33: Power of attorney recognizable for purposes of section 32

Power of attorney recognizable for purposes of section 32.—(1) For the purposes of section 32, the following powers of attorney shall alone be recognized, namely :— (a) if the principal at the time of executing the power of attorney resides in any part of [Pakistan] in which this Act is for the time being in force, a power of attorney executed before and authenticated by the Registrar or Sub Registrar within whose district or sub district the principal resides; (b) if the principal at the time aforesaid resides in any other part of [Pakistan], a powerof attorney executed before and authenticated by any Magistrate; (c) if the principal at the time aforesaid does not reside in [Pakistan] a power of attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, [Pakistan] Consul or Vice Consul or representative of * * * the [Federal Government]: Provided that the following persons shall not be required to attend at any registration-office or Court for the purpose of executing any such power of attorney as is mentioned in clauses (a) and (b) of this section, namely :— (i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend; (ii) persons who are in jail under civil or criminal process; and (iii) persons exempt by law from personal appearance in Court. (2) In the case of every such person the Registrar or Sub Registrar or Magistrate, as the case may be, 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 aforesaid. (3) To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub Registrar or Magistrate may either himself go to the house of the person purporting to be the principal, or to the jail in which he is confined, and examine him, or issue a commission for his examination. (4) 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 authenti cated by the person or Court hereinbefore mentioned in that behalf.

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