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Administrators-general Act, 1963 Complete Act

Title: Administrators-general Act, 1963

State: Central

Year: 1963

.....years to be transferred to Government Section52 - Mode of proceeding by claimant to recover principal money so transferred Section53 - Succession Act or Companies Act not to affect Administrator-General Section54 - Savings of provisions of Police Acts for presidency-towns Section55 - Order of court to be equivalent to decree Section56 - Provision for administration by Consular Officer in case of death in certain circumstances of foreign subject Section57 - Letters of administration not necessary in respect of small estates administered by Administrator-General in accordance with certain Acts Section58 - Powers to grant Administrator-General letters limited for purpose of dealing with assets in accordance with the Army and Air Force (Disposal of Private Property) Act, 1950, or the Navy Act, 1957 Section59 - Act not to affect Army and Air Force (Disposal of Private Property) Act, 1950, or the Navy Act, 1957 Section60 - Saving of provisions of Indian Registration Act, 1908 Section61 - Power of Central Government to make rules Section62 - Power of State Government to make rules Section63 - Laying of rules made by Central Government before Parliament Section64 - Repeal.....

Administrators General Act, 1963 Complete Act

State: Central

Year: 1963

..... No Administrator-General shall be required to verify, otherwise than by his signature, any petition presented by him under the provisions of this Act, and, if the facts stated in any such petition are not within his own personal knowledge, the petition may be subscribed and verified by any person competent to make verification. SECTION 28: ENTRY OF ADMINISTRATOR GENERAL NOT TO CONSTITUTE NOTICE OF A TRUST The entry of the Administrator-General by that name in the books of a company shall not constitute notice of a trust, and a company shall not be entitled to object to entering the name of the Administrator-General on its register by reason only that the Administrator-General is a corporation, and in dealing with assets the fact that the person dealt with is the Administrator-General shall not of itself constitute notice of a trust. CHAPTER 04: GRANT OF CERTIFICATE SECTION 29: IN WHAT CASES ADMINISTRATOR GENERAL MAY GRANT CERTIFICATE (1) Whenever any person has died leaving assets within any State and the Administrator-General of such State is satisfied that such assets, excluding any sum of money deposited in a Government Savings Bank or in any provident fund to.....

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.

Administrators-general Act, 1963 Chapter V

Title: Liability

State: Central

Year: 1963

.....Administrator-General, stating the amount and other particulars of his claim, and had given such evidence in support thereof as, in the circumstances of the case, the Administrator-General was reasonably entitled to require. (2) If any such suit is decreed in favour of the creditor, he shall, nevertheless, unless he is a secured creditor, be only entitled to payment of the amount decreed or ordered by the court to be paid out of the assets of the deceased equally and rateable with the other creditors. Section 40 - Notice of suit not required In certain cases Nothing in section 80 of the Code of Civil Procedure, 1908 (5 of 1908), shall apply to any suit against the Administrator-General in which no relief is claimed against him personally.

Administrators-general Act, 1963 Section 4

Title: Appointment and Powers of Deputy Administrator-general

State: Central

Year: 1963

(1) The State Government may appoint a Deputy or Deputies to assist the Administrator-General; and any Deputy so appointed 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.

Administrators-general Act, 1963 Section 3

Title: Appointment of Administrator-general

State: Central

Year: 1963

(1) The State Government shall appoint an Administrator-General for the State: PROVIDED that nothing herein contained shall be deemed to bar the appointment of the same person as Administrator-General for two or more States. (2) No person shall be appointed to the office of Administrator-General unless he has been for at least-- (a) seven years an advocate; or (b) seven years an attorney of a High Court; or (c) ten years a member of the judicial service of a State; or (d) five years a Deputy Administrator-General.

Administrators-general Act, 1963 Section 23

Title: Distribution of Assets

State: Central

Year: 1963

.....No notice of any claim which has been sent in and has been rejected or disallowed in part by the Administrator-General shall affect him, unless proceedings to enforce such claim are commenced within one month after notice of the rejection or disallowance of such claim has been given in the prescribed manner and unless such proceedings are prosecuted without unreasonable delay. (4) Nothing in this section shall prejudice the right of any creditor or other claimant to follow the assets or any part thereof in the hands of the persons who may have received the same respectively. (5) In computing the period of limitation for any suit, appeal or application under the provisions of any law for the time being in force, the period between the date of submission of the claim of a creditor or other claimant to the Administrator-General and the date of the final decision of the Administrator-General on such claim shall be excluded.

Administrators-general Act, 1963 Section 28

Title: Entry of Administrator-general Not to Constitute Notice of a Trust

State: Central

Year: 1963

The entry of the Administrator-General by that name in the books of a company shall not constitute notice of a trust, and a company shall not be entitled to object to entering the name of the Administrator-General on its register by reason only that the Administrator-General is a corporation, and in dealing with assets the fact that the person dealt with is the Administrator-General shall not of itself constitute notice of a trust.

ADMINISTRATORS-GENERAL ACT, 1963 Section 39

Title: Creditor's suit against Administrator-General

State: Central

Year: 1963

(1) If any suit be brought by a creditor against any Administrator-General, such creditor shall be liable to pay the costs of the suit unless he proves that not less than one month previous to the institution of the suit he had applied in writing to the Administrator-General, stating the amount and other particulars of his claim, and had given such evidence in support thereof as, in the circumstances of the case, the Administrator-General was reasonably entitled to require. (2) If any such suit is decreed in favour of the creditor, he shall, nevertheless, unless he is a secured creditor, be only entitled to payment of the amount decreed or ordered by the court to be paid out of the assets of the deceased equally and rateable with the other creditors.

Administrators-general Act, 1963 Section 5

Title: Incorporation

State: Central

Year: 1963

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.