**Executive Summary**
This document is the Maharashtra Public Trusts (Amendment) Act, 2025, introduced in the Maharashtra Legislative Assembly on March 20, 2025. It amends the Maharashtra Public Trusts Act of 1950 to include certain exemptions related to annual contributions and other concessions as "State aid". The bill aims to recognize and treat these exemptions as a form of state aid to the trusts.
**Key Points / Main Content**
* **Amendment to Section 41AA of the Maharashtra Public Trusts Act:**
* Adds sub-clauses to section 41AA(4)(a) to include the following as State aid:
* Exemption from payment of annual contribution to the Public Trusts Administration Fund by the State Government under section 58.
* Concessions, exemptions, or relaxations in payment of electricity charges, water charges, municipal or local body taxes, or any other monetary concession/exemption/relaxation by the State Government, the Central Government, or any local authority.
* **Amendment to Section 58 of the Maharashtra Public Trusts Act:**
* Inserts a clause in section 58(2) to include public trusts maintaining a medical center (hospital, nursing home, dispensary, etc.) as eligible for consideration, if the annual expenditure exceeds five lakhs of rupees, or such other limit as the State Government may specify.
* **Objectives of the Bill:**
* Recognize and treat receipt of an exemption by the public trusts from payment of annual contribution to the Public Trusts Administration Fund, to be a State aid to them.
* Amend clause (a) of sub-section (4) of section 41AA so as to include therein any exemption granted to the public trusts from payment of annual contribution, as mandated by section 58 of the Act.
* Suitably amend sub-section (2) of section 58 of the Maharashtra Public Trusts Act.
**Impact Analysis**
**Stakeholder: Maharashtra Public Trusts**
* **Impact:** Certain public trusts, especially those receiving State aid in the form of exemptions from annual contributions and other concessions, will have these benefits formally recognized under the Act.
* **Action Required:** Public trusts should review the amended sections to understand their eligibility for inclusion and how this impacts their administrative requirements and financial obligations.
**Stakeholder: State Government and Charity Commissioner**
* **Impact:** The amendment requires the State Government to formally acknowledge and treat certain exemptions as State aid. The Charity Commissioner’s role in administering these provisions is also affected.
* **Action Required:** The State Government and Charity Commissioner must implement the amended sections of the Act, including updating regulations and processes to account for the recognized exemptions.
Key Entities Referenced
Maharashtra Public Trusts Act: The principal act being amended by this bill, concerning the administration of public, religious, and charitable trusts in Maharashtra.
Section 41AA: A section of the Maharashtra Public Trusts Act concerning the reservation of beds in State-aided public trusts for indigent and weaker sections, being amended to include exemptions from annual contributions as State aid.
Section 58: A section of the Maharashtra Public Trusts Act mandating annual contributions to the Public Trust Administration Fund, being amended to include exemptions for certain public trusts.
Official Gazette: The official publication where the State Government specifies the conditions for the amendment in Section 58, and a reference point for any further updates.
Mumbai: Location where the bill was dated and indicates the geographic applicability of the bill and the principal act.
वर्षष ११, अंक ६] गुरुवारा, माचष २०, २०२५/फााल्गुन २९, शाके १९४६ पष्ृठे े३, किंकमं त : रुपये े३६.००
RNI No. MAHBIL /2009/40123
महाारााष्ट्र� शाासन रााजपत्र
असाधााराण भााग पाच-अ
वर्षष ११, अंक ६] गुरुवारा, माचष २०, २०२५/फााल्गुन २९, शाके १९४६ [ पष्ृठे े3, किंकमं त : रुपये े३६.००
असाधााराण क्रमांक ८
प्रााकिंधाकृत प्राकाशान
महाारााष्ट्र किंवधाानसभाेत व महाारााष्ट्र किंवधाानपरिरार्षदेेत सादेरा केलेेलेी किंवधाेयेके (इंंग्रजी अनुवादे(.
MAHARASHTRA LEGISLATURE SECRETARIAT
The following Bill was introduced in the Maharashtra Legislative Assembly on the 20th March,
2025 is published under Rule 117 of the Maharashtra Legislative Assembly Rules :—
L. A. BILL No. XXV OF 2025.
A BILL
further to amend the Maharashtra Public Trusts Act.
WHEREAS it is expedient further to amend the Maharashtra Public
XXIX of Trusts Act, for the purposes hereinafter appearing ; it is hereby enacted in the
1950. Seventy-sixth Year of the Republic of India as follows :–
1. This Act may be called the Maharashtra Public Trusts (Amendment) Short title.
Act, 2025.
(१)
भााग पााच-अ-८-अ-१
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Amendment 2. In section 41AA of the Maharashtra Public Trusts Act (hereinafter XXIX of
of section
referred to as “the principal Act”), in sub- section (4), in clause (a), after 1950.
41AA of XXIX
of 1950. sub-clause (iv), the following sub-clauses shall be added, namely:-
“(v) has been given exemption from payment of annual contribution
to the Public Trusts Administration Fund, by the State Government under
section 58;
(vi) has been given any concession or exemption or relaxation in
payment of electricity charges, water charges, municipal or local body
taxes or any other monetary concession or exemption or relaxation by the
State Government, the Central Government or their undertakings or any
local authority ; ” .
Amendment 3. In section 58 of the principal Act, in sub-section (2), after the
of section 58 words “exclusively for the purpose of relief of distress caused by scarcity,
of XXIX of
1950. drought, flood, fire or other natural calamity,” the following shall be inserted,
namely:–
“or the public trusts which maintains a hospital (including any nursing
home or maternity home), dispensary or any other centre for medical relief,
referred to as the “medical centre” in section 41AA, and whose annual
expenditure exceeds five lakhs of rupees, or such other limit as the State
Government may, from time to time, by notification published in the
Official Gazette specify, ” .
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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. Section 41AA of the said Act empowers the Charity Commissioner and
the State Government to issue directions to the State—aided public trusts whose
annual expenditure exceeds rupees five lakhs, to reserve and earmark ten per
cent. of the total number of operational beds free of cost for indigent patients,
and to reserve and earmark ten per cent. of the total number of operational
beds at concessional rates for patients from weaker sections of the society. The
Hon’ble High Court of Bombay has, for the purposes of section 41AA, approved
the ‘Scheme for free and concessional medical treatment to indigent patients
and weaker section patients’, in Writ Petition (PIL) No. 3132/2004.
3. Many public trusts have received from the State Government or the
Central Government or any local or competent authority, a grant of land or
building either on ownership basis or on lease or leave and licence, at a nominal
or concessional rate; or an exemption or permission to continue to hold any
vacant land under the Urban Land (Ceiling and Regulation) Act, 1976; or a
concession or exemption or relaxation from the Development Control Rules; or
a loan or guarantee or grant-in-aid whether recurring or non-recurring or other
financial assistance, by virtue of which they are the “ State-aided public trusts”.
4. Section 58 of the said Act mandates every public trust to pay to the
Public Trust Administration Fund such annual contribution at a rate or rates
not exceeding five per cent. of the gross annual income, as may be notified, from
time to time, by the State Government by an order published in the Official
Gazette. But, the State Government has, in exercise of the powers conferred
by sub-section (2) of section 58, already exempted majority of public trusts
which are for the purposes of medical relief, from payment of such an annual
contribution. However, this aid in the form of exemption is not included in
clause (a) of sub-section (4) of section 41AA.
5. The Government, therefore, considers it necessary to recognize and treat
receipt of an exemption by the public trusts from payment of annual contribution
to the Pulic Trusts Administration Fund, to be a State aid to them.
6. The Government, therefore, considers it expedient to amend clause
(a) of sub-section (4) of section 41AA so as to include therein any exemption
granted to the public trusts from payment of annual contribution, as mandated
by section 58 of the Act.
It is also proposed to amend sub-section (2) of section 58 of the Maharashtra
Public Trusts Act, suitably.
7. The Bill seeks to achieve the above objectives.
Mumbai, DEVENDRA FADNAVIS,
Dated the 19th March, 2025. Chief Minister.
Vidhan Bhavan : JITENDRA BHOLE,
Mumbai, Secretary (1) (I/C).
Dated the 20th March, 2025. Maharashtra Legislative Assembly.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,
RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,
MUMBAI 400 004 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.
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