Provided that in the absence of any such direction as aforesaid the Board shall, in making the appointment have due regard to the claims of persons referred to in sub-section (4).

Tribunal to decide certain disputes

1. (1) If any question or dispute arises as to—
   • (a) whether an institution is a public religious institution;
   • (b) whether an institution is a temple or math;
   • (c) whether a trustee holds or held office as a hereditary trustee;
   • (d) whether any property or money is of a religious endowment or specific endowment;
   • (e) whether any person 's entitled, by custom or otherwise, to any honour, emolument or perquisite in any religious institution and what the established usage of a religious institution is in regard to any other matter;
   • (f) whether any instiutiton or endowment is wholly or partly of a religious or secular character and whether any property or money has been given wholly or partly for religious or secular purposes; or
   • (g) where property or money has been given for the support of an institution or the performance of a charity which is partly of a religious and partly of a secular character or when any property or money is given for appropriation partly to religious and partly to secular purposes, as to what portion thereof shall be allocated to religious purposes. such question or dispute shall be decided by the Tribunal.
2. (2) The burden of proof in all disputes covered by clauses (a) and (d) shall lie on the person claiming the institution to be private or the property or money to be other than that of a religious endowment or specific endowment, as the case may be.