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karnav shah (Executive MBA (Criminology) MBA (Finance) Doctorate (Management))     16 June 2011

Which act is Applicable for Public Charitable Trust in Gujarat


I am setting up Trust in GUJARAT State base in Surat and ahmedabad, primary location will be SURAT.

I am not sure which specific ACT is applicable for the purpose of registration of this trust?

This is Public charitable trust with number of non profit objective. We have sign Trust DEED.

Now i have heard some new or basic amendments have been done in MPT ACT to make it more look like a Gujarat PT Act? 


How If I consider Indian Trust Act 1882? for finance and other matter is there any other law that i might need to consider?


I am setting up Trust for the first time and not familar with trust law procedure for gujarat so your inputs would be much appreciated.


If I am ready with trust deed but have not submit for registration as i am not well informed that where could i sent it for the registration?

and I do not have bank account for the name of Trust, then in case if i have someone ready to give me donation how would i accept?


For the ta relief to donor, what other law, act or procedure i shall follow?


P.S. here is a link of the TRUST -


 11 Replies

prabhakar singh (advocate)     17 June 2011

So as you say you are going to create"Public charitable trust with number of non profit objective. "

It would be interesting to know that registration is not must unless it involves endowment of some immovable proprty.BUT IT IS ALWAYS DESIRABLE TO GET IT REGISTERED.


The following type of registration may be attracted,depending upon case to case and need basis:Registration under REGISTRATION ACT, REGISTRATION UNDER PUBLIC TRUST ACT,Registration under societies Registration Act,Registration under Indian comapanies Act,Registration underthe Foreign contribution Regulation Act.And to have certain benifits provided by the Income Tax,all trust should get registered undr Income Tax Act too.

i hope it will serve your purpose.As you say you are new, i advise you to buy a practical hand book relating to trust law which would be available to you on any law books shop.

karnav shah (Executive MBA (Criminology) MBA (Finance) Doctorate (Management))     17 June 2011


If i register this trust which is public (included religious by default) then where shall i send trust deed for registration?


there may be number of law but which one is MUST for gujarat? i have book but it again left me with questions to what registration i shall go as there is no provision for the speicifc one.


if i wish to take donation i must register as i can not open an bank account until i have a trust registered.


can you helm me there?



Vinodkumar Tailor (adviser)     19 June 2011

in Gujrat Bombay Public  Trust Act 1952 is applicable to Public Cherity Trust Act. You have to apply for registration of Trust to Assistant Cherity Commissioner Surat region, Its address is Office of the assistant Cherity Commissioner Athugar Moholla, Nr. Central Bank of Indoa Regional Office Nanpura surat. 

Vinodkumar N. Tailor M.Com. LLB.

Vinodkumar Tailor (adviser)     19 June 2011

Dr. Karnav Shah,

                               You just contact Assi. Cherity Commissioner Office and collect one Registration form. go through this application form . and ready some document which is to be submited with aoolication . There is some fees you have to paid . application along with document submited to Ass. Cherity Com. office.

Vinodkumar N. Tailor

                            M. Co, LLB.


DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     27 July 2011

Yes mr Tailor has advised properly , no of acts and laws suggested by all others are not applicable to you. Just get an advocate dealing with trust matters who will prepare all documents and submit to charity commissioner of your area if you want public trust.


For private trust simple document with registration with Asst registrar is sufficient.

karnav shah (Executive MBA (Criminology) MBA (Finance) Doctorate (Management))     05 March 2013

ACC is delaying trust registration with no reason and to extent lack of GK. We tried our best and even RTI is not responded properly so as a part of remedy we are now  referring issue to Gujarat Vigilance Commission, Do you think of any other better IDEA?

Hiteshkumar Joshi (job working as General /manager H R )     27 August 2013

Dear Sir

We are going to register our Trust in Gujarat at Rajkot  to construct temple and making family trust  in this regards can you please guide us which type of registration will be better whether A ? E ? or F?

