Bombay public trust act 1950

L V Subramaniam (Querist) 13 September 2016 This query is : Resolved
Can the charity Commissioner Bombayhave jurisdiction over an immovable property belonging to a registered charitable trust situated in Bangalore Karnataka charitable trust registered under BPT act 1950 having its a regd office merely on records of charity commissioner and in reality do not have any property or office in Mumbai since three decades and the red office having vacated long ago by the original promoter therefore having no regd office in Mumbai ., having its immovable property in the state of karnataka and all life trustees permanent residents in Karnataka particularly in the light of Supreme court judgement (civil appeal 2409 of 2006 arising out of SLP (Civil) NO 4529 of 2003 dt 2.5.2006 Nautam Praksh D.G.S.V.C ., Vadtal& ors v.K.K.Thakkar & ors Supreme court judgment summary comments "Bombay Public Trust ACt (4 of 1950) S.41 Bombay charity commissioner(Regional Reorganisation )Order 1960 C1 4(b) Administration of TRust - Trust situated in STate of Gujarat i.e. GujaratGujarat Region-Only some properties of Trust are situated in Maharashtra region-aApplication filed by respondent claiming himself to be member of Trust before Assistant charity commissioner GREateerr Bombay under sec41A and 41 B for apppointment of proper persons and trustees of said Trust -Jurisdiction of charity commissioner,Bombay held to be confined only management of property situate within the state of maharashtra and not in relation to entire -However any application allegeging mismanagement of Trust maybe forwarded to Assistant charity Commissioner Gujarat W.P.NO 1519 of 2002 dt 25.09. 2002 Reversed Doctrines : -Doctrine of lex situs The field of legislation in respect of religious endowments and religious institutions is referable gto Item 28 of List III of the Seventh Schedule of the Constitution of India .Ordinarily therefore the Legislation enacted by a STate will be applicable only within the territorial limits thereof. There is a general presumption that, the legislature does not intend to exceed its jurisdiction. An act relating to religious and charitable institutions would be presumed to be applicable only inrespect of the properties or any part thereof situate in the STateThe 1960 Act however makes the provision explicit,clear and unambiguous. The Property of TRust situate within Maharashtra region in terms of CI 4(b) Order is to be deemed to be registered wsith the charity commissioner Bombay.The said authority could thus have exercised its jurisdiction only in respect of that property.It had no jurisdiction in relation to the administration of the entire trustas the office of the Trust is situate within the STate of Gujarat.The Assistant charity commissioner therefore could not have issue direction as prayed for in the application filed before it by respondent A statutory authority as is well known, must exercise its jurisdiction within the four corners of the statute.It cannot go beyond the same Thus the jurisdiction of the charity commissioner Bombay must be held ggo be confined only to themanagement of property situate within the State of Maharashtra and not in relation to the entire Trust However in the event such an application is filed indisputably the same has to be determined on its own merit. Therefore any such application alleging mismanagement of the Trust , if filed may be forwarded to the Assistant charity commissioner Gujarat who shall deal with it (PARAS 24,28,29) Cases referred chronogical paras( AIR 1969SC566 26 AIR 1968 sc422 27 AIR 1963 SC853 25 AIR 1959SC 1002 25 AIR 1955 SC 590 23 AIR 1954 SC 340 24 The Parliament enacted the Bombay Reorganisation Act 1960 in terms of whereof thre STate of gujarat was carved out of the ?STate of Bombay In anticipation of such reorganisation , the Legislature of the State of Bombay enacted the Bombay STatutory Corporations (Regional ActXXI of 1960) section 3 3(1) hereof read as under: 3(1) If it appears to the STate Govvernment expedient that any existing corporation which is operating and functioning immediately before the commencement of this Act should be dissolved or that it should be recohstituted and reorganised so that there are established or functioning separatecorporations for the Mhahrashtra and Gujarat regions. that Government may by or make provision for such dissolution or reconstitution and reorganisation of such existing corporation The said provision was intended to the institution of charity commissioner "By virtu of Legal department order No12921 /E dated the 28th april 1960 the charity commissioner Bombay a corporation sole was reconstituted and reorganised so as to constitute a new corporation for Gujarat region and to reconstitute the existing corporation to function for Maharashtra Region Clauses 4(b) & c, 5 and 6 (a) & (b) read thus "4 Registration of public trusts where property or office is situate-in the case of a public trust duly registered under the ACt before the appointed day or deemed to be so registered if, immediately before that day The BPT Act sec 28A states thus Copy of entries relatting immovable property to be Sub Registrar:The Deputy or charity commssioner shall send a memorandum in the prescribed form containing entries inclduing the entry of the name and description of the public trust relating immovable property of such publc trust made by him in the register kept under section 17 of BPT act : (i) to the Sub Registrar of the su district appointed under the Indian Rgistration Act 1908 in which immovable property is situate in The case of registered of Union registered under indian trade unions act 1926 gave registered office in a building acquired on rental in Mumbai by the management as part of a facility to house union office and since union was the promoter of the trust it assumed it had the right to house the trust promoted by them and accordingly gave that address which is no longer applicable as the management themselves vacated the building and consequently union had to vacate but did not want to change the address of the trust to the new premises to which they moved because of internal disputes Therefore the Trust cannot be said to be situated in Mumbai where is no office neither registered nor even an administrative Besides the trust has no property in Mumbai or maharashtra and the immovable property is the state of karnataka Therefore it was the duty of charity commissioner under section 28A to advise the Sub Registrar of Bangalore all details of the property and the trust should be deemed to have been registered karnataka under the relevant law under which charitable trusts registered in Karnatkaa The simple question is consequent on state reorganisation would the charity commissioner have jurisdiction over the property outside the state of maharashtra which not withstanding the absence of similar legislature akin BPT act 1950. It was the statutory duty of the charity commissioner to send all details of the property on his record to sub registrar under Indian registration act

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