(1) The Commissioner may call for and examine the record of 4[any Joint or Deputy or Assistant Commissioner,] 5[* * *] or of any trustee of a religious institution other than a math or a specific endowment attached to a math in respect of any proceeding under this Act 6[not being a proceeding in respect of which a suit or an appeal to a court is provided by this Act] 7[or in respect of which an application for revision has been preferred under section 21-A to the Joint Commissioner or Deputy Commissioner and is pending disposal by him to satisfy himself as to the regularity of such proceeding or the correctness, legality or propriety of any decision or order passed therein].
1. This sub-section was substituted by the Tamil Nadu Act 39 of 1996.
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(2) If any such decision or order has been passed by 1[any Joint or Deputy or Assistant Commissioner], or by the trustee of any religious institution other than a math or a specific endowment attached to a math and other than one included in the list published under section 46, 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 2[* * *] by the trustee of any religious institution included in the list published under section 46, the Commissioner may, if he thinks fit, remit the matter together with his observations in regard thereto, 3[to the 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, annul or reverse 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, annul or reverse the decision or order of 4[the trustee].
(4)(a) The Commissioner may call for and examine the record of any trustee of a math or a specific endowment attached to math in respect of any proceeding under this Act (not being a proceeding in respect of which a suit or appeal to a Court is provided by this Act) to satisfy himself as to the legality of any decision or order passed therein.
1. Substituted for the expression “21, 22, 69, 72” by Tamil Nadu Act 39 of
1996.
2. Sub-section (4) was added by Tamil Nadu Act 39 of 1996.
3. Sections 15 to 20 were omitted by section 6 of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1968 (Tamil Nadu Act 19 of 1968).
4. Substituted for the words “any Deputy or Assistant Commissioner” by Tamil Nadu Act 38 of 1995.
5. The words “of any Area Committee” were omitted by section 7(i) of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1968 (Tamil Nadu Act 19 of 1968).
6. This expression was substituted for the expression “(not being a proceeding in respect of which a suit or an appeal to a Court is provided by this Act)” by section 3 of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1978 (Tamil Nadu Act 42 of 1978), which was deemed to have come into force on the 14th August
1978.
7. Inserted by Tamil Nadu Act 39 of 1996.
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(b) If any such decision or order has been passed illegally by the trustee of a math or a specific endowment attached to a math 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.
(5). 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) or under clause (b) of sub-section (4), without hearing him or giving him a reasonable opportunity of being heard.
(6). The Commissioner may stay the execution of any decision or order of the nature referred to in sub-section (1) or clause (a) of sub-section (4), pending the exercise of his powers under sub-section (2) or sub-section (3) or under clause (b) of sub-section (4) in respect thereof.
(7). Every application to the Commissioner for the exercise of his powers under this section shall be preferred within three months from the date on which the order or proceeding to which the application relates was communicated to the applicant.
1[21-A. Powers of Joint or Deputy Commissioner to call for records and pas order.—(1) The Joint or Deputy Commissioner may call for and examine the record of any Assistant Commissioner in respect of any proceeding under this Act (not being a proceeding 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 Assistant Commissioner and it appears to the Joint or Deputy Commissioner that the decision or order should be modified, annulled, reversed or remitted for reconsideration, he may pass orders accordingly.
1. Substituted for the words “any Deputy or Assistant Commissioner” by Tamil Nadu Act 38 of 1995.
2. The words “by any Area Committee or” were omitted by section 7(ii)(a) of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1968 (Tamil Nadu Act 19 of 1968).
3. These words were substituted for the words “to the committee or trustee, as the case may be” by Tamil Nadu Act 39 of 1996.
4. These words were substituted for the words “the Area Committee or trustee, as the case may be” by section 7(ii)(b) of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1968 (Tamil Nadu Act 19 of 1968).
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(3) The Joint or Deputy Commissioner shall not pass any order prejudicial to any party under sub-section (2) without hearing him or giving him a reasonable opportunity of being heard.
(4) The Joint or Deputy 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) in respect thereof.
(5) Every application to the Joint or Deputy Commissioner for the exercise of his powers under this section shall be preferred within three months from the date on which the decision or order to which the application relates was communicated to the applicant.]