A]

128[or Schedule AA] 129[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 130[including the arrears recovered by the Charity Commissioner] shall be credited to the Public Trusts Administration Fund constituted under this Chapter. CHAPTER IX. ASSESSORS. 62. (1) On such date as may be prescribed, the Deputy or Assistant Charity Commissioner shall prepare lists of persons liable to serve as assessors. (2) Every person between the ages of 25 and 65 shall, except as may be prescribed by rules, be liable and serve as an assessor under this Act. (3) In the preparation of the lists, regard shall be had to the property, character, education, and religion of persons whose names are entered therein. (4) The lists so prepared shall be submitted to the Charity Commissioner and when approved by him shall be published in the Official Gazette. (5) The lists published under sub-section (4) shall be in operation for a period of three years : Provided that the Charity Commissioner may before the expiry of the said period direct any additions or alterations to be made therein. (6) The lists published under sub-section (4) shall notwithstanding anything contained in sub-section (5) be deemed to be valid and in operation for a further period of one year or until new lists are prepared in substitution thereof, whichever period expires first. 63. Every person summoned to serve as an assessor by 131[the Charity Commissioner or Deputy] or Assistant Charity Commissioner shall attend at the time and place when and where he is so summoned to attend, unless he is prevented from such attendance by a reasonable excuse. 64. In the following proceedings assessors shall be summoned to assist and advise the Charity Commissioner, Deputy or Assistant Charity Commissioner, as the case may be, namely:- 132[(a) an inquiry under section 19 or an inquiry under section 22 relating to a public trust other than a society referred to in section 2(13);] (b) 133[ * * * * ] (c) an inquiry regarding the loss caused to a public trust in consequence of the act or conduct of a trustee or any other person under section 40: (d) any other inquiry in which by rules or a general or special order made by the State Government in this behalf, the assessors are required to assist and advise the Charity Commissioner, the Deputy or Assistant Charity Commissioner or any other officer appointed under this Act: 134[Provided that in inquiries specified in clause (a) where no contest is involved the Deputy or Assistant Charity Commissioner may for reasons to be recorded in writing order that assessors shall not be so summoned.] State Government to direct crediting of funds constituted under any Act in Schedule to Public Trusts Administration Fund constituted under this Chapter. List of Assessors. Person summoned to attend at the time and place specified. Cases in which assessors shall be summoned. 1950: Bom. XXIX] Bombay Public Trusts Act, 1950 37 of 53 65. (1) 135[The Charily Commissioner or Deputy] or Assistant Charity Com- missioner shall choose, such number of assessors not less than three and not more than five as he deems fit to aid and assist him. In any inquiry relating to a public trust which is for the benefit of the members belonging to a particular religious denomination, the assessors chosen shall, as far as may be practi- cable, belonging to the said religious denomination. (2) At the conclusion of the inquiry he shall record their opinion in writing and require them to sign it. The opinion so recorded shall form part of the proceedings and due consideration shall be given to it in passing an order or arriving at a decision or making a report in the inquiry. (3) If in the course of any inquiry at any time before its conclusion, any assessor is from any sufficient cause, prevented from attending throughout the inquiry or absents himself and it is not practicable to enforce the attendance, the inquiry may be proceeded with the aid of the other assessor or assessors. (4) If all the assessors are prevented from attending or absent themselves, without sufficient cause, the inquiry shall be proceeded with the aid of fresh assessors : Provided that if 136[the Charity Commissioner or Deputy] or Assistant Charity Commissioner holding the inquiry is satisfied that for sufficient and adequate reasons the inquiry need not be delayed, he shall complete the inquiry and 137[where the enquiry is held by the Deputy or Assistant Charity Commissioner, he] shall report the matter to the Charity Commissioner. (5) The assessors shall be entitled to such allowances as may be prescribed. CHAPTER X. OFFENCES AND PENALTIES. 