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The Official Trustees Act, 1913

( ACT NO. II OF 1913 )

Auditors to be appointed to examine Official Trustee’s accounts, etc., and to report to Government
19. (1) The accounts of the Official Trustee shall be audited at least once annually and at any other time if the Government so direct by the prescribed person and in the prescribed manner.
(2) The auditor shall examine such accounts, and shall forward to Government a statement thereof in the prescribed form, together with a report thereon and a certificate signed by him showing-
(a) whether the accounts have been audited in the prescribed manner, and
(aa) whether, so far as can be ascertained by such audit, the accounts contain a full and true account of everything which ought to be contained therein, and
(b) whether the books, which by any rules made under this Act are directed to be kept by the Official Trustee, have been duly and regularly kept, and
(c) whether the trust funds and securities have been duly kept and invested and deposited in the manner prescribed by this Act or any rules made thereunder;
or (as the case may be) that such accounts are deficient, or that the Official Trustee has failed to comply with this Act or the rules made thereunder, in such respects as may be specified in such certificate.
Auditor’s power to summon witnesses and to call for documents
20. (1) Every auditor shall have the powers of a Civil Court under the Code of Civil Procedure, 1908.
(a) to summon any person whose presence he may think necessary to attend him from time to time, and
(b) to examine any person, on oath to be by him administered, and
(c) to issue a commission for the examination on interrogatories or otherwise of any person, and
(d) to summon any person to produce any document or thing, the production of which appears to be necessary for the purposes of such audit or examination.
(2) Any person who, when summoned, refuses, or without reasonable cause neglects to attend or to produce any document or thing or attends and refuses to be sworn, or to be examined shall be deemed to have committed an offence within the meaning of, and punishable under, section 188 of the 1[Penal Code], and the auditor shall report every case of such refusal or neglect to Government.
Costs of audit, etc., how paid
21. The cost of and incidental to every such audit and examination shall be determined in accordance with rules made by the Government and shall be defrayed in the prescribed manner.
Right of beneficiary to inspection and copies of accounts
22. Every beneficiary under a trust which is being administered by the Official Trustee shall, subject to such conditions and restrictions as may be prescribed, be entitled, at all reasonable times, to inspect the accounts of such trust, and the report and certificate of the auditor and, on payment of the prescribed fees, to be furnished with copies thereof or extracts therefrom, and nothing in the Trusts Act, 1882, shall affect the provisions of this section.

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Ministry of Law, Justice and Parliamentary Affairs