Section 56B 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 56B stops a Civil Court from deciding a question that affects a public religious or charitable purpose until notice has been given to the Charity Commissioner, who may then be added as a party.
This article explains section 56B 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.
In any suit or legal proceedings in which a question affecting a public religious or charitable purpose is involved, the Court shall not proceed to determine the question until notice has been given to the Charity Commissioner. If he makes an application on receiving the notice or otherwise, he shall be added as a party at any stage. "Court" means any Civil Court of competent jurisdiction in the State of Maharashtra.
What changed and when
In sub-section (1), the words "it appears to the Court that" were deleted by Mah. 20 of 1971, s. 39, as the footnote prints. In sub-section (3), the words "State of Maharashtra" were substituted for "State of Bombay" by the Adaptation of Laws (State and Concurrent Subjects) Order, 1960. Sections 56 and 56A, which come just before it, were deleted by Mah. 55 of 2017.
The deletion of the words "it appears to the Court that" in 1971 is significant. Before it, the duty arose only if the Court formed a view that such a question was involved. As the section now reads, the test is whether such a question "is involved", and the section does not make the duty depend on what the Court thinks at the start.
Sub-section (1): the bar and the notice
"In any suit or legal proceedings in which any question affecting a public religious or charitable purpose is involved, the Court shall not proceed to determine such question until after notice has been given to the Charity Commissioner."
| Element | What the text says |
|---|---|
| Proceedings covered | "any suit or legal proceedings" |
| Trigger | "any question affecting a public religious or charitable purpose is involved" |
| Duty | The Court "shall not proceed to determine such question" |
| Condition | "until after notice has been given to the Charity Commissioner" |
The bar is on determining the question, not on hearing the case. A Court may take other steps, but it cannot decide the question until notice is given. The section does not say who must give the notice. The bar is on the Court, so a party who sees that such a question has arisen may point this out so that the Court gives notice. For the suits that the Act itself allows against trustees, see Section 50.
Because the section applies to "any suit or legal proceedings", it is not limited to suits about registered trusts or suits under the Act. A dispute between private parties over a gift or a temple land may also raise the question. Lawyers who handle such matters often seek legal dispute resolution advice at the outset, to see whether the Charity Commissioner will need to be told.
Sub-section (2): the Charity Commissioner is added as a party
"If upon the receipt of such notice or otherwise the Charity Commissioner makes any application in that behalf, he shall be added as a party at any stage of such suit or proceedings."
Three points. The addition follows his application; the section does not say that he must apply. The words "or otherwise" allow him to apply even where he learns of the matter in another way. And the words "shall be added" leave no discretion to the Court once he applies; he can come in "at any stage", including late in the case. By contrast, in a suit by interested persons under section 50 the Charity Commissioner is a necessary party from the start; see Section 51.
Sub-section (3): the meaning of "Court"
"In this section 'Court' shall mean any Civil Court of competent jurisdiction in the State of Maharashtra." So the duty rests on any Civil Court of competent jurisdiction in the State: the City Civil Court, the District Court and other Civil Courts alike. The section does not bring in criminal courts or tribunals.
Illustration. Two groups claim to manage a Ganesh mandal's temple land in Thane, and one of them files a suit in the Civil Court for a declaration that the land is its own. The defendant pleads that the land was dedicated to the public for the temple. The Court sees that a question affecting a public religious purpose is involved and directs notice to the Charity Commissioner before determining it. The Charity Commissioner applies and is added as a party at that stage, and the Court then proceeds.
Need help with a suit involving a trust or temple?
Where a case involves a trust, a temple or a charity, the position of the Charity Commissioner should be dealt with early. Our team can advise and represent parties through legal dispute resolution services.
Key takeaways
- A Court may not determine a question affecting a public religious or charitable purpose until notice has been given to the Charity Commissioner.
- The words "it appears to the Court that" were deleted in 1971.
- If he applies on receiving notice or otherwise, he shall be added as a party at any stage.
- "Court" means any Civil Court of competent jurisdiction in the State of Maharashtra.
- The section does not say who gives the notice.
Read next
- Section 50: suits relating to public trusts
- Section 51: consent of the Charity Commissioner to file a suit
- Section 26: court decisions and amending entries in the register
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.