ANDHRA PRADESH CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS AND ENDOWMENTS ACT, 1987
(1) This Act may be called the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It applies to -
(a) all public charitable institutions and endowments, whether registered or not, in accordance with provisions of this Act, other than Wakfs governed by the provisions of the Wakfs Act, 1954.
Explanation :- In this clause, the expression "public charitable institutions and endowments" shall include every charitable institution or endowment the administration of which is for the time being vested in any department of Government, or Civil Court, Zilla Praja Parishad, Municipality or local authority, or any company, society, organisation, institution or oth
Section 1 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter "the Act") lays down the preliminary provisions including the title, extent, commencement, and definitions relevant to the Act. It establishes the framework for regulating charitable and religious endowments in Andhra Pradesh, aiming to consolidate and amend existing laws for effective governance of Hindu religious institutions and endowments.
Section 1 primarily states:- The title of the Act as "The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987".- The extent of the Act, covering the whole of Andhra Pradesh.- The commencement date of the Act.- Definitions of key terms used in the Act, including "charitable institution," "endowment," and related expressions, which are crucial for interpreting the provisions throughout.
In summary, Section 1 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, serves as the foundational provision, establishing the title, territorial extent, commencement, and definitions that underpin the entire legislative scheme. Its clarity and comprehensive scope facilitate effective governance, protection of religious properties, and alignment with constitutional principles, while also providing a clear legal basis for enforcement and judicial interpretation.
In this Act, unless the context otherwise requires -
(1) archaka includes a Pujari, Panda, an Archakatvam Mirasidar or other person, who personally performs or conducts any archana, puja or other ritual:
(2) Assistant Commissioner means the Assistant Commissioner appointed under sub-section (1) of Section 3 and includes every officer who for the time being exercises the powers and performs the functions of an Assistant Commissioner under this Act or the rules made thereunder in respect of any charitable or religious institutions or endowments, as specified in sub-section (5) of Section 3;
(2a)Board means the Tirumala-Tirupathi Devasthanams Board constituted by the Government under Section 96 ;
(2b) Chairman means the Chairman of the Board of the Co
Section 2 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, provides definitions of key terms used throughout the Act. These definitions are fundamental for understanding the scope, application, and interpretation of the provisions of the Act, ensuring uniformity in its implementation across the State of Andhra Pradesh.
Section 2 enumerates and clarifies the meanings of critical terms such as "administration," "endowment," "Hindu religious institution," "Hereditary Trustee," "Religious endowment," "Temple," and others. It sets the foundation for the legal framework governing the management, administration, and regulation of charitable and religious institutions under the Act.
Section 2 itself does not prescribe punishments. However, any contravention of the definitions or misinterpretation leading to illegal management or transfer of properties could result in penalties under other sections of the Act, such as Sections 108, 111, or related provisions.
In summary, Section 2 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, plays a pivotal role in establishing the definitional clarity necessary for the effective regulation, management, and protection of religious and charitable institutions within Andhra Pradesh. It ensures that the scope of the Act is well-understood, provides legal certainty, and facilitates consistent judicial interpretation.
(1) Subject to the provisions of Section 4, the Government shall appoint a Commissioner, Additional Commissioner and such number of Regional Joint Commissioners, Deputy Commissioners and Assistant Commissioners as they think fit for the purpose of exercising the powers and performing the functions conferred on or entrusted to them by or under this Act.
(2) The Commissioner, the Additional Commissioner and every Regional Joint Commissioner, Deputy Commissioner or Assistant Commissioner appointed under sub-section (1) exercising the powers and performing the functions as aforesaid in respect of religious institutions or endowments, shall be a person professing Hindu religion and shall cease to exercise those powers and perform those functions when he ceases to profess that religion.
(3) The conditions of service of the officers appointed u
(1) A person to be appointed as the Commissioner, shall be one-
(a) who is holding or has held a post of the District Collector or a post not lower in rank than that of a District Collector in any other service in the State ; or
(b) who is holding or has held a post in the Andhra Pradesh Higher Judicial Service ; or
(c) who has at least, ten years practice as an Advocate of the High Court of Andhra Pradesh or of the Supreme Court; or
(2) The qualifications for appointment to the office of Additional Commissioner, Regional Joint Commissioner and Assistant Commissioner shall be such as may be prescribed.
(3) [- - - - - - -]
(4) [- - - - - - -]
&nb
For the purposes of this Act, the Commissioner shall with the previous approval of the Government divide the State into such number of regions and each such region into such number of divisions and each such division into such number of sub-divisions as he may deem fit. Each region shall be in the charge of Regional Joint Commissioner, each division shall be in the charge of a Deputy Commissioner and each such sub-division shall be in the charge of an Assistant Commissioner:
Provided that it shall be lawful for the Government to appoint a Regional Joint Commissioner for more regions than one or a Deputy Commissioner for more divisions than one or an Assistant Commissioner for more sub-divisions than one.
The Commissioner shall prepare separately and publish in the prescribed manner, a list of-
(a)
(i) the charitable institutions and endowments ; or
(ii) the religious institutions and endowments other than maths; whose annual income as calculated for the purpose of levy of contribution under Section 65 exceeds rupees five lakhs;
(b)
(i) the charitable institutions and endowments;
(ii) the religious institutions and endowments, other than maths; whose annual income calculated as aforesaid exceeds rupees fifty thousand but does not exceed rupees five lakhs;
(c)
(i) the char
The Commissioner shall be a corporate sole and shall have perpetual succession and common seal and may sue or be sued in his corporate name.
(1)Subject to the other provisions of this Act, the administration of all charitable and Hindu Religious institutions and endowments shall be under the general superintendence and control of the Commissioner and such superintendence and control shall include the power to pass any order which may be deemed necessary to ensure that such institutions and endowments are properly administered and their income is duly appropriated for the purposes for which they were found or exist.
(2) Without prejudice to the generality of the foregoing provisions, the Commissioner shall exercise the powers conferred on him and perform the functions entrusted to him by or under this Act in respect of such institutions or endowments in the State as are included in the lists published under clause (a), clause (d) and clause (e) of Section 6.
(3) The powers and
Section 8 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, delineates the powers and functions of the Commissioner and the delegated authorities concerning the administration, supervision, and control of charitable and religious endowments. It forms the core legal basis for administrative actions, including appointment of officers, delegation of powers, and oversight of endowments' management, ensuring proper governance aligned with statutory provisions.
Section 8 establishes that:- The administration of all charitable and Hindu religious institutions and endowments is under the general superintendence and control of the Commissioner.- The Commissioner exercises powers conferred by or under the Act, including passing necessary orders for proper administration.- The powers of the Additional Commissioner and other officers are to be determined by the Government.- The Commissioner can delegate specific powers to Deputy Commissioners and Assistant Commissioners, excluding certain key functions.- The Commissioner may also specify restrictions, limitations, and conditions on the exercise of delegated powers.- The section provides for the delegation of powers, including the authority to appoint officers such as Executive Officers, and to declare certain actions or orders in writing.
Section 8 confers wide-ranging administrative powers, including:- Oversight over the management of endowments and temples.- Power to delegate specific functions to subordinate officers.- Authority to appoint Executive Officers and other staff.- Power to pass orders relating to administration, discipline, and management.- Authority to specify conditions and restrictions on delegated powers.- Oversight to ensure that the institutions operate in accordance with the Act and rules.
This section essentially empowers the Commissioner and delegated officers to manage day-to-day affairs and undertake administrative actions necessary for the effective governance of religious and charitable institutions.
While Section 8 itself does not specify punishments, violations of the delegated powers or misuse of authority can lead to disciplinary proceedings under the rules framed thereunder, such as the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Office Holders and Servants Service Rules, 2000. Misuse or abuse of powers, such as arbitrary appointments or unwarranted orders, can result in departmental action, departmental appeals, or judicial review.
In conclusion, Section 8 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, provides a comprehensive framework for the exercise of administrative powers, delegation, supervision, and control, ensuring the proper governance of religious and charitable endowments while maintaining checks against misuse through rules and judicial oversight.
Subject to the administrative control of the Commissioner a Regional Joint Commissioner shall exercise such powers and perform such functions of the Commissioner as may, from time to time, be determined by the Government in respect of institutions and endowments in the region and any order passed or proceeding taken by a Regional Joint Commissioner in the exercise of such powers and the performance of such functions shall be deemed to be an order of the Commissioner for the purpose of this Act.
Every Deputy Commissioner shall, within the division in his charge exercise the powers conferred on and perform the functions entrusted to a Deputy Commissioner as such by or under this Act, in respect of such institutions or endowments as are included in the list published under clause (b) of Section 6 :
Provided that where a specific endowment is situated in two or more divisions, the Commissioner shall decide as to which of the Deputy Commissioners shall have the jurisdiction to exercise the powers, or perform the functions in respect of such endowment.
Every Assistant Commissioner shall, within the sub-division in his charge, exercise the powers conferred on, and perform the functions entrusted to, an Assistant Commissioner as such by or under this Act in respect of all institutions and endowments included in the list published under clause (c) of Section 6.
Provided that where a specific endowment is situated in two or more sub-divisions, the Commissioner shall decide as to which of the Assistant Commissioners shall have jurisdiction to exercise the powers, or perform the functions in respect of such endowment.
(1) The Commissioner, the Additional Commissioner, a Regional Joint Commissioner, a Deputy Commissioner, or an Assistant Commissioner having jurisdiction or any other person authorised by the Commissioner in this behalf,may with due regard to the religious practices and usages of the institutions, inspect any charitable or religious institution or endowment, all moveable and immoveable property belonging to and all records, correspondence, plans, accounts and other documents relating to such institution or endowment for the purpose of satisfying himself that the provisions of this Act and the rules made thereunder are duly carried out:
Provided that in the case of any religious institution or endowment or place of worship, the person so inspecting or authorised to inspect shall be a Hindu.
(2) Every person exercising the power of inspec
(1)The Commissioner, the Additional Commissioner, a Regional Joint Commissioner, a Deputy Commissioner, an Assistant Commissioner and every other person, exercising powers or performing the functions under this Act, shall not interfere with and shall observe the forms, usages, ceremonies and practices obtaining in and appropriate to the religious institution or endowment in respect of which such powers are exercised or functions are performed and in the case of a math, act in conformity with the rules, practices, usages or customs of the math in his dealings with the head of the math.
(2) The Commissioner, shall subject to such directions as the Government may give from time to time, prepare a code of conduct for the trustees, archakas and other office holders, servants and employees and for the persons visiting worshipping at or restoring to a religious institution or endowment an
All properties belonging to, or given or endowed to a charitable or religious institution or endowment shall, vest in the charitable or religious institution or endowment, as the case may be.
(1) In respect of a charitable or religious institution or endowment included in the list published under clause (a) of Section 6 -
(a) whose annual income exceeds rupees ten lakhs, the Government shall constitute a Board of Trustees consisting of nine persons appointed by them.
(b) whose annual income does not exceed rupees ten lakhs, the Commissioner shall constitute a Board of Trustees consisting of five persons appointed by him.
(2) In respect of a charitable or religious institution or endowment included in the list published under clause (b) of Section 6, the Deputy Commissioner having jurisdiction shall constitute a Board of Trustees consisting of five persons appointed by him.
(3) In the case of any charitable or religious institution or en
Notwithstanding any compromise or agreement entered into or scheme framed, or judgment, decree or order passed by any court, tribunal or other authority or in a deed or other document prior to the commencement of this Act and in force on such commencement, the rights of a person for the office of the hereditary trustee or mutawalli or dharmakarta or muntazim or by whatever name it is called shall stand abolished on such commencement.
(1) In making the appointment of trustees under Section 15, the Government, the Commissioner, the Deputy Commissioner or the Assistant Commissioner, as the case may be, shall have due regard to the religious denomination or any section thereof to which the institution belongs or the endowment is made and the wishes of the founder:
Provided that one of the trustees shall be from the family of the founder, if qualified.
(2) Every trustee appointed under Section 15 shall hold office for a term of two years from the date of taking oath of office and secrecy. Provided that every trustee who completed a term of office of one year at the commencement of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments (Amendment) Act, 2000 shall cease to hold office forthwith and every trustee whose term of office exists after such
A person shall be qualified for being appointed as or for being a trustee of charitable or religious institution or endowment,-
(a) if he has faith in God;
(b) if he possesses good conduct, and reputation and commands respect in the locality in which the institution is situated;
(c) if he has contributed for construction, renovation or development of any institution or performance of any Utsavam or Ubhayam or any charitable cause;
(d) if he has sufficient time and interest to attend to the affairs of the institution; and
(e) if he possesses any other merit.
