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THE INDIAN TRUSTS ACT, 1882

Title : THE INDIAN TRUSTS ACT, 1882

Year : 1882

THE INDIAN TRUSTS ACT, 1882.1* ACT No. 2 OF 1882.[13th January, 1882.]


An Act to define and amend the law relating to Private Trusts and
Trustees.

[13th January, 1882.]

Preamble.

Preamble.-WHEREAS it is expedient to define and amend the law relating to Preamble. private trusts and trustees; It is hereby enacted as follows:-


CHAPTER I

PRELIMINARY



1.Short title. Commencement.


1. Short title. Commencement.-This Act may be called the Indian
Trusts Act, 1882: and it shall come into force on the first day of
March, 1882.Local extent. Savings.

Local extent, Savings.-2*[It extends to 3*[the whole of India
4*[except the State of Jammu and Kashmir] and] the Andaman and Nicobar
Islands 5***; but the Central Government may, from time to time, by notification in the Official Gazette, extend it to 6*[the Andaman and
Nicobar Islands] or to any part thereof.] But nothing herein contained affects the rules of Muhammadan law as to waqf, or the mutual relations of the members of an undivided family as determined by any customary or personal law, or applies to public or private religious or charitable endowments, or to trusts to distribute prizes taken in war among the captors; and nothing in the Second Chapter of this Act applies to trusts created before the said day.


2.Repeal of enactments.


2. Repeal of enactments.-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Schedule, be repealed, in the territories to which this Act for the time being extends.


3.Interpretation-clause "trust":


3.Interpretation-clause "trust":-A "trust" is an obligation annexed to the ownership of property, and arising out of a confidence reposed in and accepted by the

--------------------------------------------------------------------
1 The Act has been extended to Berar by the Berar Laws Act, 1941 (4.of 1941).
Extended to and brought into force in Dadra and Nagar Havoli (w.e.f.
1.7.1965) by Reg. 6 of 1963, s.2 and Sch.I

Extended to Goa, Daman and Diu by Re. 11 of 1963, s. 3 and Sch.

The Act comes into force in Pondicherry on 1.10.1963 vide Reg. 7 of
1963, s. 3 and Sch. I.

The Act shall come into force in the State of Sikkim on 1.9.1984 vide
Notifn. No.S.O.642(E), dt.24.8.1984 Gaz. of India, Exty, pt. II Sec.3.(ii).

2 Subs. by the A. O. 1948 for the original words as amended by the
A. O. 1937.3 Subs. by the A. O. 1950 for "all the Provinces of India, except".

4 Subs. by Act 3 of 1951, s.3 and Sch., for "except Part B States".

5 The words "and Panth Piploda" omitted by the A. O. 1950.

6 Subs. by the A. O. 1950 for "either or both of the said
Provinces".

20.owner, or declared and accepted by him, for the benefit of another, or of another and the owner:

"author of the trust":



the person who reposes or declares the confidence is called the
"author of the trust": the person who accepts the confidence is called the "trustee": the person for whose benefit the confidence is accepted is called the "beneficiary": the subject-matter of the trust is called
"trust-property" or "trust-money": the "beneficial interest" or
"interest" of the beneficiary is his right against the trustee as owner of the trust-property; and the instrument, if any, by which the trust is declared is called the "instrument of trust":

"trustee": "beneficiary": "trust-property": "beneficial interest":
"instrument of 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.Expressions defined in Act 9 of 1872.-and in this Act, unless there be something repugnant in the subject or 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 (9.of 1872), section 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.

Last updated on May, 2015
Title : THE INDIAN TRUSTS ACT, 1882

Year : 1882

THE INDIAN TRUSTS ACT, 1882.1* ACT No. 2 OF 1882.[13th January, 1882.]


An Act to define and amend the law relating to Private Trusts and
Trustees.

[13th January, 1882.]

Preamble.

Preamble.-WHEREAS it is expedient to define and amend the law relating to Preamble. private trusts and trustees; It is hereby enacted as follows:-


CHAPTER I

PRELIMINARY



1.Short title. Commencement.


1. Short title. Commencement.-This Act may be called the Indian
Trusts Act, 1882: and it shall come into force on the first day of
March, 1882.Local extent. Savings.

Local extent, Savings.-2*[It extends to 3*[the whole of India
4*[except the State of Jammu and Kashmir] and] the Andaman and Nicobar
Islands 5***; but the Central Government may, from time to time, by notification in the Official Gazette, extend it to 6*[the Andaman and
Nicobar Islands] or to any part thereof.] But nothing herein contained affects the rules of Muhammadan law as to waqf, or the mutual relations of the members of an undivided family as determined by any customary or personal law, or applies to public or private religious or charitable endowments, or to trusts to distribute prizes taken in war among the captors; and nothing in the Second Chapter of this Act applies to trusts created before the said day.


2.Repeal of enactments.


2. Repeal of enactments.-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.


3.Interpretation-clause "trust":


3.Interpretation-clause "trust":-A "trust" is an obligation annexed to the ownership of property, and arising out of a confidence reposed in and accepted by the

--------------------------------------------------------------------
1 The Act has been extended to Berar by the Berar Laws Act, 1941 (4.of 1941).
Extended to and brought into force in Dadra and Nagar Havoli (w.e.f.
1.7.1965) by Reg. 6 of 1963, s.2 and Sch.I

Extended to Goa, Daman and Diu by Re. 11 of 1963, s. 3 and Sch.

The Act comes into force in Pondicherry on 1.10.1963 vide Reg. 7 of
1963, s. 3 and Sch. I.

The Act shall come into force in the State of Sikkim on 1.9.1984 vide
Notifn. No.S.O.642(E), dt.24.8.1984 Gaz. of India, Exty, pt. II Sec.3.(ii).

2 Subs. by the A. O. 1948 for the original words as amended by the
A. O. 1937.3 Subs. by the A. O. 1950 for "all the Provinces of India, except".

4 Subs. by Act 3 of 1951, s.3 and Sch., for "except Part B States".

5 The words "and Panth Piploda" omitted by the A. O. 1950.

6 Subs. by the A. O. 1950 for "either or both of the said
Provinces".

20.owner, or declared and accepted by him, for the benefit of another, or of another and the owner:

"author of the trust":



the person who reposes or declares the confidence is called the
"author of the trust": the person who accepts the confidence is called the "trustee": the person for whose benefit the confidence is accepted is called the "beneficiary": the subject-matter of the trust is called
"trust-property" or "trust-money": the "beneficial interest" or
"interest" of the beneficiary is his right against the trustee as owner of the trust-property; and the instrument, if any, by which the trust is declared is called the "instrument of trust":

"trustee": "beneficiary": "trust-property": "beneficial interest":
"instrument of 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.Expressions defined in Act 9 of 1872.-and in this Act, unless there be something repugnant in the subject or 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 (9.of 1872), section 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.

Last updated on May, 2015

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