Bare Acts

The Maharashtra Public Trusts Act.

English PDF

Act Details

Act Number:

Act Year:

1950

Location:

Maharashtra

Enactment Date:

8/14/1950

Ministry:

Ministry of Govt of Maharashtra

Department:

Law and Judiciary Department

Full List of Sections

PRELIMINARY

Section 1 to Section 2A

Section 1

Short title, extent, operation and application.

Section 2

Definitions.

Section 2A

Deleted.

ESTABLISHMENT

Section 3 to Section 8

Section 3

Charity Commissioner.

Section 3A

Joint Charity Commissioners.

Section 4

Qualifications for appointment of Charity Commissioner and Joint Charity Commissioner.

Section 5

Deputy and Assistant Charity Commissioners.

Section 6

Subordinate officers.

Section 6A

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

Section 6B

Cost of pay, pension, etc. of Charity Commissioner, etc., to be paid to Government out of the Public Trusts Administration Fund.

Section 7

Deleted.

Section 8

Delegations.

CHARITABLE PURPOSES AND VALIDITY OF CERTAIN PUBLIC TRUSTS

Section 9 to Section 13

Section 9

Charitable purposes.

Section 10

Public trust not be void on ground of uncertainty.

Section 11

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

Section 12

Public trust not void on ground of absence of obligation.

Section 13

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

REGISTRATION OF PUBLIC TRUSTS

Section 14 to Section 31

Section 14

Regions and sub-regions.

Section 15

Public Trusts Registration Offices.

Section 15A

Power to set up offices in district.

Section 16

Deputy or Assistant Charity Commissioner to be in charge of Public Trusts Registration Office.

Section 17

Books, indices and registers.

Section 18

Registration of public trusts.

Section 19

Inquiry for registration.

Section 20

Findings of Deputy or Assistant Charity Commissioners.

Section 21

Entries in register.

Section 22

Change.

Section 22A

Further inquiry by Deputy or Assistant Charity Commissioner.

Section 22B

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

Section 22C

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

Section 23

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

Section 24

Stay of inquiry.

Section 25

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

Section 26

Entries in register to be made or amended in certain cases.

Section 27

Repealed.

Section 28

Public trust previously registered under enactments specified in Schedule.

Section 28A

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

Section 28B

Deleted.

Section 29

Public trust created by will.

Section 30

Notice of particulars of immovable property entered in register.

Section 31

Bar to hear or decide suits.

BUDGET, ACCOUNTS AND AUDIT

Section 31A to Section 34

Section 31A

Trustees of certain trusts to submit budget to Charity Commissioner.

Section 32

Maintenance of accounts.

Section 33

Balancing and auditing of accounts.

Section 34

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

POWERS AND DUTIES OF, AND RESTRICTION ON, TRUSTEES

Section 35 to Section 36B

Section 35

Investment of public trust money.

Section 36

Alienation of immovable property of public trust.

Section 36A

Powers and duties of, and restrictions on trustees.

Section 36B

CONTROL

Section 37 to Section 41F

Section 37

Power of inspection and supervision.

Section 38

Explanation on reports of auditor or on complaint.

Section 39

Report to Charity Commissioner.

Section 40

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

Section 41

Order of surcharge.

Section 41A

Power of Commissioner to issue direction for proper administration of the trust.

Section 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.

Section 41B

Power to institute inquiries.

Section 41C

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

Section 41D

Suspension, removal and dismissal of trustees.

Section 41E

Power to act for protection of charities.

Section 41F

Attachment of property in certain cases.

OTHER FUNCTION AND POWERS OF CHARITY COMMISSIONER

Section 42 to Section 56B

Section 42

Charity Commissioner to be corporation sole.

Section 43

Maharashtra Charity Commissioner to be Treasurer of Charitable Endowments under Act 6 of 1890.

Section 44

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

Section 45

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

Section 46

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

Section 47

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

Section 47A

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

Section 47AA

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

Section 47B

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

Section 48

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

Section 49

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

Section 50

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

Section 50A

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

Section 51

Consent of Charity Commissioner for institution of suit.

