The Charitable Endowments Act, 1890
The Charitable Endowments Act, 1890, enacted as Central Act Number 6 of 1890 and dated 7 March 1890, provides for property held in trust for charitable purposes to be vested in a government-appointed Treasurer of Charitable Endowments and administered under an approved scheme. The source states that the Act ceased to be in force in the State of Madras under Madras Act 22 of 1959, when notified, and also records amendments and omissions.
What the law covers
The Charitable Endowments Act, 1890 applies to movable and immovable property held, or proposed to be applied, in trust for charitable purposes. A charitable purpose includes relief of the poor, education, medical relief and other objects of general public utility. A purpose relating exclusively to religious teaching or worship is excluded.
The source states that the law ceased to be in force in the State of Madras under Madras Act 22 of 1959, when notified. It does not provide the notification date. This point is important for anyone examining its present effect on property in Tamil Nadu.
Vesting and administration of property
The Central Government may appoint a Treasurer of Charitable Endowments for India, and a State Government may appoint one for the State. The treasurer is a corporation sole for holding and transferring property and may sue or be sued in that corporate name.
Key provisions include:
- The appropriate Government may, following an eligible application, publish an Official Gazette notification vesting charitable trust property in the treasurer.
- The terms for applying the property or its income must be agreed between the appropriate Government and the applicants.
- Once property is vested, the treasurer is entitled to its title documents.
- Vesting does not make the treasurer responsible for administering the trust.
- The appropriate Government may settle, modify or replace an administration scheme with the applicants' concurrence.
- A scheme may appoint persons other than the treasurer to administer the property.
- The wishes of the trust's author must be followed where they can be identified and reasonably implemented.
Who can apply
For property already held in charitable trust, an application may be made by the person administering the trust or, where several people administer it, by all or a majority of them. For property proposed to be placed in charitable trust, the person or persons proposing that use may apply.
Relevance to property records
A buyer or professional examining trust property may need to check whether the property was vested in a Treasurer of Charitable Endowments, whether a government scheme governs its administration, and who retains possession and management. The treasurer must publish annually in the Official Gazette a list of vested properties and an abstract of the relevant accounts.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does the Charitable Endowments Act, 1890 remain in force in Tamil Nadu?
The source states that the Act ceased to be in force in the State of Madras under Madras Act 22 of 1959, when notified. It does not give the notification date.
Does vesting charitable property make the Treasurer of Charitable Endowments its administrator?
No. The Act says vesting does not require the treasurer to administer the property or impose the administrative duties of a trustee.
Can land and buildings be vested in the Treasurer of Charitable Endowments?
Yes. The treasurer may hold and transfer both movable and immovable property under the Act.
Does the law cover property used only for religious worship or teaching?
No. Its definition of charitable purpose excludes a purpose relating exclusively to religious teaching or worship.
