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  "title": "CHARITABLE ENDOWMENTS ACT 1890",
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  "text": "``  \r\nCharitable Endowments \r\n \r\nCONTENTS \r\n1. Title, extent and commencement \r\n2. Definition \r\n3. Appointment and incorporation of Treasurer of Charitable Endowments \r\n3A. Definition of “appropriate Government”, etc \r\n4. Orders vesting property in Treasurer \r\n5. Schemes for administration of property vested in the Treasurer \r\n6. Mode of applying for vesting orders and schemes \r\n7. Omitted \r\n8. Bare trusteeship of Treasurer \r\n9. Annual publication of list of properties vested in Treasurer \r\n 10. Limitation of functions and powers of Treasurer \r\n 11. Provision for continuance of office of Treasure in certain contingencies \r\n 12. Transfer of property from one Treasurer to another \r\n 13. Power to frame forms and make rules \r\n 14. Indemnity to Government and Treasurer \r\n 15. Saving of provisions of the Official Trustees Act, 1913 \r\n 16. Omitted \r\n  \r\nTHE CHARITABLE ENDOWMENTS ACT, 1890 \r\n(VI of 1890) \r\n \r\nTEXT \r\n \r\n1\r\nTHE CHARITABLE ENDOWMENTS ACT, 1890 \r\n(VI of 1890) \r\n[8th March, 1890] \r\nAn \r\nAct \r\nto provide for the Vesting and Administration of Property held in trust for charitable purposes. \r\nWHEREAS it is expedient to provide for the vesting and administration of property held \r\nin trust for charitable purposes; It is hereby enacted as follows:– \r\n1.  Title, extent and commencement .– (1) This Act may  be called the Charitable \r\nEndowments Act, 1890. \r\n2\r\n[(2) It extends to the whole of Pakistan.] \r\n(3)  It shall come into force on the first day of October, 1890. \r\n2.  Definition.– In this Act “charitable purpose” includes relief of the poor, education, \r\nmedical relief and the advancement of any other object of general public utility, but does not \r\ninclude a purpose which relates exclusively to religious teaching or worship. \r\n3.  Appointment and incorporation of Treasurer of Charitable Endowments .– \r\n3\r\n[(1) \r\nThe \r\n4\r\n[Federal Government] may appoint an officer of the Government by the name of his \r\noffice to be treasurer of charitable endowments for \r\n5\r\n[Pakistan], and the Government of any \r\nProvince may appoint an officer of the Government by the name of his office to be treasurer \r\nof charitable endowments for the Province.] \r\n(2)  Such Treasurer shall, for the purposes of taking, holding and transferring \r\nmoveable or immoveable property under the author ity of this Act, be a corporation sole by \r\nthe name of the Treasurer of Charitable Endowments for \r\n6\r\n[ \r\n7\r\n[Pakistan] or, as the case may \r\nbe, the Province], and, as such treasurer, shall have perpetual succession and a corporate \r\nseal, and may sue and be sued in his corporate name. \r\n                                                \r\n1This Act was published in the Gazette of India,  dated: 8 March 1890, pp. 17 -19. For Statement of Objects and Reasons, see \r\nGazette of India, 1889, Part V, p. 137 ; for Report of the Select Committee, see ibid. , 1890, p. 65; and for Proceedings in \r\nCouncil, see ibid., 1889, Part VI, pp. 117 and 190, and ibid., 1890, Part VI, p. 37. \r\n2Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June \r\n1960; and, was published in Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second \r\nSchedule: it came into force on 14 October 1955. \r\n3Substituted by the Government of India (Adaptation of Indian Laws) Order, 1 937, published in the Gazette of India \r\n(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n4Substituted for the words “Central Government” by  the Federal Adaptation  of Laws  Order, 1975 ( P. O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August  1975, pp. 435 -467, Article 2  read with the Table of \r\nGeneral Adaptations. \r\n5Substituted for the word “India” by  the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n6Substituted for the words “the territories subject to the Local Government” by the Government of India (Adaptation of Indian \r\nLaws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the \r\nFirst Schedule. \r\n7Substituted for the word “India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n \r\n1\r\n[3A.  Definition of “appropriate Government”, etc.– In the subsequent provisions of this \r\nAct “the appropriate Government” means, as respects a charitable endowment, the objects \r\nof which do not extend beyond a single Province and are n ot objects to which the executive \r\nauthority of the \r\n2\r\n[Federal Government] extends, the Government of the Province, and as \r\nrespects any other charitable endowment the \r\n3\r\n[Federal Government].] \r\n4.  