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IndiaCode Laws
Act29
Enacted 1950

Maharashtra Public Trusts Act

In force 144 sections Maharashtra Govt of Maharashtra

Act 29 of 1950 Enacted 14 Aug 1950 Department Law and Judiciary Department

Administered by. Govt of Maharashtra, Law and Judiciary Department · Other Acts of 1950

Preamble

ACT NO. XXIX OF 19501

[THE MAHARASHTRA PUBLIC TRUSTS ACT.]

[This Act received assent of the President on the 31st May 1950; assent was first published, in the Maharashtra Government Gazette, Part IV, on the 14th August 1950.]

An Act to regulate and to make better provision for the administration of public religious 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 :-

Sections

Type to filter. 144 sections.

  1. 1Short title, extent, operation and application
  2. 2Definitions
  3. 2ADeleted
  4. 3Charity Commissioner
  5. 3AJoint Charity Commissioners
  6. 4Qualifications for appointment of Charity Commissioner and Joint Charity Commissioner
  7. 5Deputy and Assistant Charity Commissioners
  8. 6Subordinate officers
  9. 6ACharity Commissioner and other officers to be servants of State Government
  10. 6BCost of pay, pension, etc. of Charity Commissioner, etc., to be paid to Government out of the Public Trusts Administration Fund
  11. 7Deleted
  12. 8Delegations
  13. 9Charitable purposes
  14. 10Public trust not be void on ground of uncertainty
  15. 11Public trust not void on ground that it is void for non-charitable or non- religious purpose
  16. 12Public trust not void on ground of absence of obligation
  17. 13Public trust not void on failure of specific object or society, etc. ceasing to exist
  18. 14Regions and sub-regions
  19. 15Public Trusts Registration Offices
  20. 15APower to set up offices in district
  21. 16Deputy or Assistant Charity Commissioner to be in charge of Public Trusts Registration Office
  22. 17Books, indices and registers
  23. 18Registration of public trusts
  24. 19Inquiry for registration
  25. 20Findings of Deputy or Assistant Charity Commissioners
  26. 21Entries in register
  27. 22Change
  28. 22AFurther inquiry by Deputy or Assistant Charity Commissioner
  29. 22BRegistration of trust property in the name of public trust, which has already been registered, etc
  30. 22CRegistration of particulars of immoveable property of trusts already registered with certain officers and authorities
  31. 23Procedure where trust property is situate in several regions or sub-regions
  32. 24Stay of inquiry
  33. 25Inquiry regarding public trust not to be held by more than one Deputy or Assistant Charity Commissioner
  34. 26Entries in register to be made or amended in certain cases
  35. 27Repealed
  36. 28Public trust previously registered under enactments specified in Schedule
  37. 28ACopy of entries relating to property to be sent to sub-registrar
  38. 28BDeleted
  39. 29Public trust created by will
  40. 30Notice of particulars of immovable property entered in register
  41. 31Bar to hear or decide suits
  42. 31ATrustees of certain trusts to submit budget to Charity Commissioner
  43. 32Maintenance of accounts
  44. 33Balancing and auditing of accounts
  45. 34Auditor’s duty to prepare balance sheet and to report irregularities, etc
  46. 35Investment of public trust money
  47. 36Alienation of immovable property of public trust
  48. 36APowers and duties of, and restrictions on trustees
  49. 36BRegister of moveable and immoveable properties
  50. 37Power of inspection and supervision
  51. 38Explanation on reports of auditor or on complaint
  52. 39Report to Charity Commissioner
  53. 40Power of Charity Commissioner to issue orders on report received under section 39 or to remand matter, etc
  54. 41Order of surcharge
  55. 41APower of Commissioner to issue direction for proper administration of the trust
  56. 41AAPower 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
  57. 41BPower to institute inquiries
  58. 41CPersons (other than public trust) collecting money, subscription or donation, etc
  59. 41DSuspension, removal and dismissal of trustees
  60. 41EPower to act for protection of charities
  61. 41FAttachment of property in certain cases
  62. 42Charity Commissioner to be corporation sole
  63. 43Maharashtra Charity Commissioner to be Treasurer of Charitable Endowments under Act 6 of 1890
  64. 44Deleted by Mah. 20 of 1971, s. 31
  65. 45Deleted by Mah. 20 of 1971, s. 31
  66. 46Deleted by Mah. 20 of 1971, s. 31
  67. 47Power of Charity Commissioner to appoint, suspend, remove or discharge trustees and to vest property in new trustees
  68. 47AADeleted by Mah. 20 of 1971, s. 33
  69. 47ADeleted by Mah. 20 of 1971, s. 33
  70. 47BDeleted by Mah. 20 of 1971, s. 33
  71. 48Deleted by Mah. 20 of 1971, s. 33
  72. 49Deleted by Mah. 20 of 1971, s. 33
  73. 50Suit by or against or relating to public trusts or others
  74. 50APower of Charity Commissioner to frame, amalgamate or modify schemes
