GPTA 65 — Number of assessors to be called

Gujarat Public Trusts Act (Bombay Public Trusts 1950 as amended), 2011

Statutory text

(1) [The Charily Commissioner or Deputy] or Assistant Charity Commissioner shall choose, such number of assessors not less than three and not more than five as he deems fit to aid and assist him. In any inquiry relating to a public trust which is for the benefit of the members belonging to a particular religious denomination, the assessors chosen shall, as far as may be practicable, belonging to the said religious denomination.

(2) At the conclusion of the inquiry he shall record their opinion in writing and require them to sign it. The opinion so recorded shall form part of the proceedings and due consideration shall be given to it in passing an order or arriving at a decision or making a report in the inquiry.

(3) If in the course of any inquiry at any time before its conclusion, any assessor is from any sufficient cause, prevented from attending throughout the inquiry or absents himself and it is not practicable to enforce the attendance, the inquiry may be proceeded with the aid of the other assessor or assessors.

(4) If all the assessors are prevented from attending or absent themselves, without sufficient cause, the inquiry shall be proceeded with the aid of fresh assessors :

Provided that if [the Charity Commissioner or Deputy] or Assistant Charity Commissioner holding the inquiry is satisfied that for sufficient and adequate reasons the inquiry need not be delayed, he shall complete the inquiry and [where the enquiry is held by the Deputy or Assistant Charity Commissioner, he] shall report the matter to the Charity Commissioner.

(5) The assessors shall be entitled to such allowances as may be prescribed.

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