Registration of public trusts

Section 18 of Maharashtra Public Trusts Act deals with registration of public trusts. 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. The Act was enacted on 14 Aug 1950.

(1) It shall be the duty of the trustee of a public trust to which this Act has been applied to make an application for the registration of the public trust.

(2) Such application shall be made to the Deputy or Assistant Charity Commissioner of the region or sub-region within the limits of which the trustee has an office for the administration of the trust ¹[or the trust property or substantial portion of the trust property is situated, as the case may be.]

(3) Such application shall be in writing, shall be in such form and accompanied by such fee as may be prescribed.

(4) Such application shall-

(a) in the case of a public trust 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 particulars:-

²[(ai) the designation by which the public trust is or shall be known (hereinafter referred to as the name of the public trust)],

(i) the names and addresses of the trustees and the manager,

(ii) the mode of succession to the office of the trustee,

(iii) the list of the moveable and immovable trust property and such descriptions and particulars as may be sufficient for the identification thereof,

(iv) the approximate value of moveable and immovable property,

(v) the gross average annual income of the trust property estimated on the income of three years immediately preceding the date on which the application is made or of the period which has elapsed since the creation of the trust, whichever period is shorter,

(vi) the amount of the average annual expenditure in connection with such public trust estimated on the expenditure incurred within the period to which the particulars under clause (v) relate,

(vii) the address to which any communication to the trustee or manager in connection with the public trust may be sent,

(viii) such other particulars which may be prescribed :

(6) Every application made under sub-section (1) shall be signed and verified in the prescribed manner by the trustee or his agent specially authorised by him in this behalf, It shall be accompanied by a copy of an instrument of trust, if such instrument had been executed and is in existence.

³[(6A) Where on receipt of such application, it is noticed that the application is incomplete in any particulars, or does not disclose full particulars of the public trust, the Deputy or Assistant Charity Commissioner may return the application to the trustee, and direct the trustee to complete the application in all particulars or disclose therein the full particulars of the trust, and resubmit it within the period specified in such direction ; and it shall be the duty of the trustee to comply with the direction.]

⁴[(7) It shall also be the duty of the trustee of the public trust to send a memorandum in the prescribed from containing the particulars, including the name and description of the public trust, relating to the immovable property of such public trust, ⁵[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 ⁶[for the purpose of filing in Book No. I under section 89 of that Act.]]

Such memorandum shall be sent within three months from the date of creation of the public trust and shall be signed and verified in the prescribed manner by the trustee or his agent specially authorised by him in this behalf.]

Section 18, Maharashtra Public Trusts Act (Act 29 of 1950).