Please guide



Thanking You

Hiteshkumar Joshi

karnav shah (Executive MBA (Criminology) MBA (Finance) Doctorate (Management))     28 August 2013



The BPT Act that is Bombay Public charitable Trust Act Applies in this regard. The process is very easy and simple.

If something is tricky then Assi. Cherity Commissioner or a personal who is responsible for the disposable of your application.

With some strict step, we have been able to get our registration. I guess you shall not face any issue as long as you remain dynamic. Just make it sure, you get all the records of your transaction with trust office and be clear with the time line they take to process your application.

RTI is most imp tool you shall be ease with. They may tell you that it takes a long time to process your file since many are already pending then, you must understand that, it is their headache and you have constitutional right to set up a trust and Assi. Cherity Commissioner does not have such power to cancel as long as your trust is legal.


you may call +91 91734 38299 in case if you require any assistance. 

Aakruti (Proprietor)     13 November 2013

Hello Dr.Karnav Shah

I applied for a registration of trust cum society on 30.08.2012 and repeatedly kept enquiring about the status of my application. First they kept delaying and later they told that they couldn't find the file and have lost the entire set of it and when we got questioned them they started shouting on us instead of apologizing or even saying that it was their mistake that they lost entire file!

We complained at Gandhinagar and meanwhile we made a new file and submitted it on 13.06.2013. They told us to repay the charges of application which they will refund later. But now they say that since we have complained, they won't make progress of our application and are not responding to us at all.

Please tell me what should I do?

If you have filed RTI, can you send me Addressee details and format for it?


Awaiting a quick reply.


karnav shah (Executive MBA (Criminology) MBA (Finance) Doctorate (Management))     14 November 2013


You must be firm and well learned before you come in contact with Charity Office and it is easy too. Under no circumstances they can make additional demand whether they loose any material or file.

there is no law where they may demand and later repay. another important point is that, i do not think trust registration fee is beyond 110 india rupees wheres you pay 10 rupees for rego. form and remaining for registration.

I had several issues and i started with RTI following with complain to public grievance department as they are the correct authority. In your case, you may also contact Gujarat vigilance commission. It works fast and i am sure within 15 days you will receive your commitment for date of rego. and soon the due process begin.

they are public servant and regardless of any complaint made by your, they are bound by the law to process your file.

We have initiate process to help against the abuse of government employee and their misconduct. If you wish we may file RTI, Contact Vigilance and number of other process on behalf of you, till you get the perfect commitment from the relavant body.

They can not loose file and it is their responsibility to organize it. never go verbal instead communicate in written and use RPAD post to delivery your communication.

Keep in mind they are not boss and they can not reject your trust registration even if your object are invalid. they have no such power as long as your intention is genuine. Their duty is to check whether you have submtited require document and followed the steps along with deed matter.

If you just want our volunteer help, you may call us so we can provide you guide or email at

let us know what city you have applied and send us your trust deed if you can?

send us copy or detail of public trust receipt of 10 ruppes, evidence that you have applied for rego.?

it is easy process and we can help you as volunteer or as an NGO working to eliminate govt. procrastination, malfunction, corruption and torture to citizen however with that regard we may charge only legal fee that can be 1200 to 1500 however it is not mandatory. if you are confident, we may help you on volunteer and if you require our strong support till you get rego. we may need to hire local lawyer in your city who might work free but we condifer legal costing such as travel, drafting and etc.

only RTI may delay until you invlove other department who can really stress on the said staff who talk such rubbish to you.

it is your fundamental right to set up ngo and it can not be denined as per indian constitution and further delay also violate the interest og beneficiar of your trust who could be orphan child or women so it is not good for the state development who delay the rego.

Hope you got the point.


+91 91734 38299


Harish Wani (student)     29 November 2014

Can anyone please guide me to the process of conversion of Trust/Co-operative Society into Section 25 Company. 


 Can trust transfer their property to company? if yes How?

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