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Indian Trusts Act, 1882 Schedule I

Title: Schedule

State: Central

Year: 1882

Schedule I - SCHEDULE THE SCHEDULE (see section 2) STATUTE Year and chapter Short title Extent of repeal 29 Car, II, c. 3 The Statute of Frauds1 Sections 7,8,9,10 and 11 ACT OF THE GOVERNOR GENERAL IN COUNCIL Number and year Short title Extent of repeal XXVIII of 1866 2The Trustees' and Mortgagees' Powers Act, 1866 Section 2 ,3, 4, 5, 32, 33, 34, 36 and 37. In Section3***43 the word "trustee" wherever it occurs; and in section 43 the words 'management or" and "the trust-property or". 1 of 1877 2The Specific Relief Act, 1877 In section 12 the first illustration. _________________________ 1. Represented. in its application to India. 2. Repealed. 3. The figures "39", and by implication the word "and", rep. by Act 12 of 1891, section. 2 and Schedule. I, pt. I.

Indian Trusts Act, 1882 Section 36

Title: General Authority of Trustee

State: Central

Year: 1882

Section 36 - General authority of trustee In addition to the powers expressly conferred by this Act and by the instrument of trust, and subject to the restriction, if any, contained in such instrument, and to the provisions of section 17, a trustee may do all acts which are reasonable and proper for the realization, protection or benefit of the trust-property, and for the protection or support of a beneficiary who is not competent to contract. 1 [***] Expect with the permission of a principal civil court of original jurisdiction, no trustee shall lease trust-property for a term exceeding twenty-one years from the date of executing the lease, nor without reserving the best yearly rent than can be reasonably obtained. _______________________ 1. Second paragraph repealed by Act 12 of 1891, section 2 and Schedule. I, Pt. I.

Trusts Act, 1882 Complete Act

State: Central

Year: 1882

.....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 unlawful, and the two purposes, cannot be separated, the whole trust is void. SECTION 05: TRUST OF IMMOVABLE PROPERTY No trust in relation to immoveable property is valid unless declared by a non-testamentary instrument in writing signed by the author of the trust or the.....

Transfer of Property Act, 1882 Schedule 1

Title: The Schedule

State: Central

Year: 1882

.....and improvements Section 1; in the title, the words to mesne profits and, and in the preamble to limit the liability for mesne profits and. XXVII of 1866 Indian Trustee Act Section 31. IV of 1872 Punjab Laws Act So far as it re-lates to Bengal Regulations 1 of 1798 and XVII of 1806. XX of 1875 Central Provinces Laws Act So far as it relates to Bengal Regulations 1 of 1798 and XVII of 1806. XVIII of 1876 Oudh Laws Act So far as it relates to Bengal Regulations XVII of 1806. I of 1877 Specific Relief In sections 35 and 36, the words in writing. (C) REGULATIONS Number and year Subject Extent of repeal Bengal Regulation I of 1798 Conditional Sale The whole Regulation. Bengal Regulation XVII of 1806 Redemption The whole Regulation. Bombay Regulation V of 1827 Acknowledgement of Debts; interest; Mortgages in possession Section 15.

Powers of Attorney Act, 1882 Complete Act

State: Central

Year: 1882

.....as to trustees, executors and administrators making payments under powers, which has been in force in British India for the last fifteen years-See Act 28 of 1866,section 39. The third and last object of the Bill is to provide for the deposit of instruments creating powers of attorney, and for the evidence of the contents of such instruments. The section effecting this is copied (with the modifications necessary to adapt it to India) from 44 and 45 Vict. c. 41,section 48 ."-Gazette of India, 1881, Part V, page 1473. Amending Act 55 of 1982.- The Law Commission in its Sixty -Eighth Report examined the Powers-of-Attorney Act, 1882and while suggesting that because of its archaic form and language it should be replaced by a new enactment, it also suggested certain amendments to the Act. As the amendments do not call for any radical or substantial changes in the Act which had worked smoothly for a century, it is proposed, instead of replacing the Act by a new one, to make the necessary amendments therein. 2. The Act though it deals with powers-of-attorney, does not contain the definition of '''power-of-attorney". It is proposed to remedy this defect by inserting a suitable.....

