Section 33 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 33 requires the accounts a public trust keeps under section 32 to be balanced each year and audited every year by a chartered accountant or by a person the State Government authorises, gives the auditor a right of access to the books, and provides for special audit and exemption.
This article explains section 33 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.
The accounts are balanced each year on 31 March or another day fixed by the Charity Commissioner (s.33(1)) and audited annually by a chartered accountant within the meaning of the Chartered Accountants Act, 1949, or by persons the State Government authorises, who must not be interested in or connected with the trust (s.33(2)). The auditor can inspect all books, vouchers and records (s.33(3)). The Charity Commissioner may order a special audit, and the State Government may exempt a trust or class from the annual audit (s.33(4)).
Sub-section (1): balancing the accounts
"The accounts kept under section 32 shall be balanced each year on the thirty-first day of March or such other day, as may be fixed by the Charity Commissioner." Section 32 (maintenance of accounts) is not set out in this article. The balancing day is 31 March unless the Charity Commissioner fixes another day; the section does not say how he fixes it. A trust that follows a different financial year needs to check what day applies to it, and trusts that want their books audit-ready by the balancing date can use books of accounts compliance support.
Sub-section (2): annual audit and who may audit
The accounts "shall be audited annually" by:
- a chartered accountant "within the meaning of the Chartered Accountants Act, 1949" (Act XXXVIII of 1949); or
- "such persons as the State Government may, subject to any conditions, authorise in this behalf".
Then comes the proviso: "no such person is in any way interested in, or connected with, the public trust". As printed, the proviso follows the clause about persons authorised by the State Government, and speaks of "such person"; it is silent on whether it also governs a chartered accountant, so a trust should treat independence from the trust as the safe rule for any auditor.
The footnotes tell the history: the words "in such manner as may be prescribed and" were deleted by Mah. 20 of 1971, s. 19(1)(a); the chartered accountant wording was substituted by Bom. 14 of 1951, s. 10; and the words on persons authorised by the State Government, with the proviso, were substituted by Mah. 20 of 1971, s. 19(1)(b). The Chartered Accountants Act, 1949 is named as printed; check the law now in force on who may practise as a chartered accountant.
Sub-section (3): the auditor's access
"Every auditor acting under sub-section (2) shall have access to the accounts and to all books, vouchers, other documents and records in the possession of or under the control of the trustee; and it shall be the duty of the trustee to make them available for the use of the auditor." The second half, from "control of the trustee", was substituted by Mah. 20 of 1971, s. 19(2). The duty to make records available is the trustee's. A trustee who withholds vouchers does not only hamper the audit; he fails a duty the section imposes in terms.
Sub-section (4): special audit and exemption
| Clause | Who | What |
|---|---|---|
| (4)(a) | The Charity Commissioner | May direct a special audit of the accounts of any public trust "whenever in his opinion such special audit is necessary". Sub-sections (2) and (3) apply "so far as may be applicable". He may direct payment of "such fee as may be prescribed" for the special audit. |
| (4)(b) | The State Government | May, "by general or special order", exempt any public trust or class of public trusts from the provisions of sub-section (2), "subject to such conditions as may be specified in the order". |
Clause (4)(b), and the brackets and letter "(a)", were added by Bom. 28 of 1953, s. 4(2). The special audit fee is prescribed by the rules and is not set out here. The section prints no amounts or income limits for audit or exemption. If a trust claims exemption, it should hold the order that grants it and read its conditions; the exemption is only from sub-section (2), the annual audit, not from the other duties in the Act.
Putting it together
| Step | Rule | Source |
|---|---|---|
| Keep accounts | In the form approved by the Charity Commissioner | s.32 (not set out here) |
| Balance | Each year on 31 March or the day the Charity Commissioner fixes | s.33(1) |
| Audit | Annually by a chartered accountant or an authorised person, not interested in or connected with the trust | s.33(2) |
| Give access | Trustee makes books, vouchers and records available | s.33(3) |
| Special audit | Charity Commissioner's direction; fee as prescribed | s.33(4)(a) |
| Exemption | State Government order on conditions | s.33(4)(b) |
| Auditor's report | Balance sheet, income and expenditure account and report | s.34 |
For the auditor's reporting duties, see Section 34. For filing accounts in practice, see how to file annual accounts of a trust with the Charity Commissioner.
Illustration. A public school trust in Pune balances its accounts on 31 March. The trustees appoint a chartered accountant who has no connection with the trust, give her the cash books, vouchers, bank statements and the property register, and receive her balance sheet and report. Later, the Charity Commissioner directs a special audit of the trust's building fund because a complaint has been made. The same auditor, or another, audits it with the same access, and a fee is paid as prescribed.
Need help getting the books audit-ready?
Our team can write up and review the books of a public trust, prepare the records for the auditor and help with the follow-up. Talk to us about books of accounts compliance.
Key takeaways
- Accounts are balanced each year on 31 March, or another day fixed by the Charity Commissioner (s.33(1)).
- They are audited annually by a chartered accountant or by persons the State Government authorises, who must not be interested in or connected with the trust (s.33(2)).
- The trustee must make books, vouchers, documents and records available to the auditor (s.33(3)).
- The Charity Commissioner may direct a special audit; the State Government may exempt a trust or class from the annual audit by order on conditions (s.33(4)).
- The section prints no income limits or fee amounts.
Read next
- Section 34: the auditor's duty, balance sheet and reporting irregularities
- Section 31A: budget of public trusts
- How to file annual accounts of a trust with the Charity Commissioner
- Section 38 and 39: explanation on the audit report
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.