The Maharashtra Public Trusts Act.
(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 1[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.
(1) Every trustee of a public trust 1**** shall keep regular accounts.
(2) Such account shall be kept in such form as may be approved by the Charity Commissioner and shall contain such particulars as may be prescribed.
(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 be audited annually 1* * * * * by a person 2[who is a chartered accountant within the meaning of the Chartered Accountants Act, 1949 (XXXVIII of 1949) or 3[by such persons as the State Government may, subject to any conditions, authorise in this behalf :
Provided that, no such person is in any way interested in, or connected with, the public trust].
(3) Every auditor acting under sub-
(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 1[along with a copy of his report to the trustee, and] to the Deputy or Assistant Charity Commissioner of the region or sub-region or to the Charity Commissioner, if the Charity Commissioner requires him to do so.
2[(1A) It shall be the duty of the trustee of a public trust to file a copy of the balance sheet and income and expenditure account forwarded by the auditor before the Deputy or Assistant Charity Commissioner of the region or sub-region or to the Charity Commissioner, it the Charity commissioner requires him to do so.]
(2) The auditor shall in his report specify all cases of irregular, il
1[36A. Powers and duties of, and restrictions on, trustees.- (1) A trustee of every public trust shall administer the affairs of the trust and apply the funds and properties thereof for the purpose and objects of the trust in accordance with the terms of the trust, usage of the institution and lawful directions which the Charity Commissioner or court may issue in respect thereof, and exercise the same care as a man of ordinary prudence does when dealing with such affairs, funds or property, if they were his own.
(2) The trustee shall, subject to the provisions of this Act and the instrument of trust, be entitled to exercise all the powers incidental to the prudent and beneficial management of the trust, and to do all things necessary for the due performance of the duties imposed on him.
(3) No
(1) A public trust shall prepare and maintain a register of all moveable and immovable properties (not being property of a trifling value) of such trust in such form or forms giving all such information, as may be prescribed by the Charity Commissioner.
(2) Such register shall show the jewels, gold, silver, precious stones, vessels and utensils and all other moveable property belonging to the trust with their description, weight and estimated value.
(3) Such register shall be prepared within three months from the expiry of the accounting year after the commencement of the Bombay Public Trusts (Amendment) Act, 1970 (Mah. XX of 1971).
(4) Such register shall be signed by all the trustees or by any person duly authorised by trustees in this behalf a
1[(1) The Charity Commissioner, the Deputy or Assistant Charity Commissioner or any officer authorised by the State Government by a general or special order shall have power-
(a) to enter on and inspect or cause to be entered on and inspected any property, belonging to a public trust;
2[(b) to call for and inspect any proceedings of the trustees of any public trust, and any book of accounts or document in the possession or under the control of the trustees or any person connected with the trust;]
(c) to call for any return, statement, account or report which he may think fit from the trustees or any person con
38. Explanation on report of auditor 1[or on complaint].- On receipt of a report of the auditor under section 34 2[or of a report, if any, made by an officer authorized under section 37] 3[or on receipt of a complaint in respect of any trust] the Deputy or Assistant Charity Commissioner to whom the report is submitted 4[or complaint is made] shall require the trustee or any other person concerned to submit an explanation thereon within such period as he thinks fit.
1[39. Report to Charity Commissioner.- On considering the report referred to in section 38, the accounts or explanation, if any, furnished by the trustees or any other person connected with the public trust and after holding an inquiry in the prescribed manner, the Deputy or Assistant Charity Commissioner shall record his findings on the question whether or not a trustee or the person connected with the trust has been guilty of gross negligence, breach of trust, misappropriation or misconduct which resulted in loss to the trust, and make a report thereof to the Charity Commissioner.]
40. 1[Power of Charity Commissioner to issue orders on report received under section 39 or to remand matter, etc.].- 2[The Charity Commissioner may,] after considering the report of the Deputy or Assistant Charity Commissioner, giving an opportunity to the person concerned and holding such inquiry 3[as he thinks fit,-
(1) determine-]
(a) the amount of loss caused to a public trust;
(b) whether such loss was due to any 4[gross negligence,] breach of trust, mis-appropriation or misconduct on the part of any person;
(c)
(1) If the Charity Commissioner decides 1[that any person connected with the trust] is liable to pay to the public trust any amount for the loss caused to the trust, the Charity Commissioner may direct that the amount shall be surcharged on the person.
(2) 2[The order] of the Charity Commissioner under sub-section (1) shall be final and conclusive.
1[41A. Power of Commissioner to issue directions 2[for proper administration of the trust.- (1) Subject to the provisions of this Act, the Charity Commissioner may from time to time issue directions to any trustee of a public trust or any person connected therewith, to ensure that the trust is properly administered, and the income thereof is properly accounted for or duly appropriated and applied to the objects and for the purposes of the trust; and the Charity Commissioner may also give directions to the trustees or such person that if he finds any property of the trust is in danger of being wasted, damaged, alienated or wrongfully sold, removed or disposed of :
3[Provided that, if any application is made by the trustee of any trust for seeking directions under sub-section (1), the Charity Commissioner shall decide such application wit
1[41AA. Power of Charity Commissioner and State Government to issue directions in respect of hospitals, etc., to earmark certain beds, etc., for poorer patients to be treated free of charge or at concessional rates.- (1) Notwithstanding anything contained in any law for the time being in force or in any instrument of trust or in any contract or in any judgement, decree or order of any Court, Tribunal, Charity Commissioner or other competent authority, in the case of any State aided public trust, whose annual expenditure exceeds five lakhs of rupees, or such other limit as the State Government may, from time to time, by notification in the Official Gazette, specify, with a view to making essential medical facilities available to the poorer classes of the people, either free of charge, or at concessional rates, it shall be lawful for the Charity Commissioner, subject to such general or special order as the State Gove
(1) On receipt of a complaint in writing from any person having interest in respect of any public trust or suo motu the Charity Commissioner or Deputy or
Assistant Charity Commissioner may institute an inquiry with regard to charities or a particular charity or class of charities either generally, or for particular purposes.
