Section 51: Consent of Charity Commissioner for institution of suit.
Maharashtra Public Trusts Act.State Act of Maharashtra · Act 29 of 1950
(1) If the persons having an interest in any public trust intend to file a suit of the nature specified in section 50, they shall apply to the Charity Commissioner in writing for his consent. [If the Charity Commissioner after hearing the parties and making such enquiries (if any) as he thinks fit is satisfied that there is a prima facie case, he] may within a period of six months from the date on which the application is made, grant or refuse his consent to the institution of such suit. The order of the Charity Commissioner refusing his consent shall be in writing and shall state the reasons for the refusal.
[(2) If the Charity Commissioner refuses his consent to the institution of the suit under sub-section (1), the persons applying for such consent may file an appeal to the Court, as if such order was an order passed by the District Court from which an appeal lies, within sixty days from the date of the said order, which shall otherwise be final.]
(3) In every suit filed by persons having interest in any trust under section 50, the Charity Commissioner shall be a necessary party.
Consent of Charity Commissioner for institution of suit.
Jurisdiction
State of Maharashtra
Status
In force as published by the source
How this provision has been amended
Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.
substituted, Mah. 20 of 1971. These words were substituted for the words "The Charity Commissioner, after hearing the parties and after making such inquiry as he thinks fit", by Mah. 20 of 1971, s. 36.
substituted, Mah. 55 of 2017. This sub-section was substituted by Mah. 55 of 2017, s. 15(a).
omitted, Mah. 55 of 2017. Sub-section (4) was deleted by Mah. 55 of 2017, s. 15(b).
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