Bihar land dispute resolution act 2009
surjit singh
(Querist) 23 March 2014
This query is : Resolved
What is the meaning of "Agent" under the Bihar land disputes resolution act. The word 'Agent' has not been defined in the act, but it has simply said that all word which has not been defined will be read as defined in the Bihar Tenancy Act, Bihar Land Consolidation Act, Bihar Govt. estate Act etc. All these act has also not defined the word "Agent".
It has been further said that if the applicant files the case through Agent document authorising the agent to file be enclosed with the petition.
My question is as per Code of Civil Procedure there is no word as simply "agent", but there is a word "recognised agent" in that case the agent should hold power of attorney.
Whether the agent as mentioned in the Bihar land dispute resolution act should also be having the duly executed power of attorney, while approaching the court, when the provision is silent on this matter.
M V Gupta
(Expert) 24 March 2014
Even the General Clauses Act does not contain definition of the word Agent. Hence u have to go by the natural meaning of the word. Agent means a person who is authorized by a person to act for and on behalf of him either generally or in specified matters. Your assumption that POA will have to be given to file or defend any legal proceedings is correct.
surjit singh
(Querist) 26 March 2014
Thanks, Mr Gupta, when the act under which the matter is filed does not defines the term 'Agent', and simply says Agent, whether we can borrow the meaning from the CPC. The matter is before the Divisional Commissioner which is a quashi-judicial proceeding. Please serve your opinion.
M V Gupta
(Expert) 26 March 2014
Yes. You can. Get a POA and go ahead. Collector will not raise any objection.Pl note the POA should be notaraised.
