Indian Contract Act Section 190 — When agent cannot delegate

CHAPTER X AGENCY — Sub-Agents

Commercial / Corporate

Summary

An agent is not allowed to hire someone else to do the work that the agent has agreed—either clearly or by implication—to do personally. However, this rule has two exceptions: if it is the usual practice in that particular trade to use a sub-agent, or if the nature of the agency makes it necessary to use a sub-agent, then the agent may employ another person.

Official Text

An agent cannot lawfully employ another to perform acts which he has expressly or impliedly undertaken to perform personally, unless by the ordinary custom of trade a sub-agent may, or, from the nature of the agency, a sub-agent must, be employed.