Tuesday, 8 July 2014

THE POWER-OF-ATTORNEY ACT, 1882 (VII of 1882)


CONTENTS
1. Short title, local extent, commencement.
2. Execution under power-of-Attorney.
3. Payment by attorney under power, without notice of death, etc., good
4. [*******]
5. [*******]
6. [Act XXVIII of 1866, S. 39, repealed.] Rep.
Text
THE POWERS-OF-ATTORNEY ACT, 1882
(VII of 1882)
[24th February, 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, local extent, commencement. This Act may be called the Powersof-
Attorney Act, 1882.
1[(2) It extends to whole of the Punjab].
It shall come into force at once.
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 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-ofattorney,
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 persons 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.
1 “It extends to the whole of Pakistan” is substituted as “It extends to whole of the Punjab” by the Powers
of Attorney (Amendment) Act 2012 (IV of 2012).
This section applies only to payments and acts made or done after the Act
comes into force.
2[*****].
6. [Act XXVIII of 1866, S. 39, repealed.] Rep. by the Amending Act, 1891 (XII of
1891).
2 Sections 4 & 5 are omitted by the Powers of Attorney (Amendment) Act 2012 (IV of 2012).

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