Vidhi Codex

section 16

Power to act for protection of Hindu Public Religious Institution and Charitable Endowments

The Himachal Pradesh Hindu Public Religious Institution and Charitable Endowments Act, 1984
Civil198437 sections
Read full ActSections
Statutory text
  1. (1) Where the Commissioner has the reason to believe that,-
    • (a) any property belonging to a Hindu Public Religious and Charitable Endowments is in danger of being wasted, damaged or improperly alienated by any trustee or any person, or
    • (b) the trustee or such person threatens, or intends to remove or dispose of that property, the Commissioner may, by order grant a temporary injunction or make such other order, for the purpose of staying and preventing the wastage, damage, alienation, sale, removal, or disposition of such property, on such terms as to the duration of injunction, keeping of accounts, giving security, production of the property or otherwise, as he thinks fit.
  2. (2) The Commissioner shall in all such cases, except where it appears that the object of granting injunction would be defeated by delay, before granting an injunction, give notice of the facts to the trustee or person concerned.
  3. (3) After hearing the trustee or person concerned and holding such inquiry as he may think fit, the Commissioner may confirm, discharge, vary or set aside the order of injunction or pass an appropriate order.
  4. (4) In case of disobedience or breach of any injunction, any of its terms or any order passed under this section, the Commissioner may apply to the Financial Commissioner, who may, after hearing the Commissioner and the party affected, order the property of the person, guilty of such disobedience or breach, to be attached, and may also order the said person to be detained in civil prison for a term not exceeding one year. No attachment under this sub-section shall remain in force for more than two years, at the end of which time, if the disobedience or breach continues, the property attached may be sold, and out of the proceeds, the Financial Commissioner may award such compensation as he thinks fit, and shall pay the balance, if any, to the person entitled thereto, and thereupon the temporary injunction granted or any order passed by the Commissioner under this section, if in force, shall stand vacated or, as the case may be, cancelled.
  5. (5) A trustee or a person, against whom, the order of injunction or any other order under this section is passed, may, within ninety days from the date of communication of such order, appeal to the Financial Commissioner against such order.

Study data processing for this section.

PDF: pending for this language.