Section 38 in Travancore-Cochin Hindu Religious Institutions Act, 1950
38.
(1)Before assuming or exercising superintendence in the management of any Hindu Religious Endowment under the provisions of this Chapter, the Devaswom Commissioner shall require an officer of the Devaswom Department not inferior in rank to a Devaswom Assistant Commissioner to enquire into the affairs of such endowment and to submit a full report. It on such report and after hearing the parties interested or affected, the Devaswom Commissioner be satisfied that a condition precedent as set fourth in section 37 exists he may pass such order for assumption or superintendence as enabled by that Section. The order passed shall be notified in the Gazette. From the lapse of eight weeks from the date of such notification the Dcvaswom Commissioner may carry out the order in such manner as seems best in the circumstances of each case and make arrangements for the proper management of the endowment subject to the provisions of this Chapter:Provided that no order involving assumption of the management of any institution under this section shall be passed except with the previous sanction of the Board.(2)Where an order is passed under sub section (1), the Devaswom Commissioner may pass such other or further orders as he may deem necessary, incidental or conducive to the carrying out of the order, including orders for the search or seizure of the keys, jewels, vessels, furniture, records and other properties, movable or immovable, belonging to the said institution, or for the transfer of their possession to such person or persons as the Devaswom Commissioner may direct.(3)If a trustee or servant of any institution or any other person knowing that an order under sub-section (1) or sub-section (2) has been passed,disobeys any direction contained in such order or otherwise fails to comply with the requirements of the said order within in the period prescribed in such order, or if no such period is prescribed, within a reasonable time the trustee or servant shall be deemed to have committed an offence under Section 181 of the Travancore Penal Code and he shall be liable to be prosecuted therefor.
