Chapter VII-A SPECIAL PROVISION AS RESPECTS RELIGIOUS AND CHARITABLE

(1) The provisions of this Chapter shall apply to every temple, mosque or endowment created for a public religious or charitable purpose (hereinafter in this Chapter referred to as "the endowment"), Which vests in, or the management of which vests in, the State Government and which- (a) has been registered under the provisions of this Act as, or (b) is declared by the State Government by notification, in the Official Gazette, after such inquiry as it thinks fit, and after previous publication, to be a public trust. On such declaration such endowment shall be deemed to be a registered public trust for the purposes of this Act and the provisions of Chapter IV relating to the registration of public trusts, shall, as far as may be, apply to the making of entries in the register kept under section 17, provided that such entries shall also confirm to the provisions of this Chapter. The entries so made shall be final and conclusive. (2) The State Government shall, as soon as may be after the commencement of this Chapter, publish in the Official Gazette a list of such endowments as are registered as, or declared to be, public trusts; and the State Government may, by like notification and in like manner, add to or delete from such list any endowment entered therein.

The State Government shall, from such date as it determines, and in the manner hereinafter provided, transfer the endowment, or the management thereof to a committee (hereinafter referred to as "committee") and thereupon such endowment together with all the immoveable or moveable property appertaining thereto, or as the case may be, management thereof, shall vest in the members of such committee; and the members of the committee shall be the trustees of such endowment within the meaning and for the purposes of this Act.

(1) Notwithstanding anything contained in sections 47 and 50 for the purpose of vesting or transferring the management of the endowment under the provisions of this chapter, to a Committee, the State Government shall, by notification in the Official Gazette, appoint (under such name as may be specified in the notification) one or more committees for each district. (2) The committee shall have power to acquire, hold and dispose of property, subject to such conditions and restrictions as may be prescribed, and may sue and be sued in the names of all the members of the committee. (3) A committee shall consist of not less than five and not more than seven members, and the members in the case of a religious endowment shall and in any other case may, be appointed from amongst persons professing the religion or belonging to the religious denomination (or any section thereof), for the purposes of which or for the benefit of whom the endowment was founded, or is being administered. The members shall be appointed, as far as possible, and in accordance so far as can be ascertained with the general wishes of those who are interested in the administration, of such endowment.

(1) A member shall be appointed to a committee for a period of five years, but shall be eligible for re-appointment. (2) A member may, by writing under his hand addressed to the State Government resign his membership of a committee: Provided that such resignation shall not take effect until the resignation has been accepted by the State Government,

(1) A person shall be disqualified for appointment as, or for being, a member of a committee if he- (a) is a minor; (b) has been convicted by a criminal court of any offence involving moral turpitude; (c) is of unsound mind, and is so declared by a competent court; (d) is an undischarged insolvent; (e) has directly or indirectly interest in a lease or any other transaction relating to the property vesting in the committee; (f) is a paid servant of the committee or has any share or interest in a contract for the supply of goods to, or for the execution of any works, or the performance of any service, undertaken by the committee in respect of the endowment; (g) is found to be guilty of misconduct by the State Government; (h) in the case of a religious endowment ceases to profess the religion or to belong to the religious denomination for which the committee is appointed; or (i) is otherwise unfit. (2) If it appears to the State Government that a member has incurred any of the disqualifications aforesaid, the State Government may, after giving such member an opportunity of showing cause, and after considering any such cause shown, remove such person from membership and the decision of the State Government shall be final. (3) Notwithstanding anything contained in any other law for the time being in force, a member of the committee shall not be disqualified from being chosen as, and for being a member of, the Gujarat Legislative Assembly or any local authority by reason only of the fact that he is a member of such committee.

The State Government may appoint a new member, when a member of a committee- (a) resigns or dies; (b) is for a continuous period of six months absent from India without leave of the Charity Commissioner; (c) leaves India for the purpose of residing abroad; (d) desires to be discharged; (e) refuses to act; or (f) is removed by the State Government.

(1) The State Government shall, from amongst the members of a committee, appoint a chairman and shall also appoint a treasurer. (2) The State Government may direct that the chairman, treasurer and other members of the committee may be paid such honorarium or fees and allowances from such fund and in such manner as may be prescribed.

The committee shall meet at such intervals and follow such procedure in exercising its powers and discharging its duties and functions as may be prescribed; but the day-to-day proceedings and routine business shall be despatched in accordance with regulations made by it, and approved by the State Government.

