HB-2406 Part V-A Extra 31 Date 8-12-2025, Publication of a bill further to amend the Maharashtra Public Trust Act as L.A. Bill No. XCII of 2025 by Secretary-1, Maharashtra Legislative Assembly. Extra Ordinary No. 31, Ank 17(2).

RNI No. MAHBIL /2009/40123 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ वर्षष ११, अंक १७(२)] सोमवारा, डि�संबरा ८, २०२५/अग्रहाायण १७, शाके १९४७ [पष्ृठे े७, डिकमं त : रुपय े३६.०० असाधााराण क्रमांक ३१ प्रााडिधाकृत प्राकाशान महाारााष्ट्र डिवधाानसभाेत व महाारााष्ट्र डिवधाानपरिरार्षदेेत सादेरा केलेेलेी डिवधाेयके (इंंग्रजी अनुवादे). MAHARASHTRA LEGISLATURE SECRETARIAT The following Bill was introduced in the Maharashtra Legislative Assembly on the 8th December, 2025 is published under Rule 117 of the Maharashtra Legislative Assembly Rules :— L. A. BILL No. XCII OF 2025. A BILL further to amend the Maharashtra Public Trusts Act. WHEREAS both Houses of the State Legislature were not in session ; AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action further XXIX of to amend the Maharashtra Public Trusts Act, for the purposes hereinafter 1950. appearing ; and, therefore, promulgated the Maharashtra Public Trusts Mah. (Amendment) Ordinance, 2025 on the 1st September 2025; Ord. VII of AND WHEREAS it is expedient to replace the said Ordinance by an Act 2025. of the State Legislature; it is hereby enacted in the Seventy-sixth Year of the Republic of India as follows :– भााग पााच-अ-३१-१. एच बीी-२४०६-१. (१)2 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, डि�संबरा ८, २०२५/अग्रहाायण १७, शाके १९४७ Short title 1. (1) This Act may be called the Maharashtra Public Trusts (Second and Amendment) Act, 2025. commence- ment. (2) (a) Except section 5, it shall be deemed to have come into force on the 1st September 2025. (b) Section 5 shall come into force on such date as the State Government may by notification published in the Official Gazette, appoint. Amendment 2. In section 2 of the Maharashtra Public Trusts Act (hereinafter referred XXIX of of section 2 of to as “the principal Act”),— 1950. XXIX of 1950. (1) after clause (9), the following clause shall be inserted, namely :— “(9A) “perpetual trustee” means a trustee appointed for life or as a permanent trustee as per instrument of trust or as per the provisions of this Act;”; (2) after clause (17), the following clause shall be inserted, namely :— “(17A) “tenure trustee” means a trustee appointed for a specific period of time as per instrument of trust or as per the provisions of this Act;”; (3) for clause (18), the following clause shall be substituted, namely : –– “(18) “trustee” means a person in whom either alone or in association with other persons, the trust property is vested and includes a tenure trustee and perpetual trustee;” . Amendment 3. In section 18 of the principal Act, in sub-section (6), after the words of section 18 “is in existence” the words “and a copy of the document showing ownership over of XXIX of 1950. or interest in the immovable property of the trust” shall be added. Insertion of 4. After section 30 of the principal Act, the following section shall be new section inserted, namely :— 30A in XXIX of 1950. Appointment of “30A. (1) When the specific period of appointment of a tenure trustee tenure trustee expires, then notwithstanding anything contrary contained either in the or perpetual trustee. instrument of trust or any decision taken by the trustees, such tenure trustee shall cease to perform functions and discharge the duties as a trustee, unless and until he is re-appointed : Provided that, if the instrument of trust is silent or does not expressly provide for any specific period for appointment or re-appointment of a trustee, then notwithstanding anything contrary contained in the instrument of trust, or any decision that may have been taken by the trustees, it shall be lawful for the continuing or surviving trustees to unanimously appoint a trustee for a period upto five years at a time. (2) If the instrument of trust does not contain any specific provision for appointment of trustee as perpetual trustee, then notwithstanding anything contrary to the usage of the trust or any decision that the trustees may have taken, the number of perpetual trustees at any point of time in the trust shall not exceed one-fourth of the total number of trustees :महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, डि�संबरा ८, २०२५/अग्रहाायण १७, शाके १९४७ 3 Provided that, the continuing or surviving trustees may, unanimously appoint a tenure trustee whose period has expired to be a perpetual trustee only against the vacancy of the perpetual trustee arising on account of any of the following reasons :— (a) death ; (b) insolvency ; (c) becoming incapable or unfit to discharge the functions and duties of his office by reason of extreme old age, disease whether of body or mind ; (d) leaving India with an intention of permanently residing abroad ; (e) conviction for any offence involving moral turpitude. (3) Notwithstanding anything contrary contained in the instrument of trust, or any decision that may have been taken by the trustees, the tenure trustees or the perpetual trustees shall always be appointed within the limit of maximum number of trustees expressly or by necessary implication laid down in the instrument of trust. Accordingly, the continuing or surviving trustees shall not either upon expiry of the period of the tenure trustee or on happening of any event specified in clauses (a) to (e) of sub-section (2), appoint any trustee or trustees over and above the maximum number of trustees so laid down in the instrument of trust.”. 5. After section 50A of the principal Act, the following section shall be Insertion of inserted, namely :— new section 50B in XXIX of 1950. “50B. (1) Any reference to the Civil Court or Civil Judge, District Court Reference or District Judge, in any instrument of trust, scheme, order or decree of any to Charity Commissioner Court made or passed, whether before or after the date of the application of in place of the Act to any public trust as having jurisdiction, power or authority to,— Civil Court, etc. (a) frame or modify a scheme for any public trust, or ; (b) to act as or discharge the functions of the President or Chairman or trustee or office bearer of any public trust, or ; (c) to appoint any trustee or trustees of any public trust, shall be construed as reference to the Charity Commissioner and he shall accordingly exercise the jurisdiction, powers and authority.”. 6. In section 66A of the principal Act, for the words “simple imprisonment, Amendment which may extend to six months or with fine, which may extend to rupees twenty- of section 66A of XXIX of five thousand, or with both” the words “imprisonment of either description, 1950. which may extend to one year or with fine, which may extend to rupees fifty thousand, or with both” shall be substituted. 7. In section 66B of the principal Act, for the words “three months or with Amendment fine which may extend to rupees twenty thousand, or with both” the words “one of section 66B of XXIX of year or with fine which may extend to rupees fifty thousand, or with both” shall 1950. be substituted.4 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, डि�संबरा ८, २०२५/अग्रहाायण १७, शाके १९४७ Amendment 8. In section 70A of the principal Act, in sub-section (1),— of section 70A of XXIX (1) before the existing proviso, the following proviso shall be inserted, of 1950. namely :— “Provided that, an application under this sub-section shall be submitted to the Charity Commissioner within one hundred and twenty days from the date of recording of the findings or the passing of the orders, as the case may be :”; (2) in the existing proviso, for the words “Provided that” the words “Provided further that” shall be substituted. Amendment 9. In section 75 of the principal Act,— of section 75 (1) after the words “period of appeal” the words “and application under of XXIX of 1950. section 70A” shall be inserted; (2) after the words “such appeals” the words “and applications” shall be added. Amendment 10. In section 82 of the principal Act, the words “a Metropolitan Magistrate of section 82 or” shall be deleted. of XXIX of 1950. Repeal of 11. (1) The Maharashtra Public Trusts (Amendment) Ordinance, 2025 is hereby Mah. Mah. Ord. VII repealed. Ord. VII of 2025 and of 2025. saving. (2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the corresponding provisions of the principal Act, as amended by the said Ordinance, shall be deemed to have been done, taken or, as the case may be, issued under the corresponding provisions of the principal Act, as amended by this Act.महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, डि�संबरा ८, २०२५/अग्रहाायण १७, शाके १९४७ 5 STATEMENT OF OBJECTS AND REASONS The Maharashtra Public Trusts Act (XXIX of 1950) is enacted to regulate and make provisions for the administration of public, religious and charitable trusts in the State of Maharashtra. 2. It was noticed that in various instruments of trusts there was no clarity about appointment of perpetual or permanent trustees and tenure trustees and their tenure, which led to multiple litigations before the Charity Commissioner and the court. This affected the working of the trusts, welfare of beneficiaries and the public. It was considered expedient to provide in the Act, by inserting new section 30A, for appointment of tenure trustees and perpetual trustees where the instrument of trusts does not contain any specific provision therefor. The existing definition of “trustee” contained in section 2(18) of the said Act was proposed to be amended with the purpose of specifying the types of trustees based upon their period of appointment i.e. tenure trustees and perpetual trustees therein. 3. Section 18 of the said Act deals with “Registration of public trusts”. In the proposed amendment to sub-section (6 ) of section 18 it was provided that, an application for registration of trust must be accompanied by a copy of the document showing ownership over or interest in the immovable property of the trusts. This would prevent any false claim being made over any property as the trust property while registering the trust. 4. To resolve the issue of jurisdiction of Courts and Charity Commissioner in cases where, the reference to the Civil Court or Civil Judge or District Court or District Judge in any instrument of trust or any scheme, order or decree of any Court made or passed, a new section 50B was proposed to be inserted in the said Act to provide that such reference shall be construed as a reference to the Charity Commissioner to enable him to exercise jurisdiction, powers and authority in such cases. 5. Section 66A of the said Act provides punishment for alienation of immovable property of public trust without previous sanction of the Charity Commissioner and section 66B provides punishments for failure to comply with the directions under section 41AA in respect of reserving beds in charitable hospitals for indigent and weaker section patients. The Government has noticed various instances of above referred contraventions. Therefore, in order to have deterrent effect of punishment, it was proposed to enhance existing punishments by amending said sections, suitably. 6. Section 70A provides for revisionary powers of the Charity Commissioner in respect of proceedings before Deputy or Assistant Charity Commissioner. However, no time limit was specified for filing of an application under the said section 70A. Therefore, applications under the said section are filed even after lapse of prolonged period. Hence it was proposed to amend the said section 70A to provide for limitation of one hundred and twenty days for filing such application. भााग पााच-अ-३१-२. एच बीी-२४०६-२.6 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, डि�संबरा ८, २०२५/अग्रहाायण १७, शाके १९४७ 7. As both Houses of the State Legislature were not in session and the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action further to amend the Maharashtra Public Trusts Act, for the purposes aforesaid, the Maharashtra Public Trusts (Amendment) Ordinance, 2025 (Mah. Ord. VII of 2025), was promulgated by the Governor of Maharashtra on the 1st September 2025. 8. The Bill is intended to replace the said Ordinance by an Act of the State Legislature. Mumbai, DEVENDRA FADNAVIS, Dated the 11th November, 2025. Chief Minister.महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, डि�संबरा ८, २०२५/अग्रहाायण १७, शाके १९४७ 7 MEMORANDUM REGARDING DELEGATED LEGISLATION The Bill involvs the following proposal for delegation of legislative power, namely :– Clause 1(2) (b).– Under this clause, power is taken to the State Government to bring into force section 5 of the Act on such date as the State Government may, by notification in the Official Gazette, appoint. 2. The above-mentioned proposal for delegation of legislative power is of a normal character. Vidhan Bhavan, JITENDRA BHOLE, Nagpur, Secretary-1, Dated the 8th December, 2025. Maharashtra Legislative Assembly. ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT PRESS AND BOOK DEPOT, CIVIL LINES,NAGPUR-440 001 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE