Section 45 in Madras Hindu Religious and Charitable Endowments Act, 1951
45. Power to suspend, remove or dismiss trustees.
(1)The Deputy Commissioner in the case of any religious institution over which an Area Committee has jurisdiction, and the Commissioner in the case of any other religious institution, may suspend, remove or dismiss any hereditary or nonhereditary trustee or trustees thereof-(a)for persistent default in the submission of budgets, accounts, reports or returns, or(b)for wilful disobedience of any lawful order issued under the provisions of this Act by the Government, the Commissioner or Deputy Commissioner, the Area Committee or the Assistant Commissioner, or(c)for any malfeasance, misfeasance, breach of trust or neglect of duty in respect of the trust, or(d)for any misappropriation of, or improper dealing with, the properties of the institution, or(e)for unsoundness of mind or other mental or physical defect or infirmity which unfits him for discharging the functions of the trustee.(2)When it is proposed to take action under subsection (1), the Commissioner or the Deputy Commissioner, as the case may be, shall frame charges against the trustee concerned and give him an opportunity of meeting such charges, of testing the evidence adduced against him and of adducing evidence in his favour; and the order of suspension, removal or dismissal shall state the charges framed against the trustee, his explanation and the finding on each charge with the reasons therefor:Provided that the Deputy Commissioner shall also consult the Area Committee before passing the final order under subsection (1).(3)Pending the disposal of the charges framed against the trustee, the Commissioner or the Deputy Commissioner may place the trustee under suspension and appoint a fit person to discharge the functions of the trustee.(4)It shall be open to an Assistant Commissioner to move the Deputy Commissioner to take action under subsection (1) in respect of any trustee of an institution over which an Area Committee has jurisdiction, and to place the trustee under suspension pending the orders of the Deputy Commissioner under subsection (3).(5)A trustee who is suspended, removed or dismissed under subsection (1), may, within one month from the date of the receipt of the order of suspension, removal or dismissal; appeal against the order to the Commissioner if it was passed by a Deputy Commissioner, and to the Government if it was passed by the Commissioner.
