Section 6 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 6 of the Charitable Endowments Act, 1890 answers one question: who may apply for a vesting order under section 4 or a scheme under section 5. For property already held in trust, the application is by the persons acting in the administration of the trust, or a majority of them; for property still to be applied in trust, it is by the persons proposing to apply it.
This article explains section 6 of the Charitable Endowments Act, 1890 as amended up to the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), per the consolidated text consulted on 3 October 2026. Later amendments, State notifications under section 1 and the State law on public trusts should be checked before relying on it.
Where a State law governs public trusts (for example the Maharashtra Public Trusts Act, 1950, the Rajasthan Public Trusts Act, 1959 or the Madhya Pradesh Public Trusts Act, 1951), that State law must be checked first.
The application for a vesting order or a scheme "must be made" (a) if the property is already held in trust for a charitable purpose, by the person acting in the administration of the trust, or, where more than one acts, by those persons or a majority of them; and (b) if the property is to be applied in trust, by the person or persons proposing so to apply it (section 6(1)). The executor or administrator of a deceased trustee is deemed a person acting in the administration of the trust (section 6(2)). Section 7 is repealed.
Section 6(1): who applies
"The application referred to in the two last foregoing sections must be made":
| Case | Who must apply |
|---|---|
| (a) Property already held in trust for a charitable purpose | The person acting in the administration of the trust; where more than one person acts, those persons or a majority of them |
| (b) Property to be applied in trust for such a purpose | The person or persons proposing so to apply it |
The "two last foregoing sections" are section 4 (vesting orders) and section 5 (schemes). The words are "must be made", so an application by anyone else does not meet the section. If you are working out who qualifies, a short legal consultation can settle the point.
Clause (a). The test is the persons "acting in the administration of the trust". It is not enough to be named in the deed; the persons who are actually acting are the ones who apply. Where there is more than one, the application is made by all of them or by a majority. A majority is enough for the application, but section 5 also asks for the concurrence of the persons making the application before a scheme is settled, so the persons who apply and agree are those whose agreement the Government looks to.
Clause (b). A donor or settlor who proposes to put property into a charitable trust can apply before the trust exists, so that the property is vested in the Treasurer from the beginning. The applicants are "the person or persons proposing so to apply it".
Section 6(2): the executor or administrator of a deceased trustee
"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." The sub-section is in square brackets in the copy, which shows that it was added by amendment. It means that when the trustee dies, the executor or administrator of his estate can take part in the application as if he were acting in the administration.
Section 7: repealed
Section 7, headed "Exercise by Governor-General in Council of powers of Local Government", is printed with the note "", meaning the Government of India (Adaptation of Indian Laws) Order, 1937. The old names in the heading are as printed and are not explained further here. Section 7 has no operative text.
The section at a glance
| Sub-section | Subject | Rule in short |
|---|---|---|
| 6(1)(a) | Property already in trust | Persons acting in the administration, or a majority |
| 6(1)(b) | Property to be put in trust | Persons proposing to apply it |
| 6(2) | Deceased trustee | Executor or administrator counts as acting in the administration |
| 7 | Repealed | Adaptation Order, 1937 |
Worked example
An invented charitable trust, the Shri Vindhya Siksha Nidhi, is run by five persons in actual administration. Three of them wish to apply for a vesting order and a scheme; they make up a majority and apply under clause (a). One of the five has died, and his executor, Mr Anand Kulkarni, is deemed a person acting in the administration of the trust and may join. A different donor, Mrs Meera Joshi, wants to give a sum to a new charitable fund and proposes to apply it in trust; as the person proposing so to apply it, she may apply under clause (b).
Practical points
- Identify who is actually acting in the administration of the trust before preparing the application.
- Record the decision of a majority if not every trustee joins.
- Include the executor or administrator of a deceased trustee where relevant.
- A donor planning a new charitable fund can apply as the person proposing to apply the property.
- Check any State law on public trusts first, because it may govern the trust's administration.
Need help preparing the application?
The application is the first document the Government sees, and it must come from the right persons. We can identify the applicants, prepare the application and align it with the deed. Contact us through legal consultation to start.
Key takeaways
- For property already in trust, the persons acting in the administration, or a majority of them, apply (section 6(1)(a)).
- For property to be put in trust, the persons proposing so to apply it apply (section 6(1)(b)).
- The executor or administrator of a deceased trustee is deemed to be acting in the administration (section 6(2)).
- The application is for a vesting order under section 4 or a scheme under section 5.
- Section 7 is repealed.
Read next
- Section 4 of the Charitable Endowments Act, 1890: vesting property in the Treasurer
- Section 5 of the Charitable Endowments Act, 1890: schemes for administration of vested property
- Sections 8 and 9 of the Charitable Endowments Act, 1890: the Treasurer as a bare trustee and the annual list
Disclaimer: Based on the Charitable Endowments Act, 1890 and the Charitable and Religious Trusts Act, 1920 as amended up to the Jammu and Kashmir Reorganisation Act, 2019, as consulted on 3 October 2026. State laws on public trusts and religious endowments, State notifications under the 1920 Act and later amendments should be checked. This article is general information, not legal advice; check the official text before acting.