Section 3: Power to apply to the Court in respect of trusts of a charitable or religious nature. Save

3. Power to apply to the Court in respect of trusts of a charitable or religious nature. Save as hereinafter provided in this Act, any person having an interest in any express or constructive trust created or existing for a public purpose of a charitable or religious nature may apply by petition to the Court within the local limits of whose jurisdiction any substantial part of the subject matter of the trust is situate to obtain an order embodying all or any of the following directions, namely: — (1) directing the trustee to furnish the petitioner through the Court with particulars as to the nature and objects of the trust, and of the value, condition, management and application of the subject- matter of the trust, and of the income belonging thereto, or as to any of these matters, and 1 For Statement of Objects and Reasons, see Gazette of India, 1919 Pt. V, p. 88; for Report of Select Committee, see ibid., 1920, Pt. V, p. 85; and for Proceedings in Council, see ibid., 1919, Pt. VI, p. 879, and ibid.,1920, Pt. VI, pp. 49 and 787. This Act has been rep. in the N.W.F.P by the N.W.F.P. Muslim Wakfs Act, 1947 (N.W.F.P. Act 22 of 1947), s. 37 and Sch. It has been extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect from such date and subject to such modifications as may be notified. see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation. 1950. 2 Subs. by Ordinance 21 of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “all the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, for “the whole of British India”. 3 Subs. by A.O., 1937, for “G.G. in C.” 4 Subs. ibid., for “Gazette of India”. 5For notification directing that this Act shall not extend to the N.W.F.P., see Gen. R. & O. 6 Subs. by A.O., 1937, for “any specified Province or area”. 7 Ins. by the Charitable and Religious Trust (Amdt.) Act, 1923 (41 of 1923), s. 2. 8 Subs. by A.O., 1937, for “L.G.”. (2) directing that the accounts of the trust shall be examined and audited: Provided that no person shall apply for any such direction in respect of accounts relating to a period more than three years prior to the date of the petition.

Effective date: 1920-01-01

Related sections