Chapter VI CONTROL

1[(1) The Charity Commissioner, the Deputy or Assistant Charity Commissioner or any officer authorised by the State Government by a general or special order shall have power-

1. (a) to enter on and inspect or cause to be entered on and inspected any property, belonging to a public trust; 2[(b) to call for and inspect any proceedings of the trustees of any public trust, and any book of accounts or document in the possession or under the control of the trustees or any person connected with the trust;]
2. (c) to call for any return, statement, account or report which he may think fit from the trustees or any person connected with a public trust; 3[(d) to get the explanation of the trustee or any person connected with the public trust and reduce or cause to be reduced to writing any statement made by him :] Provided that, in entering upon any property belonging to the public trust the officers making the entry shall give reasonable notice to the trustee and shall have due regard to the religious practices or usages of the trust. 4[(2) It shall be the duty of every trustee to afford all reasonable facilities to any officer exercising any of the powers under sub-section (1) and the trustees or 5[any person connected with the public trust] shall comply with any order made or direction issued by such officer in exercise of the power conferred upon him by or under sub-section (1)]. 6[(3) If on inspection of the affairs of a public trust under this section, it is noticed by the Deputy or Assistant Charity Commissioner or the officer authorised under sub-section (1) that there is a loss caused to the public trust on account of gross negligence, breach of trust, misapplication or misconduct on the part of a trustee or any person connected with the trust, the Deputy or Assistant Charity Commissioner may submit a report thereof to the Charity Commissioner; and the officer so authorised, to the Deputy or Assistant Charity Commissioner.]

38. Explanation on report of auditor 1[or on complaint].- On receipt of a report of the auditor under section 34 2[or of a report, if any, made by an officer authorized under section 37] 3[or on receipt of a complaint in respect of any trust] the Deputy or Assistant Charity Commissioner to whom the report is submitted 4[or complaint is made] shall require the trustee or any other person concerned to submit an explanation thereon within such period as he thinks fit.

1[39. Report to Charity Commissioner.- On considering the report referred to in section 38, the accounts or explanation, if any, furnished by the trustees or any other person connected with the public trust and after holding an inquiry in the prescribed manner, the Deputy or Assistant Charity Commissioner shall record his findings on the question whether or not a trustee or the person connected with the trust has been guilty of gross negligence, breach of trust, misappropriation or misconduct which resulted in loss to the trust, and make a report thereof to the Charity Commissioner.]

40. 1[Power of Charity Commissioner to issue orders on report received under section 39 or to remand matter, etc.].- 2[The Charity Commissioner may,] after considering the report of the Deputy or Assistant Charity Commissioner, giving an opportunity to the person concerned and holding such inquiry 3[as he thinks fit,-

1. (1) determine-]
   • (a) the amount of loss caused to a public trust;
   • (b) whether such loss was due to any 4[gross negligence,] breach of trust, mis-appropriation or misconduct on the part of any person;
   • (c) whether any of the trustees, or 5[any person connected with the public trust] was responsible for such loss ;
   • (d) the amount which any of the trustees or 6[any person connected with the public trust] is liable to apply to the public trust 7[for such loss, or], 8[(2) remand the matter for further inquiry to the officer, who made the report or to any other officer as he thinks fit or for reasons to be recorded in writing, compromise the matter or may drop the matter if a suit is instituted for obtaining a decree for a direction for taking accounts under section 50.]

1. (1) If the Charity Commissioner decides 1[that any person connected with the trust] is liable to pay to the public trust any amount for the loss caused to the trust, the Charity Commissioner may direct that the amount shall be surcharged on the person.
2. (2) 2[The order] of the Charity Commissioner under sub-section (1) shall be final and conclusive.

1[41A. Power of Commissioner to issue directions 2[for proper administration of the trust.- (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 the 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; and the Charity Commissioner may also give directions to the trustees or such person that if he finds any property of the trust is in danger of being wasted, damaged, alienated or wrongfully sold, removed or disposed of : 3[Provided that, if any application is made by the trustee of any trust for seeking directions under sub-section (1), the Charity Commissioner shall decide such application within three months form the date of its receipt and if it is not practicable so to do, the Charity Commissioner shall record the reasons for the same.]

1. (2) It shall be the duty of every trustee or of such person to comply with the directions issued under sub-section (1).

