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ANDHRA PRADESH CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS & ENDOWMENTS ACT 1987

ANDHRA PRADESH CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS AND ENDOWMENTS ACT, 1987

ACT No.30 OF 1987

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S.Chapter I PRELIMINARY


S.Chapter II COMMISSIONER, ADDITIONAL COMMISSIONER, REGIONAL JOINT COMMISSIONER ETC., AND THEIR POWERS AND FUNCTIONS


S.7 Commissioner to be corporate sole


S.8 Powers and functions of Commissioner and Additional Commissioner


S.9 Powers and functions of Regional Joint Commissioner


S.10 Powers and functions of Deputy Commissioner


S.Chapter III ADMINISTRATION AND MANAGEMENT OF CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS AND ENDOWMENTS


S.14 Vesting of all properties in the institution or endowment


S.17 Procedure for making appointments of trustees and their term


S.20 Chairman of the Board of Trustees


S.36 Qualifications for Archaka


S.Chapter IV REGISTRATION OF CHARITABLE AND RELIGIOUS INSTITUTIONS AND ENDOWMENTS


S.Chapter V MATHS AND SPECIFIC ENDOWMENTS ATTACHED THERETO


S.55 Power of Commissioner to frame schemes


S.Chapter VIII FINANCE


S.Chapter IX SURPLUS FUNDS AND UTILISATION THEREOF


S.Chapter X ALIENATION OF ANY IMMOVABLE PROPERTY AND RESUMPTION OF INAM LANDS


S.84 Mode of eviction on failure of removal of the encroachment as directed by the Deputy Commissioner


S.85 Encroachment by group of persons on land belonging to charitable and religious institutions and their eviction


S.Chapter XII ENQUIRIES


S.88 Right of appeal against the decision of the Deputy Commissioner under section 87 and Commissioner under section 119


S.89 Compromise how to be made


S.Chapter XIII APPEALS, REVISION, REVIEW, ETC.


S.90 Appeal in certain cases


S.95 Application of the Act to Tirumala Tirupathi Devasthanams


S.96 Constitution of Board of Trustees


S.97 Powers and functions of the Board of Trustees


S.98 Qualifications and disqualifications for Chairman and member of Board or Trustees


S.99 Term of Office of Chairman and members of the Board or Trustees


S.100 Chairman and members not to receive or be paid salary or other remuneration


S.101 Resignation


S.106 Appointment of Executive Officer, Joint Executive Officer, Special Grade Deputy Executive Officer and Financial Advisor and Chief Accounts Officer etc.


S.107 Qualifications for appointment of Executive Officer, Joint Executive Officer, Special Grade Executive Officer, Financial Advisor and Chief Accounts Officer etc.


S.108 Term of appointment of Executive Officer and Joint Executive Officer


S.112 Establishment of Dharma Prachara Parishad


S.113 Establishment of Sri Venkateswara Sishtacharya Vidya Samstha


S.117 Accounts and Audit


S.118 Encroachments


S.119 Enquiries


S.120 Appeals


S.121 Revision


S.122 Review


S.123 Right of pre-emption


S.124 Oath of office


S.125 Administration Report


S.126 Meeting of the Board of Trustees


S.127 Acts of the Board of Trustees not to be invalidated by informality vacancy etc.


S.128 Board of Trustees to be in possession of institutions and properties


S.129 Suits and other legal proceedings by or against Tirumala Tirupathi Devasthanams


S.130 Cost of Proceedings etc.


S.131 Annual inspection


S.Chapter XV MISCELLANEOUS


S.132 Power of the Commissioner to transfer proceedings etc.


S.158 Validation


S.1 Short title, extent, applications and commencement

(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 (Central Act 29 of 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 other local authority, or any company, society, organisation, institution or other person;

(b) all Hindu public religious institutions and endowments whether registered or not in accordance with the provisions of this Act.

(4) It shall come into

S.2 Definitions

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:

1[(1-A) 'Archakas and other employees Welfare Fund' means, the Fund created for the welfare of the Archakas and other employees of the Hindu Religious Institutions and Endowments in the State of Andhra Pradesh under section 161.]

(2) 'Assistant Commissioner' means the Assistant Commissioner appointed under sub-section (1) of section 3 and includes every officer who for the time being is exercising 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;

2 [(2a) Board means the Tirumala Tirupati Devasthanams Board constituted by3 the Government under Sec

S.4 Qualifications for appointment of Commissioner etc.

(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 State 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
  • (d) who has been holding the post of Additional Commissioner:

Provided that no person shall be eligible for appointment as Commissioner unless he has completed the age of forty-five-years.

