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 |