DETAILED GENERAL POWER OF ATTORNEY TO
ALL TO WHOM THESE PRESENTS SHALL COME, [CD1]
I,
....................... son of .............................. resident of
................... at present residing at ................ SEND
GREETINGS:
WHEREAS
I own various movable and immovable properties in various parts of India
described in the Schedule I hereto and I have interest in various firms,
companies, association of persons, trusts, societies as partner, proprietor,
shareholder, member, trustee, beneficiary, etc. and/or otherwise, described in
the Schedule II hereto.
AND
WHEREAS I am presently residing out of India as mentioned hereinabove for the
time being, I am personally unable to attend to my day to day affairs and for
reasons of convenience it is necessary that I should appoint an attorney and
confer upon him the powers hereinafter stated.
NOW
KNOW YE BY THESE PRESENTS that I the said ................. do hereby nominate
and constitute and appoint Shri .......................... son of late
....................... at present residing at ...................... as my
true and lawful Attorney for me in the name and on behalf of myself and/or my
said Attorney and in any of my said capacities and in the name and on behalf of
any partnership firm, association of persons, trustee, beneficiary or
businesses in which 1 am now or may in future in any manner become interested
to do exercise, execute and perform all or any of the following acts, deeds and
things, namely:-
1.1 To
transact business:-To commence, transact, manage, carry on, close down any of
my business and to do all things requisite or necessary or connected therewith
including correspondence with any person or authority.
1.2 To
buy and sell:-To buy, receive, store and hold and to sell, pledge, hypothecate,
give on hire or otherwise deal with any goods, articles, things or movable
property.
1.3 To
open branches:-To open, establish, conduct, shift and/or close any branch of
any business at any place or places.
1.4 To
contract:-To enter into, sign, execute, vary, alter, terminate, suspend, and
repudiate any contracts.
1.5 Partnership
business:-To act as a partner in the firm or firms in which I am a partner at
present or become a partner in future and commence, carry on, close, dissolve
or retire from any business of any partnership with any person and for the said
purpose to do all acts as partner or partners therein including banking
operations, execution of partnership, retirement, dissolution or other deeds
and documents.
2.1 To
acquire and to transfer:-To purchase, take on lease, to take charge or mortgage
on and to acquire in any manner and to sell, mortgage, settle, charge, lease,
grant tenancy or otherwise transfer and/or in any manner and/or on any terms
deal with any immovable or real property or properties or any interest
therein.
2.2 To
manage and maintain:-To hold, defend possession, manage and maintain movable,
or immovable properties described in Schedule 1 herein and other immovable
properties acquired by me hereafter.
2.3 To
receive rents, etc.:-To demand, recover and receive rents, mesne profits,
licence fees, maintenance charges, electricity charges, corporation taxes and
all other sums of moneys receivable in respect of my properties and to make all
just and reasonable allowance therein in respect of rates, taxes, repairs and
other outgoings and to take all necessary steps whether by action, distress or
otherwise to recover any property or sums of money in arrear.
2.4 To
pay outgoings:-To pay all taxes, rates, assessments, charges, expenses and
other outgoings whatsoever payable for or on account of my properties or any
part thereof and to insure any buildings thereon against loss or damage by fire
and other risks as be deemed necessary and/or desirable and to pay all premia
for such insurances.
2.5 To
serve notice on tenants:-To sign and give any notice to any occupier of any
property belonging to me to quit or to repair or to abate any nuisance or to
remedy any breach of covenant or for any other purpose whatsoever.
2.6 To
construct, repair and/or reconstruct:-To take down, demolish, rebuild and/or
repair any of my house, building or other structure of whatever nature.
2.7 To
get utilities:-To apply for and obtain electricity, gas, water, sewerage and/or
connections of any utilities and/or to make alterations and/or close down
and/or have disconnected the same in my properties.
2.8 To
view the condition of any property:-To enter upon any of my property or any
part of it as often as be desired to view the state of repair thereof and to
require any occupier as a result of such view to remedy any want of repair or
abate any nuisance.
