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Madras Presidency - Section

Section 31 in Madras Hindu Religious and Charitable Endowments Act, 1951

31. [ Cyprus application of surplus funds of endowments. [Substituted by Act No. 27 of 1954.]

(1)The Commissioner may, after holding an enquiry in such manner as may be prescribed by order, declare that, after satisfying adequately the purposes of the religious institution and after setting apart a sufficient sum for the repair and renovation of the buildings connected with the math or temple or the endowments attached thereto, there is a surplus which is not required for any such purpose, and may, by such order, director that such surplus as is declared to be available, be appropriated to religious, educational or charitable purposes:Provided that, in the case of a temple founded and maintained by a section of the Hindu Community, the surplus shall, as far as possible, be utilized for the benefit of the said section for the purposes mentioned above.
(2)It shall be competent to the Commissioner when giving a direction under sub-section (1) to determine what portion of such surplus shall be retained as a reserve fund for the math or temple and to direct the remainder to be appropriated to the purposes specified in that sub-section.
(3)The Commissioner may, at any time, by order and in the manner provided in subsection (1) modify or cancel an order passed under that sub-section.
(4)The order of the Commissioner under this section shall be published in the prescribed manner. The trustee or any other person having intertes may, within six months of the date of such publication, institute a suit in the Court to modify or set aside such order.Subject to the result of such suit, and of the appeal, if any, under section 31-B, the order of the Commissioner shall be final and binding on the trustee and all persons having interest.
(5)Any decision of the Court under this section may, at any time for sufficient cause, be modified or cancelled by the Court in a suit instituted by the Commissioner or the trustee or any person having interest but not otherwise.] [Substituted by Act No. 41 of 1963.]