A committee may by resolution appoint such sub-committees as it may think fit, and may delegate to them such powers and duties as it specifies in the resolution; and a committee or sub-committee may associate with itself, generally or for any particular purpose, in such manner as may be determined by regulations, any person who is not a member, but whose assistance or advice it may desire; and the person associated as aforesaid shall have the right to take part in the discussions of the committee or sub-committee, relevant to that purpose, but shall not have the right to vote at any meeting thereof.

(1) The State Government may appoint a Secretary to the Committee. (2) The committee may appoint such officers (other than the Secretary) and servants as it thinks necessary for the efficient performance of the duties and functions of the committee under this Act: Provided that no officer or servant who is paid or is to be paid a salary of over one hundred rupees per mensem shall be appointed by a committee without the previous approval of the State Government.

(1) The Secretary, officers and servants shall be appointed on such terms and conditions as to service as may be prescribed by rules, or, as the case may be, by regulations made by the committee. (2) The salary and allowances of the Secretary, officers and servants of a committee shall be paid out of such funds as may be prescribed.

(1) Subject to the general and special orders of the State Government, it shall be the general duty of a committee to manage and administer the affairs of the endowment which vests in, or the management of which vests in it. It shall be the duty of a committee to so exercise the powers conferred and discharge the duties and functions imposed upon it, by or under this Act or under any instrument of trust, or a scheme, for the time being in force relating to such endowment as to ensure that such endowment is properly maintained, controlled and administered and the income thereof is duly applied to the object and purposes for which it was created, intended or to be administered. (2) In particular, but without prejudice to the generality of the foregoing provision, a committee shall- (a) maintain a record containing information relating to the origin income, object and the beneficiaries of every such endowment; (b) prepare a budget estimating its income and expenditure; (c) make regular payment of salaries and allowances and other sums payable to the Secretary, officers and servants of a committee from such fund as may be prescribed;

No act or proceeding of a committee shall be invalid by reason only of the existence of any vacancy amongst its members, or any defect in the constitution thereof.

The State Government may, from time to time, for the better management or administration of any endowment issue directions to a committee.

The Charity Commissioner may, with the previous sanction of the State Government, provide for the performance of any duty which a committee is bound to perform under the provisions of this Act, or the rules or directions made or given thereunder, and may direct that the expenses of the performance of such duty be paid by any person who may have from time to time the custody of any fund belonging to the committee. If such duty is in connection with any endowment the payment shall be made out of the funds belonging to the said endowment.

(1) If the State Government is of opinion that a committee is unable to perform or has persistently made default in the performance of, the duties imposed upon it by or under this Act, or has exceeded or abused its powers, the State Government may, by notification in the Official Gazette supersede the committee for such period as may be specified in the notification:

Provided that, before issuing a notification under this sub-section, the State Government shall give a reasonable opportunity to the committee to show cause why it should not be superseded and consider the explanations and objections, if any, of the committee.

(2) Upon the publication of a notification under sub-section (1) superseding a committee-

(a) all the members of the committee shall, as from the date of supersession, vacate their offices as such members;

(b) all the powers, duties and functions which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the committee, shall, during the period of supersession, be exercised and performed by such person or persons as the State Government having regard to the provisions of sub-section (I) of section 56G may direct; and

(c) all property vested in, or the management of which is vested in, the committee shall during the period of supersession vest in the State Government.

(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the State Government may-

(a) extend the period of supersession for such further period as it may consider necessary, or

(b) reconstitute the committee in the manner provided in section 56E.

(1) The committee may, with the approval of the State Government make regulations not inconsistent with this Act or the rules made thereunder for carrying out its functions under this Act.

(2) In particular, but without prejudice to the generality of the foregoing provision, such regulations may provide for all or any of the following matters, namely:-

(i) despatch of day-to-day proceedings and routine business of the committee under section 56J;

(ii) the manner in which any person who is not a member of a committee, or sub-committee may be associated with such committee or sub-committee as the case may be, under section 56K;

(iii) terms and conditions of service of the servants of a committee under section 56M.

Except so far as is expressly provided in the provsions of this Chapter, nothing in sections 18, 19, 20, 21, 44, 45, 46, 47, 47A, 47B, 50, 50A, 59, 66 and 67 shall apply to the endowments to which this Chapter applies.