Charities Act, 1973

• Permanent Page URL

Amendment of section 43 of Principal Act.

14.—The Principal Act is hereby amended by the substitution of the following new section for section 43:

“Power of Board to appoint new trustees of charity.

43.—(1) Where for any reason the appointment of a new trustee or new trustees of any charity appears to the Board to be necessary, the Board—

(a) on the application of the trustee or trustees of the charity, or

(b) if there are no trustees of the charity, or they cannot be found, on the application of any person having an interest, or

(c) in any case, of their own motion,

may make—

(i) an order under the seal of the Board appointing a new trustee or new trustees of the charity either in substitution for or in addition to any existing trustee or trustees, or although there is no existing trustee, and

(ii) an order under the seal of the Board which shall operate to vest, but subject where necessary to transfer in the books of any bank, corporation or company, the property of the charity in the persons who on the appointment are the trustees, and in so far as the property is comprised of land it shall be so vested for such estate as the Board may direct, and the order shall have the same effect as if the persons who before the appointment were the trustees (if any) had duly executed all proper conveyances of the land for such estate as the Board direct, or if there is no such person, or no such person of full capacity, then as if such person had existed and been of full capacity and had duly executed all proper conveyances of the land for such estate as the Board direct.

(2) Every trustee of a charity appointed under this section shall, as well before as after the property of the charity becomes by law vested in him, have the same powers, authorities and discretions, and may in all respects act as if he had been originally appointed a trustee by the instrument (if any) creating the trust.

(3) The Board may order the costs and expenses of and incidental to any application or order under this section to be paid or raised out of the property of the charity or the income thereof or to be borne and paid in such manner and by such persons as the Board may consider just.

(4) The Board shall—

(a) not less than fourteen days before the date on which they propose to make an order under this section, give public notice of the proposed order, and

(b) within ten days after the date of the making of the order, give public notice of the making, and of the date of the making, of the order, in such manner as the Board consider most effectual for ensuring publicity for the proposal or order, as the case may be, and for bringing it to the attention of persons interested.

(5) (a) Any person having an interest may, within twenty-one days after the day on which public notice of the making of an order under this section is given by the Board, appeal to the High Court against the making of the order. In case the High Court is satisfied, in the circumstances of a particular case, that it is reasonable to do so, it may extend the time for bringing an appeal under this subsection. On any appeal under this subsection the Court may make such order confirming, annulling or varying the order under this section and such order as to costs as it thinks fit, but in case the High Court annuls or varies an order under this section which has become operative, the annulment or variation shall be without prejudice to the validity of anything previously done thereunder.

(b) The Board and the trustees (if any) of the charity shall be entitled to be represented and heard on any appeal under this subsection.

(c) An order under this section shall, if no appeal is brought against it within the period of twenty-one days mentioned in paragraph (a) of this subsection, become operative at the end of that period, and an order against which an appeal is so brought shall become operative—

(i) if and so far as it is confirmed by the Court, from the date of the final determination of the appeal, and

(ii) if the appeal is withdrawn, from the date of the withdrawal.

(6) An order under this section shall not operate further or otherwise as a discharge to any former or continuing trustee than an appointment of new trustees under any power for that purpose contained in any instrument would have operated.

(7) Nothing in this section shall give power to appoint an executor or administrator.

(8) Where a body corporate is appointed by order under this section to be, or a body corporate appointed under this section becomes, sole trustee of a charitable trust the terms of which provide for or require the appointment of more than one trustee, then during such time as the body corporate holds the office of trustee of the trust—

(a) the terms of the trust shall be deemed to provide for or require the appointment of one trustee only, and

(b) one trustee only shall be deemed to have been originally appointed under the terms of the trust.

(9) Where any land of which the ownership is registered under the Registration of Title Act, 1964 , becomes vested, by order under this section, in any person or persons, the registering authority under that Act shall, upon production of a copy under the seal of the Board of the order and upon payment of the appropriate fee, register that person or those persons in the appropriate register maintained under that Act as owner (within the meaning of that Act) of the land.

(10) Where an order is made by the Board under this section, all property transferred by the order which immediately before the date of the order was standing or registered in the books of any bank, corporation or company or was entered in any register kept in pursuance of any enactment shall, upon production of a copy under the seal of the Board of the order, be transferred into the names of the persons appointed trustees by the order.”.