1. (1) On receipt of a complaint in writing from any person having interest in respect of any public trust or suo motu the Charity Commissioner or Deputy or Assistant Charity Commissioner may institute an inquiry with regard to charities or a particular charity or class of charities either generally, or for particular purposes.
2. (2) The officers aforesaid may either hold the inquiry themselves, or entrust such inquiry to the officer authorised under sub-section (1) of section 37.
3. (3) For the purpose of any such inquiry, the officer holding the inquiry may, by notice, require any person to attend at a specified time and place and give evidence or produce documents in his custody or control which relate to any matter in question at the inquiry.
4. (4) For the purpose of any such inquiry, evidence may be taken on oath and the person holding the inquiry may for that purpose administer an oath under the Indian Oaths Act, 1873 (10 of 1873), or may instead of administering an oath, on solemn affirmation require the person to make and subscribe a declaration of the truth of the matters about which he is examined.
5. (5) The necessary expenses of any person of his attendance to give evidence or produce documents for the purpose of the inquiry shall be paid in the manner prescribed.
6. (6) After the completion of the inquiry, the person holding the inquiry (not being the Charity Commissioner) shall submit his report to the officer who entrusted such inquiry to him.
7. (7) The Deputy or Assistant Charity Commissioner of the region concerned shall submit his own report or report received by him under this section to the Charity Commissioner or he may, proceed under section 38, if necessary, or send a copy of the report to the Charity Commissioner with his remarks thereon. The Charity Commissioner may, if he is satisfied that there is a prima facie case against the trustees, take such steps as are necessary under the provisions of this Act.
8. (8) The Charity Commissioner may himself also call for the proceedings of any inquiry made under this section for such action as he may think fit.

1[41C. Persons (other than public trust) collecting money, subscription or donation, etc.- (1) Notwithstanding anything contained in this Act, no person (other than public trust) shall, after the commencement of the Maharashtra Public Trusts (Amendment) Act, 2017 (Mah. XXXVI of 2017), collect or cause to be collected any money, contribution, subscription or donation, in cash or kind, for religious or charitable purposes, without seeking prior permission of the Assistant Charity Commissioner or the Deputy Charity Commissioner upon a written application in such form as may be prescribed, either online or directly to the Assistant Charity Commissioner or the Deputy Charity Commissioner : Provided that, in the exigencies for aiding, assisting or giving relief to the persons affected by natural disaster, war, riots, accidents or similar cause, the collection may be made by giving intimation in the form prescribed to the Assistant Charity Commissioner or the Deputy Charity Commissioner.

1. (2) The Assistant Charity Commissioner or the Deputy Charity Commissioner shall, after making an enquiry as deemed fit, decide the applications and may issue a certificate in form prescribed, subject to such terms and conditions as he deems fit, within seven days from the date of receipt of application, for an application received online; and within fifteen days from the date of receipt of application, for an application received in writing : Provided that, if the permission is not granted to the applicant within the stipulated period, the permission shall be deemed to have been granted under this section for the purpose for which the application is made.
2. (3) In case the intimation as specified under the first proviso to sub-section (1) is given, the Assistant Charity Commissioner or the Deputy Charity Commissioner shall satisfy that the collection is done for valid reason and purpose and may issue a certificate in form prescribed, subject to such terms and conditions as he deems fit, within fifteen days from the date of receipt of intimation. If the Assistant charity Commissioner or the Deputy Charity Commissioner has reason to believe that there is a possibility of fraud, misappropriation or other abuse, he shall direct such person to stop making such collection forthwith and require such person to render an account of the collections made by him and deposit the amount so collected in the Public Trusts Administration Fund.
3. (4) The certificate issued under sub-section (2) or (3) shall be valid for a period of six months from the date of its issue; and shall not be renewable. The applicant or the person to whom the certificate is issued under sub-section (2) or (3) shall submit the audited account of such collections or receipt of contribution and remaining amount, if any, within a period of two months next after expiry of the said period.
4. (5) The remaining amount so collected shall be credited in the Public Trusts Administration Fund.]

