The Bombay Public Trusts (Gujarat Amendment) Act, 1961

1. (1) This Act may be called the Bombay Public Trusts (Gujarat Amendment) Act, 1962.
2. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette appoint.

In section 37 of the Bombay Public Trusts Act, 1950 (hereinafter referred to as "the principal Act").

1. (1) in sub-section (1), in clause (A), for the words " any book or account in the possession of or under the control of the trustees" the words "any books of account or documents in the possession, or under the control, of the trustees or any person on behalf of the trustees" shall be substituted;
2. (2) in sub-section (2), for the words "or any other person in charge of the public trust" the words, brackets and figure "and person referred to in sub-section (1)" shall be substituted.

For section 39 of the principal Act, the following section shall be substituted, namely : -

"39. On considering the report referred in section 38, and the accounts and explanation, if any, furnished by the trustees or any other person, and after holding an 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.".

In section 40 of the principal Act, in clause (b), for the words "breach of trust" the words "gross negligence, breach of trust" shall be substituted.

1. (1) Subject to the provisions of this Act. the Charity Commissioner may, from time to time, issue directions to any trustee of a public trust or any person connected therewith to ensure that such trust is properly administered and the income thereof is properly accounted for or duly appropriated and applied to the objects and for the purposes of the trust.
2. (2) It shall be the duty of every such trustee and person to comply with a direction issued to him under sub-section (1).

(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.

In section 69 of the principal Act, in clause (A), for the words " account or " the words "books of account, document or" shall be substituted.

In section 75 of the principal Act, after the words "this Chapter" the words and figures "or of an application under section 72" shall be inserted and for the words "such appeals" the words "such appeals and applications" shall be substituted.

1. Short title and commencement

1. (1) This Act may be called the Bombay Public Trusts (Gujarat Amendment) Act, 1963.
2. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Amendment of section 36 of Bom. XXIX of 1950 Section 36 of the Bombay Public Trusts Act, 1950 (hereinafter referred to as "the principal Act") shall be renumbered as sub-section
3. (1) of that section and after sub-section
4. (1) as so renumbered the following sub-sections shall be added, namely : - "(2) The decision of the Charity Commissioner under sub-section
5. (1) shall be communicated to the trustees and shall be published in such manner as may be prescribed.
6. (3) Any person aggrieved by such decision may appeal to the Gujarat Revenue Tribunal within thirty days from the date of its publication.
7. (4) Such decision shall, subject to the provisions of sub-section (3), be final." 3. Amendment of section 47AA of Bom. XXIX of 1950 In section 47AA of the principal Act after the words "under this Act" the words, brackets and figures "or any amount is surcharged on him under sub-section
   • (I) of section 41". shall be inserted. 4. Amendment of section 56T of Bom. XXIX of 1950 Tn section 56T of the principal Act, after the figures "50" the figures and letter "SOA", shall be inserted. 5. Amendment of section 66 of Bom. XXIX of 1950 To section 66 of the principal Act, before the Explanation. the following proviso shall be added, namely : - " provided that a trktee who has a previous conviction under this section shall be punished with fine which. except for adequate reasons to the-con- trary 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 Izss.". 6. Amendment of section 67 of Bom. XXIX of 1950 To section 67 of the principal Act, the following proviso shall be added. namely : - " Provided that in the absence of special and adequate reasons to the con- trary to be mentioned in the judgment of the Court, a person who has a pre- vious conviction under this section, shall be punished with fine which shaM not be less than Rs. 300.".