Section 22A 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. Section 22A lets the Deputy or Assistant Charity Commissioner hold a further inquiry, after entries have been made in the register, into a particular of a public trust that was never the subject of the earlier inquiry, and then record findings and make entries in line with the decision.
This article explains section 22A 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.
If, at any time after entries are made in the register, it appears to the Deputy or Assistant Charity Commissioner that a particular relating to a public trust was not the subject-matter of the earlier inquiry and has remained to be enquired into, he may make a further inquiry in the prescribed manner, record his findings and make entries in the register in line with the decision, or the decision of the competent authority if appeals or applications are made. The provisions of sections 19, 20, 21 and 22 apply so far as may be.
What the text says
Section 22A was inserted by Bom. 59 of 1954, s. 2 (as the footnote prints). It has one paragraph and three moving parts. A trust that wants help assembling papers for a further inquiry can use compliance documentation support.
| Part | Words of the section | Meaning |
|---|---|---|
| Trigger | "If at any time after the entries are made in the register under section 21, 22 or 28" | The register already carries entries made under section 21, 22 or 28. There is no limit of time: "at any time". |
| Condition | "it appears to the Deputy or Assistant Charity Commissioner that any particular relating to any public trust, which was not the subject-matter of the inquiry under section 19, or sub-section (3) of section 22 or section 28, as the case may be, has remained to be enquired into" | The officer forms a view that a particular was left out of the earlier inquiry. |
| Power | "may make further inquiry in the prescribed manner, record his findings and make entries in the register" | The power is discretionary ("may"). The manner is prescribed by the rules, which are not set out in this article. |
The words "22 or 28" were substituted for "or 22" by Mah. 20 of 1971, s. 10(1), and the references to sub-section (3) of section 22 and to section 28 were inserted by s. 10(2) of that Act, as the footnotes show. Sections 19 and 22 are not set out in this article; please read them in the current official text. Section 28 is explained in Sections 28 and 28A.
"Not the subject-matter of the inquiry"
The section is narrow in one respect. It reaches a particular that was not the subject-matter of the earlier inquiry. The words "has remained to be enquired into" confirm that: the inquiry left something out. The section does not say that a particular that was inquired into and decided can be re-opened by this route. If a particular was enquired into and recorded, changing it is a different question, and the appeal and change provisions of the Act apply.
Some practical consequences:
- The gap must be real. The officer must be able to say which particular was not inquired into. A general feeling that the register is incomplete is not the same as identifying a particular that was left out.
- The trust is entitled to a proper inquiry. Because sections 19 to 22 apply "so far as may be", the further inquiry follows the same pattern as the original: an inquiry, findings with reasons (see Section 20) and entries.
- Entries follow the decision. The officer makes entries "in accordance with the decision arrived at", or, if appeals or applications are made as provided by the Act, "in accordance with the decision of the competent authority provided by this Act". The appeal routes themselves are in Chapter XI; see Section 70.
Who may start it
The text says "it appears to the Deputy or Assistant Charity Commissioner". The section does not say the trust must apply, and it does not exclude an application by a person interested. The trigger is the officer's own satisfaction that a particular has remained to be enquired into. A trustee or other person interested who notices an omission can bring it to the officer's attention in writing; whether the officer takes it up is for him to decide under the section.
Illustration. A public trust in Latur was registered after an inquiry. Years later, the trustees realise that a plot of land held by the trust in a neighbouring taluka was never mentioned in the inquiry and so is missing from the register. They write to the Assistant Charity Commissioner of the region, enclose the title papers and ask for further inquiry. If the officer is satisfied that the particular "has remained to be enquired into", he may hold the further inquiry, record his findings and make the entries. If the trust or any other person disagrees with the result, the appeal and application routes of the Act apply.
What section 22A does not do
- It does not set a period within which the further inquiry must be completed.
- It does not create a right in a trustee to demand a further inquiry; the power is the officer's.
- It does not list the particulars; those are found in the sections it cross-refers to.
- It does not apply to registration of property in the name of a trust under section 22B or to the memorandum of immovable property under section 22C; those are separate sections, explained in Section 22B and Section 22C.
How a trust can prepare
- Keep a copy of the register extract and compare it with the trust's property list.
- Note any property, income source or trustee detail the inquiry did not cover.
- Write to the officer in charge with documents, rather than relying on an oral request.
- Keep the acknowledgement and the later order. If the trust has a lawyer or CA, share the findings with them before any appeal period begins to run.
For the offices that carry out these inquiries, see Sections 14 to 16.
Need help with a gap in your trust's register entries?
If you suspect a particular of your trust is missing from the register, or you have received a notice of further inquiry, we can examine the papers and help prepare the reply and the documents. Ask for compliance documentation support.
Key takeaways
- Section 22A allows a further inquiry "at any time" after entries are made under section 21, 22 or 28.
- It reaches a particular that was not the subject-matter of the earlier inquiry and "has remained to be enquired into".
- The officer holds the inquiry in the prescribed manner, records findings and makes entries.
- Sections 19, 20, 21 and 22 apply "so far as may be"; appeals and applications are decided by the competent authority.
- The words about sections 22 and 28 were put in by Mah. 20 of 1971, as the footnotes print.
Read next
- Section 20: findings after the registration inquiry
- Section 22B: registering trust property in the name of the public trust
- Section 70: appeals from the Deputy or Assistant Charity Commissioner
- 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.