BOMBAY PUBLIC TRUSTS ACT, 1950
(1) This Act may be called the Bombay Public Trusts Act, 1950.
(2)It shall extend to the whole of the State of Gujarat.
(3) This Act shall come into force at once but the provisions there of shall apply to a public trust or any classof public trusts on the date specified in the notification under sub-section (4).
(4)TheStateGovernment may,bynotification in the Official Gazette, specify the date on which the provision of this Act shall apply to any public trust or any 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 direct that from the date specified therein any public trust or class of public trusts shall be exempt from the provisi
In this Act,unless there is anything repugnant in the subject or context,- (1) "assessor';means person appointed as an assessor under section 7;
(2) ''Assistant Commissioner"means an Assistant Charity Commissioner appointed under section 5;
(3) "Charity Commissioner" means the Charity Commissioner appointed under section 5;
(4) "Court" means inthe GreaterBombay, the City Civil Court and elsewhere the District Court.
(5) "Deputy Charity Commissioner" meansthe Deputy Charity Commissioner appointed under section.
(6) "Hindu"includes Jain, Buddhist and Sikh.
(7) "Inspector"means an Inspector appointed under section 6;
&n
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.
In the application of this Act to that part of the State of Gujarat to which it extends any reference therein by whatever form of words- (1) to the State or the State Government or the High Court shall be construed as a reference to theState,the Governmentor the High Court of Gujarat.
(2)to the BombayRevenue Tribunalshallbeconstrued as a reference to the Gujarat Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957, (XXI of 1958).]
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 throughout the State : Provided that on and after the commencement of the Bombay Charity Commissioner (Regional Reorganisation) Order, 1960 (Bom. XXI of 1960), made under the Bombay Statutory Corporations (Regional Reorganisation) Act, 1950, the State Government of Bombay may, by notification in the Official Gazette, appoint separate Officers to be called the Charity Commissioner, Bombay and the Charity Commissioner, Gujarat whose jurisdiction shall extend over the Maharashtra region and the Gujarat region, respectivel
-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 to such general or special order 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.
The Bombay Public Trusts Act, 1950, was enacted to regulate the administration of public trusts in the state of Maharashtra, India. It aims to ensure transparency, accountability, and proper management of public charitable and religious trusts. Section 3(a) is pivotal as it defines the term "public trust," which is foundational for the application of the Act.
Section 3(a) of the Bombay Public Trusts Act, 1950, defines a "public trust" as any trust created for a public purpose, which includes charitable and religious purposes. This definition is crucial for determining the scope and applicability of the Act.
The scope of Section 3(a) extends to all trusts that serve a public purpose, thereby encompassing a wide range of charitable and religious activities. This section lays the groundwork for the legal framework governing public trusts in Maharashtra.
While Section 3(a) itself does not prescribe punishment, violations related to the registration and management of public trusts can lead to penalties under other sections of the Act, such as mismanagement or failure to comply with the registration requirements.
This commentary provides a comprehensive overview of Section 3(a) of the Bombay Public Trusts Act, 1950, highlighting its significance in the legal framework governing public trusts in Maharashtra.
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, or
(b) who has been for not less than ten years- (i) an advocate enrolled under the Indian Bar Councils Act, 1926, (XXXVIII of 1926). (ii)an attorney of High Court, or (iii) a pleeder enrolled under the Bombay Pleaders Act, 1920, (Bom. XVII of 1920).
(1) The State Government may also appoint such number of Deputy and Assistant Charity Commissioners for such regions or sub-regions or for such public trust or such class of public trusts as may be deemed necessary.
(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 (SeniorDivision)or a Judge of the Court of Small Causes of Bombay or any office which in the opinionof theState 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, (XXXVIII of 1926).
(ii)an attorney of a High Court, or
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 Sub-ordinate officers and assign to them such powers, duties and functions under this Act, as may be deemed necessary: 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, the Joint Charity Commissioner and the Deputy and Assistant Charity Commissioners powers to appoint subordinate officers and servants as may be specified in the order.
The Charity Commissioners, the Joint Charity Commissioner, Deputy and Assistant Charity Commissioner, 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 service of such officers shall be such as may be determined by the State Government.
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, the Joint Charity Commissioner, the Deputy and Assistant Charity Commissioners, the Director of Accounts, the Assistant Directors of Accounts, the Inspectors and other subordinate officers and servants appointed under this Act.
(1)Theassessors shall beappointed in the manner provided in Chapter IX for any region or sub-regionwith respect to any particular public trust or class of public trusts or in connectionwith any particular matter or class of matters to such trust or class of trusts.
(2) The assessors shall perform such functions as may be provided by or under the provisions of this Act.
(1)The StateGovernment may delegate any of its own powers or functions underthis 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.
For the purposes of this Act, a charitable purpose includes.- (1) relief of poverty or distress.
(2) education,
(3) medical relief, and
(4) the advancement of any other objectof general public utility, but does not include a purpose which relates-
(a) exclusively to sports, or
(b) exclusively to religious teaching or worship.
The Bombay Public Trusts Act, 1950, was enacted to regulate and provide better administration for public religious and charitable trusts in the state of Maharashtra. Section 9 specifically addresses the definition of charitable purposes, which is crucial for determining the nature and validity of public trusts under the Act.
Section 9 of the Bombay Public Trusts Act, 1950, outlines the various charitable purposes for which a public trust can be established. It includes:1. Relief of poverty or distress.2. Education.3. Medical relief.4. Advancement of any other object of general public utility, provided it does not relate exclusively to sports or religious teaching or worship.
While Section 9 itself does not prescribe punishments, violations related to the establishment or operation of trusts that do not comply with the definitions of charitable purposes may lead to legal challenges or penalties under other sections of the Act.
This commentary provides a comprehensive overview of Section 9 of the Bombay Public Trusts Act, 1950, highlighting its significance in defining charitable purposes and the implications for public trusts in Maharashtra.
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. 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 unascertainable.
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.
Any disposition of property for a religious 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.
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 a charitable or religious purpose, such trust shall not be deemed to be void only on the ground- (a) that the performanceof the specificobject for which the trust was created has become impossible or impracticable, or
(b) that the society orinstitutiondoes not exist or has ceased to exist, notwithstanding the fact that there wasnointent for the appropriation of the trust property for a general charitable or religious purpose.
(1) For the purposes of this Act, the State Government may form regionsandsub-regions and may prescribe and alter limits of such regions and sub-regious.
(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.
Ineveryregion 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 they be one or more Joint Public Trusts Registration Offices.
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.
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 registers shall contain such particulars as may also be prescribed.
(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 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 prescribed.
(4) Such application shall- (a) in the case of a public trust created before this Act was applied to it, be made, within threemonthsfromthedate of the application of this Act, and
(b) i
The Bombay Public Trusts Act, 1950, was enacted to regulate the administration of public religious and charitable trusts in the state of Maharashtra. Section 18 specifically addresses the registration of public trusts, outlining the procedure and requirements for such registration.
