Date: 2025-12-08Category: Not ApplicableState: MaharashtraCountry: India
HB-2415 Part V-A Extra 34 Date 8-12-2025, Publication of a bill to amend the Maharashtra Public Trust Act as Bill No. XCV of 2025 by Section Officer, Maharashtra Legislative Assembly.
Extra Ordinary No. 34, Ank 17(5).
**Executive Summary**
This document presents the Maharashtra Public Trusts (Third Amendment) Act, 2025, introduced in the Maharashtra Legislative Assembly on December 8, 2025. The Act amends the Maharashtra Public Trusts Act (XXIX of 1950) to align with a Supreme Court judgment regarding eligibility requirements for Civil Judge examinations. The amendment specifically deletes sub-clause (iv) from clause (b) of sub-section (2A) in section 5 of the Act.
**Key Points / Main Content**
* **Act Title:** The Act is named the Maharashtra Public Trusts (Third Amendment) Act, 2025.
* **Amendment Details:** The Act amends Section 5 of the Maharashtra Public Trusts Act (XXIX of 1950).
* Specifically, sub-clause (iv) of clause (b) in sub-section (2A) will be deleted.
* **Statement of Objects and Reasons:**
* The original Maharashtra Public Trusts Act (XXIX of 1950) was enacted to regulate and improve the administration of public, religious, and charitable trusts.
* The Supreme Court has directed that eligibility rules for the Civil Judge (Junior Division) examination be amended to require a minimum of three years of practice.
* The current Act specifies that a fresh Law Graduate must have secured a degree in Law in the first attempt and has secured not less than fifty-five per cent. of marks in the final year examination of Bachelor's Degree or Master's Degree.
* The amendment aims to align the appointment criteria for Assistant Charity Commissioners with the Supreme Court's directions, given the similar duties and adjudicatory functions of the post.
**Impact Analysis**
**Stakeholder: Government of Maharashtra**
* **Impact:** Required to amend the Maharashtra Public Trusts Act to align with the Supreme Court's directives on eligibility requirements for the Civil Judge (Junior Division) examination.
* **Action Required:** Implement the changes mandated by the Maharashtra Public Trusts (Third Amendment) Act, 2025.
**Stakeholder: Candidates for Assistant Charity Commissioner**
* **Impact:** Changes the eligibility criteria for appointment to be aligned with the Supreme Court's directions.
* **Action Required:** Familiarize themselves with the updated eligibility requirements and ensure they meet the revised criteria.
**Stakeholder: High Courts and State Governments**
* **Impact:** Impacted by the Supreme Court ruling.
* **Action Required:** Amend the relevant service rules to reflect the minimum period of three years of practice for candidates appearing in the Civil Judge (Junior Division) examination.
Key Entities Referenced
Maharashtra Public Trusts Act: Principal Act being amended by the Maharashtra Public Trusts (Third Amendment) Act, 2025.
Maharashtra Public Trusts (Third Amendment) Act, 2025: Bill to amend the Maharashtra Public Trusts Act.
Supreme Court: Reference to a Supreme Court judgment in relation to civil judge examination requirements prompting the amendment.
Maharashtra: Location where the Act applies.
RNI No. MAHBIL /2009/40123
महाारााष्ट्रट शाासन रााजपत्र
असाधााराण भााग पाच–अ
वर्षष ११, अंक १७(५)] सोमवारा, डि�संबरा ८, २०२५/अग्रहाायण १७, शाके १९४७ [पष्ृठे े२, डिकमं त : रुपय े३६.००
असाधााराण क्रमांक ३४
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. XCV OF 2025.
A BILL
further to amend the Maharashtra Public Trusts Act.
XXIX of WHEREAS it is expedient further to amend the Maharashtra Public
1950. Trusts Act, for the purposes hereinafter appearing; it is hereby enacted in the
Seventy-sixth Year of the Republic of India as follows :—
Short
1. This Act may be called the Maharashtra Public Trusts (Third
title.
Amendment) Act, 2025.
2. In section 5 of the Maharashtra Public Trusts Act, in sub-section (2A), Amendment
XXIX of in clause (b), sub-clause (iv) shall be deleted. of section 5
1950. of XXIX of
1950.
भााग पााच-अ-३४-१.
एच बीी-२४१५-१. (१)2 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, डि�संबरा ८, २०२५/अग्रहाायण १७, शाके १९४७
STATEMENT OF OBJECTS AND REASONS
The Maharashtra Public Trusts Act (XXIX of 1950) is enacted to regulate
and to make better provision for the administration of public, religious and
charitable trusts in the State of Maharashtra.
2. The Supreme Court, in case of All India Judges Association and Others
vs. Union of India and Others (2025 INSC 735), in its judgment dated the 20th
May 2025, has held that, all the High Courts and the State Governments in
the country shall amend the relevant service rules to the effect that candidates
desirous of appearing in the examination for the post of Civil Judge (Junior
Division) must have practiced for a minimum period of three years to be eligible
for the said examination.
3. Sub-clause (iv) of clause (b) of sub-section (2A) of section 5 of the said Act
provides that, a person to be appointed as an Assistant Charity Commissioner
shall be a person who is a fresh Law Graduate and who has secured degree in
Law in the first attempt and has secured not less than fifty-five per cent. of
marks in the final year examination of Bachelor’s Degree or Master’s Degree.
Considering the similar nature of duties and adjudicatory functions of the
Assistant Charity Commissioner and in order to give effect to the directions of
the Supreme Court, the Government of Maharashtra considers it expedient to
amend said section 5 of the said Act, suitably.
4. The Bill seeks to achieve the above objectives.
Mumbai, DEVENDRA FADNAVIS,
Dated the 21St November, 2025. Chief Minister.
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