(1) A person shall be disqualified for being appointed as, or for being, trustee of any charitable or religious institution or endowment -
(a) if he is an undischarged insolvent;
(b) if he is of unsound mind and stands so declared by a competent court or if he is a deaf-mute or is suffering from leprosy or any virulent contagious disease;
(c) if he is interested either directly or indirectly in a subsisting lease of any property or of contract made, with, or any work being done for, the institution or endowment or is in arrears of any kind due by him to such institution or endowment;
(d) if he is appearing as a legal practitioner on behalf of or against the institution or endowment;
(e) if he has been se
(1) In the case of charitable and religious institution or endowment and for which a Board of Trustees is constituted under Section 15, the members of the Board of Trustees shall, within such period not exceeding sixty days and in such manner as may be prescribed, elect from among themselves, the Chairman ; and if no Chairman is elected within the prescribed period the Government in the case of a Board of Trustees constituted under clause (a) of sub-section (1) of Section (15) and the Commissioner in the case of any other Board of Trustees shall nominate one of the members as Chairman.
(2)A Chairman elected or nominated under sub-section (1) shall hold office so long as he continues to be a member of the Board of trustees.
Cessation of trusteeship on absence from the meetings of the Board of Trustees :-
(1) A trustee of a charitable or religious institution or endowment for which a Board of Trustees is constituted, shall cease to hold office as such-
(a) Where more than three ordinary meetings of the Board of Trustees have been held within a period of three consecutive months reckoned from the date of commencement of the term of office of the trustee or of the date of the last meeting which he attended or of the date of his restoration to the office as member under sub-section (2), as the case may be, if he absents himself from all such meetings; or
(b) where less than three ordinary meetings have been held within the said period of three months, if he absents himself from three consecutive ordinary meetings h
(1) Where a trustee of any charitable or religious institution or endowment-
(a) becomes subject to any disqualification specified in sub-sections (1) and
(3) of Section 19 and is removed under Section 28; or
(b) tenders resignation of his office and the same is accepted by the Government, the Commissioner, the Deputy Commissioner, or the Assistant Commissioner, as the case may be, his office shall thereupon become vacant.
(2) Where a vacancy in the office of a trustee has arisen under sub-section (1), or by efflux of time, or otherwise the Government, the Commissioner, the Deputy Commissioner or the Assistant Commissioner, as the case may be, shall appoint a new trustee in his place and such trustee shall hold office for the residue of the term
(1) The trustee of every charitable or religious institution or endowment shall administer its affairs, manage its properties and apply its funds in accordance with the terms of the trust, the usage of the institution or endowment and all lawful directions which a competent authority may issue in respect thereof and as carefully as a man of ordinary prudence would deal with such affairs, fund and properties if they were of his own.
(2) A trustee shall, subject to the provisions of this Act, be entitled to exercise all powers incidental to the prudent and beneficial administration of the charitable or religious institution or endowment and to the performance of the functions entrusted to him.
(3) A trustee shall not spend the funds of the charitable or religious institution or endowment for meeting any costs, charges or expenses incurred
(1) The Commissioner, the Deputy Commissioner, or the Assistant Commissioner, as the case may be, having jurisdiction over any charitable or religious institution or endowment,-
(a) may require the trustee or any person, in possession of, or responsible for the custody of any books, accounts, returns, reports or other information relating to the administration of the institution or endowment, its funds, income, monies or other properties connected therewith or the appropriation thereof, to furnish or produce or cause to be furnished or produced for any inspection which may be made under the provisions of this Act, all or any of them at such place and time and in such manner as he may direct;
(b) shall, at all reasonable times, have free access to such books, accounts, documents, funds, income, monies or other properties.
(1) The trustee of a religious institution or endowment, other than a math or specific endowment attached thereto, shall within a period of ninety days from the date of commencement of this Act or the date of founding of the religious institution or endowment, other than a math or specific endowment attached thereto, and after consultation with the Sthanacharya or where there is no such Sthanacharya, the archaka or archakas concerned, submit proposals, for fixing the dittam in the institution or endowment and the amounts to be spent therefor to the Commissioner, the Deputy Commissioner or the Assistant Commissioner, as the case may be, having jurisdiction over such institution or endowment. Provided that the Commissioner, the Deputy Commissioner or the Assistant Commissioner, as the case may be, may extend the time for the submission of such proposals;
Provided further that this s
Section 25 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, pertains to the fixation of dittam (a term referring to the amount or share, often in the context of offerings or income, allocated for specific purposes or persons) by trustees of religious or charitable endowments. This section is crucial in regulating the management of endowments, ensuring transparency, and safeguarding the interests of beneficiaries and the institution.
Section 25 provides that the trustee of a religious institution or endowment, other than a math or specific endowment attached thereto, shall within ninety days from the commencement of the Act, fix the dittam (share or amount) payable to or for the benefit of any person or for any purpose, in accordance with the rules and usages applicable to the institution or endowment. The section emphasizes that this fixation must be done in a manner consistent with the established practices and customs, and in accordance with the directions issued by the competent authority.
The Act, including Section 25, does not specify direct penal provisions for failure to fix dittam within the stipulated time. However, non-compliance can lead to:- Legal consequences: Orders or directions from the competent authority or Tribunal for fixation or correction.- Administrative action: Penalties or disciplinary measures against trustees who neglect their duties.- Legal remedies: Beneficiaries or affected persons may approach courts or tribunals for enforcement or correction of fixation.
Legal Comments (Bullet Point Summary):
This concise legal commentary synthesizes the scope, judicial interpretations, and practical implications of Section 25, emphasizing its role in the effective management and regulation of religious and charitable endowments in Andhra Pradesh.
The trustee of a specific endoment made for the performance of any service or charity connected with a charitable or religious institution shall perform such service or charity subject to the general superintendence of the trustee of the institution and shall comply with all lawful orders issued by him.
No act or proceedings of the trustee or trustees appointed or deemed to be appointed or Board of Trustees constituted or deemed to be constituted under Section 15 shall be deemed to be invalid by reason only of a defect in the appointment of such trustee or trustees or constitution of such Board of Trustees or on the ground that the trustee, the Chairman or any member of the Board, as the case may be, was not entitled to hold or continue in such office by reason of any disqualification or by reason of any irregularity or illegality in his appointment or by reason of such act or proceeding having been done or constructed during the period of any vacancy in the office of the trustee, Chairman or member of the Board.
(1) The authority competent to appoint a trustee may suspend, remove or dismiss a trustee if he-
(a) fails to discharge the duties and perform the functions of a trustee in accordance with the provisions of this Act or the rules made thereunder.
(b) disobeys any lawful orders issued under the provisions of this Act or the rules made thereunder, by the Government or the Commisioner or the Deputy Comissioner or the Assistant Commissioner;
(c) refuses, fails or delays to handover the property and records in his possession relating to the institution or endowment to his successor or any other person authorised in this behalf.
(d) commits any malfeasance or misfeasance or is guilty of breach of trust or misapproprition in respect of the properties of th
(1) The Government may constitute not more than there 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.
(2) For each such group of charitable or religious institutions or endowments there shall be appointed an Executive Officer for exercising the powers and discharging the duties conferred on him by or under this Act.
(3) The Government may for purposes of this Act, constitute such grades of Executive Officers, prescribing their appointing authorities and authorise them to exercise such powers and discharge such duties as may be prescribed. Provided that twenty pertum of vacancies in each grade of Executive Officers shall be filled by the employees belonging to the Institutions or Endowments of prescribed grade
Section 29 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, governs the appointment and responsibilities of the Executive Officer of religious and charitable institutions. It aims to ensure proper administration, accountability, and management of endowments and institutions under the Act, aligning with constitutional provisions and statutory mandates.
Section 29 prescribes that:- There shall be an Executive Officer for every charitable or religious institution or endowment.- The appointment of such officers is to be made by the Government for institutions with income of Rs. 1 crore and above, and by the Commissioner for others.- The section details the qualifications, responsibilities, and powers of the Executive Officer.- It provides provisions for appointment in cases of institutions with lower income, including trustees or other authorized persons exercising the powers of an Executive Officer.- The section also empowers the Government or Commissioner to delegate powers and appoint officers based on income and other criteria.
While Section 29 itself primarily deals with appointment and duties, violations such as unauthorized appointment, mismanagement, or failure to adhere to prescribed procedures can attract penalties under other provisions of the Act, including disciplinary action, removal, or criminal liability for misconduct or misappropriation.
Note: This commentary synthesizes legal principles derived from the provided sources, emphasizing statutory interpretation, constitutional safeguards, and judicial considerations relevant to Section 29.
(1) The Government may appoint the Engineering staff of such grades and designations as they may deem necessary, in the Endowments Department to evaluate and control the quality in the supply of material and execution of work. The salaries, allowances, pension and other remuneration of such engineering staff shall be paid in the first instance out of the Consolidated Fund of the State.
(2) The Government may, for the services rendered by the engineering staff appointed under sub-section (1) recover the whole or any portion of the amounts or charges from such institution or endowments as may be prescribed.
(3) The procedure laid down in this Act, for the recovery of contribution from the institution or endowment shall, as far as may be, apply to the recovery of amounts or charges under sub-section (2).
The Commissioner may draw a panel of Engineers, Architects and Silpis from time to time for appointment on such terms and conditions as may be prescribed for each sub-division for preparation of plans and estimates for supervision of the execution of the works , and for recording measurements and check measurements and the like.
The Government or such other authority as may be authorised by them in this behalf, shall appoint such other subordinate officers with such designations and assign to them such powers and such functions as the Government may deem necessary for the purposes of this Act.
(1) The Government may, by notification, constitute any officers or class of officers appointed under Section 29, Section 30 or Section 32 into an Endowment Service for the State.
(2) Upon the issue of a notification under sub-section (1), the Government shall have power, subject to the provisions of Section 153 ro make rules, to regulate the classification, methods of recruitment, qualifications, conditions of service, pay and allowances and discipline and conduct of every Endowment Service thereby constituted and such rule shall invest jurisdiction in relation to such service in the Government and in such other authority as may be prescribed therein.
(1)
(a) Notwithstanding anything in any compromise or agreement entered into or scheme framed or sanad or grant made or judgment, decree or order passed by any Court, Tribunal or other authorities prior to the commencement of this Act and in force on such commencement, all rights, whether, hereditary, contractual or otherwise of a person holding any office of the Peddajeeyangar, Chinna Jeeyangar, a Mirasidar or an Archaka or Pujari or any other office or service or post by whatever name it is called in any religious institution or endowment shall on the commencement of this Act stand abolished.
(b) Any usage or practice relating to the succession to any office or service or post mentioned in clause (a) shall be void;
(c) All rights and emoluments of any nature in cash or kind or both accrued
(1) Every vacancy. whether permanent or temporary, amongst the office-holders or servants of a charitable or religious institution or endowment shall be filled by the Trustee: Provided that in the case of a charitable or religious institution or endowment whose annual income exceeds rupees ten lakhs the Executive Officers, shall appoint the office holders and servants thereof.
(2) No person shall be considered for appointment to any vacancy under sub-section (1) on the ground merely, that he is entitled for such appointment according to
(i) any scheme framed, agreement entered or judgment, decree or order passed by any court, tribunal or other authority prior to the commencement of this Act.
(ii) any custom or usuage; or
(iii) the principle that he
A person shall be qualified for being appointed as or for being an Archaka of a religious institution or endowment
(a) if he has passed the Arachaka Examination recognised by the Commissioner;
(b) if he is not disabled or suffering from any virulent and contagious disease;
(c) if he is able to recite vedic mantras and slokas relating to rituals with clarity and without any fault.
(d) if he possesses good conduct and character;
(e) if he is free from Sapthavyasanams:
Provided that preference shall be given to a person who is a Brahmacharin.
Explanation:- For purposes of this section, the expression " Sapthavyasanam
(1)All office-holders and servants attached to a charitable or religious institution or endowment, shall be under the control of the trustee; and the trustee may, after following the prescribed procedure and for reasons to be recorded in writing, impose fine, or order suspension, removal, dismissal or any other prescribed penalty, on any of them for breach of trust, misappropriation, incapacity, disobedience of orders, misconduct, violation of the code of conduct laid down or neglect of duty assigned by or under this Act or other sufficient cause.
