Bombay Public Trusts Act, 1950
[Bombay Act No. XXIX of 19501]
Preamble
[This Act received assent of the President on the 31st May, 1950; assent was first published in the Maharashtra Government Gazette, Part IV, on the 14th August, 1950.]
| Amended by Bom. 47 of 1950 | Amended by Bom. 28 of 1953. |
| " " "14 of 1951. | " " " 21 of 1954. |
| " " " 39 of 1951. | " " "59 of 1954. |
|
| " " " 23 of 1955. |
Adapted and modified by the Bombay Public Trusts (Corporations) Order, 1959.@ Amended by Bom. 6 of 1960.
Adapted and modified by the Bombay Charity Commissioner (Regional Reorganisations) Order, 1960.
Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
Adapted and modified by the Treasurer of Charitable Endowments, Bombay (Reconstitution) Order, 1962.†
| Amended by Mah. 29 of 1962 | Amended by Mah. 22 of 1967.‡ |
| " " " 6 of 1964 | " " " 20 of 1971. |
| " " " 39 of 1965. | " " " 40 of 1973 (1-11-1973).* |
Amended by Mah. 32 of 1975 (1-2-1977).*
| " | " | " | 35 of 1977 † ‡ (1-4-1197).* |
| " | " | " | 10 of 1978 |
| " | " | " | 43 of 1981 § (1-8-1981).* |
| " | " | " | 29 of 1983 @ (17-5-1983).* |
| " | " | " | 8 of 1985 (1-8-1986).* |
| " | " | " | 39 of 1997 (6-8-1997).* |
| " | " | " | 49 of 2005 (16-9-2005).* |
| " | " | " | 23 of 2007 (1-8-2007).* |
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 provisions for the administration of public religious and charitable trusts in the State of Bombay: It is hereby enacted as follows:--
Footnotes:
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1949, Part V, pp. 235-39.
@ This order was published by Government of India, Ministry of Home Affairs, Notifications No. F. 8/15/57-SR(R)-5, dated 21st March, 1959. It came into force on 1st April, 1959.
† This order was published by Government of India, Ministry of Home Affairs, Order No. 8/12/61-SR(R), dated 30th January, 1962. It came into force on 1st May, 1962.
‡ Section 11 of Mah. 22 of 1967 read as under:--
"11. Saving
The provisions of the Principal Act as amended by this Act (other than section 3 thereof) shall not apply to, or affect, any proceedings referred to in section 64 of the principal Act in which, the Charity Commissioner or the Deputy or Assistant Charity Commissioner, as the case may be, has summoned the Assessors to aid and assist him and has begun the inquiry prior to the date of the commencement of this Act. and such proceedings are pending on that date, and every such proceeding shall be continued and disposed of as if this Act has not been passed; but save as aforesaid, the principal Act and the amendment made thereto by this Act (other than section 3 thereof) shall apply to all proceedings referred to in the said section 64 instituted on or after the date of commencement of this Act."
* This indicated the date of commencement of Act.
† Maharashtra Ordinance No. IV of 1977 was repealed by Mah. 35 of 1977, s. 9.
‡ Sections 3 and 8 of Mah. 35 of 1977 read as follows:--
"3. Validation of contribution levied or not levied during certain periods from let April, 1970 till 31st March, 1977.
(1) Notwithstanding anything contained in any Judgment, decree or order of any Court, any contribution to the Public Trusts Administration Fund levied and collected from the public trusts for the period from the 15th December, 1973 to the 14th December, 1975 (both inclusive) at the rate of five per cent of the gross annual income or the gross annual collection or receipt, as the case may be, shall be deemed to have been validly levied and collected under rule 22 read with Schedule IX-C of the Bombay Public Trusts Rules, 1951 as re-enacted by the last preceding section of this Act. Any action taken or anything done for levying, demanding or collecting contribution from any Public Trust for the said period at the said rate shall be deemed to be, and shall be deemed always to have been, validly taken or done and shall not be called in question in any Court or before any authority, merely on the ground that there was no valid rule or Schedule made or in force or that the amendments thereto were not validly made or were not in force or that the amendments did not fit in the rule or Schedule or did not form part of the rule or Schedule or on such other ground.
