Powers and Duties of Public Trustee
General powers and duties of Public Trustee
4.—(1)  Subject to and in accordance with this Act and the rules made thereunder, the Public Trustee may —
(a)act in the administration of estates of small value;
(b)act as an ordinary trustee;
(c)be appointed trustee by a court of competent jurisdiction.
(2)  Subject to and in accordance with this Act and the rules made thereunder, the Public Trustee may act either alone or jointly with any person or body of persons in any capacity to which he is appointed in pursuance of this Act, and shall have all the same powers, duties and liabilities, and be entitled to the same rights and immunities and be subject to the control and orders of the court, as a private trustee acting in the same capacity.
(3)  The Public Trustee may decline, either absolutely or except on the prescribed conditions, to accept any trust, but he shall not decline to accept any trust on the ground only of the small value of the trust property.
(4)  The Public Trustee shall not accept any trust which involves the management or carrying on of any business, except in the cases in which he is authorised to do so by rules made under this Act, nor any trust under a deed of arrangement for the benefit of creditors, nor the administration of any estate known or believed by him to be insolvent.
(5)  Subject to any conditions or restrictions imposed in writing by the Minister, an Assistant Public Trustee may exercise all or any of the powers and perform all or any of the duties of the Public Trustee under any written law except —
(a)the power or duty of accepting or declining to accept any trust;
(b)the power of transferring securities and of assuring immovable property:
Provided that an Assistant Public Trustee shall have power to transfer by endorsement cheques and other negotiable instruments to any banker or other duly authorised agent of the Public Trustee; and
(c)the power of making payments or advances out of trust funds:
Provided that the Public Trustee may in writing authorise an Assistant Public Trustee to make such payments or advances as he may direct.
Public Trustee may represent minor in certain cases
5.—(1)  The Public Trustee may, on his own application, or on the application of any other person by summons, be appointed by the court to act as next friend of any minor for the purpose of instituting any suit or proceeding in the name of the minor.
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(2)  If in any pending suit or proceeding it becomes necessary to add any minor as co-plaintiff the court may of its own motion or on the application of the Public Trustee or any other person appoint the Public Trustee to act as next friend of the minor in the suit or proceeding.
(3)  In any suit or proceeding in which a minor is defendant or in which it becomes necessary to add a minor as co-defendant, the court of its own motion or on the application of the Public Trustee or any other person may appoint the Public Trustee to act as guardian for the suit for the minor for the purposes of the suit or proceeding.
(4)  The court shall not make any order under this section unless provision is made to the satisfaction of the court for the payment of the Public Trustee’s costs as between solicitor and client and for the payment of any costs which may be awarded against the Public Trustee or directed to be paid by him.
(5)  In any suit or proceeding in which the Public Trustee is appointed under this section to act for a minor, no costs shall be recoverable from the Public Trustee personally or from the Government.
(6)  In this section, “suit” means a suit for the administration of the estate of any deceased person or of a trust, and “proceeding” means a proceeding under Order 80 of the Rules of the Supreme Court* or under Order 72 of the Subordinate Courts Rules.
*   See G.N. No. S 274/70.
†   See G.N. No. S 59/86.