Gujarat Public Trusts Act, 2011

{
    "id": 16614,
    "slug": "gujarat-public-trusts-act-2011",
    "title": "Gujarat Public Trusts Act, 2011",
    "short_title": "Gujarat Public Trusts Act, 2011",
    "act_number": "(Gujarat Act No. 23 of 2011)",
    "act_year": 2011,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Gujarat Public Trusts Act, 2011",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(1) \"Assistant Charity Commissioner\" means the Assistant Charity Commissioner appointed under section 6;\n(2) \"Charity Commissioner\" means the Charity Commissioner appointed under section 3;\n(3) \"Court\" means in the City of Ahmedabad, the City Civil Court and elsewhere the District Court;\n(4) \"Deputy Charity Commissioner\" means the Deputy Charity Commissioner appointed under section 6;\n(5) \"Director of Accounts\" and \"Assistant Director of Accounts\" mean respectively the Director of Accounts and Assistant Director of Accounts appointed under section 7;\n(6) \"Hindu\" includes Jain, Buddhist and Sikh;\n(7) \"Inspector\" means an Inspector appointed under section 7;\n(8) \"instrument of trust\" means the instrument by which the trust is created by the author of the trust and includes any scheme framed by a competent authority or any Memorandum of Association and rules and regulations of a society registered under the Societies Registration Act, 1860, in its application lo the Stale of Gujarat;\n(9) \"Joint Charity Commissioner\" means the Joint Charity Commissioner appointed under section 4;\n(10) \"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 society registered under the Societies Registration Act, 1860, its governing body, whether or not the property of the society is vested in trustees;\n(11) \"math\" means an Institution for tine promotion of the Hindu religion presided over by a person whose duty 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(12) \"person having interest\" includes-\n(a) in the case of a temple, a 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 the 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 society registered under the Societies Registration Act, 1860,(XXI of 1860.) any member of such society,\n(d) in the case of a trust or a society established for educational or medical purposes or both, any resident of the area where such trust is registered or where such trust or society carries on its activities,\n(e) in the case of any other public trust, any trustee or beneficiary;\n(13) \"prescribed\" means prescribed by rules;\n(14) \"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 Government 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 the State Legislature;\n(15) \"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 church, synagogue, agiary or other place of public religious worship, 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.\n(16) \"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(17) \"rules\" means rules made under this Act;\n(18) \"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(19) \"tribunal\" means the Gujarat Public Trusts Tribunal constituted under section 96;\n(20) \"trustee\" means a person in whom either alone or in association with other persons, the trust property is vested and includes a manager;\n(21) words and expressions used but not defined in this Act and defined in the Indian Trusts Act, 1882, shall have the meaning assigned to them in that Act.\nChapter II\nEstablishment",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Charity Commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Joint Charity Commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Qualifications for appointment of Charity Commissioner and Joint Charity Commissioner.",
            "chapter": null,
            "content": "(i) who is holding or has held a judicial office not lower in rank than that of a District Judge (Selection Grade), or\n(ii) who has been for not less than ten years an advocate enrolled under the Advocates Act, 1961,(XXV of 1061.) or\n(iii) who is a member of All India Service and is qualified to be appointed as the Secretary to Government, or\n(iv) who has worked on the post of Joint Charity Commissioner continuously for a period of five years.\n(i) who is holding or has held a judicial office not lower in rank than that of a District Judge (Entry Level) for not less than five years, or\n(ii) who has been for not less than ten years an advocate enrolled under the Advocates Act, 1961,(XXV of 1961.) or\n(iii) who has worked on the post of Deputy Charity Commissioner continuously for a period of five years.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Deputy and Assistant Charity Commissioners.",
            "chapter": null,
            "content": "(i) who is holding or has held a judicial office not lower in rank than that of a Senior Civil Judge or a Judge of the Court of Small Causes or any office which in the opinion of the State Government is an equivalent office for not less than three years, or\n(ii) who has been for not less than seven years an advocate enrolled under the Advocates Act, 1961,(XXV of 1961.) or\n(iii) who has worked on the post of Assistant Charity Commissioner continuously for a period of five years.\n(a) who is holding or has held a judicial office not lower in rank than that of a Civil Judge for not less than three years, or\n(b) who has been for not less than five years an advocate enrolled under the Advocates Act, 1961,(XXV of 1961.).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Subordinate Officers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Charity Commissioner and other officers to be the employees of State Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. 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": 8
        },
        {
            "number": "10",
            "title": "10. Delegation.",
            "chapter": null,
            "content": "Chapter III\nCharitable Purposes and Validity of Certain Public Trusts",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Charitable Purposes.",
            "chapter": null,
            "content": "(1) relief of poverty or distress,\n(2) education,\n(3) medical relief,\n(4) rehabilitation of persons affected due to earthquake, flood, scarcity or any other natural calamity, and\n(5) 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": 10
        },
        {
            "number": "12",
            "title": "12. Public trust not to be void on ground of uncertainty.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Public trust not void on ground that it is void for non-charitable or non-religious purpose.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Public trust not void on ground of absence of obligation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. 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 docs 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": 14
        },
        {
            "number": "16",
