Registration of Public Trusts in Gujarat

Registration of Public Trusts

Public trust

State of Gujarat

Gujarat Public Trusts Act, 2011

“Public trust” means an express or constructive trust for either a public religious or charitable purpose or both and includes a temple, a math, a church, synagogue, agiary or other place of public religious worship, a dharmada or any other religious or charitable endowment and a society formed either for a religious or charitable purpose or for both and registered under the Societies Registration Act, 1860.

Explanation. – A public trust established by a person professing Islam, which does not fall within the definition of “wakf” under the Wakf Act, 1995 shall be considered as such for the purpose of this Act;

16- Regions and sub-regions

For the purposes of this Act, the State Government may, by notification in the Official Gazette, form regions and sub-regions and prescribe or alter limits of such regions and sub-regions.

17- Public Trust Registration Offices

(1) In every region or sub-region there shall be a Public Trusts Registration Office:

Provided that for two or more regions or sub-regions, there may be one Public Trusts Registration Office:

Provided further that for one region or sub-region there may be one or more Joint Public Trusts Registration Offices.

(2) To facilitate the administrative work of the regions or sub-regions, the State Government may, having regard to the quantum of work and the number of trusts, set up offices in all the districts under any region or sub-region.

18- Deputy or Assistant Charity Commissioner to be in charge of public Trusts Registration Office

The State Government may appoint a Deputy Charity Commissioner or Assistant Charity Commissioner to be in-charge of one or more Public Trusts Registration Offices or Joint Public Trusts Registration Offices.

19. Books, indices and registers

It shall be the duty of the Deputy or Assistant Charity Commissioner in-charge of every Public Trusts Registration Office or, as the case may be, the Joint Public Trusts Registration Office to keep and maintain such books, indices and other registers containing such particulars as may be prescribed.

20- Registration of public trusts

(1) No institution being an institution covered under clause (15) of section 2 shall function as a public trust or derive any benefit as such under this Act or under any other law for the time being in force unless it is registered with the Charity Commissioner under the provisions of this Act.

(2) It shall be the duty of the trustees of a public trust to make an application for the registration of the public trust.

(3) Such application shall be made to the Deputy or Assistant Charity Commissioner of the region or sub-region within the jurisdiction of which the trustee has ail office for the administration of the trust or, as the case may be, the trust property, or substantial portion of the trust property is situated.

(4) Such application shall be in writing and shall be in such form and accompanied by such fees as may be prescribed.

(5) Such application shall be made within three months of its creation.

(6) Such application shall inter alia contain the following particulars:

(i) the designation by which the public trust is or shall be known (hereinafter referred to as “the name of the public trust”),

(ii) the names and addresses of the trustees and the managers,

(iii) the mode of succession to the office of the trustees,

(iv) the list of the movable and immovable trust property and such descriptions and particulars as may be sufficient for the identification thereof,

(v) the approximate value of the movable property,

(vi) the approximate value of the immovable property determined on the basis of the certificate of the approved valuer and the value shown in the jantri issued by the revenue authorities along with a declaration concerning the mode of acquisition of and the burden over such property,

(vii) the estimated gross annual income of the public trust,

(viii) the estimated gross annual expenditure of the public trust,

(ix) the address to which any communication to trustee or manager in connection with the public trust may be sent,

(x) the declaration whether any amount by way of contribution, donation or the like is expected by the trust from any place outside the State of Gujarat or India;

(xi) such other particulars as may be prescribed:

Provided that the rules may provide that in the case of all or any of the public trusts it shall not be necessary to give the particulars of the trust property of such value and such kind as may be specified therein.

(7) Every application made under sub-section (1) shall be signed and verified in the prescribed manner by the trustee specially authorized in this behalf by the trust. It shall be accompanied by a copy of an instrument of trust.

(8) Where on receipt of such application, it is noticed that the application is incomplete in any particulars, or does not disclose full particulars of the public trust, the Deputy or Assistant Charity Commissioner may return the application to the trustee, and direct the trustee to complete the application in all particulars or disclose therein the full particulars of the trust, and resubmit it within the period specified in such direction; and it shall be the duty of the trustees to comply with the direction.

