Charitable and Religious Trusts Act, 2014
Download FeedBack| Department: | Auqaf, Hajj, Religious and Minority Affairs Department. |
|---|---|
| Main Category: | Acts |
| Specific Category Name: | Trusts |
| Year | 2014 |
| Promulgation Date: | 14-11-2014 |
| Details: | THE
KHYBER PAKHTUNKHWA CHARITABLE AND RELIGIOUS
TRUSTS ACT, 2014. (KHYBER
PAKHTUNKHWA ACT NO. XXX OF 2014) CONTENTS PREAMBLE SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Power to apply to the
Court in respect of trusts of a charitable or religious nature. 4. Contents and verification
of petition. 5. Procedure on petition. 6. Failure of trustee to
comply with order under section 5. 7. Powers of trustee to apply
for directions. 8. Costs of petition under
this Act. 9. Savings. 10. Power of Courts as to
costs in certain suits against trustees of charitable and religious trusts. 11. Provisions of the Code of
Civil Procedure to apply. 12. Barring of appeals. 13. Repeal.
THE
KHYBER PAKHTUNKHWA CHARITABLE AND RELIGIOUS
TRUSTS ACT, 2014. (KHYBER
PAKHTUNKHWA ACT NO. XXX OF 2014) [First published
after having received the assent of the Governor of the Khyber Pakhtunkhwa in the Gazette of Khyber Pakhtunkhwa (Extraordinary),dated
the 14th November,2014]. AN ACT to
provide for more effectual control over the administration
of Charitable and Religious Trusts Preamble.---
WHEREAS
it is expedient to provide facilities for obtaining of information regarding
trust created for public purposes of a charitable or religious nature, and to
enable the trustees of such trusts to obtain the directions of a Court on
certain matters, and to make special provision for the payment of the
expenditure incurred in certain suits against the trustees of such trusts; it
is hereby enacted as follows: 1.
Short
title, extent and commencement.---(1) This Act may
be called the Khyber Pakhtunkhwa Charitable and Religious Trusts Act, 2014. (2)
It extends to the whole of the
Province of the Khyber Pakhtunkhwa. (3)
It shall come into force at once: Provided that Government
may, by notification in the official Gazette direct that this Act, or any
specified part thereof, shall not extend to any specified area in the Province
or to any specified trust or class of trusts. 2.
Definitions.--- In this Act, unless there is anything
repugnant in the subject or context-- (a) “Government”
means the Government of the Khyber Pakhtunkhwa; and (b) “Court”
means the Court of the District Judge or any other Court empowered in this
behalf by Government and the High Court in the exercise of its ordinary
original civil jurisdiction. 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: (a)
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 (b)
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. 4. Contents
and verification of petition.---
(1) The petition shall show in
what way the petitioner claims to be interested in the trust, and shall
specify, as far as may be, the particulars and the audit which he seeks to
obtain. (2) The
petition shall be in writing and shall be signed and verified in the manner
prescribed by the Code of Civil Procedure,1908(Act No.V of 1908) for signing
and verifying plaints. 5. Procedure on petition.--- (1) If the Court
on receipt of a petition under section 3, after taking such evidence and making
such inquiry, if any, as it may consider necessary, is of opinion that the
trust to which the petition relates is a trust to which this Act applies, and
that the petitioner has an interest therein, it shall fix a date for the
hearing of the petition, and shall cause a copy thereof, together with notice
of the date so fixed, to be served on the trustee and upon any other person to
whom in its opinion notice of the petition should be given. (2) On
the date fixed for the hearing of the petition, or on any subsequent date to
which the hearing may be adjourned, the Court shall proceed to hear the
petitioner and the trustee, if he appears, and any other person who has
appeared in consequence of the notice, or who it considers ought to be heard,
and shall make such further inquiries, if any, as it thinks fit. The trustee
may and, if so required by the Court, shall , at the time of the first hearing
or within such time as the Court may permit, present a written statement of his
case. If he does present a written statement, the statement shall be signed and
verified in the manner prescribed by the Code of Civil Procedure, 1908 (Act
No.V of 1908), for signing and verifying pleadings. (3) If
any person appears at the hearing of the petition and either denies the
existence of the trust or denies that it is a trust to which this Act applies,
and undertakes to institute within three months a suit for a declaration to
that effect and for any other appropriate relief, the Court shall order a stay
of the proceedings and, if such suit is so instituted, shall continue the stay,
until the suit is finally decided. (4) If
no such undertaking is given, or if after the expiry of the three months no
such suit has been instituted, the Court shall itself decide the question. (5) On
completion of the inquiry provided for in sub-section (2), the Court shall
either dismiss the petition or pass thereon such other order as it thinks fit: Provided that, where a suit has been
instituted in accordance with the provisions of sub-section (3), no order shall
be passed by the Court which conflicts with the final decision therein. (6) Save
as provided in this section, the Court shall not try or determine any question
of title between the petitioner and any person claiming title adversely to the
trust.