66. Whoever contravenes any provision of any of the sections mentioned in the first column of the following table shall, on conviction, for each such offence be punished with fine which may extend to the amount mentioned in that behalf in the third column of the said table: 138[Provided that a trustee who has a previous conviction under this section shall be punished with fine which, except for adequate reasons to the contrary recorded in the judgment of the Court, shall not be less than Rs. 300 or the amount mentioned in that behalf in the said table, whichever be less.] Explanation.-The entries in the second column of the said table headed "Subject" are not intended as the definitions of offences described in the sections mentioned in the first column or even as abstracts of those sections, but are inserted merely as references to the subject of the sections, the numbers of which are given in the first column: — TABLE Section Subject Fine which may be imposed 1 2 3 139[Section 18, sub-sections (1) and (4) Duty of trustee to make an app- Rs. lication to Deputy or Assistant Charity Commissioner for regi- stration of public trust within time. .. .. .. 1,000 Section 18, sub-section (7) .. Duty of trustee to send memo- randa of immovable property Number of assessors to be called. Penalty. [1950: Bom. XXIX Bombay Public Trusts Act, 1950 to certain officers and authori- ties within time. 200] Section 22 Failure to report a change. 1,000 140[Section 22B .. .. .. Failure to make an application within the time provided for. 500 Section 22C .. .. .. Failure to send memoranda within the time provided for 100] • * * * * * Section 29 .. .. .. Duty of an executor to apply for the registration of a public trust within the time provided for. 1,000 Section 32. .. .. .. Duty to keep regular accounts. 1,000 Section 35 .. .. .. Failure or omission to invest money in public securities.. 1,000 Section 59 .. .. .. Failure to pay contribution under section 58 by a trustee (other than the Charity Commissioner) 142[or by a person charging or co- llecting dharmada] .. 1,000 Section 63 .. .. .. Requiring an assessor to attend. 500 67. Whoever contravenes any of the provisions of this Act or the rules for which no specific penalty has been provided by this Act 143[ or fails without reasonable cause to comply with any order passed or direction issued under any of the provisions of this Act by the Charity Commissioner, Joint Charity Commissioner or Deputy or Assistant Charity Commissioner] shall, on conviction, be punished with fine which may extend to Rs. 500 : 144[Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, a person who has a previous conviction under this section, shall be punished with fine which shall not be less than Rs. 3001. CHAPTER XI. FUNCTIONS OF CHARITY COMMISSIONERS, PROCEDURE, JURISDICTION AND APPEALS. 68. For the purposes of this Act, the following shall be the duties and functions to be performed and powers to be exercised by the Deputy or Assistant Charity Commissioner for the region or sub-region for which he is appointed, namely :- (a) to keep and mantain such books, entries and other documents as may be prescribed under section 17; (b) to hold an inquiry under section 19 or 22 for any of the purposes mentioned in the said section; (c) to record entries in the register kept under section 17 and to make amendments in the said entries under section 22; 145[(cc) to send a memorandom under section 28-A;] (d) to enter on and inspect any trust property, to call for and inspect any proceedings of a trustee and to call for any return statement, account or report Other offences. Duties, functions and powers of Deputy or Assistant Charity Commissioner. 1950: Bom. XXIX] Bombay Public Trusts Act, 1950 39 of 53 from trustees or any person connected with a public trust under section 37; (e) to permit inspection of any statement, notice, intimation, account audit note or any other document; (f) to prepare a list of assessors under section 62 and to choose and summon them under sections 63 and 65 for the purpose of inquiries under this Act; (g) to exercise such other powers and to perform such other duties and functions as may be prescribed. 