[Cites 0, Cited by 0]

Bombay Presidency - Act

The Bombay Public Trusts (Corporations) Order, 1959.

BOMBAY PRESIDENCY
India

The Bombay Public Trusts (Corporations) Order, 1959.

Rule THE-BOMBAY-PUBLIC-TRUSTS-CORPORATIONS-ORDER-1959 of 1959

Published on 1 April 1959
Commenced on 1 April 1959
[This is the version of this document from 1 April 1959.]
[Note: The original publication document is not available and this content could not be verified.]

The Bombay Public Trusts (Corporations) Order, 1959.Published vide Notification Gazette of India, 1959, Part 2, Section 3(i), p. 449 (w.e.f. 1st April, 1959)G.S.R. 374, dated 28th March, 1959. - In exercise of the powers conferred by sub-section (1) of Section 4 of the Inter-State Corporations Act, 1957 (38 of 1957), the Central Government, after consulting the Governments of Bombay, Mysore and Rajasthan, approved with certain modifications, the scheme forwarded by the Government of Bombay relating to the reconstitution and reorganisation of the Charity Commissioner, a Corporation sole constituted under the Bombay Public Trusts, Act, 1950 (Bombay Act 29 of 1950) and now functioning in parts of the States of Bombay, Mysore and Rajasthan, and for the purpose of giving effect to the said scheme, the Central Government hereby makes the following Order, namely:-

1. Short title and commencement.

(1)This Order may be called the Bombay Public Trusts (Corporations) Order, 1959.

(2)It shall come into force on the 1st day of April, 1959.

2. Definitions.

(1)In this Order, unless the context otherwise requires,-

(a)"Abu area" means the Abu Road taluka of the Banaskantha district transferred from the former State of Bombay to the State of Rajasthan;

(b)"Act" means the Bombay Public Trusts Act, 1950 (Bombay Act 29 of 1950);

(c)"appointed day" means the date of commencement of this Order;

(d)"existing corporation" means the Charity Commissioner, a corporation sole constituted under the Act and functioning, immediately before the appointed day, in respect of those areas of the States of Bombay, Mysore and Rajasthan to which the Act extended;

(e)"former State of Bombay" means the territories which, immediately before the 1st November, 1960, were comprised in the State of Bombay;

(f)"Karnataka area" means the Bijapur, Dharwar and Kanara districts, and the Belgaum district except Chandgad taluka, transferred from the former State of Bombay to the State of Mysore;

(g)"new corporation "means the corporation constituted in respect of the Karnataka area.

(2)Words and expressions used, but not defined in this Order and defined in the Act shall have the meanings respectively assigned to them in the Act.

3. Reorganisation of the existing corporation and constitution of a new corporation.

- As from the appointed day, the existing corporation shall function in respect of the former State of Bombay excluding the Karnataka area and Abu area; and there shall be constituted a new corporation in respect of the Karnataka area.

4. Registration of public trust where trust property is situate wholly in one State or partly in one State and partly in another States.

(1)If the whole of the trust property in relation to a public trust which is duly registered under the Act before the appointed day, or deemed to be so registered, is immediately before that day,-

(a)situate in the State of Rajasthan, then the registration of such trust under the Act shall be deemed to be cancelled;

(b)situate in the State of Bombay or the State of Mysore, then the trust shall be deemed to be registered on that day without further inquiry, charge or fee in that State by the existing corporation or as the case may be, the new corporation, and the registration of such trust under the Act in any other State shall be deemed to be cancelled.

(2)If the trust property in relation to a public trust which is duly registered under the Act before the appointed day, or deemed to be so registered, is, immediately before that day, situate partly in one State and partly in any other State or States, then,-

(a)in respect of so much of the said property as is situate in the State of Rajasthan, the registration of such trust shall be deemed to be cancelled;

(b)in respect of so much of the said property as is situate in the State of Bombay or the State of Mysore, the trust shall be deemed to be so registered on that day without further inquiry, charge or fee in the State of Bombay or the State of Mysore as the case may be.

5. Payment from Public Trusts Administration Fund of the existing corporation to the new corporation and the Government of Rajasthan.

- From the balance standing to the credit of the Public Trusts Administration Fund on the 31st October, 1956, and struck after taking all liabilities up to that date, there shall be paid to the new corporation in respect of the Karnataka area and to the Government of Rajasthan in respect of the Abu area an amount equal in each case to the ratio which the income from all sources (including fees for registration, contribution made under Section 58 of the Act, Court fees, miscellaneous receipts) received in respect of each of those areas during the period between the establishment of the Public Trusts Administration Fund and 31st March, 1956, bears, respectively, to the total income from those sources credited lo that Fund during the said period.

6. Recovery of outstanding contributions and dues.

(1)The right to recover contributions and other dues payable before the appointed day in respect of any public trust, but not recovered, shall belong,-

(i)where the whole of the trust property is situate in one State after the appointed day, to the Government of Rajasthan in the case of property situate in the Abu area and to the Corporation having jurisdiction over the area within which such property is situate in other cases;

(ii)where the whole of the bust property is situate in more than one State after the appointed day, to the Government of Rajasthan or the Corporation having jurisdiction over the area according as the Public Trusts Registration Office in which the trust was registered is, on that day, situate in the Abu area or in any other area.

(2)If any such contributions or other dues payable in respect of any period between the 1st November, 1956, and the appointed day have been recovered by the existing corporation before the appointed day, they shall be paid to the Charity Commissioner, Mysore, or, as the case may be, the Government of Rajasthan to whom the right to recover such dues belongs under sub-paragraph (i).

