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  "title": "Charitable and Religious Trusts Act, 1920",
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  "text": "Page 1 of 5 \r\n \r\n \r\n \r\nTHE CHARITABLE AND RELIGIOUS TRUSTS ACT, 1920  \r\n \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n \r\n        \r\n1  Short title and extent. \r\n2  Interpretation. \r\n3  Power to apply to the Court in respect of trusts of a charitable or religious nature. \r\n4  Contents and verification of petition. \r\n5  Procedure on petition. \r\n6  Failure of trustee to comply with order under section 5. \r\n7  Powers of trustee to apply for directions. \r\n8  Costs of petition under this Act. \r\n9  Savings.  \r\n10  Power of Courts as to costs in certain suits against trustees of charitable and religious trusts.  \r\n11  Provisions of the code of Civil Procedure to apply.  \r\n12  Appeal. \r\n  \r\n\r\n \r\nPage 2 of 5 \r\n \r\nTHE CHARITABLE AND RELIGIOUS TRUSTS ACT, 1920 \r\n1ACT No. XIV OF 1920 \r\n[20th March, 1920]  \r\n \r\nAn Act to provide more effectual control over the administration of Charitable and Religious Trusts. \r\n \r\n WHEREAS it is expedient to provide facilities for the obtaining of information regarding trusts \r\ncreated for public purposes of a charitable or religious nature, and to enable the trustees of such trusts \r\nto obtain the directions of a Court on certain matters, and to make special provision for the payment \r\nof the expenditure incurred in certain suits against the trustees of such trusts; It is hereby enacted a s \r\nfollows: \r\n \r\n 1. Short title and extent. —(1) This Act may be called the Charitable and Religious Trusts \r\nAct, 1920. \r\n  \r\n (2) It extends to 2[the whole of the Pakistan]: \r\n  \r\n Provided that the 3[Government of any Province] may, by notification in the 4[official Gazette] \r\ndirect that this Act, or any specified part thereof, shall 5not extend to 6[that Province or any specified \r\narea therein] or to any specified trust or class of trusts. \r\n \r\n 2. Interpretation. In this Act, unless there is anything repugnant in the subject or context, “the \r\nCourt” means th e Court of the District Judge 7[or any other Court em powered in that behalf by the \r\n8[Provincial Government]] and includes the High Court in the exercise of its ordinary original civil \r\njurisdiction.  \r\n \r\n 3. Power to apply to the Court in respect of trusts of a charitable or religious nature. Save \r\nas hereinafter provided in this Act, any person having an interest in any express or constructive trust \r\ncreated or existing for a public purpose of a charitable or religious nature may apply by petition to the \r\nCourt within the local limits of whose jurisdiction any substantial part of the subject matter of the trust \r\nis situate to obtain an order embodying all or any of the following directions, namely: — \r\n \r\n (1) directing the trustee to furnish the petitioner through the Court with particulars as to the \r\nnature and objects of the trust, and of the value, condition, management and application of the subject-\r\nmatter of the trust, and of the income belonging thereto, or as to any of these matters, and  \r\n \r\n \r\n \r\n \r\n \r\n \r\n1 For Statement of Objects and Reasons, see Gazette of India, 1919 Pt. V, p. 88; for Report of Select Committee, see ibid., 1920, Pt. V, p. 85; and for \r\nProceedings in Council, see ibid., 1919, Pt. VI, p. 879, and ibid.,1920, Pt. VI, pp. 49 and 787. \r\nThis Act has been rep. in the N.W.F.P by the N.W.F.P. Muslim Wakfs Act, 1947 (N.W.F.P. Act 22 of 1947), s. 37 and Sch. It has  been extended to the \r\nExcluded Area of Upper Tanawal (N.W.F .P.) other than Phulera with effect from such date and subject to such modifications as may be notified. see \r\nN.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation. 1950.  \r\n2 Subs. by Ordinance 21 of 1960, s. 3 and 2nd Sch. ( with effect from the 14th October, 1955), for “all the Provinces and the Capital of the Federation” \r\nwhich had been subs. by A.O., 1949, for “the whole of British India”.  \r\n3 Subs. by A.O., 1937, for “G.G. in C.”  \r\n4 Subs. ibid., for “Gazette of India”.  \r\n5For notification directing that this Act shall not extend to the N.W.F.P., see Gen. R. & O. \r\n6 Subs. by A.O., 1937, for “any specified Province or area”. \r\n7 Ins. by the Charitable and Religious Trust (Amdt.) Act, 1923 (41 of 1923), s. 2.  \r\n8 Subs. by A.O., 1937, for “L.G.”