Public trust terms in Maharashtra: a plain-language glossary

Public trust

Under section 2(13) of the Maharashtra Public Trusts Act, 1950, an express or constructive trust for a public, religious or charitable purpose. It includes temples, maths, churches, synagogues and agiaries, and societies registered under the Societies Registration Act, 1860.

Charity Commissioner

The authority under the Act that registers public trusts and supervises them. Deputy and Assistant Charity Commissioners run the Public Trusts Registration Offices.

Public Trusts Registration Office

The office where the register of public trusts for an area is kept. For Greater Mumbai it is at Dharmadaya Ayukta Bhavan, Sasmira Building, Sasmira Road, Worli, Mumbai 400032.

Section 18 application

The application to register a public trust. For a trust created after the Act, the trustee has to apply within three months of its creation.

Inquiry (sections 19 and 20)

After the application, the officer inquires whether the trust exists, whether the property belongs to it and whether it is a public trust, and then records findings.

Public notice (Rule 7A)

Notice of the inquiry is published, and objections can be made within 30 days of the last publication. The applicant may be asked to pay the cost of the notice.

Public Trust Register (section 17)

The register in which each registered trust is entered, with particulars such as the trust name, trustees and property.

Change report (section 22)

A report to the Deputy or Assistant Charity Commissioner of any change in the register entries, such as a change of trustee. It must be made in the prescribed form within 90 days of the change, and the officer can extend the time for sufficient cause, with costs.

Budget (section 31A)

Trustees of a public trust whose annual income exceeds the prescribed amount must prepare a budget of expected receipts and spending and submit it at least one month before the accounting year begins.

Alienation of immovable property (section 36)

A sale, exchange or gift of trust immovable property, or a lease longer than 10 years for agricultural land or 3 years for non-agricultural land or buildings, is invalid without the Charity Commissioner’s prior sanction.

Solemn affirmation (Rule 6(4))

The verification a trustee makes in support of the registration application.

Where to go next

• Our wider legal glossary (land, property, family and court terms)
• How to register a public trust in Maharashtra, step by step
• Public trust registration cost in Maharashtra
• Change of trustee: formats and resolutions
• Trust registration office for Malad, Borivali and Andheri