2.9 To
enforce covenants:-To enforce any covenant in any lease, licence or tenancy
agreement or any other document affecting any of my property and if any right
to re-enter arises in any manner under such covenants or under notice to quit,
then to exercise such rights amongst others.
2.10 To
deal with trespassers:-To warn off and prohibit and if necessary proceed
against in due form of law against all trespassers on any of my property and to
take appropriate steps whether by action or otherwise and to abate all nuisances.
2.11 To
prepare and have sanctioned the plans:-To get prepared plans for construction
of any building or structure and/or otherwise on any of my property and to have
the same sanctioned, modified and/or altered by any Corporation, Municipality
or other authority and in connection therewith or to make necessary
applications, give undertakings, pay fees, obtain sanctions and such other
orders and permissions as may be expedient.
2.12 To
apply for obtaining building materials:-To apply for and obtain such permission
as may be necessary for obtaining steel, cement, bricks and other construction
materials and construction equipments and to appoint architects and contractors
for the construction of building or buildings to be constructed on the plots
belonging to me.
2.13 To
act in proceedings under rent control legislation:-To appear and represent in
any proceedings for fixation of fair rent and/or for any other purpose or
purposes before any court, Rent Controller or other authority in connection
with any matter relating to and/or arising out of any of my property.
2.14 To
obtain any certificate:-To apply for and obtain such certificate and other
permissions and clearances including certificates and/or permission under any
law relating to ceiling on urban land, or other law relating to land and/or
buildings both urban and rural or under the Income-tax Act or any other law as
may be required for execution and/or registration of any conveyance or other
document and/or for transferring any rights in any land, building or other
property belonging to me or acquired by me hereafter.
2.15 To
file declarations:-To prepare, sign, declare and file declarations, statements,
applications and/or returns and otherwise in connection with holding,
possessing, acquiring, transferring, partitioning or otherwise dealing with any
of my property before any appropriate or other authority as may be required
under any law or laws now prevailing or as may in future become applicable and
to do, exercise, execute and perform any or all the necessary acts, deeds and
things required there under.
3.1 To
promote company:-To promote or form or cause to be promoted or formed or join
with any other person in promoting or forming and to do all things necessary or
proper to be done or causing to be formed and incorporated a company with
limited or unlimited liability for any object and to settle and sign the
memorandum and articles of association, prospectus, application forms,
statement in lieu of prospectus and all other papers required for or in
connection with incorporation, commencement of business of such company and
other acts, relating thereto.
3.2 To
spend money in promoting a company:-To expend or agree to expend moneys for
promoting and forming any such company as aforesaid and in taking up and paying
for any shares in my name in any such company as aforesaid.
3.3 To
contract to take shares:-To sign and file with the Registrar of Companies or
any other appropriate authorities contract in writing to take from and/or pay
for any share or shares in any such company as aforesaid in my name.
3.4 To apply
for, accept and deal with shares:-To make application or applications for and
take allotment or allotments or purchase or otherwise acquire or hold any share
or shares in any company in my name and to sell, transfer, pledge, hypothecate
and/or deal with any share or shares held by me or acquired by me hereafter and
to execute and/or deliver all deeds and documents including transfer deeds in
connection therewith and/or for registration of any transfer and/or
transmission.
3.5 To
consent to act as a director:-To sign and file with the Registrar of Companies
or any other appropriate authority in my name, consent in writing to act as a
director of any company as aforesaid.
3.6 To
exercise shareholder's privileges:-To attend, vote at and otherwise act in the
meetings of any company or companies or to appoint or act as proxy or
representative in respect of any shares, stock or debentures now held by me or
which may hereafter be acquired by me and generally to exercise all rights and
privileges and perform all duties in respect of any shares, stocks or
debentures as the holder, owner and/or registered owner thereof or as otherwise
being interested in any company including carrying on correspondence and making
or consent in the making of any applications in connection therewith before the
Centra4 Government, court or other authority under the Companies Act or any
other law for the time being in force.
3.7 To
transfer securities:-To transfer any share, stock, debenture or other
securities held by me or to be acquired by me hereafter in any company and to
execute transfer deeds, receipts and ail other papers in connection therewith
and also to transmit and/or apply for and/or to consent to the transmission of
any share, stock, debenture and/or other securities and/or have the same
registered and/or to have such registration altered and/or cancelled in any
manner.
