Section Text
(1) On application made as hereinafter mentioned, and withthe concurrence of the person or persons making the application, the 1 [appropriate Government] if it thinks fit, may settle a scheme for theadministration of any property which has been or is to be vested in thetreasurer of Charitable Endowments, and may in such scheme appoint, by name oroffice, a person or persons, not being or including such treasurer, toadminister the property.
(2) On application made as hereinafter mentioned, and withthe concurrence of the person or persons making the application, the 1 [appropriate Government] may, if it thinks fit, modify any scheme settledunder this section or substitute another scheme in its stead.
(3) A scheme settled, modified or substituted under thissection shall, subject to the other provisions of this section come intooperation on a day to be appointed by the 1 [appropriate Government]in this behalf, and shall remain in force so long as the property to which itrelates continues to be vested in the treasurer of Charitable Endowments oruntil it has been modified or another such scheme has been substituted in itsstead.
(4) Such a scheme, when it comes into operation, shallsupersede any decree or direction relating to the subject-matter thereofinsofar as such decree or direction is in any way repugnant thereto, and itsvalidity shall not be questioned in any court, nor shall any court give, incontravention of the provisions of the scheme or in any way contrary or inaddition thereto, a decree or direction regarding the administration of theproperty to which the scheme relates:
2 [Provided that nothing in this sub-section shall be construedas precluding a court from inquiring whether the Government by which a schemewas made was the appropriate Government.]
(5) In the settlement of such a scheme effect shall begiven to the wishes of the author of the trust so far as they can be ascertained,and, in the opinion of the 3 [appropriateGovernment], effect can reasonably be given tothem.
(6) Where a scheme has been settled under this section forthe administration of property not already vested in the treasurer ofCharitable Endowments, it shall not come into operation until the property hasbecome so vested.4
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1. Substituted by the A.O. 1937 for "Local Government".
2. Inserted by the A.O. 1937.
3. Substituted by the A.O. 1937, for "Local Government".
4. A proviso to section 5, applicable only to Bengal, has been added bythe Bengal Wakf Act, 1934 (Ben. 13 of 1934), section 79.