Home / CPC / Section 93
Code of Civil Procedure, 1908 | Section 93

Section 93 CPC: Powers of Advocate-General Outside Presidency Towns

Section 93 of the Code of Civil Procedure, 1908 permits specified State officials, subject to prior State Government sanction, to exercise the Advocate-General's powers under Sections 91 and 92 outside the presidency towns.

Text of Section 93 CPC

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.

Source: Code of Civil Procedure, 1908 (official India Code PDF).

Meaning and scope of Section 93

The provision extends the ability to exercise particular public-interest litigation powers beyond the Advocate-General. It does not transfer every function of the Advocate-General, nor does it itself establish a new cause of action. Its operation is expressly limited to the powers under Sections 91 and 92.

Who may exercise these powers?

  • The Advocate-General: the constitutional law officer of the State, whose relevant statutory powers arise under Sections 91 and 92.
  • The Collector: a district-level officer who may exercise those powers where Section 93 applies and prior State Government sanction has been obtained.
  • Another appointed officer: an officer appointed by the State Government for this purpose, likewise subject to the statutory requirement of previous sanction.

Conditions under Section 93

  1. The proposed action must concern powers conferred on the Advocate-General by Section 91 or Section 92 CPC.
  2. The exercise of the power must be outside the presidency towns referred to in the provision.
  3. The State Government must give its previous sanction, meaning sanction before the power is exercised.
  4. If an officer other than the Collector acts, that officer must also have been appointed by the State Government for this purpose.

Connection with Sections 91 and 92 CPC

Section 91: Public nuisance and wrongful acts affecting the public

Section 91 CPC addresses suits concerning public nuisances or other wrongful acts affecting, or likely to affect, the public. It authorizes the Advocate-General to institute such suits and also permits two or more persons, with the leave of the Court, to sue even without proof of special damage. Section 93 concerns the Advocate-General's statutory power in this context.

Section 92: Public charitable and religious trusts

Section 92 CPC concerns specified suits involving alleged breaches of express or constructive trusts created for public charitable or religious purposes, or cases where judicial directions for their administration are needed. Remedies may include removal or appointment of trustees, accounts, inquiries and settlement of a scheme. Section 93 permits eligible officials to exercise the Advocate-General's powers in this setting, subject to its conditions.

Practical significance

For example, where a public charitable trust situated outside a presidency town is alleged to have suffered a breach of trust, an authorized Collector or appointed officer may be able to invoke the Advocate-General's Section 92 power after obtaining the State Government's prior sanction. The court must still consider the applicable requirements of Section 92, jurisdiction and any governing special or State law.

Important: Section 93 does not dispense with court procedures, expand the substantive remedies available under Sections 91 and 92, or override applicable State-specific enactments. Local amendments, notifications and special laws should be checked for the particular State and institution.

Frequently asked questions

Is prior State Government sanction necessary?

Yes. Section 93 expressly requires previous sanction of the State Government before the Collector or an appointed officer exercises the specified powers.

Can any government officer invoke Section 93?

No. The provision identifies the Collector or another officer appointed by the State Government in this behalf, and requires previous sanction.

Does Section 93 apply to every civil suit?

No. It deals specifically with the Advocate-General's powers under Sections 91 and 92 CPC.

Official legal reference

Consult the official consolidated text of the Code of Civil Procedure, 1908 and applicable State notifications or amendments before taking legal action.

Legal information only. The application of Section 93 depends on the facts, jurisdiction and applicable State law.