Report No. 68

Chapter 4

Deposit of Powers of Attorney

Section 4-Deposit of powers-of-attorney

4.1. Section 4 provides for the deposit of powers of attorney in High Courts, and for the issue by the High Courts of certified copies of the powers-of-attorney so deposited. Corresponding provisions existed in England in section 219 of the Supreme Court of Judicature Consolidation Act, 1925, read with R.S.C. Order 61A, but these provisions have now been repealed. Proof. in England is governed by the Evidence and Powers of Attorney Act, 1940.

This procedure appears to be out of tune with modern notions about the functions of the judiciary. Powers-of-attorney can be registered under section 18(f) of the Indian Registration Act, 1908, which allows the registration of any document not required by section 17 to be registered. Section 57(5) of that Act enables what arc known as "registration copies" of such documents to be given in evidence for proof of contents of the original. In the circumstances, section 4 of the Powers of Attorney Act, 1882 does not serve any particular purpose. It may also be noted, that there are now facilities for the authentication of power-of-attorney by notaries1. Section 4 should, therefore, be deleted, and we recommend accordingly.

1. See discussion in Chapter 6. infra.

4.2. It may be noted that section 4 is based on section 48 of the Conveyancing Act, 1881. The English section was IC-placed by section 219, Supreme Court of Judicature (Consolidation) Act, 1925,1 which was in these terms :

"219. Deposit of original instruments creating power of attorney :

(1) An instrument creating a power of attorney. the execution of which has been verified by affidavit, statutory declaration or other sufficient evidence, may, with the affidavit or declaration, if any, be deposited in the central office.

(2) A separate file of instruments so deposited shall be kept, and any person may search that file, and inspect every instrument so deposited, and an office copy thereof shall be delivered out to him on request.

"(3) A copy of an instrument so deposited may be presented at the office, and may be stamped or marked and when so stamped and marked shall become an office copy.

[Sub-section (4) repealed, by 3 it 4 Geo. VI,Ch. 28, section. 4]

(5) Rules of court may made fay the purpose of this regulating the practice of the central office and prescribing with the concurrence of the Treasury, the fees to be taken herein.

Recently, by the Powers of Attorney Act, 1971, this procedure has been totally abrogated in England (section 2).

1. Supreme Court of Judicature (Consolidation) Act, 1925, 15 & 16 Geo V, Ch. 49