{ "schema_version": "qanun-law-text/1", "id": "pk-code-04147c8022255ae9", "title": "Official Trustee's Act, 1913", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-apiW-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "b29299d0c4a18b4052b1397d1aa595e53bf6c1585a037c77601e4d363d6ccb05", "source_sha256": "b29299d0c4a18b4052b1397d1aa595e53bf6c1585a037c77601e4d363d6ccb05", "text_version_id": "law:pk-code-04147c8022255ae9:sha256:b29299d0c4a18b4052b1397d1aa595e53bf6c1585a037c77601e4d363d6ccb05", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 11 \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE OFFICIAL TRUSTEES ACT, 1913 \r\n \r\n \r\n \r\nCONTENTS \r\n \r\nPART I \r\nPRELIMINARY \r\n \r\n1. Short title, extent and commencement \r\n \r\n2. Interpretation Clause \r\n \r\n3. Extent of jurisdiction of High Courts \r\n \r\nPART II \r\nTHE OFFICE OF OFFICTAL TRUSTEE \r\n \r\n4. Official Trustees \r\n \r\n5. Appointment and powers of Deputy Official Trustees \r\n \r\n6. Official Trustee to be corporation sole to have perpetual succession and official seal, and to \r\nsue and be sued in his corporate name \r\n \r\nPART III \r\nRIGHTS, POWERS, DUTIES AND LIABILITIES OF OFFICIAL TRUSTEE \r\n \r\n7. General powers and duties of official Trustee \r\n \r\n8. Official Trustee may with consent be appointed trustee of settlement by grantor \r\n \r\n9. Appointment of Official Trustee as trustee by will \r\n \r\n10. Power of High Court to appoint Official Trustee to be trustee of property \r\n \r\n11. Power of private trustees to appoint official Trustee to be trustee of property \r\n \r\n12. Executor or administrator may pay to official Trustee legacy share etc. of infant or \r\n lunatic \r\n\r\n \r\nPage 2 of 11 \r\n \r\n \r\n13. Official Trustee not to be required to give bond or security \r\n \r\n14. Entry of Official Trustee not to constitute notice of a trust \r\n \r\n15. Liability of Government \r\n \r\n16. Notice of suit not required in certain cases \r\n \r\nPART IV \r\nFEES \r\n \r\n17. Fees \r\n \r\n18. Disposal of fees \r\n \r\nPART V \r\nAUDIT \r\n \r\n19. Auditors to be appointed to examine off icial Trustee’s accounts etc., and to report to \r\n Government \r\n \r\n20. Auditor’s power to summon witnesses and to call for documents \r\n \r\n21. Costs of audit, etc., how paid \r\n \r\n22. Right of beneficiary to inspection and copies of accounts \r\n \r\nPART VI \r\nMISCELLANEOUS \r\n \r\n23. Transfer to Government of accumulations in the hands of Official Trustee \r\n \r\n24. Mode of proceeding by claimant to recover money so transferred \r\n \r\n25. Power of High Court to make orders in respect of property vested in Official Trustee \r\n \r\n26. Who may apply for order under Act \r\n \r\n27. Order of Court to have effect of a decree \r\n \r\n28. General powers of administration \r\n \r\n29. Transfer of trust property by Official Trustee to original trustee or any other trustee \r\n \r\n30. Rules \r\n \r\n31. [Repealed.] \r\n \r\n32. Saving of Provisions of Registration Act, 1908 \r\n \r\n32A. [Omitted.] \r\n \r\n33. [Repealed.] \r\n \r\nTHE SCHEDULE.—[Repealed.] \r\n \r\nPage 3 of 11 \r\n \r\nTHE OFFICIAL TRUSTEES ACT, 1913 \r\n \r\n1ACT No. II of 1913 \r\n \r\n[27th February, 1913] \r\n \r\nAn Act to consolidate and amend the Law constituting the office of Official Trustee. \r\n \r\n WHEREAS it is expedient to consolidate and amend the law constituting the office of the \r\nOfficial Trustee; It is hereby enacted as follows:— \r\n \r\nPART I \r\nPRELIMINARY \r\n \r\n 1.Short title, extent and commencement. (1) This Act may be called the Official Trustees \r\nAct, 1913. \r\n \r\n 2[(2) It extends to the whole of Pakistan.] \r\n \r\n (3) It shall come into force on such date 3 as the 4[Federal Government], by notification in the \r\n3[official Gazette], may direct. \r\n \r\n 2. Interpretation Clause. In this Act, unless there is anything repugnant in the subject or \r\ncontext,— \r\n \r\n 5[(1) \"Government\" or \"the Government\" means in relation to any Province, the Provincial \r\nGovernment:6 * * *:] \r\n \r\n 7 * * * * * * \r\n \r\n 8 * * * * * * \r\n \r\n (4) \"Prescribed\" means prescribed by rules under this Act: \r\n \r\n 8 * * * * * * \r\n \r\n 3. Extent of jurisdiction of High Courts. For the purposes of this Act the High Court 9* * * \r\n* shall have jurisdiction throughout the 10[Province.] \r\n \r\n1For 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 \r\nProceedings in Council, see ibid., 1912, Pt. VI, p. 699 and ibid., 1913, Pt. VI, pp. 15 and 28. \r\nThis 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 \r\nof India, 1937, Pt. I, p. 1499. \r\n2Subs. 