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Indian Trusts Act, 1882 Complete Act

Title: Indian Trusts Act, 1882

State: Central

Year: 1882

.....to settlement of accounts Section36 - General authority of trustee Section37 - Power to sell in lots and either by public auction or private contract Section38 - Power to sell under special conditions. Power to buy-in and re-sell Section39 - Power to convey Section40 - Power to vary investments Section41 - Power to apply property of minors, etc. for their maintenance, etc Section42 - Power to give receipts Section43 - Power to compound, etc Section44 - Power to several trustees of whom one disclaims or dies Section45 - Suspension of trustee's powers by decree Chapter V Section46 - Trustee cannot renounce after acceptance Section47 - Trustee cannot delegate Section48 - Co-trustees cannot act singly Section49 - Control of discretionary power Section50 - Trustee may not charge for services Section51 - Trustee may not use trust-property for his own profit Section52 - Trustee for sale or his agent may not buy Section53 - Trustee may not buy beneficiary's interest without permission Section54 - Co-trustees may not lend to one of themselves Chapter VI Section55 - Right to rents and profits Section56 - Right to specific execution Section57 - Bight to inspect and.....

Indian Trusts Act, 1882 Section 11

Title: Trustee to Execute Trust

State: Central

Year: 1882

.....its creation, except as modified by the consent of all the beneficiaries being competent to contract. Where the beneficiary is incompetent to contract, his consent may, for the purposes of this section, be given by a principal civil court of original jurisdiction. Nothing in this section shall be deemed to require a trustee to obey any direction when to do so would be impracticable, illegal or manifestly injurious to the beneficiaries. Explanation.--Unless a contrary intention be expressed, the purpose of a trust for the payment of debts shall be deemed to be (a) to pay only the debts of the author of the trust existing and recoverable at the date of the instrument of trust, or, when such instrument is a will, at the date of his death, and (b) in the case of debts not bearing interest, to make such payment without interest. Illustrations (a) A, a trustee, is simply authorised to sell certain land by public auction. He cannot sell the land by private contract. (b) A, a trustee of certain land for A, Y and Z, is authorized to sell the land to B for a specified sum. X, Y and Z, being comptent to contract, consent that A may sell the land to C for a less sum. A may sell.....

Trusts Act, 1882 Complete Act

State: Central

Year: 1882

....."registered' means registered under the law for the registration of documents for the time being in force a person is said to have "notice" of a fact either when he actually knows that fact or when, but for willful abstention from inquiry or gross negligence, he would have known it, or when information of the fact is given to or obtained by his agent, under the circumstances mentioned in the section 229 Indian Contract Act, 1872 (9 of 1872)-, ; and all expressions used herein and defined in the Indian Contract Act, 1872 (expressions defined in Act 9 of 1872), shall be deemed to have the meanings respectively attributed to them by that Act. SECTION 04: LAWFUL PURPOSE. A trust may be created for any lawful purpose. The purpose of a trust is lawful unless it is (a) forbidden by law, or (b) is of such a nature that, if permitted, it would defeat the provisions of any law, or (c) is fraudulent, or (d) involves or implies injury to the person or property of another, or (e) the Court regards it as immoral or opposed to public policy. Every trust of which the purpose is unlawful is void. And where a trust is created for two purposes, of which one is lawful and the other.....

Unit Trust of India Act, 1963 (52 of 1963) Chapter III

Title: Management of the Trust

State: Central

Year: 1963

.....all powers and do all acts and things which may be exercised or done by the Trust. (2) The Board shall, in discharging its functions under this Act, act on business principles, regard being had to the interest of the unit holders. Section 10 - Board of Trustees The Board of Trustees shall consist of the following, namely: (a) the Chairman to be appointed by the 1 [Central Government in consultation with the Development Bank]; 2 [(aa) one trustee to be nominated by the Reserve Bank]; (b) four trustees to be nominated by the 1 [Development Bank], of whom not less than three shall be persons having special knowledge of, or experience in, commerce, industry, banking finance or investment; (c) one trustee to be nominated by the Life Insurance Corporation; (d) one trustee to be nominated by the State Bank; (e) two trustees to be elected in the prescribed manner by the contributing institutions referred to in Cl. (d) of sub-section (2) of Section4; and (f) an executive trustee to be appointed by the 1 [Development Bank): Provided that if the appointment of the Chairman is whole-time, it shall not be necessary to appoint an executive trustee: Provided further.....

Indian Trusts Act, 1882 Chapter IX

Title: Of Certain Obligations in the Nature of Trusts

State: Central

Year: 1882

.....performance could be enforced, the former must hold the property for the benefit of the latter to the extent necessary to give effect to the contract. Section 92 - Purchase by person contracting to buy property to be held on trust Where a person contracts to buy property to be held on trust for certain beneficiaries and buys the property accordingly, he must hold the property for their benefit to the extent necessary to give effect to the contract. Section 93 - Advantage secretly gained by one of several compounding creditors Where creditors compound the debts due to them, and one of such creditors, by a secret arrangement with the debtor, gains an undue advantage over his co-creditors, he must hold for the benefit of such creditors the advantage so gained. Section 94 - Constructive trust in cases not expressly provided for (Rep. by the Benami Transactions (Prohibition) Act, 1988, sec. 7 (w.e.f. 19.5.1988)). Illustrations (a) A, an executor, distributes the assets of his testator B to the legatees without having paid the whole of B's debts. The legatees hold for the benefit of B's creditors, to the extent necessary to satisfy their just demands, the assets so.....

