Bombay Act No. XXIX of 1950

The 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
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 [Repealed.]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.
3 of 53
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.
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.
5 of 53
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.

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.
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BOMBAY ACT NO. XXIX OF 19501.
[THE BOMBAY PUBLIC TRUSTS ACT, 1950.]

[14th August, 1950.]
Amended by Bom. 47 of 1950.

Adapted and modified by the Bombay Public Trusts (Corporations) Order, 1959.
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.
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. Short title, extent,
operation and
application.
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 notification

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 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. In this Act, unless there is anything repugnant in the subject or context:- Definitions.
(1) "assessor" means person appointed as an assessor under section 7;
(2) "Assistant Charity Commissioner" means an Assistant Charity Com-

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 competent
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

XXI of 1860.
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 other 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;
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(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
XXI of 1860.
formed either for a religious 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
VI of 1913.
does not include a wakf such as is described in section 3 of the Mussalman
Wakf Validating 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;
II of 1882. (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 Construction of
certain references in
extends any reference therein by whatever form of words- the Act in their
application to that
part of Gujarat to
(1) to the State or the State Government or the High Court shall be construed which the Act
as a reference to the State, the Government or the High Court of Gujarat, extends.
(2) to the Bombay Revenue Tribunal shall be construed as a reference to the

XXI of 1958.
Gujarat Revenue Tribunal constituted under the Bombay Revenue Tribunal
Act, 1957.]
CHAPTER II.
ESTABLISHMENT.
Charity
Commissioner. 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 commencement of the Bombay Charity
Commissioner (Regional Reorganisation) Order, 1960, made under the Bombay Bom. XXI of 1960.
Statutory Corporations (Regional Reorganisation) Act, 1960, the State Government

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 Commissioners 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.]
Joint Charity 13
Commissioners.
[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
Qualifications for [4. 15[A person to be appointed as the Charity Commissioner or a joint Charity
appointment of Commissioner shall be one-]
Charity
Commissioner
16
[and Joint Charity
Commissoner.]
(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, XXVIII of 1926.
(ii) an attorney of High Court, or

Bom. XVII of 1920.
(iii) a pleader enrolled under the Bombay Pleaders Act, 1920.]
Deputy and 5. (1) The State Government may also appoint such number of Deputy and
Assistant Charity Assistant Charity Commissioners for such regions or sub-regions or for such
Commissioners.
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, XXXVIII of 1926.
1926,
11 of 53
(ii) an attorney of a High Court, or
Bom. XVII of 1920.

(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,-
XXXVIII of 1926. (i) an advocate enrolled under the Indian Bar Councils Act,
1929,
(ii) an attorney of a High Court, or

Bom. XVII of 1920.
(iii) a pleader enrolled under the Bombay Pleaders Act, 1920.]
(3) The Deputy and Assistant Charity 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 Subordinate
Officers.
may appoint the Director of Accounts 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:
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 Charity
Commissioner and
Deputy and Assistant Charity Commissioner, 24[the Director of Accounts, the other officers to be
Assistant Directors of Accounts,] the Inspectors and other subordinate] officers and servants of State
Government.
servants appointed under this Act shall be the servants of the State Government 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.
Cost of pay,
6B. There shall be paid every year out of the Public Trusts Administration Fund to pension, etc., of
the State Government such cost as the State Government may determine on account Charity
Commissioner etc.,
of the pay, pension, leave and other allowances of the Charity Commissioner, 25[the to be paid to
Joint Charity Commissioner], the Deputy and Assistant Charity Commissioners, Government out of
26 the public Trusts
[the Director of Accounts, the Assistant Directors of Accounts,] the Inspectors and Administration
other subordinate officers and servants appointed under this Act.] Fund.
7. (1) The assessors shall be appointed in the manner provided in Chapter IX for Assessors.
any region or sub-region or with respect to any particular public trust or class
of public trusts or in connection 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
Delegations.
8. (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.
Charitable 9. For the purposes of this Act, a charitable purpose includes-

purposes.
(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.
Public trust not to 10. Notwithstanding any law, custom or usage, a public trust shall not be void, only
be void on ground on the ground that the persons or objects for the benefit of whom or which it is
of uncertainty.
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.
Public trust not void
on ground that it is 11. A public trust created for purposes some of which are charitable or religious and
void for non-
charitable or non-
some are not shall not be deemed to be void in respect to the charitable or religious
religious purpose. purpose, only on the ground that it is void with respect to the non-charitable or non-
religious purpose.
Public trust not void 12. Any disposition of property for a religious or charitable purpose shall not be
on ground of deemed to be void as a public trust, only on the ground that no obligation is annexed
absence of
obligation. with such disposition requiring the person in whose favour it is made to hold it for the
benefit of a religious or charitable object.
Public trust not void

13. If any public trust is created for a specific object of a charitable or: religious
on failure of nature or for the benefit of a society or institution constituted for a charitable or
specific object or
society, etc., religious purpose, such trust shall not be deemed to be void only on the ground-
ceasing to exist.
(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 appropriation of the
trust property for a general charitable or religious purpose.
CHAPTER IV.
REGISTRATION OF PUBLIC TRUSTS.
Regions and sub- 14. (1) For the purposes of this Act, the State Government may form regions and
regions.
sub-regions and may prescribe and alter limits of such regions and sub-
regions.
13 of 53
(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: Public Trust
Registration
Offices.
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.
16. The State Government may appoint a Deputy Charity Commissioner or Assistant Deputy or Assistant
Charity
Charity Commissioner to be in charge of one or more Public Trusts Registration Commissioner to be
Offices or Joint Public Trusts Registration Offices. in charge of Public
Trusts Registration
Office.
17. In every Public Trusts Registration Office or Joint Public Trusts Registration Books, indices and
registers.
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 Registration of
public trurts.
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 date 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
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 verified
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 XVI of 1908.
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.]
Inquiry for
19. On the receipt of an application under section 18, or upon an application made by
registration. 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 such
trust, and
(viii) any other particulars as may be prescribed under sub-section (5) of

section 18.
Findings of Deputy 20. On completion of the inquiry provided for under section 19, the Deputy or
or Assistant Charity
Commissioners. 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].
Entries in Register. 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
15 of 53
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 final and
conclusive.
22. (1) Where any change occurs in any of the entries recorded in the register Change.
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 administration 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) relating 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 necessary
under sub-section (2), or merely after holding 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 that 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 finding, 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 Further Inquiry by
it appears to the Deputy or Assistant Charity Commissioner that any particular Deputy or Assistant
Charity
relating to any public trust, which was not the subject-matter of the inquiry under Commissioner.
section 19, or sub-section (3) of section 22, as the case may be, has remained to be
enquired into, the Deputy or Assistant Charity Commissioner, 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 decision arrived at or if appeals or
applications are made as provided by this Act, 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
making of entries in the register under this section.]
Registration of trust [22B. (1) In the case of a public trust —

38
property in the
name of public trust
which has already (a) which is deemed to have been registered under this Act or under
been registered, etc.
section 28, or
(b) which has been registered under this Act before the date of the Bom. 23 of 1965.
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 application 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.
39
Registration of 22C. [(1)] In the case of a public trust,-
particulars of im-
movable property
of trusts already (a) which is deemed to have been registered under this Act under
registered with 40
certain officers and
[section 28, read with Schedule A], or
authorities.
(b) which has been registered under this Act before the coming into
force of the Bombay Public Trusts (Amendment) Act, 1955 Bom. 23 of 1965.
(hereinafter referred to as the said date) on an application made 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 prescribed form containing the
particulars, including 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].
17 of 53
Such memorandum 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 Schedule AA, the provisions of sub-section (/) shall
apply with the modification that the said date shall refer to the date of the
Bom. VI of 1960.
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 Procedure where
than one region or sub-region, the Deputy or Assistant Charity Commissioner of the trust property is
situate in several
region or sub-region within the limits of which the public trust is registered, shall regions or sub-
forward a copy of the entries to the Deputy or Assistant Charity Commissioner in regions.
charge of the region or sub-region within the limits of which such part of the trust
property is situate. The Deputy or Assistant Charity Commissioner in charge of such
XVI of 1908. 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 Sub-Registrar appointed under the
Indian Registration 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 Stay of inquiry.
in any other region or sub-region.
25. (1) If an inquiry under section 19 or 22 in regard to any public trust is Inquiry regarding
public trust not to
pending before more than one Charity Commissioner whether Deputy or be held by more
Assistant, the Charity Commissioner shall, on the application of any of the than one Deputy or
Assistant Charity
persons having interest in such public trust or of any Deputy or Assistant Commissioner.
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 regard 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 Court to forward
copy of decision to
trust which by or under the provisions of this Act is not expressly or impliedly barred Charity
from deciding shall cause copy of such decision to be sent to the Charity Commissioner.
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 enactments Public trust
previously
specified in 43[Schedule A], 44[and Schedule AA] shall be deemed to have registered under
been registered under this Act from the date on which this Act may be applied enactments
specified in
to them. The Deputy or Assistant Charity Commissioner of the region or sub- Schedule.
region within the limits of which 45[a public trust had been registered under
any of the said enactments] shall issue notice to the trustee of such trust for
the purpose of recording entries relating to such trust in the register kept
under section 17 and shall after hearing the trustee and making such inquiry
as he thinks fit record findings with the reasons therefor. Such findings shall
be in accordance with the entries in the registers already made under the said
enactments subject to such changes as may be necessary or expedient.
(2) Any person aggrieved by any of the findings recorded under sub-section
(1) may appeal to the Charity Commissioner.
(3) The provisions of this Chapter shall, so far as may be, apply to the making
of entries in the register kept under section 17 and the entries so made shall be
final and conclusive.
46
Copy of entries [28A. The Deputy or Assistant Charity Commissioner shall send a memorandum in
relating to
immovable property the prescribed form containing entries including the entry of the name and described
to be sent to sub- of the public trust, relating to immovable property of such public trust made by him
registrar, revenue
and local in the register kept under section 17—
authorities.
(i) to the sub-registrar of the sub-district appointed under the Indian Re- XVI of 1908.
gistration Act, 1908, in which such immovable property is situate.
47
[ * * * * * * *]
47
[ * * * * * * *]
28B. [ Duty of certain officers and authorities to maintain registers of trust property.]
Deleted by Bom. 6 of 1960, s. 17.
Public trust by will. 29. In the case of the public trust which is created by a will, the executor of such will
shall within one month from the date on which the probate of the will is granted or
within six months from the date of the testator's death 48[whichever is earlier] make
an application for the registration in the manner provided in section 18 and the
provisions of this Chapter shall mutatis mutandis apply to the registration of such
trust:
49
[Provided that the period prescribed herein for making an application for
registration may, for sufficient cause, be extended by the Deputy or Assistant Charity
Commissioner concerned.]
Notice of 30. Any person acquiring any immovable property 50**belonging to a public trust
particulars of
immovable property which has been registered under this Chapter or any part of or any share or interest in
51
** entered in such property 50** of such trust shall be deemed to have notice of the relevant
register.
particulars relating to such trust entered in the register, 52[or in the registers
maintained under section 28B.]
53
[Explanation.-For the purposes of this section, a person shall be deemed to
have notice of any particulars in the registers,-
(1) when be actually knows the said particulars or when, but for wilful
abstention from any inquiry or search which he ought to have made, or gross
negligence, he would have known them;
(2) If his agent acquires notice thereof whilst acting on his behalf in the
course of business to which the fact of such particulars is material.]
Bar to hear or 31. (1) No suit to enforce a right on behalf of a public trust which has not been
decide suits.
registered under this Act shall be heard or decided in any Court
(2) The provisions of sub-section (1) shall apply to a claim of set off or other
proceeding to enforce a right on behalf of such public trust
19 of 53
CHAPTER V.
ACCOUNTS AND AUDIT.
32. (1) Eevery trustee of a public trust 54***** shall keep regular accounts. Maintenance of
accounts.
(2) Such accounts shall be kept in such form as may be approved by the
Charity Commissioner and shall contain such particulars as may be
prescribed.
Balancing and
33. (1) The accounts kept under section 32 shall be balanced each year on the auditing of
thirty-first day of March or such other day, as may be fixed by the Charity accounts.
Commissioner.
(2) The accounts shall be audited annually in such manner as may be pres-
XXXVIII of 1949. cribed and by a person 55[who is a chartered accountant within the meaning of
the Chartered Accountants Act, 1949] or by such persons as may be
authorised in this behalf by the State Government.
(3) Every auditor acting under sub-section (2) shall have access to the
accounts and to all books, vouchers, other documents and records in the
possession of or under the control of the 56[trustee].
(4) Notwithstanding anything contained in the preceding sub-sections:-
57
[(a)] the Charity Commissioner may direct a special audit of the
accounts of any public trust whenever in his opinion such special
audit is necessary. The provisions of sub-sections (2) and (3) shall, so
far as may be applicable, apply to such special audit. The Charity
Commissioner may direct the payment of such fee as may be
prescribed for such special audit; 58[and
(b) State Government may, by general or special order, exempt any

