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Report No. 148

4.6. The Government Seal Act, 1862 (8 of 1862).-

The Government Seal Act, 1862 was enacted in order to remove the doubts about the use of seals for the certification of certain documents. Before the passage of the Act, certain enactments made provisions prescribing the affixation of seals to certain instruments and for connected matters. For instance certificates of Registry under section 8 of the Coasting Vessels Act, 1838 were to be sealed with the seal of East India Company. It was also laid down that no other seal could properly be used for such certificates until the passage of some Act prescribing the seal to be used in lieu of the seal of the East India Company.

The Government Seal Act provides as under:-

"Whenever it is required by any Regulation of a local Government or by any Act of the Central Legislature that the seal of the East India Company shall be affixed on behalf or by the authority of the Government to any instrument or document, it shall be lawful, if the seal is to be affixed on behalf or by the authority of a State Government to affix in lieu of the seal of the East India Company, a seal bearing the designation of such State Government or, if the seal is to be affixed on behalf or by the authority of the Central Government a seal bearing the inscription "Government of India" and such instrument or document so sealed shall to all intents and purposes be as valid and effectual as if the seal so used had been that of the East India Company."

The documents and instruments so sealed under the Act of 1862 might have given rise to certain rights and liabilities. Such liabilities, obligations, rights, succession to property etc. have been accepted and undertaken by the Government of India/State Governments under Articles 294-295 of the Constitution of India. In the circumstances, repeal of the Act cannot be recommended.



Repeal of certain Pre-1947 Central Acts Back




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