Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 1987
Short title, extent, application 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.
Explanation :- In this clause, the expression "public charitable institutions and endowments" shall include every charitable institution or endowment the administration of which is for the time being vested in any department of Government, or Civil Court, Zilla Praja Parishad, Municipality or local authority, or any company, society
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-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 exercises the powers and performs the functions of an Assistant Commissioner under this Act or the rules made thereunder in respect of any charitable or religious
Appointments etc., of Commissioner, Additional Commissioner, Regional Joint Commissioner, Deputy Commissioner and Assistant Commissioner :- (1) Subject to the provisions of Section 4, the Government shall appoint a Commissioner, Additional Commissioner and such number of Regional Joint Commissioners, Deputy Commissioners and Assistant Commissioners as they think fit for the purpose of exercising the powers and performing the functions conferred on or entrusted to them by or under this Act.
(2) The Commissioner, the Additional Commissioner and every Regional Joint Commissioner, Deputy Commissioner or Assistant Commissioner appointed under sub-section (1) exercising the powers and performing the functions as aforesaid in respect of religious institutions or endowments, shall be a person professing Hindu religion and shall cease to exercise those powers and perform those function
Qualifications for appointment of Commissioner etc. :- A person to be appointed as the Commissioner, shall be one-
(a) who is holding or has held a post of the District Collector or a post not lower in rank than that of a District Collector in any other service in the State ; or
(b) who is holding or has held a post in the Andhra Pradesh Higher Judicial Service ; or
(c) who has at least, ten years practice as an Advocate of the High Court of Andhra Pradesh or of the Supreme Court; or
(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.
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) the charitable institutions and endowments ; or
(ii) the religious institutions and endowments other than maths;
whose annual income as calculated for the purpose of levy of contribution under Section 65 * [exceeds rupees twenty five lakhs];
(b) (i) the charitable institutions and endowments;
(ii) the religious institutions and endowments, other than maths;
whose annual income calculated as aforesaid * [e
Commissioner to be corporate sole :-The Commissioner shall be a corporate sole and shall have perpetual succession and common seal and may sue or be sued in his corporate name.
Powers and functions of Commissioner and Additional Commissioner :- (1) Subject to the other provisions of this Act, the administration of all charitable and Hindu Religious institutions and endowments shall be under the general superintendence and control of the Commissioner and such superintendence and control shall include the power to pass any order which may be deemed necessary to ensure that such institutions and endowments are properly administered and their income is duly appropriated for the purposes for which they were found or exist.
(2) Without prejudice to the generality of the foregoing provisions, the Commissioner shall exercise the powers conferred on him and perform the functions entrusted to him by or under this Act in respect of such institutions or endowments in the State as are included in the lists published under clause (a), clause (d) and clause (e) of Se
Powers and functions of Regional Joint Commissioner :- Subject to the administrative control of the Commissioner a Regional Joint Commissioner shall exercise such powers and perform such functions of the Commissioner as may, from time to time, be determined by the Government in respect of institutions and endowments in the region and any order passed or proceeding taken by a Regional Joint Commissioner in the exercise of such powers and the performance of such functions shall be deemed to be an order of the Commissioner for the purpose of this Act.
Powers and functions of Deputy Commissioner :- Every Deputy Commissioner shall, within the division in his charge exercise the powers conferred on and perform the functions entrusted to a Deputy Commissioner as such by or under this Act, in respect of such institutions or endowments as are included in the list published under clause (b) of Section 6 :
Provided that where a specific endowment is situated in two or more divisions, the Commissioner shall decide as to which of the Deputy Commissioners shall have the jurisdiction to exercise the powers, or perform the functions in respect of such endowment.
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.
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.
Commissioner etc., to observe appropriate form, 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, practices, usages or customs of the math in his dealings with the head of the math.
(2) The Commissioner, shall subject to such directions as the Government may give from time to time, prepare a code of conduct for the trustees, archakas and other office holders, servants and employees and for the persons vi
Vesting of all properties in the institution or endowment :- All properties belonging to, or given or endowed to a charitable or religious institution or endowment shall, vest in the charitable or religious institution or endowment, as the case may be.
*[15. Appointment of Board of Trustees :-In respect of a Charitable or Religious Institution or Endowment,-
(1) Included in the list published under clause (a) of Section 6, where the income for the Institution exceeds rupees one crore per annum, the Government shall constitute a Board of Trustees consisting of nice persons appointed by them; where the income of the Institution is between Rs.25 lakhs to rupees one crore per annum, the Dharmika Parishad shall constitute a Board of Trustees consisting of nice persons.
(2) Where the income of the Institution is between Rs.2.00 lakhs to Rs.25 lakhs per annum, the Commissioner shall appoint a Board of Trustees consisting of five persons and where the income of the Institutions is less than Rs.2.00 l
16. Abolition of heriditary trustees :- Notwithstanding any compromise or agreement entered into or scheme framed, or judgment, decree or order passed by any court, tribunal or other authority or in a deed or other document prior to the commencement of this Act and in force on such commencement, the rights of a person for the office of the hereditary trustee or mutawalli or dharmakarta or muntazim or by whatever name it is called shall stand abolished on such commencement.
17. Procedure for making appointments of trustees and their term :- (1) In making the appointment of trustees under Section 15, the Government, the Commissioner, the Deputy Commissioner or the Assistant Commissioner, as the case may be, shall have due regard to the religious denomination or any section thereof to which the institution belongs or the endowment is made and the wishes of the founder:
* [Provided that the founder or one of the members of the family of the founder, if qualified as prescribed shall be appointed as one of the Trustees.
* [Explanation I:??Founder? means,?
(a) in respect of Institution or Endowments existing at the commencement of this Act, the person who was recognized as Hereditary Trustee under the Andhra Pradesh Char
Qualifications of 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.
19. Disqualifications for trusteeship :- (1) A person shall be disqualified for being appointed as, or for being, trustee of any charitable or religious institution or endowment -
(a) if he is an undischarged insolvent;
(b) if he is of unsound mind and stands so declared by a competent court or if he is a deaf-mute or is suffering from leprosy or any virulent contagious disease;
(c) if he is interested either directly or indirectly in a subsisting lease of any property or of contract made, with, or any work being done for, the institution or endowment or is in arrears of any kind due by him to such institution or endowment;
(d) if he is appearing as a legal practitioner on behalf of or against the institution or endowment;
(e) if he has been sentenced by a crimin
*[20. Chairman of the Board of Trustees :- (1) (a) In the case of charitable and religious institution or endowment for which a Board of Trustees is constituted under Section 15, the members of the Board of Trustees shall, within such period not exceeding sixty days and in such manner as may be prescribed, elect from amongst themselves, a Chairman; and if no Chairman is so elected within the prescribed period the Government in the case of a Board of Trustees constituted under clause (a) of sub-section (1) of Section 15 and the Commissioner in the case of any other Board of Trustees shall nominate one of the members as Chairman.
(b) Where the founder or a member of the family of the founder is appointed as Trustee, he shall be the Chairman of the Board of Truste
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:
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 thereupon become vacant.
(2) Where a vacancy in the office of a trustee has arisen under sub-section (1), or by efflux of time, or otherwise the Government, the Commissioner, the Deputy Commissioner or the Assistant Commissioner, as the case may be, shall appoint a new trustee in his place and such trustee shall hold office for the
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 beneficial administration of the charitable or religious institution or endowment and to the performance of the functions entrusted to him.
(3) A trustee shall not spend the funds of the charitable or religious institution or endowment for meeting any costs, charges or expenses incurred by him in any suit, appea
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 pro
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;
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 Section15 shall be deemed to be invalid by reason only of a defect in the appointment of such trustee or trustees or constitution of such Board of Trustees or on the ground that the trustee, the Chairman or any member of the Board, as the case may be, was not entitled to hold or continue in such office by reason of any disqualification or by reason of any irregularity or illegality in his appointment or by reason of such act or proceeding having been done or constructed during the period of any vacancy in the office of the trustee, Chairman or member of the Board.
