GPTA 84 — Rules

Gujarat Public Trusts Act (Bombay Public Trusts 1950 as amended), 2011

Statutory text

(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Act (2) In particular and without prejudice to the generality of the foregoing provision such rules may be made for all or any of the following matters, namely: —

(a) the manner of publishing the notification under sub-section (4) of section 1; [(aa) the qualifications of the Director, and Assistant Directors, of Accounts appointed under section 6;]

(b) the powers, duties and functions of the officers other than the Charity Commissioner, Deputy and Assistant Charity Commissioners appointed under this Act in addition to those provided for in this Act;

(c) the powers, duties and functions of assessors in addition to those provided for in this Act;

(d) the limits of regions and sub-regions to be prescribed under subsection (1) of section 14;

(e) the books, indices and registers to be kept and maintained in a Public Trust Registration Office, and the particulars to be entered in such books, indices and registers under section 17; Rules.

(f) the form in which an application for the registration of a public trust is to be made and the fee to be paid for the same, the other particulars to be entered therein and the manner in which an application for such registration to be signed and verified and the value and kind of trust property in respect of which it shall not be necessary to give particulars under section 18;

(g) the manner in which an inquiry has to be made by the Deputy or Assistant Charity Commissioner under sections 19 and 39;

(h) the form in which the [trustee] has to make a report regarding the change under section 22;

(i) the book in which the Deputy or Assistant Charity Commissioner shall make an entry under section 23;

[(j) the form of memorandum to be sent by trustees and Deputy and Assistant Charity Commissioners for registration [and the manner in which the memorandum shall be signed and verified;]

(k) the particulars to be entered in the accounts under sub-section (2) of section 32 and the fee to be paid for special audit under section 33;

(l) the manner of notifying contents of the will under section 46;

(m) the administrative charges to be levied under sub-section (1) of section 48; [(m1) the manner of making an application under sub-section (1) of section 50A;]

(n) the form of account to be submitted under sub-section (2), and the manner of passing order under sub-section (3). of section 54;

(o) the time within which trustees may apply to the court for directions under sub-section (1) of section 55; [(o1) the conditions and restrictions subject to which the committee shall deal with property under sub-section (2) of section 56E; (o2) The honorarium or fees and allowances to be paid to chairman, trea surer and members of a committee under sub-section (2) of section 56I and the fund out of which such honorarium, or fees and allowances shall be paid; (o3) the interval at which a committee shall meet and the procedure it shall follow under section S6J; (o4) the terms and conditions as to service on which secretaries and officers of a committee are appointed under section S6M and the fund out of which their salary and allowances shall be paid;]

(p) the date on which and the manner in which and the amount of contribution which every public trust shall pay annually under section 58 and the manner in which the custody and investment of, and the disbursement and payment from, such fund shall be made under section 60; [(pi) exemption of any public trust or class of public trusts under subsection (2) of section 58 and the conditions of exemption;]

(q) the date on which the Deputy or Assistant Charity Commissioner shall prepare a list of assessors under sub-section (1) and the persons who may be exempted to serve as assessors under sub-section (2) of section 62;

(r) the allowances to be paid to assessors under sub-section (5) of section 65;

(s) the other powers, duties and functions to be exercised and performed by a Deputy or Assistant Charity Commissioner under section 68;

(t) the other powers, duties and functions to be exercised and performed by the Charity Commissioner under section 69;

(u) the form of appeal and the fee to be paid for filing such appeal under section 71;

(v) the custody and investment of the money to be credited to the Public Trusts Administration Fund and the disbursement and payment therefrom;

(w) any other matter which is to be or may be prescribed under this Act.

(3) All rules made under this section shall be subject to the condition of previous publication.

[(4) All rules made under this Act shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made, and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following. The modifications so made shall be published in the Official Gazette and shall take effect on and from the date of their publication.]

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