            "title": "16. Regions and sub-regions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Public Trust Registration Offices.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Deputy or Assistant Charity Commissioner to be in charge of public Trusts Registration Office.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Books, indices and registers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Registration of public trusts.",
            "chapter": null,
            "content": "(i) the designation by which the public trust is or shall be known (hereinafter referred to as \"the name of the public trust\"),\n(ii) the names and addresses of the trustees and the managers,\n(iii) the mode of succession to the office of the trustees,\n(iv) the list of the movable and immovable trust property and such descriptions and particulars as may be sufficient for the identification thereof,\n(v) the approximate value of the movable property,\n(vi) the approximate value of the immovable property determined on the basis of the certificate of the approved valuer and the value shown in the jantri issued by the revenue authorities along with a declaration concerning the mode of acquisition of and the burden over such property,\n(vii) the estimated gross annual income of the public trust,\n(viii) the estimated gross annual expenditure of the public trust,\n(ix) the address to which any communication to trustee or manager in connection with the public trust may be sent,\n(x) the declaration whether any amount by way of contribution, donation or the like is expected by the trust from any place outside the State of Gujarat or India;\n(xi) such other particulars as may be prescribed:\n(ii) Such Memorandum shall be sent within three months from the date of creation of the public trust and shall be signed and verified in the prescribed manner by the trustee or his agent specially authorised by him in this behalf.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. 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 such property is subject to any conditions or restrictions laid down or imposed by authority competent under any law for the time being in force or is freehold and unencumbered having clear marketable title as to ownership and possession,\n(iv) whether the whole or any substantial portion of the subject matter of the trust is situate within his jurisdiction,\n(v) the names and addresses of the trustees and manager of such trust,\n(vi) the mode of succession to the office of the trustees of such trust,\n(vii) the origin, nature and object of such trust,\n(viii) the amount of gross annual income and expenditure of such trust, and\n(ix) any other particulars as may be prescribed under subsection (6) of section 20.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Finding of Deputy or Assistant Charity Commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Entries in Register.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Change.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Procedure where trust property is situate in several regions or sub-regions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Stay of Inquiry.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. 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": "28",
            "title": "28. Entries in register to be made or amended in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Copy of entries relating to immovable property to be sent to sub-registrar, revenue and local authorities.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Public Trust created by will.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Notice of particulars of immovable property entered in register.",
            "chapter": null,
            "content": "(i) when he actually knows the said particulars or when, but for willful abstention from any inquiry or search which he ought to have made, or gross negligence, he would have known them;\n(ii) 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": "32",
            "title": "32. Bar to file suits.",
            "chapter": null,
            "content": "Chapter V\nBudget, Accounts and Audit",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Trustees of certain trusts to prepare budget.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Maintenance of accounts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "35. Balancing and auditing of accounts.",
            "chapter": null,
            "content": "(a) the Charity Commissioner may direct a special audit of the accounts of any public trust to be undertaken by the Examiner, Local Fund Audit under the Gujarat Local Fund Audit Act, 1963,(XLIX of 1963.) whenever in his opinion such special audit is necessary. The Charity Commissioner may direct the payment of such fees as may be prescribed for such special audit; and\n(b) the State Government may, by general or special order, exempt any public trust or class of 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": 34
        },
        {
            "number": "36",
            "title": "36. Auditor's duty to prepare balance sheet and to report irregularities.",
            "chapter": null,
            "content": "Chapter VI\nPowers and Duties of and Restriction on Trustees",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "37",
            "title": "37. Investment of public trust money.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "38",
            "title": "38. Alienation of immovable property of public trust.",
            "chapter": null,
            "content": "(a) any sale, mortgage, exchange, or gift or alienation in any manner of immovable property; or\n(b) any lease of immovable property for a period exceeding three years;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "39",
            "title": "39. Powers and duties of and restrictions on trustees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "40",
            "title": "40. Register of movable and immovable properties.",
            "chapter": null,
            "content": "Chapter VII\nControl",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "41",
            "title": "41. Power of inspection and supervision.",
            "chapter": null,
            "content": "(a) to enter on and inspect or cause to be entered on and inspected any property belonging to a public trust at reasonable hours of the day;\n(b) to call for or inspect proceedings of the trustees of any public trust, and any books of account or document in the possession or under the control of the trustees or any person connected with the trust;\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;\n(d) to get the explanation of the trustee or any person connected with the public trust and reduce or cause to be reduced to writing any statement made by him :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "42",
            "title": "42. Explanation on report of Auditor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "43",
            "title": "43. Report to Charity Commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "43",
            "title": "44. Power of Charity Commissioner on report under section 43.",
