Section 25AAA in Maharashtra Public Trust Rules, 1951
25AAA. [ Procedure for execution of the order passed under section 41F. [Inserted by Notification No. Bpt-1117/c.R. 59/Desk XV, dated 15.5.2019.]
(1)Every application to the Charity Commissioner under sub-section (1) of section 41 F shall set out concisely, the material facts about the breach of the order under any of the sections mentioned in Chapter VI of the Act and shall contain, inter alia, the following particulars, that is to say:-(a)the name, occupation and address of the applicant and the person who has committed breach of the order,(b)the name and description and number of the trust in respect of which the breach of order has been committed,(c)the nature of the applicantÂ’s interest in the trust,(d)the cause of action and the nature of relief sought for in the application,(e)the list of documents relied on.(2)The application shall be verified in the manner provided in sub-rule (3).(3)There shall be maintained in the office of the Charity Commissioner, a register of applications made to the Charity Commissioner under section 41 F in the form given in Schedule X-AC.(4)The Charity Commissioner shall then issue notice in the form given in Schedule X-AD to the person who is alleged to have committed breach of the order and upon hearing him, pass appropriate orders regarding attachment of his property and/or his arrest and detention in civil prison.(5)The Charity Commissioner may issue a certificate to the Collector of the District (by whatever name called) for attachment of the property of the person committing breach and the Collector shall proceed to attach the property and upon further directions of the Charity Commissioner, sell it and remit the sale proceeds to the Charity Commissioner.(6)The Charity Commissioner shall then pass suitable orders regarding the sale proceeds so remitted by the Collector in accordance with the provisions in section 41 F of the Act.(7)The Rule prescribed in the Code of Civil Procedure, 1908 for arrest and detention of a judgment debtor in civil prison shall apply for arrest and detention of the person who has committed breach of the Rule.(8)The State Government may notify the civil prison in every District where the office of the Assistant Charity Commissioner or Deputy Charity Commissioner is situated.]
