Section 33 in The Registration Act, 1977 (1920 A.D.)
33. Power of attorney recognizable for purposes of section 32.
(1)For the purposes of section 32, the following powers of attorney shall alone be recognized, namely -(a)if the principal at the time of executing the power-of-attorney resides in any part of the State, 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 does not reside in the State, a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, [Indian] [Substituted by A.L.O. 2008 for 'British'.] Consul or Vice-Consul, or representative [x x x x x] [The words 'of His Majesty or' omitted by A.L.O. 2008.] of the Government of India :Provided that the following persons shall not be required to attend at any registration-office for the purpose of executing any such power-of-attorney as is mentioned in clause (a) 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.(2)In the case of every such person the Registrar or Sub-Registrar, as the case may be, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the office aforesaid.(3)To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar may either himself 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 a commission for his examination.(4)Any power-of-attorney mentioned in this section may be proved by the production of it without further proof when it purports on the face of it to have been executed before and authenticated by the person or Court hereinbefore mentioned in that behalf.