            "chapter": null,
            "content": "(1) determine -\n(a) the amount of loss caused to public trust;\n(b) whether such loss was due to any gross negligence, breach of trust, mis-application or misconduct on the part of any person;\n(c) whether any of the trustees, or any person connected with the public trust was responsible for such loss;\n(d) the amount which any of the trustees or any person connected with the public trust is liable to pay to the public trust for such loss, or\n(2) remand the matter for further inquiry to the officer who made the report or to any other officer as he thinks fit or for reasons to be recorded in writing, compromise or may drop the matter if a suit is instituted far obtaining a decree for a direction for taking accounts under section 52;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "45",
            "title": "45. Order of surcharge.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "46",
            "title": "46. Power to Charity Commissioner to issue directions to trustees and other persons.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "47",
            "title": "47. Power to Charity Commissioner to issue directions in respect of medical facilities to poorer patients.",
            "chapter": null,
            "content": "(a) to reserve and earmark ten per cent, of the total number of operational beds and ten per cent, of the total capacity of patients treated at such medical centre, for medical examination and treatment in each department of the medical centre, in such manner as may be specified in the directions, for the indigent patients seeking admission or treatment, who shall be medically examined and treated and admitted, as the case may be free of charge;\n(b) to reserve and earmark ten per cent, of the total number of operational beds and ten per cent, of the total capacity of patients treated at such medical centre, for medical examination and treat merit in each department of the medical centre, in such manner as may be specified in the directions, for the weaker sections of the people seeking admission for medical examination and treatment, who shall be charged according to such rates as the State Government may, by general or special order, determine from time to time, having regard to the rates charged by the State Government in the corresponding; medical canters maintained by it;\n(c) to comply with such other incidental or supplemental requirements as may be specified in the directions or in any general or special orders issued thereunder:\n(a) \"indigent person\" means a person whose total annual income does not exceed six thousand rupees or such other limit as the State Government may, from time to time, by notification in the Official Gazette , specify:\n(b) \"person belonging to the weaker sections of the people\" means a person who is not an indigent person, but whose income docs not exceed one lakh rupees per annum or such other limit as the State Government may front lime to time, by notification in the Official Gazette , specify.\n(b) It shall be the duty of every trustee of, or person connected with, such medical centre to comply with the direction issued under sub-section (1) and to afford all reasonable facilities and assistance required by the said officer or the Charity Commissioner or his representative for verification of the implementation of such directions under clause (a) and to comply with the requirements thereunder,\n(c) In case there arises any dispute relating to the interpretation, implementation or any matter whatsoever in respect of any direction issued under sub-section (1), it shall be referred to the State Government, through the Charity Commissioner, for appropriate directions.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "48",
            "title": "48. Power to institute inquiries.",
            "chapter": null,
            "content": "Chapter VIII\nOther Functions and Powers of Charity Commissioner",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "49",
            "title": "49. Power of Charity Commissioner to sue, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "50",
            "title": "50. Charity Commissioner to be Treasurer of Charitable Endowments under Act VI of 1890.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "51",
            "title": "51. Power of tribunal to appoint new trustee or trustees.",
            "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 the Deputy or Assistant Charity Commissioner in this behalf;\n(c) leaves India for the purpose 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 tribunal, unfit or physically incapable to act in the trust or accepts a position which is inconsistent with his position as trustee;\n(h) in any of the cases mentioned in Chapter III, is not available to administer the trust; or\n(i) is convicted of an offence punishable under this Act or an offence involving moral turpitude.\n(a) to the wishes of the author of that trust;\n(b) to the wishes of the person, if any, empowered to appoint a new trustee;\n(c) to the question whether 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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "52",
            "title": "52. Suits relating to public trusts.",
            "chapter": null,
            "content": "(i) where it is alleged that there is a breach of public trust, negligence, misapplication or misconduct on the part of a trustee or trustees;\n(ii) where a direction or decree is required to recover the possession of, or to follow a property belonging or alleged to be belonging to a public trust or the proceeds thereof or for an account of such property from a trustee, ex-trustee, alienee, trespasser or any other person including a person holding adversely to the public trust but not a tenant or licensee;\n(iii) where the direction of the tribunal is deemed necessary for the administration of any public trust; or\n(iv) for any declaration or injunction in favour of or against a public trust or trustee or beneficiary thereof,\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(d) vesting any property in a trustee;\n(e) a direction for taking accounts and making certain inquiries;\n(f) an order directing the trustees or others to pay to the trust the loss caused to the same by their breach of bust, negligence, misapplication, misconduct or wilful default;\n(g) 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(h) a direction to apply the trust property or its income cypres on the line of section 57 if this relief is claimed along with any other relief mentioned in this section;\n(i) a direction authorising the whole or any part of the trust property to be Jet, sold, mortgaged or exchanged or in any manner alienated 011 such terms and conditions as the Court may deem necessary;\n(j) an order for winding-up of any trust and applying the funds for other charitable purposes;\n(k) ait order exonerating the trustees from technical breaches, etc;\n(l) an order varying, altering, amending or superseding any instrument of trust:\n(m) declaring or denying any right in favour of or against a public trust or trustee or trustees or beneficiary thereof and issuing injunctions in appropriate cases; or\n(n) granting any other relief as the nature of the ease may require which would be a condition precedent to or consequential to any of the aforesaid reliefs or is necessary in the interest of tire trust:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "53",
