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THE REGISTRATION ACT, 1908

Title : THE REGISTRATION ACT, 1908

Year : 1908

THE REGISTRATION ACT, 1908 1*


[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:-

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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.

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(1) This Act may be called the 1[***] 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.

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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).

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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

5*Andhra 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.

6*Goa, Daman and Diu:

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

7*Tamil 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."

8*West 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."

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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).

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Last updated on June, 2016

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