public trust or class of public trusts from the provisions of sub-section
(2), subject to such conditions as may be specified in the order.]
34. (1) It shall be the duty of every auditor auditing the accounts of a public trust Auditor's duty to
prepare balance
under section 33 to prepare a balance sheet and income and expenditure sheet and to report
account and to forward a copy of the same to the Deputy or Assistant Charity irregularities, etc.
Commissioner of the region or sub-region or to the Charity Commissioner, if

the Charity Commissioner required him to do so.
(2) The auditor shall in his report specify all cases of irregular, illegal or im-
proper expenditure or failure or omission to recover moneys or other property
belonging to the public trust or of loss or waste of money or other property
thereof and state whether such expenditure, failure, omission, loss or waste
was caused in consequence of breach of trust, or misapplication or any other
misconduct on the part of the trustees, or any other person.
59
35. [(1)] Where the trust property consists of money and cannot be applied Investment of
public trust money.
immediately or at any early date to the purposes of the public trust the trustee
II of 1934.
shall be bound 60[(notwithstanding any direction contained in the instrument
of the trust) to deposit the money in any Scheduled Bank as defined in the
Reserve Bank of India Act, 1934, in the Postal Savings Bank or in a Co-
operative bank approved by the State Government for the purpose or to invest
it in public securities]:
Provided that such money may be invested in the first mortgage of

immovable property situate in 61[any part of India] if the property is not
leasehold for a term of years and the value of the property exceeds by one-
half the mortgage money:
Provided further that the Charity Commissioner may by general or

special order permit the trustee of any public trust or classes of such trusts to
invest the money in any other manner.
62
[(2) Nothing in sub-section (1) shall effect any investment or deposit Bom. LIX of 1964.
already made before the coming into force of the Bombay Public Trusts
(Amendment) Act, 1954, in accordance with a direction contained in the
instrument of the trust:
Provided that any interest or dividend received or accruing from such

investment or deposit on or after the coming into force of the said Act or any
sum 63[so invested or deposited] on the maturity of the said investment of
deposit shall be applied or invested in the manner prescribed in sub-section
(1).]
64
Alienation of 36. [(1)] 65[Notwithstanding anything contained in the instrument of trust-]
immovable property
of public trust.
(a) no sale, mortgage, exchange or gift or any immovable property,
and
(b) no Lease for a period exceeding ten years in the case of

agricultural land or for a period exceeding three years in the case of
non-agricultural land or a building,
belonging to a public trust, shall be valid without the previous

sanction of the Charity Commissioner.
66
[(2) The decision of the Charity Commissioner under sub-section (1) shall
be communicated to the trustees and shall be published in such manner as
may be prescribed.
(3) Any person aggrieved by such decision may appeal to the Gujarat
Revenue Tribunal within thirty days from the date of its publication.
(4) Such decision shall, subject to the provisions of sub-section (3) be final.]
CHAPTER VI.
CONTROL.
67
Power of inspection 37. [(1)] The Charity Commissioner, the Deputy or Assistant Charity Com-
and supervition.
missioner or any officer authorised by the State Government by a general or
special order shall have power-
(a) to enter on and inspect or cause to be entered on and inspected any

property belonging to a public trust;
(b) to call for or inspect any extract from any proceedings of the
trustees of any public trust and 68[any books of accounts or documents
in the possession, or under the control, of the trustees or any person
on behalf of the trustees];
(c) to call for any return, statement, account or report which he may
think fit from the trustees or any person connected with a public trust:
Provided that in entering upon any property belonging to the

public trust the officers making the entry shall give reasonable notice
to the trustee and shall have due regard to the religious practices or
usages of the trust.
69
[(2) It shall be the duty of every trustee to afford all reasonable facilities to
21 of 53
any officer exercising any of the powers under sub-section (1) and the
trustees 70[and person referred to in sub-section (1)] shall comply with any
order made or direction issued by such officer in exercise of the power
conferred upon him by or under sub-section (1).]
38. On receipt of a report of the auditor under section 34 71[or of a report, if any,
Explanation on
made by an officer authorised under section 37] the Deputy or Assistant Charity report of auditor.
Commissioner to whom the report is submitted shall require the trustee or any other
person concerned to submit an explanation thereon within such period as he thinks
fit.
72
[39. On considering the report referred to in section 38, and the accounts and Report to Charity
explanation, if any, furnished by the trustees or any other person, and after holding an Commissioner.
inquiry in the prescribed manner, the Deputy or Assistant Charity Commissioner

shall record his finding as to whether the trustees or any other person have been
guilty of gross negligence, a breach of trust, misapplication or misconduct which has
resulted in loss to the public trust and make a report thereof to the Charity
Commissioner.]
40. The Charity Commissioner shall, after considering the report of the Deputy or Decision of Charity
Commissioner on
Assistant Charity Commissioner, giving an opportunity to the person concerned and report under section
holding such inquiry as he thinks fit, determine- 39.
(a) the amount of loss caused to a public trust;
(b) whether such loss was due to any 73[gross negligence, breach of trust,]
misapplication or misconduct on the part of any person;
(c) whether any of the trustees, or any other person was responsible for such
loss;
(d) the amount which any of the trustees or any other person is liable to pay to
the public trust for such loss.
41. (1) If the Charity Commissioner decides that any person is liable to pay to the Order of surcharge.
public trust any amount for the loss caused to the trust, the Charity
Commissioner may direct that the amount shall be surcharged on the person.
(2) Subject to the provisions of section 72, the order of the Charity Com-
missioner under sub-section (1) shall be final and conclusive.
74
[41A. (1) Subject to the provisions of this Act, the Charity Commissioner may, from Power of Charity
time to time, issue directions to any trustee of a public trust or any person Commissioner to
issue directions to
connected therewith to ensure that such trust is properly administered and the trustees and other
income thereof is properly accounted for or duly appropriated and applied to persons.
the objects and for the purposes of the trust
(2) It shall be the duty of every such trustee and person to comply with a
direction issued to him under sub-section (1)].
CHAPTER VII.
OTHER FUNCTIONS AND POWERS OF CHARITY COMMISSIONER.
Charity
42. 75[Each Charity Commissioner] shall be a corporation sole and shall have Commissioner to be
perpetual succession and common seal and may sue and be sued in his corporate corporation sole.
name.
43. 76[ 77(* * *)] Notwithstanding anything contained in the Charitable Endowments
Act, 1890, 78[the Charity Commissioner, Bombay (hereinafter in this section referred
VI of 1890. Charity
Commissioner to be
to as "the Charity Commissioner")] shall be deemed to be and to have always been Treasurer of
Charitable Endow-
the Treasurer of Charitable Endowments for 79[that part of the +State of Bombay to ments under Act VI
of 1890.
which this Act extends] appointed under the provisions of the said Act and the
property vesting in the said Treasurer before the date on which this Act comes into
force shall be deemed to vest in the Charity Commissioner as the Treasurer of
Charitable Endowments; and the provisions of the said Act shall apply to the Charity
Commissioner as the Treasurer of Charitable Endowments appointed under the said
Act.
80
* * * * * *
Charity 44. (1) Subject to the provisions of this Act 81[and] the rules made there under the
Commissioner can
act trustee of Public Charity Commissioner may be appointed to act as a trustee of a public trust
trusts. by a Court of competent jurisdiction or by the author of the trust.
(2) Save as herein provided, the Charity Commissioner acting as a trustee of a

public trust shall have the same powers, duties and liabilities and be entitled
to the same rights and privileges as any other trustee of a public trust.
(3) The Charity Commissioner may decline, either absolutely or except on

such conditions as he may impose, to accept any trust.
(4) The Charity Commissioner shall be the sole trustee and it shall not be
lawful to appoint him as a trustee alongwith other persons.
Charity 45. (1) Any person intending to create a public trust may by the instrument
Commissioner may
with con-sent be creating the trust and with the consent of the Charity Commissioner appoint
appointed trustee of him by that name or any other description to be the trustee of such trust:
settlement by
grantor.
Provided that the consent of the Charity Commissioner shall be
recited in the said instrument and that such instrument shall be executed by
the Charity Commissioner or any officer duly authorised by him in that
behalf.
(2) Upon such appointment the trust property shall vest in the Charity
Commissioner and shall be held by him upon the terms declared in such
instrument.
Appointment of 46. Where the Charity Commissioner by that name or any other sufficient description
Charity has been appointed a trustee of any public trust under any will, the executor of the
Commissioner as
trustee under will. will of the testator or the administrator of his estate shall 82[within a period of three
months from the date of] obtaining probate or letters of administration, notify in the
prescribed manner, the contents of such will to the Charity Commissioner and if the
Charity Commissioner consents to accept the trust then upon the execution by such
executor or administrator of an instrument in writing transferring the property subject
to the trust to the Charity Commissioner, such property shall vest in the Charity
Commissioner and shall be held by him upon the trust expressed in the will:
Provided that the consent of the Charity Commissioner shall be recited in the
instrument and that such instrument shall be executed by the Charity Commissioner
or any officer duly authorised by him in that behalf :
83
[Provided further that where, under any law for the time being in force, no
probate or letters of administration are necessary for the administration of the estate
of the testator, the executor or administrator, as the case may be, shall notify the
contents of the will within the period of three months from the time when the
contents of the will become known to him.].
Power of Court to 47. (1) Any person interested in a public trust or the Charity Commissioner may
appoint new trustee
or trustees, as the apply to the Court for the appoinment of a new trustee, when a trustee of such
case may be. trust-
23 of 53
(a) disclaims or dies;
(b) is for a continuous period of six months absent from India without
the leave of the Charity Commissioner or Deputy or Assistant Charity
Commissioner or the officer authorised by the State Government in
this behalf;
(c) leaves India for the purpose Of residing abroad;
(d) is declared an insolvent;
(e) desires to be discharged from the trust;
(f) refuses to act as a trustee;
(g) becomes in the opinion of the Court unfit or physically incapable

to act in the trust or accepts a position which is inconsistent with the
trust; or
(h) in any of the cases mentioned in Chapter III is not available to ad-
minister the trust.
(2) No such application shall be entertained,-
(a) unless the trustee who on account of any of the reasons mentioned
in clauses (a) to (h) of sub-section (1) is not fit or available to
administer the trust is the sole trustee or unless by the vacation of
office by one or more trustees on account of any of the said reasons
the minimum number of trustees required by the instrument, scheme,
order or decree of the Court or usage or custom of the trust for the
administration of the trust is reduced;
(b) (i) until the expiration of a period of three months from the
date on which the trustee is not so fit or available to
administer the trust; and
(ii) if a new trustee has been appointed in the said office

during the said period in accordance with the instrument,
scheme, order or decree of the Court, or custom or usage of
the trust.
(3) The Court after making an inquiry 84[may by order appoint] the Charity
Commissioner or any other person as the trustee to fill up the vacancy.
(4) In appointing the trustee under sub-section (3) the Court shall have
regard-
(a) to the wishes of the author of the trust;
(b) to the wishes of the person, if any, empowered to appoint a new

trustee;
(c) to the question whether the appointment will promote or impede

the execution of the trust;
(d) to the interest of the public or the section of the public who have
interest in the trust; and
(e) to the custom and usage of the trust.
(5) Where the Charity Commissioner is appointed a trustee, he shall be the

sole trustee.
(6) The 85[order] of the Court under sub-section (3), shall be deemed to be the
decree of the Court and an appeal shall lie therefrom to the High Court.
86
Power of Charity [47AA. Where a trustee of any public trust is convicted of an offence punishable
Commissioner to
apply to Court for under this Act, 87[or any amount is surcharged on him under sub-section (1) of
appointment of new section 41], the Charity Commissioner may apply to the Court for the appointment of
trustee where
trustee convicted a new trustee, and thereupon the provisions of subsections (3), (4), (5) and (6) of
under Act.
section 47 shall apply as they apply to an application made under sub-section (1) of
that section.]
88
Power to Court to [47A. It shall be lawful for the Court upon making any order appointing a new
vest property in
new trustee.
trustee under sub-section (3) of section 47 89[or section 47AA] either by the same or
by any subsequent order to direct that any property subject to the trust shall vest in
the person so appointed].
90
[47B. Nothing in section 44. 91[47 or 47AA]-
Court not to appoint (a) shall empower any Court to appoint the Charity Commissioner to be a
Charity Commis-
sioner as trustee of trustee of any public trust for a religious purpose, or
religious trust and
Charity
Commissioner not (b) shall entitle the Charity Commissioner to accept any trust, if such
to accept such trust acceptance requires the Charity Commissioner to manage the affairs of any
if management of
religious affairs is religious denomination or any section thereof in the matter of religion:
involved.
Provided, that if the author of the public trust for a religious purpose
so intends, or the person or the authority in whom or which the property of
such public trust vest deems it expedient in public interest, the Court may
appoint the Charity Commissioner, the sole trustee of such public trust or the
Charity Commissioner may accept such trust].
Levy of 48. (1) When the Charity Commissioner is appointed a trustee of any public trust,
administrative there shall be levied such administrative charges whether by way of
charges.
percentage or otherwise, as the State Government may prescribe.
(2) The charges so levied may be at different rates for different properties or
classes of properties or for different dudes.
Transfer of property 49. (1) Nothing in this Act shall be deemed to prevent the transfer, by the Charity
by Charity
Commissioner. Commissioner, of any property vested in him as a trustee, to-
(a) the original trustee (if any),
(b) any other lawfully appointed trustee, or
(c) any other person, if the court so directs.
(2) Upon such transfer, such property shall vest in such trustee and shall be
held by him upon the same terms as those upon which it was held prior to the
transfer and the Charity Commissioner shall be exempt from all liability as
trustee of such property except in respect of acts done before such transfer:
Provided that in the case of any transfer under this section, the
Charity Commissioner shall be entitled to retain out of the property any fees
and administrative charges leviable in accordance with the provisions of this
Act.
Suits relating to 50. In any case-

public trusts.
(i) where it is alleged that there is a breach of a public trust,
25 of 53
(ii) 93[where a direction is required to recover possession of a property

belonging to a public trust] 94[or the proceeds thereof or for an account of
such property or proceeds] from any person including a person holding
adversely to the public trust, or
(iii) where the direction of the court is deemed necessary for the admini-
stration of any public trust,
the Charity Commissioner 95[after making such enquiry as he thinks

necessary] or two or more persons having an interest in the trust and having
obtained the consent in writing of the Charity Commissioner as provided in
section 51 may institute a suit whether contentions or not in the Court within
the local limits of whose jurisdiction the whole or part of the subject-matter of
the trust is situate, to obtain a decree for any of the following reliefs: —
96
(a) an order for the recovery of the possession of such property [or
proceeds thereof],
(b) the removal of any trustee or manager,
(c) the appointment of a new trustee or manager,