Section 52

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

Section 52A

Suit against assignee for valuable consideration not barred by time.

Section 53

Bequest under will for benefit of public trust.

Section 54

Dharmada.

Section 55

Cypres.

Section 56

Deleted by Mah. 55 of 2017, s. 17.

Section 56A

Deleted by Mah. 55 of 2017, s. 18.

Section 56B

Proceedings involving question affecting public charitable or religious purpose.

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

Section 56C to Section 56T

Section 56C

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

Section 56D

Vesting or transfer of management, of certain endowments.

Section 56E

Committees of Management.

Section 56F

Term of office of members of committee.

Section 56G

Disqualification of membership.

Section 56H

Power of Government to appoint new member.

Section 56I

Chairman and treasurer of committee.

Section 56J

Meeting of and procedure for committee.

Section 56K

Power of Committee to appoint sub-committees.

Section 56L

Secretary and other officers of committee.

Section 56M

Terms and conditions of service of Secretary and other servants.

Section 56N

General duties of committee.

Section 56O

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

Section 56P

Power of State Government to issue directions.

Section 56Q

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

Section 56QQ

Management Fund.

Section 56R

Power to supersede a committee.

Section 56RR

Power of removal of members of committee and appointment of Administrator temporarily.

Section 56S

Power to make regulations.

Section 56T

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

PUBLIC TRUSTS ADMINISTRATION FUND

Section 57 to Section 61

Section 57

Public Trusts Administration Fund.

Section 58

Contribution by public trusts to Public Trusts Administration Fund.

Section 59

Penalties as recovery of contribution.

Section 60

Application of Public Trusts Administration Fund.

Section 61

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

OFFENCES AND PENALTIES

Section 66 to Section 67A

Section 66

Penalty.

Section 66A

Punishment for contravention of provision of section 36.

Section 66B

Punishment for contravention of provision of section 41AA.

Section 66C

Punishment for contravention of section 41C.

Section 67

Other offences.

Section 67A

Compounding of offence.

FUNCTIONS OF CHARITY COMMISSIONER, PROCEDURE, JURISDICTION AND APPEALS

Section 68 to Section 77

Section 68

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

Section 69

Duties, functions and powers of Charity Commissioner.

Section 70

Appeals from findings of Deputy or Assistant Charity Commissioner.

Section 70A

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

Section 71

Deleted by Mah. 55 of 2017, s. 23.

Section 72

Deleted by Mah. 55 of 2017, s. 24.

Section 73

Officers holding inquiries to have powers of civil court.

Section 73A

Power of Inquiry Officers to join persons as party to proceedings.

Section 74

Inquiries to be judicial inquiries.

Section 74A

Charity Commissioner, Joint Charity Commissioner, Deputy or Assistant Charity Commissioner, etc., to be civil court within sections 345 and 346 of Criminal Procedure Code, 1973.

Section 75

Limitation.

Section 76

Civil Procedure Code to apply to proceedings before Court under this Act.

Section 77

Recovery of sums due under the Act and rules.

MISCELLANEOUS

Section 78 to Section 88

Section 78

Charity Commissioner and other officers to be public servants.

Section 79

Decision of property as public trust property.

Section 79A

Recovery of costs and expenses incurred on legal proceedings by Charity Commissioner, etc.

Section 79AA

Power to finalise reconstructed record.

Section 79B

Costs of proceedings before Courts including High Court.

Section 79C

Costs of proceedings before Charity Commissioner, etc.

Section 79CC

Compensatory costs for frivolous or vexatious proceedings before Charity Commissioner, etc.

Section 79D

Court-fee to be paid as prescribed by Schedule B.

Section 80

Bar of jurisdiction.

Section 81

Indemnity from suits and proceedings.

Section 82

Trial of offences under this Act.

Section 83

Previous sanction of Charity Commissioner necessary for prosecution.

Section 84

Rules.

Section 85

Repeal.

Section 86

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

Section 87

Act not to apply to certain wakf to which Act XXIX of 1954 applies or to Gurudwara governed by Hyderabad Act XXXVII of 1956.

Section 88

Provision for removal of difficulties.