Tamil nadu act 025 of 1995 : Tamil Nadu Hindu Religious and Charitable Endowments (Third Amendment) Act, 1994

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Hindu Religious and Charitable Endowments (Third Amendment) Act, 1994.

(2) It shall come into force at once.

Section 2. Substitution of section 7-K

2. Substitution of section 7-K.- For section 7-K of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959) (hereinafter referred to as the principal Act), the following section shall be substituted, namely:-

"7-K. Removal of non-official members.-For good and sufficient reason,-

(a) the Government may remove any non-official member of the Temple Administration Board; and

(b) the Chairman of the Temple Administration Board may remove the Chairman of any Temple Administration District Committee if he is a non-official or any other non-official member of a Temple Administration District Committee.

from office after giving him an opportunity of showing cause against such removal and after considering the explanation offered therefor."

Section 3. ??? Section of ??? section 7-Q

3. ??? Section of ??? section 7-Q.- After section 7-P of the principal Act, the following section shall be inserted, namely:-

"7-Q. Power to supersede Temple Administration District Committee.-(1) If the Temple Administration Board is of opinion that any Temple Administration District. Committee is unable to perform, or has persistently made default in the performance of the duty imposed on it by or under this Act or has exceeded or abused its powers or has wilfully or without sufficient cause, failed to comply with any direction issued by the Temple Administration Board under this Actor if the Temple Administration Board is satisfied that the continuance of the Temple Administration District Committee is likely to be injurious to the interests of the religious institutions in the State, the Temple Administration Board may, by notification, supersede such Temple Administration District Committee for a period not exceeding one year as may be specified in the notification:

Provided that before issuing a notification under this sub-section, the Temple Administration Board shall give a reasonable time to the Temple Administration District Committee to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Temple Administration District Committee.

(2) Upon the publication of a notification under sub-section (1) superseding the Temple Administration District Committee,-

(a) all the members of the Temple Administration District Committee including its Chairman shall, as from the date of supersession, vacate their offices as such members and

(b) all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Temple Administration District ??? shall during the period of supersession, be exercised and performed by inch person or persons as the Temple Administration Board may direct.

(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Temple Administration Board may,-

(a) extend, from time to time, the period of supersession for such further period not exceeding three years in the aggregate as it may consider necessary; or

(b) reconstitute the Temple Administration District Committee in the manner provided in section 7-C and section 7-D."

Section 4. Amendment of section 53

4. Amendment of section 53.- In section 53 of the principal Act,-

(1) after sub-section (1), the following sub-section shall be inserted, namely:-

"(1-A) Notwithstanding anything contained in sub-section (1), for the purpose of this section, the Government shall also be the appropriate authority in respect of any trustee of any religious institution.";

(2) after sub-section (5), the following sub-section shall be inserted, namely:-

"(5-A) A trustee who is aggrieved by an order passed by the Government under sub-section (2) may, within ninety days from the date of the receipt of such order by him, appeal against such order to the High Court."

Section 5. Amendment of Schedule III

5. Amendment of Schedule III.- In Schedule III to the principal Act, under the heading "III. APPEALS TO COURT", in columns (1), (2) and (3), before the entries

"70(2)……..Appeal to……..50",

High Court

the following entries shall be inserted, namely:-

"53(5-A)……..Appeal to……..50".

High Court