97
[(cc) vesting any property in a trustee,]
(d) a direction for taking accounts and making certain inquiries,
(e) a declaration as to what proportion of the trust property or of the

interest therein shall be allocated to any particular object of the trust,
(f) a direction authorising the whole or any part of the trust property
to be let, sold, mortgaged or exchanged,
(g) the settlement of a scheme or variations or alterations in a scheme

already settled, or
(h) granting such further or other relief as the nature of the case may
require:
Provided that no suit claiming any of the reliefs specified in

this section shall be instituted in respect of any public trust except in
conformity with the provisions thereof:
98
[Provided further that the Charity Commissioner may,
instead of instituting a suit, make an application to the Court for a
variation or alteration in a scheme already settled.]
99 Power of Charity
[50A. (1) Notwithstanding anything contained in section 50, where the Charity
Commissioner to
Commissioner has reason to believe that, in the interest of the proper frame, amalgamate
management or administration of a public trust, a scheme should be settled or modify schemes.
for it, or where two or more persons having interest in a public trust make an
application to him in writing in the prescribed manner that, in the interest of
the proper management or administration of a public trust, a scheme should
be settled for it, the Charity Commissioner may if after giving the trustees of
such trust due opportunity to be heard, he is satisfied that it is necessary or
expedient so to do, frame a scheme for the management or administration of
such public trust
(2) Where the Charity Commissioner is of opinion that in the interest of the
proper management or administration, two or more public trusts may be
amalgamated by framing a common scheme for the same, he may, after-
(a) publishing a notice in the Official Gazette and also in at least two
newspapers (one in English, and the other in the language of the
region) with a wide circulation in the region in which the trust is
registered, and
(b) giving the trustees of such trusts and all other interested persons
due opportunity to be heard,
frame a common scheme for the same.

100
[(2A) A scheme under this section may provide for the number of trustees,
the mode of appointment of trustees including the appointment of the first
trustees, vesting of the trust property in the trustees so appointed, mode of
filling any vacancy of a trustee the remuneration of a trustee or manager of
the public trust and where necessary, a clarification of the objects of the
public trust.].
(3) The Charity Commissioner may, at any time, after hearing the trustees,
modify the scheme framed by him under sub-section (1) or sub-section (2).
(4) The scheme framed under sub-section (1) or sub-section (2) or modified
under sub-section (3) shall, subject to the decision of the competent court
under section 72, have effect as a scheme settled or altered, as the case may
be, under a decree of a Court under section 50.]
Consent of Charity 51. (1) If the persons having an interest in any public trust intend to file a suit of
Commissioner for
institution of suit.
the nature specified in section 50, they shall apply to the Charity Com-
missioner in writing for his consent. The Charity Commissioner, after hearing
the parties and after making such inquiry as he thinks fit, may within a period
of six months from the date on which the application is made, grant or refuse
his consent to the institution of such suit. The order of the Charity
Commissioner refusing his consent shall be in writing and shall state the
reasons for the refusal.
(2) If the Charity Commissioner refuses his consent to the institution of the
suit under sub-section (1) the persons applying for such consent may file an
appeal to the Bombay Revenue Tribunal constituted under the Bombay Bom. XII of 1939.
Revenue Tribunal Act, 1939, in the manner provided by this Act.
(3) In every suit filed by persons having interest in any trust under section 50,
the Charity Commissioner shall be a necessary party.
(4) Subject to the decision of the Bombay Revenue Tribunal in appeal under
section 71, the decision of the Charity Commissioner under sub-section (1)
shall be final and conclusive.
Non-application of 101
sections 92 and 93
52. [(1) Notwithstanding anything contained in the Code of Civil Procedure,
of Civil Procedure 1908, the provisions of sections 92 and 93 of the said Code shall not apply to V of 1908.
Code to public the public trusts.
trusts.
102 103
[ [(2) If] ] on the date of the application of the Act to any public trust any
legal proceedings in respect of, such trust are pending before 104[any, Civil
Court of competent jurisdiction] to which the Advocate General or the
Collector exercising the powers of the Advocate General is a party, the
Charity Commissioner shall be deemed to be substituted in those proceedings
for the Advocate General or the Collector, as the case may be, and such
proceedings shall be disposed of by such Court.]
105
[(3) Any reference to the Advocate General made in any instrument,
scheme, order or decree of any Civil Court of competent jurisdiction made or
27 of 53
passed, whether before or after the said date, shall be construed as a reference
to the Charity Commissioner.]
IX of 1908. 106
[52A. Notwithstanding anything contained in the Indian Limitation Act, 1908, no Suit against
suit against an assignee for valuable consideration of any immovable property of the assignee for valu-
able consideration
public trust which has been registered or is deemed to have been registered under this not barred by time.
Act for the purpose of following in his hands, such property or the proceeds thereof,
or for an account of such property or proceeds shall be barred by any length of time.]
53. (1) Where under any will a bequest has been made in favour of a public trust Bequest under will
for benefit of public
or where such bequest itself creates a public trust, it shall be the duty of the trust.
executor under the will to forward a copy thereof to the Deputy or Assistant
Charity Commissioner for the region or sub-region where 107[such trust] may
have been, or is required to be registered.
(2) No probate of any such will or letters of administration with such will
annexed shall be granted by any Court whatsoever unless it is satisfied that a
copy of such will has been forwarded to the Deputy or Assistant Charity
Commissioner as provided by sub-section (1).
54. (1) Where according to the custom or usage of any business or trade or the Dharmada.
agreement between the parties relating to any transaction any amount is
charged to any party to the said transaction or collected under whatever name,
as being intended to be used for a charitable or religious purpose the amount
so charged or collected 108[(in this Act called "dharmada")] shall vest in the
person charging or collecting the same as a trustee.
(2) Any person charging or collecting such sums shall within three months
from the expiration of the year for which his accounts are ordinarily kept
submit an account in such form as may be prescribed to the Deputy or
Assistant Charity Commissioner.
(3) The Deputy or Assistant Charity Commissioner shall have power to make
such inquiry as he thinks fit to verify the correctness of the account submitted
and may pass order for the disposal of the amount in the manner prescribed.
109
[(4) The provisions of Chapter IV shall not apply to dharmada.]
55. (1) 110[If upon an application made to him or otherwise] the Charity Cypres.
Commissioner is of opinion that-
(a) the original object for which the public trust was created has
failed,
(b) the income or any surplus balance of any public trust has not been
utilized or is not likely to be utilized,
(c) 111[in the case of a public trust other than a trust for a religious
purpose, it is not in public interest] expedient, practicable, desirable,
necessary or proper to carry out wholly or partially the original
intention of the author of the public trust or the object for which the
public trust was created and that the property or the income of the
public trust or any portion thereof should be applied to any other
charitable or religious object,
(d) in any of the cases mentioned in sections 10 to 13 or in regard to
the appropriation of the dharmada sums held in trust under section 54
the directions of the court are necessary,
the Charity Commissioner shall 112[require the trustees to apply within

the prescribed time for directions to the Court within the local limits
of whose jurisdiction the whole or part of the subject matter of the

trust is situate.]
(2) If the trustees fail to make the application as required under sub-section
(1) or if the Charity Commissioner himself is trustee or if there is no trustee
of the public trust, the Charity Commissioner shall make an application to the
court.
Court's power to 56. (1) On such application being made, the court after hearing the parties and
hear application.
making an inquiry shall decide the matter and shall give directions. In giving
the directions, the court shall, so far as may be expedient, practicable
desirable 113[necessary or proper] in public interest, give effect to the original
intention of the author of the public trust or the object for which the public
trust was created. If the Court is of opinion that the carrying out of such
intention or object is not wholly or partially expedient, practicable, desirable
113
[necessary or proper] in public interest the court may direct the property or
income of the public trust or any portion thereof to be applied cypres to any
other charitable or religious object. In doing so, it shall be lawful for the court
to alter any scheme already settled or to vary the terms of any decree or order
already passed in respect of the public trust or the conditions contained in the
instrument of the public trust.
(2) Any decision or order passed by the court under sub-section (1) shall be
deemed to be a decree of such court and an appeal shall lie therefrom to the
High Court.
114
Powers of trustee to [56A. (1) Save as hereinbefore provided in this Act, any trustee of a public trust
apply for directions. may apply to the Court, within the local limits of whose jurisdiction the
whole or part of the subject-matter of the trust is situate, for the opinion,
advice or direction of the Court on any question affecting the management or,
administration of the trust property or income thereof, and the Court shall
give its opinion, advice, or direction, as the case may be, thereon:
Provided that the Court shall not be bound to give such opinion,
advice or direction on any question which it considers to be a question not
proper for summary disposal.
(2) The Court, on an application under sub-section (1), may give its opinion,
advice or direction thereon after giving notice to the Charity Commissioner.
The Court before giving any opinion, advice or direction shall afford a
reasonable opportunity of being heard to all persons appearing in connection
with the application.
(3) A trustee stating in good faith the facts of any matter relating to the trust
in an application under sub-section (1), and acting upon the opinion, advice or
direction of the Court given thereon, shall be deemed, as far as his own
responsibility is concerned, to have discharged his duty as such trustee in the
matter in respect of which the application was made.
(4) No appeal shall lie against any opinion, advice or direction given under
this section.
56B. (1) In any suit or legal proceedings in which it appears to the Court that any
Proceedings
involving question
question affecting a public religious or charitable purpose is involved, the
affecting public Court shall not proceed to determine such question until after notice has been
charitable or
religious purpose.
given to the Charity Commissioner.
(2) If upon the receipt of such notice or otherwise the Charity Commissioner
makes any application in that behalf, he shall be added as a party at any stage
of such suit or proceedings.
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(3) In this section "Court" shall mean any Civil Court of competent
jurisdiction in the 115[State of Gujarat].
116
[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.
56.C (1) The provisions of this Chapter shall apply to every temple, mosque or Provisions of
Chapter VII--A to
endowment created for a public religious or charitable purpose (hereinafter in apply to certain
this Chapter referred to as "the endowment"), Which vests in, or the endowments.
management of which vests in, the State Government and which-
(a) has been registered under the provisions of this Act as, or
(b) is declared by the State Government by notification, in the Official

