Section 26 in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959
26. [Disqualifications of trustees] [Substituted for 'Qualifications of trustees' by Act No. 51 of 2012, dated 16.11.2012.].
- [(1)' A person shall be disqualified for being appointed as, and for being, a trustee of any religious institution or endowment,-(a)if he does not profess the Hindu Religion;(b)if he is not a citizen of India;(c)except in the case of a hereditary trustee, if he is less than twenty-five years of age;(d)if he is an undischarged insolvent;(e)if he is of unsound mind or is suffering from mental defect or infirmity which would render him unfit to perform the functions and discharge the duties of a trustee or is suffering from leprosy or any other loathsome disease;(f)if he has been removed or dismissed from service under the Central Government or any State Government or any local authority;(g)if he has been sentenced by a criminal court for an offence involving moral delinquency, such sentence not having been reversed or the offence pardoned;(h)if he has acted adverse to the interest of any religious institution or endowment;(i)if he is in arrears of any kind due by him to any religious institution or endowment.(1-A) A person shall be disqualified for being appointed as, and for being, a trustee of a religious institution or endowment,-(a)if he is interested in a subsisting lease of any property of, or contract made with or any work being done for the religious institution or endowment;(b)if he is employed as a paid legal practitioner on behalf of or against the religious institution or endowment.](2)If a trustee-(a)becomes subject to any of the disqualifications mentioned in [sub-section (1) or sub-section (1-A)] [Substituted for 'sub-section (1)' by Act No. 26 of 2013, dated 8.11.2013.]; or(b)[ resigns his seat by writing under his hand addressed- [Substituted by Tamil Nadu Act 39 of 1996.](i)in the case of trustee appointed by the Assistant Commissioner, to the Assistant Commissioner;(ii)in the case of trustee appointed by the Joint/Deputy Commissioner, to the Joint/Deputy Commissioner; and(iii)in any other case, to the Commissioner, his seat shall thereupon become vacant].(3)If any question arises as to whether a trustee has become subject to any of the disqualifications mentioned in [sub-section (1) or sub-section (1-A)] [Substituted for 'sub-section (1)' by Act No. 26 of 2013, dated 8.11.2013.], the question shall be referred for the decision of [the Joint/Deputy Commissioner] [Substituted by Tamil Nadu Act 39 of 1996.].(4)If a hereditary trustee becomes subject to any of the disqualifications mentioned in [sub-section (1) or sub-section (1-A)] [Substituted for 'sub-section (1)' by Act No. 26 of 2013, dated 8.11.2013.], [the Joint Commissioner or the Deputy Commissioner, as the case may be,] [Substituted by section 6(1) of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1995 (Tamil Nadu Act 38 of 1995).] may supersede the trustee.(5)[ Any person affected by an order of the Joint/Deputy Commissioner under sub-section (3) or sub-section (4) may, within one month from the date of receipt of the order by him, appeal against the order, to the Commissioner.] [Substituted by section 15(5) of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1996 (Tamil Nadu Act 39 of 1996).](6)The trustee of a religious institution for which a Board of Trustees has been constituted shall cease to hold office if he absents himself from three consecutive meetings of such Board of Trustees within a period of two months:Provided that when a person who has ceased to be a trustee by reason of such absence applies for restoration within one month from the date of the last of the three meetings, the Board of Trustees may, at the meeting next after the receipt of such application, restore him to his office of trustee; but a trustee shall not be so restored more than once during his term of office.Explanation. - A meeting adjourned for want of quorum shall deemed to be a meeting for the purpose of this sub-section.
