Schemes for administration of property vested in the treasurer
Section 5 of the Charitable Endowments Act, 1890 deals with 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 Endowment The Act came into force on 01 Oct 1890.
(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, toad minister 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 operation on a day to be appointed by the 1[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 insofar 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.3
Section 5, The Charitable Endowments Act, 1890 (Act 6 of 1890).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 5
What does Section 5 of the Charitable Endowments Act deal with?
Section 5 of the Charitable Endowments Act is headed "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 Endowment
How do I find court cases under Section 5 of the Charitable Endowments Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Charitable Endowments Act 5, section 5 Charitable Endowments Act, section 5 of the Charitable Endowments Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 5 of the Charitable Endowments Act, and has it changed?
5 other provisions in this corpus refer back to it.
When did Section 5 of the Charitable Endowments Act come into force?
Section 5 of the Charitable Endowments Act, cited as Charitable Endowments Act 5, came into force on 01 Oct 1890, having been enacted on 17 Mar 1890. It is in force as at the date shown on this page.
Other sections of this Act
- 6. Mode of applying for vesting orders and schemes325 words
- 12. Transfer of property from one treasurer to another281 words
- 13. Power to make rules274 words
- 10. Limitation of functions and powers of treasurer192 words
- 8. Bare trusteeship of treasurer180 words
- 4. Orders vesting property in treasurer174 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 19 Oct 2026. This page is not a substitute for legal advice.