Sections 10 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, formerly the Bombay Public Trusts Act, 1950. Sections 10 to 13 are four short saving rules in Chapter III. Each stops a public trust from being declared void on one particular ground: that its beneficiaries or objects are uncertain, that some of its purposes are not charitable or religious, that no obligation is annexed to the gift, or that its specific object has failed.
This article explains sections 10 to 13 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 these sections, but the current text should be checked on the Charity Commissioner's website before relying on them.
In Maharashtra a public trust is not void only because (s.10) its beneficiaries or objects are unascertained or unascertainable, (s.11) some of its purposes are not charitable or religious, (s.12) the gift carries no obligation to hold for a religious or charitable object, or (s.13) its specific object has become impossible or impracticable, or the society or institution it benefits has ceased to exist. The word "only" in each section is important.
Why these four sections exist
Trusts for public religious or charitable use are often made informally: a donor sets aside land "for dharma" or gives a building to a society that later disbands. Strict rules about certainty could defeat such gifts. Sections 10 to 13 protect the donor's public purpose from technical objections. Each section uses the pattern "shall not be deemed to be void, only on the ground that". The trust can still be challenged on any other ground; these sections only close off the specific grounds they name. If you would like a view on a trust that has such a defect in its papers, legal consultation is the quickest way to get one.
For the purposes the Act treats as charitable, see Section 9. For the general rule on the lawfulness of a trust's purpose in the Indian Trusts Act, 1882 (a different Act, which does not apply to public charitable or religious trusts), see Section 4 of the Indian Trusts Act: lawful purpose of a trust.
Section 10: uncertainty of persons or objects
Section 10 says that "notwithstanding any law, custom or usage", a public trust shall not be void "only on the ground that the persons or objects for the benefit of whom or which it is created are unascertained or unascertainable".
The Explanation adds that a public trust created for such objects as dharma, dharmada or punyakarya, punyadan shall not be deemed to be void only on the ground that the objects for which it is created are unascertained or unascertainable. Those are traditional expressions for giving; the Explanation protects them by name.
Section 11: mixed purposes
Section 11 deals with a public trust created for purposes "some of which are charitable or religious and some are not". Such a trust "shall not be deemed to be void in respect to the charitable or religious purpose, only on the ground that it is void with respect to the non-charitable or non-religious purpose". In plain terms, the valid purposes can survive even if another purpose in the same deed does not qualify. The section does not say that the non-qualifying purpose is valid; it protects the charitable or religious part.
Section 12: no obligation annexed
Section 12 says that any disposition of property for a religious or charitable purpose shall not be deemed void as a public trust "only on the ground that no obligation is annexed with such disposition requiring the person in whose favour it is made to hold it for the benefit of a religious or charitable object". A gift to a person or body for a religious or charitable purpose can therefore be a public trust even where the deed does not spell out a duty to hold the property for that object.
Section 13: failure of the specific object or society
Section 13 applies where a public trust is created "for a specific object of a charitable or religious nature or for the benefit of a society or institution constituted for charitable or religious purpose". Such a trust shall not be deemed void only on the ground:
- (a) that the performance of the specific object has become impossible or impracticable, or
- (b) that the society or institution does not exist or has ceased to exist,
"notwithstanding the fact that there was no intent for the appropriation of the trust property for a general charitable or religious purpose". The section keeps the trust alive; what happens to the property when the object fails is dealt with by the cy-pres provision, Section 55.
| Section | Ground that cannot, by itself, make the trust void | Key words |
|---|---|---|
| 10 | Persons or objects unascertained or unascertainable | "Notwithstanding any law, custom or usage"; Explanation on dharma, dharmada, punyakarya, punyadan |
| 11 | Some purposes charitable or religious and some not | Protects the charitable or religious purpose |
| 12 | No obligation annexed to the disposition | Religious or charitable purpose |
| 13 | Specific object impossible or impracticable; society or institution does not exist or has ceased to exist | No intent of general charitable or religious appropriation needed |
Practical examples
Example 1. A will in Solapur leaves a plot "for punyakarya in the village" without naming any institution. Section 10 and its Explanation prevent the disposition being treated as void only because the objects are unascertained.
Example 2. A trust deed in Thane directs the income to a village school and also to a private family festival. Under section 11, the school purpose is not void merely because the family festival purpose is not charitable.
Example 3. A trust in Amravati was made for a named mahila mandal that was wound up years ago. Under section 13(b), the trust is not void only because the society has ceased to exist; the next question is how the property is applied, which is a question for the cy-pres provision and the Charity Commissioner.
What these sections do not do
They do not say that a trust is valid on every ground; they remove only the named grounds. They do not decide whether the trust is a public trust to begin with, and they do not replace registration. They also do not tell you how to apply the property after a failure. For the application of property after failure of the object, read Section 55.
Need help with a defective trust deed?
A trust deed with vague objects, mixed purposes or a vanished beneficiary society can be repaired in an orderly way. Our team can review the document and advise on the next step. Start with legal consultation.
Key takeaways
- Each of sections 10 to 13 removes one ground on which a public trust might have been called void; the word "only" is key.
- Unascertained objects, including dharma, dharmada, punyakarya and punyadan, do not by themselves defeat a public trust (s.10).
- A mix of charitable and non-charitable purposes does not invalidate the charitable or religious purpose (s.11).
- A religious or charitable disposition does not fail only because no obligation is annexed (s.12).
- A trust does not fail only because the specific object is impossible or the society has ceased to exist (s.13).
Read next
- Section 9: what counts as a charitable purpose
- Section 55: cy-pres application of trust property
- Section 4 of the Indian Trusts Act, 1882: lawful purpose of a trust
- Private trust vs public trust: the differences
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.