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 thereunder.
(b) disobeys any lawful orders issued under the provisions of this Act or the rules made thereunder, by the Government or the Commisioner * [or the Additional Commissioner, or the Regional Joint Commissioner] or the Deputy Comissioner or the Assistant Commissioner;
(c) refuses, fails or delays to handover the property and records in his possession relating to the institution or endowment to his successor or any other person authorised in this behalf.
* [Appointment and duties of Executive Officer :-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
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.
(2) The Government may, for the services rendered by the engineering staff appointed under sub-section (1) recover the whole or any portion of the amounts or charges from such institution or endowments as may be prescribed.
(3) The procedure laid down in this Act, for the recovery of contribution from the institution or endowment shall, as far as may be, apply to the recovery of amounts or charges under sub-section (2).
Appointment of Engineers, Architects and Silpis for each 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.
Appointment of Subordinate Officers :- The Government or such other authority as may be authorised by them in this behalf, shall appoint such other subordinate officers with such designations and assign to them such powers and such functions as the Government may deem necessary for the purposes of this Act.
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.
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 judgment, decree or order passed by any Court, Tribunal or other authorities prior to the commencement of this Act and in force on such commencement, all rights, whether, hereditary, contractual or otherwise of a person holding any office of the Peddajeeyangar, Chinna Jeeyangar, a Mirasidar or an Archaka or Pujari or any other office or service or post by whatever name it is called in any religious institution or endowment shall on the commencement of this Act stand abolished.
(b) Any usage or practice relating to the succession to any office or service or post mentioned in clause (a) shall be void;
(c) All rights a
Appointment of office holders and servants, etc: - *[(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 in the case of appointment of religious office holders such appointment shall be made keeping in view the Agamas of the respective
Qualifications for Archaka :- A person shall be qualified for being appointed as or for being an Archaka of a religious institution or endowment
(a) if he has passed the Arachaka Examination recognised by the Commissioner;
(b) if he is not disabled or suffering from any virulent and contagious disease;
(c) if he is able to recite vedic mantras and slokas relating to rituals with clarity and without any fault.
(d) if he possesses good conduct and character;
(e) if he is free from Sapthavyasanams:
* [x x x x]
Explanation:- For purposes of this section, the expressi
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.
* [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 Off
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 Sec.37, failing which the Commissioner, the Deputy Commissioner or the Assistant Commissioner as the case may be, may after following the prescribed procedure, impose by an order in writing any of the penalties specified in sub-section (1) of that section on such office-holder or ser
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.
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.
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. R R the Executive Officer may, without implementing such order or resolution, place the mat
Over-riding effect of the provisions of this chapter over the existing corresponding provisions :-(1) Notwithstanding any scheme judgment, decree or order of a court, tribunal or other authority or any custom or usage, governing any charitable or religious institution or endowment the provisions of this chapter shall, with effect on and from the date of the commencement of this Act, prevail in so far as they relate to the matters governed by the corresponding provisions in any such scheme, judgment, decree or order or any custom or usage and such corresponding provisions, shall thereafter have no effect.
(2) (a) Any Scheme in force at the commencement of this Act, in so far as it relates to matters not governed by the provisions of this chapter, may at any time, by order, be modified or cancelled
(i) where such scheme was settl
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 th
Power of Commissioner to have the institution or endowment registered :- Where any trustee or other person incharge of the management of a charitable or religious institution or endowment fails to apply for the registration of the institution or endowment, the Commissioner, shall give notice to the trustee or the other person aforesaid to make an application in that regard within a specified period and if he fails to make such application within the period specified, the Commissioner may have the institution or endowment registered after following the prescribed procedure and recover the cost incurred for such registration from the funds of such institution or endowment.
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 * [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 * [Endowments Tribunal] may, after making such enquiry as may be necessary, pass such order as * [it] may deem fit. The order so passed shall, subject to the provisions of sub-section (3), be final; and the Assistant Commissioner shall amend the entry in the register maintained under Section 43 in accordance therewith.
(3) Where any such a
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.
(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.
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.
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.
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, before the commencement of this Act.
(2) The mathadhipathi shall, while submitting his pr
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 whe
Removal of Mathadhipathi :- (1) The * [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 turptitude, such sentence not having been reversed ;
(e) is guilty of breach of trust, or mis-appropriation in respect of any of the prope
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 * [Dharmika Parishad] shall, if * [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 * [it] thinks fit until the disability of the mathadhipathi ceases or another mathadhipathi succeeds to the office, as the case may be.
Filling of permanent vacancies in the office of mathadhipathi :- (1) Where a permanent vacancy occurs in the office of the Mathadhipathi, by reason of death or resignation or on account of his removal under Section 51 or otherwise the person next entitled to succeed according to the rule of succession laid down by the founder, or where no such rule is laid down, according to the usage or custom of the math, or where no such usage or custom exists according to the law of succession, for the time being in force, shall with the permission of the * [Dharmika Parishad] succeed to the office of the Mathadhipathi.
(2) A person for succession to the office of the mathadhipathi unde sub-section (1) shall possess the following qualifications, namely :-
(a) basic knowledge of the Hindu Religion a
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 * [Dharmika Parishad], within ninety days of such nomination and the * [Dharmika Parishad] may recognise such nomination. A nomination shall not be complete unless it is recognised by the * [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
* [Dharmika Parishad] or any officer authorised by
* [it] shall after due publication convene a meeti
Power of * [Dharmika Parishad] to frame schemes :- (1) Where the * [Dharmika Parishad] either suo motu or upon a report submitted by the Deputy Commissioner or the Assistant Commissioner having jurisdiction, has reason to believe that the affairs of the math and its properties are being mismanaged, funds are being misappropriated, or that there is gross neglect of duty on the part of the mathadhipathi, * [it] may after making such enquiry, as may be prescribed, order to frame a scheme of administration, of a math and the specific endowment.
(2) A scheme of administration framed under sub-section (1) may contain provision for
(a) appointing or directing the appointment of an Executive Officer ;
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
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 clause (a) or * [clauses (a) and (d)] of Section 6;
(ii) to the Deputy Commissioner, if it is included in the list published under clause (b) of Section 6;
(iii) to the Assistant Commissioner, if it is included in the list published under clause (c) of Section 6.
58. Accounts and audit :- (1) The Executive Officer shall keep regular accounts of all receipts and disbursements, for each financial year separately in such form and containing such particulars as may be specified by the Commissioner.
(2) (a) The accounts of every charitable or religious institution or endowment, the annual income of which as calculated for the purpose of Section 65 for the financial year immediately preceding exceeds * [rupees 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) The accounts of every other institution or endowment, the annual income of which calculated as aforesaid for the financial year immediately preceding is not less than
* [rupees two lakhs],
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.
Contents of audit report :- (1) The auditor shall specify in his report all cases of irregular, illegal or improper expenditure or of failure to report moneys or other property due to the charitable or religious institution or endowment or of loss or waste of money or other property thereof, caused by neglect or misconduct or misapplication or collusion or fraud or breach of trust or misappropriation on the part of the trustee or of any other person.
(2) The auditor shall also report on such other matters relating to the accounts as may be prescribed or on which the Commissioner, Deputy Commissioner or Assistant Commissioner, as the case may be, may require him to report.
61. Rectification of defects in audit, etc .:- 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
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 -
(i) pass an order directing conditional attachment of the whole or any portion of the property of the trustee or other person ;
(ii) institute such criminal proceedings as may
63. Agency to audit accounts :- The Government shall specify the agency for the purposes of carrying out the Audit referred to in clauses (a) and (b) of sub-section (2) of Section 5.
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.
65. Liability of institution or endowment or Dharmadayam to pay annul 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 * [not less than rupees fifty thousand], shall be liable to pay to the Government annually from the income derived by it, such contribution * [of the actual expenditure incurred towards such services * [x x x x]] as may be prescribed.
