Maharashtra  Public  Trusts  Act

[1950 :  XXIX

GOVERNMENT OF MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

ACT  No.  XXIX  OF  1950

THE  MAHARASHTRA  PUBLIC  TRUSTS  ACT

(  As  modified  upto  the  19th  December  2018  )



PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS, MUMBAI AND
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY
AND PUBLICATIONS, MAHARASHTRA STATE, MUMBAI 400 004.

2018

[Price : Rs. 98.00]

1950 : XXIX]

Maharashtra  Public  Trusts  Act

THE  MAHARASHTRA  PUBLIC  TRUSTS  ACT

PREAMBLE.
SECTIONS.

1.
2.
2A.

3.
3A.
4.

CONTENTS

CHAPTER  I.

PRELIMINARY.

Short  title,  extent,  operation  and  application.
Definitions.
[Deleted].

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. .

. .
. .

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. .
. .

CHAPTER  II.

ESTABLISHMENT.

. .
Charity  Commissioner.
Joint  Charity  Commissioners.
. .
Qualifications  for  appointment  of  Charity  Commissioner  and
Joint  Charity Commissioner.
. .
. .
Deputy  and  Assistant  Charity  Commissioners.
. .
Subordinate  officers.

5.
6.
6A. Charity Commissioner and other officers to be servants of State

. .
. .
. .

. .
. .

. .
. .

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Government.

6B. Cost  of  pay,  pension,  etc.  of  Charity  Commissioner,  etc.,  to  be
paid  to  Government  out  of  the  Public  Trusts  Administration
Fund.
[Deleted].
Delegations.

7.
8.

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. .

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. .

CHARITABLE PURPOSES AND VALIDITY OF CERTAIN PUBLIC TRUSTS.

CHAPTER  III.

9.
10.
11.

12.
13.

. .

. .

Charitable  purposes.
Public trust not be void on ground of uncertainty.
Public trust not void on ground that it is void for non-charitable
or non-religious purpose.
Public trust not void on ground of absence of obligation.
Public  trust not  void  on  failure of  specific  object  or society,  etc.
ceasing to  exist.

. .
. .

. .

CHAPTER  IV.

REGISTRATION OF PUBLIC TRUSTS.

14. Regions  and  sub-regions.
15.
Public  Trusts  Registration  Offices.
15A. Power  to  set  up  offices  in  district.
16. Deputy  or  Assistant  Charity  Commissioner  to  be  in  charge  of

. .
. .
. .

. .
. .
. .

. .

Public Trusts  Registration  Office.

17. Books,  indices  and  registers.
18. Registration  of  public  trusts.
Inquiry  for  registration.
19.
20.
Findings  of  Deputy  or  Assistant  Charity  Commissioners.
21. Entries  in  register.

. .
. .
. .

. .
. .
. .

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. .
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. .

H 800—1

(ii)

Maharashtra  Public  Trusts  Act

[1950 :  XXIX

SECTIONS.

CHAPTER  IV—contd.

22. Change.
22A. Further inquiry by Deputy or Assistant Charity Commissioner.
22B. Registration of trust property in the name of public trust, which

. .

. .

. .

has already  been  registered,  etc.

23.

22C. Registration  of  particulars  of  immovable  property  of  trusts
already registered  with  certain  officers  and  authorities.
Procedure  where  trust  property  is  situate  in  several  regions  or
sub–regions.
Stay of inquiry.
. .
Inquiry  regarding public  trust  not  to be  held  by  more than  one
Deputy or  Assistant  Charity  Commissioner.

24.
25.

. .

. .

26. Entries in register to be made  or amended in certain cases.
27.
28.

[Repealed].
Public  trust  previously  registered  under  enactments  specified
in  Schedule.

[Deleted].
Public  trust  created  by  will.

28A. Copy  of entries  ralating  to property  to  be  sent to  sub-registrar.
28B.
29.
30. Notice of particulars of immovable property entered in register.
31. Bar to  hear or  decide suits.

. .

. .

. .

. .

. .

. .

CHAPTER  V.

BUDGET, ACCOUNTS AND AUDIT.

31A. Trustees  of  certain  trusts  to  submit  budget  to  Charity

Commissioner.

32. Maintenance  of  accounts.
33. Balancing and auditing of accounts.
34. Auditor’s  duty  to  prepare  balance  sheet  and  to  report

. .
. .

. .
. .

. .

irregularities,  etc.

CHAPTER  V-A.

POWERS AND DUTIES OF, AND RESTRICTION ON, TRUSTEES.

Investment  of  public  trust  money.

35.
36. Alienation  of  immovable  property  of  public  trust.
36A. Powers  and  duties  of,  and  restrictions  on  trustees.
36B. Register  of  moveable  and  immoveable  properties.

. .

CHAPTER  VI.

CONTROL.

Power  of  inspection  and  supervision.

37.
38. Explanation  on  report  of  auditor  or  on  complaint.
39. Report  to  Charity  Commissioner.
40.

. .

. .

Power  of  Charity  Commissioner  to  issue  orders  on  report
received  under section  39  or  to  remand  matter,  etc.

41. Order  of  surcharge.
41A. Power  of  Commissioner  to  issue  directions  for  proper

administration  of  the  trust.

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. .
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1950 : XXIX]

Maharashtra  Public  Trusts  Act

(iii)

SECTIONS.

CHAPTER VI—contd.

41AA.Power  of  Charity  Commissioner  and  State  Government  to

issue  directions  in  respect  of  hospitals,  etc.  to  earmark  certain

beds,  etc.  for  poorer  patients  to  be  treated  free  of  charge  or  at

concessional  rates.

41B. Power to institute inquiries.

. .

. .

. .

41C. Persons (other than public trust) collecting money, subscription

or  donation,  etc.

4ID. Suspension, removal and dismissal of trustees. . .

41E. Power to act for protection of charities.

41F. Attachment of property in certain cases

. .

. .

CHAPTER VII.

O THER FUNCTIONS AND POWERS OF CHARITY COMMISSIONER.

42. Charity Commissioner to be corporation sole.

. .

. .

. .

. .

. .

43. Maharashtra  Charity  Commissioner  to  be  Treasurer  of

Charitable Endowments under Act 6 of 1890.

44.

45.

46.

47.

[Deleted by Mah. 20 of 1971, s. 31.]

. .

. .

Power of Charity Commissioner to appoint, suspend, remove or

discharge trustees and to vest property in new trustees.

47AA.

47A.

47B.

[Deleted by Mah. 20 of 1971, s. 33.]

. .

48.

49

50

Suit by or against or relating to public trusts or others.

. .

. .

50A. Power of Charity Commissioner to frame, amalgamate or modify

schemes.

51. Consent of Charity Commissioner for institution of suit.

. .

52. Non-application of sections 92 and 93 of Civil Procedure Code to

public trusts.

52A. Suit against assignee for valuable  consideration not barred by

time.

53. Bequest under will for benefit of public trust.

54. Dharmada.

55. Cypres.

. .

. .

56. Court’s power to hear application.. .

56A. Power of trustee to apply for directions.
H 800—1a

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(iv)

Maharashtra  Public  Trusts  Act

[1950 :  XXIX

SECTIONS.

56B. Proceedings  involving  question  affecting  public  charitable  or

CHAPTER VII—contd.

religious purpose.

CHAPTER VII-A.

SPECIAL PROVISION AS RESPECTS RELIGIOUS AND CHARITABLE INSTITUTIONS

AND ENDOWMENTS WHICH VEST IN, OR THE MANAGEMENT OF

WHICH VEST IN, THE STATE GOVERNMENT.

56C. Provisions of Chapter VII-A to apply to certain endowments.

56D. Vesting or transfer of management, of certain endowments.

56E. Committees  of  management.

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.

P UBLIC TRUSTS ADMINISTRATION FUND.

57.

Public  Trusts  Administration  Fund.

. .

. .

58. Contribution  by  public  trusts  to  Public  Trusts  Administration

Fund.

59.

Penalties  as  recovery  of  contribution.

. .

60. Application  of  Public  Trusts  Administration  Fund.

. .

. .

61.

State Government to direct crediting of funds constituted under

any  Act

in  Schedule  to  Public  Trusts  Administration  Fund

constituted  under

this  Chapter.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1950 : XXIX]

Maharashtra  Public  Trusts  Act

(v)

SECTIONS.

[CHAPTER IX—ASSESSORS].

[Deleted]

CHAPTER X.

O FFENCES AND PENALTIES.

Penalty.

66.
66A. Punishment  for  contravention  of  provisions  of  section  36.
66B. Punishment for contravention of provisions of section 41AA.
66C. Punishment for contravention of section 41C.
67. Other offences.
67A. Compounding of offence.

CHAPTER XI.

FUNCTIONS OF CHARITY COMMISSIONER, PROCEDURE, JURISDICTION AND
APPEALS.

68. Duties,  functions  and  powers  of  Deputy  or  Assistant  Charity

Commissioner.

69. Duties,  functions  and  powers  of  Charity  Commissioner.
70. Appeals  from  findings  of  Deputy  or  Assistant  Charity

. .

Commissioner.

70A. Charity  Commissioner  to  call  for  and  examine  record  and
proceedings  before  Deputy  or  Assistant  Charity  Commissioner.

71. Appeal  to  Divisional  Commissioner.
72. Application from Charity Commissioner’s decision under section

Inquiries  to  be  judicial  inquiries.

40, 41, 41C and 43(2)(a) and (c),  50A, 70 or 70A, etc.
73.
  Officers  holding  inquiries  to  have  powers  of  civil  court.
73A. Power of Inquiry Officer to join persons as party to proceedings.
74.
74A. Charity Commissioner,  Joint Charity  Commissioner, Deputy  or
Assistant  Charity Commissioner,  etc.,  to  be  civil  court  within
sections 345 and 346 of Criminal Procedure Code, 1973.
Limitation.

75.

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ISCELLANEOUS.

M

78. Charity Commissioner and other officers to be public servants.
79. Decision  of  property  as  public  trust  property.
79AA.Power  to  finalise reconstructed  record.
79A. Recovery  of  costs  and  expenses  incurred  on  legal  proceedings

. .
. .

. .

by  Charity Commissioner,  etc.

79B. Costs  of  proceedings  before  Courts  including High  Court. . .
. .
79C. Costs  of  proceedings  before  Charity  Commissioner, etc.
79CC.Compensatory  costs  for  frivolous  or  vexatious  proceedings

before  Charity  Commissioner,  etc.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(vi)

Maharashtra  Public  Trusts  Act

[1950 :  XXIX

SECTIONS.

CHAPTER XII—contd.

79D. Court-fee to be paid as prescribed by Schedule B.
. .
80. Bar  of  jurisdiction.
. .
81.
82.
. .
83.

Indemnity  from  suits  and  proceedings.
Trial  of  offences  under  this  Act.. .
Previous  sanction  of  Charity  Commissioner  necessary  for
prosecution.

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. .
. .

. .

84. Rules.
85. Repeal.
86.

. .
. .
Further  repeals  and  savings  consquent  on  commencement  of
Bom. XXIX of 1950 in other areas of State.

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. .

87. Act not to apply to certain wakf to which Act XXIX of 1954 applies
or to Gurudwara governed by Hyderabad Act XXXVII of 1956.
Provision  for  removal  of  difficulties.

88.

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. .

SCHEDULE A.

SCHEDULE AA.

SCHEDULE B.

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1950 :  XXIX]

Maharashtra Public Trusts Act

 ACT No. XXIX OF 19501.

[THE MAHARASHTRA PUBLIC TRUSTS ACT ]

[ This Act received assent of the President on the 31st May 1950 ; assent
was first published in the Maharashtra Government Gazette, Part IV, on the
14th August 1950.]

Amended  by  Bom.47 of 1950.

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14 of 1951.

39 of 1951.

28 of 1953.

21 of 1954.

59 of 1954.

23 of 1955.

Adapted and modified by the Bombay Public Trusts (Corporations) Order,

1959.*

Amended by Bom. 6 of 1960.

Adapted  and  modified  by  the  Bombay  Charity  Commissioner  (Regional

Reorganisation)  Order,  1960.

Adapted and modified by the Maharashtra Adaptation of Laws (State and

Concurrent  Subjects)  Order,1960.

Adapted and modified by the Treasurer of Charitable Endowments, Bombay

(Reconstitution)  Order,  1962.†

Amended by Mah. 29 of 1962.

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6 of 1964.

39 of 1965.
22 of 1967

20 of 1971.

40 of 1973 (1-11-1973).**

32 of 1975 (1-2-1977).**

1 For  Statement  of  Objects  and  Reasons, see  Bombay  Government  Gazette, 1949,  Part  V,

pages 235-39.

* This  order  was  published  in Gazette of  Government  of  India,  Ministry  of  Home  Affairs,
Notification No. F. 8/15/57-SR(R)-5, dated 21st March 1959. It came into force on 1st April
1959.

† This order was published in Gazette of Government of India, Ministry of Home Affairs, Order

No. 8/12/61 SR(R), dated 30th January 1962. It came into force on 1st March 1962.

 Section 11 of Mah. 22 of 1967 reads as under:—

“11. The provisions of the principal Act as amended by this Act (other than section 3 thereof)
shall not apply to, or affect, any proceedings referred to in section 64 of the principal Act in which
the Charity Commissioner or the Deputy or Assistant Charity Commissioner, as the case may be,
has summons the Assessors to aid and assist him and has begun the inquiry prior to the date of
the commencement  of this Act, and  such proceeding is pending  on that date, and  every such
proceeding shall be continued and disposed of as if this Act has not been passed; but save as
aforesaid, the principal Act and the amendment made thereto by this Act (other than section 3
thereof) shall apply to all proceedings referred to in the said section 64 instituted on or after the
date of commencement of this Act.”.
** This indicates the date of commencement of Act.

Saving.

2

Maharashtra  Public  Trusts  Act

[1950 : XXIX

Amended by Mah. 35 of 1977†‡(l-4-1997).*.

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10 of 1978.
43 of 1981§ (1-8-1981).*
29 of 1983@ (17-5-1983).*
8 of 1985 (1-8-1986).*
39 of 1997 (6-8-1997).*
49 of 2005** (16-9-2005).*
20 of  2009# (18-5-2009).*
24 of  2012 (22-8-2012).*
9 of  2016 $(23-2-2016).*
55 of  2017@@ (10-10-2017).$$
4 of  2018 §§(10-10-2017).*
36 of  2018 (21-5-2018).##

Validation of
contribution
levied or not
levied during
certain periods
from 1st April
1970 till 31st
March 1977.

Saving.

Removal of
doubts.

An Act to regulate and to make better provision for the administration
of public religious and charitable trusts in the State of Bombay.

WHEREAS it is expedient to regulate and to make better provision for the
administration of public religious and charitable trusts in the State of Bombay ;
It is hereby enacted as follows :—
† Maharashtra Ordinance No. IV of 1977 was repealed by Mah. 35 of 1977, s. 9.
‡ Sections 3 and 8 of Mah. 35 of 1977 read as follows :—

“3. (1) Notwithstanding anything contained in any judgement, decree or order of any Court,
any contribution to the Public Trusts Administration Fund levied and collected from the public
trusts for the period from the 15th December 1973 to the 14th December 1975 (both inclusive) at
the rate of five per cent. of the gross annual income or the gross annual collection or receipt, as
the case may be, shall be deemed to have been validly levied and collected under rule 22, read
with Schedule IX-C of the Bombay Public Trusts Rules, 1951 as re-enacted by the last preceeding
section  of  this  Act.  Any  action  taken  or  anything  done  for  levying,  demanding  or  collecting
contribution from any Public Trust for the said period at the said rate shall be deemed to be, and
shall be deemed always to have been, validly taken or done and shall not be called in question in
any Court or before any authority, merely on the ground that there was no valid rule or Sched-
ule made or in force or that the amendments thereto were not validly made or were not in force
or that the amendments did not fit in the rule or Schedule or did not form part of the rule or
Schedule or on such other ground.

(2)  Notwithstanding anything contained in section 58 of the Bombay Public Trusts Act, 1950
or the rules made or deemed to be re-enacted thereunder, no contribution to the Public Trusts
Administration  Fund  shall  be  payable  by  any  public  trust  on  the  basis  of  amounts  received,
collected or earned by the public trust during the periods from the 1st April 1970 to the 14th
December 1973 (both inclusive) and from the 15th December 1975 to the 31st March 1977 (both
inclusive).

(3)  Notwithstanding anything contained in sub-sections (1) and (2), the contribution to the
Public Trusts Administration Fund, if any, paid from time to time by any public trust for any
part  or  parts  of  the  period  from  the  1st  April  1970  to  the  31st  March  1977,  in  excess  of  the
amount due and payable by such trust, shall be adjusted towards the contribution due and pay-
able by that trust—

(a)   for the period or periods upto and inclusive of the 31st March 1970 ;
(b)  for the part or parts of the period from the 1st April 1970 upto and inclusive of the

1st March 1977 ; or

(c)   for the period from the 1st April 1977 upto and inclusive of the 31st March 1978 as the

case may require.

After making such adjustment, if any, amount is found to have been paid in excess the

same shall be refunded to the public trust.

8. Nothing in this Act shall render any person liable to be prosecuted for or convicted of any
offence in respect of anything done or omitted to be done by him before the 1st April 1977 if such
act or omission was not an offence under the principal Act or the rules made thereunder but for
the amendments and other provisions made by this Act.”.
* This indicates the date of commencement of Act.
§ Maharashtra Ordinance No. X of 1981 was repealed by Mah. 43 of 1981, s. 4.
@ Maharashtra Ordinance No. IX of 1983 was repealed by Mah. 29 of 1983, s. 5.
** Maharashtra Ordinance No. VI of 2005 was repealed by Mah. 49 of 2005, s. 5.
# Maharashtra Ordinance No. VIII of 2009 was repealed by Mah. 20 of 2009, s.5.
$ Maharashtra Ordinance No. IV of 2016 was repealed by Mah. 9 of 2016, s.4.
$$ Vide G. N. L. & J. D. No. BPT 1116/C.R.95/Desk XV, dated 10.10.2017.
@@ Section 33 of Mah. 55 of 2017 reads as under:—

“33. For the removal of doubts, it is hererby declared that nothing in the Maharashtra Public
Trust  Act, as  amended  by  the Maharashtra  Public Trusts  (Second Amendment)  Act,  2017
(hereinafter refered to as “the said Amendment Act of 2017 ”), shall affect the applications
or  appeals  pending  before  any  Civil  Court  on  the  date  of  commencement  of  the  said
Amendment Act of 2017; and such applications or appeals shall be dealt with and disposed of
by such Court in accordance with the law as its stood prior to the date of commencement of
the said Amendment Act of 2017.”.

§§ Maharashtra Ordinance No. XXII of 2017 was repealed by Mah. 4 of 2018, s.3.
## Vide G. N. L. & J. D. No. BPT 1116/C.R.57/Desk XV, dated 19.05.2018.

Bom.
XXIX  of
1950.

XXIX of
1950.
Mah. LV
of 2017.

1950 :  XXIX]

Maharashtra Public Trusts Act

3

Short title,
extent
operation and
application.

CHAPTER  I.
PRELIMINARY.

(1) This Act may be called the 1[ Maharashtra Public Trusts Act.]

1.
2[(2) It shall extend to the whole of the 3[State of Maharashtra].
(3)  This  Act  shall  come  into  force  at  once  ;  but  the  provisions  thereof
shall apply to a public trust or any class of public trusts on the dates speci-
fied  in  the  notification  under  sub-section (4).

(4) The  State  Government  may,  by  notification  in  the Official  Gazette,
specify the date on which the provisions of this Act shall apply to any public
trust or any 4[class of public trusts ; and different dates may be specified for
such trusts in different areas] :

Provided  that  the  State  Government  may  also  by  a  like  notification  di-
rect  that  from  the  date  specified  therein  any  public  trust  or  class  of  public
trusts shall be exempt 5[from all or any of the provisions of this Act, subject
to such conditions  as may be specified  in the notification]:

Provided  further  that  before  a  notification  of  such  application  or  ex-
emption  is  published  a  draft  thereof  shall  be  published  in  the Official  Ga-
zette and  in  such  other  manner  as  may  be  prescribed  for  the  information  of
persons  likely  to  be  affected  thereby  together  with  a  notice  specifying  the
date  on  or  before  which  any  objections  or  suggestions  shall  be  received  and
the date on or after which the draft shall be taken into consideration.

2.
context,—

In  this  Act  unless  there  is  anything  repugnant  in  the  subject  or

Definitions.

6 *

*

*

*

(2)    “Assistant  Charity  Commissioner”  means  an  Assistant  Charity

Commissioner appointed under section 5 ;

7[(2A) “beneficiary” means any person entitled to any of the benefit as per
the objects of the trust explained in the trust deed or the scheme made as per
this Act and constitution of the trust and no other person;].

(3)    “Charity Commissioner” means the Charity Commissioner appointed

under section 3 ;

8[(4)    “Court” means the High Court of Judicature at Bombay;];

(5)    “Deputy Charity Commissioner” means the Deputy Charity Commis-

sioner appointed under section 5 ;

9[(5A) “Director of Accounts” and “Assistant Director of Accounts” means
respectively the Director of Accounts and Assistant Director of Accounts ap-
pointed under section 6 of this Act;]

(6)    “ Hindu ” includes Jain, Buddhist and Sikh ;

(7)    “ Inspector ” means an Inspector appointed under section 6 ;

1 This short title was amended for the short title “Bombay Public Trusts Act, 1950” by Mah. 24

of 2012, Schedule, entry 43, w.e.f. 1-5-1960.

2 This sub-section was substituted for the original by Bom. 6 of 1960, s. 3(a).
3 These  words  were  substituted  for  the  words  “  State  of  Bombay  ”  by  the  Maharashtra

Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

4 These words were substituted for the words “ class of public trusts ” by Bom. 6 of 1960, s. 3(b).
5 These words were substituted for the words “ from the provisions of this Act ” by Mah. 20 of

1971, s. 2.

6 Clause (1) was deleted by Mah. 22 of 1967, s. 2.
7 Clause (2A) was inserted by Mah. 55 of 2017, s. 2(a).
8 Clause (4) was substituted by Mah. 55 of 2017, s. 2(b).
9 Clause (5A) was inserted by Mah. 20 of 1971, s. 3(1).

H 800—2

4

Maharashtra  Public  Trusts  Act

[1950 : XXIX

1[(7A) “ instrument of trust ” means the instrument by which the trust is
created by the author of the trust 2[ and includes any scheme framed by a compe-
tent  authority  or  any  memorandum  of  association  and  rules  and
regulations of a society registered under the Societies Registration Act, 1860, in
its application to the State of Maharashtra ;

XXI of
1860.

(7B) “Joint Charity Commissioner” means a Joint Charity Commissioner

appointed under section 3A.]

(8) “ manager ” means any person (other than a trustee) who for the time
being either alone or in association with some other person or persons administers
the trust property of any public trust and includes—

(a)   in the case of a math, the head of such math,

(b)   in the case of a wakf, a mutawalli of such wakf,

(c)   in the case of a society registered under the Societies Registration
Act, 1860, its governing body, 3[whether or not the property of the society is
vested in a trustee] ;

XXI of
1860.

(9) “ math ’’ means an institution for the promotion of the Hindu religion
presided over by a person whose duty it is to engage himself in imparting religious
instruction or rendering spiritual service to a body of disciples or who exercises
or claims to exercise headship over such a body and includes places of religious
worship or instruction which are appurtenant to the institution ;

(10) “ person having interest ” 4[includes]—

(a)  in the case of a temple, person who is entitled to attend at or is in the
habit of attending the performance of worship or service in the temple, or who
is entitled to partake or is in that habit of partaking in the distribution of gifts
thereof,

(b)  in the case of a math, a disciple of the math or a person of the religious

persuasion to  which the  math belongs,

(c) in the case of a wakf, a person who is entitled to receive any pecuniary
or other benefit from the wakf and includes a person who has right to worship
or to perform any religious rite in a mosque, idgah, imambara, dargah, maqbara
or other religious institution connected with the wakf or to participate in any
religious  or  charitable  institution  under  the  wakf,

(d)   in the case of a society registerd under the Societies Registration

Act, 1860, any member of such society, and

XXI of
1860.

(e)    in the case of any other public trust, 5[any trustee or beneficiary],

(11)  “ prescribed ” means prescribed by rules ;

(12)  “ public securities ” means—

(a) securities of the Central Government or any State Governments,

(b) stocks,  debentures  or  shares  in  Railway  or  other  companies,  the
interest  or dividend  on  which has  been  guaranteed by  the  Central or  any
State  Government,

1 These clauses were inserted by Bom. 6 of 1960, s. 4.
2 These words were substituted for the words “ and includes a scheme framed by a competent

authority ” by Mah. 20 of 1971, s. 3(2).

3 These words were substituted for the words “ if the property of the society is not vested in a

trustee” by Mah. 20 of 1971, s. 3(3).

4 This word was substituted for the word “ means ” by Bom. 28 of 1953, s. 2.
5 These words were substituted for the words “ any beneficiary ” by Mah. 20 of 1971, s. 3(4).