            "title": "53. Consent of Charity Commissioner for institution of suit.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "54",
            "title": "54. Power of Charity Commissioner to frame, amalgamate or modify schemes.",
            "chapter": null,
            "content": "(a) publishing a notice in the Official Gazette , and also if necessary in any newspaper which, in the opinion of the Charity Commissioner, is best circulated to bring to the notice of persons likely to be interested in the trust with a wide circulation in the region in which the trust is registered, and\n(b) giving the trustees of such trusts and all other interested persons due opportunity to be heard, frame a common scheme for the same.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "55",
            "title": "55. Suit against assignee not barred by time.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "56",
            "title": "56. Dharmada.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "57",
            "title": "57. Cypres.",
            "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 utilized or is not likely to be utilized,\n(c) in the ease 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,\n(d) in any of the cases mentioned in sections 11 to 14 or in regard to the appropriation of the dharmada sums held in trust under section 56, the directions of the tribunal are necessary, the Charity Commissioner shall require the trustees to apply within the prescribed time for directions to the Tribunal and the trustees shall comply with such requisition.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "58",
            "title": "58. Power of the tribunal to hear application.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "59",
            "title": "59. Power of trustee to apply for directions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "60",
            "title": "60. Proceedings involving question affecting public charitable or religious purpose.",
            "chapter": null,
            "content": "Chapter IX\nSpecial Provisions as Respects Religious and Charitable Institutions and Endowments Which Vest in, or the Management of Which Vest in the State Government",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        },
        {
            "number": "61",
            "title": "61. Provisions of Chapter IX to apply to certain endowments.",
            "chapter": "Chapter IX",
            "content": "(i) has been registered under the provisions of this Act as, or\n(ii) is declared by the Slate 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": 60
        },
        {
            "number": "62",
            "title": "62. Vesting or transfer of management of certain endowments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 61
        },
        {
            "number": "63",
            "title": "63. Committee of management.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 62
        },
        {
            "number": "64",
            "title": "64. Term of office of members of committee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 63
        },
        {
            "number": "65",
            "title": "65. Disqualification of membership.",
            "chapter": null,
            "content": "(i) is a minor;\n(ii) has been convicted by a criminal court of any offence involving moral turpitude;\n(iii) is of unsound mind, and is so declared by a competent court;\n(iv) is an undischarged insolvent;\n(v) has directly or indirectly interest in a lease or any other transaction relating to the property vesting in the committee;\n(vi) 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(vii) is found to be guilty of misconduct by the State Government; or\n(viii) 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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 64
        },
        {
            "number": "66",
            "title": "66. Power of State 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(c) refuses to act; or\n(f) is removed by the State Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 65
        },
        {
            "number": "67",
            "title": "67. Chairmen and treasurer of committee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 66
        },
        {
            "number": "68",
            "title": "68. Meeting of and procedure for committee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 67
        },
        {
            "number": "69",
            "title": "69. Power of Committee to appoint sub-committees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 68
        },
        {
            "number": "70",
            "title": "70. Secretary and other officers of committee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 69
        },
        {
            "number": "71",
            "title": "71. Terms and conditions of service of Secretary and other employees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "72",
            "title": "72. General duties of committee.",
            "chapter": null,
            "content": "(a) maintain the 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 employees of a committee from such fund 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": 71
        },
        {
            "number": "73",
            "title": "73. Act and proceedings not invalidated by reason of vacancy or defect.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 72
        },
        {
            "number": "74",
            "title": "74. Power of State Government to issue directions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 73
        },
        {
            "number": "75",
            "title": "75. 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": 74
        },
        {
            "number": "76",
            "title": "76. Management Fund.",
            "chapter": null,
