What does Section 2 of The Bombay Public Trusts Act, 1950 say?

(1) "Assessor" means a person appointed as assessor under section 7; (2) "Assistant Charity Commissioner" means an Assistant Charity Commissioner appointed under section 5; (3) "Charity Commissioner" means the Charity Commissioner appointed under section 3; (4) "Court" means in the Greater Bombay, the City Civil Court and elsewhere, the District Court; (5) "Deputy Charity Commissioner" means the Deputy Charity Commissioner appointed under section 5; (6) "Hindu" includes Jain, Buddhist and Sikh;
What does Section 4 of The Bombay Public Trusts Act, 1950 say?

(a) who is holding or has held a judicial office not lower in the rank than that of a District Judge, or a Judge of the Bombay City Civil Court or the Chief Judge of the Presidency Small Cause Court, or (b) who has been for not less than ten years- (i) an advocate enrolled under the Indian Bar Councils Act, 1926 (XXXVIII of 1926). (ii) an attorney of the High Court, or (iii) a pleader enrolled under the Bombay Pleaders Act, 1920 (Bombay XVII of 1920).
What does Section 5 of The Bombay Public Trusts Act, 1950 say?

(a) who is holding or has held a judicial office not lower in the rank than that of a Civil Judge (Senior Division) or a Judge of the Court of Small Causes of Bombay or any office which in the opinion of the State Government is an equivalent office, or (b) who has been for not less than eight years- (i) an advocate enrolled under the Indian Bar Councils Act, 1926. (ii) an attorney of the High Court, or (iii) a pleader enrolled under the Bombay Pleaders Act, 1920.] (a) who is holding or has held
What does Section 2 of The Bombay Public Trusts Act, 1950 say?

(1) "Assessor" means a person appointed as assessor under section 7; (2) "Assistant Charity Commissioner" means an Assistant Charity Commissioner appointed under section 5; (3) "Charity Commissioner" means the Charity Commissioner appointed under section 3; (4) "Court" means in the Greater Bombay, the City Civil Court and elsewhere, the District Court; (5) "Deputy Charity Commissioner" means the Deputy Charity Commissioner appointed under section 5; (6) "Hindu" includes Jain, Buddhist and Sikh;
What does Section 4 of The Bombay Public Trusts Act, 1950 say?

(a) who is holding or has held a judicial office not lower in the rank than that of a District Judge, or a Judge of the Bombay City Civil Court or the Chief Judge of the Presidency Small Cause Court, or (b) who has been for not less than ten years- (i) an advocate enrolled under the Indian Bar Councils Act, 1926 (XXXVIII of 1926). (ii) an attorney of the High Court, or (iii) a pleader enrolled under the Bombay Pleaders Act, 1920 (Bombay XVII of 1920).
What does Section 5 of The Bombay Public Trusts Act, 1950 say?

(a) who is holding or has held a judicial office not lower in the rank than that of a Civil Judge (Senior Division) or a Judge of the Court of Small Causes of Bombay or any office which in the opinion of the State Government is an equivalent office, or (b) who has been for not less than eight years- (i) an advocate enrolled under the Indian Bar Councils Act, 1926. (ii) an attorney of the High Court, or (iii) a pleader enrolled under the Bombay Pleaders Act, 1920.] (a) who is holding or has held
← Back to Directory
The Bombay Public Trusts Act, 1950

Q: What does Section 3 of The Bombay Public Trusts Act, 1950 say?

[3A. Joint Charity Commissioners.
Raw JSON API
6B. Cost of pay, pension, etc. of Charity Commissioner, etc, to be paid to Government out of the Public Trusts Administration Fund.

Section 6B
22C. Registration of particulars of immovable property of trusts already registered with certain officers and authorities.

Section 22C
56Q. Power 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.

Section 56Q
61. State Government to direct crediting of funds constituted under Act in Schedule to Public Trusts Administration Fund constituted under this Chapter.

Section 61
68. Duties, functions and powers of Deputy or Assistant Charity Commissioner for which 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.

Section 68
87. Act not to apply to certain wakfs to which Act XXIX of 1954 applies or to Gurudwara governed by Hyderabad Act, XXXVII of 1956.

Section 87
1. The Charitable and Religious Trusts Act, 1920 (XIV of 1920), in its application to the areas of the State other than the area comprised in the [Bombay area of the State of Gujarat] .

