JUDGMENT :- This is an appeal on behalf of the Charity Commissioner against the order dated December 17, 1965, made by Mr. Judge Zambre directing that clauses 7 and 8 of the scheme framed by the Charity Commissioner be dropped and consequential modifications be made in the scheme.

2. Mr. Naik for the Charity Commissioner has submitted that the finding made by the learned Judge that having regard to the scheme of Sections 47 and 47 AA the power vested in the Charity Commissioner under section 50A of the Bombay Public Trusts Act, 1950, to frame a scheme does not include power to appoint trustees is contrary to the intent of the provisions in section 50 A and not sustainable. The observation of the learned Judge that a scheme framed in respect of a public trust under section 50A by the Charity Commissioner would be a set of rules for guidance of the trustees and may provide for number of the trustees and the mode of appointment of trustees and vesting of the trust properties in trustees so appointed and such similar matters but the Charity Commissioner is not empowered to appoint trustees of the scheme is not warranted and is contrary to the provisions of the Act.

3. Mr. Chitale for r

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