Madhya Pradesh 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 28 to 34A of the Madhya Pradesh Public Trusts Act, 1951 are the miscellaneous provisions of the Act in Madhya Pradesh. They give the Registrar the powers of a civil court in an inquiry, make inquiries judicial proceedings, apply the Code of Civil Procedure, provide for recovery as arrears of land revenue, bar suits by unregistered trusts, set two fines and allow inquiries to be sent to revenue officers and powers to be delegated.
This article explains sections 28 to 34A 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.
In an inquiry the Registrar has a civil court's powers on four matters (section 28), and inquiries are judicial proceedings (section 29). The Code of Civil Procedure applies to proceedings before the Court (section 30). Sums due under sections 23 and 24 or a rule are recoverable as an arrear of land revenue (section 31). No suit to enforce a right on behalf of an unregistered public trust is heard (section 32). Fines are up to one thousand rupees for breach of sections 4, 9, 11, 13 or 15, and up to two hundred and fifty rupees for other breaches, as printed (section 33). The Registrar may send an inquiry to a revenue officer (section 34) and delegate powers (section 34A).
Section 28: powers of a civil court
"In holding inquiries under this Act, the Registrar shall have the same powers as are vested in Courts in respect of the following matters, under the Code of Civil Procedure, 1908 (V of 1908), in trying a suit": (a) proof of facts by affidavits; (b) summoning and enforcing attendance of any person and examining him on oath; (c) compelling the production of documents; and (d) issuing of commissions. The Code of Civil Procedure, 1908 is quoted as printed; check the Code as now in force.
Section 29: judicial inquiries
"All inquiries under this Act shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 of the Indian Penal Code." The Indian Penal Code is an old law named in the text, quoted as printed; check what law now applies to those matters.
Section 30: Code of Civil Procedure
"Save in so far as they may be inconsistent with any thing contained in this Act, the provisions of the Code of Civil Procedure, 1908 (V of 1908), shall apply to all proceedings before the Court in this Act." The section applies to proceedings before the Court, such as those under sections 8, 24, 25, 26 and 27, and gives way to the Act where they differ.
Section 31: recovery
"All sums payable under Sections 23 and 24 or under any rule, if not paid, shall, notwithstanding anything contained in any law and without prejudice to any action liable to be taken under this or any other Act, be recoverable as an arrear of land revenue." This covers a surcharge under section 23 and costs ordered under section 24, and sums payable under a rule such as a special audit fee. It adds a recovery route and does not exclude other action.
Section 32: bar on suits by unregistered trusts
Sub-section (1). "No suit to enforce a right on behalf of a public trust which has not been registered under this Act shall be heard or decided in any Court."
Sub-section (2). "The provisions of sub-section (1) shall apply to claim or set off or other proceeding to enforce a right on behalf of such public trust."
The bar is on enforcing a right on behalf of the trust: a suit for rent, for possession or for a debt in the trust's name. It also covers a claim of set-off or another proceeding to enforce a right. The text does not say whether registration after the suit cures the defect. The remedy is to register under section 4 in time. If a trust wants to bring a suit and is unsure whether the bar applies, our legal dispute resolution team can advise.
Section 33: penalty
Sub-section (1). "Whoever contravenes any provision of Section 4, 9, 11, 13 or 15 shall be punished with fine which may extend to one thousand rupees."
Sub-section (2). "Whoever contravenes any of the provisions of this Act for which no specific penalty has been provided by this Act, shall be punished with fine which may extend to two hundred and fifty rupees."
The figures are as printed in the published copy. The sections named in sub-section (1) are registration (section 4), reporting of changes (section 9), registration of a trust by will (section 11), investment (section 13) and accounts (section 15). Breaches of other sections, for example section 18 (budget) or section 25 (vacancies), fall under sub-section (2). Rules may separately make a breach punishable: section 35(3) allows a fine up to two hundred rupees, and rule 18 of the Rules applies it to rules 11(1), 12(2) and 15, as printed. The Act does not name the court that tries these offences, the procedure or who may start a prosecution, and this article adds none.
Section 34: inquiries by Registrar
"Where in any case an enquiry is to be made by the Registrar under this Act, he may himself make the inquiry or may forward the case for investigation and report to any revenue officer not below the rank of a ." The words "Deputy Collector" are in square brackets in the published copy, which shows an amendment. The Registrar may send the case for investigation and report; the text does not say who decides.
Section 34A: delegation by Registrar
The section is printed in square brackets: "Subject to the provisions of this Act and to such restrictions and conditions, as may be prescribed, the Registrar may, by order in writing, delegate all or any of his powers and duties under this Act to any Revenue Officer of his district not below the rank of a Sub-Divisional Officer". Four conditions are visible: the delegation is in writing; it is to a revenue officer of the Registrar's own district; the officer must be of at least the rank of Sub-Divisional Officer; and it is subject to restrictions and conditions that may be prescribed. The Rules in the text consulted prescribe none.
The sections at a glance
| Section | Subject | Rule in short |
|---|---|---|
| 28 | Powers of a civil court | Affidavits, summons and oath, documents, commissions |
| 29 | Judicial inquiries | Inquiries are judicial proceedings |
| 30 | Civil Procedure Code | Applies to proceedings before the Court, save as inconsistent |
| 31 | Recovery | Sums under sections 23 and 24 or a rule as arrears of land revenue |
| 32 | Bar of suits | No suit for an unregistered trust |
| 33 | Penalty | Fine up to one thousand rupees (sections 4, 9, 11, 13, 15); up to two hundred and fifty rupees otherwise |
| 34 | Inquiries by revenue officers | Forward to officer not below Deputy Collector |
| 34A | Delegation | In writing, to revenue officer not below Sub-Divisional Officer |
Worked example
An invented trust, Shri Mandsaur Gaushala Trust, has not been registered. Its manager, Mr Kamal Sisodiya, files a suit to recover rent from a tenant. Under section 32 the Court cannot hear it because the trust is unregistered. The manager had also failed to apply for registration under section 4, which attracts the fine in section 33(1) as printed. In a separate matter a Registrar sends an inquiry to a revenue officer of Deputy Collector rank for report under section 34.
Practical points
- Register the trust before filing any suit in its name.
- Comply with the sections named in section 33(1); fines there are higher.
- Keep payment records for any sum under sections 23 and 24; unpaid sums are recoverable as land revenue.
- Expect the Registrar's inquiry to follow civil-court procedure on summons and documents.
- Check whether a delegate is acting under a written order of delegation.
Need help with a bar, fine or recovery?
A suit that cannot be heard, or a fine under section 33, can usually be avoided by registering and filing on time. We can check your trust's status and advise on a pending matter. Reach us through legal dispute resolution to begin.
Key takeaways
- The Registrar has a civil court's powers on four matters in an inquiry (section 28).
- Sums due under sections 23 and 24 or a rule are recoverable as an arrear of land revenue (section 31).
- An unregistered public trust cannot sue to enforce a right (section 32).
- Fines are up to one thousand rupees for breaches of sections 4, 9, 11, 13 and 15, and up to two hundred and fifty rupees for others, as printed (section 33).
- The Registrar may send an inquiry to a revenue officer and delegate powers to a Sub-Divisional Officer or above (sections 34 and 34A).
Read next
- Sections 25 to 27 of the Madhya Pradesh Public Trusts Act, 1951: vacancies and application to court for directions
- Sections 35 to 38 of the Madhya Pradesh Public Trusts Act, 1951: rules, exemption, saving and repeal
- Section 4 of the Madhya Pradesh Public Trusts Act, 1951: registration of public trusts
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.