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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II-Section 1

PUBLISHED BY AUTHORITY

No. 41] NEW DELHI, WEDNESDAY. DEC. 11. 1963/AGRAHAYANA 10, 1885

MINISTRY OF LAW

(Legislative Department)

New Delhi, the 11th December, 1963/Agrahayana 20, 1885 (Saka)

The following Act of Parliament received the assent of the President on the 11th December, 1963, and is hereby published tor general information: —

THE ADMINISTRATORS-GENERAL ACT, 1963

No. 45 OF 1963

[11th December, 1963]

An Act to consolidate and amend the law relating to the office and duties of Administrator-General.

BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows: —

CHAPTER I

PRELIMINARY

1. (I) This Act may be celled the Administrators-General Act, 1963.

Short title, extent and commence ment.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Govern- ment may, by notification in the Official Gazette, appoint

2. In this Act, unless the context otherwise requires,—

Definitions

(a) "assets" means all the property, movable and immov- able, of a deceased person, which is chargeable with and appli- cable to the payment of his debts and legacies, or available for distribution among his heirs and next-of kin;

(471)

757 G of I bx

(b) "letters of administration" includes any letters of art- ministration whether general or with a copy of the will annex- ed or limited in time or otherwise;

(c) "next-of-kin" includes a widower or widow of a deceas- ed 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. (1) The State Government shall appoint an Administrator -

General for the State:

Appoint- ment of Administra- tor- General.

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; c

(d) five years a Deputy Administrator-General.

Appoint- ment and powers of Deputy Administra- tor-General.

4. (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 dis- charge any of the duties and to exercise any of the powers of the Administrator-General, and when discharging such duties or exer- cising such powers shall have the same privileges and be subject to the same liabilities as tho 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.

I ncorpu ra- tion 5- The Administrator-General shall be a corporation sole by the name of the Administrator-General of the State for which he is appointed, and, as such Administrator-General, shall have perpetual iuccession and an official seal, and may sue and be sued in his corpo- rate name.

CHAPTER III

RIGHTS, POWERS AND DUTIES OF THE ADMINISTHATOR-GENEHAL

(

Jurisdic- tion of High Court for the whole State 6. So far as regards the Administrator-General of any State, the High Court shall be deemed to be a Court of competent jurisdiction for the purpose of granting probate or letters of administration under any law for the time being in force, wheresoever within the State the estate to be administered is situate:

Provided thet nothing in this section shall be construed as affect-

ing the jurisdiction of any district court.

7. Any letters of administration granted by the High Court shall be granted to the Administrator-General of the State unless they are granted to the next-of-kin of the deceased.

Adminis- trator- General entitled to letters of ad- ministra- tion, unless granted to next- of-kin.

8. The Administrator-General of the State shall be deemed by all the courts in the State to have a right to letters of administration other than letters pendente lite in preference to that of—

(a) a creditor; or (b) a legatee, other than a universal legatee or a residuary

legatee or the representative of a residuary legatee; or

(c) a friend of the deceased.

9. (1) If—

(a) any person has died leaving within any State assets

exceeding rupees five thousand in value, and

Admims- trator- General, entitled to letters of adminis- tration in pre- ference to creditors, certain legatees or friends. Right of Adminis- trator- General t o apply for adminis- tration of estates.

(b) (whether the obtaining of probate of his will or letters of administration to his estate is or is not obligatory), no per- son to whom any court would have jurisdiction to commit ad- ministration of such assets has, within one month after his death, applied in such State for such probate, or letters of administra- tion, and

39 of ) 2] (c) (in cases where the obtaining of such probate or letters of administration is not obligatory under the provisions of the Indian Succession Act, 1925), no person has taken other proceed- ings for the protection of the estate,

the Administrator-General of the State in which such assets are, may, subject to any rules made by the State Government, within a reasonable time after he has had notice of the death of such person, and of his having left such assets, take such pro- ceedings as may be necessary to obtain from the High Court letters of administration of the estate of such person.

(2) The Administrator-General shall not take proceedings under this section unless he is satisfied, that there is apprehension of mis- appropriation, deterioration or waste of such assets if such proceed- ings are not taken by him or that such proceedings are otherwise necessary for the protection of the assets.

i'twer of

^dminlotia-

ior-Gener"l

io collect

ind hold

isietB where

immediate

action is

rrquired.

