1999 Supreme(Bom) 152

IN THE HIGH COURT OF BOMBAY
(AURANGABAD BENCH)
B.H. Marlapalle, J.
Suresh s/o Ramniwas Mantri another ..... Petitioners.
Versus
Mohd. Iftequaroddin s/o Mohd. Badroddin ..... Respondent.
Civil Revision Application No. 4 of 1999, decided on 26-2-1999.
Advocates appeared :
S.R. Barlinge, for petitioners.
B.P. Agrawal, for respondent/Caveator.

Headnote:Section 2(13)-Existence of public trust-Filing of suit for permanent injunction, opposition of name on preliminary ground-Bar of jurisdiction civil Court under Section 80, CPC-Constitute trust registration is not only the factor, unless enquiry held under Sections 19 and 20, completed by Commissioner-Pendency of application-Bar of Section 80 not applicable.-In the case at hand, admittedly, an application under Section 18 of the Trusts Act has been submitted by the plaintiff and the said application has been registered as Inquiry No. 230/098. The enquiry as required under Section 19 of the Trust Act, has not yet been completed and further order, as required under Section 20 of the said Act, has not yet been passed Section 18 provides for the procedure to supply for registration of a Public Trust and Section 19 provides for enquiry being carried out for registration.

       It is thus clear that a society registered under the Societies Registration Act, 1860 is not to be held a Public Trust suo mota even though the same has been formed either for religious or charitable purposes or for both. Even on perusal/ consideration of the Byelaws of a particular society, registered under the Societies Registration Act, the trial Court comes to a conclusion that the society has been formed either for religious or charitable purposes or for both, the society would not be deemed to be a Public Trust and it cannot fall within the meaning of Section 2(13) of the Trusts Act. An enquiry as to whether the trust is formed either for religious or charitable purposes or for both, is required to be conducted under Section 19, by the Deputy or Assistant Charity Commissioner on an application submitted under Section 18 and on his satisfaction, after conducting such an enquiry, he records his findings, as required under. Section 20 of the Trusts Act. Thus enquiry that a society is formed either for religious or charitable purposes or for both has to be conducted only by the Deputy or Assistant Charity Commissioner under Section 19 of the Trusts Act and no other authority is empowered to conduct such an enquiry when a special statute stipulates that a particular act has to be done in a prescribed manner and in a particular process, it ought to be done in that manner alone. When the Trusts Act provides that the enquiry is required to be conducted in the prescribed manner by the designated authority, the enquiry is required to be done only in that manner and by that authority and none else. Therefore, such an enquiry cannot be conducted by a Civil Court. The application submitted by the plaintiff trust under Section 18 is still awaiting enquiry under Section 19 and the findings as required under Section 20 of Trusts Act, have yet to be recorded. Unless this procedure is completed and a certificate under Rule 8 of the Bombay Public Trusts Rules, 1951 is issued, after completion of such an enquiry, it cannot be held that the society is formed either for religious or charitable purpose or for both for the purposes of the Trusts Act. It is, therefore, clear that a society registered under the Societies Registration Act will come within the ambit of the term Public Trust only after it has received a certificate or registration under Rule 8 of the Bombay Company Trusts Rules 1951, on completion of the enquiry under Section 19 and an order is passed under Section 20 of the Trusts Act. This is yet to be done in the instant case and, therefore, submissions of the learned counsel for the petitioners that the plaintiff society is a Public Trust, as defined under Section 2(13), is devoid of merits.

       237 - Sections 2(13), 18, 19, 20 and 80. Bombay Public Trust Rules, 1951, Rule 8-Applicability of bar under Section 80 of Trust Act-Only to such registered societies which contemplate provisions of Sections 18, 19 and 20 of the Act-And duly registered under Rule 8 of Trust Rules Held, Bar is not applicable to bodies not coming within purview of Section o2(13) of the Trust Act.

       [Suresh Ramniwas Mantri and another v. Mohd. Iftequaroddin, 1999 MCR 307 (Bom)].

       Sections 2(13), 18 and 20, and Bombay Public Trusts Rules, 1951, Rule 8-For a society registered under the Societies Registration Act to come within ambit of "Public Trust" it is only after it has received a Certificate of Registration under Rule 8 of Bombay Public Trusts Rules on completion of enquiry under Section 19 by prescribed authority and on passing of order under Section 20 of the Bombay Public Trusts Act-In such a case bar of Section 80 of Trusts Act will not be applicable.-A society registered under the Societies Registration Act, 1860 is not to be held a Public Trust suo motu even though the same has been formed either for religious or charitable purposes or for both. Even on perusal! consideration of the Bye-laws of a particular society, registered under the Societies Registration Act, the trial Court comes to a conclusion that the Society is formed either for religious or charitable purposes or for both the society would not be deemed to be a public trust and it cannot fall within the meaning of Section 2(13) of the Bombay Public Trusts Act which defined the term public trust. An enquiry as to whether the trust is formed either for religious or charitable purposes or for both, is required to be conducted under Section 19, by the Deputy or Assistant Charity Commissioner on an application submitted under Section 18 and on his satisfaction, after conducting such an enquiry, he records his findings, as required under Section 20 of the Trusts Act. Thus, enquiry - that a society is formed either for religious or charitable purposes or for both has to be conducted only by the Deputy or Assistant Charity Commissioner under Section 19 of the Bombay Public Trusts Act and no other authority is empowered to conduct such an enquiry. When a special statute stipulates that a particular act has to be done in a prescribed manner and in a particular process, it ought to be done in that manner alone. When the Bombay Public Trusts Act provides that the enquiry is required to be conducted in the prescribed manner by the designated authority, the enquiry is required to be done only in that manner and by that authority and none else. Therefore, such an enquiry cannot be conducted by a Civil Court. Unless required procedure is completed and a certificate under Rule 8 of the Bombay Public Trusts Rules, 1951 is issued, after completion of such an enquiry to such society it cannot be held that the society is forfeited either for religious or charitable purposes or for both for the purposes of the Trusts Act. It is, therefore, clear that a society registered under the Societies Registration Act will come within "the ambit of the term "Public Trust" only after it has received a certificate of registration under Rule 8 of the Bombay Public Trusts Rules, 1951, on completion of the enquiry under Section 19 and an order is passed under Section 20 of the Trusts Act. Till the society is a public trust as defined under Section 2(13) of the Trusts Act, the Bar of Section 80 of the Act will not operate.

       Section 9-A-See Bombay Public Trusts Act, 1950, Sections 2(13), 18, 19, 20 and 80.