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State of Tamilnadu - Section

Section 33 in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959

33. Inspection of property and documents.

(1)[the Commissioner] [Substituted by Tamil Nadu Act 39 of l996.] or any officer or other person deputed by [the Commissioner] [Substituted by Tamil Nadu Act 39 of l996.] in this behalf, [xxx] [Words 'and in the case of institutions in respect of which the Area Committee exercises powers and discharge duties any member of the Committee authorised by it in this behalf were omitted by section 17 of Tamil Nadu Act 19 of 1968.] may, with due regard to the religious practice or usage of the institution, inspect all movable and immovable property belonging to, and all records, correspondence, plans, accounts and other documents relating to, any religious institution.
(2)It shall be the duty of the trustee of the institution concerned and all officers and servants working under him, his agent and any person having concern in the administration of the institution, to afford all such assistance and facilities as may be necessary or reasonably required in regard to any inspection made in pursuance of sub-section (1) and also to produce for inspection any movable property or document referred to in sub-section (1) and to furnish such information as may be necessary in connection with such inspection, if so required.
(3)Where in the course of such inspection, it appears that the trustee of the institution concerned, or any of the officers or servants working under him, his agent or any other person having concern in the administration of the institution past or present, has misappropriated or fraudulently retained any money or other property or incurred irregular, illegal or improper expenditure, [the Commissioner] [Substituted by Tamil Nadu Act 39 of l996.] may, after giving notice to the trustee or person concerned to show cause why an order of surcharge should not be passed against him and after considering his explanation, if any, by order, certify the amount so lost and direct the trustee of such person to pay within a specified time such amount personally and not from the funds of the institution.The procedure laid down in sub-sections (3) to (7) of section 90 shall apply to recovery of amount of surcharge.