(1) This Act may be called the Administrator General's Act, 1913.

2[(2) It extends to the whole of India 3[except the State of Jammu and Kashmir].]

(3) It shall come into force on such date4 as the Central Government may, by notification in the Official Gazette, direct.

In this Act, unless there is anything repugnant in the subject or context,

(1) assets means all the property, moveable and immoveable, of a deceased person, which is chargeable with, and applicable to, the payment of his debts and legacies, or available for distribution among his heirs and next-of-kin:

(2) exempted person means an Indian Christian, a Hindu Muhammadan, Parsi or Buddhist, or a person exempted under Section 332 of he Indian Succession Act, 1865(10 of 1865)5, from the operation of that Act:

6[(3) Government or the Government means in relation to any State, the State Government] 7[and in relation to any Union territory, the Central Government]:

(4) Indian Christian means a Native of India who is or in good faith claims to be of unmixed Asiatic descent, and who professes any form of the Christian religion:

(5) letters of administration includes any letters of administration, whether general or with a copy of the will annexed, or limited in time or otherwise:

(6) next-of-kin includes widower or widow of a deceased 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:

8[* * *]

(8) prescribed means prescribed by rules under this Act:

9[* * *]

10[(12) High Court means

(a) in relation to a State, the High Court for that State;

(b) in relation to the Union territory of Delhi or Himachal Pradesh, the High Court of Punjab;

(c) in relation to the Union territory of Manipur or Tripura, the High Court of Assam;

(d) in relation to the Union territory of the Andaman and Nicobar Islands, the High Court at Calcutta; and

(e) in relation to the Union territory of the Laccadive, Minicoy and Amindivi Islands, the High Court of Kerala.]

11[* * *]

THE OFFICE OF ADMINISTRATOR GENERAL

12[(1) 13[The Government shall appoint an Administrator General for each State]:

Provided that nothing herein contained shall be deemed to bar the appointment of the same person as Administrator General for two or more 14[States].]

(2) No person shall be appointed to the office of Administrator General 15[* * *] who is not

(a) a Barrister; or

(b) an Advocate, Attorney or Vakil enrolled by a High Court; or

(c) a person holding the office of Deputy Administrator General at the commencement of this Act; 16[or

(d) in the case of a State other than 17[West Bengal], Madras or Bombay, a person already in the service of the Government].

18[* * *]

The Government may appoint a Deputy or Deputies to assist the Administrator General; and any Deputy so appointed shall, subject to the control of the Government and the general or special orders of the Administrator General, be competent to discharge any of the duties and to exercise any of the powers of the Administrator General, and when discharging such duties or exercising such powers shall have the same privileges and be subject to the same liabilities as the Administrator General.

The Administrator General shall be a corporation sole by the name of the Administrator General of the 19[State] for which he is appointed and, as such Administrator General, shall have perpetual succession and an official seal, and may sue and be sued in his corporate name.

RIGHTS, POWERS, DUTIES AND LIABILITIES OF THE ADMINISTRATOR GENERAL

(A) GRANTS OF LETTERS OF ADMINISTRATION AND PROBATE

So far as regards the Administrator General of any 20[State], the High Court 21[* * *] 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 22[State] the estate to be administered is situate.

Any letters of administration, which are granted after the commencement of this Act by the High Court 23[* * *] shall be granted to the Administrator General of the 24[State] unless they are granted to the next-of-kin of the deceased.

The Administrator General of the 25[State] shall be deemed by all the Courts in the 26[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 an universal legatee; or

(c) a friend of the deceased.

If any person, not being an exempted person, had died leaving within any 27[State] assets exceeding the value of 28[two thousand] rupees,

and if no person to whom any Court would have jurisdiction to commit administration of such assets has, within one month after his death, applied in such 29[State] for probate of his will, or for letters of administration of his estate,

the Administrator General of the 30[State] in which such assets are shall, subject to any rules made by the 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 proceedings as may be necessary to obtain from the High Court 31[* * *] letters of administration of the estate of such person.

32[Whenever any person has died leaving assets within the local limits of the ordinary original civil jurisdiction of the High Court at a Presidency-town, the Court, on being satisfied that danger is to be apprehended of misappropriation, deterioration or waste of such assets unless letters of administration of the estate of such person are granted, may upon the application of the Administrator General or of any person interested in such assets or in the due administration thereof, make an order, upon such terms as to indemnifying the Administrator General against costs and other expenses as the Court thinks fit, directing the Administrator General to apply for letters of administration of the estate of such person:

Provided that, in the case of an application being made under this section for letters of administration of the estate of an exempted person, the Court may refuse to grant letters of administration, if it is satisfied that such grant is unnecessary for the protection of the assets; and in such case the Court shall make such order as to the costs of the application as it thinks fit.

