Section 40 : Power of Charity Commissioner to issue orders on report received under section 39 or to remand matter, etc. | The Maharashtra Public Trusts Act.

40. ¹[Power of Charity Commissioner to issue orders on report received under section 39 or to remand matter, etc.].- ²[The Charity Commissioner may,] after considering the report of the Deputy or Assistant Charity Commissioner, giving an opportunity to the person concerned and holding such inquiry ³[as he thinks fit,-

(1) determine-]

(a) the amount of loss caused to a public trust;

(b) whether such loss was due to any ⁴[gross negligence,] breach of trust, mis-appropriation or misconduct on the part of any person;

(d) the amount which any of the trustees or ⁶[any person connected with the public trust] is liable to apply to the public trust ⁷[for such loss, or],

⁸[(2) remand the matter for further inquiry to the officer, who made the report or to any other officer as he thinks fit or for reasons to be recorded in writing, compromise the matter or may drop the matter if a suit is instituted for obtaining a decree for a direction for taking accounts under section 50.]

1. These words were substituted for the marginal note, by Mah. 20 of 1971, s. 27(g).

2. These words were substituted for the words "The Charity Commissioner, shall" by Mah. 20 of 1971, s. 27 (a).

3. These words, brackets and figures were substituted for the words "as he thinks fit, determine-" by Mah. 20 of 1971, s. 27 (b).

4. These words were inserted by Mah. 20 of 1971, s. 27(c).

5. These words were substituted for the words "any other person" by Mah. 20 of 1971, s. 27(d).

6. These words were substituted for the words "any other person" by Mah. 20 of 1971, s. 27(e)(i).

7. These words were substituted for the words "for such loss" by Mah. 20 of 1971, s. 27(e)(ii).

8. Clause (2) was added by Mah. 20 of 1971, s. 27(f).

Power of Charity Commissioner to Issue Orders on Report Received Under Section 39 Or to Remand Matter, Etc.