#THE POWERS-OF-ATTORNEY ACT, 1882 
________ 

##ARRANGEMENT OF SECTIONS 
_________ 

###SECTIONS 

1.  Short title. 
Local extent. 
Commencement. 

1A. Definition. 
2.  Execution under power-of-attorney. 
3.  Payment by attorney under power, without notice of death, etc., good. 
4.  Deposit of original instruments creating powers-of-attorney. 
5.  Power-of-attorney of married women. 
6.  [Repealed.]. 

 

#THE POWERS-OF-ATTORNEY ACT, 1882 

##ACT NO. 7 OF 1882
[^1]

[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.**—This Act may be called the Powers-of-Attorney Act, 1882. 

**Local extent.**—It applies to the whole of India except the State of Jammu and 
Kashmir; 

**Commencement.**—and it shall come into force on the first day of May, 1882. 

**1A. Definition.**—In this Act, “power-of-attorney” includes any instrument empowering 
a specified person to act for and in the name of the person executing it.

2. **Execution under power-of-attorney.**—The donee of a power-of-attorney may, if he 
thinks fit, execute or do any 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 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 -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 of  unsound  mind, or  insolvent,  or  had  revoked  the 
power, if the fact of death, unsoundness of mind, 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 payee 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 or District Court within the local limits of whose jurisdiction the instrument may be. 

[^1]. Extended to Dadra and Nagar Haveli by the Dadra and Nagar Haveli (Laws) Regulation, 1963 (6 of 1963); s. 2 and the First 
Schedule extended to Laccadive, minicoy and Amindivi Islands (Laws) Regulation, 1965 (w.e.f. 1-10-1974): vide Reg 8 of 
1965, s. 3 and the Schedule and to Pondicherry by the Pondicherry (Extension of Laws) Act, 1968 (26 of 1968). 
 
                                                      

  (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 deposited 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  dep osit  thereof  in  the  High  Court or 
District 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  State  Government,  the  fees to  be  taken  under clauses (a),  (b) 
and (c). 

  (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 of full age shall, by virtue  of  this 
Act, have power, as if she were unmarried, 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-
attorney, shall apply thereto. 

This section applies only to instruments executed after this Act comes into force. 

6. *[Act 28 of 1866, section 39 repealed.] Rep. by the Amending Act, 1891 (12 of 1891), 
s. 2 and the First Schedule.*