Section 31 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 31 is a two-sub-section bar. A suit to enforce a right on behalf of a public trust that has not been registered under the Act cannot be heard or decided in any court, and the same applies to a claim of set-off or other proceeding to enforce such a right.
This article explains section 31 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.
No suit to enforce a right on behalf of a public trust that has not been registered under the Act shall be heard or decided in any court (s.31(1)). The bar extends to a claim of set-off or other proceeding to enforce a right on behalf of such a trust (s.31(2)). The practical lesson is that a public trust should be registered before it goes to court to recover rent, enforce a contract or defend its property by a claim of its own.
Sub-section (1): the bar on suits
The words are: "No suit to enforce a right on behalf of a public trust which has not been registered under this Act shall be heard or decided in any court." The footnote says that the words "in any court" were substituted for "in any Court" by Mah. 20 of 1971, s. 16.
Unpacking the sentence:
| Words | Meaning |
|---|---|
| "No suit to enforce a right" | The target is a suit that seeks to enforce a right, for example to recover rent, to recover possession or to enforce a promise. |
| "on behalf of a public trust" | The suit is brought for the trust, by the trustees or by someone suing for it. |
| "which has not been registered under this Act" | The trust is not on the register under the Act. |
| "shall be heard or decided in any court" | The bar is on hearing or deciding, in any court. |
The bar is not on filing or on the right itself. The text says the suit shall not be "heard or decided"; it does not say the right is extinguished. What the section stops is enforcement in court while the trust is unregistered, and a trust in that position can take legal dispute resolution advice on its options. The text does not say whether the court may allow the defect to be cured by registration during the suit; that question has to be examined on the facts and the current law.
Registered "under this Act"
The section uses the test "registered under this Act". Registration is by the process in Chapter IV: application, inquiry, findings and entries. Trusts deemed registered under section 28 count as registered (see Sections 28 and 28A). A trust that falls within the Act but has not been registered cannot rely on a court to enforce its rights. For the practical route to registration, see public trust registration in Maharashtra under the BPT Act and common mistakes in trust registration and compliance.
Sub-section (2): set-off and other proceedings
Sub-section (2) says that the provisions of sub-section (1) "shall apply to a claim of set-off or other proceeding to enforce a right on behalf of such public trust". So the trust cannot get round the bar by raising a claim of set-off against a claim made on it, or by using some other proceeding to enforce a right. If a defendant is sued by the trust's trustees, or if the trust is sued and wants to set off its own claim, the same bar applies to the claim the unregistered trust tries to enforce.
What the bar does not say
- It speaks of enforcing a right on behalf of the trust. It does not, in terms, stop an unregistered trust from defending itself against a claim made on it. Whether a particular defence amounts to enforcing a right is a question for the court on the facts.
- It does not stop the registration application itself; that goes to the Deputy or Assistant Charity Commissioner under Chapter IV.
- It does not state a penalty for non-registration; for suits by and against public trusts and who may sue for reliefs, see Section 50 and the consent route in Section 51.
Illustration. A Jalgaon trust that runs a hostel has not applied for registration. A tenant who rents a shop from the trust stops paying rent. The trustees sue for arrears. Under section 31(1), a suit to enforce the trust's right to the rent cannot be heard or decided while the trust is unregistered. If the tenant raises a claim against the trust and the trustees plead a set-off of the arrears, sub-section (2) applies the same bar. The better course would have been to apply for registration first.
How to avoid the bar
- Check whether the trust has been registered under the Act, or is deemed registered under section 28.
- If it is not, prepare the application and documents and file them with the right office; see Sections 14 to 16 for offices.
- Keep a copy of the register extract with the trust's litigation file.
- Before any suit or set-off, ask your advocate to confirm the registration position and, where a suit is on a matter within section 50, whether the consent route applies.
Need help with an unregistered trust's dispute?
If your trust needs to enforce a right and its registration is missing or uncertain, our team can help you sort out the registration position and the next steps in the dispute. Contact us for legal dispute resolution support.
Key takeaways
- No suit to enforce a right on behalf of a public trust that is not registered under the Act can be heard or decided in any court (s.31(1)).
- The bar also covers a claim of set-off or other proceeding to enforce such a right (s.31(2)).
- The words "in any court" were substituted by Mah. 20 of 1971, s. 16.
- Trusts deemed registered under section 28 count as registered.
- The section prints no penalty; the consequence is that the right cannot be enforced in court until registration.
Read next
- Section 50: suits relating to public trusts
- Section 51: consent of the Charity Commissioner to file a suit
- Common mistakes in trust registration and compliance
- Sections 28 and 28A: trusts registered under earlier Acts
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.