(2) In respect of the services rendered by the Government and their employees, the Tirumala Tirupathi Devasthanams, shall be liable to pay the Government annually from the income derived by it, a contri
* [65-A Archakas, other office holders and servants? salary and other emoluments fund.?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 Institutions and 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 from 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.]
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
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
68. Payment of contributiom costs, charges and expenses :- The trustee of a charitable or religous institution or endowment or Dharmadayam may, within fifteen days from the date of receipt of a notice issued under sub-section (1) of Section 66, or under sub-section (2) of Section 67, or within such further time as may be granted by the Commissioner, prefer his objection, if any, to the Commissioner in writing. Such objection may relate either to his liability to pay or the quantum of the amount specified in the notice. The Commissioner shall consider such objection and pass an order confirming, withdrawing or modifying his original notice and communicate the same to the trustee.
(2) Within thirty days from the date of receipt of the notice
under Section 66 or Section 67 or when objection has been preferred,
within thirty days fr
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 Endowment Administration Fund shall vest in the Commissioner.
(2) (a) The following amounts shall be credited to the Endowments Administration Fund, namely:-
(i) the balance in the fund constituted under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act,1966.
(ii) the sums due to the Government under Section 64 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act,1966.
(iii) the contributions and audit fee payable under sub-section
(1) of Section 65 when realised.
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.
* [(i) Dhoopa Deepa Naived
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.
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, adhyapakas and Vedaparayanikas and for the study of Divya Prabhandhams and the like for furthering education in Sanskrit.
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
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
concerne
75. Lease, sale of inams to be void in certain cases:-(1) Any lease * [x x x x] 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
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 or title in such
land shall vest in any person acquiring the land by such transfer
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 arr
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.
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.
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 prior sanction of the Commissioner.
(b) The Commissioner, may after publishing in the Andhra Pradesh Gazette the particulars relating to the proposed transaction and inviting any objections and suggestions, with the respect thereto and considering all objections and suggestions if any received from the trustee or other person having interest, accord such sanction where he considers that the transaction is-
(i) prudent and necessary or beneficial to the institution or endowment:
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 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.
82. Lease of Agricultural Lands:- (1) Any lease of agricultural land belonging to or given or endowed for the purpose of any institution or endowment subsisting on the date of commencement of this Act shall, notwithstanding anything in any other law for the time being in force, held by a person who is not a landless poor person stand cancelled.
(2) In respect of leases of agricultural lands
* [other than those lands situated in Municipalities and Municipal Corporations] held by landless
poor person for not less than six years continuously, such person
shall have the to purchase such lands for a consideration of
seventy five per centum of the prevailing market value of similarly
situated lands at the time of purchase and such consideration
shall be paid in four equal instalments in the manner
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 (hereinafter in this Chapter referred to as encroacher') any land, building, tank, well, spring or water-course or any space belonging to the institution or endowment, wherever situated or deemed as an encroacher under any of the provisions of this Act, the Assistant Commissioner shall report the fact together with relevant particulars to the * [Endowments Tribunal] having jurisdiction over the division in which the institution or endowment is situated.
Explanation :- For the pu
* [84. Mode of eviction on failure of removal of the encroachments as directed by the Endowments Tribunal :?(1) Where within the period specified in the order under?sub-section (4) of Section 83, the encroacher has not removed the encroachment and has not vacated the land, building or space, the Assistant Commissioner having jurisdiction over the sub-division may remove the encroachment and obtain possession of the land, building or space, encroached upon, taking such police assistance as may be necessary. Any Police Officer whose help is required for this purpose shall be required to render the necessary help to the Assistant Commissioner.
(2) Nothing in sub-section (1) shall prevent any person aggrieved by any order of the Endowments Tribunal under sub-section (4) of Section 83 from preferring an appeal before the High Court to esta
* [85. (1) Where the Deputy Commissioner knows or has reason to believe that a group or groups of persons, without any entitlement and with the common object of?occupying any land, which is the property belonging to Charitable or Religious Institution or Endowment, are occupying or have occupied any such land and if such group or groups of persons have not vacated the land on demand by the Deputy Commissioner or any officer authorized by him in this behalf, he shall make an application to the Endowments Tribunal having jurisdiction over the area in which the Institution or Endowment is situated for eviction of encroachers.
(2) Where, in any proceedings taken under this section, or in consequence of anything done under this section, a question arises as to whether any land is the property of the Charitable or Religious Institution or E
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 tri
Legal Comments
"Introduction" - The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 ( Act 30 of 1987) consolidates governance of public charitable and Hindu religious institutions in Andhra Pradesh, abolishing hereditary trusteeships and creating boards of trustees and Endowments Officials to oversee administration; Section 86 deals with penalties for offences under the Act, including encroachment, with offences punishable and cognizable under specified procedures. [Source: Pannalal Bansilal Pitti VS State Of A. P. ; ]
"What Section Says" - Section 86 of the 1987 Act provides penalties for contravention of the Act and its rules; sub-sections include penalties and cognizance provisions, with sections detailing punishment and the role of the Commissioner in filing complaints. The precise text in the cited materials emphasizes penalties for offences and seizure/ensuring enforcement through the Commissioner’s complaint. [Source: ; Pannalal Bansilal Pitti VS State Of A. P. ]
"Essential ingredients" - (i) Offence under Section 86(2) for contravention of the Act; (ii) cognizance only on a complaint by the Commissioner (86(3)); (iii) establishment of jurisdiction for Endowments authorities to adjudicate related matters; (iv) due process and natural justice considerations in enforcement actions (as seen in eviction/encroachment cases). [Source: ; P.Rama Chandra Reddy, S/o. Late P. Lakshmu Reddy vs State of Andhra Pradesh, Rep. by its Principal Secretary Endowments Department Secretariat building]
"Scope of Section" - Section 86 operates within the penal framework for offences connected with endowment management and encroachments; it interacts with other sections on eviction (Sections 83-85), punishment rules (Rules 6), and the powers of Endowments authorities to act in accordance with due process. It applies to breaches in governance, land/asset management, and related administrative duties. [Source: T. Sobhanadri VS State of Andhra Pradesh, rep. by its Principal Secretary, Endowments Department, A. P. Secretariat; P.Rama Chandra Reddy, S/o. Late P. Lakshmu Reddy vs State of Andhra Pradesh, Rep. by its Principal Secretary Endowments Department Secretariat building]
