LexThe Maharashtra Public Trusts Act.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1950 : XXIX] 1
THE MAHARASHTRA PUBLIC TRUSTS ACT
[Text as on 31st May 2024]
________________
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent, operation and application.
2. Definitions.
2A. [Deleted by Bom. 6 of 1960, s. 5.]
CHAPTER II
ESTABLISHMENT
3. Charity Commissioner.
3A. Joint Charity Commissioners.
4. Qualifications for appointment of Charity Commissioner and Joint 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. [Deleted by Mah. 12 of 1967, s. 4.]
8. Delegations.
CHAPTER III
CHARITABLE PURPOSES AND VALIDITY OF CERTAIN PUBLIC TRUSTS
9. Charitable purposes.
10. Public trust not 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 or society, etc. ceasing to exist.
CHAPTER IV
REGISTRATION OF PUBLIC TRUSTS
14. Regions and sub-regions.
15. Public Trusts Registration Offices.
15A. Power to set up offices in district.
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.
2 The Maharashtra Public Trusts Act [1950 : XXIX
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 immoveable property of trusts already registered with certain
officers and authorities.
23. Procedure where trust property is situate 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. Entries in register to be made or amended in certain cases.
27. [Repealed].
28. Public trust previously registered under enactments specified in Schedule.
28A. Copy of entries relating to property to be sent to sub-registrar.
28B. [Deleted by Bom. 6 of 1960, s. 17.]
29. Public trust created by will.
30. Notice of particulars of immovable property entered in register.
31. Bar to hear or decide suits.
CHAPTER V
BUDGET, ACCOUNTS AND AUDIT
31A. Trustees of certain trusts to submit budget to Charity Commissioner.
32. Maintenance of accounts.
33. Balancing and auditing of accounts.
34. Auditor’s duty to prepare balance sheet and to report irregularities, etc.
CHAPTER V-A
POWERS AND DUTIES OF, AND RESTRICTION ON, TRUSTEES
35. Investment of public trust money.
36. Alienation of immovable property of public trust.
36A. Powers and duties of, and restrictions on trustees.
36B. Register of moveable and immoveable properties.
CHAPTER VI
CONTROL
37. Power of inspection and supervision.
38. Explanation on reports of auditor or on complaint.
39. Report to Charity Commissioner.
40. Power of Charity Commissioner to issue orders on report received under section 39 or to
remand matter, etc.
1950 : XXIX] The Maharashtra Public Trusts Act 3
41. Order of surcharge.
41A. Power of Commissioner to issue direction for proper administration of the trust.
41AA. Power 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.
41B. Power to institute inquiries.
41C. Persons (other than public trust) collecting money, subscription or donation, etc.
41D. Suspension, removal and dismissal of trustees.
41E. Power to act for protection of charities.
41F. Attachment of property in certain cases.
CHAPTER VII
OTHER FUNCTION AND POWERS OF CHARITY COMMISSIONER
42. Charity Commissioner to be corporation sole.
43. Maharashtra Charity Commissioner to be Treasurer of Charitable Endowments under Act 6
of 1890.
44. [Deleted by Mah. 20 of 1971, s. 31.]
45. [Deleted by Mah. 20 of 1971, s. 31.]
46. [Deleted by Mah. 20 of 1971, s. 31.]
47. Power of Charity Commissioner to appoint, suspend, remove or discharge trustees and to
vest property in new trustees.
47AA. [Deleted by Mah. 20 of 1971, s. 33.]
47A. [Deleted by Mah. 20 of 1971, s. 33.]
47B. [Deleted by Mah. 20 of 1971, s. 33.]
48. [Deleted by Mah. 20 of 1971, s. 33.]
49. [Deleted by Mah. 20 of 1971, s. 33.]
50. Suit by or against or relating to public trusts or others.
50A. Power of Charity Commissioner to frame, amalgamate or modify schemes.
