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Maharashtra Public Trusts Act.
Act ID: 1950
Maharashtra Public Trusts Act.
"Full text of Maharashtra Public Trusts Act."
Table of Contents
144 Sections
Ch.
Sections
S.1
Short title, extent, operation and application
S.2
Definitions
S.2A
Deleted
S.3
Charity Commissioner
S.3A
Joint Charity Commissioners
S.4
Qualifications for appointment of Charity Commissioner and Joint Charity Commissioner
S.5
Deputy and Assistant Charity Commissioners
S.6
Subordinate officers
S.6A
Charity Commissioner and other officers to be servants of State Government
S.6B
Cost of pay, pension, etc. of Charity Commissioner, etc., to be paid to Government out of the Public Trusts Administration Fund
S.7
Deleted
S.8
Delegations
S.9
Charitable purposes
S.10
Public trust not be void on ground of uncertainty
S.11
Public trust not void on ground that it is void for non-charitable or non- religious purpose
S.12
Public trust not void on ground of absence of obligation
S.13
Public trust not void on failure of specific object or society, etc. ceasing to exist
S.14
Regions and sub-regions
S.15
Public Trusts Registration Offices
S.15A
Power to set up offices in district
S.16
Deputy or Assistant Charity Commissioner to be in charge of Public Trusts Registration Office
S.17
Books, indices and registers
S.18
Registration of public trusts
S.19
Inquiry for registration
S.20
Findings of Deputy or Assistant Charity Commissioners
S.21
Entries in register
S.22
Change
S.22A
Further inquiry by Deputy or Assistant Charity Commissioner
S.22B
Registration of trust property in the name of public trust, which has already been registered, etc
S.22C
Registration of particulars of immoveable property of trusts already registered with certain officers and authorities
S.23
Procedure where trust property is situate in several regions or sub-regions
S.24
Stay of inquiry
S.25
Inquiry regarding public trust not to be held by more than one Deputy or Assistant Charity Commissioner
S.26
Entries in register to be made or amended in certain cases
S.27
Repealed
S.28
Public trust previously registered under enactments specified in Schedule
S.28A
Copy of entries relating to property to be sent to sub-registrar
S.28B
Deleted
S.29
Public trust created by will
S.30
Notice of particulars of immovable property entered in register
S.31
Bar to hear or decide suits
S.31A
Trustees of certain trusts to submit budget to Charity Commissioner
S.32
Maintenance of accounts
S.33
Balancing and auditing of accounts
S.34
Auditor’s duty to prepare balance sheet and to report irregularities, etc
S.35
Investment of public trust money
S.36
Alienation of immovable property of public trust
S.36A
Powers and duties of, and restrictions on trustees
S.36B
Register of moveable and immoveable properties
S.37
Power of inspection and supervision
S.38
Explanation on reports of auditor or on complaint
S.39
Report to Charity Commissioner
S.40
Power of Charity Commissioner to issue orders on report received under section 39 or to remand matter, etc
S.41
Order of surcharge
S.41A
Power of Commissioner to issue direction for proper administration of the trust
S.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
S.41B
Power to institute inquiries
S.41C
Persons (other than public trust) collecting money, subscription or donation, etc
S.41D
Suspension, removal and dismissal of trustees
S.41E
Power to act for protection of charities
S.41F
Attachment of property in certain cases
S.42
Charity Commissioner to be corporation sole
S.43
Maharashtra Charity Commissioner to be Treasurer of Charitable Endowments under Act 6 of 1890
S.44
Deleted by Mah. 20 of 1971, s. 31
S.45
Deleted by Mah. 20 of 1971, s. 31
S.46
Deleted by Mah. 20 of 1971, s. 31
S.47
Power of Charity Commissioner to appoint, suspend, remove or discharge trustees and to vest property in new trustees
S.47A
Deleted by Mah. 20 of 1971, s. 33
S.47AA
Deleted by Mah. 20 of 1971, s. 33
