Vidhi Codex

The Bombay Public Trusts Act, 1950

The Bombay Public Trusts Act, 1950

Civil1950133 of 88 sections available13 chapters

This Act regulates the creation, registration, financial auditing, and general governance of public religious and charitable trusts and endowments. It applies to trust managers, trustees, temples, maths, wakfs, and charitable societies operating within the governing state jurisdiction. The law mandates formal registration of trust properties, regular financial record-keeping, annual audits, and strict administrative oversight through appointed Charity Commissioners. By empowering authorities to inspect records, resolve disputes, prevent improper land alienations, and address financial irregularities, the law ensures that public donations and trust assets are safeguarded, properly managed, and dedicated strictly to their intended charitable or religious purposes.

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Chapter I PRELIMINARY. →

  1. 1Short title, extent, operation and application
  2. 2Definitions
  3. 2BConstruction of certain references in the Act in their application to that part of Gujarat to which the Act extends

Chapter II ESTABLISHMENT. →

  1. 3Charity Commissioner
  2. 3AJoint Charity Commissioners
  3. 4Qualifications for appointment of Charity Commissioner and Joint Charity Commissoner
  4. 5Deputy and Assistant Charity Commissioners
  5. 6Subordinate Officers
  6. 6ACharity Commissioner and other officers to be servants of State Government
  7. 6BCost of pay, pension, etc., of Charity Commissioner etc., to be paid to Government out of the public Trusts Administration Fund
  8. 7Assessors
  9. 8Delegations

Chapter III CHARITABLE PURPOSES AND VALIDITY OF CERTAIN PUBLIC →

  1. 9Charitable purposes
  2. 10Public trust not to be void on ground of uncertainty
  3. 11Public trust not void on ground that it is void for non-charitable or non-religious purpose
  4. 12Public trust not void on ground of absence of obligation
  5. 13Public trust not void on failure of specific object or society, etc., ceasing to exist

Chapter IV REGISTRATION OF PUBLIC TRUSTS. →

  1. 14Regions and sub-regions
  2. 15Public Trust Registration Offices
  3. 16Deputy or Assistant Charity Commissioner to be in charge of Public Trusts Registration Office
  4. 17Books, indices and registers
  5. 18Registration of public trusts
  6. 19Inquiry for registration
  7. 20Findings of Deputy or Assistant Charity Commissioners
  8. 21Entries in Register
  9. 22Change
  10. 22AFurther Inquiry by Deputy or Assistant Charity Commissioner
  11. 22BRegistration of trust property in the name of public trust which has already been registered, etc.
  12. 22CRegistration of particulars of immovable property of trusts already registered with certain officers and authorities
  13. 23Procedure where trust property is situate in several regions or sub-regions.
  14. 24Stay of inquiry.
  15. 25Inquiry regarding public trust not to be held by more than one Deputy or Assistant Charity Commissioner.
  16. 26Court to forward copy of decision to Charity Commissioner.
  17. 28Public trust previously registered under enactments specified in Schedule.
  18. 28ACopy of entries relating to immovable property to be sent to sub-registrar, revenue and local authorities.
  19. 29Public trust by will.
  20. 30Notice of particulars of immovable property entered in register.
  21. 31Bar to hear or decide suits.

Chapter V ACCOUNTS AND AUDIT. →

  1. 32Maintenance of accounts.
  2. 33Balancing and auditing of accounts.
  3. 34Auditor's duty to prepare balance sheet and to report irregularities, etc.
  4. 35Investment of public trust money.
  5. 36Alienation of immovable property of public trust.

Chapter VI CONTROL →

  1. 37Power of inspection and supervition.
  2. 38Explanation on report of auditor.
  3. 39Report to Charity Commissioner.
  4. 40Decision of Charity Commissioner on report under section 39.
  5. 41Order of surcharge.
  6. 41APower of Charity Commissioner to issue directions to trustees and other persons.

