6Mode of applying for vesting orders and schemes

(1) The application referred to in the two last foregoing sections must be made,--

(a) If the property is already held in trust for a charitable purpose, then by the person acting in the administration of the trust, or, where there are more persons than one so acting, then by those persons or a majority of them; and

(b) If the property is to be applied in trust for such a purpose then by the person or persons proposing so to apply it.

(2) For the purposes of this section the executor or administrator of a deceased trustee of property held in trust for a charitable purpose shall be deemed to be a person acting in the administration of the trust.¹

STATE AMENDMENTS

Uttar Pradesh.--

Addition of section 6-A in Act II of 1890.--After section 6 of the Charitable Endowments Act, 1890, the following shall be inserted as section 6-A.

"6-A. (1) If the State Government is satisfied upon representation made or otherwise, that in any case, where any property has already vested in the Treasurer of Charitable Endowments under section 4 and a scheme has been settled under section 5 that the person or persons acting in the administration thereof are wasting or mal-administering the same, it may by notice require the person or persons to show cause why the scheme settled for administration be not modified or substituted by another scheme.

(2) The notice under sub-section (1) shall be served in such manner as may be specified.

(3) Where the person or persons served with the notice fail to show cause within the time allowed or the Government is satisfied after considering their explanation, if any, and making such enquiry as it may deem necessary that the property is being wasted or mal-administered it may notwithstanding anything contained in section 5 or 6, modify the scheme or substitute another scheme in its place.dbtqts

[Vide the Uttar Pradesh Act 37 of 1952, s. 2]