S.47B
Deleted by Mah. 20 of 1971, s. 33
S.48
Deleted by Mah. 20 of 1971, s. 33
S.49
Deleted by Mah. 20 of 1971, s. 33
S.50
Suit by or against or relating to public trusts or others
S.50A
Power of Charity Commissioner to frame, amalgamate or modify schemes
S.51
Consent of Charity Commissioner for institution of suit
S.52
Non-application of section 92 and 93 of Civil Procedure Code to public trusts
S.52A
Suit against assignee for valuable consideration not barred by time
S.53
Bequest under will for benefit of public trust
S.54
Dharmada
S.55
Cypres
S.56
Deleted by Mah. 55 of 2017, s. 17
S.56A
Deleted by Mah. 55 of 2017, s. 18
S.56B
Proceedings involving question affecting public charitable or religious purpose
S.56C
Provisions of Chapter VII-A to apply to certain endowments
S.56D
Vesting or transfer of management, of certain endowments
S.56E
Committees of Management
S.56F
Term of office of members of committee
S.56G
Disqualification of membership
S.56H
Power of Government to appoint new member
S.56I
Chairman and treasurer of committee
S.56J
Meeting of and procedure for committee
S.56K
Power of Committee to appoint sub-committees
S.56L
Secretary and other officers of committee
S.56M
Terms and conditions of service of Secretary and other servants
S.56N
General duties of committee
S.56O
Act of Committees not invalid by reason of vacancy or defect
S.56P
Power of State Government to issue directions
S.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
S.56QQ
Management Fund
S.56R
Power to supersede a committee
S.56RR
Power of removal of members of committee and appointment of Administrator temporarily
S.56S
Power to make regulations
S.56T
Non-application of certain provision of this Act to endowments
S.57
Public Trusts Administration Fund
S.58
Contribution by public trusts to Public Trusts Administration Fund
S.59
Penalties as recovery of contribution
S.60
Application of Public Trusts Administration Fund
S.61
State Government to direct crediting of funds constituted under any Act in Schedule to Public Trusts Administration Fund constituted under this chapter
S.66
Penalty
S.66A
Punishment for contravention of provision of section 36
S.66B
Punishment for contravention of provision of section 41AA
S.66C
Punishment for contravention of section 41C
S.67
Other offences
S.67A
Compounding of offence
S.68
Duties, functions and powers of Deputy or Assistant Charity Commissioner
S.69
Duties, functions and powers of Charity Commissioner
S.70
Appeals 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
S.71
Deleted by Mah. 55 of 2017, s. 23
S.72
Deleted by Mah. 55 of 2017, s. 24
S.73
Officers holding inquiries to have powers of civil court
S.73A
Power of Inquiry Officers to join persons as party to proceedings
S.74
Inquiries to be judicial inquiries
S.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
S.75
Limitation
S.76
Civil Procedure Code to apply to proceedings before Court under this Act
S.77
Recovery of sums due under the Act and rules
S.78
Charity Commissioner and other officers to be public servants
S.79
Decision of property as public trust property
S.79A
Recovery of costs and expenses incurred on legal proceedings by Charity Commissioner, etc
S.79AA
Power to finalise reconstructed record
S.79B
Costs of proceedings before Courts including High Court
S.79C
Costs of proceedings before Charity Commissioner, etc
S.79CC
Compensatory costs for frivolous or vexatious proceedings before Charity Commissioner, etc
S.79D
Court-fee to be paid as prescribed by Schedule B
S.80
Bar of jurisdiction
S.81
Indemnity from suits and proceedings
S.82
Trial of offences under this Act
S.83
Previous sanction of Charity Commissioner necessary for prosecution
S.84
Rules
S.85
Repeal
S.86
Further repeals and savings consequent on commencement of Bom. XXIX of 1950 in other areas of State
S.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
S.88
Provision for removal of difficulties
Maharashtra Public Trusts Act.
