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The Bombay Public Trusts Act, 1950 Cheat Sheet (DRAFT) by

An Act to regulate and to make better provision for the administration of public religious and charitable trusts in the State of Bombay.

This is a draft cheat sheet. It is a work in progress and is not finished yet.

ACT DETAILS

Short Title
The Bombay Public Trusts Act, 1950
Act Year
1950
Act Number
24
Department
Legal Department
Type
State - Gujarat
Long Title
An Act to regulate and to make better provision for the admini­str­ation of public religious and charitable trusts in the State of Bombay.
Enactment Date
14-08-1950
Chapters(12)
I-XII
Sections(88)
1-88
Schedule (3)
A, AA, B
The Bombay Public Trusts Act

CHAPTERS

CHAPTER
CHAPTER TITLE
SECTIONS
I
PRELIM­INARY
1-2A
II
ESTABL­ISHMENT
3-8
III
CHARITABLE PURPOSES AND VALIDITY OF CERTAIN PUBLIC TRUSTS
9-13
IV
REGIST­RATION OF PUBLIC TRUSTS
14-31
V
ACCOUNTS AND AUDIT
32-36
VI
CONTROL
37-41A
VII
OTHER FUNCTIONS AND POWERS OF CHARITY COMMIS­SIONER
42-56B
VII-A
SPECIAL PROVISION AS RESPECTS RELIGIOUS AND CHARITABLE INSTIT­UTIONS AND ENDOWMENTS WHICH VEST IN, OR THE MANAGEMENT OF WHICH VESTS IN, THE STATE GOVERN­MENT.
56C-56T
VIII
PUBLIC TRUSTS ADMINI­STR­ATION FUND
57-61
IX
ASSESSORS
62-65
X
OFFENCES AND PENALTIES
66-67
XI
FUNCTIOS OF CHARITY COMMIS­SIO­NERS, PROCEDURE, JURISD­ICTION APPEALS
68-77
XII
MISCEL­LANEOUS
77-88

Landmark Judgements

SR. NO.
CASE
PARTICULAR
LINK
1
Vinodc­handra Sakarlal Kapadia etc. vs. State of Gujarat and Ors.
  

CHAPTER I

CHAPTER TITLE
PRELIM­INARY
SECTION
PARTICULAR
1
Short title, extent, operation and applic­ation.
2
Defini­tions
2A
[Deleted]
2B
Constr­uction of certain references in the Act in their applic­ation to that part of Gujarat to which the Act extends

CHAPTER II

CHAPTER TITLE
ESTABL­ISHMENT
SECTION
PARTICULAR
3
Charity Commis­sioner
3A
Joint Charity Commis­sioners
4
Qualif­ica­tions for appoin­tment of Charity Commis­sioner
5
Deputy and Assistant Charity Commis­sioners
6
Subord­inate Officers
6A
Charity Commis­sioner and other officers to be servants of State Government
6B
Cost of pay, pension, etc., of Charity Commis­sioner, etc., to be paid to Government out of the Public Trusts Admini­str­ation Fund
7
Assessors
8
Delega­tions

CHAPTER III

CHAPTER TITLE
CHARITABLE PURPOSES AND VALIDITY OF CERTAIN PUBLIC TRUSTS
SECTION
PARTICULAR
9
Charitable purposes
10
Public trust not to be void on ground of uncert­ainty
11
Public trust not void on ground that it is void for non-ch­ari­table or nonrel­igious purpose
12
Public trust not void on ground of absence of obligation
13
Public trust not void on failure of specific object of society, etc. ceasing to exist

CHAPTER IV

CHAPTER TITLE
REGIST­RATION OF PUBLIC TRUSTS.
SECTION
PARTICULAR
14
Regions and sub-re­gions
15
Public Trusts Regist­ration Offices
16
Deputy or Assistant Charity Commis­sioner to be in charge of Public Trusts Regist­ration Office
17
Books, indices and registers
18
Regist­ration of public trusts
19
Inquiry for regist­ration
20
Findings of Deputy or Assistant Charity Commis­sioners
21
Entries in register
22
Change
22A
Further inquiry by Deputy or Assistant Charity Commis­sioner
22B
Regist­ration of trust property in the name of public trust, which has already been regist­ered, etc
22C
Regist­ration of partic­ulars of immovable property of trusts already registered with certain officers and author­ities
23
Procedure where trust property is situated in several regions or sub- regions
24
Stay of inquiry
25
Inquiry regarding public trust not to be held by more than one Deputy or Assistant Charity Commis­sioner
26
Court to forward copy of decision to Charity Commis­sioner
27
[Repea­led.]
28
Public trusts previously registered under enactments specified in Schedule
28A
Copy of entries relating to immovable property to be sent to sub-re­gis­trar, revenue and local author­ities.
28B
[Deleted.]
29
Public trust created by will
30
Notice of partic­ulars of immovable property and scripts entered in register.
31
Bar to hear or decide suits

CHAPTER V

CHAPTER TITLE
ACCOUNTS AND AUDIT
SECTION
PARTICULAR
32
Mainte­nance of Accounts
33
Balancing and auditing of accounts
34
Auditor's duty to prepare balance sheet and to report irregu­lar­ities, etc
35
Investment of public trust money
36
Alienation of immovable property of public trust

CHAPTER VI

CHAPTER TITLE
CONTROL
SECTION
PARTICULAR
37
Power of inspection and superv­ision
38
Explan­ation on report of auditor
39
Report to Charity Commis­sioner
40
Decision of Charity Commis­sioner on report under section 39
41
Order of surcharge
41A
Power of Charity Commis­sioner to issue directions to trustees and other persons
 

