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The Administrators-General Act, 1963

Year of Passage: 1963 | Type: Bare Act

Section 1 Short title, extent and commencement.

(1) This Act may be called the Administrators-GeneralAct, 1963. (2) It extends to the whole of India 1***. (3) It shall come into force on such date2 as the Central Government may, by notification in theOfficial Gazette, appoint.

Section 2 Definitions.

In this Act, unless the context otherwise requires,-- (a) "assets" means all the property, movable and immovable, of a deceased person, which ischargeable with and applicable to the payment of his debts and legacies, or available for distributionamong his heirs and next-of-kin; (b) "letters of administration" includes any letters of administration whether general or with acopy 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 bylaw 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.

Section 3 Appointment of Administrator-General.

(1) The State Government shall appoint anAdministrator-General for the State: Provided that nothing herein contained shall be deemed to bar the appointment of the same person asAdministrator-General for two or more States. (2) No person shall be appointed to the office of Administrator-General unless he has been for atleast-- (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.

Section 4 Appointment and powers of Deputy Administrator-General.

(1) The State Government mayappoint 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 theAdministrator-General, be competent to discharge any of the duties and to exercise any of the powers ofthe Administrator-General, and when discharging such duties or exercising such powers shall have thesame 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 threeyears-- (a) an advocate; or (b) an attorney of a High Court; or (c) a member of the judicial service of a State.

Section 5 Incorporation.

The Administrator-General shall be a corporation sole by the name ofAdministrator-General of the State for which he is appointed, and, as such Administrator-General, shallhave perpetual succession and an official seal, and may sue and be sued in his corporate name.
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