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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 57

Title: Bight to Inspect and Take Copies of Instrument of Trust, Accounts, Etc

State: Central

Year: 1882

The beneficiary has a right, as against the trustee and all persons claiming under him with notice of the trust, to inspect and take copies of the instrument of trust, the documents of title relating solely to the trust-property the accounts of the trust-property and the vouchers (if any) by which they are supported, and the cases submitted and opinions taken by the trustee for his guidance in the discharge of his duty.

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.....

National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 Chapter 8

Title: Finance, Accounts and Audit

State: Central

Year: 1999

.....thereto-- (a) all moneys received from the Central Government; (b) all moneys received by the Trust by way of grants, gifts, donations, benefactions, bequests or transfers; (c) all moneys received by the Trust in any other manner or from any other source. (2) All moneys belonging to the fund shall be deposited in such banks or invested in such manner as the Board may, subject to the approval of the Central Government, decide. (3) The funds shall be applied towards meeting the administrative and other expenses of the Trust including expenses incurred in the exercise of its powers and performance of duties by the Board in relation to any of its activities under section 10 or for anything relatable thereto. Section 23 - Budget The Board shall prepare, in such form and at such time in each financial year as may be prescribed, the budget for the next financial year showing the estimated receipt and expenditure of the Trust and shall forward the same to the Central Government. Section 24 - Accounts and audit (1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts of the Trust including the income and.....

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

Title: Accounts and Audit

State: Central

Year: 1963

.....the state of affairs of the Trust and in case he had called for any information or explanation from the Board or any officer or other employee of the Trust, whether it has been given and whether it is satisfactory. ______________________ 1. Substituted by Act 17 of 1966, Section 9 (w.e.f. 10th June, 1966). 2. Substituted by Act 52 of 1975, Section 52 (w.e.f. 16th February, 1976). Section 28 - Publication of annual accounts and reports The Trust shall furnish to each of the contributing institutions within four months from the date on which its accounts are balanced and closed in respect of any year a copy of balance-sheet and amounts together with a copy of the auditor's report and shall publish the same in the Official Gazette. Section 29 - Furnishing of information 1[29. Furnishing of information The Reserve Bank or the Development Bank may, from time to time, call upon the Trust to furnish such information as either of the said banks may require, and the Trust shall be bound to furnish the same.] ______________________ 1. Substituted by Act 52 of 1975, Section 55 (w.e.f. 16th February, 1976).

Indian Trusts Act, 1882 Chapter VI

Title: Of the Rights and Liabilities of the Beneficiary

State: Central

Year: 1882

.....and negotiable instruments in the hands of a bona fide holder to whom they have passed in circulation, or shall be deemed to affect the Indian Contract Act, 1872 (9 of 1872) section 108, or the liability of a person to whom a debt or charge is transferred. Section 65 - Acquisition by trustee of trust-property wrongfully converted Where a trustee wrongfully sells or otherwise transfers trust-property and afterwards himself becomes the owner of the property, the property again becomes subject lo the trust, notwithstanding any want of notice on the part of intervening transferees in good faith for consideration. Section 66 - Right in case of blended property Where the trustee wrongfully mingles the trust-property with his own, the beneficiary is entitled to a charge on the whole fund for the amount due to him. Section 67 - Wrongful employment by partner-trustee of trust-property for partnership purposes If a partner, being a trustee, wrongfully employs trust-property in the business or on the account of the partnership, no other partner is liable therefor in his personal capacity to the beneficiaries, unless he had notice of the breach of trust. The partners having.....

Indian Trusts Act, 1882 Section 23

Title: Liability for Breach of Trust

State: Central

Year: 1882

.....or undue influence having been brought to bear on him, concurred in the breach, or subsequently acquiesced therein, with full knowledge of the facts of the case and of his rights as against the trustee. A trustee commuting a breach of trust is not liable to pay interest except in the following cases:-- (a) where he has actually received interest; (b) where the breach consists in unreasonable delay in paying trust-money to the beneficiary; (c) where the trustee ought to have received interest, but has not done so; (d) where he may be fairly presumed to have received interest. He is liable, in case (a), to account for the interest actually received, and, in case (b), (c) and (d), to account for simple interest at the rate of six per cent, per annum, unless the court otherwise directs; (e) where the breach consists in failure to invest trust-money and to accumulate the interest or dividends thereon, he is liable to account for compound interest (with half-yearly rests) at the same rate; (f) where the breach consists in the employment of trust-property or the proceeds thereof in trade or business, he is liable to account, at the opinion of the beneficiary,.....

National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 Section 24

Title: Accounts Andaudit

State: Central

Year: 1999

(1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts of the Trust including the income and expenditure accounts in such form as the Central Government may prescribe and in accordance with such general direction as may be issued by that Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Trust shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred by him in connection with such audit shall be payable by the Board to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Trust shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of the Government accounts and in particular, shall have the right to demand the production of books of account, connected vouchers and other documents and papers and to inspect any of the offices of the Trust.

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

Title: Powers and Functions of the Trust

State: Central

Year: 1963

.....(2), (4), (6), (7), sub-clause (c) of Cl. (8) and Cls. (11), (12), (13) and (15) of sub-section (1).] _____________________ 1. Substituted by Act 63 of 1985, Section 5 (w.e.f. 23rd April, 1985). Section 19A - Power to impose conditions, etc. 1[19A. Power to impose conditions, etc. (1) In entering into any arrangement, under Section 19, with any concern, the Trust may impose such conditions as it may think necessary or expedient for protecting the interest of the Trust and for securing that the accommodation granted by it is put to the best use by the industrial concern. (2) Where any arrangement entered into by the Trust under Section 19 with any concern provides for the appointment by the Trust of one or more directors of such concern, such provision and any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the Companies Act, 1956 (1 of 1956), or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to the concern, and any provision regarding share qualification, age limit, number of directorships, removal from.....

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.....