CPC Section 92 | Public Charities –

CPC Section 92

CPC Section 92: Public Charities

(1) In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the Court is deemed necessary for the administration of any such trust, the Advocate General, or two or more persons having an interest in the trust [with the leave of the Court], may institute a suit, whether contentious or not, in the principal Civil Court of original jurisdiction or in any other Court empowered in that behalf by the [Provincial Government] within the local limits of whose jurisdiction the whole or any part of the subject-matter of the trust is situate, to obtain a decree–

  • (a) removing any trustee;
  • (b) appointing a new trustee;
  • (c) vesting any property in a trustee;
  • (d) directing accounts and inquiries;
  • (e) declaring what proportion of the trust-property or of the interest therein shall be allocated to any particular object of the trust;
  • (f) authorizing the whole or any part of the trust-property to be let, sold, mortgaged, or exchanged;
  • (g) settling a scheme; or
  • (h) granting such further or other relief as the nature of the case may require.

(2) No suit claiming any of the reliefs specified in subsection (1) shall be instituted in respect of any such trust as is therein referred to, except in conformity with the provisions of that subsection.

Explanation of CPC Section 92

------As Per Amendment in Punjab

In section 92:
(a) in subsection (1), for the expression “and having obtained the consent in writing of the Advocate General”, the expression “with the leave of the Court” shall be substituted; and
(b) for subsection (2), the following shall be substituted:

“(2) No suit claiming any of the reliefs specified in subsection (1) shall be instituted in respect of any such trust as is therein referred to, except in conformity with the provisions of that subsection.”

Punjab Act, 14 of 2018, S. 13 


------As Per Amendment in Balochistan

In section 92, 
(a) in subsection (1), for the words “and having obtained the consent in writing of the Advocate General”, the words “with leave of the Court”, shall be substituted; and
(b) in subsection (2), for the words and comma “Save as provided by the Religious Endowment Act 1893, no”, the word “No”, shall be substituted.

Balochistan Act, 13 of 2019, S. 11 


------As Per Amendment in Islamabad

In section 92:
(a) in sub-section (1), for the words “consent in writing of the Advocate General” the words “leave of the Court” shall be substituted; and

 Act No. XLVIII of 2016, s.2
 

(b) in sub-section (2), the words, commas, figures and brackets “Save as provided by the Religious Endowment Act, 1863 (XX of 1863),” shall be omitted and for the word “no” the word “No” shall be substituted.

Act, XLVIII of 2016, S. 3

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