Bombay HC – Charity Commissioner has no power to direct change of Trust Name – Section 70A of the Maharashtra Public Trusts Act – Deletion of the word “National” – Suo Motu Proceedings

By the order dated 14.9.2023, the Joint Charity Commissioner, Pune, directed the petitioner to delete the word “National” from its name in suo motu revision proceedings initiated under section 70A of the MP Trusts Act, 1950.

The petitioner is registered as society under the Societies Registration Act and also as public trust under the Maharashtra Public Trusts Act.

The statutory scheme of the MPT Act does not contemplate any enquiry by the authorities as to the suitability of the name of the public trust and the Rules only provide that upon a change in the name of the trust, the authorities would record the same in the register, and a fresh certificate would be issued.

As there is no power to inquire into the suitability of the name of the Trust, there is no power conferred to direct the change of the name of the Trust.

On a reading of the provisions of the Act, we are of the view that once the authorities issue certificate of registration under the Act they do not have the power to direct the Trustees to change the name of the Trust. If the name of the Trust gives an impression of it belonging to the Government or patronage by the Government then the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950 can certainly be invoked by the authorities under the said Act of 1950.

Section 3A of the Maharashtra Societies Registration Act, as amended by the State of Maharashtra, provides for the prohibition against the registration of societies with undesirable names, and such a provision does not exist under the Maharashtra Public Trusts Act.

Judgment dated 2.4.2026 of the High Court of Bombay in Writ Petition No.14247 of 2023 of National Egg Coordination Committee   Vs.  The State of Maharashtra and others