Section 52 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 52 does three things: it switches off sections 92 and 93 of the Code of Civil Procedure, 1908 for public trusts, it moves pending cases from the Advocate-General or Collector to the Charity Commissioner, and it reads old references to the Advocate-General as references to the Charity Commissioner.
This article explains section 52 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.
"Notwithstanding anything contained in the Code of Civil Procedure, 1908", sections 92 and 93 of that Code do not apply to public trusts. Where legal proceedings about a trust were pending on the date the Act applied to the trust and the Advocate-General or the Collector was a party, the Charity Commissioner is deemed substituted, and the Court disposes of the proceedings. References to the Advocate-General in any instrument, scheme, order or decree are read as references to the Charity Commissioner.
What changed and when
Section 52 was once a single paragraph. Bom. 28 of 1953, s. 10(1) re-numbered it as sub-section (1); Mah. 55 of 2017, s. 14(b) then substituted sub-section (1) in its present form. Sub-section (2) was added by Bom. 14 of 1951, s. 13, and in 1953 its opening words and the words "any Civil Court of competent jurisdiction" replaced earlier words, as the footnotes print. Sub-section (3) was inserted by Bom. 28 of 1953, s. 10(3).
The section refers to an older law. The Code of Civil Procedure, 1908 is printed in the official text with that year; the reader should check the law now in force before relying on any reference to the Code.
Sub-section (1): what the Code does not do for public trusts
"Notwithstanding anything contained in the Code of Civil Procedure, 1908, the provisions of sections 92 and 93 of the said Code shall not apply to the public trusts."
The sub-section does not describe what sections 92 and 93 provide, and this article does not either; the Act's own route for suits is in Section 50, which allows a suit by the Charity Commissioner or by two or more interested persons with consent under Section 51. Read together, a person who plans to sue about a public trust in Maharashtra should look first to those two sections. Trustees, donors or worshippers who are unsure which route fits their dispute can obtain legal dispute resolution advice before taking any step.
Sub-section (2): proceedings pending on the date of application
The sub-section reads: "If on the date of the application of the Act to any public trust any legal proceedings in respect of such trust are pending before any Civil Court of competent jurisdiction to which the Advocate-General or the Collector exercising the powers of the Advocate-General is a party, the Charity Commissioner shall be deemed to be substituted in those proceedings for the Advocate-General or the Collector, as the case may be, and such proceedings shall be disposed of by such Court."
| Element | What the text provides |
|---|---|
| Trigger | Legal proceedings in respect of the trust are pending on the date the Act applied to the trust |
| Forum | Before "any Civil Court of competent jurisdiction" |
| Party | The Advocate-General, or the Collector exercising his powers, is a party |
| Effect | The Charity Commissioner "shall be deemed to be substituted" |
| Who decides | "such proceedings shall be disposed of by such Court", that is, the same Court |
Two things follow. The proceedings do not shift to another court or officer; they stay where they are, with a new party in place of the old. And the substitution is automatic ("deemed"), with no application required by the text. The date on which the Act applied to a particular trust is a matter of the extent and application provisions, explained in Section 1.
Sub-section (3): older references to the Advocate-General
"Any reference to the Advocate-General made in any instrument, scheme, order or decree of any Civil Court of competent jurisdiction made or passed, whether before or after the said date, shall be construed as reference to the Charity Commissioner."
This matters for trusts whose old schemes or decrees say, for example, that a trustee may "apply to the Advocate-General" for directions or that the Advocate-General's sanction is needed for a step. After the Act applies, such a clause is read as naming the Charity Commissioner. The sub-section covers four kinds of document: an instrument, a scheme, an order and a decree. A private letter or an unwritten custom is not on the list. The reading applies to documents made "before or after the said date".
Illustration. A trust running a hostel in Solapur has a 1938 court scheme that says the managers need the Advocate-General's sanction before a certain step. After the Act applies to the trust, the clause is read as requiring the Charity Commissioner's sanction instead. A suit about the same hostel that was pending in the District Court when the Act applied, with the Collector as a party exercising the Advocate-General's powers, continues in the same Court with the Charity Commissioner in the Collector's place.
Need help with a public trust dispute?
If a trust has an old scheme or decree that names the Advocate-General, or a case pending from before the Act, the first step is to read the documents closely. Our team can review them and advise through legal dispute resolution support.
Key takeaways
- Sections 92 and 93 of the Code of Civil Procedure, 1908 do not apply to public trusts under the Act.
- Pending proceedings with the Advocate-General or the Collector as a party continue in the same Court with the Charity Commissioner substituted.
- Old references to the Advocate-General in instruments, schemes, orders and decrees are read as references to the Charity Commissioner.
- The law now in force on the Code should be checked.
Read next
- Section 50: suits relating to public trusts
- Section 51: consent of the Charity Commissioner to file a suit
- Section 1: short title, extent and application to public trusts
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.