33 (1) Whenever any person has died leaving assets within the local limits of the ordinary original civil jurisdiction of any of the said High Courts,

and such Court is satisfied that there is no person immediately available, who is legally entitled to the succession to such assets, or that danger is to be apprehended of misappropriation, deterioration or waste of such assets, before it can be determined who may be legally entitled to the succession thereto, or whether the Administrator General is entitled to letters of administration of the estate of such deceased person,

the Court may, upon the application of the Administrator General or of any person interested in such assets, or in the due administration thereof, forthwith direct the Administrator General to collect and take possession of such assets, and to hold, deposit, realize, sell or invest the same according to the directions of the Court, and in default of any such directions according to the provisions of this Act so far as the same are applicable to such assets.

(2) Any order of the Court made under the provisions of this section shall entitle the Administrator General

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

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

(c) to retain out of the assets of the estate any fees chargeable under rules made under this Act, and to reimburse himself for all payments made by him in respect of such assets which a private administrator might lawfully have made.

If, in the course of proceedings to obtain letters of administration under the provisions of Section 9, Section 10 or Section 11, any person appears and establishes his claim

(a) to probate of the will of the deceased; or

(b) to letters of administration as next-of-kin of the deceased, and gives such security as may be required of him by law,

the Court shall grant probate of the will or letters of administration accordingly, and shall 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 intestate expenses thereof.

If, in the course of proceedings to obtain letters of administration under the provisions of Section 9, Section 10, or Section 11, no person appears and establishes his claim to probate of a will, or to a grant of letters of administration as next-of-kin of the deceased, within such period as to the Court seems reasonable,

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,

the Court may grant letters of administration to the Administrator General.

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

(B) ESTATES OF PERSONS SUBJECT TO THE ARMY ACT34[OR THE AIR FORCE ACT]

Nothing in this Act shall be deemed to affect the provisions of the Regimental Debts Act, 189335 (55 & 56 Vict. c. 57) 36[or] 37[the Army and Air Force (Disposal of Private Property) Act, 1950 (40 of 1950)].

39[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 Regimental Debts Act, 189340 (55 & 56 Vict. c. 57) 41[or] 42[the Army and Air Force (Disposal of Private Property) Act, 1950 (40 of 1950)], if the value of such estate does not on the date when such administration is committed to him exceed rupees one 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.

44[If the Administrator General applies in accordance with the provisions of the Regimental Debts Act, 1893 (55 & 56 Vict., c. 57), or the Army and Air Force (Disposal of Private Property) Act, 1950 (40 of 1950), for letters of administration of the estate of any person subject to the Army Act or the Air Force Act or the Army Act, 1950 (46 of 1950), or the Air Force Act, 1950 (45 of 1950), 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 Regimental Debts Act, 1893, or, as the case may be, the Army and Air Force (Disposal of Private Property) Act, 1950.]

(C) REVOCATION OF GRANTS

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 satisfaction of the Court a claim to probate of a 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 may be revoked, and probate or letters of administration may be granted to such executor or next-of-kin as the case may be:

Provided that no letters of administration granted to the Administrator General shall be revoked for the cause aforesaid, except in cases in which a will of the deceased is proved in the 45[State], unless the application for that purpose is made within six months after the grant to the Administrator General and the 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.

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

Provided that nothing in this section shall affect the provisions of clause (c) of sub-section (2) of Section 11.

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 to have been only voidable, except as to any act done by any such Administrator General or other person as aforesaid, after notice of a will or of any other fact which would render such letters void:

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 notice, proceedings are commenced to prove the will, or to cause the letters to be revoked, and such proceedings are prosecuted without unreasonable delay.

If any letters of 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 revocation, which would have been valid under any letters of administration lawfully granted to him with a copy of such will annexed, shall be deemed valid notwithstanding such revocation.

(D) GENERAL

Whenever any Administration General applies for letters of administration in accordance with the provisions of this Act, it shall be sufficient if the petition required to be presented for the grant of such letters states,

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

(iii) 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.

46[All probates or letters of administration granted to any Administrator General shall be granted to him by that name.]