10. (I) Whenever any person has died leaving assets within any State exceeding rupees five thousand in value, and the High Court for that State is satisfied that there is imminent danger of misappro- priation, deterioration or waste of such assets, requiring immediate action, the High Court may, upon the application of the Administra- tor-General or of any person interested in such assets or In the due administration thereof, forthwith direct the Administrator-General—

(a) to collect and take possession of such assets, and

(b) to hold, deposit, realise, sell or invest the same accord- ing to the directions of the High Court, and, in default of any such directions, according to the provisions of this Act so far as the seme are applicable to such assets.

(2) Any order of the High Court under sub-section (1) 3hall entitle the Administrator-General—

(a) to maintain any suit or proceeding for the recovery of such assets;

(b) if he thinks fit, to apply for letters of administration of the estate of such deceased person;

(c) to retain out of the assets of the estate any fees charge- able under rules made under this Act; and

(d) to reimburse himself for all payments made by him in respect of such assets which a private administrator might law- fully have made.

11. If, in the course of proceedings to obtain letters of admini;

tration under the provisions of section 9 or section 10,—

(a) any person appears and establishes his claim— (i) to probate of the will of the deceased; or (ii) to letters of administration as next-of-kin of th deceased, and gives such security as may be required of hir by law; or

GTIOI or probate or letters of ad minis trac- tion to person ap- pearing in the course of proceed- ings taken byAd- ministrator- Gencial.

39 of 1925.

(b) any person satisfies the High Court that he has takei and is prosecuting with due diligence other proceedings for th. protection of the estate, the case being one in which the obtain ing of such probate or letters of administration is not obligator; under the provisions of the Indian Succession Act, 1925; or "

(c) the High Court is satisfied that there is no apprehensioi of misappropriation, deterioration, or waste of the assets and tha the grant of letters of administration in such proceedings is no¹ otherwise necessary for the protection of the assets;

the High Court shall—

(1) In the case mentioned in clause (a), grant probate 01

the will or letters of administration accordingly;

(2) in the case mentioned in clause (b) or clause (c), droj

the proceedings; and

(3) in all the cases award to the Administrator-General the costs of any proceedings taken by him under those sections to be paid out of the estate as part of the testamentary or intes- tate expenses thereof.

Grant ot administra- tion to Ad- ministrator-' General In certain OSes.

y of 19a*.

12. If, in the course of proceedings to obtain letters of adminis- tration under the provisions of section 9 or section 10, and within such period as to the High Court seems reasonable, no person appears and establishes his claim to probate of a will, or to a grant of letters of administration as next-of>kln of the deceased, or satisfies the High Court that he has taken and is prosecuting with due dili- gence other proceedings for the protection of the estate, the case being one in which the obtaining of such probate or letters of administra- tion is not obligatory under the provisions of the Indian Succession Act, 1925, and the High Court is satisfied that there is apprehension of misappropriation, deterioration, or waste of the assets or that the grant of letters of administration in such proceedings is otherwise necessary for the protection of the assets;

or if a person who has established his claim to a grant of letters of administration as next-of-kin of the deceased fails to give such security as may be required of him by law; 767 Oott Ex—2

the High Court may grant letters of administration to the Adminis- trator-General.

13. Nothing in this Act shall be deemed to preclude the Admin- istrator-General from applying to the High Court for letters of administration in any case within the period of one month from the death of the deceased.

AdmiuJ'tra- tor-General not pre- cluded from applying for letters jtfthin one month aftei death.

(b) Revocation of grants

Recall of Admlntstra- tor-Gener- al's adminis- tration and grant of probate, etc.& to executor or next-of-

J4. If an executor or next-of-kin of the deceased, who has not been personally served with a citation or who has not had notice thereof in time to appear pursuant thereto, establishes to the satis- faction of the High Court a claim to probate of will or to letters of administration in preference to the Administrator-General, any letters of administration granted in accordance with the provisions of this Act to the Administrator-General—

(a) shall be revoked, if a will of the deceased Is proved in

the State;

(b) may be revoked, in other cases, if an application for that purpose is made within six months after the grant to the Administrator-General and the High Court is satisfied that there has been no unreasonable delay in making the application, or in transmitting the authority under which the application Is made;

and probate or letters of administration may be granted to such exe- cutor or noxt-of-kin as the case may be.