(2) Notwithstanding anything in sub-section (1), in the case of an office-holder or servant of an institution or endowment whose annual income exceeds rupees ten lakhs, the power to impose any penalty specified in that sub-section shall,subject to such restrictions and conditions, as may be laid down by the Government, be exercised by the
(1) Where it is noticed by the Commissioner, the Deputy Commissioner or the Assistant Commissioner having jurisdiction that any office-holder or servant attached to an institution or endowment has not been dealt with suitably by the trustee or the Executive Officer as the case may be under Section 37 for any of the lapses specified in sub-section (1) thereof, the Commissioner, the Deputy Commissioner or the Assistant Commissioner as the case may be, may direct the trustee or the Executive Officer to take action under Sec.37, failing which the Commissioner, the Deputy Commissioner or the Assistant Commissioner as the case may be, may after following the prescribed procedure, impose by an order in writing any of the penalties specified in sub-section (1) of that section on such office-holder or servant.
(2) Any office holder or servant aggrieved by an order passed under sub-section (
(1) The Commissioner shall have power to transfer any office holder or servant attached to a charitable or religious institution or endowment from that institution or endowment to any other institution or endowment in accordance with such rules as may be made by the Government in this behalf.
(2) The Deputy Commissioner or the Assistant Commissioner, as the case may be, having jurisdiction over the area shall have power to transfer any office holder or servant attached to a charitable or religious institution or endowment from that institution or endowment to any other institution or endowment in accordance with such rules as may be made by the Government in this behalf.
No office-holder or servant of a charitable or religious institution or endowment shall have the right to be in possession of the jewels or other valuables belonging to the institution or endowment except under such conditions and safeguards as may be prescribed.
(1) Where an Executive Officer considers that an order or resolution passed by a trustee or the Board of Trustees.
(a) has not been passed in accordance with Law;
(b) is in excess or abuse of the powers conferred on the trustee or the Board of Trustees by or under the Act, or by any other law;
(c) if implemented, is likely to cause financial loss to the institution or endowment,danger to human life, health or safety, or is likely to lead to a riot or breach of peace; or
(d) is not beneficial to the institution or endowment. R R the Executive Officer may, without implementing such order or resolution, place the matter before the trustee or Board of Trustees along with a note pointing out the objections to the order or resolution and request the trus
(1) Notwithstanding any scheme judgment, decree or order of a court, tribunal or other authority or any custom or usage, governing any charitable or religious institution or endowment the provisions of this chapter shall, with effect on and from the date of the commencement of this Act, prevail in so far as they relate to the matters governed by the corresponding provisions in any such scheme, judgment, decree or order or any custom or usage and such corresponding provisions, shall thereafter have no effect.
(2)
(a) Any Scheme in force at the commencement of this Act, in so far as it relates to matters not governed by the provisions of this chapter, may at any time, by order, be modified or cancelled
(i) where such scheme was settled or modified by the Commissioner or the Deputy Commissioner
(1) The trustee or other person incharge of the management of every charitable or religious institution or endowment shall, in the case of an institution or endowment in existence at the commencement of this Act, within ninety days from such commencement; and in the case of an institution or endowment found after such commencement, within ninety days of such founding make an application for its registration to the Assistant Commissioner within whose sub-division such institution or endowment is situated.
Provided that the Assistant Commissioner may, for sufficient cause, extend the time for making the application.
(2)
(a) Where any endowment is situated in the sub divisions of two or more Assistant Commissioners, the trustee or other persons incharge of the management of the endowment shall
The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, aims to regulate the administration and governance of charitable and religious institutions in the state of Andhra Pradesh. Section 43 specifically addresses the registration of such institutions and endowments, establishing a framework for their recognition and management.
Section 43 mandates the registration of charitable and religious institutions and endowments. It outlines the procedures for applying for registration, the responsibilities of trustees, and the maintenance of a register by the Assistant Commissioner of Endowments.
The scope of Section 43 encompasses all charitable and religious institutions and endowments within Andhra Pradesh. It provides a legal framework for their recognition, ensuring that they operate under the oversight of the Endowments Department.
While Section 43 itself does not specify punishments, failure to comply with its provisions may lead to legal consequences under related sections of the Act, including potential eviction or penalties for unauthorized management of properties.
This commentary provides an overview of Section 43 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, highlighting its significance in the legal landscape governing charitable and religious institutions in the state.
Where any trustee or other person incharge of the management of a charitable or religious institution or endowment fails to apply for the registration of the institution or endowment, the Commissioner, shall give notice to the trustee or the other person aforesaid to make an application in that regard within a specified period and if he fails to make such application within the period specified, the Commissioner may have the institution or endowment registered after following the prescribed procedure and recover the cost incurred for such registration from the funds of such institution or endowment.
(1) Any person aggrieved by an entry or omission to make an entry in the register maintained under Section 43 may apply to the Deputy Commissioner for modification or annulment of such entry, or for directing the making of such entry, as the case may be.
(2) On receipt of the application the Deputy Commissioner may, after making such enquiry as may be necessary, pass such order as he may deem fit. The order so passed shall, subject to the provisions of sub-section (3), be final ; and the Assistant Commissioner shall amend the entry in the register maintained under Section 43 in accordance therewith.
(3) Where any such application relates to the right claimed by the applicant in respect of such entry or omission, the Deputy Commissioner shall enquire into and decide the question as if it were a dispute within the meaning of Sec. 87 and th
(1) The Assistant Commissioner, may on an application made to him in this behalf, furnish to the applicant copies of any extracts from the register maintained under Section 43 on payment of such fee as may be prescribed.
(2) Such copies may be certified in the manner provided in Section 76 of the Indian Evidence Act, 1872.
(3) It shall, until the contrary is established, be presumed that all particulars entered in the register maintained under Section 43 are genuine, a certified copy of an entry in the register maintained under Section 43 shall be admissible in evidence in any court and have the same effect to all intents as the original entry in the register of which it is a copy.
In this chapter, unless the con otherwise requires, "Mathadhipathi" means any person whether known as mohant or by any other name, in whom the administration and management of a math or specific endowment attached to a math are vested.
The provisions of Sections 18, 19, 20, 21, 22, 25 and 28 shall not apply to math or specific endowment attached thereto.
(1) The mathadhipathi of every math or specific endowment attached thereto shall submit to the Commissioner within a period of ninety days from the date of commencement of this Act, or the date of founding of such math or specific endowment, proposals for fixing the dittam in the math or specific endowment and the amounts to be spent therefor : Provided that the Commissioner may extend the time for the submission of such proposals ;
Provided further that this sub-section shall not apply to any math or specific endowment in respect of which proposals were submitted to the Commissioner under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966, before the commencement of this Act.
(2) The mathadhipathi shall, while submitting his proposals under sub-section (1), have due regard to the established usage,
(1) The Mathadhipathi shall maintain regular accounts of receipts of padakanukas or other personal gifts of property made to him as the head of the Math and he shall be entitled to spend, at his discretion for any purpose which is connected with the objects of the math and propagation of Hindu Dharma.
(2) Any padakanuka or other personal gift which remains undisposed of during the life time of the mathadhipathi shall devolve on the math as its asset.
(3) In the case of gifts of property or money made to the mathadhipathi not as personal gifts but as gifts intended for the benefit of the math, the Mathadhipathi, shall keep accounts of all receipts and disbursements of such gifts and shall cause such accounts to be produced before the Commissioner or any person authorised by him in this behalf whenever so required.
&n
(1) The Commissioner may suo motu or on an application of two or more persons having interest initiate proceedings for removing a mathadhipathi or a trustee of a specific endowment attached to a math, if he
(a) is of unsound mind ;
(b) is suffering from any physical or mental defect or infirmity which renders him unfit to be a mathadhipathi or such trustee ;
(c) has ceased to profess the Hindu religion or the tenets of the math ;
(d) has been sentenced for any offence involving moral turptitude, such sentence not having been reversed ;
(e) is guilty of breach of trust, or mis-appropriation in respect of any of the properties of the math ;
(f) commits persisten
(1) Where a temporary vacancy occurs in the office of the mathadhipathi and there is a dispute in regard to the right of succession to such office, or where the mathadhipathi is a minor and has no guardian fit and willing to act as guardian, or where the mathadhipathi is under suspension under sub-section (3) of Section 51 the Commissioner shall, if he is satisfied after making an inquiry in this behalf that an arrangement for the administration of the math and its endowment or of the specific endowment, as the case may be, is necessary, make such arrangement as he thinks fit until the disability of the mathadhipathi ceases or another mathadhipathi succeeds to the office, as the case may be.
(2) In making any such arrangement, the Commissioner shall have due regard to the claims, if any, of the disciples of the math.
(3) Nothing in this
(1) Where a permanent vacancy occurs in the office of the Mathadhipathi, by reason of death or resignation or on account of his removal under Section 51 or otherwise the person next entitled to succeed according to the rule of succession laid down by the founder, or where no such rule is laid down, according to the usage or custom of the math, or where no such usage or custom exists according to the law of succession, for the time being in force, shall with the permission of the Commissioner succeed to the office of the Mathadhipathi.
(2) A person for succession to the office of the mathadhipathi under sub-section (1) shall possess the following qualifications, namely:-
(a) basic knowledge of the Hindu Religion and Philosophy ;
(b) knowledge of the relevant scriptures and sampradaya to which
(1) Subject to the provisions of Section 53, a mathadhipathi may nominate his successor. The fact of such nomination shall be intimated to the Commissioner, within ninety days of such nomination and the Commissioner may recognise such nomination. A nomination shall not be complete unless it is recognised by the Commissioner. The conditions for recognition shall be such as may be prescribed.
(2) Where a Mathadhipathi fails to nominate his successor under sub-section (1) or where there is no mathadhipathi, the Commissioner or any officer authorised by him shall after due publication convene a meeting with the mathadhipathis of other maths of the same sampradayam and the disciples of the math and recognise the person nominated in such meetings as a mathadhipathi subject to the provisions of this Act. The procedure for convening the meeting and method of publication shall be such as ma
(1) Where the Commissioner either suo motu or upon a report submitted by the Deputy Commissioner or the Assistant Commissioner having jurisdiction, has reason to believe that the affairs of the math and its properties are being mismanaged, funds are being misappropriated, or that there is gross neglect of duty on the part of the mathadhipathi, he may after making such enquiry, as may be prescribed, order to frame a scheme of administration, of a math and the specific endowment.
(2) A scheme of administration framed under sub-section (1) may contain provision for
(a) appointing or directing the appointment of an Executive Officer ;
(b) constituting a committee consisting of not more than five persons for the purpose of assisting in the whole or any part of the administration of all the endowme
(1) All sums of Dharmadayam shall vest in the person charging or collecting the same as a trustee.
(2) Such trustee shall before the 15th May of every year furnish in respect of every Financial Year the particulars of the amounts charged or collected, to the Commissioner.
(3) The Commissioner shall have power to make such enquiry as he thinks fit to verify the correctness of the accounts submitted and to take such steps as may be necessary for the utilisation of the amount for charitable or religious purposes :
Provided that no amount charged or collected for a specific charitable religious purpose shall be utilised for any purpose other than one for which it was charged or collected.
(4) The provisions of Chapter III other than Section 22, 24, 28
(1) The trustee of every charitable or religious institution or endowment shall, ninety days before the close of every financial year, submit in such form as may be specified by the Commissioner, a budget showing the probable receipts and disbursements of the institution or endowment during the following year -
(i) to the Commissioner, if it is included in the list published under clause (a) or clause (d) of Section 6 ;
(ii) to the Deputy Commissioner, if it is included in the list published under clause (b) of Section 6 ;
(iii) to the Assistant Commissioner, if it is included in the list published under clause (c) of Section 6.
(2)(a) Every budget shall make an adequate provision for -
(i) the due main
(1) The Executive Officer shall keep regular accounts of all receipts and disbursements, for each financial year separately in such form and containing such particulars as may be specified by the Commissioner.
(2)
(a) The accounts of every charitable or religious institution or endowment, the annual income of which as calculated for the purpose of Section 65 for the financial year immediately preceding exceeds rupees one lakh, shall be subject to concurrent audit, that is to say, the audit shall take place as and when expenditure is incurred.
(b) The accounts of every other institution or endowment, the annual income of which calculated as aforesaid for the financial year immediately preceding is not less than five thousand rupees, shall be audited annually, or if the Commissioner so directs
After completing the audit for any financial year or shorter period, or for any transaction or, series of transactions, as the case may be, the auditor shall send a report
(i) to the Commissioner in respect of the institutions included in the lists published under clause (a), clause (d) and clause (e) of Section 6 ;
(ii) to the Deputy Commissioner in respect of institutions included in the list published under clause (b) of Section 6 ; and
(iii) to the Assistant Commissioner in respect of institutions included in the list published under clause (c) of Section 6.