(2) The officers aforesaid may either hold the inquiry themselves, or entrust such inquiry to the officer authorised under sub-section (1) of section 37.
(3) For the purpose of any such inquiry, the officer holding the inquiry may, by notice, require any person to attend at a specified time and place and give evidence or produce documents in his custody or control which relate to any matter in question at the inquiry.
1[41C. Persons (other than public trust) collecting money, subscription or donation, etc.- (1) Notwithstanding anything contained in this Act, no person (other than public trust) shall, after the commencement of the Maharashtra Public Trusts (Amendment) Act, 2017 (Mah. XXXVI of 2017), collect or cause to be collected any money, contribution, subscription or donation, in cash or kind, for religious or charitable purposes, without seeking prior permission of the Assistant Charity Commissioner or the Deputy Charity Commissioner upon a written application in such form as may be prescribed, either online or directly to the Assistant Charity Commissioner or the Deputy Charity Commissioner :
Provided that, in the exigencies for aiding, assisting or giving relief to the persons affected by natural disaster, war, riots, accidents or similar cause, the collection may be made
(1) The Charity Commissioner may, either on application of a trustee or any person interested in the trust, or on receipt of a report under section 41B or suo motu may suspend, remove or dismiss any trustee of a public trust, if he,-
(a) makes persistent default in the submission of accounts report or return;
(b) wilfully disobeys any lawful orders issued by the Charity Commissioner under the provisions of this Act or rules made thereunder by the State Government;
(c) continuously neglects his duty or commits any mal-feasance or misfeasance, or breach of trust in respect of the trust;
(1) Where it is brought to the notice of the Charity Commissioner either by the Deputy or Assistant Charity Commissioner through his report or by an application by at least two persons having interest supported by affidavit,-
(a) that any trust property is in danger of being wasted, damaged or improperly alienated by any trustee or any other person, or
(b) that the trustee or such person threatens, or intends to remove or dispose of that property,
the Charity Commissioner may by order grant a temporary injunction or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of such property, on such terms as
1[41F. Attachment of property in certain cases.- (1) Wherein it is brought to the notice of the Charity Commissioner or Deputy Charity Commissioner or two or more persons having interest in the trust property that disobedience of any of the orders passed under any of the sections in the Chapter VI is committed, the Charity Commissioner may after hearing the parties concerned, order the property of such person guilty of such disobedience or breach, to be attached and may also order such person to be detained in jail for a term not exceeding six months. No attachment under this sub-section shall remain in force for more than one year, at the end of which time, if the disobedience or breach continues, The property attached may be sold, and out of the proceeds the Charity Commissioner may award such compensation as he thinks fit, and shall pay the balance, if any, to the person entitled thereto, and thereupon, any order passed
1[Each Charity Commissioner] shall be a corporation sole and shall have perpetual succession and a common seal and may sue and be sued in his corporate name.
1[43. Maharashtra Charity Commissioner to be Treasurer of Charitable Endowments under Act VI of 1890.- 2[(1)] 3* * * * *
4[(2) Notwithstanding anything contained in the Charitable Endowments Act, 1890 (VI of 1890), the Charity Commissioner shall have the following powers:-
(a) power to modify or substitute the scheme for the administration
[Charity Commissioner can act as trustee of public trusts.] Deleted by Mah. 20 of 1971, s. 31.
[Charity Commissioner may with consent be appointed trustee of settlement by grantor.] Deleted by Mah. 20 of 1971, s. 31.
[Appointment of Charity Commissioner as trustee under will.] Deleted by Mah. 20 of 1971, s. 31.
1[47. Power of Charity Commissioner to appoint, suspend, remove or discharge trustees and to vest property to new trustees.- (1) Any person interested in a public trust may apply to the Charity Commissioner for the appointment of a new trustee, where there is no trustee for such trust or the trust cannot be administered until the vacancy is filled, or for the suspension, removal or discharge of a trustee, when a trustee of such trust,-
(a) disclaims or dies;
(b) is for a continuous period of six months absent from India without the leave of the Charity Commissioner or the Deputy or Assistant Charity Commissioner or the officer authorised by the State Government in this behalf;
[Power of Charity Commissioner to apply to Court for appointment of new trustee where convicted under Act.] Deleted by Mah. 20 of 1971, s. 33.
[Power of Court to vest property in new trustee.] Deleted by Mah.20 of 1971, s. 33.
[Court not to appoint Charity Commissioner as trustee of religious trust and Charity Commissioner not to accept such trust if management of religious affairs is involved.] Deleted by Mah. 20 of 1971, s. 33.
[Levy of administrative charges.] Deleted by Mah. 20 of 1971, s. 33.
[Transfer of property by Charity Commissioner.] Deleted by Mah. 20 of 1971, s. 33.