Con of obtaining administra- tion, etc., may, on revocation, be ordered to be paid ^to Adminis- trator-Ge- neral out of etcate.

15. If any letters of administration granted to the Administrator- General in accordance with the provisions of this Act are revoked, the High Court may order the costs of obtaining such letters of admin- istration, and the whole or any part of any fees which would other- wise have been payable under this Act, together with the costs of the Admmistmtor-General in any proceedings taken to obtain such revocation, to be paid to or retained by the Administrator-Genemi out of the estate:

Provided that nothing in this section shall affect the piovisions

of clauses (c) and (d) of sub-section (2) of section 10.

After revo cation letters granted to

16. If any letters of administration granted to the Administrator- General in accordance with the provisions of this Act are revoked, the same shall, so far as regards the Administrator-General and all

persons acting under his authority in pursuance thereof, be deemed i to have been only voidable, except as to any act done by any such Admmistrator-General or other person as aforesaid, after notice of a will or of any other fact which would render such letters void:

Adminw- uator- Gcneral to be deemed as to him. to have been voidable only.

Provided that no notice of a will or of any other fact which would render any such letters void shall affect the Administrator-General or any person acting under his authority in pursuance of such letters unless, within the period of one month from the time of giving such no Lice, proceedings are commenced to prove the will, or to cause the letters to be revoked, and such proceedings are prosecuted without anreaionable delay.

Payments made by Admlnl3" trator- General prior to. revocation.

17. 11 any letters oi' administration granted to the Administrator- General in accordance with the provisions of this Act are revoked, upon the grant of probate of a will, or upon the grant of letters of administration with a copy of the will annexed, all payments made or acts done by or under the authority of the Administrator-General in pursuance of such letters of administration, prior to the revoca- tion, which would have been valid under any letters of adminis- tration lawfully granted to him with a copy of such will annexed, shall be deemed valid notwithstanding such 1 evocation.

(c) General

18. Whenever any Administrator-General applies for letters oi administration in accordance- witjj the provisions of this Act, it shall be sufficient if the petition required to be presented fpr the grant of such letters states,—

(i) the time and place of the death of the deceased to the

Adminis- trator- General's petition for grant of letters of ad- ministra- tion.

best of the knowledge and belief of the petitioner;

(ii) the names and addresses of the surviving next-of-kin

of the deceased, if known;

(Hi) the particulars and value of the assets likely to come

into the hands of the petitioner;

(iv) particulars of the liabilities of the estate, if known.

19. All probates or letters of administration granted to any Ad-

linistrator-General shall be granted to him by that name.

Name In which probate or letters to be granted.

Effect of probate or letters granted to Administra- tor-General.

20. (i) Probate or letters of administration granted by the High Court to the Administrator-General of any State shall have effect over all the assets of the deceased throughout the territories to which this Act extends and shall be conclusive as to the representa- tive title against all debtors of th£ deceased and all persons hold- ing such assets, and shall afford full indemnity to all debtors paying

their debts and ell persons delivering up ouch assets to such Admin- istrator-General,

(2) Whenever a grant of probate or letters of administration i* made by a High Court to the Administrator-General, the High Court shall send to the High Courts for the other States a certificate thai such grant has been made, and such certificate sha.ll be filed by the High Court receiving the same.

Effect of drant by the High Ccun of Tflmmu and Kaihmir.

21. Probate or letters of administration granted by the High Court for the State of Jammu and Kashmir to the Administrator- General of that State shall have effect over all the assets of the de- ceased throughout all the States to the High Courts of which a cer- tificate is sent by the High Court for the State of Jammu and Kash- mir that such grant has been made, and shall be conclusive as to the representative title against all debtors of the deceased and all persons holding such assets, and shall afford full indemnity to all debtors paying their debts and all persons delivering up such assets io such Administrator-General.

Transfer by private executor oi admiiiistrfl" tor of in- terest undef probate or l"ttero.

22. (1) Any private executor or administrator may, with the previous consent of the Administrator-General of the State in which any o± the assets of the estate, in respect of which such executor or administrator has obtained probate or letters of administration, are situate, by an instrument in writing under his hand notified in the Official Gazette, transfer the assets of the estate, vested In him by virtue of such probate or letters to the Administrator-General by that name or any other sufficient description.