Gazette, after such inquiry as it thinks fit, and after previous
publication, to be a public trust.
On such declaration such endowment shall be deemed to be a registered

public trust for the purposes of this Act and the provisions of Chapter IV
relating to the registration of public trusts, shall, as far as may be, apply to the
making of entries in the register kept under section 17, provided that such
entries shall also confirm to the provisions of this Chapter. The entries so
made shall be final and conclusive.
(2) The State Government shall, as soon as may be after the commencement
of this Chapter, publish in the Official Gazette a list of such endowments as
are registered as, or declared to be, public trusts; and the State Government
may, by like notification and in like manner, add to or delete from such list
any endowment entered therein.
56D. The State Government shall, from such date as it determines, and in the manner Vesting, or transfer
hereinafter provided, transfer the endowment, or the management thereof to a of management, of
certain
committee (hereinafter referred to as "committee") and thereupon such endowment endowments.
together with all the immoveable or moveable property appertaining thereto, or as the
case may be, management thereof, shall vest in the members of such committee; and
the members of the committee shall be the trustees of such endowment within the
meaning and for the purposes of this Act.
56E. (1) Notwithstanding anything contained in sections 47 and 50 for the purpose Committees of
of vesting or transferring the management of the endowment under the management.
provisions of this chapter, to a Committee, the State Government shall, by
notification in the Official Gazette, appoint (under such name as may be
specified in the notification) one or more committees for each district.
(2) The committee shall have power to acquire, hold and dispose of property,
subject to such conditions and restrictions as may be prescribed, and may sue
and be sued in the names of all the members of the committee.
(3) A committee shall consist of not less than five and not more than seven
members, and the members in the case of a religious endowment shall and in
any other case may, be appointed from amongst persons professing the
religion or belonging to the religious denomination (or any section thereof),
for the purposes of which or for the benefit of whom the endowment was
founded, or is being administered. The members shall be appointed, as far as
possible, and in accordance so far as can be ascertained with the general
wishes of those who are interested in the administration, of such endowment.
56F. (1) A member shall be appointed to a committee for a period of five years, Term of office of
members of
but shall be eligible for re-appointment. committee.
(2) A member may, by writing under his hand addressed to the State
Government resign his membership of a committee:
Provided that such resignation shall not take effect until the
resignation has been accepted by the State Government,
Disqualification of
membership.
56G. (1) A person shall be disqualified for appointment as, or for being, a member
of a committee if he-
(a) is a minor;
(b) has been convicted by a criminal court of any offence involving

moral turpitude;
(c) is of unsound mind, and is so declared by a competent court;
(d) is an undischarged insolvent;
(e) has directly or indirectly interest in a lease or any other transaction

relating to the property vesting in the committee;
(f) is a paid servant of the committee or has any share or interest in a

contract for the supply of goods to, or for the execution of any works,
or the performance of any service, undertaken by the committee in
respect of the endowment;
(g) is found to be guilty of misconduct by the State Government;
(h) in the case of a religious endowment ceases to profess the religion

or to belong to the religious denomination for which the committee is
appointed; or
(i) is otherwise unfit.
(2) If it appears to the State Government that a member has incurred any of
the disqualifications aforesaid, the State Government may, after giving such
member an opportunity of showing cause, and after considering any such
cause shown, remove such person from membership and the decision of the
State Government shall be final.
(3) Notwithstanding anything contained in any other law for the time being in
force, a member of the committee shall not be disqualified from being chosen
as, and for being a member of, the 117[Gujarat Legislative Assembly] or any
local authority by reason only of the fact that he is a member of such
committee.
Power of
Government to 56H. The State Government may appoint a new member, when a member of a
appoint new committee-
member.
(a) resigns or dies;
(b) is for a continuous period of six months absent from India without leave
of the Charity Commissioner;
(c) leaves India for the purpose of residing abroad;
(d) desires to be discharged;
(e) refuses to act; or
31 of 53
(f) is removed by the State Government.
56I. (1) The State Government shall, from amongst the members of a committee, Chairman and
appoint a chairman and shall also appoint a treasurer. treasurer of
committee.
(2) The State Government may direct that the chairman, treasurer and other
members of the committee may be paid such honorarium or fees and
allowances from such fund and in such manner as may be prescribed.
56J. The committee shall meet at such intervals and follow such procedure in Meeting of and
procedure for
exercising its powers and discharging its duties and functions as may be prescribed; committee.
but the day-to-day proceedings and routine business shall be despatched in
accordance with regulations made by it, and approved by the State Government.
56K. A committee may by resolution appoint such sub-committees as it may think fit, Power of
Committee to
and may delegate to them such powers and duties as it specifies in the resolution; and appoint sub-
a committee or sub-committee may associate with itself, generally or for any committees.
particular purpose, in such manner as may be determined by regulations, any person

who is not a member, but whose assistance or advice it may desire; and the person
associated as aforesaid shall have the right to take part in the discussions of the
committee or sub-committee, relevant to that purpose, but shall not have the right to
vote at any meeting thereof.
56L. (1) The State Government may appoint a Secretary to the Committee. Secretary and other,
officers of
committee.
(2) The committee may appoint such officers (other than the Secretary) and
servants as it thinks necessary for the efficient performance of the duties and
functions of the committee under this Act:
Provided that no officer or servant who is paid or is to be paid a salary

of over one hundred rupees per mensem shall be appointed by a committee
without the previous approval of the State Government.
56M. (1) The Secretary, officers and servants shall be appointed on such terms and Terms and
conditions of
conditions as to service as may be prescribed by rules, or, as the case may be, service of Secretary
by regulations made by the committee. and other servants.
(2) The salary and allowances of the Secretary, officers and servants of a
committee shall be paid out of such funds as may be prescribed.
56N. (1) Subject to the general and special orders of the State Government, it shall General duties of
committee.
be the general duty of a committee to manage and administer the affairs of the
endowment which vests in, or the management of which vests in it. It shall be
the duty of a committee to so exercise the powers conferred and discharge the
duties and functions imposed upon it, by or under this Act or under any
instrument of trust, or a scheme, for the time being in force relating to such
endowment as to ensure that such endowment is properly maintained,
controlled and administered and the income thereof is duly applied to the
object and purposes for which it was created, intended or to be administered.
(2) In particular, but without prejudice to the generality of the foregoing

provision, a committee shall-
(a) maintain a record containing information relating to the origin

income, object and the beneficiaries of every such endowment;
(b) prepare a budget estimating its income and expenditure;
(c) make regular payment of salaries and allowances and other sums
payable to the Secretary, officers and servants of a committee from
such fund as may be prescribed;
(d) keep separate accounts for each such endowment;
(e) ensure that the income and property of the endowment are applied
to the objects and for the purposes for which such endowment was
created, in tended or is to be administered;
(f) take measures for the recovery of lost properties of any such
endowment;
(g) institute and defend any suits and proceedings in a court of law
relating to such endowment;
(h) supply such returns, statistics, accounts and other information with
respect to such endowment as the State Government may from time to
time require;
(i) inspect, or cause the inspection of the properties of such

endowment; and
(j) generally do all such acts as may be necessary for the proper
control, maintenance and administration of such endowment.
Act of committee 56O. No act or proceeding of a committee shall be invalid by reason only of the
not invalid by
reason of vacancy existence of any vacancy amongst its members, or any defect in the constitution
or defect.
thereof.
Power of State 56P. The State Government may, from time to time, for the better management or
Government to
issue directions. administration of any endowment issue directions to a committee.
Power of Charity 56Q. The Charity Commissioner may, with the previous sanction of the State
Commissioner to
require duties of
Government, provide for the performance of any duty which a committee is bound to
committee to be perform under the provisions of this Act, or the rules or directions made or given
performed and to
direct expenses in thereunder, and may direct that the expenses of the performance of such duty be paid
respect thereof to be by any person who may have from time to time the custody of any fund belonging to
paid from fund of
committee, etc. the committee. If such duty is in connection with any endowment the payment shall
be made out of the funds belonging to the said endowment.
Power to supersede
a committee. 56R. (1) If the State Government is of opinion that a committee is unable to
perform or has persistently made default in the performance of, the duties
imposed upon it by or under this Act, or has exceeded or abused its powers,
the State Government may, by notification in the Official Gazette supersede
the committee for such period as may be specified in the notification:
Provided that, before issuing a notification under this sub-section, the

State Government shall give a reasonable opportunity to the committee to
show cause why it should not be superseded and consider the explanations
and objections, if any, of the committee.
(2) Upon the publication of a notification under sub-section (1) superseding a

committee-
(a) all the members of the committee shall, as from the date of
supersession, vacate their offices as such members;
(b) all the powers, duties and functions which may, by or under the
provisions of this Act, be exercised or performed by or on behalf of
the committee, shall, during the period of supersession, be exercised
and performed by such person or persons as the State Government
having regard to the provisions of sub-section (I) of section 56G may
direct; and
33 of 53
(c) all property vested in, or the management of which is vested in,
the committee shall during the period of supersession vest in the State
Government.
(3) On the expiration of the period of supersession specified in the notifica-

tion issued under sub-section (1), the State Government may-
(a) extend the period of supersession for such further period as it may
consider necessary, or
(b) reconstitute the committee in the manner provided in section 56E.
56S. (1) The committee may, with the approval of the State Government make Power to make
regulations not inconsistent with this Act or the rules made thereunder for regulations.
carrying out its functions under this Act.
(2) In particular, but without prejudice to the generality of the foregoing

provision, such regulations may provide for all or any of the following
matters, namely:-
(i) despatch of day-to-day proceedings and routine business of the

committee under section 56J;
(ii) the manner in which any person who is not a member of a

committee, or sub-committee may be associated with such committee
or sub-committee as the case may be, under section 56K;
(iii) terms and conditions of service of the servants of a committee

under section 56M.
56T. Except so far as is expressly provided in the provsions of this Chapter, nothing Non-application of
certain provisions
in sections 18, 19, 20, 21, 44, 45, 46, 47, 47A, 47B, 50, 118[50A], 59, 66 and 67 shall of this Act to
apply to the endowments to which this Chapter applies.] endowments.
CHAPTER VIII.
PUBLIC TRUSTS ADMINISTRATION FUND.
119 Public Trusts
57. [(1) There shall be established a fund to be called the Public Trusts Administration
Administration Fund. The Fund shall vest in the Charity Commissioner.] Fund.
(2) The following sums shall be credited, to the said Fund, namely: -
(a) fees and administrative charges leviable under sections 18 and 48;
(b) contributions made under section 58;
(c) the amount from the funds or the portion thereof credited under
section 61;
(d) any sum received from a private person;
(e) any sum allotted by the State Government or any local authority;
and
XXXVIII of 1957. (f) any other sum which may be directed to be credited by or under
Bom. XXI of 1960. the provisions of 120[this Act or the Inter-State Corporations Act,
1957] 121[or the Bombay Statutory Corporations Regional
(Reorganisation) Act, 1960.]
122
58. [(1)]Every public trust shall pay to the Public Trusts Administration Fund
Contributions by annually such contribution on such date and in such manner as may be
public trusts to prescribed:
Public Trusts
Administration
Fund. 123
[Provided that the contribution prescribed under this section shall,-
(i) in the case of a dharmada, be fixed at rates in proportion to the

gross annual collection or receipts of the dharmada;
(ii) in the case of other public trusts, be fixed at rates in proportion to

the gross annual income of such public trust.]
124
[Explanation.—For the purposes of this section, the gross
annual income shall include gross income from all sources in a year
excluding donations given or offerings made with a specific direction
that they shall form part of the corpus of the public trust :
Provided that the interest or income accruing from such

donations or offerings in the years following that in which they were
given or made shall be taken into account in calculating the gross
annual income.]
125
[(2) Notwithstanding anything contained in sub-section (1), the State
Government may, by rules, provide for exemption of any public trust or class
of public trusts from the whole or any part of the contribution payable under
that sub-section, subject to such conditions, if any, as may be prescribed.]
Penalties as
recovery of 59. (1) If the trustee of a public trust (other than the Charity Commissioner) 126[or
contribution. the person charging or collecting dharmada] fails to pay the contribution
under section 58, he shall be liable to penalties provided in section 66.
(2) The Charity Commissioner may also make an order directing the bank in
which or any person with whom any moneys belonging to the public trust are
deposited to pay the contribution from such moneys as may be standing to the
credit of the public trust or may be in the hands of such person or may from
time to time be recovered from or on behalf of the public trust by way of
deposit by such bank or person and such bank or person shall be bound to
obey such order. Every payment made pursuant to such order shall be a
sufficient discharge to such bank or person from all liability to the public trust
in respect of any sum or sums so paid by it or him out of the moneys belong-
ing to the public trust so deposited with the bank or person.
(3) Any bank or person who has been ordered under sub-section (2) to make
the payment may appeal to the State Government and the State Government
may, after making such inquiry as it thinks fit, confirm, modify or cancel such
order.
Application of 60. (1) The Public Trusts Administration Fund shall, subject to the provisions of
Public Trusts this Act and subject to the general or special order of the State Government,
Administration
Fund. be applicable to the payment of charges for expenses incidental to the
regulation of public trusts and generally for carrying into effect the provisions
of this Act.
(2) The custody and investment of the moneys to be credited to the Public
Trusts Administration Fund and the disbursement and payment therefrom
shall be regulated and made in the prescribed manner.
35 of 53
61. On the application of this Act to any public trust or class of public trusts which State Government
to direct crediting
may have been registered under any of the Acts specified in 127[Schedule A] 128[or of funds constituted
Schedule AA] 129[the State Government may direct that the Charity Commissioner under any Act in
Schedule to Public
shall recover any arrears due under any such Act and] that the amount of any fund for Trusts
the administration of public trusts constituted under the said Act for the region or Administration
Fund constituted
sub-region in which public trust or class of public trusts was registered or any portion under this Chapter.
thereof 130[including the arrears recovered by the Charity Commissioner] shall be
credited to the Public Trusts Administration Fund constituted under this Chapter.
CHAPTER IX.
ASSESSORS.
62. (1) On such date as may be prescribed, the Deputy or Assistant Charity List of Assessors.
Commissioner shall prepare lists of persons liable to serve as assessors.
(2) Every person between the ages of 25 and 65 shall, except as may be
prescribed by rules, be liable and serve as an assessor under this Act.
(3) In the preparation of the lists, regard shall be had to the property,
character, education, and religion of persons whose names are entered therein.
(4) The lists so prepared shall be submitted to the Charity Commissioner and
when approved by him shall be published in the Official Gazette.
(5) The lists published under sub-section (4) shall be in operation for a period
of three years :
Provided that the Charity Commissioner may before the expiry of the
said period direct any additions or alterations to be made therein.
(6) The lists published under sub-section (4) shall notwithstanding anything
contained in sub-section (5) be deemed to be valid and in operation for a
further period of one year or until new lists are prepared in substitution
thereof, whichever period expires first.
63. Every person summoned to serve as an assessor by 131[the Charity Commissioner Person summoned
to attend at the time
or Deputy] or Assistant Charity Commissioner shall attend at the time and place and place specified.
when and where he is so summoned to attend, unless he is prevented from such
attendance by a reasonable excuse.
64. In the following proceedings assessors shall be summoned to assist and advise the Cases in which
assessors shall be
Charity Commissioner, Deputy or Assistant Charity Commissioner, as the case may summoned.
be, namely:-
132
[(a) an inquiry under section 19 or an inquiry under section 22 relating to a
public trust other than a society referred to in section 2(13);]
(b) 133[ * * * * ]
(c) an inquiry regarding the loss caused to a public trust in consequence of the
act or conduct of a trustee or any other person under section 40:
(d) any other inquiry in which by rules or a general or special order made by
the State Government in this behalf, the assessors are required to assist and
advise the Charity Commissioner, the Deputy or Assistant Charity
Commissioner or any other officer appointed under this Act:
134
[Provided that in inquiries specified in clause (a) where no contest
is involved the Deputy or Assistant Charity Commissioner may for reasons to
be recorded in writing order that assessors shall not be so summoned.]
Number of 65. (1) 135[The Charily Commissioner or Deputy] or Assistant Charity Com-
assessors to be missioner shall choose, such number of assessors not less than three and not
called.
more than five as he deems fit to aid and assist him. In any inquiry relating to
a public trust which is for the benefit of the members belonging to a particular
religious denomination, the assessors chosen shall, as far as may be practi-
cable, belonging to the said religious denomination.
(2) At the conclusion of the inquiry he shall record their opinion in writing
and require them to sign it. The opinion so recorded shall form part of the
proceedings and due consideration shall be given to it in passing an order or
arriving at a decision or making a report in the inquiry.
(3) If in the course of any inquiry at any time before its conclusion, any
assessor is from any sufficient cause, prevented from attending throughout the
inquiry or absents himself and it is not practicable to enforce the attendance,
the inquiry may be proceeded with the aid of the other assessor or assessors.
(4) If all the assessors are prevented from attending or absent themselves,
without sufficient cause, the inquiry shall be proceeded with the aid of fresh
assessors :
Provided that if 136[the Charity Commissioner or Deputy] or Assistant

