(1)[If upon an application made to him or otherwise] [These words were substituted for the words 'if at any time' by Bombay 28. of 1953, Section 12(i).] the Charity Commissioner is of opinion that-(a)the original object for which the public trust was created has failed;(b)the income or any surplus balance of any public trust has not been utilised or is not likely to be utilised;(c)[in the case of a public trust other than a trust for a religious purpose, it is not in public interest] [Substituted for the words 'it is not in public interest' by Bombay 59. of 1954, Section 5.] expedient, practicable, desirable, necessary or proper to carry out wholly or partially the original intention of the author of the public trust or the object for which the public trust was created and that the property or the income of the public trust or any portion thereof should be applied to any other charitable or religious object, or(d)in any of the cases mentioned in sections 10 to 13 or in regard to the appropriation of the dharmada sums held in trust under section 54 the directions of the court are necessary, the Charity Commissioner shall [require the trustees to apply within the prescribed time for directions to the Court within the local limits of whose jurisdiction the whole or part of the subject-matter of the trust is situated.] [These words were substituted for the words 'give notice in writing to, the trustees to apply to the Court within the time prescribed for directions' by Bombay 28 of 1953, Section 12(ii).](2)If the trustees fail to make the application as required under sub-section (1) or if the Charity Commissioner himself is a trustee or if there is no trustee of the public trust, the Charity Commissioner shall make an application to the Court.