Act ID: 1950
Maharashtra Public Trusts Act.
"Full text of Maharashtra Public Trusts Act."
Table of Contents
144 Sections
Ch.
Sections
S.1
Short title, extent, operation and application
S.2
Definitions
S.2A
Deleted
S.3
Charity Commissioner
S.3A
Joint Charity Commissioners
S.4
Qualifications for appointment of Charity Commissioner and Joint Charity Commissioner
S.5
Deputy and Assistant Charity Commissioners
S.6
Subordinate officers
S.6A
Charity Commissioner and other officers to be servants of State Government
S.6B
Cost of pay, pension, etc. of Charity Commissioner, etc., to be paid to Government out of the Public Trusts Administration Fund
S.7
Deleted
S.8
Delegations
S.9
Charitable purposes
S.10
Public trust not be void on ground of uncertainty
S.11
Public trust not void on ground that it is void for non-charitable or non- religious purpose
S.12
Public trust not void on ground of absence of obligation
S.13
Public trust not void on failure of specific object or society, etc. ceasing to exist
S.14
Regions and sub-regions
S.15
Public Trusts Registration Offices
S.15A
Power to set up offices in district
S.16
Deputy or Assistant Charity Commissioner to be in charge of Public Trusts Registration Office
S.17
Books, indices and registers
S.18
Registration of public trusts
S.19
Inquiry for registration
S.20
Findings of Deputy or Assistant Charity Commissioners
S.21
Entries in register
S.22
Change
S.22A
Further inquiry by Deputy or Assistant Charity Commissioner
S.22B
Registration of trust property in the name of public trust, which has already been registered, etc
S.22C
Registration of particulars of immoveable property of trusts already registered with certain officers and authorities
S.23
Procedure where trust property is situate in several regions or sub-regions
S.24
Stay of inquiry
S.25
Inquiry regarding public trust not to be held by more than one Deputy or Assistant Charity Commissioner
S.26
Entries in register to be made or amended in certain cases
S.27
Repealed
S.28
Public trust previously registered under enactments specified in Schedule
S.28A
Copy of entries relating to property to be sent to sub-registrar
S.28B
Deleted
S.29
Public trust created by will
S.30
Notice of particulars of immovable property entered in register
S.31
Bar to hear or decide suits
S.31A
Trustees of certain trusts to submit budget to Charity Commissioner
S.32
Maintenance of accounts
S.33
Balancing and auditing of accounts
S.34
Auditor’s duty to prepare balance sheet and to report irregularities, etc
S.35
Investment of public trust money
S.36
Alienation of immovable property of public trust
S.36A
Powers and duties of, and restrictions on trustees
S.36B
Register of moveable and immoveable properties
S.37
Power of inspection and supervision
S.38
Explanation on reports of auditor or on complaint
S.39
Report to Charity Commissioner
S.40
Power of Charity Commissioner to issue orders on report received under section 39 or to remand matter, etc
S.41
Order of surcharge
S.41A
Power of Commissioner to issue direction for proper administration of the trust
S.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
S.41B
Power to institute inquiries
S.41C
Persons (other than public trust) collecting money, subscription or donation, etc
S.41D
Suspension, removal and dismissal of trustees
S.41E
Power to act for protection of charities
S.41F
Attachment of property in certain cases
S.42
Charity Commissioner to be corporation sole
S.43
Maharashtra Charity Commissioner to be Treasurer of Charitable Endowments under Act 6 of 1890
S.44
Deleted by Mah. 20 of 1971, s. 31
S.45
Deleted by Mah. 20 of 1971, s. 31
S.46
Deleted by Mah. 20 of 1971, s. 31
S.47
Power of Charity Commissioner to appoint, suspend, remove or discharge trustees and to vest property in new trustees
S.47A
Deleted by Mah. 20 of 1971, s. 33
S.47AA
Deleted by Mah. 20 of 1971, s. 33
S.47B
Deleted by Mah. 20 of 1971, s. 33