(2) As from the date of such transfer, the transferor shall be exempt from all liability as such executor or administrator, as the case may be, except in respect of acts done before the date of such transfer, and the Administrator-General shall have the rights which he would have had, and be subject to the liabilities to which he would have been subject, if the probate or letters of administration, as the case may be, had been granted to him by that name at the date of such transfer.

JiJtribuUwi

jf asset*.

23. (1) When the Administrator-General has given the prescrib- ed notice to creditors and others to send in to him their claims against the estate of the deceased, he shall, at the expiration of the time therein named for sending in claims, be at liberty to distri- bute the assets or any part thereof in discharge of such lawful claims as he has notice of.

(2) The Administrator-General shall not be liable for the assets so distributed to any person of whose claims he had not notice at the time of such distribution.

(3) No notice of any claim which has been sent in and has been rejected or disallowed in part by the Administrator-General shall aiiect him, unless proceedings to enforce such claim are commenced Within one month after notice of the rejection or disallowance of "uch claim has been given in the prescribed manner and unless such proceedings are prosecuted without unreasonable delay.

(4) Nothing in this section shall prejudice the right of any cre- ditor or other claimant to follow the assets or any part thereof in the hands of the persons who may have received the same respec- tively.

(5) In computing the period of limitation for any suit, appeal or application under the provisions of any law for the time being in force, the period between the date of submission of the claim of a creditor or other claimant to the Administrator-General and the date of the> final decision of the Administrator-General on such claim shall be excluded.

Appoint- ment of Official Trustee as trustee ot assets after completion of aUminia- t ration.

24. (1) When the Administrator-General has, so far as may be, discharged all the liabilities of an estate administered by him, he shaJJ, notify the fact in the Official Gazette, and he may, by an ins- trument in writing with the consent of the Official Trustee and sub- ject, to any rules made by the State Government, appoint the Official Trustee to be the trustee of any assets then remaining in his hands.

of 1913.

(?) Upon such appointment, such assets shall vest in the Official Trustee as if he had been appointed trustee in accordance with the provisions of the Official Trustees Act, 1913, and shell be held by him upon the same trusts as the same were held immediately be- fore such appointment.

25. The High Court may, on application made to it by the Ad- ministrator-General or any person interested in the assets or in the due administration thereof, give to the Administrator-General oi the State any general or special directions as to any estate in his charge or in regard to the administration of any such estate.

Power of High Court to give direction" retarding administra- tion of cst"e.

26. No Administrator-General shall be required by any Court U enter into any administration bond, or to give other security to the Court, on the grant of any letters of administration to him by thai name

No security to be re- quired from Administra- tor-General.

Manner In which peti- tion to be verified by Adminfetra- toi-jeneral.

27. No Administrator-General shall be required to verify, other- wise than by his signature, any petition presented by him under the provisions of this Act, and, if the facts stated in any such peti- tion are not within his own personal knowledge, the petition may be subscribed and verified by any person competent to make verifi- cation.

Entry of 4 Adminlstra • tor-General not to constitute notice of a t n m.

28. The entry of the Administrator-General by that name in the books of a company shall not constitute notice of a trust, and a com- pany shall not be entitled to object to entering the name of the Administrator-General on its register by reason only that the Ad- ministrator-General is a corporation, and in dealing with assets the iact that the person dealt with is the Administrator-General shall not of itself constitute notice of a trust.

CHAPTER IV

GRANT OF CERTIFICATE

In what caies Adminlttra- tor-Gcnerol may grant certificate.

19 of 1925.

29. (1) Whenever any person has died leaving assets within any State and the Administrator-General of such State is satisfied that such assets, excluding any sum of money deposited in a Government Savings Bank or in any provident fund to which the provisions o^ tho Provident Funds Act, 1925, apply, did not at the date of deatft exceed in the whole five thousand rupees in value, he may grant t^c any person, claiming otherwise than as a creditor to be interested in such assets or in the due administration thereof, a certificate un\- der his hand entitling the claimant to receive the assets therein mentioned left by the deceased within the State, to a value not ex- ceeding in the whole five thousand rupees.

(2) No certificate under this section shall be granted before the

lapse of one month from the death unless before the lapse of the said one month the Administrator-General is requested so to do by writing under the hand of the executor or the widow or other per- son entitled to administer the estate of the deceased and he thinks fit to grant It

(3) No certificate shall be granted under this section,—

(1) where probate of the deceased's will or letters of ad-

ministration of his estate has or have been granted; or

(if) in respect of any sum of money deposited In a Govern-

9 of 1915 ment Savings Bank or in any provident fund to which the pro- visions of the Provident Funds Act, 1925, apply.

