Bombay Public Trusts Act, 1950

Act No. XXIX of 1950

14th August, 1950

An Act to regulate and to make better provision for the administration of public religions and charitable trusts in the State of Bombay. WHEREAS it is expedient to regulate and to make better provision for the administration of public religious and charitable trusts in the State of Bombay; It is hereby enacted as follows: --1 1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1949 Part V, pp. 235 - 239.

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S.1 Short title, extent, operation and application

(1) This Act may be called the Bombay Public Trusts Act, 1950.

1[(2) It shall extend to the whole of the 2[State, of Gujarat].

(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 date 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 3[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 provisions of this Act:

Provided further that before a notification of such application or exemption is published a draft thereof shall be published in the Official

S.2 Definitions

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 Charity Commissioner" means an Assistant Charity Commissioner appointed Under Section 5;
• (3) "Charity Commissioner" means the Charity Commissioner appointed Under Section 3;
• (4) "Court" means in the Greater Bombay, the City Civil Court and elsewhere the District Court;
• (5) "Deputy Charity Commissioner" means the Deputy Charity Commissioner appointed Under Section 5;
• (6) "Hindu" includes Jain, Buddhist and Sikh;
• (7) "Inspector" means an Inspector appointed Under Section 6;
• 1[(7A) "instrument of trust" means the instrument by which the trust is created by the author of the trust and includes a scheme framed by a competent authority;
• (7B) "Joint Charity Commissioner" means a Joint Charity Commissioner appointed under section 3A;]

S.2A Deleted

[Construction of certain references in the Act in their application to that port of Mysore to which the Act extendSection] Deleted by Bom. 6 of 1960, Section 5.

S.2B Construction of certain references in the Act in their application to that part of Gujarat to which the Act extends

1[2B. Construction of certain references in the Act in their application to that part of Gujarat to which the Act extends

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 the State, the Government or the High Court of Gujarat.
• (2) to the Bombay Revenue Tribunal shall be construed as a reference to the Gujarat Revenue Tribunal constituted Under the Bombay Revenue Tribunal Act (XXI of 1958), 1957.]

1. Section 2B was inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

S.3 Charity Commissioner

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[Provided that on and after the commencement of the Bombay Charity Commissioner (Regional Reorganisation) Order, 1960, made Under the Bombay Statutory Corporations (Regional Reorganisation) Act, 1960, 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, respectively, as defined in that Act. Wh

S.3A Joint charity Commissioners

1[3A. Joint charity Commissioners

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.]

1. This Section was inserted by Bom. 6 of 1960, Section 7.

S.4 Qualifications for appointment of Charity Commissioner and Joint Charity Commissioner

1[4. Qualifications for appointment of Charity Commissioner 2[and 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, or
• (b) who has been for not less than ten years--
  • (i) an advocate enrolled Under the Indian Bar Councils Act, 1926 (XXX-VIII of 1926),
  • (ii) an attorney of High Court, or
  • (iii) a pleader enrolled Under the Bombay Pleaders Act, 1920 (Bom. XVII of 1920).

1. This Section was Substituted for the originally Bom. 14 of 1951, Section 3.

2. These words wore added, by Bom. 6 of 1960, Section 8(b).

3. These words were substituted for the words "The

S.5 Deputy and Assistant Charity Commissioners

(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.

1[(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 a Judge of the Court of Small Causes of Bombay or any office which in the opinion of the State Government is an equivalent office, or
• (b) who has been for not less than eight years,--
  • (i) an advocate enrolled Under the Indian Bar Councils Act, 1926 (XXX-VIII of 1926),
  • (ii) an attorney of a High Court, or
  • (iii) a pleader enrolled Under the Bombay Pleaders Act (Bom. XVII of 1920), 1920.

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

S.6 Subordinate Officers

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 Charily Commissioner, 3[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.]

1. These words were substituted for the portion beginning with the words "To aid the Charity Commissioner" and ending with the words "such designations" by Bom. 6 of 1960, Section 10(a).

2. This proviso was added by Bom. 47 of 1950, Section 2.

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

1[6A. Charity Commissioner and other officers to be servants of State Government

2[The Charity Commissioners], 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.

1. Sections 6A and 6B were inserted by Bom. 47 of 1950, Section 3.

2. These words were substituted for the words "The Charity Commissioner" by the Bombay Charity Commissioner (Regional Reorganisation) Order, 1960, Schedule.

