The Powers-of Attorney Act, 1882

This Act may be called the Powers-of-Attorney Act, 1882. Local extent.---It applies to the whole of India 1***; Commencement.--- and it shall come into force on the first day of May, 1882.

1[1A. Definition.--In this Act, "power-of-attorney" includes any instrument empoweringa specified person to act for and in the name of the person executing it.]

The donee of a power-of-attorney may, if hethinks fit, execute or do any 1*** 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; andevery 1*** instrument and thing so executed and done, shall be as effectual in law as if it hadbeen 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 thisAct comes into force.

Any personmaking or doing any payment or act in good faith, in pursuance of a power-of-attorney, shall notbe liable in respect of the payment or act by reason that, before the payment or act, the donor ofthe power had died or become 1*** of unsound mind, 2*** or insolvent, or had revoked thepower, if the fact of death, 3*** unsoundness of mind, 4*** insolvency or revocation was not, atthe 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 anymoney so paid; and that person shall have the like remedy against the payee as he would havehad 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.

(a) An instrumentcreating a power-of-attorney, its execution being verified by affidavit, statutory declaration orother sufficient evidence, may, with the affidavit or declaration, if any, be deposited in the HighCourt 1[or District Court] within the local limits of whose jurisdiction the instrument may be. (b) A separate file of instruments so deposited shall be kept; and any person may search thatfile, and inspect every instrument so deposited; and a certified copy thereof shall be deliveredout to him on request. (c) A copy of an instrument so deposited may be presented at the office and may be stampedor marked as a certified copy, and, when so stamped or marked, shall become and be a certifiedcopy. (d) A certified copy of an instrument so deposited shall, without further proof, be sufficientevidence of the contents of the instrument and of the deposit thereof in the High Court 2[District Court]. (e) The High Court may, from time to time, make rules for the purposes of this section, andprescribing, with the concurrence of the State Government, the fees to be taken under clauses (a), (b)and (c). 3** * * * (g) This section applies to instruments creating powers-of-attorney executed either before or after thisAct comes into force.