OFFICIAL TRUSTEES ACT, 1913

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 0c8d28504ba91e6125e2807bdde4980cf46675f864a8bcdab785b34079b00690.

THE OFFICIAL TRUSTEES ACT, 1913 
(II of 1913) 
CONTENTS 
PART I 
Preliminary 
1. Short title, extent and commencement. 
2. Interpretation clause. 
3. [Omitted] 
PART II 
The Office of Official Trustee 
4. Official Trustees. 
5. Appointment and powers of Deputy 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. 
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 tru stee 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 priv ate 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. 
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 Official 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. [Omitted] 
32. Saving of provisions of Registration Act, 1908. 
32A. [Omitted] 
33. [Repealed] 
  
TEXT 
1
THE OFFICIAL TRUSTEES ACT, 1913 
(II of 1913) 
[1 March 1913] 
An 
Act 
to consolidate and amend the Law constituting the office of Official Trustee. 
 WHEREAS it is expedien t to consolidate and amend the l aw 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
[
3
[
4
[It extends to whole of the Punjab.]]]  
(3) 
5
[It shall come into force at once.] 
2. Interpretation clause.– In this Act  unless there is anything repugna nt in the 
subject or context,– 
(1) 
6
[
7
[
8
[“Government” means Government of the Punjab; and]]] 
 
1
For 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. 15-16 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, pp. 1499-1501. 
This Act was originally in the Federal ambit, however, the subject on which this law was enacted, devolved to the provinces b y 
virtue of 18 th Amendment in the Constitution, hence it was adapted, with amendments, for the Province of the Punjab by the 
Official Trustees (Amendment) Act 2012 (VII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11. 02.2012, 
pp. 40129-40130. 
This Act received the assent of Governor General on 27.02.1913 and published in the Gazette of India, Part -IV, dated 
01.03.1913 pp. 3-8 and also published in the Punjab Gazette, Part IV, dated 7.03.1913, pp. 3-8. 
2
Amended by the Federal Laws (Revision and Declaration) Act, 1951  (XXVI of 1951) , published in the Gazette of Pakistan 
(Extraordinary), dated May 12, 1951, pp. 340-388. 
3
Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinan ce No. XXI of 1960), published in the Gazette of 
Pakistan (Extraordinary), dated June 9, 1960, pp. 725-795, s. 3 read with para 1 of the Second Schedule.  
4
Substituted for the words “It extends to the whole of Pakistan” by the Official Trustees (Amendment) Act, 2012 (VII of 2012), 
dated 11th February, 2012, published in the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40129-40130. 
5
Substituted for the words “It shall come into force on such date as the Governor General in Council, by Notification in the 
Gazette of India, m ay direct”  by the Official Trustees (Amendment) Act, 2012 (VII of 2012), dated 11 th February, 2012, 
published in the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40129-40130. 
6
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, 1937, published in the 
Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-146, s. 2. 
7
Omitted the commas and words “, and, in relation to citizens of Pakistan in Acceding States the Federal Government” by the 
Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), dated 8th July, 1981, published in the 
Gazette of Pakistan (Extraordinary), Part I, dated July 8, 1981, pp. 345-411.  
8
Substituted for the words ““Government or the Government” means in relation to any Province, the Provincial Government, 
and, in relation to British subjects in Indian S tates, the Central Government.” by the Official Trustees (Amendment) Act, 2012 
(2) 
1
[
2
[
3
[ * * * * * * * * ]]] 
(3) 
4
[*  * * * * * * * *   ] 
(4) “Prescribed” means prescribed by rules under this Act:  
(5) 
5
[* * * * * * * * *   ] 
(6) 
6
[* * * * * * * * *   ] 
7
[(7) 
8
[* * * * * * * * *   ] 
9
[(8) 
10
[* * * * * * * * *  ]] 
3. 
11
[ * * * * * * * * *   ] 
PART II 
The Office of Official Trustee 
4. 
12
[Official Trustees.– (1) 
13
[
14
[The Government shall appoint an Official Trustee 
for the Province.]] 
 
