PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLICCentral

Section 93 of The Code of Civil Procedure, 1908

Exercise of powers of Advocate-General outside presidency-towns.

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.

Summary

It extends the powers of the Advocate-General to areas outside of presidency-towns.
The State Government can authorize the Collector or another officer to use these powers.
The authorized officer can perform duties related to public nuisances and charities.
Previous sanction, or permission, from the State Government is a mandatory requirement.

Practical examples

1In a rural district of Uttar Pradesh, a public park is being encroached upon. Since the Advocate-General is far away, the State Government authorizes the local District Collector to initiate a suit as per Section 93.

2A small town in Maharashtra has a religious trust dispute. The State Government issues a sanction allowing a specific local officer to exercise the powers granted by Section 92 of the 1908 Code.

FAQ

1. Can a Collector exercise Advocate-General powers under Section 93 of The Code of Civil Procedure, 1908?

Yes, Section 93 of the 1908 Code allows a Collector to exercise these powers outside presidency-towns with State Government sanction.

2. Is government permission needed for an officer to act under Section 93 of the Civil Procedure Code?

Yes, Section 93 of The Code of Civil Procedure, 1908 requires the previous sanction of the State Government.

3. Does Section 93 apply inside presidency-towns?

No, Section 93 of The Code of Civil Procedure, 1908 specifically addresses the exercise of powers outside presidency-towns.

Test yourself

1.Under Section 93 of The Code of Civil Procedure, 1908, who grants the authority for a Collector to act in place of the Advocate-General?

2.Which sections of The Code of Civil Procedure, 1908 define the powers that can be exercised by an officer under Section 93?

3.Where can the powers under Section 93 of The Code of Civil Procedure, 1908 NOT be exercised by a Collector?

4.What condition must be met for an officer to exercise Advocate-General powers under Section 93 of The Code of Civil Procedure, 1908?

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