Amendment status not verified — confirm the current text below against the official source.
In any case- (i) where it is alleged that there is a breach of a public trust, Power of Charity Commissioner to apply to Court for appointment of new trustee where trustee convicted under Act. Power to Court to vest property in new trustee. Court not to appoint Charity Commis- sioner as trustee of religious trust and Charity Commissioner not to accept such trust if management of religious affairs is involved. Levy of administrative charges. Transfer of property by Charity Commissioner. Suits relating to public trusts. [1950: Bom. XXIX Bombay Public Trusts Act, 1950 (ii) 93[where a direction is required to recover possession of a property belonging to a public trust] 94[or the proceeds thereof or for an account of such property or proceeds] from any person including a person holding adversely to the public trust, or (iii) where the direction of the court is deemed necessary for the admini- stration of any public trust, the Charity Commissioner 95[after making such enquiry as he thinks necessary] or two or more persons having an interest in the trust and having obtained the consent in writing of the Charity Commissioner as provided in section 51 may institute a suit whether contentions or not in the Court within the local limits of whose jurisdiction the whole or part of the subject-matter of the trust is situate, to obtain a decree for any of the following reliefs: — (a) an order for the recovery of the possession of such property 96[or proceeds thereof], (b) the removal of any trustee or manager, (c) the appointment of a new trustee or manager, 97[(cc) vesting any property in a trustee,] (d) a direction for taking accounts and making certain inquiries, (e) a declaration as to what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust, (f) a direction authorising the whole or any part of the trust property to be let, sold, mortgaged or exchanged, (g) the settlement of a scheme or variations or alterations in a scheme already settled, or (h) granting such further or other relief as the nature of the case may require: Provided that no suit claiming any of the reliefs specified in this section shall be instituted in respect of any public trust except in conformity with the provisions thereof: 98[Provided further that the Charity Commissioner may, instead of instituting a suit, make an application to the Court for a variation or alteration in a scheme already settled.] 99[50A. (1) Notwithstanding anything contained in section 50, where the Charity Commissioner has reason to believe that, in the interest of the proper management or administration of a public trust, a scheme should be settled for it, or where two or more persons having interest in a public trust make an application to him in writing in the prescribed manner that, in the interest of the proper management or administration of a public trust, a scheme should be settled for it, the Charity Commissioner may if after giving the trustees of such trust due opportunity to be heard, he is satisfied that it is necessary or expedient so to do, frame a scheme for the management or administration of such public trust (2) Where the Charity Commissioner is of opinion that in the interest of the proper management or administration, two or more public trusts may be amalgamated by framing a common scheme for the same, he may, after- Power of Charity Commissioner to frame, amalgamate or modify schemes. 1950: Bom. XXIX] Bombay Public Trusts Act, 1950 27 of 53 (a) publishing a notice in the Official Gazette and also in at least two newspapers (one in English, and the other in the language of the region) with a wide circulation in the region in which the trust is registered, and (b) giving the trustees of such trusts and all other interested persons due opportunity to be heard, frame a common scheme for the same. 100[(2A) A scheme under this section may provide for the number of trustees, the mode of appointment of trustees including the appointment of the first trustees, vesting of the trust property in the trustees so appointed, mode of filling any vacancy of a trustee the remuneration of a trustee or manager of the public trust and where necessary, a clarification of the objects of the public trust.]. (3) The Charity Commissioner may, at any time, after hearing the trustees, modify the scheme framed by him under sub-section (1) or sub-section (2). (4) The scheme framed under sub-section (1) or sub-section (2) or modified under sub-section (3) shall, subject to the decision of the competent court under section 72, have effect as a scheme settled or altered, as the case may be, under a decree of a Court under section 50.]