(1) Nothing in this Act shall be deemed to prevent the transfer, by the Charity Commissioner, of any property vested in him as a trustee, to-
(a) the original trustee (if any),
(b) any other lawfully appointed trustee, or
(c) any other person, if the court so directs.
(2) Upon such transfer, such property shall vest in such trustee and shall be held by him upon the same terms as those upon which it was held prior to the transfer and the Charity Commissioner shall be exempt from all liability as trustee of such property except in respect of acts done before such transfer:
Provided that in the case of any transfer under this section, the Charity Commissioner shall be entitled to retain out of the property any fees and administrative charges leviable in accordance with the provisions of this Act.
50. In any case-
(i) where it is alleged that there is a breach of a public trust, Power of Charity Commissioner to apply to Court for appointment of new trustee where trustee convicted under Act.
Power to Court to vest property in new trustee.
Court not to appoint Charity Commissioner as trustee of religious trust and Charity Commissioner not to accept such trust if management of religious affairs is involved.
Levy of administrative charges.
Transfer of property by Charity Commissioner.
Suits relating to public trusts.
[1950: Bom. XXIX Bombay Public Trusts Act, 1950
(ii) 93[where a direction is required to recover possession of a property belonging to a public trust] 94[or the proceeds thereof or for an account of such property or proceeds] 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 95[after making such enquiry as he thinks necessary] or two or more persons having an 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 contentions or not in the Court within the 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 96[or proceeds thereof],
(b) the removal of any trustee or manager,
(c) the appointment of a new trustee or manager, 97[(cc) vesting any property in a trustee,]
(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 any 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 any public trust except in conformity with the provisions thereof:
98[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.]