1950 :  XXIX]

Maharashtra Public Trusts Act

5

(c) debentures or other securities for money issued by or on behalf of
any  local  authority  in  exercise  of  the  powers  conferred  by  an  Act  of  the
Central  or  State  Legislature,

(d) a  security  expressly  authorised  by  an  order  which  the  State

Government makes in this behalf ;

(13)   “ public trust ” means an express or constructive trust for either a
public religious or charitable purpose or both and includes a temple, a math, a
wakf, 1[church, synagogue, agiary or other place of public religious worship]
2[a dharmada] or any other religious or charitable endowment and a society
formed either for a religious or charitable purpose or for both and registered
under the Societies Registration Act, 1860 ;

(14)   “ region ” or “ sub-region ” means the areas designated as such and for
which a Public Trusts Registration Office has been established under this Act ;

(15)   “ rules ” means rules made under this Act ;

XXI of
1860.

*

*

*

3 *
(17) “ Temple ” means a place by whatever designation known and used as
a place of public religious worship and dedicated to or for the benefit of or used
as of right by the Hindu community or any section thereof as a place of public
religious worship ;

*

*

*

(18)   “trustee” means a person in whom either alone or in association with

other persons, the trust property is vested and includes a manager ;

(19)   “ wakf ” means a permanent dedication by a person professing Islam
of  any  moveable  or  immoveable  property  for  any  purpose  recognised  by  the
4[Muslim law] as pious, religious or charitable and includes a wakf by user 5[and
grants (including mashrut-ul-khidmat) for any purpose recognised by the Muslim
law as pious, religious or charitable and a wakf-alal-aulad to the extent to which
the property is dedicated for any purpose so recognised ;] but does not include a
wakf such as is described in section 3 of the Mussalman Wakf Validating Act,
1913, under which any benefit is for the time being claimable for himself by the
person  by  whom  the  wakf  was  created  or  by  any  member  of  his  family  or
descendants ;

VI of
1913.

(20)   words and expressions used but not defined in this Act and defined in
the  Indian  Trusts  Act,  1882,  shall  have  the  meanings  assigned  to  them  in
that Act.

II of
1882.

2A. [Construction of certain references in the Act in their application to that

part of Mysore to which the Act extends]. Deleted by Bom. 6 of 1960, s. 5.

1 These words were deemed always to have been inserted by Mah. 20 of 1971, s. 3(5).

2 These words were inserted by Bom. 14 of 1951, s. 2.

3 Clause (16) was deleted by Bom. 39 of 1951, s. 2, First Schedule.

4 These words were substituted for the words “ Islamic law ” by Mah. 20 of 1971, s.3(6)(a).

5 These words and brackets were inserted by Mah. 20 of 1971, s. 3 (6)(b).
H 800—2a

6

Maharashtra  Public  Trusts  Act

[1950 : XXIX

CHAPTER  II.

ESTABLISHMENT.

Charity
Commis-
sioner.

3. 1[The State Government] may, by notification in the Official Gazette,
appoint an Officer to be called the Charity Commissioner, who shall exercise
such powers and shall perform such duties and functions as are conferred by or
under the provisions of this Act and shall, subject to such general or special
orders as the State Government may pass, superintend the administration and
carry out the provisions of this Act 2[throughout the State].

3 *

*

*

*

*

*

*

Joint Charity
Commis-
sioners.

4[3A. 5[(1)] The State Government may, by notification in the Official Gazette,
appoint one or more officers to be called Joint Charity Commissioners, who shall
subject to the control of the Charity Commissioner and such general or special
orders as the State Government may pass, exercise all or any of the powers and
perform all or any of the duties and functions, of the Charity Commissioner.]

Qualifica-
tions for
appointment
of Charity
Commis-
sioner 9[and
Joint Charity
Commis-
sioner].

6[(2) The State Government may, by general or special order, declare a Joint
Charity Commissioner to be the regional head to superintend, subject to the
control of the Charity Commissioner, the administration in one or more regions
or sub-regions, as may be specified in such order.]

7 [4. 8[A person to be appointed as the Charity Commissioner or a Joint

Charity  Commissioner  shall  be  one—]

(a) who  is  holding  or  has  held  a  judicial  office  not  lower  in  rank
than  that  of  a  District  Judge  or  a  Judge  of  the  Bombay  City  Civil
Court,  or  the  Chief  Judge  of  the  Presidency  Small  Cause  Court: 10*
11 [Provided that a person to be appointed as a Joint Charity Commissioner
may  be  one  who  is  holding  or  has  held  a  judicial  office  not  lower  in  rank
than that of an Assistant Judge or an Additional Chief Judge of the Court of
Small  Causes,  Bombay 12[or  who  has  held  the  office  of  a  Deputy  Charity
Commissioner for not less than five years ;] or]

(b) who has been for not less than ten years—

(i) an advocate enrolled under the Indian Bar Councils Act, 1926, 13[or

the Advocates Act, 1961,]

XXXVIII
of  1926.
25  of
1961.

1 These words were substituted for the words “ Each of the State Government of Bombay and Mysore”

by Mah. 6 of 1960, s. 6(a).

2 These  words  were  substituted  for  the  words  “  throughout  that  part  of  the  State  to  which  the  Act

extents ”  by Mah. 6 of 1960, s. 6(b).

3 The  proviso  was  omitted  by  the  Maharashtra  Adaptation  of  Laws  (State  and  Concurrent  Subjects)

Order,  1960.

4 This section was inserted by Bom. 6 of 1960, s. 7.

5 Section 3A was renumbered as sub-section (1) of the said section 3A by Mah. 29 of 1983, s.2(1).

6 Sub-section (2) was inserted by Mah. 29 of 1983, s. 2(2).

7 This section was substituted for the original by Bom. 14 of 1951, s. 3.

8 These words were substituted for the words “ The Charity Commissioner shall be a person” by Bom. 6 of

1960, s. 8(a).

9 These words were added by Mah. 6 of 1960, s. 8(b).

10 The word “ or ” was deleted by Mah. 32 of 1975, s. 2(a).

11 This proviso was added by Mah. 32 of 1975, s. 2(b).

12 These words were inserted by Mah. 10 of 1978, s. 2.

13 These words and figures were inserted by Mah. 20 of 1971, s. 4.

1950 :  XXIX]

Maharashtra Public Trusts Act

7

Bom.
XVII of
1920.

XXXVIII
of 1926.
25 of
1961.

Bom.
XVII of
1920.

XXXVIII
of 1926.
25 of
1961.

Bom.
XVII
1920.

(ii) an attorney of a High Court, or

(iii) a pleader enrolled under the Bombay Pleaders Act, 1920.]

5.

(1) The State Government may also appoint such number of Deputy
and  Assistant  Charity  Commissioner 1[in the  office  of  the  Charity  Commis-
sioner  or]  for  such  regions  or  sub-regions  or  for  such  public  trust  or  such
class of public trusts as may be deemed necessary.

Deputy and
Assistant
Charity
Commis-
sioners.

2[(2) A person to be appointed as a Deputy Charity Commissioner shall

be  one—

(a) who is holding or has held a judicial office not lower in rank than
that of a Civil Judge (Senior Division) or Judge of the Court of Small Causes
of Bombay or any office which in the opinion of the State Government is an
equivalent  office,  or,

(b) who has been for not less than eight years,—

(i) an  advocate  enrolled  under  the  Indian  Bar  Councils  Act,  1926,

3[or the Advocates Act, 1961,]

(ii) an attorney of a High Court, or

(iii) a pleader enrolled under the  Bombay Pleaders Act, 1920, 4[or]

5[(c) who has held the office of an Assistant Charity Commissioner for

not less than five years.]

(2A)  A person  to  be  appointed  as  an  Assistant  Charity  Commissioner

shall be a person—

(a) who is holding or has held a judicial office not lower in rank than

that of a Civil Judge (Junior Division) 6[for not less than one year, or]

(b) who has been for 7[not less than four years]—

(i) an  advocate  enrolled  under  the  Indian  Bar  Councils  Act,  1926,

8[or the Advocates Act, 1961].

(ii) an attorney of a High Court, or
(iii) a pleader enrolled under the Bombay Pleaders Act, 9[1920,  or]

10[(c) who holds a degree in law of any University established by law or any
other University recognised by the State Government in this behalf and has
worked in the Charity Organisation for not less than 5 years after obtaining
such degree on a post not lower in rank than Senior Clerk or Steno-typist and
has passed the competitive departmental examination to be conducted as per the
rules prescribed by the Charity Commissioner.]

(3) The Deputy and Assistant Charity Commissioner shall exercise such
powers and perform such duties and functions as may be provided by or under
the  provisions  of  this  Act.

1 These words were inserted by Mah. 20 of 1971, s. 5(i).
2 These sub-sections were substituted by Bom. 6 of 1960, s. 9.
3 These words  and figures  were added  by Mah.  20 of  1971 s. 5(2)(a)(i).
4 This word was added by Mah. 20 of 1971, s. 5(2)(a)(ii).
5 This clause was added by Mah. 20 of 1971, s. 5(2)(b).
6 These  words  were  substituted  for  the  portion  beginning  with  the  words  “  or  any  office”  and  ending

with the words “ not less than four years, or ” by Mah. 29 of 1983, s. 3(1).

7 These words were substituted for the words “ not less than seven years” by Mah. 29 of 1983, s. 3(2).
8 These words and figures were inserted by Mah. 20 of 1971, s. 5(3).
9 These figures and word were substituted for the figures “ 1920 ” by Mah. 22 of 1967, s. 3.
10 Clause (c) was substituted by Mah. 55 of 2017, s. 3.

8

Subordinate
officers.

Maharashtra  Public  Trusts  Act

[1950 : XXIX

6.

1[For the purpose of carrying out the provisions of this Act, the State
Government may appoint the Director of Accounts and Assistant Directors of
Accounts  possessing  the  prescribed  qualifications,  Inspectors  and  other
subordinate officers] and assign to them such powers, duties and functions under
this Act, as may be deemed necessary:

2[Provided  that  the  State  Government  may,  by  general  or  special  order
and subject to such conditions as it deems fit to impose, delegate to the Charity
Commissioner, 3[the  Joint  Charity  Commissioner]  and  the  Deputy  and
Assistant  Charity Commissioner  powers to  appoint  subordinate officers  and
servants as may be specified in the order.]

Charity
Commis-
sioner and
other officers
to be servants
of State
Government.

4[6A.

5[The Charity Commissioner, 6[the Joint Charity Commissioner,]
the Deputy and Assistant Charity Commissioner,] 6[the Director of Accounts,
the  Assistant  Directors  of  Accounts,]  the  Inspectors  and  other  subordinate
officers  and  servants  appointed  under  this  Act  shall  be  the  servants  of  the
State  Government  and  they  shall  draw  their  pay  and  allowances  from  the
Consolidated Fund of the State. The conditions of sevice of such officers shall
be such as may be determined by the State Government.

Cost of  pay,
pension, etc.
of Charity
Commis-
sioner, etc., to
be paid to
Government
out of the
Public Trusts
Administra-
tion Fund.

Delegations.

6B. There  shall  be  paid  every  year  out  of  the  Public  Trusts
Administration  Fund  to  the  State  Government  such  cost  as  the  State
Government may determine on account of the pay, pension, leave and other
allowances of the Charity Commissioner, 6[the Joint Charity Commissioner,]
the Deputy and Assistant Charity Commissioners, 6[the Director of Accounts,
the Assistant Directors and Accounts,] the Inspectors and other subordinate
officers  and  servants  appointed  under  the  Act.]

7.

[Assessors.] Deleted by Mah. 12 of 1967, s. 4.

8.

(1) The  State  Government  may  delegate  any  of  its  own  powers  or
functions  under  this  Act  to  the  Charity  Commissioner  or  any  other  officer
subject to such conditions as it thinks fit.

(2) The  State  Government  may  also  direct  that  any  powers  exercisable
and  duties  or  functions  to  be  performed  by  any  particular  officer  appointed
under this Act may be performed by any other officer subject to such conditions
as it thinks fit.

CHAPTER III.
CHARITABLE PURPOSES AND VALIDITY OF CERTAIN PUBLIC TRUSTS.

Charitable
purposes.

9.

7[1] For the purposes of this Act, a charitable purpose includes —

(1) relief of poverty or distress.
(2) education.
8[(3)  medical  relief.

1 These words were substituted for the portion begining with the words “ To aid the Charity
Commissioner” and ending with the words “ such designation ” by Bom. 6 of 1960, s. 10(a).

2 This proviso was added by Bom. 47 of 1950, s. 2.
3 These words were inserted by Bom. 6 of 1960, s. 10(b).
4 Sections 6A and 6B were inserted by Bom. 47 of 1950, s. 3.
5 These words were substituted for the words “ The Charity Commissioner ” by the Bombay

Charity Commissioner (Regional Reorganisation) Order, 1960, Sch.

6 These words were inserted by Bom. 6 of 1960, s. 11.
7 Section 9 was re-numbered as sub-section (1) and sub-sections (2) and (3) were added by Mah.

20 of l971, s. 6.

8 Clauses (3) and (3A) were substituted for clause (3) by Mah. 20 of 1971, s. 6(1).

1950 :  XXIX]

Maharashtra Public Trusts Act

9

(3A) provisions or facilities for recreation or other leisure time occupation
(including assistance for such provision), if the facilities are provided in the
interest of social welfare and public benefit, and]

(4) the advancement of any other object of general public utility, but does

not include a purpose which relates—
*

1 *
*
(b)  exclusively  to  religious  teaching  or  worship.

*

*

*

*

2[(2) The requirement of this section that the facilities are provided in the

interest of social welfare shall not  be treated as satisfied, unless —

(a)  the facilities are provided with the object of improving the conditions
of life for the persons for whom the facilities are primarily intended ; and

(b) either—

(i) those persons have need of such facilities as aforesaid by reason of
their youth, age, infirmity or disablement, poverty or social and economic
circumstances,  or

(ii) facilities are to be available to the members of the public at large.
(3) Subject to the said requirement, sub-section (1) of this section applies
in particular to the provision of facilities at village halls, community centres
and  women  institutes,  and  to  the  provision  and  maintenance  of  grounds
and  buildings  to  be  used  for  purposes  of  recreation  and  leisure  time
occupation, and extends to the provision of facilities for those purposes by
the organizing of any such activity.]

10. Notwithstanding any law, custom or usage, a public trust shall not
be  void,  only  on  the  ground  that  the  persons  or  objects  for  the  benefit  of
whom  or  which  it  is  created  are  unascertained  or  unascertainable.

Public trust
not to be void
on ground of
uncertainty.

Explanation.—A  public  trust  created  for  such  objects  as  dharma,
dharmada or punyakarya, punyadan shall not be deemed, to be void, only on
the  ground  that  the  objects  for  which  it  is  created  are  unascertained  or  un-
ascertainable.

11. A public trust created for purposes some of which are charitable or
religious  and  some  are  not  shall  not  be  deemed  to  be  void  in  respect  to  the
charitable  or  religious  purpose,  only  on  the  ground  that  it  is  void  with
respect  to  the  non-charitable  or  non-religious  purpose.

12. Any  disposition  of  property  for  a  religous  or  charitable  purpose
shall not be deemed to be void as a public trust, only on the ground that no
obligation  is  annexed  with  such  disposition  requiring  the  person  in  whose
favour it is made to hold it for the benefit of a religious or charitable object.

13.

If any public trust is created for a specific object of a charitable or
religious nature or for the benefit of a society or institution constituted for chari-
table or religious purpose, such trust shall not be deemed to be void only on the
ground—

(a) that the performance of the specific object for which the trust was

created  has  become  impossible  or  impracticable,  or

(b) that the society or institution does not exist or has ceased to exist,
notwithstanding the fact that there was no intent for the appropriation of
the  trust  property  for  a  general  charitable  or  religious  purpose.

1 Sub-clause (a) of clause (4) was deleted by Mah. 20 of 1971, s. 6(2).
2 Section  9  was  re-numbered  as  sub-section  (1)  and  sub-sections  (2)  and  (3)  were  added  by  Mah.  20  of

l971, s. 6.

Public trust
not void on
ground that it
is void for non-
charitable or
non-religious
purpose.

Public trust
not void on
ground of
absence of
obligation.

Public trust
not void on
failure of
specific object
or society etc.,
ceasing to
exist.

10

Maharashtra  Public  Trusts  Act

[1950 : XXIX

CHAPTER  IV
REGISTRATION OF PUBLIC TRUSTS

Regions and
sub-regions.

14.

(1) For  the  purposes  of  this  Act,  the  State  Government  may  form
regions and sub-regions and may prescribe and alter limits of such regions and
sub-regions.

Public  Trusts
Registration
Offices.

Power to set
up offices in
district.

Deputy or
Assistant
Charity
Commis-
sioner to be
incharge of
Public Trusts
Registration
Office.

Books, indices
and registers.

(2) The regions and sub-regions formed under this section, together with
the limits thereof and every alteration of such limits shall be notified in the
Official  Gazette.

15.

In  every  region  or  sub-region  there  shall  be  a  Public  Trusts

Registration  Office  :

Provided that for two or more regions or sub-regions, there may be one

Public  Trusts  Registration  Office  :

Provided  further  that  for  one  region  or  sub-region  there  may  be  one  or

more  Joint  Public  Trusts  Registration  Offices.

1[15A. To  facilitate  the  administrative  work  of  the  regions  and  sub-
regions,  the  State  Government  may  set  up  offices  in  all  the  districts  under
any  region  or  sub-region.]

16. The  State  Government  may  appoint  a  Deputy  Charity
Commissioner  or  Assistant  Charity  Commissioner  to  be  in  charge  of  one  or
more  Public  Trusts  Registration  Offices  or  Joint  Public  Trusts  Registration
Offices.

17.

In  every  Public  Trusts  Registration  Office  or  Joint  Public  Trusts
Registration  Office,  it  shall  be  the  duty  of  the  Deputy  or  Assistant  Charity
Commissioner in charge to keep and maintain such books, indices and other
registers as may be prescribed. Such books, indices and other  registers shall
contain such particulars as may also be prescribed.

Registration
of public
trusts.

18.

(1) It shall be the duty of the trustee of a public trust to which this
Act has been applied to make an application for the registration of the public
trust.

(2) Such  application  shall  be  made  to  the  Deputy  or  Assistant  Charity
Commissioner  of  the  region  or  sub-region  within  the  limits  of  which  the
trustee has an office for the administration of the trust 2 [or the trust property
or substantial portion of the trust property is situated, as the case may be.]
(3) Such  application  shall  be  in  writing,  shall  be  in  such  form  and

accompanied by such fee as may be prescribed.

(4) Such  application  shall—

(a) in the case of a public trust created before this Act was applied to
it, be made, within three months from the date of the application of this Act,
and

(b) in the case of a public trust created after this Act comes into force,

within  three  months  of  its  creation.
(5) Such  application  shall

inter  alia contain  the  following

particulars  :—

3[(ai)  the  designation  by  which  the  public  trust  is  or  shall  be  known

(hereinafter referred  to as  the name  of the  public trust)],

1 Section 15A was inserted by Mah. 20 of 1971, s. 7.
2 These words were added by Bom. 14 of 1951, s. 5.
3 This clause was inserted by Bom. 23 of 1955, s. 2(1).

1950 :  XXIX]

Maharashtra Public Trusts Act

11

(i) the names and addresses of the trustees and the manager,
(ii) the mode of succession to the office of the trustee,
(iii) the  list  of  the  moveable  and  immovable  trust  property  and  such
descriptions  and  particulars  as  may  be  sufficient  for  the  identification
thereof,

(iv) the  approximate  value  of  moveable  and  immovable  property,
(v) the  gross  average  annual  income  of  the  trust  property  estimated
on  the  income  of  three  years  immediately  preceding  the  date  on  which
the  application  is  made  or  of  the  period  which  has  elapsed  since  the
creation  of  the  trust,  whichever  period  is  shorter,

(vi) the amount of the average annual expenditure in connection with
such  public  trust  estimated  on  the  expenditure  incurred  within  the
period  to  which  the  particulars  under  clause  (v)  relate,

(vii) the address to which any communication to the trustee or manager

in connection with the public trust may be sent,

(viii) such other particulars which may be prescribed :

Provided that the rules may provide that in the case of any or all public
trusts it shall not be necessary to give the particulars of the trust property of
such value and such kind as may be specified therein.

(6) Every  application  made  under  sub-section  (1)  shall  be  signed  and
verified  in  the  prescribed  manner  by  the  trustee  or  his  agent  specially
authorised  by  him  in  this  behalf.  It  shall  be  accompanied  by  a  copy  of  an
instrument of trust, if such instrument had been executed and is in existence.
1[(6A) Where  on  receipt  of  such  application,  it  is  noticed  that  the
application  is  incomplete  in  any  particulars,  or  does  not  disclose  full
particulars of the public trust, the Deputy or Assistant Charity Commissioner
may return the application to the trustee, and direct the trustee to complete
the  application  in  all  particulars  or  disclose  therein  the  full  particulars  of
the trust, and resubmit it within the period specified in such direction ; and
it shall be the duty of the trustee to comply with the direction.]

2 [(7) It shall also be the duty of the trustee of the public trust to send a
memorandum  in  the  prescribed  form  containing  the  particulars,  including
the  name  and  description  of  the  public  trust,  relating  to  the  immovable
property  of  such  public  trust, 3[to  the  sub-registrar  of  the  sub-district
appointed under the Indian Registration Act, 1908, in which such immovable
property is situate 4[for the  purpose of filing in  Book No. I under  section 89
of that Act.]]

Such  memorandum  shall  be  sent  within  three  months  from  the  date  of
creation of the public trust and shall be signed and verified in the prescribed
manner by the trustee or his agent specially authorised by him in this behalf.]

XVI  of
1908.

19. On the receipt of an application under section 18, or upon an application
made by any person having interest in a public trust or on his own motion, the
Deputy  or  Assistant  Charity  Commissioner  shall  make  an  inquiry  in  the
prescribed manner for the purpose of ascertaining—

Inquiry for
registration.

5[(i) whether a trust exists and whether such trust is a public trust,]

1 Sub-section (6A) was inserted by Mah. 20 of 1971, s. 8(1).
2 This sub-section was added by Bom. 23 of 1955, s. 2(2).
3 These words and figures were substituted for the portion beginning with the words “ to the following
officers  and  authorities ”  and  ending  with  the  words  and  figures  “  the  Bombay  Provincial  Municipal
Corporations Act, 1949, within the local limits of which such immovable property is situate ” by Bom.
6 of 1960, s. 12.

4 These words, letters and figures were substituted for the words “ for purposes of registration ” by Mah. 20

of 1971, s. 8(2).

5 This clause was substituted for the original by Bom. 14 of 1951, s. 6.
H 800—3

12

Maharashtra  Public  Trusts  Act

[1950 : XXIX

(ii) whether any property is the property of such trust,
(iii) whether the whole or any substantial portion of the subject-matter of

the trust is situate within his jurisdiction,

(iv) the names and addresses of the trustees and manager of such trust,
(v) the mode of succession to the office of the trustee of such trust,
(vi) the origin, nature and object of such trust,
(vii) the amount of gross average annual income and expenditure of such

trust, and

(viii) any other particulars as may be prescribed under sub­section (5) of

section  18.

Findings of
Deputy or
Assistant  Charity
Commissioners.

20. On  completion  of  the  inquiry  provided  for  under  section  19,  the
Deputy  or  Assistant  Charity  Commissioner  shall  record  his  findings  with
the  reasons  therefor  as  to  the  matter  mentioned  in  the  said  section, 1[and
may make an order for the payment of the registration fee.]

Entries in
register.

Change.

21.

(1)  The  Deputy  or  Assistant  Charity  Commissioner  shall  make
entries in the register kept under section 17 in accordance with the findings
recorded by him under section 20 or if appeals 2[or applications] are made as
provided  by  this Act,  in  accordance  with  the  final decision  of  the  competent
authority  provided  by  this  Act.

(2)  The  entries  so  made  shall,  subject  to  the  provisions  of  this  Act  and
subject  to  any  change  recorded  under  the  following  provisions,  be  final  and
conclusive.
22.

(1) Where  any  change  occurs  in  any of  the  entries  recorded  in  the
register  kept  under  section  17,  the  trustee  shall,  within  90  days  from  the
date of the occurrence of such change, or where any change is desired in such
entries in the interest of the administration of such public trust, report such
change or proposed change to the Deputy or Assistant Charity Commissioner
in charge of the Public Trusts Registration Office where the register is kept.
Such report shall be made in the prescribed form.

3[Provided  that,  the  Deputy  or  Assistant  Charity  Commissioner  may
extend  the period  of  ninety  days for  reporting  the  change on  being  satisfied
that  there  was  a  sufficient  cause  for  not  reporting  the  change  within  the
stipulated period subject to payment of costs by the reporting trustee, which
shall  be  credited  to  the  Public  Trust  Administration  Fund.]

4[(1A) Where the change to be reported under sub-section (1) relates to any
immovable  property,  the  trustee  shall,  along  with  the  report,  furnish  a
memorandum  in  the  prescribed  form  containing  the  particulars  (including
the  name  and  description  of  the  public  trust)  relating  to  any  change  in  the
immovable property of such public trust, for forwarding it to the Sub-Registrar
referred to in sub-section (7) of  section 18.

