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REGISTRATION ACT

Ministry of Law and Justice

Act nº 16 of 1908


  • Part I
  • Part II
  • Part III
  • Part IV
  • Part V
  • Part VI
  • Part VII
  • Part VIII
  • Part IX
  • Part X
  • Part XI
  • Part XII
  • Part XIII
  • Part XIV
  • Part XV
  • Schedules
  • Amending Acts
  • Act nº 16 of 1908

Preamble

THE REGISTRATION ACT, 19081

[Act, No. 16 of 1908]

[18th December, 1908]

PREAMBLE

An Act to consolidate the enactments relating to the Registration of Documents.

Whereas it is expedient to consolidate the enactments relating to the registration of documents; it is hereby enacted as follows:--

1. For Statement of Objects and Reasons, see Gazette of India, 1908, Pt. V, p. 325; for Report of Select Committee, see Gazette of India, 1908, Pt. V, p. 387; and for Proceedings in Council, see Gazette of India, 1908, Pt. VI, pp. 148, 154 and 182.

This Act has been extended to Berar by Berar Laws Act, 1941 (4 of 1941); to Dadra and Nagar Haveli by Reg. 6 of 1963, Section 2 and Schedule I; to Goa, Daman and Diu by Reg. 11 of 1963, Section 3 and Schedule; to Lakshadweep by Reg. 8 of 1965, Section 3 and Schedule, to Pondicherry by Act 26 of 1968, Section 3 and Schedule

It has been declared to be in force in Panth Piploda by the Panth Piploda Laws Regulation, 1929 (1 of 1929), Section 2; in the Khondmals District by the Khondmals Laws Regulation, 1936 (5 of 1936), Section 3 and Schedule

It has been applied with modifications to certain taluks of the East Godavari Agency, see Notification No. F. 128/29, dated the 29th April, 1929, Gazette of India, 1929 Pt. I, p. 662.


Part I

Section 1. Short title, extent and commencement

(1) This Act may be called the1[***] Registration Act, 1908.

2[(2) It extends to the whole of India except the State of Jammu and Kashmir:

Provided that the State Government may exclude any districts or tracts of country from its operation.]

(3) It shall come into force on the first day of January, 1909.

1. The word "Indian" omitted by Act 45 of 1969, Section 2 (w.e.f. 26-12-1969).

2. Substituted by Act 3 of 1951, Section 3 and Schedule, for sub-section (2) (w.e.f. 1-4-1951).


Section 2. Definitions

In this Act, unless there is anything repugnant in the subject or context,--

(1) "Addition" means the place of residence, and the profession, trade, rank and title (if any) of a person described, and in the case of 1[an Indian], 2[***] his father's name, or where he is usually described as the son of his mother, then his mother's name;

(2) "Book" includes a portion of a book and also any number of sheets connected together with a view of forming a book or portion of a book;

(3) "District" and "sub-district" respectively mean a district and sub-district formed under this Act;

(4) "District Court" includes the High Court in its ordinary original civil jurisdiction;

(5) "Endorsement" and "endorsed" include and apply to an entry in writing by a registering officer on a rider or covering slip to any document tendered for registration under this Act;

(6) "Immovable Property" includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass;

3[(6A) "India" means the territory of India excluding the State of Jammu and Kashmir;]

(7) "Lease" includes a counterpart, kabuliyat, and undertaking to cultivate or occupy, and an agreement to lease;

(8) "Minor" means a person who, according to the personal law to which he is subject, has not attained majority;

(9) "Movable Property" includes standing timber, growing crops and grass, fruit upon and juice in trees, and property of every other description, except immovable property; and

(10) "Representative" includes the guardian of a minor and the committee or other legal curator of a lunatic or idiot.

4[***]

STATE AMENDMENTS

5Andhra Pradesh:

In section 2, in sub-section (2), after the words "includes a portion of book", the words "and the information storage devices like floppy disk, hard disk, compact disk" shall be added.

6Goa, Daman and Diu:

In clause (1) of section 2, before the words "his father's name", insert the words "his marital status, and".

7Tamil Nadu:

In section 2,--

(i) in clause (9), the word "and" occurring at the end shall be omitted;

(ii) in clause (10), the word "and" shall be added at the end;

(iii) after clause (10), the following clause shall be added, namely:--

"(11) 'tout' means a person who habitually frequents the precincts of a registration office, for the purpose of employment for himself or for any other person in connection with any registration business and who is so declared as a tout under Part XIII-A."

