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Bar News Acts League

The Gujarat Public Trusts Act, 1950

Act ID: 1950

The Gujarat Public Trusts Act, 1950

"An Act to regulate and to make better provision for the administration of public religious and charitable trusts in the State of Gujarat."

Table of Contents

164 Sections

Ch. IP

reliminary

S.1Short title, extent, operation and application S.2Definitions S.2B[ Construction of certain references in the Act in their application to that part of Gujarat to which the Act extends. [Section 2B was inserted by the Gujarat Adaptation of Laws (State & Concurrent Subjects) Order, 1960.]S.89Provision S.90Provision S.91Provision S.92Provision S.93Provision S.94Provision S.95Provision S.96Provision S.97Provision S.98Provision S.99Provision S.100Provision S.101Provision S.102Provision S.103Provision S.104Provision S.105Provision S.106Provision S.107Provision S.108Provision S.109Provision S.110Provision S.111Provision S.112Provision S.113Provision S.114Provision S.115Provision S.116Provision S.117Provision S.118Provision S.119Provision S.120Provision S.121Provision S.122Provision S.123Provision S.124Provision S.125Provision S.126Provision

Ch. IIE

stablishment

S.3Charity Commissioner S.3A[ Joint Charity Commissioners. [This section was inserted by Bombay 6 of 1960, Section 7.]S.5Deputy and Assistant Charity Commissioners S.6Subordinate Officers S.6A[ Charity Commissioner and other officers to be servants of State Government. [Section 6A and 6B inserted by Bombay 47 of 1950, Section 3.]S.6BCost of pay, pension, etc. of Charity Commissioner, etc, to be paid to Government out of the Public Trusts Administration Fund S.7Assessors S.8Delegations

Ch. IIICh

aritable Purposes and Validity of Certain Public Trusts

S.9Charitable Purposes S.10Public trust not to be void on ground of uncertainty S.11Public trust not void on ground that it is void for non-charitable or nonreligious purpose S.12Public trust not void on ground of absence of obligation S.13Public trust not void on failure of specific object or society, etc. ceasing to exist

Ch. IVR

egistration of Public Trusts

S.14Regions and sub-regions S.15Public Trusts Registration Office S.16Deputy or Assistant Charity Commissioner to be in charge of Public Trusts Registration Office S.17Books, Indices and Registers S.18Registration of Public Trusts S.19Inquiry for Registration S.20Findings of Deputy or Assistant Charity Commissioners S.21Entries in register S.22Change S.22A[ Further inquiry by Deputy or Assistant Charity Commissioner. [This section was inserted by Bombay 59 of 1954, Section 2.]S.22B[ Registration of trust property in the name of public trust, which has already been registered, etc. [Sections 22B and 22C were inserted by Bombay 23 of 1955, Section 3.]S.22CRegistration of particulars of immovable property of trusts already registered with certain officers and authorities S.23Procedure where trust property is situate in several regions or sub-regions S.24Stay of inquiry S.25Inquiry regarding public trust not to be held by more than one Deputy or Assistant Charity Commissioner S.26Court to forward copy of decision to Charity Commissioner S.27[Stamping of scripts]S.28Public Trust previously registered under enactments specified in Schedule S.28A[ Copy of entries relating to immoveable property to be sent to sub-registrar, revenue and local authorities. [Sections 28A and 28B were inserted by Bombay 23 of 1955, Section 4.]S.28B[Duty of certain officers and authorities to maintain registers of trust property.]S.29Public trusts created by will S.30Notice of particulars of immovable property [***] [The words 'and scripts' were deleted by Act No. 39 of 1951.] entered in register S.31Bar to hear or decide suits

Ch. VA

ccounts and Audit

S.32Maintenance of accounts S.33Balancing and auditing of accounts S.34Auditor's duty to prepare balance sheet and to report irregularities, etc S.35Investment of public trust money S.36[(1) [Notwithstanding anything contained in the instrument of trust] [Section 36 was renumbered as sub-section (1) of that section by Gujarat 31 of 1963, Section 2.]

Ch. VICo

ntrol

S.37Power of inspection and supervision S.38Explanation of report of auditor S.39[ Report to Charity Commissioner. [Section 39 was substituted, by Gujarat 31 of 1962, Section 3.]S.40Decision of Charity Commissioner on report under section 39 S.41Order of surcharge S.41A[ Power of Charity Commissioner to issue directions to trustees and other persons. [Section 41-A was inserted by Gujarat 31 of 1962, Section 5.]

