Duty of trustees etc., to hand-over charge to successor and procedure for recovery of possession of institution etc., in case of default

(1) Where a person, who,— (a) is or has been a trustee on the ground of succession of an institution or endowment; or (b) is appointed as trustee, Executive Officer, Office-holder or servant of such institution or endowment; or (c) is appointed to discharge the functions of a trustee of such institution or endowment, in accordance with the provisions of this Act, in any scheme in force at the time of commencement of this Act, ceases to be such, hereditary trustee, trustee, Executive Officer, Office-holder or servant or ceases, to discharge the functions of the trustee (hereinafter referred to as the “ex-office-holder”), on account of the expiry of his term of office or by reason of his suspension, removal or dismissal from office, it shall be the duty of such ex-office-holder, to hand over charge of his office and deliver possession of the records, accounts, properties of the institution or endowment including cash to the person, who succeeds him or is appointed in his place (hereinafter called the ‘successor’) or to the Executive Officer within seven days from the date of service in the prescribed manner of the order directing him to hand over charge of the office to his successor or to the Executive Officer, and if he fails to do so without sufficient cause, he shall be punishable with fine which may extend to one thousand rupees. (2) (a) Where the successor or the Executive Officer is resisted in or prevented from, obtaining the possession of the records, accounts or properties of the institution or endowment by such ex-office-holder or by any person claiming or deriving title from him or by any person who is otherwise not entitled to be in such possession, any Magistrate of the First Class having jurisdiction shall, on an application made by the successor or the Executive Officer, by an order after notice to the ex-office-holder direct delivery of the possession of such records, accounts and properties of the institution or endowment, to the successor or to the Executive Officer within the time specified in such order. (b) Every application made under clause (a) shall be accompanied by a certified copy of the order of appointment of the successor along with a certificate issued by the Commissioner in such form and after following such procedure as may be prescribed stating that the records, accounts and properties specified therein belong to the institution or endowment. (3) Where the ex-office holder fails to deliver possession of the records, accounts or properties within the time specified in the order of the Magistrate under sub-section (2), he shall be punishable with imprisonment which may extend to six months or with fine, which may extend to two thousand rupees or with both; and the Magistrate shall cause the possession of the records, accounts or properties to be delivered to the successor, taking such police assistance as may be necessary. (4) The order of appointment of the successor and the certificate referred to in clause (b) of sub-section (2) shall not be called in question in the proceedings before the, Magistrate under this section. (5) Nothing in this section shall bar the institution of a suit in a competent court by any person aggrieved by an order under this section for establishing his title to the properties specified in the certificate referred to in sub-section (2).