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State of Maharashtra - Section

Section 7A in Maharashtra Public Trust Rules, 1951

7A. [ Public notice before making certain inquiries. [Substituted by Notification No. 13337/P, dated 2nd June 1972.]

(1)When on application or otherwise, any inquiry is to be made for purposes of sections 19, 22, 22A, 28 or 29 as to whether a public trust exists or whether any property belongs to a public trust, the Deputy or Assistant Charity Commissioner shall, subject to the provisions of this rule, give public notice of such inquiry as provided in sub-rule (3) by calling upon all persons concerned to submit their objections, if any, to him.
(2)
(a)When any such inquiry is initiated on application, the Deputy or Assistant Charity Commissioner shall, by order in writing,-
(i)call upon the applicant to pay the estimated cost of giving such public notice within a specified time, regard being had to the mode of issuing such public notice; or
(ii)when publication of such notice by an advertisement in one or more local newspapers is ordered in addition to other modes of publication, allow the applicant to publish at his own cost the public notice prepared by the Deputy or Assistant Charity Commissioner in the newspapers approved by the said officer within a specified time.
(b)Notwithstanding anything contained in clause (a) the Deputy or Assistant Charity Commissioner may by order in writing exempt the applicant from payment of the whole or part of the cost of issuing such public notice, if he is satisfied that the applicant is not in a position to bear such cost, regard being had to the capacity of the trust to pay the financial position of the applicant or the nature of his interest in the matter.
(c)When the applicant fails to pay the estimated costs of giving such public notice within the specified time without reasonable excuse, or where the applicant is so exempted from depositing or meeting the cost of issuing such public notice or when the inquiry is made by the Deputy or Assistant Charity Commissioner on his own motion, the Deputy or Assistant Charity Commissioner shall direct the cost to be initially met from the Public Trusts Administration Fund and then while making the final order shall pass appropriate orders as to its reimbursement or otherwise from the property of the trust or any party to the proceedings as he may deem fit.
(d)Failure on the part of the applicant to deposit or pay estimated or actual cost of giving such public notice within the specified time, or to publish it as an advertisement in the newspapers at his own cost within the specified time, as required by this sub-rule, shall amount to a contravention of the provisions of this rule for the purposes of section 67.
(3)The Deputy or Assistant Charity Commissioner [shall give or cause to be given public notice] of such inquiry
(a)either by advertisement in one or more local newspapers [having wide circulation in the region] [Inserted by Notification No. 1075/527/106/VI, dated 22nd January, 1976.] or by beat of drums or any other method considered by him to be adequate in the circumstances of any case, regard being had to the value of the property involved and the capacity of the trust to bear the cost of advertisement in a newspaper, and
(b)by affixing a copy of such [or by publication of such notice on the Official Website of the Charity Commissioner] [Inserted by Notification No. BPT-1117/C.R. 59/Desk XV, dated 15.5.2019.], and also on some conspicuous part of the property involved, if any, and
(c)by issuing a notice to the person in occupation or possession of such property.
(4)No objection submitted under sub-rule (1) shall ordinarily be considered, unless it is submitted within thirty days from the date of publication of the notice which is the last in point of time.]