Section 41E 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 41E gives the Charity Commissioner a power like a court's: to grant a temporary injunction, or make another order, to stop trust property from being wasted, damaged, alienated, sold, removed or disposed of, on a report from a Deputy or Assistant Charity Commissioner or an application by at least two interested persons supported by an affidavit.
This article explains section 41E 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 it is brought to the Charity Commissioner's notice by a Deputy or Assistant Charity Commissioner's report or by an application of at least two persons having interest, supported by affidavit, that trust property is in danger of being wasted, damaged or improperly alienated, or that a trustee or other person threatens or intends to remove or dispose of it, he may grant a temporary injunction or make another order on terms he thinks fit. He gives notice first unless delay would defeat the object, hears the person later, and may confirm, discharge, vary or set aside the order. Appeal to the Court lies within ninety days of communication.
Origin
Sections 41A to 41E were inserted by Mah. 20 of 1971, s. 29. The footnotes to section 41E show that sub-sections (4), (6) and (7) were deleted by Mah. 55 of 2017, s. 11; the remaining sub-sections are (1), (2), (3) and (5).
Sub-section (1): the trigger and the order
| Element | Words of the section |
|---|---|
| How it comes to notice | "either by the Deputy or Assistant Charity Commissioner through his report or by an application by at least two persons having interest supported by affidavit" |
| Trigger (a) | "that any trust property is in danger of being wasted, damaged or improperly alienated by any trustee or any other person" |
| Trigger (b) | "that the trustee or such person threatens, or intends to remove or dispose of that property" |
| Order | "may by order grant a temporary injunction or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of such property" |
| Terms | "on such terms as to the duration of injunction, keeping an account, giving security, production of the property or otherwise as he thinks fit" |
Two points about the trigger. The application must come from at least two persons having interest, and it must be supported by affidavit. A lone person interested cannot use this section; he can ask the Deputy or Assistant Charity Commissioner to report or use another route, for instance Section 41B. And the danger can come from "any trustee or any other person". Trustees with a dispute among themselves, and outsiders, both fall within it.
The order can be flexible: duration, keeping an account, security, production of the property, "or otherwise". The Charity Commissioner can tailor it, for instance directing that jewellery be kept in a bank locker and produced when required, or that a tenant not be evicted and that rent be deposited.
For orders that guide administration generally, see Section 41A. Trustees or interested persons considering an application can take legal dispute resolution advice on drafting the affidavit.
Sub-section (2): notice before the order
"The Charity Commissioner shall in all such cases, except where it appears that the object of granting injunction would be defeated by delay, before granting an injunction, give notice of the facts brought to his notice to the trustee, or the person concerned." So the rule is notice first; the exception is urgency, where delay would defeat the object. In an urgent case, the injunction can be granted without prior notice, and the person is heard afterwards under sub-section (3).
Sub-section (3): hearing and review
"After hearing the trustee or person concerned and holding such inquiry as he thinks fit, the Charity Commissioner may confirm, discharge or vary or set aside the order of injunction or pass any other appropriate order." This is the hearing that follows an interim order. The injunction is therefore a temporary measure pending his decision, which may be to confirm, to discharge it, to change its terms or to set it aside.
Sub-section (5): appeal
"A trustee or a person against whom the order of injunction or any other order under this section is passed may, within ninety days of the date of communication of such order, appeal to the Court against such order." The period runs from the date of communication of the order, not from the date it is made, so a person served late should record the date of service. "The Court" is defined elsewhere in the Act (the definitions section is not set out in this article).
| Stage | Section | Time or condition |
|---|---|---|
| Information | 41E(1) | Report of Deputy or Assistant Charity Commissioner, or application by two or more persons with affidavit |
| Notice | 41E(2) | Before injunction, unless delay would defeat the object |
| Injunction or other order | 41E(1) | On terms as to duration, account, security, production or otherwise |
| Hearing and review | 41E(3) | Confirm, discharge, vary or set aside |
| Appeal | 41E(5) | To the Court within ninety days of communication |
Illustration. Two worshippers of a temple trust in Kolhapur learn that a trustee has agreed to sell a plot belonging to the trust. They jointly apply to the Charity Commissioner with an affidavit and the agreement. The Charity Commissioner is satisfied that delay would defeat the object and grants a temporary injunction against the sale without prior notice, on terms that the trustee file an account of the property within a stated period. After hearing the trustee, he confirms the injunction. The trustee has ninety days from the date the order is communicated to him to appeal to the Court. The sanction needed for sale, exchange, gift or long lease of immovable property is a separate matter under section 36, which is not set out in this article.
Need help protecting trust property?
If trust property is at risk, or you are served with an injunction, our team can prepare the application and affidavit, or the reply and appeal. Contact us for legal dispute resolution support.
Key takeaways
- The Charity Commissioner can grant a temporary injunction or other order to stop waste, damage, alienation, sale, removal or disposition of trust property (s.41E(1)).
- The trigger is a report of a Deputy or Assistant Charity Commissioner or an application by at least two interested persons supported by affidavit.
- Notice is given first unless delay would defeat the object (s.41E(2)).
- After hearing, the order can be confirmed, discharged, varied or set aside (s.41E(3)).
- Appeal to the Court lies within ninety days of the date of communication (s.41E(5)).
Read next
- Section 41D: suspension, removal and dismissal of trustees
- Section 41F: attachment of property for disobedience of orders
- Section 50: suits relating to public trusts
- Section 41A: directions for proper administration
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.