1[50. Suit by or against or relating to public trusts or trustees or others.- In any case,-
(i) where it is alleged that there is a breach of a public trust, negligence, mis-application or misconduct on the part of a trustee or trustees,
2[(ii) where a direction or decree is required to recover the possession of or to follow a property belonging or alleged to be belonging to a public trust or the proceeds thereof or for an account of such property or proceeds from a trustee, ex-trustee, alienee or any other person but not a person holding adversely to the public trust, trespasser, licensee or tenant,]
(iii) w
1[50A. Power of Charity Commissioner to frame, amalgamate or modify schemes.- (1) Notwithstanding anything contained in section 50, where the 2[Assistant or Deputy Charity Commissioner] has reason to believe that, in the interest of the proper management or administration of public trust, a scheme should be settled for it, or where two or more persons having interest in a public trust make an application to him in writing in the prescribed manner that, in the interest of the proper management or administration of a public trust, a scheme should be settled for it, the 3[Assistant or Deputy Charity Commissioner] may, if, after giving the trustees of such trust due opportunity to be heard, he is satisfied that it is necessary or expedient so to do, frame a scheme for the management or administration of such public trust.
(2) Where the
(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. 1[If the Charity Commissioner after hearing the parties and making such enquiries (if any) as he thinks fit is satisfied that there is a prima facie case, he] may within a period of six months from the date on which the application is made, grant or refuse his consent to the institution of such suit. The order of the Charity Commissioner refusing his consent shall be in writing and shall state the reasons for the refusal.
2[(2) If the Charity Commissioner refuses his consent to the institution of the suit under sub-section (1), the persons applying for such consent may file an appeal to the Court, as if such order was an order passed by the District Co
1[(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[(2) If 3[on the date of the application of the Act to any public trust any legal proceedings in respect of such trust are pending before 4[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.]
5[(3) Any reference to the Advocate-General made in any instrument, scheme, order or decree o
1[52A. Suit against assignee for valuable consideration not barred by time.- 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.]
(1) Where under any will a bequest has been made in favour of a public trust or where such bequest itself creates a public trust, it shall be the duty of the executor under the will to forward copy thereof to the Deputy or Assistant Charity Commissioner for the region or sub-region where 1[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) Where according to the custom or usage of any business or trade or the agreement between the parties relating to any transaction any amount is charged to any party to the said transaction or collected under whatever name, as being intended to be used for a charitable or religious purpose the amount so charged or collected 1[(in this Act called- "dharmada" )] shall vest in the person charging or collecting the same as a trustee.
(2) Any person charging or collecting such sums shall within three months from the expiration of the year for which his accounts are ordinarily kept submit an account in such form as may be prescribed to the Deputy or Assistant Charity Commissioner.
(3) The Deputy or Assistant Charity Commissioner shall have power to make such inquiry as he thinks fit to verify the
1[55. Cypres.- (1) If upon an application made to him or otherwise, the Assistant or Deputy Charity Commissioner is of opinion that,-
(a) the original object for which the public trust was created has failed ;
(b) the income or any surplus balance of any public trust has not been utilised or is not likely to be utilised;
(c) in the case of a public trust other than a trust for a religious purpose, it is not in public interest expedient, practicable, desirable, necessary or proper to carry out wholly or partially the original intention of the author of the public trust or the object for which the public trust was
[Court's power to hear application.] Deleted by Mah. 55 of 2017, s. 17.
[Power of trustee to apply for directions.] Deleted by Mah. 55 of 2017, s. 18.
(1) In any suit or legal proceedings in which 1** * any question affecting a public religious or charitable purpose is involved, the Court shall not proceed to determine such question until after notice has been given to the Charity Commissioner.
(2) If upon the receipt of such notice or otherwise the Charity Commissioner makes any application in that behalf, he shall be added as a party at any stage of such suit or proceedings.
(3) In this section "Court" shall mean any Civil Court of competent jurisdiction in the 2[State of Maharashtra].
The State Government shall, from such date as it determines, and in the manner hereinafter provided, transfer the endowment, or the management thereof to a committee (hereinafter referred to as "committee") and thereupon such endowment together with all the immovable or moveable property appertaining thereto, or as the case may be, management thereof shall vest in the members of such committee ; and the members of the committee shall be the trustees or such endowment within the meaning and for the purposes of this Act.
(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) 1[one or more committees for one or more districts as the State Government may think fit].
(2) The committee shall have power to acquire, hold and dispose of property, subject to such conditions and restrictions as may be prescribed, and may sue and be sued in the names of all the members of the committee.
(3) A Committee shall consist of not less than five and not more than seven members and the members in the case of a religious endowment shall, and in any other case may, b
(1) A member shall be appointed to a committee for a period of five years, but shall be eligible for re-appointment.
(2) A member may, by writing under his hand addressed to the State Government, resign his membership of committee :
Provided that, such resignation shall not take effect until the resignation has been accepted by the State Government.
(1) A person shall be disqualified for appointment as, or for being, a member of a committee if he-
(a) is a minor ;
(b) has been convicted by a criminal court of any offence involving moral turpitude ;
(c) is of unfound mind, and is so declared by a competent court;
(d) is an undischarged insolvent;
(e) has directly or indirectly interest in a lease or any other transaction relating to the property vesting in the committe
The State Government may appoint a new member when a member of committee-
(a) resigns or dies ;
(b) is for a continuous period of six months absent from India without leave of the Charity Commissioner ;
(c) leaves India for the purpose of residing abroad ;
(d) desires to be discharged ;
(e) refuses to act; or
(f) is removed
(1) The State Government shall from amongst the members, of a committee appoint a chairman and shall also appoint a treasurer.
(2) The State Government may direct that the chairman, treasurer and other members of the committee may be paid such honorarium or fees and allowances 1[from the Management Fund constituted under section 56QQ] and in such manner as may be prescribed.
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 at it thinks necessary for the efficient performance of the duties and functions of the committee under this Act:
Provided that no officer or servant who is paid or is to be paid salary of over one hundred per mensum shall be appointed by a committee without the previous approval of the State Government.
