Official Trustee's Act, 1913

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THE OFFICIAL TRUSTEES ACT, 1913 
 
 
 
CONTENTS 
  
PART I 
PRELIMINARY 
 
1. Short title, extent and commencement 
 
2. Interpretation Clause  
 
3. Extent of jurisdiction of High Courts  
 
PART II 
THE OFFICE OF OFFICTAL TRUSTEE 
 
4. Official Trustees 
 
5. Appointment and powers of Deputy Official Trustees  
 
6. Official Trustee to be corporation sole to have perpetual succession and official seal, and  to 
sue and be sued in his corporate name  
 
PART III 
RIGHTS, POWERS, DUTIES AND LIABILITIES OF OFFICIAL TRUSTEE 
 
7. General powers and duties of official Trustee 
 
8. Official Trustee may with consent be appointed trustee of settlement by grantor 
 
9. Appointment of Official Trustee as trustee by will  
 
10. Power of High Court to appoint Official Trustee to be trustee of property 
 
11. Power of private trustees to appoint official Trustee to be trustee of property 
 
12. Executor or administrator may pay to official Trustee legacy share etc. of infant or 
 lunatic 

 
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13. Official Trustee not to be required to give bond or security 
 
14. Entry of Official Trustee not to constitute notice of a trust 
  
15. Liability of Government 
 
16. Notice of suit not required in certain cases  
 
PART IV 
FEES 
 
17. Fees 
 
18. Disposal of fees 
 
PART V 
AUDIT 
 
19. Auditors to be appointed to examine off icial Trustee’s accounts etc., and to report to 
 Government 
 
20. Auditor’s power to summon witnesses and to call for documents 
 
21. Costs of audit, etc., how paid 
 
22. Right of beneficiary to inspection and copies of accounts  
 
PART VI 
MISCELLANEOUS 
 
23. Transfer to Government of accumulations in the hands of Official Trustee 
 
24. Mode of proceeding by claimant to recover money so transferred 
 
25. Power of High Court to make orders in respect of property vested in Official Trustee  
 
26. Who may apply for order under Act 
 
27. Order of Court to have effect of a decree  
 
28. General powers of administration 
 
29. Transfer of trust property by Official Trustee to original trustee or any other trustee 
 
30.  Rules 
 
31.  [Repealed.] 
 
32.  Saving of Provisions of Registration Act, 1908  
 
32A.  [Omitted.] 
 
33.  [Repealed.]  
 
THE SCHEDULE.—[Repealed.] 
 
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THE OFFICIAL TRUSTEES ACT, 1913 
 
1ACT No. II of 1913 
 
[27th February, 1913] 
 
An Act to consolidate and amend the Law constituting the office of Official Trustee. 
 
 WHEREAS it is expedient to consolidate and amend the law constituting the office of the 
Official Trustee; It is hereby enacted as follows:— 
 
PART I 
PRELIMINARY 
 
 1.Short title, extent and commencement. (1) This Act may be called the Official Trustees 
Act, 1913. 
 
 2[(2) It extends to the whole of Pakistan.] 
 
 (3) It shall come into force on such date 3 as the 4[Federal Government], by notification in the 
3[official Gazette], may direct. 
 
 2. Interpretation Clause. In this Act, unless there is anything repugnant in the subject or 
context,— 
 
 5[(1) "Government" or "the Government" means in relation to any Province, the Provincial 
Government:6 * * *:] 
 
 7 *   *   *   *   *   *  
 
 8 *   *   *   *   *   *  
 
 (4) "Prescribed" means prescribed by rules under this Act: 
 
 8 *   *   *   *   *   *  
 
 3. Extent of jurisdiction of High Courts. For the purposes of this Act the High Court 9* * * 
* shall have jurisdiction throughout the 10[Province.] 
 