Section 1
{
    "id": 16729,
    "slug": "bombay-public-trusts-act-1950",
    "title": "The Bombay Public Trusts Act, 1950",
    "short_title": "The Bombay Public Trusts Act, 1950",
    "act_number": "(Bombay Act No 29 of 1950)",
    "act_year": 1950,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bombay Public Trusts Act, 1950",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent, operation and application.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(1) \"Assessor\" means a person appointed as assessor under section 7;\n(2) \"Assistant Charity Commissioner\" means an Assistant Charity Commissioner appointed under section 5;\n(3) \"Charity Commissioner\" means the Charity Commissioner appointed under section 3;\n(4) \"Court\" means in the Greater Bombay, the City Civil Court and elsewhere, the District Court;\n(5) \"Deputy Charity Commissioner\" means the Deputy Charity Commissioner appointed under section 5;\n(6) \"Hindu\" includes Jain, Buddhist and Sikh;\n(7) \"Inspector\" means an Inspector appointed under section 6;\n[(7A) \"instrument of trust\" means the instrument by which trust is created by the author of the trust and includes a scheme framed by a competent authority;]\n[(7B) \"Joint Charity Commissioner\" means a Joint Charity Commissioner appointed under section 3A.]\n(8) \"manager\" means any person (other than a trustee) who for the time being either alone or in association with some other person or persons administers the trust property of any public trust and includes-\n(a) in the case of a math, the head of such math;\n(b) in the case of a wakf, a mutawalli of such wakf;\n(c) In case of society registered under the Societies Registration Act, 1860 (XXI of 1860), its governing body, if the property of the society is not vested in a trustee;\n(9) \"math\" means an institution for the promotion of the Hindu religion presided over by a person whose duty it is to engage himself in imparting religious instructions or rendering spiritual service to a body of disciples or who exercises or claims to exercise headship over such a body and includes places of religious worship or instruction which are appurtenant to the institution;\n(10) \"person having interest\" [mcludes] -\n(a) in the case of a temple, person who is entitled to attend at or is in the habit of attending the performance of worship or service in the temple, or who is entitled to partake or is in that habit of partaking in the distribution of gifts thereof,\n(b) in the case of a math, a disciple of the math or a person of the religious persuasion to which the math belongs,\n(c) in the case of a wakf, a person who is entitled to receive any pecuniary or other benefit from the wakf and includes a person who has right to worship or to perform any religious rite in a mosque, idgah, imambara, dargah, maqbara or other religious institution connected with the wakf or to participate in any religious or charitable institution under the wakf,\n(d) in the case of the society registered under the Societies Registration Act, 1860 (XXI of 1860), any number of such society, and\n(e) in the case of any other public trusts, any beneficiary;\n(11) \"prescribed\" means prescribed by rules;\n(12) \"public securities\" means-\n(a) securities of the Central Government or any State Government;\n(b) stocks, debentures or shares in Railway or other companies, the interest or dividend on which has been guaranteed by the Central or any State Government;\n(c) debentures or other securities for money issued by or on behalf of any local authority in exercise of the powers conferred by an act of the Central or State Legislature;\n(d) a security expressly authorised by an order which the State Government makes in this behalf;\n(13) \"Public trust\" means an express or constructive trust for either a public religious or charitable purpose or both and includes a temple, a math, a wakf, [a dharmada] or any other religious or charitable endowment and a society formed either for a religious or charitable purpose or for both and registered under the Societies Registration Act, 1860 (XXI of 1860);\n(14) \"region\" or \"sub-region\" means the areas designated as such and for which a Public Trusts Registration Office has been established under this Act;\n(15) \"rules\" means rules made under this Act;\n[***]\n(17) \"temple\" means a place by whatever designation known and used as a place of public religious worship and dedicated to or for the benefit of or used as of right by the Hindu community or any section thereof as a place of public religious worship;\n(18) \"Trustee\" means a person in whom either alone or in association with other persons, the trust property is vested and includes a manager;\n(19) \"Wakf\" means a permanent dedication by a person professing Islam of any moveable or immoveable property for any purpose recognised by Islamic law as pious, religious or charitable and includes a wakf by user but does not include a wakf such as is described in Section 3 of the Mussalman Wakf Validating Act, 1913 under which any benefit is for the time being claimable for himself by the person by whom the wakf was created or any member of his family or descendants: (II of 1982).\n(20) Words and expressions used but not defined in this Act and defined in the Indian Trusts Act, 1882, shall have the meanings assigned to them in that Act.\n2A. [Construction of certain references in the Act in their application to that part of Mysore to which the Act extends.] Deleted by Bombay 6 of 1960, Section 5.\n[2B. Construction of certain references in the Act in their application to that part of Gujarat to which the Act extends.\n(1) To the State or the State Government or the High Court shall be construed as a reference to the State, the Government or the High Court of Gujarat (XXI of 1958).\n(2) To the Bombay Revenue Tribunal shall be construed as a reference to the Gujarat Revenue Tribunal, constituted under the Bombay Revenue Tribunal Act, 1957] .\nChapter II\nEstablishment",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Charity Commissioner.",
            "chapter": null,
            "content": "[3A. Joint Charity Commissioners.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Qualifications for appointment of Charity Commissioner [and Joint Charity Commissioner] .",
            "chapter": null,
            "content": "(a) who is holding or has held a judicial office not lower in the rank than that of a District Judge, or a Judge of the Bombay City Civil Court or the Chief Judge of the Presidency Small Cause Court, or\n(b) who has been for not less than ten years-\n(i) an advocate enrolled under the Indian Bar Councils Act, 1926 (XXXVIII of 1926).\n(ii) an attorney of the High Court, or\n(iii) a pleader enrolled under the Bombay Pleaders Act, 1920 (Bombay XVII of 1920).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Deputy and Assistant Charity Commissioners.",
            "chapter": null,
            "content": "(a) who is holding or has held a judicial office not lower in the rank than that of a Civil Judge (Senior Division) or a Judge of the Court of Small Causes of Bombay or any office which in the opinion of the State Government is an equivalent office, or\n(b) who has been for not less than eight years-\n(i) an advocate enrolled under the Indian Bar Councils Act, 1926.\n(ii) an attorney of the High Court, or\n(iii) a pleader enrolled under the Bombay Pleaders Act, 1920.]\n(a) who is holding or has held a judicial office not lower in the rank than that of a Civil Judge (Junior Division) or any office which in the opinion of the State Government is an equivalent office, for not less than four years, or\n(b) who has been for not less than seven years-\n(i) an advocate enrolled under the Indian Bar Councils Act, 1929.\n(ii) an attorney of the High Court, or\n(iii) a pleader enrolled under the Bombay Pleaders Act, 1920.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Subordinate Officers.",
            "chapter": null,
            "content": "[6A. Charity Commissioner and other officers to be servants of State Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "6B",
            "title": "6B. Cost of pay, pension, etc. of Charity Commissioner, etc, to be paid to Government out of the Public Trusts Administration Fund.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "7",
            "title": "7. Assessors.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "8",
            "title": "8. Delegations.",
            "chapter": null,
            "content": "Chapter III\nCharitable Purposes and Validity of Certain Public Trusts",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "9",
