LexThe Bombay Public Trusts Act, 1950
Gujarat · state statute
Open in Lexace · Ask the AI about this actThe Bombay Public Trusts Act, 1950 GOVERNMENT OF GUJARAT LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT Bombay Act No. XXIX of 1950 The Bombay Public Trusts Act, 1950 (As modified upto the 31st May, 2012) [1950: Bom. XXIX Bombay Public Trusts Act, 1950 THE BOMBAY PUBLIC TRUSTS ACT, 1950. CONTENTS. PREAMBLE. SECTIONS. CHAPTER I. PRELIMINARY. 1. Short title, extent, operation and application. 2. Definitions. 2A. [Deleted.] 2B. Construction of certain references in the Act in their application to that part of Gujarat to which the Act extends. CHAPTER II. ESTABLISHMENT. 3. Charity Commissioner. 3A. Joint Charity Commissioners. 4. Qualifications for appointment of Charity Commissioner. 5. Deputy and Assistant Charity Commissioners. 6. Subordinate Officers. 6A. Charity Commissioner and other officers to be servants of State Government. 6B. Cost of pay, pension, etc., of Charity Commissioner, etc., to be paid to Government out of the Public Trusts Administration Fund. 7. Assessors. 8. Delegations. CHAPTER III. CHARITABLE PURPOSES AND VALIDITY OF CERTAIN PUBLIC TRUSTS. 9. Charitable purposes. 10. Public trust not to be void on ground of uncertainty. 11. Public trust not void on ground that it is void for non-charitable or non- religious purpose. 12. Public trust not void on ground of absence of obligation. 13. Public trust not void on failure of specific object of society, etc. ceasing to exist. CHAPTER IV. REGISTRATION OF PUBLIC TRUSTS. 14. Regions and sub-regions. 1950: Bom. XXIX] Bombay Public Trusts Act, 1950 3 of 53 SECTIONS. 15. Public Trusts Registration Offices. 16. Deputy or Assistant Charity Commissioner to be in charge of Public Trusts Registration Office. 17. Books, indices and registers. 18. Registration of public trusts. 19. Inquiry for registration. 20. Findings of Deputy or Assistant Charity Commissioners. 21. Entries in register. 22. Change. 22A. Further inquiry by Deputy or Assistant Charity Commissioner. 22B. Registration of trust property in the name of public trust, which has already been registered, etc. 22C. Registration of particulars of immovable property of trusts already registered with certain officers and authorities. 23. Procedure where trust property is situated in several regions or sub- regions. 24. Stay of inquiry. 25. Inquiry regarding public trust not to be held by more than one Deputy or Assistant Charity Commissioner. 26. Court to forward copy of decision to Charity Commissioner. 27. [Repealed.] 28. Public trusts previously registered under enactments specified in Schedule. 28A. Copy of entries relating to immovable property to be sent to sub-registrar, revenue and local authorities. 28B. [Deleted.] 29. Public trust created by will. 30. Notice of particulars of immovable property and scripts entered in register. 31. Bar to hear or decide suits. CHAPTER V. ACCOUNTS AND AUDIT. 32. Maintenance of Accounts. 33. Balancing and auditing of accounts. 34. Auditor's duty to prepare balance sheet and to report irregularities, etc. [1950: Bom. XXIX Bombay Public Trusts Act, 1950 SECTIONS. 35. Investment of public trust money. 36. Alienation of immovable property of public trust. CHAPTER VI. CONTROL 37. Power of inspection and supervision. 38. Explanation on report of auditor. 39. Report to Charity Commissioner. 40. Decision of Charity Commissioner on report under section 39. 41. Order of surcharge. 41A. Power of Charity Commissioner to issue directions to trustees and other persons. CHAPTER VII. OTHER FUNCTIONS AND POWERS OF CHARITY COMMISSIONER. 42. Charity Commissioner to be Corporation sole. 43. Charity Commissioner to be Treasurer of Charitable Endowments under Act, VI of 1890. 44. Charity Commissioner can act as trustee of public trusts. 45. Charity Commissioner may with consent be appointed trustee of settlement by grantor. 46. Appointment of Charity Commissioner as trustee under will. 47. Power of Court to appoint new trustee or trustees as the case may be. 47A. Power to Court to vest property in new trustee. 47AA. Power of Charity Commissioner to apply to Court for appointment of new trustee where trustee convicted under Act. 47B. Court not to appoint Charity Commissioner as trustee of religious trust and Charity Commissioner not to accept such trust if management of religious affairs is involved. 48. Levy of administrative charges. 49. Transfer of property by Charity Commissioner. 50. Suits relating to public trusts. 50A. Power of Charity Commissioner to frame, amalgamate or modify schemes. 51. Consent of Charity Commissioner for institution of suit. 52. Non-application of sections 92 and 93 of Civil Procedure Code to public trusts. 1950: Bom. XXIX] Bombay Public Trusts Act, 1950 5 of 53 SECTIONS. 52A. Suit against assignee for valuable consideration not barred by time. 53. Bequest under will for benefit of public trust. 54. Dharmada. 55. Cypres. 56. Court's power to hear application. 56A. Powers of trustee to apply for directions. 