Grant "l certificate to creditor and power to take charge of certain estates.

30. (2) If in cases falling within section 29, no person claim- Ing to be interested otherwise than as a creditor in such assets or in the due administration thereof obtains, within three months of the death of the deceased, a certificate from the Administrator- General under that section, or probate of a will or letters of admi- nistration of the estate of the deceased, the Administrator-General may administer the estate without letters of administration, in the same manner as if such letters had been granted to him.

(?) If the Administrator-General neglects or refuses to adminis- ter such estate, he shall, upon the application of a creditor, grant a certificate to him in the same manner as if he were interested In such assets otherwise than as a creditor; and such certificate shall have the same effect as a certificate granted under the provisions of section 29, and shall be subject to all the provisions of this Act which are applicable to such certificate.

(3) The Administrator-General may, if he thinks fit, before granting a certificate under sub-section (2), require the creditor to give reasonable security for the due administration of the estate of the deceased.

Effect of certificate.

31. The Administrator-General shall not be bound to grant any * Adminlstra- tor-Gener"I certificate under section 29 or section 30 unless he is satisfied after* not bound ir aking such inquiry as he thinks fit of the title of the claimant and t to (jrant certificate of the value of the assets left bv the deceased within the State \ unless

Provi-led that nothing in this section shall be deemed to requirf

mv person holding such certificate,—

(") to file accounts or inventories of the assets of the

deceased before any court or other authority; or

(b) save as provided in section 30, to give any bond for the

due administration of the estate.

Revocation of certifi- cate.

33. (1) The Administrator-General may revoke a certificate R, granted under the provisions of section 29 or section 30 on any of of ' °" the following grnunds, namelv:—

(i) that the certificate was obtained by fraud or mfsreDre-

sentation made to him;

(in) that the certificate was obtained by means of an un- true allegation of a fact essential in law to justify the grant though such allegation was made In ignorance or inadvertently.

(2) No certificate shall be revoked under this section unless the holder of the certificate has been given a reasonable opportunity of showing cause why the certificate should not be so revoked.

Surrender of revoked eer iflcate.

34. (1) When a certificate is revoked in accordance with the pro- visions of section 33, the holder thereof shall, on the requisition of the Administrator-General, deliver It up to such Administrator- General, but shall not be entitled to the refund of any fee paid thereon.

(2) If such person wilfully and without reasonable cause omits to deliver up the certificate, he shall be punishable with imprison- ment which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

Payment to holder of certificate before it is revoked.

35. When a certificate is revoked in accordance with the provi- sions of section 33, all payments made In good faith under such certificate to the holder thereof before such revocation, shall, w - withstanding such revocation, be a legal discharge to the per -on making the payment and the holder of such certificate may retain, and reimburse himself in respect of, any payments made by him which the person to whom a certificate or probate or letters of ad- ministration may afterwards be granted might lawfully have made

3fi. The Administrator-General shall not be bound to take out letters of administration of the estate of any deceased person on account of the assets in respect of which he grants any certificate under section 29 or section 30, but he may do so if he revokes such certificate under section 33, or ascertains that the value of the "state pxe^pcled five thousand rupees.

Admlnlstra- tor-Gcneral not bound to take out administra- tion on account of assets for which he has granted certificate.

37. Where—

(a) a person not having his domicile in any State to which this Act extends has died leaving assets In any State and In the country In which he had his domicile at the time of his death, and

Transfer of certain assets to executor or administra- tor in country of domicile for distribution.

(b) proceedings for the administration of his estate with respect to assets in any such State have been taken un^er s³ctI<-,-i 29 or section 30, and

(c) there has been a grant of administration in the coun try of domicile, with respect to the assets in that country.

the holder of the certificate granted under section 29 or section 3C or the Administrator-General, as the case may be, after havinj given the prescribed notice for creditors and others to send in ti him their claims against the estate of the deceased, and after havini discharged, at the expiration of the time therein named, such law ful claims as he has notice of, may, instead of himself distributint any surplus or residue of the deceased's property to persons resid ing out of India or in the State of Jammu and Kashmir who ar< entitled thereto, transfer, with the consent of the executor or ad ministrator, as the case may be, in the country of domicile, th< surplus or residue to him for distribution to those persons.

