S.1 Title, extent and commencement

       (1) This Act may be called the Charitable Endowments Act,1890.
       2. It extends to the whole of India,1 [except the State of Jammu andKashmir], 2 [* * *]; and
       (3) It shall come into force on the first day of October,1890.
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       1.Substituted by Act 3 of 1951, section 3 and Schedule, for "except PartB States".
       2.The words "inclusive of British Baluchistan" omitted by the A.O. by1948.

S.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.

S.3 Appointment and incorporation of treasurer of Charitable Endowments

       1 [(1) The Central Government may appoint an officer of theGovernment by the name of his office to be treasurer of Charitable Endowmentsfor India, and the Government of any State may appoint an officer of theGovernment by the name of his office to be tresurer of Charitable Endowmentsfor the State.]
       (2) Such treasurer shall, for the purposes of taking,holding and transferring movable or immovable property under the authority ofthis Act, be a corporation sole by the name of the treasurer of CharitableEndowments for 2 [India or,as the case may be, the State], and, as suchtreasurer, shall have perpetual succession and a corporate seal, and may sueand be sued in his corporate name.
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       1.Substituted by the A.O. 1937, for the original sub-section.
    &nbs

S.3(a) Definition of "appropriate Government", etc.

       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 State and are not objects to which the executive authority of the Central Government extends, the Government of the State, and as respects any other charitable endowment the Central Government.]
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       1. Inserted by the A.O. 1937

S.4 Orders vesting property in treasurer

       (1) Where any property is held or is to be applied intrust for charitable purpose, the 1 [appropriate Government],if it thinks fit, may, on application made as hereinafter mentioned, andsubject to the other provisions of this section, order, by notification in theOfficial Gazette, that the property be vested in the treasurer of CharitableEndowments on such terms as to the application of the property or the incomethereof as may be agreed on between the [appropriate Government] and the person orpersons making the application, and the property shall thereupon so vestaccordingly.
       (2) When any property has vested under this section in atreasurer of Charitable Endowments, he is entitled to all documents of titlerelating thereto.
       2 [***]
       (4) An order under this section vesting property in atreasurer

S.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 1 [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 made as hereinafter mentioned, and with the concurrence of the person or persons making the application, the 1 [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 opera

S.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 administator 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. 1
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       1. A new sub-section (3), applicati

S.7 Exercise by Governor General in Council of Powers of Local Government

[Omitted by the A.O. 1937].

S.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 insofar 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 admini

S.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 1 [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 section 2 of the last foregoing section.
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       1.Substituted by the A.O. 1937, for "Local Government".

S.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 except in obedience to a decreedivesting 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 1 [specified in the direction], or in the purchase of immovable property.
       (3) When a treasurer of Charitable Endowments is divested, b

S.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 treasurer of Charitable Endowments is abolished or its name is changed, the 1 [appropriate Government] may appoint the same or another office 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.
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       1.Substituted by the A.O. 1937 for "Local Government".

S.12 Transfer of property from one treasurer to another

       1 [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 India or for any State for which such a treasurer has not previously been appointed or for any other reason it appears to the Central 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.]
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       1. Substituted by the A.O. 1937 for the original section.

S.13 Power to make rules

       1 [2 [(1)]] The3 [appropriate Government] 4 [by notification in the official Gazette] 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.]
       5 [(2) Every rule made by the State Government under this Act shall

S.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, 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 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.

S.15 Saving with respect to Advocate General and Official Trustee

       Nothing in this Act shall be construed to impair the operation 1 [of any enactment] for the time being in force, respecting the authority of an Advocate General 2 [***] to act with respect to any charity 3 [or of the Official Trustees Act, 1913] respecting the vesting of property in trust for a charitable purpose in an Official Trustee.
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       1.Substituted by Act 58 of 1960, section 3 and Second Schedule.
       2.The words "at a Presidency" omitted by Act 58 of 1960, section 3.
       3.Substituted by section 3 and Second Schedule

S.16 General Controlling Authority of Governor General in Council

[Rep. by the Devolution Act, 1920 (38 of 1920), section 2 and Schedule I.Pt. I.]