(1) The Secretary, officers and servants shall be appointed on such terms and conditions as to service as may be prescribed by rules or, as the case may be, by regulations made by the committee.
(2) The salary and allowances of the Secretary, officers and servants of the committee shall be paid 1[out of the Management Fund].
(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-
No act or proceeding of a committee shall be invalid by reason only of the existence of any vacancy amongst its members, or any defect in the constitution thereof.
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[56QQ. Management Fund.- (1) For each committee there shall be constituted a fund to be called the "Management Fund" which shall vest in, and be under the control of the committee.
(2) There shall be placed to the credit of every Management Fund-
(a) save as otherwise provided in sub-section (3) in respect of Kolhapur, the total balances (whether in cash, securities or in any other form) standing to the credit of any endowment held by the State Government immediately before such endowment or the management thereof is transferred to, and vested in, the members of the committee under section 56D ;
(b) a sum not exceeding ten percent, of the gross
(1) If the State Government is of opinion that a committee is unable to perform or has persistently made default in the performance of, the duties imposed upon it by or under this Act, or has exceeded or abused its powers, the State Government may, by notification in the Official Gazette, supersede the committee for such period as may be specified in the notification :
Provided that, before issuing a notification under this sub-section, the State Government shall give a reasonable opportunity to the committee to show cause, why it should not be superseded and consider the explanations and objections if any of the committee.
(2) Upon the publication of a notification under sub-section (1) superseding a committee-
1[56RR. Power of removal of members of committee and appointment of Administrator temporarily.- (1) Notwithstanding anything contained in this Chapter or any other provisions of this Act or in any judgement, decree, order or scheme of any Court, Charity Commissioner or any other authority, where a committee of management has been appointed by the State Government under section 56E in respect of any endowment or endowments, and the State Government is of opinion that for better management and administration of the endowments, the management of the said endowments should be taken over temporarily by the State Government and then should be governed by a scheme or schemes framed by the Charity Commissioner or should be handed over again to the committee as reconstituted, the State Government may, by notification in the Official Gazette,-
(1) The committee may, with the approval of the State Government make regulation not inconsistent with this Act or the rules made thereunder for carrying out its functions under this Act.
(2) In particular but without prejudice to the generality of the foregoing provision, such regulations may provide for all or any of the following matters, namely :-
(i) despatch of day-to-day proceedings and routine 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 ;
Except so far as is expressly provided in the provisions of this Chapter, nothing in sections 18,19, 20, 21 1** * 47, 2* * * 50, 59, 66 and 67 shall apply to the endowments to which this Chapter applies :]
3[Provided that, the provisions of this Chapter shall cease to apply to any such endowment in respect of which a scheme has been framed under section 50A, and upon framing of such scheme, the other provisions of this Act, except sections 18, 19, 20, and 21 shall apply to such endowment.]
1[(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 :-
2[(a) fees leviable under section 18 ;]
(b) Contributions made under section 58 ;
(c) the amount from the funds or the portion thereof credited under section 61 ;
(d) any sum received from a private person ;
158. Contribution by public trusts to Public Trusts Administration Fund.- (1) Subject to the provisions of this section, every public trust shall pay to the Public Trusts Administration Fund annually such contribution at a rate or rates not exceeding 2[five per cent, of the gross annual income, or of the gross annual collection or receipt, as the case may be, as may be notified, from time to time, by the State Government, by order published in the Official Gazette. The contribution shall be paid on such date and in such manner as may be prescribed.]
3[The contribution payable] under this section shall-
(i) in the case of a dharmada, be fixed at a rate or rates on the gross annual collection or receipts of the dharmada
(1) If the trustee of a public trust (other than the Charity Commissioner) 1[or the person charging or collecting dharmada] fails to pay the contribution under section 58 he shall be liable to penalties provided in section 66.
(2) The Charity Commissioner may also make an order directing the bank in which or any person with whom any money belonging to the public trust are deposited to pay the contribution from moneys as may be standing to the credit of the public trust or may be in the hands of such person or may from time to time be recovered from or on behalf of the public trust by way of deposit by such bank or person and such bank or person shall be bound to obey such order. Every payment made pursuant to such order shall be a sufficient discharge to such bank or person from all liability to the public trust in respect of any sum or sums so paid by it or
(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 this Act to any public trust or class of public trusts which may have been registered under any of the Acts specified in 1[Schedule A] 2[or Schedule AA], 3[the State Government may direct that the Charity
Commissioner shall recover any arrears due under any such Act and] that the amount of any fund or for the administration of public trusts constituted under the said Act for the region or sub-region in which such public trust or class of public trust was registered or any portion thereof 4[including the arrears recovered by the Charity Commissioner] shall be credited to the Public Trusts Administration Fund constituted under this Chapter.
1[66. Penalty.- 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.
Explanation.- The entries in the second column of the said table headed "Subject" are not intended as the definitions of offences described in the sections mentioned in the first column or even as abstracts of those sections, but are inserted merely as references to the subject of the sections, the numbers of which are given in the first column:-
Whoever alienates or attempts to alienate any immovable property of the trust without the previous sanction of the Charity Commissioner in contravention of the provision of section 36 shall, on conviction, be punished with simple imprisonment, which may extend to six months or with fine, which may extend to rupees twenty-five thousand, or with both.
Whoever fails without reasonable cause to comply with any directions issued under section 41AA shall, on conviction, be punished with simple imprisonment, which may extend to three months or with fine which may extend to rupees twenty thousand, or with both.]
