CHARITABLE AND RELIGIOUS TRUSTS ACT, 1920

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Charitable and Religious Trusts 
1920: Act XIV 
CONTENTS 
1. Short title and extent. 
2. Interpretation. 
3. Power to apply to the Court in respect of trusts of a charitable or religious 
nature. 
4. Contents and verification of petition. 
5. Procedure on petition. 
6. Failure of trustee to comply with order under section 5. 
7. Powers of trustee to apply for directions. 
8. Costs of petition under this Act. 
9. Savings.  
10. Power of Courts as to costs in certain suits against trustees of charitable and 
religious trusts. 
11. Provisions of the Code of Civil Procedure to apply. 
12. Appeal. 
THE CHARITABLE AND RELIGIOUS 
TRUSTS ACT, 1920 
(XIV of 1920) 
 
TEXT 
1
THE CHARITABLE AND RELIGIOUS TRUSTS ACT, 1920 
2
(XIV of 1920) 
[2 April 1920] 
An 
Act 
to provide more effectual control over the administration of Charitable and Religious Trusts 
 WHEREAS it is expedient to provide facilities for the obtaining of information 
regarding trust created for public purposes of a charitable or religious nature, and to enable 
the trustees of such trusts to obtain the directions of a Court on certain matters, and to make 
special provision for the payment of the expenditure incurred in certain suits against the 
trustees of such trusts; 
It is hereby enacted as follows:– 
1.  Short title and extent. – (1) This Act may be called the Charitable and Religious 
Trusts Act, 1920. 
(2) 
3
[It extends to the whole of Punjab: 
Provided that the Government may, by notification in the official Gazette, direct that 
this Act, or any specified part thereof, shall not extend to any specified area o r to any 
specified trust or class of trusts.]  
2. 
4
[Interpretation.– In this Act: 
(a) “Court” means the Court of the District Judge or any other Court empowered 
in that behalf by the Government and includes the Lahore High Court in the 
exercise of its ordinary original civil jurisdiction; and 
(b) “Government” means Government of the Punjab.] 
3.  Power to apply to the Court in respect of trusts of a charitable or religious 
nature.– Save as hereinafter provided in this Act, any person having an interest in an y 
express or constructive trust created or existing for a public purpose of a charitable or 
religious nature may apply by petition to the Court within the local limits of whose jurisdiction 
any substantial part of the subject-matter of the trust is situate to obtain an order embodying 
all or any of the following directions, namely:– 
(1) directing the trustee to furnish the petitioner through the Court with particulars 
as to the nature and objects of the trust, and of the value, condition, management and 
application of the subject-matter of the trust, and of the income belonging thereto, or as any 
of these matters, and 
(2) directing that the accounts of the trusts shall be examined and audited: 
  Provided that no person shall apply for any such direction in r espect of accounts 
relating to a period more than three years prior to the date of the petition. 
                                                           
