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Charitable Endowments Act, 1890

Act· 1890· 6 pages
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Summary

This 1890 law gives people who hold property in trust for charitable purposes a way to have it formally vested in a government-appointed official called the Treasurer of Charitable Endowments, so that the property is legally protected and properly administered. Section 2 defines 'charitable purpose' broadly to include relief of the poor, education and medical relief, and any other object of general public utility -- but it specifically excludes purposes that are purely about religious teaching or worship. Section 3 lets the Federal Government appoint a Treasurer for Pakistan as a whole, and each Provincial Government appoint its own Treasurer for that province.

Under Section 4, if someone applies, the appropriate government can order (by Gazette notification) that charitable property be vested in the Treasurer, on terms agreed between the government and the applicant. Section 5 lets the government go further and settle a formal 'scheme' for how vested property should actually be administered -- including appointing named people (other than the Treasurer) to manage it day to day. Once such a scheme is in force, Section 5(4) says courts cannot override it or issue conflicting directions, though a court can still check whether the scheme was made by the correct government.

Importantly, Section 8 makes clear that the Treasurer's role is a 'bare trusteeship' -- simply holding legal title -- rather than actively managing the charity's affairs, unless a scheme says otherwise. Section 10 limits what the Treasurer can do with vested property (no unauthorized transfers), and Section 12 covers how property can be moved from one Treasurer to another if administrative boundaries change.

Section 14 gives the Government and the Treasurer significant legal protection: no lawsuit can be brought against the Government over actions or omissions under this Act, and a Treasurer can only be sued for divesting property that shouldn't have been vested, or for losses caused by the Treasurer's own wilful neglect. Section 15 clarifies the Act doesn't interfere with the separate Official Trustees Act, 1913.

This is a very old law (1890) that has been amended many times over the decades -- by various Adaptation Orders (1937, 1949, 1961) and Presidential/Federal orders (1975, 1981) -- mostly to update terminology (like 'Central Government' becoming 'Federal Government') rather than to change its substance. Anyone relying on this Act today, especially around procedural details or which government body now exercises which power, should verify against the current official text.

Key topics

charitable truststrust property administrationTreasurer of Charitable Endowmentspublic utility purposescolonial-era civil law

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