1 [(2) The qualifications for appointment to the office of Additional Commissioner, Regional Joint Commissioner, Deputy Commissioner and Assistant Commissioner shall be such as may be prescribed].

2[(3) [XXXX]

(4) [XXXX]]

(5) A person to be appointed as an Assis

S.5 State to be divided into regions, divisions and sub-divisions for the purposes of this Act

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.


S.6 Preparation and publication of list of charitable and religious institutions and endowments on the basis of income

The Commissioner shall prepare separately and publish in the prescribed manner, a list of-

  • (a) (i

S.11 Powers and functions of Assistant Commissioner

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.


S.12 Powers of Commissioner etc., to enter and inspect institutions and endowments

(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 inspection under sub-section(1) or for the purpose of exercising any other power conferred or performing any function entrusted, by or unde

S.13 Commissioner etc., to observe appropriate forms, usages and practices

(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,


S.15

Provided also that where the Board of Trustees is not constituted for any reason, the recognised Founder or Member of the Founder's Family shall discharge the functions of the Board of Trustees till a new Board of Trustees is constituted:

Provided also that where there is no Executive Officer or Founder Family member to any institution or where the Government or the authority competent to constitute a Trust Board has not constituted the Trust Board within the period specified under this sub-section, the Commissioner shall make such arrangement as he deems fit to look after the affairs of the institution during the interregnum period between the date of expiry of the terms of the Trust Board and constitution of the new Trust Board:

1[Provided also that two members of the Board of Trustees shall be a prominent persons with a long, track record of Philanthropy and support to Hindu Religious Institutions.]

1 Substituted by the Act No.8 of 2014, S.2.<

S.16 Abolition of hereditary trustees

Notwithstanding any compromise or agreement entered into or scheme framed, or judgment, decree, or order passed by any court,


S.18 Qualifications for Trusteeship

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.

S.19 Disqualifications for Trusteeship

(1) A person


S.21 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 held during and after the said period:

Provided that no meeting from which a member absented himself shall be counted against him under this sub-section if-

(i) due notice of that meeting was not given to him in the prescribed manner;or

(ii)

S.22 Vacancy in the office of trustee and filling of such vacancy

(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 there upon 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 of office of his predecessor except where the vacancy has arisen by efflux of time.


S.23 Powers of the trustee

(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 beneficient 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 by him in any suit, appeal or application or other proceedings for or incidental to the establishment of his appointment to or remov

S.24 Duties of the trustees

(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.

(2) It shall be the duty of the trustee, all servants and employees working under him, any agent of the trustee, or any other person h

S.25 Fixation of dittam

(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 sub-section shall not apply to any institution or endowment in respect of which proposals

S.26 Power of trustee of charitable or religious institution over trustee of specific endowment

The trustee of a specific endowment 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.


S.27 Acts of trustees or Board of Trustees not to be invalidated by informality, vacancy etc.,

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 conducted during the period of any vacancy in the office of the trustee, Chairman or member of the Board.


S.28 Suspension, removal or dismissal of trustee

(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 there under;
  • (b) disobeys any lawful orders issued under the provisions of this Act or the rules made there under, by the Government or the Commissioner 1 ["or Additional Commissioner, or the Regional Joint Commissioner"] or the Deputy Commissioner 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 misappropriation in respect of the properties of the institution or endowment.
  • (e) becomes subject to any of the disqualifications specified in section 19;

S.29 Appointment and duties of Executive Officer

1 There shall be an Executive Officer for every Charitable or Religious Institution or Endowment to be appointed by the Government in the case of institutions and Endowments having income of rupees one crore and above and by the Commissioner in the case of other Institutions and Endowments included in the lists published under clauses (a) and (b) of Section 6. In respect of charitable or religious institutions or endowment having income of less than rupees two lakhs per annum, and included in the list published under clause (c) of section 6, it shall not be necessary to appoint an executive officer. The cadre of Executive Officers to be appointed under this section for the respective institutions on the basis of the income of the Institution or Endowment shall be as may be prescribed:

Provided that, where there is no Executive Officer in respect of any Charitable or Religious Institution or Endowment, the trustee or the Chairman of the Board of Trustees or any emp

S.30 Appointment of engineering staff

(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.


S.31 Appointment of Engineers, Architects and Silpis for sub-division

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.


S.32 Appointment of Sub-ordinate Officers

The Government or such other authority as may be authorised by them in this behalf, shall appoint such other sub-ordinate 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.


S.33 Constitution of Endowment services for different officers or classes of officers

(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 to 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.


