Section 52 in Hindu Religious Institutions and Charitable Endowments Act, 1997
52. Power of removal and dismissal.
- The Commissioner may either on the application of any person interested in a notified institution or on receipt of a report under section 51 or suo-motu remove or dismiss a Chairman, Manager, or any other person responsible for managing the affairs of such institution who,-(a)makes persistent default in submission of Budget accounts, report or return, or(b)wilfully disobeys and lawful orders issued by the Commissioner under the provisions of this Act or rules made thereunder, or(c)continuously neglects his duty or commits any malfeasance or misfeasance or breach of trust in respect of a Notified Institution, or(d)misappropriates or deals improperly with the properties of the Notified Institution of which he is the Chairman, Manager or other person concerned with the management of the Institution.(e)accepts any position in relation to the Notified Institution which is inconsistent with his position as a Chairman, Manager or such other person, or(f)is convicted of an offence involving moral turpitude.(2)Where the Commissioner proposes to take action under sub-section (1), he shall frame charges against the person against whom action is proposed to be taken and give him an opportunity of meeting such charges or testing the evidence adduced against him and of adducing evidence in his favour. The order of removal or dismissal shall state the charges framed against the person, his explanation and the finding on each charge with reasons thereof.(3)Pending enquiry against a person under sub-section (2) the Commissioner may place such person under suspension.