51. Consent of Charity Commissioner for institution of suit.
52. Non-application of section 92 and 93 of Civil Procedure Code to public trusts.
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. [Deleted by Mah. 55 of 2017, s. 17.]
56A. [Deleted by Mah. 55 of 2017, s. 18.]
56B. Proceedings involving question affecting public charitable or religious purpose.
4 The Maharashtra Public Trusts Act [1950 : XXIX
CHAPTER VII – A
SPECIAL PROVISION AS RESPECTS RELIGIOUS AND CHARITABLE INSTITUTIONS
AND ENDOWMENTS WHICH VEST IN, OR THE MANAGEMENT OF
WHICH VEST 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 Committees 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.
56QQ. Management Fund.
56R. Power to supersede a committee.
56RR. Power of removal of members of committee and appointment of Administrator temporarily.
56S. Power to make regulations.
56T. Non-application of certain provision of this Act to endowments.
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]
[Deleted]
CHAPTER X
OFFENCES AND PENALTIES
66. Penalty.
66A. Punishment for contravention of provision of section 36.
66B. Punishment for contravention of provision of section 41AA.
1950 : XXIX] The Maharashtra Public Trusts Act 5
66C. Punishment for contravention of section 41C.
67. Other offences.
67A. Compounding of offence.
CHAPTER XI
FUNCTIONS OF CHARITY COMMISSIONER, PROCEDURE, JURISDICTION
AND 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. [Deleted by Mah. 55 of 2017, s. 23.]
72. [Deleted by Mah. 55 of 2017, s. 24.]
73. Officers holding inquiries to have powers of civil court.
73A. Power of Inquiry Officers to join persons as party to proceedings.
74. Inquiries to be judicial inquiries.
74A. Charity Commissioner, Joint Charity Commissioner, Deputy or Assistant Charity
Commissioner, etc., to be civil court within sections 345 and 346 of Criminal Procedure
Code, 1973.
75. Limitation.
76. Civil Procedure Code to apply to proceedings before Court under this Act.
77. Recovery of sums due under the Act and rules.
CHAPTER XII
MISCELLANEOUS
78. Charity Commissioner and other officers to be public servants.
79. Decision of property as public trust property.
79AA. Power to finalise reconstructed record.
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.
6 The Maharashtra Public Trusts Act [1950 : XXIX
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 wakf 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 : XXIX] The Maharashtra Public Trusts Act 7
LIST OF AMENDMENT ACTS
1. Amended by Bom. 47 of 1950
2. Amended by Bom. 14 of 1951
3. Amended by Bom. 39 of 1951
4. Amended by Bom. 28 of 1953
5. Amended by Bom. 21 of 1954
6. Amended by Bom. 59 of 1954
7. Amended by Bom. 23 of 1955
8. Adapted and modified by the Bombay Public Trusts (Corporations) Order, 1959.1
9. Amended by Bom. 6 of 1960
10. Adapted and modified by the Bombay Charity Commissioner (Regional Reorganisation)
Order, 1960.
11. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concu rrent
Subjects) Order, 1960.
12. Adapted and modified by the Treasurer of Charitable Endowments, Bombay
(Reconstitution) Order, 1962.2
13. Amended by Mah. 29 of 1962
14. Amended by Mah. 6 of 1964
15. Amended by Mah. 39 of 1965
16. Amended by Mah. 22 of 19673
17. Amended by Mah. 20 of 1971
18. Amended by Mah. 40 of 1973 (1-11-1973)
19. Amended by Mah. 32 of 1975 (1-2-1977)
1 This order was published in Gazette of Government of India, Ministry of Home Affairs, Notification No. F. 8/15/57 -
SR(R)-5, dated 21st March 1959. It came into force on 1st April 1959.
2 This order was published in Gazette of Government of India, Ministry of Home Affairs, Order No. 8/12/61 SR(R), dated
30th January 1962. It came into force on 1st March 1962.
