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REG1STERED No. D. 221

The Gazette of India

EXTRAORDINARY PART II—Section 2 PUBLISHED BY AUTHORITY

No. 47] NEW DELHI, TUESDAY, NOVEMBER 17, 1964/KARTIKA 26, 1886

Separate paging is given to this Part in order that it may be filed as a separate compilation

RAJYA SABHA

The following Bill was introduced in the Rajya Sabha on the

17th November, 1964: —

BILL NO. XXVI OF 1964

A Bill further to amend the Official Trustees Act, 1913.

BE it enacted by Parliament in the Fifteenth Year of the Republic

of India as follows:—

Short title.

1. This Act may be called the Official Trustees (Amendment)

Act, 1964.

2. In the Official Trustees Act, 1913 (hereinafter referred to as 2 of 1913.

the principal Act), the Preamble shall be omitted.

3. In section 2 of the principal Act, clause (2) shall be omitted.

Omission of Pre- amble. Amend- ment of section 2.

4. In Part I of the principal Act, after section 2, the following sec-

tion shall be inserted, namely: —

2 of 1882.

"3. The High Court shall, in respect of proceedings instituted by or against the Official Trustee under this Act or the Indian Trusts Act, 1882, be a competent Court throughout the terri- tories in relation to which it exercises civil appellate jurisdiction:

Inser- tion of . new sec- tion 3. Extent of jurisdic- tion of High Court.

Provided that nothing in this section shall be construed as

affecting the jurisdiction of any district court.".

759

5. For sub-section (2) of section 4 of the principal Act, the follow-

ing sub-section shall be substituted, namely: —

Amend- ment of section 4,

"(2) No person shall be appointed to the office of Official

Trustee unless he has been for at least—

(a) seven years, an advocate; or (b) seven years, an attorney of a High Court; or (c) ten years, a member of the judicial service of a State;

or

(d) five years, a Deputy Official Trustee".

Amend- ment of section B.

6. Section 5 of the principal Act shall be re-numbered as sub- section (7) of that section, and after sub-section (7) as so renum- bered, the following sub-section shall be inserted, namely: —

"(2) No person shall be appointed as a Deputy unless he

has been for at least three years—

(a) an advocate; or (b) an attorney of a High Court; or (c) a member of the judicial service of a State.".

28 of 1866.

Amend- ment of section 10.

7. In sub-section (3) of section 10 of the principal Act, the words and figures "the Trustees' and Mortgagees' Powers Act, 1866, or" shall be omitted.

8. In sub-section (7) of section 12 of the principal Act, for the

word "infant", the word "minor" shall be substituted.

Amend- ment of section 12.

9. In sub-section (2) of section 13 of the principal Act,—

(a) the words "or Deputy Official Trustee" shall be Amend- ment of section 13.

omitted;

(b) for the words "the Official Trustee's personal know- ledge", the words "his personal knowledge" shall be substituted.

10. In section 15 of the principal Act, the words "revenues of

the", wherever they occur, shall be omitted.

Amend- ment of section 15.

11. In section 17 of the principal Act,—

Amend- ment of section 17.

(a) the proviso to sub-section (7) shall be omitted;

(b) in sub-section (2), the words "the revenues of" shall be

omitted.

12. In section 19 of the principal Act, for clause (a) of sub-section (2), the following clause shall be substituted, namely: —

Amend- ment of section 19.

" (a) whether the accounts have been audited in the pres- cribed manner, and whether, so far as can be ascertained by such audit, the accounts contain a full and true account of everything which ought to be contained therein;-

13. In section 25 of the principal Act, for the word "interest , the word "income" shall be substituted.

Amend- ment of section 25.

14. In section 30 of the principal Act, after sub-suction (fi), the following sub-section shall be inserted, namely: —

Amend- ment of section 30.

"(4) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only m such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule."-

STATEMENT OF OBJECTS AND REASONS

The haw Commission, in its Sixteenth Report, recommended certain changes in the Official Trustees Act, 1913. The following are the main changes recommended by the Commission: —

1. Under section 3 of the Official Trustees Act, 1913, the High Court had for the purposes of the Act jurisdiction through- out the State. This section, however, was omitted by the Adap- tation of Laws (No. 2) Order, 1956. The Commission has sug- gested restoration of this section in a slightly modified form so as to remove the inconvenience experienced by the Official Trustees in having to approach different district courts in the performance of their duties. The concurrent jurisdiction of the district court is not however touched so that an Official Trustee will also be able to approach the district court in the perfor- mance of his duties, if that is convenient to him in any case.

2. Section 4 of the Act provides for appointment of Official Trustees and prescribes the qualifications of Official Trustees. Section 5 of the Act provides for appointment of Deputy Official Trustees but it does not prescribe any qualifications for them- Keeping in mind the changed conditions under which persons with requisite qualifications are easily available and also the functions to be performed by Official Trustees and Deputy Offi- cial Trustees, the Commission has recommended that the quali- fications for Official Trustees should be revised and those for Deputy Official Trustees should be prescribed.

The other changes suggested are of a drafting or routine nature.

The Bill seeks to give effect to these recommendations of the Law Commission.

NEW DELHI;

A- K- sm

The 28th October, 1964.

B. N. BANERJEE,

Secretary.

PRINTED 1.N INDIA BY THF, GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS. DELHI, 1964