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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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Karnataka] General Clauses Act, 1899 Part III

Title: General Rules of Construction

State: Karnataka

Year: 1899

.....Mysore Adaptations of Laws Order, 1956 w.e.f. 1.11.1956 4. Added by Act 12 of 1953. Section 6 - Effect of repeal Where this Act or [any Mysore Act or Karnataka Act] made after the commencement of this Act repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not,- (a) revive anything not in force or existing at the time at which the repel takes effect; or (b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactments so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such, right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing Act had not been passed. Section 6A.....

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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 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.....

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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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Bombay General Clauses Act, 1904, (Maharashtra) Preamble

Title: the Bombay General Clauses Act, 1904

State: Maharashtra

Year: 1904

.....settle the form of and bring together in one Act, many detailed provisions which commonly appeared in special Acts authorising various kinds of public undertakings, such as the construction of railways. Thereafter the provisions of the Appropriate Clauses Act could be incorporated by reference in subsequent special Acts, thereby promoting uniformity and consistency and shortening and simplifying the special Acts. Some Clauses Acts are deemed incorporated in later special Acts unless varied on excluded thereby; others apply only in so far as expressly incorporated".-The Oxford Companion to Law, David M. Walker, Clarendon Press, Oxford, 1980. __________________________ 1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1903, Pt. VII, pp. 5, 6 ; for Report of Select Committee, see ibid., 1904, Pt. VII p. 1, and for Proceedings in Council, see ibid., 1903, Pt. VII, p. 130, ibid., 1904, Pt. VII, p. 42.

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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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Comptroller and Auditor-generals (Duties, Powers and Conditions of Service), Act, 1971 Chapter II

Title: Salary and Other Conditions of Service of Service of the Comptroller and Auditor-general

State: Central

Year: 1971

.....(including commutation of pension), family pension and gratuity as areadmissible to a Judge of Supreme Court under the Supreme Court Judges Act andthe rules made thereunder, as amended from time to time".] 4 ["(6D) Notwithstanding anythingcontained in the foregoing provisions of this section, a person who demittedoffice [whether in any manner specified in sub-section (8) or by resignation]as the Comptroller and Auditor-General, at any time before the 16th day ofDecember, 1987, shall be entitled to the pension specified in sub-section (6C)on and from that date."] (7) If a person who demits office as the Comptroller andAuditor-General is not eligible to any pension under this section but iseligible to a pension under the rules for the time being applicable to theService to which he belonged immediately before he assumed office as theComptroller and Auditor-General, he shall, notwithstanding anything containedin this section be eligible to draw such pension as is admissible to him underthe said rules. (8) Exceptwhere he demits office by resignation, a person holding office of theComptroller and Auditor-General shall be deemed for the purposes of this Act,to have.....

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Comptroller and Auditor-generals (Duties, Powers and Conditions of Service), Act, 1971 Chapter III

Title: Duties and Powers of the Comptroller and Auditor-general

State: Central

Year: 1971

.....subs-ection (1) and sub-sections (2) and (3) inserted by the Comptroller and Auditor-General's (Duties, Powers and Conditions of Service) Amendment Act (2 of 1984), Section 3 (16-3-1984). 2. Substituted for the words "rupees five lakhs" and "this section" respectively, by the Comptroller and Auditor-General's (Duties, Powers and Conditions of Service) Amendment Act (2 of 1984), Section 3 (16-3-1984). Section 15 - Functions of Comptroller and Auditor-General in the case of grants or loans given to other authorities or bodies (1) Where any grant or loan is given for any specific purpose from the Consolidted Fund of India or of any State or of any Union territory having a Legisltive Assembly to any authority or body not being a foreign State or international organisation, the Comptroller and Auditor-General shall scrutinise the procedures by which the sanctioning authority satisfies itself as to the fulfilment of the conditions subject to which such grants or loans were given and shall for this purpose have right of access, after giving reasonable previous notice, to the books and accounts of that authority or body: Provided that the President, the Governor of a State or.....

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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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