Section 25 in Hindu Religious Institutions and Charitable Endowments Act, 1997
25. Constitution of the Committee of Management.
(1)Subject to any general or special order of the State Government there shall be constituted by the prescribed authority a committee of management consisting of nine members in respect of one or more notified institutions and different authorities may be prescribed in respect of different class or classes of notified institutions.(2)(a)The prescribed authority shall while constituting the Committee of management under sub-section (1) have due regard to the religious denomination to which the institution or any section thereof belongs.(b)The procedure for appointment of members to the Committee of Management, verification of antecedents and other matters shall be such as may be prescribed.(c)No person shall be eligible to be appointed as a member in more than one Committee or Management, at one time.(3)The prescribed authority shall constitute the Committee or Management from among the devotees, donors and followers of the Hindu Relegious Institutions or as the case may be, the endowers and beneficieries of the Charitable Endowment in such manner that it consits of.-(i)In the case of a temple the Pradhana Archaka or Archaka;(ii)atleast one member from among the Scheduled Castes or the Scheduled Tribes; and(iii)of the other, atleast five of whom two are women, from among persons living in the vicinity of the temple :Provided that the State Government may relax the condition of clause (iii) in respect of any Notified Institution or class of such Institutions, so however that the representation of women members is not affected:Provided further that the condition of clause (ii) shall not apply to Institutions belonging to Hindu Religious Denominations or sections thereof.(4)No person shall be qualified for being appointed as a member of the Committee of Management of a Notified Institution unless:-(a)he has faith in God;(b)he has attained the age of twenty five years;(c)he possesses good conduct and reputation and commands respect in the locality in which the Institution is situate; and(d)he has donated or contributed for construction, repairs, renovation or development of any Hindu Religious Institution or Charitable Institution or for the performance of utsavam or any charitable cause in the institution;(5)A person shall be disqualified for being appointed or continuing as a member of the Committee of Management of any notified Institution.-(i)if he is declared an undischarged insolvent by a competent court or;(ii)if he is of unsound mind and stands so declared by a competent court or if he is a deaf or mute or is suffering from leprosy or any virulent or contagious disease; or(iii)if he has an interest, direct or indirect in any subsisting lease of any property or of any contract made with, or any work being done for, the institution, or is in arrears of any kind due by him to such institution;or(iv)if he is appearing as a legal practitioner on behalf of or against the institution; or(v)if he has been sentenced by a criminal court for an offence involving moral turpitude, such sentence not having been reversed or offence pardoned;(vi)if he has at any time conducted adverse to the interests of the institution; or(vii)if he is an office holder other than Archaka, or a servant attached to or a person in receipt of any emolument or perquisite from such institution; or(viii)if he is addicted to intoxication liquor or drugs; or(ix)if he is not a Hindu; or having been a Hindu has converted to any other religion;(6)If a member of the Committee is, or becomes subject to any disqualification under sub-section (5) he shall automatically cease to be such member.(7)If any question arises whether a member is or has become subject to any disqualification under sub-section (5) the prescribed authority may either suo-motu or on a report made to it and, after giving an opportunity of being heard to the person concerned, decide that question.