Probate or letters of administration granted by the High Court 47[* * *] to the Administrator General of any 48[State] shall have effect over all the assets of the deceased throughout such 49[State], 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 to such Administrator General:

Provide that the High Court may direct, by its grant, that such probate or letters of administration shall have like effect throughout one or more of the other 50[States].

Whenever a grant is made by a High Court to the Administrator General with such effect as last aforesaid, the Court shall send to the other High Courts a certificate that such grant has been made, and such certificate shall be filed by the Court receiving the same.

51[A grant made by the High Court at Rangoon before the 52separation of Burma from India shall have the same effect for the purposes of this section as it would have had if the separation had not taken place.]

(1) Any private executor or administrator may with the previous consent of the Administrator General of the 53[State] in which any of the assets of the estate, in respect of which such executor or administrator had 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.

(1) When the Administrator General has given the prescribed notice for 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 distribute the assets or any part thereof in discharge of such lawful claims as he has notice of.

(2) He shall not be liable for the assets so distributed to any person of whose claim 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 affect him unless proceedings to enforce such claim are commenced within one month after notice of the rejection or disallowance of such 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 creditor or other claimant to follow the assets or any part thereof in the hands of the persons who may have received the same respectively.

(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 to the Administrator General and the date of the final decision of the Administrator General on such claim shall be excluded.

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

(2) 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 Trustee Act, 1913 (2 of 1913), and shall be held by him upon the same trusts as the same were held immediately before such appointment.

(1) The High Court 54[* * *] may, on application made to it, give to the Administrator General of the 55[State] any general or special directions as to any estate in his charge or in regard to the administration of any such estate.

(2) Applications under sub-section (1) may be made by the Administrator General or any person interested in the assets or in the due administration thereof.

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

(2) Manner in which petitions to be verified by Administrator General and his Deputy. No Administrator General or Deputy Administrator General shall be required to verify, otherwise than by his signature, any petition presented by him under the provisions of this Act, and, if the facts stated in any such petition are not within the Administrator General's own personal knowledge, the petition may be subscribed and verified by any person competent to make the verification.

(3) Entry of Administrator General not to constitute notice of a trust. The entry of the Administrator General by that name in the books of a company shall not constitute notice of a trust, and a Company shall not be entitled to object to enter the name of the Administrator General on its register by reason only that the Administrator General is a corporation and in dealing with assets the fact that the person dealt with is the Administrator General shall not of itself constitute notice of a trust.

The Administrator General may, whenever he desires, for the purposes of this Act, to satisfy himself regarding any question of fact, examine upon oath (which he is hereby authorised to administer) any person who is willing to be so examined by him regarding such question.

(E) GRANT OF CERTIFICATES

Whenever any person has died leaving assets within any 56[State], and the Administrator General of such 57[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 of the Provident Funds Act, 1897 (9 of 1897)58, apply, did not at the date of death exceed in the whole 59[two thousand] rupees in value, he may, after the lapse of one month from the death if he thinks fit, or before the lapse of the said month if he is requested so to do by writing under the hand of the executor or the widow or other person entitled to administer the estate of he deceased, grant to any person, claiming otherwise than as a creditor to be interested in such assets, or in the due administration thereof, a certificate under his hand entitling the claimant to receive the assets therein mentioned left by the deceased, within the 60[State] to a value not exceeding in the whole 61[two thousand] rupees:

Provided that no certificate shall be granted under this section

(i) where probate of the deceased's will or letters of administration of his estate has or have been granted, or

(ii) in respect of any sum of money deposited in a Government Savings Bank or in any Provident Fund to which the provisions of the Provident Funds Act, 1897 (9 of 1897)62, apply.

63[If, in cases falling within Section 31, no person claiming 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 the same section, or probate of a will or letters of administration of the estate of the deceased, and such deceased was not an exempted person, or was an exempted person who has left assets within the ordinary original civil jurisdiction of the High Court, or within any area notified by the Government in this behalf in the Official Gazette, the Administrator General may administer the estate without letters of administration, in the same manner as if such letters had been granted to him;

and if he neglects or refuses to administer 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 31, and shall be subject to all the provisions of this Act which are applicable to such certificate:

Provided that the Administrator General may before granting such certificate, if he thinks fit, require the creditor to give reasonable security for the due administration of the estate of the deceased.

