Section 7 in The Jammu and Kashmir Charitable Endowments Act, 1989
7. Scheme of administration of Property of certain other Charitable Trusts.
(1)The Government may suo moto for reasons to be recorded or on an application made by any person having an interest, by notification in the Government Gazette, settle a scheme for the administration of any property held in trust for a charitable purpose which has not vested in the Treasurer of Charitable Endowment under section 4 of this Act.(2)The Government may appoint date, whether retrospectively or prospectively, on which a scheme settled under this section shall become operative.(3)Such a scheme may provide for the following :-(a)powers and functions of the Treasurer with respect to such charitable trusts ;(b)appointment of Treasurer of Charitable Endowments as a trustee ;(c)removal of any existing trustee ;(d)appointment of new trustees ; and(e)appoint, by name or office, a person or persons to administer the property.(4)The Government may, suo moto or on an application made by any person having an interest, by notification in the Government Gazette, modify any scheme settled under this section or substitute another scheme in its stead.(5)Such a scheme, when it comes into operation shall supersede any decree or direction relating to tire subject matter thereof in so far 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.(6)in the settlement of such a scheme effect shall be given to the wishes of the author of the trust.
