Official Trusteers Act, 1913
No: 2 Dated: Feb, 27 1913
THE OFFICIAL TRUSTEES ACT, 1913
ACT NO. 2 OF 1913
An Act to consolidate and amend the Law constituting the office of Official Trustee.
It is hereby enacted as follows:—
PART I
Preliminary
1. Short 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 Government, by notification in the Official Gazette, may direct.
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;
(3) Prescribed means prescribed by rules made under this Act.
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, 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.
PART II
The Office Of Official Trustees
4. Official Trustees:- (1) 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 States.
(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.
5. Appointment 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 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) 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.
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 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
Rights, Powers, Duties And Liabilities Of Official Trustee
7. General 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 ordinary trustee;
(b) be appointed trustee by a Court of competent jurisdiction.
(2) Save as hereinafter 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 capacity.
(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 alongwith any other person.