Such memorandum shall be signed and verified in the prescribed manner

by the trustee or his agent specially authorised by him in this behalf.]

(2) For  the  purpose  of  verifying  the  correctness  of  the  entries  in  the
register kept under section 17 or ascertaining whether any change has occurred
in any of the particulars recorded in the register, the Deputy or Assistant Charity
Commissioner may 5[hold  an  inquiry  in  the  prescribed  manner]:

1 These words were added by Bom. 28 of 1953, s. 3.
2 These words were inserted by Bom. 14 of 1951, s. 7.
3 This proviso was added by Mah. 55 of 2017, s. 4(a).
4 This sub-section was added by Bom. 6 of 1960, s. 13(a).
5 These words were substituted for the words “ hold an inquiry ” by Mah. 20 of 1971, s. 9(1).

1950 :  XXIX]

Maharashtra Public Trusts Act

13

1[Provided that, in the case of change in the names and addresses of the
trustees and the managers or the mode of succession to the office of the trusteeship
and managership, the Deputy or Assistant Charity Commissioner may pass order
provisionally accepting the change within period of fifteen working days and
issue a notice inviting objections to such change within thirty days from the date
of publication of such notice :

Provided further that, if no objctions are received within the said period of
thirty days, the order accepting the change provisionally under the first proviso
shall become final and entry thereof shall be taken in the register kept under
section 17 in the prescribed manner :

Provided also that, if objections are received within the said period of thirty
days, the Deputy or Assistant Charity Commissioner may hold an enquiry in the
prescribed manner and record a finding, as provided by sub-section (3) of this
section, within three months from the date of filing objections.]

(3) If the Deputy or Assistant Charity Commissioner, as the case may be,
after receiving a report under sub-section (1) and holding an inquiry, if necessary
under  sub-section (2), or  merely  after  holding  an  inquiry  under  the  said
sub-section (2), is  satisfied  that  a  change  has occurred  in  any  of  the  entries
recorded in the register kept under section 17 in regard to a particular public
trust, 2[or that the trust should be removed from the register by reason of the
change, resulting in both the office of the administration of the trust and the
whole of the trust property ceasing to be situated in the State,] he shall record a
finding with the reasons therefor 3[to that effect; and if he is not so satisfied, he
shall record a finding with reasons therefor accordingly]. 4[Any such finding]
shall be appealable to the Charity Commissioner. The Deputy or Assistant Charity
Commissioner  shall 5[amend  or  delete  the  entries]  in  the  said  register 6[in
accordance with the finding which requires an amendment or deletion of entries]
and if appeals 7[or applications] were made against such finding, in accordance
with the final decision of the competent authority provided by this Act. The
amendments  in  the  entries  so  made 8[subject  to  any  further  amendment  on
occurrence of a change or any cancellation of entries, shall] be final and conclusive.

9[(3A) The  Deputy  or  Assistant  Charity  Commissioner  may,  after  such
detailed and impartial inquiry and following such procedure as may  be prescribed,
de-register the trust on the following grounds :—

(a) when its purpose is completely fulfilled ; or

(b) when its purpose becomes unlawful ; or

(c) when the fulfilment of its purpose becomes impossible by destruction

of the trust-property or otherwise ; or

(d) when the trust, being revocable, is expressly revoked ; or

(e) when the trustees are found not doing any act for fulfilling object of

the trust :

1 These provisos were added by Mah. 55 of 2017, s. 4(b).
2 These words were inserted by Mah. 39 of 1965, s. 2(a)(2).
3 These words were substituted for the words “ to that effect” by Mah. 20 of 1971, s.9(2)(a).
4 These words were substituted for the words “ Such findings,” by Mah. 20 of 1971, s. 9(2)(b).
5 These words were substituted for the words “ amend the entries ” by Mah. 39 of 1965, s. 2(a) (ii).
6 These words were substituted for the words “ in accordance with such findings ” by Mah.20 of l971, s.9(2)(c).
7 These words were inserted by Bom.14 of 1951, s. 7.
8 These words were substituted for the words “ shall subject to any further amendment on the occurrence of

a change ” by Mah. 39 of 1965, s. 2(a)(iii).

9 These sub-sections (3A) and (3B) were inserted by Mah. 9 of 2016, s. 2.
H 800—3a

14

Maharashtra  Public  Trusts  Act

[1950 : XXIX

Provided that, no trust shall be de-registered under clause (e) unless its
trustees have conmitted default in reporting the change under sub-section (1), in
submission of the audited accounts as prescribed by sub-section (2) of section 33
or sub-section (1A) of section 34 or in making any other compliance  prescribed
by or under this Act for a period of five years from the last date of reporting the
change, submission of the accounts or making the compliance, as prescribed by
or under this Act or the rules made thereunder, as the case may be.

(3B) The Deputy or Assistant Charity Commissioner may take over the
management of properties of the trust de-registered under sub-section (3A) and
pass such necessary orders for the same as he deems fit and may, if he considers
it expedient, dispose them of by sale or otherwise and deposit the sale proceeds
in the Public Trusts Administration Fund estabilished under section 57.]

1[(4) Whenever  an  entry  is  amended 2[or  the  trust  is  removed  from  the
register] under sub-section (3), the Deputy or Assistant Charity Commissioner,
as the case may be, shall forward the memorandum furnished to him under sub-
section (1A), after certifying the amended entry 3[or the removal of the trust
from the register] to the Sub-Registrar referred to in sub-section (7) of section
18, 4[for  the  purpose  of  filing  in  Book  No.  I  under  section  89  of  the  Indian
Registration Act, 1908, in its application to the State of Maharashtra].

XVI of
1908.

Further inquiry
by Deputy or
Assistant
Charity
Commissioner.

Registration  of
trust property in
the name of public
trust, which has
already been
registerd,  etc.

5[22A.

If at any time after the entries are made in the register under section
21, 6[22 or 28 it appears to the Deputy or Assistant Charity Commissioner that
any particular relating to any public trust, which was not the subject-matter of
the inquiry under section 19, or sub-section (3) of] section 22 7[or section 28], as
the case may be, has remained to be enquired into, the Deputy or Assistant
Charity Commissioner, as the case may be, may make, further inquiry in the
prescribed  manner,  record  his  findings  and  make  entries  in  the  register  in
accordance with the decision arrived at or if appeals or applications are made as
provided by this Act, in accordance with the decision of the competent authority
provided by this Act. The provisions of sections 19, 20, 21 and 22 shall, so far as
may be, apply to the inquiry, the recording of findings and the making of entries
in the register under this section.]

8[22B.

(1) In the case of a public trust,—

(a)  which is deemed to have been registered under this Act under section

28, or

1 This sub-section was added by Bom. 6 of 1960, s. 13(b).
2 These words were inserted by Mah. 99 of 1965, s. 2(b)(i).
3 These words were inserted by Mah. 99 of 1965, s. 2(b)(ii).
4 These words, letters and figures were substituted for the words “ for the purpose of registering the change”

by Mah. 20 of 1971, s. 9(3).

5 This section was inserted by Bom. 59 of 1954, s. 2.
6 These figures and words were substituted for the word and figures “ or 22” by Mah. 20 of 1971, s. 10(1).
7 These words and figures were inserted by Mah. 20 of 1971, s. 10(2).
8 Sections 22B and 22C were inserted by Bom. 23 of 1955, s. 3.

1950 :  XXIX]

Maharashtra Public Trusts Act

15

Bom.
XXIII of
1955.

(b) which has been registered under this Act before the date of the coming
into force of the Bombay Public Trusts (Amendment) Act, 1955 (hereinafter
referred to as “the said date” on an application made under section 18, or

(c) in respect of which an application for registration has been made under

section 18 and such application was pending on the said date,

the trustee of such public trust shall within three months from the said
date make an application in writing for registration of the property of the
public trust in the name of such trust and shall state in the application the
name of the public trust.

(2)   Such application shall be signed and verified in the prescribed manner
by the trustee or his agent specially authorised by him in this behalf and made
to the Deputy or Assistant Charity Commissioner who made entries in respect of
such public trust in the register kept under section 17 or with whom the applica-
tion for registration of the public trust was pending, as the case may be.

(3)   On  receipt  of  such  application,  the  Deputy  or  Assistant  Charity

Commissioner shall—

(a) in the case of a public trust which is deemed to have been registered
under section 28 or which has been registered under this Act before the said
date specify the name of the public trust against the entries made in respect
of such trust in the register kept under section 17, and

(b) in the case of a public trust the application for the registration of
which was pending on the said date specify the name of the public trust at
the time of making entries under section 21 in respect of such public trust
in the register kept under section 17.

22C.

l[(1)] In the case of a public trust,—

(a) which is deemed to have been registered under this Act under 2[section

28, read with Schedule A], or

(b) which has been registered under this Act before the coming into force
of  the  Bombay  Public  Trusts  (Amendment)  Act,  1955  (hereinafter
referred to as “the said date”) on an application made under section
18, or

(c)

in respect of which an application has been made under section 18 and
such application was pending on the said date,

Registration
of particulars
of immovable
property  of
trusts already
registered
with certain
officers and
authorities.

Bom.
XXIII of
1955.

the trustee of such public trust shall within three months from the said date
send a memorandum in the prescribed form containing the particulars, including
the name and description of the public trust, relating to the immovable property
of such public trust to the 3 [officers specified in sub-section (7) of section 18 4[for
the purpose of filing in Book No. I under section 89 of the Indian Registration
Act, 1908, in its application to the State of Maharashtra]].

Such memorandum shall be signed and verified in the prescribed manner

by the trustee or his agent specially authorised by him in this behalf].

XVI of
1908.

1 Section 22C was re-numbered as sub-section (1) of that section by Bom. 6 of 1960, s. 14(1).
2 These words, figures and letter were substituted for the word and figures “ section 28" by Bom. 6 of 1960,

s. 14(1)(a).

3 These words, brackets and figures were substituted for the portion beginning with the words “ officers
and  authorities  ”  and  ending  with  the  word,  figures  and  letter  “  section  28B” by Bom. 6  of  1960,
s.  14(1)(b).

4 These words, letter and figures were substituted for the words “ for the purposes of registration ” by

Mah. 20 of 1971, s. 11.

16

Maharashtra  Public  Trusts  Act

[1950 : XXIX

Procedure
where  trust
property  is
situate in
several
regions  or
sub-regions.

1[(2) In the case of a public trust deemed to have been registered under
section 28 read with Schedule AA, the provisions of sub-section (1) shall apply
with the modification that the said date shall refer to the date of the comming
into force of the Bombay Public Trusts (Unification and Amendment) Act, 1959].

Bom. VI
of 1960.

23.

If any part of the property of any public trust is situate within the
limits of more than one region or sub-region, the Deputy or Assistant Charity
Commissioner of the region or sub-region within the limits of which the public
trust is registered, shall forward a copy of the entries to the Deputy or Assistant
Charity Commissioner in charge of the region or sub-region within the limits of
which such part of the trust property is situate. The Deputy or Assistant Charity
Commissioner in charge of such region or sub-region shall make an entry in
such book as may be prescribed for the purpose. A copy of such entry shall also
be sent by the Deputy or the Assistant Charity Commissioner, as the case may
be, to the Sub-Registrar appointed under the Indian Registration Act, 1908, of
the sub-district within the limits of which such property or part thereof is situate.

XVI of
1908.

Stay of
inquiry.

24. No Deputy or Assistant Charity Commissioner shall proceed with an
inquiry under section 19 or 22 in regard to any public trust which has been
already registered in any other region or sub-region.

Inquiry
regarding
public trust
not to be held
by more than
one Deputy or
Assistant
Charity
Commis-
sioner.

5[Entries in
register to be
made or
amended in
certain cases].

25.

(1) If an inquiry under section 19 or 22 in regard to any public trust is
pending  before  more  than  one  Charity  Commissioner,  whether  Deputy  or
Assistant, the Charity Commissioner shall, on the application of any of the persons
having  interest  in  such  public  trust  or  of  any  Deputy  or  Assistant  Charity
Commissioner before whom such inquiry is pending or his own motion, determine
which of such Deputy or Assistant Charity Commissioner shall proceed with the
inquiry in regard to such trust.

(2) The determination of the Charity Commissioner under sub­section (1)
shall  be  final  and  conclusive  ;  and  upon  such  determination,  no  Deputy  or
Assistant Charity Commissioner other than the Deputy or Assistant Charity
Commissioner specified by the Charity Commissioner shall proceed with the
inquiry in regard to the public trust under section 19 or 22, as the case may be.

26.

2[(1)] Any Court of competent jurisdiction deciding any question relating
to any public trust which by or under the provisions of this Act is not expressly
or impliedly barred from deciding shall cause copy of such decision to be sent to
the Charity Commissioner and the Charity Commissioner shall cause the entries
in the register kept under section 17 to be made or amended in regard to such
public trust in accordance with such decision. 3[The entries so made or amended]
shall not be altered except in case where such decision has been varied in appeal
or revision by a court of competent jurisdiction. Subject to such alterations, the
4[entries made or amended] shall be final and conclusive.

6[(2) Where the Charity Commissioner decides any question in relation to
any public trust or passed any order in relation thereto, he shall also cause the
entries in such register to be made or amended in regard to such public trust in
accordance with the decision so given or order passed by him ; and thereupon,
the provisions of sub­section (1) shall apply in relation to entries so made or
amended as they apply in relation to entries made or amended according to the
decision or order of a court].

1 This sub-section was added by Bom. 6 of 1960, s. 14(2).
2 Section 26 was re-numbered as sub-section (1) by Mah. 20  of 1971, s. 12(1).
3 These  words  were  substituted  for  the  words  “  The  amendments  so  made”  by  Mah.  20  of  1971 ,

s.  12(1)(a).

4 These words were substituted for the words “ amendments made ” by Mah. 20 of 1971, s. 12(1)(b).
5 These words were substituted for the marginal note by Mah. 20 of 1971, s. 12(1)(c).
6 Sub-section (2) was added by Mah. 20 of 1971, s. 12(2).

1950 :  XXIX]

Maharashtra Public Trusts Act

17

Public trust
previously
registered
under
enactments
specified  in
Schedule.

Copy of
entries
relating to
property to be
sent to sub-
registrar
7* * *.

Public trust
created by
will.

27.

[Stamping  of  scrips.]  Repealed  by  Bom.  39  of  1951,  s.  2,  First

Schedule.

28.

(1) All  public  trusts  registered  under  the  provisions  of  any  of  the
enactments specified in 1[Schedule A] 2[and Schedule AA] shall be deemed to
have been registered under this Act from the date on which this Act may be
applied to them. The Deputy or Assistant Charity Commissioner of the region or
sub-region within the limits of which 3[a public trust had been registered under
any of the said enactments] shall issue notice to the trustee of such trust for the
purpose of recording entries relating to such trust in the register kept under
section 17 and shall after hearing the trustee and making such inquiry 4[as may
be prescribed] record findings with the reason therefor. Such findings shall be in
accordance  with  the  entries  in  the  registers  already  made  under  the  said
enactment subject to such changes as may be necessary or expedient.

(2) Any person aggrieved by any of the findings recorded under sub-section

(1) may appeal to the Charity Commissioner.

(3)  The provisions of this Chapter shall, so far as may be, apply to the
making of entries in the register kept under section 17 and the entries so made
shall be final and conclusive.

5[28A. The  Deputy  or  Assistant  Charity  Commissioner  shall  send  a
memorandum in the prescribed form containing entries including the entry of
the name and description of the public trust, relating to immovable property of
such public trust made by him in the register kept under section 17—

XVI of
1908.

(i) to the Sub-Registrar of the sub-district appointed under the Indian

Registration Act, 1908, in which such immovable property is situate.

6 *

*

*

*

*

*

*

28B.

[Duty of certain officers and authorities to maintain registers of trust

property.] Deleted by Bom. 6 of 1960, s. 17.]

29.

In the case of the public trust which is created by a will, the executor
of such will shall within one month from the date on which the probate of the
will  is  granted  or  within  six  months  from  the  date  the  testator’s  death
8 [whichever is earlier] make an application for the registration in the manner
provided in section 18 and the provisions of this Chapter shall mutatis mutandis
apply to the registration of such trust :

9[Provided that the period prescribed herein for making an application for
registration may, for sufficient cause, be extended by the Deputy or Assistant
Charity Commissioner concerned.]

1 This word and letter was substituted for the words “ the Schedule ” by Bom. 14 of 1951, s. 8(i).

2 These words were inserted by Bom. 6 of 1960, s. 15.

3 These words were substituted for the words “ the trust property or the substantial portion of the trust

property is situate ” by Bom. 14 of 1951, s. 8(ii).

4 These words were substituted for the words “ as he thinks fit” by Mah. 20 of 1971, s. 13.

5 Sections 28A and 28B were inserted by Bom. 23 of 1955, s. 5.

6 Clauses (ii) and (iii) were deleted by Bom. 6 of 1960, s. 16.

7 The words “ revenue and local authorities ” were deleted by Mah. 20 of 1971, s. 14.

8 These words  were inserted by Bom.  14 of 1951,  s. 9(i).

9 This proviso was added by Mah. 14 of 1951, s. 9(ii).

18

Maharashtra  Public  Trusts  Act

[1950 : XXIX

Notice  of
particulars of
immovable
property
*
*
entered  in
register.

2*

30. Any person acquiring any immovable property 1* *belonging to a public
trust which has been registered under this Chapter or any part of or any share
or interest in such property 1* *of such trust shall be deemed to have notice of
the  relevant  particulars  relating  to  such  trust 3[entered  in  the  registers
maintained under section 17 or filed in Book No. 1 under section 89 of the Indian
Registration Act, 1908, in its application to the State of Maharashtra.]

XVI of
1908.

4[Explanation.—For the purpose of this section, a person shall be deemed to

have notice of any particulars in the registers,—

(1) when he actually knows the said particulars or when, but for wilful
abstention  from  any  inquiry  or  search  which  he  ought  to  have  made,  or
gross negligence, he would  have known them ;

(2)  if  his  agent  acquires  notice  thereof  whilst  acting  on  his  behalf  in

the course of business to which the fact of such particulars is material.]

Bar to hear or
decide  suits.

31.

(1) No suit to enforce a right on behalf of a public trust which has not

been registered under this Act shall be heard or decided 5[in any court.]

(2) The provisions of sub-section (1) shall apply to a claim of set­off or other

proceeding to enforce a right on behalf of such public trust.

CHAPTER V.

6[BUDGET, ACCOUNTS AND AUDIT].

Trustees of
certain trusts
to submit
budget to
Charity
Commis-
sioner.

7[31A.

(1)  A  trustee  of  a  public  trust  which  has  an  annual  income
exceeding  the  prescribed  amount  shall,  at  least  one  month  before  the
commencement of each accounting year, prepare and submit in such form or
forms  as  may  be  prescribed,  a  budget  showing  the  probable  receipts  and
disbursements  of  the  trust  during  the  following  year  to  the  Charity
Commissioner.

Maintenance
of accounts.

(2) Every such budget shall make adequate provision for carrying out the
objects  of  the  trust,  and  for  the  maintenance  and  preservation  of  the  trust
property.]

32.

(1) Every  trustee  of  a  public  trust 8*    *

*

*  shall  keep  regular

accounts.

(2) Such account shall be kept in such form as may be approved by the
Charity Commissioner and shall contain such particulars as may be prescribed.

Balancing and
auditing of
accounts.

33.

(1) The accounts kept under section 32 shall be balanced each year on
the thirty-first day of March or such other day, as may be fixed by the Charity
Commissioner.

1 The words “ or scrip ” were deleted by Bom. 39 of 1951, s. 2, First Schedule.

2 The words “ and scrips, ” were deleted by Bom. 39 of 1951, s. 2, First Schedule.

3 These  words,  figures  and  letter  were  substituted  for  the  words,  figures  and  letters  “entered  in  the

register or in the registers maintained under section 28B ” by Mah. 20 of 1971, s. 15.

4 This Explanation was added by Bom. 23 of 1955, s. 5(2).

5 These words were substituted for the words “ in any Court” by Mah. 20 of 1971, s. 16.

6 This heading was substituted for the heading “ ACCOUNTS AND AUDIT ” by Mah. 20 of 1971, s. 17.

7 Section 31A was inserted by Mah. 20 of 1971, s. 18.

8 The words “ which has been registered under this Act” were deleted by Bom. 6 of 1960, s. 18.

1950 :  XXIX]

Maharashtra Public Trusts Act

19

XXXVIII
of 1949.

(2) The accounts shall be audited annually 1* * * * * by a person 2[who is a
chartered accountant within the meaning of the Chartered Accountants Act,
1949]  or 3[by  such  persons  as  the  State  Government  may,  subject  to  any
conditions, authorise in  this behalf :

Provided that, no such person is in any way interested in, or connected

with, the public trust].

(3) Every  auditor  acting  under  sub-section  (2)  shall  have  access  to  the
accounts and to all books, vouchers, other documents and records in the possession
of or under the 4[control of the trustee; and it shall be the duty of the trustee to
make them available for the use of the auditor].

(4) Notwithstanding anything contained in the preceding sub-sections—

5[(a)] the Charity Commissioner may direct a special audit of the accounts
of any public trust whenever in his opinion such special audit is necessary.
The provisions of sub-sections (2) and (3) shall, so far as may be applicable,
apply to such special audit. The Charity Commissioner may direct the payment
of such fee as may be prescribed for such special audit; 6[and

(b) State Government may, by general or special order, exempt any public
trust or class of public trusts from the provisions of sub-section (2), subject to
such conditions as may be specified in the order.]

34.

(1) It shall be the duty of every auditor auditing the accounts of a
public  trust  under  section  33  to  prepare  a  balance  sheet  and  income  and
expenditure account and to forward a copy of the same 7[along with a copy of
his  report  to  the  trustee,  and]  to  the  Deputy  or  Assistant  Charity
Commissioner of the region or sub-region or to the Charity Commissioner, if
the  Charity  Commissioner  requires  him  to  do  so.

Auditor’s
duty to
prepare
balance sheet
and to report
irregularities,
etc.

8[(1A) It shall be the duty of the trustee of a public trust to file a copy of
the  balance  sheet  and  income  and  expenditure  account  forwarded  by  the
auditor  before  the  Deputy  or  Assistant  Charity  Commissioner  of  the  region
or  sub-region  or  to  the  Charity  Commissioner,  if  the  Charity  Commissioner
requires him to do so.]

(2) The auditor shall in his report specify all cases of irregular, illegal or
improper expenditure, or failure or omission to recover moneys or other property
belonging to the public trust or of loss or waste of money or other property thereof
and state whether such expenditure, failure, omission, loss or waste was caused
in consequence of breach of trust, or misapplication or any other misconduct on
the part of the trustees, or any other person.

1 The words “ in such manner as may be prescribed and ” were deleted by Mah. 20 of 1971, s. l9 (1)(a).

2 These words and figures were substituted for the original words by Bom. 14 of 1951, s. 10.

3 These words were substituted for the words “ by such persons as may be authorised in this behalf by

the State  Government” by  Mah. 20  of 1971,  s. 19(1)(b).

4 These words were substituted for the words “ control of the trustee ” by Mah. 20 of 1971, s. 19(2).

5 The brackets and letter “ (a) ” were inserted by Bom. 28 of 1953, s. 4(2).

6 This word and clause (b) were added by Bom. 28 of 1953, s. 4(2).

7 These words were inserted by Mah. 20 of 1971, s. 20(1).

8 Sub-section (1A) was inserted by Mah. 20 of l971, s. 20(2).

H 800—4

20

Maharashtra  Public  Trusts  Act

[1950 : XXIX

1[CHAPTER V-A.
POWERS AND DUTIES OF, AND RESTRICTION ON, TRUSTEES.]

Investment of
public trust
money.

35.

2[(1)] Where the trust property consists of money and cannot be applied
immediately or at any early date to the purposes of the public trust the trustee
shall be bound 3[notwithstanding any direction contained in the instrument of
the trust to deposit the money in any Scheduled Bank as defined in the Reserve
Bank  of  India  Act,  1934,  in  the  Postal  Savings  Bank  or  in  a
Co-operative Bank approved by the State Government for the purpose or to invest
it in public securities] :

II of
1934.

Provided  that  such  money  may  be  invested  in  the  first  mortgage  of
immovable  property  situate  in 4[any  part  of  India]  if  the  property  is  not
leasehold  for  a  term  of  years  and  the  value  of  the  property  exceeds  by
one-half the mortgage money :

Provided  further  that  the  Charity  Commissioner  may  by  general  or
special order permit the trustee of any public trust or classes of such trusts
to invest the money in any other manner :

5[Provided also that, if any public trust has made the application to the
Charity Commissioner for seeking the order granting the permission for investing
the  money  in  any  other  manner  under  the  second  proviso,  the  Charity
Commissioner shall decide such application within three months from the date
of receipt of such application and where it is not practicable so to do, the Charity
Commissioner shall record the reasons for the same.].

6[(2) Nothing in sub-section (2) shall affect any investment or deposit already
made before the coming into force of the Bombay Public Trusts (Amendment)
Act, 1954, in accordance with a direction contained in the instrument of the
trust :

Bom.
LIX of
1954.