Section 18 mandates that the trustee of a public trust must apply for registration of the trust within a specified timeframe. The application must include various particulars as prescribed by the Act, and it is subject to an inquiry by the Deputy or Assistant Charity Commissioner.
The scope of Section 18 extends to all public trusts that fall under the jurisdiction of the Bombay Public Trusts Act. It establishes a framework for the legal recognition of trusts, ensuring transparency and accountability in their administration.
While Section 18 itself does not prescribe specific penalties, non-compliance with its provisions can lead to legal challenges and may affect the trust's operational legitimacy. Additionally, Section 66 of the Act outlines penalties for trustees who fail to comply with registration requirements.
This commentary provides a comprehensive overview of Section 18 of the Bombay Public Trusts Act, 1950, highlighting its significance in the regulation of public trusts in Maharashtra.
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 :- (i)whether a trust exists and whether such trust is a public trust,
(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 tr
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 matters mentioned in the said section, if and may make an order for the payment of the registration fee.
(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 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.
(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 o r 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.
(1A) Where the change to be reported under sub-section (1) relates to any immovable property, the trustee shall, alongwith 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 su
If at any time after the entries are made in the register under section 21 or 22 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, 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.
(1) In the case of a public trust,-
(a) whichisdeemedtohave beenregistered under this Act or under section 28, or
(b) which has been registered under this Act before the date of the coming into force of theBombayPublicTrusts (Amendment) Act, 1955 (Bom. 23 of 1955) (hereinafter referred to as the said date) on an application made under section 18, or
(c) in respect of whichanapplication for registration has been made under section 18 and such application was pending on the said date, the trustee of such publictrustshallwithin 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 applicati
(1) Registration of particulars of immovable property of trusts already registered with certain officers and authorities In the case of a public trust,-
(a) which is deemed to have been registered under this Actunder section 28, read with Schedule A, or
(b) which was has been registered under this Actbefore the coming into force of the Bombay Public Trusts (Amendment) Act, 1955 (Bom. 23 of 1955.) (hereinafter referred to asthe said date) onanapplication 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, 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 tr
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, (XVI of 1908) of the sub-district within the limits of which such property or part thereof is situate.
NoDeputyorAssistant Charity Commissioner shall proceed with aninquiry undersection 19 or22 in regard to any public trust which has been alreadyregistered in any other region or sub-region.
(1)If an inquiry under section 19 or 22 in regard toany public trust ispending before more than one Charity Commissioner whether Deputy or Assistant, the Charity Commissioner shall, on theapplicationof any of the persons having interest in such public trust or of any Deputy or Assistant Charity Commissioner before whomsuch inquiryis pending or on hisown motion, determine which of such Deputyor AssistantCharity Commissioner shall proceed with the inquiry in regard to such trust.
(2) The determination of the Charity Commissioner under sub-s. (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.
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. The amendments so made shall not be altered except in cases where such decision has been varied in appeal or revision by a court of competent jurisdiction. Subject to such alterations, the amendments made shall be final and conclusive.
[Stamping of scripts] Repealed byBom. 39 of 1951, S. 2, First Schedule.
(1)All publictrusts registeredunder the provisions of any of the enactmentsspecified inSchedule Aand Schedule AA] shall be deemed to have been registered under thisAct from the date on which this Act may be applied to them.The Deputy or Assistant Charity Commissioner of theregionorsub-regionwithinthe limitsof which a public trusthadbeen registeredunder any of the said enactments shall issue notice tothe 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 makingsuchinquiry as he thinksfit record findings with thereasonstherefor. Suchfindingsshallbe in accordance with the entries in the register alreadymade under thesaid enactments subject to such changes as may be necessary or expedient.
(2) Any person aggrieved by anyof the findingsrecorded under sub-section (1) may appeal t
-The Deputy or Assistant Charity Commissioner shall send a memorandum in the prescribed form containing entries including the entry of the name and described of the public trust, relating to immovable property of such public trust made by him in the register kept under section 17- (i) to the sub-registrar of the sub-district appointed under the Indian Registration Act, 1908, (XVI of 1908) in which such immovable property is situate.
[Duty of certain officers and authorities to maintain registers of trust property.] Deleted by Bom. 6 of 1960, s. 17.
In the case of the public trust which is created by a will, the executorof such will shallwithinone month from the date on which the probate of the will is granted or within six months from the date of the testator'sdeath whichever isearlier make an application for the registration in the manner provided in section 18 and the provisions of this Chapter shall mutatis mutandis applyto the registration of such trust : 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.
-Any person acquiring any immovablepropertybelonging toa publictrust which hasbeen registered under this Chapter or any part of or any share or interest in such propertyof such trust shall be deemed to have notice of the relevant particularsrelatingto such trust entered in the register, or in the registersmaintained undersection 28B. Explanation-For the purposes 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 inquiryorsearchwhich he oughttohave 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 thefactof such particulars is material.]
(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 in any Court.
(2) The provisions of sub-section (1) shall apply to a claim of set off or other proceeding to enforce a right on behalf of such public trust.
Section 31 of the Bombay Public Trusts Act, 1950, primarily establishes a statutory bar preventing civil courts from hearing or deciding suits related to unregistered public trusts. This provision aims to ensure that disputes concerning public trusts are adjudicated exclusively by designated authorities, thereby maintaining administrative control and preventing multiplicity of proceedings.
Section 31 states that:
"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 in any Court."
This essentially bars courts from entertaining suits that seek to enforce rights on behalf of unregistered trusts, making registration a prerequisite for legal proceedings.
Section 31 itself does not specify any punishment for contravention. However, the failure to register a trust as mandated can attract penalties under other provisions of the Act, such as penalties for non-compliance with registration or reporting obligations.
In summary, Section 31 acts as a safeguard ensuring that disputes on rights of unregistered public trusts are not entertained by civil courts, thereby reinforcing the importance of registration and administrative regulation under the Bombay Public Trusts Act, 1950.
(1) Every trustee of a public trust shall keep regular accounts.
(2) Such accounts shall be kept in such form as may be approved by the Charity Commissioner and shall contain such particulars as may be prescribed.
(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.
(2) The accounts shall beauditedannuallyin such manner as prescribed and by a person who is acharteredaccountantwithinthe meaning of the Chartered Accountants Act, 1949, (XXXVIII of 1949) or by such persons as may be authorised in this behalf by the State Government.
(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 control of the trustee.
(4) Notwithstanding anythingcontainedinthe precedingsub-sections : - (a) the Charity Commissioner may direct a special audit of the accounts of any public trust whenever in h
(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 to the Deputy or Assistant Charity Commissioner of the region or sub-region or to the Charity Commissioner, if the Charity Commissionerrequiredhim 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)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 notwithstanding any direction contained inthe instrumentof the trust)to deposit the money in any Scheduled Bank as defined in the Reserve Bank of India Act, 1934 (II of 1934), in the PostalSavingsBank orin a Co-operative bank approved by the State Government for thepurpose orto invest it in public securities] :
Provided that such money may be invested in the first mortgage of immovable property situate in 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
Section 35 of the Bombay Public Trusts Act, 1950, governs the investment of trust funds, ensuring trustees manage trust property prudently and in accordance with statutory provisions. It aims to safeguard trust assets from misappropriation and to promote lawful investment practices by trustees.