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 \r\nsub-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 \r\n3The 1st April, 1914, see Gen. R. & O. \r\n4Subs. 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.\" \r\n5Subs. by A. O. 1937 for \"Gazette of India\". \r\n6Subs. ibid., for the original definition. \r\n7Certain 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 \r\nSch.. II. \r\n8Clauses (3), (5), (6) and (7) defining \"Official Gazette,\" \"Presidency of Bengal,\" \"Presidency of Bombay,\" \"Presidency of Madras,\" \"Presidency and \r\nRevenues of the Government” were rep. by A. O., 1937. \r\n9The words \"at a Presidency-town\" rep., ibid \r\n10Subs. by Ordinance 27 of 1981, s. 2 and Sch.II, for \"Division\", which was previously amended by A.O., 1937, for \"Presidency\". \r\n \r\nPage 4 of 11 \r\n \r\nPART II \r\nTHE OFFICE OF OFFICTAL TRUSTEE \r\n \r\n 1[4.Official Trustees. (1) The Provincial Government for each Province shall appoint an \r\nOfficial Trustee. \r\n \r\n (2) No person shall be appointed to the office of Official Trustee who is not an advocate \r\npractising in a High Court or a person already in the service of the State.] \r\n \r\n 5. Appointment and powers of Deputy Official Trustees. The Government may appoint a \r\nDeputy or Deputies to assist the Official Trustee; and any Deputy so appointed shall, subject to the \r\ncontrol of the Government and the general or special orders of the Official Trustee, be competent to \r\ndischarge any of the duties and exercise any of the powers of the Official Trustee, and, when \r\ndischarging such duties or exercising such powers, shall have the same privileges and be subject to \r\nthe same liabilities as the Official Trustee. \r\n \r\n 6. Official Trustee to be corporation sole to have perpetual succession and official seal \r\nand to sue and be sued in his corporate name. The Official Trustee shall be a corporation sole by \r\nthe name of the Official Trustee of the 2[Province] for which he is appointed and, as such Official \r\nTrustee, shall have perpetual succession and an official seal, and may sue and be sued in his cor-\r\nporate name. \r\n \r\nPART III \r\nRIGHTS, POWERS, DUTIES AND LIABILITIES OF OFFICIAL TRUSTEE \r\n \r\n 7.General powers and duties of official Trustee.—(1) Subject to, and in accordance with, \r\nthe provisions of this Act and the rules made thereunder, the Official Trustee may, if he thinks fit,— \r\n \r\n(a) act as an ordinary trustee. \r\n \r\n(b) be appointed trustee by a Court of competent jurisdiction. \r\n \r\n (2) Save as hereinafter expressly provided, the Official Trustee shall have the same powers, \r\nduties and liabilities and be entitled to the same rights and privileges and be subject to the same \r\ncontrol and orders of the Court as any other trustee acting in the same capacity. \r\n \r\n (3) The Official Trustee may decline, either absolutely or except on such conditions as he \r\nmay impose, to accept any trust. \r\n \r\n (4) The Official Trustee shall not accept any trust under any composition or scheme of \r\narrangement for the benefit of creditors, nor of any estate known or believed by him to be insolvent. \r\n \r\n(5) The Official Trustee shall not, save as provided by any rules made under this Act, accept any \r\ntrust for a religious pur pose or any trust which involves the management or carrying on of any \r\nbusiness. \r\n \r\n \r\n1Subs. ibid., for section 4, which was previously amended by various enactments. \r\n2Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II, for \"Division\", which was previously amended \r\nby A. O., 1937, for \"Presidency\". \r\n \r\n \r\n \r\nPage 5 of 11 \r\n \r\n (6) The Official Trustee shall not administer the estate of a deceased person, unless he is \r\nexpressly appointed sole executor of, and sole trustee under, the will of such person. \r\n \r\n (7) The Official Trustee shall always be sole trustee, and it shall not be lawful to appoint the \r\nOfficial Trustee to be trustee along with any other person. \r\n \r\n 8. Official Trustee may with consent be appointed trustee of settlement by grantor.