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OFFICIAL TRUSTEES ACT

Ministry of Law and Justice

Act nº 2 of 1913


  • Part I
  • Part II
  • Part III
  • Part IV
  • Part V
  • Part VI
  • Amending Acts
  • Act nº 2 of 1913

Preamble

THE OFFICIAL TRUSTEES ACT, 1913

[Act, No. 2 of 1913]

[AS ON 1959]

[27th February, 1913]

PREAMBLE

1[***]

WHEREAS it is expedient to consolidate and amend the law constituting the office of the Official Trustee; It is hereby enacted as follows:-

1. Preamble omitted by the Official Trustees (Amendment) Act, 1964, w.e.f. 25-12-1964.


Part I

Section 1. Short title extent and commencement

(1) This Act may be called the Official Trustees Act, 1913. s{ Subs by the A. O. 1950 for the former sub- section. }

[(2) It extends to the whole of India1[***]

(3) It shall come into force on such dated as the Central Government by notification in the Official Gazette, may direct. { The 1st April, 1914, see Gazette of India, 1914, Pt. I, p. 365. }

1. Words "except the state of Jammu and Kashmir" omitted by Act 25 of 1968 w.e.f. 15-08-1968.


Section 2. Interpretation clause

In this Act, unless there is anything repugnant in the subject or context,-

(1) "Government" or "the Government" means, in relation to a State, the State Government and, in relation to a Union territory, the Central Government.

1[***]

(3) " Prescribed " means prescribed by rules under this Act. ]

1. Clause (2) of section 2 omitted by the Official Trustees (Amendment), Act, 1964, w.e.f. 25-12-1964.


Section 3. Extent of jurisdiction of High Court

1["3. Extent of jurisdiction of High Court

The High Court shall, in respect of proceedings instituted by or against the Official Trustee under this Act or the Indian Trusts Act, 1882 (2 of 1882), be a competent Court throughout the territories in relation to which it exercises civil appellate jurisdiction :

Provided that nothing in this section shall be construed as affecting the jurisdiction of any district court. ". ]

1 Inserted by the Official Trustees (Amendment), Act, 1964, w.e.f. 25-12-1964.


Section 3A. Extent of jurisdiction of High Courts

[Rep.] by the Adaptation of Laws (No.2) Order, 1956.

Part II

Section 4. Official Trustees

{ Subs by the A. O. 1937 for the original sub- section. }

[(1){ Subs by the Adaptation of Laws (No. 2) Order, 1956, for the first paragraph. }[The Government shall appoint an Official Trustee for each State]:

Provided that nothing herein contained shall be deemed to bar the appointment of the same person as Official Trustee for two or more { Subs. by the A. O. 1950 for " Divisions ". } [States]. ]

1[" (2) No person shall be appointed to the office of Official Trustee unless he has been for at least-

(a) seven years, an advocate; or

(b) seven years, an attorney of a High Court; or

(c) ten years, a member of the judicial service of a State; or

(d) five years, a Deputy Official Trustee. ". ]

1. Substituted by the Official Trustees (Amendment), Act, 1964, w.e.f. 25-12-1964.


Section 5. Appointment and powers of Deputy Official Trustee

1[(1)] The Government may appoint a Deputy or Deputies to assist the Official Trustee; and any Deputy so appointed shall, subject to, the control of the Government and the general or special orders of the Official Trustee, be competent to discharge any of the duties and exercise any of the powers of the Official Trustee, and, when discharging such duties or exercising such powers shall] have the same privileges and be subject to the same liabilities as the Official Trustee.