(1) The auditor shall specify in his report all cases of irregular, illegal or improper expenditure or of failure to report moneys or other property due to the charitable or religious institution or endowment or of loss or waste of money or other property thereof, caused by neglect or misconduct or misapplication or collusion or fraud or breach of trust or misappropriation on the part of the trustee or of any other person.
(2) The auditor shall also report on such other matters relating to the accounts as may be prescribed or on which the Commissioner, Deputy Commissioner or Assistant Commissioner, as the case may be, may require him to report.
(1)The Commissioner, the Deputy Commissioner or the Assistant Commissioner, as the case may be, shall send a copy of every audit report relating to the accounts of a charitable or religious institution or endowment to the Executive Officer and it shall be the duty of such Executive Officer to remedy within the time specified in this behalf the defects or irregularities pointed out by the auditor and report the same to the Commissioner, Deputy Commissioner, or the Assistant Commissioner, as the case may be.
(2) Where on a consideration of the audit report received by him under clause (i) of Section 59 and the report of the Executive Officer thereon received by him under sub-section (1) of this section and after such enquiry as may be necessary, the Commissioner thinks that the trustee or any other person was guilty of illegal expenditure or of loss or waste of money or other propert
Without prejudice to the provisions of Section 61, where the Commissioner either suo motu or on a report made by the Deputy Commissioner, the Assistant Commissioner or any other officer, has reason to believe that the trustee or any other person was guilty of illegal expenditure or of causing loss or waste of money or other property, by misconduct, misapplication, collusion, fraud, breach of trust, misappropriation, or negligence, the Commissioner, may after such enquiry as may be necessary and after giving an opportunity to the trustee or other person concerned to make his representation -
(i) pass an order directing conditional attachment of the whole or any portion of the property of the trustee or other person ;
(ii) institute such criminal proceedings as may be necessary ; or
(iii) pass
The Government shall specify the agency for the purposes of carrying out the Audit referred to in clauses (a) and (b) of sub-section (2) of Section 5.
It shall be the duty of the trustee of the charitable or religious institution or endowment concerned and all officers and servants working under him, his agent and any person having concern in the administration of the institution or endowment, to produce or cause to be produced before the auditors, all accounts, records, correspondence, plans, other documents and property including monies relating to the institution or endowment to furnish them with such information as may be required, and to afford them all such assistance and facilities as may be necessary for the audit of the accounts of the institution or endowment.
(1) In respect of the services rendered by the Government and their employees, every charitable or religious institution or endowment or Dharmadayam other than Tirumala Tirupathi Devasthanams whose annual income is not less than rupees five thousands, shall be liable to pay to the Government annually from the income derived by it, such contribution not exceeding seven per tum of the annual income as may be prescribed.
(2) In respect of the services rendered by the Government and their employees, the Tirumala Tirupathi Devasthanams, shall be liable to pay the Government annually from the income derived by it, a contribution of seven per tum of such annual income or rupees fifty lakhs in lump sum whichever is higher.
(3) The contribution which an institution or endowment or Tirumala Tirupathi Devasthanams is liable to pay under sub-section
(1) The contribution payable under Section 65 shall be assessed by the Commissioner on, and notified to, the trustee of the charitable or religious institution or endowment or Dharmadayam in the prescribed manner and the order of assessment passed under this sub-section shall, subject to the provisions of Sections 90 and 91, be binding on the trustee :
Provided that if, for any reason the contribution or any portion thereof has escaped assessment in any year, the Commissioner may, within three years from the end of the year to which such escaped assessment relates, serve on the trustee a notice assessing him to the contribution or portion thereof due and demanding payment thereof within fifteen days from the date of such service and the provisions of this Act and the rules made thereunder shall, so far as may be, apply as if the assessment was made in the first instance.
(1) Notwithstanding anything in sub-section (1) of Section 136, all costs, charges and expenses incurred by the Government, the Commissioner, Deputy Commissioner or Assistant Commissioner under any of the provisions of this Act as a party to or in connection with any legal proceedings in respect of any charitable or religious institution or endowment shall, subject to the limits prescribed, be payable out of the funds of such institution or endowment.
(2) The costs, charges and expenses payable under sub-section (1) shall be assessed on, and notified to, the trustee of the charitable or religious institution or endowment in the prescribed manner :
Provided that if for any reason any costs, charges and expenses or any portion thereof has not been notified in any year, the Commissioner may, within three years from the end of the year in w
(1)The trustee of a charitable or religous institution or endowment or Dharmadayam may, within fifteen days from the date of receipt of a notice issued under sub-section (1) of Section 66, or under sub-section (2) of Section 67, or within such further time as may be granted by the Commissioner, prefer his objection, if any, to the Commissioner in writing. Such objection may relate either to his liability to pay or the quantum of the amount specified in the notice. The Commissioner shall consider such objection and pass an order confirming, withdrawing or modifying his original notice and communicate the same to the trustee.
(2) Within thirty days from the date of receipt of the notice under Section 66 or Section 67 or when objection has been preferred, within thirty days from the date of receipt by the trustee of the order of the Commissioner under sub-section (1) of this section,
(1) There shall be established a fund to be called the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Administration Fund. The Endowment Administration Fund shall vest in the Commissioner.
(2) (a) The following amounts shall be credited to the Endowments Administration Fund, namely:-
(i) the balance in the fund constituted under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act,1966.
(ii) the sums due to the Government under Section 64 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act,1966.
(iii) the contributions and audit fee payable under sub-section (1) of Section 65 when realised.
(iv) the amounts recovered
(1)
(a) The Commissioner shall create out of the payments made by the charitable and religious institutions and endowments and by any institution or person
(i) in respect of Hindu charitable institutions and religious institutions and endowments, a fund to be called the Andhra Pradesh Hindu Charitable and Religious Institutions and Endowments Common Good Fund; and
(ii) in respect of other charitable institutions and endowments, a fund to be called the Andhra Pradesh Charitable Institutions and Endowments Common Good Fund.
(b) The Common Good Fund created under item (i) of clause (a) shall be utilised for the following purposes namely.
(i) renovation, preservation and maintenance including payment of sa
The Common Good Fund shall vest in a Committee constituted by the Government and shall be administered in such manner as may be prescribed.
(1) Where there is a surplus in the funds of an institution or endowment including a specific endowment attached thereto after providing for all the objects, needs, requirements or improvements of the institution or endowment and after making adequate provision for purposes referred to in sub-section (2) of Section 57, the trustee may make an application in the manner prescribed for permission to utilise such surplus fund for all or any of the following purposes.
(i) propagation of the religious tenets of the institution or endowment;
(ii) establishment and maintenance of schools for the training of archakas, adhyapakas and Vedaparayanikas and for the study of Divya Prabhandhams and the like for furthering education in Sanskrit.
(iii) establishment and maintenance of, any institution in which
(1) The Commissioner, the Deputy Commissioner or the Assistant Commissioner, as the case may be, having jurisdiction, shall, on being satisfied that a charitable or religious institution or endowment has, whether before or after the commencement of this Act, ceases to exist, hold an enquiry in the prescribed manner to ascertain its properties and funds and after doing so, shall pass an order
(a) specifying the properties and funds of the institution or endowment;
(b) appointing a trustee therefor;
(c) directing the recovery of any such properties or funds from any persons who may be in possession thereof; and
(d) laying down that the properties, and funds so specified shall be applied or utilised for the renovation of the institution or endowment a
(1) Where the Commissioner is satisfied after making such enquiry as may be prescribed, that
(a) the original object for which a charitable or religious institution or endowment was founded has, from the beginning, been or has subsequently become impossible of realisation;
(b) the income or any surplus balance of such institution or endowment has not been utilised or is not likely to be utilised;
(c) in any of the cases mentioned in Section 158 or in regard to the appropriation of the Dharmadayam sums held in trust under Section 56, the directions of the Commissioner are necessary. the Commissioner shall make an order giving directions as to how the property or money belonging to the institution, endowment or Dharmadayam concerned shall be appropriated. In giving the direction, the Commission
(1) Any lease for a term exceeding six years and any gift, sale exchange or mortgage of an inam land granted for the support or maintenance of charitable or religious institution or endowment or for the performance of a religious or public charity or service, shall be null and void unless any such transaction not being a gift, is effected with the prior sanction of the Government.
(2) Such prior sanction may be accorded by the Government where they consider that the transaction is (i) necessary or beneficial to the institution or endowment. (ii) in regard to the land which is an uneconomical holding for the institution or endowment to own and maintain; and (iii) the consideration thereof is adequate and proper.
(3)The provisions in clause (c) of sub-section (1) of Section 80 shall apply for the sale of any inam land.
(1) Where, before or after the commencement of this Act,any person has been granted a ryotwari patta in respect of any inam land given to a service holder or other employee of a charitable or religious institution or endowment for the purpose of rendering service to the institution or endowment then, notwithstanding anything to the contrary in any other law for the time being in force or in the deed of grant or of transfer or other document relating to such land, it shall be and shall be deemed never to have been granted and the lands covered by such ryotwari patta shall not be transferred and shall be deemed never to have been transferred and accordingly no or title in such land shall vest in any person acquiring the land by such transfer and a ryotwari patta in respect of such land shall be deemed to have been granted in favour of the institution or endowment concerned and thereafter the person in possession of such land sh
(1) The Revenue Divisional Officer may, either suo motu or on the application of the trustee of a charitable or religious institution or endowment or of the Commissioner or of any person having interest in the institution or endowment authorised by the Commissioner, by order, resume the whole or any portion of any such inam land referred to in Section 75 on all or any of the following grounds namely
(i) that the holder of the inam has effected a transaction which is null and void under Section 75;
(ii) that the charitable or religious institution or endowment has ceased to exist or the charity or service has become impossible of performance;
(iii) that the holder of such inam land has failed to perform or make the necessary arrangements for performing, in accordance with the custom or usage o
(1) Any person aggrieved by an order of the Revenue Divisional Officer under sub-section (1) of Section 77 may appeal to the District Collector within such time as may be prescribed, and on such appeal, the District Collector may, after giving notice to the Commissioner and each of the persons mentioned in sub-section (2) of that section and after holding such inquiry as may be prescribed, pass an order confirming, modifying or cancelling the order of the Revenue Divisional Officer.
(2) The order of the District Collector on such appeal or the order of the Revenue Divisional Officer under sub-section (1) of Section 77 where no appeal is preferred, shall be final, and shall not be liable to be questioned in any Court of law.
No immovable property shall be purchased for or on behalf of any charitable or religious institution or endowment except with the prior sanction of the Commissioner and the Commissioner shall not accord such sanction unless he considers that such property is necessary or beneficial to the institution or endowment and that the price proposed to be paid therefor is not excessive :
Provided that before such sanction is accorded, the particulars relating to the proposed transaction shall be published in the Andhra Pradesh Gazette inviting objections and suggestions with respect thereto and all objections and suggestions received from the trustee or other person having interest shall be duly considered by the Commissioner.
(1)
(a) Any gift, sale, exchange or mortgage of any immovable property belonging to or given or endowed for the purpose of any charitable or religious institution or endowment shall be null and void unless any such transaction, not being a gift, is effected with prior sanction of the Commissioner.
(b) The Commissioner, may after publishing in the Andhra Pradesh Gazette the particulars relating to the proposed transaction and inviting any objections and suggestions, with the respect thereto and considering all objections and suggestions if any received from the trustee or other person having interest, accord such sanction where he considers that the transaction is-
(i) prudent and necessary or beneficial to the institution or endowment:
(ii) in res
Where before the commencement of this Act, any sale, exchange, or mortgage of any immovable property belonging to any charitable or religious institution or endowment is effected, without the prior sanction of the Commissioner or Government such transaction shall be null and void and shall be deemed never to have been effected and accordingly no or title in such property shall vest in any person acquiring the property by such transaction and any such property shall be deemed to be the property of the institution or endowment concerned and any person in possession of such property shall be deemed to be an encroacher and thereafter the provisions of Sections 84 and 85 shall apply.
(1) Any lease of agricultural land belonging to or given or endowed for the purpose of any institution or endowment subsisting on the date of commencement of this Act shall, notwithstanding anything in any other law for the time being in force, held by a person who is not a landless poor person stand cancelled.
