Suit for removal of trustee of math or specific endowment attached thereto

(1) The Commissioner or any two ore more persons having interest and having obtained the consent in writing of the Commissioner, may institute a suit in the Court to obtain a decree for removing the trustee of a math or a specific endowment attached to a math for any one or more the following reasons, namely:— (a) the trustee being of unsound mind ; (b) his suffering from any physical or mental defect or infirmity which renders him unfit to be a trustee ; (c) his having ceased to profess the Hindu religion or the tenets of the math ; (d) his conviction for any offence involving moral delinquency ; (e) breach by him of any trust created in respect of any of the properties of the religious institution ; (f) waste of the funds or properties of the institution or the wrongful application of such funds or properties for purposes unconnected with the institution ; (g) the adoption of devices to convert the income of the institution or of the funds or properties thereof into “pathakanika” ; (h) leading an immoral life or otherwise leading a life which is likely to bring the office of head of the math into contempt ; (i) persistent and willful default by him in discharging his duties or performing his functions under this Act or any other law. (4) Pending the settlement of a scheme for an institution, the Joint Commissioner or the Deputy Commissioner, as the case may be, may appoint a fit person to perform all or any of the trustees thereof and define his powers and duties. (5) (a) The Joint Commissioner or the Deputy Commissioner, as the case may be, may, at any time, after consulting the trustee and the persons having interest, by order, modify or cancel any scheme in force settled under sub-section (1) or any scheme is force settled or modified by the Board under the Tamil Nadu Hindu Religious Endowments Act, 1926 (Tamil Nadu Act II of 1927), or deemed to have been settled under that Act, or any scheme in force settled or modified by the Commissioner or the Deputy Commissioner, as the case may be, or the Commissioner under this Act, or any scheme in force settled or modified by the Court in a suit under sub-section (1) of section 70, or on an appeal under sub-section (2) of that section or any such scheme in force deemed to have been settled or modified by the Court under clause (a) of sub-section (2) of section 118 ; Provided that such cancellation or modification of a scheme in force settled or modified by the Court in a suit under sub-section (1) of section 70 or on an appeal under sub-section (2) of that section or of a scheme in force deemed to have been settled or modified by the Court under clause (a) of sub-section (2) of section 118 shall be made only subject to such conditions and restrictions as may be prescribed. (b) If the Joint Commissioner or the Deputy Commissioner, as the case may be, is satisfied that any such scheme referred to in clause (a) is inconsistent with this Act and the rules made thereunder, he may, at any time, after consulting the trustee and the persons having interest in the institution, modify it in such manner as may be necessary to bring it into conformity with the provisions of this Act and the rules made thereunder. (6) Every order of the Joint Commissioner or the Deputy Commissioner, as the case may be, settling modifying or canceling a scheme under this section shall be published in the prescribed manner and on such publication shall, subject to the provisions of sections 69 and 70 be, binding on the trustee, the executive officer and persons having interest.