Administrators-General Act, 1963
No: 45 Dated: Dec, 11 1963
THE ADMINISTRATORS-GENERAL ACT, 1963
ACT NO. 45 OF 1963
An Act to consolidate and amend the law relating to the office and duties of Administrators-General.
BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the Administrators-General Act, 1963.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “assets” means all the property, movable and immovable, of a deceased person, which is chargeable with and applicable to the payment of his debts and legacies, or available for distribution among his heirs and next-of-kin;
(b) “letters of administration” includes any letters of administration whether general or with a copy of the will annexed or limited in time or otherwise;
(c) “next-of-kin” includes a widower or widow of a deceased person, or any other person who by law would be entitled to letters of administration in preference to a creditor or legatee of the deceased; and
(d) “prescribed” means prescribed by rules made under this Act
CHAPTER II
THE OFFICE OF THE ADMINISTRATOR-GENERAL
3. Appointment of Administrator-General.—(1) The State Government shall appoint an Administrator-General for the State: Provided that nothing herein contained shall be deemed to bar the appointment of the same person as Administrator-General for two or more States.
(2) No person shall be appointed to the office of Administrator-General unless he has been for at least—
(a) seven years an advocate; or
(b) seven years an attorney of a High Court; or
(c) ten years a member of the judicial service of a State; or
(d) five years a Deputy Administrator-General.
4. Appointment and powers of Deputy Administrator-General.—(1) The State Government may appoint a Deputy or Deputies to assist the Administrator-General; and any Deputy so appointed shall, subject to the control of the State Government and the general or special orders of the Administrator-General, be competent to discharge any of the duties and to exercise any of the powers of the Administrator-General, and when discharging such duties or exercising such powers shall have the same privileges and be subject to the same liabilities as the Administrator-General.
(2) No person shall be appointed as a Deputy under this section unless he has been for at least three years—
(a) an advocate; or
(b) an attorney of a High Court; or
(c) a member of the judicial service of a State.
5. Incorporation.—The Administrator-General shall be a corporation sole by the name of Administrator-General of the State for which he is appointed, and, as such Administrator-General, shall have perpetual succession and an official seal, and may sue and be sued in his corporate name.