3.8 General:-To
do such acts and deeds and to execute such papers and documents as may be
necessary in any capacity as shareholder, debtor, creditor or otherwise in
relation to any company which may be required to be done by me.
3.9 To
receive bonus shares and other benefits:-To receive and to hold and to deal
with bonus shares and all other benefits that may accrue as a shareholder or
otherwise in relation to any company.
4.1 To
sell investments:-To acquire or sell, transfer, assign or join in acquiring or
selling, transferring or assigning ail or any stocks, shares, annuities,
debentures, stocks, bonds, obligations, government securities, units and other
securities or investments of any nature whatever which do now or shall
hereafter stand in my name or to which I am now or may at any time hereafter be
entitled to and for that purpose to employ and pay brokers and other agents in
that behalf and to receive and give receipts for the purchase money payable in
respect of such sales and to transfer any investments so sold to the purchaser
or purchasers thereof or as he or they direct and for these purposes to sign
and execute all such contracts, transfer deeds and other writings and do all
such other acts as may be necessary for effectually transferring or assigning
the same.
4.2 Allotment
of shares in companies:-To apply for and accept allotments of shares in my name
in any company, corporation or body corporate or any statutory body.
4.3 To
receive dividends and repaid capital sums:-To demand, sue for and receive from
any company, corporation, government or other body politic or person all
deposits, dividends, interest, bonuses or any other sums that may become due in
respect of any investment and likewise any capital sum represented by or
comprised in any investment held by me as and when the same shall be payable or
repayable and for any such purpose to sign, indorse and execute all receipts,
dividends and interest warrants, cheques, releases, discharges, re conveyances
or other deeds, documents, instruments and other writings whatsoever that may
be required or necessary for the purpose.
4.4 Investment
in and dealing with provident funds:- To operate, open, withdraw and deal with
funds in the Public Provident Fund Account or any other provident fund accounts
whatsoever in my name.
4.5 Investments
in company deposits, shares, etc.:- To invest my monies in company deposits,
shares, stocks, debentures, bonds, units or other corporate securities or
securities of local authorities, any other statutory bodies or corporations,
whether incorporated in India or in any other country, in such manner and upon
such securities as my attorney shall in his absolute discretion think fit and
from time to time withdraw any such moneys and apply the same to any purpose as
he may think fit.
4.6 To
initiate proceedings:-To give all notices, commence any legal proceedings or
use any other lawful means that may appear to my attorney desirable or
necessary in order to safeguard or enforce my rights in or in connection with
any of the investments with full power to prosecute or discontinue any such
proceeding and to compromise or submit to arbitration any matter in dispute or
doubt.
4.7 To
pay all calls:-To pay all calls that may be lawfully made or other expenses
that may be incurred in relation to any of my investments and to give security
for the payment of the same.
4.8 To
assent to arrangements:-To assent (if it seems to my attorney necessary or
desirable) to any arrangement modifying any rights, privileges or duties in
relation to any of my investments and to agree to any scheme or arrangement for
the increase or reduction of the value or amount of the same or of the capital
of any company or corporation and for any such purpose to deposit, surrender or
exchange any of the investments or the documents of title relating thereto and
to pay any contribution or incur any other necessary expense in connection with
any such scheme or arrangement.
4.9 To
apply for and contract for investments:-To tender, contract for, purchase,
accept and sign the transfer into my name any government securities, securities
of local authorities or any statutory body, shares, stocks or debentures in any
such company, corporation or body as aforesaid or other stocks, funds,
debentures and securities of any and every description whatsoever or any other
properties.
5.1 Banking
operation:-To open, operate, continue or close any account including any
overdraft or other loan account and/or saving account, current, fixed or other
accounts and also safe deposit lockers and all accounts whatsoever in my name
and on my behalf with any bank or banks that may be existing or may in future
be opened in my name or in the name of my firm or firms or business or
businesses or in my capacity as trustee or beneficiary of any trust with any
bank or banks including Postal Savings Bank.
