Case Note & Summary
The case concerned the applicability of the Bombay Public Trusts Act, 1950 to a branch Math of the Shringeri Math situated at Nasik. The Assistant Charity Commissioner, Bombay, held an enquiry under section 19 of the Act and concluded that the Nasik branch was a public trust liable to registration under section 18. The Charity Commissioner confirmed this finding in appeal, and an application under section 72 to the District Judge was rejected on the ground that the institution was a place of religious worship within section 2(9). The High Court, however, allowed an appeal and set aside the order of the Assistant Charity Commissioner, holding that the Nasik Math did not satisfy the definition of 'Math' under section 2(9). On further appeal to the Supreme Court by certificate, the Court examined the definitions in sections 2(9) and 2(13) of the Act. The High Court had recorded factual findings that in the Nasik Math, no religious instructions were imparted, no spiritual service was rendered to any body of disciples, and no member of the general public was allowed to enter the place of worship without permission, even though worship was conducted by Pujaris according to Vedic usage. Accepting these findings, the Supreme Court held that the institution could not be considered a real Math or temple within the meaning of section 2(9), and therefore it was not a public trust liable to registration. The Court also laid down that for a trust comprising a principal Math and subordinate branch Maths, the situs of the trust is determined by the situs of the principal Math; consequently, since the principal Shringeri Math was in the State of Mysore, the Bombay Public Trusts Act did not apply to the Nasik branch. The Court affirmed the High Court's decision and dismissed the appeal, concluding that the Nasik Math was not registerable under the Act.
Headnote
A) Bombay Public Trusts Act, 1950 - Definition of 'Math' (Section 2(9)) - Requirement of Religious Instruction and Public Worship - The Nasik branch of Shringeri Math did not impart religious instructions or render any spiritual service to disciples, and no member of the public was allowed to enter the place of worship without permission although worship was carried on by Pujaris according to Vedic usage - Held that in view of these findings, the Nasik Math could not be considered a real Math or temple within the definition of section 2(9) of the Act (Paras 665 B-D). B) Bombay Public Trusts Act, 1950 - Applicability of Act to Branch Math - Determination of Situs of Trust - Where a trust consists of a principal Math and subordinate Maths, the situs of the principal Math, not the branch, determines the applicability of the Act - Held that the situs of the principal Shringeri Math in the State of Mysore determined that the Act did not apply to the Nasik branch situated in Bombay (Paras 665 B).
Issue of Consideration
Whether the Nasik branch of Shringeri Math is a 'Math' or 'public trust' within the Bombay Public Trusts Act, 1950 and liable to registration
Final Decision
The Supreme Court affirmed the High Court's decision, holding that the Nasik Math was not a Math or public trust within the Bombay Public Trusts Act, 1950 and was not liable to registration. The appeal was dismissed.
Law Points
- Definition of 'Math' requires religious instruction and spiritual service to disciples
- public access to place of worship
- situs of trust for applicability of Act determined by situs of principal Math
