Sections 87 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 87 says the Act does not apply to certain wakfs and to the Nanded Gurudwara; section 88 lets the State Government remove difficulties in giving effect to the Act by an order published in the Official Gazette.
This article explains sections 87 and 88 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.
Section 87: "Nothing contained in this Act shall apply to" (a) those Wakfs in certain areas of the State to which the provisions of the Wakf Act, 1954 have continued to apply, or (b) the Nanded Gurudwara, whose administration is governed by the Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956. The exclusion is not for all wakfs. Section 88: if a difficulty arises in giving effect to the Act, the State Government may by order in the Official Gazette do anything not inconsistent with the Act that appears necessary or expedient to remove it.
Scope and the older laws
The two Acts named in section 87 are quoted as printed in the 2018 text: the Wakf Act, 1954 (printed with the citation "XXIX of 1954") and the Hyderabad Act "XXXVII of 1956". The reader should check the law now in force on each of them; no replacement is named here and nothing is said about later changes to either. How the Act applies to public trusts generally, and the parts that apply by notification, are explained in Section 1. Trustees or committees of institutions that may fall within section 87 can take legal consultation on whether this Act applies to them.
Section 87: what is excluded
"Nothing contained in this Act shall apply to—
(a) those Wakfs in certain areas of the State to which the provisions of ... the Wakf Act, 1954, have continued to apply; or
(b) the Nanded Gurudwara, the administration of which is governed by the Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956."
The sense of clause (a) is that the Act does not apply to wakfs in certain areas of the State to which provisions of the Wakf Act, 1954 have continued to apply.
| Clause | Excluded | How it is described |
|---|---|---|
| (a) | Wakfs | "those Wakfs in certain areas of the State" to which the Wakf Act, 1954 provisions "have continued to apply" |
| (b) | A Gurudwara | "the Nanded Gurudwara", its administration governed by the Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956 |
Three points follow. The exclusion in clause (a) is limited by two conditions: the wakf is in "certain areas of the State", and the Wakf Act, 1954 provisions "have continued to apply" there. A wakf outside those areas is not excluded by this clause. The Act does not list the areas in the section. The clause is also not a statement that wakfs as a class are outside public trust law in Maharashtra; this article does not say so. And clause (b) is limited to one named Gurudwara, the Nanded Gurudwara, under one named Act.
The words "Nothing contained in this Act shall apply" are complete. A wakf or Gurudwara within the clause is outside every provision of the Act, including registration, accounts and the contribution to the Public Trusts Administration Fund in Section 58.
Section 85(4), explained in Sections 85 and 86, deals with proceedings that were pending under the older Mussalman Wakf Act, 1923; section 87 is a separate exclusion.
Section 88: removal of difficulties
"If any difficulty arises in giving effect to the provisions of this Act, the State Government may by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Act which appears to it to be necessary or expedient for the purpose of removing the difficulty."
| Element | What the text says |
|---|---|
| Condition | "any difficulty arises in giving effect to the provisions of this Act" |
| Who | "the State Government" |
| How | "by an order published in the Official Gazette" |
| Limit | "anything not inconsistent with the provisions of this Act" |
| Test | "which appears to it to be necessary or expedient for the purpose of removing the difficulty" |
The power is bounded: the order must be published, must not be inconsistent with the Act, and must be for the purpose of removing a difficulty in giving effect to the Act. The section prints no time limit for using the power. It does not allow the State Government to change the Act.
Illustration. A charitable trust that runs a school in Nanded has a question whether it falls within the Gurudwara exclusion. Its governing documents show that it is a separate trust, not the Nanded Gurudwara, and not governed by the 1956 Act; the exclusion in section 87(b) therefore does not apply, and the Act applies to the trust. Separately, where a real difficulty arises in giving effect to the Act, any remedy by the State Government must be an order published in the Official Gazette and not inconsistent with the Act.
Need help deciding whether the Act applies to an institution?
Whether an institution falls under this Act, a wakf law or a special Gurudwara law turns on its documents and its area. Our team can examine them and advise through legal consultation services.
Key takeaways
- The Act does not apply to those wakfs in certain areas of the State to which the Wakf Act, 1954 provisions have continued to apply.
- It does not apply to the Nanded Gurudwara, whose administration is governed by the Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956.
- The exclusion is not for all wakfs.
- The State Government may by Gazette order remove difficulties in giving effect to the Act, if not inconsistent with it.
- The older Acts are quoted as printed; check the law now in force.
Read next
- Section 1: short title, extent and application to public trusts
- Sections 85 and 86: repeal of the Religious Endowments Act and savings
- Section 58: contribution by public trusts to the Administration Fund
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.