Sec 81 to 84 Part XIV (Of Penalties) The Registration Act, 1908

Sec 81 to 84 Part XIV (Of Penalties) The Registration Act, 1908

Free Online Judiciary Coaching Classes

81. Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure.—

Every registering officer appointed under this Act and every person employed in his office for the purposes of this Act, who, being charged with the endorsing, copying, translating or registering of any document presented or deposited under its provisions, endorses, copies, translates or registers such document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause, injury, as defined in the Indian Penal Code (45 of 1860), to any person, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.

STATE AMENDMENT

Karnataka

Amendment of section 81.-

In section 81 of the principal Act,- 

(i) in the marginal heading, for the words " the registering", the words "registering or filing" shall be substituted;

(ii) for the words "or registering of any document" the words "registering or filing a true copy of any document" shall be substituted;

(iii) for the words "or registers such document", the words "registers or files a copy of such document" shall be substituted.

[Vide Karnataka Act 55 of 1976, s. 17]

Kerala

Amendment of section 81.-

In section 81 of the principal Act,-

(a) for the words “or registering of any document”, the words “registering, or filing a true copy, of any document” shall be substituted;

(b) for the words “or registers such document”, the words “registers, or files a true copy of, such document” shall be substituted.

[Vide Kerala Act 7 of 1968, s. 15]

Orissa

Amendment of section 81.—

In the principal Act, in section 81,— 

(a) for the words “ or registering of any document” the words “registering or filing a true copy of any document” shall be substituted;

(b) for the words “or registers such document”, the words “registers or files a true copy of such document” shall be substituted.

[Vide Orissa Act 14 of 1989, s. 13]

Tripura

Amendment of section 81.—

For section 81 of the principal Act, the following shall be substituted, namely:—

“81. Every registering officer appointed under this Act, and every person employed in his office for the purposes of this Act, who, being charged with the checking, endorsing, reading, examining, copying, translating, comparing, pasting a true copy, pasting a copy of the translation or registering of any document presented or deposited under its provisions checks, endorses, reads, examines, copies, translates, compares, pastes a true copy, pastes a copy of the translation or registers such document in a manner which he knows or believes to be incorrect intending thereby to cause or knowing it to be likely that he may thereby cause injury as defined in the Indian Penal Code, to any person, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.”

[Vide Tripura Act 7 of 1982, s. 14]

82. Penalty for making false statements, delivering false copies or translations, false personation, and abetment.—

Whoever—  

(a) intentionally makes any false statement, whether on oath or not, and whether it has been recorded or not, before any officer acting in execution of this Act, in any proceeding or enquiry under this Act; or

(b) intentionally delivers to a registering officer, in any proceeding under section 19 or section 21, a false copy or translation of a document, or a false copy of a map or plan; or

(c) falsely personates another, and in such assumed character presents any document, or makes any admission or statement, or causes any summons or commission to be issued, or does any other act in any proceeding or enquiry under this Act; or

(d) abets anything made punishable by this Act, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.

STATE AMENDMENT

Karnataka

Amendment of section 82.--

In clause (b) of section 82 of the principal Act, the following the words and figures "under section 19 or section 21", the words "under this Act or the rules made thereunder" shall be substituted.

[Vide Karnataka Act 55 of 1976, s. 18]

Insertion of new section 82A,--

After section 82 of the principal Act, the following section shall be inserted namely:--

"82A. Penalty in respect of deed writers.-

Whoever contravenes the provisions of section 80B or any term or condition of a licence granted under rules made under section 69, shall be punishable with imprisonment which may extend to one month or with fine which may extend to two hundred rupees or with both"] 

[Vide Karnataka Act 55 of 1976, s. 19]

Kerala

Amendment of section 82.-

In clause (b) of section 82 of the principal Act, for the words and figures “section 19 or section 21”, the words “this Act or the rules made thereunder” shall be substituted.

[Vide kerala Act 7 of 1968, s. 16]

Orissa

Amendment of section 82.—

In the principal Act, in clause (b) of section 82, for the words and figures “section 19 or section 21”, the words “ this Act or the rules under thereunder” shall be substituted.

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

Tripura

Amendment of Section 82.-

For sub-section (b) of section 82 of the principal Act, the following shallbe substituted, namely:—

“(b) intentionally delivers to a registering Officer, in any proceeding under this Act or the rules madethereunder, a false copy or translation of a document, or a false copy of a map or plan; or”

[Vide Tripura Act 7 of 1982, s. 15]

Uttar Pradesh

Amendment of section 82.—

In section 82 of the principal Act, for clause (b) the following clause shall be substituted, namely—

“(b) intentionally delivers to a registering officer, in any proceeding under section 18-A, section 19 or section 21, a false copy or translation of a document or a false copy of a map or plan or makes a false declaration ; or.”

[Vide Uttar Pradesh Act 14 of 1971, s. 5]

83. Registering officers may commence prosecutions.—

(1) A prosecution for any offence under this Act coming to the knowledge of a registering officer in his official capacity may be commenced by or with the permission of the Inspector-General, 1*** the Registrar or the Sub-Registrar, in whose territories, district or sub-district, as the case may be, the offence has been committed.

(2) Offences punishable under this Act shall be triable by any Court or officer exercising powers not less than those of a Magistrate of the second class.

(1. The words "the Branch Inspector-General of Sindh" omitted by the A.O. 1937)

STATE AMENDMENT

Kerala

Insertion of new sections 83A and 83B.—

After section 83 of the principal Act, the following sections shall be inserted, namely:—

"83A. Cancellation of registered documents in certain cases.—

(1) If on enquiry by an officer in the Registration Department not below the rank of the deputy Inspector General of Registration, it is found that some one has falsely personated another, and in such assumed character presented, admitted the execution and got registered any document by a registering officer and the existence of such a document is detrimental to the interest of another person, the same shall be cancelled by the Inspector General of Registration on application made to him in such form as may be prescribed.

(2) If on an enquiry conducted by the District Collector suo motu or on the basis of a complaint received by him, it is found that any Government land or land owned by a public sector undertaking, has been transferred on the strength of a document which is got registered without following the procedure prescribed in sub-section (3) of section 71, the District Collector may make recommendation to the Inspector General of Registration to cancel the registration of such document.

(3) On receipt of such recommendation from the District Collector, the Inspector General of Registration shall have the authority to cancel the registration of such document after following such procedure as may be prescribed.

83B. Appeal to Government from orders of the Inspector General of Registration.—

Any person aggrieved by an order of the Inspector General of Registration under section 83A, may prefer an appeal before the Government within thirty days from the date of receipt of such order, and the Government shall pass an order confirming, modifying or cancelling the order of the Inspector General of Registration as they deem fit.".  

[Vide Kerala Act 31 of 2013, s. 4]

84. Registering officers to be deemed public servants.—

(1) Every registering officer appointed under this Act shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).

(2) Every person shall be legally bound to furnish information to such registering officer when required by him to do so.

(3) In section 228 of the Indian Penal Code (45 of 1860), the words “judicial proceeding” shall be deemed to include any proceeding under this Act.

Free Judiciary Coaching
Free Judiciary Notes
Free Judiciary Mock Tests
Bare Acts