1[66C. Punishment for contravention of section 41C.- Whoever contravenes the provisions of section 41C shall, on conviction, be punished with simple imprisonment for a term which may extend to three months or with fine, which may extend to one and half times the amount or contribution collected without seeking prior permission under sub-section (1) of section 41C or intimation under the proviso to sub-section (1) of section 41C, as the case may be, or with both.].
Whoever contravenes any of the provisions of this Act or the rules for which no specific penalty has been provided by this Act 1[or fails without reasonable cause to comply
with any order passed or direction issued under any of the provisions of this Act by the Charity
Commissioner, Joint Charity Commissioner or Deputy or Assistant Charity Commissioner] shall, on conviction, be punished with fine which may extend to 2[Rs. 10,000].
1[67A. Compounding of offence.- (1) The officer not below the rank of Assistant Charity Commissioner under whose direction the complaint has been lodged may, either before or after the institution of proceedings for any offence punishable under this Act, on receipt of composition amount, which he deems fit, having regard to the nature of the default, past and present conduct of the accused and other relevant factors, may authorise compounding of offence:
Provided that, the composition amount shall not exceed one-fourth of the maximum amount of fine provided under the respective sections.
(2) The amount of composition of offences so recovered shall be credited to the Public Trust Administration Fund.]
For the purposes of this Act, the following shall be the duties and functions to be performed and powers to be exercised by the Deputy or Assistant Charity Commissioner for the region or sub-region for which he is appointed, namely :-
(a) to keep and maintain such books, entries and other documents as may be prescribed under section 17;
(b) to hold an inquiry under section 19 or 22 for any of the purposes mentioned in the said section ;
(c) to record entries in the register kept under section 17 and to make amendments in the said entries 1[or the cancellation of the entries] under section 22 ;
For the purposes of this Act, the following shall be the duties to be performed and powers to be exercised by the Charity Commissioner, namely:-
(a) the general superintendence of the administration and carrying out the purposes of this Act under section 3 ;
1[(b) power to entertain and dispose of appeals from the findings of a Deputy or Assistant Charity Commissioner under section 20, 22 or 28 and order under sections 50A and 79] ;
(c) power to determine which of the Deputy or Assistant Charity Commissioners shall proceed with an inquiry relating to the registration of any public trust under section 25 ;
(1) An appeal 1[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 2[and order, if any,] under section 20 ;
(b) the finding under section 22;
3[(b-1) the finding under section 22A;]
(c) the finding under section 28 ;
4[(c-1) the order under section 41C;]
1[70A. Charity Commissioner to call for and examine records and proceeding before Deputy or Assistant Charity Commissioner.- (1) The Charity Commissioner may in any of the cases mentioned in section 70, 2[either suo motu or on application] call for and examine the record and proceedings of such case before any Deputy or Assistant Charity Commissioner for the purpose of satisfying himself as to the correctness of any finding or order recorded or passed by the Deputy or Assistant Charity Commissioner and may either annul, reverse, modify or confirm the said finding or order or may direct the Deputy or Assistant Charity Commissioner to make further inquiry or take such additional evidence as he may think necessary or he may himself take such additional evidence :
Provided that the Charity Commissioner shall not record or pass any orders without givin
[Appeal to Divisional Commissioner.] Deleted by Mah. 55 of 2017, s. 23.
[Application from Charity Commissioner's decision under section 40, 41, 41C and 43(2)(a) and (c), 50A, 70 or 70A, etc.] Deleted by Mah. 55 of 2017, s. 24.
In holding inquiries under this Act, the officer holding the same shall have the same powers as are vested in courts in respect of the following matters under the Code of Civil Procedure, 1908 (V of 1908) in trying a suit-
(a) proof of facts by affidavits,
(b) summoning and enforcing the attendance of any person and examining him on oath,
1[(c) ordering discovery and inspection, and compelling the production of documents,]
(d) issuing of commissions :
1[73A. Power of inquiry officer to join persons as party to proceedings.- In any proceedings under this Act, any person having interest in the public trust may be joined as a party to such proceedings on an application made by such person on such terms and conditions as the officer holding the inquiry may order.]
All inquiries and appeals under this Act shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (XLV of 1860).
1[74A. Charity Commissioner, Joint Charity Commissioner, Deputy or Assistant Charity Commissioner, etc., to be civil court within sections 345 and 346 the code Criminal Procedure, 1973.- When the State Government so directs, the Charity Commissioner, Joint Charity Commissioner or Director of Accounts or any Deputy or Assistant Charity Commissioner shall be deemed to be a civil court within the meaning of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).]
In computing the period of appeal under this Chapter, the provisions of sections 4, 5,12 and 14 of the Indian Limitation Act, 1908 (IX of 1908), shall apply to the filing of such appeals.
76. Civil Procedure Code to apply to proceedings 1[before Court] under this Act.- 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.
1[77. Recovery of sums under the Act and rules.- All sums payable under the provision of this Act or rules, if not paid shall notwithstanding anything contained in any law be recoverable as an arrear of land revenue.]
78. Charity Commissioner and other officers 1*** to be public servants.- The Charity Commissioner, Deputy and Assistant Charity Commissioners, 2[the Director and Assistant Director of Accounts,] Inspectors and other subordinate officers 3* * * appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (XLV of 1860).
1[79. Decision of property as public trust property.- (1) Any question, whether or not a trust exists and such trust is a public trust or particular property is the property of such trust, shall be decided by the Deputy or Assistant Charity Commissioner or the Charity Commissioner as provided by this Act.
(2) An appeal shall lie against such decision of the Assistant or Deputy Charity Commissioner to the Charity Commissioner under section 70.]
