32. Bar to file suits. – (1) No public trust shall file a suit or other proceeding to enforce a right on behalf of the public trust unless it is registered under this Act.
(2) The Charity Commissioner shall be the necessary party in any suit or proceeding touching or relating to the public trust before any court, tribunal or other authority and no court, tribunal or authority shall take cognizance of such suit or proceeding unless the Charity Commissioner is a party to such suit or proceeding. Any suit or proceeding decided without joining the Charity Commissioner as party shall be null and void.
(3) The provisions of sub-section (1) shall apply to a claim of set-off or other proceedings to enforce a right on behalf of such public trust.
Along with the Section 32 of the Gujarat Public Trust Act , 2011 – You need to Read Section 52 and 53 For More Clarification.
52. Suits relating to public trusts. – In any case, –
(i) where it is alleged that there is a breach of public trust, negligence, misapplication or misconduct on the part of a trustee or trustees;
(ii) where a direction or decree is required to recover the possession of, or to follow a property belonging or alleged to be belonging to a public trust or the proceeds thereof or for an account of such property from a trustee, ex-trustee, alienee, trespasser or any other person including a person holding adversely to the public trust but not a tenant or licensee;
(iii) where the direction of the tribunal is deemed necessary for the administration of any public trust; or
(iv) for any declaration or injunction in favour of or against a public trust or trustee or beneficiary thereof,
the Charity Commissioner after making such inquiry as he thinks necessary, or two or more persons having an interest in case the suit is under sub Clauses (i) to (iii), or one or more such persons in case the suit is under sub-clause (iv) having obtained the consent in writing of the Charity Commissioner or with the permission of the tribunal as provided in section 53 may institute a suit whether contentious or not in the tribunal within the local limits of whose jurisdiction the whole or part of the subject-matter of the trust is situate, to obtain a decree for any of the following reliefs:
(a) an order for the recovery of the possession of such property or proceeds thereof;
(b) the removal of any trustee or manager;
(c) the appointment of a new trustee or manager;
(d) vesting any property in a trustee;
(e) a direction for taking accounts and making certain inquiries;
(f) an order directing the trustees or others to pay to the trust the loss caused to the same by their breach of bust, negligence, misapplication, misconduct or wilful default;
(g) a declaration as to what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust;
(h) a direction to apply the trust property or its income cypres on the line of section 57 if this relief is claimed along with any other relief mentioned in this section;
(i) a direction authorising the whole or any part of the trust property to be Jet, sold, mortgaged or exchanged or in any manner alienated 011 such terms and conditions as the Court may deem necessary;
(j) an order for winding-up of any trust and applying the funds for other charitable purposes;
(k) ait order exonerating the trustees from technical breaches, etc;
(l) an order varying, altering, amending or superseding any instrument of trust:
(m) declaring or denying any right in favour of or against a public trust or trustee or trustees or beneficiary thereof and issuing injunctions in appropriate cases; or
(n) granting any other relief as the nature of the ease may require which would be a condition precedent to or consequential to any of the aforesaid reliefs or is necessary in the interest of tire trust:
Provided that no suit claiming any of the reliefs specified in this section shall be instituted in respect of any public trust, except in conformity with the provisions thereof.
53. Consent of Charity Commissioner for institution of suit. – (1) If the persons having an interest in any public trust intend to file a suit of the nature specified in section 52, they shall apply to the Charity Commissioner in writing for his consent. If the Charity Commissioner, after hearing the parties and making such enquiries as he thinks fit is satisfied that there is a prima facie case, may, within a period of three months from the date on which the application is made, grant or refuse his consent to the institution of such suit. The order of the Charity Commissioner refusing his consent shall be in writing and shall slate the reasons for the refusal. In case the Charity. Commissioner fails to grant, or refuse his consent to the institution of suit within such period, the consent shall be deemed to have been granted.
(2) If the Charity Commissioner refuses his consent to the institution of the suit under sub-section (1), the person aggrieved may institute the suit with the permission of the tribunal.