Summarize the following court judgment. Appeal No. 209 of 1959. Appeal from the judgment and order dated October 5	 1956	 of the Patna High Court in Miscellaneous Appeal No. 367 of 1953. L. K. Jha and R. C. Prasad	 for the Appellant. M. C. Setalvad	 Attorney General for India	 N. De and P. K. Mukherjee	 for the respondents. April 7. The Judgment of the Court was delivered by VENKATARAMA AIYAR	 J. This is an appeal against the Judgment of the High Court of Patna in an appeal under the . The appellant is the State of Bihar	 and the respondents are a company registered under the Indian Companies Act	 doing business as building contractors. They entered into three contracts for the construction of aerodrome	 hangarettes	 buildings	 stores and other works at Ranchi	 the first of them being contract No. 21 of 1942 dated November 5	 1942	 and the other two being contracts Nos. 6 and 8 dated April 5	 1943. After the above works were completed	 disputes arose between the parties over the bills and eventually by an agreement dated February 6	 1948	 they were referred to the arbitration of one Col. A. W. section Smith. The arbitrator made his award on June 4	 1948	 and sent a copy thereof to the parties. The respondents thereupon filed a petition under sections 17 and 20 of the Indian 	 for a decree in terms of the award. The appellant filed objections thereto	 and the petition was then registered as Title Suit No. 53 of 1951. While this suit was pending	 the arbitrator who had meantime left for Hong Kong sent to the court of the Additional Subordinate Judge of 829 Ranchi before whom the suit was pending a copy of the award duly signed by him	 for being filed as provided in the Act. Notices were issued by the court under section 14(2) of the Act	 and	 in answer thereto	 the appellant filed an application to set aside the award on various grounds. To this	 the respondents filed their reply statement. In view of this application	 the respondents did not press their petition tinder sections 17 and 20 of the 	 which was in consequence dismissed	 and the proceedings which commenced with the receipt of the award from the arbitrator were continued as Title Suit No. 53 of 1951. After an elaborate trial the Additional Subordinate Judge	 Ranchi	 passed a decree in terms of the award except as to a part which he held to be in excess of the claim. The appellant took the matter in appeal to the High Court of Patna which confirmed the decree of the Subordinate Judge but granted a certifi cate under articles 132 and 133(1) of the Constitution	 and hence this appeal. Though the controversy between the parties ranged in the courts below over a wide area		 before us	 it was restricted to two questions whether there was a valid agreement of reference to arbitration binding on the Government and whether a decree could be passed on the unstamped copy of the award filed in the court. On the first question	 the appellant contends that the agreement for reference to arbitration does not comply with the requirements of section 175(3) of the Government of India Act	 1935	 which was the Constitutional provision in force at the relevant date	 and it is therefore void	 that the award passed in proceedings founded thereon is a nullity and that no decree should be passed in terms thereof. Section 175(3) is as follows: "Subject to the provisions of this Act. with	 respect to the Federal Railway authority	 all contracts made in the exercise of the executive authority of the Federation or of a province shall be expressed to be made by the Governor General	 or by the Governor of the Province	 as the case may be	 and all such contracts and all assurances of property 830 made in the exercise of that authority shall be executed on behalf of the Governor General or Governor by such persons and in such manner as he may direct or authorise. " Under this section	 a contract entered into by the Governor of a Province must satisfy three conditions. It must be expressed to be made by the Governor; it must be executed; and the execution should be by such persons and in such manner as the Governor might direct or authorise. We have now to examine whether the agreement to refer to arbitration dated February 6	 1948	 satisfies the above conditions. It expressed to be made between the Governor of Bihar and the respondents. It is also a formal document executed by one Y. K. Lall	 Executive	 Engineer	 Ranchi Division	 and by the respondents. So the only point that remains for consideration is whether the Executive Engineer was a person who was directed or authorised by the Governor to execute the agreement in question. The appellant contends that he as not	 and relies in support of his contention on a notification dated April 1	 1937	 issued by the Government of Bihar. That notification	 in so far as it is material	 is as follows: "In exercise of the powers conferred by sub section (3) of section 175 of the Government of India Act	 1935	 the Governor of Bihar is pleased	 in supersession of all existing orders	 to direct that the undermentioned classes of deeds	 contracts and other instrument may be executed on his behalf as follows: A.In the case of the Public Works Department (subject to any limit fixed by. Departmental orders) 2. All instruments relating to the execution of works of all kinds connected with buildings	 bridges	 roads	 canals	 tanks	 reservoirs	 docks and harbours and embankments	 and also instrumets relating By Secretaries to Government	 Chief Engineers	 Superin tending Engineers	 Divisional Officers	 Sub divisional Offi cers	 Assistant or Assistant Executive 831 to the construction of water Engineers	 and the works	 sewage works	 the n Electric Inspector. erection of machinery	 and the working of coal mines. . . . . . . . . 