S.48
Deleted by Mah. 20 of 1971, s. 33
S.49
Deleted by Mah. 20 of 1971, s. 33
S.50
Suit by or against or relating to public trusts or others
S.50A
Power of Charity Commissioner to frame, amalgamate or modify schemes
S.51
Consent of Charity Commissioner for institution of suit
S.52
Non-application of section 92 and 93 of Civil Procedure Code to public trusts
S.52A
Suit against assignee for valuable consideration not barred by time
S.53
Bequest under will for benefit of public trust
S.54
Dharmada
S.55
Cypres
S.56
Deleted by Mah. 55 of 2017, s. 17
S.56A
Deleted by Mah. 55 of 2017, s. 18
S.56B
Proceedings involving question affecting public charitable or religious purpose
S.56C
Provisions of Chapter VII-A to apply to certain endowments
S.56D
Vesting or transfer of management, of certain endowments
S.56E
Committees of Management
S.56F
Term of office of members of committee
S.56G
Disqualification of membership
S.56H
Power of Government to appoint new member
S.56I
Chairman and treasurer of committee
S.56J
Meeting of and procedure for committee
S.56K
Power of Committee to appoint sub-committees
S.56L
Secretary and other officers of committee
S.56M
Terms and conditions of service of Secretary and other servants
S.56N
General duties of committee
S.56O
Act of Committees not invalid by reason of vacancy or defect
S.56P
Power of State Government to issue directions
S.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
S.56QQ
Management Fund
S.56R
Power to supersede a committee
S.56RR
Power of removal of members of committee and appointment of Administrator temporarily
S.56S
Power to make regulations
S.56T
Non-application of certain provision of this Act to endowments
S.57
Public Trusts Administration Fund
S.58
Contribution by public trusts to Public Trusts Administration Fund
S.59
Penalties as recovery of contribution
S.60
Application of Public Trusts Administration Fund
S.61
State Government to direct crediting of funds constituted under any Act in Schedule to Public Trusts Administration Fund constituted under this chapter
S.66
Penalty
S.66A
Punishment for contravention of provision of section 36
S.66B
Punishment for contravention of provision of section 41AA
S.66C
Punishment for contravention of section 41C
S.67
Other offences
S.67A
Compounding of offence
S.68
Duties, functions and powers of Deputy or Assistant Charity Commissioner
S.69
Duties, functions and powers of Charity Commissioner
S.70
Appeals 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
S.71
Deleted by Mah. 55 of 2017, s. 23
S.72
Deleted by Mah. 55 of 2017, s. 24
S.73
Officers holding inquiries to have powers of civil court
S.73A
Power of Inquiry Officers to join persons as party to proceedings
S.74
Inquiries to be judicial inquiries
S.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
S.75
Limitation
S.76
Civil Procedure Code to apply to proceedings before Court under this Act
S.77
Recovery of sums due under the Act and rules
S.78
Charity Commissioner and other officers to be public servants
S.79
Decision of property as public trust property
S.79A
Recovery of costs and expenses incurred on legal proceedings by Charity Commissioner, etc
S.79AA
Power to finalise reconstructed record
S.79B
Costs of proceedings before Courts including High Court
S.79C
Costs of proceedings before Charity Commissioner, etc
S.79CC
Compensatory costs for frivolous or vexatious proceedings before Charity Commissioner, etc
S.79D
Court-fee to be paid as prescribed by Schedule B
S.80
Bar of jurisdiction
S.81
Indemnity from suits and proceedings
S.82
Trial of offences under this Act
S.83
Previous sanction of Charity Commissioner necessary for prosecution
S.84
Rules
S.85
Repeal
S.86
Further repeals and savings consequent on commencement of Bom. XXIX of 1950 in other areas of State
S.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
S.88
Provision for removal of difficulties