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Madras Presidency - Section

Section 18 in Madras Hindu Religious and Charitable Endowments Act, 1951

18. Power of Commissioner to call for records and pass orders.

- -(1) The Commissioner may call for and examine the record of any Deputy or Assistant Commissioner, of any Area Committee, or of any trustee not being the trustee of a math or of a specific endowment attached to a math, in respect of any proceeding under this Act (not being a proceding in respect of which a suit or an appeal to a Court is provided by this Act), to satisfy himself as to the regularity of such proceeding, or the correctness, legality or propriety of any decision or order passed therein.
(2)If any such decision or order has been passed by any Deputy or Assistant Commissioner, or by the trustee of any religious institution other than one included in the list published under section 38, and it appears to the Commissioner that the decision or order should be modified, annulled, reversed or remitted for reconsideration, he may pass orders accordingly.
(3)
(a)If any such decision or order has been passed any Area Committee or by the trustee of any religious institution included in the list published under section 38, the Commissioner may, if he thinks fit remit the matter together with his observations in regard thereto, to the Committee or trustee for reconsideration of the decision or order and report to the Commissioner within a time to be specified by him in this behalf.
(b)On receipt of, and after considering, such report, it shall be open to the Commissioner to modify, annual or reverse the decision or order, or the decision or order as revised after such reconsideration, as the case may be.
(c)If the report is not received by the Commissioner within the time specified or such further time as may be granted by him, the Commissioner may modify, annual or reverse the decision or order of the Area Committee or trustee, as the case may be.
(4)The Commissioner shall not pass any order prejudicial to any party under sub-section (2) or clause (b) or clause (c) of sub-section (3), without hearing him or giving him a reasonable opportunity of being heard.
(5)The Commissioner may stay the execution of any decision or order of the nature referred to in sub-section (1), pending the exercise of his powers under sub-section (2) or sub-section (3) in respect thereof.