Section 50: Duties of trustee or administrator or committee to deliver possession of records, etc

(1) Where any trustee or administrator or committee of management has been removed by the Board in accordance with the provision of this Act, or of any scheme made by the Board, the trustee or administrator or the committee so removed from the office (hereinafter in this section referred to as the removed trustee or administrator or committee) shall hand over charge and deliver possession of the records, accounts and all properties of the trust and endowment (including cash) to the successor trustee or the successor committee, within one month from the date specified in the order. (2) Where any removed trustee or administrator or committee fails to deliver charge or deliver possession of the records, accounts and properties (including cash) to the successor trustee or administrator or committee within the time specified in sub-section (1), or prevents or obstructs such trustee or administrator or committee, from obtaining possession thereof after the expiry of the period aforesaid, the successor trustee or administrator or any member of the successor committee may make an application accompanied by a certified copy of the order appointing such successor trustee or administrator or committee, to any Judicial Magistrate within the local limits of whose jurisdiction any part of the trust or endowment property is situate and, thereupon, such Judicial Magistrate may, after giving notice to the removed trustee or administrator or members of the removed committee, make an order directing the delivery of charge and possession of such record, accounts and properties (including cash) of the trust or endowment, to the successor trustee or administrator or the committee, as the case may be, within such time as may be specified in the order. (3) Where the removed trustee or administrator or any member of the removed committee, omits or fails to deliver charge and possession of the records, accounts and properties (including cash) within the time specified by the Judicial Magistrate under sub-section (2), the removed trustee or administrator or every member of the removed committee, as the case may be, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees, or with both. (4) Whenever any removed trustee or administrator or any member of the removed committee omits or fails to comply with the orders made by the Judicial Magistrate under sub-section (2), the Judicial Magistrate may authorize the successor trustee or administrator or committee to take charge and possession of such records, accounts, properties (including cash) and may authorize such person to take such police assistance as may be necessary for the purpose. (5) No order of appointment of the successor trustee or administrator or committee shall be called in question in the proceedings before the Judicial Magistrate under this section. (6) Nothing contained in this section shall bar the institution of any suit in a Court by any person aggrieved by any order made under this section, to establish that he has right, title and interest in the properties specified in the order made by the Judicial Magistrate under subsection (2).