2["(2) No person shall be appointed as a Deputy unless he has been for at least three years-

(a) an advocate; or

(b) an attorney of a High Court; or

(c) a member of the judicial service of a State.". ]

1. Section 5 renumbered as sub-section (1) thereof by the Official Trustees (Amendment), Act, 1964, w.e.f. 25-12-1964.

2. Inserted by the Official Trustees (Amendment), Act, 1964, w.e.f. 25-12-1964.


Section 6. Official Trustee to be corporation sole, to have perpetual succession and official seal, and to sue and be sued in his corporate name

The Official Trustee shall be a corporation sole by the name of the Official Trustee of the { Subs by the A O; 1950 for " Division " which had been subs.by the A.O.1937 for "Presidency}[ State] for which he is appointed and, as such Official Trustee shall, have perpetual succession and an official seal, and may sue and be sued in his corporate name.

Part III

Section 7. General Power and duties of official Trustee

(1) Subject to, and in accordance with, the provisions of this Act and the rules made there under, the Official Trustee may, if he thinks fit,---

(a)act as an ordinary trustee;

(b) be appointed trustee by a Court of competent jurisdiction.

(2) Save as herein after expressly provided, the Official Trustee shall have the same powers, duties and liabilities and be entitled to the same rights and privileges and be subject to the same control and orders of the Court as any other trustee acting in the same

(3) The Official Trustee may decline, either absolutely or except on such conditions as he may impose, to accept any trust.

(4) The Official Trustee shall not accept any trust under any composition or scheme of arrangement for the benefit of creditors.nor of any estate known or believed by him to be insolvent.

(5) The Official Trustee shall not, save as provided by any rules made under this Act, accept any trust for a religious purpose or any trust which involves the management or carrying on of any business.

(6) The Official Trustee shall not administer the estate of a deceased person, unless he is expressly appointed sole executor of, and sole trustee under, the will of such person.

(7) The Official Trustee shall always be sole trustee, and it shall not be lawful to appoint the Official Trustee to be trustee along with any other person.

Section 8. Official Trustee may with consent be appointed trustee of settlement by grantor

(1) Any person intending to create a trust other than a trust which the Official Trustee is prohibited from accepting under the provisions of this Act may by the instrument creating the trust and with the consent of the Official Trustee, appoint him by that name or any other sufficient description to be the trustee of the property subject to such trust:

Provided that the consent of the Official Trustee shall be recited in the said instrument and that such instrument shall be duly executed by the Official Trustee.

(2) Upon such appointment the property subject to the trust shall vest in such Official Trustee, and shall be held by him upon the trusts declared in such instrument.

Section 9. Appointment of Official Trustee as trustee by will

When the Official Trustee has by that name or any other sufficient description been appointed trustee under any will, the executor of the will of { Subs.by Act 18 of 1919, section.2 and Sch.I.for "such testator".}[the testator] or the administrator of his estate shall, after obtaining probate or letters of administration, notify in the prescribed manner the contents of such will to such Official Trustee; and, if such Official Trustee consents to accept the trust, then upon the execution by such executor or administrator of an instrument in writing transferring the property subject to the trust to the Official Trustee, such property shall vest in such Official Trustee, and shall be held by him upon the trusts expressed in the said will:

Provided that the consent of the Official Trustee shall be recited in the said instrument and that such instrument shall be duly executed by the Official Trustee.

Section 10. Power of High Court to a appoint Official Trustee to be trustee of property

(1) If any property is subject to a trust other than a trust which the Official Trustee is prohibited from accepting under the provisions of this Act, and there is no trustee within the local limits of the ordinary or extraordinary original civil jurisdiction of the High Court willing or capable to act in the trust, the High Court may on application make an order for the appointment of the Official Trustee by that name with his consent to be the trustee of such property.

(2) Upon such order such property shall vest in the Official Trustee and shall be held by him upon the same trusts as the same was held previously to such order, and the previous trustee or trustees (if any) shall be exempt from the liability as trustees of such property save in respect of acts done before the date of such order.

(3) Nothing in this section shall be deemed to affect the provisions of1[***] the Indian Trusts Act, 1882 (2 of 1882. ).

1. "The trustees" and Mortgages "Powers Act, 1866 (23 of 1866), or" omitted by the Official Trustees (Amendment), Act, 1964, w.e.f. 25-12-1964.