CHARITABLE
ENDOWMENTS ACT
(
VI OF 1890)
[7th
March, 1890]
An
Act
to provide for the
Vesting and Administration of Property held in trust for charitable purposes
.
Preamble: 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.- This Act may be called the Charitable Endowments
Act, 1890 .
[(2) It extends to the whole of Pakistan] ; and
(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 worship.
3. Appointment and
incorporation of Treasurer of Charitable Endowments .
The [Federal Government] may appoint an officer of the
Government by the name of his office to be Treasurer of Charitable Endowments
for [Pakistan], and the Government 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.
Such Treasurer shall, for the purposes of taking, holding
and transferring movable or immovable property under the authority of this Act,
be a corporation sole by the name of the Treasurer of Charitable Endowments for
[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.
3A.
Definition of “appropriate Government”, etc. : In the subsequent provision
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 [Federal Government]
extends, the Government of the Province, and as respects any other charitable
endowment the [Federal Government].
4. Orders vesting property in
Treasurer :
Where any property is held or is to be applied in trust for
a charitable purpose, the [appropriate Government], if it thinks fit, may, on
application made as hereinafter mentioned, and subject to the other provisions
of this section, order, by notification 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 [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.
[ Rep. by
A.O., 1937].
(4) An order
under this section vesting property in a Treasure 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 :
On application made as hereinafter mentioned, and with the
concurrence of the person or persons making the application, the [appropriate
Government], if it thinks fit, may settle a scheme 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 make as hereinafter mentioned, and
with the concurrence of the person or persons making the application, the
[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 [appropriate 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: [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 [appropriate Government], 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.-
(1) Mode of applying for vesting orders and schemes: 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 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.
7. Exercise by
Governor-General-in-Council of powers of Local Government:
[Rep. by A.O.,
1937].
8.-
(1) Bare trusteeship of Treasurer : 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 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:
A Treasurer of Charitable Endowments shall cause to be
published annually in the [official Gazette], at such time as the [appropriate
Government] may direct, a list of all properties for the time being vested in
him under this Act and on abstract of all accounts kept by him under subsection
(2) of the last foregoing section.
10.-(1)
Limitation of functions and powers of Treasurer: 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 director, to invest the proceeds of the sale or other
disposal of the property in any such security for money as is [specified in the
direction], or in the purchase of immovable property.
(3)
When a Treasurer of Charitable Endowments is
divested, by a direction of [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. Provisions 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 [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.
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 Pakistan or for any
Province for which such a Treasurer has not previously been appointed or for
any other reason it appears to the [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.
13. Power to frame forms and
make rules:
[ Omitted by the
Act, XXXVIII of 1920].
(2) The [appropriate Government] may
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;
(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
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, not shall any suit
be instituted against the 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 willful
neglect or default.
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 (11 of
1913)].
16. General controlling
authority of Governor General-in-Council:
[Rep. by the
Devolution Act, XXXVIII of 1920, S. 2 and Schedule i, Pt. I].
Subs. By the
Federal Laws (Revision and Declaration) Ordinance, XXVII of 1981, S. 3 AND Sch.
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