Powers of Attorney Act, 1882

(VII OF 1882)

[24 February, 1882]


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 and commencement: It extends to the whole of Pakistan; and it shall come into force on the first day of May, 1882.

2.      Execution under power of attorney: The donee of a power of attorney may, if he thinks fit, execute or do any assurance, 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 assurance. 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 power to 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 lunatic, of unsound mind, or bankrupt, or insolvent, or had revoked the power, if the fact of death, lunacy, unsoundness of mind, bankruptcy, 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 payees 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.

4.      Deposit of original instruments creating powers of attorney:

(a)         An instrument creating a power of attorney, its execution being verified by affidavit, statutory declaration or other sufficient evidence, may, with the affidavit or declaration, if any, be deposited in the High 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 that file, and inspect every instrument so deposited; and a certified copy thereof shall be delivered out to him on request.

(c)          A copy of an instrument so desisted may be presented at the office and may be stamped or marked as a certified copy, and, when so stamped or marked, shall become and be a certified copy.

(d)         A certified copy of an instrument so deposited, shall without further proof, be sufficient evidence of the contents of the instrument and of the deposit thereof in the High Court.

(e)          The High Court may, from time to time, make rules for the purposes of this section, and prescribing with the concurrence of the Provisional Government, the fees to be taken under clause (a), (b) and (c).

(f)           [Repealed by the Lower Burma Courts’ Act (VI of 1900), Section 48 and Schedule II].

(g)         This section applies to instruments creating powers of attorney executed either before or after this Act comes into force.

5.      Power of attorney of married women: A married woman, whether minor or not, shall, by virtue of this Act, has power as she was unmarried and of full age, by a non testamentary instrument, to appoint an attorney on her behalf, for the purpose of executing any non testamentary instrument or doing any other act which she might herself execute or do; and the provisions of this Act, relating to instruments creating powers of attorneys shall apply thereto.

[This section shall not apply to a Muslim married woman]

6.      Act XXVIII of 1866, Section 39 repealed: [Repealed by the Amending Act, XII of 1891].

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