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Report No. 16

7. Insertion of a provision similar to section 28(2) of the Administrator-General's Act.-

The second suggestion made by the Government of Madras is that the provisions of section 28(2) of the Administrator-General's Act may be incorporated in the Official Trustees Act. This sub-section lays down that applications for directions of the High Court under the Act may be made by the Administrator-General or any person interested in the assets or in the due administration thereof. With regard to persons who may apply for directions to the High Court under the Official Trustees Act, provision has been made in section 26 of the Act1.

That section provides that the Official Trustee or any person beneficially interested may apply. In the case of a trust the only persons entitled to due administration are the beneficiaries and none else. There is, therefore, no necessity to provide separately for persons "interested in the due administration" as in section 28(2) of the Administrator-General's Act. In those cases where the Official Trustee is acting under section 7(6), the wide provisions of section 302 of the Indian Succession Act can be availed of. We do not, therefore, recommend any change in section 26 of the Official Trustees Act.

1. I.e., the Official Trustees Act.



Report on the Official Trustees Act, 1913 Back




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