Please re-read point no. 02 of my earlier post (above)
1. The word "person" defined in IPC, is very much applicable to the entire spectrum of other Acts, unless and until specified so, in that particular law / act. Under IPC, if a company is found guilty, then the co. as a fiction person cannot be imprisoned. BUT THE CRIMINAL LIABIILITY REMAINS INTACT. And this criminal liability is to fastened on the person who was delegated representative powers, by the BOD of the co.,
2. The POA can be delegated only to the companies name (eg. abc pvt. ltd.) . Under the companies act, the BOD appoints a person (director, manager ....) to execute the POA on behalf of the company (or say act on behalf of the co.). The co. may change (as required) the representative via a BOD resolution, yet leaving the provisions of the POA Act intact or without making a new POA.
Here the component of "re-delegating powers" is not applicable, since the principal POA holder (company) remains the same and is a "legal entity / person".
3. IF a POA is delegated as follows " abc pvt.ltd represented by Mr. xyz ", THEN it will mean
a) surpassing the powers of the BOD & now BOD cannot change the representative, ever.
b) On resignation or death of Mr. xyz, the POA lapses by default & becomes infructuous (null & void) for the co.
c) It will mean POA is given to Mr. xyz and not to company "abc pvt ltd)
d) Under the Co. Act, any individual "person" has no legal standing.
e) The authority / power given under the POA is fixed and given to a specific person. It cannot be changed or redelegated or sub-delegated, hence if specific representative person is named in POA, then it cannot be changed.
4. A representative of the co. has no powers to act on behalf of the company, "unless & until" a specific resolution is passed by the co. BOD. Hence there is no question of an individual / third party making an POA in name of co. representative in absence of BOD resolution / approval.
Keep Smiling .... Hemant Agarwal