(1)No institution being an institution covered under clause (15) of section 2 shall function as a public trust or derive any benefit as such under this Act or under any other law for the time being in force unless it is registered with the Charity Commissioner under the provisions of this Act.(2)It shall be the duty of the trustees of a public trust to make an application for the registration of the public trust.(3)Such application shall be made to the Deputy or Assistant Charity Commissioner of the region or sub-region within the jurisdiction of which the trustee has ail office for the administration of the trust or, as the case may be, the trust property, or substantial portion of the trust property is situated.(4)Such application shall be in writing and shall be in such form and accompanied by such fees as may be prescribed.(5)Such application shall be made within three months of its creation.(6)Such application shall inter alia contain the following particulars:(i)the designation by which the public trust is or shall be known (hereinafter referred to as "the name of the public trust"),(ii)the names and addresses of the trustees and the managers,(iii)the mode of succession to the office of the trustees,(iv)the list of the movable and immovable trust property and such descriptions and particulars as may be sufficient for the identification thereof,(v)the approximate value of the movable property,(vi)the approximate value of the immovable property determined on the basis of the certificate of the approved valuer and the value shown in the jantri issued by the revenue authorities along with a declaration concerning the mode of acquisition of and the burden over such property,(vii)the estimated gross annual income of the public trust,(viii)the estimated gross annual expenditure of the public trust,(ix)the address to which any communication to trustee or manager in connection with the public trust may be sent,(x)the declaration whether any amount by way of contribution, donation or the like is expected by the trust from any place outside the State of Gujarat or India;(xi)such other particulars as may be prescribed:Provided that the rules may provide that in the case of all or any of the public trusts it shall not be necessary to give the particulars of the trust property of such value and such kind as may be specified therein.(7)Every application made under sub-section (1) shall be signed and verified in the prescribed manner by the trustee specially authorized in this behalf by the trust. It shall be accompanied by a copy of an instrument of trust.(8)Where on receipt of such application, it is noticed that the application is incomplete in any particulars, or does not disclose full particulars of the public trust, the Deputy or Assistant Charity Commissioner may return the application to the trustee, and direct the trustee to complete the application in all particulars or disclose therein the full particulars of the trust, and resubmit it within the period specified in such direction; and it shall be the duty of the trustees to comply with the direction.(9)(i)It shall also be the duty of the trustee of the public trust to send a Memorandum in the prescribed form containing the particulars, including the name and description of the public trust, relating to the immovable property of such public trust, to the Sub-Registrar of the subdistrict appointed under the Registration Act, 1908,(XVI of 1908.) in which such immovable property is situate.(ii)Such Memorandum shall be sent within three months from the date of creation of the public trust and shall be signed and verified in the prescribed manner by the trustee or his agent specially authorised by him in this behalf.
