Sections 25 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 25 to 27 of the Madhya Pradesh Public Trusts Act, 1951 cover two situations in Madhya Pradesh. Where a trust is run by a board of trustees and a vacancy occurs, the working trustee tells the Registrar and the Registrar may direct or fill it. Where a trust's object has failed, its property is badly managed or a direction is needed, the trustee or the Registrar applies to the Court, which has wide powers.
This article explains sections 25 to 27 of the Madhya Pradesh Public Trusts Act, 1951 (M.P. Act No. 30 of 1951) as amended up to the date of the English text consulted on 3 October 2026 (published without amendment footnotes; bracketed words show that the State has amended it). Check the current text with the State's Devasthan Department or Registrar of Public Trusts before relying on it.
Section 25: when a vacancy occurs in a board of trustees, the working trustee informs the Registrar as soon as it occurs and says how and when he will fill it; the Registrar may direct, and if the trustee fails, fill the vacancy by written order, which an aggrieved person may challenge in Court within thirty days. Section 26: the Registrar may direct the trustee to apply to Court where the original object has failed, the property is not properly managed or a Court direction is necessary, and may apply himself. Section 27: the Court inquires and may remove a trustee, appoint a new one, allocate property, frame a scheme and give directions; its order is a decree with an appeal to the High Court.
Section 25: filling of vacancies
Sub-section (1). "Where a public trust is under the management of a Board of Trustees, the working trustee shall, as soon as a vacancy occurs in the Board, inform the Registrar of such vacancy and the time within and the manner in which he proposes to fill the same."
Sub-section (2). "On receipt of such information the Registrar may, if he considers it necessary, issue any directions to the working trustee regarding the filling of such vacancy not inconsistent with any instrument of trust or the mode of succession specified in the register and the working trustee shall comply with any such direction."
Sub-section (3). "If the working trustee fails to give any such information or to fill the vacancy within the time specified by him or to comply with any direction issued by the Registrar, the Registrar may, by order passed in writing, fill the vacancy and any person having interest in the public trust who may be aggrieved by the order of the Registrar, may apply to the Court for setting aside the order of the Registrar within thirty days from the date of such order."
| Step | Who | What |
|---|---|---|
| 1 | Working trustee | Informs the Registrar as soon as the vacancy occurs, with the time and manner of filling it |
| 2 | Registrar | May issue directions consistent with the trust instrument and the mode of succession in the register |
| 3 | Registrar | If the trustee fails to inform, to fill in time or to comply, may fill the vacancy by written order |
| 4 | Person having interest | May apply to the Court within thirty days of the order to set it aside |
The Act prints no fixed period for informing the Registrar; the words are "as soon as". A change in the board is also a change in the entries, so a report under section 9 may be needed. Contravention of section 25 is not named in the list in section 33(1), so the general penalty in section 33(2) applies, as printed in the published copy.
Section 26: application to Court for directions
Sub-section (1). "If the Registrar on the application of any person interested in the public trust or otherwise is satisfied that," any one of three conditions exists, "he may, after giving the working trustee an opportunity to be heard direct such trustee to apply to Court for directions within the time specified by the Registrar":
- (a) the original object of the public trust has failed;
- (b) the trust property is not being properly managed or administered; or
- (c) the direction of the Court is necessary for the administration of the public trust.
Sub-section (2). "If the trustee so directed fails to make an application as required, or if there is no trustee of the public trust or if for any other reason, the Registrar considers it expedient to do so, he shall himself make an application to the Court."
The Registrar can act on an application by a person interested "or otherwise", so he may act on his own information. Before directing the trustee he must give the working trustee an opportunity to be heard. If the trustee does not apply, or there is no trustee, or the Registrar considers it expedient, the Registrar himself applies.
Section 27: the Court's power
Sub-section (1). "On receipt of such application the Court shall make or cause to be made such inquiry into the case as it deems fit and pass such orders thereon as it may consider appropriate."
Sub-section (2). The Court has power, among other powers, to make an order for:
| Clause | Order |
|---|---|
| (a) | Removing any trustee |
| (b) | Appointing a new trustee |
| (c) | Declaring what portion of the trust property or of the interest therein shall be allocated to any particular object of the trust |
| (d) | Providing a scheme of management of the trust property |
| (e) | Directing how the funds of a public trust whose original object has failed shall be spent, having due regard to the original intention of the author of the trust or the object for which the trust was created |
| (f) | Issuing any directions as the nature of the case may require |
Sub-section (3). "Any order passed by the Court under sub-section (2) shall be deemed to be a decree of such Court and an appeal shall lie therefrom to the High Court."
Sub-section (4). "No suit relating to a public trust under Section 92 of the Code of Civil Procedure, 1908 (V of 1908), shall be entertained by any Court on any matter in respect of which an application can be made under Section 26." The Code of Civil Procedure, 1908 is quoted as printed; check the Code as now in force.
Clause (e) deals with a trust whose object has failed, and it directs that regard be had to the original intention of the author. The Act does not name any doctrine in this clause, and this article adds none. If a dispute over trustees or property has reached this stage, our legal dispute resolution team can advise on the application and the hearing.
Worked example
An invented trust, Shri Burhanpur Dharmik Nyas, is managed by a board of five trustees. When one dies, the working trustee, Mr Arvind Patel, informs the Registrar at once and says that the successor will be chosen as the trust deed provides. If he had not informed the Registrar, the Registrar could have filled the vacancy by written order, and a person having interest, such as a donor, could have applied to the Court within thirty days. Later, a complaint says that the trust's land is being neglected. The Registrar hears Mr Patel and directs him to apply to the Court for directions; the Court inquires and may frame a scheme of management. An appeal from its order lies to the High Court.
Practical points
- Inform the Registrar of a vacancy promptly, and say how and when it will be filled.
- Fill the vacancy consistently with the trust instrument and the mode of succession in the register.
- Attend the hearing before the Registrar directs you to apply to the Court.
- If the Registrar fills a vacancy and you are aggrieved, count thirty days from the date of the order.
- Do not file a section 92 suit on a matter for which a section 26 application can be made.
Need help with a trust dispute before the Registrar or Court?
Vacancies and management disputes are decided on documents and timing. We can read your trust instrument and register entries, prepare the application and represent the trust's position. Contact us through legal dispute resolution to start.
Key takeaways
- A working trustee must inform the Registrar of a vacancy in a board of trustees as soon as it occurs (section 25(1)).
- The Registrar may direct or fill the vacancy by written order; challenge in Court lies within thirty days.
- The Registrar may direct the trustee to apply to Court on three grounds, or apply himself (section 26).
- The Court may remove or appoint trustees, frame a scheme and direct how funds are spent (section 27(2)).
- The Court's order is a decree with an appeal to the High Court, and a section 92 suit is barred on matters within section 26.
Read next
- Sections 22 to 24 of the Madhya Pradesh Public Trusts Act, 1951: Registrar's powers, procedure and appeal
- Sections 28 to 34A of the Madhya Pradesh Public Trusts Act, 1951: procedure, recovery, bar of suits, penalty and delegation
- Section 9 of the Madhya Pradesh Public Trusts Act, 1951: change in registered particulars
Disclaimer: Based on the English texts of the Madhya Pradesh Public Trusts Act, 1951 and Madhya Pradesh Public Trusts Rules, 1962, as consulted on 3 October 2026; those copies do not state the date of their last amendment. Later amendments, State notifications and current fees should be checked with the State authorities. This article is general information, not legal advice; check the official text before acting.