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Administrators-general Act, 1963 Chapter III

Title: Rights, Powers and Duties of the Administrator-general

State: Central

Year: 1963

.....for the protection of the assets. ____________________________ 1. Substituted for "fifty thousand" by The Administrators-General (Amendment) Act, 1999 (Act 34 of 1999) w.e.f. 16.12.1999. Section 10 - Power of Administrator-General to collect and hold assets where immediate action is required (1) Whenever any person has died leaving assets within any State exceeding rupees 1[two lakhs] in value, and the High Court for that State is satisfied that there is imminent danger of misappropriation, deterioration or waste of such assets, requiring immediate action, the High Court may, upon the application of the Administrator-General or of any person interested in such assets or in the due administration thereof, forthwith direct the Administrator-General (a) to collect and take possession of such assets, and (b) to hold, deposit, realise, sell or invest the same according to the directions of the High Court, and, in default of any such directions, according to the provisions of this Act so far as the same are applicable to such assets. (2) Any order of the High Court under sub-section (1) shall entitle the Administrator-General (a) to maintain any suit or proceeding for the.....

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Administrative Tribunals Act, 1985 Section 4

Title: Establishment of Administrative Tribunals

State: Central

Year: 1985

.....be deemed necessary or expedient for giving effect to the agreement. 2 [(5) Notwithstanding anything contained in the foregoing provisions of this section or sub-section (1) of section 5, the Central Government may,- (a) with the concurrence of any State Government; designate, by notification, all or any of the Members of the Bench or Benches of the State Administrative Tribunal established for that State under sub-section (2) as Members of the Bench or Benches of the Central Administrative Tribunal in respect of that State and the same shall exercise the jurisdiction, powers and authority conferred on the Central Administrative Tribunal by or under this Act; (b) on receipt of a request in this behalf from any State Government, designate, by notification, all or any of the Members of Bench or Benches of the Central Administrative Tribunal functioning in that State as the Members of the Bench or Benches of the State Administrative Tribunal for that State and the same shall exercise the jurisdiction, powers and authority conferred on the Administrative Tribunal for that State by or under this Act, and upon such designation, the Bench or Benches of the State Administrative.....

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Administrators-general Act, 1963 Chapter II

Title: The Office of the Administrator-general

State: Central

Year: 1963

.....shall, subject to the control of the State Government and the general or special orders of general-General, be competent to discharge any of the duties and to exercise any of the powers of the Administrator-General, and when discharging such duties or exercising such powers shall have the same privileges and be subject to the same liabilities as the Administrator-General. (2) No person shall be appointed as a Deputy under this section unless he has been for at least three years-- (a) an advocate; or (b) an attorney of a High Court; or (c) a member of the judicial service of a State. Section 5 - Incorporation The Administrator-General shall be a corporation sole by the name of Administrator-General of the State for which he is appointed, and, as such Administrator-General, shall have perpetual succession and an official seal, and may sue and be sued in his corporate name.

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Rehabilitation Finance Administration Act, 1948 Section 11

Title: Funds of the Administration

State: Central

Year: 1948

.....immediately required by the Administration for any purpose] shall be deposited in the Reserve Bank of India or any agents thereof or invested in such securities as may be approved by the Central Government. (3) The Administration shall pay interest on the money so advanced at the rate of 3 per cent per annum to the Central Government. ________________________ 1. Substituted for the former sub-section (1) by the Rehabilitation Finance Administration (Amdt.) Act, 1953 (37 of 1953), Section 2 (10-12-1953). 2. Substituted for the words "All moneys belonging to the Administration", by the Rehabilitation Finance Administration (Amdt.) Act, 1950 (1 of 1950), Section 7 (18-2-1950).

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Administrators-general Act, 1963 Section 9

Title: Right of Administrator-general to Apply for Administration of Estates

State: Central

Year: 1963

.....time after he has had notice of the death of such person, and of his having left such assets, take such proceedings as may be necessary to obtain from the High Court letters of administration of the estate of such person. (2) The Administrator-General shall not take proceedings under this section unless he is satisfied, that there is apprehension of misappropriation, deterioration or waste of such assets if such proceedings are not taken by him or that such proceedings are otherwise necessary for the protection of the assets. ____________________________ 1. Substituted for "fifty thousand" by The Administrators-General (Amendment) Act, 1999 (Act 34 of 1999) w.e.f. 16.12.1999.

