Bare ActsThe Bombay Public Trusts Act, 1950

Section 52

Amendment status not verified — confirm the current text below against the official source.

101[(1) Notwithstanding anything contained in the Code of Civil Procedure, 1908, the provisions of sections 92 and 93 of the said Code shall not apply to the public trusts. 102[ 103[(2) If] ] on the date of the application of the Act to any public trust any legal proceedings in respect of, such trust are pending before 104[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.] 105[(3) Any reference to the Advocate General made in any instrument, scheme, order or decree of any Civil Court of competent jurisdiction made or Consent of Charity Commissioner for institution of suit. Bom. XII of 1939. V of 1908. Non-application of sections 92 and 93 of Civil Procedure Code to public trusts. [1950: Bom. XXIX Bombay Public Trusts Act, 1950 passed, whether before or after the said date, shall be construed as a reference to the Charity Commissioner.] 106[52A. Notwithstanding anything contained in the Indian Limitation Act, 1908, no suit against an assignee for valuable consideration of any immovable property of the public trust which has been registered or is deemed to have been registered under this Act for the purpose of following in his hands, such property or the proceeds thereof, or for an account of such property or proceeds shall be barred by any length of time.]

Section 52 – The Bombay Public Trusts Act, 1950 | DailyLaw.ai