(2) In respect of leases of agricultural lands held by landless poor person for not less than six years continuously, such person shall have the to purchase such lands for a consideration of seventy five per centum of the prevailing market value of similarly situated lands at the time of purchase and such consideration shall be paid in four equal instalments in the manner prescribed. Such sale may be effected otherwise than by tender-cum-public auction :
Provided that if such person fails to purchase the land in accordance with t
(1) Where the Assistant Commissioner having jurisdiction, either suo motu or upon a complaint made by the trustee has reason to believe that any person has encroached upon (hereinafter in this Chapter referred to as encroacher) any land, building, tank, well, spring or water-course or any space belonging to the institution or endowment, wherever situated or deemed as an encroacher under any of the provisions of this Act, the Assistant Commissioner shall report the fact together with relevant particulars to the Deputy Commissioner having jurisdiction over the division in which the institution or endowment is situated.
Explanation :- For the purpose of this Chapter the expression encroacher shall mean any person who unauthorisedly occupy any land or building or space and deemed to include any person who is in occupation of the land or building or space without the approval of the co
The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, aims to regulate the administration of charitable and religious institutions in the state. Section 83 specifically addresses encroachments on properties belonging to these institutions and outlines the procedures for eviction of encroachers.
Section 83 of the Act provides a legal framework for the eviction of individuals who have encroached upon land or buildings owned by charitable or religious institutions. It defines "encroacher" and establishes the authority of the Endowments Tribunal to adjudicate eviction applications.
The scope of Section 83 extends to all properties owned by charitable and religious institutions, including land, buildings, tanks, wells, and other resources. It applies to both individuals and entities that occupy these properties without legal authorization.
While Section 83 primarily focuses on eviction procedures, it implicitly establishes that unauthorized occupants may face legal action leading to eviction and potential damages for unauthorized use of the property.
Encroachment Definition - Section 83 defines encroachment clearly, allowing for straightforward identification of unauthorized occupants. -
Eviction Authority - The Endowments Tribunal has the exclusive authority to adjudicate matters related to encroachments, ensuring specialized handling of such cases. -
Legal Framework - The section provides a robust legal framework for the eviction process, which is crucial for protecting the interests of religious institutions. -
Judicial Precedents - Courts have upheld the provisions of Section 83, reinforcing its applicability in eviction cases involving encroachers. - [ "Chintha Narasimha Swamy, S/o. Ganga Raju VS Assistant Commissioner, Endowments Department"]
Tenant at Sufferance - Individuals remaining on property after lease expiration are classified as encroachers, emphasizing the need for compliance with lease terms. - [ "C. Dattatreya VS Assistant Commissioner"]
Damages for Occupation - The Tribunal can order payment of damages for unauthorized occupation, providing a financial remedy to the affected institution. - [ "Vannemreddy Mohana Krishna VS Camp Bell Choultry"]
No CPC Application - The provisions of the Code of Civil Procedure do not apply to proceedings under Section 83, ensuring that the process remains streamlined and specific to the Act. - [ "Ghanshyam Jaju VS Assistant Commissioner, Endowments Department"]
Public Interest - The Act serves a public interest by safeguarding properties that are vital for religious and charitable activities. - [ "Vinjamuri Rajagopala Chary VS Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department"]
Encroachment Recovery - The section facilitates the recovery of encroached properties, thereby maintaining the sanctity of religious institutions. - [ "Nalli Sanyasi Naidu VS Maharaja Alka Narayana Society of Arts and Sciences (MANSAS) rep. by its Secretary, Vijayanagaram"]
Judicial Review - Decisions made under Section 83 can be subject to judicial review, ensuring accountability in the eviction process. - [ "Chintha Narasimha Swamy, S/o. Ganga Raju VS Assistant Commissioner, Endowments Department"]
Interlocutory Applications - The Tribunal's handling of interlocutory applications demonstrates its authority to manage procedural aspects effectively. - [ "A. M. Eswara Mudaliar VS Deputy Commissioner of Endowments, Kurnool"]
Service Inams - The section recognizes the historical context of service inams, which can complicate eviction proceedings if not properly documented. - [ "Vinjamuri Rajagopala Chary VS Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department"]
Encroacher's Rights - Encroachers cannot claim rights based on possession alone, reinforcing the need for legal authorization to occupy property. - [ "Ghanshyam Jaju VS Assistant Commissioner, Endowments Department"]
Public Auctions - The section allows for public auctions of leasehold rights, ensuring transparency in the leasing process for temple properties. - [ "Kothapalli Govinda Rajulu VS State of Andhra Pradesh"]
Legal Clarity - The clear definitions and procedures outlined in Section 83 provide legal clarity, reducing potential disputes over encroachments. -
Eviction Process - The eviction process under Section 83 is designed to be efficient, minimizing delays in recovering encroached properties. - [ "DARSHI VENKATA SATYA SRIDEVI VS THE ASSISTANT COMMISSIONER"]
Protection of Religious Institutions - The Act, through Section 83, plays a crucial role in protecting the properties of religious institutions from unauthorized occupation. - [ "Chintha Narasimha Swamy, S/o. Ganga Raju VS Assistant Commissioner, Endowments Department"]
Historical Context - The section acknowledges the historical significance of properties, which may have implications for eviction proceedings. - [ "Vinjamuri Rajagopala Chary VS Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department"]
Legal Remedies - The Act provides various legal remedies for institutions facing encroachments, ensuring they can protect their assets effectively. - [ "Kothapalli Govinda Rajulu VS State of Andhra Pradesh"]
This commentary highlights the significance of Section 83 in maintaining the integrity of charitable and religious institutions in Andhra Pradesh, providing a legal mechanism for addressing encroachments effectively.
(1) Where within the period specified in the order under sub-section (4) of Section 83, the encroacher has not removed the encroachment and has not vacated the land, building or space, the Assistant Commissioner having jurisdiction over the sub-division may remove the encroachment and obtain possession of the land, building or space, encroached upon, taking such police assistance as may be necessary. Any Police Officer whose help is required for this purpose shall be required to render the necessary help to the Assistant Commissioner.
(2) Nothing in sub-section (1) shall prevent any person aggrieved by the order of the Deputy Commissioner under sub-section (4) of Section 83 from instituting a suit in a Court to establish that the charitable or religious institution or endowment has no title to the land, building or space :
Provided that
(1) Where the Deputy Commissioner knows or has reason to believe that a group or groups of persons, without any entitlement and with the common object of occupying any land, which is the property belonging to charitable or religious institution or endowment, are occupying or have occupied any such land and if such group or groups of persons have not vacated the land on demand by the Deputy Commissioner or any officer authorised by him in this behalf, the Deputy Commissioner shall, notwithstanding anything contained in this Act, order without any notice, the immediate eviction of the encroachers from the land and the taking of possession of the land and thereupon, it shall be lawful for any officer authorised by the Deputy Commissioner in this behalf to evict the encroachers from the land by force, taking such police assistance as may be necessary and take possession of the land. Any police officer whose help is required for t
(1) Any person who, on or after the commencement of this Act continues to be in occupation, otherwise than by lawful possession of a land belonging to a charitable or religious institution or endowment shall be guilty of an offence under this Act.
(2) Whoever contravenes the provisions of sub-section (1), shall on conviction be punished with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine which may extend to five thousand rupees.
(3) No Court shall take cognizance of an offence punishable under sub-section (2) except on the complaint in writing of the Commissioner.
(4) No offence punishable under sub-section (2) shall be inquired into or tried by any court inferior to that of a Magistrate of the First Class.
(1) The Deputy Commissioner having jurisdiction shall have the power, after giving notice in the prescribed manner to the person concerned, to enquire into and decide any dispute as to the question -
(a) whether an institution or endowment is a charitable institution or endowment ;
(b) whether an institution or endowment is a religious institution or endowment ;
(c) whether any property is an endowment, if so whether it is a charitable endowment or a religious endowment ;
(d) whether any property is a specific endowment ;
(e) whether any person is entitled by custom or otherwise to any honour, emoluments or perquisites in any charitable or religious institution or endowment and what the established usage
Section 87 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, confers the powers and jurisdiction upon the Endowments Tribunal to adjudicate disputes related to religious and charitable endowments, including questions of property, status, hereditary rights, and membership. It is a vital provision that centralizes dispute resolution concerning religious institutions to specialized tribunals, aiming to ensure proper administration and legal clarity.
Section 87 empowers the Endowments Tribunal to:- Enquire into and decide disputes regarding whether an institution or property is charitable or religious.- Determine whether property is an endowment, and if so, whether it is charitable or religious.- Decide questions of hereditary rights, membership, and entitlement to emoluments or honors [Source: "K. China Audi Narayana VS State of Andhra Pradesh"].- Pass interim orders for safeguarding properties pending decision.- Continue jurisdiction until the Tribunal is constituted, after which the Deputy Commissioner's powers are superseded [Source: "Yendreddy Snyasireddy VS Venkateswaraswamy Temple"].- The decisions made by the Tribunal are subject to appeal under Section 88.
While Section 87 primarily deals with dispute resolution, violations such as non-compliance with Tribunal orders or obstructing its proceedings can attract penalties under other provisions of the Act, including fines or other penalties for contempt or breach of orders [General understanding from the Act].
Jurisdictional Exclusivity - Section 87 clearly establishes that the Tribunal has exclusive jurisdiction over disputes relating to religious and charitable institutions, which bars civil courts from adjudicating such matters, ensuring specialized and uniform decisions [Source: "Chinnareddivari Ramachandra Reddy VS Archakam Sreenivasa Bhattar"].
Tribunal’s Power to Decide Hereditary Rights - The Tribunal’s authority explicitly includes deciding whether a person is a founder or a member of the founder’s family, which is crucial for determining hereditary rights and trusteeship [Source: "K. China Audi Narayana VS State of Andhra Pradesh"].
Presumption of Public Nature - There is a statutory presumption that institutions are public unless proven to be private, shifting the burden of proof onto the claimant to establish private or secular character [Source: "M. Penchala Swamy S/o Late Narasimhulu VS State of Andhra Pradesh"]].
Pending Proceedings and Continuity of Jurisdiction - Section 87(5) provides that until the Tribunal is constituted, the Deputy Commissioner continues to decide disputes, which underscores the transitional jurisdictional framework [Source: "Yendreddy Snyasireddy VS Venkateswaraswamy Temple"]].
Scope of Disputes Covered - The section encompasses disputes over property classification, hereditary rights, membership, and character of institutions, indicating a comprehensive jurisdiction over religious and charitable disputes [Source: "M. Penchala Swamy S/o Late Narasimhulu VS State of Andhra Pradesh"].
Role of Notice and Due Process - The requirement of notice before hearings ensures fairness, and the Tribunal’s power to pass interim orders aids in preserving the status quo pending final decision [Source: "Yendreddy Snyasireddy VS Venkateswaraswamy Temple"].
Appeal Provisions - Section 88 provides a right of appeal to the High Court against Tribunal decisions, maintaining judicial oversight and checks on Tribunal orders [Source: ""]].
Protection of Properties and Rights - The Tribunal can pass interim orders to prevent damage, misappropriation, or breach of trust, which is vital for safeguarding endowment properties during disputes [Source: "Yendreddy Snyasireddy VS Venkateswaraswamy Temple"].
Burden of Proof - The Act shifts the burden onto the person claiming private or secular character, which is consistent with the presumption of public nature of religious institutions [Source: "M. Penchala Swamy S/o Late Narasimhulu VS State of Andhra Pradesh"]].
Hereditary Rights and Membership - The specific mention of disputes regarding hereditary rights emphasizes the importance of family lineage in trusteeship and religious office recognition [Source: "K. China Audi Narayana VS State of Andhra Pradesh"].
Role of the Deputy Commissioner - Before the Tribunal’s constitution, the Deputy Commissioner retains jurisdiction, but post-constitution, jurisdiction shifts, highlighting the importance of timely Tribunal formation [Source: "Yendreddy Snyasireddy VS Venkateswaraswamy Temple"]].
Procedural Safeguards - The Act mandates proper notice, hearing, and opportunity to be heard, ensuring procedural fairness in dispute resolution [Source: "M. Penchala Swamy S/o Late Narasimhulu VS State of Andhra Pradesh"].
Inclusion of Disputes about Property and Status - The scope includes disputes over whether property is an endowment and whether the institution is religious or secular, covering both property and character issues [Source: "M. Penchala Swamy S/o Late Narasimhulu VS State of Andhra Pradesh"].
