Section 51 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 51 is the gate before a suit by interested persons: they must apply to the Charity Commissioner in writing, and he may grant or refuse consent within six months.
This article explains section 51 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.
Persons having an interest in a public trust who intend to file a suit of the kind described in section 50 must apply to the Charity Commissioner in writing for his consent. After hearing the parties and making such enquiries as he thinks fit, if he is satisfied that there is a prima facie case, he may, within six months from the date of the application, grant or refuse consent. A refusal must be in writing with reasons, and an appeal lies to the Court within sixty days. The Charity Commissioner is a necessary party in every such suit.
What changed and when
In sub-section (1), the words beginning "If the Charity Commissioner after hearing the parties" and ending "he" were substituted by Mah. 20 of 1971, s. 36 for the older words "The Charity Commissioner, after hearing the parties and after making such inquiry as he thinks fit". Sub-section (2) was substituted by Mah. 55 of 2017, s. 15(a). Sub-section (4) was deleted by Mah. 55 of 2017, s. 15(b). The suits that need consent are those of the nature specified in Section 50.
Sub-section (1): the application and the order
"If the persons having an interest in any public trust intend to file a suit of the nature specified in section 50, they shall apply to the Charity Commissioner in writing for his consent." The application is a written one and there is no other form. The text prints no fee for it, and the form and manner are not stated in the section.
The Charity Commissioner's power is then set out in stages:
| Stage | What the section says |
|---|---|
| Hearing | He hears the parties |
| Enquiry | He makes "such enquiries (if any) as he thinks fit" |
| Test | He must be "satisfied that there is a prima facie case" |
| Decision | He "may within a period of six months from the date on which the application is made, grant or refuse his consent" |
| Refusal | The order "shall be in writing and shall state the reasons for the refusal" |
The test is a prima facie case, not a finding that the suit will succeed. The decision is for him to make; the section does not oblige him to hold a long inquiry, since the enquiries are those he "thinks fit", if any.
The text is silent on what follows if six months pass and no order has been made. It neither says that consent is deemed given nor that it is deemed refused. Applicants in that position should take advice on the facts rather than assume either.
Persons who plan to sue for removal of a trustee or recovery of trust property sometimes need the application, annexures and affidavit-style statements prepared with care. Legal dispute resolution support is available for drafting the application and following it through.
Sub-section (2): appeal against refusal
"If the Charity Commissioner refuses his consent to the institution of the suit under sub-section (1), the persons applying for such consent may file an appeal to the Court, as if such order was an order passed by the District Court from which an appeal lies, within sixty days from the date of the said order, which shall otherwise be final."
Three points. The appeal is by "the persons applying", not by anyone else. The period is sixty days from the date of the order. The order is "otherwise final", which closes any further route under the section. The appeal is to the Court as if the order were one of the District Court, and the section does not name a particular court beyond that comparison.
The section provides an appeal only against a refusal; it prints no appeal against a grant of consent.
Sub-section (3): the Charity Commissioner as a necessary party
"In every suit filed by persons having interest in any trust under section 50, the Charity Commissioner shall be a necessary party." Even where he has granted consent, he is joined in the suit. Applicants should name him as a party in the suit from the start.
How section 51 fits with section 50
Section 50 permits a suit by the Charity Commissioner himself, "after making such enquiry as he thinks necessary", or by two or more persons with interest who have "obtained the consent in writing of the Charity Commissioner as provided in section 51". Section 51 is therefore the second half of that route for private applicants. Also compare Section 52, which says that sections 92 and 93 of the Code of Civil Procedure, 1908 do not apply to public trusts.
Illustration. Four members of a Jain temple trust in Nagpur believe that the managing trustee has sold the trust's land at an undervalue. They apply in writing to the Charity Commissioner for consent to sue. He hears them and the trustee, makes some enquiries and is satisfied that there is a prima facie case, and grants consent in four months. In their suit in the District Court the Charity Commissioner is joined as a necessary party. Had he refused, they would have received a written order with reasons and could have appealed within sixty days.
Need help with an application for consent?
An application for consent must set out the interest of the applicants and the prima facie case. Our team can draft and file the application and represent the applicants at the hearing through legal dispute resolution services.
Key takeaways
- Persons intending to file a section 50 suit must apply in writing for the Charity Commissioner's consent.
- He grants or refuses consent within six months from the date of the application if satisfied there is a prima facie case.
- A refusal is in writing with reasons.
- An appeal lies to the Court within sixty days from the date of the order.
- The Charity Commissioner is a necessary party in every such suit.
- The section is silent on what happens if six months pass without an order.
Read next
- Section 50: suits relating to public trusts
- Section 52: sections 92 and 93 of the Code of Civil Procedure not applicable
- Section 41D: suspension, removal and dismissal of 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.