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State of Gujarat - Section

Section 79CC in The Bombay Public Trusts Act, 1950

79CC. [ Compensatory costs for frivolous or vexatious proceedings before Charity Commissioner, etc. [Section 79CC was inserted by Bombay 28 of 1953, Section 17.]

(1)If in an inquiry under section 19 the Deputy or in an inquiry under section 51 the Assistant Charity Commissioner is of the opinion 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 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 sub-section (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 provisions of sections 70 and 71 shall mutatis mutandis apply to such appeal.]