GPTA 79C — Costs of proceedings before Charity Commissioner, etc

Gujarat Public Trusts Act (Bombay Public Trusts 1950 as amended), 2011

Statutory text

The costs, charges and expenses of and incidental to any appeal, application or other proceeding before the Charity Commissioner or the Deputy or Assistant Charity Commissioner shall be in his discretion and he shall have full power to determine by whom or out of what property or funds and to what extent such costs, charges and expenses are to be paid. [79CC.

(1) If in an inquiry under section 19 the Deputy or Assistant Charity Commissioner or in an inquiry under section 51 the Charity Commissioner is of opinon that the application on which such inquiry was commenced was either frivolous or vexatious the Deputy or Assistant Charity Commissioner or the Charity Commissioner, as the case may be, may at the request of the person against whom such application was made (hereinafter referred to as "the opponent") call upon the person making the application (hereinafter referred to as "the applicant") to show cause why the applicant should not pay compensation to the opponent and if the applicant is not present, direct the issue of a summons to him to appear and show cause as aforesaid.

(2) If the Deputy or Assistant Charity Commissioner or the Charity Commissioner, as the case may be, is satisfied that the application was either frivolous or vexatious he may, after recording reasons, order that Recovery of sums due under section 18, [20, 41, 48, 79A, 79C or 79CC] or rules. XLV of1860. Costs of proceedings before Charity Commissioner, etc. Compensatory costs for frivolus or vexations proceedings before Charity Commissioner, etc. compensation to such amount not exceeding two hundred and fifty rupees as he may determine be paid by the applicant to the opponent.

(3) An appeal shall lie against an order awarding compensation under subsection (2) if made by the Deputy or Assistant Charity Commissioner to the Charity Commissioner and if made by the Charity Commissioner to the Bombay Revenue Tribunal and the provisons of sections 70 and 71 shall mutatis mutandis apply to such appeal.]

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