Section 50 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.
This article explains the Maharashtra Public Trusts Act, 1950 as it applies in the State of Maharashtra, formerly the Bombay Public Trusts Act, 1950. Section 50 is the provision that says when a suit about a public trust must be filed, who may file it and which reliefs the Court can grant.
This article explains section 50 as amended up to Maharashtra Act No. XXXVI of 2018 (in force 21 May 2018), per the official text of the Law and Judiciary Department modified up to 19 December 2018. Maharashtra amended the Act again in 2019, 2020, 2024 and 2025; the amending texts consulted do not change this section, but the current text should be checked on the Charity Commissioner's website before relying on it.
Where there is a breach of trust, a claim to trust property, a need for the Court's direction in administration, or a declaration or injunction, the Charity Commissioner (after such enquiry as he thinks necessary) or two or more interested persons (one or more for a declaration or injunction) who have the written consent of the Charity Commissioner under section 51 may file a suit in the Court where the trust property is situated. No suit for the listed reliefs may be filed except in conformity with the section, and the section applies whether the trust is registered or not.
What changed and when
Section 50 was substituted by Mah. 20 of 1971, s. 34, as the footnote prints. Clause (ii) was substituted by Mah. 55 of 2017, s. 13(a); sub-clause (h) of the reliefs was deleted by Mah. 55 of 2017, s. 13(b); and the Explanation on the meaning of "Court" was added by Mah. 55 of 2017, s. 13(c). The state of the lettering is worth noting: the list of reliefs runs (a) to (g), then (i) to (q), because (h) is deleted.
The four grounds for a suit
The section opens with "In any case,—" and lists four situations:
| Clause | Situation, as printed |
|---|---|
| (i) | "where it is alleged that there is a breach of a public trust, negligence, mis-application or misconduct on the part of a trustee or trustees" |
| (ii) | "where a direction or decree is required to recover the possession of or to follow a property belonging or alleged to be belonging to a public trust or the proceeds thereof or for an account of such property or proceeds from a trustee, ex-trustee, alienee or any other person but not a person holding adversely to the public trust, trespasser, licensee or tenant" |
| (iii) | "where the direction of the Court is deemed necessary for the administration of any public trust" |
| (iv) | "for any declaration or injunction in favour of or against a public trust or trustee or trustees or beneficiary thereof" |
Clause (ii) carries an exclusion that matters in practice. A claim against a person who holds adversely to the trust, a trespasser, a licensee or a tenant does not come under this clause. A trust that wants to recover possession from a licensee or a tenant therefore has to look elsewhere than section 50(ii); the section does not say where.
Who may file
The text gives two routes. The first is "the Charity Commissioner after making such enquiry as he thinks necessary". The second is "two or more persons having an interest in case the suit is under sub-clauses (i) to (iii), or one or more such persons in case the suit is under sub-clause (iv)", and they must have "obtained the consent in writing of the Charity Commissioner as provided in section 51". The application for that consent is explained in Section 51.
Trustees and worshippers weighing such a suit can take structured legal dispute resolution advice before the application is made. The numbers are the point. For a suit about breach of trust, recovery of property or directions on administration, one interested person alone cannot file; two or more are needed. For a declaration or injunction under clause (iv), one person is enough. The suit may be "contentious or not".
Where the suit is filed
The suit is filed "in the Court within the local limits of whose jurisdiction the whole or part of the subject-matter of the trust is situate". The Explanation says: "In this section, 'Court' means, in the Greater Mumbai, the City Civil Court and elsewhere, the District Court." A trust with a temple in Nashik and a school in Pune can therefore choose between the courts at either place, since part of the subject-matter is situated in each.
The reliefs
The decree sought must be "any of the following reliefs", as printed:
| Clause | Relief |
|---|---|
| (a) | recovery of possession of the property or its proceeds |
| (b) | removal of any trustee or manager |
| (c) | appointment of a new trustee or manager |
| (d) | vesting any property in a trustee |
| (e) | a direction for taking accounts and making certain enquiries |
| (f) | an order directing trustees or others to pay to the trust the loss caused by breach of trust, negligence, misapplication, misconduct or wilful default |
| (g) | a declaration as to what proportion of the trust property or interest is allocated to a particular object of the trust |
| (i) | a direction authorising the whole or any part of the trust property to be let, sold, mortgaged or exchanged or alienated on terms the court deems necessary |
| (j) | settlement of a scheme, or variations in a scheme already settled |
| (k) | amalgamation of two or more trusts by a common scheme |
| (l) | winding up of a trust and applying the funds for other charitable purposes |
| (m) | handing over one trust to the trustees of another trust and deregistering it |
| (n) | exonerating trustees from technical breaches, etc. |
| (o) | varying, altering, amending or superseding any instrument of trust |
| (p) | declaring or denying any right in favour of or against a public trust, trustee or beneficiary, with injunctions in appropriate cases |
| (q) | any other relief the case may require, being a condition precedent or consequential to the above or necessary in the interest of the trust |
For the Charity Commissioner's own order for the loss to the trust, see Section 41; relief (f) is the route through the Court.
The three provisos
- "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";
- "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"; and
- "the provisions of this section and other consequential provisions shall apply to all public trusts, whether registered or not or exempted from the provisions of this Act under sub-section (4) of section 1".
The third proviso is easy to overlook. Section 50 is not confined to registered trusts. The separate bar on suits by an unregistered trust to enforce its own rights is in Section 31; the two sections should be read together by anyone planning a suit.
Illustration. The trustees of a dharmashala trust in Kolhapur find that a former trustee has kept rent collected from shops belonging to the trust. Three worshippers who use the dharmashala apply to the Charity Commissioner for consent under section 51 and, once they have it in writing, file a suit in the District Court seeking an account (relief (e)) and payment of the loss to the trust (relief (f)). Had they wanted only a declaration that the shops belong to the trust, a single worshipper with the Charity Commissioner's consent could have filed.
Need help with a dispute over a public trust?
Trust disputes turn on who may file, in which Court and for which relief. Our team can examine the facts, prepare the application for consent and support the litigation through legal dispute resolution services.
Key takeaways
- Section 50 applies to breach of trust, recovery of property, directions on administration, and declarations or injunctions.
- The Charity Commissioner, or two or more interested persons with his written consent under section 51, may file; one person suffices for a declaration or injunction.
- The Court is the City Civil Court in Greater Mumbai and the District Court elsewhere.
- Sixteen lettered reliefs are listed, (a) to (g) and (i) to (q), because (h) was deleted in 2017.
- The section applies to all public trusts, registered or not.
Read next
- Section 51: consent of the Charity Commissioner to file a suit
- Section 52: sections 92 and 93 of the Code of Civil Procedure not applicable
- Section 31: bar on suits by unregistered public trusts
- Section 41: order of surcharge against trustees
Disclaimer: Based on the Maharashtra Public Trusts Act, 1950 as modified up to 19 December 2018 in the official text of the Law and Judiciary Department, Government of Maharashtra, as consulted on 3 October 2026. Maharashtra amended the Act again in 2019, 2020, 2024 and 2025; the current text, the Maharashtra Public Trusts Rules and the Charity Commissioner's circulars should be checked. This article is general information, not legal advice; check the official text before acting.