Section 46: Recovery of property of trust and endowment transferred in contravention of section 45.

(1) If the Board is satisfied, after making any inquiry in such manner as may be prescribed, that any immovable property of a trust or endowment entered as such in the register of trust and endowment maintained under section 31, has been transferred without the previous sanction of the Board in contravention of the provision of section 45, it may send a requisition to the Collector within whose jurisdiction the property is situated to obtain and deliver possession of the property to it. (2) On receipt of a requisition under sub-section (1), the Collector shall pass an order directing the person in possession of the property, to deliver the property to the Board within a period of thirty days from the date of the service of the order. (3) Every order passed under sub-section (2) shall be served- (i) by giving or tendering the order, or by sending it by post to the person for whom it is intended; or (ii) if such person cannot be found, by affixing the order on some conspicuous part of his last known place of abode or business, or by giving or tendering the order to some adult male member or servant of his family or by causing it to be affixed on some conspicuous part of the property to which it relates: Provided that where the person on whom the order is to be served is a minor, service upon his guardian or upon any adult male member or servant of his family shall be deemed to be the service upon the minor. (4) Any person aggrieved by the order of the Collector under sub-section (2) may, within a period of thirty days from the date of the service of the order, prefer an appeal to the Court within whose jurisdiction the property is situate and the decision of the Court on such appeal shall be final. (5) Where an order passed under sub-section (2) has not been complied with and the time for appealing against such order has expired without an appeal having been preferred or the appeal, if any, preferred within that time has been dismissed, the Collector shall obtain possession of the property in respect of which the order has been made, taking such police assistance, as may be necessary for the purpose and deliver it to the Board. (6) In exercising his functions under this section, the Collector shall be guided by such rules as may be prescribed.