DE-REGISTRATION OF PUBLIC TRUSTS: A DISPUTABLE REVISION IN MAHARASHTRA PUBLIC TRUSTS (AMENDMENT NO. IX) ACT, 2016
Journal Title: Bharati Law Review - Year 2018, Vol 0, Issue 0
Abstract
The Maharashtra Public Trusts Act, 1950 is governing public trusts, whether religious or charitable, or both. Since beginning the main intention of this enactment is to protect every registered trust being perpetual entity. It never provided for closure of trust; however, recently in 2016-initially by ordinance and thereafter by amendment in the law-a specific provision was enacted for deregistration of a registered trust. As the result of the Maharashtra Public Trusts (Amendment No. Ix) Act, 2016, around 80,000 public trusts are already deregistered. All these de-registration proceedings were suo motu, while section 22 (3) under which said amendment is introduced, does not intent any suo motu proceeding. This contradiction, validity of amendment and its impact are discussed in the present paper at length by going to the root of public trust and place in the Maharashtra Public Trusts Act, 1950 where this new provision is inserted. This paper covers the relative provisions, other laws which protect perpetual existence of public trusts, the citations from High Courts and Supreme Court of India, which also confirm perpetual existence of trust and contradiction put forth by recent amendment. The author also attempts to make the reader understand the larger social perspective of a public trust. This paper is based not only on critical evaluation of the said amendment but also various important aspects which are faced by the trust, trustees, beneficiaries and office of the Charity Commissioner which require further amendments in the Maharashtra Public Trusts (Amendment No. Ix) Act, 2016.
Authors and Affiliations
Adv. Sagar Thavare
Keywords
Related Articles
- EP ID EP403361
- DOI -
- Views 135
- Downloads 0
EXPLORING COMPETITION POLICY AND LAW IN INDIA
Competition Era is the latest revolution in the world which has changed political, social economic context globally. The National Competition Policy will be a second wave of reforms to make the competition regime strong...
A SYMBIOTIC RELATION BETWEEN HUMAN RIGHTS AND CONSUMER PROTECTION
The word consumer is generic and broad, encompassing different categories of persons. The hirer, the buyer, the patient seeking medical services, the client seeking legal or other professional services, as well as the ho...
PATENT OWNERSHIP AND TRANSACTIONS: PROBLEMS AND CONCERNS
Patent right confers exclusive rights to the patent holder thereby preventing others to make and use the invention. Licensing of patents forms a mechanism where for a limited time the licensee obtains rights to make, use...
EXPERT EVIDENCE
The law of evidence is very crucial branch of law on which justice rests. The main object of evidence is to pave way for court to come to a conclusion regarding the present case. In certain cases where evidence is beyond...
THE CRIMINAL JUSTICE RESPONSE TOWARDS THE VICTIMS OF ACTS OF TERRORISM: AN ASSESSMENT
The United Nation’s General Assembly in its resolution1 urged relevant UN bodies and entities and International, regional and sub regional organizations including the United nations Office on Drugs and Crime [ hereinafte...