Bare ActsTravancore-Cochin Hindu Religious Institutions Act, 1950

Section 98

Assumption of Management.--

Amendment status not verified — confirm the current text below against the official source.

(1) The Board may assume the management of an institution in the following cases:-- (a) On the application of a majority of the trustees or where there are only two trustees, of any one of them, and in cases where the founders have reserved to themselves the power of appointing and dismissing trustees, of a majority of such founders or where there are only two founders, of any one of them; (b) On the refusal of not less than half the number of trustees to accept or to continue in the trusteeship or on their admission of incapacity to continue as a trustee; (c) Where the Board has already taken part in the management by the appointment of certain officers or servants according to the existing usages, if the trustees have failed to carry on the duties properly and in the best interests of the institution; (d) Where the Board has succeeded to the right of management in part by reason of escheat, if the remaining trustees have failed to carryon their duties properly and in the best interests of the institution; and (e) Where there is proved mismanagement although the institutions do not fall under clauses (c) and (d) of this section. (2) Any person deeming himself aggrieved by an order of assumption passed on any of the grounds mentioned in clauses (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 to set aside such order: Provided that subject to the result of the suit, if any, the order of assumption shall be final.

Section 98 – Travancore-Cochin Hindu Religious Institutions Act, 1950 | DailyLaw.ai