Section 37 in Travancore-Cochin Hindu Religious Institutions Act, 1950
37.
(1)The Board may assume the management of Hindu Religious Endowments in the Cases following:-(a)On the application and the request by a majority consisting of not less than two-thirds of the trustees, or of the donors in cases where the donors have reserved to themselves the power of appointing and dismissing trustees.(b)On the refusal of the trustees to continue in the trusteeship or on their own admission of incapacity to continue in the trust management.(c)In cases where the Ruler of Travancore had the right to take part in the management by appointment of certain officers or servants according to existing usages, if the trustees have failed to carry on their duties properly and in the best interests of the institution.(d)In cases where the Ruler of Travancore had the right to succeed to the right of management, in part, by reason of escheat of trustees, if the remaining trustees have failed to carry on their duties properly and in the best interests of the institution.(e)In cases of proved mismanagement although the institutions do not fall under clause (c) or clause (d) of this sub-section.Explanation. - The word "donors' includes the legal representatives of the donors.(2)Notwithstanding anything contained in sub-section (1) the Board may, instead of assuming management, exercise such superintendence in the management over any institution to which this Part applies as to best fulfil the objects of the trust, if the trustees have failed to carry on their duties properly and in the best interests of the institution.(3)The Board may make rules for the purpose of carrying into effect the provisions contained in sub-section (2)(4)Any person deeming himself aggrieved by an order of assumption passed on any of the grounds mentioned in clause (c), (d) and (e) of sub-section (1) of this section may, within a period of six months from the date of the publication of the order of assumption in the Gazette, institute in the District Court, within whose jurisdiction the subject matter is situate, a suit against the Board to set aside such order:Provided that subject to the result of the suit, if any, the order of assumption shall be final.
