Section 92: Public charities

(1) In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the Court is deemed necessary for the administration of any such trust, the Advocate General, or two or more persons having an interest in the trust and having obtained the [with the leave of the Court], may institute a suit, whether contentious or not, in the principal Civil Court of original jurisdiction or in any other Court empowered in that behalf by the [Provincial Government] within the local limits of whose jurisdiction the whole or any part of the subject matter of the trust is situate, to obtain a decree (a) removing any trustee ; (b) appointing a new trustee ; (c) vesting any property in a trustee ; (d) directing accounts and inquiries ; (e) declaring what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust ; (f) authorising the whole or any part of the trust property to be let, sold, mortgaged or exchanged ; (g) settling a scheme ; or (h) granting such further or other relief as the nature of the case may require. (2) [* * *] [No] suit claiming any of the reliefs specified in sub section (1) shall be instituted in respect of any such trust as is therein referred to except in conformity with the provisions of that sub section.

Effective date: 1909-01-01

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