section 16
religious charity
The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959“religious charity” means a public charity associated with Hindu festival or observance of a religious character, whether it be connected with a math or temple or not; This section was omitted by section 6 of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1968. (2) If any such decision or order has been passed by any Joint or Deputy or Assistant Commissioner, or by the trustee of any religious institution other than a math or a specific endowment attached to a math and other than one included in the list published under section 46, and it appears to the Commissioner that the decision or order should be modified, annulled, reversed or remitted for reconsideration, he may pass orders accordingly. (3)(a) If any such decision or order has been passed by the trustee of any religious institution included in the list published under section 46, the Commissioner may, if he thinks fit, remit the matter together with his observations in regard thereto, to the trustee, for reconsideration of the decision or order and report to the Commissioner within a time to be specified by him in this behalf. (b) On receipt of, and after considering, such report, it shall be open to the Commissioner to modify, annul or reverse the decision or order as revised after such reconsideration, as the case may be. (c) If the report is not received by the Commissioner within the time specified or such further time as may be granted by him, the Commissioner may modify, annul or reverse the decision or order of the trustee. (4)(a) The Commissioner may call for and examine the record of any trustee of a math or a specific endowment attached to math in respect of any proceeding under this Act (not being a proceeding in respect of which a suit or appeal to a Court is provided by this Act) to satisfy himself as to the legality of any decision or order passed therein. (b) If any such decision or order has been passed illegally by the trustee of a math or a specific endowment attached to a math and it appears to the Commissioner that the decision or order should be modified, annulled, reversed or remitted for reconsideration, he may pass orders accordingly. (5). The Commissioner shall not pass any order prejudicial to any party under sub-section (2), or clause (b) or clause (c) of sub-section (3) or under clause (b) of sub-section (4), without hearing him or giving him a reasonable opportunity of being heard. (6). The Commissioner may stay the execution of any decision or order of the nature referred to in sub-section (1) or clause (a) of sub-section (4), pending the exercise of his powers under sub-section (2) or sub-section (3) or under clause (b) of sub-section (4) in respect thereof. (7). Every application to the Commissioner for the exercise of his powers under this section shall be preferred within three months from the date on which the order or proceeding to which the application relates was communicated to the applicant.
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