(१)

L. A. BILL No. XXV OF 2025.

A BILL

further to amend the Maharashtra Public Trusts Act.

WHEREAS it is expedient further to amend the Maharashtra Public

Trusts Act, for the purposes hereinafter appearing ; it is hereby enacted in the

Seventy-sixth Year of the Republic of India as follows :–

1. This Act may be called the Maharashtra Public Trusts (Amendment)

Act, 2025.

XXIX of

1950.

Short title.

RNI No. MAHBIL /2009/40123

महाारााष्ट्र� शाासन रााजपत्र

असाधाारण भााग पाच-अ

वर्षष ११, अंक ६]

गुरुवार, मार्चच २०, २०२५/फााल्गुन २९, शकेे १९४६

[ पृष्ठेे 3, किं�ंमत : रुपयेे ३६.००

असाधाारण क्रमांं�क ८

प्रााधि�कृृत प्रकााशन

महाारााष्ट्र वि�धाानसभेत व महाारााष्ट्र वि�धाानपरि�षषदेेत सादर केलेेली वि�धेेयकेे (इंंग्रजी अनुवाद(.

MAHARASHTRA LEGISLATURE SECRETARIAT

The following Bill was introduced in the Maharashtra Legislative Assembly on the 20th March,

2025 is published under Rule 117 of the Maharashtra Legislative Assembly Rules :—

भााग पााच-अ-८-अ-१

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महाारााष्ट्र शाासन रााजपत्र असाधाारण भााग पाच-अ, मार्चच २०, २०२५/फााल्गुन २९, शकेे १९४६

2. In section 41AA of the Maharashtra Public Trusts Act (hereinafter

referred to as “the principal Act”), in sub- section (4), in clause (a), after

sub-clause (iv), the following sub-clauses shall be added, namely:-

“(v) has been given exemption from payment of annual contribution

to the Public Trusts Administration Fund, by the State Government under

section 58;

(vi) has been given any concession or exemption or relaxation in

payment of electricity charges, water charges, municipal or local body

taxes or any other monetary concession or exemption or relaxation by the

State Government, the Central Government or their undertakings or any

local authority ; ” .

3. In section 58 of the principal Act, in sub-section (2), after the

words “exclusively for the purpose of relief of distress caused by scarcity,

drought, flood, fire or other natural calamity,” the following shall be inserted,

namely:–

“or the public trusts which maintains a hospital (including any nursing

home or maternity home), dispensary or any other centre for medical relief,

referred to as the “medical centre” in section 41AA, and whose annual

expenditure exceeds five lakhs of rupees, or such other limit as the State

Government may, from time to time, by notification published in the

Official Gazette specify, ” .

Amendment

of section

41AA of XXIX

of 1950.

Amendment

of section 58

of XXIX of

1950.

XXIX of

1950.

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STATEMENT OF OBJECTS AND REASONS

The Maharashtra Public Trusts Act (XXIX of 1950) is enacted to regulate

and make provisions for the administration of public, religious and charitable

trusts in the State of Maharashtra.

2. Section 41AA of the said Act empowers the Charity Commissioner and

the State Government to issue directions to the State—aided public trusts whose

annual expenditure exceeds rupees five lakhs, to reserve and earmark ten per

cent. of the total number of operational beds free of cost for indigent patients,

and to reserve and earmark ten per cent. of the total number of operational

beds at concessional rates for patients from weaker sections of the society. The

Hon’ble High Court of Bombay has, for the purposes of section 41AA, approved

the ‘Scheme for free and concessional medical treatment to indigent patients

and weaker section patients’, in Writ Petition (PIL) No. 3132/2004.

3. Many public trusts have received from the State Government or the

Central Government or any local or competent authority, a grant of land or

building either on ownership basis or on lease or leave and licence, at a nominal

or concessional rate; or an exemption or permission to continue to hold any

vacant land under the Urban Land (Ceiling and Regulation) Act, 1976; or a

concession or exemption or relaxation from the Development Control Rules; or

a loan or guarantee or grant-in-aid whether recurring or non-recurring or other

financial assistance, by virtue of which they are the “ State-aided public trusts”.

4. Section 58 of the said Act mandates every public trust to pay to the

Public Trust Administration Fund such annual contribution at a rate or rates

not exceeding five per cent. of the gross annual income, as may be notified, from

time to time, by the State Government by an order published in the Official

Gazette. But, the State Government has, in exercise of the powers conferred

by sub-section (2) of section 58, already exempted majority of public trusts

which are for the purposes of medical relief, from payment of such an annual

contribution. However, this aid in the form of exemption is not included in

clause (a) of sub-section (4) of section 41AA.

5. The Government, therefore, considers it necessary to recognize and treat

receipt of an exemption by the public trusts from payment of annual contribution

to the Pulic Trusts Administration Fund, to be a State aid to them.

6. The Government, therefore, considers it expedient to amend clause

(a) of sub-section (4) of section 41AA so as to include therein any exemption

granted to the public trusts from payment of annual contribution, as mandated

by section 58 of the Act.

It is also proposed to amend sub-section (2) of section 58 of the Maharashtra

Public Trusts Act, suitably.

7. The Bill seeks to achieve the above objectives.

Mumbai,

DEVENDRA FADNAVIS,

Dated the 19th March, 2025.

Chief Minister.

Vidhan Bhavan :

JITENDRA BHOLE,

Mumbai,

Secretary (1) (I/C).

Dated the 20th March, 2025.

Maharashtra Legislative Assembly.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,

RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,

MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,

21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.

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