"Punishment for Section" - Penalties under Section 86(2) include imprisonment for not less than six months for contravention; cognizance by the Commissioner’s complaint (86(3)); additional penalties arise under related sections and offences in eviction/encroachment contexts. Several judgments interpret penalty processes and procedural protections, but the core is criminal liability for non-compliance. [Source: ; ; Pannalal Bansilal Pitti VS State Of A. P. ]
"Natural justice and Section 86" - Courts have stressed natural justice in eviction/encroachment actions (e.g., Section 86 appeals and eviction orders) where failure to provide hearing can nullify orders; while Section 86 itself creates penal liability, due process in enforcement actions remains essential in related proceedings. [Source: P.Rama Chandra Reddy, S/o. Late P. Lakshmu Reddy vs State of Andhra Pradesh, Rep. by its Principal Secretary Endowments Department Secretariat building; P.Rama Chandra Reddy, S/o. Late P. Lakshmu Reddy vs State of Andhra Pradesh, Rep. by its Principal Secretary Endowments Department Secretariat building]
"Alternative remedy" - In natural justice contexts, the existence of alternative remedies (e.g., invoking Endowments Tribunal or Civil Courts for merits) may be bypassed if due process is violated; however, for penal provisions under Section 86, the remedy typically involves criminal proceedings brought by the Commissioner. [Source: P.Rama Chandra Reddy, S/o. Late P. Lakshmu Reddy vs State of Andhra Pradesh, Rep. by its Principal Secretary Endowments Department Secretariat building]
"Scope and overlap with eviction provisions" - Section 86 interacts with Sections 83-85 (eviction and removal of encroachers) and 87 (Endowments Tribunal), creating a framework where encroachment and non-compliance can trigger both civil/tribunal remedies and penal action for offences under the Act. [Source: Vannemreddy Mohana Krishna VS Camp Bell Choultry; P.Rama Chandra Reddy, S/o. Late P. Lakshmu Reddy vs State of Andhra Pradesh, Rep. by its Principal Secretary Endowments Department Secretariat building]
"Foundational constitutional alignment" - The Act, including Section 86, sits within a broader statutory scheme balancing governance of endowments with fundamental rights; certain challenged provisions have raised constitutional questions in other sections (e.g., Section 82 on land leases was struck down in part for certain farmers), but Section 86’s penal framework itself is part of a broader regulatory regime. [Source: Pannalal Bansilal Pitti VS State Of A. P. ; Pavuluri Ramaiah VS State OF A. P. , Rep. by the secretary, Endowments Dept. , secretariat Buildings, Hyd. ]
"Forum and enforcement" - Enforcement under Section 86 relies on the Commissioner’s complaint; enforcement actions may also be shaped by the Endowments Tribunal’s jurisdiction under Section 87 and related rules for removal/discipline of office holders, creating layered dispute resolution avenues. [Source: ; T. Sobhanadri VS State of Andhra Pradesh, rep. by its Principal Secretary, Endowments Department, A. P. Secretariat]
"Relation to encroachment cases" - The Act treats unauthorized occupation of endowment property (encroachment) as an offence under the Act, potentially triggering penalties under Section 86 in addition to eviction orders under Sections 83-85; courts have emphasized due process even in encroachment contexts. [Source: Vannemreddy Mohana Krishna VS Camp Bell Choultry; P.Rama Chandra Reddy, S/o. Late P. Lakshmu Reddy vs State of Andhra Pradesh, Rep. by its Principal Secretary Endowments Department Secretariat building]
"Impact on public administrators" - Section 86 reinforces accountability for officers and trustees under the Endowments regime; where contraventions occur, penalties and criminal liability serve as a deterrent to mismanagement of endowments and religious institutions. [Source: ; Pannalal Bansilal Pitti VS State Of A. P. ]
"Judicial treatment of related offences" - While Section 86 sets penalty provisions, numerous judgments discuss due process, jurisdiction, and the interplay with tribunals and civil courts; Section 86 penalties are typically distinct from civil remedies but run within the same regulatory framework. [Source: P.Rama Chandra Reddy, S/o. Late P. Lakshmu Reddy vs State of Andhra Pradesh, Rep. by its Principal Secretary Endowments Department Secretariat building; T. Sobhanadri VS State of Andhra Pradesh, rep. by its Principal Secretary, Endowments Department, A. P. Secretariat]
"Consistency with other sections" - Section 86 complements other enforcement provisions (Sections 83-85 on eviction, Section 87 on tribunal decisions, Rule 6 on suspension and disciplinary proceedings), forming a comprehensive approach to governance and penalties for endowments. [Source: P.Rama Chandra Reddy, S/o. Late P. Lakshmu Reddy vs State of Andhra Pradesh, Rep. by its Principal Secretary Endowments Department Secretariat building; T. Sobhanadri VS State of Andhra Pradesh, rep. by its Principal Secretary, Endowments Department, A. P. Secretariat]
"Practical takeaway for practitioners" - When advising on Section 86 issues, focus on (a) whether there has been contravention of the Act, (b) whether the Commissioner has filed a complaint, (c) the interplay with eviction/encroachment proceedings, and (d) any due process concerns in parallel remedies; consider tribunal avenues for disputes under Section 87. [Source: Pannalal Bansilal Pitti VS State Of A. P. ; P.Rama Chandra Reddy, S/o. Late P. Lakshmu Reddy vs State of Andhra Pradesh, Rep. by its Principal Secretary Endowments Department Secretariat building]
"Policy context" - The penalties in Section 86 reflect the broader policy of safeguarding endowment assets and ensuring governance compliance, aligning with the Act’s objective to consolidate administration and prevent mismanagement or encroachment on endowment properties. [Source: ; Yalla Babu Rao VS Commissioner of Endowments]
"Notable caution" - While Section 86 provides penalties, it is essential to consider due process and fair hearing in related enforcement actions (as echoed in Section 86-related natural justice jurisprudence); the availability of tribunals and civil remedies should guide strategy. [Source: P.Rama Chandra Reddy, S/o. Late P. Lakshmu Reddy vs State of Andhra Pradesh, Rep. by its Principal Secretary Endowments Department Secretariat building; 00200054471]
"References for further reading" - Key references include: Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Section 86 and related provisions) [Pannalal Bansilal Pitti VS State Of A. P. ]; natural justice and eviction cases under the Act [P.Rama Chandra Reddy, S/o. Late P. Lakshmu Reddy vs State of Andhra Pradesh, Rep. by its Principal Secretary Endowments Department Secretariat building]; Endowments Tribunal jurisdiction and Section 87 framework [T. Sobhanadri VS State of Andhra Pradesh, rep. by its Principal Secretary, Endowments Department, A. P. Secretariat]; encroachment and penalty interactions under Sections 83-85 and 86 [Vannemreddy Mohana Krishna VS Camp Bell Choultry]. [Source: Pannalal Bansilal Pitti VS State Of A. P. ; P.Rama Chandra Reddy, S/o. Late P. Lakshmu Reddy vs State of Andhra Pradesh, Rep. by its Principal Secretary Endowments Department Secretariat building; T. Sobhanadri VS State of Andhra Pradesh, rep. by its Principal Secretary, Endowments Department, A. P. Secretariat; Vannemreddy Mohana Krishna VS Camp Bell Choultry]
* [Power of Endowments Tribunal to decide certain disputes and matters :- (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
Legal Comments
Section 87(1)(h) - Founder or member of founder family - Deputy Commissioner empowered to decide if a person is founder or member of founder family; Endowments Tribunal may confer ongoing jurisdiction; venue for challenge is within Endowments framework [Banda Raghavendra Rao VS Assistant Commissioner, Endowments, Vijayawada, Krishna District]
Section 87(6) - Presumption of public endowment - Burden on private-claimant to disprove public status; Deputy Commissioner may initiate suo motu enquiries into public/private status; Endowments Tribunal supersedes lower forums after constitution [T. Venkata Ratnam VS Commissioner, Endowments Department, Vijayawada]
Section 87(1) - Broad scope of disputes - Includes whether an institution is charitable/religious, whether property is an endowment, or related usages; enables both factual and evidentiary proceedings under CPC/Evidence Act guidelines [Teki Venkata Ratnam VS Deputy Commissioner of Endowments, Kakinada, East Godavari Dist]
Section 87(5) - Confirmation by Commissioner for Deputy Commissioner orders - An order of Deputy Commissioner not confirmed by Commissioner does not take effect; preserves appellate pathway under Sections 88-93; ensures finality and rights of appeal [M. Penchala Swamy S/o Late Narasimhulu VS State of Andhra Pradesh]
