Section 50State of Gujarat Act

Section 50: Suits relating to public trusts

The Bombay Public Trusts Act, 1950

Suits relating to public trusts.

- In any case-

(i)

where it is alleged that there is a breach of public trust,

(ii)

[where direction is required to recover possession of a property belonging to a public trust] [These words were substituted for the portion beginning with the words 'where a declaration' and ending with the words 'the possession of such property' by Bombay 6 of 1960, Section 26(a).] [or the proceeds thereof or for an account of such property or proceeds] [These words were inserted by Bombay 23 of 1955, Section 6(1).] from any person including a person holding adversely to the public trust, or

(iii)

where the direction of the court is deemed necessary for the administration of any public trust.

the Charity Commissioner [after making such inquiry as he thinks necessary] [These words were inserted by Bombay 6 of 1960, Section 26(b).] or two or more persons having interest in the trust and having obtained the consent in writing of the Charity Commissioner as provided in section 51 may institute a suit whether contentious or not in the Court within local limits of whose jurisdiction the whole or part of the subject matter of the trust is situate, to obtain a decree for any of the following reliefs:-

(a)

an order for the recovery of the possession of such property [or proceeds thereof] [These words were added by Bombay 23 of 1955, Section 6(2).],

(b)

the removal of any trustee or manager,

(c)

the appointment of a new trustee or manager,

(cc)[ vesting any property in a trustee,] [Clause (cc) was inserted by Bombay 28 of 1953, Section 9.]

(d)

a direction for taking accounts and making certain inquiries,

(e)

a declaration as to what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust,

(f)

a direction authorising the whole or part of the trust property to be let, sold, mortgaged or exchanged,

(g)

the settlement of a scheme or variations or alterations in a scheme already settled, or

(h)

granting such further or other relief as the nature of the case may require:

Provided that no suit claiming any of the reliefs specified in this section shall be instituted in respect of the provisions thereof:[Provided further that the Charity Commissioner may, instead of instituting a suit, make an application to the Court for a variation or alteration in a scheme already settled.] [Proviso added by Bombay 6 of 1960, Section 26(c).]

Sec 49 — Transfer of property by Charity Commissioner

Sec 50A — [ Power of Charity Commissioner to frame, amalgamate or modify schemes. [This section was inserted by Bombay 6 of 1960, Section 27.]

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