56B. Proceedings involving question affecting public charitable or religious purpose. CHAPTER VII-A. SPECIAL PROVISION AS RESPECTS RELIGIOUS AND CHARITABLE INSTITUTIONS AND ENDOWMENTS WHICH VEST IN, OR THE MANAGEMENT OF WHICH VESTS IN, THE STATE GOVERNMENT. 56C. Provisions of Chapter VII-A to apply to certain endowments. 56D. Vesting, or transfer of management, of certain endowments. 56E. Committees of management. 56F. Term of office of members of committee. 56G. Disqualification of membership. 56H. Power of Government to appoint new member. 56I. Chairman and treasurer of committee. 56J. Meeting of and procedure for committee. 56K. Power of Committee to appoint sub-committees. 56L. Secretary and other officers of Committee. 56M. Terms and conditions of service of Secretary and other servants. 56N. General duties of committee. 56O. Act of committee not invalid by reason of vacancy or defect 56P. Power of State Government to issue directions. 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. 56R. Power to supersede a committee. 56S. Power to make regulations. 56T. Non-application of certain provisions of this Act to endowments. [1950: Bom. XXIX Bombay Public Trusts Act, 1950 SECTIONS. CHAPTER VIII. PUBLIC TRUSTS ADMINISTRATION FUND. 57. Public Trusts Administration Fund. 58. Contribution by public trusts to Public Trusts Administration Fund. 59. Penalties as recovery of contribution. 60. Application of Public Trusts Administration Fund. 61. State Government to direct crediting of funds constituted under any Act in Schedule to Public Trusts Administration Fund constituted under this Chapter. CHAPTER IX. ASSESSORS. 62. Lists of Assessors. 63. Person summoned to attend at the time and place specified. 64. Cases in which assessors shall be summoned. 65. Number of assessors to be called. CHAPTER X. OFFENCES AND PENALTIES. 66. Penalty. 67. Other offences. CHAPTER XI FUNCTIOS OF CHARITY COMMISSIONERS, PROCEDURE, JURISDICTION APPEALS. 68. Duties, functions and powers of Deputy or Assistant Charity Commissioner. . 69. Duties, functions and powers of Charity Commissioner. 70. Appeals from findings of Deputy or Assistant Charity Commissioner. 70A. Charity Commissioner to call for and examine record and proceedings before Deputy or Assistant Charity Commissioner. 71. Appeal to Bombay Revenue Tribunal. 72. Application from Charity Commissioner's decision under section 40, 41 or 70, etc. 73. Officers holding inquiries to have powers of Civil Court. 74. Inquiries to be judicial inquiries. 75. Limitation. 76. Civil Procedure Code to apply to proceedings under this Act. 1950: Bom. XXIX] Bombay Public Trusts Act, 1950 7 of 53 SECTIONS. 77. Recovery of sums due under section 18, 41 or 48 or rules. CHAPTER XII. MISCELLANEOUS. 78. Charity Commissioner and other officers and assessors to be public servants. 79. Decision of property as public trust property. 79A. Recovery of costs and expenses incurred on legal proceedings by Charity Commissioner, etc. 79B. Costs of proceedings before Courts including High Court. 79C. Costs of proceedings before Charity Commissioner, etc. 79CC. Compensatory costs for frivolous or vexatious proceedings before Charity Commissioner, etc. 79D. Court fee to be paid as prescribed by Schedule B. 80. Bar of jurisdiction. 81. Indemnity from suits and proceedings. 82. Trial of offences under this Act. 83. Previous sanction of Charity Commissioner necessary for prosecution. 84. Rules. 85. Repeal. 86. Further repeals and savings consequent on commencement of Bom. XXIX of 1950, in other areas of State. 87. Act not to apply to certain wakfs to which Act XXIX of 1954 applies or to Gurudwara governed by Hyderabad Act XXXVII of 1956 88. Provision for removal of difficulties. SCHEDULE A. SCHEDULE AA. SCHEDULE B. [1950: Bom. XXIX Bombay Public Trusts Act, 1950 BOMBAY ACT NO. XXIX OF 19501. [THE BOMBAY PUBLIC TRUSTS ACT, 1950.] [14th August, 1950.] Amended by Bom. 47 of 1950. Amended by Bom. 14 of 1951. Amended by Bom. 39 of 1951. Amended by Bom. 28 of 1953. Amended by Bom. 21 of 1954. Amended by Bom. 59 of 1954. Amended by Bom. 23 of 1955. Adapted and modified by the Bombay Public Trusts (Corporations) Order, 1959. Amended by Bom. 6 of 1960. Amended by Bombay Charity Commissioner (Regional Reorganisation) Order, 1960. Adapted and modified by the Gujarat Adaptation of Laws (State and Con -current Subjects) Order, 1960. Amended by Guj. 36 of 1961. Amended by Guj. 31 of 1962. Amended by Guj. 31 of 1963. 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: — CHAPTER I. PRELIMINARY. 1. (1) This Act may be called the Bombay Public Trusts Act, 1950. 