Orders vesting property in Treasurer .– (1) Where any property i s held or is to be \r\napplied in trust for a charitable purpose, the \r\n4\r\n[appropriate Government], if it thinks fit, may, \r\non application made as hereinafter mentioned, and subject to the other provisions of this \r\nsection, order, by notification in the official Ga zette, that the property be vested in the \r\nTreasurer of Charitable Endowments on such terms as to the application of the property or \r\nthe income thereof as may be agreed on between the \r\n5\r\n[appropriate Government] and the \r\nperson or persons making the application, and the property shall thereupon so vest \r\naccordingly. \r\n(2)  When any property has vested under this section in a Treasurer of Charitable \r\nEndowments, he is entitled to all documents of title relating thereto. \r\n6\r\n[(3)  * * * * * * * * * * * * * * * * * *] \r\n(4)  An order under this section vesting property in a Treasurer of Charitable \r\nEndowments shall not require or be deemed to require him to administer the property, or \r\nimpose or be deemed to impose upon him the duty of a trustee with respect to the \r\nadministration thereof. \r\n5.  Schemes for administration of property vested in the Treasurer .– (1) On \r\napplication made as hereinafter mentioned, and with the concurrence of the person or \r\npersons making the application, the \r\n7\r\n[appropriate Government], if it th inks fit, may settle a \r\nscheme for the administration of any property which has been or is to be vested in the \r\nTreasurer of Charitable Endowments, and may in such scheme appoint, by name or office, a \r\nperson or persons, not being or including such Treasurer, to administer the property. \r\n(2)  On application made as hereinafter mentioned, and with the concurrence of the \r\nperson or persons making the application, the \r\n8\r\n[appropriate Government] may, if it thinks fit, \r\nmodify any scheme settled under this section or substitute another scheme in its stead. \r\n(3)  A scheme settled, modified or substituted under this section shall, subject to the \r\nother provisions of this section, come into operation on a day to be appointed by the \r\n9\r\n[appropriate Government] in this behalf, and shall remain in force so long as the property to \r\nwhich it relates continues to be vested in the Treasurer of Charitable Endowments or until it \r\nhas been modified or another such scheme has been substituted in its stead. \r\n                                                \r\n1Inserted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India \r\n(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n2Substituted for the words “Central Government” by  the Federal Adaptation of Laws Order, 1975 ( P. O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975,  pp. 435 -467, Article 2  read with the Table of \r\nGeneral Adaptations. \r\n3Ibid. \r\n4Substituted for the words “Local Government”  by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n5Ibid. \r\n6Repealed ibid. \r\n7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n8Ibid. \r\n9Ibid. \r\n(4)  Such a scheme, when it comes into operation, shall supersede any decree or \r\ndirection relating to the subject­matter thereof in so far as such decree or direction is in any \r\nway repugnant thereto, and its validity shall not be questioned in any Court, nor shall any \r\nCourt give, in contra vention of the provisions of the scheme or in any way contrary or in \r\naddition thereto, a decree or direction regarding the administration of the property to which \r\nthe scheme relates. \r\n1\r\n[Provided that nothing in this sub section shall be construed as precluding a court from \r\ninquiring whether the Government by which a scheme was made was the appropriate \r\nGovernment.] \r\n(5)  In the settlement of such a scheme effect shall be given to the wishes of the \r\nauthor of the trust so far as they can be ascertained and, in the opinion of the \r\n2\r\n[appropriate \r\nGovernment], effect can reasonably be given to them. \r\n(6)  Where a scheme has been s ettled under this section for the administration of \r\nproperty not already vested in the Treasurer of Charitable Endowments, it shall not come \r\ninto operation until the property has become so vested. \r\n6.  Mode of applying for vesting orders and schemes .