Charity Commissioner holding the inquiry is satisfied that for sufficient and
adequate reasons the inquiry need not be delayed, he shall complete the
inquiry and 137[where the enquiry is held by the Deputy or Assistant Charity
Commissioner, he] shall report the matter to the Charity Commissioner.
(5) The assessors shall be entitled to such allowances as may be prescribed.
CHAPTER X.
OFFENCES AND PENALTIES.
Penalty. 66. Whoever contravenes any provision of any of the sections mentioned in the first
column of the following table shall, on conviction, for each such offence be punished
with fine which may extend to the amount mentioned in that behalf in the third
column of the said table:
138
[Provided that a trustee who has a previous conviction under this section
shall be punished with fine which, except for adequate reasons to the contrary
recorded in the judgment of the Court, shall not be less than Rs. 300 or the amount
mentioned in that behalf in the said table, whichever be less.]
Explanation.-The entries in the second column of the said table headed

"Subject" are not intended as the definitions of offences described in the sections
mentioned in the first column or even as abstracts of those sections, but are inserted
merely as references to the subject of the sections, the numbers of which are given in
the first column: —
TABLE
Section Subject Fine which

may be imposed
1 2 3
139
[Section 18, sub-sections (1) and (4) Duty of trustee to make an app- Rs.
lication to Deputy or Assistant
Charity Commissioner for regi-
stration of public trust within
time. .. .. .. 1,000
Section 18, sub-section (7) .. Duty of trustee to send memo-

randa of immovable property
37 of 53
to certain officers and authori-

ties within time. 200]
Section 22 Failure to report a change. 1,000

140
[Section 22B .. .. .. Failure to make an application
within the time provided for. 500
Section 22C .. .. .. Failure to send memoranda

within the time provided for 100]
141
* * * * * *
Section 29 .. .. .. Duty of an executor to apply for
the registration of a public trust
within the time provided for. 1,000
Section 32. .. .. .. Duty to keep regular accounts. 1,000
Section 35 .. .. .. Failure or omission to invest

money in public securities.. 1,000
Section 59 .. .. .. Failure to pay contribution under

section 58 by a trustee (other
than the Charity Commissioner)
142
[or by a person charging or co-
llecting dharmada] .. 1,000
Section 63 .. .. .. Requiring an assessor to attend. 500
67. Whoever contravenes any of the provisions of this Act or the rules for which no
Other offences.
specific penalty has been provided by this Act 143[ or fails without reasonable cause to
comply with any order passed or direction issued under any of the provisions of this
Act by the Charity Commissioner, Joint Charity Commissioner or Deputy or
Assistant Charity Commissioner] shall, on conviction, be punished with fine which
may extend to Rs. 500 :
144
[Provided that in the absence of special and adequate reasons to the
contrary to be mentioned in the judgment of the Court, a person who has a previous
conviction under this section, shall be punished with fine which shall not be less than
Rs. 3001.
CHAPTER XI.
FUNCTIONS OF CHARITY COMMISSIONERS, PROCEDURE, JURISDICTION
AND APPEALS.
Duties, functions
68. For the purposes of this Act, the following shall be the duties and functions to be and powers of
performed and powers to be exercised by the Deputy or Assistant Charity Deputy or Assistant
Charity
Commissioner for the region or sub-region for which he is appointed, namely :- Commissioner.
(a) to keep and mantain such books, entries and other documents as may be
prescribed under section 17;
(b) to hold an inquiry under section 19 or 22 for any of the purposes

mentioned in the said section;
(c) to record entries in the register kept under section 17 and to make
amendments in the said entries under section 22;
145
[(cc) to send a memorandom under section 28-A;]
(d) to enter on and inspect any trust property, to call for and inspect any
proceedings of a trustee and to call for any return statement, account or report
from trustees or any person connected with a public trust under section 37;
(e) to permit inspection of any statement, notice, intimation, account audit

note or any other document;
(f) to prepare a list of assessors under section 62 and to choose and summon
them under sections 63 and 65 for the purpose of inquiries under this Act;
(g) to exercise such other powers and to perform such other duties and
functions as may be prescribed.
Duties, functions 69. For the purposes of this Act, the following shall be the duties to be performed and
and powers of
Charity Commis-
powers to be exercised by the Charily Commissioner, namely: —
sioner.
(a) the general superintendence of the administration and carrying out the
purposes of this Act under section 3;
(b) power to entertain and dispose of appeals from the findings of a Deputy or
Assistant Charity Commissioner under sections 20, 22 or 28;
(c) power to determine which of the Deputy or Assistant Charity Com

missioners shall proceed with an inquiry relating to the registration of any
public trust under section 25;
(d) power to direct a special audit of the accounts of a public trust under
section 33;
(e) power to require an auditor to forward to him a copy of a balance sheet

and income and expenditure account under section 34;
(f) power to permit a trustee to invest money of a public trust in any manner
other than in public securities under section 35;
(g) power to sanction a sale, mortgage, exchange, gift or lease of immovable

property belonging to a public trust under section 36;
(h) power to enter on and inspect any trust property, to call for and inspect
any proceedings of a trustee, and to call for any return, statement, 146[books of
account, document or] report from trustees or any person connected with a
public trust under section 37;
(i) power to hold an inquiry in regard to any loss caused to a public trust VI of 1890.
under section 40 and to order a surcharge under section 41;
(j) 147[power to the Charity Commissioner, Bombay, to act] as the Treasurer

of Charitable Endowments under the Charitable Endowments Act, 1890,
under section 43;
(k) power to act as a trustee of a public trust; (l) power to file a suit under
section 50;
148
[(l) power to frame, or modify scheme under section 50A;]
(m) power to give or refuse consent to the institutions of a suit under section
51;
(n) power to give notice to trustees for the cypres application of the trust
money and to make an application to the court under section 55;
(o) power to publish the lists of assessors under section 62;
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(p) to exercise such other powers and perform such other duties and functions
as may be prescribed.
70. (1) An appeal 149[against the finding or order] of the Deputy or Assistant Appeals from
findings of Deputy
Charity Commissioner may be filed to the Charity Commissioner in the or Assistant Charity
following cases:- Commissioner.
(a) the finding 150[and order, if any,] under section 20;
(b) the finding under section 22;

151
[(b-1) the finding under section 22A;]
(c) the finding under section 28;
(d) the order under sub-section (3) of section 54.
(2) No appeal shall be maintainable after the expiration of sixty days from the
recording of the finding or the passing of the order, as the case may be.
(3) The Charity Commissioner may after hearing the appellant or any person
appearing on his behalf, for reasons to be recorded in writing either annul,
reverse, modify or confirm the finding of the order appealed against or he
may direct the Deputy or Assistant Charity Commissioner to make further
inquiry or to take such additional evidence as he may think necessary or he
may himself take such additional evidence.
152
[70A. (1) The Charity Commissioner may, in any of the cases mentioned in section Charity
70, call for and examine the record and proceedings of such case before any Commissioner to
call for and exa-
Deputy or Assistant Charity Commissioner for the purpose of satisfying mine record and
himself as to the correctness of any finding or order recorded or passed by the proceedings before
Deputy or Assistant
Deputy or Assistant Charity Commissioner and may either annul, reverse, Charity
modify or confirm the said finding or order or may direct the Deputy or Commissioner.
Assistant Charity Commissioner to make further inquiry or take such

additional evidence as he may think necessary or he may himself take such
additional evidence:
Provided that the Charity Commissioner shall not record or pass any
order without giving the party affected thereby an apportunity of being heard.
(2) Nothing in sub-section (1) shall entitle the Charily Commissioner to call
for and examine the record of any case,-
(a) during the period in which an appeal under section 70 can lie
against any finding recorded by the Assistant or Deputy Charity
Commissioner in such case, or
(b) in which an order has been passed either in an appeal made under
section 70 or 71 or on an application under section 72.]
71. (1) The appeal to the Bombay Revenue Tribunal under sub-section (2) of Appeal to Bombay
Revenue Tribunal.
section 51 against the decision of the Charity Commissioner refusing consent
to the institution of the suit shall be filed within sixty days from the date of
such decision in such form and shall be accompanied by such fee as may be
prescribed.
(2) The Bombay Revenue Tribunal after making such inquiry as it thinks fit
may confirm, revoke or modify the decision of the Charity Commissioner.
(3) The decision of the Bombay Revenue Tribunal shall be final and
conclusive.
Application from
Charity
72. (1) Any person aggrieved by the decision of the Charity Commissioner under
Commissioner's section 40, 41, 153[50A], 154[70 or 70A] or on the questions 155[whether a trust
decision under
section 40, exists and whether such trust is a public trust] or whether any property is the
157
[41,50A, 70 or property of such trust 156**may, within sixty days from the date of the
70A] etc.
decision, apply to the court to set aside the said decision.
158
(1A) No party to such application shall be entitled to produce additional
evidence, whether oral or documentary, before the Court, unless the Deputy
or Assistant Charity Commissioner or the Charity Commissioner has refused
to admit evidence which ought to have been admitted or the Court requires
any document to be produced or any witness to be examined to enable it to
pronounce judgment or for any other substantial cause to Court thinks it
necessary to allow such additional evidence:
Provided that whenever additional evidence is allowed to be produced

by the Court, the Court shall record the reason for its admission.]
(2) The Court after taking 159[evidence if any,] may confirm, revoke or
modify the decision or remit the amount of the surcharge and make such
orders as to costs as it thinks proper in the circumstances.
(3) Pending the disposal of an application under sub-section (2) all

proceedings for surcharge shall be stayed if the person aggrieved makes out a
prima facie case for a stay order.
(4) An appeal shall lie to the High Court against the decision of the court
under sub-section (2) as if such decision was a decree from which an appeal
ordinarily lies.
160
[Explanation.-In this section, the expression "decision" shall
include a scheme framed or modified under section 50A.]
Officers holding 73. In holding inquiries under this Act, the officer holding the same shall have the
inquiries to have
powers of Civil same powers as are vested in courts in respect of the following matters under the V of 1908.
Court. Code of Civil Procedure, 1908, in trying a suit:-
(a) proof of facts by affidavits,
(b) summoning and enforcing the attendance of any person and examining
him on oath,
(c) compelling the production of documents,
(d) issuing of commissions.
Inquiries to be 74. All inquiries and appeals under this Act shall be deemed to be judicial XLV of 1860.
judicial inquiries.
proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal
Code.
Limitation. 75. In computing the period of appeal under this Chapter, 161[or of an application IX of 1908.
under section 72 the provisions of sections 4, 5, 12, and 14 of the Indian Limitation
Act, 1908, shall apply to the filing of 162[such appeals and] applications.]
Civil Procedure 76. Save in so far as they may be inconsistent with anything contained in this Act, the V of 1908.
Code to apply
proceedings provisions of the Code of Civil Procedure, 1908, shall apply to all proceedings before
163
[before Court] the court under this Act.
under this Act.
41 of 53
77. All sums payable under section 18, 164[20], 41, 165[48] 79A, 166[79C or 79CC,] or Recovery of sums
due under section
under any rule, if not paid, shall notwithstanding anything contained in any law be 18, 167[20, 41, 48,
recoverable as an arrear of land revenue. 79A, 79C or 79CC]
or rules.
CHAPTER XII.
MISCELLANEOUS.
XLV of1860. 78. The Charity Commissioner, Deputy and Assistant Charity Commissioners, Charity
Commissioner and
Inspectors and other subordinate officers and Assessors appointed under this Act other officers and
shall be deemed to be public servants within the meaning of section 21 of the Indian assessors to be
public servants.
Penal Code.
79. (1) Any question, 168[whether or not a trust exists and such trust is a public Decision of
trust] or particular property is the property of such trust, shall be decided by property as public
trust property.
the Deputy or Assistant Charity Commissioner or the Charity Commissioner
in appeal as provided by this Act.
(2) The decision of the Deputy or Assistant Charity Commissioner or the