5.2 Drawing
and negotiations of cheques:-To draw, sign, negotiate and/or endorse cheques,
payment orders, drafts, dividend warrants and/or any other instruments and to
execute, enter into, acknowledge, do and present all such deeds, instruments,
contracts, agreements, acts, deeds and things as shall be requisite or deemed
fit and proper for or in relation to all or any of the purposes, matters or
things herein contained or others with any bank or banks.
5.3 To
deal with bills of exchange:- For all or any of the banking purposes to draw,
accept, endorse, discount or otherwise deal with any bills of exchange, bills
of lading, mates' receipts, delivery orders, promissory notes or other
mercantile instruments relating to moneys, goods, properties or otherwise.
5.4 To
operate bank locker or safe deposit vault locker:- To operate any bank locker
or safe deposit vault locker and to deposit therein and withdraw therefrom any
articles belonging to me.
6.1 To
realise loans or borrow money:- To realise loans and/or borrow money or moneys
from time to time from any bank, institution, or any person or persons,
organisation whatsoever against the security or properties both movable and
immovable belonging to me or any of my firm or firms of business or businesses
in which I am now or may hereafter become interested and to execute, sign and
register mortgage, charges, transfer and/or give other security or securities
by any other deed or deeds on such terms and conditions as my said attorney or
his substitute or substitutes may think fit and proper.
6.2 Loans
and advances:- To make and/or to receive any loan or advance from any bank,
financial institution or other person to such extent and on such terms as the
said attorney may deem expedient and also to secure the same by pledging,
hypothecating, mortgaging, charging or any other manner encumbering any of my
movable or immovable property.
6.3 Miscellaneous
6.3.1. To
agree to charge or pay any interest or other considerations for any loan and/or
advance and to vary such rates of interests or consideration from lime to
time.
6.3.2. To
remit, reduce or settle any claim of any moneys, losses and/or damages.
6.3.3. To
draw, execute, negotiate, cancel, present for payment and/or make or receive
payment of any promissory note, bill of exchange, bond or undertaking regarding
any money receipt and/or advance.
7.1 To
represent before bank or banks, insurance companies, etc:-To represent me or
any of my firm or firms or business in any of the bank or banks, insurance
companies, courts, registration offices, municipal offices, office of competent
authority, urban land ceiling, post offices, sales tax offices, income-tax
offices, customs offices, revenue offices or any co-operative society, Central
or any other State Government or other authority, society, body corporate or other
person for any purpose or purposes whatsoever and do all acts as may be
expedient before the same or in connection therewith.
7.2 To
prepare, sign and file tax returns:-To prepare, sign, execute and/or file any
of my and/or any of my firm or firms or business or businesses in my personal
capacity or as trustee or beneficiary of any trust, sales tax returns,
income-tax returns, wealth- tax returns, gift tax returns or any other returns
under the Income-tax Act, 1961, Wealth-tax Act, 1957, Gift-tax Act, 1958 and/or
any other law for the time being in force or other returns, statements, papers,
documents in connection with the aforesaid Acts, to sign and/or submit returns,
statements of accounts, balance sheets, declaration forms, to receive refund
orders or vouchers from any of the aforesaid authorities, to apply for and to
sign and submit to necessary authorities and to represent me or any of the firm
or firms or business or businesses, trusts, proprietary concerns in which 1 am
now or may hereafter be interested as proprietor, partner, trustee or
beneficiary with such authority or authorities concerned therewith.
7.3 Appear
before Assessing Officer, etc.:-To appear before any Assessing Officer, Deputy
Commissioner and/or Assistant Commissioner and/or Commissioner and/or Central
Board of Direct Taxes and/or tribunal and/or any other authority or authorities
in connection with any matter or matters and to represent me or my proprietary
concerns, firm or firms, business or businesses, trusts in which 1 am trustee or
beneficiary and to produce, explain accounts, documents and papers as may be
necessary and to pay taxes and other amounts to such authorities and to any
other authority by virtue of these presents and to sign, execute and deliver
all other papers, documents and deeds in connection therewith.
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