Provided  that  any  interest  or  dividend  received  or  accruing  from  such
investment or deposit on or after the coming into force of the said Act or any
sum 7[so invested or deposited] on the maturity of the said investment or deposit
shall be applied or invested in the manner prescribed in sub-section (1)].

36.
of  trust—]

8[(1)] 9[Notwithstanding  anything  contained  in  the  instrument

(a) no sale, 10*exchange or gift of any immovable property, and
(b) no lease for a period exceeding ten years in the case of agricultural land
or for a period exceeding three years in the case of non-agricultural land or a
building,

belonging to a public trust, shall be valid without the previous sanction of the
Charity Commissioner. 11[Sanction may be accorded subject to such condition
as the Charity Commissioner may think fit to impose, regard being had to the
interest, benefit or protection of the trust;

1 This heading was inserted by Mah. 20 of 1971, s. 21.
2 Section 35 was re-numbered as sub-section (1) of that section by Bom. 59 of 1954, s. 3.
3 This portion was substituted for the original by Bom. 59 of 1954, s. 3(1).
4 These words were substituted for the words and letters “ a Part A State or Part C State ” by the Bombay

Public Trusts (Corporations) Order, 1959.

5 This proviso was added by Mah. 55 of 2017, s. 5.
6 This sub-section was inserted by Bom. 59 of 1954, s. 3(2).
7 These words were substituted for the word “ realized ” by Bom. 6 of 1960, s. 19.
8 Section 36 was re-numbered as sub-section (1) by Mah. 20 of 1971, s. 22(1).
9 These words were substituted for the words “ Subject to the directions in the instrument of trust” by Bom.

6 of 1950, s. 20.

10 The word “ mortgage, ” was deleted by Mah. 20 of 1971, s. 22(1).
11 This portion was added by Mah. 20 of 1971, s. 22(1).

Alienation of
immovable
property  of
public trust.

1950 :  XXIX]

Maharashtra Public Trusts Act

21

(c) if the Charity Commissioner is satisfied that in the interest of any public
trust  any  immovable  property  thereof  should  be  disposed  of,  he  may,  on
application, authorise any trustee to dispose of such property subject to such
conditions as he may think fit to impose, regard being had to the interest or
benefit or protection of the trust.

1[Provided that, the Charity Commissioner may, before the transaction for
which previous sanction is given under clause (a), (b)  or (c) is completed, modify
the conditions imposed thereunder, as he deems fit:

Provided further that, if such condition is of time-limit for execution of any
contract or conveyance, then application for modification of such condition shall
be made before the expiry of such stipulated time.].

2[(1A) The Charity Commissioner shall not sanction any lease for a period

exceeding thirty years under this Act.].

(2) The Charity Commissioner may revoke the sanction given under clause
(a) or clause (b) of sub-section (1) on the ground that such sanction was obtained
by fraud or mis-representation made to him or by concealing from the Charity
Commissioner, facts material for the purpose of giving sanction; and direct the
trustee to take such steps within a period of one hundred and eighty days from
the date of revocation (or such further period not exceeding in the aggregate one
year as the Charity Commissioner may from time to time determine) as may be
specified in the direction for the recovery of the property.

3[Provided that, no sanction shall be revoked under this section after the
execution  of  the  conveyance  except  on  the  ground  that  such  sanction  was
obtained by fraud practiced upon the Charity Commissioner before the grant
of such sanction.].

(3)   No sanction shall be revoked under this section unless the person in
whose  favour  such  sanction  has  been  made  has  been  given  a  reasonable
opportunity to show-cause why the sanction should not be revoked.

(4)   If, in the opinion of the Charity Commissioner, the trustee has failed to
take effective steps within the period specified in sub-section (2), or it is not
possible to recover the property with reasonable effort or expense, the Charity
Commissioner may assess any advantage received by the trustee and direct him
to pay compensation to the trust equivalent to the advantage so assessed.]

4[(5) Notwithstanding anything contained in sub-section (1), in exceptional
and  extraordinary  situations  where  the  absence  of  previous  sanction
contemplated under sub-section (1) results in hardship to the trust, a large
body of persons or a bona fide purchaser for value, the Charity Commissioner
may grant ex-post-facto sanction to the 5[transfer of the trust property, effected
by the trustees prior to the date of commencement of the Maharashtra  Public
Trusts (Second Amendment) Act, 2017], if he is satisfied that,—

(a) there was an emergent situation which warranted such transfer,
(b) there was compelling necessity for the said transfer,
(c) the transfer was necessary in the interest of trust,
(d) the property was transferred for consideration which was not less
than prevalent market value of the property so transferred, to be certified
by the expert,

1 These provisos were added by Mah. 55 of 2017, s. 6.
2 Sub-section (1A) was inserted by Mah. 55 of 2017, s. 6(b).
3 These proviso was added by Mah. 55 of 2017, s. 6(c).
4 Sub-section (5) was added by Mah. 55 of 2017, s. 6(d).
5 These  words,  brackets  and  figures  were  substituted  for  the  words  “transfer  of  the  trust

property by the trustees” by Mah. 4 of 2018, s. 2(a).

H 800—4a

Mah.  IV
of 2018.

22

Maharashtra  Public  Trusts  Act

[1950 : XXIX

(e) there was reasonable effort on the part of trustees to secure the best

price,

(f) the trustees actions, during the course of the entire transaction,
were bonafide and they have not derived any benefit, either pecuniary or
otherwise, out of the said transaction, and

(g) the transfer was effected by executing a registered instrument, if a
document  is  required to  be  registered  under  the  law for  the  time  being
force.]
1[Explanation.— For the purposes of sub-section (5), the term “the Charity
Commissioner”  shall  mean  only  the  Charity  Commissioner  appointed  under
section 3.]

Powers and
duties of, and
restrictions
on, trustees.

2[36A.

(1) A trustee of every public trust shall administer the affairs of the
trust and apply the funds and properties thereof for the purpose and objects of
the trust in accordance with the terms of the trust, usage of the institution and
lawful directions which the Charity Commissioner or court may issue in respect
thereof, and exercise the same care as a man of ordinary prudence does when
dealing with such affairs, funds or property, if they were his own.

(2) The trustee shall, subject to the provisions of this Act and the instrument
of trust, be entitled to exercise all the powers incidental to the prudent and
beneficial management of the trust, and to do all things necessary for the due
performance of the duties imposed on him.

(3) No  trustee  shall  borrow  moneys  (whether  by  way  of  mortgage  or
otherwise) for the purpose of or on behalf of the trust of which he is a trustee,
except with the previous sanction of the Charity Commissioner, and subject to
such conditions and limitations as may be imposed by him in the interest or
protection of the trust.

3[Provided  that,  the  Charity  Commissioner  or  the  Joint  Charity
Commissioner, as the case may be, shall decide the application for borrowing
money from the Bank or Financial Institution forthwith and preferably within a
period of fifteen days, if the Bank or the Financial Institution has provisionally
sanctioned the loan.].

4[(3A) Notwithstanding anything contained in sub-section (3), in exceptional
and extraordinary situations where the absence of previous sanction contemplated
under sub-section (3) results in hardship to the trust, beneficiary or bona fide
third party, the Charity Commissioner may grant ex-post- facto sanction to borrow
moneys from any natinalized bank or the Scheduled Bank, by the trustees.].

(4)   No trustee shall borrow money for his own use from any property of the

public trust of which he is a trustee :

Provided that, in the case of a trustee, who makes a gift of debentures or
any deposit in his business or industry the trustee shall not be deemed to have
borrowed from the trust for his own use.

Register  of
movable and
immovable
properties.

36B.

(1) A public trust shall prepare and maintain a register of all moveable
and immovable properties (not being property of a trifling value) of such trust in
such form or forms giving all such information, as may be prescribed by the
Charity Commissioner.

(2) Such register shall show the jewels, gold, silver, precious stones, vessels
and utensils and all other moveable property belonging to the trust with their
description, weight and estimated value.

1 This Explanation was added by Mah. 4 of 2018, s. 2(b).
2 Sections 36A and 36B were inserted by Mah. 20 of 1971, s. 23.
3 This proviso was added by Mah. 9 of 2016, s. 3.
4 Sub-section (3A) was inserted by Mah. 55 of 2017, s. 7.

1950 :  XXIX]

Maharashtra Public Trusts Act

23

Mah.
XX of
1971.

(3)   Such register shall be prepared within three months from the expiry of
the  accounting  year  after  the  commencement  of  the  Bombay  Public  Trusts
(Amendment) Act, 1970.

(4) Such register shall be signed by all the trustees or by any person duly
authorised by trustees in this behalf after verifying its correctness, and shall be
made available to the auditor for the purpose of auditing if the accounts are
required to be audited under the provisions of this Act. Where the accounts are
not required to be audited, the trustees shall file a copy of such register duly
signed and verified, with the Deputy or Assistant Charity Commissioner of the
region.

(5) The auditor shall mention in the audit report whether such register is
properly maintained or not, and the defects or inaccuracies, if any, in the said
register and the trustees shall comply with the suggestions made by the auditor
and rectify the defects or inaccuracies mentioned in the audit report within a
period of three months from the date on which the report is sent to the trustees.

(6) Every year within three months from the date of balancing the accounts,
the trustee or any person authorised by him shall scrutinize such register, and
shall bring it up-to-date by showing alterations, omissions or additions to the
same, and such changes shall be reported to the Deputy or Assistant Charity
Commissioner in the manner provided in section 22.]

CHAPTER VI.

CONTROL.

37.

1[(1)]  The Charity  Commissioner,  the  Deputy or  Assistant  Charity
Commissioner or any officer authorised by the State Government by a general
or special order shall have power—

Power  of
inspection
and
supervision.

(a) to enter on and inspect or cause to be entered on and inspected any

property, belonging to a public trust;

2[(b) to call for and inspect any proceedings of the trustees of any public
trust, and any book of accounts or document in the possession or under the
control of the trustees or any person connected with the trust;]

(c)  to call  for  any return,  statement,  account or  report  which he  may

think fit from the trustees or any person connected with a public trust;

3[(d) to get the explanation of the trustee or any person connected with
the public trust and reduce or cause to be reduced to writing any statement
made by him :]

Provided  that,  in  entering  upon  any  property  belonging  to  the  public
trust the officers making the entry shall give reasonable notice to the trustee
and shall have due regard to the religious practices or usages of the trust.

4[(2) It shall be the duty of every trustee to afford all reasonable facilities to
any officer exercising any of the powers under sub-section (1) and the trustees or
5[any person connected with the public trust] shall comply with any order made
or direction issued by such officer in exercise of the power conferred upon him by
or under sub-section (1)].

1 Section 37 was re-numbered as sub-section (1) of that section by Bom. 6 of 1960, s. 21.
2 Clause (b) was substituted by Mah. 20 of 1971, s. 24 (1)(a).
3 Clause (d) was inserted by Mah. 20 of 1971, s. 24 (1)(d).
4 This sub-section was added by Bom. 6 of 1960, s. 21.
5 These words were substituted for the words “ any other person in charge of the public trust” by Mah.

20 of 1971, s. 24 (2).

24

Maharashtra  Public  Trusts  Act

[1950 : XXIX

1[(3) If on inspection of the affairs of a public trust under this section, it is
noticed by the Deputy or Assistant Charity Commissioner or the officer authorised
under sub-section (1) that there is a loss caused to the public trust on account of
gross negligence, breach of trust, misapplication or misconduct on the part of a
trustee or any person connected with the trust, the Deputy or Assistant Charity
Commissioner may submit a report thereof to the Charity Commissioner ; and
the officer so authorised, to the Deputy or Assistant Charity Commissioner.]

Explanation
on report of
auditor 5[or
on
complaint].

38. On receipt of a report of the auditor under section 34 2[or of a report, if
any, made by an officer authorized under section 37] 3[or on receipt of a complaint
in respect of any trust] the Deputy or Assistant Charity Commissioner to whom
the report is submitted 4[or complaint is made] shall require the trustee or any
other person concerned to submit an explanation thereon within such period as
he thinks fit.

Report  to
Charity
Commis-
sioner.

6[39. On considering the report referred to in section 38, the accounts or
explanation, if any, furnished by the trustees or any other person connected
with the public trust and after holding an inquiry in the prescribed manner,
the  Deputy  or  Assistant  Charity  Commissioner  shall  record  his  findings  on
the question whether or not a trustee or the person connected with the trust
has  been  guilty  of  gross  negligence,  breach  of  trust,  misappropriation  or
misconduct which resulted in loss to the trust, and make a report thereof to
the  Charity  Commissioner.]

14[Power  of
Charity
Commisioner
to issue
orders  on
report
received
under  section
39 or to
remand
matter, etc.]

40.

7[The Charity Commissioner may,] after considering the report of the
Deputy or Assistant Charity Commissioner, giving an opportunity to the person
concerned and holding such inquiry 8[as he thinks fit,—

(1) determine—]

(a) the amount of loss caused to a public trust;
(b) whether such loss was due to any 9[gross negligence,] breach of trust,

mis-appropriation or misconduct on the part of any person;

(c) whether any of the trustees, or 10[any person connected with the public

trust] was responsible for such loss ;

(d) the amount which any of the trustees or 11[any person connected with

the public trust] is liable to apply to the public trust 12[for such loss, or],

13[(2) remand the matter for further inquiry to the officer, who made the
report or to any other officer as he thinks fit or for reasons to be recorded in
writing, compromise the matter or may drop the matter if a suit is instituted
for obtaining a decree for a direction for taking accounts under section 50.]

1 Sub-section (3) was added by Mah. 20 of 1971, s. 24 (3).
2 These words and figures were inserted by Bom. 28 of 1953, s. 5.
3 These words were inserted by Mah. 20 of 1971, s. 25(a).
4 These words were inserted, by Mah. 20 of 1971, s. 25(b).
5 These words were added by Mah. 20 of 1971, s. 25(c).
6 Section 39 was substituted by Mah. 20 of 1971, s. 26.
7 These words were substituted for the words “ The Charity Commissioner, shall” by Mah. 20 of

1971, s. 27 (a).

8 These  words,  brackets  and  figures  were  substituted  for  the  words  “  as  he  thinks  fit,

determine—” by Mah. 20 of 1971, s. 27 (b).,

9 These words were inserted by Mah. 20 of 1971., s. 27(c).
10 These words were substituted for the words “ any other person” by Mah. 20 of 1971, s. 27(d).
11 These words were substituted for the words “ any other person” by Mah. 20 of 1971, s. 27(e)(i).
12 These words were substituted for the words “ for such loss” by Mah. 20 of 1971, s. 27(e)(ii).
13 Clause (2) was added by Mah. 20 of 1971, s. 27(f).
14 These words were substituted for the marginal note, by Mah. 20 of 1971, s. 27(g).

1950 :  XXIX]

Maharashtra Public Trusts Act

25

41.

(1) If the Charity Commissioner decides 1[that any person connected
with  the  trust]  is  liable  to  pay  to  the  public  trust  any  amount  for  the  loss
caused  to  the  trust,  the  Charity  Commissioner  may  direct  that  the  amount
shall  be surcharged  on the  person.

(2) 2[The order] of the Charity Commissioner under sub-section (1) shall be

Order  of
surcharge.

final and conclusive.

3[41A.

(1) Subject to the provisions of this Act, the Charity Commissioner
may from time to time issue directions to any trustee of a public trust or any
person connected therewith, to ensure that the trust is properly administered,
and the income thereof is properly accounted for or duly appropriated and applied
to the objects and for the purposes of the trust; and the Charity Commissioner
may also give directions to the trustees or such person that if he finds any property
of the trust is in danger of being wasted, damaged, alienated or wrongfully sold,
removed or disposed of :

Power  of
Commis-
sioner to issue
directions
4[for  proper
administra-
tion of the
trust.]

5[Provided that, if any application is made by the trustee of any trust for
seeking directions under sub-section (1), the Charity Commissioner shall decide
such application within three months from the date of its receipt and if it is not
practicable so to do, the Charity Commissioner shall record the reasons for the
same.]

(2) It shall be the duty of every trustee or of such person to comply with the

directions issued under sub-section (1).

6[41AA.

(1) Notwithstanding anything contained in any law for the time
being in force or in any instrument of trust or in any contract or in any judgement,
decree or order of any Court, Tribunal, Charity Commissioner or other competent
authority, in the case of any State aided public trust, whose annual expenditure
exceeds five lakhs of rupees, or such other limit as the State Government may,
from time to time, by notification in the Official Gazette, specify, with a view to
making essential medical facilities available to the poorer classes of the people,
either free of charge, or at concessional rates, it shall be lawful for the Charity
Commissioner, subject to such general or special order as the State Government
may, from time to time, issue in this behalf, to issue all or any of the following
directions to the trustees of, or persons connected with, any such trust, which
maintains a hospital (including any nursing home or maternity home), dispensary
or any other centre for medical relief (hereinafter in this section referred to as
“ the medical centre”), namely :—

Power of Charity
Commissioner
and State
Government  to
issue  directions
in respect of
hospitals, etc., to
earmark certain
beds, etc., for
poorer  patients
to be treated free
of charge or at
concessional
rates.

(a) having regard to the accommodation and facilities available to keep
admission to the medical centre open to any person without any discrimination
on the ground of religion, race, caste, sex, place of birth, language or any of
them :

Provided that, where a medical centre is exclusively for females, treatment

for any males at such centre shall not be insisted upon ;

(b) to reserve and earmark ten per cent. of the total number of operational
beds and ten per cent. of the total capacity of patients treated at such medical
centre, for  medical examination  and treatment in  each department  of the
medical  patients  seeking  admission  or  treatment,  who  shall  be  medically
examined and treated and admitted as the case may be, free of charge ;

(c) to reserve and earmark ten per cent. of the total number of operational
beds and ten per cent. of the total capacity of patients treated at such medical
centre, for  medical examination  and treatment in  each department  of the
medical centre, in such manner as may be specified in the directions, for the
weaker sections of the people seeking admission for medical examination and
treatment,  who  shall  be  charged  according  to  such  rates  as  the  State
Government may, by general or special order, determine from time to time
having  regard  to  the  rates  charged  by  the  State  Government  in  the
corresponding medical centres maintained by it;

1 These words were substituted for the words “ that any person” by Mah. 20 of 1971, s. 28.
2 These  words  were  substituted  for  the  words  “  Subject  to  the  provisions  of  section  72,  the  order”  by

Mah. 55 of 2017, s. 8.

3 Sections 41A to 41E were inserted by Mah. 20 of 1971, s. 29.
4 These words were inserted by Mah. 8 of 1985, s. 2.
5 This proviso was added by Mah. 55 of 2017, s. 9.
6 This section was inserted by Mah. 8 of 1985, s. 3.

26

Maharashtra  Public  Trusts  Act

[1950 : XXIX

(d) to comply with such other incidental or supplemental requirements
as may be specified in the directions or in any general or special orders issued
thereunder:

Provided  that,  while  issuing  any  directions  as  aforesaid  the  Charity
Commissioner shall take into consideration such facilities as are already made
available by any such medical centre and having regard to the availability of
such facilities may give appropriate directions if any, consistent with and subject
to the percentage specified in clauses (b) and (c).

(2) (a)  It  shall  be  lawful  for  the  officer  duly  authorised  by  the  State
Government in this behalf, or for the Charity Commissioner by himself or through
his  representative  duly  authorised  by  him  in  this  behalf,  to  verify  the
implementation of the directions given under sub-section (1) to any medical centre,
and  for  that  purpose,  visit,  inspect  and  call  for  information  and  returns
periodically or otherwise.

(b) It shall be the duty of every trustee of, or person connected with, such
medical centre to comply with the directions issued under sub­section (1) and to
afford all reasonable facilities and assistance required by the said officer or the
Charity Commissioner or his representative for verification of the implementation
of  such  directions  under  clause  (a)  and  to  comply  with  the  requirements
thereunder.

(c) In  case  there  arises  any  dispute  relating  to  the  interpretation,
implementation or any matter whatsoever in respect of any direction issued
under sub-section (1), it shall be referred to the State Government, through
the Charity Commissioner, for appropriate directions.

(3) Nothing in sub-sections (1) and (2) shall prejudicially affect any medical
facilities of whatever nature which any such State-aided public trust has provided
by virtue of any condition subject to which any grant, exemption, concession,
etc. referred to in clause (a) of sub-section (4) has been granted or received by it
or otherwise and such medical facilities, which are in operation on the date of
commencement  of  the  Bombay  Public  Trusts  (Amendment)  Act,  1984,  shall
continue  as before  if they  exceed the  percentage of  reserved and  earmarked
category.

(4)    For the purposes of this section,—

(a) “ State-aided public trust” means a public trust exclusively for medical
relief or for medical relief and other charitable purposes, which maintaines a
hospital (including any nursing home or maternity homes), dispensary or any
other centre for medical relief, and which—

(i) has received any grant of land or building, either on ownership
basis  or  on  lease  or  leave  and  licence,  at  a  nominal  or  concessional
rate,  from  the  State  Government  or  the  Central  Government  or  any
local  authority;  or

Mah.
VIII of
1985.

(ii) has  been  given  by  the  State  Government  any  exemption  or
permission to continue to hold any vacant land under section 20 or 21 of
the Urban Land (Ceiling and Regulation) Act, 1976; or

XXXIII
of 1976.

(iii) has been given any concessions or exemption or relaxation of a
substantial nature from the Development Control Rules by any competent
authority for the purposes of the trust; or

(iv) has received any loan or guarantee or any non-recurring grant-
in-aid or other financial assistance or is receiving any recurring grant-
in-aid  or  other  financial  assistance  from  the  State  Government,  the
Central Government or any local authority;

1950 :  XXIX]

Maharashtra Public Trusts Act

27

(b) “ indigent person ” means a person whose total annual income does
not  exceed  three  thousand  and  six  hundred  rupees  or  such  other  limit  as
the State Government may, from time to time, by notification in the Official
Gazette, specify;

(c) “ person belonging to the weaker sections of the people ” means a
person who is not an indigent person, but whose income does not exceed fifteen
thousand rupees per annum or such other limits as the State Government
may, from time to time, by notification in the Official Gazette, specify ;

(d) it shall be the duty of the governing body (by whatsoever name called)
of every medical centre to get the category of a patient duly verified and recorded
in a register kept for the purpose in the prescribed form before he is admitted
or treated as a patient within the reserved fund earmarked percentage under
sub-section (1). If there is any dispute as to the category of a patient, it shall
be referred to the State Government, through the Charity Commissioner, for
appropriate direction.

(5) Notwithstanding anything contained in the foregoing provisions of this
section, any person, who desires to undergo an operation for sterilization or an
intra-ocular operation or who desires to undergo any operation or medical treat-
ment specified by the State Government in this behalf, shall not be entitled, and
shall not be allowed, to seek admission in any hospital or other medical centre in
the reserved or earmarked quota provided under this section.]

41B.

(1)  On  receipt  of  a  complaint  in  writing  from  any  person  having
interest in respect of any public trust or suo motu the Charity Commissioner or
Deputy  or  Assistant  Charity  Commissioner  may  institute  an  inquiry  with
regard to charities or a particular charity or class of charities either generally,
or for particular purposes.

Power  to
institute
inquiries.

(2) The officers aforesaid may either hold the inquiry themselves, or en-

trust such inquiry to the officer authorised under sub-section (1) of section 37.

(3) For  the purpose  of  any such  inquiry, the  officer  holding the  inquiry
may, by notice, require any person to attend at a specified time and place and
give evidence or produce documents in his custody or control which relate to any
matter in question at the inquiry.

(4) For the purpose of any such inquiry, evidence may be taken on oath and
the person holding the inquiry may for that purpose administer an oath under
the Indian Oaths Act, 1873, or may instead of administering an oath, on solemn
affirmation require the person to make and subscribe a declaration of the truth
of the matters about which he is examined.

10 of
1873.

(5) The necessary expenses of any person of his attendance to give evidence
or produce documents for the purpose of the inquiry shall be paid in the manner
prescribed.

(6) After the completion of the inquiry, the person holding the inquiry (not
being  the  Charity  Commissioner)  shall  submit  his  report  to  the  officer  who
entrusted such inquiry to him.

(7) The Deputy or Assistant Charity Commissioner of the region concerned
shall submit his own report or report received by him under this section to the
Charity Commissioner or he may, proceed under section 38, if necessary, or send
a copy of the report to the Charity Commissioner with his remarks thereon. The
Charity Commissioner may, if he is satisfied that there is a prima facie case
against the trustees, take such steps as are necessary under the provisions of
this Act.
H 800—5

28

Maharashtra  Public  Trusts  Act

[1950 : XXIX

(8) The Charity Commissioner may himself also call for the proceedings of

any inquiry made under this section for such action as he may think fit.

Persons
(other than
public trust)
collecting
money,
subscription
or donation,
etc.

1[41C.

(1) Notwithstanding anything contained in this Act, no person (other
than public trust) shall, after the commencement of the Maharashtra Public
Trusts  (Amendment)  Act,  2017,  collect  or  cause  to  be  collected  any  money,
contribution, subscription or donation, in cash or kind, for religious or charitable
purposes,  without  seeking  prior  permission  of  the  Assistant  Charity
Commissioner or the Deputy Charity Commissioner upon a written application
in such form as may be prescribed, either online or directly to the Assistant
Charity Commissioner or the Deputy Charity Commissioner :

Mah.
XXXVI
of 2017.