69. For the purposes of this Act, the following shall be the duties to be performed and powers to be exercised by the Charily Commissioner, namely: — (a) the general superintendence of the administration and carrying out the purposes of this Act under section 3; (b) power to entertain and dispose of appeals from the findings of a Deputy or Assistant Charity Commissioner under sections 20, 22 or 28; (c) power to determine which of the Deputy or Assistant Charity Com missioners shall proceed with an inquiry relating to the registration of any public trust under section 25; (d) power to direct a special audit of the accounts of a public trust under section 33; (e) power to require an auditor to forward to him a copy of a balance sheet and income and expenditure account under section 34; (f) power to permit a trustee to invest money of a public trust in any manner other than in public securities under section 35; (g) power to sanction a sale, mortgage, exchange, gift or lease of immovable property belonging to a public trust under section 36; (h) power to enter on and inspect any trust property, to call for and inspect any proceedings of a trustee, and to call for any return, statement, 146[books of account, document or] report from trustees or any person connected with a public trust under section 37; (i) power to hold an inquiry in regard to any loss caused to a public trust under section 40 and to order a surcharge under section 41; (j) 147[power to the Charity Commissioner, Bombay, to act] as the Treasurer of Charitable Endowments under the Charitable Endowments Act, 1890, under section 43; (k) power to act as a trustee of a public trust; (l) power to file a suit under section 50; 148[(l) power to frame, or modify scheme under section 50A;] (m) power to give or refuse consent to the institutions of a suit under section 51; (n) power to give notice to trustees for the cypres application of the trust money and to make an application to the court under section 55; (o) power to publish the lists of assessors under section 62; Duties, functions and powers of Charity Commis- sioner. VI of 1890. [1950: Bom. XXIX Bombay Public Trusts Act, 1950 (p) to exercise such other powers and perform such other duties and functions as may be prescribed. 70. (1) An appeal 149[against the finding or order] of the Deputy or Assistant Charity Commissioner may be filed to the Charity Commissioner in the following cases:- (a) the finding 150[and order, if any,] under section 20; (b) the finding under section 22; 151[(b-1) the finding under section 22A;] (c) the finding under section 28; (d) the order under sub-section (3) of section 54. (2) No appeal shall be maintainable after the expiration of sixty days from the recording of the finding or the passing of the order, as the case may be. (3) The Charity Commissioner may after hearing the appellant or any person appearing on his behalf, for reasons to be recorded in writing either annul, reverse, modify or confirm the finding of the order appealed against or he may direct the Deputy or Assistant Charity Commissioner to make further inquiry or to take such additional evidence as he may think necessary or he may himself take such additional evidence. 152[70A. (1) The Charity Commissioner may, in any of the cases mentioned in section 70, call for and examine the record and proceedings of such case before any Deputy or Assistant Charity Commissioner for the purpose of satisfying himself as to the correctness of any finding or order recorded or passed by the Deputy or Assistant Charity Commissioner and may either annul, reverse, modify or confirm the said finding or order or may direct the Deputy or Assistant Charity Commissioner to make further inquiry or take such additional evidence as he may think necessary or he may himself take such additional evidence: Provided that the Charity Commissioner shall not record or pass any order without giving the party affected thereby an apportunity of being heard. (2) Nothing in sub-section (1) shall entitle the Charily Commissioner to call for and examine the record of any case,- (a) during the period in which an appeal under section 70 can lie against any finding recorded by the Assistant or Deputy Charity Commissioner in such case, or (b) in which an order has been passed either in an appeal made under section 70 or 71 or on an application under section 72.] 71. (1) The appeal to the * Bombay Revenue Tribunal under sub-section (2) of section 51 against the decision of the Charity Commissioner refusing consent to the institution of the suit shall be filed within sixty days from the date of such decision in such form and shall be accompanied by such fee as may be prescribed. (2) The * Bombay Revenue Tribunal after making such inquiry as it thinks fit may confirm, revoke or modify the decision of the Charity Commissioner. (3) The decision of the * Bombay Revenue Tribunal shall be final and conclusive. Appeals from findings of Deputy or Assistant Charity Commissioner. Charity Commissioner to call for and exa- mine record and proceedings before Deputy or Assistant Charity Commissioner. Appeal to * Bombay Revenue Tribunal. 