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Administrators-general Act, 1963 Section 12

Title: Grant of Administration to Administrator-general in Certain Cases

State: Central

Year: 1963

If, in the course of proceedings to obtain letters of administration under the provisions of Section 9or Section 10, and within such period as to the High Court seems reasonable, no person appears and establishes his claim to probate of a will, or to a grant of letters of administration as next-of-kin of the deceased, or satisfies the High Court that he has taken and is prosecuting with due diligence other proceedings for the protection of the estate, the case being one in which the obtaining of such probate or letters of administration is not obligatory under the provisions of the Indian Succession Act, 1925 (39 of 1925), and the High Court is satisfied that there is apprehension of misappropriation, deterioration, or waste of the assets or that the grant of letters of administration in such proceedings is otherwise necessary for the protection of the assets; or if a person who has established his claim to a grant of letters of administration as next-of-kin of the deceased fails to give such security as may be required of him by law; the High Court may grant letters of administration to the Administrator-General.

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Administrators-general Act, 1963 Section 22

Title: Transfer by Private Executor or Administrator of Interest Under Probate or Letters

State: Central

Year: 1963

(1) Any private executor or administrator may, with the previous consent of the Administrator-General of the State in which any of the assets of the estate, in respect of which such executor or administrator has obtained probate or letters of administration, are situate by an instrument in writing under his hand notified in the Official Gazette, transfer the assets of the estate, vested in him by virtue of such probate or letters to the Administrator-General by that name or any other sufficient description. (2) As from the date of such transfer, the transferor shall be exempt from all liability as such executor or administrator, as the case may be, except in respect of acts done before the date of such transfer, and the Administrator-General shall have the rights which he would have had, and be subject to the liabilities to which he would have been subject, if the probate or letters of administration, as the case may be, had been granted to him by that name at the date of such transfer.

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Administrators-general Act, 1963 Section 10

Title: Power of Administrator-general to Collect and Hold Assets Where Immediate Action is Required

State: Central

Year: 1963

.....are applicable to such assets. (2) Any order of the High Court under sub-section (1) shall entitle the Administrator-General (a) to maintain any suit or proceeding for the recovery of such assets; (b) if he thinks fit, to apply for letters of administration of the estate of such deceased person; (c) to retain out of the assets of the estate any fees chargeable under rules made under this Act; and (d) to reimburse himself for all payments made by him to respect of such assets which a private administrator might lawfully have made. ____________________________ 1. Substituted for "fifty thousand" by The Administrators-General (Amendment) Act, 1999 (Act 34 of 1999) w.e.f. 16.12.1999.

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Administrators-general Act, 1963 Section 11

Title: Grant of Probate or Letters of Administration to Person Appearing in the Course of Proceedings Taken by Administrator-general

State: Central

Year: 1963

If, in the course of proceedings to obtain letters of administration under the provisions of Section 9 or Section 10, - (a) any person appears and establishes his claim- (i) to probate of the will of the deceased; or (ii) to letters of administration as next-of-kin of the deceased, and gives such security as may be required of him by law; or (b) any person satisfies the High Court that he has taken and is prosecuting with due diligence other proceedings for the protection of the estate, the case being one in which the obtaining of such probate or letters of administration is not obligatory under the provisions of the Indian Succession Act, 1925 (39 of 1925); or (c) the High Court is satisfied that there is no apprehension of misappropriation, deterioration, or waste of the assets and that the grant of letters of administration in such proceedings is not otherwise necessary for the protection of the assets; the High Court shall (1) in the case mentioned in clause (a), grant probate of the will or letters of administration accordingly; (2) in the case mentioned in clause (b) or clause (c), drop the proceedings; and (3) in all the cases award to the.....

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ADMINISTRATORS-GENERAL ACT, 1963 Section 14

Title: Recall of Administrator-General's administration and grant of probate etc., to executor or next-of-kin

State: Central

Year: 1963

If an executor or next-of-kin of the deceased, who has not been personally served with a citation or who has not had notice thereof in time to appear pursuant thereto, establishes to the satisfaction of the High Court a claim to probate of will or to letters of administration in preference to the Administrator-General, any letters of administration granted in accordance with the provisions of this Act to the Administrator-General (a) shall be revoked, if a will of the deceased is proved in the State; (b) may be revoked, in other cases, if an application for that purpose is made within six months after the grant to the Administrator-General and the High Court is satisfied that there has been no unreasonable delay in making the application, or in transmitting the authority under which the application is made; and probate or letters of administration may be granted to such executor or next-of-kin as the case may be.

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