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Report No. 60

9.2. Section 13A (New)-Effect of incorporation-Recommendation.-

Whenever an enactment has to incorporate a body of persons, it has to expressly provide, in a separate section, for many matters dealing with the effect of incorporation. Since enactments incorporating bodies are now increasing in number, it is considered that a provision in the General Clauses Act on the subject would serve a useful purpose. A new provision as to the effect of incorporation is, therefore, recommended as follows:-

Section 13A (New)

"13A. Where by or under any Central Act or Regulation made on or after the day of ,1 any association or body of persons is constituted a body corporate, then, unless a different intention appears, that body corporate-

(a) shall have perpetual succession, and a common seal with power to alter or change the seal;

(b) may sue and be sued by its corporate name;

(c) shall have power

(i) to contract by its corporate name;

(ii) , to acquire, hold or dispose of property, whether movable or immovable."

1. Date of commencement of amendment Act to be inserted.

General Clauses Act, 1897 Back

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