Vilas S/o Banduji Kharat Vs Joint Charity Commissioner (Bombay High Court)
The Bombay High Court dismissed a writ petition challenging the orders of the Assistant Charity Commissioner and the Joint Charity Commissioner rejecting registration of the proposed trust “NGO – Management Trust, Aurangabad” under the Maharashtra Public Trusts Act, 1950. The proposed trust sought registration with objects including education, legal awareness, medical relief, relief to the poor, housing, rural rehabilitation, advancement of public utility and other social, cultural and religious activities. The authorities rejected the application on the ground that the proposed name attracted the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950.
The petitioner contended that the Charity Authorities lacked power to adjudicate the suitability of the trust’s name and relied on earlier High Court decisions. The respondents argued that the authorities were empowered to examine the proposed name under the statutory scheme.
The High Court found that the proposed trust’s stated activities included providing legal assistance, statutory compliance and professional support to NGOs through lawyers, chartered accountants and company secretaries. It agreed with the findings of the Assistant Charity Commissioner and the Appellate Authority that these objects indicated provision of professional services and were not charitable in nature for registration under the MPT Act.