Section 87(4) - Appointment/recognition of founder-family trustee - Where founder family member recognized as trustee, related claims to board leadership must be processed within Act’s framework and not by external civil remedies; safeguards succession within founder line subject to rules [Rachamalla Sridhar Murali Krishna VS State of A. P. , reptd. by its Principal Secretary, Revenue (Endowments) Department]
Section 87(1)(a)-(c) - Classification and endowment identity - Endowments Tribunal empowered to adjudicate whether entity is charitable, religious, and whether property constitutes endowment; foundational for subsequent management orders [Mustooru Venkataramana vs Government of Andhra Pradesh]
Section 87(1)(h) with 17(1) interplay - Jurisdictional split between Deputy Commissioner for founder-family recognition and appointing authority under Rule/Explanations; harmony required to avoid conflicts on founder-recognition rights [Alaparthi Venkata Chalapathi Rao VS Commissioner of Endowments]
Section 15/17/29 (and related adoption/amalgamation provisions) - Adoption or amalgamation of institutions under Section 145; Tribunal guidance post-adoption; post-adoption governance can revert if institution becomes self-sustaining; protects against permanent mergers contrary to donors’ intent [Vinjamuri Rajagopala Chary VS State of Andhra Pradesh]
Section 83 - Encroachment - Endowments Tribunal/Deputy Commissioner has authority to adjudicate encroachment; after notice and enquiry, eviction orders may be issued for unauthorized occupation; interplay with property rights of endowments [Y. Venkateswarlu VS Durga Malleswara Swamy Devasthanam]
Section 88 - Right of appeal - aggrieved party may appeal Endowments Tribunal decisions to High Court within ninety days; ensures a top-level review apart from Section 87 proceedings; supports due process and correction of errors [Royal Line Ice Creams Ltd. Liability Partners, Visakhapatnam VS State of Andhra Pradesh]
Section 6/86-87 interplay (Act 1987 vs 1966 Act) - Jurisdictional primacy of Endowments Act in matters of public charitable and Hindu religious institutions; Civil Courts barred for disputes within Section 87’s scope, subject to limited exceptions when Act provides no remedy; Supreme Court precedents recognize parallel avenues only for non-Act remedies [Teki Venkata Ratnam VS Dy. Comissioner, Endowment]
Section 80/Section 145 (Adoption/Exchange) - For immovable property transactions, approval from Commissioner for gift/exchange/mortgage etc.; Court reinforces need for compliance with specified permissions before effectuating transfers; public interest and endowment governance weigh against improper transfers [Chinta Ramaiah VS A. P. Endowments Department]
Section 43/45 (Registration/Enteries) - Misregistration or omission matters are to be pursued via Deputy Commissioner; petitioners may seek registration corrections or entries in Endowments Register; Deputy Commissioner’s order/notice to be processed under Act’s scheme with CPC/Evidence application [Pavuluri Ramaiah VS State OF A. P. , Rep. by the secretary, Endowments Dept. , secretariat Buildings, Hyd. ]
Precedent on jurisdiction vs. maintainability of suits - Civil suits challenging endowment matters may be barred where Act provides a forum (Section 151 barred), but suits may be maintainable where issues fall outside Act’s purview or where remedies are not provided under the Act; courts have repeatedly stressed the primacy of Endowments Tribunal for disputes about endowment status and governance [Chinni Subba Rao VS Government of A. P. ]
Section 87(3) – Confirmation requirement prior to certain actions - In post-amendment regime, Endowments Tribunal governs disputes, and earlier Deputy Commissioner or Civil Court actions may be rendered improper if they attempt to adjudicate issues within Section 87’s exclusive domain; careful alignment with 2007 amendments is required [00200052470]
Section 145 – Adoption/Amalgamation mechanics - Courts recognize that adoption or amalgamation is a temporary governance arrangement; proper process and binding conditions must be followed; constitutional and donor intent considerations guide whether to continue, modify, or revoke such arrangements [M. Surya Rao VS State of Andhra Pradesh]
Section 6, Section 87 compatibility with other Acts - Act 30/1987 aligns with earlier Acts (1966/1950s) and prescribes overriding rules; the Tribunal's constitutional legitimacy and over-arching authority ensures uniform administration across endowments in AP [Teki Venkata Ratnam VS Dy. Comissioner, Endowment]
Section 87(1)(h) – Interim/ongoing rights during proceedings - Petitions for founder-family status require ongoing adjudication by Deputy Commissioner, with potential later confirmation by Endowments Tribunal; interim relief may be required to preserve status quo pending final decision [T. Venkata Ratnam VS Commissioner, Endowments Department, Vijayawada]
Section 80/Section 22-A (land/endowment transfers) - Land transactions involving endowments require compliance with preservation/prohibition provisions; High Court has addressed registration prohibitions and the need for balancing public interest with endowment rights [Peddi Sambaiah VS Principal Subordinate Judges Court, Guntur]
Section 87’s presumption of public character (post-amendment) - Endowments Tribunal carries a broad remit to protect endowments from mismanagement; rebuttable presumption of public character places burden on challenger to prove private status [Teki Venkata Ratnam VS Dy. Comissioner, Endowment]
Section 87(1)(g) - Allocation between secular and religious uses - Tribunal may determine allocation of property/money between secular vs religious uses for mixed-use endowments; helps prevent misallocation and ensures donor intent is honored [Mustooru Venkataramana vs Government of Andhra Pradesh]
Section 87(2)-(4) - Interim/safeguarding orders - Tribunal can issue interim orders protecting endowment properties and funds during dispute resolution; ensures continuity of administration and protection from misappropriation [Mustooru Venkataramana vs Government of Andhra Pradesh]
General note on enforceability - Section 133 quashing challenges and Certificate validity - Several cases hold that Certificates/certifications issued without proper enquiry or jurisdiction can be quashed; competent authority must issue certificates after due enquiries; courts will invalidate unauthorized acts [V. Ramajogeswara Rao VS Someswara Swamy Temple]
Banda Raghavendra Rao VS Assistant Commissioner, Endowments, Vijayawada, Krishna District, T. Venkata Ratnam VS Commissioner, Endowments Department, Vijayawada, Teki Venkata Ratnam VS Deputy Commissioner of Endowments, Kakinada, East Godavari Dist, M. Penchala Swamy S/o Late Narasimhulu VS State of Andhra Pradesh, Rachamalla Sridhar Murali Krishna VS State of A. P. , reptd. by its Principal Secretary, Revenue (Endowments) Department, Mustooru Venkataramana vs Government of Andhra Pradesh, Alaparthi Venkata Chalapathi Rao VS Commissioner of Endowments, Vinjamuri Rajagopala Chary VS State of Andhra Pradesh, Peddi Sambaiah VS Principal Subordinate Judges Court, Guntur, Y. Venkateswarlu VS Durga Malleswara Swamy Devasthanam, Royal Line Ice Creams Ltd. Liability Partners, Visakhapatnam VS State of Andhra Pradesh, Teki Venkata Ratnam VS Dy. Comissioner, Endowment, Pavuluri Ramaiah VS State OF A. P. , Rep. by the secretary, Endowments Dept. , secretariat Buildings, Hyd. , Chinta Ramaiah VS A. P. Endowments Department, Chinni Subba Rao VS Government of A. P.
* [88. Right of appeal against the decision of the Endowments Tribunal under Section 87 :-Any person aggrieved by the decision of the Endowments Tribunal under Section 87 and Section 119 may, within ninety days from the date of receipt of the decision prefer an appeal to the High Court.]
89. Compromise how to be made :- (1) No suit, application or appeal pending before a court which relates to charitable or religious institution or endowment, shall be withdrawn or compromised by the trustee or other person incharge of the management of such institution or endowment except with the previous sanction of the Commissioner.
(2) Where the Commissioner considers that any claim, demand,
or cause of action for suing in respect of the affairs, funds, or
properties of the charitable or a religious institution or endowment
shall, in the interests of the institution or endowment be compromised
without instituting or without continuing any suit or other legal
proceeding and if the other party to such suit or other legal proceedings
is willing to enter into a compromise under the terms and conditions
which the Commissioner con
90. Appeal in certain cases :- (1) Any person aggrieved may, within ninety days from the date of receipt by him of an order, appeal against such order where it is passed by -
(i) the Commissioner under sub-section (4) of Section 25, sub- section (1) of section 28, sub-section (2) or sub-section (3) of Section 61, sub-section (1) of Section 66 and sub-sections. (1) and (2) of Section 73, to the Government.
