Madras Hindu Religious and Charitable Endowments Act, 1951
(1) For the purpose of ensuring the adequate participation of Hindu devotees, a committee may be constituted for each temple in the name "(name of the temple) Temple Advisory Committee", not inconsistent with the existing custom and practices.
(2) The Temple Advisory Committees formed under sub-section (1) shall be approved by the Board.
(3) The composition of a Temple Advisory Committee under sub-section (1) shall be in such manner, as may be prescribed.]
The 54[State Government] may make rules regarding the convening of meetings of Area Committee 56[and Temple Advisory Committee], the quorum for, and the conduct of business, at such meetings, and all matters relating to the transaction of their business.
(1) The Commissioner may call for and examine the record of any Deputy or Assistant Commissioner, or any Area Committee, or of any trustee not being the trustee of a math or of a specific endowment attached to a math, in respect of any proceeding under this Act (not being a proceeding in respect of which a suit or an appeal to a Court is provided by this Act), to satisfy himself as to the regularity of such proceeding, or the correctness, legality or propriety of any decision or order passed therein.
(2) If any such decision or order has been passed by any Deputy or Assistant Commissioner, or by the trustee of any religious institution other than one included in the list published under Section 38, and it appears to the Commissioner that the decision or order should be modified, annulled, reversed or remitted for re-consideration, he may pass orders accordingly.
(3)(a) If any such decision or order has been passed by any Area Committee or by the
(1) The Commissioner shall have power at any stage--
(a) to transfer any proceeding pending before a Deputy or an Assistant Commissioner to his own file and dispose of it himself, or
(b) to transfer it to another Deputy or Assistant Commissioner for disposal.
(2) If the Commissioner is satisfied that a Deputy or an Assistant Commissioner has failed to exercise any power or discharge any duty which he ought to have exercised or discharged, the Commissioner may himself exercise such power or discharge such duty.
(3) If the Commissioner is satisfied that an Area Committee--
(a) has failed to exercise any power or discharge any duty which it ought to have exercised or discharged, or
(b) is unable for any reason to exercise any power or discharge any duty,
the Commissioner may himself exercise such power or discharge such duty or authorise the Assistant Commissioner to do
(1) Notwithstanding anything contained in this Act, the Board shall have the power to call for any file or proceedings pending before any of its officers or Area Committees and either dispose it of by itself or transfer it to another officer of the Board for disposal.
(2) Any party aggrieved by an order of the Board under sub-section (1), not being an order against which a suit or an appeal to a Court is provided under this Act may appeal to the State Government within three months from the date of receipt of the order by him:
Provided that the State Government shall not pass any order prejudicial to any party without giving him a reasonable opportunity of being heard.
(1) Notwithstanding anything contained in this Act, the Government may, by notification in the Gazette, appoint a Commission to enquire into and report on the allegations, if any, of any irregularities, corruption, maladministration or misappropriation of funds by the Board.
(2) The Commission appointed under sub-section (1) shall be a sitting Judge of the High Court of Kerala, who is a Hindu, in consultation with the Chief Justice:
Provided that, if the service of a sitting Judge of the High Court of Kerala is not available, a retired Judge of the High Court of Kerala, who is a Hindu, shall be appointed as such Commission.
(3) The term and other conditions of appointment of the Commission shall be such as may be specified in the order appointing such Commission.
(1) If in the opinion of the Government, the Board persistently makes default in the performance of the duties imposed on it by or under this Act or exceeds or abuses its powers, the Government may, by notification, specifying the reason for so doing, declare the Board to be in default or to have exceeded or abused its powers, as the case may be; and--
(a) that on the date to be specified in the order the office of the members of the Board shall be deemed to be vacated and require a fresh election to be held on or before the said date; or
(b) direct that the Board shall be superseded for such period, as may be specified in the notification.
(2) The members of the Board who vacate office by reason of a declaration made under sub-section (1) shall not, unless the Government otherwise direct, be deemed disqualified for re-election or re-appointment.
Where an order of supersession has been passed under section (1) of Section 19C the following consequences shall ensue, namely:--
(a) all the members of the Board shall from a date to be specified in the order, vacate their offices as such members;
(b) all the powers and duties which under the provisions of this Act are to be exercised and performed by the Board or the President shall, during the period of supersession, be exercised and performed by such person or persons as the Government may direct; and
(c) before the expiration of the period of supersession, election shall be held and appointment made for the purpose of reconstituting the Board.]
(1) On constitution of the Board under Section 7, the existing Hindu Religious and Charitable Endowment (Administration) Department (hereinafter referred to as the abolished Department) shall stand abolished and all its assets and liabilities shall stand transferred to, and vest in the Board, constituted under this Act.
(2) The assets referred to in sub-section (1) shall be deemed to include all rights and powers and all properties, whether movable or immovable, belonging to or vested in that Department or under their management and control, their funds, cash balance, if any, investments, deposits and all other interests or rights in or arising out of such property and all books of accounts or documents kept or maintained by them and its liability shall be deemed to include all debts, liabilities and obligations of whatever kind existing and pertaining to that Department at the time of its abolition.
(1) Unless otherwise expressly provided by or under this Act, all contracts, agreements and other instruments of whatever nature subsisting or having effect immediately before the abolition of the Department and to which the Department, or any of its officers or authorities is a party or which is in their favour shall be of full force and effect against or in favour of the Board constituted under this Act, and may be enforced or acted upon as fully and effectually as if, instead of the abolished Department, or of its officers or authorities the Board had been a party thereto or as if they had been entered into or issued in favour of the Board.
(2) If any suit, appeal or other legal proceedings of whatever nature by or against the abolished Department is pending, the same may be continued, prosecuted and enforced by or against the Board.
(1) On Constitution of the Board under Section 7, every full-time employee of the abolished Department shall be deemed to be continued as a Government employee for all practical purposes including pay and allowances and pensionery benefits as a vanishing category in the Board and shall hold office therein with the same terms and conditions of service and with the same rights and privileges, if any, as if he would have held the same if the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 2008, had not been enacted, until altered by the Board.
(2) Nothing in sub-section (1) shall prevent an employee of the abolished Department from exercising option to serve in other Departments of the Government, by protecting their pay and allowances within such period as may be specified by the Government.
(3) The Government may, after consulting the Board, direct, by general or special order, that the employees, who have exercised option within the time specified by
The sums standing to the credit of the provident fund accounts and to the superannuation fund and other like funds, if any, of the persons referred to in sub-section (1) of Section 19E except in respect of those employees transferred to other Departments accepting their option under sub-section (3) shall be transferred to the Board by the abolished Department, and the liability in respect of the said funds, shall be the liability of the Board.]
The Commissioner, or any two or more persons having interest and having obtained the consent in writing of the Commissioner, may institute a suit in the Court to obtain a decree for removing the trustee of a math or a specific endowment attached to a math, for anyone or more of the following reasons, namely:--
(a) the trustee being of unsound mind;
(b) his suffering from any physical or mental defect or infirmity which renders him unfit to be a trustee;
(c) his having ceased to profess the Hindu religion or the tenets of the math;
(d) his conviction for any offence involving moral turpitude;
(e) breach by him of any trust created in respect of any of the properties of the religious institution
17[(f) waste of the funds or properties of the institution or the application of such funds or properties for purposes unconnected with the institut
(1) When a vacancy occurs in the office of the trustee of a math or specific endowment attached to a math and there is a dispute respecting the right of succession to such office, or
When such vacancy cannot be filled up immediately, or
When the trustee is a minor and has no guardian fit and willing to act as such or there is a dispute respecting the person who is entitled to act as guardian, or
When the trustee is by reason of unsoundness of mind or other mental or physical defect or infirmity unable to discharge the functions of the trustee,
the Assistant Commissioner may take such steps and pass such order as he thinks proper for the temporary custody and protection of the endowments of the math or of the specific endowment, as the case may be, and shall report the matter forthwith to the Commissioner.
(2) Upon the receipt of such report, if the Commissioner, after making such inquiry as he deems necessary, is satisfied that an arrangement f
(1) The trustee of every math or specific endowment attached to a math may, from time to time, submit to the Commissioner proposals for fixing the dittam or scale of expenditure in the institution, and the amounts which should be allotted to the various objects connected with the institution or the proportions in which the income or other property of the institution may be applied to such objects.