1For Statement of Objects and Reasons, see Gazette of India, 1912, Pt. V, p. 202 ; for Report of Select Committee, see ibid., 1913, Pt. V, p. 19; and for 
Proceedings in Council, see ibid., 1912, Pt. VI, p. 699 and ibid., 1913, Pt. VI, pp. 15 and 28. 
This Act has been extended to the Leased Areas of Baluchistan, see G. G. O. 3 of 1950 ; and applied in the Federated Areas of Baluchistan, see Gazette 
of India, 1937, Pt. I, p. 1499. 
2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for the original 
sub-section (2), as amended by A. O., 1937, A. O., 1949, and the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 8 
3The 1st April, 1914, see Gen. R. & O. 
4Subs. by F. A. O., 1975, Art. 2 and Table, for "Central Government", which was previously amended by A. O., 1937, for "G. G. in C." 
5Subs. by A. O. 1937 for "Gazette of India". 
6Subs. ibid., for the original definition. 
7Certain words and clauses (2) and (8) of section 2 omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 
Sch.. II. 
8Clauses (3), (5), (6) and (7) defining "Official Gazette," "Presidency of Bengal," "Presidency of Bombay," "Presidency of Madras," "Presidency and 
Revenues of the Government” were rep. by A. O., 1937. 
9The words "at a Presidency-town" rep., ibid 
10Subs. by Ordinance 27 of 1981, s. 2 and Sch.II, for "Division", which was previously amended by A.O., 1937, for "Presidency". 
 
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PART II 
THE OFFICE OF OFFICTAL TRUSTEE 
 
 1[4.Official Trustees. (1) The Provincial Government for each Province shall appoint an 
Official Trustee. 
 
 (2) No person shall be appointed to the office of Official Trustee who is not an advocate 
practising in a High Court or a person already in the service of the State.] 
 
 5. Appointment and powers of Deputy Official Trustees. The Government may appoint a 
Deputy or Deputies to assist the Official Trustee; and any Deputy so appointed shall, subject to the 
control of the Government and the general or special orders of the Official Trustee, be competent to 
discharge any of the duties and exercise any of the powers of the Official Trustee, and, when 
discharging such duties or exercising such powers, shall have the same privileges and be subject to 
the same liabilities as the Official Trustee. 
 
 6. Official Trustee to be corporation sole to have perpetual succession and official seal 
and to sue and be sued in his corporate name. The Official Trustee shall be a corporation sole by 
the name of the Official Trustee of the 2[Province] for which he is appointed and, as such Official 
Trustee, shall have perpetual succession and an official seal, and may sue and be sued in his cor-
porate name. 
 
PART III 
RIGHTS, POWERS, DUTIES AND LIABILITIES OF OFFICIAL TRUSTEE 
 
 7.General powers and duties of official Trustee.—(1) Subject to, and in accordance with, 
the provisions of this Act and the rules made thereunder, the Official Trustee may, if he thinks fit,— 
 
(a)  act as an ordinary trustee. 
 
(b)  be appointed trustee by a Court of competent jurisdiction. 
 
 (2) Save as hereinafter expressly provided, the Official Trustee shall have the same powers, 
duties and liabilities and be entitled to the same rights and privileges and be subject to the same 
control and orders of the Court as any other trustee acting in the same capacity. 
 
 (3) The Official Trustee may decline, either absolutely or except on such conditions as he 
may impose, to accept any trust. 
 
 (4) The Official Trustee shall not accept any trust under any composition or scheme of 
arrangement for the benefit of creditors, nor of any estate known or believed by him to be insolvent. 
 
(5) The Official Trustee shall not, save as provided by any rules made under this Act, accept any 
trust for a religious pur pose or any trust which involves the management or carrying on of any 
business. 
 
 
1Subs. ibid., for section 4, which was previously amended by various enactments. 
2Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II, for "Division", which was previously amended 
by A. O., 1937, for "Presidency". 
 
 
 
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 (6) The Official Trustee shall not administer the estate of a deceased person, unless he is 
expressly appointed sole executor of, and sole trustee under, the will of such person. 
 
 (7) The Official Trustee shall always be sole trustee, and it shall not be lawful to appoint the 
Official Trustee to be trustee along with any other person. 
 
 8. Official Trustee may with consent be appointed trustee of settlement by grantor.—(1) 
Any person intending to create a trust other than a trust which the Official Trustee is prohibited from 
accepting under the provisions of this Act may by the instrument creating the trust and with the 
consent of the Official Trustee, appoint him by that name or any other sufficient description to be the 
trustee of the property subject to such trust: 
 
 Provided that the consent of the Official Trustee shall be recited in the said instrument and 
that such instrument shall be duly executed by the Official Trustee. 
 