—(1) \r\nAny person intending to create a trust other than a trust which the Official Trustee is prohibited from \r\naccepting under the provisions of this Act may by the instrument creating the trust and with the \r\nconsent of the Official Trustee, appoint him by that name or any other sufficient description to be the \r\ntrustee of the property subject to such trust: \r\n \r\n Provided that the consent of the Official Trustee shall be recited in the said instrument and \r\nthat such instrument shall be duly executed by the Official Trustee. \r\n \r\n (2) Upon such appointment the property subject to the trust shall vest in such Official \r\nTrustee, and shall be held by him upon the trusts declared in such instrument. \r\n \r\n 9. Appointment of Official Trustee as trustee by will. When the Official Trustee has by \r\nthat name or any other sufficient description been appointed trustee under any will, the executor of \r\nthe will of 1[the testator] or the administrator of his estate shall, after obtaining probate or letters of \r\nadministration, notify in the prescribed manner the contents of such will to such Official Trustee; \r\nand, if such Official Trustee consents to accept the trust, then upon the execution by such executor or \r\nadministrator of an instrument in writing transferring the property subject to the trust to the Official \r\nTrustee, such property shall vest in such Official Trustee, and shall be held by him upon the trusts \r\nexpressed in the said will: \r\n \r\n Provided that the consent of the Official Trustee shall be recited in the said instrument and \r\nthat such instrument shall be duly executed by the Official Trustee. \r\n \r\n 10. Power of High Court to appoint Official Trustee to be trustee of property.—(1) If \r\nany property is subject to a trust other than a trust which the Official Trustee is prohibited from \r\naccepting under the provisions of this Act, and there is no trustee within the local limits of the \r\nordinary or extraordinary original civil jurisdiction of the High Court willing or capable to act in the \r\ntrust, the High Court may on application make an order for the appointment of the Official Trustee \r\nby that name with his consent to be the trustee of such property. \r\n \r\n(2) Upon such order such property shall vest in the Official Trustee and shall be held by him upon \r\nthe same trusts as the same was held previously to such order, and the previous trustee or trustees (if \r\nany) shall be exempt from liability as trustees of such property save in respect of acts done before the \r\ndate of such order. \r\n \r\n (3) Nothing in this section shall be deemed to affect the provisions of the 2* * * * the Trusts \r\nAct, 1882 (II of 1882). \r\n \r\n 11. Power of private trustees to appoint official Trustee to be trustee of property.—(1) If \r\nany property is subject to a trust other than a trust which the Official Trustee is prohibited from \r\naccepting under the provisions of this Act, and all the trustees or the surviving or continuing t rustee \r\nor trustees and all persons beneficially inter ested in the trust are desirous that the Official Trustee \r\nshall be appointed in the room of such trustee or trustees, it shall be lawful for such trustee or \r\ntrustees, by an instrument in writing to appoint the Official Trustee by that name or any other \r\n \r\n1Subs. by the Repealing and Amending Act, 1919 (18 of 1919), s.2 and Sch..I, for \"such testator\". \r\n2The words \"the trustees and Mortgages' Powers Act, 1866, or\" omitted by the Federal Laws (Revision and D eclaration) Ordinance, 1981 (27 of 1981), \r\ns. 3 and Sch., II. \r\n \r\n \r\nPage 6 of 11 \r\n \r\n \r\nsufficient description with his consent to be the trustee of such property: \r\n \r\n Provided that the consent of the Official trustee shall be recited in the said instrument and that \r\nsuch instrument shall be duly executed by him. \r\n \r\n (2) Upon such appointment such property shall vest in the official Trustee and shall be held \r\nby him upon the same trusts as the same was held previously to such appointment, and the previous \r\ntrustee or trustees shall be exempt from all liability as trustees of such. property save in respect of \r\nacts done before the date of such appointment: \r\n \r\n 12. Executor or administrator may pay to Official Trustee legacy, share, etc., of infant \r\nor lunatic.