Registration Act,1908
Act No : 16
Section :
Power-of-attorney recognizable for purposes of section 32.
33. Power-of-attorney recognizable for purposes of section 32.-(1) For the purposes of section 32, the following powers-of-attorneyshall alone be recognized, namely:-- (a) if the principal at the time of executing the power-of- attorney resides in any part of 2*[India] in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides; (b) if the principal at the time aforesaid 3*[resides in any part of India in which this Act is not in force], a power-of-attorney executed before and authenticated by any Magistrate; (c) if the principal at the time aforesaid does not reside in 2*[India], a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, 4*[Indian] Consul or Vice-Consul, or representative 5*** of the Central Government:---------------------------------------------------------------------1. Subs. by Act 39 of 1948, s. 3, for "s. 31 and s. 89."2. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States.".3. Subs. by s. 3 and Sch., ibid., for "resides in any other part ofthe States".4. Subs. by the A. O. 1950 for "British".5. The words "of His Majesty or" omitted, ibid.---------------------------------------------------------------------20 Provided that the following persons shall not be required toattend at any registration-office or Court for the purpose ofexecuting any such power-of-attorney as is mentioned in clauses (a)and (b) of this section, namely:-- (i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend; (ii) persons who are in jail under civil or criminal process; and (iii)persons exempt by law from personal appearance in Court. 1*[Explanation.--In this sub-section "India" means India, asdefined in clause (28) of section 3 of the General Clauses Act, 1897(10 of 1897)]. (2) In the case of every such person the Registrar or Sub-Registrar or Magistrate, as the case may be, if satisfied that thepower-of-attorney has been voluntarily executed by the personpurporting to be the principal, may attest the same without requiringhis personal attendance at the office or Court aforesaid. (3) To obtain evidence as to the voluntary nature of theexecution, the Registrar or Sub-Registrar or Magistrate may eitherhimself go to the house of the person purporting to be the principal,or to the jail in which he is confined, and examine him, or issue acommission for his examination. (4) Any power-of-attorney mentioned in this section may be provedby the production of it without further proof when it purports on theface of it to have been executed before and authenticated by theperson or Court hereinbefore mentioned in that behalf.
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