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Powers of Attorney Act, 1882 Complete Act

Title: Powers of Attorney Act, 1882

State: Central

Year: 1882

Preamble1 - POWERS OF ATTORNEY ACT, 1882 Section1 - Short title Section1A - Definition Section2 - Execution under power-of-attorney Section3 - Payment by attorney under power, without notice of death, etc., good Section4 - Deposit of original instruments creating powers-of-attorney Section5 - Power-of-attorney of married women Section6 - [Repealed] Amending ActI - POWERS-OF-ATTORNEY (AMENDMENT) ACT, 1982

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Powers of Attorney Act, 1882 Amending Act I

Title: Powers-of-attorney (Amendment) Act, 1982

State: Central

Year: 1882

.....(Amendment) Act, 1982. 2. Insertion of new section 1A In the Powers-of-Attorney Act, 1882 (7 of 1882.), (hereinafter referred to as the principal Act), after section 1, the following section shall be inserted, namely:- '1A. Definition In this Act, "power-of-attorney" includes any instrument empowering a specified person to act for and in the name of the person executing it'. 3. Amendment of section 2 In section 2 of the principal Act, the word "assurance", occurring at both the places shall be omitted. 4. Amendment of section 3 In section 3 of the principal Act, the words "lunatic",, or bankrupt", "lunacy," and "bankruptcy", shall be omitted. 5. Amendment of section 4 In section 4 of the principal Act in clause (a) and clause (d) after the words "the High Court", the words "or District Court" shall be inserted. 6. Amendment of section 5 In section 5 of the principal Act, for the words "A married woman, whether a minor or not, shall by virtue of this Act, have power as if she were unmarried and of full age", the words "A married woman of full age shall, by virtue of this Act, have power as if she were unmarried," shall be substituted.

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Powers of Attorney Act, 1882 Preamble 1

Title: Powers of Attorney Act, 1882

State: Central

Year: 1882

THE POWERS OF ATTORNEY ACT, 1882 [Act, No. 7 of 1882] [As on 1956] [24th February, 1882] PREAMBLE An Act to amend the law relating to Powers-of-Attorney. For the purpose of amending the law relating to Powers-of-Attorney; It is hereby enacted as follows:

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Powers of Attorney Act, 1882 Section 2

Title: Execution Under Power-of-attorney

State: Central

Year: 1882

The donee of a power-of-attorney may, if he thinks fit, execute or do any1[***], instrument or thing in and with his own name and signature, and his own seal, where sealing is required, by the authority of the donor of the power; and every1[***], instrument and thing so executed and done, shall be as effectual in law as if it had been executed or done by the donee of the power in the name, and with the signature and seal, of the donor there of.This section applies to powers-of-attorney created by instruments executed either before or after this Act comes into force. ________________________ 1."Assurance" omitted by the Powers-of-Attorney (Amendment) Act, 1982, w.e.f. 22-10-1982.

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Powers of Attorney Act, 1882 Section 4

Title: Deposit of Original Instruments Creating Powers-of-attorney

State: Central

Year: 1882

.....as a certified copy, and, when so stamped or marked, shall become and be a certified copy. (d) A certified copy of an instrument so deposited shall, without further proof, be sufficient evidence of the contents of the instrument and of the deposit thereof in the High Court.1[or District Court] (e) The High Court may, from time to time, make rules for the purposes of this section, and prescribing, with the concurrence of the State Government, the fees to be taken under clauses (a), (b)and (c). {Cl. f) was repealed by Act 6 of 1900, section 48 and SechduleII.} (g) This section applies to instruments creating powers-of-attorney executed either before or after this Act comes into force. ________________________ 1. Inserted by the Powers-of-Attorney (Amendment) Act, 1982, w.e.f. 22-10-1982.

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Powers of Attorney Act, 1882 Section 5

Title: Power-of-attorney of Married Women

State: Central

Year: 1882

1[A married woman of full age shall, by virtue of this Act, have power as if she were unmarried], by a non-testamentary instrument, to appoint an attorney on her behalf, for the purpose of executing any non-testamentary instrument or doing any other act which she might herself execute or do; and the provisions of this Act, relating to instruments creating powers-of-attorney, shall apply thereto.This section applies only to instruments executed after this Act comes into force. ________________________ 1.Substituted for "A married woman, whether a minor or not, shall, by virtue of this Act, have power, as if she were unmarried and of full age" by the Powers-of-Attorney (Amendment) Act, 1982, w.e.f. 22-10-1982.

