DE-REGISTRATION OF PUBLIC TRUSTS: A DISPUTABLE REVISION IN MAHARASHTRA PUBLIC TRUSTS (AMENDMENT NO. IX) ACT, 2016
Journal Title: Bharati Law Review - Year 2018, Vol 0, Issue 0
Abstract
The Maharashtra Public Trusts Act, 1950 is governing public trusts, whether religious or charitable, or both. Since beginning the main intention of this enactment is to protect every registered trust being perpetual entity. It never provided for closure of trust; however, recently in 2016-initially by ordinance and thereafter by amendment in the law-a specific provision was enacted for deregistration of a registered trust. As the result of the Maharashtra Public Trusts (Amendment No. Ix) Act, 2016, around 80,000 public trusts are already deregistered. All these de-registration proceedings were suo motu, while section 22 (3) under which said amendment is introduced, does not intent any suo motu proceeding. This contradiction, validity of amendment and its impact are discussed in the present paper at length by going to the root of public trust and place in the Maharashtra Public Trusts Act, 1950 where this new provision is inserted. This paper covers the relative provisions, other laws which protect perpetual existence of public trusts, the citations from High Courts and Supreme Court of India, which also confirm perpetual existence of trust and contradiction put forth by recent amendment. The author also attempts to make the reader understand the larger social perspective of a public trust. This paper is based not only on critical evaluation of the said amendment but also various important aspects which are faced by the trust, trustees, beneficiaries and office of the Charity Commissioner which require further amendments in the Maharashtra Public Trusts (Amendment No. Ix) Act, 2016.
Authors and Affiliations
Adv. Sagar Thavare
Keywords
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