Section 5: Schemes for administration of property vested in the Treasurer

Q: What does Section 5 of The Charitable Endowments Act, 1890 (TCEA) deal with?

Section 5 TCEA pertains to "Schemes for administration of property vested in the Treasurer". It is part of the The Charitable Endowments Act, 1890, a legislation enacted by the Parliament of India. Section 5 of The Charitable Endowments Act, 1890 (TCEA) governs schemes for administration of property vested in the Treasurer. As verified on 19 May 2026.

Q: Is Section 5 TCEA still in force?

Yes, Section 5 of the The Charitable Endowments Act, 1890 is currently in force across the Republic of India.

Q: What is धारा 5 TCEA?

धारा 5 TCEA is the Devanagari Hindi reference for Section 5 of the The Charitable Endowments Act, 1890. Section 5 of The Charitable Endowments Act, 1890 (TCEA) governs schemes for administration of property vested in the Treasurer. As verified on 19 May 2026.

Q: What is Dhara 5 TCEA?

Dhara 5 TCEA is the Roman Hindi reference for Section 5 of the The Charitable Endowments Act, 1890. "Dhara" means "Section" in Hindi. Section 5 of The Charitable Endowments Act, 1890 (TCEA) governs schemes for administration of property vested in the Treasurer. As verified on 19 May 2026.

Q: How to cite Section 5 of The Charitable Endowments Act, 1890?

Cite as: "Section 5, The Charitable Endowments Act, 1890 (TCEA)" in legal briefs. For academic writing, use the BlueBook format: The Charitable Endowments Act, 1890, § 5 (India).

Law on Tips Editorial Board

(1)

On application made as hereinafter mentioned, and with the concurrence of the person or persons making the application, the [appropriate Government] [Substituted by A.O.1937,for " Local Government " .], if it thinks fit, may settle a scheme for the administration of any property which has been or is to be vested in the Treasurer of Charitable Endowments, and may in such scheme appoint, by name or office, a person or persons, not being or including such Treasurer, to administer the property.

(2)

On application made as hereinafter mentioned, and with the concurrence of the person or persons making the application, the [appropriate Government] [[

Substituted by A.O.1937,for " Local Government " .]] may, if it thinks fit, modify any scheme settled under this section or substitute another scheme in its stead.

(3)

a scheme settled, modified or substituted under this section shall, subject to the other provisions of this section, come into operation on a day to be appointed by the [appropriate Government] [ Substituted by A.O.1937, for " Local Government " .] in this behalf, and shall remain in force so long as the property to which it relates continues to be vested in the Treasurer of Charitable Endowments or until it has been modified or another such scheme has been substituted in its stead.

(4)

Such a scheme, when it comes into operation, shall supersede any decree or direction relating to the subject-matter thereof insofar as such decree or direction is in any way repugnant thereto, and its validity shall not be questioned in any Court, nor shall any Court give, in contravention of the provisions of the scheme or in any way contrary or in addition thereto, a decree or direction regarding the administration of the property to which the scheme relates:

[Provided that nothing in this sub-section shall be construed as precluding a Court from inquiring whether the Government by which a scheme was made was the appropriate Government.] [ Inserted by A.O. 1937.]

(5)

In the settlement of such a scheme effect shall be given to the wishes of the author of the trust so far as they can be ascertained, and, in the opinion of the [appropriate Government] [ Substituted by A.O.1937, for " Local Government " .], effect can reasonably be given to them.

(6)

[ Where a scheme has been settled under this section for the administration of property not already vested in the Treasurer of Charitable Endowments, it shall not come into operation until the property has become so vested.] [ Proviso to Section 5, applicable only to Bengal, has been added by the Bengal Wakf Act, 1934(Bengal Act 13 of 1934), Section 79.]