—(1) If any infant or lunatic is entitled to any gift, legacy or share of the assets of a \r\ndeceased person, it shall be lawful for the person by whom such gift is made, or executor or adminis-\r\ntrator by whom such legacy or share is payable or transferable or any trustee of such gift, legacy or \r\nshare, to transfer the same by an instrument in writing to the Official Trustee by that name or any \r\nother sufficient description with his consent. \r\n \r\n Provided that the consent of the Official Trustee shall be recited in the said instrument and \r\nthat such instrument shall be duly executed by the Official Trustee. \r\n \r\n (2) Any money or property transferred to the Official Trustee under this section shall vest in \r\nhim and shall be subject to the same provisions as are contained in this Act as to other property \r\nvested in such Official Trustee. \r\n \r\n 13. Official Trustee not to be required to give bond or security.—(1) No Official Trustee \r\nshall be required by any Court to enter into any bond or security on his appointment in any capacity \r\nunder this Act. \r\n \r\n (2) No Official Trustee or Deputy Official Trustee shall be required to verify otherwise than \r\nby his signature any petition presented by him under the provisions of this Act, and if the facts stated \r\nin any such petition are not within the Official Trustee's personal knowledge, the petition may be \r\nverified and subscribed by any person competent to make the verification. \r\n \r\n 14. Entry of Official Trustee not to constitute notice of a trust. The entry of the Official \r\nTrustee by that name in the books of a company shall not constitute notice of a trust; and a company \r\nshall not be entitled to object to enter the name of the Official Trustee on its register by reason only \r\nthat the Official Trustee is a corporation; and, in dealing with property, the fact that the person dealt \r\nwith is the Official Trustee shall not of itself constitute notice of a trust. \r\n \r\n 15. Liability of Government.—(1) The revenues of the Government 1 * * * shall be liable to \r\nmake good all sums required to discharge any liability which the Official Trustee, if he were a \r\nprivate trustee, would be personally liable to discharge, except when the liability is one to which \r\nneither the Official Trustee nor any of his officers has in any way contributed or which neither he nor \r\nany of his officers could by the exercise of reasonable diligence have averted, and in either of those \r\ncases the Official Trustee shall not, nor shall the revenues, [of the Government] 2*** be subject to \r\nany liability. \r\n \r\n \r\n1The words \"of India\" rep. by the Official Trustees and Administrator General's Act Amdt. Act, 1922 (21 of 1922), s. 3. \r\n2The words \"of the Govt. or\" were ins. by the Official Trustees and Administrator General's Acts Amdt. Act, 1922 (21 of 1922), s. 3. \r\n \r\nPage 7 of 11 \r\n \r\n \r\n (2) Nothing in sub-section (1) shall be deemed to render the revenues 1[of the Government] \r\n2* * * or any Official Trustee appointed under this Act liable for anything done by or under the \r\nauthority of any Official Trustee before the commencement of this Act. \r\n \r\n 16. Notice of suit not required in certain cases. Nothing in section 80 of the Code of Civil \r\nProcedure, 1908, shall apply to any suit against the Official Trustee in which no relief is claimed \r\nagainst him personally (V of 1908). \r\n \r\nPART IV \r\nFEES \r\n \r\n 17. Fees.—(1) There shall be charged in respect of the duties of the Official Trustee such \r\nfees, whether by way of percentage or otherwise, as the Government may prescribe: \r\n \r\n Provided that in the case of a trust accepted by the Official Trustee before the commencement \r\nof this Act the fees prescribed under this section shall not exceed the fees leviable in respect of such \r\ntrust under the Official Trustees Act, 18643, as subsequently amended (XVII of 1864). \r\n \r\n (2) The fees under this section may be at different rates for different properties or classes of \r\nproperties or for different duties, and shall, so far as may be, be arranged so as to produce an amount \r\nsufficient to discharge the salaries and all other expenses incidental to the working of this Act \r\n(including such sum ash Government may determine to be required to insure the revenues of the \r\nGovernment 4* * against loss under this Act). \r\n \r\n 18. Disposal of fees.