Chapter II ESTABLISHMENT.

The State Government may, by notification in the Official Gazette, appoint an Officer to be called the Charity Commissioner, who shall exercise such powers and shall perform such duties and functions as are conferred by or under the provisions of this Act and shall, subject to such general or special orders as the State Government may pass, superintend the administration and carry out the provisions of this Act throughout the State: Provided that on and after the commencement of the Bombay Charity Commissioner (Regional Reorganisation) Order, 1960, made under the Bombay Statutory Corporations (Regional Reorganisation) Act, 1960, the State Government of Bombay may, by notification in the Official Gazette, appoint separate Officers to be called the Charity Commissioner, Bombay and the Charity Commissioner, Gujarat whose jurisdiction shall extend over the Maharashtra region and the Gujarat region, respectively, as defined in that Act. Where two separate Charity Commissioners are appointed, any reference in this Act to the Charity Commissioner shall, unless the context otherwise requires, be construed as a reference to the Charity Commissioner having jurisdiction.

The State Government may, by notification in the Official Gazette, appoint one or more Officers to be called Joint Charity Commissioners who shall, subject to the control of the Charity Commissioner, and to such general or special order as the State Government may pass, exercise all or any of the powers and perform all or any of the duties and functions, of the Charity Commissioner.

A person to be appointed as the Charity Commissioner or a joint Charity Commissioner shall be one- (a) who is holding or has held a judicial office not lower in rank than that of a District Judge or a judge of the Bombay City Civil Court, or the Chief Judge of the Presidency Small Cause Court, or (b) who has been for not less than ten years- (i) an advocate enrolled under the Indian Bar Councils Act, 1926, (ii) an attorney of High Court, or (iii) a pleader enrolled under the Bombay Pleaders Act, 1920.

(1) The State Government may also appoint such number of Deputy and Assistant Charity Commissioners for such regions or sub-regions or for such public trust or such class of public trusts as may be deemed necessary. (2) A person to be appointed as a Deputy Charity Commissioner shall be one- (a) who is holding or has held a judicial office not lower in rank than that of a Civil Judge (Senior Division) or a Judge of the Court of Small Causes of Bombay or any office which in the opinion of the State Government is an equivalent office, or (b) who has been for not less than eight years,- (i) an advocate enrolled under the Indian Bar Councils Act, 1926, (3) The Deputy and Assistant Charity Commissioners shall exercise such powers and perform such duties and functions as may be provided by or under the provisions of this Act

For the purpose of carrying out the provisions of this Act, the State Government may appoint the Director of Accounts and Assistant Directors of Accounts possessing the prescribed qualifications, Inspectors and other Subordinate officers and assign to them such powers, duties and functions under this Act, as may be deemed necessary: Provided that the State Government may, by general or special order and subject to such conditions as it deems fit to impose, delegate to the Charity Commissioner, the Joint Charity Commissioner and the Deputy and Assistant Charity Commissioners powers to appoint subordinate officers and servants as may be specified in the order.

The Charity Commissioners, the Joint Charity Commissioner, the Deputy and Assistant Charity Commissioner, the Director of Accounts, the Assistant Directors of Accounts, the Inspectors and other subordinate officers and servants appointed under this Act shall be the servants of the State Government and they shall draw their pay and allowances from the Consolidated Fund of the State. The conditions of service of such officers shall be such as may be determined by the State Government.

There shall be paid every year out of the Public Trusts Administration Fund to the State Government such cost as the State Government may determine on account of the pay, pension, leave and other allowances of the Charity Commissioner, the Joint Charity Commissioner, the Deputy and Assistant Charity Commissioners, the Director of Accounts, the Assistant Directors of Accounts, the Inspectors and other subordinate officers and servants appointed under this Act.

(1) The assessors shall be appointed in the manner provided in Chapter IX for any region or sub-region or with respect to any particular public trust or class of public trusts or in connection with any particular matter or class of matters to such trust or class of trusts. (2) The assessors shall perform such functions as may be provided by or under the provisions of this Act

(1) The State Government may delegate any of its own powers or functions under this Act to the Charity Commissioner or any other officer subject to such conditions as it thinks fit. (2) The State Government may also direct that any powers exercisable and duties or functions to be performed by any particular officer appointed under this Act may be performed by any other officer subject to such conditions as it thinks fit.