Chapter VI CONTROL

(1) The Charity Commissioner, the Deputy or Assistant Charity Commissioner or any officer authorised by the State Government by a general or special order shall have power- (a) to enter on and inspect or cause to be entered on and inspected any property belonging to a public trust; (b) to call for or inspect any extract from any proceedings of the trustees of any public trust and any books of accounts or documents in the possession, or under the control, of the trustees or any person on behalf of the trustees; (c) to call for any return, statement, account or report which he may think fit from the trustees or any person connected with a public trust: Provided that in entering upon any property belonging to the public trust the officers making the entry shall give reasonable notice to the trustee and shall have due regard to the religious practices or usages of the trust. (2) It shall be the duty of every trustee to afford all reasonable facilities to any officer exercising any of the powers under sub-section (1) and the trustees and person referred to in sub-section (1) shall comply with any order made or direction issued by such officer in exercise of the power conferred upon him by or under sub-section (1).

On receipt of a report of the auditor under section 34 or of a report, if any, made by an officer authorised under section 37 the Deputy or Assistant Charity Commissioner to whom the report is submitted shall require the trustee or any other person concerned to submit an explanation thereon within such period as he thinks fit.

On considering the report referred to in section 38, and the accounts and explanation, if any, furnished by the trustees or any other person, and after holding an inquiry in the prescribed manner, the Deputy or Assistant Charity Commissioner shall record his finding as to whether the trustees or any other person have been guilty of gross negligence, a breach of trust, misapplication or misconduct which has resulted in loss to the public trust and make a report thereof to the Charity Commissioner.

The Charity Commissioner shall, after considering the report of the Deputy or Assistant Charity Commissioner, giving an opportunity to the person concerned and holding such inquiry as he thinks fit, determine- (a) the amount of loss caused to a public trust; (b) whether such loss was due to any gross negligence, breach of trust, misapplication or misconduct on the part of any person; (c) whether any of the trustees, or any other person was responsible for such loss; (d) the amount which any of the trustees or any other person is liable to pay to the public trust for such loss.

(1) If the Charity Commissioner decides that any person is liable to pay to the public trust any amount for the loss caused to the trust, the Charity Commissioner may direct that the amount shall be surcharged on the person. (2) Subject to the provisions of section 72, the order of the Charity Commissioner under sub-section (1) shall be final and conclusive.

(1) Subject to the provisions of this Act, the Charity Commissioner may, from time to time, issue directions to any trustee of a public trust or any person connected therewith to ensure that such trust is properly administered and the income thereof is properly accounted for or duly appropriated and applied to the objects and for the purposes of the trust (2) It shall be the duty of every such trustee and person to comply with a direction issued to him under sub-section (1).