1[(1)] 2[Notwithstanding anything contained in the instrument of trust-]
(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;
(c) if the Charity Commissioner is satisfied that in the interest of any public trust any immovable property thereof should be disposed of, he may, on application, authorise any trustee to dispose of such property subject to such conditions as he may think fit to impose, regard being had to the interest or benefit or protection of the trust.
5[Provided that, the Charity Commissioner may, before the transaction for which previous sanction is given under clause (a), (b), or (c) is completed, modify the conditions imposed thereunder, as he deems fit:
Provided further that, if such condition is of time-limit for execution of any contract or conveyance, then application for modification of such condition shall be made before the expiry of such stipulated time.].
6[(1A) The Charity Commissioner shall not sanction any lease for a period exceeding thirty years under this Act.].
(2) The Charity Commissioner may revoke the sanction given under clause (a) or clause (b) of sub-section (1) on the ground that such sanction was obtained by fraud or mis-representation made to him or by concealing from the charity Commissioner, facts material for the purpose of giving sanction; and direct the trustee to take such steps within a period of one hundred and eighty days from the date of revocation (or such further period not exceeding in the aggregate one year as the Charity Commissioner may from time to time determine) as may be specified in the direction for the recovery of the property.
7[Provided that, no sanction shall be revoked under this section after the execution of the conveyance except on the ground that such sanction was obtained by fraud practiced upon the Charity Commissioner before the grant of such sanction.].
(3) No Sanction shall be revoked under this section unless the person in whose favour such sanction has been made has been given a reasonable opportunity to show-cause why the sanction should not be revoked.
(4) If, in the opinion of the Charity Commissioner, the trustee has failed to take effective steps within the period specified in sub-section (2), or it is not possible to recover the property with reasonable efforts or expense, the Charity Commissioner may assess any advantage received by the trustee and direct him to pay compensation to the trust equivalent to the advantage so assessed.]
8[(5) Notwithstanding anything contained in sub-section (1), in exceptional and extraordinary situations where the absence of previous sanction contemplated under sub-section (1) results in hardship to the trust, a large body of persons or a bona fide purchaser for value, the Charity Commissioner may grant ex-post-facto sanction to the 9[transfer of the trust property, effected by the trustees prior to the date of commencement of the Maharashtra Public Trusts (Second Amendment) Act, 2017 (Mah. IV of 2018)], if he is satisfied that,-
(a) there was an emergent situation which warranted such transfer,
(b) there was compelling necessity for the said transfer,
(c) the transfer was necessary in the interest of trust,
(d) the property was transferred for consideration which was not less than prevalent market value of the property so transferred, to be certified by the expert,
(e) there was reasonable efforts on the part of trustees to secure the best price,
(f) the trustees actions, during the course of the entire transaction, were bonafide and they have not derived any benefit, either pecuniary or otherwise, out of the said transaction, and
(g) the transfer was effected by executing a registered instrument, if a document is required to be registered under the law for the time being force. ]
10[Explanation.- For the purpose of sub-section (5), the term "the Charity Commissioner" shall mean only the Charity Commissioner appointed under section 3.]
(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;
(c) if the Charity Commissioner is satisfied that in the interest of any public trust any immovable property thereof should be disposed of, he may, on application, authorise any trustee to dispose of such property subject to such conditions as he may think fit to impose, regard being had to the interest or benefit or protection of the trust.
5[Provided that, the Charity Commissioner may, before the transaction for which previous sanction is given under clause (a), (b), or (c) is completed, modify the conditions imposed thereunder, as he deems fit:
Provided further that, if such condition is of time-limit for execution of any contract or conveyance, then application for modification of such condition shall be made before the expiry of such stipulated time.].
6[(1A) The Charity Commissioner shall not sanction any lease for a period exceeding thirty years under this Act.].
(2) The Charity Commissioner may revoke the sanction given under clause (a) or clause (b) of sub-section (1) on the ground that such sanction was obtained by fraud or mis-representation made to him or by concealing from the charity Commissioner, facts material for the purpose of giving sanction; and direct the trustee to take such steps within a period of one hundred and eighty days from the date of revocation (or such further period not exceeding in the aggregate one year as the Charity Commissioner may from time to time determine) as may be specified in the direction for the recovery of the property.
7[Provided that, no sanction shall be revoked under this section after the execution of the conveyance except on the ground that such sanction was obtained by fraud practiced upon the Charity Commissioner before the grant of such sanction.].
(3) No Sanction shall be revoked under this section unless the person in whose favour such sanction has been made has been given a reasonable opportunity to show-cause why the sanction should not be revoked.
(4) If, in the opinion of the Charity Commissioner, the trustee has failed to take effective steps within the period specified in sub-section (2), or it is not possible to recover the property with reasonable efforts or expense, the Charity Commissioner may assess any advantage received by the trustee and direct him to pay compensation to the trust equivalent to the advantage so assessed.]
8[(5) Notwithstanding anything contained in sub-section (1), in exceptional and extraordinary situations where the absence of previous sanction contemplated under sub-section (1) results in hardship to the trust, a large body of persons or a bona fide purchaser for value, the Charity Commissioner may grant ex-post-facto sanction to the 9[transfer of the trust property, effected by the trustees prior to the date of commencement of the Maharashtra Public Trusts (Second Amendment) Act, 2017 (Mah. IV of 2018)], if he is satisfied that,-
(a) there was an emergent situation which warranted such transfer,
(b) there was compelling necessity for the said transfer,
(c) the transfer was necessary in the interest of trust,
(d) the property was transferred for consideration which was not less than prevalent market value of the property so transferred, to be certified by the expert,
(e) there was reasonable efforts on the part of trustees to secure the best price,
(f) the trustees actions, during the course of the entire transaction, were bonafide and they have not derived any benefit, either pecuniary or otherwise, out of the said transaction, and
(g) the transfer was effected by executing a registered instrument, if a document is required to be registered under the law for the time being force. ]
10[Explanation.- For the purpose of sub-section (5), the term "the Charity Commissioner" shall mean only the Charity Commissioner appointed under section 3.]
1. Section 36 was re-numbered as sub-section (1) by Mah. 20 of 1971, s. 22(1).
2. These words were substituted for the words "Subject to the directions in the instrument of trust" by Bom. 6 of 1950, s. 20.
3. The word mortgage, was deleted by Mah. 20 of 1971, s. 22(1).
4. This portion was added by Mah. 20 of 1971, s. 22(1).
5. These provisos were added by Mah. 55 of 2017, s. 6.
6. Sub-section (1A) was inserted by Mah. 55 of 2017, s. 6(b).
7. These proviso was added by Mah. 55 of 2017, s. 6(c).
8. Sub-section (5) was added by Mah. 55 of 2017, s. 6(d).
9. These words, brackets and figures were substituted for the words "transfer of the trust property by the trustees" by Mah. of 2018, s. 2(a).
10. This Explanation was added by Mah. 4 of 2018, s. 2(b).