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State of Gujarat - Section

Section 97 in Gujarat Public Trusts Act, 2011

97. Appeal against findings of Charity Commissioner, and other officers.

(1)An appeal against the findings or order of the Charity Commissioner, Joint Charity Commissioner, Deputy or, as the case may be, the Assistant Charity Commissioner may be filed to the tribunal in the following cases, namely;-
(a)the findings and order, if any, under section 22;
(b)the findings under section 24;
(c)the determination under section 27;
(d)the decision of the Charity Commissioner under section 38;
(e)the order framing scheme under section 54;
(f)an order confirming or amending the record under section 108.
(2)No appeal shall be maintainable after the expiration of thirty days from the recording of tire findings, or, as the ease may be, the passing of the order.
(3)The tribunal shall also discharge the following functions, namely:-
(a)deciding question in relation to trust under sub-section (2) of section 27;
(b)appointment of new trustee under section 51;
(c)giving direction under clause (iii) of section 52;
(d)giving consent under section 53;
(e)deciding application of trustee under section 57;
(f)deciding application of trustee under section 59.
(4)No party to such appeal shall be entitled to produce additional evidence, whether oral or documentary, before the tribunal unless the Deputy or Assistant Charity Commissioner or the Charity Commissioner has refused to admit evidence which ought to have been admitted or the tribunal requires any document to be produced or any witness to be examined to enable it to pronounce judgment or for any other substantial cause the tribunal thinks it necessary to allow such additional evidence :Provided that whenever additional evidence is allowed lo be produced by the tribunal, the tribunal shall record the reason for its admission.
(5)The tribunal may, after hearing the appellant or any person appearing on his behalf for reasons to be recorded in writing either annul, reverse, modify or confirm the findings of the order appealed against or he may direct the Charity Commissioner, Joint Charity Commissioner, Deputy or, as the case may be, the Assistant Charity Commissioner to make further inquiry or to take such additional evidence as he may think necessary.