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Section 8

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

(1) The State Government may delegate any of its own powers or functions Bom. XVII of 1920.

XXXVIII of 1926.

Bom. XVII of 1920.

Subordinate Officers.

Charity Commissioner and other officers to be servants of State Government.

Cost of pay, pension, etc., of Charity Commissioner etc., to be paid to Government out of the public Trusts Administration Fund.

Assessors.

Delegations.

1950: Bom. XXIX] Bombay Public Trusts Act, 1950 13 of 53 under this Act to the Charity Commissioner or any other officer subject to such conditions as it thinks fit.

(2) The State Government may also direct that any powers exercisable and duties or functions to be performed by any particular officer appointed under this Act may be performed by any other officer subject to such conditions as it thinks fit.

CHAPTER III.

CHARITABLE PURPOSES AND VALIDITY OF CERTAIN PUBLIC TRUSTS.

9. For the purposes of this Act, a charitable purpose includes-

(1) relief of poverty or distress,

(2) education,

(3) medical relief, and

(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.

10. Notwithstanding any law, custom or usage, a public trust shall not be void, only on the ground that the persons or objects for the benefit of whom or which it is created are unascertained or unascertainable.

Explanation.-A public trust created for such objects as dharma, dharmada or punyakarya, punyadan shall not be deemed to be void, only on the ground that the objects for which it is created are unascertained or unascertainable.

11. A public trust created for purposes some of which are charitable or religious and some are not shall not be deemed to be void in respect to the charitable or religious purpose, only on the ground that it is void with respect to the non-charitable or nonreligious purpose.

12. Any disposition of property for a religious or charitable purpose shall not be deemed to be void as a public trust, only on the ground that no obligation is annexed with such disposition requiring the person in whose favour it is made to hold it for the benefit of a religious or charitable object.

13. If any public trust is created for a specific object of a charitable or: religious nature or for the benefit of a society or institution constituted for a charitable or religious purpose, such trust shall not be deemed to be void only on the ground-

(a) that the performance of the specific object for which the trust was created has become impossible or impracticable, or

(b) that the society or institution does not exist or has ceased to exist, notwithstanding the fact that there was no intent for the appropriation of the trust property for a general charitable or religious purpose.

CHAPTER IV.

REGISTRATION OF PUBLIC TRUSTS.

Where this provision sits

ActThe Bombay Public Trusts Act, 1950
Section8
JurisdictionState of Gujarat
StatusIn force as published by the source

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