Chapter IV REGISTRATION OF PUBLIC TRUSTS

1. (1) For the purpose of this Act, the State Government may form regions and sub-regions and may prescribe and alter limits of such regions and sub-regions.
2. (2) The regions and sub-regions formed under this section, together with the limits thereof and every alteration of such limits shall be a notified in the Official Gazette.

In every region or sub-region there shall be a Public Trusts Registration Office : Provided that for two or more regions or sub-regions, there may be one Public Trusts Registration office : Provided further that for one region or sub-region there may be one or more Joint Public Trusts Registration Offices.

1[15A. Power to set up offices in district.- To facilitate the administrative work of the regions and sub-regions, the State Government may set up offices in all the districts under any region or sub-region.]

The State Government may appoint a Deputy Charity Commissioner or Assistant Charity Commissioner to be in charge of one or more Public Trusts Registration Offices or Joint Public Trusts Registration Offices.

In every Public Trusts Registration Office or Joint Public Trusts Registration Office, it shall be the duty of the Deputy or Assistant Charity Commissioner in charge to keep and maintain such books, indices and other registers as may be prescribed. Such books, indices and other registers shall contain such particulars as may also be prescribed.

1. (1) It shall be the duty of the trustee of a public trust to which this Act has been applied to make an application for the registration of the public trust.
2. (2) Such application shall be made to the Deputy or Assistant Charity Commissioner of the region or sub-region within the limits of which the trustee has an office for the administration of the trust 1[or the trust property or substantial portion of the trust property is situated, as the case may be.]
3. (3) Such application shall be in writing, shall be in such form and accompanied by such fee as may be prescribed.
4. (4) Such application shall-
   • (a) in the case of a public trust created before this Act was applied to it, be made, within three months from the date of the application of this Act, and
   • (b) in the case of a public trust created after this Act comes into force, within three months of its creation.
5. (5) Such application shall inter alia contain the following particulars:- 2[(ai) the designation by which the public trust is or shall be known (hereinafter referred to as the name of the public trust)],
   • (i) the names and addresses of the trustees and the manager,
   • (ii) the mode of succession to the office of the trustee,
   • (iii) the list of the moveable and immovable trust property and such descriptions and particulars as may be sufficient for the identification thereof,
   • (iv) the approximate value of moveable and immovable property,
   • (v) the gross average annual income of the trust property estimated on the income of three years immediately preceding the date on which the application is made or of the period which has elapsed since the creation of the trust, whichever period is shorter,
   • (vi) the amount of the average annual expenditure in connection with such public trust estimated on the expenditure incurred within the period to which the particulars under clause (v) relate,
   • (vii) the address to which any communication to the trustee or manager in connection with the public trust may be sent,
   • (viii) such other particulars which may be prescribed :
6. (6) Every application made under sub-section (1) shall be signed and verified in the prescribed manner by the trustee or his agent specially authorised by him in this behalf, It shall be accompanied by a copy of an instrument of trust, if such instrument had been executed and is in existence. 3[(6A) Where on receipt of such application, it is noticed that the application is incomplete in any particulars, or does not disclose full particulars of the public trust, the Deputy or Assistant Charity Commissioner may return the application to the trustee, and direct the trustee to complete the application in all particulars or disclose therein the full particulars of the trust, and resubmit it within the period specified in such direction ; and it shall be the duty of the trustee to comply with the direction.] 4[(7) It shall also be the duty of the trustee of the public trust to send a memorandum in the prescribed from containing the particulars, including the name and description of the public trust, relating to the immovable property of such public trust, 5[to the sub-registrar of the sub-district appointed under the Indian Registration Act, 1908 (XVI of 1908), in which such immovable property is situate 6[for the purpose of filing in Book No. I under section 89 of that Act.]] Such memorandum shall be sent within three months from the date of creation of the public trust and shall be signed and verified in the prescribed manner by the trustee or his agent specially authorised by him in this behalf.]

On the receipt of an application under section 18, or upon an application made by any person having interest in a public trust or on his own motion, the Deputy or Assistant Charity Commissioner shall make an inquiry in the prescribed manner for the purpose of ascertaining- 1[(i) whether a trust exists and whether such trust is a public trust,]

1. (ii) whether any property is the property of such trust,
2. (iii) whether the whole or any substantial portion of the subject-matter of the trust is situate within his jurisdiction,
3. (iv) the names and addresses of the trustees and manager of such trust,
4. (v) the mode of succession to the office of the trustee of such trust,
5. (vi) the origin, nature and object of such trust,
6. (vii) the amount of gross average annual income and expenditure of such trust, and
7. (viii) any other particulars as may be prescribed under sub-section (5) of section 18.