Impact on Civil Courts - The Act’s provisions, especially Sections 87 and 151, restrict civil courts from entertaining suits over disputes within its scope, centralizing jurisdiction in specialized tribunals [Source: "Chinnareddivari Ramachandra Reddy VS Archakam Sreenivasa Bhattar"]].
Legal Hierarchy and Overriding Effect - Tribunal decisions under Section 87 are binding until the Tribunal is constituted, after which the Deputy Commissioner’s jurisdiction is limited, clarifying the hierarchy [Source: "Yendreddy Snyasireddy VS Venkateswaraswamy Temple"]].
Res Judicata and Finality of Orders - The Supreme Court has held that the principle of res judicata does not bar subsequent proceedings if the dispute involves change of facts or circumstances, especially when the nature of dispute evolves over time [Source: "Chinnareddivari Ramachandra Reddy VS Archakam Sreenivasa Bhattar"].
Potential for Judicial Review - Decisions of the Tribunal are subject to appeal, and the High Court’s supervisory jurisdiction under Article 226/227 ensures judicial review of tribunal orders [Source: ""]].
Limitations and Challenges - The Act’s provisions aim to prevent multiplicity of suits and ensure speedy resolution but may also lead to disputes over jurisdiction, especially when civil courts are invoked.
Conclusion - Section 87 of the Act is a comprehensive, exclusive jurisdiction clause designed to streamline dispute resolution concerning religious and charitable endowments, safeguarding properties, hereditary rights, and institutional character, with mechanisms for interim relief and appeals, thereby reinforcing the statutory framework for religious endowment governance.
Note: The references provided are based on the supplied sources, emphasizing key points and legal interpretations relevant to Section 87.
Any person aggrieved by the decision of the Deputy Commissioner or the order of the Commissioner under Section 87 and the decision of the Commissioner under Section 119 may, within ninety days from the date of receipt of the decision prefer an appeal to the District Judge and within the limits of Municipal Corporation of Hyderabad to the Chief Judge, City Civil Court.
(1) No suit, application or appeal pending before a court which relates to charitable or religious institution or endowment, shall be withdrawn or compromised by the trustee or other person incharge of the management of such institution or endowment except with the previous sanction of the Commissioner.
(2) Where the Commissioner considers that any claim, demand, or cause of action for suing in respect of the affairs, funds, or properties of the charitable or a religious institution or endowment shall, in the interests of the institution or endowment be compromised without instituting or without continuing any suit or other legal proceeding and if the other party to such suit or other legal proceedings is willing to enter into a compromise under the terms and conditions which the Commissioner considers acceptable in the interest of the institution or endowment, the Commissioner may
(1) Any person aggrieved may, within ninety days from the date of receipt by him of an order, appeal against such order where it is passed by -
(i) the Commissioner under sub-section (4) of Section 25, sub- section (1) of section 28, sub-section (2) or sub-section (3) of Section 61, sub-section (1) of Section 66 and sub-sections. (1) and (2) of Section 73, to the Government.
(ii) the Deputy Commissioner or the Assistant Commissioner, as the case may be, under sub-section (4) of Sec. 25, sub-section (1) of Section 28, sub-sections (1) and (2) of Section 73, to the Commissioner.
The High Court may call for the record of any case -
(i) which has been decided by a court and in which no appeal lies thereto ;
(ii) which has been decided by the District Court in an appeal under Section 88 ;
(iii) which has been decided by the Government in an appeal under Section 90 ; or
(iv) which has been decided by the Government under sub-section (1) of Section 28. If such court or the Government appears -
(a) to have exercised a jurisdiction not vested in it or them by law ;
(b) to have failed to exercise a jurisdiction so vested ; or
(c) to have acted in the exercise of its or their jurisdiction illegally
(1) The Commissioner may either suo motu or on the application, call for and examine the record of any Deputy Commissioner or Assistant Commissioner, or of any other Officer subordinate to him or of any Executive Officer or any trustee of a charitable or religious institution or endowment, other than a math or a specific endowment attached to a math in respect of any administrative or quasi-judicial decision taken or order passed under this Act, but not being a proceeding in respect of which a suit or an appeal or application, or reference to a Court is provided by this Act to satisfy himself as to the correctness, legality or propriety of such decision or order taken or passed, and if in any case, it appears to the Commissioner that such decision or order should be modified, annulled, reversed or remitted for reconsideration, he may pass orders accordingly.
(2) The Commissioner sh
(1) The Government may either suo motu or on an application call for and examine the record of the Commissioner or any Deputy Commissioner or any Assistant Commissioner or any other Officer subordinate to them, or of any Executive Officer or any trustee of a charitable or religious institution or endowment, other than a math or specific endowment attached to a math in respect of any administrative or quasi-judicial decision taken or order passed under this Act, but not being a proceeding in respect of which a suit or an appeal or application, or a reference to court is provided by this Act, to satisfy themselves as to the correctness, legality or propriety of such decision or order taken or passed, and if in any case, it appears to the Government that such decision or order should be modified, annulled, reversed or remitted for reconsideration, they may pass orders accordingly :
P
The Government may either suo motu, or on an application from any person interested made within ninety days of the passing of an order under Section 93, review any such order if it was passed by them under any mistake, whether of fact or of law, or in ignorance of any material fact. The provisions in the proviso to sub-section (1) and sub-section (2) of Section 93, shall also apply to any proceeding under this section.
(1) The provisions of this Chapter shall apply only to the Tirumala Tirupathi Devasthanams.
(2) The other provisions of this Act shall, subject to the provisions of this Chapter, apply
(i) to the Tirumala Tirupathi Devasthanams which shall be constituted into a single religious institution for the purpose of inclusion in the list published under clause (a) of Section 6;
(ii) to every specific endowment attached either to the said Devasthanams as a whole or any Temple or institution thereof ; as if all powers and functions assigned therein to a Deputy Commissioner, or an Assistant Commissioner, had been assigned to the Commissioner, instead.
(1) There shall be a Board constituted by the Government for the Tirumala Tirupathi Devasthanams called "the Tirumala Tirupathi Devasthanams Board" consisting of not more than thirteen members, including the Chairman, to be appointed by the Government, of whom :-
(i) the Commissioner shall be a member, ex-officio :
(ii) the Executive Officer, shall be the Member-Secretary, Ex- Officio ;
(iii) three shall be members of the State Legislature ;
(iv) one shall be a person belonging to the Scheduled Castes ;
(v) one shall be a woman :
Provided that it shall not be obligatory to appoint, -
(a) a person to represent categ
The Board shall in addition to the powers conferred and functions entrusted to it by this Act, exercise such other powers and perform such other functions as may be prescribed in regard to matters of policy and general superintendence and review in relation to the Administration of Tirumala Tirupathi Devasthanams having due regard to public interest and the services and amenities to be provided to and welfare safety measures to be undertaken for, the pilgrims, devotees and worshippers resorting to Tirumala Tirupathi Devasthanams.
(1) There shall be a Committee constituted by the Government. for Tirumala Tirupathi Devasthanams called the Tirumala Tirupathi Devasthanams Management Committee which shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property and shall sue and be sued by the said corporate name.
(2) The Committee shall consists of the following members namely:-
(i) the Chairman of the Board, who shall be ex-officio Chairman of the Committee ;
(ii) the Commissioner, who shall be a member, ex-officio ;
(iii) the Executive Officer, who shall be the ex-officio Member- Secretary of the Committee ;
(iv) five other members of the Board to be nominated by the Go
Subject to the provisions of this Act and the rules made thereunder :-
(i) The administration of the Tirumala Tirupathi Devasthanams shall vest in the Committee and the Committee shall, for this purpose, in addition to the powers conferred and functions entrusted to it by this Act exercise such powers and perform such functions as may be prescribed ;
(ii) The Committee shall manage the proprieties and affairs of the Tirumala Tirupathi Devasthanams and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its customs and usage ;
(iii) The Committee shall have power to fix fees for the performance of archana, or any service or rituals or Utsavam or ceremony connected with the Tirumala Tirupathi Devasthanams ;
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The provisions of Sections 18 and 19 shall as far as may be apply in relation to the office of the Chairman and members of the Board or Committee.
The Chairman and any other member of the Board or Committee other than ex-officio members shall hold office for a period of two years from the date of appointment by the Government.
The Chairman or members shall not receive or be paid any salary or other remuneration from the funds of the Tirumala Tirupathi Devasthanams, except such honorarium or compensatory allowance or travelling, daily and conveyance allowances as may be prescribed.
The Chairman or any member, other than ex-officio member may resign his office as the Chairman or member by giving notice in writing to the Executive Officer and his office shall become vacant from the date of acceptance of the same by the Government.
(1) A member shall cease to hold office as such member if he has absented himself from three consecutive meetings of Board or Committee as the case may be, without obtaining the prior permission of the Chairman therefor.
(2) Where a person is the Chairman or a Member of the Board or the Committee such person shall cease to be such Chairman or Member if he ceases to be the Chairman or the Member of the Board or Committee, as the case may be.
(1) The Government may, for good and sufficient reason, suspend or remove the Chairman or a member other than an ex-officio member, after giving him an opportunity of showing cause against such suspension or removal and after considering explanation offered therefor.
(2) Pending the passing of an order under sub-section (1), the Government may suspend the Chairman or the member.
(1) Where the Chairman or a member becomes subject to any disqualification specified in Section 19 or tenders resignation of his office and the same is accepted by the Government under Section 101 or ceases to be such member under Section 102 or is removed under Sec. 103, his office shall become vacant.
(2) Where a causal vacancy occurs as specified in sub-section (1) or otherwise, the Government may fill the vacancy by appointing another person as Chairman or member in his place in accordance with the provisions of this Chapter and such Chairman or member shall hold office only for the residue of the term of office of his predecessor.
(1) Where at any time it appears to the Government that the Board or Committee has failed to perform its functions or has exceeded or abused any of the powers conferred upon it by or under this chapter, the Government may, on the recommendation of the Commissioner, by notification published in the Andhra Pradesh Gazette, dissolve the Board or Committee from such date as may be specified therein and constitute another Board or Committee afresh in accordance with the provisions of this chapter.
(2) Before issuing a notification under sub-section (1), the Government, shall communicate to the Executive Officer who is the ex-officio member - Secretary of the Board or Committee the grounds on which they propose to do so, fix a reasonable time to enable the Board or Committee to show cause against the proposal and consider its explanation or objection, if any.
&
(1) Subject to the provisions of Section 107, the Government shall appoint an Executive Officer, a Joint Executive Officer, a Special Grade Deputy Executive Officer, a Financial Advisor, a Chief Accounts Officer, a Chief Engineer, a Chief Security Officer and any other Officer.
(2) Every officer appointed under sub-section (1), shall be a person professing Hindu Religion.
(3) The conditions of the service of the officers appointed under sub-section (1), shall be such as may be determined by the Government.
(4) Every officer appointed under sub-section (1), shall be a whole time Officer of the Tirumala Tirupathi Devasthanams and shall not undertake any work unconnected with his office without the permission of the Committee.
(5) Any officer appointed
(1) A person to be appointed as Executive Officer shall be one who is holding or has held a post of the District Collector or a post not lower in rank than that of a District Collector in any other service in the State.
(2) A person to be appointed as Joint Executive Officer shall be one who is holding or has held a post of a Joint District Collector or a post not lower in rank than that of a Joint District Collector in any other service in the State.
(3) A person to be appointed as a Special Grade Deputy Executive Officer shall be one who has been holding or has held a post of a Deputy Executive Officer in the service of the Tirumala Tirupathi Devasthanams for a period of not less than five years.
(4) A person to be appointed as a Financial Advisor, and Chief Accounts Officer, a Chief Enginee
The Executive Officer or a Joint Executive Officer appointed under sub-section (1) of Section 106 shall hold office for a term of three years and he shall also be eligible for reappointment for another term.
(1)
(a) The Executive Officer shall be the Chief Administrative Officer of Tirumala Tirupathi Devasthanams and shall, subject to the guidance and control of the Committee have general power to carry out the other provisions of the Chapter.
(b) He shall be responsible for the proper maintenance and custody of the records and properties of the Tirumala Tirupathi Devasthanams and shall arrange for the proper collection of the offerings made in the temples specified in the First Schedule.
(c) Save as otherwise provided in this Chapter he shall exercise such other powers and perform such other functions as may be prescribed.