Charity Commissioner in appeal, as the case may be, shall, unless set aside by
the decision of the court 169[on application] or of the High Court in 170*appeal,
be final and conclusive.
171 Recovery of costs
[79A. All costs, charges and expenses incurred by the Charity Commissioner, or and expenses
the Deputy or Assistant Charity Commissioner as a party to, or in connection with, incurred on legal
proceedings by
any legal proceeding in respect of any public trust shall, notwithstanding anything Charity
contained in section 79B, be payable out of the property or funds of the public trust, Commissioner, etc.
except in cases where the liability to pay the same has been laid on any party or other
person personally and the right to reimbursement under this section has been
negatived in express terms.
79B. The costs, charges and expenses of and incidental to any suit, appeal or Costs of
proceedings before
application to any court including the High Court under this Act shall be in the Courts including
discretion of the Court, which may, subject to the provisions of section 79A, direct High Court.
the whole or any part of such costs, charges and expenses to be met from the property
or funds of the public trust concerned or to be borne and paid in such manner and by
such persons as it thinks fit.
79C. The costs, charges and expenses of and incidental to any appeal, application or Costs of
proceedings before
other proceeding before the Charity Commissioner or the Deputy or Assistant Charity Charity Commis-
sioner, etc.
Commissioner shall be in his discretion and he shall have full power to determine by
whom or out of what property or funds and to what extent such costs, charges and
expenses are to be paid.
172
[79CC.(1) If in an inquiry under section 19 the Deputy or Assistant Charity Compensatory costs
Commissioner or in an inquiry under section 51 the Charity Commissioner is for frivolus or
vexations
of opinon that the application on which such inquiry was commenced was proceedings before
Charity Commis-
either frivolous or vexatious the Deputy or Assistant Charity Commissioner sioner, etc.
or the Charity Commissioner, as the case may be, may at the request of the
person against whom such application was made (hereinafter referred to as
"the opponent") call upon the person making the application (hereinafter
referred to as "the applicant") to show cause why the applicant should not pay
compensation to the opponent and if the applicant is not present, direct the
issue of a summons to him to appear and show cause as aforesaid.
(2) If the Deputy or Assistant Charity Commissioner or the Charity Com-

missioner, as the case may be, is satisfied that the application was either
frivolous or vexatious he may, after recording reasons, order that
compensation to such amount not exceeding two hundred and fifty rupees as
he may determine be paid by the applicant to the opponent.
(3) An appeal shall lie against an order awarding compensation under sub-
section (2) if made by the Deputy or Assistant Charity Commissioner to the
Charity Commissioner and if made by the Charity Commissioner to the

Bombay Revenue Tribunal and the provisons of sections 70 and 71 shall
mutatis mutandis apply to such appeal.]
Court fee to be paid 79D. Notwithstanding anything contained in the Court-fees Act, 1870, the documents VII of 1870.
as prescribed by
Schedule B. described in columns 1 and 2 of Schedule B hereto shall bear a court-fee stamp of the
value specified in column 3 thereof.]
Bar of jurisdiction. 80. Save as expressly provided in this Act, no civil court shall have jurisdiction to
decide or deal with any question which is by or under this Act to be decided or dealt
with by any officer or authority under this Act, or in respect of which the decision or
order of such officer or authority has been made final and conclusive.
Indemnity from 81. (1) No suit, prosecution or other proceeding shall be instituted against the
suits and
proceedings. State Government or any officer or authority in respect of anything in good
faith done or purporting to be done under this Act.
(2) Subject to the provisions of sub-section (1), no suit under section 50 shall,
without the previous sanction of the State Government, be instituted against
the Charity Commissioner in respect of a public trust of which he has been
authorised to act as a trustee.
Trial of offences 82. No Court inferior to that of a Presidency Magistrate or a Magistrate of the First
under this Act.
Class shall try an offence punishable under this Act
Previous sanction
of Charity
83. No prosecution for an offence punishable under this Act, shall be instituted
Commissioner without the previous sanction of the Charity Commissioner.
necessary for
prosecution.
Rules. 84. (1) The State Government may make rules for the purpose of carrying into
effect the provisions of this Act
(2) In particular and without prejudice to the generality of the foregoing

provision such rules may be made for all or any of the following matters,
namely: —
(a) the manner of publishing the notification under sub-section (4) of

section 1;
173
[(aa) the qualifications of the Director, and Assistant Directors, of
Accounts appointed under section 6;]
(b) the powers, duties and functions of the officers other than the
Charity Commissioner, Deputy and Assistant Charity Commissioners
appointed under this Act in addition to those provided for in this Act;
(c) the powers, duties and functions of assessors in addition to those

provided for in this Act;
(d) the limits of regions and sub-regions to be prescribed under sub-

section (1) of section 14;
(e) the books, indices and registers to be kept and maintained in a

Public Trust Registration Office, and the particulars to be entered in
such books, indices and registers under section 17;
43 of 53
(f) the form in which an application for the registration of a public

trust is to be made and the fee to be paid for the same, the other
particulars to be entered therein and the manner in which an
application for such registration to be signed and verified and the
value and kind of trust property in respect of which it shall not be
necessary to give particulars under section 18;
(g) the manner in which an inquiry has to be made by the Deputy or

Assistant Charity Commissioner under sections 19 and 39;
(h) the form in which the 174[trustee] has to make a report regarding
the change under section 22;
(i) the book in which the Deputy or Assistant Charity Commissioner

shall make an entry under section 23;
175
[(j) the form of memorandum to be sent by trustees and Deputy and
Assistant Charity Commissioners for registration 176[and the manner
in which the memorandum shall be signed and verified;]
(k) the particulars to be entered in the accounts under sub-section (2)

of section 32 and the fee to be paid for special audit under section 33;
(l) the manner of notifying contents of the will under section 46;
(m) the administrative charges to be levied under sub-section (1) of

section 48;
177
[(m1) the manner of making an application under sub-section (1) of
section 50A;]
(n) the form of account to be submitted under sub-section (2), and the
manner of passing order under sub-section (3). of section 54;
(o) the time within which trustees may apply to the court for
directions under sub-section (1) of section 55;
178
[(o1) the conditions and restrictions subject to which the committee
shall deal with property under sub-section (2) of section 56E;
(o2) The honorarium or fees and allowances to be paid to chairman,

trea surer and members of a committee under sub-section (2) of
section 56I and the fund out of which such honorarium, or fees and
allowances shall be paid;
(o3) the interval at which a committee shall meet and the procedure it
shall follow under section S6J;
(o4) the terms and conditions as to service on which secretaries and

officers of a committee are appointed under section S6M and the fund
out of which their salary and allowances shall be paid;]
(p) the date on which and the manner in which and the amount of
contribution which every public trust shall pay annually under section
58 and the manner in which the custody and investment of, and the
disbursement and payment from, such fund shall be made under
section 60;
179
[(pi) exemption of any public trust or class of public trusts under
subsection (2) of section 58 and the conditions of exemption;]
(q) the date on which the Deputy or Assistant Charity Commissioner

shall prepare a list of assessors under sub-section (1) and the persons
who may be exempted to serve as assessors under sub-section (2) of
section 62;
(r) the allowances to be paid to assessors under sub-section (5) of sec-

tion 65;
(s) the other powers, duties and functions to be exercised and

performed by a Deputy or Assistant Charity Commissioner under
section 68;
(t) the other powers, duties and functions to be exercised and

performed by the Charity Commissioner under section 69;
(u) the form of appeal and the fee to be paid for filing such appeal
under section 71;
(v) the custody and investment of the money to be credited to the

Public Trusts Administration Fund and the disbursement and payment
therefrom;
(w) any other matter which is to be or may be prescribed under this

Act.
(3) All rules made under this section shall be subject to the condition of
previous publication.
180
[(4) All rules made under this Act shall be laid for not less than thirty days
before the State Legislature as soon as possible after they are made, and shall
be subject to such modifications as the State Legislature may make during the
session in which they are so laid or the session immediately following. The
modifications so made shall be published in the Official Gazette and shall
take effect on and from the date of their publication.]
Repeal. XX of 1863.
85. (1) The Religious Endowments Act, 1863, is hereby repealed.
(2) 181[On the date of the application] of the provisions of this Act to any
public trust or class of public trusts under sub-section (4) of section 1
182
[hereafter in this section referred to as the said date)], the provisions of the
Act specified in 183[Schedule A] which apply to such trust or class of trusts
shall cease to apply to such trust or class of trusts.
(3) 184[Save as otherwise provided in this section, such repeal] or cessation

shall not in any way affect-
(a) any right, title, interest, obligation or liability already acquired,

accrued or incurred before 185[the said date],
(b) any legal proceedings or remedy in respect of such right, title,

interest, obligation or liability, or
(c) anything duly done or suffered before 5[the said date].
45 of 53
186
[(4) Notwithstanding anything contained in sub-section (3) all proceedings XLII of 1923. Bom.
pending before any authority under the Mussalman Wakf Act, 1923 [as XVIII of 1935.
Bom. XXV of
amended by the Mussalman Wakf (Bombay Amendment) Act, 1935], the 1935. Bom. XXIII
of 1936. XLII of
Bombay Public Trusts Registration Act, 1935, or the Parsi Public Trusts 1923. Bom. XVIII
Registration Act, 1936, immediately before the said date shall be transferred of 1935. Bom.
XXV of 1936.
to the Charity Commissioner and any such proceedings shall be continued Bom. XXIII of
and disposed of by the Charity Commissioner or the Deputy or Assistant 1936.
Charity Commissioner as the Charity Commissioner may direct. In disposing
of such proceedings the Charity Commissioner, the Deputy Charity
Commissioner or the Assistant Charity Commissioner, as the case may be,
shall have and exercise the same powers which were vested in and exercised
by the Court under the Mussalman Wakf Act, 1923 [as amended by the
Mussalman Wakf (Bombay Amendment) Act, 1935], and by the Registrars
under the Bombay Public Trusts Registration Act, 1935, and the Parsi Public
Trusts Registration Act, 1936, and shall pass such orders as may be just or
proper.
(5) All records maintained by the authority or court under any of the Act
referred to in sub-section (4) shall be transferred to the Charity Commissioner
or to the Deputy or Assistant Charity Commissioner as the Charity
Commissioner may direct.]
187
[86. (1) On the commencement of this Act in that area of the State to which it is Further repeals and
extended by the Bombay Public Trusts (Unification and Amendment) Act, savings consequent
on commencement
1959— of Bom. XXIX of
1900, in other areas
of State.
(i) the Religious Endowments Act, 1863, as in force in the Saurashtra
and Kutch areas of the State,
Bom. VI of 1960. (ii) the Madhya Pradesh Dharmadaya Funds Act, 1951, as in force in
XX of 1863.
the Vidarbha Region of the State, and
M. P. Act XVIII of (iii) any law relating to public trusts to which Chapter VII-A applies,
1951. to the extent to which it corresponds to the provisions of this Act,
shall stand repealed.
(2) On the date of application of the provisions of this Act to any public trust
or class of public trusts under sub-section (4) of section 1 (hereinafter in this
section referred to as the said date), the provisions of the Acts, specified in
Schedule AA which apply to such trust or class of trusts shall cease to apply
thereto.
(3) Save as otherwise provided in this section, such repeal or cessation shall
not in any way affect-
(a) anything duly done or suffered under the laws hereby repealed or
ceasing to apply before the said date;
(b) any right, title, interest, obligation or liability already acquired,

accrued or incurred before the said date under the laws hereby
repealed or ceasing to apply;
(c) any legal proceedings or remedy in respect of such right, title,

interest, obligation or liability:
Provided that if on the said date, any legal proceeding in respect of

any public trust is pending before any court under any enactment specified in
Schedule AA to which the State Government, Commissioner, Registrar or
any officer of the State Government is a party, the Charity Commissioner,
shall be deemed to be substituted in those proceedings for the State
Government, Commissioner, Registrar or as the case may be, the officer and
such proceedings shall be disposed of by such court:

M. P.I Act XVII of
Provided further that every proceeding pending before any criminal 1951.
court under the Madhya Pradesh Dharmadaya Funds Act, 1951 shall abate on
the repeal of that Act under sub-section (1).
(4) Notwithstanding anything contained in sub-section (3), all proceedings Bom. VI of 1960.
pending immediately before the said date before any athority (other than a
court) under any enactment specified in Schedule AA shall be continued and
disposed of under that enactment as if the Bombay Public Trusts (Unification
and Amendment) Act, 1959, had not been passed.
(5) Notwithstanding the cessation of any enactment specified in Schedule

AA, all arrears of contributions and other sums payable under any such
enactment shall be recoverable under the provisions of this Act, as if they had
been recover able under the provisions of this Act.
M. P. Act, XXX of
(6) All records maintained by Registrars under the Madhya Pradesh Public 1951.
Trusts Act, 1951, shall be transferred to the Charity Commissioner or to the
Deputy or Assistant Charity Commissioner as the Charity Commissioner may
direct.
Act not to apply to
certain wakfs to
87. Nothing contained in this Act shall apply to-
which Act XXIX of
1954 applies or to
Gurudwara
(a) those Wakfs in certain areas of the State to which the provisions of the XXIX of 1954.
governed by Wakf Act, 1954, have continued to apply; or
Hyderabad Act
XXXVII of 1956.
(b) the Nanded Gurudwara, the administration of which is governed by the Hyd. Act XXX VII
of 1956.
Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act,
1956.
Provision for remo- 88. If any difficulty arises in giving effect to the provisions of this Act, the State
val of difficulties.
Government may by an order published in the Official Gazette, do anything not
inconsistent with the provisions of this Act which appears to it to be necessary or
expedient for the purpose of removing the difficulty.]
188
[SCHEDULE A]
(See sections 28, 61189* and 85.)
1. The Charitable and Religious Trusts Act, 1920. XIV of 1920
2. The Mussalman Wakf Act, 1923, as amended by Bombay Act XVIII of 1935. XLII of 1923.
Bom. XXV of
3. The Bombay Public Trusts Registration Act, 1935. 1935.
4. The Parsi Public Trusts Registration Act, 1936. Bom. NXIII of

1936.
5. The Baroda Public Institutions Act (Baroda Act No. VI of Samvat 1961.)
XX of 1863.
6. The Religious Endowments Act, 1863, as applied to the Jamkhandi State in 1890.
7. The Deosthan Rules, 1912, of the Jamkhandi State as amended by Jam- khandi Act
No. I of 1948.
190
[SCHEDULE AA.]
1. The Charitable and Religious Trusts Act, 1920, in its application to the areas of the XIV of 1920.
State other than the area comprised in the pre-Reorganisation State of Bombay.
2. The Savantwadi Devasthan Act, 1932.
47 of 53
3. The (Hyderabad) Endowment Regulation Act, 1349, Fasli.
4. The Madhya Pradesh Public Trusts Act, 1951.] M. P. Act XXX of

1951.
191
[SCHEDULE B.]
Section Descriptions of Documents Value

1 2 3
18(1) Application for the registration of a public trusts Rs. 2
22(1) Report of any change or proposed change in any of the Re. 1

entries recorded in the register kept under section 17.
25(1) Application of any person having interest in a public trust Rs. 2

to the Charity Commissioner to determine which of the
Deputy or Assistant Charity Commissioners shall proceed
with an inquiry under section 19 or 22 in regard to any
public trusts.
29 Application by the executor of a will for the registration Rs. 2

of a public trust created by such will.
192
[36 Application for sanction of the Charity Commissioner for--
(a) Sale, mortgage, exchange or gift or immovable property-
(i) where the value of the property involved does not Rs. 2
exceed Rs. 2,000.
(ii) where the value of the property involved exceeds Rs. 5
Rs. 2000 but does not exceed Rs. 10,000.
(iii) in any other case. Rs. 10
(b) lease of immovable property-
(i) where the average annual rent reserved does not Rs. 2
exceed Rs. 100.
(ii) where the average annual rent reserved exceeds Rs. 5
Rs. 100 but does not exceed Rs. 500.
(iii) in any other case. Rs. 10]
44 Application by the author of a public trust to the Charity Rs. 10
Commissioner for his consent to act as trustee of the
public trust.
45 Application by a person intending to create a public trust Rs. 10

to the Charity Commissioner for his consent to act as
trustee of such trust.
46 Communication by the executor of a will of a testator or theRs. 10

administrator of his estate notifying to the Charity
Commissioner the contents of the will under which he
has been appointed a trustee.
193
[47(1) Application to the Court by the Charity Commissioner or Rs. 10
194
[47AA] any person having interest in a public trust or any trustee
and 47A. of public trust for the appointment of a new trustee
or for the vesting of property or for both.]
47(6) Appeal to the High Court from the decision of the court in Rs. 10
application filed under sub-section (1) of section 47.
SCHEDULE B-Contd.
Section Descriptions of Documents Value

1 2 3
195[50A Application to the Charity Commissioner for framing Rs. 10

or modifying scheme.]
51(1) Application to the Charity Commissioner for consent Rs. 10

to file a suit of the nature specified in section 50.
196[55 Application to the Court for directions Rs. 10
56A Application for opinion, advice or direction Rs. 12.50]
59(3) Appeal to the State Government against the order of Rs. 10

the Charity Commissioner for the payment of contribution
by a bank or person from the money standing to the credit
of the public trust with such bank or person.
70(1) Appeal to the Charity Commissioner against the finding Rs. 10

of Deputy or Assistant Charity Commissioner under
section 20, 22 or 28 or order under sub-section (3)
of section 54.
71(1) Appeal to the Bombay Revenue Tribunal against the Rs. 10

decision of the Charity Commissioner refusing consent
to the institution of a suit.
72(1) Application to the court against the decision of the Rs. 10

Charity Commissioner under section 40, 41 or 70 or on
the question whether a trust exists and whether such trust
is a public trust or whether any property is the
property of such trust.
72(4) Appeal to the High Court against the decision of the Rs. 10
Court tinder sub-section (2) of section 72.
Mukhtarnama or Wakalatnama when presented for the Re. 1

conduct of any inquiry, appeal or other proceeding to the
Charity Commissioner, or the Deputy or Assistant
Charity Commissioner.
197[Application to the Charity Commissioner or the Rs. 3

Deputy or Assistant Charity Commissioner for copies
under the Act.
Any other application or petition presented to the Re. 1

Charity Commissioner or the Deputy or Assistant
Charity Commissioner.].
-----------------------------
49 of 53
1
For Statement of Objects and Reasons, see Bombay Government Gazette, 1949, Part V, pp. 235-
239.

This order was published in 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 sub-section was substituted for the original by Bom. 6 of 1960, s. 3(a).
3
These words were substituted for the words "State of Bombay" by the Gujarat Adaptation of
Laws (State and Concurrent Subjects) Order, 1960.
4
These words were substituted for the words "class of Public Trusts" by Bom. 6 of 1960, s. 3(b).
5
These clauses were inserted by Bom. 6 of 1960, s. 4.
6
This word was substituted for the word "means" by Bom. 28 of 1953, s. 2.
7
These words were inserted by Bom. 14 of 1951, s. 2.
8
Clause (16) was deleted by Bom. 39 of 1951, s. 2 First Schedule.
9
Section 2B was inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects)
Order, 1960.
10
These words were substituted for the words "Each of the State Government of Bom bay and
Mysore" by Bom. 6 of 1960, s. 6(a).
11
These words were substituted for the words "throughout that part of the State to which the Act
extends" by Bom. 6 of 1960, s. 6(b).
12
Proviso was added by the Bombay Charity Commissioner (Regional Reorganisation) Order,
1960, Sch.
13
This section was inserted by Bom. 6 of 1960, s. 7.
16
These words were added, by Bom. 6 of 1960, s. 8(b).
14
This section was substituted for the original by Bom. 14 of 1951, a. 3.
15
These words were substituted for the words "The Charity Commissioner shall be a person" by
Bom. 6 of 1960, s. 8 (a).
17
These sub-sections were substituted, by Bom. 6 of 1960, s. 9.
18
These words were substituted for the portion beginning with the words "To aid the Charity
Commissioner" and ending with the words "such designations" by Bom. 6 of 1960, s. 10(a).
19
This proviso was added by Bom. 47 of 1950, s. 2.
20
These words were inserted by Bom. 6 of 1960, s. 10(b).
21
Sections 6A and 6B were inserted by Bom. 47 of 1950, s. 3.
22
These words were substituted for the words "The Charity Commissioner" by the Bombay
Charity Commissioner (Regional Reorganisation) Order, 1960, Sch.
23
These words were inserted by Bom. 6 of 1960, s. 11 (a).
24
These words were inserted, by Bom. 6 of 1960, s. 11 (b).
25
These words were inserted by Bom. 6 of 1960, s. 11 (a).
26
These words were inserted, by Bom. 6 of 1960, s. 11 (b).
27
These words were added by Bom. 14 of 1951, s. 5.
28
This clause was inserted by Bom. 23 of 1955, s. 2(1).
29
This sub-section was added, by Bom. 23 of 1955, s. 2(2).
30
These words and figures were substituted for the portion beginning with the words "to the
following officers and authorities" and ending with the words and figures "the Bombay Provincial
Municipal Corporations Act, 1949 within the local limits of which such immovable property is
situate" by Bom. 6 of 1960, s. 12.
31
This clause was substituted for the original by Bom. 14 of 1951, s. 6.
32
These words were added by Bom. 28 of 1953, s. 3.
33
34
This sub-section was added by Bom. 6 of 1960, s. 13(a).
35
36
This sub-section was added by Bom. 6 of 1960, s. 13(b).
37
38
Sections 22B and 22C were inserted by Bom. 23 of 1955, s. 3.
39
Section 22C was renumbered as sub-section (1) of that section by Bom. 6 of 1960, s. 14(1).
40
These words, figures and letter were substituted for the word and figures "section 28", by Bom.
6 of 1960, s. 14(1)(a).
41
These words, brackets and figures were substituted for the portion beginning with the words
"officers and authorities" and ending with the word, figures and letter "section 28B", by Bom. 6 of
1960, s. 14(1)(b).
42
This sub-section was added, by Bom. 6 of 1960, B. 14(2).
43
This word and letter were substituted for the words "the Schedule" by Bom. 14 of 1951, s. 8(i)
44
These words and letters were inserted by Bom. 6 of 1960, s. 15.
45
These words were substituted for the words "the trust property or the substantial portion of the
trust property is situate" by Bom. 14 of 1951, s. 8(ii).
46
47
Clauses (ii) and (iii) were deleted by Bom. 6 of 1960, s. 16.
47
Clauses (ii) and (iii) were deleted by Bom. 6 of 1960, s. 16.
48
These words were inserted by Bom. 14 of 1951, s. 9(i).
49
This proviso was added, by Bom. 14 of 1951, s. 9(ii).
51
The words "and script's" were deleted, by Bom. 14 of 1951.
50
The words "or scrip" were deleted by Bom. 39 of 1951, s. 2, First Schedule.
52
These words, figures and letter were inserted by Bom. 23 of 1055, s. 5(1).
53
This explanation was added by Bom. 23 of 1956, 8. 5(2).
54
The words "which has been registered under this Act" were deleted by Bom. 0 of 1960, s. 18.
55
These words and figures were substituted for the original words by Bom. 14 of 1951 s. 10.
56
This word was substituted for the word "manager" by Bom. 28 of 1953, s. 4(1).
57
The brackets and letter "(a)" were inserted by Bom. 28 of 1953, s. 4(2).
58
This word and clause (b) were added, by Bom. 28 of 1953.
59
Section 35 was renumbered as sub-section (1) of that section by Bom. 59 of 1954, s. 3.
60
This portion was substituted for the original, by Bom. 59 of 1954, s. 3(1).
61
These words were substituted for the words and. letters "a Part A State or Part C State" by the
Bombay Public Trusts (Corporations) Order, 1959.
62
This sub-section was inserted by Bom. 59 of 1954, s. 3(2).
63
These words were substituted for the word "realized" by Bom. 6 of 1960, s. 19.
64
Section 36 was renumbered as sub-section (1) of that section by Guj. 31 of 1963, s. 2.
65
These words were substituted for the words "Subject to the directions in the instrument of trust" by Bom. 6 of 1960, s. 20.
66
These sub-sections were inserted by Guj. 31 of 1963, s. 2.
67
Section 37 was renumbered as sub-section (1) of that section by Bom. 6 of 1960, s. 21.
68
These words were substituted for the words "any book or account in the possession of or under
the control of the trustees" by Guj. 31 of 1962, s. 2(1).
69
This sub-section was added by Bom. 6 of 1960, s. 21.
70
These words brackets and figure were substituted for the words "or any other person in charge
of the public trust" by Guj. 31 of 1962, s. 2(2).
71
These words and figures were inserted by Bom. 28 of 1953, s. 5.
72
Section 39 was substituted for the original by Guj. 31 of 1962 s. 3. 6.
73
These words were substituted for the words "breach of trust" by Guj. 31 of 1962, s. 4.
74
Section 41A was inserted by Guj. 31 of 1962, s. 5.
75
Charity Commissioner (Regional Reorganisation) Order, 1960, read with Schedule thereto.
76
This section was renumbered as sub-section (1) by the Bombay Public Trusts (Corporations)
Order, 1959.
77
The brackets and figure "(1)" were deleted by Bom. 6 of 1960, s. 22(a).
78
Charity Commissioner (Regional Reorganisation) Order, 1960, read with Schedule thereto.