1[79AA. Power to finalise reconstructed record.- (1) Whenever any record kept in any Public Trust Registration Office is damaged or destroyed due to any cause whatsoever and is reconstructed, the Assistant or Deputy Charity Commissioner may by notice in the prescribed form published in the Official Gazette, and also in any newspapers with wide circulation in the region concerned, announce the fact of the reconstruction of the record, and call upon all persons having interest in the public trusts which are entered in such reconstructed record to show cause in writing within a period of thirty days from the publication of the notice in the Official Gazette, why such record should not be treated as final and conclusive. A copy of such notice may be sent also to the trustees of such public trusts.
(2) On the expiry of the period of thirty days a
1[79A. Recovery of costs and expenses incurred on legal proceedings by Charity Commissioner, etc.- All costs, charges and expenses incurred by the Charity Commissioner or the Deputy or Assistant Charity Commissioner as a party to, or in connection with, any legal proceedings in respect of any public trust shall, notwithstanding anything contained in section 79B, be payable out of the property or funds of the public trust, except in cases where the liability to pay the same has been laid on any party or other person personally and the right to reimbursement under this section has been negatived in express terms.
The costs, charges and expenses of and incidental to any suit, appeal or application to any court including the High Court under this Act shall be in the direction of the court, which may, subject to the provisions of section 79A, direct the whole or any part of such costs, charges and expenses to be met from the property or funds of the public trust concerned or to be borne and paid in such manner and by such persons as it thinks fit.
(1) This Act may be called the 1[Maharashtra Public Trusts Act.]
2[(2) it shall extend to the whole of the 3[State of Maharashtra.]
(3) This Act shall come into force at once; but the provisions thereof shall apply to a public trust or any class of public trusts on the dates specified in the notification under sub-section (4).
(4) The State Government may, by notification in the Official Gazette, specify the date on which the provisions of this Act shall apply to any public trust or any 4[class of public trusts; and different dates may be specified for such trusts in different areas]:
Provided that the State Government may also by
In this Act unless there is anything repugnant in the subject or context,-
1* * * *
(2) "Assistant Charity Commissioner" means an Assistant Charity Commissioner appointed under section 5;
2[(2A) "beneficiary" means any person entitled to any of the benefit as per the objects of the trust explained in the trust deed or the scheme made as per this Act and constitution of the trust and no other person;].
(3)
[Construction of certain references in the Act in their application to that part of Mysore to which the Act extends]. Deleted by Bom. 6 of 1960, s. 5.
1[The State Government] may, by notification in the Official Gazette, appoint an Officer to be called the Charity Commissioner, who shall exercise such powers and shall perform such duties and functions as are conferred by or under the provisions of this Act and shall, subject to such general or special orders as the State Government may pass, superintend the administration and carry out the provisions of this Act 2[throughout the State].
3* * * * * * *
1[3A. Joint Charity Commissioners.- 2[(1)] The State Government may, by notification in the Official Gazette, appoint one or more officers to be called Joint Charity Commissioner, who shall subject to the control of the Charity Commissioner and such general or special orders as the State Government may pass, exercise all or any of the powers and perform all or any of the duties and functions, of the Charity Commissioner.]
3[(2)The State Government may, by general or special order, declare a Joint Charity Commissioner to be the regional head to superintend, subject to the control of the Charity Commissioner, the administration in one or more regions or sub-regions, as may be specified in such order.]
1[4. Qualification for appointment of Charity Commissioner [2and Joint Charity Commissioner].- 3[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: 4*
5[Provided that a person to be appointed as a Joint Charity Commissioner may be one who is holding or has held a judicial office not lower in rank than that of an Assistant Judge or an Additional Chief Judge of the Court of Small Causes, Bombay 6[or who has held the office of a Deputy
(1) The State Government may also appoint such number of Deputy and Assistant Charity Commissioner 1[in the office of the Charity Commissioner or] for such regions or sub-regions or for such public trust or such class of public trusts as may be deemed necessary.
2[(2) A person to be appointed as a Deputy Charity Commissioner shall be one-
(a) who is holding or has held a judicial office not lower in rank than that of a Civil Judge (Senior Division) or Judge of the Court of Small Causes of Bombay or any office which in the opinion of the State Government is an equivalent office, or,
(b) who has been for not less than eight years,-
1[For the purpose of carrying out the provisions of this Act, the State Government may appoint the Director of Accounts and Assistant Directors of Accounts possessing the prescribed qualifications, Inspectors and other subordinate officers] and assign to them such powers, duties and functions under this Act, as may be deemed necessary:
2[Provided that the State Government may, by general or special order and subject to such conditions as it deems fit to impose, delegate to the Charity Commissioner, 3[the Joint Charity Commissioner] and the Deputy and Assistant Charity Commissioner powers to appoint subordinate officers and servants as may be specified in the order.]
1[6A. Charity commissioner and other officers to be servants of State Government.- 2[The Charity Commissioner, 3[the Joint Charity Commissioner,] the Deputy and Assistant Charity Commissioner,] 4[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, 1[the Joint Charity Commissioner,] the Deputy and Assistant Charity Commissioners, 2[the Director of Accounts, the Assistant Directors and Accounts, the Inspectors and other subordinate officers and servants appointed under the Act.]
[Assessors.] Deleted by Mah. 12 of 1967, s. 4.
(1) The State Government may delegate any of its own powers or functions
under this Act to the Charity Commissioner or any other officer subject to such conditions as it thinks fit.
(2) The State Government may also direct that any powers exercisable and duties or functions to be performed by any particular officer appointed under this Act may be performed by any other officer subject to such conditions as it thinks fit.
