Chapter XII MISCELLANEOUS

78. Charity Commissioner and other officers 1*** to be public servants.- The Charity Commissioner, Deputy and Assistant Charity Commissioners, 2[the Director and Assistant Director of Accounts,] Inspectors and other subordinate officers 3* * * appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (XLV of 1860).

1[79. Decision of property as public trust property.- (1) Any question, whether or not a trust exists and such trust is a public trust or particular property is the property of such trust, shall be decided by the Deputy or Assistant Charity Commissioner or the Charity Commissioner as provided by this Act.

1. (2) An appeal shall lie against such decision of the Assistant or Deputy Charity Commissioner to the Charity Commissioner under section 70.]

1[79A. Recovery of costs and expenses incurred on legal proceedings by Charity Commissioner, etc.- All costs, charges and expenses incurred by the Charity Commissioner or the Deputy or Assistant Charity Commissioner as a party to, or in connection with, any legal proceedings in respect of any public trust shall, notwithstanding anything contained in section 79B, be payable out of the property or funds of the public trust, 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.

The costs, charges and expenses of and incidental to any suit, appeal or application to any court including the High Court under this Act shall be in the direction of the court, which may, subject to the provisions of section 79A, direct 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.

The costs, charges and expenses of and incidental to any appeal, application or other proceeding, before the Charity Commissioner or the Deputy or Assistant Charity 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.

Notwithstanding anything contained in the Court-fees Act, 1870 (VII of 1870), the documents described in columns 1 and 2 of Schedule B hereto shall bear a Court-fee stamp of the value specified in column 3 thereof.]

1[79AA. Power to finalise reconstructed record.- (1) Whenever any record kept in any Public Trust Registration Office is damaged or destroyed due to any cause whatsoever and is reconstructed, the Assistant or Deputy Charity Commissioner may by notice in the prescribed form published in the Official Gazette, and also in any newspapers with wide circulation in the region concerned, announce the fact of the reconstruction of the record, and call upon all persons having interest in the public trusts which are entered in such reconstructed record to show cause in writing within a period of thirty days from the publication of the notice in the Official Gazette, why such record should not be treated as final and conclusive. A copy of such notice may be sent also to the trustees of such public trusts.

1. (2) On the expiry of the period of thirty days aforesaid, the Assistant or Deputy Charity Commissioner shall, after hearing the trustees and persons having interest, if any, and after duly considering the objections and documents produced, if any, and if necessary, after making an inquiry, record his findings with the reasons therefor, and either confirm or amend the record including any entries therein accordingly. The record so confirmed or amended shall, subject to the provisions of this Act, be final and conclusive, as if such record was made or maintained under this Act.]

1[79CC. Compensatory costs for frivolous or vexatious proceedings before Charity Commissioner, etc.- (1) 2[If in an inquiry under the provisions of this Act, the Charity Commissioner or the Deputy or Assistant Charity Commissioner is of opinion that the application on which such inquiry was commenced was either frivolous or vexatious, the Charity Commissioner, the Deputy or as the case may be, Assistant Charity Commissioner], 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 aforesaid.

1. (2) If the Deputy or Assistant Charity Commissioner or the Charity Commissioner, 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 3[five hundred rupees] as he may determine be paid by the applicant to the opponent. 4[(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 whose decision shall be final and the provisions of section 70 shall apply to such appeal.]

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, 1[and in respect of] which the decision or order of such officer or authority has been made final and conclusive.

1** No suit, prosecution or other proceeding shall be instituted against the State Government or any officer or authority 2[or representative of the Charity Commissioner] in respect of anything in good faith done or purporting to be done under this Act. 3*******

1[82. Trial of offences under this Act.- No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try an offence punishable under this Act.]

No prosecution for an offence punishable under this Act, shall be instituted without the previous sanction of the Charity Commissioner.