8West Bengal:

In section 2,--

(1) omit the word "and" at the end of sub-section (9); and

(2) add after sub-section (10) the following word and sub-section,--

"and

(11) 'tout' means a person--

(a) who habitually frequents the precincts of a registration office, without a licence granted to him under the rules made under section 80G, for the purpose of obtaining employment for himself or any other person in connection with any registration business; or

(b) who is declared to be deemed to be a tout for the purposes of this Act by rules made under section 80G."

1. Substituted by the A.O. 1950, for "a Native of India" (w.e.f. 26-1-1950).

2. The words "his caste (if any) and" omitted by Act 17 of 1956, Section 2 (w.e.f. 6-4-1956).

3. Inserted by Act 3 of 1951, Section 3 and Schedule (w.e.f. 1-4-1951).

4. Clause (11) Inserted by the A.O. 1950, and omitted by Act 3 of 1951, Section 3 and Sch (w.e.f. 1-4-1951).

5. Vide Andhra Pradesh Act 16 of 1999, Section 2 (w.e.f. 31-12-1998).

6. Vide Goa, Daman and Diu Act 2 of 1968, Section 2.

7. Vide Tamil Nadu Act 38 of 1987, Section 3 (w.e.f. 18-1-1988).

8. Vide West Bengal Act 5 of 1942, Section 8 (w.e.f. 1-11-1943).


Part II

Section 3. Inspector-General of Registration

(1) The1[State Government] shall appoint an officer to be the Inspector-General of Registration for the territories subject to such Government:

Provided that the1[State Government] may, instead of making such appointment, direct that all or any of the powers and duties hereinafter conferred and imposed upon the Inspector-General shall be exercised and performed by such officer or officers, and within such local limits, as the1[State Government] appoints in this behalf.

(2) Any Inspector-General may hold simultaneously any other office under the2[Government].

STATE AMENDMENT

3Uttar Pradesh:

After sub-section (2), insert sub-section (3) as under--

"(3) The State Government may appoint one or more Additional Inspector-General of Registration and Deputy Inspector-General of Registration for the territories subject to such Government and may prescribe the duties of such officers and authorise them to exercise and perform all or any of the powers and duties of the Inspector-General of Registration."

1. Substituted by the A.O. 1950, for "Provincial Government".

2. Substituted by the A.O. 1950, for "the Crown".

3. Vide Uttar Pradesh Act 48 of 1975, Section 2 (w.e.f. 1-11-1975).


Section 4. Branch Inspector-General of Sindh (Repealed)

[Repealed by the Government of India (Adaptation of India Laws) Orders, 1937.]

Section 5. Districts and sub-districts

(1) For the purposes of this Act, the1[State Government] shall form districts and sub-districts, and shall prescribe, and may alter, the limits of such districts and sub-districts.

(2) The districts and sub-districts formed under this section, together with the limits thereof, and every alternation of such limits, shall be notified in the2[Official Gazette].

(3) Every such alternation shall take effect on such day after the date of the notification as is therein mentioned.

1. Substituted by the A.O. 1950, for "Provincial Government".

2. Substituted by the A.O. 1937, for "Local Official Gazette".


Section 6. Registrars and Sub-Registrars

The 1 [State Government] may appoint such persons, whether public officers or not, as it thinks proper, to be Registrars of the several districts, and to be Sub-Registrars of the several sub-districts, formed as aforesaid, respectively.

2 [***]

STATE AMENDMENTS

3 Karnataka:

In section 6, the following provisos shall be inserted at the end:--

"Provided that the State Government may also appoint one or more Sub-Registrars for the same Sub-District:

Provided further that the State Government may delegate to the Inspector-General of Registration, the power of appointing Sub-Registrars."

4 Maharashtra:

After section 6, insert section 6A as under:--

"6A. Joint District Registrars.--The State Government may by order also appoint a Joint District Registrar to assist the District Registrar, or any two or more District Registrars, specified in the order and may authorise such Joint District Registrar to exercise and perform all or any of the powers and duties of the District Registrar under this Act."

5 [6 [Uttar Pradesh:]]

In the end insert proviso as under--

"Provided that the State Government may delegate, subject to such restrictions and conditions as it thinks fit, to the Inspector-General of Registration, the power of appointing Sub-Registrars."