Section 35 mandates that when trust property consists of money and cannot be immediately applied to the trust's purposes, trustees must deposit such funds in authorized modes, primarily in scheduled banks, or invest in approved securities. The section emphasizes compliance with prescribed investment guidelines and restricts unauthorized alienation of trust property.
Contravention of Section 35 can lead to penalties, including fines up to Rs. 10,000, and in some cases, prosecution. Courts have emphasized that non-compliance does not necessarily invalidate transactions but exposes trustees to legal penalties and disciplinary actions.
Note: The references are based on the provided sources, summarized as per the instructions.
(1) Notwithstanding anything contained in the instrument of trust- (a) no sale, mortgage, exchange or gift of any immovable property, and
(b) no lease for a period exceeding ten yearsin the caseof agricultural land or for a period exceedingthree yearsin the caseof non- agricultural land or a building. belong to a public trust, shall be valid withoutthe previoussanction of the Charity Commissioner.
(2) The decision of the Charity Commissioner under sub-section (1) shall be communicated to the trustees and shall be published in such manner as may be prescribed.
(3) Any person aggrievedby suchdecisionmayappeal to the Gujarat Revenue Tribunal within thirty days from the date of its publication.
(4) Suchdecision shall, subject totheprovisions of sub-
The Bombay Public Trusts Act, 1950, was enacted to regulate the administration of public trusts in Maharashtra. Section 36 specifically addresses the alienation of immovable property belonging to public trusts, establishing a framework for the Charity Commissioner to oversee such transactions to ensure they align with the interests of the trust and its beneficiaries.
Section 36 mandates that no sale, exchange, gift, or lease of immovable property belonging to a public trust shall be valid without the prior sanction of the Charity Commissioner. This provision aims to protect the interests of the trust and its beneficiaries by ensuring that any alienation of trust property is conducted transparently and justifiably.
The scope of Section 36 extends to all forms of alienation of immovable property, including sales, leases, exchanges, and gifts. The Charity Commissioner has the authority to impose conditions on the sanction and can revoke it if obtained through fraud or misrepresentation.
While Section 36 itself does not prescribe specific penalties, the Act provides that any unauthorized alienation of trust property without the requisite sanction may render the transaction invalid. Additionally, trustees may face legal consequences for failing to comply with the provisions of the Act.
This commentary highlights the critical aspects of Section 36 of the Bombay Public Trusts Act, 1950, emphasizing the importance of compliance, transparency, and the protection of trust properties.
(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-
(a) to enter on and inspect or cause to be entered on and inspected any property belonging to a public trust.
(b) to call for or inspectany extract fromanyproceedingsof the trustees of any public trust and any books of accounts or documents in the possession, or under the control, of the trustees or anyperson on behalf of the trustees;
(c)to call for any return, statement,account orreportwhich he may think fit from the trustees orany personconnectedwith apublic trust:
Provided that in entering upon any property belonging to the public trust the officers making the entry shall
On receipt of a report of the auditor under section 34 or of a report, if any, made by an officer authorised under section 37 the Deputy or Assistant Charity Commissioner to whom the report is submitted shall require the trustee or any other person concerned to submit an explanation thereon within such period as he thinks fit.
On considering the report referred to in section 38, and the accounts and explanation, if any, furnished by the trustees or any other person, and after holding an inquiry in the prescribed manner, the Deputy or Assistant Charity Commissioner shall record his finding as to whether the trustees or any other person have been guilty of gross negligence, a breach of trust, misapplication or misconduct which has resulted in loss to the public trust and make a report thereof to the Charity Commissioner.
The Charity Commissioner shall, after considering the report of the Deputy or Assistant Charity Commissioner, giving an opportunity to the person concerned and holding such inquiry as he thinks fit, determine:- (a) the amount of loss caused to a public trust;
(b) whether such loss was due to any gross negligence, breach of trust, misapplication or misconduct on the part of any person;
(c) whether any of the trustees, or any other person was responsible for such loss;
(d) the amount which any of the trustees or any otherpersonis liable to pay to the public trust for such loss.
(1) If the Charity Commissioner decides that any person 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) Subject to the provisions of section 72, the order of the Charity Commissioner under sub-section (1) shall be final and conclusive.
(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 such 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.
(2) It shall be the duty of every such trustee and person to comply with a direction issued to him under sub-section (1).
Each Charity Commissioner shall beacorporationsoleand shallhaveperpetual succession and common seal and may sueand be suedinhiscorporate name.
Notwithstanding anything contained in the Charitable Endowments Act, 1890 (VI of 1890) the Charity Commissioner,Bombay (hereinafter in thissection referred to as"the Charity Commissioner" shall be deemed to be and tohavealways been the Treasurer of Charitable Endowments for that part of theState of Bombay to which this Act extends appointed under the provisions ofthe said Act and the property vesting in the said Treasurer before the date on which this Act comes into force shall be deemed to vest in the Charity Commissioner as the Treasurer of Charitable Endowments; and the provisions of the said Act shall apply to the Charity Commissioner as the Treasurer of Charitable Endowments appointed under the said Act.
(1)Subject to the provisions of this Act and the rules made thereunder the Charity Commissioner may be appointed to act as a trustee of a public trust by a Court of competent jurisdiction or by the author of the trust.
(2) Save as herein provided,theCharity Commissioner acting as a trustee of a public trust shall have the same powers, duties and liabilities and be entitled to the same rights and privileges asany other trustee of a public trust.
(3) The Charity Commissionermaydecline,either absolutely or except on such conditions as he may impose, to accept any trust.
(4) TheCharityCommissionershallbethe sole trustee and it shall not be lawful to appoint him as a trustee alongwith other persons.
(1) Any personintendingto create a public trust maybytheinstrumentcreatingthe trust and with the consent of the Charity Commissioner appoint him by that name or any other description to be the trustee of such trust:
Provided thattheconsentof the Charity Commissioner shall be recited in the said instrument and that suchinstrumentshall be executed by the Charity Commissioner or any officer duly authorised by him in that behalf.
(2) Upon such appointment the trust property shall vest in the Charity Commissioner and shall be held by him upon the terms declared in such instrument.
Where the Charity Commissioner by that name or any other sufficient description has been appointed a trustee of any public trust under any will, the executor of the will of the testator or the administrator of his estate shall within a period of three months from the date of obtaining probate or letters of administration, notify in the prescribed manner, the contents of such will to the Charity Commissioner and if the Charity Commissioner consents to accept the trust then upon the execution by such executor or administrator of an instrument in writing transferring the property subject to the trust to the Charity Commissioner, such property shall vest in the Charity Commissioner and shall be held by him upon the trust expressed in the will: Provided that the consent of the Charity Commissioner shall be recited in the instrument and that such instrument shall be executed by the Charity Commissioner or any officer duly authorise
(1) Any personinterested in a publictrust or the Charity Commissioner may apply to the Courtfor theappointment of a new trustee, when a trustee of such trust-
(a) disclaims or dies:
(b) is for a continuousperiodof six months absent from India without the leave of theCharityCommissioner or Deputy or Assistant Charity Commissioner or the officer authorised bythe State Government in this behalf;
(c) leaves India for the purpose of residing abroad:
(d) is declared an insolvent:
(e) desires to be discharged from the trust;
(f) refuses to act as a trustee;
(g) becomes in the opinion of the Court unfitor physically i
It shall be lawful for the Court upon making any order appointing a new trustee under sub-section (3) of section 47 or section 47AA 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.