CHAPTER VII

CHAPTER TITLE
OTHER FUNCTIONS AND POWERS OF CHARITY COMMIS­SIONER
SECTION
PARTICULAR
42
Charity Commis­sioner to be Corpor­ation sole
43
Charity Commis­sioner to be Treasurer of Charitable Endowments under Act, VI of 1890
44
Charity Commis­sioner can act as trustee of public trusts
45
Charity Commis­sioner may with consent be appointed trustee of settlement by grantor
46
Appoin­tment of Charity Commis­sioner as trustee under will
47
Power of Court to appoint new trustee or trustees as the case may be
47A
Power to Court to vest property in new trustee
47AA
ower of Charity Commis­sioner to apply to Court for appoin­tment of new trustee where trustee convicted under Act
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
48
Levy of admini­str­ative charges
49
Transfer of property by Charity Commis­sioner
50
Suits relating to public trusts
50A
Power of Charity Commis­sioner to frame, amalgamate or modify schemes
51
Consent of Charity Commis­sioner for instit­ution of suit
52
Non-ap­pli­cation of sections 92 and 93 of Civil Procedure Code to public trusts
52A
Suit against assignee for valuable consid­eration not barred by time
53
Bequest under will for benefit of public trust
54
Dharmada
55
Cypres
56
Court's power to hear applic­ation
56A
Powers of trustee to apply for directions
56B
Procee­dings involving question affecting public charitable or religious purpose

CHAPTER VII-A

CHAPTER TITLE
SPECIAL PROVISION AS RESPECTS RELIGIOUS AND CHARITABLE INSTIT­UTIONS AND ENDOWMENTS WHICH VEST IN, OR THE MANAGEMENT OF WHICH VESTS IN, THE STATE GOVERNMENT
SECTION
PARTICULAR
56C
Provisions of Chapter VII-A to apply to certain endowments
56D
Vesting, or transfer of manage­ment, of certain endowments
56E
Committees of management
56F
Term of office of members of committee
56G
Disqua­lif­ication of membership
56H
Power of Government to appoint new member
56I
Chairman and treasurer of committee
56J
Meeting of and procedure for committee
56K
Power of Committee to appoint sub-co­mmi­ttees
56L
Secretary and other officers of Committee
56M
Terms and conditions of service of Secretary and other servants
56N
General duties of committee
56O
Act of committee not invalid by reason of vacancy or defect
56P
Power of State Government to issue directions
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
56R
Power to supersede a committee
56S
Power to make regula­tions
56T
Non-ap­pli­cation of certain provisions of this Act to endowments

CHAPTER VIII

CHAPTER TITLE
PUBLIC TRUSTS ADMINI­STR­ATION FUND
SECTION
PARTICULAR
57
Public Trusts Admini­str­ation Fund
58
Contri­bution by public trusts to Public Trusts Admini­str­ation Fund
59
Penalties as recovery of contri­bution
60
Applic­ation of Public Trusts Admini­str­ation Fund
61
State Government to direct crediting of funds consti­tuted under any Act in Schedule to Public Trusts Admini­str­ation Fund consti­tuted under this Chapter

CHAPTER IX

CHAPTER TITLE
ASSESSORS
SECTION
PARTICULAR
62
Lists of Assessors
63
Person summoned to attend at the time and place specified
64
Cases in which assessors shall be summoned
65
Number of assessors to be called

CHAPTER X

CHAPTER TITLE
OFFENCES AND PENALTIES
SECTION
PARTICULAR
66
Penalty
67
Other offences

CHAPTER XI

CHAPTER TITLE
FUNCTIOS OF CHARITY COMMIS­SIO­NERS, PROCEDURE, JURISD­ICTION APPEALS
SECTION
PARTICULAR
68
Duties, functions and powers of Deputy or Assistant Charity Commis­sioner
69
Duties, functions and powers of Charity Commis­sioner
70
Appeals from findings of Deputy or Assistant Charity Commis­sioner
70A
Charity Commis­sioner to call for and examine record and procee­dings before Deputy or Assistant Charity Commis­sioner
71
Appeal to Bombay Revenue Tribunal
72
Applic­ation from Charity Commis­sio­ner's decision under section 40, 41 or 70, etc
73
Officers holding inquiries to have powers of Civil Court
74
Inquiries to be judicial inquiries
75
Limitation
76
Civil Procedure Code to apply to procee­dings under this Act
77
Recovery of sums due under section 18, 41 or 48 or rules

CHAPTER XII

CHAPTER TITLE
MISCEL­LANEOUS
SECTION
PARTICULAR
78
Charity Commis­sioner and other officers and assessors to be public servants
79
Decision of property as public trust property
79A
Recovery of costs and expenses incurred on legal procee­dings by Charity Commis­sioner, etc
79B
Costs of procee­dings before Courts including High Court
79C
Costs of procee­dings before Charity Commis­sioner, etc
79CC
Compen­satory costs for frivolous or vexatious procee­dings before Charity Commis­sioner, etc
79D
Court fee to be paid as prescribed by Schedule B
80
Bar of jurisd­iction
81
Indemnity from suits and procee­dings
82
Trial of offences under this Act
83
Previous sanction of Charity Commis­sioner necessary for prosec­ution.
84
Rules
85
Repeal
86
Further repeals and savings consequent on commen­cement of Bom. XXIX of 1950, in other areas of State
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
88
Provision for removal of diffic­ulties