sec.16Variations of terms of trusts and gifts

### sec.16 Variations of terms of trusts and gifts Where any property is held by the Association on terms requiring such property or the income therefrom to be applied for a purpose or purposes and— such purpose or all or any of such purposes has or have been effected; or such purpose or all or any of such purposes has or have ceased to exist; or such purpose or all or any of such purposes has or have been adequately provided for by other means; or such purpose is or all or any of such purposes are uncertain or cannot be identified or is or are not sufficiently defined; or it becomes impossible or impracticable or inexpedient to carry out the purpose or all or any of such purposes; or the property or income derived therefrom proves inadequate or more than sufficient to carry out such purpose or all or any of such purposes; then subject to the provisions of this section the Council may cause to be prepared a scheme by which that property or any part or residue thereof shall be held on terms requiring such property, part or residue or the income therefrom to be applied for the purpose or purposes designated in the scheme. A scheme prepared pursuant to subsection (1) shall be submitted by the Council to the Minister. Upon receipt of a scheme, the Minister may— approve the scheme; or approve the scheme with such modifications as the Minister thinks fit; or refuse to approve the scheme. A scheme approved by the Minister (with or without modifications) is, in this section, in relation to the property or part or residue thereof concerned, called the approved scheme and notification thereof shall be published in the Gazette. Where in relation to any property held by the Association there is in existence for the time being, an approved scheme, such property and the income arising therefrom, should the case require it, shall in accordance with the approved scheme, be diverted from the purpose or purposes for which it was held and shall be held for the purpose or purposes as designated in the approved scheme. If the Council desires from time to time to amend an approved scheme it shall submit every proposed amendment to the Minister. The Minister may— approve the amendment; or approve the amendment with such modifications as the Minister thinks fit; or refuse to approve the amendment. Notification of every amendment to an approved scheme approved by the Minister shall be published in the Gazette and thereupon the approved scheme in relation to which such amendment has been approved shall be amended in accordance with such approval and as so amended shall be the approved scheme for the time being in relation to the property the subject of such approval. Where property the subject of an approved scheme consists (wholly or in part) of land, the Association shall, within 14 days after the publication in the Gazette of notification of the approved scheme and within 14 days of the publication in the Gazette of notification of every amendment thereof, notify the authority charged in law with the registration of dealings relating to the land of such approval or, as the case may be, amendment. In selecting a purpose for an approved scheme or for any amendment of an approved scheme the Council shall have a preference for a purpose which, in its opinion, is as nearly similar to the purpose or purposes for which the property concerned is, for the time being, held by the Association as is consistent with useful and convenient achievement. However, an approved scheme or an approved amendment to an approved scheme shall not be invalidated or otherwise prejudiced by reason of the fact that another purpose may have more properly been selected by the Council in accordance with subsection (6) . Upon its publication in the Gazette judicial notice shall be taken of an approved scheme and of any amendment thereof. The powers conferred by this section are in addition to any other powers or rights exercisable in law in respect of property held by the Association upon trust. (sec.16-ssec.1) Where any property is held by the Association on terms requiring such property or the income therefrom to be applied for a purpose or purposes and— such purpose or all or any of such purposes has or have been effected; or such purpose or all or any of such purposes has or have ceased to exist; or such purpose or all or any of such purposes has or have been adequately provided for by other means; or such purpose is or all or any of such purposes are uncertain or cannot be identified or is or are not sufficiently defined; or it becomes impossible or impracticable or inexpedient to carry out the purpose or all or any of such purposes; or the property or income derived therefrom proves inadequate or more than sufficient to carry out such purpose or all or any of such purposes; then subject to the provisions of this section the Council may cause to be prepared a scheme by which that property or any part or residue thereof shall be held on terms requiring such property, part or residue or the income therefrom to be applied for the purpose or purposes designated in the scheme. (sec.16-ssec.2) A scheme prepared pursuant to subsection (1) shall be submitted by the Council to the Minister. (sec.16-ssec.2A) Upon receipt of a scheme, the Minister may— approve the scheme; or approve the scheme with such modifications as the Minister thinks fit; or refuse to approve the scheme. (sec.16-ssec.2B) A scheme approved by the Minister (with or without modifications) is, in this section, in relation to the property or part or residue thereof concerned, called the approved scheme and notification thereof shall be published in the Gazette. (sec.16-ssec.3) Where in relation to any property held by the Association there is in existence for the time being, an approved scheme, such property and the income arising therefrom, should the case require it, shall in accordance with the approved scheme, be diverted from the purpose or purposes for which it was held and shall be held for the purpose or purposes as designated in the approved scheme. (sec.16-ssec.4) If the Council desires from time to time to amend an approved scheme it shall submit every proposed amendment to the Minister. (sec.16-ssec.4A) The Minister may— approve the amendment; or approve the amendment with such modifications as the Minister thinks fit; or refuse to approve the amendment. (sec.16-ssec.4B) Notification of every amendment to an approved scheme approved by the Minister shall be published in the Gazette and thereupon the approved scheme in relation to which such amendment has been approved shall be amended in accordance with such approval and as so amended shall be the approved scheme for the time being in relation to the property the subject of such approval. (sec.16-ssec.5) Where property the subject of an approved scheme consists (wholly or in part) of land, the Association shall, within 14 days after the publication in the Gazette of notification of the approved scheme and within 14 days of the publication in the Gazette of notification of every amendment thereof, notify the authority charged in law with the registration of dealings relating to the land of such approval or, as the case may be, amendment. (sec.16-ssec.6) In selecting a purpose for an approved scheme or for any amendment of an approved scheme the Council shall have a preference for a purpose which, in its opinion, is as nearly similar to the purpose or purposes for which the property concerned is, for the time being, held by the Association as is consistent with useful and convenient achievement. (sec.16-ssec.6A) However, an approved scheme or an approved amendment to an approved scheme shall not be invalidated or otherwise prejudiced by reason of the fact that another purpose may have more properly been selected by the Council in accordance with subsection (6) . (sec.16-ssec.7) Upon its publication in the Gazette judicial notice shall be taken of an approved scheme and of any amendment thereof. (sec.16-ssec.8) The powers conferred by this section are in addition to any other powers or rights exercisable in law in respect of property held by the Association upon trust. - (a) such purpose or all or any of such purposes has or have been effected; or - (b) such purpose or all or any of such purposes has or have ceased to exist; or - (c) such purpose or all or any of such purposes has or have been adequately provided for by other means; or - (d) such purpose is or all or any of such purposes are uncertain or cannot be identified or is or are not sufficiently defined; or - (e) it becomes impossible or impracticable or inexpedient to carry out the purpose or all or any of such purposes; or - (f) the property or income derived therefrom proves inadequate or more than sufficient to carry out such purpose or all or any of such purposes; - (a) approve the scheme; or - (b) approve the scheme with such modifications as the Minister thinks fit; or - (c) refuse to approve the scheme. - (a) approve the amendment; or - (b) approve the amendment with such modifications as the Minister thinks fit; or - (c) refuse to approve the amendment.