Nothing in section 44, 47 or 47 AA] - (a) shallempowerany Courtto appoint theCharity Commissioner to be a trustee of any public trust for a religious purpose, or
(b) shall entitle theCharity Commissionerto accept any trust, if such acceptance requires the Charity Commissioner to manage the affairs of any religious denomination orany section thereof in the matter of religion:
Provided that if the author of the public trust for a religious purpose so intends, or the person or the authority in whom or which the property of such public trust vest deems it expedient in public interest, the Court may appoint the Charity Commissioner the sole trustee of such public trust or the Charity Commissioner may accept such trust.
(1)When the Charity Commissioner is appointed atrustee of any public trust, there shall be levied such administrative charges whether by way of percentage or otherwise, as the State Government may, prescribe.
(2) The charges so levied may be at different rates for different properties or classes of properties or for different duties.
(1) Nothing in this Act shall be deemed to prevent the transfer, by the Charity Commissioner, of any property vested in him as a trustee, to-
(a) the original trustee (if any),
(b) any other lawfully appointed trustee, or
(c) any other person, if the court so directs.
(2) Upon such transfer, such property shall vest in such trustee and shall be held by him upon the same terms as those upon which it was held prior to the transfer and the Charity Commissioner shall be exempt from all liability as trustee of such property except in respect of acts done before such transfer :
Provided that in the case of any transfer under this section, the Charity Commissioner shall be entitled to retain out of the prop
In any case- (i)where it is alleged that there is a breach of a public trust,
(ii) where a direction is required to recover possession of a property belonging to a public trust or the proceeds thereof or for an account of such property or proceeds from any person including a person holding adversely to the public trust, or
(iii) where the direction of the court is deemed necessary for the administration of any public trust, the Charity Commissioner after making such enquiry as he thinks necessary or two or more persons having an interest in the trust and having obtained the consent in writing of the Charity Commissioner as provided in section 51 may institute a suit whether contentions 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 fo
(1) Notwithstanding anything contained in section 50, where the Charity Commissioner has reason to believe that in the interest of the proper management or administration of a 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 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 CharityCommissioneris of opinionthat inthe interest of the proper management or administration, two or more public trusts may be amalgamated by framing a commonschemefor thes
(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. The Charity Commissioner, after hearing the parties and after making such inquiry as he thinks fit, 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.
(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 theBombayRevenueTribunal constituted under the Bombay Revenue Tribunal Act, 1939, (Bom. XII of 1939) in the manner provided by this Act.
&nbs
Section 51 of the Bombay Public Trusts Act, 1950, lays down the statutory requirement for obtaining the prior consent of the Charity Commissioner before filing certain types of suits related to public trusts. It aims to regulate the initiation of legal proceedings that could affect the interests of public trusts and their management, ensuring oversight and preventing frivolous or vexatious litigation.
Section 51 mandates that:- Persons interested in a public trust must apply in writing to the Charity Commissioner for consent before filing suits of specified types (Section 50).- The Charity Commissioner, after hearing and inquiry, may grant or refuse consent within six months, providing reasons if refused.- In suits filed under Section 50, the Charity Commissioner is a necessary party.- The decision of the Charity Commissioner, subject to appeal, is final and conclusive (sub-section 4).- The section also distinguishes suits involving breach, recovery, administration, or declarations concerning trust properties, requiring prior approval.
In summary, Section 51 is a vital procedural safeguard ensuring that suits affecting public trusts are initiated with proper oversight, maintaining the integrity, stability, and proper management of trusts under the Bombay Public Trusts Act, 1950. Non-compliance with its provisions leads to procedural invalidity, emphasizing the importance of adherence to statutory requirements in trust-related litigation.
(1) Notwithstanding anything contained in the Code of Civil Procedure, 1908, (V of 1908) the provisions of sections 92 and 93 of the said Code shall not apply to the public trusts.
(2) If on the date of the application of the Act to any public trust any legal proceedings in respect of such trust are pending before 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.
(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
Notwithstanding anything contained in the Indian Limitation Act, 1908, (IX of 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 barred by any length of time.
(i) Where under any will a bequest has been made in favour of a public trust or where such bequest itself creates a public trust,itshallbethe duty of the executor under thewilltoforwardacopy thereof to theDeputy or Assistant Charity Commissionerfor the regionorsub-region where 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).
(1) Whereaccordingtothe 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 tothe said transaction or collected under whatever name, as being intended tobe used for a charitable or religious purposetheamountsocharged or collected in this Actcalled"dharmada") shall vest in the personcharging 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 forwhich his accounts are ordinarily kept submit an accountinsuchform asmay be prescribed to the Deputy or Assistant Charity Commissioner.
(3) The DeputyorAssistantCharityCommissioner shall have power to make such inquiry as he thinks fit to verify the correctness of the account submitted and may passorderfor the disposal
(1) If upon an application made to him or otherwise the Charity Commissioner is of opinion that-
(a) the original object for whichthepublic 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,
(c) in the case of a public trust otherthan a trust for a religious purpose, it is notinpublicinterestexpedient,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.
(d) in any of the cases mention
The Bombay Public Trusts Act, 1950, was enacted to regulate public trusts in the state of Maharashtra, India. Section 55 of this Act deals with the doctrine of cy pres, which allows for the modification of the purposes of a trust when the original objectives can no longer be fulfilled.
Section 55 provides that if the original object of a public trust has failed, or if the income or surplus of the trust has not been utilized or is unlikely to be utilized, the Charity Commissioner may direct the trustees to apply for directions to the court regarding the utilization of such funds.
While Section 55 itself does not prescribe specific punishments, failure to comply with the provisions of the Act can lead to penalties under other sections, such as Section 66, which may impose fines for non-compliance.
(1) On such application being made, the court after hearing the parties and making an inquiry shall decide the matter and shall give directions. In giving the directions the court shall, so far as may be expedient, practicable desirable necessary or proper in public interest, give effect to the original intention of the author of the public trust or the object for which the public trust was created. If the Court is of opinion that the carrying out of such intention or object is not wholly or partially expedient, practicable, desirable necessary or proper in public interest the court may direct the property or income of the public trust or any portion thereof to be applied cypres to any other charitable or religious object. In doing so, it shall be lawful for the court 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 conditions contained in the
(1) Save as hereinbefore provided in this Act, any trustee of a public trust may apply to the Court, within the local limits of whose jurisdiction the whole or part of the subject-matter of the trust is situate, for the opinion, advice or direction of the Court on any question affecting the management or, administration of the trust property or income thereof, and the Court shall give its opinion, advice, or direction, as the case may be, thereon:
Provided that the Court shall not be bound to give such opinion, advice or direction on any question which it considers to be a question not proper for summary disposal.