The Administrator General shall not be bound to grant any certificate under Section 31 or Section 32, unless he is satisfied of the title of the claimant and of the value of the assets left by the deceased within the 64[State], either by the oath of the claimant, or by such other evidence as he requires.

The holder of a certificate granted in accordance with the provisions of Section 31 or Section 32, shall have in respect of the assets specified in such certificate the same powers and duties, and be subject to the same liabilities as he would have had or been subject to if letters of administration had been granted to him:

Provided that nothing in this section shall be deemed to require any person holding such certificate,

(a) to file accounts or inventories of the assets of the deceased before any Court or other authority, or

(b) save as provided in Section 32 to give any bond for the due administration of the estate.

The Administrator General may revoke a certificate granted under the provisions of Section 31 or Section 32 on any of the following grounds, namely:

(i) that the certificate was obtained by fraud or misrepresentation made to him,

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

(1) When a certificate is revoked in accordance with the provisions of Section 35, 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 imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with both.65

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 31 or Section 32, but he may do so if he revokes such certificate under Section 35 or ascertains that the value of the estate exceeded 66[two thousand] rupees.

Where a person not having his domicile in 67[any State to which this Act extends] had died leaving assets in any 68[State] and in the country in which he had his domicile at the time of his death, and proceedings for the administration of his estate with respect to assets in any such 69[State] have been taken under Section 31 or Section 32, and there has been a grant of administration in the country of domicile with respect to the assets in that country,

the holder of the certificate granted under Section 31 or Section 32, or the Administrator General, as the case may be, after having given the prescribed notice for creditors and others to send in to him their claims against the estate of the deceased, and after having discharged, at the expiration of the time therein named, such lawful claims as he has notice of, may, instead of himself distributing any surplus or residue of the deceased's property to persons residing out of 70[India or in the State of Jammu and Kashmir] who are entitled thereto, transfer, with the consent of the executor or administrator, as the case may be, in the country of domicile, the surplus or residue to him for distribution to those persons.

(F) LIABILITY

(1) The revenues of the Government 71[* * *] 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 to discharge, except when the liability is one to which neither the Administrator General nor any of his officers has in any way contributed, or which neither he nor any of his officers could, by the exercise of reasonable, diligence have averted, and in either of those cases the Administrator General shall not, nor shall the revenues 72[of the Government 73* * *] 74[* * *] be subject to any liability.

(2) Nothing in sub-section (1) shall be deemed to render 75[the Government 76* * *] 77[* * *] or the Administrator General liable for any thing done before the commencement of this Act, by or under the authority of the Administrator General.

(1) If any suit be brought by a creditor against any Administrator 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 Administrator General, stating the amount and other particulars of his claim, and had given such evidence in support thereof as, in the circumstances of the case, the Administrator General was reasonably entitled to require.

78(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 out of the assets of the deceased equally and rateably with the other creditors.

Nothing in Section 80 of the Code of Civil Procedure, 1908 (5 of 1908), shall apply to any suit against the Administrator General in which no relief is claimed against him personally.

FEES

(1) 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 Government:

Provided that in the case of any estate, the administration of which has been committed to the Administrator General before the commencement of this Act, the fees prescribed under this section shall not exceed the fees leviable in respect of such estate under the Administrator General's Act, 187479 (2 of 1874), as subsequently amended:

Provided further that, in respect of the duties of the Administrator General under the Regimental Debts Act, 189380 (55 & 56 Vict., c. 57), the fees prescribed in this section shall be determined in accordance with the provisions of that Act.

(2) The fees under this section may be at different rates for different estates or classes of estates or for different duties, and shall, so far as may be, be arranged so as to produce an amount sufficient to discharge the salaries and all other expenses incidental to the working of this Act (including such sum as Government may determine to be required to insure the revenues of the Government 81[* * *] against loss under this Act).

(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 prescribed under Section 42 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 Government may prescribe, all fees received by him under this Act, and the same shall be carried to the account and credit of the Government 82[* * *].

AUDIT OF THE ADMINISTRATOR GENERAL'S ACCOUNTS

The accounts of every Administrator General shall be audited at least once annually, and at any other time if the Government so direct, by the prescribed person and in the prescribed manner.

The auditors shall examine the accounts and forward to the Government a statement thereof in the prescribed form, together with a report thereon and a certificate signed by them showing

83(a) whether they contain a full and true account of everything which ought to be inserted therein,

(b) 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

(c) whether the assets and securities have been duly kept and invested and deposited 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 the Administrator General has failed to comply with this Act or the rules made thereunder, in such respects as may be specified in such certificate.