 (2) Upon such appointment the property subject to the trust shall vest in such Official 
Trustee, and shall be held by him upon the trusts declared in such instrument. 
 
 9. Appointment of Official Trustee as trustee by will. When the Official Trustee has by 
that name or any other sufficient description been appointed trustee under any will, the executor of 
the will of 1[the testator] or the administrator of his estate shall, after obtaining probate or letters of 
administration, notify in the prescribed manner the contents of such will to such Official Trustee; 
and, if such Official Trustee consents to accept the trust, then upon the execution by such executor or 
administrator of an instrument in writing transferring the property subject to the trust to the Official 
Trustee, such property shall vest in such Official Trustee, and shall be held by him upon the trusts 
expressed in the said will: 
 
 Provided that the consent of the Official Trustee shall be recited in the said instrument and 
that such instrument shall be duly executed by the Official Trustee. 
 
 10. Power of High Court to appoint Official Trustee to be trustee of property.—(1) If 
any property is subject to a trust other than a trust which the Official Trustee is prohibited from 
accepting under the provisions of this Act, and there is no trustee within the local limits of the 
ordinary or extraordinary original civil jurisdiction of the High Court willing or capable to act in the 
trust, the High Court may on application make an order for the appointment of the Official Trustee 
by that name with his consent to be the trustee of such property. 
 
(2) Upon such order such property shall vest in the Official Trustee and shall be held by him upon 
the same trusts as the same was held previously to such order, and the previous trustee or trustees (if 
any) shall be exempt from liability as trustees of such property save in respect of acts done before the 
date of such order. 
 
 (3) Nothing in this section shall be deemed to affect the provisions of the 2* * * * the Trusts 
Act, 1882 (II of 1882). 
 
 11. Power of private trustees to appoint official Trustee to be trustee of property.—(1) If 
any property is subject to a trust other than a trust which the Official Trustee is prohibited from 
accepting under the provisions of this Act, and all the trustees or the surviving or continuing t rustee 
or trustees and all persons beneficially inter ested in the trust are desirous that the  Official Trustee 
shall be appointed in the room of such trustee or trustees, it shall be lawful for such trustee  or 
trustees, by an instrument in writing to appoint the Official Trustee by that name or any other  
 
1Subs. by the Repealing and Amending Act, 1919 (18 of 1919), s.2 and Sch..I, for "such testator". 
2The words "the trustees and Mortgages' Powers Act, 1866, or" omitted by the Federal Laws (Revision and D eclaration) Ordinance, 1981 (27 of 1981), 
s. 3 and Sch., II. 
 
 
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sufficient description with his consent to be the trustee of such property: 
 
 Provided that the consent of the Official trustee shall be recited in the said instrument and that 
such instrument shall be duly executed by him. 
 
 (2) Upon such appointment such property shall vest in the official Trustee and shall be held 
by him upon the same trusts as the same was held previously to such appointment, and the previous 
trustee or trustees shall be exempt from all liability as trustees of such. property save in respect of 
acts done before the date of such appointment: 
 
 12. Executor or administrator may pay to Official Trustee legacy, share, etc., of infant 
or lunatic.—(1) If any infant or lunatic is entitled to any gift, legacy or share of the assets of a 
deceased person, it shall be lawful for the person by whom such gift is made, or executor or adminis-
trator by whom such legacy or share is payable or transferable or any trustee of such gift, legacy or 
share, to transfer the same by an instrument in writing to the Official Trustee by that name or any 
other sufficient description with his consent. 
 
 Provided that the consent of the Official Trustee shall be recited in the said instrument and 
that such instrument shall be duly executed by the Official Trustee. 
 
 (2) Any money or property transferred to the Official Trustee under this section shall vest in 
him and shall be subject to the same provisions as are contained in this Act as to other property 
vested in such Official Trustee. 
 
 13. Official Trustee not to be required to give bond or security.—(1) No Official Trustee 
shall be required by any Court to enter into any bond or security on his appointment in any capacity 
under this Act. 
 