(2) Notwithstanding anything contained in section 58 of the Bombay Public Trusts Act, 1950 or the rules made or deemed to be re-enacted thereunder, no contribution to the Public Trusts Administration Fund shall be payable by any public trust on the basis of amounts received, collected or earned by the Public Trust during the periods from the 1st April, 1970 to the 14th December 1973 (both inclusive) and from the 15th December, 1975 to the 31st March, 1977 (both inclusive).
(3) Notwithstanding anything contained in sub-sections (1) and (2), the contribution to the Public Trusts Administration Fund, if any, paid from time to time by any public trust for any part or parts of the period from the 1st April, 1970 to the 31st March, 1977, in excess of the amount due and payable by such trust, shall be adjusted towards the contribution due and payable by that trust--
(a) for the period or periods upto and inclusive of the 31st March, 1970;
(b) for the part or parts of the period from the 1st April, 1970 upto and inclusive of the 1st March, 1977; or
(c) for the period from the 1st April, 1977 upto and inclusive of the 31st March, 1978 as the case may require.
After making such adjustment, if any, amount is found to have been paid in excess the same shall be refunded to the public trust.
8. Saving
Nothing in this Act shall render any person liable to be prosecuted for or convicted of any offence in respect of anything done or omitted to be done by him before the 1st April, 1977 if such act or omission was not an offence under the Principal Act or the rules made thereunder but for the amendments and other provisions made by this Act."
§ Maharashtra Ordinance No. X of 1981 was repealed by Mah. 43 of 1981, s. 4.
@ Maharashtra Ordinance No. IX of 1983 was repealed by Mah. 2 of 1983, s. 5.
Chapter: I - PRELIMINARY
Section 1 - Short title, extent, operation and application
(1) This Act may be called the Bombay Public Trusts Act, 1950.
1[(2) It shall extend to the whole of the 2[State of Maharashtra].
(3) This Act shall come into force at once; but the provisions thereof shall apply to a public trust or any class of public trusts on the dates specified in the notification under sub-section (4).
(4) The State Government may, by notification in the Official Gazette, specify the date on which the provisions of this Act shall apply to any public trust or any 3[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 4[from all or any of the provisions of this Act, subject to such conditions as may be specified in the notification]:
Provided further that before a notification of such application or exemption is published a draft thereof shall be published in the Official Gazette and in such other manner as may be prescribed for the information of persons likely to be affected thereby together with a notice specifying the date on or before which any objections or suggestions shall be received and the date on or after which the draft shall be taken into consideration.
Footnotes:
1 This sub-section was substituted for the original by Bom. 6 of 1960, s. 3(a).
2 These words were substituted for the words "State of Bombay" by the Maharashtra Adaptation of Law (State and Concurrent Subject) Order, 1960.
3 These words were substituted for the words "class of public trusts" by Bom. 6 of 1960, s. 3(b).
4 These words were substituted for the words "from the provisions of this Act" by Man. 20 of 1971, s. 2.
Section 2 - Definitions
In this Act unless there is anything repugnant in the subject or context,--
1[* * *]
(2) "Assistant Charity Commissioner" means an Assistant Charity Commissioner 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 elsewhere, the District Court;
(5) "Deputy Charity Commissioner" means the Deputy Charity Commissioner appointed under section 5;
2[(5A) "Director of Accounts" and "Assistant Director of Accounts" means respectively the Director of Accounts and Assistant Director of Accounts appointed under section 6 of this Act;]
(6) "Hindu" includes Jain, Buddhist and Sikh;
(7) "Inspector" means an Inspector appointed under section 6;
3[(7A) "Instrument of trust" means the instrument by which the trust is created by the author of the trust 4[and includes any scheme framed by a competent authority or any memorandum of association and rules and regulations of a society registered under the Societies Registration Act, 1860, in its application to the State of Maharashtra.]
(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 mutawalli of such wakf;
(c) in the case of a society registered under the Societies Registration Act, 1860, its governing body, 5[whether or not the property of the society is vested in a trustee];
(9) "math" means an institution for the promotion of the Hindu religion...
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