S.34 Abolition of hereditary rights in Mirasidars, Archakas and other office holders and servants

(1) (a) Notwithstanding anything in any compromise or agreement entered into or scheme framed or sanad or grant made or judgement, 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 to and appertaining to any office or service or post mentioned in clause (a) and subsisting on the date of commencement of this Act shall on such commencement stand extinguished.<

S.35 Appointment of office holders and servants, etc.

2[(1) Every vacancy in the approved cadre strength whether permanent or temporary, amongst the office holders or servants of a charitable or religious institution or endowment shall be filled by the Trustee with the prior permission of the competent authority:

Provided that in the case of a charitable or religious institution or endowment whose annual income exceeds rupees ten lakhs the Executive Officer shall appoint the office holders and servants thereof with the prior permission of the competent authority:

Provided further that


S.37 Punishment of office holders and servants

37. Punishment of office holders and servants - (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[Provided that in case of a religious office holder, it shall be competent for the Commissioner or an officer authorized by him by an order in writing to impose the penalty of removal or dismissal on a report made by the trustee or Executive Officer, or where there is no executive officer or the trustee as the case may be, in such manner as may be prescribed.]

(2)

S.38 Power of Commissioner, Deputy Commissioner or Assistant Commissioner to punish office-holders etc., in certain cases

(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 section 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) may within sixty days from the date of receipt of the order by him, prefer an appeal if

S.39 Transfer of office holders and servants

(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.


S.40 Office holders and servants not to be in possession of jewels etc., except under conditions

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.


S.41 Power of Executive Officer not to implement resolution of the trustee or the Board of Trustees in certain cases

(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;

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 trustee or the Board of Trustees to reconsider the order or resolution.

(2) The Executive Officer shall forthwith submit a report of the action taken by him under sub-section (

S.42 Over-riding effect of the provisions of this chapter over the existing corresponding provisions

(1) Notwithstanding any scheme, judgement, 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, judgement, 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, by such Commissioner or the Deputy Commissioner, as the case may be;
  • (ii) where such scheme was settled or modified by the Court, by such Court on an applicati

S.43 Registration of Charitable and Religious Institutions and Endowments

(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 apply for registration to any one of such Assistant Commissioners;
  • (b) On receipt of such application, the Assistant Commissioner concerned shall refer the ma

S.44 Powers of Commissioner to have the institution or endowment registered

Where any trustee or other person in-charge 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.


S.45 Application in regard to entry or omission to make an entry in register

(1) Any person aggrieved by an entry or omission to make an entry in the register maintained under section 43 may apply to the 1[Endowments Tribunal] 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 1[Endowments Tribunal] may, after making such enquiry as may be necessary, pass such order as 2[it] may deem fit. The order so passed shall, subject to the provisions of sub-section (3), be

1 Substituted by the Act No.33 of 2007, S.13 (w.e.f. 14-12-2007)

2 Substituted by the Act No.33 of 2007, S.13 (w.e.f. 14-12-2007)

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 1[Endowments Tribunal] shall enqui

S.46 Extract from the register maintained under section 43 to be furnished

(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 (Central Act I of 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.


S.47 Definition

In this chapter, unless the context 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.


S.48 Certain sections of Chapter III not to apply to maths or, specific endowments attached thereto

The provisions of sections 18, 19, 20, 21, 22, 25 and 28 shall not apply to math or specific endowment attached thereto.


S.49 Fixation of dittam

(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 (Act, 17 of 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, if any of the math or specific endowment, the performance of the ceremonies and services, the observance of fes

S.50 Padakanukas and other gifts

(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.

Explanation:- Any gift of property or money made to the Mathadhipathi shall, unless it is specified by the donor as padakanuka or personal gift, be pr

S.51 Removal of Mathadhipathi

(1) The 1[Dharmika Parishad] 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 turpitude, 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 persistent and wilful default in the exercise of his powers or performance of his functions under this Act;

1 Substituted by the Act No.33 of 2007, S.14 (w.e.f. 14-12-2007)

  • (g) violates any of the restrictions imposed or practic

S.52 Filling of temporary vacancies in the office of the mathadhipathi

(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 2[Dharma Parishad] shall, if 3[it] 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 3[it]


S.53

shall with the permission of the 1[Dharmika Parishad] 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 the math belongs;
  • (c) capacity to impact the knowledge and preach the tenets of the math to the disciples;
  • (d) religious temperament with implicit faith in discipline and practice; and
  • (e) unquestionable moral character.