(2) The Court, on an applicationundersub-section (1), may give its opinion, advice or direction thereon aftergiving notice to the Charity Commissioner.The Court before giving any opinion, advice or direction shall afford a re
- (1) In any suit or legal proceedings in which it appears to the Court that 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 receiptof suchnoticeor 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.
(3) In this section "Court"shallmeananyCivil Court of competent jurisdiction in the State of Gujarat.
A to apply to certainendowments - (1) The provisions of this Chapter shall apply to every temple, mosque or endowment created for a public religious or charitable purpose (here inafter in this Chapter to as "the endowment"), which vests in, or the management of which vests in, the State Government and which-
(a) has been registered under the provisions of this Act as, or
(b) is declared by the State Government bynotification,inthe 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 re
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 movable 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 of such endowment within the meaning and for the purposes of this Act.
(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) one or more committees for each district.
(2) The committee shall havepower to acquire, hold and dispose of property, subject to such conditions and restrictions as may be prescribed, and may sue and be suedin the namesof all themembersof the committee.
(3) A committee shall consist of not less than five andnotmore than seven members, and the members in the case of areligious endowment shall and in any other case may be appointed from amongst persons professing the religion or belonging to the religious denomination
Legal Comments - Bombay Public Trusts Act, 1950 - Section 56(e)
Introduction - Section 56(e) falls within the Court's power to give directions regarding trust accumulations and related matters; it is part of a broader framework governing administration and enforcement of public trusts in Maharashtra. [Shah Chhotalal Lallubhai VS Charity Commissioner, Bombay - 1965 0 Supreme(SC) 13]
What Section Says - Section 56 (as read with 56(2)) enables the Court to issue directions for utilization of accumulations or for other directions in respect of public trusts, particularly when settlor’s directions require deviation in public interest, with specific sub-sections detailing enforceability and limits. Note: sources show emphasis on distribution of accumulations and deviance from settler directions under 55/56, including 56(1) and 56(2). [Shah Chhotalal Lallubhai VS Charity Commissioner, Bombay - 1965 0 Supreme(SC) 13], [SHAH CHHOTALAL LALLUBHAI VS CHARITY COMMISSIONER, Bombay - 1965 0 Supreme(Bom) 8], [Krishna A. Khasgiwale VS Sitaram L. Rathi & others - 1978 0 Supreme(Bom) 208]
Essential ingredients - (i) Public trust exists and is registered; (ii) there are unexpended accumulations or funds; (iii) directions are sought under Sections 55/56 in relation to such accumulations; (iv) court considers expediency, practicability, desirability and public interest; (v) whether religious vs charitable purpose affects applicability (as per 1954 amendments). [Shah Chhotalal Lallubhai VS Charity Commissioner, Bombay - 1965 0 Supreme(SC) 13], [SHAH CHHOTALAL LALLUBHAI VS CHARITY COMMISSIONER, Bombay - 1965 0 Supreme(Bom) 8], [Krishna A. Khasgiwale VS Sitaram L. Rathi & others - 1978 0 Supreme(Bom) 208]
Scope of Section - Section 56 empowers directions regarding utilization of accumulations and potentially deviation from settler’s directions when in public interest; 56-A is advisory-only, and 56-B/56-C involve notices and specific contexts (land acquisition, etc.). Section 56 relates to public trust funds; 56(2) preserves original objects as far as practicable. [Shah Chhotalal Lallubhai VS Charity Commissioner, Bombay - 1965 0 Supreme(SC) 13], [Jagdishchandra Popatlal Dodhiwala VS Khandesh Education Society &others - 1980 0 Supreme(Bom) 7], [Motiram Rajaram Shende VS State of Maharashtra - 1984 0 Supreme(Bom) 51]
Essential ingredients (operational) - (a) Existence of a public religious/charitable trust; (b) Accumulations of unexpended income; (c) A Court-directed process under 55/56 to utilize or divert such accumulations; (d) Consideration of public interest and practicability; (e) Adherence to Rule that religious trusts may be treated differently under amendments (Sect. 55(1)(c) excludes some religious trusts for certain directions). [Shah Chhotalal Lallubhai VS Charity Commissioner, Bombay - 1965 0 Supreme(SC) 13], [SHAH CHHOTALAL LALLUBHAI VS CHARITY COMMISSIONER, Bombay - 1965 0 Supreme(Bom) 8], [Jagdishchandra Popatlal Dodhiwala VS Khandesh Education Society &others - 1980 0 Supreme(Bom) 7]
Scope of Section (in practice) - It interacts with 55(1)(a/b) and 56(2) to ensure the settlor’s objects are observed “as far as expedient, practicable, desirable, necessary, or proper in the public interest,” with court-directed allocations including education, medical care, or continuing religious charity; also recognizes the power to continue the original charitable object when feasible. [Shah Chhotalal Lallubhai VS Charity Commissioner, Bombay - 1965 0 Supreme(SC) 13], [SHAH CHHOTALAL LALLUBHAI VS CHARITY COMMISSIONER, Bombay - 1965 0 Supreme(Bom) 8]
Punishment for Section - Section 56 itself does not prescribe criminal penalties; breaches are typically addressed via proceedings under public trust enforcement (civil) and potential consequential orders. Related provisions in the Act discuss offences and penalties, but 56(e) itself is a civil remedy tool. See general penal framework for non-compliance elsewhere in the Act. [Shah Chhotalal Lallubhai VS Charity Commissioner, Bombay - 1965 0 Supreme(SC) 13],
Relationship with religious trusts - The Supreme Court has held that Section 55(1)(c) excludes religious trusts from certain directions but Sections 55(1)(a)/(b) and 56(2) apply to public trusts, including religious trusts, where appropriate; 56(1) requires honoring the settlor’s original intention to the extent public interest permits. [Shah Chhotalal Lallubhai VS Charity Commissioner, Bombay - 1965 0 Supreme(SC) 13], [RAJGOPAL RAGHUNATHDAS SOMANI VS RAMCHANDRA HAJARIMAL JHAVAR - 1967 0 Supreme(Bom) 126], [SHAH CHHOTALAL LALLUBHAI VS CHARITY COMMISSIONER, Bombay - 1965 0 Supreme(Bom) 8]
Deviation from settler’s directions - Court may deviate from settler’s directions if adherence is inexpedient, impracticable, undesirable, unnecessary, or improper in public interest, but this power is limited to public trust funds not restricted to religious purposes; the deviation must align with public interest and can be exercised where accumulations are not tied to religious objects. [Shah Chhotalal Lallubhai VS Charity Commissioner, Bombay - 1965 0 Supreme(SC) 13], [SHAH CHHOTALAL LALLUBHAI VS CHARITY COMMISSIONER, Bombay - 1965 0 Supreme(Bom) 8]
