(1) 1[The Commissioner] or any officer or other person deputed by 1[the Commissioner] in this behalf, 2[* * *] may, with due regard to the religious practice or usage of the institution, inspect all movable and immovable property belonging to, and all records, correspondence, plans, accounts and other documents relating to, religious institution.
1. These words were substituted for the words “the Temple Administration Board for its approval directly or through the District Committee” by Tamil Nadu Act 39 of 1996, which in turn were substituted for the words “the Commissioner for his approval directly or through the Assistant Commissioner” by Tamil Nadu Act 46 of 1991.
2. These words were substituted by Tamil Nadu Act 39 of 1996 for the words “the Temple Administration Board” which in turn were substituted for the words “the Commissioner” by Tamil Nadu Act 46 of 1991.
3. Substituted by Tamil Nadu Act 39 of 1996 for the words “it” which in turn was substituted for the words “he” by Tamil Nadu Act 46 of 1991.
4. These words were substituted for the words “the Temple Administration District Committee” by Tamil Nadu Act 39 of 1996.
5. These words “and the Area Committee” in the case of any religious institution in respect of which the area Committee exercises powers and discharge duties” were omitted by Tamil Nadu Act 19 of 1968.
6. Substituted for the words “furnish to it” by Tamil Nadu Act 39 of 1996.
7. Substituted for the words “as it may direct” by Tamil Nadu Act 39 of 1996.
29
(2) It shall be the duty of the trustee of the institution concerned and all officers and servants working under him, his agent and any person having concern in the administration of the institution, to afford all such assistance and facilities as may be necessary or reasonably required in regard to any inspection made in pursuance of sub-section (1) and also to produce for inspection any movable property or document referred to in sub-section (1) and to furnish such information as may be necessary in connection with such inspection, if so required.
(3) Where in the course of such inspection, it appears that the trustee of the institution concerned, or any of the officers or servants working under him, his agent or any other person having concern in the administration of the institution, past or present, has misappropriated or fraudulently retained any money or other property or incurred irregular, illegal or improper expenditure, 1[the Commissioner may], after giving notice to the trustee or person concerned to show cause why an order of surcharge should not be passed against him and after considering his explanation, if any, by order, certify the amount so lost and direct the trustee or such person to pay within a specified time such amount personally and not from the funds of the institution.
The procedure laid down in sub-section (3) to (7) of section 90 shall apply to the recovery of the amount of surcharge.