After section 6, insert section 6A as follows:

"6A. Additional Registrar.--The State Government may, by order, also appoint any public officer as an Additional Registrar, to assist the Registrar, or any two or more Registrars, specified in the order and may authorise such Additional Registrars to exercise and perform all or any of the powers and duties of the Registrar under this Act."

1. Substituted by the A.O. 1950, for "Provincial Government".

2. The proviso added by Act 4 of 1914, Section 2 and Schedule, Pt. I and omitted by the A.O. 1937.

3. Vide Karnataka Act 32 of 2001, Section 2 (w.e.f. 3-10-2001).

4. Vide Maharashtra Act 29 of 1974, Section 2 (w.e.f. 10-6-1974).

5. Vide Uttar Pradesh Act 19 of 1981, Section 5 (w.e.f. 1-8-1981).

6. Vide Uttar Pradesh Act 27 of 1994, Section 2.


Section 7. Offices of Registrar and Sub-Registrar

(1) The1[State Government] shall establish in every district an office to be styled the office of the Registrar and in every sub-district an office or offices to be styled the office of the Sub-Registrar or the offices of the Joint Sub-Registrars.

(2) The1[State Government] may amalgamate with any office of a Registrar, any office of a Sub-Registrar subordinate to such Registrar, and may authorise any Sub-Registrar whose office has been so amalgamated to exercise and perform, in addition to his own powers and duties, all or any of the powers and the duties of the Registrar to whom he is subordinate:

Provided that no such authorisation shall enable a Sub-Registrar to hear an appeal against an order passed by himself under this Act.

1. Substituted by the A.O. 1950, for "Provincial Government".


Section 8. Inspectors of Registration offices

(1) The1[State Government] may also appoint officers to be called Inspector of Registration offices, and may prescribe the duties of such officers.

(2) Every such Inspector shall be subordinate to the Inspector-General.

STATE AMENDMENTS

2Rajasthan:

Substitute section 8, as under:--

"8. Officers of registration offices.--(1) The State Government may also appoint officers as may be designated from time to time and may prescribe the duties of such officers.

(2) Every such officer shall be subordinate to the Inspector-General."

3Uttar Pradesh:

(i) in sub-section (1), for the words "Inspectors of Registration Offices", substitute the words "Assistant Inspector General of Registration";

(ii) in sub-section (2), for the word "Inspector", substitute the words "Assistant Inspector General".

1. Substituted by the A.O. 1950, for "Provincial Government".

2. Vide Rajasthan Act 11 of 1982, section 2 (w.e.f. 16-6-1982).

3. Vide Uttar Pradesh Act 6 of 1980, section 12 (w.r.e.f. 21-11-1979).


Section 9. Military cantonments may be declared sub-districts or districts (Repealed)

[Repealed by the Repealing and Amending Act, 1927 (10 of 1927), section 3 and Schedule II.]

Section 10. Absence of Registrar or vacancy in his office

(1) When any Registrar, other than the Registrar of a district including a Presidency-town, is absent otherwise than on duty in his district, or when his office is temporarily vacant, any person whom the Inspector-General appoints in this behalf, or, in default of such appointment, the Judge of the District Court within the local limits of whose jurisdiction the Registrar's office is situate, shall be the Registrar during such absence or until the1[State Government] fills up the vacancy.

(2) When the Registrar of a district including a Presidency-town is absent otherwise than on duty in his district, or when his office is temporarily vacant, any person whom the Inspector-General appoints in this behalf shall be the Registrar during such absence, or until the1[State Government] fills up the vacancy.

1. Substituted by the A.O. 1950, for "Provincial Government".


Section 11. Absence of Registrar on duty in his district

When any Registrar is absent from his office on duty in his district, he may appoint any Sub-Registrar or other person in his district to perform, during such absence, all the duties of a Registrar except those mentioned in sections 68 and 72.

Section 12. Absence of Sub-Registrar or vacancy in his office

When any Sub-Registrar is absent, or when his office is temporarily vacant, any person whom the Registrar of the district appoints in this behalf shall be Sub-Registrar during such absence, or until1[the vacancy is filled up].

STATE AMENDMENT

2Karnataka:

In section 12, after the word "whom" the words "the Inspector-General of Registration or" shall be inserted.

1. Substituted by Act 4 of 1914, section 2 and Schedule, Pt. I, for "the Local Government fills up the vacancy".

2. Vide Karnataka Act 32 of 2001, section 3 (w.e.f. 3-10-2001).