2[(2) It shall extend to the whole of the 3[State of Gujarat]. (3) This Act shall come into force at once but the provisions thereof shall apply to a public trust or any class of public trusts on the date specified in the notification under sub-section (4). (4) The State Government may, by notification in the Official Gazette specify the date on which the provisions of this Act shall apply to any public trust or any 4[class of public trusts; and different dates may be specified for such trusts in different areas:] Provided that the State Government may also by a like not ification direct that from the date specified therein any public trust or class of public trusts shall be exempt from the provisions of this Act: Provided further that before a notification of such application or exemption is published a draft thereof sha ll be published in the Official Gazette and in such other manner as may be prescribed for the information of persons likely to be affected thereby together with a notice specifying the date on or before which any objections or suggestions shall be received and the date on or after which the draft shall be taken into consideration. 2. In this Act, unless there is anything repugnant in the subject or context:- (1) "assessor" means person appointed as an assessor under section 7; (2) "Assistant Charity Commissioner" means an Assistant Charity Com - Short title, extent, operation and application. Definitions. 1950: Bom. XXIX] Bombay Public Trusts Act, 1950 9 of 53 missioner appointed under section 5; (3) "Charity Commissioner" means the Charity Commissioner appointed under section 3; (4) "Court" means in the Greater Bombay, the City Civil Court and else where the District Court; (5) "Deputy Charity Commissioner" means the Deputy Charity Commis - sioner appointed under section 5; (6) "Hindu" includes Jain, Buddhist and Sikh; (7) "Inspector" means an Inspector appointed under section 6; 5[(7A) "instrument of trust" means the instrument by which the trust is created by the author of the trust and includes a scheme framed by a com petent authority; (7B) "Joint Charity Commissioner" means a Joint Charity Commissioner appointed under section 3A;] (8) "manager" means any person (other than a trustee) who for the time being either alone or in association with some other person or persons administers the trust property of any public trust and includes- (a) in the case of a math, the head of such math, (b) in the case of a wakf, a mutavalli of such wakf, (c) in the case of a society registered under the Societies Registration Act, 1860 its governing body, if the property of the society is not vested in a trustee; (9) "math" means an institution for the promotion of the Hindu religion presided over by a person whose duty it is to engage himself in imparting religious instructions or rendering spiritual service to a body of disciples or who exercises or claims to exercise headship over such a body and includes places of religious worship or instruction which are appurtenant to the insti tution; (10) "person having interest" 6[includes]- (a) in the case of a temple, person who is entitled to attend at or is in the habit of attending the performance of worship or service in the temple or who is entitled to partake or is in that habit of partaking in the distribution of gifts thereof, (b) in the case of a math, a disciple of the math or a person of the religious pursuasion to which the math belongs, (c) in the case of a wakf, a person who is entitled to receive any pecuniary or other benefit from the wakf and includes a person who has right to worship or to perform any religious rite in a mosque, idgah, imambara, dargah, maqbara, or othe r religious institution connected with the wakf or to participate in any religious or charitable institution under the wakf, (d) in the case of a society registered under the Societies Registration Act, 1860, any member of such society, and (e) in the case of any other public trusts, any beneficiary; XXI of 1860. [1950: Bom. XXIX Bombay Public Trusts Act, 1950 (11) "prescribed" means prescribed by rules; (12) "public securities" means- (a) securities of the Central Government or any State Government, (b) stocks, debentures or shares in Railway or other companies , the interest or dividend on which has been guarnteed by the Central or any State Government, (c) debentures or other securities for other securities for money issued by or on behalf of any local authority in exercise of the powers conferred by an Act of the Central or State Legislature, (d) a security expressly authorised by an order which the State Government makes in this behalf; (13) "Public trust" means an express or constructive trust for either a public religious or charitable purpose or both and includes a temple, a math, a wakf, 7[a dharmada] or any other religious or charitable endowment and a society formed either for a religiou s or charitable purpose or for both and registered under the Societies Registration Act, 1860; (14) "region" or "sub -region", means the areas designated as such and for which a Public Trusts Registration Office has been established under this Act; (15) "rules" means rules made under this Act; (16) 8[ * * * * * ] (17) "temple" means a place by whatever designation known and used as place of public religious worship and dedicated to or for the benefit of or used as of right by the Hindu community or any section thereof as a place of public religious worship; (18) "trustee" means a person in whom either alone or in association with other persons, the trust property is vested and includes a manager; (19) "wakf" means a permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognised by the Islamic law as pious, religious or charitable and includes a wakf by user but does not include a wakf such as is described in section 3 of the Mussalman Wakf Va lidating Act, 1913, under which any benefit is for the time being claimable for himself by the person by whom the wakf was created or by any member of his family or descendants; (20) words and expressions used but not defined in this Act and defined in the Indian Trusts Act, 1882, shall have the meaning assigned to them in that Act. 2A. [Construction of certain references in the Act in their application to that part of Mysore to which the Act extends.] Deleted by Bom. 6 of 1960, s. 5. 