Section 9 of CART Act : Section 9: Savings

Explanation using Example

Imagine a scenario where a group of concerned devotees discover that the funds of their local temple, which is a charitable trust, are being mismanaged. They decide to take legal action to protect the trust's assets and ensure they are used appropriately for the temple's maintenance and charitable activities.

Before filing a petition under the Charitable and Religious Trusts Act, 1920, they consult a lawyer who informs them that they cannot proceed with their petition in the following situations:

• If there is already an ongoing lawsuit regarding the temple's trust under section 92 of the Code of Civil Procedure, 1908, which deals with public charities.
• If the temple's trust property is under the management of an official body like the Treasurer of Charitable Endowments or the Official Trustee, which means the trust is already under government oversight.
• If there is an existing court-approved scheme that outlines how the temple's trust should be managed, indicating that the administration of the trust has already been legally addressed.

The lawyer will advise the devotees to first check for these conditions before proceeding with their petition to ensure that their efforts to address the mismanagement are admissible in court.