1For Statement of Objects and Reasons, see G azette of India, 1919 Part -V, p. 88; for Report of Select Committee, see  ibid., 
1920, Part-V, p. 85; and for Proceedings in Council, see ibid., 1919, Part-VI, p. 879, and ibid., 1920, Part- VI, pp. 49 and 787. 
2The following Act of the Indian Legislative C ouncil received the assent of the Governor General on the 20 th March, 1920, and 
published in the Punjab Gazette, Part-IV, dated 2nd April, 1920, pp. 49-50. 
3Substituted by the Charitable and Religious Trusts (Amendment) Act, 2012 (X of 2012), published in the Punjab Gazette 
(Extraordinary), dated February 11, 2012, pp. 40137-40138, s. 2. 
4Ibid. 
4. Contents and verification of petition. – (1) The petition shall show in what way the 
petitioner claims to be interested in the trust, and shall specify, as f ar as may be, the 
particulars and the audit which he seeks to obtain. 
 (2) The petition shall be in writing and shall be signed and verified in the manner 
prescribed by the Code of Civil Procedure, 1908
1
, for signing and verifying plaints. 
5. Procedure on petition.– (1) If the Court on receipt of a petition under section 3, after 
taking such evidence and making such inquiry, if any, as it may consider necessary, is of 
opinion that the trust to which the petition relates is a trust to which this Act applies,  and that 
the petitioner has an interest therein, it shall fix a date for the hearing of the petition, and 
shall cause a copy thereof, together with notice of the date so fixed, to be served on the 
trustee and upon any other person to whom in its opinion n otice of the petition should be 
given. 
 (2) On the date fixed for the hearing of the petition, or on any subsequent date to 
which the hearing may be adjourned, the Court shall proceed to hear the petitioner and the 
trustee, if he appears, and any other per son who has appeared in consequence of the 
notice, or who it considers ought to be heard, and shall make such further inquiries, if any, 
as it thinks fit. The trustee may and, if so required by the court, shall at the time of the first 
hearing or within such time as the Court may permit present a written statement of his case. 
If he does present a written statement, the statement shall be signed and verified in the 
manner prescribed by the Code of Civil Procedure, 1908
2
, for signing and verifying 
pleadings. 
 (3) If any person appears at the hearing of the petition and either denies the 
existence of the trust or denies that it is a trust to which this Act applies, and undertakes to 
institute within three months a suit for a declaration to that effect and for any other 
appropriate relief, the Court shall order a stay of the proceedings and, if such suit is so 
instituted, shall continue the stay until the suit is finally decided. 
 (4) If no such undertaking is given, or if after the expiry of the three months no  
such suit has been instituted, the Court shall itself decide the question. 
 (5) On completion of the inquiry provided for in sub -section (2), the Court shall 
either dismiss the petition or pass thereon such other order as it thinks fit: 
 Provided that, where a suit has been instituted in accordance with the provisions of 
sub-section (3), no order shall be passed by the Court which conflicts with the final decision 
therein. 
 (6) Save as provided in this section, the Court shall not try or determine any 
question of title between the petitioner and any person claiming title adversely to the trust. 
6. Failure of trustee to comply with order under section 5 .– If a trustee without 
reasonable excuse fails to comply with an order made under sub -section (5) of secti on 5, 
such trustee shall, without prejudice to any other penalty or liability which he may incur under 
any law for the time being in force, be deemed to have committed a breach of trust affording 
ground for a suit under the provisions of section 92 of the Code of Civil Procedure, 1908
3
; 
and any such suit may, so far as it is based on such failure, be instituted without the previous 
consent of the Advocate General. 
7. Powers of trustee to apply for directions.– (1) Save as hereinafter provided in this 
Act, any trustee of an express or constructive trust created or existing for a public purpose of 
                                                           