9[2B. In the application of this Act to that part of the State of Gujarat to which it extends any reference therein by whatever form of words- (1) to the State or the State Government or the High Court shall be con strued as a reference to the State, the Government or the High Court of Gujarat, (2) to the Bombay Revenue Tribunal shall be construed as a reference to the Gujarat Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957.] XXI of 1860. VI of 1913. II of 1882. Construction of certain references in the Act in their application to that part of Gujarat to which the Act extends. XXI of 1958. 1950: Bom. XXIX] Bombay Public Trusts Act, 1950 11 of 53 CHAPTER II. ESTABLISHMENT. 3. 10[The State Government] may, by notification in the Official Gazette, appoint an Officer to be called the Charity Commissioner, who shall exercise such powers and shall perform such duties and functions as are conferred by or under the provisions of this Act and shall, subject to such general or special orders as the State Government may pass, superintend the administration and carry out the provisions of this Act 11[throughout the State]: 12[Provided that on and after the commen cement of the Bombay Charity Commissioner (Regional Reorganisation) Order, 1960, made under the Bombay Statutory Corporations (Regional Reorganisation) Act, 1960, the State Govern ment of Bombay may, by notification in the Official Gazette, appoint separate Officers to be called the Charity Commissioner, Bombay and the Charity Commissioner, Gujarat whose jurisdiction shall extend over the Maharashtra region and the Gujarat region, respectively, as defined in that Act. Where two separate Charity Commissione rs are appointed, any reference in this Act to the Charity Commissioner shall, unless the context otherwise requires, be construed as a reference to the Charity Commissioner having jurisdiction.] 13[3A. The State Government may, by notification in the Official Gazette, appoint one or more Officers to be called Joint Charity Commissioners who shall, subject to the control of the Charity Commissioner, and to such general or special order as the State Government may pass, exercise all or any of the powers and perform all or any of the duties and functions, of the Charity Commissioner.] 14[4. 15[A person to be appointe d as the Charity Commissioner or a joint Charity Commissioner shall be one-] (a) who is holding or has held a judicial office not lower in rank than that of a District Judge or a judge of the Bombay City Civil Court, or the Chief Judge of the Presidency Small Cause Court, or (b) who has been for not less than ten years- (i) an advocate enrolled under the Indian Bar Councils Act, 1926, (ii) an attorney of High Court, or (iii) a pleader enrolled under the Bombay Pleaders Act, 1920.] 5. (1) The State Government may also appoint such number of Deputy and Assistant Charity Commissioners for such regions or sub -regions or for such public trust or such class of public trusts as may be deemed necessary. 17[(2) Aperson to be appointed as a Deputy Charity Commissioner shall be one- (a) who is holding or has held a judicial office not lower in rank than that of a Civil Judge (Senior Division) or a Judge of the Court of Small Causes of Bombay or any office which in the opinion of the State Government is an equivalent office, or (b) who has been for not less than eight years,- (i) an advocate enrolled under the Indian Bar Councils Act, 1926, Charity Commissioner. Bom. XXI of 1960. Joint Charity Commissioners. Qualifications for appointment of Charity Commissioner 16[and Joint Charity Commissoner.] XXVIII of 1926. Bom. XVII of 1920. Deputy and Assistant Charity Commissioners. XXXVIII of 1926. [1950: Bom. XXIX Bombay Public Trusts Act, 1950 (ii) an attorney of a High Court, or (iii) a pleader enrolled under the Bombay Pleaders Act, 1920. (2A) A person to be appointed as an Assistant Charity Commissioner shall be a person- (a) who is holding or has held a judicial office not lower in rank than that of a Civil Judge (Junior Division) or any office which in the opinion of the State Government is an equivalent office, for not less than four years, or (b) who has been for not less than seven years,- (i) an advocate enrolled under the Indian Bar Councils Act, 1929, (ii) an attorney of a High Court, or (iii) a pleader enrolled under the Bombay Pleaders Act, 1920.] (3) The Deputy and Assistant C harity Commissioners shall exercise such powers and perform such duties and functions as may be provided by or under the provisions of this Act 6. 