Provided that, in the exigencies for aiding, assisting or giving relief to the
persons affected by natural disaster, war, riots, accidents or similar cause, the
collection may be made by giving intimation in the form prescribed to the Assistant
Charity Commissioner or the Deputy Charity Commissioner.

(2)  The  Assistant  Charity  Commissioner  or  the  Deputy  Charity
Commissioner    shall,  after  making  an  enquiry  as  deemed  fit,  decide  the
applications and may issue a certificate in form prescribed, subject to such terms
and  conditions as he deems fit, within seven days from the date of receipt of
application, for an application received online; and within fifteen days from the
date of receipt of application, for an application received in writing :

Provided that, if the permission is not granted to the applicant within the
stipulated period, the permission shall be deemed to have been granted under
this section for the purpose for which the application is made.

(3) In case the intimation as specified under the first proviso to sub-section
(1)  is  given,  the  Assistant  Charity  Commissioner    or  the  Deputy  Charity
Commissioner shall satisfy that the collection is done for valid reason and purpose
and may issue a certificate in form prescribed, subject to such terms and conditions
as he deems fit, within fifteen days from the date of receipt of intimation. If the
Assistant Charity Commissioner or the Deputy Charity Commissioner  has reason
to believe that there is a possibility of fraud, misappropriation or other abuse, he
shall direct such person to stop making such collection forthwith and require
such person to render an account of the collections made by him and deposit the
amount so collected in the Public Trusts Administration Fund.

(4)  The certificate issued under sub-section (2) or (3) shall be valid for a
period of six months from the date of its issue; and shall not be renewable. The
applicant or the person to whom the certificate is issued under sub-section (2) or
(3) shall submit the audited account of such collections or receipt of contribution
and remaining amount, if any, within a period of two months next after expiry of
the said period.

(5) The remaining amount so collected shall be credited in the Public Trusts

Administration Fund.]

Suspension,
removal and
dismissal of
trustees.

41D.

(1) The Charity Commissioner may, either on application of a trustee
or any person interested in the trust, or on receipt of a report under section 41B
or suo  motu may  suspend,  remove  or  dismiss  any  trustee  of  a  public  trust,
if he,—

(a) makes persistent default in the submission of accounts report or

return;

(b) wilfully  disobeys  any  lawful  orders  issued  by  the  Charity
Commissioner under the provisions of this Act or rules made thereunder by
the State Government;

1 Section 41C was substituted by Mah. 36 of 2018, s. 2.

1950 :  XXIX]

Maharashtra Public Trusts Act

29

(c) continuously  neglects  his  duty  or  commits  any  mal-feasance  or

misfeasance, or breach of trust in respect of the trust;

(d) misappropriates or deals improperly with the properties of the trust of

which he is a trustee ; or

(e)    accepts any position in relation to the trust which is inconsistent with

his position as a trustee ;

(f) if convicted of an offence involving moral turpitude.

1[(2) (a)  When  the  Charity  Commissioner  proposes  to  take  action  under
sub-section (1), the Charity Commissioner may issue notice to the trustee or the
person against whom the action is proposed to be taken only when he finds that
there is prima facie material to proceed against the said person.

(b) The trustee or person to whom a notice under clause (a) is issued, shall

submit his reply thereto within fifteen days from the date of receipt of notice.

(c) If the person fails to give reply to the notice issued under clause (a) or the
Charity  Commissioner  finds  that  the  reply  is  not  satisfactory,  the  Charity
Commissioner  shall frame charges against the said person within fifteen days
of the filing of the reply or the default in the filing of reply, as the case may be,
and  give  the  said  person  an  opportunity  of  meeting  such  charges  and  after
considering the evidence adduced against him and in his favour, may pass order
regarding suspension or removal or dismissal within three months from the date
of framing of charges. If it is not practicable for the Charity Commissioner to
issue notice, frame charges and pass final orders within stipulated time, he shall
record reasons for the same.

(d) The order of suspension, removal or dismissal shall state the charges framed
against the trustee, his explanation,  if any, and the finding on each charge with
reasons therefor.].

(3) Pending  disposal  of  the  charges  framed  against  a  trustee  the  Charity

Commissioner may place the trustee under suspension.

(4) Where the Charity Commissioner has made an order suspending, removing
or dismissing any trustee and such trustee is the sole trustee or where there are
more than one trustee and the remaining trustee according to the instrument of
trust, cannot function or administer the trust without the vacancy being filled,
then in that case the Charity Commissioner shall appoint a fit person to discharge
the duties and perform the function of the trust, and such person shall hold office
only until a trustee is duly appointed according to the provisions of the instrument
of trust.

2*   *

3[(6) An  appeal  shall  lie  to  the  Court  against  the  order  made  under  sub-
section (1), as if such decision was a decree of a district court as a court of original
jurisdiction from which an appeal lies, within sixty days from the date of the
order.]

(7) The order of the Charity Commissioner shall, subject to any order of the

Court or in appeal, be final.

1 Sub-section (2) was substituted by Mah. 55 of 2017, s. 10(a).
2 Sub-section (5) was deleted  by Mah. 55 of 2017, s. 10(b).
3 Sub-section (6) was substituted by Mah. 55 of 2017, s. 10(c).

H 800—5a

30

Maharashtra  Public  Trusts  Act

[1950 : XXIX

Power to act
for  protection
of Charities.

41E.

(1) Where it is brought to the notice of the Charity Commissioner
either by the Deputy or Assistant Charity Commissioner through his report or
by an application by at least two persons having interest supported by affidavit,—

(a) that any trust property is in danger of being wasted, damaged or

improperly alienated by any trustee or any other person, or

(b) that the trustee or such person threatens, or intends to remove or

dispose of that property,

the Charity Commissioner may by order grant a temporary injunction or make
such other order for the purpose of staying and preventing the wasting, damaging,
alienation, sale, removal or disposition of such property, on such terms as to the
duration of injunction, keeping an account, giving security, production of the
property or otherwise as he thinks fit.

(2) The Charity Commissioner shall in all such cases, except where it appears
that the object of granting injunction would be defeated by delay, before granting
an injunction, give notice of the facts brought to his notice to the trustee, or the
person concerned.

(3) After hearing the trustee or person concerned and holding such inquiry
as he thinks fit, the Charity Commissioner may confirm, discharge or vary or set
aside the order of injunction or pass any other appropriate order.

1*   *

(5) A trustee or a person against whom the order of injunction or any other
order  under  this  section  is  passed  may,  within  ninety  days  of  the  date  of
communication of such order, appeal to the Court against such order.

2*   *

3*   *

4[41F.

(1) Wherein it is brought to the notice of the Charity Commissioner
by any Assistant Charity Commissioner or Deputy Charity Commissioner or
two or more persons having interest in the trust property that disobedience of
any of the orders passed under any of the sections in the Chapter VI is committed,
the Charity Commissioner may after hearing the parties concerned, order the
property of such person guilty of such disobedience or breach, to be attached and
may also order such person to be detained in jail for a term not exceeding six
months. No attachment under this sub-section shall remain in force for more
than one year, at the end of which time, if the disobedience or breach continues,
the  property  attached  may  be  sold,  and  out  of  the  proceeds  the  Charity
Commissioner may award such compensation as he thinks fit, and shall pay the
balance, if any, to the person entitled thereto, and thereupon, any order passed
by the Charity Commissioner, under this section, if in force shall stand vacated,
or as the case may be, cancelled.

(2) A trustee or a person against whom the order under this section is passed,
may, within ninety days of the date of communication of each order, appeal to
the High Court against such order.]

1 Sub-section (4) was deleted by Mah. 55 of 2017, s. 11.

2 Sub-section (6) was deleted by Mah. 55 of 2017, s. 11.

3 Sub-section (7) was deleted by Mah. 55 of 2017, s. 11.

4 This section was inserted by Mah. 36 of 2018, s. 3.

Attachment of
property  in
certain cases.

1950 :  XXIX]

Maharashtra Public Trusts Act

31

CHAPTER VII.

OTHER FUNCTIONS AND POWERS OF CHARITY COMMISSIONER.

42.

1[Each Charity Commissioner] shall be a corporation sole and shall
have perpetual succession and a common seal and may sue and be sued in his
corporate name.

2[43.

3[(1)

4*

*

*

*

*

VI of
1890.

VI of
1890.

3[(2) Notwithstanding anything contained in the Charitable Endowments

Act, 1890, the Charity Commissioner shall have the following powers :—

(a)    power to modify or substitute the scheme for the administration of
any  charitable  endowment  framed  under  the  Charitable  Endowments
Act,  1890, after  hearing  the  State  Government  and  the  Administrator  under
section 50A ;

(b)    power to exercise powers under section 37 ; and

(c) power to change the administrator after hearing and in consultation
with  the  State  Government  if  the  endowment  is  not  being  properly
administered.]

44.     [Charity Commissioner can act as trustee of public trusts.] Deleted

 by Mah. 20 of 1971, s. 31.

45.   [Charity  Commissioner  may  with  consent  be  appointed  trustee  of

settlement by grantor.] Deleted by Mah. 20 of 1971, s. 31.

46.   [Appointment of Charity Commissioner as trustee under will.] Deleted

by Mah. 20 of 1971, s. 31.

5[47.

(1) Any person interested in a public trust may apply to the Charity
Commissioner for the appointment of a new trustee, where there is no trustee
for such trust or the trust cannot be administered until the vacancy is filled,
or  for  the  suspension,  removal  or  discharge  of  a  trustee,  when  a  trustee  of
such trust,—

(a)  disclaims or dies;
(b)  is  for  a  continuous  period  of  six  months  absent  from  India  without
the leave of the Charity Commissioner or the Deputy or Assistant Charity
Commissioner  or  the  officer  authorised  by  the  State  Government  in  this
behalf ;

1 These words were substituted for the words “ The Charity Commissioner” by the Bombay

Charity Commissioner (Regional Reorganisation) Order, 1960, Sch.

2 Section  43  was  substituted  by  the  Treasurer  of  Charitable  Endowments,  Bombay

(Reconstitution) Order, 1962.

3 Section 43 was re-numbered as sub-section (1) and sub-section (2) was added by Mah. 20 of

1971, s. 30.

4 Sub-section (1) of section 43 was deleted by Mah. 32 of 1975, s. 3.

Section 3 of Mah. 32 of 1975 reads as follows :—

Charity
Commissioner
to be
corporation
sole.

Maharashtra
Charity
Commissioner
to be
Treasurer  of
Charitable
Endowments
under Act VI
of 1890.

Power of
Charity
Commissioner
to appoint,
suspend,
remove or
discharge
turstees and to
vest property to
new trustees.

Mah.
XXXI of
1975.

VI of
1890.

“3. (1) On the commencement of the Bombay Public Trusts (Amendment) Act, 1975, the
Charity  Commissioner,  Maharashtra,  shall  cease  to  be  the  Treasurer  of  Charitable
Endowments for that part of the State of Maharashtra to which the principal Act extends and
the property vesting in the Charity Commissioner as the Treasurer of Charitable Endowments
by or under any law for the time being in force shall cease to vest in the Charity Commissioner
and shall vest in the Treasurer of Charitable Endowments appointed under the Charitable
Endowments Act, 1890;

And accordingly, sub-section (1) of section 43 of the principal Act shall stand deleted.”.

5 Section 47 was substituted by Mah. 20 of 1971, s. 32.

Charity
Commissioner to
cease to be
Treasurer of
Charitable
Endowments under
Act VI of 1890,
amendment of
section 43 of Bom.
XXIX of 1950.

32

Maharashtra  Public  Trusts  Act

[1950 : XXIX

(c) leaves India for the purpose of residing abroad ;

(d) is declared as insolvent;

(e) desires to be discharged from the trust;

(f) refuses to act as a trustee ;

(g) becomes in the opinion of the Charity Commissioner unfit or physically
incapable to act in the trust or accepts a position which is inconsistent with
his position as trustee;

(h) in  any  of  the  cases  mentioned  in  Chapter  III,  is  not  available  to

administer the trust; or

(i) is  convicted  of  an  offence  punishable  under  this  Act  or  an  offence

involving moral turpitude.

(2) The Charity Commissioner may, after hearing the parties and making
such enquiry as he may deem fit, by order appoint any person as a trustee or
may also remove or discharge any trustee for any of the reasons specified in sub-
section (1).

(3) In appointing a trustee under sub-section (2), the Charity Commissioner

shall have regard—

(a) to the wishes of the author of that trust;

(b)
trustee;

to the wishes of the persons, if any, empowered to appoint a new

(c) to the question whether the appointment will promote or impede the

execution of the trust;

(d)   to the interest of the public or the section of the public who have

interest in the trust ; and

(e) to the custom and usage of the trust.

(4) It shall be lawful for the Charity Commissioner upon making any order
appointing a new trustee under sub-section (2) either by the same or by any
subsequent order to direct that any property subject to the trust shall vest in the
person so appointed and thereupon it shall so vest.

1[(5) An  appeal  shall  lie  to  the  Court,  against  the  order  of  Charity
Commissioner under sub-section (2), as if such order was a decree of a district
court as a court of original jurisdiction from which an appeal lies, within sixty
days from the date of the order, which shall otherwise be final.]

47AA.

[ Power of Charity Commissioner to apply to Court for appointment

of new trustee where convicted under Act.] Deleted by Mah. 20 of 1971, s. 33.

47A.

[ Power of Court to vest property in new trustee.] Deleted by Mah.20 of

1971, s. 33.

47B.

[ Court not to appoint Charity Commissioner as trustee of religious
trust and Charity Commissioner not to accept such trust if management of religious
affairs is involved.] Deleted by Mah. 20 of 1971, s. 33.

48.

[Levy of administrative charges.] Deleted by Mah. 20 of 1971, s. 33.

49.
1971, s. 33.

[Transfer of property by Charity Commissioner.] Deleted by Mah. 20 of

1 Sub-section (5) was substituted by Mah. 55 of 2017, s. 12.

33

Suit by or
against or
relating to
public trusts
or trustees or
others.

1950 :  XXIX]

Maharashtra Public Trusts Act

1[50. In any case,—

(i) where it is alleged that there is a breach of a public trust, negligence,

mis-application or misconduct on the part of a trustee or trustees,

2[(ii) where a direction or decree is required to recover the possession of or to
follow a property belonging or alleged to be belonging to a public trust or the
proceeds thereof or for an account of such property or preceeds from a trustee,
ex-trustee, alienee or any other person but not a person holding adversely to
the public trust, trespasser,  licensee or tenant,],

(iii) where  the  direction  of  the  Court  is  deemed  necessary  for  the

administration of any public trust, or

(iv) for any declaration or injunction in favour of or against a public trust or

trustee or trustees or beneficiary thereof,

the Charity  Commissioner after making such enquiry as he thinks necessary,
or two or more persons having an interest in case the suit is under sub-clauses (i)
to (iii), or one or more such persons in case the suit is under sub-clause (iv)
having obtained the consent in writing of the Charity Commissioner as provided
in section 51 may institute a suit whether contentious or not in the Court within
the local limits of whose jurisdiction the whole or part of the subject-matter of
the trust is situate, to obtain a decree for any of the following reliefs :—

(a)  an  order  for  the  recovery  of  the  possession  of  such  property  or

proceeds thereof ;

(b)  the removal of any trustee or manager ;

(c) the appointment of a new trustee or manager ;

(d) vesting any property in a trustee ;

(e) a direction for taking accounts and making certain enquiries ;

(f) an order directing the trustees or others to pay to the trust the loss
caused to the same by their breach of trust, negligence, misapplication,
misconduct or wilful default ;

(g) a declaration as to what proportion of the trust property or of the

interest therein shall be allocated to any particular object of the trust ;

3 *   *

(i) a direction authorising the whole or any part of the trust property to
be let, sold, mortgaged or exchanged or in any manner alienated on such
terms and conditions as the court may deem necessary ;

(j) the settlement of a scheme, or variations or alterations in a scheme

already settled ;

(k) an order for amalgamation of two or more trusts by framing a common

scheme for the same ;

(l) an order for winding up of any trust and applying the funds for other

charitable purposes ;

(m) an order for handing over of one trust to the trustees of some other

trust and deregistering such trust ;

(n) an order exhonerating the trustees from techincal breaches, etc ;

(o) an order varying, altering, amending or superseding any instrument

of trust ;

1 Section 50 was substituted by Mah. 20 of 1971, s. 34.
2 This clause was substituted by Mah. 55 of 2017, s. 13(a).
3 Sub-clause (h) was deleted by Mah. 55 of 2017, s. 13(b).

34

Maharashtra  Public  Trusts  Act

[1950 : XXIX

Power  of
Charity
Commissioner
to frame,
amalgamate
or modify
schemes.

(p) declaring or denying any right in favour of or against a public trust or
trustee  or  trustees  or  beneficiary  thereof  and  issuing  injunctions  in
appropriate  cases  ;  or

(q) granting any other relief as the nature of the case may require which
would be a condition precedent to or consequential to any of the aforesaid
relief or is necessary in the interest of the trust :

Provided that, no suit claiming any of the reliefs specified in this section
shall be instituted in respect of any public trust, except in conformity with the
provisions thereof :

Provided  further  that,  the  Charity  Commissioner  may  instead  of
instituting a suit make an application to the Court for a variation or alteration
in a scheme already settled :

Provided also that, the provisions of this section and other consequential
provisions shall apply to all public trusts, whether registered or not or exempted
from the provisions of this Act under sub-section (4) of section 1].

1[Explanation.—In this section, “Court” means, in the Greater Mumbai, the

City Civil Court and elsewhere, the District Court.].

2[50A. (1) Notwithstanding anything contained in section 50, where the
3[Assistant or Deputy Charity Commissioner] has reason to believe that, in the
interest of the proper management or administration of public trust, a scheme
should be settled for it, or where two or more persons having interest in a public
trust make an application to him in writing in the prescribed manner that, in
the interest of the proper management or administration of a public trust, a
scheme should be settled for it, the 3[Assistant or Deputy Charity Commissioner]
may, if, after giving the trustees of such trust due opportunity to be heard, he is
satisfied  that  it  is  necessary  or  expedient  so  to  do,  frame  a  scheme  for  the
management or administration of such public trust.

(2) Where the 3[Assistant or Deputy Charity Commissioner] is of opinion that in
the interest of the proper management or administration, two or more public trusts
may be amalgamated by framing a common scheme for the same, he may, after–

(a) publishing a notice in the Official Gazette 4[and also if necessary in any
newspaper  which  in  the  opinion  of  the 3[Assistant  or  Deputy  Charity
Commissioner] is best calculated to bring to the notice of persons likely to be
interested in the trust] with a wide circulation in the region in which the trust
is registered, and

(b) giving the trustees of such trusts and all other interested persons due

opportunity to be heard,

frame a common scheme for the same.

(3)  The 3[Assistant or Deputy Charity Commissioner] may, at any time, after
hearing the trustees, modify the scheme framed by him under sub-section (1) or
sub-section (2).

1 This Explanation was added by Mah. 55 of 2017, s. 13(c).
2 This section was inserted by Bom. 6 of 1960, s. 27.
3 These  words  were  substituted  for  the  words  “Charity  Commissioner”  by  Mah.  55  of  2017,

s. 14(a).

4 These words were substituted for the words and brackets “and also in at least two newspapers

(one in English and the other in the language of the region)” by Mah. 20 of 1971, s. 35.

1950 :  XXIX]

Maharashtra Public Trusts Act

35

Consent of
Charity
Commi-
ssioner for
institution of
suit.

Non-application
of sections 92 and
93 of Civil
Procedure  Code
to public trusts.

1[(4)  The scheme framed under sub-section (1) or sub-section (2) or modified
under  sub-section  (3)  shall,  subject  to  the  decision  of  the Charity
Commissioner under  section  70,  have  effect  as  a  scheme  settled  or  altered,
as the case may be, under a decree of a Court under section 50.]

51.

(1) If the persons having an interest in any public trust intend to file a
suit  of  the  nature  specified  in  section  50,  they  shall  apply  to  the  Charity
Commissioner in writing for his consent. 2[If the Charity Commissioner after
hearing the parties and making such enquiries (if any) as he thinks fit is satisfied
that there is a prima facie case, he] may within a period of six months from the
date on which the application is made, grant or refuse his consent to the institution
of such suit. The order of the Charity Commissioner refusing his consent shall
be in writing and shall state the reasons for the refusal.

3[(2) If the Charity Commissioner refuses his consent to the institution of
the suit under sub-section (1), the persons applying for such consent may file an
appeal to the Court, as if such order was an order passed by the District Court
from which an appeal lies, within sixty days from the date of the said order,
which shall otherwise be final.]

(3)  In every suit filed by persons having interest in any trust under section

50, the Charity Commissioner shall be a necessary party.

4 *   *

V of
1908.

52.

5[(1)]  Notwithstanding  anything  contained  in  the  Code  of  Civil
Procedure, 1908, the provisions of sections 92 and 93 of the said Code shall not
apply to the public trusts.

6[(2) If 7[on the date of the application of the Act to any public trust any
legal proceedings in respect of such trust are pending before 8[any Civil Court of
competent jurisdiction] to which the Advocate-General or the Collector exercising
the powers of the Advocate-General is a party, the Charity Commissioner shall
be deemed to be substituted in those proceedings for the Advocate-General or
the Collector, as the case may be, and such proceedings shall be disposed of by
such Court.]

9[(3) Any reference to the Advocate-General made in any instrument, scheme,
order or decree of any Civil Court of competent jurisdiction made or passed,
whether before or after the said date, shall be construed as reference to the
Charity Commissioner.]

1 This sub-section was substituted by Mah. 55 of 2017, s. 14(b).
2 These words were substituted for the words “ The Charity Commissioner, after hearing the

parties and after making such inquiry as he thinks fit”, by Mah. 20 of 1971, s. 36.

3 This sub-section was substituted by Mah. 55 of 2017, s. 15(a).
4 Sub-section (4) was deleted by Mah. 55 of 2017, s. 15(b).
5 Section 52 was re-numbered as sub-section (1) of that section by Bom. 28 of 1953, s. 10(1).
6 This portion was added by Bom. 14 of 1951, s. 13.
7 The brackets, figure and word “ (2) if” were substituted for the words “ Provided that if” by

Bom. 28 of 1953, s. 10 (1).

8 These words were substituted for the words “ Any Court including the High Court”, by Bom.

28 of 1953, s. 10(2).

9 Sub-section (3) was inserted by Bom. 28 of 1953, s. 10(3).

H 800—6

36

Suit against
assignee for
valuable
consideration
not barred by
time.

Maharashtra  Public  Trusts  Act

[1950 : XXIX

1[52A. Notwithstanding anything contained in the Indian Limitation Act,

1908, no suit against an assignee for valuable consideration of any immovable

property of the public trust which has been registered or is deemed to have been

registered under this Act for the purpose of following in his hands, such property

or the proceeds thereof, or for an account of such property or proceeds, shall be

IX of
1908.

barred by any length of time.]

Bequest
under will for
benefit of
public trust.

53.

(1) Where under any will a bequest has been made in favour of a public

trust or where such bequest itself creates a public trust, it shall be the duty of

the executor under the will to forward copy thereof to the Deputy or Assistant

Charity Commissioner for the region or sub-region where 2[such trust] may have

been, or is required to be, registered.

(2) No probate of any such will or letters of administration with such will

annexed shall be granted by any Court whatsoever unless it is satisfied that a

copy  of  such  will  has  been  forwarded  to  the  Deputy  or  Assistant  Charity

Commissioner as provided by sub-section (1).

Dharmada.

54.

(1) Where according to the custom or usage of any business or trade or

the agreement between the parties relating to any transaction any amount is

charged to any party to the said transaction or collected under whatever name,

as being intended to be used for a charitable or religious purpose the amount so

charged or collected 3[(in this Act called—“ dharmada ”)] shall vest in the person

charging or collecting the same as a trustee.

(2) Any person charging or collecting such sums shall within three months

from the expiration of the year for which his accounts are ordinarily kept submit

an account in such form as may be prescribed to the Deputy or Assistant Charity

Commissioner.

(3) The Deputy or Assistant Charity Commissioner shall have power to

make  such  inquiry  as  he  thinks  fit  to  verify  the  correctness  of  the  account

submitted and may pass order for the disposal of the amount in the manner

prescribed.

4[(4) The provisions of Chapter IV shall not apply to dharmada.].

Cypres.

5[55. (1) If upon an application made to him or otherwise, the Assistant or

Deputy Charity Commissioner is of opinion that,—

(a) the original object for which the public trust was created has failed ;

(b) the income or any surplus balance of any public trust has not been

utilized or is not likely to be utilized ;

1 This section was inserted by Bom. 23 of 1955, s. 7.
2 These words were substituted for the words “ such will” by Bom. 28 of 1953, s. 11.
3 These brackets and words were inserted by Bom. 14 of 1951, s. 14(i).
4 Sub-section (4) was added by Bom. 14 of 1951, s. 14(ii).
5 Section 55 was substituted by Mah. 55 of 2017, s. 16.