CHAPTER V

LIABILITY

Liability of Govern- ment.

38. The Government shall be liable to make good all sums required to discharge any liability which the Administrator-General, if he were a private administrator, would be personally liable tc discharge, except when the liability is one to which neither the Admi- nistrator-General nor any of his officers has in any way contribut- ed, ror which neither he nor any of his officers could, by the exer- cise of reasonable diligence, have averted, and in either of those cases the Administrator-General shall not, nor shall the Government, be subject to any liability.

Creditor's suit againit Administra- tor-General.

39. (2) If any suit be brought by a creditor against any Admi- nistrator-General, such creditor shall be liable to pay the costs of the suit unless he proves that not less than one month previous to the institution of the suit he had applied in writing to the Adminis- trator-General, stating the amount and other particulars of his claim, and had given such evidence in support thereof as, in the cir- cumstances of the case, the Administrator-General was reasonably entitled to require.

(2) If any such suit is decreed in favour of the creditor, he shall, nevertheless, unless he is a secured creditor, be only entitled to payment of the amount decreed or ordered by the court to be paid out of the assets of the deceased equally and rateably with the other creditors.

5 of 1908.

40. Nothing in section 80 of the Code of Civil Procedure, 1908,

Notice of suit not re- quired in shall apply to any suit against the Administrator-General in which no relief is claimed against him personally.

ertaln cases.

757G of I Ex.—3

CHAPTER VI

FEES

Fees.

41. (I) There shall be charged in respect of the duties of the Administrator-General such fees, whether by way of percentage or otherwise, as may be prescribed by the State Government.

(2) The fees under this section may be at different rates for diffe- rent estates or classes of estates or for different duties, and shall, so far as may be, be arranged so as to produce an amount suffi- cient to discharge the salaries and all other expenses incidental to the working of this Act, (including such sum as the State Gov- ernment may determine to be required to insure the Government against loss under this Act).

Disposal of fce".

42. (1) Any expenses which might be retained or paid out of any estate in the charge of the Administrator-General, if he were a private Administrator of such estate shall be so retained or paid and the fees described under section 41 shall be retained or paid in like manner as and in addition to such expenses.

(2) The Administrator-General shall transfer and pay to such authority in such manner and at such time as the State Govern- ment may prescribe, all fees received by him under this Act, and the same shall be carried to the account and the credit of the Gov- ernment.

CHAPTER VII

AUDIT OF THE ADMINISTRATOR-GENEHALJS ACCOUNTS

Audit.

43. The accounts of every Administrator-General shall be audit- ed at least once annually and at any other time if the State Govern- ment so directs, by the prescribed person and in the prescribed manner-

44. The auditors shall examine the accounts and forward to the j State Government e statement thereof in the prescribed form, to- gether with a report thereon and a certificate signed by them show- ing—

Auditors to examine accounts and lepoit to Govern- ment.

(a) whether the accounts have been audited in the pres-

cribed manner;

(b) whether, so far as can be ascertained by such audit, the accounts contain a full and true account of everything which

(c) whether the books which by any rules made under this Act are directed to be kept by the Administrator-General, have been duly and regularly kept; and

(d) whether the assets and securities have been duly kepi and invested and deposiled in the manner prescribed by this Act, or by any rules made thereunder;

or (as the case may be) that such accounts are deficient, or that th" Administrator^General has failed to comply with this Act or th< rules made thereunder, in such respects as may be specified in such certificate.

s ot 1908.

45. (1) Every auditor shall have all the powers vested in a civi court under the Code of Civil Procedure, 1908, when trying a suit In respect of the following matters, namely:—

(a) summoning and enforcing the attendance of witnesse:

and examining them on oath;

Power of auditors to summon and examine witnetseB, and to call fcr dbcu- ments.

(b) discovery and inspection;

(c) compelling the production of documents; and

(d) issuing commissions for the examination of witnesses

5-fofiiso

(2) Any person who when summoned refuses, or, without reason- able cause, neglects to attend or to produce any document or thinj or attends and refuses to be sworn, or to be examined, shall b< deemed to have committed an offence within the meaning of, am punishable under, section 188 of the Indian Penal Code, and tin auditor shall report every case of such refusal or neglect to thi State Government.

