Chapter II ESTABLISHMENT

1[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 2[throughout the State]. 3* * * * * * *

1[3A. Joint Charity Commissioners.- 2[(1)] The State Government may, by notification in the Official Gazette, appoint one or more officers to be called Joint Charity Commissioner, who shall subject to the control of the Charity Commissioner and such general or special orders 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.] 3[(2)The State Government may, by general or special order, declare a Joint Charity Commissioner to be the regional head to superintend, subject to the control of the Charity Commissioner, the administration in one or more regions or sub-regions, as may be specified in such order.]

1[4. Qualification for appointment of Charity Commissioner [2and Joint Charity Commissioner].- 3[A person to be appointed as the Charity Commissioner or a Joint Charity Commissioner shall be one-]

1. (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: 4* 5[Provided that a person to be appointed as a Joint Charity Commissioner may be one who is holding or has held a judicial office not lower in rank than that of an Assistant Judge or an Additional Chief Judge of the Court of Small Causes, Bombay 6[or who has held the office of a Deputy Charity Commissioner for not less than five years;] or]
2. (b) who has been for not less than ten years-
   • (i) an advocate enrolled under the Indian Bar Councils Act, 1926 (XXXVIII of 1926), 7[or the Advocates Act, 1961 (25 of 1961).]
   • (ii) an attorney of a High Court, or
   • (iii) a pleader enrolled under the Bombay Pleaders Act, 1920 (Bom. XVII of 1920).]

1. (1) The State Government may also appoint such number of Deputy and Assistant Charity Commissioner 1[in the office of the Charity Commissioner or] for such regions or sub-regions or for such public trust or such class of public trusts as may be deemed necessary. 2[(2) A person 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 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, 1926 (XXXVIII of 1926), 3[or the Advocates Act, 1961 (25 of 1961).]
     • (ii) an attorney of a High Court, or
     • (iii) a pleader enrolled under the Bombay Pleaders Act, 1920 (Bom. XVII of 1920),4[or] 5[(c) who has held the office of an Assistant Charity Commissioner for not less than five years.] (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) 6[for not less than one year, or]
   • (b) who has been for 7[not less than four years]-
     • (i) an advocate enrolled under the Indian Bar Councils Act, 1926 (XXXVIII if 1926), 8[or the Advocates Act, 1961 (25 of 1961).]
     • (ii) an attorney of a High Court, or
     • (iii) a Pleader enrolled under the Bombay Pleaders Act, 9[1920 (Bom. XVII 1920), or] 10[(c) who holds a degree in law of any University established by law or any other University recognised by the State Government in this behalf and has worked in the Charity Organisation for not less than 5 years after obtaining such degree on a post not lower in rank than Senior Clerk or Steno-typist and has passed the competitive departmental examination to be conducted as per the rules prescribed by the charity Commissioner.] 11[or] 12[(d) who, being a person not falling under clause (c), and who holds a degree of law of any University established by law or any other University recognised by the State Government in this behalf and has worked in the Charity Organisation, for not less than 3 years, after obtaining such degree on a post of the Superintendent or the Public Relation Officer or the Legal Assistant and has passed the departmental examination to be conducted as per the rules prescribed by the Charity Commissioner.]
2. (3) The Deputy and Assistant Charity Commissioner shall exercise such powers and perform such duties and functions as may be provided by or under the provisions of this Act.

1[For the purpose of carrying out the provisions of this Act, the State Government 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: 2[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, 3[the Joint Charity Commissioner] and the Deputy and Assistant Charity Commissioner powers to appoint subordinate officers and servants as may be specified in the order.]

1[6A. Charity commissioner and other officers to be servants of State Government.- 2[The Charity Commissioner, 3[the Joint Charity Commissioner,] the Deputy and Assistant Charity Commissioner,] 4[the Director of Accounts, the Assistant Directors of Accounts,] the Inspectors and other subordinate officers and 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.

There shall be paid every year out of the Public Trusts Administration Fund to the State Government such cost as the State Government may determine on account of the pay, pension, leave and other allowances of the Charity Commissioner, 1[the Joint Charity Commissioner,] the Deputy and Assistant Charity Commissioners, 2[the Director of Accounts, the Assistant Directors and Accounts, the Inspectors and other subordinate officers and servants appointed under the Act.]

[Assessors.] Deleted by Mah. 12 of 1967, s. 4.

1. (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. (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.