1. (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Act.
2. (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; 1[(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 Public Trusts Registration Office and the particulars to be entered in such books, indices and registers under section 17 ;
   • (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 2[trustee] has to make a report regarding the change 3[under sub-section (1), and the manner of holding inquiry under sub-section (2) of section 22];
     • (i) the book in which the Deputy or Assistant Charity Commissioner shall make an entry under section 23; 4[(j) the form of memorandum to be sent by trustees and Deputy and Assistant Charity Commissioners for registration 5[and the manner in which the memorandum shall be signed and verified ;] 6[(j-1) the inquiry to be made under sub-section (1) of section 28; (j-2) the amount of annual income of a public trust exceeding which it is liable to prepare and submit budget, and the form or forms of such budget, under sub-section (1) of section 31-A ;]
   • (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; 7[(k-1) the manner of payment of expenses under sub-section (5) of section 41-B ;] 8***** 9[(m-1) the manner of making an application under sub-section (1) of section 50-A;]
   • (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; 10***** 11[(o-1) the conditions and restrictions subject to which the committee shall deal with property under sub-section (2) of section 56-E ; (o-2) the honorarium or fees and allowances to be paid to chairman, treasurer and members of a committee under sub-section (2) of section 56-I 12[and the manner in which] such honorarium, or fees and allowances shall be paid ; (o-3) the interval at which a committee shall meet and the procedure it shall follow under section 56-J; (o-4) the terms and conditions as to service on which secretaries and officers of a committee are appointed under section 56-M 13* * * *; 14[(o-5) the manner in which the custody and investment of, and the disbursement and payment from the Management Fund and the audit of accounts of the Fund shall be regulated under section 56-QQ ;]
   • (p) the date on which and the manner in which 15[every public trust shall pay the annual contribution under section 58] 16[and the deductions to be allowed under the explanation to sub-section (1) and the manner of obtaining the decision of the State Government on whether or not a trust falls in any of the exempted class of public trusts under sub-section (2) of that section] and the manner in which the custody and investment of and the disbursement and payment from, such fund shall be made under section 60 ; 17******* *******
   • (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 ; 18*******
     • (v) the custody and investment of the money to be credited to the Public Trusts Administration Fund and the disbursement and payment therefrom ; 19[(v-1) the form of notice in respect of reconstructed record under sub-section (1) of section 79AA ;]
   • (w) any other matter which is to be or may be prescribed under this Act.
3. (3) All rules made under this section shall be subject to the condition of previous publication. 20[(4) Every rule made under this section shall be laid, as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made and notify such decision in the Official Gazette, the rule shall from the date of such notification have effect only in such modified form or be of no effect, as the case may be ; so however, that any such modification or amendment shall be without prejudice to the validity or anything previously done or omitted to be done under that rule.]

1. (1) The Religious Endowments Act, 1863 (XX of 1863), is hereby repealed.
2. (2) 1[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 2[(hereafter in this section referred to as the said date)] the provisions of the Act specified in 3[Schedule A] which apply to such trust or class of trusts shall cease to apply to such trust or class of trusts.
3. (3) 4[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 5[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 6[the said date]. 7[(4) Notwithstanding anything contained in sub-section (5) all proceedings pending before any authority under the Mussalman Wakf Act, 1923 (XLII of 1923), (as amended by the Mussalman Wakf (Bombay Amendment) Act, 1935 (Bom. XVIII of 1935), the Bombay Public Trusts Registration Act, 1935 (Bom. XXV of 1935), or the Parsi Public Trusts Registration Act, 1936 (Bom. XXIII of 1936), immediately before the said date shall be transferred to the Charity Commissioner and any such proceedings shall be continued and disposed of by the Charity Commissioner or the Deputy or Assistant 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 (XLII of 1923) (as amended by the Mussalman Wakf (Bombay Amendment) Act, 1935 (Bom. XVIII of 1935), and by the Registrars under the Bombay Public Trusts Registration Act, 1935 (Bom. XXV of 1935), and the Parsi Public Trusts Registration Act, 1936 (Bom. XXIII of 1936), and shall pass such orders as may be just or proper.
4. (5) All records maintained by the authority or Court under any of the Acts 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.]

1[86. Further repeals and savings consequent on commencement of Bom. XXIX of 1950 in other areas of State.- (1) On the commencement of this Act in that area of the State to which it is extended by the Bombay Public Trusts (Unification and Amendment) Act, 1959 (Bom. VI of 1960)-

1. (i) the Religious Endowments Act, 1863 (XX of 1863), as in force in the Saurashtra and Kutch areas of the State,
2. (ii) the Madhya Pradesh Dharmadaya Funds Act, 1951 (M.P. Act XVIII of 1951), as in force in the Vidarbha Region of the State, and
3. (iii) any law relating to public trusts to which Chapter VII-A applies, to the extent to which it corresponds to the provisions of this Act, shall stand repealed.

1. (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.
2. (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 liablity 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: Provided further that, every proceeding pending before any criminal court under the Madhya Pradesh Dharmadaya Funds Act, 1951 (M. P. Act XVIII of 1951) shall abate on the repeal of that Act under sub-section (1).
3. (4) Notwithstanding anything contained in sub-section (3) all proceedings pending immediately before the said date before any authority (other than a court) under any enactment specified in Schedule AA shall be continued and disposed of 2[by such authority] under that enactment as if the Bombay Public Trusts (Unification and Amendment) Act, 1959 (Bom.VI of 1960), had not been passed.
4. (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 recoverable under the provisions of this Act.
5. (6) All records maintained by Registrars under the Madhya Pradesh Public Trusts Act, 1951 (M. P. Act. XXX of 1951), shall be transferred to the Charity Commissioner or to the Deputy or Assistant Charity Commissioner as the Charity Commissioner may direct.

Nothing contained in this Act shall apply to-

1. (a) those Wakfs in certain areas of the State to which the provisions of the Wakf Act, 1954 (XXIX of 1954), have continued to apply ; or
2. (b) the Nanded Gurudwara, the administration of which is governed by the Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956 (Hyd. of XXXVII of 1956).

If any difficulty arises in giving effect to the provisions of this Act, the State 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.]