(VII of 2012), dated 11th February, 2012, published in the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40129-
40130.  
1
Substituted by the Government of India (Ad aptation of Indian Laws) Order, 1937, dated 18 th March, 1937, published in the 
Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-146, s. 2. 
2
Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinan ce No. XXI of 1960), published  in the Gazette of 
Pakistan (Extraordinary), dated June 9, 1960, pp. 725-795, s. 3 read with para 2 of the Second Schedule. 
3
Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), dated 8th July, 1981, 
published in the Gazette of Pakistan (Extraordinary), Part I, dated July 8, 1981, pp. 345-411. 
4
Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette 
of India (Extraordinary), dated April 1, 1937, pp. 75-146, s. 2. 
5
Ibid. 
6
Ibid. 
7
Inserted by the Official Trustees and Administrator General’s Acts Amendment Act, 1922 (XXI of 1922), published in the 
Gazette of India, Part-IV, dated October 7, 1922 p. 86, s. 2. 
8
Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette 
of India (Extraordinary), dated April 1, 1937, pp. 75-146, s. 2. 
9
Inserted by the Order ibid. 
10
Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 ( Ordinance No. XXVII of 1981), dated 8 th July, 
1981, published in the Gazette of Pakistan (Extraordinary), Part I, dated July 8, 1981, pp. 345-411. 
11
Omitted the words “Extent of Jurisdiction of High Courts.– For the purposes of this Act the High Court Province shall have 
jurisdiction throughout the Province.” by the Official Trustees (Amendment) Act, 2012 (VII of 2012), dated 11 th February, 2012, 
published in the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40129-40130, s. 4. 
12
Substituted by the Federal Laws (Revision 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. 345-411, s. 3. 
13
Substituted by the Government of India (Adaptatio n of Indian Laws) Order, 1937, dated 18 th March, 1937, published in the 
Gazette of India (Extraordinary), Part I, dated April 1, 1937, pp. 75-145, s. 4. 
14
Substituted for the words “ The Provincial Government for each Province, and the Central Government for  British subjects in 
any Indian State or group of Indian States, shall appoint an Official Trustee: ” by the Official Trustees (Amendment) Act, 2012 
(VII of 2012), dated 11th February, 2012, published in the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40129-
40130, s. 5. 
(2) No person shall be appointed to the office of Official Trustee  who is not 
an advocate practicing in a High Court or a perso n already in the service of the 
State.] 
5. Appointment and powers of Deputy Official Trustee .– 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 t he 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 
1
[
2
[
3
[Punjab]]] and, as such Official Trustee, shall have perpetual succession and an 
official seal, and may sue and be sued in his corporate name. 
PART III 
Rights, Powers, Duties and Liabilities of Official Trustee 
7. General p owers 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 ot her 
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 ar rangement 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 purpose or any trust which involves the 
management or carrying on of any business.  
 
1
Substituted for the word “Presidency” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, 
1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-146, s. 4. 
2
Substituted for the word “Division” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 
1981), dated 8th July, 1981, published in the Gazette of Pakistan (Extraordinary), Part I,  dated July 8, 1981, pp. 345-411, s. 2.  
3
Substituted for the words “Province for which he is appointed” by the Official Trustees (Amendment) Act, 2012 (VII of 2012), 
dated 11th February, 2012, published in the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40129-40130, s. 6. 
(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 sha ll 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 p roperty 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 suffici ent 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 s hall 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 n ame 
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.  
 
1
Substituted for the words “such testator” by the Repealing and Amending Act, 1919 (XVIII of 1919), published in the Gazette of 
India, Part-IV, dated September 20, 1919, pp. 39-47. 
(3) Nothing in this section shall be deemed to affect the provisions of 
1
[* * *] 
the [*]
2
 Trusts Act, 1882
3
. 
11. Power of pri vate 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 trustee or trustees and all persons beneficially 
interested 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 i n writing to appoint the Official Trustee by that name or any other 
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 administrator 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 su ch petition are not within the Official 
Trustee’s personal knowl edge, the petition may be verified and subscribed by any 
person competent to make the verification.  
 