            "content": "(a) the total balance (whether in cash, securities or in any other form) standing to the credit of any endowment held by the State Government immediately before such endowment or the management thereof was transferred to, and vested in, the members of the committee under section 62;\n(b) a sum not exceeding ten per cent, of the gross annual income of each endowment transferred to, or placed under the management of, the members of the committee as the committee may, with approval of the State Government, fix in this behalf. In fixing such sum regard shall be had to the gross annual income of the endowment, the average annual expenditure incurred to give effect to the objects and purposes for which the endowment is founded, created, intended or is being administered, the liability, if any, to which the endowment is subject and any other factors which the State Government may cither generally or specially specify in the case of any endowment or class of endowments:\n(c) the fees charged for inspection of proceedings of the committee, and for copies of records maintained by the committee;\n(d) any other sum which the State Government may, by order, specify in this behalf.\n(i) the payment of honorarium, fees and allowances of the Chairman, Treasurer and other members of the committee;\n(ii) the payments of salaries, allowances and other sums payable to the Secretary and other officers and employees of the committee;\n(iii) the payment of any expenses lawfully incurred by the committee in the exercise of its powers and in the performance of its duties and functions as provided by section 72.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 75
        },
        {
            "number": "77",
            "title": "77. Power to supersede 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 65 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 63.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 76
        },
        {
            "number": "78",
            "title": "78. Power of removal of members of committee and appointment of Administrator temporarily.",
            "chapter": null,
            "content": "(a) terminate the appointment of all the existing members of the Committee (including Chairman and treasurer), even before the expiry of their term of office of five years, on and from such date as may be specified in the notification, whereupon they shall be deemed to have vacated their office on that date;\n(b) appoint a Government officer from time to time, as the Administrator of the committee, for such period not exceeding three years as may be specified in the notification, which may be extended by like notification, from time to time, so however, that the total period shall not exceed five years:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 77
        },
        {
            "number": "79",
            "title": "79. Power to make regulations.",
            "chapter": null,
            "content": "(i) dispatch of day-to-day proceedings and routine business of the committee under section 68,\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 and, as the case may be, under section 69,\n(iii) terms and conditions of service of the employees of a committee under section 70.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 78
        },
        {
            "number": "80",
            "title": "80. Non-application of certain provisions of this Act to endowments.",
            "chapter": null,
            "content": "Chapter X\nPublic Trusts Administration Fund",
            "footnote": "",
            "is_definition": false,
            "sort_order": 79
        },
        {
            "number": "81",
            "title": "81. Public Trusts Administration Fund.",
            "chapter": null,
            "content": "(a) fees leviable under section 20;\n(b) contributions made under section 82;\n(c) the amount from the funds or the portion thereof credited under section 85;\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 provisions of this Act or the Inter-State Corporations Act, 1957,(XXXVIII of 1957.).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 80
        },
        {
            "number": "82",
            "title": "82. Contribution 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 the 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": 81
        },
        {
            "number": "83",
            "title": "83. Penalties as recovery of contribution.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 82
        },
        {
            "number": "84",
            "title": "84. Application of Public Trusts Administration Fund.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 83
        },
        {
            "number": "85",
            "title": "85. Custody and investment of money.",
            "chapter": null,
            "content": "Chapter XI\nOffences and Penalties",
            "footnote": "",
            "is_definition": false,
            "sort_order": 84
        },
        {
            "number": "86",
            "title": "86. Penalty.",
            "chapter": null,
            "content": "Section (1)\nSection (1)\nSubject (2)\nSubject (2)\nFine which may be imposed, (3)\nFine which may be imposed, (3)",
            "footnote": "",
            "is_definition": false,
            "sort_order": 85
        },
        {
            "number": "20",
            "title": "Section 20, sub-sections (2) and (5)",
            "chapter": null,
            "content": "Duty of trustee to make an application to the\n\t\t\t\tDeputy or Assistant Charity Commissioner for registration of\n\t\t\t\tpublic trust within time.\nRs. 10,000",
            "footnote": "",
            "is_definition": false,
            "sort_order": 86
        },
        {
            "number": "20",
            "title": "Section 20, sub-section (9)",
            "chapter": null,
            "content": "Duty of trustee to send Memorandum of immovable\n\t\t\t\tproperty to certain officers and authorities within time.\n2,000",
            "footnote": "",
            "is_definition": false,
            "sort_order": 87
        },
        {
            "number": "24",
            "title": "Section 24",
            "chapter": null,
            "content": "Failure to report a change.\n10,000",
            "footnote": "",
            "is_definition": false,
            "sort_order": 88
        },
        {
            "number": "30",
            "title": "Section 30",
            "chapter": null,
            "content": "Duty of an executor to apply for the\n\t\t\t\tregistration of a public trust within the Lime provided for.\n10,000",
            "footnote": "",
            "is_definition": false,
            "sort_order": 89
        },
        {
            "number": "34",
            "title": "Section 34",
            "chapter": null,
            "content": "Duty to keep regular accounts.\n10,000",
            "footnote": "",
            "is_definition": false,
            "sort_order": 90
        },
        {
            "number": "37",
            "title": "Section 37",
            "chapter": null,
            "content": "Failure or omission to invest money in public\n\t\t\t\tsecurities.\n10,000",
            "footnote": "",
            "is_definition": false,
            "sort_order": 91
        },
        {
            "number": "83",
            "title": "Section 83",
            "chapter": null,
            "content": "Failure to pay contribution by a trustee or by a\n\t\t\t\tperson charging or. collecting dharmada.\n10,000",
            "footnote": "",
            "is_definition": false,
            "sort_order": 92
        },
        {
            "number": "87",
            "title": "87. Offences.",
