Disputes within a board of trustees — over the management of a trust, allegations of misapplication of funds, or a failure to account — are generally brought before the Charity Commissioner as an enquiry under Section 41D of the Maharashtra Public Trusts Act, 1950, which can result in a trustee being suspended, removed or dismissed on the grounds set out in that section.
Who this generally concerns
- Trustees applying against a co-trustee
- A trustee who is the subject of such an application, and wishes to respond
- A trust seeking directions on a disputed decision
Why the record made at the enquiry matters
The record made at the enquiry stage before the Charity Commissioner tends to decide the outcome of everything that follows, including any later appeal. Representation is generally useful for both the trustee complained against and the trustees moving the application.
See also Charity Commissioner proceedings and public trust compliance.
How trustee disputes are resolved under the MPT Act
Disputes involving the trustees of a public trust — over removal, mismanagement, or the administration of trust property — are addressed through specific provisions of the Maharashtra Public Trusts Act, 1950 rather than through ordinary civil litigation alone.
Relevant provisions
- Section 41A: allows the Charity Commissioner to issue directions to trustees for the proper administration of the trust.
- Section 41D: allows the Charity Commissioner to suspend, remove or dismiss a trustee on the grounds set out in the section. Since the 2017 amendment, charges are framed only where there is prima facie material, after notice and an opportunity of being heard.
- Section 47: allows any person interested in the trust to apply to the Charity Commissioner for the appointment of a new trustee, or for the suspension, removal or discharge of a trustee, on the grounds listed in the section. The order can be appealed to the High Court.
- Section 30A: inserted by the Maharashtra Public Trusts (Second Amendment) Act, 2025 with effect from 1 September 2025. It distinguishes tenure trustees from perpetual trustees, and where the deed is silent it limits perpetual trustees to one-fourth of the board. Many present-day disputes turn on it.
- Section 50: covers suits relating to public trusts, for example for a declaration of breach of trust, for directions, or for the removal of a trustee.
- Section 51: a person interested in the trust must first obtain the Charity Commissioner’s written consent before filing a Section 50 suit. If consent is refused, the refusal can be appealed to the High Court.
- Section 50A: allows a scheme to be framed for the administration of a trust. Since 2017 this is done by the Deputy or Assistant Charity Commissioner, with an appeal to the Charity Commissioner.
Typical process
- A complaint or application is filed with the Charity Commissioner’s office setting out the grounds of the dispute.
- The Charity Commissioner may conduct an enquiry under Section 41A before deciding on suspension, removal, or other directions.
- Where a civil suit is required (for example, for possession or for framing a scheme), the previous sanction of the Charity Commissioner under Section 50 is obtained before the suit is filed.
Assistance with this matter
If you are dealing with a Charity Commissioner proceeding and would like assistance in preparing or filing your matter, you may contact this office through the Contact page to discuss the specifics of your trust or society.
Related guides
- Appointing a New Trustee: Getting the Change on Record
- Suits About Public Trusts and the Charity Commissioner’s Consent
See also: How to remove a trustee in Maharashtra: Section 41D and Section 47.
Consultations are by appointment. To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.
This page describes general procedure and does not constitute legal advice. What applies to a particular matter depends on its own facts.
This page describes general procedure and is published for information only, in keeping with Rule 36 of the Bar Council of India Rules. It is not legal advice and does not solicit work. What applies to a particular matter depends on its own facts.