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

Section 41C of Maharashtra Public Trusts Act deals with persons (other than public trust) collecting money, subscription or donation, etc. Notwithstanding anything contained in this Act, no person (other than public trust) shall, after the commencement of the Maharashtra Public Trusts (Amendment) Act, 2017 (Mah. The Act was enacted on 14 Aug 1950.

¹[41C. Persons (other than public trust) collecting money, subscription or donation, etc.- (1) Notwithstanding anything contained in this Act, no person (other than public trust) shall, after the commencement of the Maharashtra Public Trusts (Amendment) Act, 2017 (Mah. XXXVI of 2017), collect or cause to be collected any money, contribution, subscription or donation, in cash or kind, for religious or charitable purposes, without seeking prior permission of the Assistant Charity Commissioner or the Deputy Charity Commissioner upon a written application in such form as may be prescribed, either online or directly to the Assistant Charity Commissioner or the Deputy Charity Commissioner :

Provided that, in the exigencies for aiding, assisting or giving relief to the persons affected by natural disaster, war, riots, accidents or similar cause, the collection may be made by giving intimation in the form prescribed to the Assistant Charity Commissioner or the Deputy Charity Commissioner.

(2) The Assistant Charity Commissioner or the Deputy Charity Commissioner shall, after making an enquiry as deemed fit, decide the applications and may issue a certificate in form prescribed, subject to such terms and conditions as he deems fit, within seven days from the date of receipt of application, for an application received online; and within fifteen days from the date of receipt of application, for an application received in writing :

Provided that, if the permission is not granted to the applicant within the stipulated period, the permission shall be deemed to have been granted under this section for the purpose for which the application is made.

(3) In case the intimation as specified under the first proviso to sub-section (1) is given, the Assistant Charity Commissioner or the Deputy Charity Commissioner shall satisfy that the collection is done for valid reason and purpose and may issue a certificate in form prescribed, subject to such terms and conditions as he deems fit, within fifteen days from the date of receipt of intimation. If the Assistant charity Commissioner or the Deputy Charity Commissioner has reason to believe that there is a possibility of fraud, misappropriation or other abuse, he shall direct such person to stop making such collection forthwith and require such person to render an account of the collections made by him and deposit the amount so collected in the Public Trusts Administration Fund.

(4) The certificate issued under sub-section (2) or (3) shall be valid for a period of six months from the date of its issue; and shall not be renewable. The applicant or the person to whom the certificate is issued under sub-section (2) or (3) shall submit the audited account of such collections or receipt of contribution and remaining amount, if any, within a period of two months next after expiry of the said period.

(5) The remaining amount so collected shall be credited in the Public Trusts Administration Fund.]

Section 41C, Maharashtra Public Trusts Act (Act 29 of 1950).