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State of Gujarat - Section

Section 2 in Gujarat Public Trusts Act, 2011

2. Definitions.

- In this Act, unless the context otherwise requires,, -
(1)"Assistant Charity Commissioner" means the Assistant Charity Commissioner appointed under section 6;
(2)"Charity Commissioner" means the Charity Commissioner appointed under section 3;
(3)"Court" means in the City of Ahmedabad, the City Civil Court and elsewhere the District Court;
(4)"Deputy Charity Commissioner" means the Deputy Charity Commissioner appointed under section 6;
(5)"Director of Accounts" and "Assistant Director of Accounts" mean respectively the Director of Accounts and Assistant Director of Accounts appointed under section 7;
(6)"Hindu" includes Jain, Buddhist and Sikh;
(7)"Inspector" means an Inspector appointed under section 7;
(8)"instrument of trust" means the instrument by which the trust is created by the author of the trust and includes any scheme framed by a competent authority or any Memorandum of Association and rules and regulations of a society registered under the Societies Registration Act, 1860, in its application lo the Stale of Gujarat;
(9)"Joint Charity Commissioner" means the Joint Charity Commissioner appointed under section 4;
(10)"manager" means any person (other than a trustee) who, for the time being, either alone or in association with some other person or persons administers the trust property of any public trust and includes -
(a)in the case of a math, the head of such math,
(b)in the case of a society registered under the Societies Registration Act, 1860, its governing body, whether or not the property of the society is vested in trustees;
(11)"math" means an Institution for tine promotion of the Hindu religion presided over by a person whose duty is to engage himself in imparting religious instructions or rendering spiritual service to a body of disciples or who exercises or claims to exercise headship over such a body and includes places of religious worship or instruction which are appurtenant to the institution;
(12)"person having interest" includes-
(a)in the case of a temple, a person who is entitled to attend at or is in the habit of attending the performance of worship or service in the temple or who is entitled to partake or is in the habit of partaking in the distribution of gifts thereof,
(b)in the case of a math, a disciple of the math or a person of the religious persuasion to which the math belongs,
(c)in the case of a society registered under the Societies Registration Act, 1860,(XXI of 1860.) any member of such society,
(d)in the case of a trust or a society established for educational or medical purposes or both, any resident of the area where such trust is registered or where such trust or society carries on its activities,
(e)in the case of any other public trust, any trustee or beneficiary;
(13)"prescribed" means prescribed by rules;
(14)"public securities" means -
(a)securities of the Central Government or any State Government,
(b)stocks, debentures or shares in Railway or other companies, the interest or dividend on which has been guaranteed by the Central Government or any State Government,
(c)debentures or other securities for money issued by or on behalf of any local authority in exercise of the powers conferred by an Act of the Central or the State Legislature;
(15)"public trust" means an express or constructive trust for either a public religious or charitable purpose or both and includes a temple, a math, a church, synagogue, agiary or other place of public religious worship, a dharmada or any other religious or charitable endowment and a society formed either for a religious or charitable purpose or for both and registered under the Societies Registration Act, 1860.Explanation. - A public trust established by a person professing Islam, which does not fall within the definition of "wakf" under the Wakf Act, 1995 shall be considered as such for the purpose of this Act;
(16)"region" or "sub-region" means the areas designated as such and for which a Public Trusts Registration Office has been established under this Act;
(17)"rules" means rules made under this Act;
(18)"temple" means a place by whatever designation known and used as a place of public religious worship and dedicated to or for the benefit of or used as of right by the Hindu Community or any section thereof as a place of public religious worship;
(19)"tribunal" means the Gujarat Public Trusts Tribunal constituted under section 96;
(20)"trustee" means a person in whom either alone or in association with other persons, the trust property is vested and includes a manager;
(21)words and expressions used but not defined in this Act and defined in the Indian Trusts Act, 1882, shall have the meaning assigned to them in that Act.