RCE Rules 6अध्याय 0 · Preliminary

धारा 6 · Previous publication of vesting orders and schemes or administration

(1)

When the State Government is of opinion that a proposed vesting order or proposed scheme or modification of scheme should not be made or settled without previous publication, it shall publish a draft of the proposed order, scheme or modification, or a proper abstract thereof signed by one of its Secretaries, for the information of person likely to be affected thereby.Note.-No interference should be done under the Act, in cases of doubt or dispute and the jurisdiction of the courts in such cases should in practice be left unaffected by the Act. The cases with which the State Government will have to deal may, therefore, be divided into two classes, namely:-

(1)cases of trusts whether already established or proposed to be established out of which it may be confidently predicted that contention cannot arise, and

(2)

cases out of which contention may possibly arise, however, remote or unlikely the contingency. To the first class will belong such cases as those of Railway schools and endowments in Government securities in general aid of the funds of specified dispensaries or schools. To the second class will belong most cases in which private persons apply for a vesting of a scheme of modification of a scheme and 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. In cases belonging to the first class, previous publication of proposed vesting orders and of proposed schemes and modifications of schemes will ordinarily be unnecessary; in cases belonging to the second class, there should ordinarily be previous publication of such documents.

(2)The publication should be made in the official Gazette and in such other manner as the State Government may direct.

(3)

There shall be published with the draft or abstract a notice specifying a date on or after which the proposed order, scheme or modification will be taken into further consideration.

(4)

The State Government shall consider any objection or suggestion which it may receive from any person before such date with respect to the proposed order, scheme or modification.

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