3. These words were inserted by Bom. 6 of 1960, Section 11(a).

4. These words were i

S.6B Cost of pay, pension, etc., of Charity Commissioner etc., to be paid to Government out of the public Trusts Administration Fund

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 of Accounts,] the Inspectors and other subordinate officers and servants appointed under this Act.]

1. These words were inserted by Bom. 6 of 1900, Section 11(a).

2. These words were inserted, Bom. 6 of 1900, Section 11(b).

S.7 Assessors

(1) The assessors shall be appointed in the manner provided in Chapter IX for any region or sub-region or with respect to any particular public trust or class of public trusts or in connection with 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.

S.8 Delegations

(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.

S.9 Charitable purposes

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 object of general public utility, but does not include a purpose which relates--
  • (a) exclusively to sports, or
  • (b) exclusively to religious teaching or worship.

S.10 Public Trust not to be void on ground of uncertainty

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.

S.11 Public trust not void on ground that it is void for non-charitable or non-religious purpose

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.

S.12 Public trust not void on ground of absence of obligation

Any disposition of property for a religious of 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.

S.13 Public trust not void on failure of specific object or society, etc., ceasing to exist

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 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.

S.14 Regions and subregions

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

(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.

S.15 Public Trust Registration Offices

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.

S.16 Deputy or Assistant charity Commissioner to be in charge of Public Trusts Registration Office

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.

S.17 Books, indices and registers

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.

S.18 Registration of public trurts

(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 bas 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 prescribed.

(4) Such application shall--

• (a) in the case of a public trust created before this Act was applied to it, be made, within three months from the date of the application of this Act, and
• (b) in the case of a public trust created after this Act comes into force, within three months of its creation.

(5) Such application shall inter alia contain the following

S.19 Inquiry for registration

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) the names and addresses of the trustees and manager of such trust,
• (v) the mode of succession to the office of the trustee of such trust,
• (vi) the origin, nature and object of such trust,
• (vii) the amount of gross average annual income and expenditure of such trust, and
• (viii) any other particulars as may be prescribed under sub-section ( 5) of section 18.

S.20 Findings of Deputy or Assistant Charity Commissioners

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, 1[and may make an order for the payment of the registration fee].

1. These words were added by Bom. 28 of 1953, Section 3.

S.21 Entries in Register

(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. These words were inserted by Bom. 14 of 1951, Section 7.

S.22 Change

(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[(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 sub-section (7) of section 18.

Such memorandum shall be signed and verified in

S.22A Further Inquiry by Deputy or Assistant Charity Commissioner

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 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 Ms 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 mating of entries in the register under this section.]

1. This section w

S.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 or 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. 23 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,

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

(2) Such application shall be signed and verified in the presented manner by the trustee or his agent specially authorised by him in this behalf and made to the Deputy or Assistant Charity Comm

S.22C Registration of particulars of immovable property of trusts already registered with certain officers and authoritities

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. 23 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 from the said date send a memorandum in the prescribed form containing the particulars, including the name and description of the public trust, relating to the immovable property of such public trust to the 3[officers specified in sub-section (7) of section 18 for the purposes of registration].

Such memorandum shall be signed and verified in the prescribe

S.23 Procedure where trust property is situate in several regions or sub-regions

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.

S.24 Stay of inquiry

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.

S.25 Inquiry regarding public trust not to be held by more than one Deputy or Assistant Charity Commissioner

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

S.26 Court to forward copy of decision to Charity Commissioner

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.

S.27 Repealed

[Stamping of scriptSection] Repealed by Bom. 39 of 1951, Section 2, First Schedule.

S.28 Public trust previously registered under enactments specified in Schedule

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

(2) Any person aggrieved by any of the findings recorded under sub-section (1) may appeal to the Charity Commissio

S.28A Copy of entries relating to immovable property to be sent to sub-registrar, revenue and local authorities

1[28A. Copy of entries relating to immovable property to be sent to sub-registrar, revenue and local authorities

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.
• 2[* * * * * * *]

1. Sections 28A and 28B were inserted by Bom. 23 of 1955, Section 4.

2. Clauses (ii) and (iii) were deleted by Bom. 6 of 1900, Section 16.

S.28B Deleted

[Duty of certain officers and authorities to maintain registers of trust property.] Deleted by Bom. 6 of 1960, Section 17.

S.29 Public trusts created by will

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 of the testator's death 1[which-ever 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.]

