Report No. 16

Appendix

Proposals as shown in the form of Draft Amendments

(This is a tentative draft only)

Preamble.- The preamble to the Official Trustees Act, 1913 (2 of 1913), (hereinafter referred to as the principal Act), shall be omitted.

Section 2.- In section 2 of the principal Act, clause (2) shall be omitted.

Section 3.- After section 2 of the principal Act, the following section shall be inserted, namely:-

"3. Extent of jurisdiction of High Court.-The High Court shall, in respect of proceedings under this Act and the Indian Trusts Act, 1882 (2 of 1882), taken by or against the Official Trustee, be a competent Court for the whole area subject to its civil appellate jurisdiction:

Provided that nothing in this section shall be construed as affecting the jurisdiction of any district court.".

Section 4.- In section 4 of the principal Act, for sub-section (2), the following sub­section shall be substituted1, namely:-

"(2) No person shall be appointed to the office of the Official Trustee unless he-

(a) has for at least seven years been an advocate; or

(b) has for at least seven years been an attorney of a High Court; or

(c) has for at least ten years been a member of the judicial service of a State; or

(d) has for at least five years held the office of Deputy Official Trustee.".

1. Compare article 217 of the Constitution. Contrast section 4, Bombay Public Trusts Act, 1950.

An Explanation on the lines of the Explanation to article 217(2) of the Constitution is considered unnecessary.

Section 5.- Section 5 of the principal Act shall be re-numbered as sub-section (1) of that section, and after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:-

"(2) No person shall be appointed as a Deputy under this section unless he-

(a) has for at least three years been an advocate; or

(b) has for at least three years been an attorney of a High Court; or

(c) has for at least three years been a member of the judicial service of a State.".

Section 10.- In section 10 of the principal Act, in sub-section (3), the words and figures "the Trustees' and Mortgagees' Powers Act, 1866, or" shall be omitted.

Section 12.- In section 12 of the principal Act, in sub-section (1) for the word "infant1", the word "minor" shall be substituted.

1. Necessary change in the marginal note can be made without formal amendment.

Section 13.- In sub-section (2) of section 13 of the principal Act,-

(a) the words "or Deputy Official Trustee" shall be omitted;

(b) for the words "the Official Trustee's personal knowledge", the words "his personal knowledge" shall be substituted.

Section 15.- In section 15 of the principal Act, the words "revenues of the", wherever they occur, shall be omitted.

Section 17.- In section 17 of the principal Act,-

the proviso to sub-section (1) shall be omitted;

in sub-section (2), the words "the revenues of" shall be omitted.

Section 19.- In section 19 of the principal Act, in sub-section (2), for clause (a), the following clause shall be substituted, namely1:-

"(a) whether the accounts have been audited in the prescribed manner, and whether, so far as can be ascertained by such audit, the accounts contain a full and true account of everything which ought to be contained therein;".

1. Cf the amendment made by section 3 of the Official Trustees (Bengal Amendment) Act, 1940 (Bengal Act 12 of 1940).

Section 25.- In section 25 of the principal Act, for the word "interest", the word "income" shall be substituted.

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