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Showing contexts for: working trustee in Jagannath And Ors. vs Satya Narain And Ors. on 4 September, 1972Matching Fragments
The term 'trustee' means a person In whom either alone or in association with other persons the trust property is vested and includes a manager.
The term 'working trustee' means any person 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 the manager of a public trust as well as (a) in the case of a math, the head of such math, and (b) in the case of a public trust having its principal office or principal place of business outside the State of Rajasthan, the person in charge of the management of the property and administration of the public trust in that State.
Chapter II deals with validity of certain public trusts. Chapter III is about appointment of officers and servants. Chapter IV is about establishment and functions of Board and Committees.
These Chapters, as already noticed, came into force at once when the Act became operative.
Chapter V is about registration of public trusts. Section 16 thereof provides that the Assistant Commissioner shall be incharge of the registration of all public trusts. Section 17 casts a duty on the working trustees to apply for registration of a public trust within two years from the date qf the application of this section to a public trust or from the date on which a public trust is created, whichever is later. Here I may also refer to Section 70 of the Act which lays down a penalty. It provides that whoever contravenes any provision of Sub-section (1) of Section 17 shall be punished with fine which may extend to five hundred rupees.
14. Then the next leg of the argument was that the only bar was against the hearing or deciding the suit, but nevertheless the suit could be filed and was entertainable. In the circumstances, learned counsel argued, that the District Judge was right in leaving issue No. 7 alone and refusing to deal with it as it was unnecessary for the right disposal of the case,
15. The underlying intention of the Legislature has to be gathered from the scheme of the Act and from the language employed in Section 29 thereof. As the preamble of the Act suggests, the Act was designed to regulate and to make better provision for the administration of public religious and charitable trusts in the State. Registration of public trusts would be necessary for their proper administration. By registration the authorities of the State would be put In know of such trusts and they would be in a position to exercise effective control over them and without such registration it may very well be that the au-thorities may remain ignorant of such trusts. In this context Section 17 has to be viewed by reading it with Section 70. It has been made incumbent on the working trustees to make an application for the registration of the public trusts within the specified time on. the pain of punishment.