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Section 44: Non-application of Sections 92 and 93 of Central Act V of 1908

Rajasthan Public Trust Act 1959State Act of Rajasthan · Act 42 of 1959

1. Notwithstanding anything contained in the Code of Civil Procedure, 1908 (Central Act 5 of 1908), the provisions of sections 92 and 93 of the said Code shall not apply to public trusts.

2. If on the date of the application of this Act to any public trust any legal proceedings in respect of such trusts are pending before any civil court of competent jurisdiction to which the Advocate General or the Collector exercising powers of the Advocate General is a party, the Devasthan Commissioner shall be deemed to be substituted in those proceedings for the Advocate General or the Collector, as the case may be, and such proceedings shall be disposed of by such court.

3. Any reference to the Advocate General made in any instrument, scheme, order or decree of any civil court of competent jurisdiction made or passed whether before or after the said date, shall be construed as a reference to the Devasthan Commissioner.

Where this provision sits

ActRajasthan Public Trust Act 1959
Section44
Marginal noteNon-application of Sections 92 and 93 of Central Act V of 1908
JurisdictionState of Rajasthan
StatusIn force as published by the source

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