Report No. 68

Need for definition of "power-of-attorney"

2.2. Curiously enough, the Act does not contain any definition of "power-of-attorney". Since the operative portion of the Act, namely, section 2, uses the expression "power-of-attorney", it is desirable that such a definition be inserted. An example of such a definition will be found in section 2(21) of the Indian Stamp Act, 1899, which reads as follows :1

"Power of Attorney" includes any instrument (not chargeable with fee under the law relating to Court fees for the time being in force) empowering a specified person to act for and in the name of the person executing it. Wharton2 defines a power of attorney as "a writing given and made by one person authorising another, who, in such case, is called the attorney of the person (or donee of the power), appointing him to do any lawful act in the stead of that person, as to receive rents, debts, to make appearance and application in court, before an officer of registration and the like. it may be either general or special, i.e., to do all acts or to do some particular act."

Stroud3 defines it as an authority whereby one is "set M turn, stead or place" of another to act for him.

1. Section 2(21), Indian Stamp Act, 1899.

2. Wharton, Law Lexicon (1953), page 784.

3. Stroud, Judicial Dictionary (1953), page 2257. 5 2-351 Mof Law/77