1950 :  XXIX]

Maharashtra Public Trusts Act

37

(c) in the case of a public trust other than a trust for a religious purpose,
it is not in public interest expedient, practicable, desirable, necessary or proper
to carry  out wholly  or partially the  original intention of  the author  of the
public trust or the object for which the public trust was created and that the
property or the income of the public trust or any portion thereof should be
applied to any other charitable or religious object ; or

(d) in any of the cases mentioned in sections 10 to 13 or in regard to the
appropriation  of  the dharmada sums  held  in  trust  under  section  54,  the
directions of the Charity Commissioner are necessary then,

the Assistant or Deputy Charity Commissioner shall pass appropriate orders
after making an enquiry and make a report to the Charity Commissioner.

(2) The Charity Commissioner may suo motu or on the report of Assistant
or Deputy Charity Commissioner, give directions and in giving such directions,
he shall give effect to the original intention of the author of the public trust or
object for which the public trust was created.

(3) The Charity Commissioner may direct the property or income of the
public trust or any portion thereof to be applied cypres to any other charitable or
religious objects. In doing so, it shall be lawful for the Charity Commissioner  to
alter any scheme already settled or to vary the terms of any decree or order
already passed in respect of the public trust or the conditioins contained in the
instrument of the public trust.

(4) An appeal shall lie against the decision or order passed by the Charity
Commissioner under sub-section (2) or, as the case may be, sub-section (3) of this
section to this section to the Court, as if such order was a decree passed by the
District Court from which an appeal lies, within sixty days from the date of the
said order, which shall otherwise be final.]

1*   *

2*   *

56B.

(1) In  any  suit  or  legal  proceedings  in  which 3*  *  *  any  question
affecting a public religious or charitable purpose is involved, the Court shall not
proceed to determine such question until after notice has been given to the Charity
Commissioner.

(2)    If upon the receipt of such notice or otherwise the Charity Commissioner
makes any application in that behalf, he shall be added as a party at any stage of
such suit or proceedings.

Proceedings
involving
question
affecting
public
charitable or
religious
purpose.

(3)     In  this  section  “  Court”  shall  mean  any  Civil  Court  of  competent

jurisdiction in the 4[State of Maharashtra].

1 Section 56 was deleted by Mah. 55 of 2017, s. 17.

2 Section 56A was deleted by Mah. 55 of 2017, s. 18.

3 The words “ it appears to the Court that” were deleted by Mah. 20 of 1971, s. 39.
4 These words were substituted for the words “ State of Bombay ” by Adaptation of Laws (State

and Concurrent Subjects) Order, 1960.

H 800—6a

38

Maharashtra  Public  Trusts  Act

[1950 : XXIX

1 [CHAPTER VII-A.

SPECIAL PROVISION AS RESPECTS RELIGIOUS AND CHARITABLE INSTITUTIONS
AND ENDOWMENTS WHICH VEST IN, OR THE MANAGEMENT OF WHICH VESTS
IN, THE STATE GOVERNMENT.

Provisions  of
Chapter
VII-A to apply
to certain
endowments.

56C.

(1) The provisions of this Chapter shall apply to every temple, mosque
or endowment created for a public religious or charitable purpose (hereinafter in
this Chapter referred to as “ the endowment”), which vests in, or the management
of which vests in, the State Government and which—

Vesting or
transfer of
management,
of certain
endowments.

Committees
of manage-
ment.

(a)    has been registered under the provisions of this Act as, or
(b)    is declared by the State Government by notification in the Official
Gazette, after such inquiry as it thinks fit, and after previous publication, to
be a public trust.

On such declaration such endowment shall be deemed to be a registered
public trust for the purposes of this Act and the provisions of Chapter IV relating
to the registration of public trusts, shall, as far as may be, apply to the making of
entries in the register kept under section 17, provided that such entries shall
also conform to the provisions of this Chapter. The entries so made shall be final
and conclusive.

(2) The State Government shall, as soon as may be after the commencement
of this Chapter, publish in the Official Gazette, a list of such endowments as are
registered as or declared to be, public trusts, and the State Government may, by
like  notification  and  in  like  manner,  add  to  or  delete  from  such  list  any
endowment entered therein.

56D. The State Government shall, from such date as it determines, and in
the manner hereinafter provided, transfer the endowment, or the management
thereof to a committee (hereinafter referred to as “ committee”) and thereupon
such  endowment  together  with  all  the  immovable  or  moveable  property
appertaining thereto, or as the case may be, management thereof shall vest in
the members of such committee ; and the members of the committee shall be the
trustees or such endowment within the meaning and for the purposes of this Act.

56E.

(1) Notwithstanding anything contained in sections 47 and 50 for
the purpose of vesting or transferring the management of the endowment under
the provisions of this Chapter, to a committee the State Government shall, by
notification in the Official Gazette, appoint (under such name as may be specified
in the notification) 2[one or more committees for one or more districts as the
State Government may think fit ].

(2) The committee shall have power to acquire, hold and dispose of property,
subject  to such conditions and restrictions as may be prescribed, and may sue
and be sued in the names of all the members of the committee.

(3) A Committee shall consist of not less than five and not more than seven
members and the members in the case of a religious endowment shall, and in
any other case may, be appointed from amongst persons professing the religion
or belonging to the religious denomination (or any section thereof), for the purposes
of which or for the benefit of whom the endowment was founded, or is being
administered.  The  members  shall  be  appointed,  as  far  as  possible,  and  in
accordance so far as can be ascertained with the general wishes of those who are
interested in the administration, of such endowment.

1 This Chapter was inserted by Bom. 6 of 1960, s. 29.
2 These words were substituted for the words “ one or more committees for each district” by Mah. 6 of

1964, s. 2.

1950 :  XXIX]

Maharashtra Public Trusts Act

56F.

(1) A member shall be appointed to a committee for a period of five

years, but shall be eligible for re-appointment.

(2)  A  member  may,  by  writing  under  his  hand  addressed  to  the  State

Government, resign his membership of committee :

Provided that, such resignation shall not take effect until the resignation

has been accepted by the State Government.

56G.

(1) A person shall be disqualified for appointment as, or for being, a

member of a committee if he—

(a)  is a minor ;

(b)  has been convicted by a criminal court of any offence involving moral

turpitude ;

(c)  is of unsound mind, and is so declared by a competent court;

(d)  is an undischarged insolvent;

(e)  has directly or indirectly interest in a lease or any other transaction

relating to the property vesting in the committee ;

(f) is a paid servant of the committee or has any share or interest in a
contract for the supply of goods to, or for the execution of any works, or the
performance of any service, undertaken by the committee in respect of the
endowment;

(g) is found to be guilty of misconduct by the State Government;

(h) in the case of a religious endowment ceases to profess the religion or
to  belong  to  the  religious  denomination  for  which  the  committee  is
appointed ; or

(i) is otherwise unfit.

(2)    If it appears to the State Government that a member has incurred any
of the disqualifications aforesaid, the State Government may, after giving such
member an opportunity of showing cause, and after considering any such cause
shown,  remove  such  person  from  membership  and  the  decision  of  the  State
Government shall be final.

(3)    Notwithstanding anything contained in any other law for the time
being in force, a member of the committee shall not be disqualified from being
chosen as and for being a member of, the 1[Maharashtra] Legislative Assembly
or the 1[Maharashtra] Legislative Council or any local authority by reason only
of the fact that he is a member of such committee.

56H. The State Government may appoint a new member when a member

of committee—

(a) resigns or dies ;

(b) is for a continuous period of six months absent from India without

leave of the Charity Commissioner ;

(c) leaves India for the purpose of residing abroad ;

(d) desires to be discharged ;

(e) refuses to act; or

(f) is removed by the State Government.

1 This word was substituted for the word “ Bombay ” by the Maharashtra Adaptation of Laws (State and

Concurrent  Subjects)  Order,  1960.

39

Term of office
of members of
committee.

Disqualifica-
tion of
membership.

Power  of
Government
to appoint
new member.

40

Chairman and
treasurer  of
committee.

Meeting of
and
procedure  for
committee.

Power  of
committee  to
appoint sub-
committees.

Secretary and
other  officers
of committee.

Terms and
conditions  of
service  of
Secretary and
other
servants.

General
duties of
committee.

Maharashtra  Public  Trusts  Act

[1950 : XXIX

56I.

(1) The State Government shall from amongst the members, of a

committee appoint a chairman and shall also appoint a treasurer.

(2) The State Government may direct that the chairman, treasurer and
other members of the committee may be paid such honorarium or fees and
allowances 1[from the Management Fund constituted under section 56QQ ]
and in such manner as may be prescribed.

56J. The  Committee  shall  meet  at  such  intervals  and  follow  such
procedure in exercising its powers and discharging its duties and functions
as may be prescribed; but the day-to-day proceedings and routine business
shall be despatched in accordance with regulations made by it, and approved
by the State Government.

56K. A committee may by resolution appoint such sub-committees as
it  may  think  fit,  and  may  delegate  to  them  such  powers  and  duties  as  it
specifies in the resolution; and a committee or sub-committee may associate
with itself, generally or for any particular purpose, in such manner as may
be determined by regulations, any person who is not a member, but whose
assistance or advice it may desire ; and the person associated as aforesaid
shall have the right to take part in the discussions of the committee or sub-
committee, relevant to that purpose, but shall not have the right to vote at
any meeting thereof.

56L.

(1)  The  State  Government  may  appoint  a  Secretary  to  the

Committee.

(2) The committee may appoint such officers (other than the Secretary)
and servants at it thinks necessary for the efficient performance of the duties
and functions of the committee under this Act:

Provided that no officer or servant who is paid or is to be paid salary of
over one  hundred per mensum shall  be appointed by a  committee without
the previous approval of the State Government.

56M.

(1)  The  Secretary,  officers  and  servants  shall  be  appointed  on
such terms and conditions as to service as may be prescribed by rules or, as
the case may be, by regulations made by the committee.

(2) The salary and allowances of the Secretary, officers and servants of

the committee shall be paid 2[out of the Management Fund ].

56N.

(1)  Subject  to  the  general  and  special  orders  of  the  State
Government,  it  shall  be  the  general  duty  of  a  committee  to  manage  and
administer the affairs of the endowment which vests in, or the management
of  which  vests  in  it.  It  shall  be  the  duty  of  a  committee  to  so  exercise  the
powers  conferred  and  discharge  the  duties  and  functions  imposed  upon  it,
by or under this Act or under any instrument of trust, or a scheme, for the
time  being  in  force  relating  to  such  endowment  as  to  ensure  that  such
endowment  is  properly  maintained,  controlled  and  administered  and  the
income thereof is duly applied to the object and purposes for which it was
created, intended or to be administered.

(2) In particular, but without prejudice to the generality of the foregoing

provision, a committee shall—

(a) maintain  a  record  containing  information  relating  to  the  origin,

income, object and the beneficiaries of every such endowment;

(b) prepare a budget estimating its income and expenditure ;

1 This portion was substituted for the words “ from such fund” by Mah. 6 of 1964, s. 3.
2 These words  were substituted  for the  words “  out of  such funds  as may  be prescribed  ” by  Mah. 6  of

1964, s. 4.

1950 :  XXIX]

Maharashtra Public Trusts Act

41

(c)    make regular payment of salaries and allowances and other sums
payable  to  the  Secretary,  officers  and  servants  of  a  committee 1[from  the
Management Fund] ;

(d)    keep separate accounts for each such endowment;

(e)    ensure that the income and property of the endowment are applied to
the  objects  and  for  the  purposes  for  which  such  endowment  was  created,
intended or is to be administered ;

(f) take measures for the recovery of lost properties of any such endowment;

(g) institute and defend any suits and proceedings in a court of law relating

to such endowment;

(h) supply such returns, statistics, accounts and other information with
respect to such endowment as the State Government may from time to time
require ;

(i) inspect or cause the inspection of the properties of such endowment; and

(j) generally do all such acts as may be necessary for the proper control,

maintenance and administration of such endowment.

56O. No act or proceeding of a committee shall be invalid by reason only
of  the  existence  of  any  vacancy  amongst  its  members,  or  any  defect  in  the
constitution thereof.

56P. The  State  Government  may,  from  time  to  time,  for  the  better
management or administration of any endowment issue directions to a committee.

56Q. The Charity Commissioner may, with the previous sanction of the
State Government, provide for the performance of any duty which a committee
is bound to perform under the provisions of this Act, or the rules or directions
made or given thereunder, and may direct that the expenses of the performance
of such duty be paid by any person who may have from time to time the custody
of any fund belonging to the committee. If such duty is in connection with any
endowment the payment shall be made out of the funds belonging to the said
endowment.

2[ 56QQ.

(1) For each committee there shall be constituted a fund to be
called the “ Management Fund ” which shall vest in, and be under the control of
the committee.

(2) There shall be placed to the credit of every Management Fund—

(a) save as otherwise provided in sub-section (3) in respect of Kolhapur,
the total balances (whether in cash, securities or in any other form) standing

1 These words were substituted for the words “ from such fund as may be prescribed” by Mah.

6 of 1964, s. 5.

2 Section 56QQ was inserted by Mah. 6 of 1964, s. 6.

Act of
committee  not
invalid by
reason of
vacancy or
defect.

Power of State
Government  to
issue
directions.

Power  of
Charity
Commi-
ssioner  to
require  duties
of  committee
to be
performed
and to direct
expenses in
respect
thereof to be
paid from
fund of
committee,
etc.

Management
Fund.

42

Maharashtra  Public  Trusts  Act

[1950 : XXIX

to the credit of any endowment held by the State Government immediately
before such  endowment or the management  thereof is transferred  to, and
vested in, the members of the committee under section 56D ;

(b) a sum not exceeding ten percent, of the gross annual income of each
endowment transferred to, or under the management of, the members of the
committee as the committee may, with the approval of the State Government
fix in this behalf. In fixing such sum regard shall be had to the gross annual
income of the endowment, the annual expenditure incurred to give effect to
the objects and purposes for which or for the benefit of whom the endowment
is founded, created, intended, or is being administered, the liability, if any, to
which  the  endowment  is  subject,  and  any  other  factors  which  the  State
Government  may  either  generally  or  specially  specify  in  the  case  of  any
endowment or class of endowments ;

(c) the  fees  charged  for  inspection  of  proceedings  of  the  committee,

and for copies of records, maintained by the committee ;

(d) any  other  sum  which  the  State  Government  may  by  order

specify in this behalf.

(3) The contributions levied—known as “Devasthan cess” or by whatever
name called—on Devasthan inam lands in the former State of Kolhapur, and
collected in the Devasthan Fund as provided by the Sar Subha Vat No. 20, dated
29th September 1917 and continued to be levied and collected in that fund as
aforesaid under the provisions of Sar Subha Jahirnama No. 36, dated the 5th
November  1932,  shall,  on  the  commencement  of  the  Bombay  Public  Trusts
(Amendment) Act, 1963, cease to be levied and collected on the Devasthan inam
lands aforesaid ; and the total balance (whether in cash, securities or in any
other form) to the credit of the said Devasthan Fund at such commencement
including the  sum accumulated  out of  the income  of the  endowments in  the
former State of Kolhapur (such accumulated sum being commonly known as the
Amanat Fund) shall be placed to the credit of the Management Fund of such
committee or committees in the district of Kolhapur as may be specified by the
State Government in this behalf.

(4)    The Management Fund shall, subject to the provisions of this Act and
subject to any general or special order of the State Government, be applied to,—

(i) the  payment  of  honorarium,  fees  and  allowances  of  the  chairman,

treasurer and other members of the committee ;

(ii) the payment of salaries, allowances and other sums payable to the

secretary, officers and servants of the committee ;

(iii) the payment of any expenses lawfully incurred by the committee in
the exercise of its powers and in the performance of its duties and functions as
provided by section 56N.

(5) The custody and investment of the moneys credited to the Management
Fund and the dibursement and payment thereform and the audit of accounts of
the Fund shall be regulated in the prescribed manner.]

Mah. VI
of 1964.

Power  to
supersede  a
committee.

56R.

(1) If the State Government is of opinion that a committee is unable
to perform or has persistently made default in the performance of, the duties
imposed upon it by or under this Act, or has exceeded or abused its powers, the
State Government may, by notification in the Official Gazette, supersede the
committee for such period as may be specified in the notification :

1950 :  XXIX]

Maharashtra Public Trusts Act

43

Provided that, before issuing a notification under this sub-section, the State
Government shall give a reasonable opportunity to the committee to show cause,
why it should not be superseded and consider the explanations and objections if
any of the committee.

(2) Upon the publication of a notification under sub-section (1) superseding

a committee—

(a)  all  the  members  of  the  committee  shall,  as  from  the  date  of

supersession, vacate their offices as such members ;

(b) all  the  powers,  duties  and  functions  which  may,  by  or  under  the
provisions of this Act, be exercised or performed by or on behalf of the committee,
shall, during the period of supersession, be exercised and performed by such
person or persons as the State Government having regard to the provisions of
sub-section (1) of section 56G may direct; and

(c) all property vested in, or the management of which is vested in, the
committee shall during the period of supersession vest in the State Government.
(3) On the expiration of the period of supersession specified in the notification

issued under sub-section (1), the State Government may—

(a) extend the period of supersession for such further period as it may

consider necessary, or

(b) reconstitute the committee in the manner provided in section 56E.

1[ 56RR.

(1) Notwithstanding anything contained in this Chapter or any
other provisions of this Act or in any judgement, decree, order or scheme of any
Court,  Charity  Commissioner  or  any  other  authority,  where  a  committee  of
management has been appointed by the State Government under section 56E in
respect of any endowment or endowments, and the State Government is of opinion
that  for  better  management  and  administration  of  the  endowments,  the
management of the said endowments should be taken over temporarily by the
State Government and then should be governed by a scheme or schemes framed
by the Charity Commissioner or should be handed over again to the committee
as  reconstituted,  the  State  Government  may,  by  notification  in  the Official
Gazette,—

(a) terminate the appointment of all the existing members of the committee
(including the Chairman and the Treasurer), even before the expiry of their
term of office of five years, on and from such date as may be specified in the
notification, whereupon they shall be deemed to have vacated their office on
that date ;

(b) appoint a Government officer, from time to time, as the Administrator
of the Committee, for such period not exceeding three years as may be specified
in the notification, which may be extended by like notification, from time to
time, so, however, that the total period shall not exceed five years :

Provided that, if during the said period, the committee is reconstituted, the
Administrator shall cease to hold his office from the day the committee is
reconstituted  or  as  and  when  any  scheme  is  framed  by  the  Charity
Commissioner in respect of any endowment, the Administrator shall cease to
function in respect of that endowment from the day of scheme comes into
operation.

(2) During the period the Administrator is holding his office, all the powers,
duties and functions of the committee and its members and sub-committees (if
any), under this Act or any other law for the time being in force, shall be exercised,
performed and discharged by the Administrator and he shall be deemed to be the
sole  trustee  in  respect  of  the  endowments  under  his  management  under
section 56D.

1 This section was inserted by Mah. 43 of 1981, s.2.

H 800—7

Power  of
removal of
members of
committee
and
appointment
of Admini-
strator
temporarily.

44

Maharashtra  Public  Trusts  Act

[1950 : XXIX

(3) The Administrator may delegate any of his powers, duties and functions
to any officer or servant of the committee or, with the previous approval of the
State Government, to any other Government officer.

(4)  The Administrator and any other Government officer to whom he may
have delegated any of his powers, duties and functions shall receive such salary
and allowances from the Management Fund and be subject to such other conditions
of service as the State Government may, by general or special order, determine.]

Power  to
make
regulations.

56S.

(1) The committee may, with the approval of the State Government
make regulation not inconsistent with this Act or the rules made thereunder for
carrying out its functions under this Act.

(2) In particular but without prejudice to the generality of the foregoing
provision, such regulations may provide for all or any of the following matters,
namely :—

(i)  despatch  of  day-to-day  proceedings  and  routine  bussiness  of  the

committee under section 56J ;

(ii) the manner in which any person who is not a member of a committee,
or sub-committee may be associated with such committee or sub-committee as
the case may be, under section 56K ;

(iii) terms and conditions of service of the servants of a committee under

section 56M.

Non-
application  of
certain
provisions  of
this Act to
endowments.

56T. Except so far as is expressly provided in the provisions of this Chapter,
nothing in sections 18,19, 20, 21 1** * 47,1* * * 50, 59, 66 and 67 shall apply to
the endowments to which this Chapter applies :]

2[ Provided that, the provisions of this Chapter shall cease to apply to any
such endowment in respect of which a scheme has been framed under section
50A, and upon framing of such scheme, the other provisions of this Act, except
sections 18, 19, 20, and 21 shall apply to such endowment. ]

CHAPTER  VIII.

PUBLIC TRUSTS ADMINISTRATION FUND.

Public Trusts
Administra-
tion Fund.

57.

3[ (1) There shall be established a fund to be called the Public Trusts

Administration Fund. The Fund shall vest in the Charity Commissioner. ]

(2) The following sums shall be credited to the said Fund, namely :—

4[(a) fees leviable under section 18 ;]

(b)    contributions made under section 58 ;

(c)     the  amount  from  the  funds  or  the  portion  thereof  credited  under

section 61 ;

(d)    any sum received from a private person ;

(e) any sum allotted by the State Government or any local authority; and

1 The figures and letters “ 44, 45, 46, 47A, 47B ” were deleted by Mah. 20 of 1971, s. 40.
2 This proviso was inserted by Mah. 43 of 1981, s. 3.
3 This sub-section was substituted by Bom. 6 of 1960, s. 30.
4 Clause (a) was substituted by Mah. 29 of 1971, s. 41.

1950 :  XXIX]

Maharashtra Public Trusts Act

45

Bom.
XXVIII
of 1957.
Bom.
XXI of
1960.

(f) any other sum which may be directed to be credited by or under “ the
provisions of 1[ this Act or the Inter-State Corporation Act, 1957 ] 2[ or the
Bombay Statutory Corporations (Regional Reorganisation) Act, 1960].

3[58.

(1) Subject to the provisions of this section, every public trust shall
pay to the Public Trusts Administration Fund annually such contribution at a
rate or rates not exceeding 4[ five per cent, of the gross annual income, or of the
gross annual collection or receipt, as the case may be, as may be notified, from
time to time, by the State Government, by order published in the Official Gazette.
The  contribution  shall  be  paid  on  such  date  and  in  such  manner  as  may  be
prescribed.]

Contribution
by public
trusts to
Public Trusts
Administration
Fund.

5[The contribution payable] under this section shall—

(i) in the case of a dharmada, be fixed at a rate or rates on the gross

annual collection or receipts of the dharmada ;

(ii) in the case of other public trusts, be fixed at a rate or rates on the

gross annual income of such public trust.

6[ Explanation  1.—For  the  purposes  of  this  sub-section  ‘  gross  annual
collection or receipt ’  or  ‘ gross annual income’  does not include any donations
received by any dharmada or public trust from another dharmada or public
trust registered under this Act.]

Explanation 6[2].—(a) For  the  purpose  of  this  sub-section  ‘gross  annual
income’ means gross income from all sources in a year (including all donations
and offerings), but does not include any payment made or anything given with a
specific direction that it shall form part of the corpus of the public trust, nor
include any deductions which the State Government may allow by rules :

Provided that, the interest or income accruing from such payment made or
thing given in the years following that in which they were given or made shall
be taken into account in calculating the gross annual income.

(b) Where a public trust conducts a business or trade as one of its activities
for the purpose of assessing the contribution as respects that activity, the net
annual profits of such business or trade shall be treated as the gross annual
income of the business or trade.

1 These  words  were  substituted  for  the  words  “  the  Act”  by  the  Bombay  Public  Trusts

(Corporation) Order, 1959.

2 These  words  were  inserted  by  Bombay  Charity  Commissioner  (Regional  Reorganisation)

Order, 1960, Sch.

3 Section 58 was substituted for the original by Mah. 29 of 1962, s. 2.

Section 4 of that Act reads as follows :—

“ 4. The substitution of section 58 in the principal Act by section 2 of this Act shall be and
shall always be deemed to have been made in the principal Act, and provisions of clause (iii)
of sub-rule (3) of rule 32 of the Bombay Public Trusts Rules, 1951, shall be deemed to have
been deleted from the date on which those rules came into force; and accordingly, rule 32 of
those Rules as amended shall be deemed always to have been validly made and to have full
effect, as if it had been duly made under the principal Act as amended by this Act, and
anything done or action taken under that rule shall be deemed to have been validly done or
taken.”.

Retrospective
operation and
removal of
doubts.

4 These words were substituted for the words “ five per cent, of the gross annual income, or as the
case may be, of the gross annual collection or receipt, on such date, and in such manner, as may
be prescribed” by Mah. 35 of 1977, s. 5(1) (a).

5 These words were substituted for the words “ The contribution prescribed” by Mah. 35 of 1977,

s. 5 (1)(b).

6 Explanation 1 was inserted and the existing Expalnation was re-numbered as Explantion 2 by

Mah. 20 of 1971, s. 42 (1).

