JAYMAL THAKORE Vs. CHARITY COMMISSIONER GUJARAT STATE

JUDGEMENT

(1.) . The petitioner is a Chartered Accountant and in his professional capacity claims a right to represent his clients both as "recognised agent" and a "Pleader" under a duly executed power of Attorney in his favour in proceedings before the Charity Commissioner under Sec. 50A of the Bombay Public Trust Act, 1950 (hereinafter referred to as 'the Act') which admittedly is applicable to the State of Gujarat.

(2.) This case was to be heard and decided by the learned single Judge, but finding that the question involved is of some general importance, it has been referred for decision by the Division Bench.

(3.) In exercise of powers under Sec. 50A of the Act, the Charity Commissioner is empowered to frame and settle a scheme of management of a public trust after giving opportunity of hearing to the trustees and by public notice to the beneficiaries. Under sub-sec. (4) of Sec. 50A, after hearing the parties and recording evidence, a scheme framed and settled for management of the trust by the Charity Commissioner is said to have effect as a "decree" of a Court passed under Sec. 50, when the Civil Court is approached for preparing such a scheme of management in accordance with the procedure laid down in the said Sec. 50.