Section 72 in The Maharashtra Public Trusts Act, 1950
72. Application from Charity Commissioner’s decision under section 40, 41, 41C and 43(2)(a) and (c), 50A, 70 or 70A, etc.––
(1)Any person aggrieved by the decision of the Charity Commissioner under section 40, 41, 41C and 43 (2)(a) and(c), 50A, 70 or 70A or on the questions whether a trust exists and whether such trust is a public trust or whether any property is the property of such trust may, within sixty days from the date of the decision, apply to the court to set aside the said decision.(1A)No party to such application shall be entitled to produce additional evidence, whether oral or documentary, before the Court, unless the Deputy or Assistant Charity Commissioner or the Charity Commissioner has refused to admit evidence which ought to have been admitted or the Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment or for any other substantial cause the Court thinks it necessary to allow such additional evidence:Provided that whenever additional evidence is allowed to be produced by the Court, the Court shall record the reason for its admission.(2)The court after taking evidence if any, may confirm, revoke or modify the decision or remit the amount of the surcharge and make such orders as to costs as it thinks proper in the circumstances.(3)Pending the disposal of an application under sub-section (2), all proceedings for surcharge shall be stayed if the person aggrieved makes out a prima facie case for a stay order.(4)An appeal shall be to the High Court, against the decision of the court under sub-section (2) as if such decision was a decree from which an appeal ordinarily lies.Explanation.— In this section, the expression “decision” shall include a scheme framed or modified under section 50A.
