Case Note & Summary
The petitioners, Dara H. Satpatiwala and Nevil M. Billimoria, are trustees of Pinnacle Global Foundation, a public charitable trust registered under the Maharashtra Public Trust Act, 1950, with its registered office in Pune. They filed Application No. 27 of 2022 before the Joint Charity Commissioner, Pune Region, under Section 36A(3A) of the Act, seeking directions regarding trust property located in Mumbai. The Joint Charity Commissioner rejected the application on 15 July 2022, holding that he lacked jurisdiction because the trust was registered in Pune and the property was in Mumbai. The petitioners challenged this order by way of a writ petition before the Bombay High Court. The High Court examined the provisions of Section 36A of the Act, which deals with alienation of trust property. Sub-section (1) requires the Charity Commissioner's permission for sale, mortgage, etc., of trust property. Sub-section (2) provides for an application for such permission. Sub-section (3A) empowers the Charity Commissioner to give directions regarding trust property in certain circumstances. The court noted that the jurisdictional bar under sub-section (3A) applies only to applications under sub-sections (1) and (2), not to applications for directions under sub-section (3A). The court held that the Joint Charity Commissioner has jurisdiction to entertain the application for directions irrespective of the location of the property. The court allowed the petition, set aside the impugned order, and directed the Joint Charity Commissioner to hear and decide the application on merits.
Headnote
A) Charity Law - Jurisdiction of Charity Commissioner - Section 36A(3A) Maharashtra Public Trust Act, 1950 - The Joint Charity Commissioner rejected an application filed by trustees for directions regarding trust property on the ground that the trust was registered in Pune region and the property was in Mumbai, hence he lacked jurisdiction. The High Court held that the jurisdictional bar under Section 36A(3A) applies only to applications under Section 36A(1) and (2) for permission to alienate trust property, not to applications for general directions regarding trust property. The Commissioner has jurisdiction to entertain such applications irrespective of the location of the property. (Paras 1-10)
Issue of Consideration
Whether the Joint Charity Commissioner has jurisdiction to entertain an application under Section 36A(3A) of the Maharashtra Public Trust Act, 1950, seeking directions regarding trust property, when the trust is registered in another region.
Final Decision
The High Court allowed the petition, set aside the order dated 15 July 2022 passed by the Joint Charity Commissioner, Pune Region, and directed the Joint Charity Commissioner to hear and decide Application No. 27 of 2022 on merits in accordance with law.
Law Points
- Jurisdiction of Charity Commissioner under Section 36A(3A) of Maharashtra Public Trust Act
- 1950
- Interpretation of statutory bar
- Scope of directions for trust property
