To provide the text of the Maharashtra Public Trusts Act, 1950, a State legislation governing registration, supervision, accounts, administration and regulatory control of public charitable and religious trusts in Maharashtra.
Overview #
The Maharashtra Public Trusts Act, 1950 is the principal State law for public trusts in Maharashtra. It provides the legal framework for identifying and registering public trusts, maintaining trust property records, regulating trustees, auditing accounts, and enabling supervision by the Charity Commissioner and subordinate charity authorities.
The Act is especially relevant for charitable institutions, religious endowments, educational trusts, hospitals run by public trusts, donors, trustees, auditors, lawyers and researchers dealing with trust administration in Maharashtra. The text available on this page is indicated as updated as on 31 May 2024.
Object of the legislation #
The object of the Act is to ensure that public trusts are properly registered, their properties are recorded, their funds are applied to lawful charitable or religious purposes, and their trustees remain accountable. It creates an institutional mechanism headed by the Charity Commissioner to supervise public trusts and to protect charitable property from mismanagement, unauthorised alienation or diversion.
The Act also clarifies the validity of public trusts in situations where the charitable object may be uncertain, where a specific object fails, or where a society or institution connected with the trust ceases to exist.
Scope and relevance #
The Act applies to public trusts within Maharashtra and covers both charitable and religious trusts. Its practical operation includes registration of trusts, inquiries by Deputy or Assistant Charity Commissioners, recording of movable and immovable property, filing of changes, audit obligations, control over investment and alienation of trust property, and regulatory directions for proper administration.
For healthcare and medical institutions, the Act is significant where hospitals are established or managed by public trusts. Section 41AA, as reflected in the statutory contents, specifically deals with directions in respect of hospitals for earmarking certain beds or facilities for poorer patients free of charge or at concessional rates. This makes the Act relevant not only to trust law but also to charitable healthcare governance in Maharashtra.
Selected important provisions and themes #
- Sections 3 to 8 establish the Charity Commissioner system, including Charity Commissioner, Joint Charity Commissioners, Deputy and Assistant Charity Commissioners, subordinate officers and delegation of powers.
- Section 9 defines charitable purposes, forming the foundation for determining whether an institution or endowment falls within the public trust framework.
- Sections 10 to 13 deal with validity of public trusts and prevent trusts from failing merely because of uncertainty, partial non-charitable purposes, absence of obligation, or failure of a specific object.
- Sections 18 to 23 regulate registration of public trusts, inquiry for registration, findings, register entries, reporting of changes, and cases where trust property is situated in more than one region or sub-region.
- Sections 31A to 34 deal with budget, maintenance of accounts, balancing and auditing, and auditor reporting of irregularities.
- Sections 35, 36, 36A and 36B concern investment of public trust money, alienation of immovable property, duties and restrictions on trustees, and maintenance of property registers.
- Sections 37 to 41F provide supervisory and protective powers, including inspection, inquiry, surcharge, administrative directions, suspension or removal of trustees, and protection of charity property.
- Sections 50 to 52A regulate suits by or against public trusts, consent requirements, and the non-application of sections 92 and 93 of the Code of Civil Procedure to public trusts covered by the Act.
How to use this Bare Act #
- Use this Bare Act to check the statutory procedure for registration of a public trust in Maharashtra and for recording trust property and subsequent changes.
- For trustee compliance, read the provisions on accounts, audit, investment, alienation of immovable property and restrictions on trustee powers together.
- For litigation or proceedings involving a Maharashtra public trust, verify the provisions on Charity Commissioner consent, suits relating to public trusts, and the bar on civil courts in specific matters.
- For charitable hospitals and healthcare trusts, pay special attention to section 41AA and related directions concerning facilities for poorer patients.
- When advising a trust, confirm the latest amendments, rules, circulars and Charity Commissioner practice applicable to the relevant region or office.
Related Bare Acts and statutes #
- Maharashtra Co-operative Societies Act, 1960
- Maharashtra Stamp Act, 1958
- Maharashtra Land Revenue Code, 1966
- Maharashtra Municipal Corporations Act, 1949
- Clinical Establishment (Registration and Regulation) Act
This page is for access to statutory material and general legal reference. The uploaded text is indicated as updated as on 31 May 2024. Users should verify the latest Maharashtra amendments, notifications, rules, Charity Commissioner circulars and applicable judicial interpretation before relying on it in advice, litigation, trust transactions or compliance filings.