– (1) The application referred \r\nto in the two last foregoing sections must be made,– \r\n(a) if the property is already held in trust for a charitable purpose, then by the \r\nperson acting in the administration of the trust or , where there are more \r\npersons than one so acting, then by those persons or a majority of them, and \r\n(b)  if the property is to be applied in trust for such a purpose, then by the person \r\nor persons proposing so to apply it. \r\n(2)  For the purposes of this section the executor or administrator of a decea sed \r\ntrustee of property held in trust for a charitable purpose shall be deemed to be a person \r\nacting in the administration of the trust. \r\n3\r\n[7.  Exercise by Governor General in Council of powers of Local Government .– *\r\n * * * * * * * * * * * * * * *] \r\n8.  Bare trusteeship of Treasurer .– (1) Subject to the provisions of this Act, a \r\nTreasurer of Charitable Endowments shall not, as such Treasurer, act in the administration \r\nof any trust whereof any of the property is for the time being vested in him under this Act. \r\n(2)  Such Treasurer shall keep a separate account of each property for the time \r\nbeing so vested in so far as the property consists of securities for money, and shall apply the \r\nproperty or the income thereof in accordance with the provision made in that behalf in the \r\nvesting order under section 4 or in the scheme, if any, under section 5, or in both those \r\ndocuments. \r\n(3)  In the case of any property so vested other than securities for money, such \r\nTreasurer shall, subject to any special order which he may r eceive from the authority by \r\nwhose order the property became vested in him, permit the persons acting in the \r\nadministration of the trust to have the possession, management and control of the property, \r\nand the application of the income thereof, as if the property had been vested in them. \r\n                                                \r\n1Inserted ibid. \r\n2Substituted ibid., for the words “Local Government”. \r\n3Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), \r\ndated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n9.  Annual publication of list of properties vested in Treasurer .– A Treasurer of \r\nCharitable Endowments shall cause to be published annually in the  \r\n1\r\n[Official Gazette], at \r\nsuch time as the \r\n2\r\n[appropriate Government] may direc t, a list of all properties for the time \r\nbeing vested in him under this Act and an abstract of all accounts kept by him under \r\nsub­section (2) of the last foregoing section. \r\n10.  Limitation of functions and powers of Treasurer .– (1) A Treasurer of Charitable \r\nEndowments shall always be a sole trustee, and shall not, as such Treasurer, take or hold \r\nany property otherwise than under the provisions of this Act or , subject to those provisions, \r\ntransfer any property vested in him excep t in obedience to a decree divesting him of the \r\nproperty, or in compliance with a direction in that behalf issuing from the authority by whose \r\norder the property became vested in him. \r\n(2)  Such a direction may require the Treasurer to sell or otherwise dispose of any \r\nproperty vested in him and, with the sanction of the authority issuing the direction, to invest \r\nthe proceeds of the sale or other disposal of the property in any such security for money as \r\nis \r\n3\r\n[specified in the direction], or in the purchase of immoveable property. \r\n(3)  When a Treasurer of Charitable Endowments is divested, by a direction of \r\n4\r\n[the appropriate Government] under this section, of any property, it shall vest in the person \r\nor persons acting in the administration thereof and be held b y him or them on the same \r\ntrusts as those on which it was held by such Treasurer. \r\n11.  Provision for continuance of office of Treasurer in certain contingencies.– If the \r\noffice held by an officer of the Government who has been appointed to be a Treasurer o f \r\nCharitable Endowments is abolished or its name is changed, the \r\n5\r\n[appropriate Government] \r\nmay appoint the same or another officer of the Government by the name of his office to be \r\nsuch Treasurer, and thereupon the holder of the latter office shall be deem ed for the \r\npurposes of this Act to be the successor in office of the holder of the former office. \r\n \r\n6\r\n[12. Transfer of property from one treasurer to another.