section 28
Miscellaneous provisions
The Madhya Pradesh Maa Sharda Devi Mandir Adhiniyam, 2002(1) Miscellaneous administrative provisions. (2) Provisions for handling conflict of interest. (3) Compliance with audit directives. (4) Reporting obligations. (5) Provisions referencing the M.P. Religious Trusts and Endowments Act, 1951. (1) If the State Government on the recommendation of the Collector or otherwise is satisfied that the committee is not performing its duties as per the provisions of this Act or is indulging in mismanagement or misappropriation of the temple fund or is acting in a manner which is against the interest of the temple or the devotees, it may after giving a reasonable opportunity of being heard to the committee issue a show cause notice to dissolve the committee. (2) If the State Government is not satisfied with the reply submitted by the committee, it may, by notification, dissolve the committee and appoint an administrator. (3) The committee shall, upon the issue of notification under sub-section (2), stand dissolved and the members thereof shall vacate their offices. (4) The administrator so appointed shall perform all the functions, duties and exercise all the powers which are required to be performed or exercised by the committee and the chairperson under this Act and the rules made thereunder. (5) The administrator appointed under sub-section (1) may, with the prior approval of the State Government, delegate his powers to any officer of the State Government, and the officer so authorized shall exercise the powers and perform the duties of the administrator within the local limits of the jurisdiction as specified in the order of the State Government. The administrator shall also have the power to appoint any officer or employee of the temple and such officer or employee shall be governed by the Madhya Pradesh Civil Services (General Conditions of Service) Rules, 1961. (1) Any person aggrieved by an order passed by the Tahsildar under Section 27 may, within thirty days from the date of the receipt by him of such order, prefer an appeal in writing to the Sub-Divisional Officer having jurisdiction. (2) On such appeal being preferred, the Sub-Divisional Officer may order stay of further proceedings in the matter pending decision on the appeal. (3) The Sub-Divisional Officer shall call for the records of the case from the Tahsildar and after giving in notice in the manner prescribed to the appellant and the Administrator and if necessary, after making such further inquiry as he thinks fit, decide the appeal. (4) The decision of the Tahsildar shall, subject to the decision of the Sub-Divisional Officer, be final and shall be conclusive evidence of the encroachment : Provided that nothing in the Section shall prevent the encroacher from instituting a suit in the Civil Court having jurisdiction on the ground that the Mandir has no title to the land or building. (5) Where no appeal against an order of the Tahsildar has been preferred under sub-section (1) or where an appeal has been preferred and dismissed the Administrator may remove the encroachment and obtain possession of the land or building encroached upon. Any Police Officer whose help is required for this purpose shall be bound to render the necessary help to the Administrator.
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