18[For the purpose of carrying out the provisions of this Act, the State Government may appoint the Director of Accounts and Assistant Directors of Accounts possessing the prescribed qualifications, Inspectors and other Sub ordinate officers] and assign to them such powers, duties and functions under this Act, as may be deemed necessary: 19[Provided that the State Government may, by general or special order and subject to such conditions as it deems fit to impose, delegate to the Charity Commissioner, 20[the Joint Charity Commissioner] and the Deputy and Assistant Charity Commissioners powers to appoint subordinate officers and servants as may be specified in the order.] 21[6A. 22[The Charity Commissioners], 23[the Joint Charity Commissioner,] the Deputy and Assistant Charity Commissioner, 24[the Director of Accounts, the Assistant Directors of Accounts,] the Inspectors and other subordinate] officers and servants appointed under this Act shall be the servants o f the State Govern ment and they shall draw their pay and allowances from the Consolidated Fund of the State. The conditions of service of such officers shall be such as may be determined by the State Government. 6B. There shall be paid every year out of the Public Trusts Administration Fund to the State Government such cost as the State Government may deter mine on account of the pay, pension, leave and other allowances of the Charity Commissioner, 25[the Joint Charity Commissioner], the Deputy and Assistant Charity Commissioners, 26[the Director of Accounts, the Assistant Directors of Accounts,] the Inspectors and other subordinate officers and servants appointed under this Act.] 7. (1) The assessors shall be appointed in the manner provided in Chapter IX for any region or sub-region or with respect to any particular public trust or class of public trusts or in connec tion with any particular matter or class of matters to such trust or class of trusts. (2) The assessors shall perform such functions as may be provided by or under the provisions of this Act 8. (1) The State Government may delegate any of it s own powers or func tions Bom. XVII of 1920. XXXVIII of 1926. Bom. XVII of 1920. Subordinate Officers. Charity Commissioner and other officers to be servants of State Government. Cost of pay, pension, etc., of Charity Commissioner etc., to be paid to Government out of the public Trusts Administration Fund. Assessors. Delegations. 1950: Bom. XXIX] Bombay Public Trusts Act, 1950 13 of 53 under this Act to the Charity Commissioner or any other officer subject to such conditions as it thinks fit. (2) The State Government may also direct that any powers exercisable and duties or functions to be performed by any par ticular officer appointed under this Act may be performed by any other officer subject to such conditions as it thinks fit. CHAPTER III. CHARITABLE PURPOSES AND VALIDITY OF CERTAIN PUBLIC TRUSTS. 9. For the purposes of this Act, a charitable purpose includes- (1) relief of poverty or distress, (2) education, (3) medical relief, and (4) the advancement of any other object of, general public utility, but does not include a purpose which relates- (a) exclusively to sports, or (b) exclusively to religious teaching or worship. 10. Notwithstanding any law, custom or usage, a public trust shall not be void, only on the ground that the persons or ob jects for the benefit of whom or which it is created are unascertained or unascertainable. Explanation.-A public trust created for such objects as dharma, dharmada or punyakarya, punyadan shall not be deemed to be void, only on the ground that the objects for which it is created are unascertained or unascertainable. 11. A public trust created for purposes some of which are charitable or religious and some are not shall not be deemed to be void in respect to the charitable or religious purpose, only on the ground that it is void with respect to the non -charitable or non- religious purpose. 12. Any disposition of property for a religious or charitable purpose shall not be deemed to be void as a public trust, only on the ground that no obligation is annexed with such disposition requiring the person in whose favour it is made to hold it for the benefit of a religious or charitable object. 13. If any public trust is created for a s pecific object of a charitable or: religious nature or for the benefit of a society or institution constituted for a charitable or religious purpose, such trust shall not be deemed to be void only on the ground- (a) that the performance of the specific ob ject for which the trust was created has become impossible or impracticable, or (b) that the society or institution does not exist or has ceased to exist, notwithstanding the fact that there was no intent for the appropriation of the trust property for a general charitable or religious purpose. CHAPTER IV. REGISTRATION OF PUBLIC TRUSTS. 