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State of Gujarat - Section

Section 53 in Gujarat Public Trusts Act, 2011

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.