1[1] For the purposes of this Act, a Charitable Purpose includes-
(1) relief of poverty or distress.
(2) education.
2[(3) medical relief.
(3A) provisions or facilities for recreation or other leisure time occupation (including assistance for such provision), if the facilities are provided in the interest of social welfare and public benefit, and]
(4) the advancement of any other object of general public utility, but does not include a purpose which relates-
3*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 un-ascertainable.
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 charitable or religious purpose, such trust shall not be deemed to be void only on the ground-
(a) that the performance of the specific object for which the trust was created has become impossible or impracticable, or
(b) that the society or institution does not exist or has ceased to exist, notwithstanding the fact that there was no intent for the appropriation of the trust property for a general charitable or religious purpose.
(1) For the purpose of this Act, the State Government may form regions and sub-regions and may prescribe and alter limits of such regions and sub-regions.
(2) The regions and sub-regions formed under this section, together with the limits thereof and every alteration of such limits shall be a notified in the Official Gazette.
In every region or sub-region there shall be a Public Trusts Registration Office :
Provided that for two or more regions or sub-regions, there may be one Public Trusts Registration office :
Provided further that for one region or sub-region there may be one or more Joint Public Trusts Registration Offices.
1[15A. Power to set up offices in district.- To facilitate the administrative work of the regions and sub-regions, the State Government may set up offices in all the districts under any region or sub-region.]
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 other 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 1[or the trust property or substantial portion of the trust property is situated, as the case may be.]
(3) Such application shall be in writing, shall be in such form and accompanied by such fee as may be prescribed.
(4) Such application shall-
(a) in the case of a public trust cre
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-
1[(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)
On completion of the inquiry provided for under section 19, the Deputy or Assistant Charity Commissioner shall record his findings with the reasons therefor as to the matter mentioned in the said section, 1[and may make an order for the payment of the registration fee.]
(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 1[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 or Assistant Charity Commissioner in charge of the Public Trusts Registration Office where the register is kept. Such report shall be made in the prescribed form.
1[Provided that, the Deputy or Assistant Charity Commissioner may extend the period of ninety days for reporting the change on being satisfied that there was a sufficient cause for not reporting the change within the stipulated period subject to payment of costs by the reporting trustee, which shall be credited to the Public Trust Administration Fund.]
1[22A. Further inquiry by Deputy or Assistant charity Commissioner.- If at any time after the entries are made in the register under section 21,2[22 or 28 it appears to the Deputy or Assistant Charity Commissioner that any particular relating to any public trust, which was not the subject-matter of the inquiry under section 19, or sub-section (3) of] section 22 3[or section 28], as the case may be, has remained to be enquired into, the Deputy or Assistant Charity Commissioner, as the case may be, may make, further inquiry in the prescribed manner, record his findings and make entries in the register in accordance with the decision arrived at or if appeals or application 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 an
1[22B. Registration of trust property in the name of public trust, which has already been registered, etc.– (1) In the case of a public trust,-
(a) which is deemed to have been registered under this Act under section 28, or
(b) which has been registered under this Act before the date of the coming into force of the Bombay Public Trusts (Amendment) Act, 1955 (Bom. XXIII of 1955). (hereinafter referred to as "the said date" on an application made under section 18, or
(c) in respect of which an application for registration has been made under section 18 and such application was pending on the said date,
1[(1) In the case of a public trust,-
(a) which is deemed to have been registered under this Act under 2[section 28, read with Schedule A], or
(b) which has been registered under this Act before the coming into force of the Bombay Public Trusts (Amendment) Act, 1955 (Bom. XXIII of 1955 (hereinafter referred to as "the said date") on an application made under section 18, or
(c) in respect of which an application has been made under section 18 and such application was pending on the said date,
the trustee of such public trust shall within three months fr
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 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.
No deputy or Assistant Charity Commissioner shall proceed with an inquiry under section 19 or 22 in regard to any public trust which has been already registered in any other region or sub-region.
(1) If an inquiry under section 19 or 22 in regard to any public trust is pending before more than one Charity Commissioner, whether Deputy or Assistant, the Charity commissioner shall, on the application of any of the Deputy or Assistant Charity Commissioner before whom such inquiry is pending or his own motion, determine which of such Deputy or Assistant Charity commissioner shall proceed with the inquiry in regard to such trust.
(2) The determination of the charity Commissioner under sub-section (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.
1[Entries in register to be made or amended in certain cases].- 2[(1)] Any Court of competent jurisdiction deciding any question relating to any public trust which by or under the provisions of this Act is not expressly or impliedly barred form 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. 2[The entries so made or amended] shall not be altered except in case where such decision has been varied in appeal or revision by a court of competent jurisdiction. Subject to such alterations, the 3[entries made or amended] shall be final and conclusive.
4[(2) Where the Charity Commissioner decides any question in rel
[Stamping of scrips.] Repealed by Bom. 39 of 1951, s. 2, First Schedule.
(1) All public trusts registered under the provision of any of the enactments specified in 1[Schedule A] 2[and Schedule AA] shall be deemed to have been registered under this Act from the date on which this Act may be applied to them. The Deputy or Assistant Charity commissioner of the region or sub-region within the limits of which 3[a public trust had been registered under any of the said enactments] shall issue notice to the trustee of such trust for the purpose of recording entries relating to such trust in the register kept under section 17 and shall after hearing the trustee and making such inquiry 4[as may be prescribed] record findings with the reason therefor. Such findings shall be in accordance with the entries in the registers already made under the said enactment subject to such changes as may be necessary or expedient.
