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Report No. 68

Reasons for enacting the existing Act

1.3. So much as regards the need for revision. We begin our consideration of the Act with the Statement of Objects and Rea sons to the Powers-of-Attorney Bill No. 22 of 18811. The reasons why the legislation in question was initiated were thus stated:

"As the law stands, the donee of a power-of-Attorney, when executing an instrument pursuant to the power, must sign, and where scaling is required must seal, in his principal's name. The first object of this Bill is to render it legal for such donees to execute in and with their own names and seals. The law respecting the execution of instruments under powers-of-attorney will thus be made accordant with what will be the rule in England from and after the 31st December, 1881, and with what is believed to be the practice in the North-Western Provinces, British Burma and, probably, elsewhere in India. The section effecting this is copied from section 46 of the recent Statute 44 & 45 Vic., c. 41, which takes effect from the close of the present year.

"The second object of the Bill is to preclude doubts as to the liability of a donee of a power-of-attorney who makes payment in good faith after the donor of the power has died or become lunatic or bankrupt or insolvent, or has revoked the power, when the fact of death, lunacy, bankruptcy,insolvency or revocation was not known to the donee at the time of making the payment. The section effecting this is copied from section 47 of the Statute above-mentioned, and merely extends to all attorneys the rule as to trustees, executors and administrators making payments under powers, which has been in British India for the last fifteen years-see Act XXVIII of 1865, section 39.

"The third and last object of the Bill is to provide for the deposit of instruments creating powers-of-attorney, and for the evidence of the contents of such instruments. The section effecting this is copied (with the modifications necessary to adapt it to India) from 44 & 45 Vic., c. 41, section 48.

-Whitley Stokes"

1. Gazette of India, 22nd October, 1881, Part V, pages 1473-1474.

The Powers of Attorney Act, 1882 Back

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