Section 41F 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 41F, inserted in 2018, lets the Charity Commissioner, after hearing the parties, attach the property of a person guilty of disobeying an order passed under Chapter VI, and also order that person to be detained in jail for up to six months. Attachment lasts no longer than one year, after which the property may be sold. Appeal lies to the High Court within ninety days.
This article explains section 41F 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 an Assistant or Deputy Charity Commissioner, or two or more persons having interest in the trust property, bring to the Charity Commissioner's notice that an order passed under any section in Chapter VI has been disobeyed, he may, after hearing the parties, order the property of the person guilty to be attached and may also order that person to be detained in jail for up to six months. No attachment lasts more than one year; if the disobedience continues the property may be sold. Appeal lies to the High Court within ninety days of communication of each order.
Origin
Section 41F was inserted by Mah. 36 of 2018, s. 3, as the footnote prints, and is therefore part of the last amendment in the held text. It is the enforcement clause for Chapter VI (Control), which runs from section 37 to section 41F. The orders it protects include directions under Section 41A, orders under Section 41E and orders in the other sections of the Chapter. Section 41AA, also in Chapter VI, is not set out in this article. If an order of this kind is being considered against you or your trust, legal dispute resolution support is available from the start.
Who may bring disobedience to notice
"Where it is brought to the notice of the Charity Commissioner by any Assistant Charity Commissioner or Deputy Charity Commissioner or two or more persons having interest in the trust property that disobedience of any of the orders passed under any of the sections in the Chapter VI is committed". The section begins "Wherein" in the printed text; the sense is "where". Two sources are named: an Assistant or Deputy Charity Commissioner, and two or more persons having interest in the trust property. A single interested person is not enough.
The power (sub-section (1))
| Step | Words of the section |
|---|---|
| Hearing | "the Charity Commissioner may after hearing the parties concerned" |
| Attachment | "order the property of such person guilty of such disobedience or breach, to be attached" |
| Detention | "may also order such person to be detained in jail for a term not exceeding six months" |
| Limit on attachment | "No attachment under this sub-section shall remain in force for more than one year" |
| After one year | "if the disobedience or breach continues, the property attached may be sold" |
| Proceeds | "out of the proceeds the Charity Commissioner may award such compensation as he thinks fit, and shall pay the balance, if any, to the person entitled thereto" |
| Effect | "thereupon, any order passed by the Charity Commissioner, under this section, if in force shall stand vacated, or as the case may be, cancelled" |
Several features deserve attention.
- The property attached is the property of "such person guilty", not necessarily trust property. The title of the section speaks of "attachment of property in certain cases". The person's own property can be attached.
- Attachment is time-limited. It cannot run for more than a year.
- Sale is conditional. The property may be sold only at the end of the year and only "if the disobedience or breach continues".
- Compensation. The Charity Commissioner may award such compensation as he thinks fit out of the sale proceeds, and must pay any balance to the person entitled.
- Detention. The Charity Commissioner may order detention in jail up to six months. The section does not say how the order is executed or what procedure applies; the procedure for attachment and detention is in the rules, which are not set out in this article, and a person facing such an order should get advice at once.
Appeal (sub-section (2))
"A trustee or a person against whom the order under this section is passed, may, within ninety days of the date of communication of each order, appeal to the High Court against such order." Two points: the appeal is to the High Court (compare the appeals to "the Court" in Section 41D and Section 41E); and the ninety days run from each order, so an attachment order and a detention order each have their own period.
Staying clear of section 41F
- Read every order under Chapter VI for its date of compliance, and note that the section is aimed at disobedience of an order passed.
- Ask for time or modification in writing, before the date of compliance passes.
- Keep proof of compliance.
- If a notice under section 41F reaches you, attend the hearing; the section requires "hearing the parties concerned".
- Appeal within ninety days of communication of each order if you intend to challenge it.
Illustration. The Charity Commissioner orders the managing trustee of a Nagpur society to restore to the trust account a sum withdrawn for personal use, and to file proof within a stated period. He does neither. Two beneficiaries and the Assistant Charity Commissioner bring this to the Charity Commissioner's notice. After hearing the parties, the Charity Commissioner orders attachment of the trustee's house and orders detention for a stated term not exceeding six months. The trustee appeals to the High Court within ninety days of communication of each order. If the disobedience continued for a year, the attached property could be sold and the balance paid to the person entitled after compensation.
For related protection of property, see Section 41E, and for recovery of sums due under the Act, Sections 76 and 77.
Need help with a Chapter VI order?
If your trust or a trustee faces a Chapter VI order, a notice of disobedience or an attachment, our team can advise on compliance, the hearing and the appeal. Contact us for legal dispute resolution support.
Key takeaways
- Section 41F (inserted by Mah. 36 of 2018) lets the Charity Commissioner attach the property of a person guilty of disobeying an order passed under any section of Chapter VI, and order detention in jail for up to six months, after hearing the parties.
- It is set in motion by an Assistant or Deputy Charity Commissioner or two or more persons having interest in the trust property.
- Attachment cannot remain in force for more than one year; if the disobedience continues, the property may be sold, with compensation and the balance to the person entitled.
- Appeal lies to the High Court within ninety days of communication of each order.
- The procedure for attachment is in the rules, which are not set out in this article.
Read next
- Section 41E: orders to protect trust property
- Section 41D: suspension, removal and dismissal of trustees
- Sections 76 and 77: the Civil Procedure Code in court proceedings and recovery of sums
- 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.