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State of Andhra Pradesh - Section

Section 42 in The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987

42. Over-riding effect of the provisions of this chapter over the existing corresponding provisions.

(1)Notwithstanding any scheme judgment, decree or order of a court, tribunal or other authority or any custom or usage, governing any charitable or religious institution or endowment the provisions of this chapter shall, with effect on and from the date of the commencement of this Act, prevail in so far as they relate to the matters governed by the corresponding provisions in any such scheme, judgment, decree or order or any custom or usage and such corresponding provisions, shall thereafter have no effect.
(2)
(a)Any Scheme in force at the commencement of this Act, in so far as it relates to matters not governed by the provisions of this chapter, may at any time, by order, be modified or cancelled
(i)where such scheme was settled or modified by the Commissioner or the Deputy Commissioner, by such Commissioner or the Deputy Commissioner, as the case may be;
(ii)where such scheme was settled or modified by the Court, by such Court on an application made to it by the Commissioner, the trustee or any person having interest;
Provided that before passing an order under this clause an opportunity shall be given to the trustee or other person likely to be affected by such order;
(b)any person aggrieved by an order under clause (a) may, within thirty days from the date of receipt of the order, appeal
(i)where it is passed by the Commissioner or the Deputy Commissioner, to the Court;
(ii)where it is passed by the Court, to the High Court.