(1) Every auditor shall have the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908),

(a) to summon any person whose presence he thinks necessary to attend him from time to time; and

(b) to examine any person on oath to be by him administered; and

(c) to issue a commission for the examination on interrogatories or otherwise of any person; and

(d) to summon any person to produce any document or thing the production of which appears to be necessary for the purpose of such audit or examination.

(2) Any person who when summoned refuses, or without reasonable cause, neglects to attend or to produce any document or thing or attend and refuses to be sworn, or to be examined, shall be deemed to have committed an offence within the meaning of, and punishable under, Section 188 of the Indian Penal Code (45 of 1860), and the auditor shall report every case of such refusal or neglect to Government.

The costs of and incidental to such audit and examination shall be determined in accordance with rules made by the Government, and shall be defrayed in the prescribed manner.

MISCELLANEOUS

The Administrator General may, in addition to, and not in derogation of, any other powers of expenditure lawfully exerciseable by him, incur expenditure

(a) on such acts as may be necessary for the proper care and management of any property belonging to any estate in his charge; and

(b) with the sanction of the High Court 84[* * *] on such religious, charitable and other objects, and on such improvements, as may be reasonable and proper in the case of such property.

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 entitled at all reasonable times to inspect the accounts relating to such estate and the reports and certificates of the auditor, and on payment of the prescribed fee, to copies thereof and extracts therefrom.

(1) The Government shall make rules85 for carrying into effect the objects of this Act and for regulating the proceedings of the Administrator General.

(2) In particular and without prejudice to the generality of the foregoing 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 Administrator General in cases in which such remittances are 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,

(e) the statements, schedules and other documents to be submitted to the Government or to any other authority by the Administrator General, and the publication of such statements, schedules or other documents,

(f) the realization of the cost of preparing any such statements, schedules or other such documents,

86[* * *]

(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 the provisions of Section 46 are to be served and the payment of the expenses of any persons summoned or examined under the provisions of this Act and of any expenditure incidental to such examination, and

(i) any matter in this Act directed to be prescribed.

(3) All rules made under this Act shall be published in the Official Gazette and, on such publication, shall have effect as if enacted in this Act.

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.

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 87[* * *].

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

(1) If any claim is hereafter made to any part of the assets transferred to the account and credit of the Government 88[* * *] 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 Government 89[* * *] shall pay to the claimant the amount of the principal so transferred to its account and credit or so much thereof as appears to be due to the claimant.

(2) If the claim is not established to the satisfaction of the prescribed 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 90[* * *] against the 91[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 proceeding.

92[* * *]

(3) The Court may further direct by whom the whole or any part of the cost of each party shall be paid.

(1) Whenever any person, other than an exempted person, dies leaving assets within the limits of the jurisdiction of a District Judge, the District Judge shall report the circumstance without delay to the Administrator General of the 93[State], stating the following particulars so far as they may be known to him:

(a) the amount and nature of the assets.

(b) whether or not the deceased left a will and, if so, in whose custody it is,

(c) the names and addresses of the surviving next-of-kin of the deceased,

and on the lapse of one month from the date of the death.

(d) whether or not any one has applied for probate of the will of the deceased or letters of administration of his estate.

(2) The District Judge shall retain the assets under his charge, or appoint an officer under the provisions of Section 23994 of the Indian Succession Act, 1865 (10 of 1865), to take and keep possession of the same until the Administrator General has obtained letters of administration, or until some other person has obtained probate or such letters or a certificate from the Administrator General under the provisions of this Act, when the assets shall be delivered over to the holder of such probate, letters of administration or certificate:

Provided that the District Judge may, if he thinks fit, sell any assets which are subject to speedy and natural decay, or which for any other sufficient cause he thinks should be sold, and he shall thereupon credit the proceeds of such sale to the estate.

(3) The District Judge may cause to be paid out of any assets of which he or such officer has charge, or out of the proceeds of such assets or of any part thereof, such sums as may appear to him to be necessary for all or any of the following purposes, namely:

(a) the payment of the expenses of the funeral of the deceased and of obtaining probate of his will or letters of administration of his estate or a certificate, under this Act,

(b) the payment of wages due for services rendered to the deceased within three months next preceding his death by any labourer, artizan or domestic servant,

(c) the relief of the immediate necessities of the family of the deceased, and

(d) such acts as may be necessary for the proper care and management of the assets left by the deceased,

and nothing in Section 279, Section 280 or Section 281 of the Indian Succession Act, 1865 (10 of 1865)95, or in any other law for the time being in force with respect to rights of priority of creditors of deceased persons shall be held to affect the validity of any payment so caused to be made.

