Power of Joint Commissioner or Deputy Commissioner to settle schemes

(1) When the Joint Commissioner or the Deputy Commissioner, as the case may be, has reason to believe that in the interest of the proper administration of an institution, a scheme should be settled for the institution, or when not less than five persons having interest make an application, in writing, stating that in the interest of the proper administration of an institution a scheme should be settled for it, the Joint Commissioner or the Deputy Commissioner, as the case may be, shall consult in the prescribed manner the trustee and the persons having interest and if, after such consultation, he is satisfied that it is necessary or desirable to do so, he shall, by order, settle a scheme of administration for the institution. Explanation.—For the purposes of this section, “institution” means a temple or a specific endowment attached to a temple. (2) A Scheme settled under sub-section (1) for an institution may contain provision for – (a) removing any existing trustee, whether hereditary or non-hereditary : Provided that where provision is made in the scheme for the removal of a hereditary trustee, provision shall also be made therein for the appointment as trustee of the person next in succession who is qualified; (b) appointing a new trustee or trustees in the place of, or in addition to, any existing trustee or trustees ; (c) defining the powers and duties of the trustee or trustees : Provided that in making any provision of the nature specified in clause (b) due regard shall be had to the claims of persons belonging to the religious denomination for whose benefit the institution is chiefly intended or maintained. (3) The Joint Commissioner or the Deputy Commissioner, as the case may be, may determine what the properties of the institution are and append to the scheme a schedule containing a list of such properties.