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.

State amendments (1 · Kerala)

These are amendments made by State legislatures to this section as it applies in that State. The central text above remains the base law; verify the current local text against the State gazette.

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

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.".