1 Substituted by the Act No.33 of 2007, S.16 (w.e.f. 14-12-2007)


S.54 Nomination of mathadhipathi

(1) Subject to the provisions of section 53, a mathadhipathi may nominate his successor. The fact of such nomination shall be intimated to the 2[Dharmika Parishad], within ninety days of such nomination and the 2[Dharmika Parishad], may recognise such nomination. A nomination shall not be complete unless it is recognised by the 2[Dharmika Parishad],. 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 1[Dharmika Parishad] or any officer authorised by 3[it] 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 may be

S.Chapter VI Dharmadayam


S.56 Dharmadayam

(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 sections 23, 24, 28 and 29 and Chapter IV shall not apply to Dharmadayam.

(5) Where any person charging or collecting such sums fails to submit accounts under sub-section (2), the Commissioner shall require the person to fu

S.57 Budget of charitable or religious institution or endowment

(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 2[clauses (a) and (d)] of section 6;
  • (ii) to the Deputy Commissioner, if it is included in the list published under clause 3[XXXX] (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 maintenance of the objects of the institution or endowment and the proper performance of the

2 .Substituted by the Act No.33 of 2007, S.19 (w.e.f. 14-12-2007)

3 .Omitted

S.58

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 1[rupees twenty five lakhs] , shall be subject to concurrent audit, that is to say, the audit shall take place as and when expenditure is incurred.

(b) Where the budget relates to an institution or endowment whose annual income, as referred to under section 65, exceeds 2[rupees two lakhs], the budget shall also make provision for payment of such amount to the common good fund as may be prescribed.]

(c) The accounts of any charitable or religious institution or endowment, the annual income of which calculated as aforesaid for the financial year immediately preceding is less than 2[rupees two lakhs], shall be audited annually by an officer subordinate to

S.59 Authority to whom audit report is to be submitted

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.

S.60 Contents of audit report

(1) The auditor shall specify in his report all cases of irregular, illegal or improper expenditure or of failure to recover 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.


S.61 Rectification of defects in audit, etc.

(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 property thereof caused by misconduct, misapplication, collusion, fraud, breach of trust, misa

S.62 Rectification of defects detected by Commissioner

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 –


S.63 Agency to audit accounts

The Government shall specify the agency for the purpose of carrying out the Audit referred to in clauses (a) and (b) of sub-section (2) of section 58.


S.64 Duty of trustee to give all assistance and facilities to auditors

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.


S.65 Liability of institution or endowment or Dharmadayam to pay annual contribution and audit fees

(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 1[not less than rupees fifty thousand], shall be liable to pay to the Government annually from the income derived by it, such contribution 2[of the actual expenditure incurred towards such services] 3[XXXX] 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 to the Government annually from the income derived by it, a contribution of seven per centum of such annual income or rupees fifty lakhs in lumpsum, whichever is higher.

(3) The contribution which an institution or endowment or Tirumala Tirupathi Devasthanams is liable to pay under sub-sections (1) and (2) shall be paid annually to the Endowments Administration Fu

S.65-A Archakas, other office holders and servants’ salary and other emoluments fund

1 A fund shall be created and vested with the Commissioner for the purpose of payment of salaries and other emoluments to all such Archakas, office holders and servants of charitable and Hindu Religious Institutional an Endowments published under section 6 of the Act who have been appointed by competent authorities as per the sanctioned cadre strength following the prescribed procedure. Every such institution shall pay contribution annually to such fund at the rate prescribed form their annual income as defined under sub-section (5) of section 65. The procedure for collection of contribution to and disbursement from the fund shall be such as may be prescribed.]

1. Inserted by the Act No.33 of 2007, S. 22 (w.e.f. 14-12-2007)


S.66 Assessment of contribution on the trustee

(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.

(2) It shall not be competent for the Commissioner to levy any contribution for more than three yea

S.67 Liability of institution or endowment to pay costs, etc.

(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 which it was omitted to be notified, serve on the trustee a notice notifying the costs, charges and expenses or portion thereof due and

S.68 Payment of contribution, costs, charges and expenses

(1) The trustee of a charitable or religious 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, or within such further time as may be granted by him, such trustee shall pay the amount as or

S.69 Establishment of Endowments Administration Fund

(1) There shall be established a fund to be called the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Administration Fund. The Endowments 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 (Act 17 of 1966).
  • (ii) the sums due to the Government under section 64 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act,1966 (Act 17 of 1966).
  • (iii) the contributions and audit fee payable under sub-section (1) of section 65 when realised;
  • (iv) the amounts recovered 1[XXX] under section 30;

(b) It shall be lawful for the Commissioner to accept to the credit of the said fund, grants or loans from the Government or any grant by any institut

S.70 Common Good Fund

(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:-

1 [(i) Dhoopa Deepa Naivedhyam which encompasses renovation, preservation, maintenance, donation and offerings to Hindu Religious Institutions or Endowments, including payment of remuneration to Archakas of Hindu Religious Institutions which are in needy circumstances, and promotion and propagation of purpose

S.71 Vesting of Common Good Fund

The Common Good Fund shall vest in a Committee constituted by the Government and shall be administered in such manner as may be prescribed.