1. These words were inserted by Bom. 14 of 1951, Section 9(i).

2. This proviso was added, Bom. 14 of 1951, Section 9(ii).

S.30 Notice of particulars of immovable property entered in register

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 2** of such trust shall be deemed to have notice of the relevant particulars relating to such trust entered in the register, 3[or in the registers maintained under section 28B.]

4[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 inquiry or search which he ought to have made, or gross negligence, he would have known them;
• (2) If his agent acquires notice thereof whilst acting on his behalf in the course of business to which the fact of such particulars is material.]

S.31 Bar to hear or decide suits

(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.

S.32 Maintenance of accounts

(1) Eevery trustee of a public trust 1* *** 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 words "which has been registered under this Act" were deleted by Bom. 6 of 1960, Section 18.

S.33 Balancing and auditing of accounts

(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 in such manner as may be prescribed and by a person 1[who is a chartered accountant within the 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 2[trustee].

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

• 3[(a)] the Charity Commissioner may direct a special audit of the accounts of any public trust whenever in his opinion such special audit is necessary. The provisions of sub-sections (2) and (3) shall, so far as
  

S.34 Auditor's duty to prepare balance sheet and to report irregularities, ete.

(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 Commissioner required him to do so.

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

S.35 Investment of public trust money

1[(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 2[(notwithstanding any direction contained in the instrument of the trust) to deposit the money in any Scheduled Bank as defined in the Reserve Bank of India Act, 1934[II of 1934], in the Postal Savings Bank or in a Co-operative bank approved by the State Government for the purpose or to invest it in public securities]:

Provided that such money may be invested in the first mortgage of immovable property situate in 3[any part of India] if the property is not leasehold for a term of years and the value of the property exceeds by one-half the mortgage money :

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

4[(2) Nothing i

S.36 Alienation of immovable property of public trust

1[36. Alienation of immovable property of public trust

(1) 2[Notwithstanding anything contained in the instrument of trust--]

• (a) no sale, mortgage, exchange or gift or 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.

3[(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 aggrieved by such decision may appeal to the Gujarat Revenue Tribunal within thirty days from the date of its publication.

(4) Such decision shall, subject to the provisions of sub-section (3) be final.]

1. Section 36 was renumbered as s

S.37 Power of inspection and supervision

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;
• (b) to call for or inspect any extract from any proceedings of the trustees of any public trust and 2[any books of accounts or documents in the possession, or under the control, of the trustees or any person on behalf of the trustees];
• (c) to call for any return, statement, account or report which he may think fit from the trustees or any person connected with a public trust:

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

3[(2) It shall be the

S.38 Explanation on report of auditor

On receipt of a report of the auditor under section 34 1[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.

1. These words and figures were inserted by Bom. 28 of 1953, Section 5.

S.39 Report to Charity Commissioner

1[39. Report to Charity Commissioner

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.]

1. Section 39 was substituted for the original by Guj. 31 of 1962 Section 3.

S.40 Decision of Charity Commissioner on report under section 39

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 1[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 other person is liable to pay to the public trust for such loss.

1. These words were substituted for the words "breach of trust" by Guj. 31 of 1962 Section 4.

S.41 Order of surcharge

(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.

S.41A Power of Charity Commissioner to issue directions to trustees and other persons

1[ 41A. Power of Charity Commissioner to issue directions to trustees and other personSection

(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 lirection issued to him under sub-section (1)].

1. Section 41A, was inserted by Gujarat. 31 of 1962 Section 5.

S.42 Charity Commissioner to be corporation sole

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

1. These words were substituted for the words "The Charity Commissioner" by the Bombay Charity Commissioner (Regional Reorganisation) Order, 1960, read with Schedule thereto.

S.43 Charity Commissioner to be Treasurer of Charitable Endowments under Act VI of 1890

1[2((***)] Notwithstanding anything contained in the Charitable Endowments Act, 1890, 3[the Charity Commissioner, (??)Bombay (hereinafter in this section referred to as "the Charity Commissioner")] shall be deemed to be and to have always been the Treasurer of Charitable Endowments for 4[that part of the (??)State of Bombay to which this Act extends] appointed under the provisions of the 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.

5* * * * * *

1. This section was renumbered as sub-section (1) by the Bombay Public Trusts (Corporations) Order, 1959.

2. The brackets and figure "(1)" were deleted by

S.44 Charity Commissioner can act as trustee of public trusts

(1) Subject to the provisions of this Act 1[and] the rules made there-under 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, the Charity 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 as any other trustee of a public trust.

