Code
93. Exercise of powers of Advocate-General outside presidency-towns.—
The powers conferred by sections 91 and 92 on the Advocate-General may, outside the presidency-towns, be, with the previous sanction of the State Government, exercised also by the Collector or by such officer as the State Government may appoint in this behalf.
Explanation of Section 93 CPC
Section 93 of the Code of Civil Procedure, 1908 extends the powers granted to the Advocate-General under Sections 91 and 92 CPC to certain government officers outside the presidency towns.
Sections 91 and 92 CPC deal with matters involving public nuisances, wrongful acts affecting the public, and public charitable or religious trusts. Normally, the Advocate-General has the authority to institute suits in such cases to protect public interests.
However, the Advocate-General may not always be readily available in every region. Therefore, Section 93 CPC permits the exercise of these powers by the Collector or any other officer appointed by the State Government.
This delegation can only occur with the prior sanction of the State Government.
Purpose of Section 93 CPC
The primary purpose of Section 93 CPC is to ensure that public interests are protected efficiently throughout the State.
Public nuisances and trust-related disputes can arise in remote areas where immediate action may be required. If only the Advocate-General could initiate proceedings, unnecessary delays might occur.
Therefore, the law allows designated government officers to act on behalf of the public and institute proceedings where necessary.
As a result, public rights receive timely legal protection.
What Are Presidency Towns?
Historically, the term presidency towns referred to the major colonial administrative cities of:
- Calcutta (Kolkata)
- Bombay (Mumbai)
- Madras (Chennai)
Section 93 CPC primarily addresses areas outside these cities.
The provision was introduced to ensure that public-interest litigation concerning trusts and public nuisances could be initiated effectively in other parts of India.
Who Can Exercise These Powers?
Collector
The Collector may exercise the powers available to the Advocate-General under Sections 91 and 92 CPC.
However, this can only be done after obtaining prior approval from the State Government.
Other Appointed Officers
The State Government may appoint any suitable officer to exercise these powers.
Such appointment ensures that public causes can be pursued even when the Advocate-General is not directly involved.
Connection with Sections 91 and 92 CPC
Section 93 CPC does not create independent powers.
Instead, it allows certain officers to exercise powers already granted under:
Section 91 CPC
Relating to public nuisances and wrongful acts affecting the public.
Section 92 CPC
Relating to public charitable and religious trusts.
Therefore, the Collector or appointed officer can institute suits in matters that would otherwise be handled by the Advocate-General.
Importance of Section 93 CPC
Section 93 CPC strengthens access to justice in matters affecting public welfare.
It ensures that public nuisances, trust mismanagement, and other community-related issues can be addressed promptly without procedural hurdles.
The provision also decentralizes authority and enables local administrative officers to protect public interests more effectively.
Consequently, Section 93 CPC plays an important role in the enforcement of public rights and the proper administration of charitable and religious trusts.
Illustration
Illustration 1
A public charitable trust in a rural district is being mismanaged by its trustees.
Instead of waiting for the Advocate-General to initiate proceedings, the Collector, with the State Government’s sanction, files a suit under Section 92 CPC.
Illustration 2
An illegal structure blocks a public road used by villagers.
The appointed government officer initiates a suit under Section 91 CPC to remove the obstruction and protect public rights.
Illustration 3
A religious trust is diverting funds away from its intended charitable purpose.
An officer authorized by the State Government exercises the powers available under Section 92 CPC and seeks court intervention.
Common Questions and Answers
1. What is the purpose of Section 93 CPC?
Answer:
Section 93 CPC allows the Collector or other government-appointed officers to exercise the powers of the Advocate-General under Sections 91 and 92 CPC outside presidency towns.
2. Can a Collector file suits under Sections 91 and 92 CPC?
Answer:
Yes. A Collector may exercise these powers with the prior sanction of the State Government.
3. Does Section 93 CPC create new powers?
Answer:
No. It only authorizes certain officers to exercise powers already available to the Advocate-General under Sections 91 and 92 CPC.
4. Why is State Government sanction necessary?
Answer:
The requirement ensures proper supervision and prevents unauthorized use of powers affecting public interests and public trusts.
Conclusion
Section 93 CPC ensures that public-interest litigation concerning public nuisances and charitable or religious trusts is not restricted to the Advocate-General alone. By allowing Collectors and other authorized officers to exercise these powers with State Government approval, the provision promotes efficient enforcement of public rights throughout India. Consequently, Section 93 CPC strengthens the administration of justice and facilitates timely intervention in matters affecting the public welfare.