1. (1) The Charity Commissioner may, either on application of a trustee or any person interested in the trust, or on receipt of a report under section 41B or suo motu may suspend, remove or dismiss any trustee of a public trust, if he,-
   • (a) makes persistent default in the submission of accounts report or return;
   • (b) wilfully disobeys any lawful orders issued by the Charity Commissioner under the provisions of this Act or rules made thereunder by the State Government;
   • (c) continuously neglects his duty or commits any mal-feasance or misfeasance, or breach of trust in respect of the trust;
   • (d) misappropriates or deals improperly with the properties of the trust of which he is a trustee ; or
   • (e) accepts any position in relation to the trust which is inconsistent with his position as a trustee ;
   • (f) if convicted of an offence involving moral turpitude. 1[(2) (a) When the Charity Commissioner proposes to take action under sub-section (1), the Charity Commissioner may issue notice to the trustee or the person against whom the action is proposed to be taken only when he finds that there is prima facie material to proceed against the said person.
   • (b) The trustee or person to whom a notice under clause (a) is issued, shall submit his reply thereto within fifteen days from the date of receipt of notice.
   • (c) If the person fails to give reply to the notice issued under clause (a) or the Charity Commissioner finds that the reply is not satisfactory, the Charity Commissioner shall frame charges against the said person within fifteen days of the filing of the reply or the default in the filing of reply, as the case may be, and give the said person an opportunity of meeting such charges and after considering the evidence adduced against him and in his favour, may pass order regarding suspension or removal or dismissal within three months from the date of framing of charges. If it is not practicable for the Charity Commissioner to issue notice, frame charges and pass final orders within stipulated time, he shall record reasons for the same.
   • (d) The order of suspension, removal or dismissal shall state the charges framed against the trustee. his explanation, if any, and the finding on each charge with reasons therefor.].
2. (3) Pending disposal of the charges framed against a trustee the Charity Commissioner may place the trustee under suspension.
3. (4) Where the Charity Commissioner has made an order suspending, removing or dismissing any trustee and such trustee is the sole trustee or where there are more than one trustee and the remaining trustee according to the instrument of trust, cannot function or administer the trust without the vacancy being filled, then in that case the Charity Commissioner shall appoint a fit person to discharge the duties and perform the function of the trust, and such person shall hold office only until a trustee is duly appointed according to the provisions of the instrument of trust. 2* * 3[(6) An appeal shall lie to the Court against the order made under sub-section (1), as if such decision was a decree of a district court as a court of original jurisdiction from which an appeal lies, within sixty days from the date of the order.]
4. (7) The order of the Charity Commissioner shall, subject to any order of the Court or in appeal, be final.

1. (1) Where it is brought to the notice of the Charity Commissioner either by the Deputy or Assistant Charity Commissioner through his report or by an application by at least two persons having interest supported by affidavit,-
   • (a) that any trust property is in danger of being wasted, damaged or improperly alienated by any trustee or any other person, or
   • (b) that the trustee or such person threatens, or intends to remove or dispose of that property, the Charity Commissioner may by order grant a temporary injunction or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of such property, on such terms as to the duration of injunction, keeping an account, giving security, production of the property or otherwise as he thinks fit.
2. (2) The Charity Commissioner shall in all such cases, except where it appears that the object of granting injunction would be defeated by delay, before granting an injunction, give notice of the facts brought to his notice to the trustee, or the person concerned.
3. (3) After hearing the trustee or person concerned and holding such inquiry as he thinks fit, the Charity Commissioner may confirm, discharge or vary or set aside the order of injunction or pass any other appropriate order. 1* *
4. (5) A trustee or a person against whom the order of injunction or any other order under this section is passed may, within ninety days of the date of communication of such order, appeal to the Court against such order. 2* * 3* *

1[41F. Attachment of property in certain cases.- (1) Wherein it is brought to the notice of the Charity Commissioner or Deputy Charity Commissioner or two or more persons having interest in the trust property that disobedience of any of the orders passed under any of the sections in the Chapter VI is committed, the Charity Commissioner may after hearing the parties concerned, order the property of such person guilty of such disobedience or breach, to be attached and may also order such person to be detained in jail for a term not exceeding six months. No attachment under this sub-section shall remain in force for more than one year, at the end of which time, if the disobedience or breach continues, The property attached may be sold, and out of the proceeds the Charity Commissioner may award such compensation as he thinks fit, and shall pay the balance, if any, to the person entitled thereto, and thereupon, any order passed by the Charity Commissioner, under this section, if in force shall stand vacated, or as the case may be, cancelled.

1. (2) A trustee or a person against whom the order under this section is passed, may, within ninety days of the date of communication of each order, appeal to the High Court against such order.]

1[41AA. Power of Charity Commissioner and State Government to issue directions in respect of hospitals, etc., to earmark certain beds, etc., for poorer patients to be treated free of charge or at concessional rates.- (1) Notwithstanding anything contained in any law for the time being in force or in any instrument of trust or in any contract or in any judgement, decree or order of any Court, Tribunal, Charity Commissioner or other competent authority, in the case of any State aided public trust, whose annual expenditure exceeds five lakhs of rupees, or such other limit as the State Government may, from time to time, by notification in the Official Gazette, specify, with a view to making essential medical facilities available to the poorer classes of the people, either free of charge, or at concessional rates, it shall be lawful for the Charity Commissioner, subject to such general or special order as the State Government may, from time to time, issue in this behalf, to issue all or any of the following directions to the trustees of, or persons connected with, any such trust, which maintains a hospital (including any nursing home or maternity home), dispensary or any other centre for medical relief (hereinafter in this section referred to as "the medical centre"), namely :-