. \r\n \r\nPage 3 of 5 \r\n \r\n (2) directing that the accounts of the trust shall be examined and audited: \r\n  \r\n Provided that no person shall apply for any such direction in respect of accounts relating to a \r\nperiod more than three years prior to the date of the petition. \r\n \r\n 4. Contents and verification of petition. —(1) The petition shall show in what way the \r\npetitioner claims to be interested in the trust, and shall specify, as far as may be, the particulars and the \r\naudit which he seeks to obtain. \r\n \r\n (2) The petition shall be in writing and shall be signed and verified in the manner prescribed \r\nby the Code of Civil Procedure, 1908 (V of 1908), for signing and verifying plaints. \r\n \r\n 5. Procedure on petition.—(1) If the Court on receipt of a petition under section 3, after taking \r\nsuch evidence and making such inquiry, if any, as it may consider necessary, is of opinion that the trust \r\nto which the petition relates is a trust to which this Act applies, and that the petitioner has an interest \r\ntherein, it shall fix a date for the hearing of the petition, and shall cause a copy thereof, together with \r\nnotice of the date so fixed, to be served on the trustee and upon any other person to whom in its opinion \r\nnotice of the petition should be given.  \r\n \r\n (2) On the date f ixed for the hearing of the petition, or on any subsequent date to which the \r\nhearing may be adjourned, the Court shall proceed to hear the petitioner and the trustee, if he appears, \r\nand any other person who has appeared in consequence of the notice, or who  it considers ought to be \r\nheard, and shall make such further inquiries, if any, as it thinks fit. The trustee may and, if so required \r\nby the Court, shall, at the time of the first hearing or within such time as the Court may permit, present \r\na written state ment of his case. If he does present a written statement, the statement shall be signed \r\nand verified in the manner prescribed by the Code of Civil Procedure, 1908 (V of 1908), for signing \r\nand verifying pleadings. \r\n \r\n (3) If any person appears at the hearing of the petition and either denies the existence of the \r\ntrust or denies that it is a trust to which this Act applies, and undertakes to institute within three months \r\na suit for a declaration to that effect and for any other appropriate relief, the Court shall order a stay of \r\nthe proceedings and, if such suit is so instituted, shall continue the stay, until the suit is finally decided. \r\n \r\n (4) If no such undertaking is given, or if after the expiry of the three months no such suit has \r\nbeen instituted, the Court shall itself decide the question. \r\n  \r\n (5) On completion of the inquiry provided for in sub-section (2), the Court shall either dismiss \r\nthe petition or pass thereon such other order as it thinks fit: \r\n \r\nProvided that, where a suit has been instituted in acco rdance with the provisions of                   \r\nsub-section (3), no order shall be passed by the Court which conflicts with the final decision therein. \r\n  \r\n (6) Save as provided in this section, the Court shall not try or determine any question of title \r\nbetween the petitioner and any person claiming title adversely to the trust. \r\n \r\n 6. Failure of trustee to comply with order under section 5.— If a trustee without reasonable \r\nexcuse fails to comply with an order made under sub-section (5) of section 5, such trustee shall, without \r\nprejudice to any other penalty or liability which he may incur under any law for the time being in force, \r\nbe deemed to have committed a breach of trust affording ground for a suit under the provisions o f \r\nsection 92 of the Code of Civil Procedure, 1908 (V of 1908); and any such suit may, so far as it is \r\nbased on such failure, be instituted without the previous consent of the Advocate General.  \r\n \r\nPage 4 of 5 \r\n \r\n 7. Powers of trustee to apply for directions. —(1) Save as her einafter provided in this Act, \r\nany trustee of an express or constructive trust created or existing for public purpose of a charitable or \r\nreligious nature may apply by petition to the Court, within the local limits of whose jurisdiction any \r\nsubstantial part of the subject-matter of the trust is situate, for the opinion, advice or direction of the \r\nCourt on any question affecting the management or administration of the trust property, and the Court \r\nshall give its opinion, advice or direction, as the case may be, thereon:  \r\n \r\n Provided that the Court shall not be bound to give such opinion, advice or direction on any \r\nquestion which it considers to be a question not proper for summary disposal. \r\n \r\n (2) The Court on a petition under sub -section (1), may either give its opinion, advice or \r\ndirection thereon forthwith, or fix a date for the hearing of the petition, and may direct a copy thereof, \r\ntogether with notice of the date so fixed, to be served on such of the persons interested in the trust, or \r\nto be published for information in such manner, as it thinks fit.  \r\n  \r\n (3) On any date fixed under sub -section (2) or on any subsequent date to which the hearing \r\nmay be adjourned, the Court, before giving any opinion, advice or direction, shall afford a reasonable \r\nopportunity of being heard to all persons appearing in connection with the petition. \r\n \r\n (4) A trustee stating in good faith the facts of any matter relating to the trust in a petition under \r\nsub-section (1), and acting upon the opinion, advice or direction of the Cou rt given thereon, shall be \r\ndeemed, as far as his own responsibility is concerned, to have discharged his duty as such trustee in \r\nthe matter in respect of which the petition was made.  \r\n \r\n 8. Costs of petition under this Act. — The costs, charges and expenses of and incidental to \r\nany petition, and all proceedings in connection therewith, under the foregoing provisions of this Act, \r\nshall be in the discretion of the Court, which may direct the whole or any part of any such costs, charges \r\nand expenses to be met fr om the property or income of the trust in respect of which the petition is \r\nmade, or to be borne and paid in such manner and by such persons as it thinks fit:  \r\n \r\n Provided that no such order shall be made against any person (other than the petitioner) who \r\nhas not received notice of the petition and had a reasonable opportunity of being heard thereon.  \r\n \r\n 9. Savings.— No petition under the foregoing provisions of this Act in relation to any trust \r\nshall be entertained in any of the following circumstances, namely:— \r\n \r\n (a)  if a suit instituted in accordance with the provisions of section 92 of the Code \r\n of Civil Procedure,  1908 (V of 1908) , is pending in r espect of the trust in \r\n question ; \r\n  \r\n (b)  if the trust property is vested in the Treasurer of Charitable Endowments, the \r\n Administrator-General, the Official Trustee, or any Society registered under the \r\n Societies Registration Act, 1860 (XXI of 1860) ; or \r\n \r\n(c)  if a scheme for the administration o f the trust property has been settled, or \r\napproved by any Court of competent jurisdiction, or by a ny other authority \r\nacting under the provision of any enactment. \r\n \r\n \r\n1Certain words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), S. 3 and Sch. II. \r\n \r\nPage 5 of 5 \r\n \r\n 10. Power of Courts as to costs in certain suits against trustees of charitable and religious \r\ntrusts.—(1) In any suit instituted 1 * * * under section 92 of the Code of Civil Procedure, 1908 (V of \r\n1908), the Court trying such suit may, if, on application of the plaintiff and after hearing the defendant \r\nand making such inquiry as it thinks fit, it is satisfied that such an  order is necessar y in the public \r\ninterest, direct the defendant and either to furnish security for nay expenditure incurred or likely to be \r\nincurred by the plaintiff in instituting and maintaining such suit, or to deposit from any money in his \r\nhands as trustees of the trus t to which the suit relates such sum  as such Court considers sufficient to \r\nmeet such expenditure in whole or in part. \r\n \r\n(2) When any money has been deposited in accordance with an order made under sub-\r\nsection (1), the Court may make over to the plaintiff the whole or any part of such sum for the conduct \r\nof the suit. Before making over any sum to the plaintiff, the Court shall take security from the plaintiff \r\nfor the refund of the same in the event of such refund of the same in the event of such refund being \r\nsubsequently ordered by the Court. \r\n \r\n 11. Provisions of the code of Civil Procedure to apply. —(1) The provisions of the Code of \r\nCivil Procedure, 1908 (V of 1908), relating to— \r\n \r\n(a)  the proof of facts by affidavit, \r\n   \r\n (b)  the enforcing of the attendance of any person and his examination on oath, \r\n \r\n (c)  the enforcing of the production of documents, and  \r\n \r\n (d)  the issuing of commissions, \r\n \r\nshall apply to all proceedings under this Act, and the provisions relating to the service of summonses \r\nshall apply to the service of notices thereunder. \r\n \r\n(2) The provisions of the said Code relating to the execution of decrees shall, so far they \r\nare applicable, apply to the execution of orders under this Act. \r\n \r\n [12. Appeal.— Any person aggrieved by an order passed, or direction given under this A ct, \r\nmay, within ninety days of the date of such order or direction prefer an appeal to the High Court.]",
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