Section 47 in Madras Hindu Religious and Charitable Endowments Act, 1951
47. Filling up of Vacancies in the office of Hereditary Trustee.
(1)When a permanent vacancy occurs in the office of the hereditary trustee of a religious institution, the next in the line of succession shall be entitled to succeed to the office.(2)When a temporary vacancy occurs in such an office by reason of the suspension of the hereditary trustee under section 45, subsection (1), or by reason of his supersession under section 46, subsection (3), the next in the line of succession shall be entitled to succeed and discharge the functions of the trustee until his disability ceases.(3)When a permanent or temporary vacancy occurs in such an office and there is a dispute respecting the right of succession to the office, orwhen such vacancy cannot be filled up immediately, or when a hereditary trustee is a minor and has no guardian fit and willing to act as such or there is a dispute respecting the person who is entitled to act as guardian, orwhen a hereditary trustee is by reason of unsoundness of mind or other mental or physical defect or infirmity unfit for discharging the functions of the trustee;the Deputy Commissioner may appoint a fit person to discharge the functions of the trustee of the institution until the disability of the hreditary trustee ceases or another hereditary trustee succeeds to the office or for such shorter term as the Deputy Commissioner may direct.Explanation. - In making any appointment under this subsection, the Deputy Commisioner shall have due regard to the claims of members of the family, if any, entitled to the succession.(4)Any person affected by an order of the Deputy Commissioner under subsection (3) may, within one month from the date of the receipt of the order by him, appeal against the order, to the Commissioner.(5)Nothing in this section shall be deemed to affect anything contained in the Madras Court of Wards Act, 1902.