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Advocate Act, 1961 Complete Act

Title: Advocate Act, 1961

State: Central

Year: 1961

..... Section11 - Staff of Bar Council Section12 - Accounts and audit Section13 - Vacancies in Bar Councils and committees thereof not to invalidate action taken Section14 - Election to Bar Councils not to be questioned on certain grounds Section15 - Power to make rules Chapter III Section16 - Senior and other advocates Section17 - State Bar Councils to maintain roll of advocates Section18 - Transfer of name from one State roll to another Section19 - State Bar Councils to send copies of rolls of advocates to the Bar Council of India Section20 - Special provision for enrolment of certain supreme court advocate Section21 - Disputes regarding seniority Section22 - Certificate of enrolment Section23 - Right of pre-audience Section24 - Persons who may be admitted as advocates on a state roll Section24A - Disqualification for enrolment Section25 - Authority to whom applications for enrolment may be made Section26 - Disposal of application for admission as an Advocate Section26A - Power to remove names from roll Section27 - Application once refused not to be entertained by another Bar Council except in certain circumstances Section28 - Power to make rules Chapter IV.....

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Advocate Act, 1961 Section 20

Title: Special Provision for Enrolment of Certain Supreme Court Advocate

State: Central

Year: 1961

(1)Notwithstanding anything contained in this Chapter, every advocate who isentitled as of right to practice in the Supreme Court immediately before theappointed day and whose name is not entered in any State roll may, within theprescribed time, express his intention in the prescribed form to the Bar Councilof India for the entry of his name in the roll of a State Bar Council and onreceipt thereof the Bar Council of India shall direct that the name of suchadvocate shall, without payment of any fee, be entered in the roll of that StateBar Council, and the State Bar Council concerned shall comply with suchdirection. (2)Any entry in the State roll made in compliance with the direction of Bar Councilof India under sub-section (1)shall be made in the order of seniority determined in accordance with theprovisions of sub-section (30 of section 17. (3)Where an advocate referred to in sub-section (1) omits or fails to express hisintention within the prescribed time, his name shall be entered in the roll ofthe State Bar Council of Delhi.]

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Advocate Act, 1961 Section 26

Title: Disposal of Application for Admission as an Advocate

State: Central

Year: 1961

.....made to it in this behalf or otherwise, that any person hasgot his name entered on the roll of advocates by misrepresentation asto an essential fact or by fraud or undue influence, remove the nameof such person from the roll of advocates after giving him anopportunity of being heard.] (2) Where the enrolment committee ofa State Bar Council proposes to refuse any such application, it shallrefer the application for opinion to the Bar Council of India andevery such reference shall be accompanied by a statement of thegrounds in support of the refusal of the application. (3) The enrolment committee of aState Bar Council shall dispose of any application referred to theBar Council of India under sub-section (2) in conformity withthe opinion of the Bar Council of India. 3 [(4)Where the enrolment committee of a State Bar Council has refused anyapplication for admission as an advocate on its roll, the State BarCouncil shall as soon as may be, send intimation to all other StateBar Councils about such refusal stating the name, address andqualification of the person whose application was refused and thegrounds for the refusal.] ______________________ 1. Inserted by Act 21 of.....

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Powers of Attorney Act, 1882 Section 3

Title: Payment by Attorney Under Power, Without Notice of Death, Etc., Good

State: Central

Year: 1882

Any person making or doing any payment or act in good faith, in pursuance of a power-of-attorney, shall not be liable in respect of the payment or act by reason that, before the payment or act, the donor of the power had died or become1[***], of unsound mind,1[***] or insolvent, or had revoked the power, if the fact of death,1[***], unsoundness of mind,1[***], insolvency or revocation was not, at the time of the payment or act, known to the person making or doing the same. But this section shall not affect any right against the payee of any person interested in any money so paid; and that person shall have the like remedy against the payee as he would have had against the payer, if the payment had not been made by him. This section applies only to payments and acts made or done after this Act comes into force. ________________________ 1.Words "Lunatic", "Bankrupt", "Lunacy", "Bankruptcy" omitted by the Powers-of-Attorney (Amendment) Act, 1982, w.e.f. 22-10-1982.

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