Section 13 of The Charitable Endowments Act, 1890
1[Power to make rules.--,2[(1)] The 3[appropriate Government] may 4[, by notification in the Official Gazette], make rules consistent with this Act for
- (a)prescribing the fees to be paid to the Government in respect of any property vested under this Act in a treasurer of Charitable Endowments;
- (b)regulating the cases and the mode in which schemes or any modification thereof are to be published before they are settled or made under section 5;
- (c)prescribing the forms in which accounts are to be kept by treasurers of Charitable Endowments and the mode in which such accounts are to be audited; and
- (d)generally carrying into effect the purposes of this Act. 4[(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.
- (3)Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the Rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
Summary
- The appropriate Government can make rules consistent with this Act by publishing a notification in the Official Gazette.
- These rules can prescribe the fees that must be paid to the Government for property vested (which means officially held) in a treasurer.
- They can regulate how and when schemes or modifications to schemes must be published before being made under section 5.
- They can set the exact forms for keeping accounts and the mode in which those accounts must be audited.
- Rules made by a State Government must be presented before the State Legislature as soon as possible after they are made.
- Rules made by the Central Government must be laid before both Houses of Parliament for a total period of thirty days.
Practical examples
FAQ
1. How does the appropriate Government officially make rules under this Act?
The rules are made by publishing them as a notification in the Official Gazette.
2. Can the rules specify how a charity's accounts should be handled?
Yes, rules can prescribe the forms in which treasurers must keep accounts and the mode in which those accounts are to be audited.
3. What happens if a State Government makes a rule?
Every rule made by a State Government must be laid before the State Legislature as soon as possible after it is made.
4. What is the parliamentary procedure for rules made by the Central Government?
They must be laid before each House of Parliament while in session for a total of thirty days, which can be across one or more successive sessions.
5. Under what section are schemes or modifications settled, for which the publication modes are regulated under Section 13?
They are settled (which means officially finalized) or made under section 5 of the Act.
Test yourself
Q1.Which authority has the power to make rules under Section 13?
Q2.Where must rules be published to be officially made under Section 13?
Q3.Rules can regulate the publication of schemes or modifications before they are settled or made under which section?
Q4.What must be done with a rule made by a State Government under Section 13?
Q5.For how long must a Central Government rule be laid before each House of Parliament?