(1) It shall be the duty of the trustee of a public trust to which this Act has been applied to make an application for the registration of the public trust.
(2) Such application shall be made to the Deputy or Assistant Charity Commissioner of the region or sub-region within the limits of which the trustee has an office for the administration of the trust 27[or the trust property or substantial portion of the trust property is situated, as the case may be.]
(3) Such application shall be in writing, shall be in such form and accompanied by such fee as may prescribed.
(4) Such application shall-
(a) in the case of a public trust created before this Act was applied to it, be made, within three months from the date of the application of this Act, and
(b) in the case of a public trust created after this Act comes into force, within three months of its creation.
(5) Such application shall inter alia contain the following particulars:- 28[(ai) the designation by which the public trust is or shall be known (here-inafter referred to as the name of the public trust),]
(i) the names and addresses of the trustees and the manager, (ii) the mode of succession to the office of the trustee,
(iii) the list of the movable and immovable trust property and such descriptions and particulars as may be sufficient for the identification thereof,
(iv) the approximate value of the movable and immovable property,
(v) the gross average annual income of the trust property estimated on the income of three years immediately preceding the date on which the application is made or of the period which has elapsed since the Public Trust Registration Offices.
Deputy or Assistant Charity Commissioner to be in charge of Public Trusts Registration Office.
Books, indices and registers.
Registration of public trurts.
1950: Bom. XXIX] Bombay Public Trusts Act, 1950 15 of 53 creation of the trust, whichever period is shorter,
(vi) the amount of the average annual expenditure in connection with such public trust estimated on the expenditure incurred within the period to which the particulars under clause (v) relate,
(vii) the address to which any communication to the trustee or manager in connection with the public trust may be sent,
(viii) such other particulars which may be prescribed:
Provided that the rules may provide that in the case of any or all 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.
(6) Every application made under sub-section (1) shall be signed and verified in the prescribed manner by the trustee or his agent specially authorised by him in this behalf. It shall be accompanied by a copy of an instrument of trust, if such instrument had been executed and is in existence.
29[(7) It shall also be the duty of the trustee of the public trust to send 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, 30[to the sub-registrar of the sub-district appointed under the Indian Registration Act, 1908, in which such immovable property is situate for purposes of registration.
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.]
19. On the receipt of an application under section 18, or upon an application made by any person having interest in a public trust or on his own motion, the Deputy or Assistant Charity Commissioner shall make an inquiry in the prescribed manner for the purpose of ascertaining:- 31[(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 the whole or any substantial portion of the subject-matter of the trust is situate within his jurisdiction,
(iv) the names and addresses of the trustees and manager of such trust, (v) the mode of succession to the office of the trustee of such trust, (vi) the origin, nature and object of such trust,
(vii) the amount of gross average annual income and expenditure of such trust, and
(viii) any other particulars as may be prescribed under sub-section (5) of section 18.
20. On completion of the inquiry provided for under section 19, the Deputy or Assistant Charity Commissioner shall record his findings with the reasons therefor as to the matters mentioned in the said section, 32[and may make an order for the payment of the registration fee].