Charitable Endowments Act, 1890- Sections 6 to 16

6. Mode of applying for vesting orders and schemes.

6. Mode of applying for vesting orders and schemes.—(1) The application referred to in the two last foregoing sections must be made,—

(a) if the property is already held in trust for a charitable purpose, then by the person acting in the administration of the trust, or, where there are more persons than one so acting, then by those persons or a majority of them; and

(b) if the property is to be applied in trust for such a purpose, then by the person or persons proposing so to apply it.

(2) For the purposes of this section the executor or administrator of a deceased trustee of property held in trust for a charitable purpose shall be deemed to be a person acting in the administration of the trust.[i]

7. Exercise by Governor General in Council of powers of Local Government.

7. Exercise by Governor General in Council of powers of Local Government.—[Rep. by the A.O. 1937].

8. Bare trusteeship of Treasurer.

8. Bare trusteeship of Treasurer.—(1) Subject to the provisions of this Act, a Treasurer of Charitable Endowments shall not, as such Treasurer, act in the administration of any trust whereof any of the property is for the time being vested in him under this Act.

(2) Such Treasurer shall keep a separate account of each property for the time being so vested insofar as the property consists of securities for money, and shall apply the property or the income thereof in accordance with the provision made in that behalf in the vesting order under Section 4 or in the scheme, if any, under Section 5, or in both those documents.

(3) In the case of any property so vested other than securities for money, such Treasurer shall, subject to any special order which he may receive from the authority by whose order the property became vested in him, permit the persons acting in the administration of the trust to have the possession, management and control of the property and the application of the income thereof, as if the property had been vested in them.

9. Annual publication of list of properties vested in Treasurer.

9. Annual publication of list of properties vested in Treasurer.—A Treasurer of Charitable Endowments shall cause to be published annually in the Official Gazette, at such time as the [ii][appropriate Government] may direct, a list of all properties for the time being vested in him under this Act and an abstract of all accounts kept by him under Section 2 of the last foregoing section.

10. Limitation of functions and powers of Treasurer.

10. Limitation of functions and powers of Treasurer.—(1) A Treasurer of Charitable Endowments shall always be a sole trustee, and shall not, as such Treasurer, take or hold any property otherwise than under the provisions of this Act, or subject to those provisions, transfer any property vested in him except in obedience to a decree divesting him of the property, or in compliance with a direction in that behalf issuing from the authority by whose order the property became vested in him.

(2) Such a direction may require the Treasurer to sell or otherwise dispose of any property vested in him, and, with the sanction of the authority issuing the direction, to invest the proceeds of the sale or other disposal of the property in any such security for money as is [iii][specified in the direction], or in the purchase of immovable property.

(3) When a Treasurer of Charitable Endowments is divested, by a direction of [iv][the appropriate Government] under this section, of any property, it shall vest in the person or persons acting in the administration thereof and be held by him or them on the same trusts as those on which it was held by such Treasurer.

11. Provision for continuance of office of Treasurer in certain contingencies.

11. Provision for continuance of office of Treasurer in certain contingencies.—If the office held by an officer of the Government who has been appointed to be a Treasurer of Charitable Endowments is abolished or its name is changed, the [v][appropriate Government] may appoint the same or another office of the Government by the name of his office to be such Treasurer, and thereupon the holder of the latter office shall be deemed for the purposes of this Act to be the successor in office of the holder of the former office.

12. Transfer of property from one Treasurer to another.

[vi][12. Transfer of property from one Treasurer to another.—If by reason of any alteration of areas or by reason of the appointment of a Treasurer of Charitable Endowments for India or for any State for which such a Treasurer has not previously been appointed or for any other reason it appears to the Central Government that any property vested in a Treasurer of Charitable Endowments should be vested in another such Treasurer, that Government may direct that the property shall be so vested and thereupon it shall vest in that other Treasurer and his successors as fully and effectually for the purposes of this Act, as if it had been originally vested in him under this Act.]

13. Power to frame forms and make rules.

[vii][13. Power to frame forms and make rules.—[viii][* * *]

[ix][(1)] The [x][appropriate Government] [xi][by notification in the Official Gazette] may make [xii]rules consistent with this Act for—

(a) prescribing the fees to be paid to the Government in respect of any property vested under this Act in a Treasurer of Charitable Endowments;

(b) regulating the cases and the mode in which schemes or any modification thereof are to be published before they are settled or made under Section 5;

(c) prescribing the forms in which accounts are to be kept by Treasurers of Charitable Endowments and the mode in which such accounts are to be audited; and

(d) generally carrying into effect the purposes of this Act.]

[xiii][(2) Every rule made by the State Government under this Act, shall be laid, as soon as may be after it is made, before the State Legislature.

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

14. Indemnity to Government and Treasurer.

14. Indemnity to Government and Treasurer.—No suit shall be instituted against the Government in respect of anything done or purporting to be done under this Act, or in respect of any alleged neglect or omission to perform any duty devolving on the Government under this Act, or in respect of the exercise of, or the failure to exercise, any power conferred by this Act on the Government, nor shall any suit be instituted against a Treasurer of Charitable Endowments except for divesting him of property on the ground of its not being subject to a trust for a charitable purpose, or for making him chargeable with or accountable for the loss or misapplication of any property vested in him, or the income thereof, where the loss or misapplication has been occasioned by or through his wilful neglect or default.

15. Saving with respect to Advocate General and Official Trustee.

15. Saving with respect to Advocate General and Official Trustee.—Nothing in this Act shall be construed to impair the operation of Section 111 of the [xiv]Statute 53, George III, Chapter 155, or of any other enactment for the time being in force, respecting the authority of an Advocate General at a presidency to act with respect to any charity, or of Sections 8, 9, 10 and 11 of Act[xv] 17 of 1864 (an Act to constitute an Office of Official Trustee) respecting the vesting of property in trust for a charitable purpose in an Official Trustee.

16. General controlling authority of Governor General in Council.

16. General controlling authority of Governor General in Council.—[Rep. by the Devolution Act, 1920 (38 of 1920), S. 2 and Sch. I, Pt. I].

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