Cesti of auditj etc. 46. The costs of and incidental to such audit and examinatioi shall be determined in accordance with rules made by the Stati Government, and shall be defrayed in the prescribed manner.

CHAPTER VIII

MISCELLANEOUS

General powers of administra- tion.

47. The Administrator-General may, in addition to, and not ii derogation of, any other powers of expenditure lawfully exercisabL by him, incur expenditure—

(a) en s-uch acts as may be necessary for the proper can and management of any property belonging to any estate in hi; charge; and

(b) with the sanction of the High Court, on such religious charitable and other objects, and on such improvements, as maj be reasonable and proper in the case of such property.

Power to summon and examine witneBies.

5 of 1968.

48. (1) The Administrator-General may, whenever he desires, for „ the purposes of this Act, to satisfy himself regarding any question of fact, exercise all the powers vested in a civil court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of witnesses

and examining them on oath;

(b) discovery and inspection;

(c) compelling the production of documents; and

(d) issuing commissions for the examination of witnesses.

(2) The provisions of sub-section (2) of section 45 shall apply in relation to a person summoned by the Administrator-General un- der this section as they apply in relation to a person summoned un- der that section.

49. Any person interested in the administration of any estate which is in the charge of the Administrator-General shall, subject to such conditions and restrictions as may be prescribed, be en- titled at all reasonable times to inspect the accounts relating to such estate and the reports and certificates of the auditor, and on pay- ment of the prescribed fee, to copies thereof and extracts therefrom.

Power of person beneficially Interested to Inspect Adm ntstr tor- General's account, etc., and take copies.

False evidence.

50. Whoever, during any examination authorised by this Act, makes upon oath a statement which is false and which he either knows or believes to be false or does not believe to be true, shall be deemed to have Intentionally given false evidence in a stage of a judicial proceeding,

Assets un- claimed for twelve years to be trans- ferred to Govern- ment.

51. All assets in the charge of the Administrator-General which have been in his custody for a period of twelve years or upwards, whether before or after the commencement of this Act, without any application for payment thereof having been made and granted by him shall be transferred, in the prescribed manner, to the account and credit of the Government:

Provided that this section shall not authorise the transfer of any such assets as aforesaid, if any suit or proceeding is pending in res- pect thereof in any court.

Mode of proceeding by claimant so recover principal money so 'ranoferred.

52. (1) If any claim is hereafter made to any part of the assets transferred to the account and credit of the Government under the provisions of this Act, or any Act hereby repealed, and if such claim is established to the satisfaction of the prescribed authority, the State Government shall pay to the claimant the amount of the prin- cipal so transferred to its account and credit or so much thereof as has been found by the said authority to be due to the claimant.

(2) If the claim is not established to the satisfaction of the pres- cribed authority, the claimant may, without prejudice to his right to take any other proceedings for the recovery of such assets, apply by petition to the High Court against the State Government and such Court, after taking such evidence as it thinks fit, shall make such order in regard to the payment of the whole or any part of the said principal sum as it thinks fit, and such order shall be binding on all parties to the proceedings.

(3) The High Court may further direct by whom the whole or any

part of the costs oL each party shall be paid.

39 of 1925.

1 of 1956-

53. Nothing contained in the Indian Succession Act, 1925, or the Companies Act, 1956, shall be taken to supersede or affect the rights, duties and privileges of any Administrator-General.

Succession Act or Com- panies Act not to affect Administra- tor-Genera],

-3 of 1925.

Savings of provisions of Police Acts for presidency- towns.

54. Nothing contained in the Indian Succession Act, 1925, or in this Act, shall be deemed to affect, or to have affected, any law for the time being in force relating to the movable property under four hundred rupees in value of persons dying intestate within any of -he presidency-towns which shall be or has been taken charge of by the police for the purpose of safe custody.

5f. Any order made under this Act by any court shall have the

sami} effect as a decree.

• Order of court to equivalc to decree.

Provision for adminis tration by Consular Officer In case of death in certain cir- cumstances of foreign subject.

56. Notwithstanding anything In this Act, or in any other law for the time being in force, the Central Government may, by gene- ral or special order, direct that, where a subject of a foreign State dies in the territories to which this Act extends, and it appears that there is no one in the said territories, other than the Administrator- General, entitled to apply to a court of competent jurisdiction for letters of administration of the estate of the deceased, letters of administration shall, on the application to such court by any Consu- lar Officer of such foreign State, be granted to such Consular Officer on such terms and conditions as the Court may, subject to any rules made in this behalf by the Central Government, think fit to impose.

