320 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
IV. P UBLIC T RUSTS AND P RIVATE, RELIGIOUS OR CHARITABLE ENDOWMENTS .
Trusts are either Public or Private Trusts.
I. Public Trusts. —A trust is a Public Trust when it is constituted for the benefit either of the public at large or some considerable portion of it answering a particular description. A Public Trust is for an unascertained body of people though capable of ascertainment.
II. Private Trust. —A Private Trust is a trust created only for the benefit of certain individuals who must be ascertained or ascertainable within a limited time.
III. The Purposes of a Public Trust. —They fall under three heads:—
(i) Public purposes.
(ii) Charitable purposes.
(iii) Religious purposes.
(1) The phrase public purposes is used in two senses :
(a) In its ordinary sense—it includes purposes. Such as mending or repairing of roads, a parish supplying water for the inhabitants of a parish, making or repairing of bridges over any stream or culvert that may be required in a parish.
(2) The Phrase Charitable Purposes—includes almsgiving, building alms-houses, founding hospitals and the like.
(3) The Phrase Religious Purpose—includes relating to religious teaching or worship—purchase or distribution of religious books, upkeep of Churches, Temples, etc.
If a Trust is a Public Trust—The Trust Act does not apply.
If a Trust is a Private Trust—Does the Trust Act apply ?
The Act applies only if the Private Trust is a trust which is not a Charitable or Religious Trust.
What is the Law that applies to a Public Trust or a Private Trust which is Charitable and Religious ? There are various enactments which apply.
Section 92, C. P. C.
The Religious Endowments Act, 1863.