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Sha'ban 12, 1436/Sanivara
Jyaistha 09, 1937, at 12:49:14 PM
The Charitable Endowments Act, 1890
1ACT No. VI OF 1890
[7th March, 1890]
An Act to provide for the Vesting and Administration of Property
held in trust for charitable purposes.
WHEREAS it is expedient to provide for the vesting and administration of
property held in trust for charitable purposes;
It is hereby enacted as follows:---
1. Title, extent and commencement.(1) This Act may be called the Charitable
Endowments Act, 1890.
2[(2) It extends to the whole of
(3) It shall come into force on the first day of October, 1890.
2. Definition. In this Act, charitable purpose
includes relief of the poor, education,
medical relief and the advancement of any other object of general public utility, but does not
include a purpose which relates exclusively to
religious teaching or worship3.
3. Appointment and incorporation of Treasurer of Charitable Endowments.-
4[(1) The 5[Federal Government] may appoint an officer of the Government by the name of his
office to be Treasurer a of Charitable Endowments for 6[
1 For
Statement of
Objects and Reasons, see Gazette of India, 1889, Pt. V, p. 137
; for Report of the Select Committee, see ibid.. 1890, p. 65; and for
Proceedings in Council, see ibid., 1889, Pt. VI, pp. 117 and 190, and ibid., 1890, Pt. VI, p. 37.
It has been applied to
Phulera in the Excluded Area of Upper
Tanawal to
the
extent the Act is applicable in the N.W.F.P. subject to certain modi- fications ; and also extended to
the Excluded
Area of Upper
Tanawal (N. W.F.P.) other than Phulera with effect from such date and subject to
such modifications as may be notified, see N. W.F.P. (Upper
Tanawal) (Excluded Area) Laws Regulation, 1950.
This Act has been repealed in so far as it relates to charitable endowments the objects of which
do not extend beyond the N.W.F.P. see
the North-
West
Frontier Province Muslim Waqf Act, 1947
(22
of 1947), s. 37
and
Sch.
It has been extended
to the Leased Areas of
Baluchistan, see the Leased Areas (Laws) Order, 1950 (G. G. O. 3 of 1950); and
applied in
the
Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499.
See also s. 8 of. the Charitable Funds (Regulation of
Collections) Act, 1953
(31 of
1953).
2 The existing sub-section (2) as amended by A. O., 1949, Arts. 3(2) and 4, the Burma Laws Act, 1898
(13
of 1898), s. 18
and
Sch. V and Act (26 of
1951), s. 8, has been subs. by Ordinance 21 of 1960, s. 3 and 2nd Sch., (with effect from 14th
October, 1955).
3 See also s. 8 of the Charitable Funds (Regulation of Collections) Act, 1953 (31 of 1953).
4 Subs. by A. O., 1937, for
the original sub-section (1).
5 Subs. by F. A. O., 1975, Art. 2
and
Table, for
Central Government.
6 Subs. by A. O., 1949, Sch., for
of any Province may appoint an officer of the Government by the name of his office to be
Treasurer of Charitable Endowments for the Province.]
(2) Such Treasurer shall,
for
the
purposes of taking, holding
and transferring moveable or immoveable property under the authority
of this Act, be a corporation sole by the
name of the Treasurer of Charitable Endowments for 1[2[ Pakistan] or, as the case may be, the Province],
and, as such treasurer, shall have perpetual succession
and a corporate seal, and may
sue and be sued in his corporate name.
3[3A. Definition of appropriate Government, etc. In the subsequent provisions
of this Act the appropriate Government means, as respects a charitable endowment, the objects of
which do not extend beyond a single Province and are not objects to which the executive
authority of the 4[Federal Government] extends, the Government of the Province, and as respects any other charitable endowment the 4[Federal Government.]
4. Orders vesting property in Treasurer.(1) Where any property is held or is to
be applied in trust for a charitable purpose, the 5[appropriate Government], if it thinks fit, may,
on application made as hereinafter mentioned, and subject to the other provisions of this section,
order, by 6notification in the official Gazette, that the property
be vested in the Treasurer of
Charitable Endowments on such terms
as
to the application of the property or the income thereof as may be agreed on between the 5[appropriate Government] and the person or persons making
the application,
and the property shall thereupon so vest accordingly.
(2) When any property has vested under this section in a Treasurer of Charitable
Endowments, he is entitled to all documents of title relating thereto.
7* * * * * * *
(4) An order under this section vesting property in a Treasurer of Charitable
Endowments shall not require or be deemed
to require him to administer the property, or impose
or be deemed to impose upon him the duty of a trustee with respect to the administration thereof.
5. Schemes for administration of property vested in the Treasurer.(1) On
application made as hereinafter mentioned, and with the concurrence of the person or persons
making the application,
the 5[appropriate Government], if it thinks fit, may
1Subs. by A. O., 1937, for the territories subject to the L.G..
2Subs. by A. O., 1949, Sch; for
3Ins. by A. O., 1937.
