Administrators-General (Amendment) Act, 20121
| [Act 33 of 2012] | [19th June, 2012] |
[Repealed by Act 17 of 2015*]
An Act further to amend the Administrators-General Act, 1963
Be it enacted by Parliament in the Sixty-third Year of the Republic of India as follows-
1. Received the assent of the President on June 19, 2012 and published in the Gazette of India, Extra., Part II, Section 1, dated 20th June, 2012, p. 1, No. 35
* Ed.: Act 33 of 2012 repealed by Act 17 of 2015, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2015:
"4. Savings.- The repeal by this Act of any enactment shall not affect any Act in which such enactment has been applied, incorporated or referred to;
and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;
nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed;
nor shall the repeal by this Act of any enactment provide or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force."
Administrators-General (Amendment) Act, 20121
Prefatory Note-Statement of Objects and Reasons.-The Administrators-General Act, 1963 is an Act to consolidate and amend the law relating to the office and duties of Administrator-General. Section 29 of the said Act empowers the Administrator-General to grant certificate to any person, interested in the assets of a deceased person, claiming otherwise than as a creditor and such certificate can be granted only in cases where the assets left by the deceased person (except the assets of certain specified nature) do not exceed in value in the whole the monetary limit specified in that section. Originally, the monetary limit specified in the said Section 29 was only Rs. 5000. On account of considerable decrease in money value and to protect the interests of the poor persons and legal heirs especially widows, minor children and other dependents of the deceased persons from protracted and expensive litigation in civil courts, the monetary limit in the said section was enhanced to Rs. 15,000 in 1972, to Rs. 50,000 in 1983 and to Rs. 2,00,000 in 1999.
2. Certain representations have been received by the Central Government requesting for enhancement of the monetary limit specified in Section 29 of the Administrator-General Act, 1963 from Rs. 2,00,000 due to the escalation in the value of assets and on account of considerable decrease in money value. The Maharashtra State Legislature has amended the aforesaid Act in its application to that State by enhancing the monetary limit from Rs. 2,00,000 to Rs. 10,00,000. Similarly, the Uttar Pradesh State Legislature has also taken steps to amend the Act in its application to that State for enhancing the monetary limit from Rs. 2,00,000 to Rs. 10,00,000.
3. In view of the position stated above and having regard to the decrease in money value and escalation of prices of properties, it is considered necessary to increase the monetary limit of jurisdiction of the Administrator-General from Rs. 2,00,000 as at present, to Rs. 10,00,000 by suitably amending the references to the monetary limit specified in Sections 9, 10, 29 and 36 of the said Act.
4. The Bill seeks to achieve the above objects.
1. Received the assent of the President on June 19, 2012 and published in the Gazette of India, Extra., Part II, Section 1, dated 20th June, 2012, p. 1, No. 35
Administrators-General (Amendment) Act, 20121
1. Short title and commencement.-(1) This Act may be called the Administrators-General (Amendment) Act, 2012.
(2) It shall come into force on such date† as the Central Government may, by notification in the Official Gazette, appoint.
1. Received the assent of the President on June 19, 2012 and published in the Gazette of India, Extra., Part II, Section 1, dated 20th June, 2012, p. 1, No. 35
† Came into force, w.e.f. 1-7-2012 [vide: S.O. 1444(E), dt. 29-7-2012].
Administrators-General (Amendment) Act, 20121
2. Amendment of Sections 9, 10, 29 and 36 of Act 45 of 1963.-In Sections 9, 10, 29 and 36 of the Administrators-General Act, 1963, for the words "two lakhs", wherever they occur, the words "ten lakhs" shall be substituted.
1. Received the assent of the President on June 19, 2012 and published in the Gazette of India, Extra., Part II, Section 1, dated 20th June, 2012, p. 1, No. 35