Section 49 in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959
49. [ Power of [Assistant Commissioner] [Section 49 was substituted by section 6 of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment and Special Provisions) Act, 1976 (President's Act 24 of 1976).] to appoint trustees and fit persons.
(1)In the case of any religious institution which is not included in the list published under section 46 and is not a religious institution notified or deemed to have been notified under Chapter VI of this Act, [the Assistant Commissioner] [Substituted by Tamil Nadu Act 39 of 1996.] shall have the same power to appoint trustees including fit persons or constitute a Board of Trustees as is vested in [the Government, the Commissioner or the Joint/Deputy Commissioner] [Substituted by Tamil Nadu Act 39 of 1996.] in the case of a religious institution referred to in clause (a) of sub-section (1), or in sub-section (2), as the case may be, of section 47:[Provided that the Board of Trustees constituted under this sub-section shall consist of three persons appointed by the Assistant Commissioner from among the panel of names of persons sent by the District Committee concerned under sub-section (4) of section 7-A, of whom one shall be a member of the Scheduled Castes or Scheduled Tribes and another one shall be a women:] [Substituted by Act No. 51 of 2012, dated 16.11.2012.][Provided further that in addition to the trustees appointed by the Assistant Commissioner under this sub-section, 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 institution as a pilgrim centre; and(d)such other matters as may be prescribed:]Provided also that notwithstanding anything aforesaid in this sub-section, the [Assistant Commissioner] [Substituted by Tamil Nadu Act 39 of 1996.] may, in the case of any such religious institution which has no hereditary trustee, appoint a single trustee.(2)The provisions of sub-sections (3) and (4) of section 47 and of section 48 shall apply to the trustee or trustees appointed, or the Board of Trustees constituted by [the Assistant Commissioner] [Substituted by Tamil Nadu Act 39 of 1996.] as they apply to the trustee or trustees appointed, or the Board of Trustees constituted under section 47.] [Substituted for the words 'from among the panel of names of persons sent by the District Committee concerned under sub-section (4) of section 7-A' by section 6 of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 2006 (Tamil Nadu Act 15 of 2006).]