            "title": "9. Charitable Purposes.",
            "chapter": null,
            "content": "(1) relief of poverty or distress,\n(2) education,\n(3) medical relief and\n(4) the advancement of any other object of general public utility, but does not include a purpose which relates-\n(a) exclusively to sports, or\n(b) exclusively to religious teaching or worship",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "10",
            "title": "10. Public trust not to be void on ground of uncertainty.",
            "chapter": null,
            "content": "Explanation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "11",
            "title": "11. Public trust not void on ground that it is void for non-charitable or nonreligious purpose.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "12",
            "title": "12. Public trust not void on ground of absence of obligation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "13",
            "title": "13. Public trust not void on failure of specific object or society, etc. ceasing to exist.",
            "chapter": null,
            "content": "(a) that the performance of the specific object for which the trust was created has become impossible or impracticable, or\n(b) that the society or institution does not exist or has ceased to exist, notwithstanding the fact that there was no intent for the appropriation of the trust property for a general charitable or religious purpose.\nChapter IV\nRegistration of Public Trusts",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "14",
            "title": "14. Regions and sub-regions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "15",
            "title": "15. Public Trusts Registration Office.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "16",
            "title": "16. Deputy or Assistant Charity Commissioner to be in charge of Public Trusts Registration Office.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "17",
            "title": "17. Books, Indices and Registers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "18",
            "title": "18. Registration of Public Trusts.",
            "chapter": null,
            "content": "(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\n(b) in the case of a public trust created after this Act comes into force, within three months of its creation.\n[(ai) the designation by which the public trust is or shall be known (hereinafter referred to as the name of the public trust] ,\n(i) the names and addresses of the trustees and the manager;\n(ii) the mode of succession to the office of the trustee;\n(iii) the list of moveable and immovable trust property and such descriptions and particulars as may be sufficient for the identification thereof;\n(iv) the approximate value of movable and immovable property;\n(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;\n(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;\n(vii) the address to which any communication to the trustee or manager in connection with the public trust may be sent;\n(viii) such other particulars which may be prescribed",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "19",
            "title": "19. Inquiry for Registration.",
            "chapter": null,
            "content": "[(i) whether a trust exists and whether such trust is a public trust,]\n(ii) whether any property is the property of such trust,\n(iii) whether the whole or any substantial portion of the subject-matter of the trust is situate within his jurisdiction,\n(iv) the names and addresses of the trustees and manager of such trust,\n(v) the mode of succession to the office of the trustee of such trust,\n(vi) the origin, nature and object of such trust,\n(vii) the amount of gross average annual income and expenditure of such trust, and\n(viii) any other particulars as may be prescribed under sub-section (5) of section 18.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "20",
            "title": "20. Findings of Deputy or Assistant Charity Commissioners.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "21",
            "title": "21. Entries in register.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "22",
            "title": "22. Change.",
            "chapter": null,
            "content": "[22A. Further inquiry by Deputy or Assistant Charity Commissioner.\n[22B. Registration of trust property in the name of public trust, which has already been registered, etc.\n(a) which is deemed to have been registered under this Act or under section 28, or\n(b) which has been registered under this Act before the date of the coming into force of the Bombay Public Trusts (Amendment) Act, 1955, (Bombay XXIII of 1955) (hereinafter referred to as the said date) on an application made under section 18, or\n(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 and shall state in the application the name of the public trust.\n(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\n(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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "22C",
            "title": "22C. Registration of particulars of immovable property of trusts already registered with certain officers and authorities.",
            "chapter": null,
            "content": "(a) which is deemed to have been registered under this Act under [section 28, read with Schedule A] , or\n(b) which has been registered under this Act before the coming into force of the Bombay Public Trusts (Amendment) Act, 1955 (Bombay XXIII of 1955) (hereinafter referred to as the said date) on an application made under section 18, or\n(c) in respect of which an application has been made under section 18 and such application, was pending on the said date,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "23",
            "title": "23. Procedure where trust property is situate in several regions or sub-regions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "24",
            "title": "24. Stay of inquiry.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "25",
            "title": "25. Inquiry regarding public trust not to be held by more than one Deputy or Assistant Charity Commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "26",
            "title": "26. Court to forward copy of decision to Charity Commissioner.",
            "chapter": null,
            "content": "27. [Stamping of scripts].",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "28",
            "title": "28. Public Trust previously registered under enactments specified in Schedule.",
            "chapter": null,
            "content": "[28A. Copy of entries relating to immoveable property to be sent to sub-registrar, revenue and local authorities.\n(i) to the sub-registrar of the sub-district appointed under the Indian Registration Act, 1908 (XVI of 1908) in which such immoveable property is situate.\n[***]\n28B. [Duty of certain officers and authorities to maintain registers of trust property.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "29",
            "title": "29. Public trusts created by will.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "30",
            "title": "30. Notice of particulars of immovable property [***] entered in register.",
            "chapter": null,
            "content": "(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;\n(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] .",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "31",
            "title": "31. Bar to hear or decide suits.",
            "chapter": null,
            "content": "Chapter V\nAccounts and Audit",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "32",
            "title": "32. Maintenance of accounts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "33",
            "title": "33. Balancing and auditing of accounts.",
            "chapter": null,
            "content": "[(a) the Charity Commissioner may direct a special audit of accounts of any public trust whenever in his opinion such special audit is necessary. The provisions of sub-sections (2) and (3) shall, so far as may be applicable, apply to such special audit. The Charity Commissioner may direct the payment of such fee as may be prescribed for such special audit; [and]\n(b) State Government may, by general or special order, exempt any public trust or class of public trusts from the provisions of sub-section (2), subject to such conditions as may be specified in the order.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "34",
            "title": "34. Auditor's duty to prepare balance sheet and to report irregularities, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "35",