(3) The Charity Commissioner may decline, either absolutely or except on such conditions as he may impose, to accept any trust.

(4) The Charity Commissioner shall be the sole trustee and it shall not be lawful to appoint him as a trustee along with other persons.

1. This word was substituted for the word by Bom. 14 of 1951, Section 11.

S.45 Charity Commissioner many with consent be appointed trustee of settlement by grantor

(1) Any person intending to create a public trust may by the instrument creating the 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 that the consent of the Charily Commissioner shall be recited in the said instrument and that such instrument shall 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.

S.46 Appointment of Charity Commissioner as trustee under will

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 1[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 authorised by him in that behalf :

S.47 Power of Court to appoint new trustee or trustees, as the case may be

(1) Any person interested in a public trust or the Charity Commissioner may apply to the Court for the appointment of a new 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 Deputy or Assistant Charity Commissioner or the officer authorised by the 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 unfit or physically incapable to act in the trust or accepts a position which is inconsistent with the trust; or
• (h) in any of the cases mentioned in Chapter III is not available to administer the trust.

(2) No such application shall be entertained,--

• (a) unless the trustee who on acco
  

S.47AA Power of Charity Commissioner to apply to Court for appointment of new trustee where trustee convicted under Act

1[47AA. Power of Charity Commissioner to apply to Court for appointment of new trustee where trustee convicted under Act

Where a trustee of any public trust is convicted of an offence punishable under this Act, 2[or any amount is surcharged on him under sub-section (1) of section 41], the Charity Commissioner may apply to the Court for the appointment of a new trustee, and thereupon the provisions of sub-sections (3), (4), (5) and (6) of section 47 shall apply as they apply to an application made under sub-section (1) of that section.]

1. This section was inserted by Bom. 6 of 1960, section 23.

2. These words, brackets and figures were inserted by Guj. 31 of 1963, section 3.

S.47A Power to Court to property in new trustee

1[47A. Power to Court to property in new trustee

It shall be lawful for the Court upon making any order appointing a new trustee under sub-section (3) of section 47 2[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].

1. Section 47A was inserted by Bom. 28 of 1953, section 8.

2. These words, figures and letters were inserted by Bom. 6 of 1960, section 24.

S.47B Court not to appoint Charity Commissioner as trustee of religious trust and Charity Commissioner not to accept such trust if management of religious affair is involved

1[47B. Court not to appoint Charity Commissioner as trustee of religious trust and Charity Commissioner not to accept such trust if management of religious affair is involved

Nothing in section 44 2[47 or 47AA]--

• (a) shall empower any Court to appoint the Charity Commissioner to be a trustee of any public trust for a religious purpose, or
• (b) shall entitle the Charity Commissioner to accept any trust, if such acceptance requires the Charity Commissioner to manage the affairs of any religious denomination or any 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. Section 47

S.48 Levy of administrative charges

(1) When the Charity Commissioner is appointed a trustee 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.

S.49 Transfer of property by Charity Commissioner

(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 property any fees and administrative charges leviable in accordance with the provisions of this Act.

S.50 Suits relating to public trusts

In any case--

• (i) where it is alleged that there is a breach of a public trust,
• (ii) 1[where a direction is required to recover possession, of a property belonging to a public trust] 2[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 3[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 for any of the following reliefs: --

• (a) an order for t
  

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

1[ 50 A. Power of Charity Commissioner to frame, amalgamate or modify schemes.

(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 Charity Commissioner is of opinion that in the interest of the proper management or administration, two or more public trusts may be amalgamated by framing a common scheme

S.51 Consent of Charity Commissioner for institution of suit

(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 the 1 Bombay Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1939, in the manner provided by this Act.

(3) In every suit filed by persons having interest in any trust under section 50, the Charity Commissioner shall be a necess

S.52 Non application of sections 92 and 93 of Civil Procedure Code to public trusts

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

2[3[(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 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 of any Civil Court of competent jurisdiction made or passed, whether before or after the Said date, shall be construed as a reference to the Charity Commissioner.]

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

1[ 52 A. Suit against assignee for valuable consideration not barred by time

Notwithstanding anything contained in the Indian Limitation Act, 1908, no suit against an assignee for valuable consideration of any immovable property of the public trust which has been registered or is deemed to have been registered under this Act for the purpose of following in his hands, such property or the proceeds thereof, or for an account of such property or proceeds shall be barred by any length of time.]