14. (1) For the purposes of this Act, the State Government may form regions and sub-regions and may prescribe and alter limits of such regions an d sub - regions. Charitable purposes. Public trust not to be void on ground of uncertainty. Public trust not void on ground that it is void for non- charitable or non- religious purpose. Public trust not void on ground of absence of obligation. Public trust not void on failure of specific object or society, etc., ceasing to exist. Regions and sub- regions. [1950: Bom. XXIX Bombay Public Trusts Act, 1950 (2) The regions and sub -regions formed under this section, together with the limits thereof and every alteration of such limits shall be notified in the Official Gazette, 15. In every region or sub-region there shall be a Public Trusts Registration Office: Provided that for two or more regions or sub-regions, there may be one Public Trusts Registration Office: Provided further that for one region or sub -region there may be o ne or more Joint Public Trusts Registration offices. 16. The State Government may appoint a Deputy Charity Commissioner or Assistant Charity Commissioner to be in charge of one or more Public Trusts Registration Offices or Joint Public Trusts Registration Offices. 17. In every Public Trusts Registration Office or Joint Public Trusts Registration Office, it shall be the duty of the Deputy or Assistant Charity Commissioner in charge to keep and maintain such books, indices and other registers as may be prescribed. Such books, indices and registers shall contain such particulars as may also be prescribed. 18. (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 27[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 accom - panied by such fee as may 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 da te 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:- 28[(ai) the designation by which the public trust is or shall be known (here-inafter 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 movable and immovable trust property and such descriptions and particulars as may be sufficient for the identification thereof, (iv) the approximate value of the movable 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 Public Trust Registration Offices. Deputy or Assistant Charity Commissioner to be in charge of Public Trusts Registration Office. Books, indices and registers. Registration of public trurts. 1950: Bom. XXIX] Bombay Public Trusts Act, 1950 15 of 53 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: Provided that the rules may provide that in the case of any or all public trusts it shall not be necessary to give the particulars of the trust property of such value and such kind as may be specified therein. (6) Every application made under sub -section (1) shall be signed and veri fied 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. 29[(7) It shall also be the duty of the trustee of the public trust to send memorandum in the prescribed form containing the particulars, including, the name and description of the public trust , relating to the immovable property of such public trust, 30[to the sub-registrar of the sub -district appointed under the Indian Registration Act, 1908, in which such immovable property is situate for purposes of registration. 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.] 19. On the receipt of an application under section 18, or upon an application made by any person having interest in a public trust or on his own motion, the Deputy or Assistant Charity Commissioner shall make an inquiry in the prescribed manner for the purpose of ascertaining:- 31[(i) whether a trust exists and whether such trust is a public trust], ( ii) whether any property is the property of such trust, (iii) whether the whole or any substantial portion of the subject -matter of the trust is situate within his jurisdiction, (iv) the names and addresses of the trustees and manager of such trust, ( v) the mode of succession to the office of the trustee of such trust, ( vi) the origin, nature and object of such trust, (vii) the amount of gross average annual income and expenditure of s uch trust, and (viii) any other particulars as may be prescribed under sub -section (5) of section 18. 20. On completion of the inquiry provided for under section 19, the Deputy or Assistant Charity Commissioner shall record his findings with the reasons therefor as to the matters mentioned in the said section, 32[and may make an order for the payment of the registration fee]. 21. (1) The Deputy or Assistant Charity Commissioner shall make entries in the register kept under section 17 in accordance with the findings recorded by XVI of 1908. Inquiry for registration. Findings of Deputy or Assistant Charity Commissioners. Entries in Register. [1950: Bom. XXIX Bombay Public Trusts Act, 1950 him under section 20 or if appeals 33[or applications] are made as provided by this Act, in accordance with the final decision of the competent authority provided by this Act. (2) The entries so made shall, subject to the provisions of this Act and subject to any change recorded under the following provisions, be fi nal and conclusive. 