12. All deeds and in By Secretaries and struments relating to any ' Joint Secretaries to matters other than those Government". specified in heads 1 to 11. There was a discussion in the courts below as to whether the present agreement fell within item 2 or item 12. If the agreement could be held to be an instrument relating to the execution of works	 it would fall within item 2	 and the Executive Engineer would be a person authorised under this notification to enter into this contract	 but if it does not fall within that item	 it must fall within entry 12	 in which case he would not be competent to execute the agreement. Both the courts below have held that the agreement to refer to arbitration was not one relating to execution of works as that had been completed and the dispute related only to payment of the bills	 and that further the essential feature of an arbitration agreement was the constitution of a private Tribunal and it could not therefore be brought within item 2 and that accordingly it fell within item 12. But the learned Judges of the High Court were also of the opinion that Y. K Lall	 the Executive Engineer had in fact been specifically authorised to execute the arbitration agreement	 and that that was sufficient for the purpose of section 175(3). The appellant impugns the correctness of this conclusion and contends that it is not warranted by the record. It becomes	 therefore	 necessary to refer in some detail to the correspondence bearing on this point. On July 26	 1947	 Mr. Murrel	 Secretary to the Government	 wrote to Col. Smith as follows: "I am directed to say that the Government of Bihar propose to appoint you as Arbitrator for the settlement of a claim put forth by Messrs. Karam Chand Thapar and Brothers Limited in connection with the construction of the Hinoo Aerodrome at Ranchi Job 108 If You agree to undertake the 832 work. . the necessary forms of acceptance of appointment of Arbitrator etc. may please be for warded to this Department for completion by the Government of Bihar and	 by the Contractor. " To this	 Col. Smith sent a reply agreeing to act as arbitrator. In that letter he also suggested that the contract between the parties might be suitably amended so as to permit arbitration. This is significant	 because under cl. 23 of the contract	 all disputes between the parties had to be referred to the Superintending Engineer whose decision was to be final	 and if that had been amended as suggested	 the arbitration clause would have become part of the original contract and there would have been no occasion for the present contention. Referring to the above suggestion for amending the agreement	 the Secretary	 Mr. Murrel	 wrote on September 5	 1947	 to Col. Smith that the opinion of the Legal Remembrancer would have to be got. On January 19	 1948	 Col. Smith wrote to the Secretary that he was ready to take up his duties as arbitrator and again desired that the contract should be amended so as to provide for arbitration. On January 27	 1948	 the Secretary to the Government informed Col. Smith that opinion had been received from the Legal Remembrancer that an agreement for arbitration should be executed in accordance with the provisions of the and that a "draft agreement (copy enclosed) has been drawn up accordingly and steps are being taken to execute it	 as quickly as possible" On the same date	 the Executive Engineer wrote to the respondents as follows: "It has since been decided by Government to determine your claims in connection with the above through arbitration conducted in accordance with the provisions of the 1 of 1940. You are therefore requested to please attend the Divisional Office immediately to execute necessary agreement for the purpose." Pursuant to this letter	 the respondents joined in the execution of the agreement dated February 6	 1948	 along with the Executive Engineer for referring the 833 dispute to arbitration. On February 25	 1948 the Secretary informed the arbitrator that the draft agreement had been slightly modified in consultation with the Government Pleader	 and he also wrote to the Executive Engineer that certain formal corrections should be made in the agreement and signed by both the parties. And that was done. Having carefully gone through the correspondence	 we agree with the learned Judges of the High Court that the Executive Engineer had been authorised by the Governor acting through his Secretary to execute the agreement for reference to arbitration. It will be seen that it was the Secretary who from the very inception took the leading part in arranging for arbitration. He was throughout speaking in the name of and on behalf of the Government and he did so "as directed". The subject matter of the arbitration was a claim which concerned the Government. The proposal at the earlier stages to amend cl. 23 of the original contract so as to include an arbitration shows that the intention of the parties was to treat the agreement for arbitration as part and parcel of that contract. Even after the agreement was executed	 the Secretary made corrections and modifications in the agreement on the basis that it was the Government that was a party thereto. The conclusion from all this is	 in our judgment	 irresistible that Y. K. Lall	 the Executive Engineer had been authorised to execute the agreement dated February 6	 1948. It was suggested that the Secretary was possibly labouring under a mistaken notion that the agreement to refer to arbitration was covered by item 2 and acting under that misconception he directed Y. K. Lall to execute the agreement. Even if that were so	 that would not make any difference in the position	 because the Secretary undoubtedly did intend that Y. K. Lall should execute the agreement and that is all that is required under