            "title": "35. Investment of public trust money.",
            "chapter": null,
            "content": "36. [(1) [Notwithstanding anything contained in the instrument of trust] .\n(a) no sale, mortgage, exchange or gift of any immoveable property, and\n(b) no lease for a period exceeding ten years in case of agricultural land or for a period exceeding three years in the case of non-agricultural land or a building.\nChapter VI\nControl",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "37",
            "title": "37. Power of inspection and supervision.",
            "chapter": null,
            "content": "(a) to enter on and inspect or cause to be entered on and inspect any property belonging to a public trust;\n(b) to call for or inspect any extract from any proceedings of the trustees of any public trust, [and any books of accounts or documents in the possession, or under the control, of the trustees or any person on behalf of the trustees;]\n(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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "38",
            "title": "38. Explanation of report of auditor.",
            "chapter": null,
            "content": "[39. Report to Charity Commissioner.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "39",
            "title": "40. Decision of Charity Commissioner on report under section 39.",
            "chapter": null,
            "content": "(a) the amount of loss caused to a public trust;\n(b) whether such loss was due to any [gross negligence, breach of trust] , misapplication or misconduct on the part of any person;\n(c) whether any of the trustees, or any other person was responsible for such loss.\n(d) the amount which any of the trustees or any other person is liable to pay to the public trust for such a loss.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "41",
            "title": "41. Order of surcharge.",
            "chapter": null,
            "content": "[41A. Power of Charity Commissioner to issue directions to trustees and other persons.\nChapter VII\nOther Functions and Powers of Charity Commissioner",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "42",
            "title": "42. Charity Commissioner to be corporation sole.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "43",
            "title": "43. Charity Commissioner to be Treasurer of Charitable Endowments under Act VI of 1890.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "44",
            "title": "44. Charity Commissioner can act Trustee of Public trusts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "45",
            "title": "45. Charity Commissioner may with the consent be appointed trustee of settlement by grantor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "46",
            "title": "46. Appointment of Charity Commissioner as trustee under will.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "47",
            "title": "47. Power of Court to appoint new trustee or trustees, as the case may be.",
            "chapter": null,
            "content": "(a) disclaims or dies;\n(b) is for a continuous period of six months absent from India without the leave of the Charity Commissioner or Deputy or Assistant Charity Commissioner or the office authorised by the State Government in this behalf;\n(c) leaves India for the purposes of residing abroad;\n(d) is declared an insolvent;\n(e) desires to be discharged from the trust;\n(f) refuses to act as a trustee;\n(g) becomes in the opinion of the Court unfit or physically incapable to act in the trust or accepts a position which is inconsistent with the trust; or\n(h) in any of the cases mentioned in Chapter III is not available to administer the trust.\n(a) unless the trustee who on account of any of the reasons mentioned in clauses (a) to (h) of sub-section (1) is not fit or available to administer the trust is the sole trustee or unless by the vacation of office by one or more trustees on account of any of the said reasons the minimum number of trustees required by the instrument, scheme, order or decree of the Court or usage or custom of the trust for the administration of the trust is reduced;\n(b) (i) until the expiration of a period of three months from the date on which the trustee is not so fit or available to administer the trust; and\n(ii) if a new trustee has been appointed in the said office during the said period in accordance with the instrument, scheme, order or decree of the Court, or custom or usage of the trust.\n(a) to the wishes of the author of the trust;\n(b) to the wishes of the person, if any, empowered to appoint a new trustee;\n(c) to the question whether the appointment will promote or impede the execution of the trust;\n(d) to the interest of the public or the section of the public who have interest in the trust; and\n(e) to the custom and usage of the trust;\n[47A. Power to Court to vest in new trustee.\n[47AA. Power of Charity Commissioner to apply to Court for appointment of new trustee where trustee is convicted under Act.]\n[47B. Court 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.\n(a) shall empower any Court to appoint the Charity Commissioner to be a trustee of any public trust for a religious purposes, or\n(b) shall entitle the Charity Commissioner to accept any trust, if such acceptance requires the Charity Commissioner to manage the affairs of any religious denomination or any section thereof in the matter of religion:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "48",
            "title": "48. Levy of administrative charge.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "49",
            "title": "49. Transfer of property by Charity Commissioner.",
            "chapter": null,
            "content": "(a) the original trustee (if any),\n(b) any other lawfully appointed trustee, or\n(c) any other person, if the Court so directs.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "50",
            "title": "50. Suits relating to public trusts.",
            "chapter": null,
            "content": "(i) where it is alleged that there is a breach of public trust,\n(ii) [where direction is required to recover possession of a property belonging to a public trust] [or the proceeds thereof or for an account of such property or proceeds] from any person including a person holding adversely to the public trust, or\n(iii) where the direction of the court is deemed necessary for the administration of any public trust.\n(a) an order for the recovery of the possession of such property [or proceeds thereof] ,\n(b) the removal of any trustee or manager,\n(c) the appointment of a new trustee or manager,\n[(cc) vesting any property in a trustee,]\n(d) a direction for taking accounts and making certain inquiries,\n(e) a declaration as to what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust,\n(f) a direction authorising the whole or part of the trust property to be let, sold, mortgaged or exchanged,\n(g) the settlement of a scheme or variations or alterations in a scheme already settled, or\n(h) granting such further or other relief as the nature of the case may require:\n[50A. Power of Charity Commissioner to frame, amalgamate or modify schemes.\n(a) publishing a notice in the Official Gazette and also in at least two newspapers (one in English, and the other in the language of the region) with a wide circulation in the region in which the trust is registered, and\n(b) giving the trustees of such trusts and also other interested persons due opportunity to be heard, frame a common scheme for the same.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "51",
            "title": "51. Consent of Charity Commissioner for institution of suit.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "52",
            "title": "52. Non-application of sections 92 and 93 of Civil Procedure Code to public trusts.",
            "chapter": null,
            "content": "[52A. Suit against assignee for valuable consideration not barred by time.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "53",
            "title": "53. Bequest under will for benefit of public trust.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "54",
            "title": "54. Dharmada.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "55",
            "title": "55. Cy pres.",
            "chapter": null,
