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Registration Act, 1908 | Part II

Sections 8 to 12 of the Registration Act, 1908

Inspectors of Registration offices, repealed Section 9, temporary appointments during the absence of Registrars and Sub-Registrars, and the legal position concerning vacancies.

Section 8: Inspectors of Registration offices

Section 8 authorises the State Government to appoint Inspectors of Registration offices, prescribe their duties and place them under the Inspector-General of Registration.

Statutory provision

(1) The State Government may also appoint officers, to be called Inspectors of Registration offices, and may prescribe the duties of such officers.

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

Meaning: The appointment is discretionary. Inspectors work within the registration administration and remain subordinate to the Inspector-General; their particular duties depend on applicable government prescriptions and state amendments.

Section 9: Repealed provision

Section 9 formerly dealt with declaring military cantonments to be registration districts or sub-districts. It was repealed by Section 3 and the Second Schedule of the Repealing and Amending Act, 1927 (Act 10 of 1927). It does not confer a current power under the central provision.

Section 10: Absence of Registrar or vacancy in office

Section 10 provides temporary arrangements when a Registrar is absent otherwise than on duty in the district, or when the office is temporarily vacant.

Section 10(1): Districts other than those including a Presidency-town

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 the State Government fills up the vacancy.

Section 10(2): Districts including a Presidency-town

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 the State Government fills up the vacancy.

Meaning: In the first category, the District Judge acts in default of an appointment by the Inspector-General. In the Presidency-town category, the provision specifies appointment by the Inspector-General. Both arrangements are temporary and subject to applicable state modifications.

Section 11: Registrar absent on duty in the 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.

Meaning: Unlike Section 10, this section applies where the Registrar is away from the office on official duty within the district. The delegated officer cannot exercise the functions excluded by the Act: Section 68 (superintendence and control of Sub-Registrars) and Section 72 (appeals against certain Sub-Registrar refusals to register).

Section 12: Absence of Sub-Registrar or temporary vacancy

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 until the vacancy is filled up.

Meaning: The district Registrar may arrange for an acting Sub-Registrar to avoid interruption in registration work. Some states have amended the authority responsible for making these appointments, so the relevant state version must be checked.

How Sections 8 to 12 work together

These provisions form part of Part II: Of the Registration-Establishment of the Registration Act, 1908. Section 8 concerns inspection and supervision; Section 9 is repealed; Sections 10 and 11 address different reasons for a Registrar's absence; and Section 12 addresses absence or temporary vacancy in a Sub-Registrar's office.

For an appointment made under Sections 10, 11 or 12, Section 13 additionally deals with reporting appointments to the State Government. State amendments, rules and notifications may affect how these arrangements operate in a particular jurisdiction.

Legislative notes and official reference

The expression State Government replaced Provincial Government by the Adaptation of Laws Order, 1950. The closing words of Section 12, "the vacancy is filled up", were substituted by Act 4 of 1914. The original page's truncated Section 12 has been completed to reflect the central text.

Read the Registration Act, 1908 on India Code (official PDF). The central text should be read with any amendments applicable in the relevant state or Union territory.