S.72 Utilisation of surplus funds

(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, adyapakas and Vedaparayanikas and for the study of Divya Prabhandhams and the like for further education in Sanskrit.
  • (iii) establishment and maintenance of, any institution in which special provision is made for the study of Hindu religion, Philosophy or Sastras or for imparting instruction in Hindu Temple Architecture, and for setting up librar

S.73 Determination and application of properties and funds of defunct institution or endowment

(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 and if such renovation is not possible, be appropriated to any one or more of the purposes specified in sub-section (2) of section 74.

(2) The Commissioner, the Deputy Commissioner or

S.74 Appropriation of endowments

(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 Commissioner shall, so far as may be practicable, desirable, necessary or proper in public interest, give effect to the original intention of the

fo

S.75 Lease, sale of inams to be void in certain cases

(1) Any lease 1[XXXX] 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

1. Omitted by the Act No.27 of 2002, S.5 (w.e.f. 23-12-2002)

(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.


S.76 Prohibition of transfer of lands granted for rendering service to a religious or charitable institution or endowment

(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 right 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 shall be deemed as an encroacher and the provisions

S.77 Resumption of Inam Lands

(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 of the institution or endowment, the charity or service for the performance of which the inam land was granted.

(2) (a) Before passing an order und

S.78 Appeal

(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.


S.79 Prohibition of purchase of immovable property in certain cases

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.


S.80 Alienation of immovable property

(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 the 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

(4) A copy of the order made by the Commissioner under this section shall be communicated to the Government and to the trustee and shall be published in such manner as may be prescribed.

(5) The trustee may, within ninety days from the date of the communication of the order under sub-section (4), and any person having interest may, within ninety days from the date of publication of such order, prefer an appeal to the Government to modify the order or set it aside.

(6) Notwithstanding

S.81 Invalidation of unauthorised sale

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 right 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.


S.82

(1) Any lease of agricultural land belonging to lease of Agricultural Lands, 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 1[other than those lands situated in Municipal and Municipal Corporations] held by landless poor person for not less than six years continuously, such person shall have the right 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:

2[Provided that if such small and marginal farmers who are not able to purchase

S.Chapter XI ENCROACHMENTS


S.83 Encroachments by persons on land or building belonging to charitable or religious institution or endowment and the eviction of encroachers

(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 (hereafter 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 3[Endowments Tribunal] 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 competent authority sanctioning lease or mortgage, or licence and also a person who

S.86 Penalty for offences in connection with encroachment

(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.


S.87 Power of Endowments Tribunal to decide certain disputes and matters

1 (1) The Endowments Tribunal 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 of such institution or endowment is in regard to any other matter;
  • (f) whether any institution or endowment is wholly or partly of a secular or religious character and whether any property is given wholly or partly f

S.91 Revision

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 or with material irregularity,

the High Court may make such order in the case as it thinks fit.


S.92 Power of the Commissioner to call for records and pass orders

(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 shall not pass any order prejudicial to any party under sub-section (1), without giving him an o

S.93 Power of Government to call for records and pass orders

(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:

Provided that the Government shall not pass any order prejudicial to any party unless he

S.94 Review

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.


S.Chapter XIV


S.102 Cessation of office of members

(1) A member shall cease to hold office as such member if he has absented himself from three consecutive meetings of 1[Board or Committee], without obtaining the prior permission of the Chairman therefor.

2[(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 Substituted by the Act No.26 of 1990, S.13 (w.e.f. 07-12-1990)

2 Substituted by the Act No.26 of 1990, S.13 (w.e.f. 07-12-1990)


S.103 Suspension or removal of Chairman or member

(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.


S.104 Casual vacancy in the office of the Chairman or 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 section 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.


S.105 Dissolution and reconstitution of 1[Board or Committee]

(1) Where at any time it appears to the Government that the 1[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 1[Board or Committee] from such date as may be specified therein and constitute another 1[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 3[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 1[Board or Committee] to show cause against the proposal and consider its explanation or objection, if any.

(3) On receipt of such communication under sub-s

S.109

(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 under this Chapter to the Joint Executive Officer or Special Grade Deputy Executive Officer appointed under sub-section (1) of section 106 or to such other officer of the Tirumala Tirupathi Devasthanams as the Executive Officer may deem fit subject to such restrictions and control as the Government may, by special or general order, lay down and also subject to such limitations and conditions, if any, as may be specified in the order of delegation.

