(1) In any suit or legal proceedings in which it appears to the Court that any question affecting a public religious or charitable purpose is involved, the Court shall not proceed to determine such question until after notice has been given to the Charity Commissioner.
(2) If upon the receipt of such notice or otherwise the Charity Commissioner makes any application in that behalf, he shall be added as a party at any stage of such suit or proceedings.
Court's power to hear application.
Powers of trustee to apply for directions.
Proceedings involving question affecting public charitable or religious purpose.
[1950: Bom. XXIX Bombay Public Trusts Act, 1950
(3) In this section "Court" shall mean any Civil Court of competent jurisdiction in the 115[State of Gujarat].
116[CHAPTER VII-A.
SPECIAL PROVISION AS RESPECTS RELIGIOUS AND CHARITABLE INSTITUTIONS AND ENDOWMENTS WHICH VEST IN, OR THE MANAGEMENT OF WHICH VESTS IN, THE STATE GOVERNMENT.
56.C (1) The provisions of this Chapter shall apply to every temple, mosque or endowment created for a public religious or charitable purpose (hereinafter in this Chapter referred to as "the endowment"), Which vests in, or the management of which vests in, the State Government and which-
(a) has been registered under the provisions of this Act as, or
(b) is declared by the State Government by notification, in the Official Gazette, after such inquiry as it thinks fit, and after previous publication, to be a public trust.
On such declaration such endowment shall be deemed to be a registered public trust for the purposes of this Act and the provisions of Chapter IV relating to the registration of public trusts, shall, as far as may be, apply to the making of entries in the register kept under section 17, provided that such entries shall also confirm to the provisions of this Chapter. The entries so made shall be final and conclusive.
(2) The State Government shall, as soon as may be after the commencement of this Chapter, publish in the Official Gazette a list of such endowments as are registered as, or declared to be, public trusts; and the State Government may, by like notification and in like manner, add to or delete from such list any endowment entered therein.
56D. The State Government shall, from such date as it determines, and in the manner hereinafter provided, transfer the endowment, or the management thereof to a committee (hereinafter referred to as "committee") and thereupon such endowment together with all the immoveable or moveable property appertaining thereto, or as the case may be, management thereof, shall vest in the members of such committee; and the members of the committee shall be the trustees of such endowment within the meaning and for the purposes of this Act.