Trustees and their number and term of offices.

(1) (a) Where a religious institution included in the list published under section 46 or in respect of which the Assistant Commissioner has no power to appoint trustees, has no hereditary trustee,— (i) in cases falling under clause (i) of section 46, the Joint Commissioner / Deputy Commissioner ; (ii) in cases falling under clause (ii) of section 46, the Commissioner; and (iii) in cases falling under clause (iii) of section 46, the Government, shall constitute a Board of Trustees. Provided that the Board of Trustees constituted under items (i) and (ii) of the clause shall, subject to the provisions of clause ( c ) consist of three persons appointed by the Joint Commissioner / Deputy Commissioner or the Commissioner, as the case may be, of whom, one shall be a member of the Scheduled Castes or Scheduled Tribes : Provided further that in addition to the persons appointed by the Joint Commissioner / Deputy Commissioner or the Commissioner under items (i) or (ii) of this clause, as the case may be, the Government may nominate two persons who are qualified for appointments 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 institutions; (c) the number of worshippers and importance of the religious institutions as a pilgrim center ; and (d) such other matters as may be prescribed. (b) in respect of all the incorporated and unincorporated Devaswoms in the transferred territory, the Government shall constitute a single Board of Trustees ; (c) every Board of Trustees constituted under clause (a) or clause (b) shall consist of not less than three and not more than five persons, of whom one shall be a member of the Scheduled Castes or Scheduled Tribes: and another one shall be a woman (1) ... Provided that the Government, the Commissioner, the Joint Commissioner or the Deputy Commissioner, as the case may be, may, pending the constitution of such Board of Trustees under this sub-section, appoint a fit person to perform the functions of the Board of Trustees. (2) Where in the case of any institution include in the list published under section 46 having a hereditary trustee or trustees, the Government, the Commissioner or the Joint/Deputy Commissioner after notice to such trustee or trustees and after such enquiry as the Government, the Commissioner or the Joint/Deputy Commissioner, as the case may be, deems adequate, considers for reasons to be recorded, that the affairs of the institution are not and or not likely to be properly managed by the hereditary trustee or trustees, the Government, the Commissioner or the Joint / Deputy Commissioner may, by order, appoint a non-hereditary trustee or such number of non-hereditary trustees, as may be considered necessary by the Government, the Commissioner, or the Joint/Deputy Commissioner, as the case may be. (3) Every trustee appointed under sub-section (1) and subject to the result of an application, if any, filed under sub-section (4), every non-hereditary trustee appointed under sub-section (2) shall hold office for a term of two year, unless in the meanwhile the trustee is removed or dismissed or his resignation is accepted by the Government, the Commissioner or the Joint / Deputy Commissioner, as the case may be, or he otherwise ceases to be a trustee. Provided that every trustee, who has completed a term of office of one year on the 16th day of July 2006 shall ceases to hold office forthwith and every trustee who completes a term of office of one year after such date shall cease to hold office on such completion. Provided further that every trustee who has not completed a term of office of one year on the date of commencement of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 2010(Tamil Nadu Act 12 of 2010) shall continue to be the trustee for the period of two years from the date of his appointment. (4) Where the Government, the Commissioner or the Joint / Deputy Commissioner, by order, appoints a non-hereditary trustee or trustees, the hereditary trustee or trustees may, within thirty days of the receipt of the order, file an application to the Court to set aside or modify such an order : Provided that the Court shall have no power to stay the order of the Government, the Commissioner or the Joint / Deputy Commissioner, as the case may be, pending the disposal of the application. (5) Omitted. (2) The executive officer or the Chairman of Board of Trustees shall forthwith submit a report of the action taken by him under sub-section (1) to the Commissioner, Joint Commissioner, Deputy Commissioner or Assistant Commissioner, as the case may be. (3)(a) Where the order or resolution is placed for reconsideration under sub-section (1), the trustee or the Board of Trustees shall reconsider the order or resolution having due regard to the objections contained in the note and pass such further order or resolution as he or it may deem fit. A copy of every such further order or resolution shall be sent forthwith to the Commissioner, Joint Commissioner, Deputy Commissioner or the Assistant Commissioner, as the case may be, who may pass such order as he deems fit. (b)Where after the expiry of sixty days form the date on which the order or resolution was placed for reconsideration under sub-section (1) the trustee or the Board of Trustees fails to pass further order or resolution as required under clause (a), the Commissioner, Joint Commissioner, Deputy Commissioner or the Assistant Commissioner, as the case may be, may pass such order as he deems fit; (c) Every order passed by the Commissioner, Joint Commissioner, Deputy Commissioner or the Assistant Commissioner, as the case may be, under clause (a) or clause (b) shall be final and binding on the trustee or the Board of Trustees and the executive officer.