Penalty for refusal to hand over property to trustees for reconstructed endowment.

§7

Summary

(1) On the appointment of any trustee or trustees of any reconstructed endowment in pursuance of the provisions of section 6, the trustees of the acquired endowment shall forthwith hand over the property of the acquired endowment in their possession or under their control to the trustees of the reconstructed endowment so appointed. (2) If the trustees of any acquired endowment fail or refused to transfer any property belonging to such endowment [being property which is deemed to be transferred to and vested in, the reconstructed endowment by operation of the provisions of sub-section (2) of section 5] to the trustees of the reconstructed trust within forty-five days or such extended period as the State Government may permit in this behalf after the appointment of such trustees, the State Government or any authority empowered by the State Government in this behalf may, by order in writing, direct the trustees of the acquired endowment who are in possession or control of the property of such endowment to forthwith handover such property to the trustees of the reconstructed endowment appointed as aforesaid. (3) If the trustees of the acquired endowment do not comply with any direction issued under sub-section (2), the State Government may take steps to recover the property in the possession or control of such trustees, and for that purposes the State Government may authorise any officer to issue a search warrant and exercise all such powers with respect thereto as may be lawfully exercised by a Magistrate under Chapter VII of the Code of Criminal Procedure, 1898 (V. of 1898)1. The property so recovered shall be handed over to the trustees of the reconstructed endowment appointed as aforeasaid. (4) If the trustees of the acquired endowment do not comply with any direction issued under sub-section (2), otherwise than for reasons beyond their control, they shall, on conviction, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both.

(1) On the appointment of any trustee or trustees of any reconstructed endowment in pursuance of the provisions of section 6, the trustees of the acquired endowment shall forthwith hand over the property of the acquired endowment in their possession or under their control to the trustees of the reconstructed endowment so appointed. (2) If the trustees of any acquired endowment fail or refused to transfer any property belonging to such endowment [being property which is deemed to be transferred to and vested in, the reconstructed endowment by operation of the provisions of sub-section (2) of section 5] to the trustees of the reconstructed trust within forty-five days or such extended period as the State Government may permit in this behalf after the appointment of such trustees, the State Government or any authority empowered by the State Government in this behalf may, by order in writing, direct the trustees of the acquired endowment who are in possession or control of the property of such endowment to forthwith handover such property to the trustees of the reconstructed endowment appointed as aforesaid. (3) If the trustees of the acquired endowment do not comply with any direction issued under sub-section (2), the State Government may take steps to recover the property in the possession or control of such trustees, and for that purposes the State Government may authorise any officer to issue a search warrant and exercise all such powers with respect thereto as may be lawfully exercised by a Magistrate under Chapter VII of the Code of Criminal Procedure, 1898 (V. of 1898)1. The property so recovered shall be handed over to the trustees of the reconstructed endowment appointed as aforeasaid. (4) If the trustees of the acquired endowment do not comply with any direction issued under sub-section (2), otherwise than for reasons beyond their control, they shall, on conviction, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both.

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