— (1) All expenses which might be retained or paid out of the trust fund, \r\nif the Official Trustee were a private trustee, shall be so retained or paid, and any fees leviable under \r\nthis Act shall be retained or paid in like manner as and in addition to such expenses. \r\n \r\n (2) The Official Trustee shall transfer and pay to such autho rity and in such manner and at \r\nsuch times as the Government may prescribe, all fees received by him under th is Act, and the same \r\nshall be carried to the account and credit of the Government 5* *. \r\n \r\nPART V \r\nAUDIT \r\n \r\n 19. Auditors to be appointed to examine Official Trustee’s accounts, etc., and to report \r\nto Government. (1) The accounts of the Official Trustee shall b e audited at least once annually and \r\nat any other time if the Government so direct by the prescribed person and in the prescribed manner. \r\n \r\n (2) The auditor shall examine such accounts, and shall forward to Government a statement \r\nthereof in the prescribed f orm, together with a report thereon and a certificate signed by him \r\nshowing— \r\n \r\n(a) whether the accounts contain a full and true account of everything which \r\nought to be contained therein, and \r\n \r\n(b) whether the books, which by any rules made under this Act a re directed to be \r\nkept by the Official Trustee, have been duly and regularly kept, and \r\n \r\n \r\n1The words \"of the Govt. or\" were ins. by the Official Trustees and Administrator General's Acts Amdt. Act, 1922 (21 of 1922), s. 3. \r\n2The words \"or of the G. of I\" rep. by A. O. , 1937. \r\n3Rep. by the Official Trustees Act, 1913 (2 of 1913). \r\n4The words \"of India\" rep. by Act 21 of 1922, s. 4. \r\n5The words \"of India\" rep by the Official Trustees and Administrator Generals Acts Amdt. Act, 1922 (21 of 1922), s. 4. \r\n \r\nPage 8 of 11 \r\n \r\n(c) whether the trust funds and securities have been duly kept and invested and \r\ndeposited in the manner prescribed by this Act or any rules made thereunder; \r\n \r\n or (as the case may be) that such accounts are deficient, or that the Official Trustee has failed \r\nto comply with this Act or the rules made thereunder, in such respects as may be specified in such \r\ncertificate. \r\n \r\n 20. Auditor’s power to summon witnesses and to call for documents.—(1) Every auditor \r\nshall have the powers of a Civil Court under the Code of Civil Procedure, 1908.(V of 1908). \r\n \r\n(a) to summon any person whose presence he may think necessary to attend him \r\nfrom time to time, and \r\n \r\n(b) to examine any person, on oath to be by him administered, and \r\n \r\n(c) to issue a commission for the examination on interrogatories or otherwise of \r\nany person, and \r\n \r\n(d) to summon any person to produce any document or thing, the production of \r\nwhich appears to be necessary for the purposes of such audit or examination. \r\n \r\n (2) Any person who, when summoned, refuses, or without reasonable cause neglects to attend \r\nor to produce any document or thing or attends and refuses to be sworn, or to be examined shall be \r\ndeemed to have committed an offence within the meaning of, and punishable under, section 188 of \r\nthe Pakistan Penal Code, an d the auditor shall report every case of such refusal or neglect to \r\nGovernment. (XLV of 1860). \r\n \r\n \r\n 21. Costs of audit, etc., how paid. The cost of and incidental to every such audit and ex-\r\namination shall be determined in accordance with rules made by the Government and shall be \r\ndefrayed in the prescribed manner. \r\n \r\n 22. Right of beneficiary to inspection and copies of accounts. Every beneficiary under a \r\ntrust which is being administered by the Official Trustee shall, subject to such conditions and \r\nrestrictions as may be prescribed, be entitled, at all reasonable times, to inspect the accounts of such \r\ntrust, and the report and certificate of the auditor and, on payment of the prescribed fee, to be \r\nfurnished with copies thereof or extracts therefrom, and nothing in the Trusts Act, 1882, shall affect \r\nthe provisions of this section. (II of 1882). \r\n \r\nPART VI \r\nMISCELLANEOUS \r\n \r\n 23. Transfer to Government of accumulations in the hands of Official Trustee. When \r\nany moneys payable to a beneficiary under a trust have been in the hands of any Official Trustee for \r\na period of twelve years or upwards whether before or after the commencement of this Act in \r\nconsequence of the Official Trustee having been unable to trace the person entitled to receive the \r\nsame, such moneys shall be transferred in the prescribed manner to the account and credit of the \r\nGovernment 1* *. \r\n \r\n Provided that no such moneys shall be so transferred if any suit or proceeding is pending in \r\nrespect thereof in any Court. \r\n \r\n1Subs. by A. O., 1937, for \"Secretary of State for India in Council\". \r\n \r\nPage 9 of 11 \r\n \r\n 24. Mode of proceeding by claimant to recover money so transferred.