(9) (i) It shall also be the duty of the trustee of the public trust to send a Memorandum in the prescribed form containing the particulars, including the name and description of the public trust, relating to the immovable property of such public trust, to the Sub-Registrar of the subdistrict appointed under the Registration Act, 1908,(XVI of 1908.) in which such immovable property is situate.

(ii) Such Memorandum shall be sent within three months from the date of creation of the public trust and shall be signed and verified in the prescribed manner by the trustee or his agent specially authorised by him in this behalf.

21- Inquiry for registration

On the receipt of an application under section 20, or, upon an application made by any person having interest in a public trust or on his own motion, the Deputy or Assistant Charily Commissioner shall make an inquiry in the prescribed manner for the purpose of ascertaining –

(i) whether a trust exists and whether such trust is a public trust,

(ii) whether any property is the property of such trust,

(iii) whether such property is subject to any conditions or restrictions laid down or imposed by authority competent under any law for the time being in force or is freehold and unencumbered having clear marketable title as to ownership and possession,

(iv) whether the whole or any substantial portion of the subject matter of the trust is situate within his jurisdiction,

(v) the names and addresses of the trustees and manager of such trust,

(vi) the mode of succession to the office of the trustees of such trust,

(vii) the origin, nature and object of such trust,

(viii) the amount of gross annual income and expenditure of such trust, and

(ix) any other particulars as may be prescribed under subsection (6) of section 20.

22- Finding of Deputy or Assistant Charity Commissioner

On completion of the inquiry provided for under section 21, the Deputy or Assistant Charity Commissioner shall record his findings alongwith the reasons therefore as to each of the matters mentioned in the said section, and may make an order for the payment of the registration fee.

23- Entries in Register

(1) The Deputy or Assistant Charity Commissioner shall make entries in the register kept under section 19 in accordance with the findings recorded by him under section 22 or if appeals or applications are made as provided by this Act, in accordance with the final decision of the Competent Authority provided by this Act.

(2) The entries so made shall, subject to the provisions of this Act and subject to any change recorded under the following provisions, be final and conclusive.

24- Change.

(1) Where any change occurs in any of the entries recorded in the register kept under section 19, the trustee shall, within ninety days from the date of the occurrence of such change, or where any change is desired in such entries or in any of the entries recorded in the register kept under section 19 in the interest of the administration of such public trust, the trustee authorised by the trust shall report such change or proposed change along with the reasons therefore to the Deputy or Assistant Charity Commissioner in-charge of the Public Trusts Registration Office where the register is kept in such form as may be prescribed.

(2) Where the change to be reported under sub-section (1) relates to any immovable property, the trustee shall, along with the report, furnish a Memorandum in the prescribed form containing the particulars (including the name and description of the public trust) relating to any change in the immovable property of such public trust, for forwarding it to the Sub-Registrar referred to in sub-section (9) of section 20. Such Memorandum shall be signed and verified in the prescribed manner by the trustee specially authorised by the trust in this behalf.

(3) For the purpose of verifying the correctness of the entries in the register kept under section 19 or ascertaining whether any change has occurred in any of the particulars recorded in the register, the Deputy or Assistant Charity Commissioner may hold an inquiry in the prescribed manner. ”

(4) If the Deputy or Assistant Charity Commissioner, as the case may be, after receiving a report under sub-section (1) and holding an inquiry, if necessary, under sub-section (3) or merely after holding an inquiry under the said sub-section (3), is satisfied that a change has occurred in any of the entries recorded in the register kept under section 19 in regard to a particular public trust, or that the trust should be removed from the register by reason of the change, he shall, preferably within sixty days of the date of making an application under sub-section (1), record the findings with the reasons therefore to that effect; and if he is not so satisfied, he shall record findings with reasons therefore accordingly.

(5) Any person interested in the trust, may file an appeal before the tribunal against any findings made under sub-section

(4). The Deputy or Assistant Charity Commissioner shall amend or delete the entries in the said register in accordance with the findings which requires an amendment or deletion of entries.

