Faq

1. What is meant by Public Trust?

As per Section 2(13) of The Bombay Public Trust Act., 1950 “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 wakf, 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 (XXI of 1860).

2. How organization work?

There is no any clear provision in The Bombay Public Trust Act, 1950, about this question but under section 47(1)(B) Trustee becomes disqualified if he is for a continuous period of six months absent from India without leave of Charity Commissioner & other officers mentioned therein under Section 47(1)(C) Trustee becomes disqualified if he leaves India for the purpose of residing abroad.

3. What kind of trusts are registered?

Under The Bombay Public Trust Act, 1950, religious & charitable trusts are registered. It contains the following Section.
(A) Hindus (Including Jains, Buddhists, Sikhs & other Hindus).
(B) Muslims (other than Wakf).
(C) Parsis.
(D) Others (Christians)
(E) Cosmopolitan.
(F) Societies registered under the Societies Registration Act 1860.

4. What are charitable purposes under this act?

(1) Relief of poverty or distress,
(2) Education,
(3) Medical relief,
(4) The advancement of any other object of general public utility, but does not include a purpose which relates. (a) exclusively to sports, or (b) exclusively to religious teaching or worship.

5. What is remedy against trustees who are not working properly?

(1) Under section 41(A) of The Bombay Public Trust Act, 1950 Charity Commissioner may issue directions time to time, to any trustee, or any person connected therewith to ensure that such trust is properly administered & the income thereof is properly accounted.
(2) After obtaining permission under section 51 of The Bombay Public Trust Act, 1950 a Suit can be filed for removal of any trustee or manager.

6 Who is called beneficiary of public trust?

The person for whose benefit the confidence is accepted is called the “beneficiary”. The interest of beneficiary of trust is his right against trustee as owner of trust property.

7.Is the Right to Information Act, 2005 applicable to trusts?

A bare reading of definition would make it clear the Public Trust does not fall in either of the categories. It is not established or constituted under the constitution of India, by law passed by the parliament by any law of the state legislature or by notification issued by the appropriate government. If it is not a NGO financed by the Government nor, does the trust receive any contribution or grant from the Government. It is clear from the provisions of the definition that the Act cannot apply to the Public Trust. It is only the Public Authority which is bound by the provisions of the Act. Any person seeking to establish that a particular public trust is covered by the provisions of the Right to Information Act will have to prove that it is a public trust created by Government or Parliament or is substantively financed by the Government. Until that is done it must be held to be falling outside the scope of the Right to Information Act.

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