State of Madhya Pradesh - Act
The Charitable Endowments (Madhya Pradesh) Rules, 1957
MADHYA PRADESH
India
India
The Charitable Endowments (Madhya Pradesh) Rules, 1957
Rule THE-CHARITABLE-ENDOWMENTS-MADHYA-PRADESH-RULES-1957 of 1957
- Published on 17 September 1957
- Commenced on 17 September 1957
- [This is the version of this document from 17 September 1957.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and application.
2. Interpretation.
- In these rules,-3. Previous publication of vesting orders and schemes.
- In cases in which private persons apply for a vesting order or a scheme or modification of a scheme, and in all cases in which it is proposed to depart in any respect from the ascertained wishes or presumable intentions of the founder of an endowment, there shall ordinarily, unless the State Government otherwise directs, by previous publication of the proposed vesting order or scheme or modification.4. Mode of previous publication.
5. Costs.
- The cost of the previous publication under Rule 4 of any proposed order, scheme or modification of a scheme, and any other costs incurred or which may be incurred in the making of the orders or in the settlement of a scheme or modification of a scheme shall be paid by the applicant for the order, scheme or modification as the case may be, and, if the State Government so directs, may be paid by him, out of any money in his possession pertaining to the trust to which his application relates.6. Securities which may vest in the Treasurers.
- No securities for money except the securities mentioned in clauses (a), (b), (bb), (e) and (d) of Section 20 of the Indian Trusts Act, 1882 (II of 1882), [and fixed deposits of the State Bank of India] [Inserted by Notification dated 22-1-1971.] shall be vested in the Treasurer.7. Accounts of Trusts consisting of immovable property.
- In the case of property vested in the Treasurer other than securities for money, the person acting in the administration of the trust and having, under sub-section (3) of Section 8 of the Act, the possession, management, and control of the property and the application of the income thereof, shall, in books to be kept by him, regularly enter or cause to be entered full and true accounts of all moneys received and paid respectively on account of the trust, and shall, on the demand of the State Government, submit annually to such public servant as the State Government may appoint in this behalf, in such form and at such time as the State Government may prescribe, an abstract of those accounts and such returns as to other matters relating to the administration of the trust as the State Government may, from time to time, see fit to require.8. Fees.
9. Vesting orders how filed.
- All copies of vesting orders received by the Treasurer shall be filed together and shall be numbered in consecutive order of their receipt, when sufficient numbers have been received, they shall be bound in volumes. A note shall be made on each vesting order of any entries in the registers under the order.10. Registers of securities.
- On the receipt of any securities for money, or on their purchase by himself, the Treasurer shall record their receipt in a register in Form 1. He shall also keep a separate account for each endowment in Form 2, in which he shall record all receipts including any amounts sent for investment, and all disbursements. In the cash account in Part II of Form 2 the Treasurer shall record only his own transactions (such as the payment of money to the administrators), and not the transactions of the administrators of the endowment fund.11. Stock disposal register.
- The Treasurer shall enter all securities returned or sold by him in a register in Form 3. Returns shall also be entered in Form 2, where the amount returned will be deducted from the capital of the endowment concerned.12. Custody of securities.
- On the issue of a vesting order under Section 4 of the Act in respect of any securities for money, the person authorised under Section 6 of the Act to make the application for such vesting order shall, as soon as practicable, forward to the Treasurer the said securities. The Treasurer shall, after recording the receipt of the said securities in the registers kept under Rule 10 and also in the Treasurer's Stock Register (Form 6), send them to the Manager, Reserve Bank of India, Bombay, for conversion and safe custody.13. Register of property other than securities.
- The Treasurer shall enter in a register in Form 4 any property other than securities which become vested in him, and shall record in the same register against the original entry a note of any property of which he is divested.14. Accounting of interest.
- The Demand Drafts issued by the Reserve Bank of India, Bombay half-yearly for the aggregate amount of interest on securities relating to each kind of loan held in trust should be sent to the State Bank of India, Bhopal, duly endorsed for payment by transfer credit to the Personal Deposit Account of the Treasurer at the Bhopal Treasury. The receipt and payment shall be entered in the register in Form 7. The interest will be distributed to the various ledger accounts in the register in Form 2 m which the gross amounts shall be shown, any deductions for fees, etc.' being shown as a charge, and the payment of the balance to the administrators being shown as a disbursement. Payment of interest will be made to the administrators at head-quarters by personal deposit cheques and to those residing outside the headquarters by demand drafts. A memo for forwarding the cheque or demand draft shall be prepared in Form 8.15. Verification of the quarterly statement of the Reserve Bank of India showing the securities in its custody.
