Section 28 in Hindu Religious Institutions and Charitable Endowments Act, 1997
28. Power to dissolve the Committee of Management.
(1)The prescribed authority shall have power to disslove a Committee of Management if after holding an enquiry in accordance with sub-section (2), it is satisfied that the committee has;(a)failed to discharge the duties or perform the functions in accordance with the provisions of this Act or the rules made thereunder; or(b)disobeyed any lawful orders issued under the provisions of this Act or the rules made thereunder by the State Government or the Commissioner, Deputy Commissioner or Assistant Commissioner; or(c)committed any malfeasance or misfeasance or is guilty of breach of trust or misappropriation in respect of the properties of the institution or endowment;(2)Where the prescribed authority proposes to take action under sub-section (1) it shall frame the charge against the Chairman and give him an opportunity of meeting such charge or testing the evidence adduced against the charge and of adducing evidence in favour of the Committee; and the order of dissolution shall state every charge framed against the Committee, explanation offered by the committee and the finding on such charge together with the reasons therefor.(3)Pending enquiry under sub-section (2) the prescribed authority may suspend the Committee and appoint an administrator in accordance with section 29.(4)Any person aggrieved by an order under this section may, within thirty days from the date of communication of the order appeal.-(a)to the Karnataka Appellate Tribunal constituted under the Karnataka Appellate Tribunal Act, 1976 (Karnataka Act 10 of 1976), where the prescribed Authority is the Commissioner.(b)to the Commissioner, if the order passed is of the Deputy Commissioner, and(c)to the Deputy Commissioner, if the order passed is of the Assistant Commissioner.(5)The appellate authority may after holding an enquiry and so far as possible within six months from the date of appeal pass such order as it deems fit, and such order shall be final.