4Subs, by F.A.O., 1975, Art. 2
and Table, for Central Government.
5Subs. by A. O., 1937, for L.G..
6For notifications issued under
this section in conjunction with s. 5, see different local R. & O.
7Sub-section (3) rep. by A. O., 1937.
settle a 1scheme for the administration
of any property which has been or is to be vested in the Treasurer of Charitable endowments,
and
may in such scheme appoint,
by name or office, a
person or persons, not being or including such Treasurer, to administer the property.
(2) On application made as hereinafter mentioned, and with the concurrence of the
person or persons making the application, the 2[appropriate Government] may, if it thinks fit, modify any scheme settled under this section
or substitute another scheme in its stead.
(3) A scheme settled, modified or substituted under this section shall, subject to the other provisions of this section,
come into operation on a day to be appointed by the 2[appro- priate Government] in this behalf, and shall remain in force so long as the property to which it
relates continues to be vested in the Treasurer of Charitable Endowments
or until it has been modified or another such scheme has been substituted in its stead.
(4) Such a scheme, when it comes into operation, shall supersede
any decree or
direction relating to the subject-matter thereof in so far as such decree or direction
is in
any way repugnant thereto,
and
its validity shall not be questioned in any Court, nor shall any Court give, in contravention
of the provisions of the scheme or in any way contrary or in addition thereto, a
decree or direction
regarding the administration of the property to which the scheme relates:
3[ Provided that nothing in this sub-section shall be construed as precluding a Court from
inquiring whether the Government by which a scheme was made was the appropriate
Government.]
(5) In the
settlement of such a scheme effect shall be given to
the wishes of the author
of the trust so far as they can be ascertained, and, in the opinion of the 2[appropriate Govern- ment], effect can reasonably be
given to them.
(6) Where a scheme has been settled under this section for the administration of property not already vested in the Treasurer of Charitable Endowments, it shall not come into
operation until the property has become so vested.
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
1For notification setting
a scheme for the Administration of the Pakistan Army Endowment Fund Trust Fund, see Gazette of Pakistan, 1958, Pt. I, pp. 18 and 20.
2 Subs. by A. O; 1937, for L.G..
3 Proviso
ins. ibid.
(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.
7. [Exercise by Governor General in Council of powers of Local Government.]
Rep. by A.O., 1937.
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 in so far 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 beha lf 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. A
Treasurer of Charitable Endowments shall cause to
be published annually in the l[official Gazette], at
such time as the 2[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 sub -section (2) of the last foregoing section.
10. Limitation
of functions and powers of Treasurer.(l) A Treasurer of Charitable Endowments shall always be a sale 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 dive sting 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
1Subs. by A. O., 1937, for Local
official
Gazette.
2Subs. ibid., for
L.G..
proceeds of the sale or other disposal of the property in any such security for money as is
l[specified in the direction], or in the purchase of immoveable property.
(3) When a
Treasurer of Charitable Endowments is divested, by a
direction of 2[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 Treasure 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 3[appropriate Government]
may appoint the same or another officer 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.
4[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 5[Pakistan]
or for
any Province for
which such
a Treasurer
has not
previously
been
appointed or for any
other reason it appears to the 6[Federal 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 .]
7[13. Power to frame forms and make rules. 8** * * * * *
(2) The 9[appropriate Government] my make 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;
1Subs. by A.O., 1937, for
mentioned
in section
4,
sub-section (3), clause (a), (b), (c), (d) or (e).
2Sub. ibid., for
the L. G. or
the
G. G. in
C.
3Subs. ibid., for
L. G. which
had
been subs. for G. G. in
C.
by the Devolution Act, 1920 (38
of 1920), s. 2 and Sch. 1.
4Subs. by A.O., 1937, for the original s. 12.
5Subs. by A.O., 1949, Sch., for
6Subs. by F. A.O., 1975, Art. 2
and
Table, for
Central
Government.
7Subs. by Act, 38 of
1920, s. 2 and Sch. I, for the original
section 13.
8Sub-section (1) rep. by A.O.,1937.
9Subs. ibid., for
L. G..
(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]
14. Indemnity to Government and Treasure. No suit shall be instituted against the
l[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 being subject to a trust for a charitable
purpose, or for making him chargeable with or accountable
for the loss at 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.
2[15. Saving of provisions of
the
Official Trustees Act, 1913.
Nothing in
this Act shall be
construed to impair the operation of the Official Trustees Act, 1913].
16.
[General controlling
authority
of
Governor General in Council.] Rep.by the
Devolution Act, 1920 (XXXVIII of 1920), s. 2 and Schedule. I, Pt. I.
1Subs. by A.O., 1961, Art. 2 (with effect from the 23rdMarch,
1956), for
Crown which
had
been subs. by
A.O; 1937, for Govt..
2Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of
1981), s. 3 and
2nd Sch., for
the existing section
15, which was amended by A. O., 1949 and Act 2 of 1913.
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