Section 39 in Madras Hindu Religious and Charitable Endowments Act, 1951
39. Trustees and their number and term of office.
(1)Where a religious institution included in the list published under section 38 or over which no Area Committee has jurisdiction, has no hereditary trustee, the Commissioner shall constitute a Board of Trustees consisting of not less than three and not more than five persons appointed by him.(2)[ Where, in the case of any such institution having a hereditary trustee or trustees; the Commissioner after notice to such trustee or trustees and after such enquiry as he 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 Commissioner may , by order appoint such number of non-hereditary trustees as he thinks necessary, so however that the total number of trustees does not exceed five] [Substituted by Act No. 27 of 1954.](3)[Every trustee appointed under subsection (1) and, subject to the result of an application, if any filed under subsection (4) every non-hereditary trustee appointed under subsection (2)] [Substituted by Act No. 27 of 1954.] shall hold office for a term of five years, unless in the meanwhile the trustee is removed or dismissed or his resignation is accepted by the Commissioner or he otherwise cease to be a trustee.(4)[ Where the Commissioner 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.(5)Where a vacancy arises in the office of a non-hereditary trustee appointed under subsection (2) the commissioner shall not fill up such a vacancy unless, for reasons to be recorded, he considers it necessary to do so. A non hereditary trustee appointed in the vacancy shall be deemed to have been appointed under subsection (2) and the provisions of subsections (3) and (4) shall apply accordingly.] [Substituted by Act No. 27 of 1954.]