1950: Bom. XXIX] Bombay Public Trusts Act, 1950 41 of 53 72. (1) Any person aggrieved by the decision of the Charity Commissioner under section 40, 41, 153[50A], 154[70 or 70A] or on the questions 155[whether a trust exists and whether such trust is a public trust] or whether any property is the property of such trust **may, within sixty days from the date of the decision, apply to the court to set aside the said decision. (1A) No party to such application shall be entitled to produce additional evidence, whether oral or documentary, before the Court, unless the Deputy or Assistant Charity Commissioner or the Charity Commissioner has refused to admit evidence which ought to have been admitted or the Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment or for any other substantial cause to Court thinks it necessary to allow such additional evidence: Provided that whenever additional evidence is allowed to be produced by the Court, the Court shall record the reason for its admission.] (2) The Court after taking 159[evidence if any,] may confirm, revoke or modify the decision or remit the amount of the surcharge and make such orders as to costs as it thinks proper in the circumstances. (3) Pending the disposal of an application under sub-section (2) all proceedings for surcharge shall be stayed if the person aggrieved makes out a prima facie case for a stay order. (4) An appeal shall lie to the High Court against the decision of the court under sub-section (2) as if such decision was a decree from which an appeal ordinarily lies. 160[Explanation.-In this section, the expression "decision" shall include a scheme framed or modified under section 50A.] 73. In holding inquiries under this Act, the officer holding the same shall have the same powers as are vested in courts in respect of the following matters under the Code of Civil Procedure, 1908, in trying a suit:- (a) proof of facts by affidavits, (b) summoning and enforcing the attendance of any person and examining him on oath, (c) compelling the production of documents, (d) issuing of commissions. 74. All inquiries and appeals under this Act shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code. 75. In computing the period of appeal under this Chapter, 161[or of an application under section 72 the provisions of sections 4, 5, 12, and 14 of the Indian Limitation Act, 1908, shall apply to the filing of 162[such appeals and] applications.] 76. Save in so far as they may be inconsistent with anything contained in this Act, the provisions of the Code of Civil Procedure, 1908, shall apply to all proceedings before the court under this Act. Application from Charity Commissioner's decision under section 40, 157[41,50A, 70 or 70A] etc. V of 1908. Officers holding inquiries to have powers of Civil Court. XLV of 1860. Inquiries to be judicial inquiries. IX of 1908. Limitation. Civil Procedure Code to apply proceedings 163[before Court] under this Act. V of 1908. [1950: Bom. XXIX Bombay Public Trusts Act, 1950 77. All sums payable under section 18, 164[20], 41, 165[48] 79A, 166[79C or 79CC,] or under any rule, if not paid, shall notwithstanding anything contained in any law be recoverable as an arrear of land revenue. CHAPTER XII. MISCELLANEOUS. 78. The Charity Commissioner, Deputy and Assistant Charity Commissioners, Inspectors and other subordinate officers and Assessors appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. 79. (1) Any question, 168[whether or not a trust exists and such trust is a public trust] or particular property is the property of such trust, shall be decided by the Deputy or Assistant Charity Commissioner or the Charity Commissioner in appeal as provided by this Act. (2) The decision of the Deputy or Assistant Charity Commissioner or the Charity Commissioner in appeal, as the case may be, shall, unless set aside by the decision of the court 169[on application] or of the High Court in *appeal, be final and conclusive. 171[79A. All costs, charges and expenses incurred by the Charity Commissioner, or the Deputy or Assistant Charity Commissioner as a party to, or in connection with, any legal proceeding in respect of any public trust shall, notwithstanding anything contained in section 79B, be payable out of the property or funds of the public trust, except in cases where the liability to pay the same has been laid on any party or other person personally and the right to reimbursement under this section has been negatived in express terms. 