For decades, many Maharashtra trust deeds simply said that the trustees were “permanent”, or said nothing about how long a trustee would serve. The Maharashtra Public Trusts (Amendment) Act, 2025 changes that. It introduces two categories of trustee, a tenure trustee and a perpetual trustee, and limits how many perpetual trustees a board can have where the deed does not provide for them. This note explains what changed, from when, and what trustees should check now.
Key facts
- Act
- Maharashtra Public Trusts (Second Amendment) Act, 2025, in force from 1 September 2025
- New Section 30A
- Tenure trustees (for a fixed period) and perpetual trustees (for life)
- One-fourth rule
- Unless the deed provides for them, perpetual trustees cannot exceed one-fourth of the board
- Five-year rule
- Where the deed is silent on the term, trustees can be appointed unanimously for up to five years at a time
- Report
- Each appointment in a Section 22 change report, ordinarily within 90 days
Where the change comes from
- 1 September 2025: the Governor promulgated the Maharashtra Public Trusts (Amendment) Ordinance, 2025 (Mah. Ord. VII of 2025).
- December 2025: the Legislative Assembly passed L.A. Bill No. XCII of 2025 to replace the Ordinance. It was published as the Maharashtra Public Trusts (Second Amendment) Act, 2025 (Mah. LIII of 2025).
- Commencement: except for one section, which comes into force on a date the State Government notifies, the Act is treated as having come into force on 1 September 2025.
Tenure trustee and perpetual trustee
The definition of “trustee” in Section 2(18) now covers both:
- A perpetual trustee is a trustee appointed for life, or as a permanent trustee, under the instrument of trust or the Act.
- A tenure trustee is a trustee appointed for a specific period of time.
The rules in the new Section 30A
When a tenure ends
A tenure trustee stops being a trustee when the term ends, unless re-appointed. Where the trust deed does not say how long a trustee serves, the continuing trustees may appoint or re-appoint a trustee by a unanimous decision for up to five years at a time.
The one-fourth limit on perpetual trustees
Where the trust deed has no specific provision for appointing perpetual trustees, the number of perpetual trustees at any time cannot exceed one-fourth of the total number of trustees. This applies whatever the trust’s past practice, and whatever the trustees may earlier have resolved. On a board of four, that means one perpetual trustee. On a board of eight, two.
Turning a tenure trustee into a perpetual trustee
The trustees may, by a unanimous decision, make a tenure trustee perpetual only to fill a vacancy in a perpetual seat. That vacancy must have arisen from one of the causes the section lists: death, insolvency, incapacity through old age or illness, permanent emigration, or conviction for an offence involving moral turpitude.
The maximum board size still applies
Tenure and perpetual trustees together must stay within the maximum number of trustees fixed by the trust deed. The new categories cannot be used to enlarge the board.
Two other changes in the same Act
- Registration needs a property document. Section 18(6) now requires an application for registration to be accompanied by a copy of the document showing ownership of, or interest in, the trust’s immovable property. The stated aim is to stop false claims that a property belongs to a trust.
- Revision within 120 days. Section 70A now requires an application for revision to the Charity Commissioner to be made within 120 days of the finding or order challenged. Earlier, no period was fixed.
What trustees should check now
- Read the deed. Does it provide for life or permanent trustees? Does it fix a term? Does it fix a maximum number of trustees? The answers decide whether the one-fourth limit and the five-year default apply.
- Count the board. List each current trustee as tenure or perpetual, with the date and term of appointment. Compare the number of perpetual trustees with the one-fourth limit.
- Fix future resolutions. Every appointment resolution should state whether the trustee is a tenure or perpetual trustee and, for a tenure trustee, the term.
- Report the change. Appointments and re-appointments are changes in the register and need a change report under Section 22, ordinarily within 90 days. See documents for a change report.
- Consider a deed amendment where needed. A trust that wants more perpetual trustees than the default allows needs a provision in its deed. Any such amendment must be within the trust’s powers and is itself reported to the Charity Commissioner.
Frequently asked questions
Do existing permanent trustees lose office immediately?
The Act does not simply remove sitting trustees. But where the deed has no provision for perpetual trustees, the one-fourth limit applies “at any time”, so a board above the limit should take advice on how to bring itself within it, usually as terms end and vacancies arise.
Does the five-year limit apply if our deed fixes a three-year term?
No. The five-year rule applies where the deed is silent on the term. Where the deed fixes a term, that term governs.
Does this apply to societies registered as public trusts?
Section 30A is part of the Maharashtra Public Trusts Act, 1950, which applies to societies that are registered as public trusts in Maharashtra. How it applies to a particular society depends on its constitution and rules, which should be read alongside the section.
Where can I read the text?
The Ordinance and the Bill are published by the Maharashtra Legislature and reproduced by PRS Legislative Research. The Act as passed is in the Maharashtra Government Gazette. Always check the current text before acting.
Consultations are by appointment. To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.
This note describes the law as understood in October 2026. It is general information, not legal advice; the position in any particular trust depends on its deed and its facts.
Related
- Appointing a new trustee in Maharashtra
- Trustee disputes before the Charity Commissioner
- Change report filing in Mumbai
- Charity Commissioner matters in Mumbai