3 Section 11 of Mah. 22 of 1967 reads as under :-
“11. Saving.– The Provisions of the principal Act as amended by this Act (other than section 3 thereof) saving shall
not apply to, or affect, any proceedings referred to in section 64 of the principal Act in which the Charity Commissioner,
or the Deputy or Assistant Charity Commissioner, as the case may be, has summons the Assessors to aid and assist him
and has begun the inquiry prior to the date of the commencement of this Act, and such pro ceeding is pending on that
date, and every such proceeding shall be continued and disposed of as it this Act has not been passed; but save as
aforesaid, the principal Act and the amendment made thereto by this Act (other than section 3 thereof) shall apply to all
proceedings referred to in the said section 64 instituted on or after the date of commencement of this Act.”.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
8 The Maharashtra Public Trusts Act [1950 : XXIX
20. Amended by Mah. 35 of 19771,2 (1-4-1997)
21. Amended by Mah. 10 of 1978
22. Amended by Mah. 43 of 19813 (1-8-1981)
23. Amended by Mah. 29 of 19834 (17-5-1983)
24. Amended by Mah. 8 of 1985 (1-8-1986)
25. Amended by Mah. 39 of 1997 (6-8-1997)
26. Amended by Mah. 49 of 20055 (16-9-2005)
27. Amended by Mah. 20 of 20096 (18-5-2009)
28. Amended by Mah. 24 of 2012 (22-8-2012)
29. Amended by Mah. 9 of 20167 (23-2-2016)
1 Maharashtra Ordinance No. IV of 1977 was repealed by Mah. 35 of 1977, s. 9.
2 Sections 3 and 8 of Mah. 35 of 1977 read as follows :-
“3. Validation of contribution levied or not levied during certain periods from 1 st April 1970 till 31 st March
1977.– (1) Not withstanding anything contained in any judgement, decree or order of any Court, any contribution to the
Public Trusts Administration Fund levied and collected from the public trusts for the periods from the 15 th December
1973 to the 14th December 1975 (both inclusive at the rate of five per cent. of the gross annual income or the gross
annual collection or receipt, as the case may be, shall be deemed to have been validly levied and collected under rule 22,
read with Schedule IX-C of the Bombay Public Trusts Rules, 1951 as re-enacted by the last preceding section of this Act.
Any action taken or anything done for levying, demanding or collecting contribution from any Public Trust for the said
Period at the said rat e shall be deemed to be, and shall be deemed always to have been, validly taken or done and shall
not be called in question in any Court or before any authority, merely on the ground that there was no valid rule or
Schedule made or in force or that the ame ndments thereto were not validly made or were not in force or that the
amendments did not fit in the rule or Schedule or did not form part of the rule or Schedule or on such other ground.
(2) Notwithstanding anything contained in section 58 of the Bombay P ublic Trusts Act, 1950 (Bom. XXIX 1950).
or the rules made or deemed to be re -enacted thereunder, no contribution to the Public Trusts Administration Fund Shall
be payable by any public trust on the basis of amounts received, collected or earned by the pu blic trust during the periods
from the 1 st April 1970 to the 14 th December 1973(both inclusive) and from the 15 th December 1975 to the 31 st March
1977 (both inclusive).
(3) Notwithstanding anything contained in sub -sections (1) and (2), the contribution to the Public Trusts
Administration Fund, if any, paid from time by any public trust for any part or parts of the period form the 1 st April 1970
to the 31st March 1977, in excess of the amount due and payable by such trust, shall be adjusted towards the cont ribution
due and payable by that trust :-
(a) for the period or periods upto and inclusive of the 31st March 1970 ;
(b) for the part or parts of the period from the 1st April 1970 upto and inclusive of the 1st March 1977 ; or
(c) for the period from the 1st April 1977 upto and inclusive of the 31st March 1978 as the case may require.
After making such adjustment, if any, amount is found to have been paid in excess the same shall be refunded to
the public trust.
8. Saving.– Nothing in this Act shall render any person liable to be prosecuted for or convicted of any offence in
respect of anything done or omitted to be done by him before the 1 st April 1977 if such act or omission was not an
offence under the principal Act or the rules made thereunder but for the amendments and other provisions made by this
Act.”.
