Critical Evaluation Of The Provisions Of The Maharashtra Public Trusts Act 1950 Regarding Inception Maintenance And Disposal Of Public Trust Properties

Abstract

Charitable and religious trusts are found in almost all civilisations of the world. Every charitable activity is born out of pity and benevolence. Charity is a benchmark of humanity and religious trusts are the creation of faith. Spiritual guidance leads to religious trusts and moral guidance to charitable trusts. newlineIndia though is having diverse religions, lack uniform law governing religious trusts and charitable trusts. There are diversified laws in various states in India. Maharashtra is governed by two laws regarding public trusts namely the Societies Registration Act, 1860 and the Maharashtra Public Trusts Act, 1950. This legal framework is falling short and proving inadequate to protect increasing number of trusts, growing number of trustees and innumerable number of its beneficiaries. newlineThere are no regular checks on the activities of the trusts and trustees which is one of the crucial reasons affecting the properties of the trusts. Much confusing provisions empowering multiple courts to deal with public trust related issues causes multiplicity of litigations. Lack of transparency in functioning of trustees, charity commissioners, no fear of law results into diminishing faith of public in the institution of charity and religious denominations. Tremendous administrative work load, non-availability of training and political pressures on the offices of charity commissioners has culminated into ineffective protection of public trusts and its properties. newlineNon recording of trust properties with the charity offices, paves way for its misappropriation and improper alienation. No guidance is available to trustees for optimum and opt use of trust properties and its better administration. No effective limitation is provided to decide cases of public trusts, which contributes to huge pendency and multiplicity. newline