### Assistant Charity Commissioner Empowered to Record Alteration of Bye-Laws Approved Under Societies Registration Act via Section 22 Change Report

The petitioners challenged two sets of orders: (i) an order dated 19/3/2020 by the Joint Charity Commissioner confirming the acceptance of a Change Report (No. 479/2009) regarding amendments to the bye-laws of a trust registered under both the Bombay Public Trusts (BPT) Act, 1950, and the Societies Registration Act, 1860

(ii) an order dated 8/6/2010 by the Assistant Registrar of Societies permitting said amendments

The petitioners argued that neither Section 12 of the Societies Registration Act nor Section 22 of the BPT Act empowers officials to amend bye-laws, suggesting such modifications must only occur under Section 50A of the BPT Act

Respondents contended that the petitioners had suppressed material facts, specifically that their membership was cancelled for non-payment of fees and that they had actually acted upon the new constitution by filing their own change reports

1. Whether the Assistant Registrar of Societies is empowered under Section 12 of the Societies Registration Act to permit amendments to the bye-laws/regulations of a society

2. Whether the Assistant Charity Commissioner has the jurisdiction under Section 22 of the BPT Act to accept a change report resulting from amended bye-laws, or if such changes must be governed by Section 50A

Section 12 of the Societies Registration Act, which enables a governing body to "alter, extend, or abridge" the purposes of a society

The term "purpose" includes the framing and alteration of bye-laws, memorandum of association, and rules required to fulfill said purpose

Section 22 of the BPT Act, which mandates the reporting of any change in the entries of the register of trusts

Section 50A of the BPT Act, which empowers the Charity Commissioner to frame or modify a "Scheme" for management when no such scheme exists or for proper administration

The Court reasoned that since a society is registered for a specific purpose, the power under Section 12 to alter that purpose necessitates the power to amend the rules and bye-laws designed to achieve it, thus the Assistant Registrar acted within jurisdiction.

Regarding the BPT Act, the Court held that once the bye-laws were legally amended under the Societies Registration Act, recording these changes under Section 22 of the BPT Act was a "ministerial act," as any change in the trust’s foundational rules constitutes a reportable change.

The Court further clarified that Section 50A was inapplicable because that section is reserved for framing a "Scheme" where none exists or for overhauling administration, rather than routine amendments to existing bye-laws initiated by the society itself.

The Court held that Section 12 of the Societies Registration Act is the appropriate provision for altering bye-laws and Section 22 of the BPT Act is the proper mechanism for recording such changes.

Finding no perversity in the impugned orders and noting the petitions were devoid of merit, the Court dismissed both Writ Petitions with no order as to costs.