3 Maharashtra Ordinance No. X of 1981 was repealed by Mah. 43 of 1981, s. 4.
4 Maharashtra Ordinance No. IX of 1983 was repealed by Mah. 29 of 1983, s. 5.
5 Maharashtra Ordinance No. VI of 2005 was repealed by Mah. 49 of 2005, s. 5.
6 Maharashtra Ordinance No. VIII of 2009 was repealed by Mah. 20 of 2009, s. 5.
7 Maharashtra Ordinance No. IV of 2016 was repealed by Mah. 9 of 2016, s. 4.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
1950 : XXIX] The Maharashtra Public Trusts Act 9
30. Amended by Mah. 55 of 20171 (10-10-2017)2
31. Amended by Mah. 4 of 20183 (10-10-2017)
32. Amended by Mah. 36 of 2018 (21-5-2018)4
33. Amended by Mah. 4 of 2019 (29-6-2019)
34. Amended by Mah. 26 of 2020 (05-10-2020)
1 Section 33 of Mah. 55 of 2017 reads as under :-
“33. Removal of doubts.– For the removal of doubts, it is hereby declared that nothing in the Maharashtra Public
Trust Act, (XXIX of 1950.), as amended by the Maharashtra Public Trusts (Second Amendment) Act, 2017(Mah.LV OF
2017). (hereinafter referred to as “the said Amendment Ac t of 2017”), Shall affect the applications or appeals pending
before any Civil Court on the date of Commencement of the said Amendment Act of 2017, and such applications or
appeals shall be dealt with and disposed of by such Court in accordance with the la w as its stood prior to the date of
commencement of the said Amendment Act of 2017.”.
2 Vide G. N. L. & J. D. No. BPT 1116/C.R.95/Desk XV, dated 10.10.2017.
3 Maharashtra Ordinance No. XXII of 2017 was repealed by Mah. 4 of 2018, s. 3.
4 Vide G. N. L. & J. D. No. BPT 1116/C.R.57/Desk XV, dated 19.05.2018.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
10 The Maharashtra Public Trusts Act [1950 : XXIX
1950 : XXIX] The Maharashtra Public Trusts Act 11
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 :—
CHAPTER I
PRELIMINARY
1. Short title, extent operation and application .— (1) This Act may be called the
2[Maharashtra Public Trusts Act.]
3[(2) it shall extend to the whole of the 4[State of Maharashtra].
(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 dates 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 5[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 notification direct that from the date
specified therein any public trust or class of public trusts shall be exempt 6[from all or any of the
provisions of this Act, subject to such conditions as may be specified in the notification]:
Provided further that before a notification of such application or exemption is published a draft
thereof shall 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. Definitions.— In this Act unless there is anything repugnant in the subject or context, —
7* * * *
(2) “Assistant Charity Commissioner” means an Assistant Charity Commissioner appointed
under section 5 ;
8[(2A) “beneficiary” means any person entitled to any of the benefit as per the objects of the
trust explained in the trust deed or the scheme made as per this Act and constitution of the trust
and no other person;].
(3) “Charity Commissioner” means the Charity Commissioner appointed under section 3 ;
9[(4) “Court” means the High Court of Judicature at Bombay;];
1 For Statement of Objects and Reasons, see Bombay Government Gazette 1949, Part V, Pages 235-39.
2 This short title was amended for the short title “Bombay Public Trusts Act, 1950” by Mah. 24 of 2012, Schedule, entry
43, w.e.f. 1-5-1960.