7. Powers
of trustee to apply for directions.---(1) Save as hereinafter provided
in this Act, any trustee of an express or constructive trust created or
existing for 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, for the
opinion, advice or direction of the Court on any question affecting the
management or administration of the trust property, and the Court shall give
its opinion, advice or direction, as the case may be, thereon: Provided that the Court shall not be
bound to give such opinion, advice or direction on any question which it
considers to be a question not proper for summary disposal. (2) The
Court on a petition under sub-section (1), may either give its opinion, advice
or direction thereon forthwith, or fix a date for the hearing of the petition,
and may direct a copy thereof, together with notice of the date so fixed, to be
served on such of the persons interested in the trust, or to be published for information
in such manner, as it thinks fit. (3)
On any date fixed under sub-section (2) or on any subsequent date to which the
hearing may be adjourned, the Court, before giving any opinion, advice or
direction, shall afford a reasonable opportunity of being heard to all persons
appearing in connection with the petition. (4)
A trustee stating in good faith the facts of any matter relating to the trust
in a petition under sub section (1), and acting upon the opinion, advice or
direction of the Court given thereon, shall be deemed, as far as his own
responsibility is concerned, to have discharged his duty as such trustee in the
matter in respect of which the petition was made. 8. Costs
of petition under this Act.--- The costs, charges and expenses of and
incidental to any petition, and all proceedings in connection therewith, under
the foregoing provisions of this Act, shall be in the discretion of the Court,
which may direct the whole or any part of any such costs, charges and expenses
to be met from the property or income of the trust in respect of which the
petition is made, or to be borne and paid in such manner and by such persons as
it thinks fit: Provided that no such order
shall be made against any person other than the petitioner who has not received
notice of the petition and had a reasonable opportunity of being heard thereon. 9. Savings.---No petition
under the foregoing provisions of this Act in relation to any trust shall be
entertained in any of the following circumstances, namely: (a)
if a suit instituted in
accordance with the provisions of section 92 of the Code of Civil Procedure,
1908(Act No.V of 1908), is pending in respect of the trust in question; (b)
if the trust property is vested
in the Treasurer of Charitable Endowments, the Administrator-General, the
Official Trustee, or any Society registered under the Societies Registration
Act, 1860(Act XXI of 1860); and (c)
if a scheme for the
administration of the trust property has been settled or approved by any Court
of competent jurisdiction, or by any other authority acting under the
provisions of any enactment. 10. Power
of Courts as to costs in certain suits against trustees of charitable and
religious trusts.---(1) In any suit instituted under section 92 of the
Code of Civil Procedure, 1908(Act No. V of 1908), the Court trying such suit
may, if, on application of the plaintiff and after hearing the defendant and
making such inquiry as it thinks fit, it is satisfied that such an order is
necessary in the public interest, direct the defendant either to furnish
security for any expenditure incurred or likely to be incurred by the plaintiff
in instituting and maintaining such suit, or to deposit from any money in his
hands as trustees of the trust to which the suit relates such sum as such Court
considers sufficient to meet such expenditure in whole or in part. (2) When
any money has been deposited in accordance with an order made under sub-section
(1), the Court may make over to the plaintiff the whole or any part of such sum
for the conduct of the suit. Before making over any sum to the plaintiff, the
Court shall take security from the plaintiff for the refund of the same in the
event of such refund being subsequently ordered by the Court. 11. Provisions
of the Code of Civil Procedure to apply.----(1) The
provisions of the Code of Civil Procedure, 1908 (Act No. V of 1908), relating
to- (a) the proof of facts by affidavit; (b) the
enforcing of the attendance of any person and his examination on oath; (c) the
enforcing of the production of documents; and (d) the
issuing of commissions, shall apply to all proceedings under this Act, and the
provisions relating to the service of summonses shall apply to the service of
notices thereunder. (2) The provisions of the said Code relating
to the execution of decrees shall, so far as they are applicable, apply to the
execution of orders under this Act. 12. Barring
of appeals.--- No appeal shall lie from any order passed or
against any opinion, advice or direction given under this Act. 13. Repeal.----(1) The Charitable and Religious Trust Act,
1920(Act No.XIV of 1920), in its application to the Province of Khyber
Pakhtunkhwa, is hereby repealed.
(2) Notwithstanding
the repeal of the Charitable and Religious Trusts Act, 1920 (Act No.XIV of
1920), anything done, or action taken or decision or order made under the
repealed Act, shall have effect as if done, taken or made under this Act. |