Central

Section 3 of The Charitable Endowments Act, 1890

1[(1) The Central Government may appoint an officer of the Government by the name of his office to be treasurer of Charitable Endowments for India, and the Government of any State may appoint an officer of the Government by the name of his office to be treasurer of Charitable Endowments for 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 Endowments for 2[India or, as the case may be, the State], and, as such treasurer, shall have perpetual succession and a corporate seal, and may sue and be sued in his corporate name.

Summary

The Central Government can appoint a government officer to be the treasurer of Charitable Endowments for India.
Any State Government can appoint a government officer to be the treasurer of Charitable Endowments for that State.
These appointments are made by the official title of the office rather than by the individual person's name.
The treasurer acts as a corporation sole, which is a legal entity consisting of a single person holding a permanent office that continues forever as a legal entity.
The treasurer has perpetual succession (continues indefinitely), a corporate seal, and can sue and be sued in their official corporate name.

Practical examples

1In 1920, the local government appointed the Director of Treasury as the State Treasurer, meaning that when the director retired, the next person in that office automatically became the treasurer without needing to transfer any properties.

2A local hospital trust in 1950 had a dispute over land held by the treasurer, so they filed a lawsuit directly against the "Treasurer of Charitable Endowments for the State" using that corporate name.

FAQ

1. Who appoints the treasurer of Charitable Endowments for India?

The Central Government can appoint this officer.

2. Can a State Government appoint its own treasurer of Charitable Endowments?

Yes, the Government of any State may appoint an officer of the Government to be the treasurer for that State.

3. How are these treasurers appointed?

They are appointed by the name of their office.

4. What legal status does the treasurer have for taking and holding property?

The treasurer is a corporation sole, which means a single person holding a permanent office that continues forever as a legal entity.

5. What corporate features does the treasurer have under this section?

The treasurer has perpetual succession, a corporate seal, and the legal capacity to sue and be sued in their corporate name.

Test yourself

Q1.Who has the authority to appoint the treasurer of Charitable Endowments for India?

Q2.How is the treasurer of Charitable Endowments appointed under Section 3(1)?

Q3.What kind of legal entity is the treasurer under Section 3(2)?

Q4.Which of the following is NOT a feature of the treasurer's office under Section 3(2)?

Q5.For what purposes does the treasurer act as a corporation sole?

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