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Section 41B of the Maharashtra Public Trusts Act, 1950: inquiries into charities on a complaint or on the Charity Commissioner's own motion

On a written complaint from any person having interest in a public trust, or suo motu, the Charity Commissioner or the Deputy or Assistant Charity Commissioner may institute an...

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Trust Registration
Published
October 3, 2026
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Oct 3, 2026
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Last updated: October 2026Verified against: Government sources

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 41B lets the Charity Commissioner or a Deputy or Assistant Charity Commissioner institute an inquiry into charities, a particular charity or a class of charities, on a written complaint from a person interested or on their own motion, and sets out how the inquiry is held, how evidence is taken and what happens to the report.

This article explains section 41B 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.

Sub-section (1): who may start an inquiry, and how

"On receipt of a complaint in writing from any person having interest in respect of any public trust or suo motu the Charity Commissioner or Deputy or Assistant Charity Commissioner may institute an inquiry with regard to charities or a particular charity or class of charities either generally, or for particular purposes."

FeatureText
Trigger 1A complaint in writing from any person having interest in respect of any public trust
Trigger 2Suo motu (on the officer's own motion)
OfficersThe Charity Commissioner, or a Deputy or Assistant Charity Commissioner
ScopeCharities, a particular charity, or a class of charities
PurposeEither generally, or for particular purposes

The complaint must be in writing and from a person having interest. The power is "may": the officer is not bound to open an inquiry on every complaint. Section 41B was inserted by Mah. 20 of 1971, s. 29, as the footnote to sections 41A to 41E prints. The same complaint route appears in Sections 38 and 39, where a complaint leads the Deputy or Assistant Charity Commissioner to call for an explanation. A trustee who has received a notice in such a matter can use reply to legal notice support.

Sub-section (2): who holds the inquiry

"The officers aforesaid may either hold the inquiry themselves, or entrust such inquiry to the officer authorised under sub-section (1) of section 37." So the inquiry can be held by the officer who ordered it or by an officer authorised by the State Government under Section 37.

Sub-sections (3) to (5): attendance, evidence and expenses

  • Notice to attend (3). The officer holding the inquiry "may, by notice, require any person to attend at a specified time and place and give evidence or produce documents in his custody or control which relate to any matter in question at the inquiry". The notice can go to any person, not only trustees.
  • Oath or affirmation (4). "Evidence may be taken on oath" and the person holding the inquiry may administer an oath under "10 of the Indian Oaths Act, 1873", or may instead require a solemn affirmation and a signed declaration of the truth. The Indian Oaths Act, 1873 is named as printed; check the law now in force on oaths and affirmations before relying on it.
  • Expenses (5). "The necessary expenses of any person of his attendance to give evidence or produce documents for the purpose of the inquiry shall be paid in the manner prescribed." The manner is in the rules, which are not set out in this article.

A person who receives a notice should attend, bring the documents asked for, and keep a copy of what is produced.

Sub-sections (6) to (8): the report and what follows

  • (6) After the inquiry, the person holding it (not being the Charity Commissioner) "shall submit his report to the officer who entrusted such inquiry to him".
  • (7) The Deputy or Assistant Charity Commissioner of the region "shall submit his own report or report received by him under this section to the Charity Commissioner or he may, proceed under section 38, if necessary, or send a copy of the report to the Charity Commissioner with his remarks thereon". The Charity Commissioner "may, if he is satisfied that there is a prima facie case against the trustees, take such steps as are necessary under the provisions of this Act."
  • (8) The Charity Commissioner "may himself also call for the proceedings of any inquiry made under this section for such action as he may think fit."

So the route is: complaint or suo motu start, inquiry by the officer or an authorised officer, report up to the Charity Commissioner, and then either the explanation route of section 38 or steps under the Act if there is a prima facie case. The next steps may include directions under Section 41A or action against a trustee under Section 41D, which expressly refers to "a report under section 41B".

Illustration. A donor in Nashik writes to the Assistant Charity Commissioner complaining that a trust running a public library, funded by donations, is spending funds on a trustee's family. The officer institutes an inquiry and entrusts it to an authorised Inspector. The Inspector issues notices to two trustees and the accountant to attend with documents, takes their statements on oath and submits a report. The Assistant Charity Commissioner sends it to the Charity Commissioner with his remarks. The Charity Commissioner, satisfied that there is a prima facie case, takes the steps the Act allows.

Need help in an inquiry?

If your trust or a trustee has received a notice in an inquiry under section 41B, our team can review the notice, assemble documents and prepare a reply. Contact us for reply to legal notice support.

Key takeaways

  • A written complaint from a person having interest, or the officer's own motion, can start an inquiry into charities (s.41B(1)).
  • The Charity Commissioner or a Deputy or Assistant Charity Commissioner may hold it or entrust it to an authorised officer.
  • Persons can be required to attend and produce documents; evidence may be taken on oath or affirmation; necessary expenses are paid as prescribed.
  • The report goes to the Charity Commissioner; if there is a prima facie case against the trustees he may take the steps the Act allows.
  • The Indian Oaths Act, 1873 is named as printed; check the law now in force.

Read next

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.

Quick recapKey facts & short answers

Key Facts About Section 41B

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Who can complain under section 41B?

Any person having interest in respect of any public trust, in writing. The officer may also act suo motu.

Which officers can institute the inquiry?

The Charity Commissioner, or a Deputy or Assistant Charity Commissioner.

Read the notice the day it arrives; most of the damage is done by the weeks it sits unopened.

— TaxClue Compliance Desk

Section 41B: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Any person having interest in respect of any public trust, in writing. The officer may also act suo motu.

The Charity Commissioner, or a Deputy or Assistant Charity Commissioner.

Yes. Under sub-section (3), the officer may require any person to attend and give evidence or produce documents, and under sub-section (4) evidence may be taken on oath or affirmation.

The necessary expenses are paid in the manner prescribed.

The Deputy or Assistant Charity Commissioner submits the report to the Charity Commissioner, or may proceed under section 38; the Charity Commissioner may take steps under the Act if satisfied of a prima facie case against the trustees.

The section says the officers "may" institute an inquiry.