(3) Every Officer appointed under sub-section (1) of section 106 shall exercise the powers conferred on and perform the functions entrusted to him by or under this Chapter.


S.110 Extraordinary powers of the Executive Officer

(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 fund of the Tirumala-Tirupathi Devasthanams. The Executive Officer shall forthwith report to the 1[Committee] the action taken under this section and the reasons therefor.

1 Substituted by the Act No.26 of 1990, S.17 (w.e.f. 07-12-1990)


S.111 Funds of the Tirumala Tirupati Devasthanams

(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 1[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 or any of the following purposes and also for any other purpose permitted by any other provisions of this Act,-

  • (i) the maintenance, management

S.114 Civic Administration of Tirumala Hills area

(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 (Act 2 of 1964) or of the Andhra Pradesh (Andhra Area) Public Health Act, 1939 (Act III of 1939) and the rules made thereunder shall be extended to, and be in force in the Tirumala Hills area as notified under sub-section (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 provisions, -

  • (i) the Tirumala Hills area as notified under sub-section (1) shall be deemed to be a village for the purposes of the

S.3

(vii) tonsuring or hair-cutting or opening and running of a hair-dressing salon by any person other than a person authorised or employed by the Executive Officer.

1[(viii) tonsuring or hair-cutting in places other than those earmarked for the said purpose by the Executive Officer.

(ix) unlicensed Hawkers and Vendors.

(x) dealing in any manner with Seva Ticket, Prasadam and accommodation belonging to the Tirumala Tirupati Devasthanam except as such places and by persons specially authorized in this behalf by him.]

(b) Any person contravening an order made by the Executive Officer under clause (a) shall be punishable with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both.

(c) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), an offence punishable under clause (b) shall be tried in a summary way by a Magistrate of the First Class

S.115 Powers of Government to take over or transfer control and management of educational institutions belonging to Tirumala Tirupathi Devasthanams to the Government or any authority

(1) Where the 1[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 Second Schedule from such date as may be 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 institution 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 o

S.116 Budget

2[(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 February 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 March of the said year, the 3[Committee] shall be competent to incur for each of the months of Ap

S.133

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 of his office and deliver possession of the records, accounts, properties of the institution or endowment including cash to the person who succeeds him or is appointed in his place (hereinafter called the ‘successor’) or to the Executive Officer within seven days from the date of service in the prescribed manner of the order directing him to hand over charge of the office to his successor or to the Executive Officer, and if he fails to do so without sufficient cause, he shall be punishable with fine which may extend to one thousand rupees.

(2) (a) Where the successor or the Executive Officer is resisted in

S.134 Trustee not to lend or borrow money without sanction

A trustee or an Executive Officer or other person who is in charge of the administration of a charitable or religious institution or endowment, 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.


S.135 Dissolution of the Board of Trustees

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 powers conferred upon it by or under this Act resulting in material loss or loss of prestige to the institution or endowment, the Government may 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 dissolve the Board of Trustees.

1[Provided that the Board may be superseded by the government for the reason to be recorded in writing in public interest.]

1. Added by the Act No.31 of 2019, S.6 (w.e.f. 17-08-2019)


S.136 Cost of proceedings etc

(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 provisions 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 person as 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 an 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 be paid; and the order passed in this regard may be transferred to the Revenue Divisional O

S.137 Appointment of specified authority by Government in certain cases

Where the Board of Trustees have ceased to function after the expiration of its term or where the Board of Trustees has been 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.


S.138 Public Officers to furnish copies or extracts from certain documents

Notwithstanding anything in any 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.


S.139 Power to enter and inspect

The Commissioner, Additional Commissioner, Regional Joint Commissioner, Deputy Commissioner or an Assistant Commissioner shall, subject to such conditions and restrictions as may be prescribed, be entitled to enter at any time between 9.00 A.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.


S.140 Bequest under will for benefit of charitable or religious institution or endowment

(1) Notwithstanding anything in any other law for the time-being in force, where under any will, a request 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 executor under the will and


S.141 Court fee to be paid as specified in the Third Schedule

Without prejudice to the provisions of the Andhra Pradesh Court Fees and Suits Valuation Act, 1956 (Act VII of 1956), the proper fees chargeable in respect of the documents described in column (2) of the Third Schedule shall be the fees indicated in column (3) thereof.


S.142 Savings

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, ceremonies and 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.

S.143 Property of charitable or religious institution or endowment not to vest under the law of limitation after commencement of this Act

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.