Ch. VIIO

ther Functions and Powers of Charity Commissioner

S.42Charity Commissioner to be corporation sole S.43Charity Commissioner to be Treasurer of Charitable Endowments under Act VI of 1890 S.44Charity Commissioner can act Trustee of Public trusts S.45Charity Commissioner may with the consent be appointed trustee of settlement by grantor S.46Appointment of Charity Commissioner as trustee under will S.47Power of Court to appoint new trustee or trustees, as the case may be S.47A[ Power to Court to vest in new trustee. [Section 47A was inserted by Bombay 28 of 1953, Section 8.]S.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. [Section 47B was inserted by Bombay 59 of 1954, Section 4.]S.48Levy of administrative charge S.49Transfer of property by Charity Commissioner S.50Suits relating to public trusts S.50A[ Power of Charity Commissioner to frame, amalgamate or modify schemes. [This section was inserted by Bombay 6 of 1960, Section 27.]S.51Consent of Charity Commissioner for institution of suit S.52Non-application of sections 92 and 93 of Civil Procedure Code to public trusts S.52A[ Suit against assignee for valuable consideration not barred by time. [This section was inserted by Bombay 23. of 1935, Section 7.]S.53Bequest under will for benefit of public trust S.54Dharmada S.55Cy pres S.56Court's power to hear application S.56A[ Powers of trustee to apply for directions. [Sections 56A and 56B were inserted by Bombay 28. of 1953, Section 13.]S.56BProceedings involving question affecting public charitable or religious purpose S.56CProvisions of Chapter VII-A to apply to certain endowments S.56DVesting, or transfer of management of certain endowments S.56ECommittees of management S.56FTerms of office of Members of Committee S.56GDisqualification of membership S.56HPower of Government to appoint new member S.56IChairman and Treasurer of Committee S.56JMeeting of and procedure for Committee S.56KPower of committee to appoint Sub-Committees S.56LSecretary and other officers of committee S.56MTerms and Conditions of service of Secretary and other servant S.56NGeneral duties of the committees S.56PPower of State Government to issue directions S.56QPower of Charity Commissioner to require duties of committee to be performed and to direct expenses in respect thereof to be paid from fund of committee, etc S.56RPower to supersede a committee S.56SPower to make regulations S.56TNon-application of certain provisions of this Act to endowments

Ch. VIIIP

ublic Trusts Administration Fund

S.57Public Trust Administration Fund S.58Contributions by public trusts to Public Trusts Administration Fund S.59Penalties as recovery of Contribution S.60Application of Public Trusts Administration Fund S.61State Government to direct crediting of funds constituted under Act in Schedule to Public Trusts Administration Fund constituted under this Chapter

Ch. IXA

ssessors

S.62List of Assessors S.63Person summoned to attend at the time and place specified S.64Cases in which assessors shall be summoned S.65Number of assessors to be called

Ch. XO

ffences and Penalties

S.66Penalty S.67Other offences

Ch. XIF

unctions of Charity Commissioner, Procedure, Jurisdiction and Appeals

S.68Duties, functions and powers of Deputy or Assistant Charity Commissioner for which the purposes of this Act, the following shall be the duties and functions to be performed and powers to be exercised by the Deputy or Assistant Charity Commissioner for the region or sub-region for which he is appointed namely S.69Duties, functions and powers of Charity Commissioner S.70Appeals from findings of Deputy or Assistant Charity Commissioner S.70A[ Charity Commissioner to call for and examine record and proceedings before Deputy or Assistant Charity Commissioner. [Section 70A was inserted, by Bombay 59 of 1954, Section 8.]S.71Appeal to the [Bombay Revenue Tribunal] [See section 2B of this Act.]S.72Application from Charity Commissioner's decision under section 40, [41, 50A, 70 or 70A] [These figures, letters were inserted by Bombay 6 of 1960, Section 37(a).]S.73Officers holding inquiries to have powers of the Civil Court S.74Inquiries to be judicial inquiries S.75Limitation S.76Civil Procedure Code to apply to proceedings [before Court] [These words were inserted by Bombay 6 of 1960, Section 38.] under this Act S.77Recovery of sums due under sections 18, [20, 41] [These figures and letters were substituted for the figures, letters and word '41, 48, 79A or 79A' by Bombay 21 of 1954, Section 3, Second Schedule.], 48, 79A, 79C, 79CC] or Rules

Ch. XIIMis

cellaneous

S.4The Madhya Pradesh Public Trusts Act, 1951 (M.P. Act XXX of 1951).]S.78Charity Commissioner and other officers and assessors to be public servants S.79Decision of property as Public trust property S.79A[ Recovery of costs and expenses incurred on legal proceedings by Charity Commissioner, etc. [Section 79A to 79D were inserted by Bombay 14 of 1951, Section 22.]S.79BCosts of proceedings before Courts including High Court S.79CCosts of proceedings before Charity Commissioner, etc S.79DCourt fee to be paid as prescribed by Schedule `B"S.80Bar of Jurisdiction S.81Indemnity from suits and proceedings S.82Trial of offences under this Act S.83Previous sanction of Charity Commissioner necessary for prosecution S.84Rules S.85Repeal S.86[ Further repeals and savings consequent on commencement of Bombay XXIX of 1950 in other areas of State. [These section were added by Bombay 28 of 1953, Section 3(2).]S.87Act not to apply to certain wakfs to which Act XXIX of 1954 applies or to Gurudwara governed by Hyderabad Act, XXXVII of 1956 S.88Provisions of removal of difficulties