(2) The trustee shall publish such proposals at the premises of the math and in such other manner as the Commissioner may direct, together with a notice stating that, within one month from the date of such publication, any person having interest may submit suggestions to the Commissioner.
(3) If on a scrutiny of such proposals, and any suggestions made by persons having interest, it appears to the Commissioner that the scale of expenditure or any item in the scale of expenditure is at variance with the established usage of the institution, or is not ju
The trustee of a math shall keep regular accounts of receipts of 'pathakanika' that is to say, any gift or properties made to him as the head of the math and shall be entitled to spend the said 'pathakanika' in accordance with the customs and usage of the institution].
22[x x x]
Subject to the rights of suit or appeal23 hereinafter provided, the Deputy Commissioner shall have power to inquire into and decide the following disputes and matters--
(a) whether an institution is a religious institution;
(b) whether a trustee holds or held office as a hereditary trustee;
(c) whether any property or money is a religious endowment;
(d) whether any property or money is a specific endowment;
(e) whether any person is entitled, by custom or otherwise, to any honour, emolument or perquisite in any religious institution; and what the established usage of a religious institution is in regard to any other matter;
(f) whether any institution or endowment is wholly or partly of a religious or secular character; and whether any property or money has been given wholly or partly for religious or secular uses; and
(g) where any property or
(1) When the Deputy Commissioner has reason to believe that in the interests of the proper administration of a religious institution, a scheme should be settled for the institution, or when not less than five persons having interest make an application in writing, stating that in the interests of the proper administration of a religious institution a scheme should be settled for it, the Deputy Commissioner shall consult in the prescribed manner the trustee and the persons having interest and the Area Committee, if any, having jurisdiction over the institution; and if, after such consultation, he is satisfied that it is necessary or desirable to do so, he shall, by order, frame a scheme of administration for the institution.
(2) A scheme settled under sub-section (1) for a temple or for a specific endowment other than one attached to a math for may contain provision for--
(a) removing any existing trustee, whether hereditary or non-hereditary:
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(1) The Deputy Commissioner may, on being satisfied that the purpose of a religious institution has from the beginning been, or has subsequently become impossible of realization, by order, direct that the endowments of the institution be appropriated to all or any of the following purposes, namely:--
(a) the propagation of the religious tenets of the institution;
(b) the establishment and maintenance of a university or college or other institution in which special provision is made for the study of Hindu religion, philosophy or sastras or for imparting instruction in Hindu temple architecture;
(c) the establishment and maintenance of educational institutions where instruction in the Hindu religion is also imparted to Hindu students thereof;
(d) promoting the study of Indian languages including Sanskrit;
(e) promotion of the cultivation of Indian arts and architecture;
(f)&nbs
(1) The Deputy Commissioner may, on being satisfied that a religious institution has, whether before or after the commencement of this Act, ceased to exist, hold an inquiry 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;
(b) appointing a trustee therefor;
(c) directing the recovery of any such properties or funds from any person who may be in possession thereof; and
(d) laying down that the properties and funds so specified shall be applied or utilized for renovating the institution or if such renovation is not possible, be appropriated to anyone or more of the purposes specified in Section 59, sub-section (1).
(2) The Deputy Commissioner may, on being satisfied after holding an inquiry in the prescribed manner, that any building or other place which was being used
(1) Any person aggrieved by any order passed by the Deputy Commissioner under any of the foregoing provisions of this Chapter may, within one month from the date of the publication of the order or the receipt thereof by the party concerned, as the case may be, appeal to the Commissioner.
(2) Any order passed by the Commissioner on such appeal against which no suit lies to the Court under the next succeeding section, or in which no suit has been instituted in the Court within the time specified in Section 62, sub-section (1), may be modified or cancelled by the Commissioner if the order has settled or modified a scheme for the administration of a religious institution or relates to any of the matters specified in Section 59.
(1) Any party aggrieved by an order passed by the Commissioner--
(i) under Section 61, sub-section (1) or sub-section (2), and relating to any of the matters specified in Section 57, Section 58 or Section 60; or
(ii) under Section 57, Section 58 or Section 60 read with sub-section (1) (a), (2), or (4) (a) of Section 19 may, within ninety days from the date of the receipt of such order by him, institute a suit in the Court against such order; and the Court may modify or cancel such order, but it shall have no power to stay the Commissioner's order pending the disposal of the suit.
(2) Any party aggrieved by a decree of the Court under sub-section (1) may, within ninety days from the date of the decree, appeal to the High Court.
(3) (a) Any scheme for the administration of a religious institution settled or modified by the Court in a suit under sub-section (1) or on an appeal under sub-section (2) or any
(1) Notwithstanding that a religious institution is governed by a scheme settled or deemed to have been settled under this Act, where the Commissioner has reason to believe that such institution is being mismanaged and is satisfied that in the interests of its administration, it is necessary to take proceedings under this Chapter, the Commissioner may, by notice published in the prescribed manner, call upon the trustee and all other persons having interest to show cause why such institution should not be notified to be subject to the provisions of this Chapter.
(2) Such notice shall state the reasons for the action proposed, and specify a reasonable time, not being less than one month from the date of the issue of the notice, for showing such cause.
(3) The trustee or any person having interest may thereupon prefer any objection he may wish to make to the issue of a notification as proposed.
(4) Such objection shall be in writin
(1) Where no such objection has been received within the time so specified or granted, the 53[State Government] may, on receipt of a report from the Commissioner to that effect, by notification published in the 53[Kerala Government Gazette], declare the religious institution to be subject to the provisions of this Chapter.
(2) Where any such objections have been received within the time so specified or granted, the Commissioner shall hold an inquiry54 into the objections in the manner prescribed, and decide whether the institution should be notified to be subject to the provisions of this Chapter or not.
(3) If the Commissioner decides that the institution should be notified as aforesaid, he shall make a report to that effect to the 55[State Government] who may thereupon, by notification published in the 55[Kerala Government Gazette], declare the religious institution to be subject to the provisions of
On the publication of the notification, the scheme of administration, if any, settled for the religious institution, whether before or after the commencement of this Act, and all rules, if any, framed under such scheme shall cease to apply to the institution; and such scheme and rules shall not be deemed to be revived by reason of the cancellation of the notification or by reason of its having ceased to be in force by efflux of time.
(1) For every institution notified under this Chapter, the Commissioner shall as soon as may be appoint a salaried executive officer, who shall be a person professing the Hindu religion.
(2) The salary and allowances of the executive officer, as determined by the Commissioner, shall be paid from the funds of the religious institution.
(1) The executive officer shall hold office for such period as may be fixed by the Commissioner and he shall exercise such powers and perform such duties as may be assigned to him by the Commissioner:
Provided that only such powers and duties as appertain to the administration of the endowments of the religious institution shall be assigned to the executive officer.
(2) The Commissioner shall define the powers and duties which may be exercised and performed respectively by the executive officer and the trustee, if any, of the religious institution.
(3) The executive officer shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (Central Act XLV of 1860).
(4) The Commissioner may, for good and sufficient cause suspend, remove or dismiss the Executive Officer.
(1) Section 58 shall not apply to, and no Area Committee shall have jurisdiction over, any religious institution notified under this Chapter or under Chapter VI-A of the Madras Hindu Religious Endowments Act, 1926 (Madras Act 11 of 1927), so long as the notification remains in force.
(2) Nothing in sub-section (1) shall be construed as prohibiting framing of a scheme under Section 58 during the period when a notification is in force, to take effect immediately on the notification ceasing to be in force.
Nothing in this chapter shall apply to maths or other religious institutions having hereditary trustees who have a beneficial interest in the income of the institutions.
(1) The trustee of every religious institution shall, before the end of March in each year, submit in such form as may be fixed by the Commissioner, a budget showing the probable receipts and disbursements of the institution during the following 59[Calendar] year--
(a) to the Area Committee, if the institution is subject to the jurisdiction of such a Committee; and
(b) to the Commissioner, in other cases.