On completion of the inquiry provided for under section 19, the Deputy or Assistant Charity Commissioner shall record his findings with the reasons therefor as to the matter mentioned in the said section, 1[and may make an order for the payment of the registration fee.]

1. (1) The Deputy or Assistant Charity Commissioner shall make entries in the register kept under section 17 in accordance with the findings recorded by him under section 20 or if appeals 1[or applications] are made as provided by this Act, in Accordance with the final decision of the competent authority provided by this Act.
2. (2) The entries so made shall, subject to the provisions of this Act and subject to any change recorded under the following provisions, be final and conclusive.

1. (1) Where any change occurs in any of the entries recorded in the register kept under section 17, the trustee shall, within 90 days from the date of the occurrence of such change, or where any change is desired in such entries in the interest of the administration of such public trust, report such change or proposed change to the Deputy or Assistant Charity Commissioner in charge of the Public Trusts Registration Office where the register is kept. Such report shall be made in the prescribed form. 1[Provided that, the Deputy or Assistant Charity Commissioner may extend the period of ninety days for reporting the change on being satisfied that there was a sufficient cause for not reporting the change within the stipulated period subject to payment of costs by the reporting trustee, which shall be credited to the Public Trust Administration Fund.] 2[(1A) Where the change to be reported under sub-section (1) relates to any immovable property, the trustee shall, along with the report, furnish a memorandum in the prescribed form containing the particulars (including the name and description of the public trust) relating to any change in the immovable property of such public trust, for forwarding it to the Sub-Registrar referred to in sub-section (7) of section 18. Such memorandum shall be signed and verified in the prescribed manner by the trustee or his agent specially authorised by him in this behalf.]
2. (2) For the purpose of verifying the correctness of the entries in the register kept under section 17 or ascertaining whether any change has occurred in any of the particulars recorded in the register, the Deputy or Assistant Charity Commissioner may 3[hold an inquiry in the prescribed manner]: 4[Provided that, in the case of change in the names and addresses of the trustees and the managers or the mode of succession to the office of the trusteeship and managership, the Deputy or Assistant Charity Commissioner may pass order provisionally accepting the change within period of fifteen working days and issue a notice inviting objections to such change within thirty days from the date of publication of such notice : Provided further that, if no objections are received within the said period of thirty days, the order accepting the change provisionally under the first proviso shall become final and entry thereof shall be taken in the register kept under section 17 in the prescribed manner: Provided also that, if no objection are received within the said period of thirty days, the Deputy or Assistant Charity Commissioner may hold an enquiry in the prescribed manner and record a finding, as provided by sub-section (3) of this section, within three months from the date of filing objections.]
3. (3) If the Deputy or Assistant Charity Commissioner, as the case may be, after receiving a report under sub-section (1) and holding an inquiry, if necessary under sub-section (2), or merely after holding an inquiry under the said sub-section (2), is satisfied that a change has occurred in any of the entries recorded in the register kept under section 17 in regard to a particular public trust, 5[or that the trust should be removed from the register by reason of the change, resulting in both the office of the administration of the trust and the whole of the trust property ceasing to be situated in the State,] he shall record a finding with the reasons therefor 6[to that effect; and if he is not so satisfied, he shall record a finding with reasons therefor accordingly]. 7[Any such finding] shall be appealable to the Charity Commissioner. The Deputy or Assistant Charity Commissioner shall 8[amend or delete the entries] in the said register 9[in accordance with the finding which requires an amendment or deletion of entries] and if appeals 10[or applications] were made against such finding, in accordance with the final decision of the competent authority provided by this Act. The amendments in the entries so made 11[subject to any further amendment on occurrence of a change or any cancellation of entries, shall] be final and conclusive. 12[(3A) The Deputy or Assistant Charity Commissioner may, after such detailed and impartial inquiry and following such procedure as may be prescribed, de-register the trust on the following grounds :-
   • (a) when its purpose is completely fulfilled ; or
   • (b) when its purpose becomes unlawful ; or
   • (c) when the fulfilment of its purpose becomes impossible by destruction of the trustproperty or otherwise ; or
   • (d) when the trust, being revocable, is expressly revoked ; or
   • (e) when the trustees are found not doing any act for fulfilling object of the trust : Provided that, no trust shall be de-registered under clause (e) unless its trustees have committed default in reporting the change under sub-section (1), in submission of the audited accounts as prescribed by sub-section (2) of section 33 or sub-section (1A) of section 34 or in making any other compliance prescribed by or under this Act for a period of five years from the last date of reporting the change, submission of the accounts or making the compliance, as prescribed by or under this Act or the rules made thereunder, as the case may be. (3B) The Deputy or Assistant Charity Commissioner may take over the management of properties of the trust de-registered under sub-section (3A) and pass such necessary orders for the same as he deems fit and may, if he considers it expedient, dispose them of by sale or otherwise and deposit the sale proceeds in the Public Trusts Administration Fund established under section 57.] 14[(4) whenever an entry is amended 13[or the trust is removed from the register] under sub-section (3), the Deputy or Assistant Charity Commissioner, as the case may be, shall forward the memorandum furnished to him under sub-section (1A), after certifying the amended entry 15[or the removal of the trust from the register] to the Sub-Registrar referred to in sub-section (7) of section 18, 16[for the purpose of filing in Book no. I under section 89 of the Indian Registration Act, 1908 (XVI of 1908), in its application to the State of Maharashtra].