            "chapter": null,
            "content": "Chapter XII\nAmalgamation, Transfer or Division of Trusts",
            "footnote": "",
            "is_definition": false,
            "sort_order": 93
        },
        {
            "number": "88",
            "title": "88. Amalgamation transfer or division of trusts.",
            "chapter": null,
            "content": "(a) to amalgamate with another trust;\n(b) to transfer its assets and liabilities, in whole or in part, to any other trust;\n(c) to divide itself into two or more trusts; or\n(d) to change its objects.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 94
        },
        {
            "number": "89",
            "title": "89. Power to direct amalgamation and re-organisation of trusts in public interest.",
            "chapter": null,
            "content": "(a) a copy of the draft of the proposed order has been sent to the trust or each of the trusts concerned;\n(b) the Charity Commissioner has considered suggestions and objections if any received either from the trust or from any member or class of members thereof within such period (not being less than one month from the date on which the copy of the order as aforesaid was received by the trust) as the Charity Commissioner may fix in that behalf, and has, if necessary, modified the same in the light of such suggestions and objections.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 95
        },
        {
            "number": "90",
            "title": "90. Cancellation of registration of amalgamated or divided trusts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 96
        },
        {
            "number": "91",
            "title": "91. Cancellation of registration.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 97
        },
        {
            "number": "92",
            "title": "92. Direction by Charity Commissioner.",
            "chapter": null,
            "content": "(i) makes persistent default in submitting its accounts continuously for a period of ten years;\n(ii) fails to make contribution to the Public Trust Administration Fund for a period of ten years;\n(iii) persistently fails to comply with the directions of the Charity Commissioner;\n(iv) fails to carry out the purposes for which it was created;\n(v) fails to put the immovable properties to the use of the purposes of the trust for a period of ten years,\n(a) such trust shall be merged with the trust having similar religious or charitable purposes;\n(b) such trust properties shall be forfeited to the State Government and shall, subject to the directions of the State Government, be utilized for the purposes for which such trust was created; or\n(c) such trust shall be de-registered.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 98
        },
        {
            "number": "93",
            "title": "93. Direction by state Government in case of default.",
            "chapter": null,
            "content": "(a) does not comply with the directions of the Charity Commissioner;\n(b) makes persistent default in observing the provisions of this Act;\n(c) carries on the activities other than the purposes for which it was created; or\n(d) fails to put the immovable properties to the use of the purposes of the trust for a period of ten years, the State Government may, after affording an opportunity of hearing to the trust, appoint, by notification published in the Official Gazette , any Gazetted Officer as the administrator of the said trust for a period of one year by publishing a notification in the Official Gazette .\nChapter XIII\nFiling of Returns",
            "footnote": "",
            "is_definition": false,
            "sort_order": 99
        },
        {
            "number": "94",
            "title": "94. Filling of returns by public trusts.",
            "chapter": null,
            "content": "(i) the statement showing gross income in the quarter from all sources and requirement of payment of contribution to the Public Trusts Administration Fund thereon;\n(ii) the statement showing gross income in the quarter from sources outside the State of Gujarat; .\n(Iii) the statement showing gross income in the quarter from sources outside India;\n(Iv) the statement showing particulars of change that occurred during the quarter in any of the entries of such public trust in the register of public trusts maintained under section 23 alongwith the particulars of report made therefore to and decision of the Deputy or Assistant Charity Commissioner in charge of the Public Trusts Registration Office on such report;\n(v) the statement showing particulars of any sale, mortgage, exchange, or gill or alienation in any manner of immovable property or any lease of immovable property for a period exceeding three years made by the trust alongwith the particulars of prior permissions for alienation granted by the Charity Commissioner therefor.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 100
        },
        {
            "number": "95",
            "title": "95. Furnishing return by Charity Commissioner.",
            "chapter": null,
            "content": "(i) the return showing details of contributions receivable by the Public Trusts Registration Offices under its administrative control during the quarter;\n(ii) the return showing details of actual contributions received by such Public Trusts Registration Offices during the quarter;\n(iii) the return showing break up details of change reports decided by the Deputy or Assistant Charity Commissioners during the quarter, the details of change reports pending at the end of the quarter and the reasons for such pendency;\n(iv) the return showing particulars of the prior permissions sought by the public trusts in the quarter for alienation of trust properties and the details of the decisions taken thereon during the quarter along with the details of the cases pending for granting prior permissions for alienation of trust properties and the reasons therefore;\n(v) the return showing the breach of, contravention of or non- observance of the provisions of this Act by the public trusts in the quarter and his recommendations thereon;\n(vi) the return showing the details of the schemes settled for the public trusts;\n(vii) the return showing the number of applications received for seeking permissions to file suits and the number of applications decided during the quarter.\nChapter XIV\nAppeals",
            "footnote": "",
            "is_definition": false,
            "sort_order": 101
        },
        {
            "number": "96",
            "title": "96. Constitution of Gujarat Public Trusts Tribunal and appeals to Gujarat Public Trusts Tribunal.",
            "chapter": null,
            "content": "(a) enforcing the attendance of any person and examining him on oath;\n(b) compelling the production of documents and material objects;\n(c) issuing commissions for the examination of witnesses ;\n(d) such other matters as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 102
        },
        {