(2) Every such budget shall make adequate provision for--
(a) the dittam or scale of expenditure for the time being in force;
(b) the due discharge of all liabilities binding on the institution;
(c) the repair and renovation of the buildings connected with institution, the provision made under this clause not being less than ten per centum of its income in the case of an institution assessed to contribution under Section 76 for the previous 60
(1) The trustee of every religious institution shall keep regular accounts of all receipts and disbursements.
(2) The accounts of every religious institution, the annual income of which as calculated for the purposes of Section 76 for the 60[Calendar] year immediately preceding is not less than sixty thousand rupees, shall be subject to concurrent audit, that is to say, the audit shall take place as and when expenditure is incurred.
(3) The accounts of every other religious institution shall be audited annually, or if the Commissioner so directs in any case or class of cases, at shorter intervals.
(4) The audit shall be made--
(a) in the case of a religious institution the annual income of which calculated as aforesaid for the 60[Calendar] year immediately preceding is not less than one thousand rupees, by auditors appointed in the prescribed manner, who shall be deemed to be public
After completing the audit for any year or shorter period, or for any transaction or series of transactions, as the ease may be, the auditor shall send a report--
(a) to the Area Committee, if the institution is subject to the jurisdiction of such a Committee; and
(b) to the Commissioner, in other cases.
(1) The auditor shall specify in his report all cases of irregular, illegal or improper expenditure, or of failure to recover moneys or other property due to the religious institution, or of loss or waste of money or other property thereof, caused by neglect or misconduct.
(2) The auditor shall also report on such other matter relating to the account as may be prescribed, or on which the Commissioner or the Area Committee concerned, as the case may be, may require him to report.
(1) The Area Committee or the Commissioner, as the case may be, shall send a copy of every audit report relating to the accounts of a religious institution to the trustee thereof, and it shall be the duty of such trustee to remedy any defects or irregularities pointed out by the auditor and report the same to the Area Committee or the Commissioner, as the case may be.
(2) The Area Committee shall forward to the Commissioner a copy of every audit report received by it under clause (a) of Section 72 and the report if any, of the trustee made under sub-section (1), together with such remarks as the Area Committee may wish to make thereon.
(3) If, on a consideration of the report of the auditor along with the report, if any, of the trustee, and the remarks, if any, of the Area Committee, the Commissioner thinks that the trustee or any other person, was guilty of misappropriation or wilful waste of the funds of the institution or of gross neglect resu
The provisions of this Chapter shall apply to every religious institution, notwithstanding anything to the contrary contained in any scheme settled or deemed to be settled under this Act.
(1) The Board may, from time to time, with the previous sanction of the Government and subject to such conditions and limitations as the Government may determine, borrow any sum for investment by the Board in any remunerative scheme undertaken or to be undertaken by it.
(2) The income derived from any remunerative scheme implemented wholly or partly with any sum borrowed under sub-section (1) shall be utilized only for the repayment of the loan and payment of interest thereon and for the purpose of performing the functions which the Board is required by this Act to perform.]
(1) In respect of the services rendered by the 66[Board] and their officers and for defraying the expenses incurred on account of such services every religious institution shall, from the income derived by it, pay to the 67[Board] annually such contribution not exceeding five per centum of its income as may be prescribed.
(2) Every religious institution, the annual income of which, for the 68[Calendar] year immediately preceding as calculated for the purposes of the levy of contribution under sub-section (1), is not less than one thousand rupees, shall pay to the 69[Board] annually, for meeting the cost of auditing its accounts, such further sum not exceeding one and a half per centum of its income as the Commissioner may determine.]
(3) The annual payments referred to in sub-sections (1) and (2) shall be made, notwithstanding anything to the contrary contained in any scheme settled or deemed to be set
All costs, charges and expenses incurred by the State Government, 77[Board,] the Commissioner, a Deputy Commissioner, an Area Committee, or an Assistant Commissioner as a party to, or in connection with, any legal proceeding in respect of any religious institution, shall be payable out of the funds of such institution, except in cases where a liability to pay the same has been laid on any party or other person personally and the right to reimbursement under this section has been negatived in express terms.
(1) The contributions, costs and expenses payable under Sections 76 and 77 shall be assessed on and notified to the trustee of the religious institution concerned in the prescribed manner.
(2) (a) Such trustee may, within fifteen days from the date of the receipt of such notice or within such further time as may be granted by the Commissioner, prefer his objection thereto, if any, to the Commissioner in writing. Such objection may relate either to his liability to pay or to the amount specified in the notice. The Commissioner shall consider such objection and give his decision confirming, withdrawing, or modifying his original notice.
(b) Within one month from the date of receipt of the notice of assessment, or when objection has been preferred, within one month from the date of the decision of the Commissioner, or within such further time as may be granted by him, such trustee shall pay the amount specified in the original notice or the amount
(1) It shall not be competent for the Commissioner to levy any contribution for more than three 81[Calendar year] immediately preceding the 81[Calendar year] in which a notice of assessment is issued under Section 78.
(2) Nothing in this section shall affect any levy of contribution made or moneys collected by the Board before the commencement of the Madras Hindu Religious Endowment (Amendment) Act. 1946.
The State Government shall, after due appropriation made by the State Legislative Assembly by law in this behalf, pay to the Board by way of grants, such sums of money as the State Government may think fit, for being utilized for the purposes of this Act.]
(1) Subject to the provisions of this Act, the Board shall constitute a fund called the "Malabar Devaswom Fund" and on such constitution the "Hindu Religious and Charitable Endowments Administration Fund" vested in the Board shall be credited in the Fund so constituted by it.
(2) The Board shall account the following items of receipt under their respective accounts, namely:--
(a) all contributions payable under Section 76(1) and the further sums payable under Section 76(2);
(b) grants and loans, received from the Government;
(c) grants and donations, received from the public and other bodies and institutions;
(d) the money realized from time to time by the sale of movable properties belonging to the Board;
(e) profits and interest received from investments of funds of the Board; and
(f) all other moneys belonging to or other income rece
(1) The Board shall keep regular accounts of all receipts in and disbursements from the Fund.
(2) The accounts of the Board shall be audited annually.
(3) The audit shall be conducted by the Director of Local Fund Audit in accordance with the provisions contained in the Kerala Local Fund Audit Act, 1994 (14 of 1994).
Subject to the provisions of this Act, the Board may deposit its funds in any Nationalized Bank, Co-operative Bank or Government Treasury or invest the same in any security of the State Government or the Government of India.
(1) The Board shall, in each year prepare a Budget for the next financial year before the expiry of three months of the preceding financial year showing the probable receipts and disbursements of the temples, institutions and endowments under the management of the Board during the financial year.
(2) The Board shall within two months after the expiry of each financial year prepare an annual administration report for that year and submit within one month thereafter to the Government such number of copies thereof, as the Government may direct.
(3) The Government shall place the Administration Report before the Legislative Assembly within one month from the date of its receipt.]
(1) Contributions under Section 76(1) and further sums under Section 76(2) shall be payable with effect from the commencement of this Act. For the period from the commencement of this Act until the commencement of the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 1954, the rate prescribed by the 85[State Government] under Section 76(1) or determined by the Commissioner under Section 76
(2) shall be deemed to be the rate prescribed or determined under Section 76(1) or Section 76(2) as the case may be, as amended by the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 1954, and contributions and further sums paid to the 85[State Government] shall be deemed to be contributions and further sums as the case may be, paid to the Commissioner under Section 76(1) and Section 76(2) as amended by the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 1954.
(2) The 85[State Government] sh
86A[x x x x]
86B[x x x x]
86C[x x x x]
All public officers having custody of any record, register, report or other document relating to a religious institution or any movable or immovable property thereof shall furnish such copies of or extracts from the same as may be required by the Commissioner, a Deputy Commissioner, an Area Committee, or an Assistant Commissioner.