79B. The costs, charges and expenses of and incidental to any suit, appeal or application to any court including the High Court under this Act shall be in the discretion of the Court, which may, subject to the provisions of section 79A, direct the whole or any part of such costs, charges and expenses to be met from the property or funds of the public trust concerned or to be borne and paid in such manner and by such persons as it thinks fit. 79C. The costs, charges and expenses of and incidental to any appeal, application or other proceeding before the Charity Commissioner or the Deputy or Assistant Charity Commissioner shall be in his discretion and he shall have full power to determine by whom or out of what property or funds and to what extent such costs, charges and expenses are to be paid. 172[79CC.(1) If in an inquiry under section 19 the Deputy or Assistant Charity Commissioner or in an inquiry under section 51 the Charity Commissioner is of opinon that the application on which such inquiry was commenced was either frivolous or vexatious the Deputy or Assistant Charity Commissioner or the Charity Commissioner, as the case may be, may at the request of the person against whom such application was made (hereinafter referred to as "the opponent") call upon the person making the application (hereinafter referred to as "the applicant") to show cause why the applicant should not pay compensation to the opponent and if the applicant is not present, direct the issue of a summons to him to appear and show cause as aforesaid. (2) If the Deputy or Assistant Charity Commissioner or the Charity Com- missioner, as the case may be, is satisfied that the application was either frivolous or vexatious he may, after recording reasons, order that Recovery of sums due under section 18, 167[20, 41, 48, 79A, 79C or 79CC] or rules. Charity Commissioner and other officers and assessors to be public servants. XLV of1860. Decision of property as public trust property. Recovery of costs and expenses incurred on legal proceedings by Charity Commissioner, etc. Costs of proceedings before Courts including High Court. Costs of proceedings before Charity Commis- sioner, etc. Compensatory costs for frivolus or vexations proceedings before Charity Commis- sioner, etc. 1950: Bom. XXIX] Bombay Public Trusts Act, 1950 43 of 53 compensation to such amount not exceeding two hundred and fifty rupees as he may determine be paid by the applicant to the opponent. (3) An appeal shall lie against an order awarding compensation under sub- section (2) if made by the Deputy or Assistant Charity Commissioner to the Charity Commissioner and if made by the Charity Commissioner to the * Bombay Revenue Tribunal and the provisons of sections 70 and 71 shall mutatis mutandis apply to such appeal.] 79D. Notwithstanding anything contained in the Court-fees Act, 1870, the documents described in columns 1 and 2 of Schedule B hereto shall bear a court-fee stamp of the value specified in column 3 thereof.] 80. Save as expressly provided in this Act, no civil court shall have jurisdiction to decide or deal with any question which is by or under this Act to be decided or dealt with by any officer or authority under this Act, or in respect of which the decision or order of such officer or authority has been made final and conclusive. 81. (1) No suit, prosecution or other proceeding shall be instituted against the State Government or any officer or authority in respect of anything in good faith done or purporting to be done under this Act. (2) Subject to the provisions of sub-section (1), no suit under section 50 shall, without the previous sanction of the State Government, be instituted against the Charity Commissioner in respect of a public trust of which he has been authorised to act as a trustee. 82. No Court inferior to that of a Presidency Magistrate or a Magistrate of the First Class shall try an offence punishable under this Act 83. No prosecution for an offence punishable under this Act, shall be instituted without the previous sanction of the Charity Commissioner. 84. (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Act (2) In particular and without prejudice to the generality of the foregoing provision such rules may be made for all or any of the following matters, namely: — (a) the manner of publishing the notification under sub-section (4) of section 1; 173[(aa) the qualifications of the Director, and Assistant Directors, of Accounts appointed under section 6;] (b) the powers, duties and functions of the officers other than the Charity Commissioner, Deputy and Assistant Charity Commissioners appointed under this Act in addition to those provided for in this Act; (c) the powers, duties and functions of assessors in addition to those provided for in this Act; (d) the limits of regions and sub-regions to be prescribed under sub- section (1) of section 14; (e) the