22. (1) Where any change occurs in any of the entries recorded in the register kept under section 17, the trustee shall, within 90 days from the date of the occurrence of such change, or where any change is desired in such entries in the interest of the administr ation of such public trust, report such change or proposed change to the Deputy or Assistant Charity Commissioner in charge of the Public Trusts Registration Office where the register is kept. Such report shall be made in the prescribed form. 34[(1A) Where the change to be reported under sub -section (1) relates to any immovable property, the trustee shall, alongwith the report, furnish a memo - randum in the prescribed form containing the particulars (including the name and description of the public trust) r elating to any change in the immovable property of such public trust, for forwarding it to the sub -registrar referred to in sub-section (1) of section 18. Such memorandum shall be signed and verified in the prescribed manner by the trustee or his agent specially authorised by him in this behalf.] (2) For the purpose of verifying the correctness of the entries in the register kept under section 17 or ascertaining whether any change has occurred in any of the particulars recorded in the register, the Deputy or Assistant Charity Commissioner may hold an inquiry. (3) If the Deputy or Assistant Charity Commissioner, as the case may be after receiving a report under sub -section (1) and holding an inquiry, if neces sary under sub-section (2), or merely after ho lding an inquiry under the said sub - section (2), is satisfied that a change has occurred in any of the entries recorded in the register kept under section 17 in regard to a particular public trust, he shall record a finding with the reasons therefor to tha t effect. Such finding shall be appealable to the Charity Commissioner. The Deputy or Assistant Charity Commissioner shall amend the entries in the said register in accordance with such finding and if appeals 35[or applications] were made against such find ing, in accordance with the final decision of the competent authority provided by this Act. The amendments in the entries so made shall, subject to any further amendment on the occurrence of a change, be final and conclusive. 36[(4) Whenever an entry is amended under sub -section (3), the Deputy or Assistant Charity Commissioner, as the case may be, shall forward the memo- randum furnished to him under sub-section (1A), after certifynig the amended entry to the sub -Registrar referred to in sub-section (1) of section 18, for the purpose of registering the change.] 37[22A. If at any time after the entries are made in the register under section 21 or 22 it appears to the Deputy o r Assistant Charity Commissioner that any particular relating to any public trust, which was not the subject -matter of the inquiry under section 19, or sub -section (3) of section 22, as the case may be, has remained to be enquired into, the Deputy or Assis tant Charity Commis sioner, as the case may be, may make further inquiry in the prescribed manner, record his findings and make entries in the register in accordance with the de cision arrived at or if appeals or applications are made as provided by this A ct, in accordance with the decision of the competent authority provided by this Act. The provisions of sections 19, 20, 21 and 22 shall, so far as may be, apply to the inquiry, the recording of findings and the Change. Further Inquiry by Deputy or Assistant Charity Commissioner. 1950: Bom. XXIX] Bombay Public Trusts Act, 1950 17 of 53 making of entries in the register under this section.] 38[22B. (1) In the case of a public trust — (a) which is deemed to have been registered under this Act or under section 28, or (b) which has been registered under this Act before the date of the coming into force of the Bombay Public Trusts (Amendment) Act, 1955 (herein after referred to as the said date) on an application made under section 18, or (c) in respect of which an ap plication for registration has been made under section 18 and such application was pending on the said date, the trustee of such public trust shall within three months from the said date make an application in writing for registration of the property of the public trust in the name of such trust and shall state in the application the name of the public trust (2) Such application shall be signed and verified in the prescribed manner by the trustee or his agent specially authorised by him in this behalf and made to the Deputy or Assistant Charity Commissioner who made entries in respect of such public trust in the register kept under section 17 or with whom the application for registration of the public trust was pending, as the case may be. (3) On receipt of such application, the Deputy or Assistant Charity Commis - sioner shall- (a) in the case of a public trust which is deemed to have been registered under section 28 or which has been registered under this Act before the said date specify the name of the public trust against the entries made in respect of such trust in the register kept under section 17, and (b) in the case of a public trust the application for the registration of which was pending on the said date specify the name of the public trust at the time of making entries under section 21 in respect of such public trust in the register kept under section 17. 