Trusts & Societies in Maharashtra required to contribute to the new ‘Epidemic Disease Relief Fund & Disaster Relief Fund’

The Maharashtra State Government in exercise of the powers conferred by clause 213(1) of the Constitution of India shall promulgate the Maharashtra Public Trust (Amendment) Ordinance, 2020.

A New Fund

Chapter VIII of the Maharashtra Public Trust Act 1950 which is currently titled “Public Trusts Administration Fund” shall now be read as: “Public Trusts Administration Fund and Epidemic Disease Relief Fund & Disaster Relief Fund”.

Existing Fund

Currently under Section 57 of the Maharashtra Public Trust Act 1950, there is a fund called the ‘Public Trusts Administration Fund’. This Fund vests in the office of the Charity Commissioner and comprises fees (for registration etc.), contributions charged by the Charity Commissioner under section 58 (on which currently there is a stay granted by the Mumbai High Court), fines, penalties levied etc.

New Section 57A

Under the ordinance a new Section 57A shall be inserted in order to enable the establishment of  a separate “Epidemic Disease Relief Fund & Disaster Relief Fund” in the event of invoking provisions of the Epidemic Disease Act, 1897, upon outbreak of any dangerous epidemic disease or occurrence of any disaster as contemplated in Section 2(d) of the Disaster Management Act, 2005 in the State.

Contribution to the new fund

This new “Epidemic Disease Relief Fund & Disaster Relief Fund” shall vest in the office of the Charity Commissioner and all Public Charitable Trusts (except those exempted by the State Government by a General or Special Order) shall contribute a per centage of their Gross Annual Income as prescribed.

Under Section 84 of the Maharashtra Public Trust Act 1950 the State Government shall make Rules for the purpose of carrying into effect the provisions of this Amendment Act.