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Report No. 17

49. Section 35.- No change.

50. Section 36.-

It may not be necessary to retain the provision that the section is subject to the provisions of section 17. It may be omitted.

51. The period for which a trustee may lease property without the permission of the court is 21 years. Whatever might have been the justification in 1882 when the Act was passed, in the present conditions, such a long period whether for agricultural or non-agricultural leases is not justified, as it would result in alienating away the benefit of the future for a longer period. Under some of the present Acts, both Central and State, the period fixed is 5 years. Most of the State Acts relating to religious endowments fix periods ranging from five to ten years. The Bombay Public Trusts Act fixes a period of ten years in the case of an agricultural lease and three years in the case of a non-agricultural lease.1 This is the only Act which makes the period as long as ten years, but in view of the recent Acts we think it proper to reduce the period from 21 years to five years.

1. Section 36.

Trusts Act, 1882 Back

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