Distinction with 56-A and other sections - Section 56-A grants advisory directions with limited scope; 56 is broader in directing utilization of accumulations; 56-B requires notice in proceedings affecting public religious/charitable purposes; 56-C, 56-D, etc., define related procedural contours. [Jagdishchandra Popatlal Dodhiwala VS Khandesh Education Society &others - 1980 0 Supreme(Bom) 7], [Yuvraj Prithvirajsinhji S/o Maharao Madansinhji, Kutch VS Maharani Rajendra Kunvarba Saheb (Since Decd. ) Through Heirs Ask. Brijrakumari Saheba - 2010 0 Supreme(Guj) 504]
Prima facie jurisdictions - The Charity Commissioner’s remit under 50-A/50- etc. informs whether 56 directions are appropriate; courts have occasionally framed 56-related directions within scheme modifications or other proceedings. [RAMKRUSHNA-APPA and VISHWESHWAR-APPA VS KRUSHNA and UDAYBHANJI INGALE - 2005 0 Supreme(Bom) 792], [Abdulaziz Sk. Ismail choudhari and another VS Sk. Ahmed Sk. Ameer and others - 1979 0 Supreme(Bom) 136], [Bhanudas s/o Madhavrao Deshmukh VS Joint Charity Commissioner - 2009 0 Supreme(Bom) 293]
Principle of “public interest” - The core test in Section 56 cases is whether diverting/allocating accumulations serves the public interest, while remaining faithful to the trust’s original objects to the extent possible. The Supreme Court in relevant cases emphasizes expediency and public benefit. [SHAH CHHOTALAL LALLUBHAI VS CHARITY COMMISSIONER, Bombay - 1965 0 Supreme(Bom) 8], [Shah Chhotalal Lallubhai VS Charity Commissioner, Bombay - 1965 0 Supreme(SC) 13]
Relation to religious vs charitable purpose - While religious trusts are often exempted from certain directions under 55(1)(c), 56(2) allows appropriate directions for public trusts including charitable aims; this balancing is central in 56-e applications. [Shah Chhotalal Lallubhai VS Charity Commissioner, Bombay - 1965 0 Supreme(SC) 13], [SHAH CHHOTALAL LALLUBHAI VS CHARITY COMMISSIONER, Bombay - 1965 0 Supreme(Bom) 8]
Procedural posture - Applications under 56 are generally summary in nature and non-binding unless followed up by a formal scheme or court order; 56-A is restricted to trust-property-related questions, while 56 itself contemplates disposal of accumulations in alignment with public interest. [Jagdishchandra Popatlal Dodhiwala VS Khandesh Education Society &others - 1980 0 Supreme(Bom) 7], [Dhirajlal Velji Gucka & Hasmukhlal Karsondas Mehta VS Bhogilal & others & Pratap Bhogilal & others - 1986 0 Supreme(Bom) 212]
Key case reference (Swamivatsal) - In Swamivatsal-type matters, the Court directed that accumulations be applied to ongoing objects and continue funding charitable activities; this illustrates the principle of balancing expediency with original purposes. [Shah Chhotalal Lallubhai VS Charity Commissioner, Bombay - 1965 0 Supreme(SC) 13], [SHAH CHHOTALAL LALLUBHAI VS CHARITY COMMISSIONER, Bombay - 1965 0 Supreme(Bom) 8]
Non-application in certain contexts - If accumulations are held for religious purposes and cannot be diverted, or if it would undermine core religious intent, the Court may refuse directions under 56; the religious-v-charitable dichotomy shapes the outcome. [Shah Chhotalal Lallubhai VS Charity Commissioner, Bombay - 1965 0 Supreme(SC) 13], [SHAH CHHOTALAL LALLUBHAI VS CHARITY COMMISSIONER, Bombay - 1965 0 Supreme(Bom) 8]
Interaction with 55(1)(b) and 56(2) - The Court can direct utilization of accumulations under 56 read with 55(1)(b) or 56(2) in line with the settlor’s objectives; this demonstrates the layered framework of sections governing trusts. [Shah Chhotalal Lallubhai VS Charity Commissioner, Bombay - 1965 0 Supreme(SC) 13], [SHAH CHHOTALAL LALLUBHAI VS CHARITY COMMISSIONER, Bombay - 1965 0 Supreme(Bom) 8]
Practical guidance from rulings - Courts have emphasized the necessity for timely reporting of changes (Sections 22/18-21) to enable Section 56 directions to be properly grounded; delays or improper procedures can impede 56-e outcomes. [Murlidhar s/o Janrao Kale VS State of Maharashtra, through Secretary, School Education Department - 2010 0 Supreme(Bom) 1581], [Asaram Bhimrao Shinde and others VS State of Maharashtra and others - 2001 0 Supreme(Bom) 547]
Relationship with 56-B notices - In proceedings under section 56-B, notice to the Charity Commissioner is required where a question affecting a public religious or charitable purpose is involved; this ensures participation of statutory authorities. [SHAH JAGMOHANDAS PURSHOTTAMDAS VS JAMNADAS VRAJLAL GANDHI - 1962 0 Supreme(Guj) 122], [Motiram Rajaram Shende VS State of Maharashtra - 1984 0 Supreme(Bom) 51]
Notable limitations - Section 56 cannot be invoked to resolve non-trust property disputes; its reach is tethered to the trust’s funds and purposes; hence, it interacts with scheme-framing under Section 50-A and related provisions. [Abdulaziz Sk. Ismail choudhari and another VS Sk. Ahmed Sk. Ameer and others - 1979 0 Supreme(Bom) 136], [Bhanudas s/o Madhavrao Deshmukh VS Joint Charity Commissioner - 2009 0 Supreme(Bom) 293]
Practical consequence - When a trust has accumulated unexpended income, the Court may issue directions to utilize the funds for continuation of trust objects, possibly including educational or charitable expenditures, subject to public-interest constraints. [Shah Chhotalal Lallubhai VS Charity Commissioner, Bombay - 1965 0 Supreme(SC) 13], [SHAH CHHOTALAL LALLUBHAI VS CHARITY COMMISSIONER, Bombay - 1965 0 Supreme(Bom) 8]
Conclusion - Section 56(e) embodies a civil remedy enabling courts to align trust accumulations with public-interest objectives while respecting the settlor’s original objects where feasible; its application is shaped by the trust’s type (religious/charitable), statutory notices, and broader scheme provisions under the Act. [Shah Chhotalal Lallubhai VS Charity Commissioner, Bombay - 1965 0 Supreme(SC) 13], [SHAH CHHOTALAL LALLUBHAI VS CHARITY COMMISSIONER, Bombay - 1965 0 Supreme(Bom) 8]
References
(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 a committee :
Provided that such resignation shall not take effect until the resignation has been accepted by the State Government.
(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 offenceinvolving 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 ina 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;
The State Government may appoint a new member, when a member of a committee- (a) resigns or dies;
(b) isfor acontinuous period of six monthsabsent 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) 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 from such fund and in such manner as may be prescribed.
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.
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.
(1) The State Government may appoint a Secretary to the Committee.
