Section 3 in The Rajasthan Charitable Endowments Rules, 1961
3. Instructions to be followed while making proposals vesting.
- When proposals for vesting property in the Treasurer are submitted to the State Government, the following instructions should be carefully followed, namely:(1)The endowment must be for a charitable purpose as defined in Section 2 of the Act, namely, relief of the poor, education, medical relief and the advancement of any other object of general public utility, but not including a purpose which relates exclusively to religious teaching or worship. An endowment which is partly for such a purpose and partly to benefit members of the donor's family may be accepted.(2)Endowments for a purely religious purpose cannot be vested in the Treasurer.(3)If it is proposed to associate persons in the service of the Central or any State Government in the management, the endowment should be of such a substantial amount and its objects of such public utility as to justify the time of such persons being employed in its management.(4)[Except in special cases] [Substituted by G.S.R. 63 vide Notification No. F. 12(4) F.W.M./80, dated 24.7.1980-Rajasthan Gazette, Part IV-C(1), dated 21.8.1980, page 131.] no endowment with a capital of less than one thousand rupees will be accepted.(5)In the proposal to the State Government it should be stated whether the scheme of administration should be published for objections before it is finally notified. If any doubt arises regarding the donor's absolute and exclusive ownership of the property, previous publication is of special importance.(6)The vesting order should contain-(a)A detailed description of the property to be vested-(i)In the case of securities, the date of the loan, the amount and the number of each promissory note, bond and the like (If the number is not known, it may be simply stated as "Stock of....... per cent loan of.........[for Rs] [Substituted by G.S.R. 63 vide Notification No. F. 12(4) F.W.M./80, dated 24.7.1980 - Rajasthan Gazette, Part IV-C(1), dated 21.8.1980, page 131.].......).(ii)In the case of immovable property, an accurate description of the property (Ordinarily the area, boundaries and Khasra or Khewat numbers should be specified).(b)The income from the endowment should not be stated since in the case of securities, it can easily be calculated and in the case of immovable property it is subject to variation.(7)The scheme of administration shall contain a full explanation of the purpose of the endowment and particulars as to how and by whom the purpose is to be carried out. Provision should also be made for the following matters:-(i)The appointment of the president of the committee as the mode of filling a vacancy in the post, if the president is not an ex-officio one,(ii)The mode of filling vacancies in the Committee.(iii)The appointment of a member of the committee by the President, if the vacancy is not filled in the prescribed manner within a certain period,(iv)The manner of coming to a decision on matters on which the committee is divided (ordinarily the opinion of the majority will prevail and where there is an equality of votes, the chairman or president should have a second or casting vote),(v)The number of the [committee members] [Substituted by G.S.R. 63 vide Notification No. F. 12(4) F.W.M./80, dated 24.7.1980 - Rajasthan Gazette, Part IV-C(1), dated 21.8.1980, page 131.] which will form a quorum,(vi)The appointments of a Secretary and the mode of filling his post on the occurrence of a vacancy,(vii)The number of times in a year the committee should ordinarily meet (with approximate date), discretion being left to the president to convene a meeting when he considers it necessary,(viii)The recording of proceedings of meetings and the keeping of accounts and books by the secretary.(ix)The placing of the income from the vested funds, received from the Treasurer, in a Savings Bank and the manner in which Savings are to be dealt with,(x)The audit of accounts.Note. - The provision of sub-rule (7) will ordinarily not apply to trusts in which there are no committees appointed under the terms for their administration.
