Amendment of section 39, Madras Act XIX of 1951

Amendment of section 39, Madras Act XIX of 1951.- In section 39 of the principal Act-

1. (a) for sub-section (2), the following sub-section shall be substituted, namely:- “(2) Where, in the case of any such institution having a hereditary trustee or trustees, the Commissioner, after notice to such trustee or trustees and after such inquiry as he deems adequate, considers, for reasons to be recorded, that the affairs of the institution are not, and are not likely to be, properly managed by the hereditary trustee or trustees, the Commissioner may, by order, appoint such number of non-hereditary trustees as he thinks necessary, so however that the total number of trustees does not exceed five.”.
2. (b) in sub-section (3), for the words, brackets and figures “Every trustee appointed under sub-section

1. (1) or sub-section (2)”, the words, brackets and figures “Every trustee appointed under sub-section
2. (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 be substituted ;
   • (c) after sub-section (3), the following sub-sections shall be added namely:- “(4) Where the 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 order.
3. (5) Where a vacancy arises in the office of a non-hereditary trustee appointed under sub-section (2), the Commissioner, shall not fill up such vacancy unless, for reasons to be recorded, he considers it necessary to do so. A non-hereditary trustee appointed in the vacancy shall be deemed to have been appointed under sub-section (2), and the provisions of sub-sections
4. (3) and
5. (4) shall apply accordingly.”.