(2) The committee may appoint such officers (other than the Secretary) and servants as 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 a salary of over one hundred rupees per mensem shall be appointed by a committee without the previous approval of the State Government.
(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 regulators made by the committee.
(2) The salary and allowances of the Secretary, officers and servants of a committee shall be paid out of such funds as may be prescribed.
(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
No act or proceeding of a committee shall bs invalid by reason only of the existence of any vacancy amongst its members, or any defect in the constitution thereof.
The State Government may, from time to time, for the better management or administration of any endowment issue directions to a committee,
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.
(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 power, the State Government may, by notification in the Official Gazette, supersede the committee for such period as may be specified in the notification:
Provided that, before issuing a notification under this sub-section the State Government shall give a reasonable opportunity to the commitee 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 anotification under sub-section (1) superseding a committee-
(a) all themembersof the committeeshall, as from the date of supersession, vacate t
(1) The committee may, with the approval of the State Government make regulations 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 following provision, such regulations may provide for all or any of the following matters, namely-
(i) despatch of day-to-day proceedings and routine business 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 commitee under section 56M.
Except so far as is expressly provided in the provisions of this Chapter, nothing in sections 18, 19, 20, 21, 44, 45, 46, 47, 47A, 47B, 50, 50A, 59, 66 and 67 shall apply to the endowments to which this Chapter applies.
(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:-
(a) fees and administrative charges leviable under sections 18 and 48;
(b) contributions made under section 58;
(c) the amountfromthefundsorthe 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
(f) any other sum which may be directed to be credited by or under the provisions of thisAct ortheInter-St
(1) Every public trust shall pay to the Public Trusts Administration Fund annually such contribution on such date and in such manner as may be prescribed:
Provided that the contribution prescribed under this section shall,-
(i) in the case of a dharmada, be fixed at rates in proportion to the gross annual collection or receipts of the dharmada;
(ii) in the case of other public trusts, be fixed at rates in proportion to the gross annual income of such public trust.
Explanation.-For the purposes of this section, the gross annual income shall include gross income from all sources in a year excluding donations given or offerings made with a specific direction that they shall form part of the corpus of the public trust:
&nb
(1) If the trustee of a public trust (other than the Charity Commissioner) 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 moneys belonging to the public trust are deposited to pay the contribution from such 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 mone
(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.
(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.
On the application of thisAct to any public trust or class of public trusts whichmayhavebeen registeredunder any of the Acts specified in Schedule A or Schedule AA the State Government may direct that the Charity Commissioner shall recover anyarrears due under any such Act and that the amount of anyfundfor the administration of public trusts constituted underthesaid Act for the region or sub-region inwhichpublictrustorclass of publictrusts was registered or any portion thereof including the arrears recoveredby the Charity Commissioner shall be credited tothePublicTrusts Administration Fund constituted under this Chapter.
(1) On such dateas may be prescribed, the Deputy or AssistantCharity Commissioner shall prepare lists of persons liable to serve as assessors.
(2) Everypersonbetweenthe ages of 25 and 65 shall, except as may be prescribed by rules,be liable and serve as an assessor under this Act.
(3) In the preparation of the lists, regardshall be had to the property, character, education,and religion of persons whose names are entered therein.
(4) The lists so prepared shall be submitted to the Charity Commissioner and whenapproved by him shall be published in the Official Gazette.
(5) The lists published under sub-section (4) shall be in operation for a period of three years:
Provided that the Charity Commissioner
Every persons summoned to serve as an assessor by the Charity Commissioner or Deputy or Assistant Charity Commissioner shall attend at the time and place when and where he is so summoned to attend unless he is prevented from such attendance by a reasonable excuse.
In the following proceedings assessors shall be summoned toassist and advice the Charity Commissioner,DeputyorAssistant CharityCommissioner as the case may be, namely.- (a) an inquiry under section 19 or an inquiry under section 22 relating to a public trust other than a society referred to in section 2(13)
(b) [ * * *
(c) an inquiryregarding theloss cause toa public trust in consequence of the act or conduct of a trustee or any other person under section 40;
(d) any other inquiryin whichby rules ora general or special order made by the StateGovernment in thisbehalf, the assessors are required to assistand advicetheCharityCommissioner,the Deputy or Assistant Charity Commissioner or any other officer appointed under this Act:
Provided that in inqu
(1) The Charity Commissioner or Deputy or Assistant Charity Commissioner shall choose, such numberof assessorsnot lessthan threeand notmore than five as he deems fit to aid and assist him. In any inquiry relating to a public trusts which is for the benefit of the members belonging to a particular religious denomination,theassessors choosen shall,as far as may be practicable belonging to the said religious denomination.
(2) at the conclusion of the inquiry he shall record their opinion in writing and require them to sign it. The opinion so recorded shall form part of the proceedings and due consideration shall be given to it in passing an order or arriving at a decision or making a report in the inquiry.
(3) If in the courseof any inquiryat any time before its conclusion, any assessor is fromany sufficient cause,prevented from attending
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 : Provided that a trustee who has a previous conviction underthis section shall be punished with fine which, except for adequate reasons to the contrary recorded in the judgment of the Court, shall not be lessthan Rs. 300 or the amount mentioned in that behalf in the said table,whichever be less.]
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
Whoever contravenes any of theprovisions of this Act or the rules for which no specific penalty hasbeenprovided by this Act or fails without reasonable cause to comply withany order passed or direction issued under any of the provisions of this Act by the Charity Commissioner, Joint Charity Commissioner or Deputy orAssistant Charity Commissioner shall, on conviction, be punishedwithfine which may extend to Rs. 500: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, a person who has a previous conviction under this section, shall be punished with fine which shall not be less than Rs. 300.
For the purposes of this Act, the following shallbethe duties and functions to be performed and powers to be exercisedbythe Deputy or Assistant Charity Commissioner for the region orsub-region for which he is appointed, namely :- (a) to keep and mantain such books, entries and otherdocuments as may be prescribed under section 17;
(b) to hold an inquiry under section 19 or 22 for any ofthe purposes mentioned in the said section;
(c) to record entries in the register kept under section17and to make amendments in the said entries under section 22;
(cc)to send a memorandom under section 28-A;]
(d) to enter on and inspect any trustproperty,tocallfor and inspect any proceedings of a trustee and to call for any return statement, account or report from t
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;
(b) power toentertain anddispose of appeals from the findings of a Deputy or Assistant Charity Commissioner under section 20, 22 or 28;
(c) power to determinewhich of the Deputy or Assistant Charity Commissioners shall proceedwith an inquiry relating to the registration of any public trust under section 25;
(d) power todirect aspecial auditof the accountsof a public trust under section 33;
(e) power to require an auditorto forward to him a copy of a balance sheet and income and expenditure ac
(1) An appeal 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 and order, if any, under section 20;
(b) the finding under section 22;
(b-1)the finding under section 22A;
(c) the finding under section 28;
(d) the order under sub-section (3) of section 54.