40 of 1930. 62 of 1957.

Letters of administra- tion not necessary in respect of small estates ad- ministered by Adminis- trator- 57. It shall not be necessary for the Administrator-General to take out letters of administration of the estate of any deceased person which is being administered by him in accordance with the provisions of the Army and Air Force (Disposal of Private Property) Act, 1950, or the Navy Act, 1957, if the value of such estate does not, on the date when such administration is committed to him, exceed rupees two thousand, but he shall have the same power in regard to such estate

as he would have had if letters of administration had been granted to him.

40 of 1950.

62 of 1957.

46 of 1950.

45 of 1950.

58. If the Administrator-General applies in accordance with the provisions of the Army and Air Force (Disposal of Private Property) Act, 1950, or the Navy Act, 1957, for letters of administration of the estate of any person subject to the Army Act, 1950, or the Air Force Act, 1950, or the Navy Act, 1957, the Court may grant to him letters of administration limited to the purpose of dealing with such estate in accordance with the provisions of the Army and Air Force (Dispo- sal of Private Property) Act, 1950, or, as the came may be, the Navy Act, 1957.

40 of 19'

62 of ^J .

59. Nothing in this Act shall be deemed to affect the provisions of the Army and Air Force (Disposal of Private Property) Act, 1&50, or the Navy Act, 1957.

General in accord- ance with certain Acts Powers to grant Administra- tor-General letters limited for purpose o£ dealing witfr assets in accordance with the Army and Air Force (Disposal of Private Property) Act, 1950, or the Navy Act, 1957- Act not to affect Army and Air Force (Dis- posal of Private Pro' perty) Act, I95O> or the Navy Act, 1957.

60. Nothing in this Act shall be deemed to affect the provisioas of

16 of 1908.

the Indian Registration Act, 1908.

Saving of provisions of Indian Registratioi Act, 1908.

Power of Central Government to make rules.

61. The Central Government may, by notification in the Official Gazette, make rules as to the terms and conditions on which letters of administration may be granted to Consular Officers under section 56.

82. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act, and for regulating the proceedings of the Administrator-General.

Power of State Government to make rule*.

(2) In particular, and without prejudice to the generality of the

turegoing power, such rules may provide for—

(a) the accounts to be kept by the Administrator-General

and the audit and inspection thereof;

(b) the safe custody, deposit and investment of assets and securities which come into the hands of the Administrator- General;

(c) the remittance of sums of money in the hands of the Admniistiator-General in cases in which such remittances art -required;

(d) subject to the provisions of this Act, the fees to be paid under this Act and the collection and accounting for any such fees;

(c) the statements, schedules and other documents to be submitted to the State Government or to any other authority by the Administrator-General, and the publication thereof;

(f) the realization of the cost of preparing any such state- ments, schedules or other documents;

(g) the manner in which and the person by whom the costs of and incidental to any audit under the provisions of this Act are to be determined and defrayed;

(h) the manner in which summonses issued under this Act are to be served and the payment of tho expenses of any person summoned or examined under the provisions of this Act, and of any expenditure incidental to such examination; and

(i) any other matter which is requhed to be, or may be, prescribed under this Act.

Laying of rules made by- Central Govern- ment befora Parlia- ment.

6.¹¹,. Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days, which may be comprised in one session or in two successive ses- sions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything prevu rly done under that rule.

3 of 1913.

64. (1) The Administrator-General's Act, 1913, is hereby repeelrd. Repeal and savmgs.

10 of!897.

(2) Without prejudice to the generality of the provisions of the General Clauses Act, 1897, relating to the effect of repeals, the repeal effected by this section shall not affect the incorporation of any person holding the office of Administrator-General at the commencement, of this Act.

(3) Notwithstanding anything contained in this section, the pro-

3 of 1913.

visions of section 59B of the Administrator-General's Act, 1913, shall continue to apply as If that Act had not been repealed.

R. C. S. SARKAR,

Secy, to the Qovt. of India.

PRINTED IN INDIA BY THE GENERAL MANAGER. GOVERNMENT OF INDIA PRESS, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1 9 63