H 800—7a

46

Maharashtra  Public  Trusts  Act

[1950 : XXIX

1[(2) The State Government may exempt from payment of contribution public
trusts which are exclusively for the purpose of the advancement and 2[propogation
of education, or exclusively for the purpose of water conservation, or exclusively
for the purpose of development of forest, horticulture or agriculture, or exclusively
for the purpose of welfare of the Schedule Castes, Schedule Tribes, Denotified
Tribes, Nomadic Tribes or Women,] or exclusively for the purpose of medical
relief or veterinary treatment of animals, or exclusively for the purpose of relief
of distress caused by scarcity, drought, flood, fire or other natural calamity, and
may also exempt from the payment of contribution any donations forming part
of the gross annual income and which are actually spent on the relief of distress
caused by scarcity, drought, flood, fire or other natural calamity. If any question
is raised whether a trust falls in any exempted class of trusts or whether any
donations are donations which qualify for exemption from contribution under
this sub­section, the decision of the State Government on the question, obtained
in the manner prescribed, shall be final. ]

(3) The State Government may, by order published in the Official Gazette,
reduce, whether prospectively or retrospectively, the rate or rates at which the
contribution fixed under sub-section (1) is payable by any class of public trusts
and may in like manner remit the whole of such contribution or any part thereof,
regard being had to the nature of the objects of the class of public trusts, or the
smallness of the income thereof.

3[(4) In determining the rate or rates of contribution to be notified under
sub-section (1), the State Government shall take into consideration the balance
available in the Public Trusts Administration Fund and the estimated income
and expenditure (including any capital expenditure) of the Charity Organisation
and ensure that the levy has reasonable corelation with the services rendered or
to be rendered or any expenditure incurred or to be incurred for carrying out the
purposes of this Act. For this purpose, the rates of contribution may be increased
or decreased, or reductions or remissions may be granted, from time to time,
prospectively or retrospectively, by the State Government, by an order or orders
made as provided in this section and published in the Official Gazette.]

4[ (5) Notwithstanding anything contained in the foregoing provisions in
this  section,  on  and  after  the  commencement  of  the  Bombay  Public  Trusts
(Amendment) Act, 1983, every trustee of a public trust liable to pay contribution
shall, while filing a copy of the balance sheet and income and expenditure account
under sub-section (1A) of section 34, pay in advance the whole amount of the
annual contribution of the public trust computed at the rate fixed under sub-
section (1) of this section, according to specified percentage of the gross annual
income, or of the gross annual collection or receipt, as the case may be, as shown
in the balance sheet and income and expenditure account, in such manner, and
subject to such adjustments to be made after the contribution payable is assessed,
as may be prescribed.]

1 Sub-section (2) was substituted by Mah. 20 of 1971, s. 42 (2).
2 This portion was substituted for the words “ propogation of secular education ” by Mah. 39 of

1997, s. 2.

3 Sub-section (4) was added by Mah. 35 of 1977, s. 5 (2).
4 Sub-section (5) was added by Mah. 29 of 1983, s. 4.

Mah.
XXIX of
1983.

47

Penalties as
recovery of
contribution.

1950 :  XXIX]

Maharashtra Public Trusts Act

59.

(1) If the trustee of a public trust (other than the Charity Commissioner)
1[ or the person charging or collecting dharmada ] fails to pay the contribution
under section 58 he shall be liable to penalties provided in section 66.

(2)    The Charity Commissioner may also make an order directing the bank
in which or any person with whom any money belonging to the public trust are
deposited to pay the contribution from moneys as may be standing to the credit
of the public trust or may be in the hands of such person or may from time to
time be recovered from or on behalf of the public trust by way of deposit by such
bank or person and such bank or person shall be bound to obey such order. Every
payment made pursuant to such order shall be a sufficient discharge to such
bank or person from all liability to the public trust in respect of any sum or sums
so paid by it or him out of the moneys belonging to the public trust so deposited
with the bank or person.

(3)    Any bank or person who has been ordered under sub-section (2) to
make  the  payment  may,  appeal  to  the  State  Government,  and  the  State
Government may after making such inquiry as it thinks fit, confirm, modify or
cancel such order.

60.

(1)  The  Public  Trusts  Administration  Fund  shall,  subject  to  the
provisions of this Act and subject to the general or special order of the State
Government, be applicable to the payment of charges for expenses incidental to
the regulation of public trusts and generally for carrying into effect the provisions
of this Act.

Application of
Public Trusts
Administration
Fund.

(2) The custody and investment of the moneys to be credited to the Public
Trusts Administration Fund and the disbursement and payment therefrom shall
be regulated and made in the prescribed manner.

61. On the application of this Act to any public trust or class of public
trusts  which  may  have  been  registered  under  any  of  the  Acts  specified  in
2[Schedule A] 3[or Schedule AA], 4[the State Government may direct that the
Charity Commissioner shall recover any arrears due under any such Act and]
that the amount of any fund or for the administration of public trusts constituted
under the said Act for the region or sub-region in which such public trust or class
of public trust was registered or any portion thereof  5[including the  arrears
recovered by the Charity Commissioner] shall be credited to the Public Trusts
Administration Fund constituted under this Chapter.

State
Government to
direct crediting
of funds
constituted
under any Act
in Schedule to
Public Trusts
Administration
Fund
constituted
under this
Chapter.

[ CHAPTER IX—ASSESSORS.] Deleted by Mah. 22 of 1967, s. 5.

CHAPTER X.

OFFENCES AND PENALTIES.

6[66. Whoever contravenes any provision of any of the sections mentioned
in  the  first  column  of  the  following  table  shall,  on  conviction,  for  each  such
offence, be punished with fine which may extend to the amount mentioned in
that behalf in the third column of the said table.

Penalty.

1 These words were inserted by Bom. 14 of 1951, s. 16.
2 This word and letter were substituted for the word “Schedule” by Bom. 14 of 1951, s. 17.
3 These words and letters were inserted by Bom. 6 of 1960, s. 31 (a).
4 These words were substituted for the words “the State Government may direct” by Bom. 6 of

1960, s. 31 (b).

5 These words were inserted by Bom. 6 of 1960, s. 31 (c).
6 These sections were substituted for section 66 by Mah. 20 of 2009, s. 2.

48

Maharashtra  Public  Trusts  Act

[1950 : XXIX

Explanation.—-The entries in the second column of the said table headed
“Subject  ”  are  not  intended  as  the  definitions  of  offences  described  in  the
sections mentioned in the first column or even as abstracts of those sections,
but  are  inserted  merely  as  references  to  the  subject  of  the  sections,  the
numbers of which are given in the first column :—

Section

1

TABLE

Subject

2

Fine which
may be
imposed
3

Section  18,  sub-sections
(1) and (4).

Duty of  trustee to make an  application to

Deputy  or  Assistant  Charity  Commissioner
for  registration  of  public  trust  within  time.

Rs.
10,000

Section  18,  sub-section  (7) Duty  of  trustee  to  send  memoranda

10,000

Section  22
Section  22B

of  movable  property  to  certain  officers  and
authorities  within  time.

Failure  to  report  a  change.
Failure to make an application within

10,000
10,000

the  time  provided  for.

Section  22C

Failure to send memoranda within the

10,000

time  provided  for.

Section  29

Duty of an executor  to apply for the

10,000

Section  32
Section  35

registration  of a  public trust  within
the  time  provided  for.

Duty  to  keep  regular  accounts.
Failure or omission to invest money in
  public  securities.

10,000
10,000

Section  59

Failure to pay contribution under  section 58 10,000

by a  trustee (other than  the Charity
Commissioner)  or  by  a  person  charging  or
collecting dharmada.

66A. Whoever alienates or attempts to alienate any immovable property
of  the  trust  without  the  previous  sanction  of  the  Charity  Commissioner  in
contravention of the provision of section 36 shall, on conviction, be punished
with simple imprisonment, which may extend to six months or with fine, which
may extend to rupees twenty-five thousand, or with both.

66B. Whoever fails without reasonable cause to comply with any directions
issued  under  section  41AA  shall,  on  conviction,  be  punished  with  simple
imprisonment, which may extend to three months or with fine which may extend
to rupees twenty thousand, or with both.]

1[66C. Whoever  contravenes  the  provisions  of  section  41C  shall,  on
conviction, be punished with simple imprisonment for a term which may extend
to three months or with fine, which may extend to one and half times the amound
or contribution collected without seeking prior permission under sub-section (1)
of section 41C or intimation under the proviso to sub-section (1) of section 41C,
as the case may be, or with both.].

67. Whoever contravenes any of the provisions of this Act or the rules for
which no specific penalty has been provided by this Act 2[or fails without resonable
cause  to  comply  with  any  order  passed  or  direction  issued  under  any  of  the
provisions of this Act by the Charity Commissioner, Joint Charity Commissioner
or Deputy or Assistant Charity Commissioner ] shall, on conviction, be punished
with fine which may extend to 3[Rs. 10,000].
1 This section  was inserted by Mah. 36 of 2018, s. 4.
2 These words were inserted by Bom. 6 of 1960, s. 34.
3 These letters and figures were substituted for the letters and figures “Rs. 1,000” by Mah. 20

of 2009, s. 3.

Punishment
for
contravention
of  provisions
of section 36.

Punishment for
contravention  of
provisions  of
section 41AA.

Punishment for
contravention  of
section 41C.

Other
offences.

1950 :  XXIX]

Maharashtra Public Trusts Act

1[67A.

(1)  The  officer  not  below  the  rank  of  Assistant  Charity
Commissioner  under  whose  direction  the  complaint  has  been  lodged  may,
either before or after the institution of proceedings for any offence punishable
under this Act, on receipt of composition amount, which he deems fit, having
regard to the nature of the default, past and present conduct of the accused
and  other  relevant  factors,  may  authorise  compounding  of  offence:

Provided that, the composition amount shall not exceed one-fourth of the

maximum amount of fine provided under the respective sections.

(2) The amount of composition of offences so recovered shall be credited to

the Public Trust Administration Fund.]

49

Compounding
of offence.

CHAPTER XI.

FUNCTIONS OF CHARITY COMMISSIONER, PROCEDURE,
JURISDICTION AND APPEALS.

68. For the purposes of this Act, the following shall be the duties and
functions to be performed and powers to be exercised by the Deputy or Assistant
Charity Commissioner for the region or sub-region for which he is appointed,
namely :—

(a)  to keep and maintain such books, entries and other documents as

may be prescribed under section 17 ;

Duties,
functions and
powers  of
Deputy  or
Assistant
Charity
Commi-
ssioner.

(b)  to hold an inquiry under section 19 or 22 for any of the purposes

mentioned in the said section ;

(c)  to record entries in the register kept under section 17 and to make
amendments in the said entries 2[or the cancellation of the entries ] under
section 22 ;

3[(cc) to send a memorandum under section 28A ] ;

(d)  to enter on and inspect any trust property, to call for and inspect any
proceedings of a trustee and to call for any return, statement, account or report
from trustees or any person connected with a public trust under section 37 ;

(e)  to permit inspection of any statement, notice, intimation, account,

audit note or any other document ;

4[(e-1)  to encourage and facilitate the better administration of public trust

to make them litigation free ;

(e-2)  to accept resignation of a trustee who has submitted it to the trust
and not reported by the other trustees and treat it as a report under section 22
and decide the same after making the necessary enquiry therefor ;

(e-3)  to frame or modify schemes under section 50A ;

(e-4)  to pass appropriate order and make a report under section 55].

5*

*

*

*

*

(g) to exercise such other powers and to perform such duties and functions

as may be prescribed.

1 Section 67A was inserted by Mah. 20 of 2009, s. 4.
2 These words were inserted by Mah. 39 of 1965, s. 3.
3 This clause was inserted by Bom. 6 of 1960, s. 35.
4 Clauses (e-1), (e-2), (e-3), (e-4) were inserted by Mah. 55 of 2017, s. 19.
5 Clause (f) was deleted by Mah. 22 of 1967, s. 7.

50

Duties,
functions and
powers  of
Charity
Commi-
ssioner.

Maharashtra  Public  Trusts  Act

[1950 : XXIX

69. For the purposes of this Act, the following shall be the duties to be
performed and powers to be exercised by the Charity Commissioner, namely:—
(a)   the general superintendence of the administration and carrying out

the purposes of this Act under section 3 ;

1[(b)  power to entertain and dispose of appeals from the findings of a
Deputy or Assistant Charity Commissioner under section 20, 22 or 28 and
order under sections 50A and 79] ;

(c)  power  to  determine  which  of  the  Deputy  or  Assistant  Charity
Commissioners shall proceed with an inquiry relating to the registration of
any public trust under section 25 ;

(d)  power to direct a special audit of the accounts of a public trust under

section 33 ;

(e)  power to require an auditor to forward to him a copy of a balance

sheet and income and expenditure account under section 34 ;

(f) power to permit a trustee to invest money of a public trust in any

manner other than in public securities under section 35 ;

(g) power  to  sanction  a  sale,  mortagage,  exchange,  gift  or  lease  of

immovable property belonging to a public trust under section 36 ;

(h) power to enter on and inspect any trust property, to call for and inspect
any proceedings of a trustee, and to call for any return, statement, account or
report from trustees or any person connected with a public trust under section
37 ;

(i) power to hold an inquiry in regard to any loss caused to a public trust

under section 40, and to order a surcharge under section 41 ;

(j) 2[power of the Charity Commissioner, 3* * * to act] as the Treasurer of
Charitable Endowments under the Charitable Endowments Act, 1880, under
section 43 ;

VI of
1880.

(k) power to act as trustee of a public trust ;
(l) power to file suit under section 50 ;
4* *
(m)  power  to  give or  refuse  consent  to  the  institution of  a  suit  under

section 51 ;

5(n) power to give notice to trusstees for the cypres application of the

trust, money and to pass appropriate orders for the same] ;
*

6*

*

*

*

*

(p)  to  exercise  such  other  powers  and  perform  such  other  duties  and

functions as may be prescribed.

70.

(1) An appeal 7[against the finding or order] of the Deputy or Assistant
Charity Commissioner may be filed to the Charity Commissioner in the following
cases :—

(a) the finding 8[and order, if any,] under section 20 ;
(b) the finding under section 22 ;

Appeals from
findings of
Deputy  or
Assistant
Charity
Commi-
ssioner.

1 Clause (b) was substituted by Mah. 55 of 2017, s. 20(a).
2 These  words  were  substituted  for  the  words  “  power  to  act”  by  the  Bombay  Charity

Commissioner (Regional Reorganisation) Order, 1960, Sch.

3 The  word  “Bombay”  was  omitted  by  the  Maharashtra  Adaptation  of  Laws  (State  and

Concurrent Subjects) Order, 1960.

4 Clause  (l1) was deleted by Mah. 55 of 2017, s. 20(b).
5 This clause was substituted by Mah. 55 of 2017, s. 20(c).
6 Clause (o) was deleted by Mah. 22 of 1967, s. 8.
7 These words were substituted for the words “ against the finding ” by Bom. 28 of 1953, s. 15 (i).
8 These words were inserted by Bom. 28 of 1953, s. 15 (ii).

1950 :  XXIX]

Maharashtra Public Trusts Act

51

1[(b-1) the finding under section 22A; ]

(c) the finding under section 28 ;

2[(c-1) the order under section 41C; ]

3[(c-2) the order under section 50A; ]

(d) the order under sub-section (3) of section 54 ;

4[(d-1) an order under sub-section (1) of section 79; ]

5[(e) an order confirming or amending the record under section 79AA.]

(2) No appeal shall be maintainable after the expiration of sixty days from
the  recording  of  the  finding  or  the  passing  of  the  order,  as  the  case
may be.

(3) The  Charity  Commissioner  may,  after  hearing  the  appellant  or  any
person appearing on his behalf for reasons to be recorded in writing either annul,
reverse, modify or confirm the finding or the order appealed against or he may
direct the Deputy or Assistant Charity Commissioner to make further inquiry or
to take such additional evidence as he may think necessary or he may himself
take such additional evidence.

6[70A.

(1) The Charity Commissioner may in any of the cases mentioned
in section 70, 7[either suo motu or on application] call for and examine the record
and  proceedings  of  such  case  before  any  Deputy  or  Assistant  Charity
Commissioner for the purpose of satisfying himself as to the correctness of any
finding  or  order  recorded  or  passed  by  the  Deputy  or  Assistant  Charity
Commissioner and may either annul, reverse, modify or confirm the said finding
or order or may direct the Deputy or Assistant Charity Commissioner to make
further inquiry or take such additional evidence as he may think necessary or
he may himself take such additional evidence :

Charity
Commi-
ssioner to call
for and
examine
records  and
proceeding
before  Deputy
or Assistant
Charity
Commi-
ssioner.

Provided that the Charity Commissioner shall not record or pass any orders

without giving the party affected thereby an opportunity of being heard.

(2) Nothing in sub-section (1) shall entitle the Charity Commissioner to call

for and examine the record of any case—

(a) during the period in which an appeal under section 70 can lie against
any finding recorded by the Assistant or Deputy Charity Commissioner in
such case, or

8[(b)  in  which  an  order  has  been  passed  in  an  appeal  made  under

section 70.]

9*   *

10*   *

6

1 This clause was inserted by Bom. 59 of 1954, s. 7.
2 This clause was inserted by Mah. 36 of 2018, s. 5.
3 This clause was inserted by Mah. 55 of 2017, s. 21(a).
4 This clause was inserted by Mah. 55 of 2017, s. 21(d).
5
this Clause (e) was added by Mah. 20 of 1971, s. 44.
 Section 70A was inserted by Bom. 59 of 1954, s. 8.
7 These words were inserted by Mah. 20 of 1971, s. 45.
8 Clause (b) was substituted by Mah. 55 of 2017, s. 22.
9 Section 71 was deleted by Mah. 55 of 2017, s. 23.
10 Section 72 was deleted by Mah. 55 of 2017, s. 24.
H 800—8

52

Officers
holding
inquiries to
have  powers
of civil court.

Maharashtra  Public  Trusts  Act

[1950 : XXIX

73.

In holding inquiries under this Act, the officer holding the same shall
have the same powers as are vested in courts in respect of the following matters
under the Code of Civil Procedure, 1908 in trying a suit—

V of
1908.

(a) proof of facts by affidavits,

(b) summoning and enforcing the attendance of any person and examining

him on oath,

1[(c) ordering discovery and inspection, and compelling the production of

documents,]

(d) issuing of commissions :

2[Provided that, while holding enquiry under section 22 of the Act, the
Assistant  or Deputy Charity Commissioner shall record the evidence in the
form of affidavits only subject to the cross-examinations of the deponent, if
permitted by him in appropriate case].

Power  of
inquiry  officer
to join persons
as party to
proceedings.

3[73A.

In any proceedings under this Act, any person having interest in
the public trust may be joined as a party to such proceedings on an application
made by such person on such terms and conditions as the officer holding the
inquiry may order.]

Inquiries to be
judicial
inquiries.

74. All inquiries and appeals under this Act shall be deemed to be judicial
proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal
Code.

XLV of
1860.

Charity
Commissioner,
Joint Charity
Commissioner,
Deputy  or
Assistant
Charity
Commissioner,
etc., to be civil
court  within
sections 345 and
346 the Code
Criminal
Procedure, 1973.

Limitation.

Civil
Procedure
Code to apply
to
proceedings
5[before
Court]  under
this Act.

4[74A. When the State Government so directs, the Charity Commissioner,
Joint Charity Commissioner or Director of Accounts or any Deputy or Assistant
Charity Commissioner shall be deemed to be a civil court within the meaning of
sections 345 and 346 of the Code of Criminal Procedure, 1973.]

2 of
1974.

75.

In computing the period of appeal under this Chapter, the provisions
of sections 4, 5,12 and 14 of the Indian Limitation Act, 1908, shall apply to the
filing of such appeals.

IX of
1908.

76. Save in so far as they may be inconsistent with anything contained in
this Act, the provisions of the Code of Civil Procedure, 1908, shall apply to all
proceedings before the court under this Act.

V of
1908.

1 Clause (c) was substituted by Mah. 20 of 1971, s. 47.
2 This proviso was added by Mah. 55 of 2017, s. 25.
3 Section 73A was inserted by Mah. 20 of 1971, s. 48.
4 Section 74A was substituted by Mah. 55 of 2017, s. 26.
5 These words were inserted by Bom. 6 of 1960, s. 38.

1950 :  XXIX]

Maharashtra Public Trusts Act

53

1[77. All sums payable under the provisions of this Act or rules, if not paid
shall notwithstanding anything contained in any law be recoverable as an arrear

Recovery  of
sums under the
Act and rules.

of land revenue.]

CHAPTER XII.

MISCELLANEOUS.

78. The  Charity  Commissioner,  Deputy  and  Assistant  Charity
Commissioners, 2[the Director and Assistant Director of Accounts,] Inspectors

XLV of
1860.

and other subordinate officers 3* * * appointed under this Act shall be deemed to
be public servants within the meaning of section 21 of the Indian Penal Code.

4[79.

(1) Any question, whether or not a trust exists and such trust is a
public trust or particular property is the property of such trust, shall be decided

by the Deputy or Assistant Charity Commissioner as provided by this Act.

(2) An appeal shall lie against such decision of the Assistant or Deputy

Charity Commissioner to the Charity Commissioner under section 70.]

Charity
Commissioner
and other
officers  3***
to be public
servants.

Decision  of
property  as
public trust
property.

5[79AA.

(1) Whenever any record kept in any Public Trust Registration
Office is damaged or destroyed due to any cause whatsoever and is reconstructed,
the Assistant or Deputy Charity Commissioner may by notice in the prescribed

Power  to
finalise
reconstructed
record.

form published in the Official Gazette, and also in any newspapers with wide
circulation in the region concerned, announce the fact of the reconstruction of
the record, and call upon all persons having interest in the public trusts which

are entered in such reconstructed record to show cause in writing within a period
of thirty days from the publication of the notice in the Official Gazette, why such
record should not be treated as final and conclusive. A copy of such notice may be

sent also to the trustees of such public trusts.

(2) On the expiry of the period of thirty days aforesaid, the Assistant or
Deputy  Charity Commissioner  shall, after  hearing the  trustees and  persons

having interest, if any, and after duly considering the objections and documents
produced, if any, and if necessary, after making an inquiry, record his findings
with the reasons therefor, and either confirm or amend the record including any

entries therein accordingly. The record so confirmed or amended shall, subject to
the provisions of this Act, be final and conclusive, as if such record was made or

maintained under this Act.]

1 Section 77 was substituted by Mah. 55 of 2017, s. 27.

2 These words were inserted by Mah. 20 of 1971, s. 51.

3 The words “ and Assessors ” were deleted by Mah. 22 of 1967, s. 9.

4 Section 79 was substituted by Mah. 55 of 2017, s. 28.

5 Section 79AA was inserted by Mah. 20 of 1971, s. 52.

H 800—8a

54

Recovery of
costs and
expenses
incurred on
legal
proceedings by
Charity
Commissioner,
etc.

Costs of
proceedings
before Courts
including  High
Court.

Maharashtra  Public  Trusts  Act

[1950 : XXIX

1[79A. All  costs,  charges  and  expenses  incurred  by  the  Charity
Commissioner or the Deputy or Assistant Charity Commissioner as a party to,
or in connection with, any legal proceedings in respect of any public trust shall,
notwithstanding anything contained in section 79B, be payable out of the property
or funds of the public trust, except in cases where the liability to pay the same
has  been  laid  on  any  party  or  other  person  personally  and  the  right  to
reimbursement under this section has been negatived in express terms.

79B. The costs, charges and expenses of and incidental to any suit, appeal
or application to any court including the High Court under this Act shall be in
the direction of the court, which may, subject to the provisions of section 79A,
direct the whole or any part of such costs, charges and expenses to be met from
the property or funds of the public trust concerned or to be borne and paid in
such manner and by such persons as it thinks fit.

Costs of
proceedings
before
Charity
Commi-
ssioner,  etc.

79C. The costs, charges and expenses of and incidental to any appeal,
application or other proceeding, before the Charity Commissioner or the Deputy
or Assistant Charity Commissioner shall be in his discretion and he shall have
full power to determine by whom or out of what property or funds and to what
extent such costs, charges and expenses are to be paid.

Compensatory
costs  for
frivolous  or
vexatious
proceedings
before
Charity
Commi-
ssioner,  etc.

2[79CC.

(1) 3[If in an inquiry under the provisions of this Act, the Charity
Commissioner or the Deputy or Assistant Charity Commissioner is of opinion
that the application on which such inquiry was commenced was either frivolous
or  vexatious,  the  Charity  Commissioner,  the  Deputy  or  as  the  case  may  be,
Assistant Charity Commissioner], may at the request of the person against whom
such application was made (hereinafter referred to as “ the opponent”) call upon
the person making the application (hereinafter referred to as “ the applicant”) to
show cause why the applicant should not pay compensation to the opponent and
if the applicant is not present, direct the issue of a summons to him to appear
and show cause aforesaid.

(2)  If  the  Deputy  or  Assistant  Charity  Commissioner  or  the  Charity
Commissioner, as the case may be, is satisfied that the application was either
frivolous or vexatious he may, after recording reasons, order that compensation
to such amount not exceeding 4[five hundred rupees] as he may determine be
paid by the applicant to the opponent.

5[(3) An appeal shall lie against an order awarding compensation under
sub-section (2) if made by the Deputy or Assistant Charity Commissioner to the
Charity  Commissioner  whose  decision  shall  be  final  and  the  provisions  of
section 70 shall apply to such appeal.]

Court fee to
be paid as
prescribed  by
Schedule ‘B’.