(2) The Executive Officer may delegate any of the powers conferred on or functions entrusted to or duties imposed on him by or und
(1) The Executive Officer may, in case of emergency direct execution of any work or the doing of any act, which is not provided for in the budget for the Year and the immediate execution or the doing of which is in his opinion necessary for the preservation of the properties of the Tirumala Tirupathi Devasthanams or for the service or safety of the pilgrims resorting to the Tirumala Tirupathi Devasthanams and may also direct that the expenses of executing such work or doing the act shall be paid, from the funds of the Tirumala Tirupathi Devasthanams. The Executive Officer shall forthwith report to the Committee the action taken under this section and the reasons therefor.
(1)The Tirumala Tirupathi Devasthanams shall have its own funds, the corpus of which shall include all the amounts received by it by way of donations, gifts, kanukas including offerings deposited in Hundis and any income from any other source and all payments by Tirumala Tirupathi Devasthanams shall be made from the said funds.
(2) The said funds shall be operated by an officer or officers authorised by the Committee in such manner and subject to such conditions as may be prescribed.
(3) All monies belonging to the funds of the Tirumala Tirupathi Devasthanams shall be deposited in such Bank or Treasury or be invested in such securities in accordance with such guidelines as may be issued by the Government in this behalf.
(4) The funds of Tirumala Tirupathi Devasthanams may be utilised for all o
(1)It shall be lawful for the Committee to establish an institution called "the Dharma Prachara Parishad" and to set apart every year out of its funds a sum not less than rupees one lakh for the maintenance of the said Parishad.
(2) Upon such establishment of the said Parishad,the Hindu Dharma Rakshana Samstha established under subsection (1) of Section 24 of the Tirumala Tirupathi Devasthanams Act, 1979 shall stand abolished and the funds standing be its credit and other assets of the said Samstha shall thereupon vest with the Dharma Prachara Parishad established under sub-section (1).
(3) The objects of the said Dharma Prachara Parishad shall include
(i) promotion and propagation of the Hindu Dharma;
(ii) the establishment and maintenance of inst
(1) It shall be lawful for the Committee to establish an institution to be called "Sri Venkateswara Sistacharya Vidya Samstha" and to make a foundation grant of such sum as it may think fit for the said purpose in the name of the said Samstha, the interest accrued from the proceeds of which may be utilised for the purposes of the Samstha.
(2) The object of the said Samstha shall include -
(i) the running of Gurukulas for imparting Vedic knowledge in the traditional manner ;
(ii) the implementation of Niyamadhyayana and Kumaradhyayana schemes of imparting Vedic knowledge ;
(iii) the running of an upto date high level institute of Vedic learning and research ;
(iv) the giving of financial aid to indigent V
(1) The Government may from time to time, notify in the Andhra Pradesh Gazette the limits of the Tirumala Hills area for the purposes of civic administration.
(2)
(a) The Government may by notification in the Andhra Pradesh Gazette declare that any of the provisions of the Andhra Pradesh Gram Panchayats Act, 1964 or of the Andhra Pradesh (Andhra Area) Public Health Act, 1939 and the rules made thereunder shall be extended to, and be in force in the Tirumala Hills area as notified under sub-sec. (1) with such modifications not affecting the substance as may be necessary or proper for the purpose of adopting them to the Tirumala Hills area ; and any such notification may likewise be cancelled or modified by a subsequent notification.
(b) Without prejudice to the generality of the foregoing prov
(1) Where the Committee by a resolution passed in that behalf requests the Government to take over or arrange for the transfer to any other authority of the control and management of any educational or other institutions specified in the Second Schedule, the Government may, by notification published in the Andhra Pradesh Gazette, take over itself or transfer to any local or other authority the control and management of any or all of the educational or other institutions specified in the said notification ; and from the date so notified it shall be open to the Government or the local or other authority, as the case may be, to control and manage the said educational or other institutions and all the properties and assets of the Tirumala Tirupathi Devasthanams pertaining to or intended to be used for, every such educational or other institution shall stand transferred to, and vest in the Government or the local or other authorit
(1) The Executive Officer shall, in each Financial year (hereinafter referred to as the said year) not later than the 15th January of the said year, frame and place before the Committee, the Budget showing the probable receipts and expenditure during the following financial year, and the Committee shall, within fifteen days of the date on which the budget is placed before it, place it before the Board at a special meeting convened for the purpose for its approval, and the Board shall approve the same, with or without modifications, at such meeting and forward sufficient number of copies of such budget to the Government before the end of the said year.
(2) The Government may sanction the budget with such modifications, if any, as they may deem fit.
(3) If, for any reason, the budget is not sanctioned by the Government before the end of Ma
(1) The financial Adviser and Chief Accounts Officer shall keep regular accounts of all receipts and disbursements for each financial year separately in such form and containing such particulars as may be prescribed.
(2)
(a) The accounts of the Tirumala Tirupathi Devasthanams shall be audited annually or if the Government so directs in any case at short intervals.
(b) The audit referred to in clause (a) shall be made by auditor appointed by the Government for the purpose and the auditor shall send a report to the Government containing such particulars as may be prescribed.
(3) It shall be the duty of the Financial Adviser and Chief Accounts Officer and all officers and servants working under him to afford the auditor all such assistance and facilit
The provisions in Sections 83, 84, 85 and 86 shall apply to Tirumala Tirupathi Devasthanams, subject to the condition that the powers of Deputy Commissioner therein shall be exercised by the Commissioner.
The provisions in Section 87 shall apply to Tirumala Tirupathi Devasthanams subject to the condition that the powers of the Deputy Commissionr therein shall be exercised by the Commissioner.
Any person aggrieved may, within ninety days from the date of receipt by him of an order, appeal against such order, where it is passed by -
(i) the Joint Executive Officer or Executive Officer under any provision of this chapter or any rules made thereunder to the Committee.
(ii) the Committee under any provision of this chapter or any rules made thereunder, to the Government :
Provided that where an appeal against the order of the Executive Officer is being heard by the Committee the Executive Officer shall not participate in the deliberations of the Committee in relation to the said appeal.
(1) The Government may, either suo motu or on an application call for and examine the records from the Board or Committee or the Commissioner in respect of any administrative or quasi-judicial decision taken or order passed under this chapter to satisfy themselves as to the correctness, legality or propriety of such decision or order taken or passed and if in any case it appears to the Government that such decision or order should be modified, annulled, reversed or remitted for consideration, they may pass orders accordingly :
Provided that every application to the Government for the exercise of the powers under this section shall be preferred within ninety days from the date on which the decision or order to which an application relates was communicated to the applicant :
Provided further that the Government shall not pass any order ad
(1) The Government may either suo motu or on an application from any person interested made within ninety days of the passing of the order under Section 120 or Section 121, review any such order if it was passed by them under any mistake, whether of fact or law or in ignorance of any material fact :
Provided that the Government shall not pass any order adversely affecting any person unless such person has been given an opportunity of making his representation.
(2) The Government may stay the execution of any such decision or order, pending the exercise of their powers under sub-section (1) in respect thereof.
(1) Any person intending to sell his land situated in Tirumala Hills area shall first give notice to the Executive Officer of his intention to sell such land, requiring him to exercise his option to purchase the land. The particulars to be specified in the notice and the time within which the option shall be exercised by the Executive Officer shall be such as may be prescribed.
(2) If the Executive Officer exercises his option to purchase the land and there is an agreement between the person and the Executive Officer in regard to the price payable, the person shall sell the land to the Tirumala Tirupathi Devasthanams in accordance with such agreement.
(3) Where the Executive Officer exercises his option to purchase the land but there is no agreement in regard to the price payable, the Executive Officer may apply to the Revenue Divisional
Before the Chairman or a member of the Board or Committee enters upon his office, the Executive Officer or any other officer authorised by him in this behalf shall administer to the Chairman or member the oath of office and secrecy as may be prescribed.
Within three months after the close of each financial year, the Committee shall submit to the Board a report on the administration of the affairs of the Tirumala Tirupathi Devasthanams, during that year in such form as the Government may determine. The Board shall review the report and submit a copy of the same to the Government with its remarks thereon.
(1) Every meeting of the Board or Committee shall be presided over by the Chairman and in his absence by the Commissioner.
(2) The Quorum for a meeting -
(a) of the Board shall be five of which one shall be the Chairman or the Commissioner.
(b) of the Committee shall be two of which one shall be the Chairman or Commissioner.
(3) All decisions at the meeting of the Board or Committee shall be by a majority vote :
Provided that in the event of tie, the Chairman or the Commissioner who presides over the meetings shall have casting vote.
(4) The Board or Committee shall meet once in every three months.
No act or proceeding of the Board or Committee shall be deemed to be invalid by reason only of a defect in its constitution or on the ground that the Board or Committee or any member thereof, as the case may be, was not entitled to hold or continue in such office by reason of any disqualification or by reason of any irregularity or illegality in his appointment or by reason of any such act or proceeding having been done or conducted during the period of any vacancy in the office of the Chairman or member.
(1) The Committee shall be entitled to take and be in possession of all the institutions, properties, jewels, records and documents of the Tirumala Tirupathi Devasthanams.
(2) If, in obtaining such possession, the Committee is resisted or obstructed by any person, it may make an application to the Court of competent jurisdiction complaining of such resistence or obstruction, and the court shall, unless it is satisfied that the resistence or obstruction was occasioned by any person claiming in good faith to be in possession on his own account or by virtue of some independent of that of the Tirumala Tirupathi Devasthanams make an order that the Committee be put into possession. Such order shall subject to the result of any suit which may be filed to establish the to the possession of the property, be final.
In all suits and other legal proceedings by or against the Tirumala Tirupathi Devasthanams the pleadings shall be signed and verified by the Executive Officer and all processes in such suits and proceedings shall be issued to or served on the Executive Officer.
The costs, charges and expenses of, and incidental to, any suit, appeal or application to a court under this chapter shall be in the discretion of the court which may direct the whole or any part of such costs, charges and expenses to be met from the funds of the Tirumala Tirupathi Devasthanams or to be borne and paid in such manner and by such persons as it thinks fit :
Provided that all costs, charges and expenses incurred by the Government or the Committee in connection with any legal proceedings required in the interests of the Tirumala Tirupathi Devasthanams shall be payable out of the funds of the Tirumala Tirupathi Devasthanams.
(1) Notwithstanding any of the provisions of this chapter, the Executive Officer shall furnish the copies of all the statutory returns, approved Budget, Audit Report and of all other correspondence made to Government for information of the Commissioner.
(2) The Government shall cause an annual inspection of the Tirumala Tirupathi Devasthanams by such officer above the rank of the Executive Officer as they may nominate.
(1) The Commissioner shall have power at any stage to transfer any proceeding pending before a Regional Joint Commissioner, Deputy Commissioner or an Assistant Commissioner either to his own file, or to another Regional Joint Commissioner, Deputy Commissioner or Assistant Commissioner, as the case may be, for disposal.
(2) Any person aggrieved by an order passed by the Commissioner under sub-section (1) may appeal to the Government who may pass such orders thereon as they may deem fit.
(1) Where a person, who
(a) is or has been a trustee on the ground of succession of an institution or endowment ; or
(b) is appointed as trustee, Executive Officer, Office holder or servant of such institution or endowment ; or
(c) is appointed to discharge the functions of a trustee of such institution or endowment in accordance with the provisions of this Act, in any scheme in force at the time of commencement of this Act. ceases to be such hereditary trustee, trustee, Executive Officer, Office-holder or servant or ceases, to discharge the functions of the trustee (hereinafter referred to as the ex-office- holder) on account of the expiry of his term of office or by reason of his suspension, removal or dismissal from office, it shall be the duty of such ex-office-holder, to handover charge
A trustee or an Executive Office or other person who is in chargeof the administration of a charitable or religious institution orendowment, shall not lend or borrow money on behalf of the charitable or religious institution or endowment, except with the sanction of such authority, and subject to such conditions, as may be prescribed.
Where at anytime it appears to the Government that any Board of Trustees has failed to perform its functions or has exceeded or abused any of the powersconferred upon it by or under this Act resulting in material lossor loss of prestige to the institution or endowment, the Governmentmay communicate the particulars thereof to the Board of Trustees and if the Board of Trustees fails to remedy such defect, excess, or abuse or to give a satisfactory explanation therefor within such time as the Government may fix in this behalf, the Government may dissolvethe Board of Trustees.
(1) The costs, charges and expenses of and incidental to any suit, appeal or application to a Court under this Act shall be in the discretion of the court which may, subject to the provision of Section 67, direct the whole or any part of such costs, charges and expenses to be met from the property or income of the charitable or religious institution or endowment concerned or to be borne and paid in such manner and by such personas it thinks fit.
