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Report No. 16

11. Section 3.-

This section has been omitted by the Adaptation of Laws (No. 2) Order, 1956. We think, however, that this section should be restored. Besides the power to invoke the jurisdiction of High Court under section 25 of the Act, the Official Trustee may have also to approach the District Court, as section 7 of the Act confers upon him the same powers and enjoins the same duties and liabilities and so makes him subject to the control and orders of the Court in the same manner as any other trustee acting in the same capacity. Further, in the discharge of his duties as Official Trustee, he stands in the same position as a private trustee, and he may have to invoke the jurisdiction of the district court under the Trusts Act also. It will be very inconvenient for him to move the several district courts in respect of different properties situated in their respective jurisdictions.

It will be more convenient, from the point of view of the Official Trustee, to enable him to approach the High Court even in respect of those matters, without the necessity of going to the district courts. For this purpose, we think that the section should be restored1, conferring upon the High Court jurisdiction not only under this Act, but also the jurisdiction which the district courts will have under the Trusts Act. It has been suggested that the section should be expressed in a different way, to make the intention clear. Accepting this suggestion, we have redrafted the section2. The concurrent jurisdiction of the district court need not of course be affected, and this may be made clear.

1. The section as it stood before the Adaptation of Laws (No. 2) Order, 1956, was as follows:-

"For the purposes of this Act the High Court shall have jurisdiction throughout the State.".

2. See the Appendix.



Report on the Official Trustees Act, 1913 Back




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