            "content": "(a) the original object for which the public trust was created has failed;\n(b) the income or any surplus balance of any public trust has not been utilised or is not likely to be utilised;\n(c) [in the case of a public trust other than a trust for a religious purpose, it is not in public interest] expedient, practicable, desirable, necessary or proper to carry out wholly or partially the original intention of the author of the public trust or the object for which the public trust was created and that the property or the income of the public trust or any portion thereof should be applied to any other charitable or religious object, or\n(d) in any of the cases mentioned in sections 10 to 13 or in regard to the appropriation of the dharmada sums held in trust under section 54 the directions of the court are necessary, the Charity Commissioner shall [require the trustees to apply within the prescribed time for directions to the Court within the local limits of whose jurisdiction the whole or part of the subject-matter of the trust is situated.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "56",
            "title": "56. Court's power to hear application.",
            "chapter": null,
            "content": "[56A. Powers of trustee to apply for directions.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "56B",
            "title": "56B. Proceedings involving question affecting public charitable or religious purpose.",
            "chapter": null,
            "content": "[Chapter VII-A]\nSpecial Provision as Respects Religious and Charitable Institutions and Endowments Which Vests in, or the Management of which Vests In, the State Government",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "56C",
            "title": "56C. Provisions of Chapter VII-A to apply to certain endowments.",
            "chapter": "Chapter VII",
            "content": "(a) has been registered under the provisions of this Act as, or\n(b) is declared by the State Government by notification in the Official Gazette , after such inquiry as it thinks fit, and after previous publication, to be a public trust.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "56D",
            "title": "56D. Vesting, or transfer of management of certain endowments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "56E",
            "title": "56E. Committees of management.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "56F",
            "title": "56F. Terms of office of Members of Committee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        },
        {
            "number": "56G",
            "title": "56G. Disqualification of membership.",
            "chapter": null,
            "content": "(a) is a minor;\n(b) has been convicted by a criminal court of any offence involving moral turpitude;\n(c) is of unsound mind, and is so declared by a competent court;\n(d) is an undischarged insolvent;\n(e) has directly or indirectly interest in a lease or any other transaction relating to the property vesting in the committee;\n(f) is a paid servant of the committee or has any share or interest in a contract for the supply of goods to, or for the execution of any works, or the performance of any service, undertaken by the committee in respect of the endowment;\n(g) is found to be guilty of misconduct by the State Government;\n(h) in the case of a religious endowment ceases to profess the religion or to belong to the religious denomination for which the committee is appointed;\nor\n(i) is otherwise unfit.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "56H",
            "title": "56H. Power of Government to appoint new member.",
            "chapter": null,
            "content": "(a) resigns or dies;\n(b) is for a continuous period of six months absent from India without leave of the Charity Commissioner;\n(c) leaves India for the purpose of residing abroad;\n(d) desires to be discharged;\n(e) refuses to act; or\n(f) is removed by the State Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 61
        },
        {
            "number": "56I",
            "title": "56I. Chairman and Treasurer of Committee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 62
        },
        {
            "number": "56J",
            "title": "56J. Meeting of and procedure for Committee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 63
        },
        {
            "number": "56K",
            "title": "56K. Power of committee to appoint Sub-Committees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 64
        },
        {
            "number": "56L",
            "title": "56L. Secretary and other officers of committee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 65
        },
        {
            "number": "56M",
            "title": "56M. Terms and Conditions of service of Secretary and other servant.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 66
        },
        {
            "number": "56N",
            "title": "56N. General duties of the committees.",
            "chapter": null,
            "content": "(a) maintain a record containing information relating to the origin, income, object and the beneficiaries of every such endowment;\n(b) prepare a budget estimating its income and expenditure;\n(c) make regular payment of salaries and allowances and other sums payable to the Secretary, officers and servants of a committee from such funds, as may be prescribed;\n(d) keep separate accounts for each such endowment;\n(e) ensure that the income and property of the endowment are applied to the objects and for the purposes for which such endowment was created, intended or is to be administered;\n(f) take measures for the recovery of lost properties of any such endowment;\n(g) institute and defend any suits and proceedings in a court of law relating to such endowment;\n(h) supply such returns, statistics, accounts and other information with respect to such endowment as the State Government may from time to time, require;\n(i) inspect or cause the inspection of the properties of such endowment; and\n(j) generally do all such acts as may be necessary for the proper control, maintenance and administration of such endowment.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 67
        },
        {
            "number": "560",
            "title": "560. Act of committee not invalid by reason of vacancy or defect.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 68
        },
        {
            "number": "56P",
            "title": "56P. Power of State Government to issue directions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 69
        },
        {
            "number": "56Q",
            "title": "56Q. Power 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.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "56R",
            "title": "56R. Power to supersede a committee.",
            "chapter": null,
            "content": "(a) all the members of the committee shall, as from the date of supersession vacate their offices as such members;\n(b) all the powers, duties and functions which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the committee, shall, during the period of supersession, be exercised and performed by such person or persons as the State Government having regard to the provisions of sub-section (1) of section 56G may direct; and\n(c) all property vested in, or the management of which is vested in, the committee shall during the period of supersession vest in the State Government.\n(a) extend the period of supersession for such further period as it may consider necessary, or;\n(b) reconstitute the committee in the manner provided in section 56E.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 71
        },
        {
            "number": "56S",
            "title": "56S. Power to make regulations.",
            "chapter": null,
            "content": "(i) despatch of day-to-day proceedings and routine business of the committee, under section 56J;\n(ii) the manner in which any person who is not a member of a committee, or sub-committee may be associated with such committee or sub-committee as the case may be, under section 56K;\n(iii) terms and conditions of service of the servants of a committee under section 56 M.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 72
        },
        {
            "number": "56T",
            "title": "56T. Non-application of certain provisions of this Act to endowments.",
            "chapter": null,
            "content": "Chapter VIII\nPublic Trusts Administration Fund",
            "footnote": "",
            "is_definition": false,
            "sort_order": 73
        },
        {
            "number": "57",
            "title": "57. Public Trust Administration Fund.",
            "chapter": null,