Where a person has been appointed--
(a) as trustee or executive officer of a religious institution or,
(b) to discharge the functions of a trustee of a religious institution in accordance with the provisions of this Act, or
(c) in any scheme framed by the Board before the commencement of this Act,
and such person is resisted in, or prevented from, obtaining possession of the religious institution or of the records, accounts and properties thereof, by a trustee, office-holder or servant of the religious institution who has been dismissed or suspended from his office or is otherwise not entitled to be in possession or by any person claiming or deriving title from such trustee, office-holder or servant, not being a person claiming in good faith to be in possession on his own account or on account of some person not being such trustee, office holder or servant, 87[88[xxx] or any
(1) The costs, charges and expenses of and incidental to any suit, appeal or application to Court under this Act shall be in the discretion of the Court, which may, subject to the provisions of Section 77, direct the whole or any part of such costs, charges and expenses to be met from the property or income of the religious institution or endowment concerned or to be borne and paid in such manner and by such persons as it thinks fit.
(2) The costs, charges and expenses of and incidental to any appeal application or other proceeding before the Commissioner or a Deputy Commissioner shall be in his discretion and he shall have full power to determine by whom or out of what funds and to what extent such costs, charges and expenses are to be paid; and the order passed in this regard may be transferred for execution to the Court and shall be executed by the Court as if the order had been passed by itself if and in so far as the Court considers the order to be a reasonabl
(1) If any trustee (including the executive officer or other person in whom the administration of a religious institution is vested) or any agent of, or person working under, the trustee
(a) refuses, neglects or fails to comply with the provisions of Section 25 or Section 26, or
(b) refuses, neglects or fails to furnish such accounts, returns, reports or other information relating to the administration of the religious institution or its funds, property or income or the application thereof, at such time and in such manner as the Commissioner, Deputy Commissioner, Area Committee or Assistant Commissioner may require, or
(c) refuses to permit, or causes obstruction to, inspection by the Commissioner, a Deputy Commissioner, a member of an Area Committee duly authorised in this behalf or an Assistant Commissioner, of any movable or immovable property belonging to, or of any records, correspondence, plans, accounts and ot
Notwithstanding anything contained in the First or the Second Schedule to the Court Fees Act, 1870, the proper fees for the documents described in columns (1) and (2) of the Schedule shall be the fees indicated in column (3) thereof.
Nothing contained in this Act shall--
(a) save as otherwise expressly provided in or under this Act, affect any honour, emolument or perquisite to which any person is entitled by custom or otherwise in any religious institution, or its established usage in regard to any other matter; or
(b) authorize any interference with the religious and spiritual functions of the head of a math including those relating to the imparting of religious instruction or the rendering of spiritual service.
Nothing contained in this Act shall be deemed to confer any power or impose any duty in contravention of the rights conferred on any religious denomination or any section thereof any clauses (a), (b) and (c) of Article 26 of the Constitution.
No suit or other legal proceeding in respect of the administration or management of a religious institution or any other matter or dispute for determining or deciding which provision is made in this Act shall be instituted in any Court of Law, except under, and in conformity with, the provisions of this Act.
Nothing contained in any law of limitation for the time being in force shall be deemed to vest in any person the property or funds of any religious institution which had not vested in such person or his predecessor-in-title before the commencement of this Act.
All lands belonging to the Board and religious institutions shall be deemed to be the property of the Government for the purpose of the Kerala Land Conservancy Act, 1957 (8 of 1958) and all the provisions of that Act shall, so far as they are applicable, apply to such lands.]
(1) Where a Commissioner or a Deputy Commissioner makes an inquiry or hears an appeal under Chapter V or Chapter VI, the inquiry 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, 1873 shall apply to such inquiries and appeals.
(3) The Commissioner or a Deputy Commissioner holding such an inquiry or hearing such an appeal shall be deemed to be a person acting Judicially within the meaning of the Judicial officers Protection Act, 1850.
Save as otherwise expressly provided in this Act, no notification or certificate issued, order passed, decision made, proceedings or action taken, scheme settled, or other thing done under the provisions of this Act by the 98[State Government], the Commissioner or a Deputy Commissioner, an Area Committee, or an Assistant Commissioner, shall be liable to be questioned in any Court of Law.
Any budget, audit report, accounts, returns, reports or other documents and any information required to be submitted to, or called for by, an Area Committee in respect of an institution subject to its jurisdiction, and all communications intended for an Area Committee shall be sent to the Assistant Commissioner concerned and shall be placed by him before the Committee at its next meeting, together with his remarks or recommendations thereon, if any.
The Assistant Commissioner may, in cases of emergency, direct the doing of any act which would ordinarily have to be done by the Area Committee, if the immediate doing of such act is, in his opinion, necessary in the interest of a religious institution.
Provided that the Assistant Commissioner shall not act under this section in contravention of any order of the Area Committee prohibiting the doing of any particular act:
Provided further that he shall report the action taken under this section and the reasons therefor to the Committee at its next meeting; and the Committee may annul, modify or reverse the order passed by the Assistant Commissioner.
(1) The 99[State Government] may call for and examine the record of the 100[Board or] Commissioner or any Deputy or Assistant Commissioner, or any Area Committee or of any trustee in respect of any proceeding, not being a proceeding in respect of which a suit or an appeal to a Court is provided by this Act, to satisfy themselves as to the regularity of such proceeding or the correctness, legality or propriety of any decision or order passed therein; and, If, in any case, it appears to the 99[State Government] that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, they may pass orders accordingly:
Provided that the 99[State Government] shall not pass any order prejudicial to any party unless he has had a reasonable opportunity of making his representations.
(2) The 99[State Government] may stay the execution of any such decision or order, pendi
(1) The 5[State Government] may make rules to carry out all or any of the purposes of this Act and not inconsistent therewith.
(2) In particular, and without prejudice to the generality of the foregoing power, they shall have power to make rules with reference to the following matters:--
(a) all matters expressly required or allowed by this Act to be prescribed;
(b) the form and manner in which applications and appeals should be submitted to the 5[State Government], the Commissioner, or a Deputy or an Assistant Commissioner;
(c) the powers of the 5[State Government], the Commissioner, or a Deputy or an Assistant Commissioner to hold inquiries, to summon and examine witnesses and to compel the production of documents;
(d) the inspection of documents and the fees to be levied for such inspection;
(e) the fees to be levied fo
For the purposes of this Chapter "Board" means the Board constituted under Section 10 of the Madras Hindu Religious Endowments Act, 1926.]
On and from the date on which this Act comes into force, the Board shall cease to exist, and all its assets and liabilities shall devolve on the 7[State Government].
Any reference to the Board, or its President or a Commissioner thereof contained in any enactment in force in the State of Kerala or in any notification, order, scheme, rule, form or bye-law issued or made under any such enactment and in force in the State, shall be construed,--
(a) in the case of a religious institution included in the list published under Section 38 or over which no Area Committee has jurisdiction, as a reference to the Deputy Commissioner appointed under this Act;
(b) in the case of a religious institution over which an Area Committee has jurisdiction, as a reference to the Area Committee.]
Notwithstanding the repeal of the Madras Hindu Religious Endowments Act, 1926 (hereinafter in this Section referred to as the said Act)
(a) all rules made, notifications or certificates issued, orders passed, decisions made, proceedings or action taken, schemes settled and things done by the 9[State Government], the Board or its President or by an Assistant Commissioner under the said Act, shall, insofar as they are not inconsistent with this Act, be deemed to have been made, issued, passed, taken, settled or done by the appropriate authority under the corresponding provisions of this Act and shall, subject to the provisions of clause (b), have effect accordingly;
Explanation.-- Certificates issued by the Board under Section 78 of the said Act shall be deemed to have been validly issued under that section, notwithstanding that the certificates were issued before the making of rules prescribing the manner of their issue.
(1) On the coming into force of this Act, such members of the Board including the President and such of its subordinates as the 14[State Government] may consider suitable, may be appointed by the 14[State Government] in their discretion to any offices provided for in this Act to which they may be deemed qualified; and the services of the rest shall be deemed to have been terminated.
(2) The conditions of service of persons so appointed shall be regulated by rules made by the 14[State Government] from time to time as if they had entered the service of the 14[State Government] on the date of their first entertainment as a member of the Board or as its subordinate, as the case may be.
(3) To those not so appointed, the 14[State Government] may accord such relief by way of pension, gratuity, provident fund or leave with allowances as they may in their discretion deem fit.
