Law4u - Made in India

The Official Trusteers Act, 1913

Year of Passage: 1913 | Type: Bare Act

Section 1 Short title, extent and commencement.

(1) This Act may be called the Official TrusteesAct, 1913. 1[(2) It extends to the whole of India 2* * *. (3) It shall come into force on such date3 as the Central Government, by notification in the OfficialGazette, may direct.

Section 2 Interpretation clause.

1[2. Interpretation clause.-- In this Act, unless there is anything repugnant in the subject orcontext,-- (1) "Government" or "the Government" means, in relation to a State, the StateGovernment and, in relation to a Union territory, the Central Government. 2** * * * (3) "prescribed" means prescribed by rules under this Act.]

Section 3 Extent of jurisdiction of High Court.

1[3. Extent of jurisdiction of High Court.-- The High Court shall, in respect of proceedingsinstituted 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 civilappellate jurisdiction: Provided that nothing in this section shall be construed as affecting the jurisdiction of anydistrict court.

Section 4 Official Trustees.

1[(1) 2[The Government shall appoint an Official Trustee for eachState]: Provided that nothing herein contained shall be deemed to bar the appointment of thesame person as Official Trustee for two or more 3[States].] 4[(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** * * *

Section 5 Appointment and powers of Deputy Official Trustee.

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

Unlock More Sections Offline

Access complete schedules, rules, forms, and recent amendments offline anywhere, anytime. Carry India's entire Bare Act Library in your pocket.

Download Law4u App Available on Android & iOS