Sections 1 to 16 of the Registration Act, 1908 in India lay the groundwork for the legal framework governing the registration of documents related to property, deeds, and other legal matters. Here's an overview of these sections:
Section 1 – Short title, extent, and commencement
The Act is called the Registration Act, 1908 and applies to the whole of India, except certain states, and specific areas can be notified by the government for exclusions or modifications.
Section 2 – Definitions
Defines important terms used in the Act like "endorsement," "immovable property," "lease," "registration office," etc., providing clarity for the sections that follow.
Section 3 – Inspector-General of Registration
The state government may appoint an Inspector-General of Registration to oversee the registration process and implement the provisions of the Act.
Section 4 – Establishment of Registration Offices
The state government must set up registration offices in districts, and it will appoint a Registrar for each district.
Section 5 – Districts and sub-districts
Defines how districts are divided into sub-districts, each managed by a Sub-Registrar who is responsible for registering documents within that sub-district.
Section 6 – Registrars and Sub-Registrars
Specifies the roles of Registrars and Sub-Registrars in districts and sub-districts. It also explains how these officials are appointed by the state government.
Section 7 – Offices of Registrars and Sub-Registrars
Deals with the provision of offices and staff for Registrars and Sub-Registrars, as arranged by the government.
Section 8 – Inspectors of Registration offices
Provides for the appointment of officers responsible for inspecting registration offices to ensure compliance and proper management.
Section 9 – Military cantonments
Specifies how the Act applies to military cantonments in terms of document registration, subject to certain restrictions.
Section 10 – Absence of Registrar or vacancy in his office
Describes what happens if the office of a Registrar or Sub-Registrar is vacant or if they are absent, and how their duties will be temporarily filled.
Section 11 – Registers to be open to the public
The public has the right to access certain registers and documents maintained by the Registrar’s office, except in certain cases where confidentiality is required.
Section 12 – Power of Registrar to remit fines
Gives the Registrar the authority to remit, or reduce fines, for any delays or issues in the registration process if the reasons are justified.
Section 13 – Report to State Government of appointments under this Act
Requires that the state government be informed of the appointment of officers under this Act.
Section 14 – Registrars to be public servants
Declares that all Registrars, Sub-Registrars, and other officers appointed under the Act are public servants, subject to the laws applicable to public servants in India.
Section 15 – Seal of registering officers
Every registering officer is required to have an official seal, which is used for endorsing documents and is a mark of their authenticity and approval.
Section 16 – Register-books and fire-proof boxes
Each registering office must maintain specific register books for recording documents. These registers must be kept in fire-proof boxes to ensure the safety of important records.
These sections focus on the establishment of registration offices, the roles and responsibilities of Registrars, and the infrastructure required for the registration process. They lay the foundation for the proper and transparent functioning of the property and document registration system in India.
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