(1) Nothing contained in the Indian Succession Act, 1865 (10 of 1865)96 or the Indian Companies Act, 1882 (6 of 1882)97, shall be taken to supersede or affect the rights, duties and privileges of any Administrator General.

(2) Nothing contained in the Indian Succession Act, 1865 (10 of 1865)98, or in this Act, shall be deemed to affect, or to have affected, any law for the time being in force relating to the moveable property under two hundred rupees in value of persons dying intestate within any of the Presidency-towns 99[* * *] which shall be or has been taken charge of by the police for the purpose of safe custody.

Any order made under this Act by any Court shall have the same effect as a decree.

Notwithstanding anything in this Act, or in any other law for the time being in force, the Central Government may, by general or special order, direct that, where a subject of a foreign State dies in 100[the territories to which this Act extends] and it appears that there is no one in 101[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 of any Consular 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 by notification in the Official Gazette think fit to impose.

[Repealed by the A.O. 1937.]

Nothing in this Act shall be deemed to affect the provisions of the Indian Registration Act, 1908 (16 of 1908).

102[59-A. Saving. 103[(1)] The amendments of this Act which come into force on 104[the 26th day of January, 1950] shall not affect the jurisdiction of any Court with respect to any proceedings then pending before it and shall not be construed as transferring the administration of any property or estate then in the hands of any Administrator General to any other Administrator General.]

105[* * *]

106[59-B. Special provision regarding certain Administrators General affected by States, reorganisation. The amendments of this Act which come into force on the 1st November, 1956, shall not affect the jurisdiction of any Court with respect to any proceedings then pending before it and where, on account of the reorganisation of States under the States Reorganisation Act, 1956 (37 of 1956), or the Bihar and West Bengal (Transfer of Territories) Act, 1956 (40 of 1956), the whole or any part of a State is transferred to any other State, such transfer of the territory of the State shall not be construed as automatically transferring any property from any Administrator General to any other Administrator General; but if, by reason of such transfer of territory, it appears to the Central Government that the whole or any part of the property vested in an Administrator General should be vested in another Administrator General, that Government may direct that the property shall be so vested and thereupon it shall vest in that other Administrator General and his successors as fully and effectually for the purposes of this Act, as if it had been originally vested in him under this Act.]

[Repealed by the Repealing Act, 1927 (12 of 1927), Section 2, and Schedule.

Enactments repealed. [Repealed by the Repealing Act, 1927 (12 of 1927), Section 2 and Schedule.]

1. This Act has been amended in the former Province of Bengal by the Administrator General's (Bengal Amendment) Act, 1940 (Ben. 11 of 1940) (with effect from 1-9-1940). It has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941).

2. Substituted by the A.O. 1950 for the former sub-section (2).

3. Substituted by Act 3 of 1951, Section 3 and Schedule, for export Part B States .

4. 1-4-1914, see Gazette of India. Comes into force in all Part B States except Jammu and Kashmir on 4-2-1952, vide S.R.O. 158, dated 25-1-1952, see Gazette of India, 1952, Pt. II, Sec. 3, p. 134.

5. See now the Indian Succession Act, 1925 (39 of 1925), Section 3.

6. Substituted by Act 3 of 1951, Section 3 and Schedule, for the former clause.

7. Added by the Adaptation of Laws (No. 2) Order, 1956.

8. Clauses (7), (9), (10) and (11), defining Official Gazette, the Presidencies of Bengal, Bombay and Madras, Presidency and Revenues of the Govt., respectively, omitted by the A.O. 1937. clause (11) had been added by Act 21 of 1922, Section 5.

9. Clauses (7), (9), (10) and (11), defining Official Gazette, the Presidencies of Bengal, Bombay and Madras, Presidency and Revenues of the Govt., respectively, omitted by the A.O. 1937. clause (11) had been added by Act 21 of 1922, Section 5.

10. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for the former clause.

11. Clause (13) omitted by the Adaptation of Laws (No. 2) Order.

12. Substituted by the A.O. 1937 for the original sub-section.

13. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for the first paragraph.