1. This Section was inserted by Bom. 23 of 1965, Section 7.

S.53 Bequest under will for benefit of public trust

(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 a 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. These words were substituted for the words "such will" by Bom. 28 of 1953, Section 11.

S.54 Dharmada

(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 correctness of the account submitted, and may pass order for the disposal of the amount in the manner prescribed.

2[(4) The provisions of Chapter IV s

S.55 Cypress

(1) 1[If upon an application made to him or other wise] the Charity Commissioner is of opinion that--

• (a) the original object for which the public trust was created has failed,
• (b) the income or any surplus balance of any public trust has not been utilized or is not likely to be utilized,
• (c) 2[in the case of a public trust other than a trust for a religious purpose, it is not in public interest] expedient, practicable, desirable, necessary or proper to carry out wholly or partially the original intention of the author of the public trust or the object for which the public trust was created and that the property or the income of the public trust or any portion thereof should be applied to any other charitable or religious object,
• (d) in any of the cases mentioned in sections 10 to 13 or in regard to the appropriation of the dharmada sums held in trust under section 54 the directions of the court are necessary, the Charit
  

S.56 Court's power to hear application

(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 1[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 1 [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 instrument of the public trust.

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S.56A Power of trustee to apply for directions

1[ 56 A. Power of trustee to apply for directions

(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 application under sub-section (1), may give its opinion, advice or direction thereon after giving notice to the Charity Commissioner. The Court before giving any opinion, advice or direction shall afford a reasonable opportunity of being heard to all persons appearing in

S.56B Proceedings involving question affecting public charitable religious purpose

(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 receipt of such notice or other wise 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 1[State of Gujarat].

1. These words were substituted, for the words "State of Bombay" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

S.Chapter VII-A SPECIAL PROVISION AS RESPECTS RELIGIOS AND CHARITABLE INSTITUTIONS AND ENDOWNMENTS WHICH VEST IN, OR THE MANAGEMENT OF WHICH VESTS IN, THE STATE GOVERNMENT

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

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

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

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

(2) The Stat

S.56D Vesting of transfer of management of certain endowments

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 immoveable 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 of such endowment within the meaning and for the purposes of this Act.

S.56E Committees of management

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

(3) A committee shall consist of not less than five and not more than seven members, and the members in the case of a religious endowment shall and in any other case may, be appointed from amongst persons professing the religion or belonging to the religious denomination (or any section thereof), for the purposes of which or for the benefit of whom the endowment was founded, or is being adminis

S.56F Term of office of members of committee

(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.

S.56G Disqualification of membership

(1) A person shall be disqualified for appointment as, or for being, a member of a committee if he--

• (a) is a minor;
• (b) has been convicted by a criminal court of any offence involving moral turpitude;
• (c) is of unsound mind, and is so declared by a competent court;
• (d) is an undischarged insolvent;
• (e) has directly or indirectly interest in a lease or any other transaction relating to the property vesting in the committee;
• (f) is a paid servant of the committee or has any share or interest in a contract for the supply of goods to, or for the execution of any works, or the performance of any service, undertaken by the committee in respect of the endowment;
• (g) is found to be guilty of misconduct by the State Government;
• (h) in the case of a religious endowment ceases to profess the religion or to belong to the religious denomination for which the committee is appointed; or
• (i) is otherwise unfit.

S.56H Power of Government to appoint new member

The State Government may appoint a new member, when a member of a committee--

• (a) resigns or dies;
• (b) is for a continuous period of six months absent from India without leave of the Charity Commissioner;
• (c) leaves India for the purpose of residing abroad;
• (d) desires to be discharged;
• (e) refuses to act; or
• (f) is removed by the State Government.

S.56I Chairman and treasurer of committee

(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.

S.56J Meeting of and procedure for committee

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.

S.56K Power of Committee to appoint sub-committees

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.

S.56L Secretary and other officers of committee

(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.

S.56M Terms and conditions of services of Secretary and other servents

(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 a committee shall be paid out of such funds as may be prescribed.

S.56N General duties of committee

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

(2) In particular, but without prejudice to the generality of the foregoing provision, a committee shall--

• (a) maintain a record containing information relating to the origin income, object and the beneficiaries of every such endowment;
• (b) prepare a budget estimating its income an
  

S.56O Act of committee not invalid by reason of vacancy or defect

No act or proceeding of a committee shall be invalid by reason only