– If by reason of any alteration \r\nof areas or by reason of the appoin tment of a treasurer of charitab le e ndowments for \r\n7\r\n[Pakistan] or for any Province for which such a treasurer has not previously been appointed \r\nor for any other reason it appears to the \r\n8\r\n[Federal Government] that any property vested in a \r\ntreasurer of c haritable e ndowments sh ould be vested  in another such t reasurer, that \r\nGovernment may direct that the property shall be so vested and thereup on it shall vest in \r\nthat other treasurer and his successors as fully and effectually for the purposes of this Act as \r\nif it had been originally vested in him under this Act.] \r\n                                                \r\n1Substituted ibid., for the words “Local official Gazette”, Article 4 read with the Table of General Adaptations. \r\n2Ibid., for the words “Local Government”, Article 3 read with the First Schedule. \r\n3Substituted for  the expression “mentioned in section 4, sub­section (3), clause  (a), (b), (c), (d) or (e)” by the Government of \r\nIndia (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -\r\n344, Article 3 read with the First Schedule. \r\n4Ibid., for the words “the Local Government or the Governor General in Council”. \r\n5Ibid., for the words “Local Government”. They were earlier substituted for the words “Governor General in Council” by the \r\nDevolution Act (XXXVIII of 1920), published in the Government Gazette Punjab and its Dep endencies, dated: 24 September \r\n1920, pp. 127-153, s. 2 read with the First Schedule. \r\n6Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India \r\n(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n7Substituted for the word “India” by  the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n8Substituted for the words “Central Government” by Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), published in \r\nthe Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2  read with the Table of General \r\nAdaptations. \r\n1\r\n[13.  Power to frame forms and make rules.– \r\n2\r\n[(1) * * * * * *] \r\n(2)  The \r\n3\r\n[appropriate Government] my make rules consistent with this Act for– \r\n(a) prescribing the fees to be paid to the Government in respect of any \r\nproperty vested under this Act in a Treasurer of Charitable \r\nEndowments; \r\n(b) regulating the cases and the mode in which schemes or any \r\nmodification thereof are to be published before they are settled or \r\nmade under section 5; \r\n(c) prescribing the forms in which accounts are to be kept by Treasurers \r\nof Charitable Endowments and the mode in which such accounts are \r\nto be audited; and \r\n(d) generally carrying into effect the purposes of this Act.] \r\n14.  Indemnity to Government and Treasurer .– No suit shall be instituted against the \r\n4\r\n[Government] in respect of anything done or purporting to be done under this Act, or in \r\nrespect of any alleged neglect or omission to perform any duty devolving on the Government \r\nunder this Act, or in respect of the exercise of, or the failure to exercise, any power conferred \r\nby this Act on the Government, nor shall any suit be instituted against a Treasurer of \r\nCharitable Endowments except for divesting him of property on the g round of its not being \r\nsubject to a trust for a charitable purpose, or for making him chargeable with or accountable \r\nfor the loss or misapplication of any property vested in him, or the income thereof, where the \r\nloss or misapplication has been occasioned by or through his wilful neglect or default. \r\n \r\n5\r\n[15.  Saving of provisions of the Official Trustees Act, 1913 .– Nothing in this Act shall \r\nbe construed to impair the operation of the Official Trustees Act, 1913 (II of 1913).] \r\n \r\n6\r\n[16.  General controlling authority of Governor General in Council.–   * *] \r\n \r\n                                                \r\n1Substituted by the Devolution Act (XXXVIII of 1920), published in the Government Gazette Punjab and its Dependencies, \r\ndated: 24 September 1920, pp. 127-153, s. 2 read with the First Schedule. \r\n2Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), \r\ndated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n3Substituted ibid., for the words “Local Government”. \r\n4Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordina ry), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it \r\ncame into force on 23 March 1956. It was earlier substituted for the word “Government” by the Government of India (Adaptation \r\nof Indian Laws) Order, 1937, published in the Gazet te of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read \r\nwith the First Schedule. \r\n5Substituted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette of \r\nPakistan (Extraordinary), dated: 8 July 1981, pp. 345 -475, s. 3 read with the Second Schedule. It was earlier amended by  the \r\nAdaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n6Omitted by the Devolution Act (XXXVIII of 1920), published in the Government Gazette Punjab and its Dependencies, dated: \r\n24 September 1920, pp. 127-153, s. 2 read with the First Schedule.",
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