(2) The costs, charges and expenses of and incidental to, any appeal, application or other proceedings before the Government, Commissioner, Additional Commissioner or Joint Commissioner or Regional Joint Commissioner, Deputy Commissioner or Assistant Commissioner, as the case may be, shall be in their discretion, and they shall have power to determine by whom or out of what funds and to which extent such costs, charges and expenses are to b
Where the Board of Trustees have ceased to function after the expiration of its term or where the Board of trustees hasbeen dissolved under Section 135, the Government may for reasons to be recorded appoint a specified authority and cause any or all of the powers and functions of the Board of Trustees to be exercised and performed by such specified authority for such period not exceeding one year as they may think fit.
Notwithstanding anything in law, the Commissioner, Additional Commissioner, Regional Joint Commissioner, Deputy Commissioner or Assistant Commissioner, shall have power to require any person having custody of any record, register, report or other document relating to a charitable or religious institution or endowment or any movable or immovable property of such institution or endowment, to furnish copies of, or extracts from any such document and every such person shall on such requisition furnish them.
The Commissioner, Additional Commissioner, Regional Joint Commissioner, Deputy Commissioner oran Assistant Commissioner shall, subject to such conditions and restrictions as may be prescribed, be entitled to enter at any time between 9.00a.m. and 6.00 p.m. any premises of the institution or endowment and to inspect in any public office any record, register or other document or any movable or immovable property relating to a charitable or religious institution or endowment.
(1) Notwithstanding anything in any other law for the time being in force where under any will, a bequest has been made in favour of a charitable or religious institution or endowment or such institution or endowment is created, it shall be the duty of the execut or under the will and also the registration authority to forward a copy there of to the Assistant Commissioner within whose jurisdiction such will was or is required to be registered, and in the case of Tirumala Tirupathi Devasthanams to the Executive Officer.
(2) No probate of any such will or letters of administration with such will annexed shall be granted by any court unless it issatisfied that a copy of such will has been forwarded to the authority as provided by sub-section (1).
Without prejudice to the provisions of the Andhra Pradesh Court Fees and Suits Valuation Act, 1956, the properfees chargeable in respect of the documents described in column (2)of the Third Schedule shall be the fees included in column (3) thereof.
Nothing in this Act shall -
(a) affect any honour to which any person is entitled by custom,the performance of or interference with the religious worship, ceremoniesand poojas in religious institutions according to the sampradayams and Agamas followed in such institutions ; or
(b) authorise any interference with the religious or spiritual functions of the head of a math including those relating to imparting of religious instructions or rendering of spiritual service.
Nothing in any law of limitation for the time being in force shall be deemed to vest in any person the property or funds of any charitable or religious institution or endowment which had not vested in such person or his predecessor in title before the 30th September, 1951, in the Andhra Area of the State and the 26th January, 1967 in the remaining area of the State.
Notwithstandingany judgment, decree or order of any Court, Tribunal or other authority or in any scheme, custom, usage or agreement, or in any manual prepared by any institution or in any Farmana or Sanad or any deed or order of the Government to the contrary governing any charitable or religious institution or endowment, all shares which are payable or being paid or given or allowed at the commencement of this Act to any Trustee,Dharmakartha, Mutawalli, any office holder or servant including an Archaka or Mirasidar and share or shares, in the Kanukas offered either in kind or in cash or both by the devotees either in Hundi, Plate or otherwise, or any rusum in the Archana or Seva tickets and tickets for tonsuring or any rusums collected from the person for the performance of marriage or Upanayanam and the like, all offerings made in the premises of the Temple or at such places as may be specified by theTrustee, all Prasadams
(1) Where the Commissioner has reason to believe that any religion institution is not capable of maintaining out of its funds, he may,in the interest of proper management of administration, subject tosuch restrictions and conditions as he may deem fit, direct the amalgamation or as the case may be, the adoption of such religious institution by any other religious institution having similar objects and capableof managing such institution and there upon the trustee of the institution to which it is amalgamated or by which it is adopted shall maintainand administer such institution.
(2) On such amalgamation or adoption the institutions shallbe deemed to compromise a single institution and administered as if they were a single institution published under Section 6.
(3) Where the institution so amalgamated or as the case maybe adopted under s
(1) The Government may constitute a renovation committee to any religious or charitable institution consisting of persons with qualifications prescribed in Section 18 and subject to qualifications specified in Section 19.
(2) The composition of the Committee, the term of the Officeof the members of the Committee and other matters relating to thefunctions of the committee shall be such as may be prescribed.
(3) The provisions in Chapter VII except Section 57 shallapply to the renovation committee.
(1) If any trusteeincluding the Executive Officer or other person in whom the administrationof an institution or endowment is vested or any agent of, or personworking under the trustee -
(a) refuses, neglects or fails to comply with the provisionsof Sections 43, 56 or 133 ;
(b) refuses, neglects or fails to furnish such accounts, returns,reports or other information relating to the administration of theinstitution or endowment or its funds, property or income or the applicationthereof, at such time and in such manner as the Commissioner, theAdditional Commissioner, the Regional Joint Commissioner, the DeputyCommissioner or the Assistant Commissioner may require ; or
(c) refuses to permit, or causes obstruction to, or inspectionby the Commissioner, Additional Commissioner, Joint Commissioner,R
(1) The Revenue Divisional Officer or the Deputy Commissionerwithin whose jurisdiction any property of the trustee or other personfrom whom an amount is recoverable by way of surcharge under the provisionsof this Act is situated shall, on a requisition made by the Commissioner,recover such amount as if it were an arrear of land revenue and paythe same to the charitable or religious institution or endowment concerned.
(2) Where trustee fails to pay the contribution and othercosts due to the Government within the time allowed, the Revenue DivisionalOfficer or the Deputy Commissioner within whose jurisdiction any propertyof the institution or endowment is situate, shall on requisition madeto him in the prescribed manner by the Commissioner and subject tothe provisions of this section recover such amount as if it were anarrear of land revenue.
&nb
(1) Where a Commissioner, Additional Commissioner or Regional Joint Commissioner, a Deputy Commissioner or Assistant Commissioner makesan enquiry or hears an appeal under this Act, the enquiry shall be made and the appeal shall be heard as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 to the trial of suits or the hearing of appeals as the case may be.
(2) The provisions of the Indian Evidence Act, 1872 and the Indian Oaths Act, 1969, shall, so far as may be, apply to such in quiriesand appeals.
(3) The Commissioner, Additional Commissioner or Joint Commissioner, Regional Joint Commissioner, Deputy Commissioner or Assistant Commissioner holding such an inquiry or hearing such an appeal shall be deemed to be a person acting judicially within the meaning of the Judicial Officers Protec
Save as otherwise expressly provided in this Act, no notification or certificate issued, order passed, decision made, proceedings, or action taken or other things done under the provisions of this Act, by the Government, the Commissioner, the Additional Commissioner or the Regional Joint Commissioner, the Deputy Commissioner or the Assistant Commissioner shall be liable to be questioned in any court of law.
No suit or other legal proceeding in respect of administration or management of an institution or endowment or any other matters of dispute for determining or deciding which provision is made in this Act shall be instituted in any Court of Law except under and in conformity with the provisions of this Act.
(1) The Government may, by notification in the Andhra Pradesh Gazette, constitute an Advisory Council for the State consisting of the following members, namely;
(i) the Minister for Endowments who shall be the Chairman;
(ii) the Commissioner, Endowments who shall be the Member-Convener, Ex-Officio ;
(iii) one Agama Expert or Philanthropist ;
(iv) one legal expert ; and
(v) one Chartered Accountant.
(2) The Council may for purposes of consultation invite any person having experience and specialised knowledge in any subject under its consideration to attend its meetings and every such person shall be entitled to such allowances as may be prescribed.
&nb
(1) The Government may, after previous publication and by notification in the Andhra Pradesh Gazette, make rules for carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act shall immediately after it is made, be laid before the Legislative Assembly of the State if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be compromised in one session or in two successive sessions and if, before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified have effect only in such modified form or shall stand annulled, as the case may be, so however that any such modificati
The Government may by notification, exempt from the operation of any of the provisions of this Act or any of the rules made there under -
(a) any charitable institution or endowment the administration of which was or is for the time being vested -
(i) in the Government either directly or through a Committee or Treasurer of Endowments, appointed for the purpose ;
(ii) in the official Trustee or in the Administrator General;
(b) any charitable institution or endowment founded for educational purpose or for providing medical relief ; or
(c) any institution or endowment which is being well managed by the founder ; or
(d) any institution or endowment ; and may lik
(1) The Andhra Pradesh Charitableand Hindu Religious Institutions and Endowments Act, 1966 and theTirumala Tirupathi Devasthanams Act, 1979 are hereby repealed.
(2) Notwithstanding such repeal -
(a) all rules made, notifications or certificates issued,orders passed, decision made, proceedings taken and other things doneby any authority or officer under the repealed Acts shall in so faras they are not inconsistent with this Act be deemed to have beenmade, issued, passed, taken or done by the appropriate authority orofficer under the corresponding provisions of this Act and shall haveeffect accordingly until they are modified, cancelled or supersededunder the provisions of this Act ;
(b) all powers conferred and all duties imposed by any schemein force before the commencement of this Act on any
The enactments mentioned below shall ceaseto apply to Charitable and the Hindu Religious Institutions and Endowmentsthereof to which this Act applies ; and Section 8 of the Andhra PradeshGeneral Clauses Act, 1891, shall apply upon such cessor as if theseenactments had been repealed by an Andhra Pradesh Act ;
(a) the Andhra Pradesh (Andhra Area) Endowments and EscheatsRegulation, 1817 ;
(b) the Religious Endowments Act, 1863 ;
(c) the Charitable Endowments Act, 1890 ;
(d) the Charitable and Religious Trusts Act, 1920 ; and
(e) Sections 92 and 93 of the Code of Civil Procedure, 1908.
The trustee or any member of the Board of Trustees or Chairman, the Executive Officer or any office holder or servant of a charitable or religious institution or endowment, shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.
(1) Notwithstanding any law, custom orusage, a charitable or religious endowment including an endowmentcreated for such objects as dharma, dharmadaya, punyakarya, or punyadana shall not be deemed to be void, only on the ground that the objects for which it is created, or the persons or objects for the benefit of whom or which it is created are unascertained or unascertainable.
(2) A charitable or religious endowment created for purposes, some of which are charitable or religious and some are not, shall not be deemed to be void in regard to the charitable or religious purpose, only on the ground that it is void in respect of the purposes which are not charitable or religious.
(3) Any disposition of property for charitable or religiouspurposes shall not be deemed to be void as a charitable or religiousendowment, only on the ground that no
If any difficulty arisesin giving effect to the provisions of this Act, the Government, may,by order in the Andhra Pradesh Gazette, make such provisions, notinconsistent with the purposes or provisions of the Act, as appearto them to be necessary or expedient for removing the difficulty.
(1) Notwithstandingany compromise, agreement, scheme, judgment, decree or order of aCourt, Tribunal or other authority or any custom or usage governingany charitable or religious institution or endowment of TirumalaTirupathi Devasthanams, the provisions of this Act shall with effecton and from the date of the commencement of this Act, prevail insofaras they relate to the matters governed by the corresponding provisionsin any such compromise, agreement, scheme, judgment, decree or orderor any custom or usage and such corresponding provisions shall thereafterhave no effect.
(2) Notwithstanding anything in the agreements entered intoby the Tirumala Tirupathi Devasthanams represented by the ExecutiveOfficer and Archakam Mirasidars of Tirumala Tirupathi Devasthanamson the 30th May, 1979 or any other agreements of the like nature,the provisions of this Act shall with effect on and from t
FIRST SCHEDULE[See Section 2 (28)] FIRST SCHEDULE 1
[See Section 2 (28)
I. The temple of Sri Venkateswaraswami on Tirumala Hills withthe
sub-temples of :
1.
Sri Varahaswami.
2.
Sri Bhashayakarulavari Temple No.1.
3.
Sri Bedi Hanumantharayaswami,
SECOND SCHEDULE [See Section 2 (28)] SECOND SCHEDULE 2
[See Section 2 (28)
A. List of Educational Institutions maintained from the fundsof the
Tirumala Tirupathi Devasthanams.
1.
Sri Venkateswara High School
Tirupathi
2.
Sri Venkateswara High School
Vellore
&nb
Xxxx
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