            "content": "(a) fees and administrative charges leviable under Sections 18 and 48;\n(b) contributions made under section 58;\n(c) the amount from the funds or the portion thereof credited under section 61;\n(d) any sum received from a private person;\n(e) any sum allotted by the State Government or any local authority, and\n(f) any other sum which may be directed to be credited by or under the",
            "footnote": "",
            "is_definition": false,
            "sort_order": 74
        },
        {
            "number": "58",
            "title": "58. Contributions by public trusts to Public Trusts Administration Fund.",
            "chapter": null,
            "content": "(i) in the case of a dharmada, be fixed at rates in proportion to the gross annual collection or receipts of the dharmada;\n(ii) in case of other public trusts, be fixed at rates in proportion to the gross annual income of such public trust.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 75
        },
        {
            "number": "59",
            "title": "59. Penalties as recovery of Contribution.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 76
        },
        {
            "number": "60",
            "title": "60. Application of Public Trusts Administration Fund.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 77
        },
        {
            "number": "61",
            "title": "61. State Government to direct crediting of funds constituted under Act in Schedule to Public Trusts Administration Fund constituted under this Chapter.",
            "chapter": null,
            "content": "Chapter IX\nAssessors",
            "footnote": "",
            "is_definition": false,
            "sort_order": 78
        },
        {
            "number": "62",
            "title": "62. List of Assessors.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 79
        },
        {
            "number": "63",
            "title": "63. Person summoned to attend at the time and place specified.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 80
        },
        {
            "number": "64",
            "title": "64. Cases in which assessors shall be summoned.",
            "chapter": null,
            "content": "[(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);]\n(b) [***]\n(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;\n(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;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 81
        },
        {
            "number": "65",
            "title": "65. Number of assessors to be called.",
            "chapter": null,
            "content": "Chapter X\nOffences and Penalties",
            "footnote": "",
            "is_definition": false,
            "sort_order": 82
        },
        {
            "number": "66",
            "title": "66. Penalty.",
            "chapter": null,
            "content": "Explanation.\nTable\nTable\nSection\nSection\nSubject\nSubject\nFine which may be imposed\nFine which may be imposed\n1\n1\n2\n2\n3\n3\n[Section 18, sub-sections (1) and (4)\nDuty of trustee to make an application to Deputy\n\t\t\t\tor Assistant Charity Commissioner for registration of public\n\t\t\t\ttrust within time...\nRs. 1,000",
            "footnote": "",
            "is_definition": false,
            "sort_order": 83
        },
        {
            "number": "18",
            "title": "Section 18, sub-section (7).",
            "chapter": null,
            "content": "Duty of trustee to send memoranda of immovable\n\t\t\t\tproperty to certain officers and authorities within time.\n200]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 84
        },
        {
            "number": "22",
            "title": "Section 22",
            "chapter": null,
            "content": "Failure to report a change.\n1,000\n[Section 22B\nFailure to make application within the time\n\t\t\t\tprovided for.\n500",
            "footnote": "",
            "is_definition": false,
            "sort_order": 85
        },
        {
            "number": "22C",
            "title": "Section 22C",
            "chapter": null,
            "content": "Failure to send memoranda within the time\n\t\t\t\tprovided for\n100]\n[****\n****\n****]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 86
        },
        {
            "number": "29",
            "title": "Section 29",
            "chapter": null,
            "content": "Duty of an executor to apply for the\n\t\t\t\tregistration of a public trust within the time provided for.\n1,000",
            "footnote": "",
            "is_definition": false,
            "sort_order": 87
        },
        {
            "number": "32",
            "title": "Section 32",
            "chapter": null,
            "content": "Duty to keep regular accounts.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 88
        },
        {
            "number": "35",
            "title": "Section 35",
            "chapter": null,
            "content": "Failure or omission to invest money in public\n\t\t\t\tsecurities.\n1,000",
            "footnote": "",
            "is_definition": false,
            "sort_order": 89
        },
        {
            "number": "59",
            "title": "Section 59",
            "chapter": null,
            "content": "Failure to pay contribution under section 58 by\n\t\t\t\ta trustee (other than the Charity Commissioner) [or by a person\n\t\t\t\tcharging or collecting dharmada]\n1,000",
            "footnote": "",
            "is_definition": false,
            "sort_order": 90
        },
        {
            "number": "63",
            "title": "Section 63",
            "chapter": null,
            "content": "Requiring an assessor to attend.\n500",
            "footnote": "",
            "is_definition": false,
            "sort_order": 91
        },
        {
            "number": "67",
            "title": "67. Other offences.",
            "chapter": null,
            "content": "Chapter XI\nFunctions of Charity Commissioner, Procedure, Jurisdiction and Appeals",
            "footnote": "",
            "is_definition": false,
            "sort_order": 92
        },
        {
            "number": "68",
            "title": "68. Duties, functions and powers of Deputy or Assistant Charity Commissioner for which 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.",
            "chapter": null,
            "content": "(a) to keep and maintain such books, entries and other documents as may be prescribed under section;\n(b) to hold an inquiry under section 19 or 22 for any of the purposes mentioned in the said section;\n(c) to record entries in the register kept under section 17 and to make amendments in the said entries under section 22;\n[(cc) to send a memorandum under section 28-A;]\n(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 from trustees or any person connected with a public trust under section 37;\n(e) to permit inspection of any statement, notice, intimation, account, audit note or any other document;\n(f) to prepare a list of assessors under section 62 and to choose and summon them under sections 63 to 65 for the purpose of inquiries under this Act;\n(g) to exercise such other powers and to perform such other duties and functions as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 93
        },
        {
            "number": "69",
            "title": "69. Duties, functions and powers of Charity Commissioner.",
            "chapter": null,
            "content": "(a) the general superintendence of the administration and carrying out the purposes of this Act under section 3;\n(b) power to entertain and dispose of appeals from the finding of a Deputy or Assistant Charity Commissioner under sections 20, 22 or 28;\n(c) power to determine which of the Deputy or Assitant Charity Commissioner shall proceed with an inquiry relating to the registration of any public trust under section 25;\n(d) power to direct a special audit of the accounts of a public trust under section 33;\n(e) power to require an auditor to forward to him a copy of a balance sheet and income and expenditure account under section 34;\n(f) power to permit a trustee to invest money of a public trust in any manner other than in public securities under section 36;\n(g) power to sanction a sale, mortgage, exchange, gift or lease or immoveable property belonging to a public trust under section 36;\n(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, [books of accounts, document or] report from trustees or any person connected with a public trust under section 37;\n(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;\n(j) [power to the Charity Commissioner, Bombay, to act] as the Treasurer of Charitable Endowments under the Charitable Endowments Act, 1890, under section 43;\n(k) power to act as a trustee of a public trust;\n(l) power to file a suit under section 50;\n[(ll) power to frame, or modify scheme under section 50A] ;\n(m) power to give or refuse consent to the institutions of a suit under section 51;\n(n) power to give notice to trustees for the cy pres application of a suit under section 51;\n(o) power to publish the lists of assessors under section 62;\n(P) to exercise such other powers and perform such other duties and functions as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 94