 (2) No Official Trustee or Deputy Official Trustee shall be required to verify otherwise than 
by his signature any petition presented by him under the provisions of this Act, and if the facts stated 
in any such petition are not within the Official Trustee's personal knowledge, the petition may be 
verified and subscribed by any person competent to make the verification. 
 
 14. Entry of Official Trustee not to constitute notice of a trust. The entry of the Official 
Trustee by that name in the books of a company shall not constitute notice of a trust; and a company 
shall not be entitled to object to enter the name of the Official Trustee on its register by reason only 
that the Official Trustee is a corporation; and, in dealing with property, the fact that the person dealt 
with is the Official Trustee shall not of itself constitute notice of a trust. 
 
 15. Liability of Government.—(1) The revenues of the Government 1 * * * shall be liable to 
make good all sums required to discharge any liability which the Official Trustee, if he were a 
private trustee, would be personally liable to discharge, except when the liability is one to which 
neither the Official Trustee nor any of his officers has in any way contributed or which neither he nor 
any of his officers could by the exercise of reasonable diligence have averted, and in either of those 
cases the Official Trustee shall not, nor shall the revenues, [of the Government] 2*** be subject to 
any liability. 
 
 
1The words "of India" rep. by the Official Trustees and Administrator General's Act Amdt. Act, 1922 (21 of 1922), s. 3. 
2The words "of the Govt. or" were ins. by the Official Trustees and Administrator General's Acts Amdt. Act, 1922 (21 of 1922), s. 3. 
 
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 (2) Nothing in sub-section (1) shall be deemed to render the revenues 1[of the Government] 
2* * * or any Official Trustee appointed under this Act liable for anything done by or under the 
authority of any Official Trustee before the commencement of this Act. 
 
 16. Notice of suit not required in certain cases. Nothing in section 80 of the Code of Civil 
Procedure, 1908, shall apply to any suit against the Official Trustee in which no relief is claimed 
against him personally (V of 1908). 
 
PART IV 
FEES 
 
 17. Fees.—(1) There shall be charged in respect of the duties of the Official Trustee such 
fees, whether by way of percentage or otherwise, as the Government may prescribe: 
 
 Provided that in the case of a trust accepted by the Official Trustee before the commencement 
of this Act the fees prescribed under this section shall not exceed the fees leviable in respect of such 
trust under the Official Trustees Act, 18643, as subsequently amended (XVII of 1864). 
 
 (2) The fees under this section may be at different rates for different properties or classes of 
properties or for different duties, and shall, so far as may be, be arranged so as to produce an amount 
sufficient to discharge the salaries and all other expenses incidental to the working of this Act 
(including such sum ash Government may determine to be required to insure the revenues of the 
Government 4* * against loss under this Act). 
 
 18. Disposal of fees.— (1) All expenses which might be retained or paid out of the trust fund, 
if the Official Trustee were a private trustee, shall be so retained or paid, and any fees leviable under 
this Act shall be retained or paid in like manner as and in addition to such expenses. 
 
 (2) The Official Trustee shall transfer and pay to such autho rity and in such manner and at 
such times as the Government may prescribe, all fees received by him under th is Act, and the same 
shall be carried to the account and credit of the Government 5* *. 
 
PART V 
AUDIT 
 
 19. Auditors to be appointed to examine Official Trustee’s accounts, etc., and to report 
to Government. (1) The accounts of the Official Trustee shall b e audited at least once annually and 
at any other time if the Government so direct by the prescribed person and in the prescribed manner. 
 
 (2) The auditor shall examine such accounts, and shall forward to Government a statement 
thereof in the prescribed f orm, together with a report thereon and a certificate signed by him 
showing— 
 
(a)  whether the accounts contain a full and true account of everything which 
ought to be contained therein, and 
 
(b)  whether the books, which by any rules made under this Act a re directed to be 
kept by the Official Trustee, have been duly and regularly kept, and 
 
 
1The words "of the Govt. or" were ins. by the Official Trustees and Administrator General's Acts Amdt. Act, 1922 (21 of 1922), s. 3. 
2The words "or of the G. of I" rep. by A. O. , 1937. 
3Rep. by the Official Trustees Act, 1913 (2 of 1913). 
4The words "of India" rep. by Act 21 of 1922, s. 4. 
5The words "of India" rep by the Official Trustees and Administrator Generals Acts Amdt. Act, 1922 (21 of 1922), s. 4. 
 