[x x x x]
If any difficulty arises in giving effect to the provisions of this Act, the 14[State Government] may, as occasion may require, by order, do anything which appears to them necessary for the purpose of removing the difficulty.
(1) This Act may be called the Madras Hindu Religious and Charitable Endowments Act, 1951.
(2) It extends to the whole of the 2[Malabar District] and applies to all Hindu public religious institutions and endowments, including the Tirumalai-Tirupati Devasthanams and the endowments thereof.
Explanation.-- In this sub-section, Hindu public religious institutions and endowments do not include Jain religious institutions and endowments.
(3) It shall come into force on such date as the 2[State Government] may, by notification in the 2[Kerala Government Gazette], appoint.
The 2[State Government] may by notification in the 2[Kerala Government institutions Gazette] extend to Jain public religious institutions and endowments all or any of the provisions of this Act and of any rules made thereunder and thereupon the provisions so extended shall apply to such institutions and endowments as if the expressions 'Hindu' and 'Hindus' therein included 'Jain' and 'Jains' respectively:
Provided that before issuing such a notification the 4[State Government] shall publish in the 4[Kerala Government Gazette] a notice of their intention to do so fix a period which shall not be less than two months from the date of publication of the notice for the persons interested in the institutions and endowments concerned to show cause against the issue of the notification and consider their objections if any.
Where the 4[State Government] have reason to believe that any Hindu or Jain public charitable endowment is being mismanaged and are satisfied that in the interest of the administration of such charitable endowment it is necessary to extend thereto all or any of the provisions of this Act and of any rules made thereunder, they may, by notification in the 4[Kerala Government Gazette]; extend to such charitable endowment the said provisions and thereupon the provisions so extended shall apply to such charitable endowment as if it were a specific endowment:
Provided that before issuing such a notification, the 4[State Government] shall publish in the 4[Kerala Government Gazette], a notice of their intention to do so, specifying the reasons for the action proposed to be taken by them and fixing a period which shall not be less than two months from the date of publication of the notice, for the persons interested in the endowment concerne
The 4[State Government] may, by notification in the 4[Kerala Government Gazette],--
6[(a) exempt from the operation of any of the provisions of this Act or of any rules made thereunder, any religious or charitable institution or endowment, the administration of which is, for the time being vested in--
(i) the Official Trustee or in the Administrator-General; or
(ii) any body corporate entrusted by law with the administration of religious institutions; or]
(b) vary or cancel such exemption
(1) The Madras Hindu Religious Endowments Act, 1926, is hereby repealed.
(2) The Tirumalai-Tirupati Devasthanams Act, 1932, is hereby repealed, but the repeal shall not revive the arrangement made by the Government in 1843 for the management of the Tirumalai-Tirupati Devasthanams or the scheme settled by the Privy Council in Appeal No. 6 of 1906 or the rules framed under such scheme.
(3) The following enactments shall cease to apply to Hindu religious institutions and endowments, namely:--
(a) the Madras Endowments and Escheats Regulation, 1817;
(b) the Religious Endowments Act, 1863;
(c) the Charitable Endowments Act, 1890;
(d) the Charitable and Religious Trusts Act, 1920; and
(e) Sections 92, and 93 of the Code of Civil Procedure, 1908.
In this Act, unless there is anything repugnant in the subject or context--
(1) "Area Committee"means, in relation to any temple or specific endowment, the Area Committee constituted under this Act and having jurisdiction over such temple or endowment;
7[(2) "Assistant Commissioner" means the Assistant Commissioner appointed under sub-section (4) of Section 8C;]
7[(3) "Board" means, except for the purposes of Chapter XI, the Board constituted under sub-section (1) of Section 7 of this Act;]
(4) "Charitable endowment" means all property given or endowed for the benefit of, or used as of right by, the Hindu or the Jain community or any section thereof, for the support or maintenance of objects of utility to the said community or section, such as rest-houses, choultries, patasalas, schools and colleges, houses for feeding the poor and institutions for the advancem
(1) As soon as after the commencement of the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 2008, the Government shall, by notification in the Gazette, constitute a Board by name "the Malabar Devaswom Board".
(2) The Board shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of both movable and immovable properties and to enter into contracts and may sue and be sued in the name of the Board.
45A[(3) The Board referred to in sub-section (1) shall consist of nine Hindu members of whom one shall be a woman, one shall be a person belonging to Scheduled Castes and one shall be a person belonging to Scheduled Tribes.
Explanation.- For the purpose of this Section, "Scheduled Castes" and "Scheduled Tribes" shall have the same meaning as assigned to them in Clauses (24) and (25), respectively, of Article 366 of the Constitution of India.]
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(1) Every member of the Board shall be entitled to hold office for a period of two years from the date of his nomination or election, as the case may be.
(2) A person who ceases to be a member of the Board by reason of expiration of his term of office shall, if he is otherwise qualified, be eligible for re-nomination or re-election:
Provided that such a member shall not be eligible for re-nomination or re-election consecutively.
A person shall be qualified for nomination or election as a member of the Board only if he,--
(i) is a permanent resident of the Malabar area;
(ii) professes the Hindu religion;
(iii) is a believer of Temple worship; and
(iv) has completed the age of 46A[forty-five years] in the case of male members and sixty years in the case of female members.
Where a person has been elected or nominated as a member of the Board, before entering the office as a member, he shall take an oath before the Commissioner of the Board stating that he is a person professing Hindu religious rites and is a believer of God and temple worship.
No person shall be eligible for nomination or election as a member of the Board, if he,--
(i) is of unsound mind; or
(ii) is an undischarged insolvent; or
(iii) is an office-holder or a servant of the Government, a Local Authority, or a Devaswom Board; or
(iv) is interested in an existing contract for the supply of any material to the Board or for executing any work on behalf of the Board; or
(v) has been convicted by a Criminal Court for any offence involving moral turpitude; or
(vi) is a Member of the Parliament or of the Legislature of any State or of a Local Self Government Institution; or
(vii) has been removed from holding any office in pursuance of a Court order; or
(viii) involves in the business of production or sale of liquor.
(1) Where the Government are satisfied that a person elected or nominated as a member of the Board has become subject to any of the disqualification specified in clause (i) to (viii) of Section 7D or does any act prejudicial to the interest of the Board or absent himself from three consecutive meetings without any sufficient reason or ceases to profess the Hindu religion, it may, by order, for reasons to be stated therein, remove such member from office:
Provided that a member shall not be removed under this sub-section, unless he is given a reasonable opportunity of showing cause against his removal.
(2) A member of the Board may also be removed from his office by the Government on the ground of proved misbehaviour or incapacity, based on a complaint received from a Hindu, after conducting a detailed inquiry in the prescribed manner.
Explanation.-- If a member does any act, which is intended or is likely to endanger communal harmony or which
A member of the Board may, by writing under his hand, addressed to the Government Secretary in charge of Devaswom Department, resign his membership and the resignation shall take effect on the date of acceptance of the same by the Government.
When the Office of a nominated or elected member of the Board becomes vacant due to death, resignation, removal or otherwise, a new member shall be nominated or elected, as the case may be, in his place, in accordance with the provisions contained in this Act and such member shall hold office so long as the member, in whose place he is nominated or elected, would have held office, had such vacancy not occurred.
The President and the members of the Board shall be entitled for a monthly honorarium at the rate of Rs.5,000 and Rs.3,500 respectively and for travelling allowance as payable to the Class I officers of the Government and shall not be eligible for any other perquisites or facilities:
Provided that nothing contained in this section shall prevent the Board from providing a conveyance facility to the President.
(1) A meeting of the Hindus among the Members of the Legislative Assembly of the State shall be summoned under the authority of the Governor of Kerala by any person authorized in this behalf by the Governor, to meet at such time and place and on such date as may be fixed by him in this behalf, for the election of members to the Board.
(2) The election shall be held in accordance with the rules specified in the Schedule II, by the person commissioned by the Governor to preside over the meeting.
(1) Meetings of the Board shall be convened by the Secretary of the Board on the direction of the President.
(2) Meetings of the Board shall be presided over by the President and in his absence by a member chosen by the members present from among themselves.
(3) The quorum for a meeting shall be five.
