Bare ActsThe TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ACT, 1959

Section 6

Section 47-A was originally inserted by Tamil Nadu Act 42 of 1978 and omitted by Tamil Nadu Act 46 of 1991

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

Section 47-A was originally inserted by Tamil Nadu Act 42 of 1978 and omitted by Tamil Nadu Act 46 of 1991. The said section was again inserted by Tamil Nadu Act 39 of 1996. 45 (ii) having more than one hereditary trustee, one of such hereditary trustees along shall be elected or nominated to be its Chairman. (3) A Chairman elected or nominated under sub-section (1) or sub-section (2) shall hold office for such period as may be prescribed. 2[49. Power of 3[Assistant Commissioner] to appoint trustees and fit persons.—(1) In the case of any religious institution which is not included in the list published under section 46 and is not a religious institution notified or deemed to have been notified under Chapter VI of this Act, the 1[Assistant Commissioner] shall have the same power to appoint trustees including fit persons or constitute a Board of Trustees and is vested in 2[the Government, the Commissioner or the Joint / Deputy Commissioner] in the case of a religious institution referred to in clause (a) of sub-section (1) or in sub-section (2), as the case may be, of section 47 : 3[Provided that the Board of Trustees constituted under this sub-section shall consist of three persons appointed by the Assistant Commissioner of whom one shall be member of the Scheduled Caste or Scheduled Tribe and another one shall be a woman. Provided further that in addition to the trustees appointed by the Assistant Commissioner under this sub-section, the Government may nominate two persons who are qualified for appointment as trustees under this act as members of the said Board of Trustees, having regard to the following matters, namely:— (a) the interest of the public generally ; (b) the income and the properties of the religious institution ; (c) the number of worshippers and importance of the religious institution as a pilgrim center ; and (d) such other matters as may be prescribed : Provided also that notwithstanding anything aforesaid in this sub-section, the Assistant Commissioner, may in the case of any such religious institution which has no hereditary trustee, appoint a single trustee]. (2) The provisions of sub-sections (3) and (4) of section 47 and of section 48 shall apply to the trustee or trustees appointed, or the Board of Trustees constituted, by 1[the Assistant Commissioner] as they apply to the trustee or trustees appointed, or the Board of Trustees constituted, under section 47. 47 46 1[49-A. Existing trustees in the case of religious institutions first included in the list under section 46 of cease to hold office.—(1) Notwithstanding anything contained in sections 47, 48 and 49, where a religious institution in respect of which 2[the Assistant Commissioner] has appointed trustees under sub-section (1) of section 49 is subsequently included in the list published under section 46, the trustees aforesaid shall cease to hold office from the date of such inclusion. (2) In respect of the religious institution mentioned in sub-section (1) 3[the Government, the Commissioner or the Joint /Deputy Commissioner]as the case may be, shall constitute a Board of Trustees in accordance with the provisions of sub-section (1) of section 47 and the trustees shall hold office for the term specified in sub-section (3) of the said section 47.] 4[49-B. Power of executive officer and Chairman of Board of Trustees not to implement order or resolution of the Trustee or Board of Trustees in certain cases.—(1)Where an executive officer or a Chairman of Board of Trustees considers that an order or resolution passed by a trustee or the Board of Trustees— (a) has not been passed in accordance with law ; (b) is in excess or abuse of the powers conferred on the trustee or the Board of Trustees by or under this Act, or by any other law ; (c) if implemented, is likely to cause financial loss to the institution or endowment, danger to human life, health or safety, or is likely to lead to a riot or breach of peace ; or (d) is not beneficial to the institution or endowment ; the executive officer or the Chairman of Board of Trustees, as the case may be, may, without implementing such order or resolution, place the matter before the trustee or Board of Trustees along with a note pointing out the objections to the order or resolution and request the trustee or the Board of Trustees to reconsider the order or resolution.

Section 6 – The TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ACT, 1959 | DailyLaw.ai