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(c)  whether the trust funds and securities have been duly kept and invested and 
deposited in the manner prescribed by this Act or any rules made thereunder; 
 
 or (as the case may be) that such accounts are deficient, or that the Official Trustee has failed 
to comply with this Act or the rules made thereunder, in such respects as may be specified in such 
certificate. 
 
 20. Auditor’s power to summon witnesses and to call for documents.—(1) Every auditor 
shall have the powers of a Civil Court under the Code of Civil Procedure, 1908.(V of 1908). 
 
(a)  to summon any person whose presence he may think necessary to attend him 
from time to time, and 
 
(b)  to examine any person, on oath to be by him administered, and 
 
(c)  to issue a commission for the examination on interrogatories or otherwise of 
any person, and 
 
(d)  to summon any person to produce any document or thing, the production of 
which appears to be necessary for the purposes of such audit or examination. 
 
 (2) Any person who, when summoned, refuses, or without reasonable cause neglects to attend 
or to produce any document or thing or attends and refuses to be sworn, or to be examined shall be 
deemed to have committed an offence within the meaning of, and punishable under, section 188 of 
the Pakistan Penal Code, an d the auditor shall report every case of such refusal or neglect to 
Government. (XLV of 1860). 
 
  
 21. Costs of audit, etc., how paid. The cost of and incidental to every such audit and ex-
amination shall be determined in accordance with rules made by the Government and shall be 
defrayed in the prescribed manner. 
 
 22. Right of beneficiary to inspection and copies of accounts. Every beneficiary under a 
trust which is being administered by the Official Trustee shall, subject to such conditions and 
restrictions as may be prescribed, be entitled, at all reasonable times, to inspect the accounts of such 
trust, and the report and certificate of the auditor and, on payment of the prescribed fee, to be 
furnished with copies thereof or extracts therefrom, and nothing in the Trusts Act, 1882, shall affect 
the provisions of this section. (II of 1882). 
 
PART VI 
MISCELLANEOUS 
 
 23. Transfer to Government of accumulations in the hands of Official Trustee. When 
any moneys payable to a beneficiary under a trust have been in the hands of any Official Trustee for 
a period of twelve years or upwards whether before or after the commencement of this Act in 
consequence of the Official Trustee having been unable to trace the person entitled to receive the 
same, such moneys shall be transferred in the prescribed manner to the account and credit of the 
Government 1* *. 
 
 Provided that no such moneys shall be so transferred if any suit or proceeding is pending in 
respect thereof in any Court. 
 
1Subs. by A. O., 1937, for "Secretary of State for India in Council". 
 
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 24. Mode of proceeding by claimant to recover money so transferred.— (1) If any claim 
is made to any moneys so transferred [and such claim is established to the satisfaction of the 
prescribed authority, the Government 1 * * shall pay to the claimant the amount in respect of which 
the claim is established. 
 
 (2) If such claim is not established to the satisfaction of the prescribed authority, the claimant 
may, without prejudice to his right to take any other proceedings for the recovery of such moneys, 
apply by petition to the High Court against the 1[Government] and, after taking such evidence as it 
thinks fit, such Court shall make such order on the petition in regard to the payment of such moneys 
as it thinks fit, and such order shall be binding on all parties to the proceedings: 
 
 2*  *  *  *  *  * 
 
 (3) The Court may further direct by whom all or any part of the costs of such proceedings 
shall be paid. 
 
 25. Power of High Court to make orders in respect of property vested in Official 
Trustee. The High Court may make such orders as it thinks fit respecting any trust property vested in 
the Official Trustee, or the interest or produce thereof. 
 
 26. Who may apply for order under Act. Any order under this Act may be made, on the ap-
plication of any person beneficially interested in any trust property or of any trustee thereof. 
 
 27. Order of Court to have effect of a decree.  Any order made by a High Court under this 
Act shall have the same effect as a decree. 
 