14. Substituted by the A.O. 1950 for Division which had been substituted by the A.O. 1937 for Presidencies .

15. The words of any of the said Presidencies omitted by the A.O. 1937.

16. Inserted, by the A.O. 1937.

17. Substituted by the A.O. 1948 for Bengal .

18. Sub-section (3) omitted by the A.O. 1937.

19. Substituted by the A.O. 1950 for Division which had been substituted by the A.O. 1937 for Presidency .

20. Substituted by the A.O. 1950 for Division which had been substituted by the A.O. 1937 for Presidency .

21. The words at the Presidency-town omitted by the A.O. 1937.

22. Substituted by the A.O. 1950 for Division which had been substituted by the A.O. 1937 for Presidency .

23. The words at any Presidency-town, omitted by the A.O. 1937.

24. Substituted by the A.O. 1950 for Division which had been substituted by the A.O. 1937 for Presidency .

25. Substituted by the A.O. 1950 for Division which had been substituted by the A.O. 1937 for Presidency .

26. Substituted by the A.O. 1950 for Division which had been substituted by the A.O. 1937 for Presidency .

27. Substituted by the A.O. 1950 for Division which had been substituted by the A.O. 1937 for Presidency .

28. Substituted by Act 32 of 1926, Section 2, for one thousand .

29. Substituted by the A.O. 1950 for Division .

30. Substituted by the A.O. 1950 for Division .

31. The words at the Presidency-town omitted by the A.O. 1937.

32. This section has been amended in the former Province of Bengal by the Administrator General's (Bengal Amendment) Act, 1940 (Ben. 11 of 1940) (w.e.f. 1-9-1940).

33. This sub-section has been amended in the former Province of Bengal by the Administrator General's (Bengal Amendment) Act, 1940 (Ben. 11 of 1940) (w.e.f. 1-9-1940).

34. Added by Act 10 of 1927, Section 2 and Schedule I.

35. Coll. Stats. Ind. Vol. II.

36. Inserted by Act 48 of 1952, Section 3 and Schedule II.

37. Substituted by Act 3 of 1951, Section 3 and Schedule, for the Indian Army Act, 1911 (8 of 1911) or the Indian Air Force Act, 1932 (14 of 1932) which had been inserted by Act 17 of 1948, Section 6.

38. Added by Act 10 of 1927, Section 2 and Schedule I.

39. This section has been amended in the former Province of Bengal by the Administrator General's (Bengal Amendment) Act, 1940 (Ben. 11 of 1940) (w.e.f. 1-9-1940).

40. Coll. Stats. Ind. Vol. II.

41. Inserted by Act 48 of 1952, Section 3 and Schedule II.

42. Substituted by Act 3 of 1951, Section 3 and Schedule, for the Indian Army Act, 1911 (8 of 1911) or the Indian Air Force Act, 1932 (14 of 1932) which had been inserted by Act 17 of 1948, Section 6.

43. Added by Act 10 of 1927, Section 2 and Schedule I.

44. Substituted by Act 48 of 1952, Section 3 and Schedule II, for the former section.

45. Substituted by the A.O. 1950 for Division which had been substituted by the A.O. 1937 for Presidency .

46. Substituted by the A.O. 1937 for the original section.

47. The words at any Presidency-town omitted by the A.O. 1937.

48. Substituted by the A.O. 1950 for Division which had been substituted by the A.O. 1937 for Presidency .

49. Substituted by the A.O. 1950 for Division which had been substituted by the A.O. 1937 for Presidency .

50. Substituted by the A.O. 1950 for Division which had been substituted by the A.O. 1937 for Presidencies .

51. Inserted by the A.O. 1937.

52. Burma was separated from India on 1-4-1937.

53. Substituted by the A.O. 1950 for Division which had been substituted by the A.O. 1937 for Presidency .

54. The words at the Presidency-town omitted by the A.O. 1937.

55. Substituted by the A.O. 1950 for Division which had been substituted by the A.O. 1937 for Presidency .

56. Substituted by the A.O. 1950 for Division which had been substituted by the A.O. 1937 for Presidency .

57. Substituted by the A.O. 1950 for Division which had been substituted by the A.O. 1937 for Presidency .

58. See now the Provident Funds Act, 1925 (19 of 1925).

59. Substituted by Act 32 of 1926, Section 2, for one thousand .

60. Substituted by the A.O. 1950 for Division which had been substituted by the A.O. 1937 for Presidency .

61. Substituted by Act 32 of 1926, Section 2, for one thousand .

62. See now the Provident Funds Act, 1925 (19 of 1925).

63. This section has been amended in the former Province of Bengal by the Administrator General's (Bengal Amendment) Act, 1940 (Ben. 11 of 1940).