(ii) the Deputy Commissioner or the Assistant Commissioner, as the case may be, under sub-section (4) of Sec. 25, sub-section (1) of Section 28, sub-sections (1) and (2) of Section 73, to the Commissioner.
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 jurisdictio
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 o
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, r
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.
95. Application of the Act to Tirumala Tirupathi Devasthanams :- (1) The provisions of this Chapter shall apply only to the Tirumala Tirupathi Devasthanams.
(2) The other provisions of this Act shall, subject to the provisions of this Chapter, apply
(i) to the Tirumala Tirupathi Devasthanams which shall be constituted into a single religious institution for the purpose of inclusion in the list published under clause (a) of Section 6;
(ii) to every specific endowment attached either to the said Devasthanams as a whole or any Temple or institution thereof ; as if all powers and functions assigned therein to a Deputy Commissioner, or an Assistant Commissioner, had been assigned to the Commissioner, instead.
* [Constitution of Board of Trusters :- (1) There shall be a Board constituted by the Government for the Tirumala Tirupathi Devasthanams called "the Tirumala Tirupathi Devasthanams Board" consisting of not more than * [fifteen members], including the Chairman, to be appointed by the Government, of whom :-
* [(i) the Principal Secretary or Secretary, Revenue in-charge of Endowments shall be a member ex-officio;
(i-a) the Commissioner of Endowments shall be a member ex-officio;
(i-b) the Chairman, Tirupathi Urban Development Authority constituted under the Andhra Pradesh Urban Areas (Development) Act, 1975 (Act 1 of 1975) s
* [Powers and functions of the Board :- The Board shall in addition to the powers conferred and functions entrusted to it by this Act, exercise such other powers and perform such other functions as may be prescribed in regard to matters of policy and general superintendence and review in relation to the Administration of Tirumala Tirupathi Devasthanams having due regard to public interest and the services and amenities to be provided to and welfare safety measures to be undertaken for, the pilgrims, devotees and worshippers resorting to Tirumala Tirupathi Devasthanams.
97-A. Constitution of Committee :- (1) There shall be a Committee constituted by the Government. for Tirumala Tirupathi Devasthanams called the Tirumala Tirupathi Devasthanams Management Committee' which shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property and shall sue and be sued by the said corporate name.
(2) The Committee shall consists of the following members namely:-
(i) the Chairman of the Board, who shall be ex-officio Chairman of the Committee ;
(ii) the Commissioner, who shall be a member, ex-officio ;
(iii) the Executive Officer, who shall be the ex-officio Member- Secretary of the Committee ;
(iv) five other m
Powers and functions of Committee :- Subject to the provisions of this Act and the rules made thereunder :-
(i) The administration of the Tirumala Tirupathi Devasthanams shall vest in the Committee and the Committee shall, for this purpose, in addition to the powers conferred and functions entrusted to it by this Act exercise such powers and perform such functions as may be prescribed ;
(ii) The Committee shall manage the proprieties and affairs of the Tirumala Tirupathi Devasthanams and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its customs and usage ;
(iii) The Committee shall have power to fix fees for the performance
of archana, or any service or rituals or
98. Qualifications and disqualifications for Chairman and members of * [Board or Committee] :-
The provisions of Sections 18 and 19 shall as far as may be apply in relation to the office of the Chairman and * [members of the Board or Committee.]
* [Term of office of Chairman and Members of the Board or Committee :- The Chairman and any other member of the Board or Committee other than ex-officio members shall hold office for a period of two years from the date of appointment by the Government.]
100. Chairman and members not to receive or be paid salary or other remuneration :- The Chairman or members shall not receive or be paid any salary or other remuneration from the funds of the Tirumala Tirupathi Devasthanams, except such honorarium or compensatory allowance or travelling, daily and conveyance allowances as may be prescribed.
101. Resignation :- The Chairman or any member, other than ex-officio member may resign his office as the Chairman or member by giving notice in writing to the Executive Officer and his office shall become vacant from the date of acceptance of the same by the Government.
102. Cessation of office members :- (1) A member shall cease to hold office as such member if he has absented himself from three consecutive meetings of * [Board or Committee as the case may be], without obtaining the prior permission of the Chairman therefor.
* [(2) Where a person is the Chairman or a Member of the Board or the Committee such person shall cease to be such Chairman or Member if he ceases to be the Chairman or the Member of the Board or Committee, as the case may be].
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.
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 Sec. 103, his office shall become vacant.
(2) Where a causal vacancy occurs as specified in sub-section (1) or otherwise, the Government may fill the vacancy by appointing another person as Chairman or member in his place in accordance with the provisions of this Chapter and such Chairman or member shall hold office only for the residue of the term of office of his predecessor.
105. Dissolution and reconstitution of
* [Board or Committee] :- (1) Where at any time it appears to the Government that the * [Board or Committee] has failed to perform its functions or has exceeded or abused any of the powers conferred upon it by or under this chapter, the Government may, on the recommendation of the Commissioner, by notification published in the Andhra Pradesh Gazette, dissolve the * [Board or Committee] from such date as may be specified therein and constitute another * [Board or Committee] afresh in accordance with the provisions of this chapter.
(2) Before iss
106. Appointment of Executive Officer, Joint Executive Officer, Special Grade Deputy Executive Officer and Financial Advisor and Chief Accounts Officer etc .:-(1) Subject to the provisions of Section 107, the Government shall appoint an Executive Officer, a Joint Executive Officer, a Special Grade Deputy Executive Officer, a Financial Advisor, a Chief Accounts Officer, a Chief Engineer, a Chief Security Officer and any other Officer.
(2) Every officer appointed under sub-section (1), shall be a person professing Hindu Religion.
(3) The conditions of the service of the officers appointed under sub-section (1), shall be such as may be determined by the Government.
(4) Every officer appointed under sub-section (1), shall be
a whole time Officer of the Tirumala Tirupa
107. Qualifications for appointment of Executive Officer, Joint Executive Officer, Special Grade Executive Officer, Financial Advisor and Chief Accounts Officer etc. :- (1) A person to be appointed as Executive Officer shall be one who is holding or has held a post of the District Collector or a post not lower in rank than that of a District Collector in any other service in the State.
(2) A person to be appointed as Joint Executive Officer shall be one who is holding or has held a post of a Joint District Collector or a post not lower in rank than that of a Joint District Collector in any other service in the State.
(3) A person to be appointed as a Special Grade Deputy Executive
Officer shall be one who has been holding or has held a post of a
Deputy Executive Officer in the service of the Tiru
108. Term of appointment of Executive Officer and Joint Executive Officer :- The Executive Officer or a Joint Executive Officer appointed under sub-section (1) of Section 106 shall hold office for a term of three years and he shall also be eligible for reappointment for another term.
109. Powers and functions of Officers appointed under Section 106 :- (1) (a) The Executive Officer shall be the Chief Administrative Officer of Tirumala Tirupathi Devasthanams and shall, subject to the guidance and control of the * [Committee] have general power to carry out the other provisions of the Chapter.
(b) He shall be responsible for the proper maintenance and custody of the records and properties of the Tirumala Tirupathi Devasthanams and shall arrange for the proper collection of the offerings made in the temples specified in the First Schedule.
(c) Save as otherwise provided in this Chapter he shall exercise such other powers and perform such other functions as may be prescribed.
(2) The Executive O
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 funds of the Tirumala Tirupathi Devasthanams. The Executive Officer shall forthwith report to the * [Committee] the action taken under this section and the reasons therefor.
Funds of the Tirumala Tirupathi Devasthanams :- The Tirumala Tirupathi Devasthanams shall have its own funds, the corpus of which shall include all the amounts received by it by way of donations, gifts, kanukas including offerings deposited in Hundis and any income from any other source and all payments by Tirumala Tirupathi Devasthanams shall be made from the said funds.
(2) The said funds shall be operated by an officer or officers authorised by the * [Committee] in such manner and subject to such conditions as may be prescribed.
