SectionsParticulars
Part IPreliminary
1Short title, extent and commencement
(1) This Act may be called the Official Trustees Act, 1913. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Gove...
2Interpretation 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 Go...
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 Trusts Act, 1882 (2 of 1882), be a ...
Part IIThe Office Of Official Trustee
4Official Trustees
(1) The Government shall appoint an Official Trustee for each State: that nothing herein contained shall be deemed to bar the appointment of the same person a...
5Appointment and powers of Deputy Official Trustee
(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 Governmen...
6Official 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 State for which he is appointed and, such Official Trustee, shall ...
Part IIIRights, Powers, Duties And Liabilities Of Official Trustee
7General powers and duties of Official Trustee
(1) Subject to, and in accordance with, the provisions of this Act and the rules made thereunder, the Official Trustee may, if he thinks fit,- (a) act as an o...
8Official 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 ...
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 the testator...
10Power of High Court to 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 the...
11Power of private trustees to 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 all...
12Executor or administrator may pay to Official Trustee legacy, share etc., of minor or lunatic
(1) If any 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 gift i...
13Official Trustee not to be required to give bond or security
(1) 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. (2) No Official Tr...
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 object...
15Liability of Government
(1) The Government shall be liable to make good all sums required to discharge any liability which the Official Trustee, if he were a private trustee, would b...
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 aga...
Part IVFees
17Fees
(1) There shall be charged in respect of the duties of the Official Trustee such fees, whether by way of percentage or otherwise, as the Government may prescr...
18Disposal of fees
(1) 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 ...
Part VAudit
19Auditors to be appointed to examine Official Trustee's accounts, etc., and to report to Government
(1) 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 an...
20Auditor's power to summon witnesses and to call for documents
(1) Every auditor shall have the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908). (a) to summon any person whose presence he may t...
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 th...
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, b...
Part VIMiscellaneous
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 o...
24Mode of proceeding by claimant to recover money so transferred
(1) If any claim is made to any moneys so transferred and such claim is established to the satisfaction of the prescribed authority, the Government shall pay ...
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 income or produce thereof. ...
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. ...
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  (a) on such acts as may b...
29Transfer of trust property by Official Trustee to original trustee or any other trustee
(1) Nothing in this Act shall be deemed to prevent the transfer by the Official Trustee of any property vested in him to- (a) the original trustee (if any); or...
30Rules
(1) 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 dischar...
31Division of presidency into provinces
[Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937] ...
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). ...
32ASaving
(1) The amendments of this Act which come into force on the 26th day of January, 1950, shall not affect any legal proceedings pending in any court on that dat...
32BSpecial provision regarding certain Official Trustees affected by States' reorganization
The amendments of this Act which come into force on the lst November, 1956, shall not affect any legal proceedings pending in any Court on that date and where...
33Repeal
[Repealed by the Repealing Act, 1927 (12 of 1927)] ...
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