CHARITABLE ENDOWMENTS ACT 1890

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Charitable Endowments 
 
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. Omitted 
8. Bare trusteeship of Treasurer 
9. Annual publication of list of properties vested in Treasurer 
 10. Limitation of functions and powers of Treasurer 
 11. Provision for continuance of office of Treasure 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 Treasurer 
 15. Saving of provisions of the Official Trustees Act, 1913 
 16. Omitted 
  
THE CHARITABLE ENDOWMENTS ACT, 1890 
(VI of 1890) 
 
TEXT 
 
1
THE CHARITABLE ENDOWMENTS ACT, 1890 
(VI of 1890) 
[8th 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.] 
(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 .– 
3
[(1) 
The 
4
[Federal Government] may appoint an officer of the Government by the name of his 
office to be treasurer of charitable endowments for 
5
[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 Treasurer shall, for the purposes of taking, holding and transferring 
moveable or immoveable property under the author ity of this Act, be a corporation sole by 
the name of the Treasurer of Charitable Endowments for 
6
[ 
7
[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. 
                                                
1This Act was published in the Gazette of India,  dated: 8 March 1890, pp. 17 -19. For Statement of Objects and Reasons, see 
Gazette of India, 1889, Part V, p. 137 ; for Report of the Select Committee, see ibid. , 1890, p. 65; and for Proceedings in 
Council, see ibid., 1889, Part VI, pp. 117 and 190, and ibid., 1890, Part VI, p. 37. 
2Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 
1960; and, was published in Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second 
Schedule: it came into force on 14 October 1955. 
3Substituted by the Government of India (Adaptation of Indian Laws) Order, 1 937, published in the Gazette of India 
(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 
4Substituted for the words “Central Government” by  the Federal Adaptation  of Laws  Order, 1975 ( P. O. No. 4 of 1975), 
published in the Gazette of Pakistan (Extraordinary), dated: 1 August  1975, pp. 435 -467, Article 2  read with the Table of 
General Adaptations. 
5Substituted for the word “India” by  the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), 
published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. 
6Substituted for the words “the territories subject to the Local Government” by the Government of India (Adaptation of Indian 
Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the 
First Schedule. 
7Substituted for the word “India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), 
published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. 
 
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 n ot 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 
3
[Federal Government].] 
4.  Orders vesting property in Treasurer .– (1) Where any property i s held or is to be 
applied in trust for a charitable purpose, the 
4
[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 Ga zette, 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. 
6
[(3)  * * * * * * * * * * * * * * * * * *] 
(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 
7
[appropriate Government], if it th inks 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 made as hereinafter mentioned, and with the concurrence of the 
person or persons making the application, the 
8
[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 
9
[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. 
                                                
1Inserted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India 
(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 
2Substituted for the words “Central Government” by  the Federal Adaptation of Laws Order, 1975 ( P. O. No. 4 of 1975), 
published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975,  pp. 435 -467, Article 2  read with the Table of 
General Adaptations. 
3Ibid. 
4Substituted for the words “Local Government”  by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 
5Ibid. 
6Repealed ibid. 
7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 
8Ibid. 
9Ibid. 
(4)  Such a scheme, when it comes into operation, shall supersede any decree or 
direction relating to the subject­matter 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 contra vention 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. 
1
[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 
Government], effect can reasonably be given to them. 
(6)  Where a scheme has been s ettled 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 decea sed 
trustee of property held in trust for a charitable purpose shall be deemed to be a person 
acting in the administration of the trust. 
3
[7.  Exercise by Governor General in Council of powers of Local Government .– *
 * * * * * * * * * * * * * * *] 
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 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 r eceive 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. 
                                                
1Inserted ibid. 
2Substituted ibid., for the words “Local Government”. 
3Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), 
dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 
9.  Annual publication of list of properties vested in Treasurer .– A Treasurer of 
Charitable Endowments shall cause to be published annually in the  
1
[Official Gazette], at 
such time as the 
2
[appropriate Government] may direc t, 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 
sub­section (2) of the last foregoing section. 
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 excep t 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 Treasurer of Charitable Endowments is divested, by a direction 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 b y 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.– If the 
office held by an officer of the Government who has been appointed to be a Treasurer o f 
Charitable Endowments is abolished or its name is changed, the 
5
[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 deem ed 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 appoin tment of a treasurer of charitab le e ndowments 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 c haritable e ndowments sh ould be vested  in another such t reasurer, that 
Government may direct that the property shall be so vested and thereup on 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.] 
                                                
1Substituted ibid., for the words “Local official Gazette”, Article 4 read with the Table of General Adaptations. 
2Ibid., for the words “Local Government”, Article 3 read with the First Schedule. 
3Substituted for  the expression “mentioned in section 4, sub­section (3), clause  (a), (b), (c), (d) or (e)” by the Government of 
India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -
344, Article 3 read with the First Schedule. 
4Ibid., for the words “the Local Government or the Governor General in Council”. 
5Ibid., for the words “Local Government”. They were earlier substituted for the words “Governor General in Council” by the 
Devolution Act (XXXVIII of 1920), published in the Government Gazette Punjab and its Dep endencies, dated: 24 September 
1920, pp. 127-153, s. 2 read with the First Schedule. 
6Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India 
(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 
7Substituted for the word “India” by  the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), 
published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. 
8Substituted for the words “Central Government” by Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), published in 
the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2  read with the Table of General 
Adaptations. 
1
[13.  Power to frame forms and make rules.– 
2
[(1) * * * * * *] 
(2)  The 
3
[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 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 
4
[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 g round 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. 
 
5
[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).] 
 
6
[16.  General controlling authority of Governor General in Council.–   * *] 
 
                                                
1Substituted by the Devolution Act (XXXVIII of 1920), published in the Government Gazette Punjab and its Dependencies, 
dated: 24 September 1920, pp. 127-153, s. 2 read with the First Schedule. 
2Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), 
dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 
3Substituted ibid., for the words “Local Government”. 
4Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister 
exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was 
published in the Gazette of Pakistan (Extraordina ry), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it 
came into force on 23 March 1956. It was earlier substituted for the word “Government” by the Government of India (Adaptation 
of Indian Laws) Order, 1937, published in the Gazet te of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read 
with the First Schedule. 
5Substituted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette of 
Pakistan (Extraordinary), dated: 8 July 1981, pp. 345 -475, s. 3 read with the Second Schedule. It was earlier amended by  the 
Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan 
(Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. 
6Omitted by the Devolution Act (XXXVIII of 1920), published in the Government Gazette Punjab and its Dependencies, dated: 
24 September 1920, pp. 127-153, s. 2 read with the First Schedule.