3 This sub-section was substituted for the original by Bom. 6 of 1960, s. 3(a).
4 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
5 These words were substituted for the words “class of public trusts” by Bom. 6 of 1960, s. 3(b).
6 These words were substituted for the words “from the provisions of this Act” by Mah. 20 of 1971, s. 2.
7 Clause (1) was deleted by Mah. 22 of 1967, s. 2.
8 Clause (2A) was inserted by Mah. 55 of 2017, s. 2(a).
9 Clause (4) was substituted by Mah. 55 of 2017, s. 2 (b)
12 The Maharashtra Public Trusts Act [1950 : XXIX
(5) “Deputy Charity Commiss ioner” means the Deputy Charity Commissioner appointed
under section 5 ;
1[(5A) “Director of Accounts” and “Assistant Director of Accounts” means respectively the
Director of Accounts and Assistant Director of Accounts appointed under section 6 of this Act;]
(6) “Hindu” includes Jain, Buddhist and Sikh ;
(7) “Inspector” means an Inspector appointed under section 6 ;
2[(7A) “instrument of trust” means the instrument by which the trust is created by the author
of the trust 3[and includes any scheme framed by a competent authority or any memorandum of
association and rules and regulatio ns of a society registered under the Soci eties Registration Act,
1860 (XXI of 1860), in its application to the State of Maharashtra;
(7B) “Joint Charity Commissioner ” means a Joint Charity Commissi oner 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 mutawalli of such wakf,
(c) in the case of a society registered under the Societies Registrat ion Act, 1860 (XXI of
1860), its governing body, 4[whether or not the property of the society is 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 instruction 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 institution ;
(10) “person having interest” 5[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 persuasion 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, ma qbara or other religious institution
connected with the wakf or participate in any religious or charitable institution under the wakf,
(d) in the case of a society registered under the Societies Registration Act, 1860 (XXI of
1860), any member of such society, and
(e) in the case of any other public trust, 6[any trustee or beneficiary],
(11) “prescribed” means prescribed by rules ;
(12) “public securities” means —
(a) Securities of the Central Government or any State Governments,
1 Clause (5A) was inserted by Mah. 20 of 1971, s. 3(1).
2 These Clauses were inserted by Bom. 6 of 1960, s. 4.
3 These words were substituted for the words “and includes a scheme framed by a competent authority” by Mah. 20 of
1971, s. 3(2).
4 These words were substituted for the words “if the property of the society is not vested in a trustee” by Mah. 20 of 1971,
s. 3(3).
5 This word was substituted for the word “means” by Bom. 28 of 1953, s. 2.
6 These words were substituted for the words “any beneficiary” by Mah. 20 of 1971, s. 3(4).
1950 : XXIX] The Maharashtra Public Trusts Act 13
(b)Stocks, debentures or shares in Railway or other companies, the interest or dividend
on which has been guaranteed by the Central or any State Government,
(c) Debentures or 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, 1[church, synagogue, agiary or
other place of public religious worship] 2[a dharmada ] or any other reli gious or charitable
endowment and a society formed either for a religious or charitable purpose or for both and
registered under the Societies Registration Act, 1860 (XXI of 1860) ;
(14) “region” or “sub -region” means the areas designated as such and for w hich a Public
Trusts Registration Office has been established under this Act ;
(15) “rules” means rules made under this Act ;
3* * * * * * *
(17) “Temple” means a place by whatever designation known and used as a 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 moveable or
immoveable property for any purpose recognised by the 4[Muslim law] as pious, religious or
charitable and includes a wakf by user 5[and grants (including mashrut-ul-khidmat) for any
purpose recognised by the Muslim law as pious, religious or charitable and a wakf-alal-aulad to
the extent to which the property is dedicated for any purpose so recognised;] but does not include
a wakf such as is described in section 3 of the Mussalman Wakf Validating Act 1913(VI of
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(II of 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.
CHAPTER II
ESTABLISHMENT
3. Charity Commissioner .— 6[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 7[throughout the State].
1 These words were deemed always to have been inserted by Mah. 20 of 1971, s. 3(5).
2 These words were inserted by Bom. 14 of 1951, s. 2.
3 Clause (16) was deleted by Bom. 39 of 1951, s. 2, First Schedule.
4 These Words were substituted for the words “Islamic law” by Mah. 20 of 1971, s. 3(6)(a).
5 These words and brackets were inserted by Mah. 20 of 1971, s. 3 (6)(b).
6 These words were substituted for the words “Each of the State Government of Bombay and Mysore” by Mah. 6 of 1960,
s. 6(a).