(2) No appeal shall bemaintainableafter 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 personappearingon his behalf, fo
(1)The Charity Commissioner may, in any of the cases mentioned in section 70, 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 :
Provided that the Charity Commissioner shall not record or pass any order 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 examin
(1)Theappealto the Bombay Revenue Tribunal under sub-section (2) of section 51 against the decision of theCharityCommissionerrefusingconsentto the institution of the suit shall be filed within sixty days from the date of such decision in such form and shall be accompaniedby suchfee asmaybe prescribed.
(2) The Bombay RevenueTribunal aftermaking suchinquiry as it thinks tit may confirm, revoke or modifythe decision of the Charity Commissioner.
(3) The decision of the Bombay RevenueTribunal shall be final and conclusive.
(1)Any person aggrived bythe decision of the Charity Commissioner under section 40, 41, 50A, 70 or 70A] or on the questions whether a trust exists and whether such trust is a public trust or whether any property is the property ofsuchtrust may, within sixty days from the date of the decision, apply to the courttoset aside the said decision.
(1A)No partyto suchapplication shall be entitled to produce additional evidence, whether oral or documentary, before the Court, unless the Deputy or Assistant Charity Commissioner or the Charity Commissioner has refused to admit evidence which ought to have been admitted or the Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment or for any other substantial cause to court thinks it necessary to allow such additional evidence :
Provided that whe
In holding inquiries under this Act, the officer holdingthe same shall have the same powers as arevestedin courtsinrespect of thefollowing matters under the Code of Civil Procedure, 1908. (V of 1908) intryinga suit :- (a) proof of facts by affidavits,
(b) summoning and enforcing the attendance of any personand examining him on oath,
(c) compelling the production of documents,
(d) issuing of commissions.
Allinquiriesandappeals underthisActshallbedeemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (XLVof 1860).
In computing the period ofappealunderthis Chapter, or of an application under section72 the provisionsof sections 4, 5, 12 and 14 of the Indian Limitation Act,1908,(IXof1908.) shall apply to the filing of such appeals and applications.
-Save in so far as they may be inconsistent with anything contained in this Act, the provisions of the Code of Civil Procedure, 1908, (V of 1908), shall apply to all proceedings before the court under this Act.
-All sums payable under section 18, [20J, 41, [48], 79A, [79C or 79CC,] or under any rule, if not paid, shall notwithstanding anything contained in any law be recoverable as an arrear of land revenue.
TheCharity Commissioner,DeputyandAssistant Charity Commissioners,Inspectorsandothersubordinate officers and Assessors appointed under this Act shall be deemedto be public servants within the meaning of section21of theIndian PenalCode. (XLV of 1860.)
(1) Any question, whether or not atrustexistsandsuch trust is a public trust or particular property is the propertyof such trust,shall be decided by the Deputy or Assistant Charity Commissioner orthe Charity Commissioner in appeal as provided by this Act.
(2) The decision of the Deputy or Assistant Charity Commissioner or the Charity Commissioner in appeal, as the case may be, shall, unless set aside by the decision of the court on application or of the High Court in appeal, be final and conclusive.
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 proceeding 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.
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 discretion 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.
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.
(1) If in an inquiry under section 19 the Deputy or Assistant Charity Commissioner or in an inquiry under section 51 the Charity Commissioner is of opinion that the application on which such inquiry was commenced was either frivolous or vexatious the Deputy or Assistant Charity Commissioner or the Charity Commissioner, as the case may be, 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 as aforesaid.
(2) If theDeputyorAssistantCharity Commissioneror the Charity Commissioner, as the case may be, is satisfied that the application was either frivolous orvexat
Notwithstanding anything contained in the Court-fees Act, 1870 (VII of 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.
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, or in respect of which the decision or order of such officer or authority has been made final and conclusive.
Section 80 of the Bombay Public Trusts Act, 1950 (BPT Act) is a crucial provision that delineates the scope of jurisdiction of Civil Courts concerning questions related to public trusts. It embodies the principle of exclusive jurisdiction of statutory authorities, primarily the Charity Commissioner, over certain disputes, thereby creating a statutory bar on civil litigation in specified matters. The section aims to streamline the administration of trusts by conferring final authority on designated authorities and preventing multiplicity of suits.
Section 80 explicitly states that, save as expressly provided in the Act, no Civil Court shall have jurisdiction to decide or deal with any question which is to be decided or dealt with by any officer or authority under the Act, and in respect of which the decision or order of such officer or authority has been made final and conclusive.
Section 80 itself does not prescribe specific punishments. Its primary function is to restrict jurisdiction. However, contravention of the section may lead to proceedings for contempt or other penalties under the Act for non-compliance with statutory directives or final orders.
In summary, Section 80 of the Bombay Public Trusts Act, 1950, is a vital provision that consolidates the jurisdiction over trust-related disputes within the statutory authorities, primarily the Charity Commissioner. It ensures the finality of their orders and prevents unnecessary litigation in civil courts, thereby promoting efficient and uniform administration of trusts. However, it is limited to questions the Act expressly assigns to such authorities, leaving private or unrelated disputes outside its scope.
(1)No suit,prosecution or other proceeding shall be instituted against the State Government or any officer or authority inrespect of anything in good faithdoneor purporting to be done under this Act.
(2) Subject to the provisions of sub-section (1), no suit under section 50 shall, without the previous sanction of the State Government, be instituted against the Charity Commissioner in respect of a public trust of which he has been authorised to act as a trustee.
(1) The Religious Endowments Act, 1863, (XX of 1863) is hereby repealed.
(2) On the date of the application of the provisions of this Act or any public trust or class of public trusts under sub-section(4) of section 1 hereafter in this section referred to as the said date, the provisions of the Act specified in Schedule Awhich apply tosuch trust or class of trusts shall cease to apply to such trust or class of trusts.
(3) Save as otherwise provided in this section, suchrepealor cessation shall not in any way affect -
(a) any right, title, interest, obligation or liability already acquired, accrued or incurred before the said date,
(b) any legal proceedings or remedy in respect of such right, title, interest, obligation or liability, or
No prosecution for an offence punishable under thisAct,shall be instituted without the previous sanction of the Charity Commissioner.
(1) The State Government may make rules for the purpose of carrying 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;
(aa) the qualifications of the Director, and Assistant Directors, of Accounts appointed under section 6;
(b) the powers, duties andfunctions of the officers other than the Charity Commissioner, DeputyandAssistantCharityCommissioners appointed under this Act in addition to those provided for in this Act;
(c) the powers, duties and functions of assessorsinaddi
(1) On the commencement of this Act in that area of the State to whichitis extended bythe Bombay PublicTrusts(UnificationandAmendment)Act,1959-(Bom. VI of 1960.)
(1) the Religious Endowments Act, 1863,(XX of 1863.) as in force in the Saurashtra and Kutch areas of the State. (ii) the Madhya Pradesh Dharmadaya, Funds Act, 1951, (M.P. Act XVIII of 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 publictrustsundersub-section (4) of section 1 (hereinafter in this section referred to as the said date), the provisions of the Acts, specified in ScheduleAAwhich apply tosuch trust or
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