Jammu and Kashmir Charitable Endowments Act, 1989
No: 14 Dated: Sep, 29 1989
THE JAMMU AND KASHMIR CHARITABLE ENDOWMENTS ACT 1989
(Act No. XIV of 1989)
An Act to provide for the vesting and administration of property held in trust for charitable purposes.
Be it enacted by the Jammu and Kashmir State Legislature in the Fortieth Year of the Republic of India as follows :-
1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Charitable Endowments Act, 1989.
(2) It extends to the whole of the State of Jammu and Kashmir.
(3) It shall be deemed to have come into force with effect from 7th September, 1988.
2. Definitions. - In this, Act "Charitable purpose" means relief of the poor, education, medical relief and the advancement of any other object of general public utility, but does not include a purpose which relates exclusively to religious teachings, religious places of worship.
3. Appointment and incorporation of Treasurer of Charitable Endowments. - (1) The Government may appoint an officer of the Government by the name of his office to be the Treasurer of any Charitable Endowment in the State.
(2) Such Treasurer shall, for the purposes of taking, holding and transferring movable or immovable property under the authority of this Act be a corporation sole by the name of the Treasurer of Charitable Endowment and as such Treasurer shall have perpetual succession and a corporate seal, and may sue and be sued in his corporate name.
4. Orders vesting property in Treasurer. - (1) Where any property is held or is to be applied in trust for a charitable purpose, the Government, if it thinks fit may on application made as hereinafter mentioned, and subject to other provisions of this section, order by notification in the Government Gazette that the property be vested in the Treasurer of Charitable Endowment on such terms as to the application of the property or the income thereof as may be agreed to between the Government and the person or persons making the application and the property shall thereupon, so vest accordingly.
(2) When any property has vested under this section in a Treasurer of Charitable Endowment, he is entitled to all documents of title relating thereto.
(3) An order under this section vesting property in a Treasurer of Charitable Endowment shall not require or be deemed to require him to administer the property or impose or be deemed to impose upon him the duty of a trustee with respect to the administration thereof.
5. Schemes for administration of property vested in the Treasurer. - (1) On application made as hereinafter mentioned and with the concurrence of the person or persons making the application the 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, to administer the property.
(2) On application made as hereinafter mentioned, and with the concurrence of the person or persons making the application, the 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 Government in this behalf, and shall remain in force so long as the property to which it relates continue to be vested in the Treasurer of Charitable Endowment 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 in so far 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 hereto a decree or direction regarding the administration of the property to which the scheme relates.
(5) In the settlement of such a scheme effect shall be given to the wishes of the author of the trust.
(6) Where a scheme has been settled under this section for the administration of the property not already vested in the Treasurer of Charitable Endowment, it shall not come into operation until the property has become so vested.