            "number": "97",
            "title": "97. Appeal against findings of Charity Commissioner, and other officers.",
            "chapter": null,
            "content": "(a) the findings and order, if any, under section 22;\n(b) the findings under section 24;\n(c) the determination under section 27;\n(d) the decision of the Charity Commissioner under section 38;\n(e) the order framing scheme under section 54;\n(f) an order confirming or amending the record under section 108.\n(a) deciding question in relation to trust under sub-section (2) of section 27;\n(b) appointment of new trustee under section 51;\n(c) giving direction under clause (iii) of section 52;\n(d) giving consent under section 53;\n(e) deciding application of trustee under section 57;\n(f) deciding application of trustee under section 59.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 103
        },
        {
            "number": "98",
            "title": "98. Revision by State Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 104
        },
        {
            "number": "99",
            "title": "99. Review by tribunal.",
            "chapter": null,
            "content": "(i) by a person not affected by the decision of the Charity Commissioner, Joint Charity Commissioner, Deputy Charity Commissioner or as the ease may be, the Assistant Charity Commissioner; or\n(ii) on frivolous or flimsy grounds to defeat the power of the State Government under section 98, it may make an application to the tribunal for review of the order passed by the tribunal.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 105
        },
        {
            "number": "100",
            "title": "100. Officers holding inquiries to have powers of 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) ordering discovery and inspection, and compelling the production of documents,\n(d) issuing of commissions,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 106
        },
        {
            "number": "101",
            "title": "101. Power of Inquiry Officer to join persons as party of proceedings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 107
        },
        {
            "number": "102",
            "title": "102. Inquiries to be judicial inquiries.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 108
        },
        {
            "number": "103",
            "title": "103. Limitation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 109
        },
        {
            "number": "104",
            "title": "104. Civil Procedure Code to apply to proceedings before tribunal under this Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 110
        },
        {
            "number": "105",
            "title": "105. Recovery of sums.",
            "chapter": null,
            "content": "Chapter XV\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 111
        },
        {
            "number": "106",
            "title": "106. Charity Commissioner and other officers to be public servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 112
        },
        {
            "number": "107",
            "title": "107. Recovery of costs and expenses incurred on legal proceedings by Charity Commissioner, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 113
        },
        {
            "number": "108",
            "title": "108. Power to finalise reconstructed record.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 114
        },
        {
            "number": "109",
            "title": "109. Costs of proceedings before Courts including High Court.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 115
        },
        {
            "number": "110",
            "title": "110. Costs of proceedings before Charity Commissioner etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 116
        },
        {
            "number": "111",
            "title": "111. Cancellation of registration of public trust.",
            "chapter": null,
            "content": "(i) when the whereabouts of the trustees and of the properties of the trust are not known; or\n(ii) where one I rust is merged or amalgamated into another trust and the merged or amalgamated trust loses its entity under section 89.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 117
        },
        {
            "number": "112",
            "title": "112. Compensatory costs for frivolous or vexatious proceedings before Charity Commissioner etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 118
        },
        {
            "number": "113",
            "title": "113. Court fees to be prescribed by Schedule.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 119
        },
        {
            "number": "114",
            "title": "114. Bar of Jurisdiction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 120
        },
        {
            "number": "115",
            "title": "115. Indemnity.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 121
        },
        {
            "number": "116",
            "title": "116. Trial of offences under this Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 122
        },
        {
            "number": "117",
            "title": "117. Previous sanction of Charity Commissioner necessary for prosecution.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 123
        },
        {
            "number": "118",
            "title": "118. Previous sanction of Charity Commissioner necessary for appearance.",
            "chapter": null,
            "content": "(i) associate himself in any manner whatsoever with any public trust;\n(ii) seek employment or office under any public trust;\n(iii) represent any public trust in any proceeding before the Charity Commissioner, Joint Charity Commissioner, Deputy Charity Commissioner or, as the case may be, the Assistant Charity Commissioner.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 124
        },
        {
            "number": "119",
            "title": "119. Power to make rules.",
            "chapter": null,
