Section 47 in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959
47. Trustees and their number and term of office.
(1)[(a) Where a religious institution included in the list published under section 46 or in respect of which the Assistant Commissioner has no power to appoint trustees, has no hereditary trustee,-(i)in cases falling under clause (i) of section 46, the Joint Commissioner / Deputy Commissioner;(ii)in cases falling under clause (ii) of section 46, the Commissioner; and(iii)in cases falling under clause (iii) of section 46, the Government, shall constitute a Board of trustees:][Provided that the Board of Trustees constituted under items (i) and (ii) of this clause shall, subject to the provision of clause (c), consist of three persons appointed by the Joint Commissioner or the Deputy Commissioner or the Commissioner, as the case may be, from among the panel of names of persons sent by the District Committee concerned under sub-section (4) of section 7-A:] [Substituted by Act No. 5l of 2012, dated 16.11.2012.]Provided further that in addition to the persons appointed by the Joint Commissioner/Deputy Commissioner or the Commissioner under item (i) or (ii) of this clause, as the case may be, the Government may nominate two persons who are qualified for appointment as trustees under this Act, as members of the said Board of Trustees, having regard to the following matters, namely:-(a)the interest of the public generally;(b)the income and the properties of the religious institutions;(c)the number of worshippers and importance of the religious institutions as a pilgrim centre; and(d)such other matters as may be prescribed.(e)In respect of all the incorporated and unincorporated Devaswoms in the transferred territory, [the Government] [Substituted by Tamil Nadu Act 39 of 1996.] shall constitute a single Board of Trustees.(f)Every Board of Trustees constituted under clause (a) or clause (b) shall consist of not less than three and not more than five persons, of whom one shall be a member of the Scheduled Castes or Scheduled Tribes [and another one shall be a woman] [Added by Tamil Nadu Act 15 of 2006.]:Provided that [the Government, the Commissioner, the Joint Commissioner or the Deputy Commissioner] [Substituted by Tamil Nadu Act 39 of 1996.], as the case may be, may, pending the constitution of such Board of Trustees under this sub-section, appoint a fit person to perform the functions of the Board of Trustees.[***] [Explanation omitted by Act No. 51 of 2012, dated 16.11.2012.](2)[ Where, in the case of an institution included in the list published under section 46 having a hereditary trustee or trustees, [the Government, the Commissioner or the Joint/Deputy Commissioner] [Sub-section (2) was substituted by the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment and Special Provisions) Act, 1976 (President's Act 24 of 1976).], after notice to such trustee or trustees and after such inquiry as [the Government, the Commissioner or the Joint/Deputy Commissioner] [Substituted by Tamil Nadu Act 39 of 1996.], as the case may be, deems adequate, considers for reasons to be recorded, that the affairs of the institution are not, and are not likely to be, properly managed by the hereditary trustee or trustees, [the Government, the Commissioner or the Joint/Deputy Commissioner] [Substituted by Tamil Nadu Act 39 of 1996.] may, by order, appoint a non-hereditary trustee or such number of non-hereditary trustees as may be considered necessary by [the Government, the Commissioner or the Joint/Deputy Commissioner] [Substituted by Tamil Nadu Act 39 of 1996.], as the case may be.] [Substituted by Tamil Nadu Act 39 of 1996.](3)Every trustee appointed under sub-section (1) and subject to the result of an application, if any, filed under sub-section (4), every non-hereditary trustee appointed under sub-section (2) shall hold office for a term of [one year] [Substituted for the words 'three years' by section 5(2) of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 2006 (Tamil Nadu Act 15 of 2006).] unless in the meanwhile the trustee is removed or dismissed or his resignation is [accepted by the Government, the Commissioner or the Joint Commissioner/Deputy Commissioner, as the case may be] [Substituted by Tamil Nadu Act 39 of 1996.], or he otherwise ceases to be a trustee.[Provided that every trustee who has completed a term of office of one year on the 16th day of July 2006 shall cease to hold office forthwith and " every trustee who completes a term of office of one year after such date shall cease to hold office on such completion.] [Proviso was added by section 5(3) of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 2006 (Tamil Nadu Act 15 of 2006).](4)Where [the Government, the Commissioner or the Joint/Deputy Commissioner] [Substituted by Tamil Nadu Act 39 of 1996.], by order, appoints a non-hereditary trustee or trustees, the hereditary trustee or trustees may, within thirty days of the receipt of the order, file an application to the Court to set aside or modify such order:]Provided that the Court shall have no power to stay the order of [the Government, the Commissioner or the Joint/Deputy Commissioner] [Substituted by Tamil Nadu Act 39 of 1996.], as the case may be], pending the disposal of the application.(5)[***] [Omitted by President's Act 24 of 1976.]
