Section 11 in The Land Records Maintenance Act, 1895
11. Powers-of-attorney.
(1)For the purposes of the last preceding section, the powers-of-attorney here mentioned shall alone be recognized-(a)if the principal at the time of executing the power-of-attorney resides in [a Part A State or a Part C State] [Words 'a Province of India' first substituted for the words 'British India' by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948, then the words and letters within third brackets substituted for the words 'a Province of India' by the Adaptation of Laws Order, 1950.], a power-of-attorney executed before and authenticated by any Magistrate or the Registrar or Sub-Registrar appointed under section 6 of the Indian Registration Act, [1908] [Figures substituted for the figures '1877' by Bengal Act 1 of 1939.], within whose district or subdistrict the principal resides:(b)if the principal at the time aforesaid does not reside in [a Part A State or a Part C State] [Words 'a Province of India' first substituted for the words 'British India' by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948, then the present words and letters substituted for the words 'a Province of India' by the Adaptation of Laws Order, 1950.], a power-of-attorney executed before and authenticated by a notary public, or any Court, Judge, Magistrate, [Indian Consul] [Words 'Indian or British Consul' first substituted for the words 'British Consul' by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948, then the words 'or British' omitted by the Adaptation of Laws Order, 1950.] or Vice-Consul or representative [* * *] [Words 'of Her Majesty or' omitted by the Adaptation of Laws Order, 1950.] of the [Central Government] [Words substituted for the word 'Government of India' by the Government of India (Adaptation of Indian Laws) Order, 1937.]:Provided that the following persons shall not be required to attend at any office or Court for the purpose of executing any such power-of-attorney as is mentioned in clause (a) of this section :persons exempt by law from personal appearance in Court;persons who by reason of bodily infirmity are unable, without risk or serious inconvenience, so to attend; andpersons who are in jail under Civil or Criminal process.(2)In every such case the officer, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the office or Court. To obtain evidence as to the voluntary nature of the execution, the officer may go to the person purporting to be the principal and examine him or issue a commission for his examination. Any power-of-attorney mentioned in this section may be proved by the production of it without further proof, when it purports on the face of it to have been executed before and authenticated by the officer hereinbefore mentioned in that behalf.
