1Short title extent and commencement
This Act may be called the Official Trustees Act, 1913.3* It extends to the whole of India 4***. It shall come into force on such date 5* as the Central...
2Interpretation clause
In this Act, unless there is anything repugnant in the subject or context,-- "Government" or "the Government" means, in relation to a State, the State Gove...
3Extent 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 TrustsThis Act has been amended in ...
4Official Trustees
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...
5Appointment and powers of Deputy Official Trustee
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 ...
6Official Trustee to be corporation sole
The Official Trustee shall be a corporation sole by the name of the Official Trustee of the 1*[State] for which he is appointed and, as such Official Trustee...
7General powers and duties of Official Trustee
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,-- act as an ordin...
8Official Trustee may with consent be appointed trustee of settlement by grant
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...
9Appointment 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 1*[the tes...
10Power of High Court to appoint Official Trustee to be trustee of property
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 ...
11Power of private trustees to appoint Official Trustee to be trustee of property
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 all t...
12Executor or administrator may pay to Official Trustee legacy
If any 2*[minor] or lunatic is entitled to any gift, legacy or share of the assets of a deceased person, it shall be lawful for the person by whom such gi...
13Official Trustee not to be required to give bond or security
No Official Trustee shall be required by any Court to enter into any bond or security on his appointment in any capacity under this Act. No Official Trustee ...
14Entry of Official Trustee not to constitute notice of a trust
The entry of the Official Trustee by that name in the books of a company shall not constitute notice of a trust; and a company shall not be entitled to obje...
15Liability of Government
The 3*** Government 4*** shall be liable to make good all sums required to discharge any liability which the Official Trustee, if he were a private trustee,...
16Notice of suit not required in certain cases
Nothing in section 80 of the Code of Civil Procedure, 1908 (5 of 1908), shall apply to any suit against the Official Trustee in which no relief is claimed a...
17Fees
There shall be charged in respect of the duties of the Official Trustee such fees, whether byway of percentage or otherwise, as the Government may prescrib...
18Disposal of fees
All expenses which might be retained or paid out of the trust fund, if the Official Trustee were a private trustee, shall be so retained or paid, and any fe...
19Auditors to be appointed to examine Official Trustees accounts
The accounts of the Official Trustee shall be audited at least once annually and at any other time if the Government so direct by the prescribed person a...
20Auditors power to summon witnesses and to call for documents
Every auditor shall have the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), to summon any person whose presence he may think ne...
21Costs of audit, etc., how paid
The cost of and incidental to every such audit and examination shall be determined in accordance with rules made by the Government and shall be defrayed in ...
22Right of beneficiary to inspection and copies of accounts
Every beneficiary under a trust which is being administered by the Official Trustee shall, subject to such conditions and restrictions as may be prescribed,...
23Transfer to Government of accumulations in the hands of Official Trustee
When any moneys payable to a beneficiary under a trust have been in the hands of any Official Trustee for a period of twelve years or upwards whether before ...
24Mode of proceeding by claimant to recover money so transferred
If any claim is made to any moneys so transferred and such claim is established to the satisfaction of the prescribed authority, the Government 1*** shall p...
25Power of High Court to make orders in respect of property vested in Official Trustee
The High Court may make such orders as it thinks fit respecting any trust property vested in the Official Trustee, or the 4*[income] or produce there of....
26Who may apply for order under Act
Any order under this Act may be made, on the application of any person beneficially interested in any trust property or of any trustee thereof. The words "of...
27Order of Court to have effect of a decree
Any order made by a High Court under this Act shall have the same effect as a decree....
28General powers of administration
The Official Trustee may, in addition to and not in derogation of any other powers of expenditure lawfully exercisable by him, incur expenditure— on such ac...
29Transfer of trust property by Official Trustee to original trustee or any other trustee
Nothing in this Act shall be deemed to prevent the transfer by the Official Trustee of any property vested in him to— the original trustee (if any); or any o...
30Rules
The Government shall make rules for carrying into effect the objects of this Act and for regulating the proceedings of the Official Trustee in the discharge...
31Division of Presidency into Provinces
Rep. by the A. O. 1937.32.Saving of provisions of Indian Registration Act, 1908....
32Saving of provisions of Indian Registration Act, 1908
Nothing contained in this Act shall be deemed to affect the provisions of the Indian Registration Act, 1908 (16 of 1908)....
32A.Saving
2*[(1)] The amendments of this Act which come into force on 3*[the 26th day of January, 1950], shall not affect any legal proceedings pending in any Court o...
32B.Special provision regarding certain Official Trustees affected by States re - organization
The amendments of this Act which come into force on the 1st November, 1956, shall not affect any legal proceedings pending in any Court on that date and wher...
33Repeals
Rep. by the Repealing Act, 1927 (12 of 1927), s. 2.and Sch. ...
SCHEDULESchedule
Enactments repealed. THE SCHEDULE.— [Enactments repealed.] Rep. by s. 2 and Sch., ibid. 1 Ins. by the Adaptation of Laws (No. 2) Order, 1956.  **************...
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