51. 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 50, they shall apply to the Charity Commissioner in writing for his consent. The Charity Commissioner, after hearing the parties and after making such inquiry as he thinks fit, may within a period of six 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 state the reasons for the refusal.(2)If the Charity Commissioner refuses his consent to the institution of the suit under sub-section (1) the persons applying for such consent may file an appeal to the [Bombay] [See section 2B of Gujarat Act.] Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1939 (Bombay XII of 1939), in the manner provided by this Act.(3)In every suit filed by persons having interest in any trust under section 50, the Charity Commissioner shall be a necessary party.(4)Subject to the decision of the [Bombay] [See section 2B of Gujarat Act.] Revenue Tribunal in appeal under section 71, the decision of the Charity Commissioner under sub-section (1) shall be final and conclusive.
