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Section 28

The Bombay Public Trusts Act, 1950State Act of Gujarat · Act 24 of 1950

(1) All public trusts registered under the provisions of any of the enactments specified in 43[Schedule A], 44[and Schedule AA] shall be deemed to have been registered under this Act from the date on which this Act may be applied to them. The Deputy or Assistant Charity Commissioner of the region or subregion within the limits of which 45[a public trust had been registered under any of the said enactments] shall issue notice to the trustee of such trust for the purpose of recording entries relating to such trust in the register kept Bom. VI of 1960.

Procedure where trust property is situate in several regions or subregions.

XVI of 1908.

Stay of inquiry.

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

Court to forward copy of decision to Charity Commissioner.

Public trust previously registered under enactments specified in Schedule.

1950: Bom. XXIX] Bombay Public Trusts Act, 1950 19 of 53 under section 17 and shall after hearing the trustee and making such inquiry as he thinks fit record findings with the reasons therefor. Such findings shall be in accordance with the entries in the registers already made under the said enactments subject to such changes as may be necessary or expedient.

(2) Any person aggrieved by any of the findings recorded under sub-section

(1) may appeal to the Charity Commissioner.

(3) The provisions of this Chapter shall, so far as may be, apply to the making of entries in the register kept under section 17 and the entries so made shall be final and conclusive.

46[28A. The Deputy or Assistant Charity Commissioner shall send a memorandum in the prescribed form containing entries including the entry of the name and described of the public trust, relating to immovable property of such public trust made by him in the register kept under section 17—

(i) to the sub-registrar of the sub-district appointed under the Indian Registration Act, 1908, in which such immovable property is situate.

47[ * * * * * * *] 47[ * * * * * * *]

28B. [ Duty of certain officers and authorities to maintain registers of trust property.]

Deleted by Bom. 6 of 1960, s. 17.

29. 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 48[which- ever is earlier] make an application for the registration in the manner provided in section 18 and the provisions of this Chapter shall mutatis mutandis apply to the registration of such trust:

49[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 concerned.]

30. Any person acquiring any immovable property 50**belonging to a public trust which has been registered under this Chapter or any part of or any share or interest in such property 50** of such trust shall be deemed to have notice of the relevant particulars relating to such trust entered in the register, 52[or in the registers maintained under section 28B.]

53[Explanation.-For the purposes of this section, a person shall be deemed to have notice of any particulars in the registers,-

(1) when be actually knows the said particulars or when, but for wilful abstention from any inquiry or search which he ought to have made, or gross negligence, he would have known them;

(2) If his agent acquires notice thereof whilst acting on his behalf in the course of business to which the fact of such particulars is material.]

Where this provision sits

ActThe Bombay Public Trusts Act, 1950
Section28
JurisdictionState of Gujarat
StatusIn force as published by the source

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