1[(1)] Notwithstanding anything contained in the Code of Civil Procedure, 1908 (V of 1908), the provisions of sections 92 and 93 of the said Code shall not apply to the public trusts.
2[(2) If 3[on the date of the application of the Act to any public trust any legal proceedings in respect of such trust are pending before 4[any Civil Court of competent jurisdiction] to which the Advocate-General or the Collector exercising the powers of the Advocate-General is a party, the Charity 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.]
5[(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 reference to the Charity Commissioner.]
2[(2) If 3[on the date of the application of the Act to any public trust any legal proceedings in respect of such trust are pending before 4[any Civil Court of competent jurisdiction] to which the Advocate-General or the Collector exercising the powers of the Advocate-General is a party, the Charity 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.]
5[(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 reference to the Charity Commissioner.]
Source footnotes
1. Section 52 was re-numbered as sub-section (1) of that section by Bom. 28 of 1953, s. 10(1).2. This portion was added by Bom. 14 of 1951, s. 13.
3. The brackets, figure and word "(2) if" were substituted for the words "Provided that if" by Bom. 28 of 1953, s. 10 (1).
4. These words were substituted for the words "Any Court including the High Court", by Bom. 28 of 1953, s. 10(2).
5. Sub-section (3) was inserted by Bom. 28 of 1953, s. 10(3).
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More sections of this act
Section 1 · Short title, extent, operation and application.Section 2 · Definitions.Section 2A · Deleted.Section 3 · Charity Commissioner.Section 3A · Joint Charity Commissioners.Section 4 · Qualifications for appointment of Charity Commissioner and Joint Charity Commissioner.Section 5 · Deputy and Assistant Charity Commissioners.Section 6 · Subordinate officers.India Code, Government of India. Text fetched 11 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.