        },
        {
            "number": "70",
            "title": "70. Appeals from findings of Deputy or Assistant Charity Commissioner.",
            "chapter": null,
            "content": "(a) the finding [and order, if any,] under section 20; $\n(b) the finding under section 22;\n[(b-l) the finding under section 22A;]\n(c) the finding under section 28;\n(d) the order under sub-section (3) of section 54.\n[70A. Charity Commissioner to call for and examine record and proceedings before Deputy or Assistant Charity Commissioner.\n(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\n(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.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 95
        },
        {
            "number": "71",
            "title": "71. Appeal to the [Bombay Revenue Tribunal] .",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 96
        },
        {
            "number": "40",
            "title": "72. Application from Charity Commissioner's decision under section 40, [41, 50A, 70 or 70A] .",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 97
        },
        {
            "number": "73",
            "title": "73. Officers holding inquiries to have powers of the Civil Court.",
            "chapter": null,
            "content": "(a) proof of facts by affidavits,\n(b) summoning and enforcing the attendance of any person and examining him on oath,\n(c) compiling the production of documents, w\n(d) issuing of commissions.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 98
        },
        {
            "number": "74",
            "title": "74. Inquiries to be judicial inquiries.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 99
        },
        {
            "number": "75",
            "title": "75. Limitation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 100
        },
        {
            "number": "76",
            "title": "76. Civil Procedure Code to apply to proceedings [before Court] under this Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 101
        },
        {
            "number": "77",
            "title": "77. Recovery of sums due under sections 18, [20, 41] , 48, 79A, 79C, 79CC] or Rules.",
            "chapter": null,
            "content": "Chapter XII\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 102
        },
        {
            "number": "78",
            "title": "78. Charity Commissioner and other officers and assessors to be public servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 103
        },
        {
            "number": "79",
            "title": "79. Decision of property as Public trust property.",
            "chapter": null,
            "content": "[79A. Recovery of costs and expenses incurred on legal proceedings by Charity Commissioner, etc.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 104
        },
        {
            "number": "79B",
            "title": "79B. Costs of proceedings before Courts including High Court.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 105
        },
        {
            "number": "79C",
            "title": "79C. Costs of proceedings before Charity Commissioner, etc.",
            "chapter": null,
            "content": "[79CC. Compensatory costs for frivolous or vexatious proceedings before Charity Commissioner, etc.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 106
        },
        {
            "number": "79D",
            "title": "79D. Court fee to be paid as prescribed by Schedule `B\".",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 107
        },
        {
            "number": "80",
            "title": "80. Bar of Jurisdiction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 108
        },
        {
            "number": "81",
            "title": "81. Indemnity from suits and proceedings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 109
        },
        {
            "number": "82",
            "title": "82. Trial of offences under this Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 110
        },
        {
            "number": "83",
            "title": "83. Previous sanction of Charity Commissioner necessary for prosecution.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 111
        },
        {
            "number": "84",
            "title": "84. Rules.",
            "chapter": null,
            "content": "(a) the manner of publishing the notification under sub-section (4) of section 1:\n[(aa) the qualifications of the Director, and Assistant Directors, of Accounts appointed under section 6;]\n(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;\n(c) the powers, duties and functions of assessors in addition to those provided for in this Act;\n(d) the limits of regions and sub-regions to be prescribed under sub-section (1) of section 14;\n(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;\n(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;\n(g) the manner in which an inquiry has to be made by the Deputy or Assistant Charity Commissioner under sections 19 and 39;\n(h) the form in which the [trustee] has to make a report regarding the change under section 22;\n(i) the book in which the Deputy of Assistant Charity Commissioner shall make an entry under section 23;\n[(j) the form of memorandum to be sent by trustees and Deputy and Assistant Charity Commissioner for registration, [and the manner in which the f memorandum shall be signed and verified;]\n(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;\n(l) the manner of notifying contents of the will under section 46;\n(m) the administrative charges to be levied under sub-section (1) of section 48;\n[(ml) the manner of making an application under sub-section (1) of section 50A;]\n(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;\n(o) the time within which trustees may apply to which the committee shall deal with property under sub-section (2) of section 56E;\n(01) the conditions and restrictions subject to which the committee shall deal with property under sub-section (2) of section 56E;\n(02) The honorarium or fees and allowances to be paid to chairman, treasurer and members of a committee under sub-section (2) of section 56-1 and the fund out of which such honorarium, or fees and allowances shall be paid;\n[(o3) the interval at which a committee shall meet and the procedure it shall follow under section 56j] ;\n[(o4) the terms and conditions as to service on which secretaries and officers of a committee are appointed under section 56M and the fund out of which their salary and allowances shall be paid;]\n(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;\n[(pi) exemption of any public trust or class of public trusts under sub-section (2) of section 58 and the conditions of exemption;]\n(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;\n(r) the allowances to be paid to assessors under sub-section (5) of sections 65;\n(s) the other powers, duties and functions to be exercised and performed by a Deputy or Assistant Charity Commissioner under section 68.\n(t) the other powers, duties and functions to be exercised and performed by the Charity Commissioner under 69;\n(u) the form of appeal and the fee to be paid for filing such appeal under section 71;\n(v) the custody and investment of the money to be credited to the Public Trust Administration Fund and the disbursement and payment therefrom;\n(w) any other matter which is to be or may be prescribed under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 112
        },
        {
            "number": "85",
            "title": "85. Repeal.",
            "chapter": null,