1[22A. Further inquiry by Deputy or Assistant charity Commissioner.- If at any time after the entries are made in the register under section 21,2[22 or 28 it appears to the Deputy or Assistant Charity Commissioner that any particular relating to any public trust, which was not the subject-matter of the inquiry under section 19, or sub-section (3) of] section 22 3[or section 28], as the case may be, has remained to be enquired into, the Deputy or Assistant Charity Commissioner, as the case may be, may make, further inquiry in the prescribed manner, record his findings and make entries in the register in accordance with the decision arrived at or if appeals or application are made as provided by this Act, in accordance with the decision of the competent authority provided by this Act. The provisions of sections 19, 20, 21 and 22 shall, so far as may be, apply to the inquiry, the recording of findings and the making of entries in the register under this section.]

1[22B. Registration of trust property in the name of public trust, which has already been registered, etc.– (1) In the case of a public trust,-

1. (a) which is deemed to have been registered under this Act under section 28, or
2. (b) which has been registered under this Act before the date of the coming into force of the Bombay Public Trusts (Amendment) Act, 1955 (Bom. XXIII of 1955). (hereinafter referred to as "the said date" on an application made under section 18, or
3. (c) in respect of which an application for registration has been made under section 18 and such application was pending on the said date, the trustee of such public trust shall within three months from the said date make an application in writing for registration of the property of the public trust in the name of such trust and shall state in the application the name of the public trust.

1. (2) Such application shall be signed and verified in the prescribed manner by the trustee or his agent specially authorised by him in this behalf and made to the Deputy or Assistant Charity Commissioner who made entries in respect of such public trust in the register kept under section 17 or with whom the application for registration of the public trust was pending, as the case may be.
2. (3) On receipt of such application, the Deputy or Assistant Charity Commissioner shall -
   • (a) in the case of a public trust which is deemed to have been registered under section 28 or which has been registered under this Act before the said date specify the name of the public trust against the entries made in respect of such trust in the register kept under section 17, and
   • (b) in the case of a public trust the application for the registration of which was pending on the said date specify the name of the public trust at the time of making entries under section 21 in respect of such public trust in the register kept under section 17.

1[(1) In the case of a public trust,-

1. (a) which is deemed to have been registered under this Act under 2[section 28, read with Schedule A], or
2. (b) which has been registered under this Act before the coming into force of the Bombay Public Trusts (Amendment) Act, 1955 (Bom. XXIII of 1955 (hereinafter referred to as "the said date") on an application made under section 18, or
3. (c) in respect of which an application has been made under section 18 and such application was pending on the said date, the trustee of such public trust shall within three months from the said date send a memorandum in the prescribed form containing the particulars, including the name and description of the public trust, relating to the immovable property of such public trust to the 3[officers specified in sub-section (7) of section 18 4[for the purpose of filing in Book No. I under section 89 of the Indian Registration Act,1908 (XVI of 1908), in its application to the State of Maharashtra]]. Such memorandum shall be signed and verified in the prescribed manner by the trustee or his agent specially authorised by him in this behalf]. 5[(2) In the case of a public trust deemed to have been registered under section 28 read with Schedule AA, the provisions of sub-section (1) shall apply with the modification that the said date shall refer to the date of the coming into force of the Bombay Public Trusts (Unification and Amendment) Act, 1959 (Bom. VI of 1960).]

if any part of the property of any public trust is situate within the limits of more than one region or sub-region, the Deputy or Assistant Charity Commissioner of the region or sub-region within the limits of which such part of the trust property is situate. The Deputy or Assistant Charity Commissioner in charge of such region or sub-region shall make an entry in such book as may be prescribed for the purpose. A copy of such entry shall also be sent by the Deputy or the Assistant Charity commissioner, as the case may be, to the Sub-Registrar appointed under the Indian Registration Act, 1908 (XVI of 1908), of the sub-district within the limits of which such property or part thereof is situate.

No deputy or Assistant Charity Commissioner shall proceed with an inquiry under section 19 or 22 in regard to any public trust which has been already registered in any other region or sub-region.