books, indices and registers to be kept and maintained in a Public Trust Registration Office, and the particulars to be entered in such books, indices and registers under section 17; Court fee to be paid as prescribed by Schedule B. VII of 1870. Bar of jurisdiction. Indemnity from suits and proceedings. Trial of offences under this Act. Previous sanction of Charity Commissioner necessary for prosecution. Rules. [1950: Bom. XXIX Bombay Public Trusts Act, 1950 (f) the form in which an application for the registration of a public trust is to be made and the fee to be paid for the same, the other particulars to be entered therein and the manner in which an application for such registration to be signed and verified and the value and kind of trust property in respect of which it shall not be necessary to give particulars under section 18; (g) the manner in which an inquiry has to be made by the Deputy or Assistant Charity Commissioner under sections 19 and 39; (h) the form in which the 174[trustee] has to make a report regarding the change under section 22; (i) the book in which the Deputy or Assistant Charity Commissioner shall make an entry under section 23; 175[(j) the form of memorandum to be sent by trustees and Deputy and Assistant Charity Commissioners for registration 176[and the manner in which the memorandum shall be signed and verified;] (k) the particulars to be entered in the accounts under sub-section (2) of section 32 and the fee to be paid for special audit under section 33; (l) the manner of notifying contents of the will under section 46; (m) the administrative charges to be levied under sub-section (1) of section 48; 177[(m1) the manner of making an application under sub-section (1) of section 50A;] (n) the form of account to be submitted under sub-section (2), and the manner of passing order under sub-section (3). of section 54; (o) the time within which trustees may apply to the court for directions under sub-section (1) of section 55; 178[(o1) the conditions and restrictions subject to which the committee shall deal with property under sub-section (2) of section 56E; (o2) The honorarium or fees and allowances to be paid to chairman, trea surer and members of a committee under sub-section (2) of section 56I and the fund out of which such honorarium, or fees and allowances shall be paid; (o3) the interval at which a committee shall meet and the procedure it shall follow under section S6J; (o4) the terms and conditions as to service on which secretaries and officers of a committee are appointed under section S6M and the fund out of which their salary and allowances shall be paid;] (p) the date on which and the manner in which and the amount of contribution which every public trust shall pay annually under section 58 and the manner in which the custody and investment of, and the disbursement and payment from, such fund shall be made under section 60; 179[(pi) exemption of any public trust or class of public trusts under subsection (2) of section 58 and the conditions of exemption;] 1950: Bom. XXIX] Bombay Public Trusts Act, 1950 45 of 53 (q) the date on which the Deputy or Assistant Charity Commissioner shall prepare a list of assessors under sub-section (1) and the persons who may be exempted to serve as assessors under sub-section (2) of section 62; (r) the allowances to be paid to assessors under sub-section (5) of sec- tion 65; (s) the other powers, duties and functions to be exercised and performed by a Deputy or Assistant Charity Commissioner under section 68; (t) the other powers, duties and functions to be exercised and performed by the Charity Commissioner under section 69; (u) the form of appeal and the fee to be paid for filing such appeal under section 71; (v) the custody and investment of the money to be credited to the Public Trusts Administration Fund and the disbursement and payment therefrom; (w) any other matter which is to be or may be prescribed under this Act. (3) All rules made under this section shall be subject to the condition of previous publication. 180[(4) All rules made under this Act shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made, and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following. The modifications so made shall be published in the Official Gazette and shall take effect on and from the date of their publication.] 85. (1) The Religious Endowments Act, 1863, is hereby repealed. (2) 181[On the date of the application] of the provisions of this Act to any public trust or class of public trusts under sub-section (4) of section 1 182[hereafter in this section referred to as the said date)], the provisions of the Act specified in