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Act2
Enacted 1913

The Official Trustees Act, 1913

In force 35 sections Law and Justice

To consolidate and amend the law constituting the office of the Official Trustee.

Act 2 of 1913 Enacted 27 Feb 1913 In force 01 Apr 1914 Department Legislative Department

Administered by. Ministry of Law and Justice, Legislative Department · Other Acts of 1913

Preamble

THE OFFICIAL TRUSTEES ACT, 1913

ACT NO. 2 OF 19131

[27th February, 1913.] An Act to consolidate and amend the Law constituting the office of Official Trustee.

2*** It is hereby enacted as follows:--

What this Act covers

Summary of Official Trustees Act, 1913,

Key Provisions

Appointment and Structure

Official Trustee and Deputy: Appointed by the Government with specified eligibility criteria.

Corporate Entity: Official Trustee operates as a "corporation sole" with perpetual succession and an official seal (Section 6).

Operational Powers and Duties

Trust Management: Authority to manage trusts, including those for religious purposes and business operations (Provisions under Section 20 and related rules).

Summonses and Expenses: Detailed procedures for serving summonses and managing examination expenses (Section, Clause (h)).

Legislative and Oversight Provisions

Rule Making: Powers to make rules on specified matters, with publication in the Official Gazette for effect (Section 3).

Parliamentary and State Legislature Oversight: Rules laid before Parliament and State Legislatures for potential modification or annulment (Sections 3A and 4).

Sections

Type to filter. 35 sections.

  1. 1Short title, extent and commencement
  2. 2Interpretation clause
  3. 3Extent of jurisdiction of High Court
  4. 4Official Trustees
  5. 5Appointment and powers of Deputy Official Trustee
  6. 6Official Trustee to be corporation sole, to have perpetual succession and official seal, and to sue and be sued in his corporate name
  7. 7General powers and duties of Official Trustee
  8. 8Official Trustee may with consent be appointed trustee of settlement by grantor
  9. 9Appointment of Official Trustee as trustee by will
  10. 10Power of High Court to appoint Official Trustee to be trustee of property
  11. 11Power of private trustees to appoint Official Trustee to be trustee of property
  12. 12Executor or administrator may pay to Official Trustee legacy, share, etc., of minor or lunatic
  13. 13Official Trustee not to be required to give bond or security
  14. 14Entry of Official Trustee not to constitute notice of a trust
  15. 15Liability of Government
  16. 16Notice- of suit not required in certain cases
  17. 17Fees
  18. 18Disposal of fees
  19. 19Auditors to be appointed to examine Official Trustees‟s accounts, etc., and to report to Government
  20. 20Auditor‟s power to summon witnesses and to call for documents
  21. 21Costs of audit, etc., how paid
  22. 22Right of beneficiary to inspection and copies of accounts
  23. 23Transfer to Government of accumulations in the hands of Official Trustee
  24. 24Mode of proceeding by claimant to recover money so transferred
  25. 25Power of High Court to make orders in respect of property vested in Official Trustee
  26. 26Who may apply for order under Act
  27. 27Order of Court to have effect of a decree
  28. 28General powers of administration
  29. 29Transfer of trust property by Official Trustee to original trustee or any other trustee
  30. 30Rules
  31. 31[Repealed.]
  32. 32Saving of provisions of Indian Registration Act, 1908
  33. 32ASaving
  34. 32BSpecial provision regarding certain Official Trustees affected by States‟ reorganisation
  35. 33[Repealed.]

Schedules

This Act has 1 schedule. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Rules made under this Act

1 set of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • The Official Trustees (Maharashtra) Rules, 19711971

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 35 sections of this Act has its own page. This page is not a substitute for legal advice.