— (1) If any claim \r\nis made to any moneys so transferred [and such claim is established to the satisfaction of the \r\nprescribed authority, the Government 1 * * shall pay to the claimant the amount in respect of which \r\nthe claim is established. \r\n \r\n (2) If such claim is not established to the satisfaction of the prescribed authority, the claimant \r\nmay, without prejudice to his right to take any other proceedings for the recovery of such moneys, \r\napply by petition to the High Court against the 1[Government] and, after taking such evidence as it \r\nthinks fit, such Court shall make such order on the petition in regard to the payment of such moneys \r\nas it thinks fit, and such order shall be binding on all parties to the proceedings: \r\n \r\n 2* * * * * * \r\n \r\n (3) The Court may further direct by whom all or any part of the costs of such proceedings \r\nshall be paid. \r\n \r\n 25. Power of High Court to make orders in respect of property vested in Official \r\nTrustee. The High Court may make such orders as it thinks fit respecting any trust property vested in \r\nthe Official Trustee, or the interest or produce thereof. \r\n \r\n 26. Who may apply for order under Act. Any order under this Act may be made, on the ap-\r\nplication of any person beneficially interested in any trust property or of any trustee thereof. \r\n \r\n 27. Order of Court to have effect of a decree. Any order made by a High Court under this \r\nAct shall have the same effect as a decree. \r\n \r\n 28. General powers of administration. The Official Trustee may, in addition to and not in \r\nderogation of any other powers of expenditure lawfully exercisable by him, incur expenditure— \r\n \r\n(a) on such acts as may be necessary for the proper care and management of any \r\nproperty belonging to any trust administered by him; and \r\n \r\n(b) with the sanction of the High Court on such religious, charitable and other \r\nobjects and on such improve ments as may be reasonable and proper in the \r\ncase of such property. \r\n \r\n 29. Transfer of trust pro perty by Official Trustee to original trustee or any other \r\ntrustee. (1) Nothing in this Act shall be deemed to prevent the transfer by the Official Trustee of any \r\nproperty vested in him to— \r\n \r\n(a) the original trustee (if any); or \r\n \r\n(b) any other lawfully appointed trustee; or \r\n \r\n(c) any other person if the Court so directs. \r\n \r\n (2) Upon such transfer such property shall vest in such trustee, and shall be held by him upon \r\nthe same trusts as those upon which it was held prior to such transfer, and the Official T rustee shall \r\nbe exempt from all liability as trustee of such property except in respect of acts done before such \r\ntransfer: \r\n \r\n1The words \"of India\" rep. by the Official Trustees and Administrator Generals Acts Amdt. Act, 1922 (21 of 1922), s. 4. \r\n2Proviso which was ins. by A. O., 1937, omitted by A. O., 1949, Sch. \r\n \r\nPage 10 of 11 \r\n \r\n Provided that, in the case of any transfer under this section, the Official Trustee shall be \r\nentitled to retain out of the property any fees leviable in accordance with the provisions of this Act. \r\n \r\n 30. Rules.—(1) The Government shall make rul es1 for carrying into effect the objects of this \r\nAct and for regulating the proceedings of the Official Trustee in the discharge of his duties. \r\n \r\n (2) In particular and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for— \r\n \r\n(a) the accounts to be kept by the official Trustee and the audit and inspection \r\nthereof; \r\n \r\n(b) the safe custody, and deposit of the funds and securi ties which come into the \r\nhands of the Official Trustee; \r\n \r\n(c) the remittance of sums of money in the hands of the official Trustee in cases in \r\nwhich such remittances are required; \r\n \r\n(d) the statements, schedules and other documents to be submitted by the Official \r\nTrustee to Government or to any other authority an d the publication of such \r\nstatements, schedules or other documents; \r\n \r\n(e) the realization of the cost of preparing any such statements, schedules or other \r\ndocuments; \r\n \r\n 2* * * * \r\n \r\n(f) subject to the provisions of this Act, the fees to be paid thereun der and the \r\ncollection and accounting for any fees so fixed; \r\n \r\n(g) the manner in which and the person by whom the costs of and incidental to \r\nany audit under the provisions of this Act are to be determined and defrayed; \r\n \r\n(h) the manner in which summons issued under the provisions of section 20 are to \r\nbe served and the pay ment of the expenses of any persons summoned are \r\nexamined under the provisions of this Act and of any expenditure incidental to \r\nsuch examination; \r\n \r\n(i) the acceptance by the Official Tru stee of trusts for religious purposes and \r\ntrusts which involve the management or carrying on of business; and \r\n \r\n(j) any matter in this Act directed to be prescribed. \r\n \r\n (3) Rules made under the provisions of this section shall be published in the official G azette, \r\nand shall thereupon have effect as if enacted in this Act. \r\n \r\n 31. [Division of Presidency into Provinces.], Rep. by A. O., 1937. \r\n \r\n1For rules made by the G. G. in C. for other provinces, see local R. & O. \r\n2Cl. (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 \r\nand Sch. \r\n \r\nPage 11 of 11 \r\n \r\n 32. Saving of Provisions of Registration Act, 1908. Nothing contained in this Act shall be \r\ndeemed to affect the provisions of the Registration Act, 1908. (XVI of 1908). \r\n \r\n 132A. [Saving.] Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 \r\n(XXVII of 1981), s. 3 and Second Schedule. \r\n \r\n 33. [Repeals.] Rep. by the Repealing Act, 1927 (XII of 1927), s. 2 and Schedule. \r\n \r\n THE SCHEDULE.—[ENACTMENTS REPEALED.] Rep. By the Repealing Act, 1927 (XII of \r\n1927), s.2 and Schedule. \r\n \r\n \r\n \r\n_____________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nDate: 11-09-2024 \r\n1This section was previously amended by A. O,. 1937", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:pk-code-04147c8022255ae9:sha256:b29299d0c4a18b4052b1397d1aa595e53bf6c1585a037c77601e4d363d6ccb05:chars-0-1723:806c293b209180358c669799cc88367acff39b62b3e767b131361a7ae2656f0e", "character_start": 0, "character_end": 1723, "utf8_byte_start": 0, "utf8_byte_end": 1727, "passage_sha256": "806c293b209180358c669799cc88367acff39b62b3e767b131361a7ae2656f0e", "reader_fragment": "p-0-1723-806c293b20918035" }, { "passage_id": "law:pk-code-04147c8022255ae9:sha256:b29299d0c4a18b4052b1397d1aa595e53bf6c1585a037c77601e4d363d6ccb05:chars-1723-3431:abff6f5ffc1fd530b1c442556a1c128bda388f6d6b92affc7d4a2e60a378d76d", "character_start": 1723, "character_end": 3431, "utf8_byte_start": 1727, "utf8_byte_end": 3441, "passage_sha256": "abff6f5ffc1fd530b1c442556a1c128bda388f6d6b92affc7d4a2e60a378d76d", "reader_fragment": "p-1723-3431-abff6f5ffc1fd530" }, { "passage_id": "law:pk-code-04147c8022255ae9:sha256:b29299d0c4a18b4052b1397d1aa595e53bf6c1585a037c77601e4d363d6ccb05:chars-3431-5196:71c73e2b6f027c138702456b4d3adb0c7cc280b6ea07417d6b10dd3d5923d8cc", "character_start": 3431, "character_end": 5196, "utf8_byte_start": 3441, "utf8_byte_end": 5208, "passage_sha256": "71c73e2b6f027c138702456b4d3adb0c7cc280b6ea07417d6b10dd3d5923d8cc", "reader_fragment": "p-3431-5196-71c73e2b6f027c13" }, { "passage_id": "law:pk-code-04147c8022255ae9:sha256:b29299d0c4a18b4052b1397d1aa595e53bf6c1585a037c77601e4d363d6ccb05:chars-5196-6918:166ea99a3b5b684e20b8f7a38fda9f301ac2d5c7944c5d88b6167ca7902689cf", "character_start": 5196, "character_end": 6918, "utf8_byte_start": 5208, "utf8_byte_end": 6934, "passage_sha256": "166ea99a3b5b684e20b8f7a38fda9f301ac2d5c7944c5d88b6167ca7902689cf", "reader_fragment": "p-5196-6918-166ea99a3b5b684e" }, { "passage_id": "law:pk-code-04147c8022255ae9:sha256:b29299d0c4a18b4052b1397d1aa595e53bf6c1585a037c77601e4d363d6ccb05:chars-6918-8702:1a73a76f0c39e55e92a4935ffbcd60682e75e5556bfc43a1bc44890c17de3a44", "character_start": 6918, "character_end": 8702, "utf8_byte_start": 6934, "utf8_byte_end": 8720, "passage_sha256": "1a73a76f0c39e55e92a4935ffbcd60682e75e5556bfc43a1bc44890c17de3a44", "reader_fragment": "p-6918-8702-1a73a76f0c39e55e" }, { "passage_id": "law:pk-code-04147c8022255ae9:sha256:b29299d0c4a18b4052b1397d1aa595e53bf6c1585a037c77601e4d363d6ccb05:chars-8702-10425:3087719923482ca6341b5a9abfcac0113e9e6b40aba02544ff56d673ef6c71c8", "character_start": 8702, "character_end": 10425, "utf8_byte_start": 8720, "utf8_byte_end": 