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Maharashtra Public Trusts Act.

Maharashtra
Act number
29 of 1950
Ministry
Govt of Maharashtra
Department
Law and Judiciary Department
Enacted
14 Aug 1950

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

144 sections

  1. Section 1Short title, extent, operation and application.
  2. Section 2Definitions.
  3. Section 2ADeleted.
  4. Section 3Charity Commissioner.
  5. Section 3AJoint Charity Commissioners.
  6. Section 4Qualifications for appointment of Charity Commissioner and Joint Charity Commissioner.
  7. Section 5Deputy and Assistant Charity Commissioners.
  8. Section 6Subordinate officers.
  9. Section 6ACharity Commissioner and other officers to be servants of State Government.
  10. Section 6BCost of pay, pension, etc. of Charity Commissioner, etc., to be paid to Government out of the Public Trusts Administration Fund.
  11. Section 7Deleted.
  12. Section 8Delegations.
  13. Section 9Charitable purposes.
  14. Section 10Public trust not be void on ground of uncertainty.
  15. Section 11Public trust not void on ground that it is void for non-charitable or non- religious purpose.
  16. Section 12Public trust not void on ground of absence of obligation.
  17. Section 13Public trust not void on failure of specific object or society, etc. ceasing to exist.
  18. Section 14Regions and sub-regions.
  19. Section 15Public Trusts Registration Offices.
  20. Section 15APower to set up offices in district.
  21. Section 16Deputy or Assistant Charity Commissioner to be in charge of Public Trusts Registration Office.
  22. Section 17Books, indices and registers.
  23. Section 18Registration of public trusts.
  24. Section 19Inquiry for registration.
  25. Section 20Findings of Deputy or Assistant Charity Commissioners.
  26. Section 21Entries in register.
  27. Section 22Change.
  28. Section 22AFurther inquiry by Deputy or Assistant Charity Commissioner.
  29. Section 22BRegistration of trust property in the name of public trust, which has already been registered, etc.
  30. Section 22CRegistration of particulars of immoveable property of trusts already registered with certain officers and authorities.
  31. Section 23Procedure where trust property is situate in several regions or sub-regions.
  32. Section 24Stay of inquiry.
  33. Section 25Inquiry regarding public trust not to be held by more than one Deputy or Assistant Charity Commissioner.
  34. Section 26Entries in register to be made or amended in certain cases.
  35. Section 27Repealed.
  36. Section 28Public trust previously registered under enactments specified in Schedule.
  37. Section 28ACopy of entries relating to property to be sent to sub-registrar.
  38. Section 28BDeleted.
  39. Section 29Public trust created by will.
  40. Section 30Notice of particulars of immovable property entered in register.
  41. Section 31Bar to hear or decide suits.
  42. Section 31ATrustees of certain trusts to submit budget to Charity Commissioner.
  43. Section 32Maintenance of accounts.
  44. Section 33Balancing and auditing of accounts.
  45. Section 34Auditor’s duty to prepare balance sheet and to report irregularities, etc.
  46. Section 35Investment of public trust money.
  47. Section 36Alienation of immovable property of public trust.
  48. Section 36APowers and duties of, and restrictions on trustees.
  49. Section 36BRegister of moveable and immoveable properties.
  50. Section 37Power of inspection and supervision.
  51. Section 38Explanation on reports of auditor or on complaint.
  52. Section 39Report to Charity Commissioner.
  53. Section 40Power of Charity Commissioner to issue orders on report received under section 39 or to remand matter, etc.
  54. Section 41Order of surcharge.
  55. Section 41APower of Commissioner to issue direction for proper administration of the trust.
  56. Section 41AAPower of Charity Commissioner and State Government to issue directions in respect of hospitals, etc. to earmark certain beds, etc. for poorer patients to be treated free of charge or at concessional rates.
  57. Section 41BPower to institute inquiries.
  58. Section 41CPersons (other than public trust) collecting money, subscription or donation, etc.
  59. Section 41DSuspension, removal and dismissal of trustees.
  60. Section 41EPower to act for protection of charities.
  61. Section 41FAttachment of property in certain cases.
  62. Section 42Charity Commissioner to be corporation sole.
  63. Section 43Maharashtra Charity Commissioner to be Treasurer of Charitable Endowments under Act 6 of 1890.
  64. Section 44Deleted by Mah. 20 of 1971, s. 31.
  65. Section 45Deleted by Mah. 20 of 1971, s. 31.
  66. Section 46Deleted by Mah. 20 of 1971, s. 31.
  67. Section 47Power of Charity Commissioner to appoint, suspend, remove or discharge trustees and to vest property in new trustees.
  68. Section 47AADeleted by Mah. 20 of 1971, s. 33.
  69. Section 47ADeleted by Mah. 20 of 1971, s. 33.
  70. Section 47BDeleted by Mah. 20 of 1971, s. 33.
  71. Section 48Deleted by Mah. 20 of 1971, s. 33.
  72. Section 49Deleted by Mah. 20 of 1971, s. 33.
