The Charitable Endowments Act, 1890

Section 11. Provision for continuance of office of treasurer in certain contingencies

In force · As amended up to 2026-08

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. 4 [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.] STATE AMENDMENTS Karnataka Insertion of new section 12A .--After section 12 of the Charitable Endowments Act, 1890 (Central Act 6 of 1890), as in force in the [State of Karnataka], the following section shall be inserted, namely:-- " 12A. Delegation of powers .--Where the appropriate Government is the State Government, it may by notification in the official Gazette, direct that any power exercisable by it under this Act (except the power to make rules under section 13) or rules made thereunder shall, in respect of any endowment which does not exceed rupees ten thousand in value, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by such officer or authority subordinate to the State Government as may be specified in the notification: Provided that the powers under sections 4 and 5 shall not be delegated to any officer other than the Head of a Department of Government." 1. Subs. by the A.O. 1937, for "Local Government". 2. Subs., ibid. , for "mentioned in section 4, sub-section (3), clause (a), (b), (c), (d), or (e)". 3. Subs., ibid ., for "the Local Government or the Governor General in Council". 4. Subs., ibid ., for section 12. [ Vide Karnataka Act 19 of 1973, s. 2]. 1 2 1 3 [13 Power to make rules. -- [(1)] The [appropriate Government] may [, by notification in the Official Gazette,] 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.] 3[(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the Rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. ]

Source: India Code

How this section changed

  1. substituted by A.O. 1937

    Date not stated in the footnote

    Earlier wording: “Local Government”

    Footnote: 1. Subs. by the A.O. 1937, for "Local Government".