10445, "passage_sha256": "3087719923482ca6341b5a9abfcac0113e9e6b40aba02544ff56d673ef6c71c8", "reader_fragment": "p-8702-10425-3087719923482ca6" }, { "passage_id": "law:pk-code-04147c8022255ae9:sha256:b29299d0c4a18b4052b1397d1aa595e53bf6c1585a037c77601e4d363d6ccb05:chars-10425-12213:f6f215480869792885edec173019a03a208b57feda18ac59625633dced218548", "character_start": 10425, "character_end": 12213, "utf8_byte_start": 10445, "utf8_byte_end": 12235, "passage_sha256": "f6f215480869792885edec173019a03a208b57feda18ac59625633dced218548", "reader_fragment": "p-10425-12213-f6f2154808697928" }, { "passage_id": "law:pk-code-04147c8022255ae9:sha256:b29299d0c4a18b4052b1397d1aa595e53bf6c1585a037c77601e4d363d6ccb05:chars-12213-13951:0473d0371bcb7303210416610e35a92e4cac06d7fb013d19de66b7633bcf80fd", "character_start": 12213, "character_end": 13951, "utf8_byte_start": 12235, "utf8_byte_end": 13977, "passage_sha256": "0473d0371bcb7303210416610e35a92e4cac06d7fb013d19de66b7633bcf80fd", "reader_fragment": "p-12213-13951-0473d0371bcb7303" }, { "passage_id": "law:pk-code-04147c8022255ae9:sha256:b29299d0c4a18b4052b1397d1aa595e53bf6c1585a037c77601e4d363d6ccb05:chars-13951-15734:864cb05cb9315eb2c965e43fce77a43b26afc0ccbe8b611f467fdc8b6d8dab4a", "character_start": 13951, "character_end": 15734, "utf8_byte_start": 13977, "utf8_byte_end": 15762, "passage_sha256": "864cb05cb9315eb2c965e43fce77a43b26afc0ccbe8b611f467fdc8b6d8dab4a", "reader_fragment": "p-13951-15734-864cb05cb9315eb2" }, { "passage_id": "law:pk-code-04147c8022255ae9:sha256:b29299d0c4a18b4052b1397d1aa595e53bf6c1585a037c77601e4d363d6ccb05:chars-15734-17493:a46ebb827b9b83ec4b00c9b40348961b60944f5369e6d550ed522d5d2560e280", "character_start": 15734, "character_end": 17493, "utf8_byte_start": 15762, "utf8_byte_end": 17525, "passage_sha256": "a46ebb827b9b83ec4b00c9b40348961b60944f5369e6d550ed522d5d2560e280", "reader_fragment": "p-15734-17493-a46ebb827b9b83ec" }, { "passage_id": "law:pk-code-04147c8022255ae9:sha256:b29299d0c4a18b4052b1397d1aa595e53bf6c1585a037c77601e4d363d6ccb05:chars-17493-19287:7fb0b98631e4e5a0864b97320db3ac4cbbf680b13691672de749431211efa3c5", "character_start": 17493, "character_end": 19287, "utf8_byte_start": 17525, "utf8_byte_end": 19327, "passage_sha256": "7fb0b98631e4e5a0864b97320db3ac4cbbf680b13691672de749431211efa3c5", "reader_fragment": "p-17493-19287-7fb0b98631e4e5a0" }, { "passage_id": "law:pk-code-04147c8022255ae9:sha256:b29299d0c4a18b4052b1397d1aa595e53bf6c1585a037c77601e4d363d6ccb05:chars-19287-21066:895c18df0683e5b90e578e775057460e7b2a9360291d7b7c00319e9db7cba8c4", "character_start": 19287, "character_end": 21066, "utf8_byte_start": 19327, "utf8_byte_end": 21106, "passage_sha256": "895c18df0683e5b90e578e775057460e7b2a9360291d7b7c00319e9db7cba8c4", "reader_fragment": "p-19287-21066-895c18df0683e5b9" }, { "passage_id": "law:pk-code-04147c8022255ae9:sha256:b29299d0c4a18b4052b1397d1aa595e53bf6c1585a037c77601e4d363d6ccb05:chars-21066-22833:339a85822cd759e1b2eeb21076a7fb9f34ba203616fe5613d2d27bddfc72094a", "character_start": 21066, "character_end": 22833, "utf8_byte_start": 21106, "utf8_byte_end": 22875, "passage_sha256": "339a85822cd759e1b2eeb21076a7fb9f34ba203616fe5613d2d27bddfc72094a", "reader_fragment": "p-21066-22833-339a85822cd759e1" }, { "passage_id": "law:pk-code-04147c8022255ae9:sha256:b29299d0c4a18b4052b1397d1aa595e53bf6c1585a037c77601e4d363d6ccb05:chars-22833-24551:6e98e94f73660d3a4f80cdb5ec4f57549f4262efe539339b17bafe05da43199b", "character_start": 22833, "character_end": 24551, "utf8_byte_start": 22875, "utf8_byte_end": 24597, "passage_sha256": "6e98e94f73660d3a4f80cdb5ec4f57549f4262efe539339b17bafe05da43199b", "reader_fragment": "p-22833-24551-6e98e94f73660d3a" }, { "passage_id": "law:pk-code-04147c8022255ae9:sha256:b29299d0c4a18b4052b1397d1aa595e53bf6c1585a037c77601e4d363d6ccb05:chars-24551-26278:2d67566a56f91ae6ff4e977b4a5ebb012350b209701a1b0d7f3917f83bf603f6", "character_start": 24551, "character_end": 26278, "utf8_byte_start": 24597, "utf8_byte_end": 26328, "passage_sha256": "2d67566a56f91ae6ff4e977b4a5ebb012350b209701a1b0d7f3917f83bf603f6", "reader_fragment": "p-24551-26278-2d67566a56f91ae6" }, { "passage_id": "law:pk-code-04147c8022255ae9:sha256:b29299d0c4a18b4052b1397d1aa595e53bf6c1585a037c77601e4d363d6ccb05:chars-26278-27956:9df828981e8ac5d0692d3d8684be605fce5061b23d1fddf375f5e096768c5d28", "character_start": 26278, "character_end": 27956, "utf8_byte_start": 26328, "utf8_byte_end": 28008, "passage_sha256": "9df828981e8ac5d0692d3d8684be605fce5061b23d1fddf375f5e096768c5d28", "reader_fragment": "p-26278-27956-9df828981e8ac5d0" } ] }