Bare Acts

PART II THE OFFICE OF OFFICIAL TRUSTEE


4. Official Trustees.—9 [(1) 10[The Government shall appoint an Official Trustee for each State]: 1. This Act has been amended in its application to the former province of Bengal by the Official Trustees (Bengal Amendment) Act, 1940 (Ben. 12 of 1940) and by the Official Trustees (Bengal Amendment) Act, 1941 (Ben. 1 of 1941). It has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941), and to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I. 2. Preamble omitted by Act 48 of 1964, s. 2. 3. Subs. by the A.O. 1950, for sub-section (2). 4. The words “except the State of Jammu and Kashmir” omitted by Act 25 of 1968, s. 2 and Schedule (w.e.f. 15-8-1968). 5. The 1st April, 1914, see Gazette of India, 1914, Pt. I, p. 365. 6. Subs. by the A.O. (No. 2) 1956, for section 2. 7. Clause (2) omitted by Act 48 of 1964, s. 3. 8. Ins. by s. 4, ibid., s. 3, Earlier section 3 was omitted by the A.O. (No. 2) 1956. 9. Subs. by the A. O. 1937, for sub-section (1). 10. Subs. by the A.O. (No. 2) 1956, for the first paragraph. 4 Provided that nothing herein contained shall be deemed to bar the appointment of the same person as Official Trustee for two or more 1 [States].] 2 [(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.] 3 * * * * * 5. Appointment and powers of Deputy Official Trustee.— 4 [(1)] 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 the 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. 5 [(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.] 6. Official Trustee to be corporation sole to have perpetual succession and official seal, and to sue and he sued in his corporate name.—The Official Trustee shall be a corporation sole by the name of the Official Trustee of the 6 [State] for which he is appointed and, as such Official Trustee, shall have perpetual succession and an official seal, and may sue and be sued in his corporate name.

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