1V of 1908.  
2V of 1908. 
3V of 1908. 
a charitable or religious nature may apply by petition to the Court, within the local limits of 
whose jurisdiction any substantial part of the subject -matter of the trust is situate, for the 
opinion, advise or direction of the Court on any question affecting the management or 
administration of the trust property, and the Court shall give its opinion, advice or direction, 
as the case may be, thereon: 
 Provided that the  Court shall not be bound to give such opinion, advice or direction 
on any question which it considers to be a question not proper for summary disposal. 
 (2) The Court on a petition under sub -section (1), may either give its opinion, 
advice or direction th ereon forthwith, or fix a date for the hearing of the petition, and may 
direct a copy thereof, together with notice of the date so fixed, to be served on such of the 
persons interested in the trust, or to be published for information in such manner, as it thinks 
fit. 
 (3) On any date fixed under sub -section (2) or any subsequent date to which the 
hearing may be adjourned, the Court, before giving any opinion, advice or direction, shall 
afford a reasonable opportunity of being heard to all persons appearing in connection with 
the petition. 
 (4) A trustee stating in good faith the facts of any matter relating to the trust in a 
petition under sub-section (1), and acting upon the opinion, advice or direction of the Court 
given thereon, shall be deemed, as far as  his own responsibility is concerned, to have 
discharged his duty as such trustee in the matter in respect of which the petition was made. 
8. Costs of petition under this Act .– The costs, charges and expenses of and 
incidental to any petition, and all proc eedings in connection therewith, under the foregoing 
provisions of this Act, shall be in the discretion of the Court, which may direct the whole or 
any part of any such costs, charges and expenses to be met from the property or income of 
the trust in respe ct of which the petition is made, or to be borne and paid in such manner 
and by such persons as it thinks fit: 
 Provided that no such order shall be made against any person (other than the 
petitioner) who has not received notice of the petition and had a r easonable opportunity of 
being heard thereon. 
9. Savings.– No petition under the foregoing provisions of this Act in relation to any 
trust shall be entertained in any of the following circumstances, namely:– 
(a) if a suit instituted in accordance with the provisions of section 92 of the Code 
of Civil Procedure, 1908
1
, is pending in respect of the trust in question; 
(b) if the trust property is vested in the Treasurer of Charitable Endowments, the 
Administrator-General, the Official Trustee, or any Society r egistered under 
the Societies Registration Act, 1860
2
; or 
(c) if a scheme for the administration of the trust property has been settled or 
approved by any Court of competent jurisdiction, or by any other authority 
acting under the provisions of any enactment. 
10. Power of Courts as to costs in certain suits against trustees of charitable and 
religious trusts.– (1) In any suit instituted 
3
[* * * * * * * *] under section 92 of the Code of 
Civil Procedure, 1908
4
, the Court trying such suit may, if, on applicat ion of the plaintiff and 
                                                           
1V of 1908. 
2XXI of 1960. 
3Omitted the words “ under section 14 of the Religious Endowments Act, 1863, or ” by the Federal Laws (R evision and 
Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), dated 8 th July, 1981, published in the Gazette of Pakistan 
(Extraordinary), dated July 8, 1981, pp. 1-517, s. 3 and Schedule II. 
4V of 1908. 
after hearing the defendant and making such inquiry as it thinks fit, it is satisfied that such an 
order is necessary in the public interest, direct the defendant either to furnish security for any 
expenditure incurred, or likely t o be incurred, by the plaintiff in instituting and maintaining 
such suit, or to deposit from any money in his hands as trustee of the trust to which the suit 
relates such sum as such Court considers sufficient to meet such expenditure in whole or in 
part. 
 (2) When any money has been deposited in accordance with an order made 
under sub-section (1), the Court may make over to the plaintiff the whole or any part of such 
sum for the conduct of the suit. Before making over any sum to the plaintiff, the Court sh all 
take security from the plaintiff for the refund of the same in the event of such refund being 
subsequently ordered by the Court. 
11. Provisions of the Code of Civil Procedure to apply .– (1) The provisions of the 
Code of Civil Procedure, 1908
1
, relating to– 
(a) the proof of facts by affidavit, 
(b) the enforcing of the attendance of any person and his examination on oath, 
(c) the enforcing of the production of documents, and 
(d) the issuing of commissions, shall apply to all proceedings under this Act, an d 
the provisions relating to the service of summonses shall apply to the service 
of notice thereunder. 
 (2) The provisions of the said Code relating to the execution of decrees shall, so 
far as they are applicable, apply to the execution of orders under this Act. 
12. 
2
[Appeal.– Any person aggrieved by an order passed, or direction given under this 
Act, may, within ninety days of the date of such order or direction prefer an appeal to the 
High Court.] 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1V of 1908. 
2Substituted by the Charitable and Religious Trusts (Amendment) Act, 1987 (XII of 1987), dated 29 th March, 1987, published in 
the Gazette of Pakistan (Extraordinary), dated November 16, 1987, pp. 1-62, s. 2.