Section 1 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
This article explains the Maharashtra Public Trusts Act, 1950 as it applies in the State of Maharashtra. The Act was called the Bombay Public Trusts Act, 1950 until its short title was amended. Section 1 does four things: it gives the Act its name, says where it extends, brings it into force at once, and lets the State Government decide, by notification, from which date the Act applies to a public trust or a class of public trusts, or exempts them.
This article explains section 1 as amended up to Maharashtra Act No. XXXVI of 2018 (in force 21 May 2018), per the official text of the Law and Judiciary Department modified up to 19 December 2018. Maharashtra amended the Act again in 2019, 2020, 2024 and 2025; the amending texts consulted do not change this section, but the current text should be checked on the Charity Commissioner's website before relying on it.
Section 1 is the "switch" of the Act. The Act extends to the whole of the State of Maharashtra and came into force at once, but its provisions apply to a public trust or a class of public trusts only from the date specified in a State Government notification. The State may also exempt a trust or class from all or any provisions, subject to conditions. Before either notification is issued, a draft must be published and objections invited.
Which law is this, and where does it apply?
The Maharashtra Public Trusts Act, 1950 is a State law. It regulates public religious and charitable trusts in the State of Maharashtra: how they are registered, how their accounts are audited, how the Charity Commissioner supervises them and how disputes about them are handled. Other States have their own public-trust laws; Rajasthan, Madhya Pradesh, Gujarat and other States are not covered here. For the Rajasthan equivalent of this opening section, see Section 1 of the Rajasthan Public Trusts Act, 1959.
Trustees who need a view on how the Act touches their own trust can ask for legal consultation before they decide anything.
A private family trust is a different animal. The Indian Trusts Act, 1882 does not apply to public charitable or religious trusts; its own section 1 says so. If you are unsure which side of the line your trust falls on, read Section 1-2 of the Indian Trusts Act, 1882 and private trust vs public trust: the differences.
Sub-section by sub-section
| Sub-section | What it says |
|---|---|
| s.1(1) | The Act may be called the Maharashtra Public Trusts Act. |
| s.1(2) | It extends to the whole of the State of Maharashtra. |
| s.1(3) | It comes into force at once; its provisions apply to a public trust or any class of public trusts on the dates specified in the notification under sub-section (4). |
| s.1(4) | The State Government may, by notification in the Official Gazette, specify the date on which the provisions apply to any public trust or any class of public trusts, and different dates may be specified for such trusts in different areas. |
| First proviso | The State Government may by a like notification direct that from the date specified, any public trust or class of public trusts is exempt from all or any of the provisions of the Act, subject to conditions specified in the notification. |
| Second proviso | Before a notification of application or exemption is published, a draft must be published in the Official Gazette and in such other manner as may be prescribed, with a notice giving the date on or before which objections or suggestions will be received and the date on or after which the draft will be taken into consideration. |
The name: from Bombay to Maharashtra
The footnote to sub-section (1) in the official text says that the short title was amended for the short title "Bombay Public Trusts Act, 1950" by Mah. 24 of 2012, Schedule, entry 43, with effect from 1 May 1960. So documents and orders older than that amendment may carry the old name; the Act is the same Act. The preamble still speaks of public religious and charitable trusts "in the State of Bombay", exactly as printed.
"Extent" is not "application"
Sub-section (2) is about extent: the whole of the State of Maharashtra (substituted by Bom. 6 of 1960, with "State of Maharashtra" replacing "State of Bombay" under a 1960 adaptation order, as the footnotes print). Sub-sections (3) and (4) are about application: to which trusts, and from when. A trust in Maharashtra cannot assume that every provision bites on it from the day the Act was passed; the date comes from the notification covering its class and area. The exemption proviso works the other way, on the conditions the notification states.
Why the draft notification matters
The second proviso gives people "likely to be affected" a chance to object before the State acts. A temple committee or a school society that expects to be covered, or exempted, can send objections or suggestions on or before the date named in the draft notice. The text sets no minimum period; the date is whatever the notice specifies. This article does not list notifications; check the Official Gazette and the Charity Commissioner's website.
Illustration. A public trust running a hostel in Pune asks whether the Act applies to it. The questions, in order: is it a public trust at all; does a notification under section 1(4) cover its class and area, and from which date; and does any exemption notification cover it, and on what conditions.
A one-screen map of the Act
| Chapter | Subject | Sections |
|---|---|---|
| I | Preliminary | 1, 2, 2A (deleted) |
| II | Establishment (Charity Commissioner and officers) | 3 to 8 |
| III | Charitable purposes and validity of certain public trusts | 9 to 13 |
| IV | Registration of public trusts | 14 to 31 |
| V | Budget, accounts and audit | 31A to 34 |
| V-A | Powers and duties of, and restriction on, trustees | 35 to 36B |
| VI | Control | 37 to 41F |
| VII | Other functions and powers of the Charity Commissioner | 42 to 56B |
| VII-A | Endowments that vest in, or are managed by, the State Government | 56C to 56T |
| VIII | Public Trusts Administration Fund | 57 to 61 |
| IX | Assessors (deleted) | 62 to 65 |
| X | Offences and penalties | 66 to 67A |
| XI | Functions of the Charity Commissioner, procedure, jurisdiction and appeals | 68 to 77 |
| XII | Miscellaneous | 78 to 88 |
The Act also has Schedules A, AA and B. Section 2A, which dealt with construction of references in the part of Mysore to which the Act once extended, was deleted by Bom. 6 of 1960, s. 5. A few provisions, among them sections 2, 4, 5, 17 to 19, 21, 22, 36, 66 and 84, are not set out in this article; read them in the current official text.
For how a trust is registered in practice, see public trust registration in Maharashtra under the BPT Act. For the Charity Commissioner's office, the next article is Sections 3 and 3A: the Charity Commissioner and the Joint Charity Commissioners, and for the purposes that count as charitable, see Section 9.
Need help with a Maharashtra public trust?
If you are not sure whether the Maharashtra Public Trusts Act, 1950 applies to your trust, or whether a notification affects it, our team can read the trust documents and the notifications with you and tell you where you stand. Talk to us through legal consultation before you act on an assumption.
Key takeaways
- The Act extends to the whole of the State of Maharashtra and came into force at once.
- Its provisions apply to a public trust or class of public trusts from the date a State Government notification specifies; dates may differ by area.
- The State may exempt a trust or class from all or any provisions, on conditions stated in the notification.
- A draft of every application or exemption notification must be published, with a date for objections.
- The Act was called the Bombay Public Trusts Act, 1950 until the short title was amended (Mah. 24 of 2012, effective 1 May 1960 as the footnote prints).
- Always check whether a trust is a public trust, a private trust, or outside the Act altogether.
Read next
- Sections 3 and 3A: the Charity Commissioner and the Joint Charity Commissioners
- Section 9: what counts as a charitable purpose
- Private trust vs public trust: the differences
- Public trust registration in Maharashtra under the BPT Act
Disclaimer: Based on the Maharashtra Public Trusts Act, 1950 as modified up to 19 December 2018 in the official text of the Law and Judiciary Department, Government of Maharashtra, as consulted on 3 October 2026. Maharashtra amended the Act again in 2019, 2020, 2024 and 2025; the current text, the Maharashtra Public Trusts Rules and the Charity Commissioner's circulars should be checked. This article is general information, not legal advice; check the official text before acting.