The Charitable and Religious Trusts Act, 1920

(1) This Act may be called the Charitable and Religious Trusts Act,1920. (2) It extends1 to the whole of India 2[except the State of Jammu and Kashmir*]: Provided that the 3[Government of any State] may, by notification in the Official Gazette, directthat this Act, or any specified part thereof, shall not extend to 4[that State or any specified areatherein] or to any specified trust or class of trusts.

In this Act, unless there is anything repugnant in the subject or context, "theCourt" means the Court of the District Judge 1[or any other Court empowered in that behalf by theState Government] and includes the High Court in the exercise of its ordinary original civiljurisdiction.

Saveas hereinafter provided in this Act, any person having interest in any express or constructive trustcreated or existing for public purpose of a charitable or religious nature may apply by petition to thecourt within the local limits of whose jurisdiction any substantial part of the subject-matter of the trustis situate to obtain an order embodying all or any of the following directions, namely:-- (1) directing the trustee to furnish the petitioner through the Court with particulars as to thenature and objects of the trust, and of the value, condition, management and application of thesubject-matter of the trust, and of the income belonging thereto, or as to any of these matters, and (2) directing that the accounts of the trust shall be examined and audited: Provided that no person shall apply for any such direction in respect of accounts relating to aperiod more than three years prior to the date of the petition.

(1) The petition shall show in what way the petitionerclaims to be interested in the trust, and shall specify, as far as may be, the particulars and the auditwhich he seeks to obtain. (2) The petition shall be in writing and shall be signed and verified in the manner prescribed by theCode of Civil Procedure, 1908 (5 of 1908), for signing and verifying plaints.

(1) If the Court on receipt of a petition under section 3, after takingsuch evidence and making such inquiry, if any, as it may consider necessary, is of opinion that thetrust to which the petition relates is a trust to which this Act applies, and that the petitioner has aninterest therein, it shall fix a date for the hearing of the petition, and shall cause a copy thereof,together with notice of the date so fixed, to be served on the trustee and upon any other person towhom in its opinion notice of the petition should be given. (2) On the date fixed for the hearing of the petition, or on any subsequent date to which the hearingmay be adjourned, the Court shall proceed to hear the petitioner and the trustee, if he appears, and anyother person who has appeared in consequence of the notice, or who it considers ought to be heard,and shall make such further inquiries, if any, as it thinks fit. The trustee may and, if so required by theCourt, shall at the time of the first hearing or within such time as the Court may permit present awritten statement of his case. If he does present a written statement, the statement shall be signed andverified in the manner prescribed by the Code of Civil Procedure 1908 (5 of 1908), for signing andverifying pleadings. (3) If any person appears at the hearing of the petition and either denies the existence of the trust ordenies that it is a trust to which this Act applies, and undertakes to institute within three months a suitfor a declaration to that effect and for any other appropriate relief, the Court shall order a stay of theproceedings and, if such suit is so instituted, shall continue the stay until the suit is finally decided. (4) If no such undertaking is given, or if after the expiry of the three months no such suit has beeninstituted, the Court shall itself decide the question. (5) On completion of the inquiry provided for in sub-section (2), the Court shall either dismiss thepetition or pass thereon such other order as it thinks fit: Provided that, where a suit has been instituted in accordance with the provisions ofsub-section (3), no order shall be passed by the Court which conflicts with the final decision therein. (6) Save as provided in this section, the Court shall not try or determine any question of titlebetween the petitioner and any person claiming title adversely to the trust.