- The Treasurer shall verify the balances shown in the statement of securities in the custody of the Reserve Bank sent by the Bank at the end of every quarter, with Treasurer's Stock Register (Form 6) and the Register of Securities (Form 1) and record a note of the verification in both the registers. The result of the verification shall be reported to the Reserve Bank.16. Publication of accounts.
- A list of all properties vested in the Treasurer and an abstract of the accounts of the interest shall be published in the Official Gazette on the 1st June of each year.17. Form of publication of list and abstract.
- The list of properties vested m the Treasurer shall be published in Form 5. Part I will relate to properties other than securities and will also contain the abstract of accounts required by the Act to be published. The Treasurer shall demand and receive acknowledgments of the correctness of the balances when so published, from the administrators of endowment funds or from any one or more of their body who may have been authorised by the administrators to give such acknowledgments. The acknowledgment shall be obtained in Form 9.18. Audit.
- The Treasurer's accounts will be audited annually by the Examiner, Local Fund Accounts, Madhya Pradesh and his Assistants.Form 1[See Rule 10]Register of Securities held under Act VI of 1980| Particulars of securities received | ||||||||||
| Serial No. | Date of receipt | Name of brief description of charitable endowment | From whom received | No. and date of forwarding letter | Nature of securities, Government securities 3.5%loan of 1865, guaranteed Railway debentures etc. | Distinguishing number of each security | Nominal value of each security | Total nominal value of each separate endowment | Ledger folio | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
1. Name of Endowment
2. Particulars of vesting order
3. When vested in Treasurer
4. Name of Administrators
5. To whom interest is to be sent
Part II – Account of Capital
| S.No. in Form 1 | Particulars (e.g. received or returned, etc.) | Details of securities (distinguishing number,etc.) | Value of each security (Separate cost for eachkind) | Amount of half-yearly interest | Rate of which interest has been paid on receipt | Initials of Treasurer or Assistant incharge |
| 3.5% loan of 1865 | Guaranteed Railway | |||||
Part II – Cash Account
| Receipt | Expenditure | Initials of Treasurer or Assistant incharge | |||
| Date | Particulars | Amount | Date | Particulars | Amount |
| S. No. | Date of entry | Name of the Fund or Trust | No. of the entries in Stock Register | Amount disposed of | How disposed of | Initials of the Treasurer or Assistant incharge |
| S. No. | Particular vesting order | Name of endowment | Administrators of properties | Property held | |||
| No. | Date | Description | Value | Annual income, if known | |||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Title deeds held | Initials of Treasurer or Assistant incharge | Remarks | |||||
| Description | Date of receipt | Where deposited | Date of return | To whom returned | Authority for return | ||
| (9) | (10) | (11) | (12) | (13) | (14) | (15) | (16) |
Part I – List of Properties their than Securities
| S. No. | Particulars of vesting order | Name of endowment | Administrators of properties | Property held | Remarks | |||
| No. | Date | Description | Value | Annual income, if known | ||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
Part II – List and Abstract Account of Securities
| Case No. | Name of Endowment | Person in whose behalf held | Particulars of securities | Total of securities | Cash Receipts | Cash expenditure payments | Balance in cash | Remarks | ||
| Interest or dividend realised | Other cash receipts | Total cash receipts | ||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
| No. of case in form No. | S. No. | Date of entry | To what Fund of Trust the investment belongs | To whom interest is to be remitted |
| (1) | (2) | (3) | (4) | (5) |
| Amount of investment | Amount of half-yearly interest | Pair of columns for noting interest payment bycheque or demand draft | Remarks |
| (6) | (7) | (8) | (9) |
| Receipts | Payments | Initials of Treasurer or Assistant incharge | ||||
| No. and date of Bank Draft | Total amount credited to the P.D. account ofTreasurer Charitable Endowments | Particulars of Receipts | No. and date of draft issued | To whom remitted | Amount remitted | |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Name of Fund | Details of investment | Gross interest | Commission deducted | Less Income tax | Net amount payable | Ledger folio |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Rs. P. | Rs. P. | Rs. P. | Rs. P. | |||