Section 64 in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959
64. Power of [Joint Commissioner or Deputy Commissioner] [Substituted by section 9(1) of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1995 (Tamil Nadu Act 38 of 1995).] to settle schemes.
(1)When [the Joint Commissioner or the Deputy Commissioner, as the case may be,] [Substituted by Tamil Nadu Act 38 of 1995.] has reason to believe that in the interest of the proper administration of an institution, a scheme should be settled for the institution, or when not less than five persons having interest make an application in writing, stating that in the interests of the proper administration of an institution a scheme should be settled for it, [the Joint Commissioner or the Deputy Commissioner, as the case may be, [Substituted by Tamil Nadu Act 38 of 1995.] shall consult in the prescribed manner the trustee and the persons having interest [xxx] [Words 'and the Area Committee, if any, exercising powers and discharging duties in respect of the institution' were omitted by Tamil Nadu Act 19 of 1968.] and if, after such consultation, he is satisfied that it is necessary or desirable to do so, he shall, order, settle a scheme of administration for the institution.Explanation. - For the purposes of this section, "institution" means a temple or a specific endowment attached to a temple.(2)A scheme settled under sub-section (1) for an institution may contain provision for -(a)removing any existing trustee, whether hereditary or non-hereditary:Provided that where provision is made in the scheme for the removal of a hereditary trustee, provision shall also be made therein for the appointment as trustee of the person next in succession who is qualified;(b)appointing a new trustee or trustees in the place of, or in addition to, any existing trustee or trustees;(c)defining the powers and duties of the trustee or trustees:Provided that in making any provision of the nature specified in clause (d), due regard shall be had to the claims of persons belonging to the religious denomination for whose benefit the institution is chiefly intended or maintained.(3)[The Joint Commissioner or the Deputy Commissioner, as the case may be,] [Substituted by Tamil Nadu Act 38 of 1995.] may determine what the properties of the institution are and append to the scheme a schedule containing a list of such properties.(4)Pending the settlement of a scheme for an institution, [the Joint Commissioner or the Deputy Commissioner, as the case may be,] [Substituted by Tamil Nadu Act 38 of 1995.] may appoint a fit person to perform all or any of the functions of the trustee thereof and define his powers and duties.(5)(a)[The Joint Commissioner or the Deputy Commissioner, as the case may be, may, at any time, after consulting the trustee and the persons having interest, by order, modify or cancel any scheme in force settled under sub-section (1) or any scheme in force settled or modified by the Board under the Madras Hindu Religious Endowments Act, 1926 (Madras Act II of 1927), or deemed to have been settled under that Act, or any scheme in force settled or modified by the [Joint Commissioner or the Deputy Commissioner, as the case may be,] [Substituted by Tamil Nadu Act 38 of 1995.] or the Commissioner under this Act, or any scheme in force settled or modified by the Court in a suit under sub-section (1) of section 70, or an appeal under sub-section (2) of that section or any such scheme in force deemed to have been settled or modified by the Court under clause (a) of sub-section (2) of section 118:Provided that such cancellation or modification of a scheme in force settled or modified by the Court in a suit under sub-section (1) of section 70 or on an appeal under sub-section (2) of that section or of a scheme in force deemed to have been settled or modified by the Court under clause (a) of sub-section (2) of section 118 shall be made only subject to such conditions and restrictions as may be prescribed.](b)If [the Joint Commissioner or the Deputy Commissioner, as the case may be,] [Substituted by Tamil Nadu Act 38 of 1995.] is satisfied that any such scheme referred to in clause (a) is inconsistent with this Act and the rules made thereunder, he may, at any time, after consulting the trustee and the persons having interest in the institution [xxx] [Words 'and the Area Committee, if any, exercising powers and discharging duties in respect of the institution' were omitted by Tamil Nadu Act 19 of 1968.], modify it in such manner as may be necessary to bring it into conformity with the provisions of this Act and the rules made thereunder.(6)Every order of [the Joint Commissioner or the Deputy Commissioner, as the case may be, settling,] [Substituted by section 9(1) of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1995 (Tamil Nadu Act 58 of 1995).] modifying or cancelling a scheme under this section shall be published in the prescribed manner and on such publication shall, subject to the provisions of sections 69 and 70, be binding on the trustee, the executive officer and all persons having interest.