1
Omitted the words, commas and figures “the Trustees and Mortgages’ Powers Act, 1866 , or” by the Federal Laws (Revision 
and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), dated 8 th July, 1981, published in the Gazette of Pakistan 
(Extraordinary), Part I, dated July 8, 1981, pp. 345-411, s. 5. 
2
Originally is as  “the Indian Trusts Act, 1882” . T he word “Indian” omitted by the Adaptation of Central Acts and Ordinances 
Order, 1949, vide Notification No. G.G.O. 4, dated 25th March, 1949, published in the Gazette of Pakistan (Extraordinary), dated 
March 28, 1949, pp. 223-283, s. 3 and Schedule.  
3
II of 1882. 
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 cons titute 
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 w ere 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 r easonable diligence have averted, and in either of those cases the 
Official Tr ustee shall not, nor shall the r evenues 
2
[of the Government ] 
3
[* * * *] , be 
subject to any liability.  
(2) Nothing in sub-section (1) shall be deemed to render the r evenues 
4
[of 
the Government 
5
[ * * * *]  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 secti on 80 of the 
Code of Civil Procedure, 1908
6
, shall apply to any suit against the Official Trustee in 
which no relief is claimed against him personally. 
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 l eviable in respect of such trust under the Official Trustees Act, 1864
7
, as 
subsequently amended.  
(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, 
 
1
Omitted the words “of India” by  the Official Trustees and Administrator General’s Acts Amendment Act, 1922  (XXI of 1922), 
published in the Gazette of India, Part-IV, dated October 7, 1922, p. 86, clause (a) of s. 3. 
2
Inserted by the Act ibid., clause (b) of s. 3. 
3
Omitted the words “or of the Government of India” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 
18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-146, s. 4. 
4
Inserted by the Official Trustees  and Administrator General’s Acts Amendment Act, 1922 (XXI of 1922), published in the 
Gazette of India, Part-IV, dated October 7, 1922, p. 86, clause (b) of s. 3. 
5
Omitted the words “or of the Government of India” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 
18th March, 1937, published in the Gazette of India (Extraordinary), April 1, 1937, pp. 75-148. 
6
V of 1908.  
7
XVII of 1864. 
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 as 
Government may determine to be required to insure the revenues of the Government   
1
[* *] 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 authority and in such 
manner and at such times as the Government may prescribe, all fees received by 
him under this Act, and the same sha ll be carried  to the account and credit of the 
Government 
2
[* *]. 
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 be 
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 form, together with a repo rt 
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 are 
directed to be kept by the  Official Trustee, have been duly and 
regularly kept, and 
(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 account s 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
3
,  
(a) to summon any person whose presence he may think necessary to 
attend him from time to time, and 
 
1
Omitted the words “of India” by  the Official Trustees  and Administrator General’s Acts Amendment Act, 1922 (XXI of 1922), 
published in the Gazette of India, Part-IV, dated October 7, 1922, p. 86, s. 4. 
2
Ibid. 
3
V of 1908. 
(b) to examine any person, on oath to be by him administered, and 
(c) to i ssue 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 pers on 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 und er, section 188 of the  [Pakistan]
1
 Penal 
Code
2
, and the auditor shall report every case of such refusal or neglect to 
Government.  
21. Costs of audit, etc., how paid .– The cost of and incidental to every such 
audit and examination shall be determined in ac cordance 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 [*]
3
 Trusts Act, 1882
4
, shall affect the 
provisions of this section.  
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  
5
[* 
*]: 
 Provided that no such moneys shall be so transferred if any suit or proceeding 
is pending in respect thereof in any Court.  
 
