(1) All office-holders and servants attached to a charitable or religious institution or endowment, shall be under the control of the trustee; and the trustee may, after following the prescribed procedure and for reasons to be
41. Substituted by Act No.33 of 2007.
42. Proviso omitted by Act No.33 of 2007.
Punishment of office holders and servants.
Qualification for Archaka.
[Act No. 30 of 1987] 47 recorded in writing, impose fine, or order suspension, removal, dismissal or any other prescribed penalty, on any of them for breach of trust, misappropriation, incapacity, disobedience of orders, misconduct, violation of the code of conduct laid down or neglect of duty assigned by or under this Act or other sufficient cause.
43[Provided that in case of a religious office holder, it shall be competent for the Commissioner or an officer authorized by him by an order in writing to impose the penalty of removal or dismissal on a report made by the trustee or Executive Officer, or where there is no executive officer or the trustee as the case may be, in such manner as may be prescribed.]
(2) Notwithstanding anything in sub-section (1), in the case of an office-holder or servant of an institution or endowment whose annual income exceeds rupees ten lakhs, the power to impose any penalty, specified in that sub-section shall, subject to such restrictions and conditions, as may be laid down by the Government, be exercised by the executive officer after following such procedure as may be prescribed.
43[Provided that in the case of a religious office holder, it shall be competent for the Commissioner or an officer authorized by him by an order in writing to impose the penalty of removal or dismissal on a report made by the trustee or executive officer or where there is no executive officer or the trustee as the case may be, in such manner as may be prescribed.]
(3)(a) Any office-holder or servant aggrieved by an order passed under sub-section (1) by the trustee may,
43. Provisos to sub-sections (1) and (2) of section 37 added by Act No.33 of 2007.
48 [Act No. 30 of 1987] within sixty days from the date of receipt of the order by him, prefer an appeal to the Commissioner, the Deputy Commissioner, or the Assistant Commissioner as the case may be having jurisdiction, from the order of the trustee;
(b) Any office-holder or servant aggrieved by an order passed under sub-section (2) by the Executive Officer, may within sixty days from the date of receipt of the order by him prefer an appeal to the trustee.
(4) (a) Any office-holder or servant may, within sixty days from, the date of receipt by him of the order passed in an appeal filed under clause (a) of sub- section (3), prefer a second appeal if such order is made by,—
(i) the Commissioner to the Government;
(ii) the Deputy Commissioner or the Assistant Commissioner, to the Commissioner;
(b) Any office-holder or servant aggrieved by an order of the trustee under clause (b) of sub-section (3) may, within sixty days from the date of receipt by him of such order, prefer a second appeal to the Commissioner.
(5) (a) Where it is noticed by the trustee that any officeholder or servant attached to an institution or endowment has not been dealt with suitably by the Executive Officer under sub-section (2) for any of the lapses specified in subsection (1) the trustee may direct the Executive Officer to take action under sub-section (2), failing which the trustee may after following the prescribed procedure, impose, by an order in writing any of the penalties specified in sub-section
(1);
(b) Any office-holder or servant aggrieved by an order, passed by the trustee or by the Executive Officer, in [Act No. 30 of 1987] 49 pursuance of the direction given under clause (a) may, within sixty days from the date of receipt of ‗the order by him, prefer an appeal to the Commissioner.