Indian Trusts Act, 1882 Chapter I

Title: Preliminary

State: Central

Year: 1882

.....trust": "breach of trust".--A breach of any duty imposed on a trustee, as such, by any law for the time being in force, is called a "breach of trust". "registered", "notice", expressions defined in Act 9 of 1872.-- And in this Act, unless there be something repugnant in the subject of context, "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 wilful 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 Indian Contract Act, 1872, sect ion 229; and all expressions used herein and defined in the Indian Contract Act, 1872, shall be deemed to have the meanings respectively attributed to them by that Act.

Indian Trusts Act, 1882 Section 2

Title: Repeal of Enactments

State: Central

Year: 1882

The Statute and Acts mentioned in the Schedule hereto annexed shall, to the extent mentioned in the said Schedule, be repealed, in the territories to which this Act for the time being extends.

Bengal Embankment Act, 1882 Complete Act

State: West Bengal

Year: 1882

.....subject to the Lieutenant- Governor of Bengal, but only as provided in Part IX.] (Commencement). Rep. by Act 1 of 1903. Section 2 Repeal of former Acts 33. Words rep. by Act 1 of 1903. 44. Words and figures subs, by Ben. Act 1 of 1939. [the Bengal Embankment Act, 1873], with the exception of the sections set out and schedules specified in Schedule I to this Act annexed, shall be repealed. The references in the said sections, which are mentioned in Schedule II to this Act annexed, shall be read as if the references were made to the portions of this Act mentioned against such references respectively in the third column of such schedule. Sections 80 and 81 of this Act shall be applicable respectively to the proclamation and notice mentioned in sections 26 and 28, Bengal Act 6 of 1873. Section 3 Interpretation The following words shall, for the purposes of this Act, have the meanings hereby declared, save where, from the context, a contrary intention appears : "Collector" means any Revenue-officer in independent charge of a district or portion of a district, or specially appointed by the 55. Word subs, by the Adaptation of Laws Order. 1 950. [State] Government of e(West Bengal].....

Bills of Exchange Act, 1882 Complete Act

State: Central

Year: 1882

.....operates as notice that the agent has but a limited authority to sign, and the principal is only bound by such signature the agent in so signing was acting within the actual limit of his authority. SECTION 26: PERSON SIGNING AS AGENT OR IN REPRESENTATIVE CAPACITY (1) Where a person signs a bill as drawer, endorser or acceptor, and adds words to his signature, indicating that he signs for or on behalf of a principal, or in a representative character, he is not personally liable thereon ; but the mere addition to his signature of words describing him as an agent, or as filling a representative character, does not exempt him from personal liability. (2) In determining whether a signature on a bill is that of the principal or that of the agent by whose hand it is written, the construction most favourable to the validity of the instrument shall be adopted. SECTION 27: VALUE DEFINED (1) Valuable consideration for a bill may be constituted by- (a) any consideration sufficient to support a simple contract ; (b) an antecedent debt or liability. Such a debt or liability is deemed valuable consideration whether the bill is payable on demand or at a future time. (2) Where value.....

Indian Trusts Act, 1882 Chapter III

Title: Of the Duties and Liabilities of Trustees

State: Central

Year: 1882

.....the Slate Government of Bombay]; 15[(d) in debentures or other securities for money issued, under the authority of16[any Central Act or Provincial Act or State Act], by or on behalf of any municipal body, port trust or city improvement trust in any Presidency-town, or in Rangoon town, or by or on behalf of the trustees of the port of Karachi:] 17[Provided that after the 31st day of March, 1948, no money shall be invested in any securities issued by or on behalf of a municipal body, port trust or city improvement trust in Rangoon town, or by or on behalf of trustees of the port of Karachi:] (e) On a first mortgage of immovable property situate in18[any part of the territories to which this Act extends]: Provided that the property is not a leasehold for a term of years and that the value of the property exceeds by one-third, or, if consisting of buildings, exceeds by one-half, the mortgage-money; 19[* * *] 20[(ee) in units issued by the Unit Trust of India under any unit scheme made under section 21 of the Unit Trust of India Act, 1963; or] (f) on any other security expressly authorized by the instrument of trust,21[or by the Central Government by the notification in.....