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CPC, 1908 — Section 93: Exercise of powers of Advocate-General outside presidency-towns

CPC, 1908 · Part V · Special Proceedings · The Advocate-General’s local stand-in

Section 93 — Exercise of powers of Advocate-General outside presidency-towns

Sections 91 and 92 hand the public-interest suit — for nuisances and charities — to the Advocate-General. But he sits at the presidency-town High Court. Section 93 supplies a local substitute: outside the presidency-towns, with the State Government’s previous sanction, the Collector (or an appointed officer) may exercise those same powers.

§ 93

How to read Section 93

A local stand-in

The §§ 91–92 powers of the Advocate-General may also be exercised by the Collector — or an officer the State Government appoints.

Two conditions

Only outside the presidency-towns, and only with the State Government’s previous sanction.

Why it exists

The Advocate-General is tied to the presidency-town High Court; § 93 lets a local officer act so public-nuisance / public-charity suits can be brought in the districts (the mofussil).

The bare Act

Section 93 · verbatim

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.

Section 93 stands as in the original 1908 Code — unamended. It closes Part V (Special Proceedings); it works together with § 91 (public nuisances) and § 92 (public charities).

Key terms decoded

Advocate-General

The State’s senior law officer (at the High Court) on whom §§ 91–92 confer the right to bring public-interest suits.

Presidency-towns

The three historic presidency capitals — Bombay, Calcutta and Madras. § 93 operates only outside them.

Collector

The chief revenue / administrative officer of a district — § 93’s local stand-in for the Advocate-General in the districts.

Previous sanction of the State Government

The State Government’s prior permission, which the Collector / officer must have before exercising the power.

Such officer as the State Government may appoint

An alternative to the Collector — any officer the State Government designates for this purpose.

Exercised also

“Also” — the power is added, not transferred: the Advocate-General keeps his powers; § 93 simply enables a local officer too.

The picture — a local hand for a central power

§§ 91–92 powers of the Advocate-General nuisances · charities outside the presidency-towns + PREVIOUS sanction of the State Government may ALSO be exercised by the Collector — or an officer the State Government appoints

A central power given a local hand: in the districts, the Collector (or a designated officer) may stand in for the Advocate-General under §§ 91–92 — but only with the State Government’s prior sanction.

Section 93, part by part

Which powers
The powers conferred by sections 91 and 92 on the Advocate-General
The subject: the powers that §§ 91 and 92 give the Advocate-General — to sue for public nuisances and public charities.
Where
may, outside the presidency-towns,
The geography: this delegation operates only outside the presidency-towns (Bombay, Calcutta, Madras) — in the districts.
On what condition
be, with the previous sanction of the State Government,
The gate: only with the State Government’s previous (prior) sanction — not at the officer’s own initiative.
By whom
exercised also by the Collector or by such officer as the State Government may appoint in this behalf.
The actors: the powers may then be exercised also — in addition to the Advocate-General — by the Collector, or any officer the State Government appoints for the purpose.

Connected provisions

Section 93 closes Part V — Special Proceedings (§§ 89–93). It is the delivery mechanism for § 91 (public nuisances) and § 92 (public charities) in the districts — letting the Collector stand in for the Advocate-General with the State Government’s prior sanction.

Test yourself
1 Can a Collector sue for a public charity under § 92? — Yes — outside the presidency-towns, with the State Government’s previous sanction [§ 93].
2 Does § 93 take the power away from the Advocate-General? — No — “exercised also” — it adds the Collector / officer.
3 What two conditions must be met? — outside the presidency-towns, and previous sanction of the State Government.
Part V · Special Proceedings · Section 93 — Exercise of powers of Advocate-General outside presidency-towns.