An Ordinance for proposed amendment of the Powers-of- Attorney Act, 1882 (Act No. VII of 1882)--BD

The Powers-of-Attorney (amendment) Ordinance, 200......
WHEREAS it is expedient and necessary further to amend certain provisions
of the Powers-of-Attorney Act, 1882 (Act No. VII of 1882) for the purposes
hereinafter appearing; AND
WHEREAS the Parliament now stands dissolved and the President is
satisfied that circumstances exist which render immediate necessary action
to amend the Powers-of-Attorney Act, 1882 ;
NOW, THEREFORE, in exercise of the powers vested in him by article 93
(i) of the Constitution, and in exercise of all powers enabling him in that
behalf, the President is pleased to make and promulgate the following
Ordinance, namely:-
1. Short title and commencement. - This Ordinance may be called the
Powers-of-Attorney (amendment) Ordinance, 200....
(2) It shall come into force at once.
2. Insertion of a new section 1A in Act VII of 1882.- In the Powers-of-
Attorney Act, 1882 (Act VII of 1882) hereinafter referred to as the said Act,
after section 1, a new section 1A shall be inserted, namely:-
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"1A. Definition.- In this Act, "Powers-of-Attorney" include any
instrument empowering a specified person to act for and in the name
of the person executing it".
3. Insertion of a new section 2A in Act VII of 1882.- In the said Act, after
section 2, a new section 2A shall be inserted, namely:-
"2A Registration of the Powers-of-Attorney.-(1) Notwithstanding
anything contained in any other law for the time being in force,
every power-of-attorney shall be in writing executed by both the
doner and donee of the powers-of-attorney and registered under the
Registration Act, 1908 (Act. XVI of 1908).
(2) A power-of-attorney referred to in sub-section (1) shall be
presented for registration within thirty days from the date of execution
of the same and the provisions regarding registration of instrument
shall apply.
(3) One passport sized (40×50 mm.) photograph of both the doner and
donee shall be pasted on every instrument of power-of-attorney and
the parties thereto shall sign and put their left thumb impression below
their respective photographs in the instrument.
Provided that if any person is incapable of signing, he shall not be
required to sign."
4. Amendment of section 3 in Act VII of 1882.- In the said Act, in section
3, the words "or had revoked the power" and the "coma" and also the words
"or revocation" shall be omitted.
5. Insertion of a new section 3A in Act VII of 1882.- In the said Act, after
section 3, a new section 3A shall be inserted, namely:-
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"3A. Revocation of power-of-attorney.- (1) The doner of a powerof-
attorney may revoke his power-of-attorney in writing with notice to
the donee of the power and the instrument of such revocation shall be
registered under the provisions of the Registration Act, 1908 (Act
XVI of 1908).
(2) A deed of revocation referred to in sub-section (1) shall be
presented for registration within thirty days from the date of execution
of the same and the provision regarding registration of instrument
shall apply.
(3) One passport size (40×50 mm.) photograph of the doner of the
power-of-attorney shall be pasted on the instrument of revocation and
the doner shall sign and put his left thumb impression below his
photograph in the instrument.
Provided that if any doner is incapable of signing, he shall not be
required to sign.
(4) Inspite of the revocation of a power-of-attorney under sub-section
(1) above, the acts and deeds done, any payment made or any
instrument executed by the donee in pursuance of the power-ofattorney
prior to its revocation shall not be affected by reason of such
revocation."
6. Omission of section 4 in Act VII of 1882.- In the said Act, section 4
shall be omitted.
7. Amendment of section 5 in Act VII of 1882.- In the said Act, in section
5, for the words "whether a minor or not" the words "of full age" shall be
substituted; and thereafter the words "and of full age" shall be omitted.
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8. Insertion of a new section 7 in Act VII of 1882.- In the said Act, after
the repealed section 6, the following new section 7 shall be inserted,
namely:-
"7. The Powers-of-attorney before this Ordinance.- (1) The
powers-of-attorney which were executed and registered before the
coming into force of this Ordinance shall, unless revoked, continue to
be valid powers-of-attorney after the coming into force of this
Ordinance.
(2) Those powers-of-attorney which were executed and authenticated
but not registered prior to coming into force of this Ordinance shall
become invalid after the coming into force of this Ordinance, and the
parties thereto may, however, make fresh power-of-attorney, if
necessary, complying with the provisions of this Ordinance.
(3) Inspite of a power-of-attorney becoming invalid under sub-section
(2) above, all payments made, all acts and deeds done or any
instrument made under the authority of that power-of-attorney prior to
the coming into force of this Ordinance, shall continue to be valid acts
and deeds unless any such act and deed is otherwise declared to be
invalid by a court of competent jurisdiction".