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Section 14 of The Charitable Endowments Act, 1890

No suit shall be instituted against the Government in respect of anything done or purporting to be done under this Act, or in respect of any alleged neglect or omission to perform any duty devolving on the Government under this Act, or in respect of the exercise of, or the failure to exercise, any power conferred by this Act on the Government, nor shall any suit be instituted against a treasurer of Charitable Endowments except for divesting him of property on the ground of its not being subject to a trust for a charitable purpose, or for making him chargeable with or accountable for the loss or misapplication of any property vested in him, or the income thereof, where the loss or misapplication has been occasioned by or through his willful neglect or default.

Summary

No lawsuit can be instituted (which means officially started) against the Government for anything done or intended to be done under this Act.
The Government is protected from lawsuits regarding any alleged neglect or failure to perform its duties under this Act.
The Government cannot be sued for exercising or failing to exercise any of its powers under this Act.
A treasurer of Charitable Endowments cannot be sued, with only two very specific exceptions.
A treasurer can be sued for divesting (which means taking away) him of property on the ground that the property is not actually subject to a charitable trust.
A treasurer can be sued to be held personally accountable for lost or misapplied (which means wrongly used) property or income if it was caused by his willful neglect or default.

Practical examples

1In 2017, a local community group tried to sue the State Government because of a delay in approving their charity's new administrator. The court immediately dismissed the lawsuit because the Government has complete immunity for any failure or delay in performing its duties under this Act.

2An auditor discovered in 2022 that the treasurer, Mr. David, deliberately ignored safety rules and left charity funds in an unsecured box, resulting in a theft of 5,000 rupees. The charity administrators successfully sued Mr. David to make him personally pay back the lost money due to his willful neglect.

FAQ

1. Can you sue the Government if they fail to perform a duty under this Act?

No, the Act states that no lawsuit can be instituted (which means officially started) against the Government for any alleged neglect or omission to perform any duty under this Act.

2. Can a treasurer of Charitable Endowments be sued to take away property?

Yes, a treasurer can be sued for divesting (which means taking away) him of property on the ground that it is not actually subject to a trust for a charitable purpose.

3. Under what condition is a treasurer held accountable for lost or misapplied property?

A treasurer can be sued and held accountable only if the loss or misapplication was caused by or through his willful neglect or default.

Test yourself

Q1.Against whom is a lawsuit prohibited under Section 14 for any alleged neglect or omission of duty?

Q2.What is one of the two legal grounds on which a lawsuit may be brought against a treasurer of Charitable Endowments?

Q3.To make a treasurer accountable for the loss or misapplication of vested property, what must be proved?

Q4.Can a person sue the Government for exercising a power under the Charitable Endowments Act?

Q5.If a charity's property is lost through an unavoidable accident without any neglect by the treasurer, can the treasurer be sued for the loss?

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