Section 148 in Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987
148. Recovery of contributions etc., as arrears of land revenue.
(1)The Revenue Divisional Officer or the Deputy Commissioner within whose jurisdiction any property of the trustee or other person from whom an amount is recoverable by way of surcharge under the provisions of this Act is situated shall, on a requisition made by the Commissioner, recover such amount as if it were an arrear of land revenue and pay the same to the charitable or religious institution or endowment concerned.(2)Where the trustee fails to pay the contribution and other costs due to the Government within the time allowed, the Revenue Divisional Officer or the Deputy Commissioner within whose Jurisdiction any property of the institution or endowment is situate, shall on requisition made to him in the prescribed manner by the Commissioner and subject to the provisions of this section recover such amount as if it were an arrear of land revenue.(3)(a)on receipt of a requisition under sub-sections (1) and (2) the Revenue Divisional Officer or the Deputy Commissioner shall issue a notice to the trustee or other person concerned,-(i)requiring him to pay within fifteen days from the date of service thereof, the amount mentioned in the requisition and specified in the notice; and(ii)stating that on default, such amount will be recovered as if it were an arrear of land revenue.(b)if, within the period of fifteen days aforesaid the amount demanded is not paid, the Revenue Divisional Officer or Deputy Commissioner shall proceed to recover the amount specified in the notice together with the charges of collection, as if it were an arrear of land revenue.(4)The Revenue Divisional Officer or the Deputy Commissioner shall on receipt of a requisition under subsection (2) withheld the amount mentioned therein out of the tasdik or any other allowance or amount payable by the Government to the institution or endowment concerned and where the tasdik or other allowance or amount is insufficient for the purpose, the Revenue Divisional Officer or the Deputy Commissioner shall withhold the allowance of amount available and recover the balance, as if it were an arear of land revenue.(5)Places of worship including temples, tanks and places where Utsavas are performed, Idols, Vahanams, Jewels and such vessels, and other articles of the institution or endowment as may be necessary in accordance with the usage of the institution or endowment for purposes of worship or processions shall not be liable to be proceeded against in pursuance of sub-sections (2), (3) and (4).(6)Instead of selling the property under the provisions of the [Telangana Revenue Recovery Act, 1864,( Act II of 1864.)] [Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.] it shall be open to the Revenue Divisional Officer or the Deputy Commissioner at the instance of the Commissioner to appoint a receiver to take possession of the property or such portion thereof as may be necessary and collect the income thereof until the amount to be recovered is realised. The remuneration, if any, paid to the Receiver and the other expenses incurred by him shall be paid out of the institution or endowment concerned after providing for the purposes specified in item (i) of clause (o) of sub-section (2) of section 57.(7)No suit, prosecution or other legal proceedings shall be entertained in any court of law against the Government or any officer or other employee of the Government for anything done or intended to be done in good faith in pursuance of this section.(8)The powers exercisable by the Revenue Divisional Officer, or the Deputy Commissioner under this Section, except the power to appoint a Receiver under sub-section (6) shall also be exercisable by any other officer not below the rank of a Mandal Revenue Officer or an Assistant Commissioner authorized by the Revenue Divisional Officer or by the Deputy Commissioner as the case may be to this behalf.