Indian Trusts Act, 1882 Section 83

Title: Trust Incapable of Execution or Executed Without Exhausting Trust-property

State: Central

Year: 1882

Where a trust is incapable of being executed, or where the trust is completely executed without exhausting the trust-property, the trustee, in the absence of a direction to the contrary, must hold the trust-property, or so much thereof as is unexhausted, for the benefit of the author of the trust or his legal representative. Illustrations (a) A conveys certain land to B -- "upon trust", and no trust is declared; or "upon trust to be thereafter declared", and no such declaration is ever made; or upon trusts that are too vague to be executed; or upon trust become incapable of taking effect; or "in trust for C", and C renounces his interest under the trust In each of these cases B holds the land for the benefits of A. (b) A transfers Rs.10,000 in the four per cents to B, in trust to pay the interest annually accruing due to C for her life. A dies. Then C dies. B holds the fund for the benefit of A's legal representative. (c) A conveys land to B upon trust to sell it and apply one moiety of the proceeds for certain charitable purposes, and the other for the maintenance of the worship of an idol. B sells the land, but the charitable purposes wholly fail, and the ma

Unit Trust of India Act, 1963 (52 of 1963) Chapter IV

Title: Powers and Functions of the Trust

State: Central

Year: 1963

.....of 1975, Section 54 (w.e.f. 16th February, 1976). Section 20B - Grants, donations, etc. to Trust The Trust may receive gifts, donations or benefactions from Government or any other source and such gifts, grants, donations or benefaction shall be treated by the Board as capital or income of the first unit scheme or, as the case may be, of any subsequent unit scheme according to the purposes for which they are made and in the absence of any indication of such purposes, they shall be treated as capital or income of such units scheme or schemes and to such extent as the Board thinks fit. Section 20C - Power to transfer rights 1[20C. Power to transfer rights The rights and interests of the Trust (including any other rights incidental thereto) in relation to any loan or advance granted, or any amount recoverable, by it may be transferred by the Trust, either in whole or in part, by the execution or issue of any instrument, or by the transfer of any instrument by endorsement or in any other manner in which the rights and interests in relation to such loan or advance may be lawfully transferred, and the Trust may notwithstanding such transfer, act as the trustee within the.....

National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 Chapter 2

Title: The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability

State: Central

Year: 1999

.....perform such duties under the direction of the Board as may be prescribed or as may be delegated to him by the Chairperson. (2) The Board shall, with the previous approval of the Central Government, appoint such other officers and employees as it considers necessary to carry out the objectives of the Trust. (3) The salary and allowances payable to, and the other terms and conditions of service of, the Chief Executive Officer, other officers and employees of the Trust shall be such as may be determined by regulations. Section 9 - Vacancies in Board not to invalidate acts etc. No act or proceeding of the Board shall be called in question on the grounds merely of the existence of any vacancy in, or any defect in the constitution of, the Board.

Unit Trust of India Act, 1963 (52 of 1963) Complete Act

Title: Unit Trust of India Act, 1963 (52 of 1963)

State: Central

Year: 1963

.....VII Section30 - Power of Reserve Bank to give directions Section31 - Staff of Trust Section32 - Income-tax and other taxes Section33 - Act 18 of 1891 to apply in relation to Trust Section34 - Declaration of fidelity and secrecy Section35 - Defects in appointments not to invalidate acts, etc. Section36 - Indemnity of trustees Section37 - Protection of action taken under this Act Section38 - Delegation of powers Section39 - No Trust to be taken notice of Section39A - Nomination by unit holders and agents Section39B - Protection of certain amounts from attachment Section40 - Re-payment of contribution in case of winding-up of contributing institution Section41 - Power of Central Government to re-constitute Board Section42 - Liquidation of Trust Section43 - Regulations Section44 - Amendment of certain enactments [Repealed] Section45 - Power to remove difficulty Schedule1 - THE FIRST SCHEDULE Schedule2 - THE SECOND SCHEDULE

Unit Trust of India (Transfer of Undertaking and Repeal) Act,2002 Chapter 2

Title: Transfer and Vesting of the Undertaking of Trust in the Specified Company and Transfer and Vesting of the Specified Undertaking of Trust in the Administrator

State: Central

Year: 2002

.....in which the undertaking or specified undertaking has vested by virtue of this Act as it might have been enforced by or against the Trust if this Act had not been enacted and shall cease to be enforceable by or against the Trust. Section 6 - Provisions in respect of officers and other employees of Trust (1) Every officer or other employee of the Trust (except a trustee of the Board, the Chairman and executive trustee) serving in the employment immediately before the appointed day shall become, as from the appointed day, an officer or, as the case may be, other employee of the specified company and shall hold his office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions, with the same obligations and with the same rights and privileges as to leave, leave fare concession, welfare scheme, medical benefit scheme, insurance, provident fund, other funds retirement, voluntary retirement, gratuity and other benefits as he would have held under the Trust if its undertaking had not vested in the specified company and shall continue to do so as an officer or, as the case may be, other employee of the specified company or until the.....