Powers-of Attorney Act, 1882
No: 7 Dated: Feb, 24 1882
THE POWERS-OF-ATTORNEY ACT, 1882
ACT NO. 7 OF 1882
An Act to amend the law relating to Powers-of-Attorney.
For the purpose of amending the law relating to Powers-of-Attorney;
It is hereby enacted as follows:—
1. Short title.—This Act may be called the Powers-of-Attorney Act, 1882.
Local extent.—It applies to the whole of India except the State of Jammu and Kashmir;
Commencement.—and it shall come into force on the first day of May, 1882.
1A. Definition.—In this Act, “power-of-attorney” includes any instrument empowering a specified person to act for and in the name of the person executing it.
2. Execution under power-of-attorney.—The donee of a power-of-attorney may, if he thinks fit, execute or do any instrument or thing in and with his own name and signature, and his own seal, where sealing is required, by the authority of the donor of the power; and every instrument and thing so executed and done, shall be as effectual in law as if it had been executed or done by the donee of the power in the name, and with the signature and seal, of the donor thereof. This section applies to powers-of-attorney created by instruments executed either before or after this Act comes into force.
3. Payment by attorney under power, without notice of death, etc., good.—Any person making or doing any payment or act in good faith, in pursuance of a power-of-attorney, shall not be liable in respect of the payment or act by reason that, before the payment or act, the donor of the power had died or become of unsound mind, or insolvent, or had revoked the power, if the fact of death, unsoundness of mind, insolvency or revocation was not, at the time of the payment or act, known to the person making or doing the same. But this section shall not affect any right against the payee of any person interested in any money so paid; and that person shall have the like remedy against the payee as he would have had against the payer, if the payment had not been made by him. This section applies only to payments and acts made or done after this Act comes into force.