Charitable and Religious Trusts Act,1920
Act No : 14
Section :
Powers of trustee to apply for directions.
7. Powers of trustee to apply for directions.-(1) Save ashereinafter provided in this Act, any trustee of an express orconstructive trust created or existing for public purpose of acharitable or religious nature may apply by petition to the Court,within the local limits of whose jurisdiction any substantial part ofthe subject-matter of the trust is situate, for the opinion, advice ordirection of the Court on any question affecting the management oradministration of the trust property, and the Court shall give itsopinion, 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 aquestion not proper for summary disposal. (2) The Court on a petition under sub-section (1), may eithergive its opinion, advice or direction thereon forthwith, or fix a datefor the hearing of the petition, and may direct a copy thereof,together84with notice of the date so fixed, to be served on such of the personsinterested in the trust, or to be published for information in suchmanner, as it thinks fit. (3) On any date fixed under sub-section (2) or on any subsequentdate to which the hearing may be adjourned, the Court, before givingany opinion, advice or direction, shall afford a reasonableopportunity of being heard to all persons appearing in connection withthe petition. (4) A trustee stating in good faith the facts of any matterrelating to the trust in a petition under sub-section (1), and actingupon the opinion, advice or direction of the Court given thereon,shall be deemed, as far as his own responsibility is concerned, tohave discharged his duty as such trustee in the matter in respect ofwhich the petition was made.
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