Government of Maharashtra has issued draft Bombay Public Trusts (* Amendment) Rules, 2018 further amending the Maharashtra Public Trusts Act, 1950.Vide this amendment-
· New rule 5A has been inserted which relates to digitization of trust records.
a) All the exiting trusts records in all the offices under the control of the Charity Commissioner, Maharashtra State shall be converted into electronic record. All the entries in the Schedule-I of the record of every trust registered after the commencement of the Bombay Public Trusts (*Amendment) Rules, 2018 shall be made electronically within 7 days of its registration under the Maharashtra Public Trusts Act and the concerned Assistant or Deputy Charity Commissioner shall be responsible for making such compliance.
b) Trustees may submit change reports, applications for registration of trusts under the Maharashtra Public Trusts Act, 1950 and applications for seeking permission of collecting donations under section 41C of the said Act online on the Official Website of the Charity Commissioner. The procedure shall be specified for taking cognizance of such online applications and may also make necessary modifications in the said procedure. The procedure and the modification thereof shall be published on the Official Website of the Charity Commissioner.
· New sub-rule (2A) shall be inserted in rule 13 which reads as-Change Report in the form of Schedule-III shall be accompanied by the following documents-
a) Copy of notice or agenda of the meeting of the trustees for the proposed change.
b) Copy of resolution passed by the board of trustees proposing the change.
c) In case of sole trustee, the letter of addition or deletion signed by the said sole trustee.
d) Consent letters of incoming trustees with their details (i.e. full address, identity proof, mobile number, phone number, email address etc.).
e) Affidavit as contemplated in sub-rule (4) of rule 6 of the outgoing trustees.
f) Trust Deed, Constitution and Scheme of the Trust.
g) Any other document deemed necessary by the Charity Commissioner, as declared by order published in the Official Gazette and on the Official Website of the Charity Commissioner.
· New Schedule IX-D shall be inserted which reads as Information to be submitted by the Auditor along with Audit Report under sub-section (1) of section 34 of Maharashtra Public Trusts Act.
Any objection or suggestions which may be sent to the Principal Secretary and Remembrancer of Legal Affairs to the Government of Maharashtra, Law and Judiciary Department, Mantralaya, Mumbai 400 032, before June 30, 2018.
[No. BPT-1117/C.R. 59/Desk XV]