  75. 51Consent of Charity Commissioner for institution of suit
  76. 52Non-application of section 92 and 93 of Civil Procedure Code to public trusts
  77. 52ASuit against assignee for valuable consideration not barred by time
  78. 53Bequest under will for benefit of public trust
  79. 54Dharmada
  80. 55Cypres
  81. 56Deleted by Mah. 55 of 2017, s. 17
  82. 56ADeleted by Mah. 55 of 2017, s. 18
  83. 56BProceedings involving question affecting public charitable or religious purpose
  84. 56CProvisions of Chapter VII-A to apply to certain endowments
  85. 56DVesting or transfer of management, of certain endowments
  86. 56ECommittees of Management
  87. 56FTerm of office of members of committee
  88. 56GDisqualification of membership
  89. 56HPower of Government to appoint new member
  90. 56IChairman and treasurer of committee
  91. 56JMeeting of and procedure for committee
  92. 56KPower of Committee to appoint sub-committees
  93. 56LSecretary and other officers of committee
  94. 56MTerms and conditions of service of Secretary and other servants
  95. 56NGeneral duties of committee
  96. 56OAct of Committees not invalid by reason of vacancy or defect
  97. 56PPower of State Government to issue directions
  98. 56QPower 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
  99. 56QQManagement Fund
  100. 56RPower to supersede a committee
  101. 56RRPower of removal of members of committee and appointment of Administrator temporarily
  102. 56SPower to make regulations
  103. 56TNon-application of certain provision of this Act to endowments
  104. 57Public Trusts Administration Fund
  105. 58Contribution by public trusts to Public Trusts Administration Fund
  106. 59Penalties as recovery of contribution
  107. 60Application of Public Trusts Administration Fund
  108. 61State Government to direct crediting of funds constituted under any Act in Schedule to Public Trusts Administration Fund constituted under this chapter
  109. 66Penalty
  110. 66APunishment for contravention of provision of section 36
  111. 66BPunishment for contravention of provision of section 41AA
  112. 66CPunishment for contravention of section 41C
  113. 67Other offences
  114. 67ACompounding of offence
  115. 68Duties, functions and powers of Deputy or Assistant Charity Commissioner
  116. 69Duties, functions and powers of Charity Commissioner
  117. 70Appeals from findings of Deputy or Assistant Charity Commissioner
  118. 70ACharity Commissioner to call for and examine record and proceedings before Deputy or Assistant Charity Commissioner
  119. 71Deleted by Mah. 55 of 2017, s. 23
  120. 72Deleted by Mah. 55 of 2017, s. 24
  121. 73Officers holding inquiries to have powers of civil court
  122. 73APower of Inquiry Officers to join persons as party to proceedings
  123. 74Inquiries to be judicial inquiries
  124. 74ACharity Commissioner, Joint Charity Commissioner, Deputy or Assistant Charity Commissioner, etc., to be civil court within sections 345 and 346 of Criminal Procedure Code, 1973
  125. 75Limitation
  126. 76Civil Procedure Code to apply to proceedings before Court under this Act
  127. 77Recovery of sums due under the Act and rules
  128. 78Charity Commissioner and other officers to be public servants
  129. 79Decision of property as public trust property
  130. 79AAPower to finalise reconstructed record
  131. 79ARecovery of costs and expenses incurred on legal proceedings by Charity Commissioner, etc
  132. 79BCosts of proceedings before Courts including High Court
  133. 79CCosts of proceedings before Charity Commissioner, etc
  134. 79CCCompensatory costs for frivolous or vexatious proceedings before Charity Commissioner, etc
  135. 79DCourt-fee to be paid as prescribed by Schedule B
  136. 80Bar of jurisdiction
  137. 81Indemnity from suits and proceedings
  138. 82Trial of offences under this Act
  139. 83Previous sanction of Charity Commissioner necessary for prosecution
  140. 84Rules
  141. 85Repeal
  142. 86Further repeals and savings consequent on commencement of Bom. XXIX of 1950 in other areas of State
  143. 87Act not to apply to certain wakf to which Act XXIX of 1954 applies or to Gurudwara governed by Hyderabad Act XXXVII of 1956
  144. 88Provision for removal of difficulties

Schedules

This Act has 3 schedules. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Rules made under this Act

4 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • To specify the income limit of indigent person and person belonging to weaker section for the purposes of section 41AA of the said Act.2023
  • Commencement of Maharashtra Public Trusts (Amendment) Act, 2017.2018
  • To specify the income limit of indigent person and person belonging to weaker section for the purposes of section 41AA of the said Act. CR342018
  • Commencement of Maharashtra Public Trusts (Second Amendment) Act, 2017.2017

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 144 sections of this Act has its own page. This page is not a substitute for legal advice.