Chapter VII OTHER FUNCTIONS AND POWERS OF CHARITY COMMISSIONER. →

  1. 42Charity Commissioner to be corporation sole.
  2. 43Charity Commissioner to be Treasurer of Charitable Endowments under Act VI of 1890.
  3. 44Charity Commissioner can act trustee of Public trusts.
  4. 45Charity Commissioner may with con-sent be appointed trustee of settlement by grantor.
  5. 46Appointment of Charity Commissioner as trustee under will.
  6. 47Power of Court to appoint new trustee or trustees, as the case may be.
  7. 47APower to Court to vest property in new trustee
  8. 47BCourt not to appoint Charity Commissioner as trustee of religious trust and Charity Commissioner not to accept such trust if management of religious affairs is involved
  9. 47AAPower of Charity Commissioner to apply to Court for appointment of new trustee where trustee convicted under Act
  10. 48Levy of administrative charges
  11. 49Transfer of property by Charity Commissioner
  12. 50Suits relating to public trusts
  13. 50APower of Charity Commissioner to frame, amalgamate or modify schemes
  14. 51Consent of Charity Commissioner for institution of suit.
  15. 52Non-application of sections 92 and 93 of Civil Procedure Code to public trusts.
  16. 52ASuit against assignee for valuable consideration not barred by time.
  17. 53Bequest under will for benefit of public trust.
  18. 54Dharmada.
  19. 55Cypres.
  20. 56Court's power to hear application.
  21. 56APowers of trustee to apply for directions.
  22. 56BProceedings involving question affecting public charitable or religious purpose.

Chapter VII-A SPECIAL PROVISION AS RESPECTS RELIGIOUS AND CHARITABLE →

  1. 56CProvisions of Chapter VII-A to apply to certain endowments
  2. 56DVesting, or transfer of management, of certain endowments
  3. 56ECommittees of management
  4. 56FTerm of office of members of committee
  5. 56GDisqualification of membership
  6. 56HPower of Government to appoint new member
  7. 56IChairman and treasurer of committee
  8. 56JMeeting of and procedure for committee
  9. 56KPower of Committee to appoint sub-committees
  10. 56LSecretary and other, officers of committee
  11. 56MTerms and conditions of service of Secretary and other servants
  12. 56NGeneral duties of committee
  13. 56OAct of committee not invalid by reason of vacancy or defect
  14. 56PPower of State Government to issue directions
  15. 56QPower of Charity Commissioner to require duties of committee to be performed and to direct expenses in respect thereof to be paid from fund of committee, etc.
  16. 56RPower to supersede a committee
  17. 56SPower to make regulations
  18. 56TNon-application of certain provisions of this Act to endowments

Chapter VIII PUBLIC TRUSTS ADMINISTRATION FUND. →

  1. 57Public Trusts Administration Fund
  2. 58Contributions by public trusts to Public Trusts Administration Fund
  3. 59Penalties as recovery of contribution
  4. 60Application of Public Trusts Administration Fund
  5. 61State Government to direct crediting of funds constituted under any Act in Schedule to Public Trusts Administration Fund constituted under this Chapter

Chapter IX ASSESSORS. →

  1. 62List of Assessors
  2. 63Person summoned to attend at the time and place specified
  3. 64Cases in which assessors shall be summoned
  4. 65Number of assessors to be called

Chapter X OFFENCES AND PENALTIES. →

  1. 66Penalty
  2. 67Other offences

Chapter XI FUNCTIOS OF CHARITY COMMISSIONERS, PROCEDURE, →

  1. 68Duties, functions and powers of Deputy or Assistant Charity Commissioner
  2. 69Duties, functions and powers of Charity Commissioner
  3. 70Appeals from findings of Deputy or Assistant Charity Commissioner
  4. 70ACharity Commissioner to call for and examine record and proceedings before Deputy or Assistant Charity Commissioner
  5. 71Appeal to Bombay Revenue Tribunal
  6. 72Application from Charity Commissioner's decision under section 40, 41, 50A, 70 or 70A etc.
  7. 73Officers holding inquiries to have powers of Civil Court
  8. 74Inquiries to be judicial inquiries
  9. 75Limitation
  10. 76Civil Procedure Code to apply proceedings before Court under this Act
  11. 77Recovery of sums due under section 18, 20, 41, 48, 79A, 79C or 79CC or rules

Chapter XII MISCELLANEOUS. →

  1. 78Charity Commissioner and other officers and assessors to be public servants
  2. 79Decision of property as public trust property
  3. 79ARecovery of costs and expenses incurred on legal proceedings by Charity Commissioner, etc.
  4. 79BCosts of proceedings before Courts including High Court
  5. 79CCosts of proceedings before Charity Commissioner, etc.
  6. 79DCourt fee to be paid as prescribed by Schedule B
  7. 79CCCompensatory costs for frivolous or vexatious proceedings before Charity Commissioner, etc.
  8. 80Bar of jurisdiction
  9. 81Indemnity from suits and proceedings
  10. 82Trial of offences under this Act
  11. 83Previous sanction of Charity Commissioner necessary for prosecution
  12. 84Rules
  13. 85Repeal
  14. 86Further repeals and savings consequent on commencement of Bom. XXIX of 1900, in other areas of State
  15. 87Act not to apply to certain wakfs to which Act XXIX of 1954 applies or to Gurudwara governed by Hyderabad Act XXXVII of 1956
  16. 88Provision for removal of difficulties

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