Amendment status not verified — confirm the current text below against the official source.
(1) Where an endowment for the performance of a charity or service in an institution has been made and has been directed to be met out of any property or income thereof, whether a specific charge on such property or income has been created therefor or not, and there is a failure in the due performance of the charity or service by the person responsible, the trustee of the institution or the Board in the case of institutions under its management may require the person in possession of the property or income from which such charity or service has to be met, to pay to the trustee or the Board, as the case may be, the expenses incurred or likely to be incurred in causing the charity or service to be performed otherwise. In default of such person making the payment as required by the trustee or the Board, the Court shall, on the application of the trustee or the Board, as the case may be, pass an order for the recovery of the amount from him or the property and such order may be enforced as if it were a decree of such Court. (2) Where there is a failure in the due performance of the charity or service connected with an institution as mentioned in sub-section (1) or the trustee does not cause the charity or service to be performed, the Board may direct the trustee concerned to cause such charity or service to be performed and to recover the amount as aforesaid and the trustee shall be bound to obey such directions. Where the trustee does not obey such directions, the Board shall cause such charity or service to be performed and recover the amounts as laid down hereinbefore: Provided that where the person in possession of the property or income is not the person responsible in law for the performance of the charity or service and the amount referred to in this section is recovered from the person in possession, the Court shall, on the application of such person pass an order for the recovery of the amount from the person responsible in law and such order may also be enforced as if it were a decree of such Court.