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Section 93: Exercise of powers of Advocate-General outside presidency-towns

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Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 92 All 158 Sections of Code of Civil Procedure Section 94

Legal Commentary & Landmark Judgments: Section 93

Section 93 provides that the powers conferred on the Advocate-General by Sections 91 (public nuisances) and 92 (public charities) may, outside the presidency-towns, be exercised with the previous sanction of the State Government by the Collector or other authorized officer.

  • Collector's Sanction Jurisdiction: Outside the presidency-towns, the powers of the Advocate-General under Sections 91 and 92 may be exercised by the Collector, or by such officer as the State Government may appoint in this behalf.
  • Prior State Government Sanction: Requires previous sanction of the State Government for the Collector or designated officer to act.
  • Public Nuisance & Public Charities Nexus: Extends oversight over public trusts and environmental nuisances into district territories.
Key Landmark Precedents:
  • Chairman, Madappa v. M.N. Mahanthadevaru, AIR 1966 SC 1544: The Supreme Court analyzed Section 92 and 93, holding that the Advocate-General or authorized Collector under Section 93 acts as parens patriae to protect public charitable trusts from breach of trust.
  • Salem Advocate Bar Association (II) v. Union of India, (2005) 6 SCC 344: Affirmed the supervisory role of state officers in public interest civil litigation under Section 93.
Courtroom Practice & Strategic Litigation Guidance:

In district mofussil territories, a public trust petition under Section 92 can be filed with the written leave of the District Collector exercising powers under Section 93.

Section 92 All 158 Sections of Code of Civil Procedure Section 94