal Act, the following section shall be inserted namely:--

89A. Power to make rules for filing of copies of documents.--(1) The State Government may make rules for all purposes connected with the filing of true copies of documents in the appropriate books under this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for--

(a) the furnishing of true copies of documents by the person presenting the documents for registration;

(b) the manner in which true copies of documents shall be prepared; and

(c) the manner of filing of such copies.

(3) All rules made under this section shall be published in the Official Gazette, and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

(4) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule."

[Vide Karnataka Act 55 of 1976, s. 20]

Kerala

Amendment of section 89.--In section 89 of the principal Act, --

(a) sub-section (1) and (3) shall be omitted.

(b) after sub-section (4), the following sub-sections shall be inserted, namely:--

"(5) Every court passing

(a) any decree or order creating, declaring, transferring, limiting or extinguishing and right, title or interest to or in immovable property in favour of or of any person, or

(b) an order for the attachment of immovable property or of the release of any immovable property from attachment,

Shall send a copy of such decree or order together with a memorandum describing the property, as far as may be practicable in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such decree or order is situate, and such officer shall file the copy and memorandum in his Book No. 1.

(6) Every officer issuing a written demand before the attachment of the immovable property of a defaulter under the Revenue Recovery Act of the time being in force shall--

(a) send a copy of such written demand together with a memorandum describing the property, as far as may be practicable in the manner required by section 21; and

(b) where such written demand is withdrawn or attachment of the property is lifted or the property is sold and the sale is confirmed, send a memorandum indicating that fact and describing the property, as far as may be practicable in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction the whole or any party of the immovable property to which the written demand relates is situate and such registering officer shall fiel the copy of the written demand and the memoranda I his Book No. 1.

[Vide Kerala Act 7 of 1968, s. 17]

Insertion of new section 89A.--After section 89 of the principal Act, the following section shall be inserted, namely:--

89A. Power to make rules for filing of true copies of documents.--(1) The State Government may make rules for all purposes connected with the filing of true copies of documents in the appropriate books under this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for--

(a) the manner in which true copies of documents shall be prepared; and

(b) the manner of filing such copies.

(3) All rules made under this section shall be published in the Official Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

(4) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that rule should not be made, the rule thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

[Vide kerala Act 7 of 1968, s. 18]

Orissa

Insertion of new section 89A (Act 16 of 1908).--After section 89 of the Indian Registration Act, 1908 (16 of 1908), the following new section shall be inserted, namely:--

89-A. Duty of Collector in proceedings under section 47-A of the Indian Stamps Act, 1899 (2 of 1899).--(1) It shall be the duty of the Collector, if he is satisfied during the proceedings, if any, under section 47-A of the Indian Stamp Act, 1899 (2 of 1899) that the fees for registration paid under this Act in respect of a document is in deficit, to determine in the course of such proceedings the deficient amount of fees and to send a copy of the order made in the proceedings to the registering officer for recovery of the said amount from the person liable to pay the deficient amount of stamp duty under the said section; and all amounts recoverable as aforesaid may be recovered as arrears of land revenue.

(2) An order of the Collector under sub-section (1) shall be deemed to be an order made by the Collector under section 47-A of the Indian Stamp Act, 1899 (2 of 1899) and shall be final subject to the decision in appeal, if any, under sub-section (3) of the said section.

[Vide Orissa Act 17 of 1966, s. 2]

Orissa

Insertion of new section 89.-- In the principal Act, after section 89-A, the following section shall be inserted, namely:--

89-B. Power of State Government to make rules.--(1) The State Government may, by notification in the official Gazette, make rules for all purposes connected with the filing of true copies of documents in the appropriate books under this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for,--

(a) the furnishing of true copies of documents by the person presenting the documents for registration;

(b) the furnishing of true copies of documents by the person presenting the documents for registration; (c) the manner of filing such copies..

[Vide Orissa Act 14 of 1989, s. 15]

Orissa

Amendment of section 89-A.--In Section 89-A of the principal Act, in Sub-section (1), for the words and to send a copy of the order made in the proceedings to the registering officer for the recovery of the said amount, the words and to recover the said amount of fees along with the deficient amount of stamp duty shall be substituted.

[Vide Orissa Act 8 of 2002, s. 8]