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(2) The Act was passed to regulate and to make better provision for the administration of public religious and charitable trusts in the State of Bombay. Chapter II of the Act sets up the establishment which consists of a Charity Commissioner and Deputy and Assistant Charity Commissioners. Chapter III deals with what are charitable purposes and it provides that public trusts will not be void on ground of uncertainty. Chapter TV deals with registration of public trusts. Chapter V deals with accounts and audit. Chapter VI deals with control and the control is to be exercised by a power of Inspection and supervision conferred upon the officers and also by reports to be made by the auditor and the explanation to be obtained from the trustees on the report of the auditor.

Undoubtedly the statute requires a fee to be paid for the registration of a trust. Merely because as a result of the provision making registration obligatory, a part of the funds of a trust, even if it is a religious trust, is likely to be used for purposes strictly other than the purposes of the trust, the provision cannot be regarded as infringing any fundamental right. A provision which enables a fee to be levied for providing a more effective control to be maintained on the management of the affairs of trust would in my view be regarded as a provision ministering to purposes of the trust, and therefore the fee paid must be regarded as a payment for purposes of the trust. Section 48 which contemplates the levy of administrative charges of the Charity Commissioner when that officer is appointed a trustee of any public trust; and Section 58 which imposes a liability to pay contribution for carrying into effect the provisions of the Act; and Section 56 which authorises the Court to direct the application 'cypres' to any other religious or charitable object if the Court is of opinion that it is not expedient, practicable, desirable or necessary in the public interest to give effect to the original intention of the author of the trust, or the object for which the public trust was created, are claimed to be void as interfering with the right to religious practice and profession by individuals, and also as interfering with the right of religious denominations to manage the matters of their religion.