Registration of Public Charitable Trust, Trust Registration in India 2017
Registration of Public Charitable Trust, Trust Registration in India 2017: The application for registration should be made to the official having jurisdiction over the region in which the trust is sought to be registered. In states or Union Territories where there is no Trusts Act, the general principles of the Indian.
Registration of Public Charitable Trust, Trust Registration in IndiaWhile states like Maharashtra and Gujarat have a Charity Commissioner much of North and North-East India does not have a Charity Commissioner. The Maharashtra Public Trusts Act, 1950 is applicable only in the states of Maharashtra and Gujarat. Rajasthan, Gujarat and Tamil Nadu have their own Trust Acts. Most charities have to be registered as a Charitable Trust. Only the state of Maharashtra has a Charity Commissioner and a Charity Administration Fund helps support the office of the charity commissioner in the state. A Public Charitable Trust can be legally created by executing a 'Trust Deed' on stamp paper and obtaining the signatures of all the 'Settlors/Founders' and the 'Trustees'. This legal document is then registered with the Sub-Registrar's Office. After this, the trust may proceed to obtain tax exemptions with the Income Tax authorities. Procedure for Registration of Public Charitable Trust – Section 18 of the Maharashtra Public Trust Act, 1950. The application for registration of a public charitable trust should be submitted (under Section 18 of the Bombay Public Trusts Act, 1950) to the deputy/assistant Charity Commissioner having jurisdiction over the region / sub region within the limits of which the trustee has an office for the administration of the trust or the trust property or substantial portion of the trust property is situated, as the case may be.
- Affidavit which must be sworn (by the trustees making the application) before a notary and executed on non-judicial stamp paper of Rs 10/- .
- Consent letter, which may be prepared on an ordinary sheet of paper and signed by the trustee/s other than the trustee making the application.
- Whether a trust exists and whether such trust is a public trust;
- Whether any property is the property of such trust;
- Whether the whole or any substantial portion of the subject matter of the trust is situated within his jurisdiction;
- The names and addresses of the trustees and managers of such trust; 26
- The mode of succession to the office of the trustee of such trust;
- The amount of gross average annual income and expenditure of such trust;
- Any other particulars as may be prescribed under sub-section (5) of section 18.
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