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 money shall be transferred
in the prescribed manner to the account and credit of the Government 1
***:
Provided that no such moneys shall be so transferred if any suit or proceeding is pending in respect
thereof in any Court.
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
prescribed 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
* * * * *
(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 such orders as it thinks fit respecting any trust property vested in the Official Trustee,
or the 4
[income] or produce thereof.
1. The words “of India” omitted by Act 21 of 1922, s. 4.
2. Subs. by the A.O. 1937, for “Secretary of State for India in Council”.
3. The proviso omitted by the A.O. 1950. Earlier inserted by the A.O. 1937.
4. Subs. by Act 48 of 1964, s. 13, for “interest”.
9
26. Who may apply for order under Act.—Any order under this Act may be made, on the application
of any person beneficially interested 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
(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 the 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;
1
* * * * *
(f) subject to the provisions of this Act, the fees to be paid thereunder 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;
1. Clause (ee) rep. by the Act 5 of 1917, s. 6 and the Schedule. Earlier inserted by Act 10 of 1914, s. 2 and the first Schedule.
10
(h) the manner in which summonses issued 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
(j) any matter in this Act directed to be prescribed.
(3) Rules made under the provisions of this section shall be published in the Official Gazette, and shall
thereupon have effect as if enacted in this Act.
1
[(3A) Every rule made by the State Government under this section shall be laid, as soon as it is made,
before the State Legislature.]
2
[(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 3
[in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid], 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 in 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.]
31. [Division. of Presidency into Provinces.] Rep. by the Adaptation of Laws (Order), 1937.
32. Saving of provisions of Indian Registration Act, 1908.—Nothing contained in this Act
shall be deemed to affect the provisions of the Indian Registration Act, 1908 (16 of 1908).
4
[32A. Saving.—5
[(1)] The amendments of this Act which come into force on 6
[the 26th day of
January, 1950], shall not affect any legal proceedings pending in any Court on that date or be
construed as automatically transferring any property from any Official Trustee to any other Official
Trustee: but nothing in this section shall be construed as preventing a transfer of any such property
in accordance with any of the other provisions of this Act.]
7
[(2) The amendments of this Act, which come into force on the 26th day of January, 1950, shall
not affect any legal proceeding arising out of the application of this Act to any person in a Part B
State and pending in any Court on the said date or the administration of any property or estate of any
such person which was immediately before that date vested in an Official Trustee under this Act, and
the provisions of this Act shall, notwithstanding the said amendments, continue to apply with
necessary modifications, in relation to such proceedings or such property or estate, as the case may
be.]
8
[32B. Special provision regarding certain Offic ial Trustees affected by States’
reorganisation.—The amendments of this Act which come into force on the 1st November, 1956,
shall not affect any legal proceedings pending in any Court on that date and where, on acc ount of
the reorganisation of States under the States Reorganisation Act, 1956 (37 of 1956), or the Bihar
and West Bengal (Transfer of Territories) Act, 1956 (40 of 1956), the whole or any part of a State
1. Ins. by Act 20 of 1983, s. 2 and Schedule (w.e.f. 15-3-1984).
2. Ins. by Act 48 of 1964, s. 14.
3. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984).
4. Ins. by the A.O. 1937.
5. Renumbered as sub-section (1) by the A.O. 1950.
6. Subs., ibid., for “the commencement of Part III of the Government of India Act, 1935.”.
7. Added, ibid.
8. Ins. by the A.O. (No. 2) 1956.
11
is transferred to any other State, such transfer of the territory of the State shall not be construed as
automatically transferring any property from any Official Trustee to any other Official Trustee; but
if, by reason of such transfer of territory, it appears to the Central Government that the whole or
any part of the property vested in an Official Trustee, should be vested in another Official Trustee,
that Government may direct that the property will be so vested and thereupon it shall vest in that
other Official Trustee and his successors as fully and effectually for the purposes of this Act, as if
it had been originally vested in him under this Act.]
33. [Repeals.] Rep. by the Repealing Act, 1927 (12 of 1927), s. 2 and Schedule.
THE SCHEDULE.—[Enactments repealed.] Rep. by s. 2 and Schedule, ibid.