7 These words were substituted for the words “throughout that part of the State to which the Act Extents” by Mah. 6 of
1960, s. 6(b).
14 The Maharashtra Public Trusts Act [1950 : XXIX
1* * * * * * *
2[3A. Joint Charity Commissioners.– 3[(1)] The State Government may, by notification in the
Official Gazette, appoint one or more officers to be called Joint Charity Commissioner, who shall
subject to the control of the Charity Commissioner and such general or special orders 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.]
4[(2)The State Government may, by general or special order, declare a Joint Charity
Commissioner to be the regional head to superintend, subject to the control of the Charity
Commissioner, the administration in one or more regions or sub -regions, as may be specified in such
order.]
5[4. Qualification for appointment of Charity Commissioner 6[and Joint Charity
Commissioner].— 7[A person to be appointed as the Charity Commissioner or a Joint Char ity
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: 8*
9[Provided that a person to be appointed as a Joint Charity Commissioner may be one who is
holding or has held a judicial office not lower in rank than that of an Assistant Judge or an
Additional Chief Judge of the Court of Small Causes, Bombay 10[or who has held the office of a
Deputy Charity Commissioner for not less than five years;] or]
(b) who has been for not less than ten years -
(i) an advocate enrolled under the Indian Bar Councils Act, 1926 (XXXVIII of 1926),
11[or the Advocates Act, 1961 (25 of 1961).]
(ii) an attorney of a High Court, or
(iii) a pleader enrolled under the Bombay Pleaders Act, 1920 (Bom. XVII of 1920).]
5. Deputy and Assistant Charity Com missioner.— (1) The State Government may also
appoint such number of Deputy and Assistant Charity Commissioner 12[in the office of the Charity
Commissioner or] for such regions or sub -regions or for such public trust or such class of public trusts
as may be deemed necessary.
13[(2) A person 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 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,—
1 The proviso was omitted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
2 This section was inserted by Bom. 6 of 1960, s. 7.
3 Section 3A was renumbered as sub-section (1) of the said section 3A by Mah.29 of 1983, s. 2(1).
4 Sub-section (2) was inserted by Mah. 29 of 1983, s. 2(2).
5 This section was substituted for the original by Bom. 14 of 1951, s. 3.
6 These words were added by Mah. 6 of 1960, s. 8(b).
7 These words were substituted for the words “The Charity Commissioner shall be a person” by Bom. 6 of 1960, s. 8(a).
8 The word “or” was deleted by Mah. 32 of 1975, s. 2(a).
9 This proviso was added by Mah. 32 of 1975, s. 2(b).
10 These words were inserted by Mah. 10 of 1978, s. 2.
11 These words and figures were inserted by Mah. 20 of 1971, s. 4.
12 These words were inserted by Mah. 20 of 1971, s. 5(i).
13 These sub-sections were substituted by Bom. 6 of 1960, s. 9.
1950 : XXIX] The Maharashtra Public Trusts Act 15
(i) an advocate enrolled under the Indian Bar Councils Act, 1926 (XXXVIII of 1926),
1[or the Advocates Act, 1961 (25 of 1961).]
(ii) an attorney of a High Court, or
(iii) a pleader enrolled under the Bombay Pleaders Act, 1920 (Bom. XVII of 1920),
2[or]
3[(c) who has held the office of an Assistant Charity Commissioner for not less than five
years.]
(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) 4[for not less than one year, or]
(b) who has been for 5[not less than four years]—
(i) an advocate enrolled under the Indian Bar Councils Act, 1926 (XXXVIII if 1926),
6[or the Advocates Act, 1961 (25 of 1961).]