(3) All monies belonging to the funds of the Tirumala Tirupathi
Devasthanams shall be deposited in such Bank or Treasury or be invested
in such securities in accordance with such gu
112. Establishment of
* [Hindu Dharma Prachara Parishad] :-(1)It shall be lawful for the * [Committee] to establish an institution called "the * [Hindu Dharma Prachara Parishad]" and to set apart every year out of its funds a sum not less than rupees one lakh for the maintenance of the said Parishad.
(2) Upon such establishment of the said Parishad,the Hindu
Dharma Rakshana Samstha established under subsection (1) of Section
24 of the Tirumala Tirupathi Devasthanams Act, 1979 shall stand abolished
and the funds standing be its credit and other assets of the said
Samstha shall thereupon vest with the * [Hindu Dharma Prachara Parishad
113. Establishment of Sri Venkateswara Sishtacharya Vidya Samstha :- (1) It shall be lawful for the * [Committee] to establish an institution to be called "Sri Venkateswara Sistacharya Vidya Samstha" and to make a foundation grant of such sum as it may think fit for the said purpose in the name of the said Samstha, the interest accrued from the proceeds of which may be utilised for the purposes of the Samstha.
(2) The object of the said Samstha shall include -
(i) the running of Gurukulas for imparting Vedic knowledge in the traditional manner ;
(ii) the implementation of Niyamadhyayana and Kumaradhyayana schemes of imparting Vedic knowledge ;
(iii) the running of an upto date
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 or of the Andhra Pradesh (Andhra Area) Public Health Act, 1939 and the rules made thereunder shall be extended to, and be in force in the Tirumala Hills area as notified under sub-sec. (1) with such modifications not affecting the substance as may be necessary or proper for the purpose of adopting them to the Tirumala Hills area ; and any such notification may likewise be cancelled or modified by a subsequent notification.
(b) Without prejudice to
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
* [Committee] by a resolution passed in that behalf requests the Government
to take over or arrange for the transfer to any other authority of
the control and management of any educational or other institutions
specified in the Second Schedule, the Government may, by notification
published in the Andhra Pradesh Gazette, take over itself or transfer
to any local or other authority the control and management of any
or all of the educational or other institutions specified in the said
notification ; and from the date so notified it shall be open to the
Government or the local or other authority, as the case may be, to
116. Budget :- * [(1) The Executive Officer shall, in each Financial year (hereinafter referred to as the said year) not later than the 15th January of the said year, frame and place before the Committee, the Budget showing the probable receipts and expenditure during the following financial year, and the Committee shall, within fifteen days of the date on which the budget is placed before it, place it before the Board at a special meeting convened for the purpose for its approval, and the Board shall approve the same, with or without modifications, at such meeting and forward sufficient number of copies of such budget to the Government before the end of the said year.]
(2) The Government may sanction the budget with such modifications, if any, as they may deem fit.
117. Accounts and Audit :- (1) The financial Adviser and Chief Accounts Officer shall keep regular accounts of all receipts and disbursements for each financial year separately in such form and containing such particulars as may be prescribed.
(2)(a) The accounts of the Tirumala Tirupathi Devasthanams shall be audited annually or if the Government so directs in any case at short intervals.
(b) The audit referred to in clause (a) shall be made by auditor appointed by the Government for the purpose and the auditor shall send a report to the Government containing such particulars as may be prescribed.
(3) It shall be the duty of the Financial Adviser and Chief
Accounts Officer and all officers and servants working under him to
afford the auditor all such assistan
* [118. Encroachments :- The provisions in Sections 83, 84, 85 and 86 shall apply to Tirumala Tirupathi Devasthanams and the powers therein shall be exercised by the Endowments Tribunal.]
* [119. Enquiries :- The provisions in Section 87 shall apply to Tirumala Tirupathai Devasthanams and the powers therein shall be exercised by the Endowments Tribunal.]
120. Appeals :- Any person aggrieved may, within ninety days from the date of receipt by him of an order, appeal against such order, where it is passed by -
(i) the Joint Executive Officer or Executive Officer under any provision of this chapter or any rules made thereunder to the * [Committee].
(ii) the * [Committee] under any provision of this chapter or any rules made thereunder, to the Government :
Provided that where an appeal against the order of the Executive Officer is being heard by the * [Committee] the Executive Officer shall not participate in the deliberations of the 121. Revision :- (1) The Government may, either suo motu or on an application call for and examine the records from the * [Board or Committee] or the Commissioner in respect of any administrative or quasi-judicial decision taken or order passed under this chapter to satisfy themselves as to the correctness, legality or propriety of such decision or order taken or passed and if in any case it appears to the Government that such decision or order should be modified, annulled, reversed or remitted for consideration, they may pass orders accordingly :
Provided that every application to the Government for the
exercise of the powers under this section shall be preferred within
ninety days from the date on which the decision or order to which
an application relates was communi
122. Review :- (1) The Government may either suo motu or on an application from any person interested made within ninety days of the passing of the order under Section 120 or Section 121, review any such order if it was passed by them under any mistake, whether of fact or law or in ignorance of any material fact :
Provided that the Government shall not pass any order adversely affecting any person unless such person has been given an opportunity of making his representation.
(2) The Government may stay the execution of any such decision or order, pending the exercise of their powers under sub-section (1) in respect thereof.
* [123. Right of pre-emption :- No person owning properties on Tirumala Hills shall, without the prior permission of the Executive Officer of the Tirumala Tirupathi Devasthanams alienate the same by way of sale, exchange, mortgage or lease. If he intends to so alienate he shall apply to the Executive Officer for permission with full details of the transaction and the parties involved. The Tirumala Tirupathi Devasthanams shall have a right of pre-emption. If Tirumala Tirupathi Devasthanams desires to exercise this right on t he terms indicated by the applicant, being those offered to third party, the applicant shall enter into the necessary contract with Tirumala Tirupathi Devasthanams.]
124. Oath of Office :- Before the Chairman or a member of the * [Board or Committee] enters upon his office, the Executive Officer or any other officer authorised by him in this behalf shall administer to the Chairman or member the oath of office and secrecy as may be prescribed.
* Administration Report : - Within three months after the close of each financial year, the Committee shall submit to the Board a report on the administration of the affairs of the Tirumala Tirupathi Devasthanams, during that year in such form as the Government may determine. The Board shall review the report and submit a copy of the same to the Government with its remarks thereon.]
126. Meeting of the
* [Board or Committee] :- (1) Every meeting of the * [Board or Committee] shall be presided over by the Chairman and in his absence by the Commissioner.
* [(2) The Quorum for a meeting -
(a) of the Board shall be five of which one shall be the Chairman or the Commissioner.
(b) of the Committee shall be two of which one shall be the Chairman or Commissioner.]
(3) All decisions at the meeting of the
* [Board or
Committee] shall be by a majority v
127. Acts of the * [Board or Committee] not to be invalidated by informality, vacancy etc. :- No act or proceeding of the * [Board or Committee] shall be deemed to be invalid by reason only of a defect in its constitution or on the ground that the * [Board or Committee] or any member thereof, as the case may be, was not entitled to hold or continue in such office by reason of any disqualification or by reason of any irregularity or illegality in his appointment or by reason of any such act or proceeding having been done or conducted during the period of any vacancy in the office of the Chairman or member.
128. * [Committee] to be in possession of institutions and properties :- (1) The * [Committee] shall be entitled to take and be in possession of all the institutions, properties, jewels, records and documents of the Tirumala Tirupathi Devasthanams.
(2) If, in obtaining such possession, the
* [Committee] is
resisted or obstructed by any person, it may make an application to
the Court of competent jurisdiction complaining of such resistence
or obstruction, and the court shall, unless it is satisfied that the
resistence or obstruction was occasioned by any person claiming in
good faith to be in possession on his own account or by virtue of
some independent of that
129. Suits and legal proceedings by or against Tirumala Tirupathi Devasthanams :- In all suits and other legal proceedings by or against the Tirumala Tirupathi Devasthanams the pleadings shall be signed and verified by the Executive Officer and all processes in such suits and proceedings shall be issued to or served on the Executive Officer.