(4) In case of difference of opinion among the members, decisions shall be taken by a majority of votes, and where the votes are equally divided the President or the person presiding shall have and exercise a casting vote.
(5) The Secretary shall keep the minutes of the proceedings of each meeting in a book to be kept for the purpose which shall be signed by the President or the person presiding and the members present at such meeting.
No act or proceedings of the Board shall be deemed to be invalid merely by reason of any defect in its constitution or on the ground that the President or any member thereof was disqualified for or had ceased to hold office or by reasons of such act or proceedings having been done or taken during the period of any vacancy in the office of the President or any member of the Board.
(1) The Board shall constitute, for its proper functioning, the following Standing Committees with 3 members each, namely:--
(i) Standing Committee on Finance and Resource Mobilization;
(ii) Standing Committee on Works, Development and Environment;
(iii) Standing Committee on Establishment, Temple Arts and Devotional Service.
(2) The Board shall nominate one member of each Standing Committee as its Chairman who shall preside over its meetings.
(3) The Board shall specify the various duties and responsibilities of the Standing Committees.
(4) The Standing Committees shall meet at least once in a month.
(5) The recommendations of the Standing Committees shall be unanimous and in case of any difference of opinion among the members in respect of any subject it shall be placed before the Board for decision.
The Board shall perform the following duties and functions, namely:--
(i) to ensure proper maintenance and upliftment of Hindu Religious Institutions;
(ii) to establish and maintain proper facilities in the temples for the devotees;
(iii) to allocate all the divisions under the Board to the members by rotation, who shall perform such functions as may be authorised by the Board including the function to supervise the working of the Area Committee.]
All powers and duties under this Act, in respect of the various religious institutions of the Malabar area, that have been exercised or performed by the Commissioner, Deputy Commissioners, Assistant Commissioners and Area Committees before the commencement of the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 2008, shall vest in the Board, on its constitution.]
Subject to supervision and control of the Board, and other provisions of this Act, the Commissioner, Deputy Commissioners, Assistant Commissioners and Area Committees exercising any power or performing any duty under this Act, before the commencement of the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 2008, shall continue to exercise such powers and perform such duties, as officers of the Board, as if those powers are delegated to them by the Board.
(1) The Board shall have the power to assume the direct management of any religious institution provided the trustees request the Board to take over its management unconditionally.
(2) The Board shall have the power to fix and regulate the service conditions and pay structure of the Officers and Employees of the temples from time to time and to supervise its implementation.
(3) The Board may maintain a Welfare Fund Scheme for the benefit of the Officers and employees of the temples in the manner as may be prescribed.
(1) The Government may appoint an officer not below the rank of 48AA[a Deputy Commissioner in the abolished department who is eligible to be promoted as Commissioner as per the provision contained in section 19G and in the absence of such an officer, an officer not below the rank of a Joint Secretary to Government] who is professing Hindu religion and is a believer of God and temple worship, as the Commissioner of the Board on such terms and conditions as may be fixed by the Government, who shall also function as the Secretary of the Board.
(2) He shall be the Chief Executive Officer of the Board who shall implement all decisions of the Board.
(3) He shall submit reports to the Government, once in three months, with respect to the working of the Board.
(4) The Board may appoint such number of Deputy Commissioners, Assistant Commissioners, and such other officers and staff as are necessary for discharging its functions
48A[x x x x]
The Commissioner, every Deputy or Assistant Commissioner and every other officer or servant appointed to carry out the purposes of this Act, by whomsoever appointed, shall be a person professing the Hindu religion, and shall cease to hold office as such when he ceases to profess that religion.
(1) The Commissioner shall with the previous approval of the 49[State Government], specify the area within which each Deputy Commissioner, if there is more than one, shall exercise the powers and discharge the duties assigned by or under this Act to a Deputy Commissioner as such.
(2) The Commissioner may delegate any of the powers conferred or duties imposed on him by or under this Act (including the powers and duties of an Assistant Commissioner which may be exercised by the Commissioner under the proviso to Section 11, sub-section (2), but not including the powers and duties of the Commissioner under Sections 18, 19, 38, 39, 52, 56, 61, 64, or 76(2)) in respect of any area or of any class or group of institutions in the State or any area therein to a Deputy Commissioner subject to such restrictions and control as the 49[State Government] may, by general or special order, lay down and subject also to such limitations and conditions, if
(1) The Commissioner shall, with the approval of the 49[State Government], divide the State into divisions, each of which shall be in the charge of an Assistant Commissioner.
(2) An Assistant Commissioner shall exercise such powers and discharge such duties as are assigned to him by or under this Act in respect of his division:
Provided that the Commissioner may, by order in writing, declare that the exercise and discharge of all or any of such powers and duties shall be subject to such exceptions, limitations and conditions as may be specified in the order, and may himself exercise or discharge any power or duty so excepted.
(3) The Commissioner may delegate to an Assistant Commissioner any of the powers conferred or duties imposed on the Commissioner by or under this Act (other than the powers and duties referred to in Sections 18, 19, 38, 39, 52, 56, 61, 64 or 76(2)) in respect of the division of the Assistant Commissi
(1) The 51[State Government]--
(a) shall, as soon as may be after the commencement of this Act, by notification in the 51[Kerala Government Gazette], constitute an Area Committee for all temples situated in an Assistant Commissioner's division or part thereof other than temples included in the list published under Section 38; and
(b) may likewise abolish any Area Committee constituted under clause (a), provided that before doing so, a reasonable opportunity shall be given to the Committee to show cause against its abolition.
(2) An Area Committee shall have jurisdiction over specific endowments attached to the temples for which it is constituted, other than specific endowments included in the list published under Section 38:
Provided that where a specific endowment is attached to two or more temples comprised within the jurisdiction of two or more Area Committees, the Commissioner shall
51A[(1) Every Area Committee shall consist of seven members of Hindu Religion appointed by the Government, namely:-
(a) one member from Scheduled Castes or Scheduled Tribe Communities;
(b) one woman member
(c) one philosopher of Hindu Religion or performer of temple art or a person who has authored works on Hindu literature; and
(d) four other members.]
52[(1A) The Government shall nominate one of the members as its Chairman.]
(2) Save as otherwise, expressly provided in this section, a member of an Area Committee shall be entitled to hold office for 52A[two years] from the date on which his appointment is notified in the 53[Kerala Government Gazette].
(3) A person shall be disqualified for being appointed as, or for being, a member of an Area Committee--
(a) if he does not profess the Hindu religion;
SupremeToday AI Service seems to be Down for a While!
No act of an 57[Area Committee or Temple Advisory Committee] shall be deemed to be invalid by reason only of a defect in its constitution or on the ground that the Chairman or any member thereof was disqualified for, or had ceased to hold, his office, or by reason of such act having been done during the period of any vacancy in the office of the Chairman or any member of such Committee.
