Section 92 CPC: Public Charities and Religious Trusts

Section 92 of the Code of Civil Procedure, 1908 provides a special procedure for suits involving the administration of public charitable or religious trusts. It addresses breaches of trust, court supervision, trustee appointments and removal, and application of trust property to suitable purposes.

Legal source: Code of Civil Procedure, 1908 - official India Code text. The application of this provision may be affected by state amendments and special enactments governing particular religious institutions or endowments.

Meaning and scope of Section 92 CPC

A public charitable or religious trust is a trust established for purposes benefiting the public or an identifiable section of the public, rather than merely private beneficiaries. An express trust is deliberately created, ordinarily by an instrument or clear declaration; a constructive trust arises by operation of law or from the circumstances. Section 92 applies where there is an alleged breach of such a trust or the court's direction is necessary for its administration.

A Section 92 suit concerns the trust's public administration and the statutory reliefs. It is not ordinarily the mechanism for enforcing a purely private or individual claim unrelated to those public purposes.

Section 92(1): Who can sue and which court has jurisdiction?

The Advocate-General may institute a suit under Section 92. Alternatively, two or more persons having an interest in the trust may institute it after obtaining leave of the court. The suit may be contentious or non-contentious.

It may be filed in the principal civil court of original jurisdiction or another court empowered by the State Government, within whose territorial jurisdiction the whole or any part of the trust's subject matter is situated. The requirement of leave applies to suits by the interested persons; it is not stated as a prerequisite for the Advocate-General.

Reliefs available under Section 92(1)

The court may grant a decree for any of the following statutory purposes:

Removal of a trustee for appropriate grounds.
Appointment of a new trustee.
Vesting trust property in a trustee.
Delivery of possession: directing a removed or former trustee to deliver trust property to the person entitled to possess it (clause (cc)).
Accounts and inquiries into trust administration.
Allocation of trust property or its interest among particular objects of the trust.
Authorization to let, sell, mortgage or exchange all or part of the trust property.
Settlement of a scheme for administration of the trust.
Further or other relief required by the nature of the case.

The lettering in the legislation is (a), (b), (c), (cc), (d), (e), (f), (g) and (h). The list above follows that statutory sequence.

Section 92(2): Special statutory procedure

Subject to the Religious Endowments Act, 1863 and the corresponding laws referred to in Section 92(2), suits seeking the reliefs specified in Section 92(1) in relation to the covered trusts must comply with the procedure in subsection (1). Special state laws may also affect the forum and maintainability of proceedings.

Section 92(3): The cy pres doctrine

Cy pres means applying charitable trust property as nearly as practicable to the trust's original charitable or religious purposes when those purposes can no longer be fully or effectively carried out. Section 92(3) authorizes the court to alter the original purposes and apply property or income cy pres in specified circumstances.

When may the court apply cy pres?

Clause (a): The original purposes have been fulfilled as far as possible, or cannot be carried out at all or in accordance with the trust instrument or its spirit.
Clause (b): The original purposes provide a use for only part of the available trust property.
Clause (c): Trust property can be used more effectively together with other property for similar purposes, consistently with the spirit of the trust.
Clause (d): The original purposes refer to a geographical area that has ceased to be a unit for those purposes.
Clause (e): The purposes have since been adequately provided for elsewhere, become useless or harmful to the community, ceased to be charitable in law, or otherwise ceased to be a suitable and effective use of the property, having regard to the spirit of the trust.

These circumstances do not permit unrestricted diversion of trust assets. The court must consider the statutory conditions and the spirit of the trust.

Practical considerations before filing a Section 92 suit

Confirm that the institution is a public charitable or religious trust and identify the public interest involved.
Identify the alleged breach of trust or why judicial directions are necessary for administration.
For a suit by interested persons, ensure that at least two eligible persons seek the court's leave.
Identify the particular relief under Section 92(1), relevant trust property and competent court.
Check whether a special central or state law governs the institution and whether it modifies the available procedure.

Frequently asked questions

Is leave of court compulsory under Section 92 CPC?

Two or more interested persons must obtain leave of the court to bring a Section 92 suit. The Advocate-General is separately authorized to sue under the provision.

Can the court remove trustees of a public charitable trust?

Yes. Removal and appointment of trustees are expressly listed among the reliefs in Section 92(1).

Does Section 92 CPC apply to every religious dispute?

No. It addresses specified suits concerning public charitable or religious trusts and their administration. Private disputes or proceedings governed by special statutes require separate legal assessment.

Official statutory references

Code of Civil Procedure, 1908 - Section 92 (India Code)

Religious Endowments Act, 1863 (India Code)

This article provides general legal information. State amendments, special trust laws and current judicial interpretations should be checked for a particular dispute.