1
Originally is as “the Indian Penal Code 1860” . The word “ Pakistan” substituted for the word “ Indian” by the Adaptation of 
Central Acts and Ordinances Order, 1949 , vide Notification No. G.G.O. 4, dated 25th March, 1949, published in the Gazette of 
Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3 and Schedule. 
2
XLV of 1860. 
3
Originally is as “the Indian Trusts Act, 1882”. The word “Indian” is omitted by the Adaptation of Central Acts and Ordinances 
Order, 1949, vide Notification No. G.G.O. 4, dated 25th March, 1949, published in the Gazette of Pakistan (Extraordinary), dated 
March 28, 1949, pp. 223-283, s. 3 and Schedule. 
4
II of 1882. 
5
Omitted the words “of India” by the Official Trustees and Administrator General’s Acts Amendment Act, 1922 (XXI of 1922), 
published in the Gazette of India, Part-IV, dated October 7, 1922, p. 86, s. 4. 
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 presc ribed 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 
2
[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. 
3
[
4
[ * * * * * * * * *   ] 
(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 s uch 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 application of any person beneficially inter ested 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 improvements as may be reasonable and 
proper in the case of such property.  
29. Transfer of trust property 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 
 
1
Ibid. 
2
Substituted for the words “Secretary of State for India in Council”  by the Government of India (Adaptation of Indian Laws) 
Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-148, s. 4. 
3
Inserted by the Order ibid. 
4
Omitted the words “Provided that nothing in this section affects any option afforded to a claimant by section 179 of the 
Government of India Act, 1935.”  by the Adaptation of Central Acts and Ordinances Order, 1949, date d 25 th March, 1949, 
published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-258. 
(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 Trustee shall be exempt from all liability as trustee of such 
property except in respect of acts done before such transfer: 
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 rules 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 th e 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 securities 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 and the 
publication of such statements, schedules or other documents; 
(e) the realization of the cost of preparing any such statements, schedules 
or other documents; 
(ee) 
1
[
2
[* * * * * * * * *  ]] 
(f) subject to the provisions of this Act, the fees to be paid thereu nder 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 summonses issu ed under the provisions of 
section 20 are to be served and the payment of the expenses of any 
persons summoned or examined under the provisions of this Act and of 
any expenditure incidental to such examination; 
(i) the acceptance by the Official Trustee of  trusts for religious purposes 
and trusts which involve the management or carrying on of business; 
and 
 
1
Inserted by the Repealing and Amending Act, 1914 (X of 1914), published in the Gazette of India, Part-IV, dated March 21, 
1914, pp. 47-59. 
2
Omitted “Clause (ee)” by the Destruction of Records Act, 1917 (V of 1917), published in the Punjab Gazette, Part -IV, dated 
March 16, 1917, pp. 35-36. 
(j) any matter in this Act directed to be prescribed.  
(3) Rules made under the provisions of this sec tion shall be published in 
the official Gazette, and shall thereupon have effect as if enacted in this Act.  
31. 
1
[ * * * * * * * * *   ] 
32. Saving of provisions of  [*]
2
 Registration Act, 1908 .– Nothing contained in 
this Act shall be deemed to affect the provisions of the [*]
3
 Registration Act, 1908
4
. 
 
1
Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette 
of India (Extraordinary), dated April 1, 1937, pp. 75-148, s. 4. 
2
Originally is as “The Indian Registration Act, 1908 ”. The word “Indian” is omitted by the Adaptation of Central Acts and 
Ordinances Order, 1 949, vide Notification No. G.G. O. 4, dated 25 th March, 1949, published in the Gazette of Pakistan 
(Extraordinary), dated March 28, 1949, pp. 223-283, s. 3 and Schedule. 
3
Ibid. 
4
XVI of 1908. 
1
[32A. 
2
[* * * * * * * * *  ]] 
33. 
3
[ * * * * * * * * *   ] 
 
4
[* * * *] 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1
Inserted by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, 1937, published in the 
Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-148, s. 4. 
2
Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), dated 8th July, 1981, 
published in the Gazette of Pakistan (Extraordinary), Part I, dated July 8, 1981, pp. 345-411, s. 6. 
3
Section “33” repealed by the Repealing Act, 1927 ( XII of 1927), published in the Gazette of India, Part-IV, dated September 
10, 1927, pp. 29-32.   
4
Repealed “THE SCHEDULE” ibid.