Section 3 of the Registration Act, 1908 - Inspector-General of Registration
Section 3 of the Registration Act, 1908 governs the appointment of the Inspector-General of Registration, the senior officer responsible for the registration establishment in a State. It also permits the State Government to allocate the Inspector-General's statutory powers and duties to designated officers within specified local limits.
Section 3 - Statutory provisions
Sub-section (1): The State Government shall appoint an officer to be the Inspector-General of Registration for the territories subject to such Government.
Proviso to sub-section (1): Instead of making that appointment, the State Government may direct that all or any of the powers and duties conferred and imposed on the Inspector-General be exercised and performed by such officer or officers, and within such local limits, as it appoints for that purpose.
Sub-section (2): Any Inspector-General may simultaneously hold any other office under the Government.
Meaning and scope of Section 3
1. Appointment by the State Government
The responsibility to appoint the Inspector-General ordinarily rests with the State Government. The provision concerns the administrative organisation of registration services under the Act, including the registration of documents relating to immovable property.
2. Alternative allocation of powers and duties
The proviso permits the State Government, instead of appointing a single Inspector-General, to entrust all or selected Inspector-General functions to one or more designated officers. The Government may prescribe territorial limits for those officers. The authority exercised must remain within the applicable statutory framework and any valid government order.
3. Holding another government office
Under sub-section (2), the Inspector-General is not prohibited from simultaneously holding another government office. This provision allows an additional assignment without, by itself, eliminating the statutory responsibilities of the registration office.
Functions under other provisions of the Act
Section 3 primarily establishes the office and its appointment arrangements. Other provisions separately address particular functions. For example, Section 69 empowers the Inspector-General to exercise general superintendence over registration offices and to make rules consistent with the Act, subject to the State Government's approval as required by that section. Section 70 concerns the Inspector-General's power to remit fines in specified circumstances.
Practical significance
For persons presenting documents for registration, Section 3 helps identify the statutory administrative authority. Individual documents are ordinarily presented to the appropriate registering officer in accordance with the Act and applicable State rules, rather than directly to the Inspector-General. State amendments, notifications and rules should be checked for the jurisdiction concerned.
Legislative notes
The Adaptation of Laws Order, 1950 substituted the expression State Government for Provincial Government and Government for the Crown in the relevant text.
Official legal resources
Consult the India Code official legislation database for the central Act and the relevant e-Gazette of India for published legal notifications. State-specific amendments and registration rules may also apply.
This article explains the central provision generally and should be read with applicable State amendments and notifications.