(ii) an attorney of a High Court, or
(iii) a Pleader enrolled under the Bombay Pleaders Act, 7[1920 (Bom. XVII 1920), or]
8[(c) who holds a degree in law of any University established by law or any other University
recognised by the State Government in this behalf and has worked in the Charity Organisation for
not less than 5 years after obtaining such degree on a post not lower in rank than Senior Clerk or
Steno-typist and has passed the competitive departmental examination to be conducted as per the
rules prescribed by the charity Commissioner.] 9[or]
10[(d) who, being a person not falling under clause (c), and who holds a degree of law of any
University established by law or any other University recognised by the State Government in this
behalf and has worked in the Charity Organisation, for not less than 3 years, after obtaining such
degree on a post of th e Superintendent or the Public Relation Officer or the Legal Assistant and
has passed the departmental examination to be conducted as per the rules prescribed by the
Charity Commissioner.]
(3) The Deputy and Assistant Charity Commissioner shall exercise such powers and perform
such duties and functions as may be provided by or under the provisions of this Act.
6. Subordinate officers. — 11[For the purpose of carrying out the provisions of this Act, the
State Government may appoint the Director of Account s and Assistant Directors of Accounts
possessing the prescribed qualifications, Inspectors and other subordinate officers] and assign to them
such powers, duties and functions under this Act, as may be deemed necessary:
12[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, 13[the Joint Charity
1 These words and figures were added by Mah. 20 of 1971 s. 5(2)(a)(i).
2 This word was added by Mah. 20 of 1971, s. 5(2)(a)(ii).
3 This clause was added by Mah. 20 of 1971, s. 5(2)(b).
4 These words were substituted for the portion beginning with the words “or any office” and ending with the words “not
less than four years, or” by Mah. 29 of 1983, s. 3(1).
5 These words were substituted for the words “not less than seven years” by Mah. 29 of 1983, s. 3(2).
6 These words and figures were inserted by Mah. 20 of 1971, s. 5(3).
7 These figures and word were substituted for the figures “1920” by Mah. 22 of 1967, s. 3.
8 Clause (c) was substituted by Mah. 55 of 2017, s. 3.
9 This word was added by Mah. 26 of 2020, s. 2(a).
10 Clause (d) was added by Mah. 26 of 2020, s. 2(b).
11 These words were substituted for the portion beginning with the words “To aid the Charity Commissioner” and ending
with the words “such designation” by Bom. 6 of 1960, s. 10(a).
12 This proviso was added by Bom. 47 of 1950, s. 2.
13 These words were inserted by Bom. 6 of 1960, s. 10(b).
16 The Maharashtra Public Trusts Act [1950 : XXIX
Commissioner] and the Deputy and Assistant Charity Commissioner powers to appoint subordinate
officers and servants as may be specified in the order.]
1[6A. Charity commissioner and other officers to be servants of State Government.— 2[The
Charity Commissioner, 3[the Joint Charity Commissioner,] the Deputy and Assistant Charity
Commissioner,] 4[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 of the State
Government and they shall draw their pay and allowances from the Consoli dated Fund of the State.
The conditions of service of such officers shall be such as may be determined by the State
Government.
6B. Cost of pay pension, etc. of charity commissioner, etc., to be paid to Government out of
the Public Trusts Administration F und.— There shall be paid every year out of the Public Trusts
Administration Fund to the State Government such cost as the State Government may determine on
account of the pay, pension, leave and other allowances of the Charity Commissioner, 5[the Joint
Charity Commissioner,] the Deputy and Assistant Charity Commissioners, 6[the Director of Accounts,
the Assistant Directors and Accounts,] the Inspectors and other subordinate officers and servants
appointed under the Act.]
7. [Assessors.] Deleted by Mah. 12 of 1967, s. 4.
8. Delegations.— (1) The State Government may delegate any of its own powers or functions
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 particular 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. Charitable purposes.— 7[1] For the purposes of this Act, a Charitable Purpose includes —
(1) relief of poverty or distress.
(2) education.
8[(3) medical relief.
