Introduction: Here, we want to get your attention towards new amendment in the section 73 of Bombay Public Trust Act, 1950. The new amendment is about cross- examination in the inquiry of change reports. It understands that the amendment of section 73 is beneficial for speedy trial of change reports.

A proviso was added in to section 73 of the Maharashtra Public trust Act, 1950 (Mah. 49 of 2017) pertaining to evidence in

form of affidavits.

Section 73 of Maharashtra Public Trust Act says, Officer holding inquiry to have powers of civil suit:

In holding inquires under this act, the officer holding the same shall have the same powers as are vested in court in respect of the following matters under the code of Civil Procedure, 1908 in trying a suit:

a.  Proof of facts by affidavits

b. Summoning and enforcing the attendance of any person and examining him on oath

c.  Ordering discovery of inspection, compelling the production of documents,

d. Issuing of commissions

Provided that, while holding inquiry under section 22 of the act, the Assistant or Deputy Charity Commissioner shall record the evidence in the form of affidavits only subject to the cross-examination of the deponent, if permitted by him in appropriate case.

Case law:

In the case of Shaikh Mohd Nadeem and Another v/s Assistant Charity Commissioner, Mumbai and Another, 2019(1) Mh. L.J, 403; it was held by justice Dhanuka that, the proviso to section 73 of the Bombay Public Trust Act, 1950, was inserted w.e.f. 10th October,2017 by notification dated 10th October, 2017, an inquiry in question had been already initiated under section 22 of the act much prior to the 10th October, 2017 , thus the proviso thus, would not apply to the fact of hand.

Conclusion:

As per amendment of 2017, for speedy trial of change report that party to the proceeding can prove his facts by way of affidavits in lieu of chief. And for cross-examination of witness the permission of either Deputy Charity Commissioner or assistant charity commissioner respectively, is necessary. There is a discretionary power to the Deputy and Assistant Charity Commissioner if they feel necessity in any matter of change report then permission for cross-examination can be given by them. Otherwise party should prove their facts by way of affidavits only. And this amendment has prospective effect.

As per amended section 73 of Bombay Public Trust act, party to the proceeding in change report cannot take cross-examination and it is not appropriate because taking of cross is right of parties to the proceeding. And, if change report is tried as a civil suit and party to the proceeding wants to prove some necessary facts before the Assistant Charity Commissioner or Deputy Charity Commissioner by way of oral evidence then now it becomes difficult for them.

The oral evidence is direct evidence, and which is not allowed due to this new amendment in proceeding of change reports except the permission of Assistant Charity Commissioner or Deputy Charity Commissioner, respectively.