S.144 Abolition of shares in Hundi and other rusums

Notwithstanding any judgement, 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 the Trustee, all Prasadams and Panyarams offered either by the Temple or devote

S.145 Adoption or amalgamation of institutions and endowments

(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 to such 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 capable of managing such institution and there upon the trustee of the institution to which it is amalgamated or by which it is adopted shall maintain and administer such institution.

1[Provided that the conditions to be satisfied for any such adoption or amalgamation shall be as may be prescribed.]

(2) On such amalgamation or adoption the institutions shall be deemed to comprise 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 may be adopted u

S.146 Constitution of Renovation Committee and its liability

(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 Office of the members of the Committee and other matters relating to the functions of the committee shall be such as may be prescribed.

(3) The provisions in Chapter VII except section 57 shall apply to the renovation committee.


S.147 Imposing of fines and executions

(1) If any trustee including the Executive Officer or other person in whom the administration of an institution or endowment is vested or any agent of, or person working under the trustee –

  • (a) refuses, neglects or fails to comply with the provisions of sections 43, 56 or 133 ;
  • (b) refuses, neglects or fails to furnish such accounts, returns, reports or other information relating to the administration of the institution or endowment or its funds, property or income or the application thereof, at such time and in such manner as the Commissioner, the Additional Commissioner, the Regional Joint Commissioner, the Deputy Commissioner or the Assistant Commissioner may require; or

(c) refuses to permit, or causes obstruction to, or inspection by the Commissioner, Additional Commissioner, Joint Commissioner, Regional Joint Commissioner, Deputy Commissioner, or an Assistant Commissioner, of any movable or immovable property belonging to or of any records

S.148 Recovery of contributions etc., as arrears of land revenue

(1) The Revenue Divisional Officer or the Deputy Commissioner within whose jurisdiction any property of the trustee or other person from whom an amount is recoverable by way of surcharge under the provisions of 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 pay the same to the charitable or religious institution or endowment concerned.

(2) Where trustee fails to pay the contribution and other costs due to the Government within the time allowed, the Revenue Divisional Officer or the Deputy Commissioner within whose jurisdiction any property of the institution or endowment is situate, shall on requisition made to him in the prescribed manner by the Commissioner and subject to the provisions of this section recover such amount as if it were an arrear of land revenue.

(3)(a) On receipt of a requisition under sub-sections (1) and (2) the Revenue Divisional Officer or the Deputy Commissi

S.149 Procedure and powers at enquiries under this Act

(1) Where a Commissioner, Additional Commissioner or Regional Joint Commissioner, Deputy Commissioner or Assistant Commissioner makes an 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 (Central Act V of 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 (Central Act 1 of 1872) and the Indian Oaths Act, 1969 (Central Act 44 of 1969) shall, so far as may be, apply to such inquiries and 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 Officer's Protection Act, 1850 (Central Act 18 of 1850).


S.150 Notifications orders etc., under the Act not to be questioned in Courts of law

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.


S.151 Bar of Jurisdiction

No suit or other legal proceeding in respect of the administration or management of an institution or endowment or any other matters of dispute for determining or deciding which provision is made in this


S.152 Constitution of Andhra Pradesh Dharmika Parishad

1 (1) The Government shall, by notification in the Andhra Pradesh Gazette constitute the ‘Andhra Pradesh Dharmika Parishad’ for the State consisting of the following members, namely:-

  • (i) Minister for Endowments who shall be the Chairman;
  • (ii) The Principal Secretary/Secretary to Government, Revenue Department in charge of religious and Charitable Institutions and Endowments;
  • (iii) The Commissioner of Endowments who shall be member secretary;
  • (iv) The Executive Officer, Tirumala Tirupathi Devasthams;
  • (v) one representative each from the Chairman of Boards of Trustees from section 6 (a) (i) and (ii), section 6 (b) (i) and (ii), section 6 (c) (i) and (ii) and two Mathadhipathis published under section 6 (d) of the Act;
  • (vi) Retired Senior Officer of the Government who is a devout Hindu and has experience of and commitment to improve the Hindu Temple System, to be nominated by the Government;
  • (vii) A retired

S.153 Power to make rules

(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 modification or annulment shall be without prejudice to the validity of anything previously done

S.154 Exemptions

The Government may by notification, exempt from the operation of any of the provisions of this Act or any of the rules made thereunder -

  • (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 likewise vary or cancel such exemption.


