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Madras Presidency - Section

Section 19 in Madras Hindu Religious and Charitable Endowments Act, 1951

19. Other powers of Commissioner in relation to Deputy and Assistant Commissioners and Area Committee.

(1)The Commissioner shall have power at any stage.-
(a)to transfer any proceeding pending before a Deputy or an Assistant Commissioner to his own file and dispose of it himself, or
(b)to transfer it to another Deputy or Assistant Commissioner for disposal.
(2)If the Commissioner is satisfied that a Deputy or an Assistant Commissioner has failed to exercise any power or discharge any duty which he ought to have exercised or discharged, the Commissioner may himself exercise such power or discharge such duty.
(3)If the Commissioner is satisfied that an Area Committee -
(a)has failed to exercise any power or discharge any duty which it ought to have exercised or discharged, or
(b)is unable for any reason to exercise any power or discharge any duty, the Commissioner may himself exercise such power or discharge such duty or authorize the Assistant Commissioner to do so:
Provided that in cases falling under clause (a), the Commissioner shall first fix a period for the exercise of the power or the performance of the duty by the Area Committee and shall exercise the right conferred on him by this sub-section only if the power is not exercised or the duty is not performed by the Area Committee within the period so fixed.
(4)Notwithstanding anything contained in this Act, where the office of a Deputy or an Assistant Commissioner is vacant, the Commissioner may, until the vacancy is filled-
(a)himself exercise the powers and discharge the duties assigned by or under this Act to the Deputy or Assistant Commissioner, or
(b)authorize another Deputy or Assistant Commissioner to exercise the said powers and discharge the said duties.
(5)Any party aggrieved by an order of the Commissioner under sub-section (1) (a), (2), (3) or (4) (a) not being an order against which a suit or an appeal to a Court is provided in this Act, may appeal to the Government within three months from the date of the receipt of the order by him:Provided that the Government shall not pass any order prejudicial to any party without hearing him or giving him a reasonable opportunity of being heard.