S. B. SINHA, C. J.

( 1 ) VIRES of the Andhra Pradesh Charitable and Hindu Religious Institutions and endowments (Amendment) Act, 2001 (Act 14 of 2001) is in question in these writ petitions. SUBMISSIONS:

( 2 ) IT is contended that an unguided and unbridled power had been conferred upon the concerned authorities. The learned counsel for the petitioners would contend that employee having not been defined, any person of the choice of the authority concerned can be appointed. FINDINGS:

( 3 ) THE Andhra Pradesh Charitable and hindu Religious Institutions and endowments Act, 1987 was enacted to consolidate and amend the law relating to administration and governance of charitable and Hindu Religious Institutions and endowments in the State of Andhra pradesh.

( 4 ) EXECUTIVE officer is defined in sec. 2 (13) and religious endowments in section 2 (22 ). Section 29 of the Act deals with matters relating to appointment and duties of executive officer. By reason of the said provision the State has been empowered to constitute the charitable or religious institutions or endowments into groups. Sub-section (1) of Section 29 reads thus:the Government may constitute not more than three charitable or religious institutions or endowments each of whose annual income is rupees fifty thousand but does not exceed rupees one lakh into such groups as may be prescribed.

( 5 ) AN executive officer can be appointed for one group of charitable or religious institutions. Sub-sections (3), (4), (5) and (6) of Section 29 which are relevant for the purpose of this case read thus: (3) The Government may for purpose of this Act, "constitute such grade of executive Officers, prescribing their appointing authorities" and authorise them to exercise such powers and discharge such duties as may be prescribed: xxx xxx xxx provided further that, it shall be competent for the Government to appoint a Regional Joint commissioner, a Deputy commissioner or an Assistant commissioner as an Executive Officer. (4) The Executive Officer appointed and exercising the powers and discharging the duties shall be a person professing Hindu religion and shall cease to exercise those powers and discharge those duties when he ceased to profess that religion. (5) (a) The Executive Officer appointed under this section shall be under the administrative control of the trustee of the institution or endowment and shall be responsible for carrying out all lawful directions issued by such trustee, from time to time; (b) The Executive Officer shall, subject to such restrictions as may be imposed by the Government (i) be responsible for the proper maintenance and custody of all the records, accounts and other documents and of all the jewels, valuables, moneys, funds and other properties of the institution or endowment; (ii) arrange for the proper collection of income and for incurring of expenditure; (iii) sue or be sued by the name of the institution or endowment in all legal proceedings; provided that any legal proceeding pending immediately before the commencement of this Act, by or against an institution or endowment in which any person other than an executive Officer is suing or being sued shall not be affected; (iv) deposit all moneys received by the institution or endowment in such bank or treasury as may be prescribed and be entitled to sign all orders or cheques against such moneys; provided that such deposit may be made in the treasury if the rate of interest offered by it is higher than that of any bank; (v) have power in cases of emergency, to direct the execution of any work or the doing of any act which is provided for in the budget for the year or the immediate execution or the doing of which is in his opinion, necessary for the preservation of properties of the institution or endowment or for the service or safety of the pilgrims resorting thereto and to direct that the expenses of executing such work or the doing of such act shall be paid from the funds of the institution or e

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