Section 79CC: Compensatory costs for frivolous or vexatious proceedings before Charity Commissioner, etc.
Maharashtra Public Trusts Act.State Act of Maharashtra · Act 29 of 1950
[79CC. Compensatory costs for frivolous or vexatious proceedings before Charity Commissioner, etc.- (1) [If in an inquiry under the provisions of this Act, the Charity Commissioner or the Deputy or Assistant Charity Commissioner is of opinion that the application on which such inquiry was commenced was either frivolous or vexatious, the Charity Commissioner, the Deputy or as the case may be, Assistant Charity Commissioner], may at the request of the person against whom such application was made (hereinafter referred to as "the opponent") call upon the person making the application (hereinafter referred to as "the applicant") to show cause why the applicant should not pay compensation to the opponent and if the applicant is not present, direct the issue of a summons to him to appear and show cause aforesaid.
(2) If the Deputy or Assistant Charity Commissioner or the Charity Commissioner, as the case may be, is satisfied that the application was either frivolous or vexatious he may, after recording reasons, order that compensation to such amount not exceeding [five hundred rupees] as he may determine be paid by the applicant to the opponent.
[(3) An appeal shall lie against an order awarding compensation under sub-section (2) if made by the Deputy or Assistant Charity Commissioner to the Charity Commissioner whose decision shall be final and the provisions of section 70 shall apply to such appeal.]
Compensatory costs for frivolous or vexatious proceedings before Charity Commissioner, etc.
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.
inserted, Bom. 28 of 1953. Section 79CC was inserted by Bom. 28 of 1953, s. 17.
substituted, Mah. 20 of 1971. This portion was substituted for the portion beginning with the words "If in an inquiry", and ending with the words "as the case may be" by Mah. 20 of 1971, s. 53(1).
substituted, Mah. 20 of 1971. These words were substituted for the words "two hundred and fifty rupees", by Mah. 20 of 1971, s. 53 (2).
substituted, Mah. 55 of 2017. Sub-section (3) was substituted by Mah. 55 of 2017, s. 29.
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