64. Substituted by the A.O. 1950 for Division which had been substituted by Act 32 of 1940, Section 3 and Schedule II, for Presidency .

65. For Section 36-A, inserted for the former Province of Bengal, see the Administrator General's (Bengal Amendment) Act, 1940 (Ben. 11 of 1940) (w.e.f. 1.9.1940).

66. Substituted by Act 32 of 1926, Section 2, for one thousand .

67. Substituted by Act 3 of 1951, Section 3 and Schedule, for a Part A State or a Part C State which had been substituted by the A.O. 1950 for the Provinces .

68. Substituted by the A.O. 1950 for Division which had been substituted by the A.O. 1937 for Presidency .

69. Substituted by the A.O. 1950 for Division which had been substituted by the A.O. 1937 for Presidency .

70. Substituted by Act 3 of 1951, Section 3 and Schedule, for India or in a Part B State which had been substituted by the A.O. 1950 for the Provinces .

71. The words of India omitted by Act 21 of 1922, Section 6.

72. Inserted by Act 21 of 1922, Section 6.

73. The word or inserted by Act 21 of 1922, Section 6, and the words of the G. of I. omitted by the A.O. 1937.

74. The word or inserted by Act 21 of 1922, Section 6, and the words of the G. of I. omitted by the A.O. 1937.

75. Inserted by Act 21 of 1922, Section 6.

76. The word or inserted by Act 21 of 1922, Section 6, and the words of the G. of I. omitted by the A.O. 1937.

77. The word or inserted by Act 21 of 1922, Section 6, and the words of the G. of I. omitted by the A.O. 1937.

78. This sub-section has been amended in its application to the former Province of Bengal by the Administrator General's (Bengal Amendment) Act, 1940 (Ben. 11 of 1940) (w.e.f. 1-9-1940).

79. Repealed by Act 3 of 1913.

80. Collection of Statutes Ind., Vol. II.

81. The words of India omitted by Act 21 of 1922, Section 7.

82. The words of India omitted by Act 21 of 1922, Section 7.

83. This clause has been substituted by clauses (a) and (aa), in its application in the former Province of Bengal, by the Administrator General's (Bengal Amendment) Act, 1940 (Ben. 11 of 1940) (w.e.f. 1-9-1940).

84. The words at the Presidency-town omitted by the A.O. 1937.

85. For such rules for the former Province of Bengal, see Gen. R. and O., Vol. IV, p. 406.

86. Clause (ff), inserted by Act 10 of 1914, Section 2 and Schedule I, repealed by Act 5 of 1917, Section 6 and Schedule.

87. The words of India omitted by Act 21 of 1922, Section 7.

88. The words of India omitted by Act 21 of 1922, Section 7.

89. The words of India omitted by Act 21 of 1922, Section 7.

90. The words at the Presidency-town omitted by the A.O. 1937.

91. Substituted by the A.O. 1937 for Secretary of State for India in Council .

92. The proviso, added by the A.O. 1937, omitted by the A.O. 1948.

93. Substituted by the A.O. 1950 for Division which had been substituted by the A.O. 1937 for Presidency .

94. See now the Indian Succession Act, 1925 (39 of 1925), Section 269.

95. See now the Indian Succession Act, 1925 (39 of 1925).

96. See now the Indian Succession Act, 1925 (39 of 1925).

97. See now the Companies Act, 1956 (1 of 1956).

98. See now the Indian Succession Act, 1925 (39 of 1925).

99. The words or in the town of Rangoon omitted by the A.O. 1937.

100. Substituted by Act 3 of 1951, Section 3 and Schedule, for the territories comprised within Part A States and Part C States which had been substituted by the A.O. 1950 for the Provinces .

101. Substituted by the A.O. 1950 for the Provinces .

102. Inserted by the A.O. 1937.

103. S. 59-A renumbered as sub-section (1) of that section by the A.O. 1950.

104. Substituted by the A.O. 1950 for the commencement of Part III of the Government of India Act, 1935 .

105. Sub-section (2), added by the A.O. 1950, omitted by Act 3 of 1951, Section 3 and Schedule

106. Inserted by the Adaptation of Laws (No. 2) Order, 1956.