See Section 2B of this Act.
79
These words were substituted for the words "the State of Bombay" by the Bombay Public Trust
(Corporations) Order, 1959.
80
Sub-section (2) was deleted by Bom. 6 of 1960, s. 22(b).
81
This word was substituted for the word "or" by Bom. 14 of 1951, s. 11.
82
These words were substituted for the word "after", by Bom. 14 of 1951, s. 12(i).
83
This proviso was added by Bom. 14 of 1951, s. 12(ii).
84
These words were substituted for the words' "may appoint" by Bom. 28 of 1953, s. 7(1).
85
This word was substituted for the Word "decision", by Bom. 28 of 1953, s. 7(2).
86
87
These words, brackets and figures were inserted by Guj: 31 of 1963, s. 3.
88
Section 47A was inserted by Bom. 28 of 1953, s. 8.
89
These words, figures and letters were inserted by Bom. 6 of 1960, s. 24.
90
Section 47B was inserted by Bom. 59 of 1954, s. 4.
91
These figures, word and letters were substituted for the word and figures "or 47" by Bom. 6 of
1960, s. 25.
93
These words were substituted for the portion beginning with the words "where a declaration"
and ending with the words "the possession of such property" by Bom. 6 of 1960, s. 26 (a).
94
These words were inserted by Bom. 23 of 1955, s. 6(1).
95
These words were inserted by Bom. 6 of 1960, s. 26(b).
96
These words were added by Bom. 23 of 1955, s. 6(2).
97
Clause (cc) was inserted by Bom. 28 of 1953, s. 9.
98
This proviso was added by Bom. 6 of 1960, s. 26 (c).
99
100
Sub-section (2A) was inserted by Guj. 31 of 1962, 8. 6.

See section 2B of this Act.

101
Section 52 was renumbered as sub-section (1) of that section by Bom. 28 of 1953, s. 10 (1).
102
This portion was added by Bom. 14 of 1951, s. 13.
103
The brackets, figure and word "(2) If" were substituted for the words "Provided that if" by
Bom. 28 of 1953, s. 10(1).
104
These words were substituted for the words "Any Court including the High Court" by Bom. 28
of 1953, s. 10(2).
105
Sub-section (3) was inserted, by Bom. 28 of 1953, s. 10(3).
51 of 53
106
This section was inserted by Bom. 23 of 1955, s. 7
107
These words were substituted for the words "such will" by Bom. 28 of 1963, s. 11.
108
These brackets and words were inserted by Bom. 14 of 1951, s. 14(i).
109
Sub-section (4) was added by Bom. 14 of 1951, s. 14(ii).
110
These words were substituted for the words "If at any time" by Bom. 28 of 1953, s. 12(i).
111
These words were substituted for the words "it is not in public interest" by Bom. 59 of 1954, s.
5.
112
These words were substituted for the words "give notice in writing to, the trustees to apply to
the Court within the time prescribed for directions" by Bom. 28 of 1953, s. 12(ii).
113
These words were substituted for the words "or necessary" by Bom. 59 of 1954 s. 6.
114
115
These words were substituted for the words "State of Bombay" by the Gujarat Adaptation of
Laws (State and" Concurrent Subjects) Order, 1960.
116
This Chapter was inserted by Bom. 6 of 1960, s. 29.
117
These words were substituted for the words "Bombay Legislative Assembly or the Bombay
Legislative Council" by the Gujarat Adaptation of Laws (State and Concurrent Subjects), Order.
1960, Para 7.
118
These figures and letter were inserted by Guj. 31 of 1963, s. 4.
119
Sub-section (1) was substituted for the original by Bom. 6 of 1960, s. 30.
120
These words and figures were substituted for the words "this Act" by the Bombay Public Trusts
(Corporations) Order, 1959.
121
These words and figures were inserted by Bombay Chanty Commissioner (Regional
Reorganisation) Order, 1960. Sch.
122
Section 58 was re-numbered as sub-section (1) of that section by Guj. 36 of 1961, s. 2.
123
This proviso was substituted for the original by Bom. 14 of 1951, s. 15(1).
124
This explanation was added, by Bom. 14 of 1951, s. 16(2).
125
Sub-section (2) of section 68 shall be and shall be deemed always to have been inserted by Guj.
36 of 1961, s. 2.
126
These words were inserted, by Bom. 14 of 1951, s. 16.
127
This word and letter was substituted for the word "the Schedule" by Bom. 14 of 1951, s. 17.
128
These words and letters were inserted by Bom. 6 of 1960, s. 3l(a).
129
These words were substituted for the words "the State Government may direct" by Bom. 6 of
1960, s. 31 (b).
130
These words were inserted, by Bom. 6 of 1960, s. 31 (c).
131
These words were substituted for the words "the Deputy" by Bom. 6 of 1960, s. 32.
132
Clause (a) was substituted for the original by Bom. 28 of 1953, 8. 14 (1).
133
Clause (b) was deleted, by Bom. 28 of 1953, s. 14(2).
134
This proviso was added by Bom. 28 of 1953, s. 14(3).
135
These words were substituted for the words "the Deputy" by Bom. 6 of 1960, s. 33(a).
136
These words were substituted for the words "the Deputy", by Bom. 6 of 1960, s. 33(b)(i).
137
These words were inserted, by Bom. 6 of 1960, s. 33(b)(ii).
138
This proviso was added by Guj. 31 of 1963, s. 5.
139
These entries were substituted for the original by Bom. 23 of 1955, s. 8(1).
140
These entries were inserted, by Bom. 23 of 1955, s. 8(2).
141
The entry relating to section 27 was deleted by Bom. 39 of 1951, s. 2, First Schedule.
142
143
144
This proviso was added by Guj. 31 of 1963, a. 6.
145
This clause was inserted by Bom. 6 of 1960, s. 35.
146
These words were substituted for the words "account or" by Guj. 31 of 1962. s. 7.
147
These words were substituted for the words "power to act" by the Bombay Charity Com
missioner (Regional Reorganisation) Order, 1960, Sch.
148
This clause was inserted by Bom. 6 of 1960, a. 36.
149
These words were substituted for the words "against the finding" by Bom. 28 of 1963, s. 15(i).
150
These words were inserted, by Bom. 28 of 1963, s. 15(ii).
151
This clause was inserted by Bom. 69 of 1954, s. 7.
152
Section 70A was inserted, by Bom. 69 of 1954, s. 8.




157
These figures, letters and word were substituted for the figures and word "41 or 70" by Bom. 6
of 1960, s. 37 (c).
153
These figures and letter were inserted by Bom. 6 of 1960, s. 37(a).
154
These figures, words and letter were substituted for the word and figures "or 70" by Bom. 59 of
1954, s. 9(1).
155
These words were substituted for the words "whether a trust is a public trust" by Bom. 14 of
1951, s. 19(i).
156
The words and figures "under Chapter IV" were deleted by Bom. 14 of 1951, s. 19(ii).
158
This sub-section was inserted by Bom. 59 of 1954, s. 9(2).
159
These words were substituted for the words "such evidence as it thinks necessary" by Bom. 59
of 1954, s. 9(3).
160
This Explanation was added by Bom. 6 of 1960, s. 37(b).
161
These words were inserted by Guj. 31 of 1962, s. 8.
162
These words were substituted for the words "such appeals", by Guj. 31 of 1962.
163
These words were inserted by Bom. 6 of 1960, a. 38.
167
These figures and letters were substituted for the figures, letters and word "41, 48, 79A or 79C"
by Bom. 21 of 1954, s. 3, Second Schedule.
164
These figures were inserted by Bom. 28 of 1953, s. 16(a).
165
These figures, letters and word were substituted for the word and figures "or 48" by Bom. 14 of
1951, s. 20.
166
The figures, letters and words "79C or 79CC" were substituted for the word, figures and letter
"or 79C" by Bom. 28 of 1953, s. 16(b).
168
These words were substituted for the original by Bom. 14 of 1951, s. 21(1).
169
These words were substituted for the words "in appeal", by Bom. 14 of 1951, s. 21(2)(i)
170
The word "farther" was deleted, by Bom. 14 of 1951, s. 21(2)(ii).
171
Sections 79A to 79D were inserted, by Bom. 14 of 1951, s. 22,
172
Section 79CC was inserted by Bom. 28 of 1953, s. 17.

Set section 2B of this Act.
173
This clause was inserted by Bom. 6 of 1960, s. 39(a).
174
This word was substituted for the words "Deputy or Assistant Charity Commissioner" by Bom.
47 of 1950, s. 4.
175
Clause (j) was inserted by Bom. 23 of 1955, s. 9.
176
These words were substituted for the portion beginning with the words "in the registers" and
ending with the words from such registers" by Bom. 6 of 1960, s. 39(b).
177
This clause was inserted, by Bom. 6 of 1960, s. 39(c).
178
These clauses were inserted, by Bom. 6 of 1960, s. 39 (d).
179
Clause (pi) was inserted by Guj. 36 of 1961, s. 3(1).
180
This sub-section was inserted, by Guj. 36 of 1961, s. 3(2).
181
These words were substituted for the words "on the aupplication" by Bom. 28 of 1953, s. 18(1).
182
These brackets and words were inserted, by Bom. 28 of 1953.
183
These words and letter were substituted for the words "the Schedule" by Bom. 14 of 1951, s.
17.
184
These words were substituted for the words "Such repeal" by Bom. 28 of 1953, s. 18(2).
185
These words were substituted for the words "the date of the application of this Act", by Bom.
28 of 1953.
186
Sub-sections (4) and (5) were added, by Bom. 28 of 1953, s. 18(3).
187
These sections were added by Bom. 6 of 1960, s. 40.
188
This word and letter were substituted for the word "Schedule" by Bom. 14 of 1951, s. 23.
189
The comma and figures "64," were deleted by Bom. 21 of 19S4, s. 3, Second Schedule.
190
This Schedule was inserted by Bom. 6 of 1960., s. 41.
191
This Schedule was inserted by Bom. 14 of 1951, s. 23.
192
This entry was substituted for the original by Bom. 28 of 1953, s. 19(1).
193
This entry was substituted for the original by Bom. 28 of 1953, s. 19(2).
194
These figures and letters were inserted by Bom. 6 of 1960, s. 42(a).
195
This entry was inserted by Bom. 6 of 1960, s. 42(b).
196
These entries were inserted, by Bom. 6 of 1960, s. 42(c).

See section 2B of this Act
197
This entry was inserted by Bom. 28 of 1953, s. 19(3).
53 of 53

Bombay Act No. XXIX of 1950

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The Bombay Public Trusts Act, 1950

LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT

Bombay Act No. XXIX of 1950

The Bombay Public Trusts Act, 1950

(As modified upto the 31st May, 2012)

THE BOMBAY PUBLIC TRUSTS ACT, 1950.

1. Short title, extent, operation and application.

3A. Joint Charity Commissioners.

4. Qualifications for appointment of Charity Commissioner.

5. Deputy and Assistant Charity Commissioners.

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

10. Public trust not to be void on ground of uncertainty.

12. Public trust not void on ground of absence of obligation.

14. Regions and sub-regions.

15. Public Trusts Registration Offices.

16. Deputy or Assistant Charity Commissioner to be in charge of Public Trusts

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.

22A. Further inquiry by Deputy or Assistant Charity Commissioner.

22C. Registration of particulars of immovable property of trusts already registered

24. Stay of inquiry.

26. Court to forward copy of decision to Charity Commissioner.

28. Public trusts previously registered under enactments specified in Schedule.

28A. Copy of entries relating to immovable property to be sent to sub-registrar,

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.

32. Maintenance of Accounts.

33. Balancing and auditing of accounts.

35. Investment of public trust money.

36. Alienation of immovable property of public trust.

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

42. Charity Commissioner to be Corporation sole.

43. Charity Commissioner to be Treasurer of Charitable Endowments under Act,

44. Charity Commissioner can act as trustee of public trusts.

45. Charity Commissioner may with consent be appointed trustee of settlement

46. Appointment of Charity Commissioner as trustee under will.

47A. Power to Court to vest property in new trustee.

47AA. Power of Charity Commissioner to apply to Court for appointment of new

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

53. Bequest under will for benefit of public trust.

56. Court's power to hear application.

56A. Powers of trustee to apply for directions.

56B. Proceedings involving question affecting public charitable or religious