 28. General powers of administration.  The Official Trustee may, in addition to and not in 
derogation of any other powers of expenditure lawfully exercisable by him, incur expenditure— 
 
(a)  on such acts as may be necessary for the proper care and management of any 
property belonging to any trust administered by him; and 
 
(b)  with the sanction of the High Court on such religious, charitable and other 
objects and on such improve ments as may be reasonable and proper in the 
case of such property. 
 
 29. Transfer of trust pro perty by Official Trustee to original trustee or any other 
trustee. (1) Nothing in this Act shall be deemed to prevent the transfer by the Official Trustee of any 
property vested in him to— 
 
(a)  the original trustee (if any); or 
 
(b)  any other lawfully appointed trustee; or 
 
(c)  any other person if the Court so directs. 
 
 (2) Upon such transfer such property shall vest in such trustee, and shall be held by him upon 
the same trusts as those upon which it was held prior to such transfer, and the Official T rustee shall 
be exempt from all liability as trustee of such property except in respect of acts done before such 
transfer: 
 
1The words "of India" rep. by the Official Trustees and Administrator Generals Acts Amdt. Act, 1922 (21 of 1922), s. 4. 
2Proviso which was ins. by A. O., 1937, omitted by A. O., 1949, Sch. 
 
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 Provided that, in the case of any transfer under this section, the Official Trustee shall be 
entitled to retain out of the property any fees leviable in accordance with the provisions of this Act. 
 
 30. Rules.—(1) The Government shall make rul es1 for carrying into effect the objects of this 
Act and for regulating the proceedings of the Official Trustee in the discharge of his duties. 
 
 (2) In particular and without prejudice to the generality of the  foregoing power, such rules 
may provide for— 
 
(a)  the accounts to be kept by the official Trustee and the audit and inspection 
thereof; 
 
(b)  the safe custody, and deposit of the funds and securi ties which come into the 
hands of the Official Trustee; 
 
(c)  the remittance of sums of money in the hands of the official Trustee in cases in 
which such remittances are required; 
 
(d)  the statements, schedules and other documents to be submitted by the Official 
Trustee to Government or to any other authority an d the publication of such 
statements, schedules or other documents; 
 
(e)  the realization of the cost of preparing any such statements, schedules or other 
documents; 
 
  2*   *   *   * 
 
(f)  subject to the provisions of this Act, the fees to be paid thereun der and the 
collection and accounting for any fees so fixed; 
 
(g)  the manner in which and the person by whom the costs of and incidental to 
any audit under the provisions of this Act are to be determined and defrayed; 
 
(h)  the manner in which summons issued under the provisions of section 20 are to 
be served and the pay ment of the expenses of any persons summoned are  
examined under the provisions of this Act and of any expenditure incidental to 
such examination; 
 
(i)  the acceptance by the Official Tru stee of trusts for religious purposes and 
trusts which involve the management or carrying on of business; and 
 
(j)  any matter in this Act directed to be prescribed. 
 
 (3) Rules made under the provisions of this section shall be published in the official G azette, 
and shall thereupon have effect as if enacted in this Act. 
 
 31. [Division of Presidency into Provinces.], Rep. by A. O., 1937. 
 
1For rules made by the G. G. in C. for other provinces, see local R. & O. 
2Cl. (ee), which was ins by the Repealing and  Amending, Act, 1914 (10 of 1914), was rep. by the Destruction of Records. Act, 1917 (5 of 1917) s. 6 
and Sch. 
 
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 32. Saving of Provisions of Registration Act, 1908. Nothing contained in this Act shall be 
deemed to affect the provisions of the Registration Act, 1908. (XVI of 1908). 
 
 132A. [Saving.] Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 
(XXVII of 1981), s. 3 and Second Schedule. 
 
 33. [Repeals.] Rep. by the Repealing Act, 1927 (XII of 1927), s. 2 and Schedule. 
 
 THE SCHEDULE.—[ENACTMENTS REPEALED.] Rep. By the Repealing Act, 1927 (XII of 
1927), s.2 and Schedule. 
 
 
 
_____________ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Date: 11-09-2024 
1This section was previously amended by A. O,. 1937