1. (1) If an inquiry under section 19 or 22 in regard to any public trust is pending before more than one Charity Commissioner, whether Deputy or Assistant, the Charity commissioner shall, on the application of any of the Deputy or Assistant Charity Commissioner before whom such inquiry is pending or his own motion, determine which of such Deputy or Assistant Charity commissioner shall proceed with the inquiry in regard to such trust.
2. (2) The determination of the charity Commissioner under sub-section (1) shall be final and conclusive; and upon such determination, no Deputy or Assistant Charity Commissioner other than the Deputy or Assistant Charity Commissioner specified by the Charity commissioner shall proceed with the inquiry in regard to the public trust under section 19 or 22, as the case may be.

1[Entries in register to be made or amended in certain cases].- 2[(1)] Any Court of competent jurisdiction deciding any question relating to any public trust which by or under the provisions of this Act is not expressly or impliedly barred form deciding shall cause copy of such decision to be sent to the charity Commissioner and the charity commissioner shall cause the entries in the register kept under section 17 to be made or amended in regard to such public trust in accordance with such decision. 2[The entries so made or amended] shall not be altered except in case where such decision has been varied in appeal or revision by a court of competent jurisdiction. Subject to such alterations, the 3[entries made or amended] shall be final and conclusive. 4[(2) Where the Charity Commissioner decides any question in relation to any public trust or passed any order in relation thereto, he shall also cause the entries in such register to be made or amended in regard to such public trust in accordance with the decision so given or order passed by him; and thereupon, the provisions of sub-section (1) shall apply in relation to entries so made or amended as they apply in relation to entries made or amended according to the decision or order of a court].

[Stamping of scrips.] Repealed by Bom. 39 of 1951, s. 2, First Schedule.

1. (1) All public trusts registered under the provision of any of the enactments specified in 1[Schedule A] 2[and Schedule AA] shall be deemed to have been registered under this Act from the date on which this Act may be applied to them. The Deputy or Assistant Charity commissioner of the region or sub-region within the limits of which 3[a public trust had been registered under any of the said enactments] shall issue notice to the trustee of such trust for the purpose of recording entries relating to such trust in the register kept under section 17 and shall after hearing the trustee and making such inquiry 4[as may be prescribed] record findings with the reason therefor. Such findings shall be in accordance with the entries in the registers already made under the said enactment subject to such changes as may be necessary or expedient.
2. (2) Any person aggrieved by any of the findings recorded under sub-section (1) may appeal to the Charity Commissioner.
3. (3) The provisions of this Chapter shall, so far as may be, apply to the making of entries in the register kept under section 17 and the entries so made shall be final and conclusive.

1[28A. Copy of entries relating to property to be sent to sub-registrar 2* **.- The Deputy or Assistant Charity Commissioner shall send a memorandum in the prescribed form containing entries including the entry of the name and description of the public trust, relating to immovable property of such public trust made by him in the register kept under section 17-

1. (i) to the Sub-Registrar of the sub-district appointed under the Indian Registration Act, 1908 (XVI of 1908), in which such immovable property is situate. 3** * * * * *

[Duty of certain officers and authorities to maintain registers of trust property.] Deleted by Bom. 6 of 1960, s. 17.]

In the case of the public trust which is created by a will, the executor of such will shall within one month from the date on which the probate of the will is granted or within six months from the date the testator's death 1[whichever is earlier] make an application for the registration in the manner provided in section 18 and the provisions of this Chapter shall mutatis mutandis apply to the registration of such trust : 2[Provided that the period prescribed herein for making an application for registration may, for sufficient cause, be extended by the Deputy or Assistant Charity Commissioner concerned.]

30. Notice of particulars of immovable property 1* * * entered in register.- Any person acquiring any immovable property 2** belonging to a public trust which has been registered under this Chapter or any part of or any share or interest in such property 3* * of such trust shall be deemed to have notice of the relevant particulars relating to such trust 4[entered in the registers maintained under section 17 or filed in Book No. 1 under section 89 of the Indian Registration Act, 1908 (XVI of 1908), in its application to the State of Maharashtra.] 5[Explanation.- For the purpose of this section, a person shall be deemed to have notice of any particulars in the registers,-

1. (1) when he actually knows the said particulars or when, but for wilful abstention from any inquiry or search which he ought to have made, or gross negligence, he would have known them ;
2. (2) if his agent acquires notice thereof whilst acting on his behalf in the course of business to which the fact of such particulars is material.]

1. (1) No suit to enforce a right on behalf of a public trust which has not been registered under this Act shall be heard or decided 1[in any court.]
2. (2) The provisions of Sub-section (1) shall apply to a claim of set-off or other proceeding to enforce a right on behalf of such public trust.