Chapter IX ASSESSORS.

(1) On such date as may be prescribed, the Deputy or Assistant Charity Commissioner shall prepare lists of persons liable to serve as assessors. (2) Every person between the ages of 25 and 65 shall, except as may be prescribed by rules, be liable and serve as an assessor under this Act. (3) In the preparation of the lists, regard shall be had to the property, character, education, and religion of persons whose names are entered therein. (4) The lists so prepared shall be submitted to the Charity Commissioner and when approved by him shall be published in the Official Gazette. (5) The lists published under sub-section (4) shall be in operation for a period of three years : Provided that the Charity Commissioner may before the expiry of the said period direct any additions or alterations to be made therein. (6) The lists published under sub-section (4) shall notwithstanding anything contained in sub-section (5) be deemed to be valid and in operation for a further period of one year or until new lists are prepared in substitution thereof, whichever period expires first.

Every person summoned to serve as an assessor by the Charity Commissioner or Deputy or Assistant Charity Commissioner shall attend at the time and place when and where he is so summoned to attend, unless he is prevented from such attendance by a reasonable excuse.

In the following proceedings assessors shall be summoned to assist and advise the Charity Commissioner, Deputy or Assistant Charity Commissioner, as the case may be, namely:- (a) an inquiry under section 19 or an inquiry under section 22 relating to a public trust other than a society referred to in section 2(13); (b) [ * * * * ] (c) an inquiry regarding the loss caused to a public trust in consequence of the act or conduct of a trustee or any other person under section 40: (d) any other inquiry in which by rules or a general or special order made by the State Government in this behalf, the assessors are required to assist and advise the Charity Commissioner, the Deputy or Assistant Charity Commissioner or any other officer appointed under this Act: Provided that in inquiries specified in clause (a) where no contest is involved the Deputy or Assistant Charity Commissioner may for reasons to be recorded in writing order that assessors shall not be so summoned.

(1) The Charily Commissioner or Deputy or Assistant Charity Commissioner shall choose, such number of assessors not less than three and not more than five as he deems fit to aid and assist him. In any inquiry relating to a public trust which is for the benefit of the members belonging to a particular religious denomination, the assessors chosen shall, as far as may be practicable, belonging to the said religious denomination. (2) At the conclusion of the inquiry he shall record their opinion in writing and require them to sign it. The opinion so recorded shall form part of the proceedings and due consideration shall be given to it in passing an order or arriving at a decision or making a report in the inquiry. (3) If in the course of any inquiry at any time before its conclusion, any assessor is from any sufficient cause, prevented from attending throughout the inquiry or absents himself and it is not practicable to enforce the attendance, the inquiry may be proceeded with the aid of the other assessor or assessors. (4) If all the assessors are prevented from attending or absent themselves, without sufficient cause, the inquiry shall be proceeded with the aid of fresh assessors : Provided that if the Charity Commissioner or Deputy or Assistant Charity Commissioner holding the inquiry is satisfied that for sufficient and adequate reasons the inquiry need not be delayed, he shall complete the inquiry and where the enquiry is held by the Deputy or Assistant Charity Commissioner, he shall report the matter to the Charity Commissioner. (5) The assessors shall be entitled to such allowances as may be prescribed.