S.155 Repeals and Savings

(1) The Andhra Pradesh Charitable Hindu Religious and Institutions and Endowments Act, 1966 (Act 17 of 1966) and the Tirumala Tirupathi Devasthanams Act, 1979 (Act 20 of 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 done by any authority or officer under the repealed Acts shall in so far as they are not inconsistent with this Act be deemed to have been made, issued, passed, taken, or done by the appropriate authority or officer under the corresponding provisions of this Act and shall have effect accordingly until they are modified, cancelled or superseded under the provisions of this Act;
  • (b) all powers conferred and all duties imposed by any scheme in force before the commencement of this Act on any court or judge or any other person or body of persons, not being a trustee, an honorary officer or servant of the chari

S.156 Certain enactments cease to apply to charitable and religious institutions

The enactments mentioned below shall cease to apply to Charitable and the Hindu Religious Institutions and endowments thereto which this Act applies; and section 8 of the Andhra Pradesh General Clauses Act, 1891(Act I of 1891), shall apply upon such cesser as if these enactments had been repealed by an Andhra Pradesh Act;

  • (a) the Andhra Pradesh (Andhra Area) Endowments and Esccheats Regulation, 1817 (Regulation VII of 1817);
  • (b) the Religious Endowments Act, 1863 (Central Act 20 of 1863);
  • (c) the Charitable Endowments Act, 1890 (Central Act 6 of 1890);
  • (d) the Charitable and Religious Trusts Act, 1920 (Central Act 14 of 1920); and
  • (e) sections 92 and 93 of the Code of Civil Procedure, 1908 (Central Act V of 1908).

S.157 Trustees etc., to be public servants

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 (Central Act 45 of 1860).


S.159 Power to remove difficulties

If any difficulty arises in giving effect to the provisions of this Act, the Government, may, by order in the Andhra Pradesh Gazette, make such provisions, not inconsistent with the purposes or provisions of this Act, as appear to them to be necessary or expedient for removing the difficulty.


S.160 Overriding effect of the Act

(1) Notwithstanding any compromise agreement, scheme, judgement, decree or order of a Court Tribunal or other authority or any custom or usage governing any charitable or religious institution or endowment of Tirumala Tirupathi Devasthanams, the provisions of this Act 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 compromise, agreement, scheme, judgement, decree or order or any custom or usage and such corresponding provisions shall thereafter have no effect.

(2) Notwithstanding anything in the agreements entered into by the Tirumala Tirupathi Devasthanams represented by the Executive Officer and Archakam Mirasidars of Tirumala Tirupathi Devasthanams on the 30th May, 1979 or any other agreements of the like nature, the provisions of this Act shall with effect on and from the date of commencement of this Act, prevail in so far as they relate to the ma

S.161 Archakas and other employees welfare fund

1 (1) Every Religious Charitable Institution other than Tirumala Tirupathi Devasthanam whose annual income exceeds rupees twenty lakhs per annum as defined under section 65 shall be liable to contribute annually 3% of its income to the Archakas and other Employees Welfare Fund constituted and administered through a Trust Board created for the purpose:

Provided that Tirumala Tirupathi Devasthanams shall contribute such sum to the Fund as the Government may specify from time to time.

(2) The fund constituted under sub-section (1) shall be utilized for the welfare of the Archakas and other employees, working in the religious, charitable Institutions and endowments in accordance with the terms and conditions of the Trust registered for the purpose.

1. Added new sections by the Act No.33 of 2007, S.39 (w.e.f. 14-12-2007)


S.162 Constitution of Endowments Tribunal

(1) Government may, for the purpose of this Act, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or the matter relating to a Charitable Institution, Dharmadayam, Religious Charity, Religious Endowments, Religious Institution or any Institution as defined in the Act and also define the local limits and jurisdiction of each of such Tribunals.

(2) Where any application is made relating to any property of the institution which falls within the territorial limits of the jurisdiction of two or more Tribunals, such application may be made to the Tribunal within the local limits of whose jurisdiction the Head Office or the main institution is located and where any such application is made to the Tribunal aforesaid, the other Tribunal or Tribunals having jurisdiction shall not entertain any application for the determination of such dispute, question or other matter.


S.163 The existing Chairpersons/Members of Trust Boards of the Institutions including TTDs shall cease to hold office -

1 [“ (1) Notwithstanding anything contained in the Principal Act, all the Chairpersons and Members of the Trust Boards of all Institutions including TTDs holding office at the commencement of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments (Amendment) Act, 2014, shall cease to hold office forthwith and thereupon it shall be competent for the Government to appoint a person or persons to exercise the powers and perform the functions of the Boards of Institutions including TTDs till new Trust Boards are accordance with the provisions of sections 15 and 96 of the Principal Act as


S.Chapter VII BUDGET, ACCOUNTS AND AUDIT



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