Section 55 in The Maharashtra Public Trusts Act, 1950
55. Cypres.
(1)If upon an application made to him or otherwise 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 utilized or is not likely to be utilized,(c)in the case of a public trust other than a trust for a religious purpose, it is not in public interest 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 situate and the trustees shall comply with such requisition.(2)If the trustees fail to make the application as required under subsection (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.
