Code
Section 92 CPC
(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 leave of the Court, may institute a suit to obtain a decree for the reliefs specified under the section.
Such reliefs include:
(a) Removing any trustee;
(b) Appointing a new trustee;
(c) Vesting any property in a trustee;
(cc) Directing a removed trustee or former trustee to hand over trust property to the person entitled to possession;
(d) Directing accounts and inquiries;
(e) Declaring the proportion of trust property applicable to particular objects of the trust;
(f) Authorizing lease, sale, mortgage, or exchange of trust property;
(g) Settling a scheme for administration of the trust;
(h) Granting such further or other relief as the nature of the case may require.
(2) No suit claiming these reliefs shall be instituted except in conformity with this section, subject to certain statutory exceptions.
(3) The Court may alter the original purposes of a charitable or religious trust and permit the application of trust property under the doctrine of cy pres in circumstances specified in the section.
Explanation of Section 92 CPC
Section 92 of the Code of Civil Procedure, 1908 is a special provision designed to protect public charitable and religious trusts.
The section applies when there is an alleged breach of trust or when court supervision becomes necessary for the proper administration of a public charitable or religious institution.
Unlike ordinary civil suits, Section 92 CPC allows representative actions to safeguard trust property and ensure that charitable or religious objectives are properly fulfilled.
The provision acts as an important mechanism for preventing misuse of trust property and ensuring accountability of trustees.
When Does Section 92 CPC Apply?
Section 92 CPC applies in two situations:
Breach of Public Trust
The section can be invoked when trustees violate their duties, misuse trust property, or act contrary to the objectives of the trust.
Need for Court Directions
Even when there is no specific breach, the court may intervene if its guidance is necessary for the proper administration of the trust.
Therefore, the provision is both preventive and corrective in nature.
Who Can File a Suit Under Section 92 CPC?
A suit under Section 92 CPC may be filed by:
The Advocate-General
The Advocate-General may institute proceedings in the public interest regarding the trust.
Two or More Interested Persons
Two or more persons having an interest in the trust may also file a suit.
However, they must first obtain the leave (permission) of the court before instituting the suit.
This requirement prevents frivolous litigation against public trusts.
Reliefs Available Under Section 92 CPC
The court may grant several remedies depending on the circumstances.
Removal of Trustees
If trustees have acted improperly, the court may remove them from office.
Appointment of New Trustees
The court may appoint suitable persons to manage the trust.
Recovery of Trust Property
The court may order former trustees to return trust property.
Accounts and Inquiries
The court may direct a detailed examination of the trust’s finances and administration.
Sale or Management of Trust Property
The court may authorize transactions involving trust property when necessary for effective management.
Framing a Scheme
The court may create a management scheme to ensure proper administration of the trust.
Doctrine of Cy Pres Under Section 92 CPC
One of the most significant features of Section 92 CPC is the incorporation of the doctrine of cy pres.
The expression “cy pres” means “as near as possible.”
Sometimes the original objective of a charitable or religious trust becomes impossible, impractical, unlawful, or obsolete.
In such situations, the court may direct that the trust property be applied to a purpose that closely resembles the original intention of the founder.
This ensures that charitable assets continue to serve the public interest rather than remaining unused.
Importance of Section 92 CPC
Section 92 CPC plays a crucial role in protecting public charitable and religious institutions.
It promotes transparency, accountability, and responsible administration of trust property.
The provision also ensures that charitable assets are used for the benefit of society and not misappropriated by trustees.
Consequently, Section 92 CPC serves as an important safeguard for public trusts throughout India.
Illustration
Illustration 1
The trustees of a public educational trust divert trust funds for personal use.
Two beneficiaries obtain the court’s leave and file a suit under Section 92 CPC seeking removal of the trustees and recovery of the trust property.
Illustration 2
A religious trust has become inactive because its original purpose can no longer be achieved.
The court applies the doctrine of cy pres and directs the trust funds to be used for a similar charitable purpose.
Illustration 3
A charitable hospital trust faces administrative disputes among trustees.
Interested members approach the court under Section 92 CPC seeking the framing of a scheme for proper management of the institution.
Common Questions and Answers
1. What is the purpose of Section 92 CPC?
Answer:
Section 92 CPC protects public charitable and religious trusts by allowing court intervention in cases of breach of trust or improper administration.
2. Who can file a suit under Section 92 CPC?
Answer:
The Advocate-General or two or more persons interested in the trust, after obtaining the court’s leave, may institute a suit under Section 92 CPC.
3. What reliefs can the court grant under Section 92 CPC?
Answer:
The court may remove trustees, appoint new trustees, order accounts and inquiries, recover trust property, frame management schemes, and grant other appropriate relief.
4. What is the doctrine of cy pres?
Answer:
The doctrine of cy pres allows the court to redirect trust property to a purpose as close as possible to the original charitable or religious objective when the original purpose can no longer be fulfilled.
Conclusion
Section 92 CPC is a vital provision that safeguards public charitable and religious trusts from mismanagement, misuse, and administrative failures. It empowers courts to supervise trust administration, remove erring trustees, recover trust property, and frame effective management schemes. Through the doctrine of cy pres, the section also ensures that charitable intentions continue to benefit society even when original objectives become impractical. As a result, Section 92 CPC remains one of the most important legal protections for public trusts in India.
