Charitable Endowments Act,1890
Act No : 6
Section : Schemes for administration of property Vested in the Treasurer
5. Schemes for administration of property Vested in theTreasurer.-(1) On application made as hereinafter mentioned, and withthe concurrence of the person or persons making the application, the3* [appropriate Government], if it thinks fit, may settle a scheme forthe administration of any property which has been or is to be vestedin the Treasurer of Charitable Endowments, and may in such schemeappoint, by name or office, a person or persons, not being orincluding such Treasurer, to administer the property.--------------------------------1 Subs. by the A. O. 1937, for "the territories subject to the L. G.".2 Ins. by the A. O. 1937.3 Subs. by the A. O. 1937, for "L. G.".4 For notifications issued under this section in conjunction with s. 5, see different local R. and O.5 Sub-section (3) omitted by the A. O. 1937.55(2) On application made as hereinafter mentioned, and with theconcurrence of the person or persons making the application, the1*[appropriate Government] may, if it thinks fit, modify any schemesettled under this section or substitute another scheme in its stead. (3) A scheme settled, modified or substituted under this sectionshall, subject to the other provisions of this section, come intooperation on a day to be appointed by the 1*[appropriate Government]in this behalf, and shall remain in force so long as the property towhich it relates continues to be vested in the Treasurer of CharitableEndowments or until it has been modified or another such scheme hasbeen substituted in its stead. (4) Such a scheme, when it comes into operation, shall supersedeany decree or direction relating to the subject-matter thereof in sofar as such decree or direction is in any way repugnant thereto, andits validity shall not be questioned in any Court, nor shall any Courtgive, in contravention of the provisions of the scheme or in any waycontrary or in addition thereto, a decree or direction regarding theadministration of the property to which the scheme relates: 2*[Provided that nothing in this sub-section shall be construedas precluding a Court from inquiring whether the Government by which ascheme was made was the appropriate Government.] (5) In the settlement of such a scheme effect shall be given tothe wishes of the author of the trust so far as they can beascertained, 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 theadministration of property not already vested in the Treasurer ofCharitable Endowments, it shall not come into operation until theproperty has become so vested.3*
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