The word Trust itself defines some sort of reliability about something. In general sense we use this word to denote some sort of belief or faith. India is a country with full of emotions and diversity, it has been blessed with huge amount of cultural differences. This difference has lead to different kinds of religions, casts, sub-casts, different kinds of attires, educational systems. All these religions however talk similar when it comes to helping the needy in the Society. This task is generally handled through Trusts / Societies formed for charitable activities.
The Maharashtra Public Trust Act, 1950 (formerly known as Bombay Public Trust Act, 1950) is a legislation which provides the platform to safeguard and regulate Public Charitable Trusts.
A Public Trust or a Society formed for charitable activities is required to be registered with the Charity Commissioner Office in the State of Maharashtra. Similar legislation prevails in the State of Gujarat as well. The Charity Commissioner is the guardian of the Trusts who is the registering Authority for the Trusts and Societies in Maharashtra.. The Act specifically prohibits any person from collecting Money from the public at large unless the same is Registered with the Charity Commissioner.
The office of the Charity Commissioner has also been given the powers of supervision, regulation and control of public trusts. It is compulsory for every public trust to register with the Charity Commissioner so as to ensure proper administration and Management of the Trust.
For registration of a Trust, one has to decide the Name of the Trust, define its Objects, a minimum of Two Trustees, determine the names of the Trustees and the fund with which the Trust is being registered. For registering a Charitable Society, there is need to have minimum 7 (Seven) Members and 3 (Three) Governing Body Members.
As a step further for registration, an application needs to be filed with the Officd of the Charity Commissioner of the relevant District along with other papers and documents.
The Registration generally takes place in a span of about three / four months. In the Registration process, the Charity Commissioner shall ensure the genuineness of the Persons who are going to act as Trustees of the proposed Trust. The Office shall conduct such enquiries as it may deem necessary before the Trust is registered.
Once the Charity Commissioner is satisfied about the same, he shall carry out the registration of the Trust and issue a Certificate of its Registration. This is a conclusive evidence that the Trust is registered after compliance with all the applicable provisions of Law in this regards.
For Lex-Eye Services Pvt. Ltd.
Adv. Chinmay Kulkarni
Executive – Systems