  73. Section 50Suit by or against or relating to public trusts or others.
  74. Section 50APower of Charity Commissioner to frame, amalgamate or modify schemes.
  75. Section 51Consent of Charity Commissioner for institution of suit.
  76. Section 52Non-application of section 92 and 93 of Civil Procedure Code to public trusts.
  77. Section 52ASuit against assignee for valuable consideration not barred by time.
  78. Section 53Bequest under will for benefit of public trust.
  79. Section 54Dharmada.
  80. Section 55Cypres.
  81. Section 56Deleted by Mah. 55 of 2017, s. 17.
  82. Section 56ADeleted by Mah. 55 of 2017, s. 18.
  83. Section 56BProceedings involving question affecting public charitable or religious purpose.
  84. Section 56CProvisions of Chapter VII-A to apply to certain endowments.
  85. Section 56DVesting or transfer of management, of certain endowments.
  86. Section 56ECommittees of Management.
  87. Section 56FTerm of office of members of committee.
  88. Section 56GDisqualification of membership.
  89. Section 56HPower of Government to appoint new member.
  90. Section 56IChairman and treasurer of committee.
  91. Section 56JMeeting of and procedure for committee.
  92. Section 56KPower of Committee to appoint sub-committees.
  93. Section 56LSecretary and other officers of committee.
  94. Section 56MTerms and conditions of service of Secretary and other servants.
  95. Section 56NGeneral duties of committee.
  96. Section 56OAct of Committees not invalid by reason of vacancy or defect.
  97. Section 56PPower of State Government to issue directions.
  98. Section 56QPower of Charity Commissioner to require duties of committee to be performed and to direct expenses in respect thereof to be paid from fund of committee, etc.
  99. Section 56QQManagement Fund.
  100. Section 56RPower to supersede a committee.
  101. Section 56RRPower of removal of members of committee and appointment of Administrator temporarily.
  102. Section 56SPower to make regulations.
  103. Section 56TNon-application of certain provision of this Act to endowments.
  104. Section 57Public Trusts Administration Fund.
  105. Section 58Contribution by public trusts to Public Trusts Administration Fund.
  106. Section 59Penalties as recovery of contribution.
  107. Section 60Application of Public Trusts Administration Fund.
  108. Section 61State Government to direct crediting of funds constituted under any Act in Schedule to Public Trusts Administration Fund constituted under this chapter.
  109. Section 66Penalty.
  110. Section 66APunishment for contravention of provision of section 36.
  111. Section 66BPunishment for contravention of provision of section 41AA.
  112. Section 66CPunishment for contravention of section 41C.
  113. Section 67Other offences.
  114. Section 67ACompounding of offence.
  115. Section 68Duties, functions and powers of Deputy or Assistant Charity Commissioner.
  116. Section 69Duties, functions and powers of Charity Commissioner.
  117. Section 70Appeals from findings of Deputy or Assistant Charity Commissioner.
  118. Section 70ACharity Commissioner to call for and examine record and proceedings before Deputy or Assistant Charity Commissioner.
  119. Section 71Deleted by Mah. 55 of 2017, s. 23.
  120. Section 72Deleted by Mah. 55 of 2017, s. 24.
  121. Section 73Officers holding inquiries to have powers of civil court.
  122. Section 73APower of Inquiry Officers to join persons as party to proceedings.
  123. Section 74Inquiries to be judicial inquiries.
  124. Section 74ACharity Commissioner, Joint Charity Commissioner, Deputy or Assistant Charity Commissioner, etc., to be civil court within sections 345 and 346 of Criminal Procedure Code, 1973.
  125. Section 75Limitation.
  126. Section 76Civil Procedure Code to apply to proceedings before Court under this Act.
  127. Section 77Recovery of sums due under the Act and rules.
  128. Section 78Charity Commissioner and other officers to be public servants.
  129. Section 79Decision of property as public trust property.
  130. Section 79AAPower to finalise reconstructed record.
  131. Section 79ARecovery of costs and expenses incurred on legal proceedings by Charity Commissioner, etc.
  132. Section 79BCosts of proceedings before Courts including High Court.
  133. Section 79CCosts of proceedings before Charity Commissioner, etc.
  134. Section 79CCCompensatory costs for frivolous or vexatious proceedings before Charity Commissioner, etc.
  135. Section 79DCourt-fee to be paid as prescribed by Schedule B.
  136. Section 80Bar of jurisdiction.
  137. Section 81Indemnity from suits and proceedings.
  138. Section 82Trial of offences under this Act.
  139. Section 83Previous sanction of Charity Commissioner necessary for prosecution.
  140. Section 84Rules.
  141. Section 85Repeal.
  142. Section 86Further repeals and savings consequent on commencement of Bom. XXIX of 1950 in other areas of State.
  143. Section 87Act not to apply to certain wakf to which Act XXIX of 1954 applies or to Gurudwara governed by Hyderabad Act XXXVII of 1956.
  144. Section 88Provision for removal of difficulties.