Legal Comments
"Scope of Act" - Madras Hindu Religious and Charitable Endowments Act, 1951 applies to Hindu religious endowments including public charitable endowments and specific endowments; definitions of 'endowment' and 'specific endowment' are key to determining coverage - [Arulmighu Pappi Chetty, Ragaviah Chetty’s Charities, Represented by its Trustees vs Commissioner, Hindu Religious and Charitable Endowments Department]
"Section 16 basics" - Section 16 relates to powers of Area Committee and Temple Advisory Committees; inserted amendments broaden participation but do not render previous acts invalid by defect alone -
"Meaning of 'specific endowment' (Section 6(16))" - Specific endowment means property or money endowed for a specific service or charity in a math/temple, excluding certain inams described in Explanation to Section 6(14); inclusion of inam considerations influences whether an endowment is treated as religious/charitable - [Arulmighu Pappi Chetty, Ragaviah Chetty’s Charities, Represented by its Trustees vs Commissioner, Hindu Religious and Charitable Endowments Department], [The State of Madras represented by the Commissioner for the Madras Hindu Religious and Charitable Endowments, Mount Road, Madras VS Thuthukudi-Kozhumbu Vyaparikalin Thuthukudi Sri Subramaniaswami Mahimai Paripalana Sangam through its Honoray Secretary (Sri R. S. Nallasivan Pillai) †]
"Meaning of 'religious endowment' (Section 6(14))" - Religious endowment encompasses property for support of maths/temples, services, charities connected with worship; includes endowments where income is used for religious purposes, with Explanations clarifying private vs public aspects - [P. Ezhumalai vs Secretary to Government, Tourism, Culture and Religious Endowments, Chennai], [Arulmighu Pappi Chetty, Ragaviah Chetty’s Charities, Represented by its Trustees vs Commissioner, Hindu Religious and Charitable Endowments Department]
"Private vs public endowment" - The Act permits state/regulatory oversight over both private and public endowments under Article 27 scrutiny; the objective is secular administration of endowments, not funding of particular religions - [Moti Lal Yadav VS State of U. P. ], [BHIMSEN GOCHHIKAR VS STATE OF ORISSA]
"Constitutional backdrop: Article 27" - Supreme Court held that state contributions must not be specifically used to promote a particular religion; but a general secular administration of endowments for proper administration is permissible - [Moti Lal Yadav VS State of U. P. ], [BHIMSEN GOCHHIKAR VS STATE OF ORISSA]
"Approach to 'endowment' definitions" - Courts treat endowment definitions as expansive enough to include both absolute and partial dedication; even where property is charged rather than transferred, endowment can exist if donor intention and administration align with Section 32/16 principles - [P. Ezhumalai vs Secretary to Government, Tourism, Culture and Religious Endowments, Chennai], [Arulmighu Pappi Chetty, Ragaviah Chetty’s Charities, Represented by its Trustees vs Commissioner, Hindu Religious and Charitable Endowments Department], [P. Ezhumalai vs Secretary to Government, Tourism, Culture and Religious Endowments, Chennai]
"Section 74(3) liability of trustees" - Personal liability of trustees for losses due to mismanagement; recovery against successor trustees depends on timing and availability of assets; decision emphasizes personal liability and vacatur where recovery not permissible against successor - [Zamorin Raja Of Calicut, Sukrutha VS Director Of Local Fund Audit], [Zamorin Raja Of Calicut, Sukrutha VS Director Of Local Fund Audit]
"Appeals and vested rights (Section 57/61; repeal context)" - Right of appeal under older Madras Act is a vested right; repeal provisions preserve such rights via saving clauses and General Clauses Act (Sections 8, 18) so long as not expressly negated; rights survive through the repealing Act if intended - [Satya Pramoda Teertha Swamuluvaru VS Commissioner of Hindu Religious and Charitable Endowments, A. P. , Hyderabad], [Commissioner, Hindu Religious and Charitable Endowments, (Admn. ) Department, A. P. VS Veluvali Saktiprasada Rao], [K. RAMACHANDRA SRINIVAS KINI VS DEPUTY COMMISSIONER, HINDU RELIGIOUS ANDCHARITABLE ENDOWMENTS, MANGALORE, DAKSHINAKANNADA]
"Res judicata and hereditary trusteeship" - Prior orders and Board decisions may be challenged; courts examine whether hereditary trusteeship persists and whether prior findings are binding or not; appeals can proceed if proper grounds exist per Act XIX of 1951 and related amendments - [Suo Motu VS Travancore Devaswom Board, Nanthancode, Kawdiar Post, Thiruvananthapuram, Represented By Its Secretary], [Shree Kumramputhoor Bhagavathy Devaswom Kshethra Samrakshana Samithi vs Malabar Devaswom Board, Represented by its Secretary], [Zamorin Raja Of Calicut, Sukrutha VS Director Of Local Fund Audit]
"Endowment characterization: religious charity vs endowment" - Some cases treat certain temple-associated activities as 'religious charity' or 'endowment' depending on donor intent and public nature; broad definitions allow inclusion of charitable activities tied to festivals or services - [P. Ezhumalai vs Secretary to Government, Tourism, Culture and Religious Endowments, Chennai], [G. Radhakrishna Chettiar VS The Commissioner, Hindu Religious and Charitable Endowments, Madras]
"Article 27 applicability to endowments" - The decision in Shri Shirur Mutt clarifies that governmental contributions toward endowments should not be used to promote one religion; but Section 76-like provisions in Madras Act were found to serve secular administration rather than religious propagation - [Moti Lal Yadav VS State of U. P. ], [BHIMSEN GOCHHIKAR VS STATE OF ORISSA]
"Section 16 enforcement and validity" - Section 16 empowers Area Committees/Temple Advisory Committees with oversight; amendments aim to improve participation of devotees; not to render directives invalid for defects alone - , [The President, Hindu Religious Endowments, Madras VS Venkatarama Aiyangar]
"Endowment vs inam distinction" - Explanation to Section 6(14) and related definitions clarify that certain inams granted to archakas or employees are treated as endowments; this affects how endowments are regulated and accounted for - [Arulmighu Pappi Chetty, Ragaviah Chetty’s Charities, Represented by its Trustees vs Commissioner, Hindu Religious and Charitable Endowments Department], [G. Radhakrishna Chettiar VS The Commissioner, Hindu Religious and Charitable Endowments, Madras]
"Tribunal/High Court interaction with HR&CE acts" - Writ petitions and appeals often address whether a particular temple/endowment falls within the HR&CE Act; tribunals decide on locus and jurisdiction, with High Courts exercising writ jurisdiction in constitutional context - [Dharam Das VS State of Punjab], [Commissioner, Hindu Religious and Charitable Endowments, (Admn. ) Department, A. P. VS Veluvali Saktiprasada Rao]
"Maintenance of endowments and accountability" - The Act emphasizes proper administration, with funds to be spent according to donor wishes where possible, and regulatory oversight to ensure endowments are used for their intended religious/charitable purposes - [P. Ezhumalai vs Secretary to Government, Tourism, Culture and Religious Endowments, Chennai], [BHIMSEN GOCHHIKAR VS STATE OF ORISSA]
"Specific endowments and enforcement mechanics" - Section 32 (Madras Act) provides mechanisms to recover expenses if a specific endowment attached to a temple is not performing its service; the remedy is regulatory rather than confiscatory - [P. Ezhumalai vs Secretary to Government, Tourism, Culture and Religious Endowments, Chennai]
"Scope limitation: exclusion of certain private arrangements" - Some judgments note that private endowments with private trustees may still fall under HR&CE if connected to temple operations; however, personal property rights of beneficiaries may limit state encroachment - [P. Ezhumalai vs Secretary to Government, Tourism, Culture and Religious Endowments, Chennai], [Commissioner, Hindu Religious and Charitable Endowments, (Admn. ) Department, A. P. VS Veluvali Saktiprasada Rao]
"Judicial trend: broad interpretation of 'public' in endowment context" - Courts have held that 'public' includes sections of the public and that charitable endowments connected with temples/festivals can be treated as public charities for purposes of regulation - [Suo Motu VS Travancore Devaswom Board, Nanthancode, Kawdiar Post, Thiruvananthapuram, Represented By Its Secretary], [G. Radhakrishna Chettiar VS The Commissioner, Hindu Religious and Charitable Endowments, Madras]
"Remedial structure: procedural safeguards" - The Act provides for show-cause notices, audit, and defense avenues; procedural fairness is emphasized in appellate decisions and in the context of recovery actions - [K. RAMACHANDRA SRINIVAS KINI VS DEPUTY COMMISSIONER, HINDU RELIGIOUS ANDCHARITABLE ENDOWMENTS, MANGALORE, DAKSHINAKANNADA], [Zamorin Raja Of Calicut, Sukrutha VS Director Of Local Fund Audit]
"Policy aim" - Overall objective is to ensure secular administration and proper application of endowment income to purposes for which they were created, while respecting donor intent and avoiding unconstitutional funding of one religion - [Moti Lal Yadav VS State of U. P. ], [BHIMSEN GOCHHIKAR VS STATE OF ORISSA]
Where an Area Committee has been abolished under clause (b) of sub-section (1) of Section 12, a new Area Committee shall be constituted within six months of its abolition and till then its powers and duties shall be exercised and discharged by the Assistant Commissioner concerned.