            "content": "(a) any right, title, interest, obligation or liability already acquired, accrued or incurred before [the said date] ,\n(b) any legal proceedings or remedy in respect of such right, title, interest, obligation or liability, or\n(c) anything duly done or suffered before [the said date]\n[86. Further repeals and savings consequent on commencement of Bombay XXIX of 1950 in other areas of State.\n(i) the Religious Endowments Act, 1863 (XX of 1863), as in force in the Saurashtra and Kutch areas of the State,\n(ii) the Madhya Pradesh Dharmadaya Funds Act, 1951 (M.P. Act XVIII of 1951), as in force in the Vidarbha region of the State, and\n(iii) any law relating to public trusts to which Chapter VI1-A applies, to the extent to which it corresponds to the provisions of this Act;\n(a) anything duly done or suffered under the laws hereby repealed or ceasing to apply before the said date;\n(b) any right, title, interest, obligation or liability already acquired, accrued or incurred before the said date under the laws hereby repealed or ceasing to apply;\n(c) any legal proceedings or remedy in respect of such right, title interest, obligation or liability;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 113
        },
        {
            "number": "87",
            "title": "87. Act not to apply to certain wakfs to which Act XXIX of 1954 applies or to Gurudwara governed by Hyderabad Act, XXXVII of 1956.",
            "chapter": null,
            "content": "(a) those Wakfs in certain areas of the State to which the provisions of the Wakf Act, 1954 (XXIX of 1954), have continued to apply; or\n(b) the Nanded Gurudwara, the administration of which is governed by the Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956 (Hyderaba. Act (XXXVII of 1956).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 114
        },
        {
            "number": "88",
            "title": "88. Provisions of removal of difficulties.",
            "chapter": null,
            "content": "[Schedule A]\n( See Sections 28, 61 [*And 85]\n( See Sections 28, 61 [*And 85]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 115
        },
        {
            "number": "1",
            "title": "1. The Charitable and Religious Trusts Act, 1920 (XIV of 1920).",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 116
        },
        {
            "number": "2",
            "title": "2. The Mussalman Wakf Act, 1923 (XLII of 1923) as amended by Bombay Act (XVIII of 1935).",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 117
        },
        {
            "number": "3",
            "title": "3. The Bombay Public Trusts Registration Act, 1935 Bombay (XXV of 1935).",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 118
        },
        {
            "number": "4",
            "title": "4. The Parsi Public Trusts Parsee Registration Act, 1936 (Bombay XXIII of 1936).",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 119
        },
        {
            "number": "5",
            "title": "5. The Baroda Public Institutions Act, (Baroda Act No. IV of Samvat 1961).",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 120
        },
        {
            "number": "6",
            "title": "6. The Religious Endowments Acts, 1863 (XX of 1863), as applied to the Jamkhandi State in 1890.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 121
        },
        {
            "number": "7",
            "title": "7. The Deosthan Rules of 1912, of the Jamkhandi State as amended by Jamkhandi Act No. 1 of 1948.",
            "chapter": null,
            "content": "[Schedule AA]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 122
        },
        {
            "number": "1",
            "title": "1. The Charitable and Religious Trusts Act, 1920 (XIV of 1920), in its application to the areas of the State other than the area comprised in the [Bombay area of the State of Gujarat] .",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 123
        },
        {
            "number": "2",
            "title": "2. The Savantwadi Devasthan Act, 1932.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 124
        },
        {
            "number": "3",
            "title": "3. The (Hyderabad) Endowment Regulation, 1349, Fasli.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 125
        },
        {
            "number": "4",
            "title": "4. The Madhya Pradesh Public Trusts Act, 1951 (M.P. Act XXX of 1951).]",
            "chapter": null,
            "content": "[Schedule B]\nSection\nSection\nDescription of Documents\nDescription of Documents\nValue\nValue\n1\n1\n2\n2\n3\n3\n18(1)\nApplication for the registration of a public trust.\nRs. 2\n22(1)\nReport of any change or proposed change in any of the entries\n\t\t\t\trecorded in the register kept under section 17.\nRe. 1\n25(1)\nApplication of any person having interest in a public trust to\n\t\t\t\tthe Charity Commissioner to determine which of the Deputy or\n\t\t\t\tAssistant Charity Commissioners shall proceed with an inquiry\n\t\t\t\tunder section 19 or 22 in regard to any public trust.\nRs. 2\n29\nApplication by the executor of a will for the registration of\n\t\t\t\ta public trust created by such will.\nRs. 2\n[36\nApplication for sanction of the Charity Commissioner for-\n(a)\nsale, mortgage, exchange or gift or immovable property-\n(i)\nwhere the value of the property involved does not exceed Rs.\n\t\t\t\t2,000;\nRs. 2\n(ii)\nWhere the value of the property involved exceeds Rs. 2,000 but\n\t\t\t\tdoes not exceed Rs. 10,000;\nRs. 5\n(iii)\nin any other case.\nRs. 10\n(b)\nLease of immovable property-\n(i)\nWhere the average annual rent recovered does not exceed Rs.\n\t\t\t\t100;\nRs. 2\n(ii)\nWhere the average annual rent recovered exceeds Rs. 100 but\n\t\t\t\tdoes not exceed Rs. 500;\nRs. 5\n(iii)\nin any other case.\nRs. 10]\n44\nApplication by the author of a public trust to the Charity\n\t\t\t\tCommissioner for his consent to act as trustee of the public\n\t\t\t\ttrust.\nRs. 10\n45\nApplication by a person intending to create a public trust to\n\t\t\t\tthe Charity Commissioner for his consent to act as trustee of\n\t\t\t\tsuch trust.\nRs. 10\n46\nCommunication by the executor of a will of a testator or the\n\t\t\t\tadministrator of his estate notifying to the Charity Commissioner\n\t\t\t\tthe contents of the will under which he has been appointed a\n\t\t\t\ttrustee.\nRs. 10\n[47 (1) [47 AA] & 47 A.\nApplication to the Court by the Charity Commissioner or any\n\t\t\t\tperson having interest in a public trust or any trustee of public\n\t\t\t\ttrust for the appointment of a new trustee or for the vesting of\n\t\t\t\tproperty or for both.]\nRs. 10\n47(6)\nAppeal to the High Court from the decision of the Court in\n\t\t\t\tapplication filed under sub-section (1) of section 47.\nRs. 10\n[50 A\nApplication to the Charity Commissioner for framing or\n\t\t\t\tmodifying scheme.]\nRs. 10\n51(1)\nApplication to the Charity Commissioner for consent to file a\n\t\t\t\tsuit of the nature specified in section 50.\nRs. 10\n[55\nApplication to the Court for direction.\nRs. 10\n56A\nApplication for opinion, advice or direction.\nRs. 12.50]\n59(3)\nAppeal to the State Government against the order of the\n\t\t\t\tCharity Commissioner for the payment of contribution by a bank or\n\t\t\t\tperson from the money standing to the credit of the public trust\n\t\t\t\twith such bank or person.\nRs. 10\n70(1)\nAppeal to the Charity Commissioner against the finding of\n\t\t\t\tDeputy or Assistant Charity Commissioner under sections 20, 22 or\n\t\t\t\t28 or order under sub-section (3) of section 54.\nRs. 10\n71(1)\nAppeal to the [Bombay Revenue Tribunal] against the decision of\n\t\t\t\tthe Charity Commissioner refusing consent to the institution of a\n\t\t\t\tsuit.\nRs. 10\n72(1)\nApplication to the Court against the decision of the Charity\n\t\t\t\tCommissioner under section 40, 41, or 70 or on the question\n\t\t\t\twhether a trust exists and whether such trust is a public trust\n\t\t\t\tor whether any property is the property of such trust.\nRs. 10\n72(4)\nAppeal to the High Court against the decision of the Court\n\t\t\t\tunder sub-section (2) of section 72.\nRs. 10\nMukhtyarnama or Vakalatnama when presented for the conduct of\n\t\t\t\tany inquiry, appeal or other proceeding to the Charity\n\t\t\t\tCommissioner or the Deputy or Assistant Charity Commissioner.\nRs. 1\n[Application to the Charity Commissioner or the Deputy or\n\t\t\t\tAssistant Charity Commissioner for copies under the Act.\nRs. 3\nAny other application or petition presented to the Charity\n\t\t\t\tCommissioner or the Deputy or Assistant Charity Commissioner.]\nRs. 1",
            "footnote": "",
            "is_definition": false,
            "sort_order": 126
        }
    ],
    "metadata": {
        "Act ID": "guj168",
        "Act Number": "(Bombay Act No 29 of 1950)",
        "Enactment Date": "",
        "Act Year": "1950",
        "Short Title": "The Bombay Public Trusts Act, 1950",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:52:26"
}