section 175(3). It was further argued for the appellant that there being a Government notification of a formal character	 834 we should not travel outside it and find authority in a person who is not authorised thereunder. But section 175(3) does not prescribe any particular mode in which authority must be conferred. Normally	 no doubt	 such conferment will be by notification in the Official Gazette	 but there is nothing in the section itself to preclude authorisation being conferred ad hoc on any person	 and when that is established the requirements of the section must be held to be satisfied. In the result	 we hold that the agreement dated February 6	 1948	 was executed by a person who was authorised to do so by the Governor	 and in consequence there was a valid reference to arbitration. It is next contended that as the copy of the award in court was unstamped	 no decree could have been passed thereon. The facts are that the arbitrator 	sent to each of the parties a copy of the award signed by him and a third copy also signed by him was sent to the court. The copy of the award which was sent to the Government would appear to have been insufficiently stamped. If that had been produced in court	 it could have been validated on payment of the deficiency and penalty under section 35 of the Indian Stamp Act	 1899. But the Government has failed to produce the same. The copy of the award which was sent to the respondents is said to have been seized by the police along with other papers and is not now available. When the third copy was received in court	 tile respondents paid the requisite stamp duty under section 35 of the Stamp Act and had it validated. Now the contention of the appellant is that the instrument actually before the court	 is	 what it purports to be	 "a certified copy"	 and that under section 35 of the Stamp Act there can be validation only of the original	 when it is unstamped or insufficiently stamped	 that the document in court which is a copy cannot be validated and "acted upon" and that in consequence no decree could be passed thereon. The law is no doubt well settled that the copy of an instrument cannot be validated: That was held in The Rajah of	 Bobbili vs Inuganti China Sitaramasani Garu (1)	 where it was observed: 835 "The provisions of this section (section 35) which allow a document to be admitted in evidence on payment of penalty	 have no application when the original document	 which was unstamped or was insufficiently stamped	 has not been produced and	 accordingly	 secondary evidence of its contents cannot be given. To hold otherwise would be to add to the Act a provision which it does not contain. Payment of penalty will not render secondary evidence admissible	 for under the stamp law penalty is leviable only on an unstamped or insufficiently stamped document actually produced in Court and that law does not provide for the levy of any penalty on lost documents"	 Therefore the question is whether the award which was sent by the arbitrator to the court is the original instrument or a copy thereof. There cannot	 in our opinion	 be any doubt that it is the original and not a copy of the award. What the arbitrator did was to prepare the award in triplicate	 sign all of them and send one each to the party and the third to the court. This would be an original instrument	 and the words	 "certified copy" appearing thereon are a mis description and cannot have the effect of altering the true character of the instrument. There is no substance in this contention of the appellant either. In the result	 the appeal fails and is dismissed with costs. Appeal dismissed.

A dispute between the respondent company and the Government of Bihar over the bills for the amount payable to tile company in respect of the construction works carried out by it for the Government was referred to arbitration. The agreement to refer to arbitration was executed on behalf of the Governor by L	 an executive engineer	 who had been specifically authorised to do so by a Secretary to the Government. The arbitrator made his award and sent copies thereof to the parties. The respondent applied to the Court under the provisions of the 	 for a decree in terms of the award. The State filed objections thereto and the matter was registered as a suit. While the suit was pending the arbitrator sent to the court a copy of the award duly signed by him for being filed as provided in the Act	 and on the receipt thereof the respondent bad it validated on payment of the requisite stamp duty under section 35 of the Indian Stamp Act	 1899. The appellant	 the State of Bihar	 contended that no decree could be passed on the basis of the award on the grounds (1) that the agreement for reference to arbitration did not comply with the requirements of section 175(3) of the Government of India Act	 1935	 inasmuch as it was not signed by the person authorised to do so under the notification issued by the Government of Bihar on April 1	 1937	 in exercise of the powers conferred by section 175(3)	 and (2) that the instrument before the court was a certified copy and that under section 35 of the Indian Stamp Act	 1899	 a copy Could not be validated or acted upon. Held	 that section 175(3) of the Government of India Act	 1935	 does not prescribe any particular mode in which authority must be conferred and that where authorisation is conferred ad hoc on any person	 the requirements of the section must be held to be satisfied. 828 Held	 further	 that the award sent by the arbitrator to the court was the original and not a copy of the award and by applying the provisions of section 35 of the Indian Stamp Act	 1899	 it was effectively validated. The Rajah of Bobbili vs Inuganti China Sitaramasami Garu (1899) L.R. 26 I.A. 262	 referred to.