79D. Notwithstanding anything contained in the Court-fees Act, 1870,
the documents described in columns 1 and 2 of Schedule B hereto shall bear a
Court-fee stamp of the value specified in column 3 thereof.]

VII of
1870.

1 Sections 79A to 79D were inserted by Bom. 14 of 1951, s. 22.

2 Section 79CC was inserted by Bom. 28 of 1953, s. 17.

3 This portion was substituted for the portion beginning with the words “ If in an inquiry” and

ending with the words “as the case may be” by Mah. 20 of 1971, s. 53(1).

4 These words were substituted for the words “ two hundred and fifty rupees ” by Mah. 20 of

1971, s. 53 (2).

5 Sub-section (3) was substituted by Mah. 55 of 2017, s. 29.

1950 :  XXIX]

Maharashtra Public Trusts Act

80. Save  as  expressly  provided  in  this  Act,  no  Civil  Court  shall  have
jurisdiction to decide or deal with any question which is by or under this Act
to be decided or dealt with by any officer or authority under this Act, 1[and in
respect of] which the decision or order of such officer or authority has been made
final and conclusive.

55

Bar of
jurisdiction.

81.

2* * No suit, prosecution or other proceeding shall be instituted against
the State Government or any officer or authority 3[or representative of the Charity
Commissioner] in respect of anything in good faith done or purporting to be done
under this Act.

Indemnity
from suits
and
proceedings.

*

4*
*
5[82. No court inferior to that of a Metropolitan Magistrate or a Judicial

*

*

*

*

Magistrate of the First Class shall try an offence punishable under this Act.]

83. No  prosecution  for  an  offence  punishable  under  this  Act,  shall  be

instituted without the previous sanction of the Charity Commissioner.

Trial of offences
under this Act.

Previous
sanction of
Charity
Commissioner
necessary  for
prosecution.

84.

(1) The State Government may make rules for the purpose of carrying

Rules.

into effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing
provision,  such  rules  may  be  made  for  all  or  any  of  the  following  matters,
namely :—

(a) the manner  of publishing the notification  under sub-section (4) of

section 1;

6[(aa) the qualifications of the Director, and Assistant Directors of Accounts

appointed under section 6 ; ]

(b) the powers, duties and functions of the officers other than the Charity
Commissioner, Deputy and Assistant Charity Commissioners appointed under
this Act in addition to those provided for in this Act ;

(c)  the  powers,  duties  and  functions  of  assessors  in  addition  to  those

provided for in this Act ;

(d) the limits of regions and sub-regions to be prescribed under sub-section

(1) of section 14 ;

(e) the books, indices and registers to be kept and maintained in Public
Trusts Registration Office and the particulars to be entered in such books,
indices and registers under section 17 ;

(f) the form in which an application for the registration of a Public Trust
is to be made and the fee to be paid for the same, the other particulars to be
entered therein and the manner in which an application for such registration
to be signed and verified and the value and kind of trust property in respect of
which it shall not be necessary to give particulars under section 18 ;

(g) the manner in which an inquiry has to be made by the Deputy or

Assistant Charity Commissioner under sections 19 and 39 ;

1 These words were substituted for the words “or in respect of ” by Mah. 20 of 1971, s. 54.
2 The brackets and figures “(1)” were deleted by Mah. 20 of 1971, s. 55 (1).
3 These words were inserted by Mah. 8 of 1985, s. 5.

4 Sub-section (2) was deleted by Mah. 20 of 1971, s. 55 (2).
5 Section 82 was substituted by Mah. 55 of 2017, s. 30.
6 This clause was inserted by Bom. 6 of 1960, s. 39 (a).

56

Maharashtra  Public  Trusts  Act

[1950 : XXIX

(h) the form in which the 1[trustee] has to make a report regarding the
change 2[under  sub-section  (1),  and  the  manner  of  holding  inquiry  under
sub-section (2) of section 22];

(i)  the  book  in  which  the  Deputy  or  Assistant  Charity  Commissioner

shall make an entry under section 23;

3[(j) the form of memorandum to be sent by trustees and Deputy and
Assistant Charity Commissioners for registration 4[and the manner in which
the memorandum shall be signed and verified ;]

5[(j-1) the inquiry to be made under sub-section (1) of section 28;
(j-2) the amount of annual income of a public trust exceeding which it is
liable to prepare and submit budget, and the form or forms of such budget,
under sub-section (1) of section 31A ;]

(k) the particulars to be entered in the accounts under sub-section (2) of

section 32 and the fee to be paid for special audit under section 33 ;

6[(k-1) the manner of payment of expenses under sub-section (5) of section

41B ;]

7*

*

 *

 *

 *

8[(m-1) the  manner of making  an application under  sub-section (1)  of

section 50A;]

(n) the form of account to be submitted under sub-section (2), and the

manner of passing order under sub-section (3) of section 54 ;

9*

*

 *

 *

 *

10[(o-1) the conditions and restrictions subject to which the committee

shall deal with property under sub-section (2) of section 56E ;

(o-2)  the  honorarium  or  fees  and  allowances  to  be  paid  to  chairman,
treasurer  and  members  of  a  committee  under  sub-section  (2)  of  section
56I 11[and the manner in which] such honorarium, or fees and allowances
shall be paid ;

(o-3) the interval at which a committee shall meet and the procedure it

shall follow under section 56J;

(o-4) the  terms and  conditions as  to service  on which  secretaries and

officers of a committee are appointed under section 56M 12*

*

 *

 *;

13[(o-5)  the  manner  in  which  the  custody  and  investment  of,  and  the
disbursement  and  payment  from  the  Management  Fund  and  the  audit  of
accounts of the Fund shall be regulated under section 56QQ ;]

1 This  word  was  substituted  for  the  words  “Deputy  or  Assistant  Charity  Commissioner”  by

Bom. 47 of 1950, s.4.

2 These words, brackets and figures were substituted for the words and figures “under section

22” by Mah. 20 of 1971, s. 56 (1).

3 Clause (j) was inserted by Bom. 23 of 1955, s. 9.
4 These  words  were  substituted  for  the  portion  beginning  with  the  words  “in  the  registers”

and ending with the words “from such registers” by Bom. 6 of 1960, s. 39 (b).

5 Clauses (j-1) and (j-2) were inserted by Mah. 20 of 1971, s. 56(2).
6 Clause (k-1) was inserted by Mah. 20 of 1971, s. 56(3).
7 Clauses (l-1) and (m) were deleted by Mah. 20 of 1971, s. 56(4).
8 This clause was inserted by Bom. 6 of 1960, s. 39(c).
9 This clause (o) was deleted by Mah. 55 of 2017, s. 31(a).
10 These clauses were inserted by Bom. 6 of 1960, s. 39(d).
11 These words were substituted for the words “and the fund out of which” by Mah. 6 of 1964,

s. 7(a).

12 The words “and the fund out of which their salary and allowances shall be paid” were deleted

by Mah. 6 of 1964, s. 7(b).

13 Clause (o-5) was inserted, by Mah. 6 of 1964 s. 7(c).

1950 :  XXIX]

Maharashtra Public Trusts Act

57

(p) the date on which and the manner in which 1[every public trust shall
pay the annual contribution under section 58] 2[and the deductions to be allowed
under  the explanation to  sub-section (1) and  the  manner  of  obtaining  the
decision of the State Government on whether or not a trust falls in any of the
exempted class of public trusts under sub-section (2) of that section] and the
manner in which the custody and investment of and the disbursement and
under
payment 
section 60 ;

be  made 

from, 

shall 

fund 

such 

*
*

3* *
* *
(s)  the  other  powers,  duties  and  functions  to  be  exercised  and
performed  by  a  Deputy  or  Assistant  Charity  Commissioner  under
section 68 ;

*
*

*
*

*
*

*
*

(t) the other powers, duties and functions to be exercised and performed

by the Charity Commissioner under section 69 ;

4* *
(v) the custody and investment of the money to be credited to the Public

*

*

*

*

*

Trusts Administration Fund and the disbursement and payment therefrom ;

5[(v-1)  the  form  of  notice  in  respect  of  reconstructed  record  under

sub-section (1) of section 79AA ;]

(w) any other matter which is to be or may be prescribed under this Act.
(3) All rules made under this section shall be subject to the condition of

previous publication.

6[(4) Every rule made under this section shall be laid, as soon as may be
after it is made before each House of the State Legislature while it is in session
for a total period of thirty days which may be comprised in one session or in two
successive sessions and if before the expiry of the session in which it is so laid or
the session immediately following both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made and notify
such  decision  in  the Official  Gazette, the  rule  shall  from  the  date  of  such
notification have effect only in such modified form or be of no effect, as the case
may be ; so however, that any such modification or amendment shall be without
prejudice to the validity or anything previously done or omitted to be done under
that rule.]

XX of
1863.

(1) The Religious Endowments Act, 1863, is hereby repealed.

85.
(2) 7[On the date of the application] of the provisions of this Act to any
public  trust  or  class  of  public  trusts  under  sub-section (4) of  section  1
8[(hereafter in this section referred to as the said date)] the provisions of the Act
specified in 9[Schedule A] which apply to such trust or class of trusts shall cease
to apply to such trust or class of trusts.

Repeal.

1 These words were substituted for the words “ and the amount of contribution which every

public trust shall pay annually under section 58” by Mah. 35 of 1977, s. 6.

2 This portion was inserted by Mah. 29 of 1962, s. 3 (a).
3 Clauses (q) and (r) were deleted by Mah. 22 of 1967, s. 10.
4 Clause (u) was deleted by Mah. 55 of 2017, s. 31(b).
5 Clause (v-1) was inserted by Mah. 20 of 1971, s. 56(5).
6 Sub-section (4) was added by Mah. 29 of 1962, s. 3(6).
7 These  words  were  substituted  for  the  words  “  On  the  application”  by  Bom.  28  of  1953,

s. 18 (1)(a).

8 These brackets and words were inserted by Bom. 28 of 1953, s. 18 (1)(b).
9 The  words  and  letter  were  substituted  for  the  words  “  the  Schedule”  by  Bom.  14  of

1951, s. 17.

58

Maharashtra  Public  Trusts  Act

[1950 : XXIX

(3) 1[Save as otherwise provided in this section such repeal] or cessation shall

not in any way affect—

(a) any right, title, interest, obligation or liability already acquired, accrued

or incurred before 2[the said date],

(b) any legal proceedings or remedy in respect of such right, title, interest,

obligation  or  liability,  or

(c) anything  duly done or suffered  before 2[the said  date].

3[(4) Notwithstanding anything contained in sub-section (5) all proceedings
pending before any authority under the Mussalman Wakf Act, 1923 (as amended
by the Mussalman Wakf (Bombay Amendment) Act, 1935), the Bombay Public
Trusts Registration Act, 1935, or the Parsi Public Trusts Registration Act, 1936,
immediately before the said date shall be transferred to the Charity Commissioner
and any such proceedings shall be continued and disposed of by the Charity
Commissioner or the Deputy or Assistant Charity Commissioner as the Charity
Commissioner  may  direct.  In  disposing  of  such  proceedings  the  Charity
Commissioner,  the  Deputy  Charity  Commissioner  or  the  Assistant  Charity
Commissioner, as the case may be, shall have and exercise the same powers
which were vested in and exercised by the Court under the Mussalman Wakf
Act, 1923 (as amended by the Mussalman Wakf (Bombay Amendment) Act, 1935
and by the Registrars under the Bombay Public Trusts Registration Act, 1935),
and the Parsi Public Trusts Registration Act, 1936, and shall pass such orders as
may be just or proper.

(5) All records maintained by the authority or Court under any of the Acts
referred to in sub-section (4) shall be transferred to the Charity Commissioner
or to the Deputy or Assistant Charity Commissioner as the Charity Commissioner
may direct.]

4[86.

(1) On the commencement of this Act in that area of the State to which
it is extended by the Bombay Public Trusts (Unification and Amendment) Act,
1959 —

(i) the Religious Endowments Act, 1863, as in force in the Saurashtra and

Kutch areas of the State,

(ii) the Madhya Pradesh Dharmadaya Funds Act, 1951, as in force in the

Vidarbha Region of the State, and

(iii) any law relating to public trusts to which Chapter VII-A applies, to the

extent to which it corresponds to the provisions of this Act,

shall stand repealed.

(2) On the date of application of the provisions of this Act to any public trust
or class of public trusts under sub-section (4) of section 1 (hereinafter in this
section referred to as the said date), the provisions of the Acts specified in Schedule
AA which apply to such trust or class of trusts shall cease to apply thereto.

(3) Save as otherwise provided in this section, such repeal or cessation shall

not in any way affect—

(a) anything duly done or suffered under the laws hereby repealed or ceasing

to apply before the said date ;

1 These words were substituted for the words “ Such repeal” by Bom. 28 of 1953, s. 18 (2) (a).
2 These words were substituted for the words “ the date of the application of this Act,” by Bom.

28 of 1953, s. 18(2)(b).

3 Sub-sections (4) and (5) were added by Bom. 28 of 1953, s. 18 (3).
4 These sections were added by Bom. 6 of 1960, s. 40.

XLII of
1923.
Bom.
XVIII of
1935.
Bom.
XXV of
1935.
Bom.
XXIII of
1936.

XLII of
1923.
Bom.
XVIII of
1935.
Bom.
XXV of
1935.
Bom.
XXIII of
1936.

Bom. VI
of 1960.

XX of
1863.

M. P.
Act
XVIII of
1951.

Further
repeals and
savings
consequent on
commence-
ment of Bom.
XXIX of 1950 in
other areas of
State.

1950 :  XXIX]

Maharashtra Public Trusts Act

59

(b) any right, title, interest, obligation or liablity already acquired, accrued
or incurred before the said date under the laws hereby repealed or ceasing to
apply ;

(c) any legal proceedings or remedy in respect of such right, title, interest,

obligation or liability :

Provided that, if on the said date, any legal proceeding in respect of any
public trust is pending before any court under any enactment specified in Schedule
AA to which the State Government, Commissioner, Registrar or any officer of
the State Government is a party, the Charity Commissioner, shall be deemed to
be substituted in those proceedings for the State Government, Commissioner,
Registrar or as the case may be, the officer, and such proceedings shall be disposed
of by such court:

Provided further that, every proceeding pending before any criminal court
under the Madhya Pradesh Dharmadaya Funds Act, 1951 shall abate on the
repeal of that Act under sub-section (1).

M. P. Act
XVIII of
1951.

(4) Notwithstanding anything contained in sub-section (3), all proceedings
pending immediately before the said date before any authority (other than a
court) under any enactment specified in Schedule AA shall be continued and
disposed of 1[by such authority] under that enactment as if the Bombay Public
Trusts (Unification and Amendment) Act, 1959, had not been passed.

Bom. VI
of 1960.

(5) Notwithstanding the cessation of any enactment specified in Schedule
AA all arrears of contributions and other sums payable under any such enactment
shall  be  recoverable  under  the  provisions  of  this  Act,  as  if  they  had  been
recoverable under the provisions of this Act.

M. P.
Act. XXX
of 1951.

(6) All records maintained by Registrars under the Madhya Pradesh Public
Trusts Act, 1951, shall be transferred to the Charity Commissioner or to the
Deputy or Assistant Charity Commissioner as the Charity Commissioner may
direct.

87. Nothing contained in this Act shall apply to—

(a)   those Wakfs in certain areas of the State to which the provisions of

the Wakf Act, 1954, have continued to apply ; or

(b) the Nanded Gurudwara, the administration of which is governed by
the Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act,
1956.

XXIX of
1954.

Hyd. of
XXXVII
of 1956.

88.

If  any  difficulty  arises  in  giving  effect  to  the  provisions  of  this
Act,  the  State  Government  may  by  an  order  published  in  the Official
Gazette, do  anything  not  inconsistent  with  the  provisions  of  this  Act
which  appears  to  it  to  be  necessary  or  expedient  for  the  purpose  of
removing the difficulty.]

1 These words were inserted by Mah. 20 of 1971, s. 57.

(G.C.P.) H 800—9 (2068—1-2019)

Act not to
apply to
certain wakf
to which Act
XXIX of 1954
applies or to
Gurudwara
governed by
Hyderabad
Act  XXXVII
of 1956.

Provision  for
removal of
difficulties.

60

Maharashtra  Public  Trusts  Act

[1950 : XXIX

1[SCHEDULE  A]

(See sections 28, 61 2*and 85)

1. The Charitable and Religious Trusts Act, 1920.

2. The MussalmanWakf Act, 1923, as amended by Bombay Act XVIII of 1935.

3. The Bombay Public Trusts Registration Act, 1935.

4. The Parsee Public Trusts Registration Act, 1936.

5. The Baroda Public Institutions Act (Baroda Act No. VI of Samvat 1961).

6. The Religious Endowments Act, 1863 as applied to the Jamkhandi State

in 1890.

7. The  Deosthan  Rules,  1912  of  the  Jamkhandi  State  as  amended  by

Jamkhandi Act No. 1 of 1948.

XIV of
1920.

XLII of
1923.

Bom.
XXV of
1935.

Bom.
XXIII of
1936.

XX of
1863.

3[ SCHEDULE  AA

1. The Charitable and Religious Trusts Act, 1920, in its application to the
areas  of  the  State  other  than  the  area  comprised  in  the  pre-
Reorganisation  State  of  Bombay.

XIV of
1920.

2. The Savantwadi Devasthan Act, 1932.

3. The  (Hyderabad)  Endowment  Regulation,  1349,  Fasli.

4. The Madhya Pradesh Public Trusts Act, 1951.]

M. P.
Act.
XXX of
1951.

1 This word and letter were substituted for the word “ Schedule ” by Bom. 14 of 1951, s. 23.
2 The comma and figures “64” were deleted by Bom. 21 of 1954, s. 3, Second  Schedule.
3 This Schedule was inserted by Bom. 6 of 1960, s. 41.

1950 :  XXIX]

Maharashtra Public Trusts Act

61

1[SCHEDULE-B

(See section 79D)

Section
(1)

Description of  Documents
(2)

Value
(3)

18(1) Application for the registration of a public trust.

Rs. 100

22(1) Report  of  any  change  or  proposed  change  in  any  of  the

Rs. 100

entries  recorded  in  the  register  kept  under  section  17.

25(1) Application of any person having interest in a public trust
to  the  Charity  Commissioner  to  determine  which  of  the
Deputy or Assistant Charity Commissioner shall proceed
with  an  inquiry  under  section  19  or  22  in  regard  to  any
public  trust.

Rs. 100

29 Application  by  the  executor  of  a  Will  for  the  registration

Rs. 100

of a public trust created by such Will.

35 Application  for  permission  of  Charity  Commissioner  for

investing trust money in any other manner—

(a) where  the  amount  to  be  invested  does  not  exceed  Rs.

Rs. 50

5,000 ;

(b) where the amount to be invested exceeds Rs. 5,000 but

Rs. 100

does not exceed Rs. 15,000 ;

(c) in  any  other  case  where  the  amount  to  be    invested

Rs. 150

exceeds Rs. 15,000.

36(1) Application  for  sanction  of  the  Charity  Commissioner

for—

(a) sale,  exchange or  gift of  an immovable  property—

(i) where  the  value  of  the  property  involved  does

Rs. 50

not exceed Rs. 5,000 ;

(ii) where  the  value  of  the  property  involved  exceeds

Rs. 100

Rs. 5,000 but does not exceed Rs. 15,000;

(iii) in  any  other  case  where  the  value  of  the  property

Rs. 250

involved  exceeds  Rs.  15,000.

(b) Lease  of  immovable  property—

(i) where  the  average  annual  rent  recovered  does  not

exceed Rs. 500 ;

(ii) where  the  average  annual  rent  recovered  exceeds

Rs. 500 but does not exceed Rs. 1,000 ;

Rs. 25

Rs. 50

(iii) in  any  other  case  where  the  average  annual  rent

Rs. 100

recovered  exceeds  Rs.  1,000.

1 This Schedule was substituted by Mah. 49 of 2005, s. 4.

H 800—9a

62

Maharashtra  Public  Trusts  Act

[1950 : XXIX

SCHEDULE-B

(See section 79D)

Section
(1)

Description of Documents
(2)

Value
(3)

(c) Authorising  trustees  to  dispose  of  immovable

property—
(i) where  the  value  of  the  property  involved  does  not

Rs. 25

exceed Rs. 5,000 ;

(ii) where  the  value  of  the  property  involved  exceeds

Rs. 100

Rs. 5,000 but does not exceed Rs. 15,000 ;

(iii) in  any  other  case  where  the  value  of  the  property

Rs. 150

involved  exceeds  Rs.  15,000.

36(2) Application for revocation of sanction given by the Charity
Commissioner under clause (a) or (b) of sub-section (1) of
section  36.

Rs. 100

36A(3) Application  by  a  trustee  to  borrow  money—

(i) where  the  amount  to  be  borrowed  does  not

Rs. 25

exceed Rs. 5,000;

(ii) where the amount to be borrowed exceeds Rs. 5,000

Rs. 100

but does not exceed Rs. 15,000 ;

(iii) in any other case where the amount to be borrowed

Rs. 150

exceeds Rs. 15,000.

41B(1) Application  containing  a  complaint  by  a  person  having

interest in a public trust to institute an inquiry.
41D(1) Application  for  removal  or  dismissal  of  a  trustee.
41E(1) Application  for  temporary  injunction  for  the  purposes

Rs. 100

Rs. 100
Rs. 100

specified  in  section  41E(1).

47(1) Application  under  sub-section (1) of  section  47.
47(5) Appeal to the High Court.
50A Application  to  the 1[Assistant  or  Deputy  Charity

Rs. 100
Rs. 100
Rs. 100

Commissioner] for framing or modifying a scheme.
51(1) Application to the Charity Commissioner for consent to

file a suit of the nature specified in section 50.

Rs. 100

2[51(2) Appeal  to  the  Court  against  the  decision  of  the  Charity

Rs. 100]

Commissioner.

55 Application  to  the 3[Assistant  or  Deputy  Charity

Rs. 100

commissioner] for directions.

4 *   *

59(3) Appeal to the State Government against the order of the
Charity  Commissioner  for  the  payment  of  contribution
by    a  bank  or  person  from  the  money  standing  to  the
credit of the public trust with such bank or person.

   Rs. 100

1 These words were substituted for the words “ Charity Commissioner ” by Mah. 55 of 2017, s

32(a).

2 This entry was inserted by Mah. 55 of 2017, s 32(b).
3 These words were substituted for the words “ Court ” by Mah. 55 of 2017, s 32(c).
4 This entry was deleted by Mah. 55 of 2017, s 32(d).

1950 :  XXIX]

Maharashtra Public Trusts Act

63

SCHEDULE-B

(See section 79D)

Section
(1)

Description of Documents
(2)

70(1) Appeal  to  the  Charity  Commissioner  against  the  finding
of  Deputy  or  Assistant  Charity  Commissioner  under
sections  20,  22  or  28 1[or  order  under  section  50A,
sub-section (3)  of  section  54  and  sub-section  (1)  of
section 79].

Value
(3)

Rs. 100

70A Application under section 70A.

Rs. 100

2*   *

3*   *

4*   *

73A Application  by a  person  having interest  in  a public  trust
for  joining  as  a  party  to  proceedings  under  this  Act.
Mukhtaranama or Vakalatnama when  presented  for  the
conduct  of  any  inquiry,  appeal  or  other  proceeding  to
the  Charity  Commissioner  or  the  Deputy  or  Assistant
Charity Commissioner.

Rs. 10

Rs. 10

Application  to  the  Charity  Commissioner  or  the  Deputy
or  Assistant  Charity  Commissioner  for  copies  under
the Act.

Rs. 5

Any other application or petition presented to the  Charity
Commissioner  or  the  Deputy  or  Assistant  Charity
Commissioner.

Rs. 10.]

1 These  words,  brackets  and  figures  were  substituted  for  the  words,  brackets  and  figures

 “ or order under sub-section (3) of section 54 ” by Mah. 55 of 2017, s. 32(e).

2 This entry was deleted by Mah. 55 of 2017, s. 32(f).
3 This entry was deleted by Mah. 55 of 2017, s. 32(g).
4 This entry was deleted by Mah. 55 of 2017, s. 32(h).

Government Central Press Mumbai

1950 : XXIX]

Maharashtra  Public  Trusts  Act

Maharashtra  Government Publications
can  be  obtained  from—

·  THE  DIRECTOR

GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS
MAHARASHTRA STATE
Netaji  Subhash  Road,
MUMBAI  400  004.
Phone  :  2363  26  93 2363  06  95
2363  40  49

  2363  11  48

·  THE  MANAGER

GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco  Press  Area,  Near  G.P.O.
PUNE  411  001.
Phone  :  61  25  808

61  28  920

·  THE  MANAGER

GOVERNMENT PRESS AND BOOK DEPOT
Civil  Lines,
NAGPUR  440  001.
Phone  :  52  26  15

·  THE  ASSTT.  DIRECTOR

GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
Shaha  Ganj,  Near  Gandhi  Chowk
AURANGABAD  431  001.
Phone  :  33  14  68

·  THE  MANAGER

GOVERNMENT PRESS AND STATIONERY STORE
Tarabai  Park,
KOLHAPUR  416  003.
Phone  :  65  03  95,  65  04  02

AND THE RECOGNISED BOOKSELLERS