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In forceACT NO. II OF 1882 · 13th January, 1882

The Trusts Act, 1882

দ্য ট্রাস্টস অ্যাক্ট, ১৮৮২

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

Contents

  1. PreamblePreamble

Chapter I PRELIMINARY

  1. Section 1Short title Commencemen
  2. Section 2[Omitted]Repealed
  3. Section 3Interpretation-clause

Chapter II OF THE CREATION OF TRUSTS

  1. Section 4Lawful purpose
  2. Section 5Trust of immoveable property
  3. Section 6Creation of trust
  4. Section 7Who may create trusts
  5. Section 8Subject of trust
  6. Section 9Who may be beneficiary
  7. Section 10Who may be trustee

Chapter III OF THE DUTIES AND LIABILITIES OF TRUSTEES

  1. Section 11Trustee to execute trust
  2. Section 12Trustee to inform himself of state of trust-property
  3. Section 13Trustee to protect title to trust-property
  4. Section 14Trustee not to set up title adverse to beneficiary
  5. Section 15Care required from trustee
  6. Section 16Conversion of perishable property
  7. Section 17Trustee to be impartial
  8. Section 18Trustee to prevent waste
  9. Section 19Accounts and information
  10. Section 20Investment of trust-money
  11. Section 20APower to purchase redeemable stock at a premium
  12. Section 20BInvestment of trust-money in company securities
  13. Section 21Deposit in Government Savings Bank
  14. Section 22Sale by trustee directed to sell within specified time
  15. Section 23Liability for breach of trust
  16. Section 24No set-off allowed to trustee
  17. Section 25Non-liability for predecessor’s default
  18. Section 26Non-liability for co-trustee’s default
  19. Section 27Several liability of co-trustees
  20. Section 28Non-liability of trustee paying without notice of transfer by beneficiary
  21. Section 29Liability of trustee where beneficiary’s interest is forfeited to the Government
  22. Section 30Indemnity of trustees

Chapter IV OF THE RIGHTS AND POWERS OF TRUSTEES

  1. Section 31Right to title-deed
  2. Section 32Right to reimbursement of expenses
  3. Section 33Right to indemnity from gainer by breach of trust
  4. Section 34Right to apply to Court for opinion in management of trust-property
  5. Section 35Right to settlement of accounts
  6. Section 36General authority of trustee
  7. Section 37Power to sell in lots, and either by public auction or private contract
  8. Section 38Power to sell under special conditions Power to buy in and re-sell
  9. Section 39Power to convey
  10. Section 40Power to vary investments
  11. Section 41Power to apply property of minors, etc., for their maintenance, etc.
  12. Section 42Power to give receipts
  13. Section 43Power to compound, etc.
  14. Section 44Power to several trustees of whom one disclaims or dies
  15. Section 45Suspension of trustee’s powers by decree

Chapter V OF THE DISABILITIES OF TRUSTEES

  1. Section 46Trustee cannot renounce after acceptance
  2. Section 47Trustee cannot delegate
  3. Section 48Co-trustees cannot act singly
  4. Section 49Control of discretionary power
  5. Section 50Trustee may not charge for services
  6. Section 51Trustee may not use trust-property for his own profit
  7. Section 52Trustee for sale or his agent may not buy
  8. Section 53Trustee may not buy beneficiary’s interest without permission
  9. Section 54Co-trustees may not lend to one of themselves

Chapter VI OF THE RIGHTS AND LIABILITIES OF THE BENEFICIARY

  1. Section 55Rights to rents and profits
  2. Section 56Right to specific execution
  3. Section 57Right to inspect and take copies of instrument of trust accounts, etc.
  4. Section 58Right to transfer beneficial interest
  5. Section 59Right to sue for execution of trust
  6. Section 60Right to proper trustees
  7. Section 61Right to compel to any act of duty
  8. Section 62Wrongful purchase by trustee
  9. Section 63Following trust-property- into the hands of third persons; into that into which it has been converted
  10. Section 64Saving of rights of certain transferees
  11. Section 65Acquisition by trustee of trust-property wrongfully converted
  12. Section 66Right in case of blended property
  13. Section 67Wrongful employment by partner-trustee of trust-property for partnership purposes
  14. Section 68Liability of beneficiary joining in breach of trust
  15. Section 69Rights and liabilities of beneficiary’s transferee

Chapter VII OF VACATING THE OFFICE OF TRUSTEE

  1. Section 70Office how vacated
  2. Section 71Discharge of trustees
  3. Section 72Petition to be discharged from trust
  4. Section 73Appointment of new trustees on death, etc.
  5. Section 74Appointment by Court
  6. Section 75Vesting of trust-property in new trustees
  7. Section 76Survival of trust

Chapter VIII OF THE EXTINCTION OF TRUSTS

  1. Section 77Trust how extinguished
  2. Section 78Revocation of trust
  3. Section 79Revocation not to defeat what trustees have duly done

Chapter IX OF CERTAIN OBLIGATIONS IN THE NATURE OF TRUSTS

  1. Section 80Where obligation in nature of trust is created
  2. Section 81Where it does not appear that transferor intended to dispose of beneficial interest
  3. Section 82Transfer to one for consideration paid by another
  4. Section 83Trust incapable of execution or executed without exhausting trust-property
  5. Section 84Transfer for illegal purpose
  6. Section 85Bequest for illegal purpose
  7. Section 86Transfer pursuant to rescindable contract
  8. Section 87Debtor becoming creditor’s representative
  9. Section 88Advantage gained by fiduciary
  10. Section 89Advantage gained by exercise of undue influence
  11. Section 90Advantage gained by qualified owner
  12. Section 91Property acquired with notice of existing contract
  13. Section 92Purchase by person contracting to buy property to be held on trust
  14. Section 93Advantage secretly gained by one of several compounding creditors
  15. Section 94Constructive trusts in cases not expressly provided for
  16. Section 95Obligor’s duties, liabilities and disabilities
  17. Section 96Saving of rights of bona fide purchasers