section 28
Powers of inspection by Chief Administrative Officer or persons authorized by him.
The Tamil Nadu Vanniyakula Kshatriya Public Charitable Trusts and Endowments (Protection and Maintenance) Act, 2018Civil201891 sections
Statutory text
- (1) The Chief Administrative Officer with the prior approval of the Board either himself or any other person authorized by him in writing in this behalf, may inspect all movable and immovable properties, which are property of trust or endowment and all records, correspondences, plans, accounts and other documents relating thereto, for the purpose of examining whether, by reason of any failure or negligence on the part of the trustee or administrator in the performance of his administration or administrative duties, any loss or damage has been caused to the property of trust or endowment. (2) Whenever any such inspection as referred to in sub-section (1) is made, the concerned trustee or administrator and all officers and other employees working under him and every person connected with the administration of trust or endowment shall extend all such assistance and facilities as may be necessary and reasonably required by the person making such inspection to carry out his work, and shall also produce any movable property or documents relating to trust or endowment as may be called for by the person making the inspection and furnish to him such information relating to trust or endowment as may be required by him. (3) Where after any such inspection, it appears that the trustee or administrator or any officer or other employee who was working under him had misappropriated, misapplied or fraudulently retained, any money or property of trust or endowment, or had incurred irregular, unauthorized or improper expenditure from the funds of trust or endowment, the Chief Administrative Officer may after giving reasonable opportunity to the trustee or administrator to show cause as to why an order for recovery of the amount or property, should not be passed against him, after considering such explanation, if any furnished by him, determine the amount or the property, which has been misappropriated, misapplied or fraudulently retained, or the amount of the irregular, unauthorized or improper expenditure incurred by such person and make an order directing such person to pay the amount so determined and to restore the said property to the trust or endowment, within such time as may be specified in the order. (4) The trustee or administrator or other person aggrieved by such order may, within thirty days of the receipt of order by him, make an appeal to the Court: Provided that no such appeal shall be entertained by the Court unless the appellant first deposits with the Chief Administrative Officer, the amount which has been determined under sub-section (3) as being payable by the appellant and pending disposal of appeal, the Court shall have no power to make any order of stay of the operation of the order made by the Chief Administrative Officer under sub-section (3). (5) The Court after taking evidence as it may think fit, may confirm, reverse, or modify the order made by the Chief Administrative Officer under sub-section (3), or may remit either in part, or in whole, the amount specified in such order and may make such orders as to cost as it may think appropriate. (6) The order made by the Court under sub-section (5) shall be final.
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