40. Decision of Charity Commissioner on report under section 39.
- The Charity Commissioner shall, after considering the report of the Deputy or Assistant Charity Commissioner, giving an opportunity to the person concerned and holding such inquiry as he thinks fit, determine-(a)the amount of loss caused to a public trust;(b)whether such loss was due to any [gross negligence, breach of trust] [These words were substituted for the words 'breach of trust' by Gujarat 31 of 1962, Section 4.], misapplication or misconduct on the part of any person;(c)whether any of the trustees, or any other person was responsible for such loss.(d)the amount which any of the trustees or any other person is liable to pay to the public trust for such a loss.