(6) Whenever an entry is amended or the trust is removed from the register under sub-section (5), (he Deputy or Assistant Charity Commissioner, as the case may be, shall forward the Memorandum furnished to him under sub-section (2), after certifying the amended entry, to the Sub-Registrar referred to in sub-section (9) of section 20 for the purpose of filing in Book No.l under section 89 of the Registration Act, 1908, in its application to the State of Gujarat.

(7) In the event of failure of the trustees to report any change that has taken place within ninety days of its occurrence under sub-section (1), such unreported change shall cease to have effect on expiration of ninety days from the date of its occurrence.

25- Procedure where trust property is situate in several regions or sub-regions

(1) If any part of the property of any public trust is situated within the limits of more than one region or sub-region, the Deputy or Assistant Charity Commissioner of the region or sub-region within the limits of which the public trust is registered, shall forward a copy of the entries to the Deputy or Assistant Charity Commissioner in-charge of the region or sub-region within the limits of which such part of the trust property is situated.

(2) The Deputy or Assistant Charity Commissioner in-charge of such region or sub-region shall make an entry in such book as may be prescribed for the purpose.

(3) A copy of such entry shall also be sent by the Deputy or Assistant Charity Commissioner, as the case may be, to the Sub-Registrar appointed under the Registration Act, 1908 of the sub-district within the limits of which such property or part thereof is situated.

26- Stay of Inquiry

No Deputy or Assistant Charity Commissioner shall proceed with an inquiry under section 21 or 24 in regard to any public trust which has been already registered in any other region or sub-region.

27- Inquiry regarding public trust not to be held by more than one Deputy or Assistant Charity Commissioner

(1) If an inquiry under section 21 or 24 in regard to any public trust is pending before more than one Deputy or Assistant Charity Commissioners, the Charity Commissioner shall, on the application of any of the persons having interest in such public trust or on report of any Deputy or Assistant Charity Commissioner before whom such inquiry is pending or on his own motion, determine which of such Deputy or Assistant Charity Commissioner shall proceed with the inquiry in regard to such trust.

(2) Upon such determination, no Deputy or Assistant Charity Commissioner, other than the Deputy or Assistant Charity Commissioner specified by the Charity Commissioner, shall proceed with the inquiry in regard to the public trust under section 21 or 24, as the case may be.

28- Entries in register to be made or amended in certain cases

(1) Any Court of competent jurisdiction deciding any question relating to any public trust which by or under the provisions of this Act is not expressly or impliedly barred from deciding shall cause copy of such decision to be sent to the Charity Commissioner and the Charity Commissioner shall cause the entries in the register kept under section 19 to be made or amended in regard to such public trust in accordance with such decision. The entries so made or amended shall not be altered except in cases where such decision has been varied in appeal or revision by a court of competent jurisdiction. Subject to such alterations, the entries made or amended shall be final and conclusive.

(2) Where the tribunal decides any question in relation to any public trust or passes any order in relation thereto, the Charity Commissioner shall also cause the entries to be made or amended in such register in regard to such public trust in accordance with such decision or order passed by it; and thereupon, the provisions of sub-section (1) shall apply in relation to entries so made or amended as they apply in relation to entries made or amended according to the decision or order of a court.

29- Copy of entries relating to immovable property to be sent to sub-registrar, revenue and local authorities

The Deputy or Assistant Charity Commissioner shall send a Memorandum in the prescribed form containing entries including the entry of the name and description of the public trust, relating to immovable property of such public trust made by him in the register kept under section 19, to the Sub-Registrar of the sub-district appointed under the Registration Act, 1908 or the revenue or local authority in which such immovable property is situate.

30-Public Trust created by will

In the case of the public trust which is created by a will, the executor of such will shall within one month from the date on which the probate of the will is granted or within six months from the date of the testator’s death which ever is earlier, make an application for the registration in the manner provided in section 20 and the provisions of this Chapter shall mutatis mutandis apply to the registration of such trust:

Provided that the period prescribed herein for making an application for registration may, for sufficient cause, be extended by the Deputy or Assistant Charity Commissioner.