22C. 39[(1)] In the case of a public trust,- (a) which is deemed to have been registered under this Act under 40[section 28, read with Schedule A], or (b) which has been registered under this Act before the coming into force of the Bombay Public Trusts (Amendment) Act, 1955 (hereinafter referred to as the said date) on an application m ade under section 18, or (c) in respect of which an application has been made under section 18 and such application was pending on the said date, the trustee of such public trust shall within three months from the said date send a memorandum in the presc ribed form containing the particulars, includ ing the name and description of the public trust, relating to the immovable property of such public trust to the 41[officers specified in sub -section (1) of section 18 for the purposes of registration]. Registration of trust property in the name of public trust which has already been registered, etc. Bom. 23 of 1965. Registration of particulars of im- movable property of trusts already registered with certain officers and authorities. Bom. 23 of 1965. [1950: Bom. XXIX Bombay Public Trusts Act, 1950 Such m emorandum shall be signed and verified in the prescribed manner by the trustee or his agent specially authorised by him in this behalf,] 42(2) In the case of a public trust deemed to have been registered under section 28 read with Schedul e AA, the provisions of sub -section (/) shall apply with the modification that the said date shall refer to the date of the coming into force of the Bombay Public Trusts (Unification and Amendment) Act, 1959.] 23. If any part of the property of any public trust is situate within the limits of more than one region or sub -region, the Deputy or Assistant Charity Com missioner of the region or sub -region within the limits of which the public trust is registered, shall forward a copy of the entries to the Deputy or Assistant Charity Commissioner in charge of the region or sub -region within the limits of which such part of the trust property is situate. The Deputy or Assista nt Charity Commissioner in charge of such region or sub -region shall make an entry in such book as may be prescribed for the purpose. A copy of such entry shall also be sent by the Deputy or the Assistant Charity Commissioner, as the case may be, to the Su b-Registrar appointed under the Indian Registra tion Act, 1908, of the sub -district within the limits of which such property or part thereof is situate. 24. No Deputy or Assistant Charity Commissioner shall proceed with an inquiry under section 19 or 22 in regard to any public trust which has been already registered in any other region or sub-region. 25. (1) If an inquiry under section 19 or 22 in regard to any public trust is pending before more than one Charity Commissioner whether Deputy or Assistant, the Charity Commissioner shall, on the application of any of the persons having interest in such public trust or of any Deputy or Assi stant Charity Commissioner before whom such inquiry is pending or on his own motion, determine which of such Deputy or Assistant Charity Commissioner shall proceed with the inquiry in regard to such trust. (2) The determination of the Charity Commissioner under sub -section (/) shall be final and conclusive; and upon such determination, no Deputy or Assistant Charity Commissioner other than the Deputy or Assistant Charity Commissioner specified by the Charity Commissioner shall proceed with the inquiry in r egard to the public trust under section 19 or 22, as the case may be. 26. Any Court of competent jurisdiction deciding any question relating to any public trust which by or under the provisions of this Act is not expressly or impliedly barred from deciding shall cause copy of such decision to be sent to the Charity Commissioner and the Charity Commissioner shall cause the entries in the register kept under section 17 to be made or amended in regard to such public trust in accordance with such decision. The amendments so made shall not be altered except in cases where such decision has been varied in appeal or revision by a court of competent jurisdiction. Subject to such alterations, the amendments made shall be final and conclusive. 27. [Stamping of scripts.] Repealed by Bom. 39 of 1951, s. 2, First Schedule. 28. (1) All public trusts registered under the provisions of any of the enact ments specified in 43[Schedule A], 44[and Schedule AA] shall be deemed to have been registered under this Act from the date on which this Act may be applied to them. The Deputy or Assistant Charity Commissioner of the region or sub - region within the limits of which 45[a publ
Excerpt shown. Open the full act in Lexace.