Cost of Proceedings etc. :- The costs, charges and expenses of, and incidental to, any suit, appeal or application to a court under this chapter shall be in the discretion of the court which may direct the whole or any part of such costs, charges and expenses to be met from the funds of the Tirumala Tirupathi Devasthanams or to be borne and paid in such manner and by such persons as it thinks fit :
Provided that all costs, charges and expenses incurred by the Government or the *[Committee] in connection with any legal proceedings required in the interests of the Tirumala Tirupathi Devasthanams shall be payable out of the funds of the Tirumala Tirupathi Devasthanams.
131. Annual Inspection :- (1) Notwithstanding any of the provisions of this chapter, the Executive Officer shall furnish the copies of all the statutory returns, approved Budget, Audit Report and of all other correspondence made to Government for information of the Commissioner.
* [(2) The Government shall cause an annual inspection of the Tirumala Tirupathi Devasthanams by such officer above the rank of the Executive Officer as they may nominate.]
132. Power of the Commissioner to transfer proceedings etc. :- (1) The Commissioner shall have power at any stage to transfer any proceeding pending before a Regional Joint Commissioner, Deputy Commissioner or an Assistant Commissioner either to his own file, or to another Regional Joint Commissioner, Deputy Commissioner or Assistant Commissioner, as the case may be, for disposal.
(2) Any person aggrieved by an order passed by the Commissioner under sub-section (1) may appeal to the Government who may pass such orders thereon as they may deem fit.
Duty of trustees, etc., to handover charge to successor and procedure for recovery of possession of institution, etc., in case of default :- (1) Where a person, who
(a) is or has been a trustee on the ground of succession of an institution or endowment ; or
(b) is appointed as trustee, Executive Officer, Office holder or servant of such institution or endowment ; or
(c) is appointed to discharge the functions of a trustee
of such institution or endowment in accordance with the provisions
of this Act, in any scheme in force at the time of commencement of
this Act.
ceases to be such hereditary trustee, trustee, Executive Officer,
Office-holder or servant or ceases, to discharge the functions of
the trustee (hereinafter referred to as the ex-office- holder') on
accou
Trustee not to lend or borrow money without sanction:- A trustee or an Executive Office or other person who is in charge of the administration of a charitable or religious institution orendowment, shall not lend or borrow money on behalf of the charitable or religious institution or endowment, except with the sanction of such authority, and subject to such conditions, as may be prescribed.
Dissolution of the Board of Trustees :- Where at any time 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 abuseor to give a satisfactory explanation there for within such time as the Government may fix in this behalf, the Government may dissolve the Board of Trustees.
Costs 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 provision of Section 67, direct the wholeor 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 Assistant Commissioner,as the case may be, shall be in their discretion, and they shall have power to determine by
Appointment of specified authority by Government incertain 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 ofthe 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.
Public Officers to furnish copies of or extracts fromcertain documents :- Notwithstanding anything in law, the Commissioner,Additional Commissioner, Regional Joint Commissioner, Deputy Commissioneror 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.
Power to enter and inspect :- The Commissioner, Additional Commissioner, Regional Joint Commissioner, Deputy Commissioner oran Assistant Commissioner shall, subject to such conditions and restrictions as may be prescribed, be entitled to enter at any time between 9.00a.m. and 6.00 p.m. any premises of the institution or endowment and to inspect in any public office any record, register or other document or any movable or immovable property relating to a charitable or religious institution or endowment.
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 bequest has been made in favour of a charitable or religious institution or endowment or such institution or endowment is created, it shall be the duty of the executor under the will and also the registration authority to forward a copy thereof to the Assistant Commissioner within whose jurisdiction such will was or is required to be registered, and inthe case of Tirumala Tirupathi Devasthanams to the Executive Officer.
(2) No probate of any such will or letters of administration with such will annexed shall be granted by any court unless it issatisfied that a copy of such will has been forwarded to the authority as provided by sub-section (1
Court fee to be paid as specified in the Third Scheduleof Act VII of 1956 :- Without prejudice to the provisions of theAndhra Pradesh Court Fees and Suits Valuation Act, 1956, the properfees chargeable in respect of the documents described in column (2)of the Third Schedule shall be the fees included in column (3) thereof.
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.
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 forceshall 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 inthe remaining area of the State.
Abolition of shares in Hundi and other rusums :- Notwithstanding any judgment, decree or order of any Court, Tribunal or other authority or in any scheme, custom, usage or agreement, or in any manual prepared by any institution or in any Farmana or Sanad or any deed or orderof 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 eitherin kind or in cash or both by the devotees either in Hundi, Plateor 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
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:
* [Provided that the conditions to be satisfied for any such adoption or amalgamation shall be as may be prescribed.]
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.
Imposing of fines and execution :- (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
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 personfrom 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 tothe p
Procedure and powers at enquiries under this Act :-(1) Where a Commissioner, Additional Commissioner or Regional Joint Commissioner, a 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 to the trial of suits or the hearing of appeals as the case may be.
(2) The provisions of the Indian Evidence Act, 1872 and the Indian Oaths Act, 1969, shall, so far as may be, apply to such 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
Notifications, orders etc., under the Act not to be questioned in Courts of law :- Save as otherwise expressly providedin 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.
151. Bar of Jurisdiction :- No suit or other legal proceeding in respect of administration or management of an institution or endowment or any other matters of dispute for determining or deciding which provision is made in this Act shall be instituted in any Court of Law except under and in confirmity with the provisions of this Act.
* [Constitution of Andhra Pradesh Dharmika Parishad :?(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 Devasthanams;
(v) One representative each from the Chairmen of Boards of Trustees from Section?6(a)(i
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
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 Administrat or 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 endowmen
Repeals and Savings :- (1) The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 and the Tirumala Tirupathi Devasthanams Act, 1979 are hereby repealed.
(2) Notwithstanding such repeal -
(a) all rules made, notifications or certificates issued,orders passed, decision made, proceedings taken and other things 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 al
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 thereof to which this Act applies ; and Section 8 of the Andhra Pradesh General Clauses Act, 1891, shall apply upon such cessor as if these enactments had been repealed by an Andhra Pradesh Act ;
(a) the Andhra Pradesh (Andhra Area) Endowments and EscheatsRegulation, 1817 ;
(b) the Religious Endowments Act, 1863 ;
(c) the Charitable Endowments Act, 1890 ;
(d) the Charitable and Religious Trusts Act, 1920 ; and
(e) Sections 92 and 93 of the Code of Civil Procedure
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.
Validation :- (1) Notwithstanding any law, custom orusage, a charitable or religious endowment including an endowment created for such objects as dharma, dharmadaya, punyakarya, or punyadana shall not be deemed to be void, only on the ground that the objects for which it is created, or the persons or objects for the benefit of whom or which it is created are unascertained or unascertainable.
(2) A charitable or religious endowment created for purposes,some of which are charitable or religious and some are not, shall not be deemed to be void in regard to the charitable or religious purpose, only on the ground that it is void in respect of the purposes which are not charitable or religious.
(3) Any disposition of property for charitable or religious purposes shall not be deemed to be
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 the Act, as appearto them to be necessary or expedient for removing the difficulty.
Overriding effect of the Act :- (1) Notwithstandingany compromise, agreement, scheme, judgment, decree or order of aCourt, 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 effecton 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, judgment, decree or orderor any custom or usage and such corresponding provisions shall there after have no effect.
(2) Notwithstanding anything in the agreements entered intoby the Tirumala Tirupathi Devasthanams represented by the ExecutiveOfficer and Archakam Mirasidars of Tirumala Tirupathi Devasthanamson the 30th May, 197
* [Archakas and other employees welfare fund.?(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
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 hav
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