Chapter XI FUNCTIOS OF CHARITY COMMISSIONERS, PROCEDURE,

For the purposes of this Act, the following shall be the duties and functions to be performed and powers to be exercised by the Deputy or Assistant Charity Commissioner for the region or sub-region for which he is appointed, namely :- (a) to keep and mantain such books, entries and other documents as may be prescribed under section 17; (b) to hold an inquiry under section 19 or 22 for any of the purposes mentioned in the said section; (c) to record entries in the register kept under section 17 and to make amendments in the said entries under section 22; (cc) to send a memorandom under section 28-A; (d) to enter on and inspect any trust property, to call for and inspect any proceedings of a trustee and to call for any return statement, account or report

For the purposes of this Act, the following shall be the duties to be performed and powers to be exercised by the Charily Commissioner, namely: — (a) the general superintendence of the administration and carrying out the purposes of this Act under section 3; (b) power to entertain and dispose of appeals from the findings of a Deputy or Assistant Charity Commissioner under sections 20, 22 or 28; (c) power to determine which of the Deputy or Assistant Charity Commissioners shall proceed with an inquiry relating to the registration of any public trust under section 25; (d) power to direct a special audit of the accounts of a public trust under section 33; (e) power to require an auditor to forward to him a copy of a balance sheet and income and expenditure account under section 34; (f) power to permit a trustee to invest money of a public trust in any manner other than in public securities under section 35; (g) power to sanction a sale, mortgage, exchange, gift or lease of immovable property belonging to a public trust under section 36; (h) power to enter on and inspect any trust property, to call for and inspect any proceedings of a trustee, and to call for any return, statement, books of account, document or report from trustees or any person connected with a public trust under section 37; (i) power to hold an inquiry in regard to any loss caused to a public trust under section 40 and to order a surcharge under section 41; (j) power to the Charity Commissioner, Bombay, to act as the Treasurer of Charitable Endowments under the Charitable Endowments Act, 1890, under section 43; (k) power to act as a trustee of a public trust; (l) power to file a suit under section 50; (l) power to frame, or modify scheme under section 50A; (m) power to give or refuse consent to the institutions of a suit under section 51; (n) power to give notice to trustees for the cypres application of the trust money and to make an application to the court under section 55; (o) power to publish the lists of assessors under section 62; (p) to exercise such other powers and perform such other duties and functions as may be prescribed.

(1) An appeal against the finding or order of the Deputy or Assistant Charity Commissioner may be filed to the Charity Commissioner in the following cases:- (a) the finding and order, if any, under section 20; (b) the finding under section 22; (b-1) the finding under section 22A; (c) the finding under section 28; (d) the order under sub-section (3) of section 54. (2) No appeal shall be maintainable after the expiration of sixty days from the recording of the finding or the passing of the order, as the case may be. (3) The Charity Commissioner may after hearing the appellant or any person appearing on his behalf, for reasons to be recorded in writing either annul, reverse, modify or confirm the finding of the order appealed against or he may direct the Deputy or Assistant Charity Commissioner to make further inquiry or to take such additional evidence as he may think necessary or he may himself take such additional evidence.

(1) The Charity Commissioner may, in any of the cases mentioned in section 70, call for and examine the record and proceedings of such case before any Deputy or Assistant Charity Commissioner for the purpose of satisfying himself as to the correctness of any finding or order recorded or passed by the Deputy or Assistant Charity Commissioner and may either annul, reverse, modify or confirm the said finding or order or may direct the Deputy or Assistant Charity Commissioner to make further inquiry or take such additional evidence as he may think necessary or he may himself take such additional evidence: Provided that the Charity Commissioner shall not record or pass any order without giving the party affected thereby an apportunity of being heard. (2) Nothing in sub-section (1) shall entitle the Charily Commissioner to call for and examine the record of any case,- (a) during the period in which an appeal under section 70 can lie against any finding recorded by the Assistant or Deputy Charity Commissioner in such case, or (b) in which an order has been passed either in an appeal made under section 70 or 71 or on an application under section 72.

(1) The appeal to the Bombay Revenue Tribunal under sub-section (2) of section 51 against the decision of the Charity Commissioner refusing consent to the institution of the suit shall be filed within sixty days from the date of such decision in such form and shall be accompanied by such fee as may be prescribed. (2) The Bombay Revenue Tribunal after making such inquiry as it thinks fit may confirm, revoke or modify the decision of the Charity Commissioner. (3) The decision of the Bombay Revenue Tribunal shall be final and conclusive.

(1) Any person aggrieved by the decision of the Charity Commissioner under section 40, 41, 50A, 70 or 70A or on the questions whether a trust exists and whether such trust is a public trust or whether any property is the property of such trust may, within sixty days from the date of the decision, apply to the court to set aside the said decision. (1A) No party to such application shall be entitled to produce additional evidence, whether oral or documentary, before the Court, unless the Deputy or Assistant Charity Commissioner or the Charity Commissioner has refused to admit evidence which ought to have been admitted or the Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment or for any other substantial cause to Court thinks it necessary to allow such additional evidence: Provided that whenever additional evidence is allowed to be produced by the Court, the Court shall record the reason for its admission. (2) The Court after taking evidence if any, may confirm, revoke or modify the decision or remit the amount of the surcharge and make such orders as to costs as it thinks proper in the circumstances. (3) Pending the disposal of an application under sub-section (2) all proceedings for surcharge shall be stayed if the person aggrieved makes out a prima facie case for a stay order. (4) An appeal shall lie to the High Court against the decision of the court under sub-section (2) as if such decision was a decree from which an appeal ordinarily lies. Explanation.-In this section, the expression "decision" shall include a scheme framed or modified under section 50A.

In holding inquiries under this Act, the officer holding the same shall have the same powers as are vested in courts in respect of the following matters under the Code of Civil Procedure, 1908, in trying a suit:- (a) proof of facts by affidavits, (b) summoning and enforcing the attendance of any person and examining him on oath, (c) compelling the production of documents, (d) issuing of commissions.

All inquiries and appeals under this Act shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code.

In computing the period of appeal under this Chapter, or of an application under section 72 the provisions of sections 4, 5, 12, and 14 of the Indian Limitation Act, 1908, shall apply to the filing of such appeals and applications.

Save in so far as they may be inconsistent with anything contained in this Act, the provisions of the Code of Civil Procedure, 1908, shall apply to all proceedings before the court under this Act.

All sums payable under section 18, 20, 41, 48, 79A, 79C or 79CC, or under any rule, if not paid, shall notwithstanding anything contained in any law be recoverable as an arrear of land revenue.