1. (a) having regard to the accommodation and facilities available to keep admission to the medical centre open to any person without any discrimination on the ground of religion, race, caste, sex, place of birth, language or any of them : Provided that, where a medical centre is exclusively for females, treatment for any males at such centre shall not be insisted upon ;
2. (b) to reserve and earmark ten per cent. of the total number of operational beds and ten per cent. of the total capacity of patients treated at such medical centre, for medical examination and treatment in each department of the medical patients seeking admission or treatment, who shall be medically examined and treated 2[(including intra-ocular operation)] and admitted as the case may be, free of charge ;
3. (c) to reserve and earmark ten per cent. of the total number of operational beds and ten per cent. of the total capacity of patients treated at such medical centre, for medical examination and treatment in each department of the medical centre, in such manner as may be specified in the directions, for the weaker sections of the people seeking admission for medical examination and treatment, 3[(including intra-ocular operation)] who shall be charged according to such rates as the State Government may, by general or special order, determine from time to time having regard to the rates charged by the State Government in the corresponding medical centres maintained by it;
4. (d) to comply with such other incidental or supplemental requirements as may be specified in the directions or in any general or special orders issued thereunder: Provided that, while issuing any directions as aforesaid the Charity Commissioner shall take into consideration such facilities as are already made available by any such medical centre and having regard to the availability of such facilities may give appropriate directions if any, consistent with and subject to the percentage specified in clauses (b) and (c): 4[Provided further that, where the intra-ocular operation of a person is carried out in the medical centre, from the aid or grant received from the Central or State Government or any other institution, the person undergoing such operation shall not be counted as a beneficiary for the purpose of clause (b) or clause (c), as the case may be.];

1. (2) (a) It shall be lawful for the officer duly authorised by the State Government in this behalf, or for the Charity Commissioner by himself or through his representative duly authorised by him in this behalf, to verify the implementation of the directions given under sub-section (1) to any medical centre, and for that purpose, visit, inspect and call for information and returns periodically or otherwise.
   • (b) It shall be the duty of every trustee of, or person connected with, such medical centre to comply with the directions issued under sub-section (1) and to afford all reasonable facilities and assistance required by the said officer or the Charity Commissioner or his representative for verification of the implementation of such directions under clause (a) and to comply with the requirements thereunder.
   • (c) In case there arises any dispute relating to the interpretation, implementation or any matter whatsoever in respect of any direction issued under sub-section (1), it shall be referred to the State Government, through the Charity Commissioner, for appropriate directions.
2. (3) Nothing in sub-sections (1) and (2) shall prejudicially affect any medical facilities of whatever nature which any such State-aided public trust has provided by virtue of any condition subject to which any grant, exemption, concession, etc. referred to in clause (a) of sub-section (4) has been granted or received by it or otherwise and such medical facilities, which are in operation on the date of commencement of the Bombay Public Trusts (Amendment) Act, 1984 (Mah. VIII of 1985), shall continue as before if they exceed the percentage of reserved and earmarked category.
3. (4) For the purposes of this section,-
   • (a) "State-aided public trust" means a public trust exclusively for medical relief or for medical relief and other charitable purposes, which maintains a hospital (including any nursing home or maternity homes), dispensary or any other centre for medical relief, and which-
     • (i) has received any grant of land or building, either on ownership basis or on lease or leave and licence, at a nominal or concessional rate, from the State Government or the Central Government or any local authority; or
     • (ii) has been given by the State Government any exemption or permission to continue to hold any vacant land under section 20 or 21 of the Urban Land (Ceiling and Regulation) Act, 1976 (XXXIII of 1976); or
     • (iii) has been given any concessions or exemption or relaxation of a substantial nature from the Development Control Rules by any competent authority for the purposes of the trust; or
     • (iv) has received any loan or guarantee or any non-recurring grantin-aid or other financial assistance or is receiving any recurring grantin-aid or other financial assistance from the State Government, the Central Government or any local authority;
   • (b) "indigent person" means a person whose total annual income does not exceed three thousand and six hundred rupees or such other limit as the State Government may, from time to time, by notification in the Official Gazette, specify;
   • (c) "person belonging to the weaker sections of the people" means a person who is not an indigent person, but whose income does not exceed fifteen thousand rupees per annum or such other limits as the State Government may, from time to time, by notification in the Official Gazette, specify;
   • (d) it shall be the duty of the governing body (by whatsoever name called) of every medical centre to get the category of a patient duly verified and recorded in a register kept for the purpose in the prescribed form before he is admitted or treated as a patient within the reserved fund earmarked percentage under sub-section (1). If there is any dispute as to the category of a patient, it shall be referred to the State Government, through the Charity Commissioner, for appropriate direction.
4. (5) Notwithstanding anything contained in the foregoing provisions of this section, any person, who desires to undergo an operation for sterilization 5[*** *] or who desires to undergo any operation or medical treatment specified by the State Government in this behalf, shall not be entitled, and shall not be allowed, to seek admission in any hospital or other medical centre in the reserved or earmarked quota provided under this section.]