Lawgist.Download the App Now!
Get our Android app for fast and offline Access.
40. 1[Power of Charity Commissioner to issue orders on report received under section 39 or to remand matter, etc.].- 2[The Charity Commissioner may,] after considering the report of the Deputy or Assistant Charity Commissioner, giving an opportunity to the person concerned and holding such inquiry 3[as he thinks fit,- (1) determine-] (a) the amount of loss caused to a public trust; (b) whether such loss was due to any 4[gross negligence,] breach of trust, mis-appropriation or misconduct on the part of any person; (c) whether any of the trustees, or 5[any person connected with the public trust] was responsible for such loss ; (d) the amount which any of the trustees or 6[any person connected with the public trust] is liable to apply to the public trust 7[for such loss, or], 8[(2) remand the matter for further inquiry to the officer, who made the report or to any other officer as he thinks fit or for reasons to be recorded in writing, compromise the matter or may drop the matter if a suit is instituted for obtaining a decree for a direction for taking accounts under section 50.]
<span style="margin-left:15px;"></span><b>40.</b> <sup>1</sup><b>[Power of Charity Commissioner to issue orders on report received under section 39 or to remand matter, etc.].-</b> <sup>2</sup>[The Charity Commissioner may,] after considering the report of the Deputy or Assistant Charity Commissioner, giving an opportunity to the person concerned and holding such inquiry <sup>3</sup>[as he thinks fit,-<br> <span style="margin-left:15px;"></span>(<i>1</i>) determine-]<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>a</i>) the amount of loss caused to a public trust;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><i>(b)</i> whether such loss was due to any <sup>4</sup>[gross negligence,] breach of trust, mis-appropriation or misconduct on the part of any person;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>c</i>) whether any of the trustees, or <sup>5</sup>[any person connected with the public trust] was responsible for such loss ;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>d</i>) the amount which any of the trustees or <sup>6</sup>[any person connected with the public trust] is liable to apply to the public trust <sup>7</sup>[for such loss, or],<br> <span style="margin-left:15px;"></span><sup>8</sup>[(<i>2</i>) remand the matter for further inquiry to the officer, who made the report or to any other officer as he thinks fit or for reasons to be recorded in writing, compromise the matter or may drop the matter if a suit is instituted for obtaining a decree for a direction for taking accounts under section 50.]<br><br>