Legal Comments- "Temple" - Essential definition under Sec. 6(20) of Madras HR&CE Act, 1951 requires public religious worship and dedication to/for benefit of Hindu community or use as of right; enlightenment from case law shows public worship presence and dedication can be inferred from usage, access, and endowments, not strictly idol installation - [COMMISSONER OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, A. P. , HYDERABAD VS T. PURUSHOTTAMACHARYULU]- "Public temple" - Section 6(17) (in 1951 Act) defines temple as public religious worship; burden of proof lies on showing dedication for public worship; many South Indian temples presumed public unless proven private - [COMMISSONER OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, A. P. , HYDERABAD VS T. PURUSHOTTAMACHARYULU], [The Commissioner For Hindu Religious And Charitable Endowments VS G. Veluchamy]- Essential ingredients (temple) - Must be used as a place of public worship, dedicated for public benefit or used as of right; presence of utsavas, hundi, car, dwajasthambam are indicia but not sine qua non; public access and donations support public temple status - [COMMISSONER OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, A. P. , HYDERABAD VS T. PURUSHOTTAMACHARYULU], [The Commissioner For Hindu Religious And Charitable Endowments VS G. Veluchamy]- Distinction between public/private temple - Onus on party asserting private nature; many decisions hold presumption of public temple in South India; burden shifts with evidence of dedication to private use - [COMMISSONER OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, A. P. , HYDERABAD VS T. PURUSHOTTAMACHARYULU], [The Commissioner For Hindu Religious And Charitable Endowments VS G. Veluchamy]- Evidence standards - Oral and documentary evidence (gift deeds, family usage, public access) used to establish whether temple is private or public; absence of dedicated funds for public worship weakens claim of public status - [COMMISSONER OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, A. P. , HYDERABAD VS T. PURUSHOTTAMACHARYULU]- Section 87 amendments - CPC amendments not automatically applicable; in proceedings under Sec. 87, CP Code may be inapplicable to amendment of schedules; court held CPC not applicable, but form amendment permissible for identification - [C. Umamaheswara Rao VS Hanumandeswara Devasthanam represented by Executive Officer, Ch. Ramakrishna Rao], [Changalvala Umamaheswara Rao VS Sri Hanumandeswara Devasthanam, situated at Koyyetipadu Village, represented by the Executive Officer,]- Jurisdiction in trust matters - In HR&CE regime, Deputy/Commissioner can frame schemes and modify them; civil suits may still proceed for rendition of accounts or challenges; interplay of old schemes and new Act (1959) clarified in several precedents - [Changalvala Umamaheswara Rao VS Sri Hanumandeswara Devasthanam, situated at Koyyetipadu Village, represented by the Executive Officer,], [State Of Gujarat VS Acharya Shri Devendraprasadji Pande], [Hindu Seva Kendram Reg. No. 563/IV/2019 68/991, Represented By Its Treasurer, Sreekumar Mankuzhy VS State Of Kerala]- Public vs denominational trusts - Denominational temples (private sect trusts) exist and are distinguished; mere festival participation or public worship does not prove public dedication; essential is explicit dedication or long usage as of right by Hindus - [Changalvala Umamaheswara Rao VS Sri Hanumandeswara Devasthanam, situated at Koyyetipadu Village, represented by the Executive Officer,], [The Commissioner For Hindu Religious And Charitable Endowments VS G. Veluchamy]- Burden of proof re: idol presence - Supreme Court and High Court decisions hold that presence of idols and ritual installations aid, but are not mandatory; places without idols can still be public temples if worshippers believe divine presence and engage publicly - [C. Umamaheswara Rao VS Hanumandeswara Devasthanam represented by Executive Officer, Ch. Ramakrishna Rao], [Pagidala Nandamma VS Nandyal Bhajana Mandiram, by its Executive Officer, D. Balaveera reddy]- Role of origin vs usage - Even where temple origin is unknown or ancient, evidence of open worship by villagers and access to all can establish public temple status; private temples require clear dedication to public worship - [COMMISSONER OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, A. P. , HYDERABAD VS T. PURUSHOTTAMACHARYULU], [The Commissioner For Hindu Religious And Charitable Endowments VS G. Veluchamy]- Tests from leading decisions - Tests include: origin, accessibility, right of worship, public contributions, endowments, dwajasthambam, utsavams, and whether visitors come as of right; onus on private temple claimant to prove lack of dedication - [COMMISSONER OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, A. P. , HYDERABAD VS T. PURUSHOTTAMACHARYULU], [The Commissioner For Hindu Religious And Charitable Endowments VS G. Veluchamy]- Prana-pratishta not essential - The Madras decisions recognize that prana pratishta is not sine qua non for public worship; even shrines with no idol or with symbolic forms may qualify if worshippers treat them as public worship - [COMMISSONER OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, A. P. , HYDERABAD VS T. PURUSHOTTAMACHARYULU]- Removal of trust administration rights - Decisions discuss limits of Deputy Commissioner to modify schemes and the interplay with later Acts; the authority to modify schemes under Sec. 64(5) of Act 1959 is recognized where prior schemes are deemed settled by court under earlier Acts - [G. Balasubramaniya Iyer VS Durai Bubalan], [Mohammad Farook VS State of Tamil Nadu]- Public trust presumptions in Tamil Nadu - There is a strong judicial presumption that temples in South India are public unless proven private; burden on private claimant to establish exceptional circumstances - [COMMISSONER OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, A. P. , HYDERABAD VS T. PURUSHOTTAMACHARYULU], [The Commissioner For Hindu Religious And Charitable Endowments VS G. Veluchamy]- Role of temple endowments and public funds - Where public funds and hundis exist, it strengthens public temple status; absence of such evidence does not negate status if other indicia show public worship by Hindu community - [COMMISSONER OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, A. P. , HYDERABAD VS T. PURUSHOTTAMACHARYULU]- Non-Hindu/cosmopolitan worship contexts - Courts caution against equating non-Hindu or cosmopolitan worship spaces with Hindu temples under HR&CE the Act targets Hindu religious endowments and temples, with intrinsic exclusivity - [Nithyananda Dhyanapeetam Thiruvannamalai Branch VS Commissioner, Hindu Religious and Charitable Endowments Department], [Nithyananda Dhyanapeetam Thiruvannamalai Branch VS Commissioner, Hindu Religious and Charitable Endowments Department]- Administrative vs judicial remedies - Sects and trustees may pursue civil suits under appropriate sections, but HR&CE authorities retain power to supervise and frame schemes; interplay of original jurisdictions is nuanced - [Changalvala Umamaheswara Rao VS Sri Hanumandeswara Devasthanam, situated at Koyyetipadu Village, represented by the Executive Officer,], [Pichai VS Commissioner for Hindu Religious and Charitable Endowments (Administration Dept. ) Madras]- Contemporary applicability - The Act has evolved (1951, 1959, 1970s reforms, and later amendments); core test remains the temple definition and public worship dedication, despite procedural changes - [Nithyananda Dhyanapeetam Thiruvannamalai Branch VS Commissioner, Hindu Religious and Charitable Endowments Department], [M. Gangadharan Nair VS Commissioner, Malabar Devaswom Board, Kozhikode]- Temple as “of Hindu community or any section thereof” - The phrase requires exclusion of non-Hindu entities from status; evidence must show a Hindu public, or section thereof, worshiping as of right - [COMMISSONER OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, A. P. , HYDERABAD VS T. PURUSHOTTAMACHARYULU], [The Commissioner For Hindu Religious And Charitable Endowments VS G. Veluchamy]- Public worship defined by belief in divine presence - Courts have held that belief in divine presence and willingness to worship publicly can qualify a site as a temple even without strict Agama conformity - [COMMISSONER OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, A. P. , HYDERABAD VS T. PURUSHOTTAMACHARYULU], [The Commissioner For Hindu Religious And Charitable Endowments VS G. Veluchamy]- Conclusion on Section 6(17) scope - Section 6(17)/6(20) governs whether a site falls within HR&CE Act; determination hinges on evidence of public worship, dedication, and right to worship by Hindus; temple status drives applicability and jurisdiction under the Act - [COMMISSONER OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, A. P. , HYDERABAD VS T. PURUSHOTTAMACHARYULU], [The Commissioner For Hindu Religious And Charitable Endowments VS G. Veluchamy]
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