2[The Commissioner] 3[an Additional Commissioner], 4[a Joint Commissioner], 3[a Deputy Commissioner] 5[or an Assistant Commissioner] and every other person exercising powers of superintendence or control under this Act, shall so far as may be, observe forms and ceremonies appropriate to the religious institution in respect of which such powers are exercised and in the case of a math, act in conformity with the usages of the math in his dealing with the head of the math.
4 [25-A. Qualifications of trustees._ A person shall be qualified for being appointed as, and for being, a trustee of any religious institution or endowment-
(a) if he has faith in God;
(b) If he possesses good conduct and reputation and commands respect in the locality in which the religious institution or endowment is situated;
(c) If he has sufficient time and interest to attend to the affairs of the religious institution or endowment; and
(d) if he possesses such other merits incidental thereto.]
7.26. Disqualification of trustees.—(1) A person shall be disqualified for being appointed as, and for being, a trustee of any religious institution—
(a) if he does not profess the Hindu religion ;
(b) if he is not a citizen of India];
(c) except in the case of a hereditary trustee, if he is less than twenty-five years of age.
(d) if he is an undercharged insolvent ;
1. Substituted by Tamil Nadu Act 39 of 1996.
2. Substituted for the words “the Commissioner” by Tamil Nadu Act 50 of 2002, which deemed to have come into force on the 7th July 1997.
3. Substitution for the expression “Joint or Deputy Commissioner” by ibid.
4. Inserted by Tamil Nadu Act 26 of 2013, which came into force on
09.12.2013.
23
(e) if he is of unsound mind or is suffering from 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 any other loathsome disease ;
(f) if he has been removed or dismissed from service under the Central Government or any State Government or any local authority];
(g) if he has been sentenced by a criminal court for an offence involving moral delinquency, such sentence not having been reversed or the offence pardoned;
(h) if he has acted adverse to the interest of the institution.
(i) if he is in arrears of any kind due by him to any religious institution or endowment.
(1-A) A person shall be disqualified for being appointed as, and for being, a trustee of a religious institution or endowment.-
(a) if he 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.
(b) if he is employed as a paid legal practitioner on behalf of or against the religious institution or endowment.
(2) If a trustee—
(a) becomes subject to any of the disqualifications mentioned in subsection (1) or sub-section (1-A); or 2[(b) resigns his seat by writing under his hand addressed—
(i) in the case of trustee appointed by the Assistant Commissioner, to the Assistant Commissioner
1. The words “Chairman, Member” were added by Tamil Nadu Act 46 of 1991 and subsequently omitted by Tamil Nadu Act 39 of 1996.
2. These words were substituted by Tamil Nadu Act 39 of 1996 for the words “the Chairman or any other member of the Temple Administration Board or of the District Committee, the Commissioner” which in turn were substituted for the words “The Commissioner” the Tamil Nadu Act 46 of
1991.
3. Added by Tamil Nadu Act 50 of 2002, which came into force on 7th July
1997.
4. Added by Tamil Nadu Act 18 of 1993.
5. Substituted for the words “an Assistant Commissioner or a member of an Area Committee” by Tamil Nadu Act 19 of 1968.
6. Inserted by Tamil Nadu Act 30 of 1994.
7. Substituted by Tamil Nadu Act 26 of 2013, which came into force on
09.12.2013.
24
(ii) in the case of trustee appointed by the Joint/Deputy Commissioner, to the Joint / Deputy Commissioner ; and
(iii) in any other case, to the Commissioner, his seat shall thereupon become vacant.]
(3) If any question arises as to whether a trustee has become subject to any of the disqualifications mentioned in sub-section (1), the question shall be referred for the decision of 3[the Joint / Deputy Commissioner.]
(4) If a hereditary trustee becomes subject to any of the disqualifications mentioned in sub-section (1), 1[the Joint Commissioner or the Deputy Commissioner, as the case may be], may supercede the trustee.
2[(5) Any person affected by an order of the Joint / Deputy Commissioner under sub-section (3) or sub-section (4) may, within one month from the date of receipt of the order by him, appeal, against the order to the Commissioner.]
(6) The trustee of a religious institution for which a Board of Trustees has been constituted shall cease to hold office if he absents himself from three consecutive meetings of such Board of Trustees within a period of two months :
Provided that when a person who has ceased to be a trustee by reason of such absence applies for restoration within one month from the date of the last of the three meetings, the Board of Trustees may, at the meeting next after the receipt of such application, restore him to his office of trustee; but a trustee shall not be so restored more than once during his term of office.
Explanation.—A meeting adjourned for want of quorum shall be deemed to be a meeting for the purpose of this sub-section.