Exercise of powers of Advocate-General outside presidency-towns
Full Text
The powers conferred by sections 91 and 92 on the Advocate-General may, outside the presidency-towns, be, with the previous sanction of the State Government, exercised also by the Collector or by such officer as the State Government may appoint in this behalf.
Plain English Summary
Section 93 empowers the District Collector or any specially appointed state officer to exercise the powers of the Advocate-General under Sections 91 (public nuisance) and 92 (public charities) outside presidency towns, subject to the previous sanction of the State Government.
Key Legal Elements
- Geographical Scope: Applicable outside the presidency-towns (mufassil / district territories).
- Delegated Authorities: Powers may be exercised by the Collector or any specially appointed state officer.
- Dual Subject Scope: Extends powers under both Section 91 (public nuisances) and Section 92 (public charities).
- Mandatory Prior State Sanction: Previous sanction of the State Government is a condition precedent before the Collector/officer exercises such powers.
Practical Note
Administrative Delegation & Statutory Sanction Requirements: (1) Mandatory State Sanction: In *Abdul Rahman v. Cassum Ebrahim (1911)* and subsequent rulings, courts affirmed that previous sanction of the State Government to the Collector or designated officer is indispensable; an action instituted without prior sanction cannot be cured retrospectively. (2) Presidency Towns vs Districts: Historically, Advocate-Generals were centered at the High Courts in presidency towns (Calcutta, Madras, Bombay). Section 93 decentralizes public interest and public trust litigation to the district level through the Collector. (3) Private Relators Not Barred: The power of the Collector under Section 93 does not displace the independent right of two or more interested private citizens to obtain leave directly from the District Court under Section 91(1)(b) or Section 92(1).
हिंदी पाठ
धारा 91 और 92 द्वारा महाधिवक्ता को प्रदत्त शक्तियां, प्रेसीडेंसी-नगरों के बाहर, राज्य सरकार की पूर्व मंजूरी से, कलक्टर द्वारा अथवा ऐसे अधिकारी द्वारा भी प्रयुक्त की जा सकेंगी जिसे राज्य सरकार इस निमित्त नियुक्त करे।