Section 53 in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959
53. Powers to suspend, remove or dismiss trustees.
(1)In this section, the expression "appropriate authority" shall, unless the context otherwise requires, means,-(a)[ in respect of any trustee of any religious institution included in the list published under clause (iii) of section 46, [the Government] [Clauses (a) to (d) were substituted by section 14 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1978 (Tamil Nadu Act 42 of 1978).];(b)[ in respect of any trustee of any religious institution included in the list published under clause (ii) of section 46, the Commissioner] [Inserted by Tamil Nadu Act 39 of 1996.];(c)in respect of any trustee of any religious institution included in the list published under clause (i) of section 46 and in respect of any hereditary trustee of any religious institution not included in the list published under the said section 46, [the Joint/Deputy Commissioner] [Substituted by Tamil Nadu Act 39 of 1996.]; and(d)in respect of any non-hereditary trustee of any religious institution not included in the list published under section 46 [the Assistant Commissioner] [Substituted by Tamil Nadu Act 39 of 1996.]].[(1-A) Notwithstanding anything contained in sub-section (1), for the purpose of this section, the Government shall-also be the appropriate authority in respect of any trustee of any religious institution.] [Inserted by Tamil Nadu Act 25 of 1995.](2)The appropriate authority may suspend, remove or dismiss any trustee of a religious institution, if he-(a)ceases to profess the Hindu religion; or(b)fails to discharge the duties and perform the functions of a trustee in accordance with the provisions of this Act or the rules made thereunder; or(c)disobeys the lawful orders issued under the provisions of this Act or the rules made thereunder by [the Government] [Substituted by Tamil Nadu Act 39 of 1996.], the Commissioner [or Joint Commissioner or Deputy Commissioner] [Substituted for the words 'or Deputy Commissioner' by section 8 of the Tamil Nadu Hindu Religious Charitable Endowments (Amendment) Act, 1995 (Tamil Nadu Act 38 of 1995).] or the Assistant Commissioner; or(d)continuously neglects his duty or commits any malfeasance, misfeasance or breach of trust, in respect of the trust; or(e)misappropriates or deals improperly with the properties of [the religious institution or endowment] [Substituted for 'the institution' by Act No. 26 of 2013, dated 8.11.2013.]; or(f)is of unsound mind or is suffering from other mental defect or infirmity which would render him unfit to perform the functions and discharge the duties of a trustee or is suffering from leprosy or other loathsome disease; or(g)is sentenced by a criminal court for an offence involving moral delinquency, such sentence not having been reversed or the offence pardoned; or(h)is an undischarged insolvent; or(i)[ is interested in a subsisting lease of any property of, or contract made with or any work being done for the religious institution or endowment; [Substituted by Act No. 26 of 2013, dated 8.11.2013.](ii)is in arrears or default of any kind due by him to any religious institution or endowment;](j)[ acts adversely to the interest of any religious institution or endowment.] [Substituted by Act No. 26 of 2013, dated 8.11.2013.](jj)[ willfully fails to pay the contribution payable under sub-section (1) of section 92 or the further sum payable under sub-section (2) of section 92 within the time allowed by or under clause (b) of sub-section (2) of section 94; or] [Inserted by Tamil Nadu Act 19 of 1968.](k)absents himself from three consecutive meetings of the trustees.Explanation. - A meeting adjourned for want of quorum shall be deemed to be a meeting for the purpose of this clause; or(l)in the case of a Chairman of the Board of trustees or a Managing or Executive trustee, refuses or delays to, or does not, hand over charge to his successor.(3)When it is proposed to take action under sub-section (2), the appropriate authority shall frame charges against the trustee concerned and give him an opportunity of meeting such charges, of testing the evidence adduced against him and of adducing evidence in his favour; and the order of suspension, removal or dismissal shall state the charges framed against the trustee, his explanation and the finding on each charge with the reasons therefor.(4)Pending the disposal for the charges framed against the trustee, the appropriate authority may place the trustee under suspension and appoint a fit person to discharge the duties and perform the functions of the trustee.(5)A trustee who is aggrieved by an order passed under sub-section (2), may within one month from the date of the receipt by him of the order of suspension, removal or dismissal, appeal against the order-(i)where the order has been passed [by the Commissioner to the Government] [Substituted by Tamil Nadu Act 39 of 1996.];(ii)where the order has been passed by [the Joint Commissioner or Deputy Commissioner to the Commissioner; and] [Substituted by Tamil Nadu Act 39 of 1996.](iii)[ where the orders has been passed by the Assistant Commissioner to the Joint/Deputy Commissioner.] [Added by section 35(3)(c) of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1996 (Tamil Nadu Act 39 of 1996).][(5-A) A trustee who is aggrieved by an order passed by the Government under sub-section (2) may, within ninety days from the date of the receipt of such order by him, appeal against such order to the High Court.] [Inserted by section 4(2) of the Tamil Nadu Hindu Religious and Charitable Endowments (Third Amendment) Act, 1995 (Tamil Nadu Act 25 of 1995).](6)A hereditary trustee aggrieved by an order passed by [the Commissioner] [Substituted by Tamil Nadu Act 39 of l996.] or the Government under sub-section (5) may, within ninety days from the date of the receipt of such order by him, institute a suit in the Court against such order.
