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Report No. 19

The Administrator-General's Act, 1913

Contents
Part I General
1. Historical background
2. Events leading to the passing of the Administrator-General's Act, 1913
3. Scheme of the Administrator-General's Act, 1913
4. Grant of letters of Administration
5,6,7,8,9. When Administrator-General may obtain grant
10,11. We recommend that in re-drafting the provisions the following considerations should be borne in min
12. Other changes
13. Scheme of the proposed new Act
Part II Proposals Relating to Sections
14. Preamble and section 1
15. Section 2
16. Section 3
17. Section 4
18. Sections 5, 6,7
19. Section 8
20. Sections 9, 10, 11
21. Sections 12, 13
22,23. Sections 14, 15
24. Sections 16
25,26. Sections 17 and 18
27. Sections 19 to 23
28. Section 24
29. Insertion of new section for Jammu and Kashmi
30,31. Section 25 and 26
32,33. Section 27 and 28,29
34,35. Section 30,31
36. Section 32
37,38. Sections 33 to 36
39. Section 37
40. Section 38
41. Section 39
42. Section 40
43,44. Section 41 and 42
45,46. Sections 43 and 44,45
47. Sections 47
48,49. Sections 47 to 49,50
50. Sections 51 to 53
51. Section 54
52. Section 55
53,54,55. Section 56,57 and 59
56. Sections 59A and 59B
57. Repeal
58. Appendix I
59. Appendix II
60. Appendix III
Index to Appendix I
Appendix I Proposals as shown in the form of a Draft Bill
The Administrators-General Bill, 1961
Part I General
Chapter I Preliminary
1. Short title, extent and commencement
2. Definitions
Chapter II The Office of the Administrator-General
3. Appointment of Administrator-General
4. Appointment and powers of Deputy Administrator-General
5. Incorporation
Chapter III Rights, Powers and Duties of the Administrator-General
6. Jurisdiction of High Court for the whole State
7. Administrator-General entitled to letters of administration, unless granted to next-of-kin
8. Administrator-General entitled to letters of administration in preference to creditors, certain legatees or friends
9. Right of Administrator-General to apply for administration of estates
10. Power of Administrator-General to collect and hold assets where immediate action is required
11. Grant of probate or letters of administration to person appearing in the course of proceedings taken by Administrator-General
12. Grant of administration to Administrator-General in certain cases
13. Administrator-General not precluded from applying for letters within one month after death
14. Recall of Administrator-General's administration and grant of probate, etc., to executor or next-of-kin
15. Cost of obtaining administration, etc., may, on revocation, be ordered to be paid to Administrator-General out of estate
16. After revocation, letters granted to Administrator-General to be deemed, as to him, to have been voidable onl
17. Payments made by Administrator-General prior to revocation
18. Administrator-General's petition for grant of letters of administration
19. Name in which probate or letters to be granted
20. Effect of probate or letters granted to Administrator-General
21. Effect of grant by the High Court of Jammu and Kashmir
22. Transfer by private executor or administrator of interest under probate or letters
23. Distribution of assets
24. Appointment of Official Trustee as trustee of assets after completion of administration
25. Power of High Court to give directions regarding administration of estate
26. No security to be required from Administrator-General
27. Manner in which petition to be verified by Administrator-General
28. Entry of Administrator-General not to constitute notice of a trust
Chapter IV Negotiation
29. In what cases Administrator-General may grant certificate
30. Grant of certificate to creditors and power to take charge of certain estates
31. Administrator-General not bound to grant certificate unless satisfied of claimants' title etc
32. Effect of certificate
33. Revocation of certificate
34. Surrender of revoked certificate
35. Payment to holder of certificate before it is revoked
36. Administrator-General not bound to take out administration on account of assets for which he has granted certificate
37. Transfer of certain assets from any State to which this Act extends to executor or administrator in country of domicile for distribution
Chapter V Liability
38. Liability of Government
39. Creditors' suit against Administrator-General
40. Notice of suit not required in certain cases
Chapter VI Fees
41. Fees
Chapter VII Audit of the Administrator-General's Accounts
43. Audit
44. Auditors to examine accounts and report to Government
45. Power of auditors to summon and examine witnesses, and to call for documents
46. Costs of audit, etc
Chapter VIII Miscellaneous
47. General Powers of administration
48. Power to summon and examine witnesses
49. Power of person beneficially interested to inspect Administrator-General's account, etc., and take copies
50. False evidence
51. Assets unclaimed for twelve years to be transferred to Government
52. Mode of proceeding by claimant to recover principal money so transferred
53. Succession Act or Companies Act not to affect Administrator-general
54. Savings of provisions of Police Acts for presidency-towns
55. Order of Court to be equivalent to decree
56. Provision for administration by Consular Officer in case of death in certain circumstances of foreign subject
57. Letters of administration not necessary in respect of small estates administered by Administrator-General in accordance with certain Acts
58. Powers to grant Administrator-General letters limited for purpose of dealing with assets in accordance with the Army and Air Force
59. Act not to affect Army and Air Force (Disposal of Private Property) Act, 1950, or Navy Act, 1957
60. Saving of provisions of Indian Registration Act, 1908
61. Power of Central Government to make rules
62. Power of State Government to make rules
63. Repeal
Appendix II Table showing the provision in the existing Act and the corresponding provision, if any, in Appendix I
Appendix III Suggestions in Respect of other Acts


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