Chapter III CHARITABLE PURPOSES AND VALIDITY OF CERTAIN PUBLIC TRUSTS

1[1] For the purposes of this Act, a Charitable Purpose includes-

1. (1) relief of poverty or distress.
2. (2) education. 2[(3) medical relief. (3A) provisions or facilities for recreation or other leisure time occupation (including assistance for such provision), if the facilities are provided in the interest of social welfare and public benefit, and]
3. (4) the advancement of any other object of general public utility, but does not include a purpose which relates- 3** * * * * *
   • (b) exclusively to religious teaching or worship. 4[(2) The requirement of this section that the facilities are provided in the interest of social welfare shall not be treated as satisfied, unless-
   • (a) the facilities are provided with the object of improving the conditions of life for the persons for whom the facilities are primarily intended ; and
   • (b) either-
     • (i) those persons have need of such facilities as aforesaid by reason of their youth, age, infirmity or disablement, poverty or social and economic circumstances, or
     • (ii) facilities are to be available to the members of the public at large.
4. (3) Subject to the said requirement, sub-section (1) of this section applies in particular to the provision of facilities at Village halls, community centres and women institutes, and to the provision and maintenance of grounds and buildings to be used for purpose of recreation and leisure time occupation, and extends to the provision of facilities for those purpose by the organizing of any such activity.]

Notwithstanding any law, custom or usage, a public trust shall not be void, only on the ground that the persons or objects for the benefit of whom or which it is created are unascertained or unascertainable. Explanation.- A public trust created for such objects as dharma, dharmada or punyakarya, punyadan shall not be deemed, to be void, only on the ground that the objects for which it is created are unascertained or un-ascertainable.

A public trust created for purposes some of which are charitable or religious and some are not shall not be deemed to be void in respect to the charitable or religious purpose, only on the ground that it is void with respect to the non-charitable or non-religious purpose.

Any disposition of property for a religious or charitable purpose shall not be deemed to be void as a public trust, only on the ground that no obligation is annexed with such disposition requiring the person in whose favour it is made to hold it for the benefit of a religious or charitable object.

If any public trust is created for a specific object of a charitable or religious nature or for the benefit of a society or institution constituted for charitable or religious purpose, such trust shall not be deemed to be void only on the ground-

1. (a) that the performance of the specific object for which the trust was created has become impossible or impracticable, or
2. (b) that the society or institution does not exist or has ceased to exist, notwithstanding the fact that there was no intent for the appropriation of the trust property for a general charitable or religious purpose.