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State of Gujarat - Section

Section 48 in Gujarat Public Trusts Act, 2011

48. Power to institute inquiries.

(1)On receipt of a complaint in writing from any person having interest in respect of any public trust or on the receipt of any direction of from the Stale Government, the Charity Commissioner or Deputy or Assistant Charity Commissioner specially authorized by the Charity Commissioner may institute an inquiry with regard to charities or a particular charity or class of charities either generally, or for particular purposes.
(2)The officers aforesaid may either hold inquiry themselves or entrust such inquiry to the officer authorised under sub-section (1) of section 41.
(3)For the purpose of any such inquiry, the officer holding the inquiry may by notice, require any person to attend at a specified time and place and give evidence or produce documents in his custody or control which relate to any matter in question at the inquiry.
(4)For the purpose of any such inquiry, evidence may be taken on oath and the person holding the inquiry may for that purpose administer an oath under the Oaths Act, 1969,(44 of 1969.) or may instead of administering an oath on solemn affirmation require the person to make and subscribe a declaration of the truth of the matters about which lie is examined.
(5)The necessary expenses of any person of his attendance to give evidence or produce documents for the purpose of the inquiry shall be paid as may be directed by the Charily Commissioner.
(6)After the completion of the inquiry, the person holding the inquiry (not being the Charity Commissioner) shall submit his report to the officer who entrusted such inquiry to him.
(7)The Deputy or Assistant Charity Commissioner of the region concerned shall submit his own report or report received by him under this section to the Charity Commissioner with his remarks thereon. The Charity Commissioner may, if he is satisfied that there is a prima facie case against the trustees, take such steps as are necessary under the provisions of this Act.
(8)The Charity Commissioner may himself also call for the proceedings of any inquiry made under this section for such action as he may think fit.