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(a) the original object of the public trust has failed;

(b) the trust property is not being properly managed or administered or

(c) the direction of the Court is necessary for the administration of the public trust he may, after giving the working trustee an opportunity of being heard, direct such working trustee or any other trustee or person having interest in the trust to apply to the court for directions, within such time not exceeding thirty days as may be specified by the Assistant Commissioner.

2. If the working trustee or any other trustee or person having interest in the trust so directed fails to make an application as required, or if there is no trustee of the public trust, or if, for any other person, the Assistant Commissioner considers it expedient to do so, he shall himself make an application to the court.

While entertaining application under Section 38 of the Act of 1959, the Assistant Commissioner is required to make an enquiry for recording its satisfaction about the fact whether original object of the public trust has failed; the trust property is not being properly managed or administered, or the direction of the Court is necessary for the administration of the public trust. In case Assistant Commissioner is satisfied after making inquiry about existence of any one or all of these conditions, it may direct the working trustee or any other trustee or person having interest in the trust to apply to the Court for directions within such time not exceeding thirty days as may be specified by the Assistant Commissioner. As per definition of the 'Court' under the Act of 1959, Court means the District Court concerned within whose jurisdiction the public trust and its properties are situated.