Section 11 of The Charitable Endowments Act, 1890
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.
Summary
- This section provides a solution for when the specific government office held by an appointed treasurer is abolished, meaning permanently shut down, or has its name changed.
- If such a change occurs, the appropriate Government has the power to step in and make a new appointment.
- The government can appoint either the same office, if it just had a name change, or another government office by the name of that office to serve as the treasurer.
- Once this new appointment is made, the person holding the newly designated office is legally treated as the official successor to the previous treasurer.
- This ensures that there is no gap in the legal ownership and control of charity properties held under the Act.
Practical examples
FAQ
1. What happens under Section 11 if the government office of an appointed treasurer is abolished?
The appropriate Government can appoint another office of the Government by the name of that office to be the treasurer.
2. What happens if the name of the office held by the treasurer is changed?
The appropriate Government can appoint the same office, under its new name, or another office of the Government to be the treasurer.
3. How is the holder of the newly appointed office treated in relation to the old treasurer?
The holder of the newly appointed office is deemed to be the legal successor in office of the holder of the former office.
4. Who has the authority to make this new appointment during these administrative changes?
The appropriate Government has the authority to make the new appointment.
Test yourself
Q1.Under Section 11, what trigger events allow the government to appoint a new office to act as treasurer?
Q2.Who has the power to appoint a successor office under Section 11 when an office is abolished or renamed?
Q3.When a new office is appointed under Section 11, how is the holder of that new office treated?
Q4.Whose office can the government appoint as the new treasurer under Section 11?
Q5.What is the main purpose of Section 11?