66 THE UTTAR PRADESH CHARITABLE ENDOWMENTS (EXTENSION OF POWERS) ACT, 19501 (U. P. Act No. XX of 1950) [Passed in Hindi by the Uttar Pradesh Legislative Assembly on March 29, 1950, and by the Uttar Pradesh Legislative Council on February 11, 1950.
Received the assent of the President on May 31, 1950, under Article 201 of the Constitution of India and was published in Gazette, dated July 1, 1950].
AN ACT to extend the provision of the Charitable Endowments Act, 1890, in its application to Uttar Pradesh for certain purposes.
Preamble WHEREAS it is expedient to provide for greater powers to the State Government to frame schemes for charitable endowments for educational purposes.
Short title, extent and commencement It is hereby enacted as follows :
1. (1) This Act may be called the Uttar Pradesh Charitable Endowments (Extension of Powers) Act, 1950.
(2) It shall extends to whole of Uttar Pradesh.
(3) It shall come into force at once.
Notice to persons acting in administration
2. (1) If, upon any representation made or otherwise it appears to the State Government that any property held in trust for the advancement of education is being wasted or mal-administered, it may by notice, require the person or persons acting in the administration thereof to show cause, within a time to be specified, why the same be not vested in the Treasurer of Charitable Endowments and a scheme for its administration be not settled.
(2) The notice required by sub-section (1) shall be served in such manner as may be specified.
Order by State Government if wastage of property proved.
3. Where the person or persons served with the notice under the next preceding section fail to show cause within the time allowed, or the State Government is satisfied, after considering their explanation, if any, and making such enquiries as it may deem necessary, that the property is being wasted or mal-administered, it may make an order to that effect.
Actions after the above order Act no. 3 of 1890
4. Upon the making of the order mentioned in section 3 it shall be lawful for the State Government to proceed against such property under the Charitable Endowments Act, 1890 and the provisions of the said Act shall have effect as if— ——————————————————————————————————————————
1. For S. O. R. see Gazette, dated January 28, 1950.
[The Uttar Pradesh Charitable Endowments (Extension of Powers) Act, 1950] 68
(a) in sub-section (1) of section 4 of the said Act the words “on application made as hereinafter mentioned, and”, and “as may be agreed on between the appropriate Government and the person or persons making the application”, were omitted ;
(b) in sub-section (1) and (2) of section 5 of the said Act the words “on application made as hereinafter mentioned and with the concurrence of the person or persons making the application,” and the “comma” thereafter, were omitted, and
(c) for section 6 of the said Act, the following was substituted.
“6. No scheme shall be settled, modified or substituted under the provisions of the foregoing sections, except after a draft thereof has been published in such manner as the appropriate Government may direct for the information of persons or interests likely to be affected thereby.”