(3A) provisions or facilities for recreation or other leisure time occupation (including
assistance for such provision), if the facilities are provided in the interest of social welfare and
public benefit, and]
(4) the advancement of any other object of general public utility, but does not include a
purpose which relates –
9* * * * * * *
(b) exclusively to religious teaching or worship.
1 Sections 6A and 6B were inserted by Bom. 47 of 1950, s. 3.
2 These words were substituted for the words “The Charity Commissioner” by the Bombay Charity Commissioner
(Regional Reorganisation) Order, 1960, sch.
3 These words were inserted by Bom. 6 of 1960, s. 11.
4 These words were inserted by Bom. 6 of 1960, s. 11.
5 These words were inserted by Bom. 6 of 1960, s. 11.
6 These words were inserted by Bom. 6 of 1960, s. 11.
7 Section 9 was re-numbered as sub-section (1) and sub-sections (2) and (3) were added by Mah. 20 of 1971, s. 6.
8 Clauses (3) and (3A) were substituted for clause (3) by Mah. 20 of 1971, s. 6(1).
9 Sub-clause (a) of clause (4) was deleted by Mah. 20 of 1971, s. 6(2).
1950 : XXIX] The Maharashtra Public Trusts Act 17
1[(2) The requirement of this section that the facilities are provided in the interest of social
welfare shall not be treated as satisfied, unless —
(a) the facilities are provided with the object of improving the conditions of life for the
persons for whom the facilities are primarily intended ; and
(b) either -
(i) those persons have need of such facilities as aforesaid by reason of their youth, age,
infirmity or disablement, poverty or social and economic circumstances, or
(ii) facilities are to be available to the members of the public at large.
(3) Subject to the said requirement, sub -section (1) of this section applies in particular to the
provision of facilities at Village halls, community centres and women institutes, and to the provision
and maintenance of grounds and buildings to be used for pur pose of recreation and leisure time
occupation, and extends to the provision of facilities for those purpose by the organizing of any such
activity.]
10. Public trust not to be v oid on ground of uncertainty.— Notwithstanding any law, custom
or usage, a public trust shall not be void, only on the ground that the persons or objects 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 un-ascertainable.
11. Public trust not void on ground that it is void for non -charitable or non -religious
purpose.— 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. Public trust not void on ground of absence of oblig ation.— 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 re quiring the person in whose favour it is made to
hold it for the benefit of a religious or charitable object.
13. Public trust not void on failure of specific object or society etc., ceasing to exist.— If any
public trust is created for a specific object of a charitable or religious nature or for the benefit of a
society or institution constituted for charitable or religious purpose, such trust shall not be deemed to
be void only on the ground —
(a) that the performance of the specific object 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 appro priation of the trust property for a general charitable or
religious purpose.
CHAPTER IV
REGISTRATION OF PUBLIC TRUSTS
14. Regions and sub-regions.— (1) For the purpose of this Act, the State Government may form
regions and sub-regions and may prescribe and alter limits of such regions and sub-regions.
(2) The regions and sub -regions formed under this section, together with the limits thereof and
every alteration of such limits shall be a notified in the Official Gazette.
15. Public Trusts Registration Offices.— In every region or sub -region there shall be a Public
Trusts Registration Office :
1 Section 9 was re-numbered as sub-section (1) and sub-section (2) and (3) were added by Mah. 20 of 1971, s. 6.
18 The Maharashtra Public Trusts Act [1950 : XXIX
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 one or more Joint Public Trusts
Registration Offices.
1[15A. Power to set up offices in district.— To facilitate the administrative work of the regions
and sub-regions, the State Government may set up offices in all the districts under any region or sub -
region.]
16. Deputy or Assistant Charity Commissioner to be incharge of public Trusts Registration
Office.— 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. Books, indices and registers. — In every Public Trusts Registration O ffice or J oint Public
Trusts Registration O ffice, 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 other registers shall contain such particulars as may also be prescribed.
18. Registration of public trusts. — (1) It shall beExcerpt shown. Open the full act in Lexace.