Section 12 of The Charitable Endowments Act, 1890
1[Transfer of property from one treasurer to another--If by reason of any alteration of areas or by reason of the appointment of a treasurer of Charitable Endowments for India or for any State for which such a treasurer has not previously been appointed or for any other reason it appears to the Central Government that any property vested in a treasurer of Charitable Endowments should be vested in another such treasurer, that Government may direct that the property shall be so vested and thereupon it shall vest in that other treasurer and his successors as fully and effectually for the purposes of this Act as if it had been originally vested in him under this Act]. STATE AMENDMENTS Karnataka Insertion of new section 12A.--After section 12 of the Charitable Endowments Act, 1890 (Central Act 6 of 1890), as in force in the [State of Karnataka], the following section shall be inserted, namely:-- "12A. Delegation of powers.--Where the appropriate Government is the State Government, it may by notification in the official Gazette, direct that any power exercisable by it under this Act (except the power to make rules under section 13) or rules made thereunder shall, in respect of any endowment which does not exceed rupees ten thousand in value, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by such officer or authority subordinate to the State Government as may be specified in the notification: Provided that the powers under sections 4 and 5 shall not be delegated to any officer other than the Head of a Department of Government." [Vide Karnataka Act 19 of 1973, s. 2].
Summary
- The Central Government has the power to transfer property from one treasurer of Charitable Endowments to another treasurer.
- This transfer of property can be directed due to a change or alteration of geographic areas.
- It can also be directed if a new treasurer is appointed for India or for a State where no treasurer was previously appointed.
- The Central Government may also order this transfer for any other reason it sees fit.
- Once the Central Government directs the transfer, the property vests (which means legally transfers ownership) fully and effectively in the new treasurer and their successors.
- The new treasurer holds the transferred property just as if it had been originally given to them under this Act.
Practical examples
FAQ
1. Who has the authority to order a transfer of property between treasurers?
Only the Central Government has the authority to direct that property be transferred from one treasurer to another.
2. What are the reasons that can trigger a transfer of property to a different treasurer?
A transfer can happen because of changes in regional areas, the appointment of a new treasurer for India or for a State where one was not previously appointed, or any other reason.
3. Does the new treasurer have the same legal power over the property as the old treasurer?
Yes, the property vests (which means legally transfers ownership) in the new treasurer and their successors as fully and effectively as if it had been originally given to them under the Act.
Test yourself
Q1.Who holds the power to direct that property be transferred from one treasurer to another under Section 12?
Q2.Which of the following is a reason specifically mentioned in Section 12 for transferring property to another treasurer?
Q3.When property is transferred to another treasurer, who else does it vest in besides that treasurer?
Q4.Under Section 12, a transfer can occur if a treasurer is appointed for a State where:
Q5.How fully does property vest in the new treasurer after a transfer under Section 12?