Sections 56E 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. Sections 56E to 56H, in Chapter VII-A, say how the State Government appoints a committee of management for the endowments that vest in it, who may sit on it, for how long and what happens when a seat falls vacant.
This article explains sections 56E to 56H 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 these sections, but the current text should be checked on the Charity Commissioner's website before relying on them.
The State Government appoints, by notification in the Official Gazette, one or more committees for one or more districts. A committee has not less than five and not more than seven members; for a religious endowment they shall be from the religion or denomination concerned. A member serves five years and may be re-appointed; resignation takes effect only when the State Government accepts it. Nine disqualifications are listed. The State Government may appoint a new member on six listed events. These sections apply only to endowments covered by Chapter VII-A.
Scope
These sections sit in Chapter VII-A, which applies only to the endowments explained in Sections 56C and 56D. They do not govern every temple or trust committee in Maharashtra. A committee for an ordinary private temple trust is governed by its own deed, not by these sections. Those unsure whether their body falls within the Chapter can take legal consultation on the point.
Section 56E: appointment and constitution
Sub-section (1). "Notwithstanding anything contained in sections 47 and 50", the State Government appoints committees "by notification in the Official Gazette" under a name the notification specifies, for the purpose of vesting or transferring the management of the endowment. The words "one or more committees for one or more districts as the State Government may think fit" were substituted for "one or more committees for each district" by Mah. 6 of 1964, s. 2. So the State may set up one committee for several districts, or several for one district.
Sub-section (2). The committee "shall have power to acquire, hold and dispose of property, subject to such conditions and restrictions as may be prescribed, and may sue and be sued in the names of all the members of the committee." The conditions are "prescribed", in rules not described here.
Sub-section (3). "A Committee shall consist of not less than five and not more than seven members and the members in the case of a religious endowment shall, and in any other case may, be appointed from amongst persons professing the religion or belonging to the religious denomination (or any section thereof), for the purposes of which or for the benefit of whom the endowment was founded, or is being administered. The members shall be appointed, as far as possible, and in accordance so far as can be ascertained with the general wishes of those who are interested in the administration, of such endowment."
| Endowment | Source of members |
|---|---|
| Religious | "shall" be appointed from persons professing the religion or belonging to the denomination or section concerned |
| Any other | "may" be so appointed |
Section 56F: term and resignation
- "A member shall be appointed to a committee for a period of five years, but shall be eligible for re-appointment."
- A member may resign "by writing under his hand addressed to the State Government", but "such resignation shall not take effect until the resignation has been accepted by the State Government".
The second rule matters: a member who wants to leave cannot treat his own letter as final. Until the State Government accepts the resignation he remains a member.
Section 56G: disqualification and removal
Sub-section (1) disqualifies a person from appointment as, or from being, a member if he:
| Clause | Disqualification |
|---|---|
| (a) | is a minor |
| (b) | has been convicted by a criminal court of any offence involving moral turpitude |
| (c) | is of unsound mind, and is so declared by a competent court |
| (d) | is an undischarged insolvent |
| (e) | has directly or indirectly interest in a lease or any other transaction relating to the property vesting in the committee |
| (f) | is a paid servant of the committee or has any share or interest in a contract for the supply of goods to, or for the execution of any works, or the performance of any service, undertaken by the committee in respect of the endowment |
| (g) | is found to be guilty of misconduct by the State Government |
| (h) | in the case of a religious endowment, ceases to profess the religion or to belong to the religious denomination for which the committee is appointed |
| (i) | is otherwise unfit |
Clauses (e) and (f) are the conflict-of-interest rules: a member who holds a lease of the endowment's land, or supplies goods to the committee, cannot sit. Clause (c) needs a declaration by a competent court, not merely a doubt about the person's health.
Sub-section (2): "If it appears to the State Government that a member has incurred any of the disqualifications aforesaid, the State Government may, after giving such member an opportunity of showing cause, and after considering any such cause shown, remove such person from membership and the decision of the State Government shall be final."
Sub-section (3): despite any other law, a member "shall not be disqualified from being chosen as and for being a member of, the Maharashtra Legislative Assembly or the Maharashtra Legislative Council or any local authority by reason only of the fact that he is a member of such committee." The word "Maharashtra" was substituted for "Bombay" by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
Section 56H: new members
"The State Government may appoint a new member when a member of committee—" in one of six situations:
- resigns or dies;
- is for a continuous period of six months absent from India without leave of the Charity Commissioner;
- leaves India for the purpose of residing abroad;
- desires to be discharged;
- refuses to act; or
- is removed by the State Government.
The list is close to the list in section 47(1), which the Charity Commissioner uses for ordinary public trusts: see Section 47. The difference is that here the appointing authority is the State Government.
Illustration. A committee of six members is in charge of a hill temple's management in a district of Maharashtra. One member takes a three-year contract to supply flowers to the temple. The State Government, learning of it, gives him a notice to show cause under section 56G(2), considers his reply, and removes him under clause (f). It then appoints a new member under section 56H(f), choosing a person from the religious denomination concerned as section 56E(3) requires for a religious endowment.
Need help with a committee under Chapter VII-A?
Members of a committee, and those who wish to challenge or support an appointment, need to read the notification and the endowment's position carefully. Our team can advise through legal consultation services.
Key takeaways
- The State Government appoints committees by Gazette notification, for one or more districts.
- A committee has five to seven members; for a religious endowment they must come from the religion or denomination concerned.
- The term is five years with eligibility for re-appointment; resignation takes effect only on acceptance.
- Section 56G lists nine disqualifications and allows removal after a show-cause opportunity; the State Government's decision is final.
- Section 56H lets the State Government appoint a new member in six situations.
Read next
- Sections 56C and 56D: Chapter VII-A endowments vested in the State Government
- Sections 56I to 56M: chairman, meetings, sub-committees and staff
- Section 47: appointment of trustees by the Charity Commissioner
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.