( I) The Col11J!liss:oncr shall send a copy of every au d i t report to the Committee and it shall be the duty of the Committee to remedy any defects or irregularihe~ pointed out by the auditor and report the sane to the Commissioner.
(2) If, on a consideration of the report of the auditor along with the report, if any, of the Committee, the Commissioner IS satisfied that the Com mittee or any officer or other employee of the Devaswom was guilty of mi'> appropriation or wilful waste of the funds of the Devaswom or of gro'>'> neglect resulting in loss to the Devaswom, the Commissioner may, aftPr g1vin~ notice to the Committee or such officer or other employee to show came why an order of surcharge should not be pa'>sed againsr it or him and after con sidering it'> or his explanation, if any, by order certify the amount so lost and direct the Committee or sucn officer or other employee to pay within a '>pecified time such amount personally and not from the funds of the Devasviom:
I i'l'rovided that if m re'lpect of any expenditure or dealing with the prJ pefty of the Devaswom, the Committee or such officer or other employee had obtained the directiom of the Commisswner or the Government and had /acted in accordance with the said directiom, the Committee or such person -:1 shall not be held respomible.
(3) The Commissioner shall forward a copy of the order under sub section (2) v. ith the reasons for the same by registered post to the Committee or the officer or other employee concerned
(4) The Committee or officer or other employee aggrieved by an order of the Commissioner under subsection (2) may, within thirty days of the receipt by it or him of that order, apply to the court to modify or set aside the order, and the court, after taking such evidence as is necessary, may confirm, modify or remtt the surcharge.
( 5) An order of surchar!!fe under this section against the Committee shall not bar a suit for accounts again•t it except in re'>pcct of the matters finally dealt with by such order.
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(6) Any a uoutll tccov.:tablc from the Commiltcc ·•r any offic\:r or other emp!oycc by way or ~urchargc m ~yo 1 rcqut~iuoa mttdt! by th~; C~mmi~ sioner be recovet·ed under the provisions of the Kerala Rcwnue Rccov ~ry Act, 1968, as if it were an arrear of public revenue due oa land CHAPICR v GENERAL 27 Authority of Committee to incur expenditure for certain purposes- The Committee may, aft.:r making adeq Jd.te pr.:wist JD f Jr t'le purpo5e> referred to in sub~f'ction (2) of s~ct10n 21, incur expenditure out of the fund5 of the ,~ De.'aswom for all or any j th~ following purpo5es, namely:-
(a) maintenance, management and admim~trat10n of the Temple, its properties and the temples subordi'nate thereto;
(b) training cfarchakas to per~ the religious worship and cete monies in the Temple and the temples subord~nate thereto;
(c) medical relief, water supply and other sanitary arrangements for the v.orshippers and the pilgrims and construc<ton of bmldtngs for their accommodation;
(d) culture and prop::~.gation of the tenet5 and philosophy as5ociated with the Temple,
(c) the establi5hment and maintenance of or the making of any grant or contnbution to, any poor home or other similar instltut:on which is main tamed for the benefit rna nly of pcr5ons b~looging to the Hindu Community;
(f) the establishment and maintenance of any educational institution which provides for encouragement of education 10 the Sanskrit language or the maintenance of any such educatio al institution owned or m;. naged by the Dcvaswom or in which the Devaswom has intere't; and \
(g) the making of any contribution to any religious instttution: ', \
Provided that nothing contained in clause (e) 5hall prevent the con,- tinuance of any grant or contribution to any poor home or other similar insu:' tution which 1s maintained by or for the benefit of per5ons other than those belonging to the Hindu community, if such grant or contribution was being made to such poor home or institution before the commencement of this Act as the customary practice associated with the Temple:
Provided further that no expenditure shall be mcurred for any of the purposes mentioned in clauses (f) and (g) unless the same is sanctiOned by .\_ custom or practice a~sociated with the Temple.
28. Committee to be in possession of Dcvaswom properties-( I) The Com mHtee shall be entitled to take ami be in posse<;sion of all movable and immovable f;roperties including jcwclleries, records, documents and other assets belonging to the Devaswom.
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(2) If in obtc.~.ining such p'1'>Sc~sion, th•~ Committee o1· any penon authonsed in this behalf by the Commiltec, or the Auministrato1 1::. re~J~ted or obstructed by any one, the Committee or the Administrator, as the case may be, may make a re -}UIS tion in the pre•cribcd form to the Collector of the district in whid1 aay ~ucn propcrt> is ~ltuatc to deliver po~ses~10n there of to the Committee or the Administrator, a~ the case may be
(3) Where a requisition is made to the Collector under sub section
(2), the Collector shall hold a summary inquiry mto the facts of the case and, 1f satisfied that the resistance or obstruction was without any just came, shall comply with the satd requisition; and m exe1cising the powers under this section, the Collector m ty use such force as may be necessary
(4) Every person authorised by the Committee or acting under it~ instructions in pursuance of this section or the AdmC'-tstrator shall be deemed to be a public servant wi1htn the meanmg <il section 21 of the Indian Penal Code (Central Act 45 of 1860). r"'. ~ ./ ( 5) Nothing contained in th).s--cC'ti~n shall bar the institution of a suit by any person aggrieved by _.An order m:tde thereunder for establishing his title to the propeny. ;
29. Protection of act1on tafr,tn m good faith -No suit, prosecution or other legal proceeding shall lie against the Government or the Commissioner or the COmmittee or any m)t'mber theteof or the Administrator or any oth~r person acting under ~€'" instructions of the Committee or authorised by it, for anything which Lin good fa th done or mtended to be done under thh Act or the rules Il}.fide thereunder.