(2<
1[28A. Copy of entries relating to property to be sent to sub-registrar 2* **.- The Deputy or Assistant Charity Commissioner shall send a memorandum in the prescribed form containing entries including the entry of the name and description of the public trust, relating to immovable property of such public trust made by him in the register kept under section 17-
(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.
3**
[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 executor of such will shall within one month from the date on which the probate of the will is granted or within six months from the date the testator's death 1[whichever is earlier] make an application for the registration in the manner provided in section 18 and the provisions of this Chapter shall mutatis mutandis apply to the registration of such trust :
2[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.]
30. Notice of particulars of immovable property 1* * * entered in register.- Any person acquiring any immovable property 2** belonging to a public trust which has been registered under this Chapter or any part of or any share or interest in such property 3* * of such trust shall be deemed to have notice of the relevant particulars relating to such trust 4[entered in the registers maintained under section 17 or filed in Book No. 1 under section 89 of the Indian Registration Act, 1908 (XVI of 1908), in its application to the State of Maharashtra.]
5[Explanation.- For the purpose of this section, a person shall be deemed to have notice of any particulars in the registers,
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[79CC. Compensatory costs for frivolous or vexatious proceedings before Charity Commissioner, etc.- (1) 2[If in an inquiry under the provisions of this Act, the Charity Commissioner or the Deputy or Assistant Charity Commissioner is of opinion that the application on which such inquiry was commenced was either frivolous or vexatious, the Charity Commissioner, the Deputy or as the case may be, Assistant Charity Commissioner], may at the request of the person against whom such application was made (hereinafter referred to as "the opponent") call upon the person making the application (hereinafter referred to as "the applicant") to show cause why the applicant should not pay compensation to the opponent and if the applicant is not present, direct the issue of a summons to him to appear and show cause aforesaid.
(2) If the Deputy or Assistant Charit
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, 1[and in respect of] which the decision or order of such officer or authority has been made final and conclusive.
1** No suit, prosecution or other proceeding shall be instituted against the State Government or any officer or authority 2[or representative of the Charity Commissioner] in respect of anything in good faith done or purporting to be done under this Act.
3*******
1[82. Trial of offences under this Act.- No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try an offence punishable under this Act.]
No prosecution for an offence punishable under this Act, 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;
1[(aa) the qualifications of the Director, and Assistant Directors of Accounts appointed under section 6 ;]
(b) the powers, duties and functions of the officers other than the Charity Commissioner, Deput
(1) The Religious Endowments Act, 1863 (XX of 1863), is hereby repealed.
(2) 1[On the date of the application of the provisions of this Act to any public trust or class of public trusts under sub-section (4) of section 1 2[(hereafter in this section referred to as the said date)] the provisions of the Act specified in 3[Schedule A] which apply to such trust or class of trusts shall cease to apply to such trust or class of trusts.
(3) 4[Save as otherwise provided in this section such repeal] or cessation shall not in any way affect-
(a) any right, title, interest, obligation or liability already acquired, accrued or incurred before 5[the said date]
1[86. Further repeals and savings consequent on commencement of Bom. XXIX of 1950 in other areas of State.- (1) On the commencement of this Act in that area of the State to which it is extended by the Bombay Public Trusts (Unification and Amendment) Act, 1959 (Bom. VI of 1960)-
(i) 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 c
Nothing contained in this Act shall apply to-
(a) those Wakfs in certain areas of the State to which the provisions of the Wakf Act, 1954 (XXIX of 1954), have continued to apply ; or
(b) the Nanded Gurudwara, the administration of which is governed by the Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956 (Hyd. of XXXVII of 1956).
If any difficulty arises in giving effect to the provisions of this Act, the State Government may by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Act which appears to it to be necessary or expedient for the purpose of removing the difficulty.]
1[(1)] 2[Notwithstanding anything contained in the instrument of trust-] Section 36 of the Maharashtra Public Trusts Act, 1950, is a vital provision that regulates the alienation of immovable property belonging to public trusts. It aims to prevent misuse, mismanagement, and unauthorized transfer of trust assets, ensuring that such transactions are in the interest, benefit, and protection of the trust and its beneficiaries. The section confers specific powers on the Charity Commissioner to oversee and sanction such alienations, emphasizing transparency and fiduciary responsibility. Section 36 mandates that no sale, exchange, gift, or lease exceeding certain periods can be valid without prior sanction of the Charity Commissioner. It also empowers the Commissioner to authorize disposal of trust property if in the interest of the trust, and to revoke such sanction if obtained by fraud or misrepresentation. The section also distinguishes between the powers of sanction, authorization, and revocation, establishing a comprehensive framework for trust property management. Section 36 of the Maharashtra Public Trusts Act, 1950, is a comprehensive and potent provision designed to regulate, supervise, and control the alienation of trust property. Its wide scope, coupled with the power to invite bids, impose conditions, revoke sanctions, and penalize violations, underscores the importance of transparency, fiduciary duty, and public interest in trust management. The section's interpretation by courts consistently emphasizes that trust assets are not private property but held for public benefit, necessitating strict adherence to statutory procedures and safeguards.
(a) no sale, 3* exchange or gift of any immovable property, and
(b) no lease for a period exceeding ten years in the case of agricultural land or for a period exceeding three years in the case of non-agricultural land or a building,
Belonging to a public trust, shall be valid without the previous sanction of the Charity Commissioner. 4[Sanction may be accorded subject to such condition as the Charity Commissioner may think fit to impose, regard being had to the interest, benefit or protection of the trust;Legal Commentary on Section 36 of The Maharashtra Public Trusts Act, 1950
Introduction
What does Section 36 Say?
Essential Ingredients
Scope of Section 36
Punishment for Violations
Legal Comments
Conclusion
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