Charitable Endowments Act, 1890

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THE CHARITABLE ENDOWMENTS ACT, 1890 
 
 
 
CONTENTS 
 
1. Title, extent and commencement. 
 
2. Definition.  
 
3. Appointment and incorporation of Treasurer of Charitable Endowments. 
 
3A. Definition of “appropriate Government”, etc.  
 
4. Orders vesting property in Treasurer. 
 
5. Schemes for administration of property vested in the Treasurer. 
 
6. Mode of applying for vesting orders and schemes. 
 
7. Exercise by Governor General in Council of powers of Local Government. 
 
8. Bare trusteeship of Treasurer. 
 
9. Annual publication of list of properties vested in Treasurer.  
 
10. Limitation of functions and powers of Treasurer. 
 
11. Provisions for continuance of office of Treasurer in certain contingencies.  
 
12. Transfer of property from one Treasurer to another.  
 
13. Power to frame forms and make rules.  
 
14. Indemnity to Government and Treasure. 
 
15. Saving of provisions of the Official Trustees Act, 1913.  
 
16. General controlling authority of Governor General in Council. 
 

 
 
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THE CHARITABLE ENDOWMENTS ACT, 1890 
 
1
ACT 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 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 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 of Charitable Endowments for 6[ 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.] 
 
 (2) Such Tr easurer sh all, for the purpos es of t aking, holding and tr ansferring moveable or 
immoveable property under the authority of this Act, be a corporation sole by the n ame of the 
Treasurer of Charitable Endowments for 7[8[ 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. 
 
 1For 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 
 modifications 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). 
 2The 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). 
 3See also s. 8 of the Charitable Funds (Regulation of Collections) Act, 1953 (31 of 1953). 
 4Subs. by A. O., 1937, for the original sub-section (1). 
 5Subs. by F. A. O., 1975, Art. 2 and Table, for “Central Government”. 
 6Subs. by A. O., 1949, Sch., for “India”. 
 7Subs. by A. O., 1937, for “the territories subject to the L.G.”. 
 8Subs. by A. O., 1949, Sch; for “India”. 
 
 
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 1[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 
2[Federal Government] extends, the Government of the Province, and as respects any other charitable 
endowment the 2[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 3[appropriate Government], if it thinks fit, may, on 
application made as hereinafter mentioned, and subject to the other provisions of this section, order, 
by 4notification 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 3[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. 
 
 5[*  *  *  *  *  *  *] 
 
 (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 3[appropriate Government], if it thinks fit, may settle a 6scheme for the 
administration of  any property which has been or is to be vested in the Tr easurer 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  3[appropriate Go vernment] 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 u nder this section shall, subject to the oth er 
provisions of  this section, come into operation on a day to  be appointed by the 2[appropriate 
Government] in this behalf, and shall remain in force so long as the property to  which it r elates 
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. 
 
 
1Ins. by A. O., 1937. 
2Subs, by F.A.O., 1975, Art. 2 and Table, for “Central Government”. 
3Subs. by A. O., 1937, for “L.G.”. 
4For notifications issued under this section in conjunction with s. 5, see different local R. & O. 
5Sub-section (3) rep. by A. O., 1937. 
6For 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. 
 
 
 
 
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 (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: 
 
 2[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 1[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. 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. 
 
 7. [Exercise by Governor General in Council of powers of Local G overnment.] 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 s ecurities 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 hi m, p ermit the p ersons acting in the a dministration 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. 
 
1Subs. by A. O; 1937, for “L.G.”. 
2Proviso ins. ibid. 
 
 
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 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 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 3[specified in the 
direction], or in the purchase of immoveable property. 
 
 (3) When a T reasurer of Charitable Endowments is divested, by a d irection of 4[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 . I f 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 5[appropriate Government] ma y 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. 
 
 6[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 7[Pakistan] or for 
any Province for which such a Treasurer has not previously been appointed or for any other reason it 
appears to the 8[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 .] 
 
 9[13.Power to frame forms and make rules. 10[* *  *  *  *  *  *] 
 
 1Subs. by A. O., 1937, for “Local official Gazette”. 
 2Subs. ibid., for “L.G.”. 
 3Subs. by A.O., 1937, for “mentioned in section 4, sub-section (3), clause (a), (b), (c), (d) or (e)”. 
 4Sub. ibid., for “the L. G. or the G. G. in C”. 
 5Subs. 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. 
 6Subs. by A.O., 1937, for the original s. 12. 
 7Subs. by A.O., 1949, Sch., for “India”. 
 8Subs. by F. A.O., 1975, Art. 2 and Table, for “Central Government”. 
 9Subs. by Act, 38 of 1920, s. 2 and Sch. I, for the original section 13. 
 10Sub-section (1) rep. by A.O.,1937. 
 
 
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 (2) The 1[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; 
 
(c)  prescribing the  forms in which accounts are to be kept by Treasurers of 
Charitable Endow ments 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 
2[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 r espect of the  exercise of, or the failure to exercise, any power conferred by this A ct 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 m isapplication of any prop erty 
vested in him, or the in come thereof, where the loss or misapplication has been o ccasioned by or 
through his wilful neglect or default. 
 
 3[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 (II of 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. 
 
 
 
 
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Date: 05-09-2024 
 1Subs. ibid., for “L. G.”. 
 2Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956), for “Crown” which had been subs. by A.O; 1937, for “Govt.”. 
 3Subs. 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.