Chapter VIII PUBLIC TRUSTS ADMINISTRATION FUND.

(1) There shall be established a fund to be called the Public Trusts Administration Fund. The Fund shall vest in the Charity Commissioner.

(2) The following sums shall be credited, to the said Fund, namely: -

(a) fees and administrative charges leviable under sections 18 and 48;

(b) contributions made under section 58;

(c) the amount from the funds or the portion thereof credited under section 61;

(d) any sum received from a private person;

(e) any sum allotted by the State Government or any local authority; and

(f) any other sum which may be directed to be credited by or under the provisions of this Act or the Inter-State Corporations Act, 1957 or the Bombay Statutory Corporations Regional (Reorganisation) Act, 1960.

(1) Every public trust shall pay to the Public Trusts Administration Fund annually such contribution on such date and in such manner as may be prescribed:

Provided that the contribution prescribed under this section shall,-

(i) in the case of a dharmada, be fixed at rates in proportion to the gross annual collection or receipts of the dharmada;

(ii) in the case of other public trusts, be fixed at rates in proportion to the gross annual income of such public trust.

Explanation.—For the purposes of this section, the gross annual income shall include gross income from all sources in a year excluding donations given or offerings made with a specific direction that they shall form part of the corpus of the public trust :

Provided that the interest or income accruing from such donations or offerings in the years following that in which they were given or made shall be taken into account in calculating the gross annual income.

(2) Notwithstanding anything contained in sub-section (1), the State Government may, by rules, provide for exemption of any public trust or class of public trusts from the whole or any part of the contribution payable under that sub-section, subject to such conditions, if any, as may be prescribed.

(1) If the trustee of a public trust (other than the Charity Commissioner) or the person charging or collecting dharmada fails to pay the contribution under section 58, he shall be liable to penalties provided in section 66.

(2) The Charity Commissioner may also make an order directing the bank in which or any person with whom any moneys belonging to the public trust are deposited to pay the contribution from such moneys as may be standing to the credit of the public trust or may be in the hands of such person or may from time to time be recovered from or on behalf of the public trust by way of deposit by such bank or person and such bank or person shall be bound to obey such order. Every payment made pursuant to such order shall be a sufficient discharge to such bank or person from all liability to the public trust in respect of any sum or sums so paid by it or him out of the moneys belonging to the public trust so deposited with the bank or person.

(3) Any bank or person who has been ordered under sub-section (2) to make the payment may appeal to the State Government and the State Government may, after making such inquiry as it thinks fit, confirm, modify or cancel such order.

(1) The Public Trusts Administration Fund shall, subject to the provisions of this Act and subject to the general or special order of the State Government, be applicable to the payment of charges for expenses incidental to the regulation of public trusts and generally for carrying into effect the provisions of this Act.

(2) The custody and investment of the moneys to be credited to the Public Trusts Administration Fund and the disbursement and payment therefrom shall be regulated and made in the prescribed manner.

On the application of this Act to any public trust or class of public trusts which may have been registered under any of the Acts specified in Schedule A or Schedule AA the State Government may direct that the Charity Commissioner shall recover any arrears due under any such Act and that the amount of any fund for the administration of public trusts constituted under the said Act for the region or sub-region in which public trust or class of public trusts was registered or any portion thereof including the arrears recovered by the Charity Commissioner shall be credited to the Public Trusts Administration Fund constituted under this Chapter.