            "content": "(a) the qualifications of the Director and Assistant Directors of Accounts, Inspectors and the officers appointed under section 7;\n(b) the powers, duties and functions of the officers other than the Charity Commissioner, Deputy and Assistant Charity Commissioner appointed under this Act in addition to those provided for in this Act;\n(c) the conditions of service of all officers specified under section 9;\n(d) the limits of regions and sub-regions to be prescribed under section 16;\n(e) the books, indices and registers to be kept and maintained in a Public Trusts Registration Office, and the particulars to be entered in such books, indices and registers under section 19;\n(f) the form in which an application for the registration of a public trust is to be made and the fees 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 and the form of Memorandum and the manner in which such Memorandum to be signed and verified under section 20;\n(g) the manner in which an inquiry has to be made by the Deputy or Assistant Charity Commissioner under sections 21 and 44;\n(h) the form in which the trustee has to make a report regarding the change under sub-sections (1) and (2) of section 24, and the manner of holding an inquiry under sub-section (3) of the said section;\n(i) the book in which the Deputy or Assistant Charity Commissioner shall make an entry under section 25;\n(j) the form of memorandum to be sent by the Deputy or Assistant Charity Commissioner under section 29;\n(k) the amount of annual income of a public trust exceeding which it is liable to prepare and submit budget; and the forms of such budget, under sub-section (1) section 33;\n(l) the form of account and particulars to be entered in the accounts under section 34 and the fees to be paid for special audit under section 35(4);\n(m) the manner in which the Charity Commissioner shall communicate his decision under sub-section (2) of section 38;\n(n) the form register of movable or immovable properties of public trust under sub-section (1) of section 40;\n(o) the form of register to be kept under sub-section (4) of section 47;\n(p) the manner of making an application to frame the scheme under sub-section (1) of section 54;\n(q) the form of account to be submitted under sub-section (2), and the manner of passing order under sub-section (3) of section 56;\n(r) the time within which trustees may apply to the tribunal for directions under sub-section (1) of section 57;\n(s) the conditions and restrictions subject to which the committee shall deal with the property under sub-section (2) of section 63;\n(t) the honorarium or fees and allowances to be paid to the Chairman, treasurer and members of a committee under subsection (2) of section 67 and the manner in which such honorarium or fees and allowances shall be paid;\n(u) the interval at which a committee shall meet and the procedure it shall follow under section 68;\n(v) the terms and conditions as to service on which secretary and officers of a committee may be appointed under section 71;\n(w) the fund from which the sums payable to Secretary, officer and employee of committee under clause (c) of sub-section (2) of section 71;\n(x) the rules to exempt any sum of endowment or class of endowments under sub-section (2)(b) of section 76 and the manner in which the custody and investment of and the disbursement and payment from the Management Fund and the credit of accounts of the Fund shall be regulated under section 76;\n(y) the date on which and the manner in which every public trust shall pay the annual contribution under section 82 and the deductions to be allowed under the Explanation to sub-section (1) of that section, and the manner of obtaining the decision of State Government on whether or not, a trust falls in any of the exempted class of public trusts under sub-section (3) of that section;\n(z) the manner in which the custody and investment of the money to be credited to the Public Trusts Administration Fund and the disbursement and payment therefrom under section 85;\n(za) the procedure to be followed by the tribunal under sub-section (3) and the other powers of the tribunal under clause (d) of sub-section (4) of section 96;\n(zb) the form of notice in respect of reconstructed record under subsection (1) of section 108;\n(zc) any other matters which are to be or may be prescribed under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 125
        },
        {
            "number": "120",
            "title": "120. Repeal and savings.",
            "chapter": null,
            "content": "(a) the previous operation of the said Act or anything duly done thereunder;\n(b) any right, privilege, obligation or liability already acquired, accrued and incurred under the said Act;\n(c) any penalty or punishment incurred in respect of any offence committed under the said Act;\n(d) any inquiry, legal proceedings or remedy in respect of any such right, title, interest, privilege, obligation, liability, penalty or punishment as aforesaid and such inquiry, legal proceedings or remedy may be instituted, continued or enforced and any such penalty and punishment may be imposed as if this Act had not been passed :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 126
        },
        {
            "number": "121",
            "title": "121. Power to remove difficulty.",
            "chapter": null,
            "content": "Schedule\n( See section 113)\nSection\nSection\nDescription of Documents\nDescription of Documents\nValue Rs.\nValue Rs.\n(1)\n(1)\n(2)\n(2)\n(3)\n(3)\n20 (2)\nApplication for the registration of a Public\n\t\t\t\tTrusts.\n50/-\n24 (1)\nReports of any change or proposed change in any\n\t\t\t\tof the entries recorded in the register kept under section 19.\n10/-\n27(1)\nApplication of any person having interest in a\n\t\t\t\tPublic trust to the Charity Commissioner to determine which of\n\t\t\t\tthe Deputy or Assistant Charity Commissioners shall proceed with\n\t\t\t\tan inquiry under section 20 or 24 in regard to any public trusts.\n20/-\n30\nApplication by the executor of a will for the\n\t\t\t\tregistration of a public trust created by such will\n50/-\n51\nApplication to the tribunal by the Charity\n\t\t\t\tCommissioner or any person having interest in a public trust or\n\t\t\t\tany trustee of public trust for the appointment of a new trustee\n\t\t\t\tor for the vesting of property or for both\n100/-\n53\nApplication to the Charity Commissioner for\n\t\t\t\tconsent to file a suit of the nature specified in section 52.\n100/-\n54\nApplication to the Charity Commissioner for\n\t\t\t\tframing, amalgamating or modifying scheme.\n100/-\n57\nApplication to the tribunal for direction.\n100/-\n59\nApplication for opinion, advice or direction of\n\t\t\t\tthe tribunal.\n100/-\n83\nAppeal to the State Government against the order\n\t\t\t\tof the Charity Commissioner for the payment of contribution by\n\t\t\t\tbank or person from the money standing to the credit of the\n\t\t\t\tpublic trust with such bank or person.\n100/-\n97\nAppeal to the tribunal against the finding of\n\t\t\t\tCharity Commissioner, Joint Charity Commissioner, Deputy or\n\t\t\t\tAssistant Charity Commissioner.\n100/-\nMukhtarnama or Wakalatnama when presented for\n\t\t\t\tthe conduct of any inquiry, appeal or other proceeding to the\n\t\t\t\tCharity Commissioner, or the Deputy or Assistant Charity\n\t\t\t\tCommissioner.\n3/-\nApplication to the Charity Commissioner or the\n\t\t\t\tDeputy or Assistant Charity Commissioner for copies under the\n\t\t\t\tAct.\n10/-\nAny other application or petition presented to\n\t\t\t\tthe Charity Commissioner or the Deputy or Assistant Charity\n\t\t\t\tCommissioner.\n2/-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 127
        }
    ],
    "metadata": {
        "Act ID": "guj245",
        "Act Number": "(Gujarat Act No. 23 of 2011)",
        "Enactment Date": "",
        "Act Year": "2011",
        "Short Title": "Gujarat Public Trusts Act, 2011",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:55:19"
}