7. Division of dead stock and other goods of the existing Corporation.

- The dead stock, articles and other goods in the Public Trusts Registration Offices belonging to the existing corporation shall, as from the appointed day, pass-

(a)in the case of the offices situate within the Abu area, to the Government of Rajasthan; and

(b)in the case of the offices situate within the Karnataka area, to the new corporation.

8. Apportionment of expenditure of the existing corporation from the 1st November, 1956.

- The expenditure incurred by the existing corporation, during the period between the 1st November, 1956, and the appointed day, in respect of any Public Trusts Registration Office situate in any area, which after the appointed day falls within the Abu area or tire Karnataka area shall be paid to the existing corporation.

9. Residuary provision.

- The benefit or burden or any asset or liability of the existing corporation not dealt with in the foregoing provisions, shall,-

(a)if the assets are situate, or the liabilities arise, in the Karnataka area, pass to the new corporation in respect of that area;

(b)if the assets are situate, or the liabilities arise, in the Abu area, pass to the Government of Rajasthan; and

(c)in any other case, continue to be the benefit or burden of the existing corporation,

subject to such financial adjustments as may be agreed upon between the States of Bombay, Mysore and Rajasthan before the 1st day of April, 1960, or in default of such agreement, as the Central Government may by order direct.

10. Special provision relating to certain proceedings pending before Charity Commissioner, etc.

(1)Such proceedings pending before the Charity Commissioner or any Deputy or Assistant Charity Commissioner, immediately before the appointed day, as are certified by the Charity Commissioner, Bombay, having regard to the situation of the property of the trust and other circumstances,-

(a)to be proceedings which ought to be disposed of by the Charity Commissioner for the Karnataka area or any Deputy or Assistant Charity Commissioner under him shall, as soon as may be, after such certification, be transferred to that Charity Commissioner for disposal;

(b)to be proceedings which are relatable to public trusts in the Abu area, shall abate.

(2)All other proceedings pending, immediately before the appointed day, before the Charity Commissioner or any Deputy or Assistant Charity Commissioner shall be continued and disposed of by the Charity Commissioner, Bombay or such Deputy or Assistant Charity Commissioner as he may direct.

11. Legal proceedings.

- Where immediately before the appointed day, the Charity Commissioner is a party to any legal proceedings in any Court or Tribunal in the State of Bombay, the State of Mysore or the State of Rajasthan, the Charity Commissioner, Bombay, the Charity Commissioner for Karnataka area or, as the case may be, the State of Rajasthan shall be deemed to be substituted after that day as a party to those proceedings, and any of them may be added as a party thereto, as the case may require, and the proceedings may continue accordingly.

12. Adaptations and modifications of the Act.

- As from the appointed day, the Act shall, until altered, repealed or amended by the competent Legislature of a State, have effect subject to the provisions of this Order and the adaptations and modifications directed by the Schedule annexed to this Order.The Schedule[See paragraph 12]The Bombay Public Trusts Act, 1950(Bombay Act 29 of 1950)Section 1. - In sub-section (2), for "the whole of the State of Bombay" substitute "the territories which immediately before the 1st November, 1956, were comprised in the State of Bombay except Abu Road taluka of Banaskantha district".New Section 2A. - After Section 2, insert-"2A. Construction of certain references in the Act in their application to that part of Mysore to which the Act extends. - In the application of this Act to that part of the State of Mysore to which it extends, any reference therein, by whatever form of words,-

(1)to the State or the State Government or High Court shall be construed as a reference to the State, the Government of High Court of Mysore;

(2)to a Civil Judge (Senior Division), the Mamlatdar of a taluka, or the Bombay Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1939 ( Bombay 12 of 1939) shall be construed as a reference to such officer or authority as may be specified in this behalf by the State Government of Mysore;

(3)to the Bombay District Municipal Act, 1901 (Bombay 3 of 1901), the Bombay Pleaders Act, 1920 (Bombay 17 of 1920), the Bombay Municipal Boroughs Act, 1925 (Bombay 18 of 1925), and the Bombay Village Panchayats Act, 1933 (Bombay 6 of 1933), shall be construed as a reference to the corresponding Act, if any, in force in that part of the State of Mysore to which this Act extends.".Section 3. - For "The State Government" substitute "Each of the state Governments of Bombay and Mysore" and for "throughout the State" substitute "throughout that part of the State to which this Act extends".Section 35. - For "a Part A State or a Part C State" substitute "any part of India".Section 43. - Renumber Section 43 as sub-section (1) thereof and-

(a)in sub-section (1) as so renumbered, for "tire State of Bombay" substitute "that part of the State of Bombay to which this Act extends";

(b)after that sub-section, insert-

"(2) Nothing in sub-section (1) shall apply to the Charity Commissioner appointed by the State Government of Mysore."Section 56B. - In sub-section (3), for "State of Bombay" substitute "territories to which this Act extends".Section 57 - (1) For sub-section (1), substitute-"(1) There shall be established a fund to be called the Public Trusts Administration Fund for each of the corporations constituted under this Act and the Fund shall vest in the Charity Commissioner, Bombay, or, as the case may be, the Charily Commissioner Mysore."

(2)In Clause (f) of sub-section (2) for "this Act" substitute "this Act or the Inter-State Corporations Act, 1957 (Central Act 38 of 1957)."

Legal Document View

Unlock Advanced Research with PRISMAI

Bombay Presidency - Act