S.1 Short title

This Act may be called the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 1954.

S.2 Amendment of sections 10 and 11, Madras Act XIX of 1951

In section 10, sub-section (2), and section 11, sub-section (3), of the Madras Hindu Religious and charitable Endowments Act, 1951 (Madras Act XIX of 1951) (hereinafter referred to as the principal Act), the figure “56” shall be omitted.

S.3 Substitution of new section for section 21 in Madras Act XIX of 1951.

       For section 21 of the principal Act, the following section shall be substituted, namely:-
       
        “21. Power to enter religious institution.- (1) The Commissioner, Deputy Commissioner, Assistant Commissioner or such officers or servants of a religious institution as may be authorized by the Commissioner, Deputy Commissioner or Assistant Commissioner in this behalf, shall have power to enter the premises of any religious institution or any place of worship for the purpose of exercising any power conferred, or discharging any duty imposed, by or under this Act.
       
        (2) If any such officer or servant is resisted in the exercise of such power or discharge of such duty, the Magistrate having jurisdiction shall, on

S.4 Insertion of new section21-A in Madras Act XIX of 1951.

       After section 21 of the principal Act, the following shall be inserted as section 21-A, namely:-
       
        “21-A. Commissioner, etc., to observe appropriate forms and ceremonies.- The Commissioner, Deputy Commissioner, Assistant Commissioner, every member of an Area Committee and every other person exercising powers of superintendence or control under this Act, shall, so far as may be, observe forms and ceremonies appropriate to the religious institution in respect of which such powers are exercised and, in the case of a math, act in conformity with the usages of the math in his dealings with the head of the math.”.

S.5 Amendment of section 30, Madras Act XIX of 1951

In section 30, sub-section (2), of the principal Act, for the words “the trustee shall be guided by”, the words “the trustee shall have due regard to” shall be substituted.

S.6 Substitution of new section for section 31, Madras Act XIX of 1951

       For section 31 of the principal Act, the following section shall be substituted, namely:-
       
        “31. Cypres application of surplus funds of endowments.- (1) The Commissioner may, after holding and inquiry in such manner as may be prescribed, by order, declare that, after satisfying adequately the purposes of the religious institution and after setting apart a sufficient sum for the repair and renovation of the buildings connected with the math or temple or the endowments attached thereto, there is a surplus which is not required for any such purpose, and may, by such order, direct that such surplus as is declared to be available, be appropriated to religious, educational or charitable purposes :
       
        Provided

S.7 Insertion of new sections 31-A and 31-B in Madras Act XIX of 1951

       After section 31 of the principal Act, the following sections shall be inserted, namely:-
       
        “31-A. Validation of past appropriation of surplus funds.- (1) Where, before the commencement of the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 1954, an appropriation of funds belonging to a religious institution to any of the purposes specified in section 59, sub-section (1), has been made in exercise of the powers purported to be conferred by section 31, such appropriation shall be deemed to be an appropriation made under section 31 as amended by the said Amendment Act.
       
        (2) Any person having interest may, within six months from the commencement of the Madras Hindu Religious and Charita

S.8 Amendment of section 34, Madras Act XIX of 1951

In section 34, sub-section (8) of the principal Act, for the words “who is dedicated to a temple”, the words “who is dedicated for service in a temple” shall be substituted.

S.9 Amendment of section 39, Madras Act XIX of 1951

       In section 39 of the principal Act-
       (a) for sub-section (2), the following sub-section shall be substituted, namely:-
       
        “(2) Where, in the case of any such institution having a hereditary trustee or trustees, the Commissioner, after notice to such trustee or trustees and after such inquiry as he deems adequate, considers, for reasons to be recorded, that the affairs of the institution are not, and are not likely to be, properly managed by the hereditary trustee or trustees, the Commissioner may, by order, appoint such number of non-hereditary trustees as he thinks necessary, so however that the total number of trustees does not exceed five.”.
       
       

S.10 Amendment of section 52, Madras Act XIX of 1951

       In section 52, sub-section (1), of the principal Act, clause (f) shall be re-lettered as clause (i), and before the clause as so re-lettered, the following clauses shall be inserted, namely:-
       
        “(f) waste of the funds or properties of the institution or the application of such funds or properties for purposes unconnected with the institution ;
       
        (g) the adoption of devices to convert the income of the institution or of the funds or properties thereof into ‘pathakanika’ ;
       
        (k) leading an immoral life or otherwise leading a life which is likely to bring th

S.11 Substitution of new section for section 55, Madras Act XIX of 1951

       For section 55 of the principal Act, the following section shall be substituted, namely :-
       
        “55. Power to spend ‘Pathakanika’.- The trustee of a math shall keep regular accounts of receipts of ‘pathakanika’, that is to say, any gift of property made to him as the head of the math and shall be entitled to spend the said ‘pathakanika’, in accordance with the customs and usages of the institution.”.

S.12 Repeal of section 56, Madras Act XIX of 1951

Section 56 of the principal Act shall be omitted.

S.13 Substitution of new section for section 67 in Madras Act XIX of 1951

       For section 67 of the principal Act, the following section shall be substituted, namely :-
       
        “67. Term of office and duties of executive officer.- (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 exercis

S.14 Substitution of new sections for sections 68 and 69 in Madras Act XIX of 1951

       For sections 68 and 69 of the principal Act, the following sections shall be substituted, namely :-
       
        “68. Section 58 not to apply to notified institutions.- (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 II of 1927), so long as the notification remains in force.
       
        (2) Nothing in sub-section (1) shall be construed as prohibiting the 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.
      

S.15 Amendment of section 76, Madras Act XIX of 1951

       In section 76 of the principal Act -
       
        (1) for sub-sections (1) and (2), the following sub-sections shall be substituted, namely :-
       
        “(1) In respect of the services rendered by the Government 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 Commissioner 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 fasli year immediately preceding

S.16 Insertion of chapter IX in Madras Act XIX of 1951

       After Chapter VIII of the principal Act, the following Chapter shall be inserted, namely:-
       
       
       
       “CHAPTER IX
       
       ENDOWMENTS ADMINISTRATION FUND
       
       
        80. Commissioner to be corporation sole.- The Commissioner shall be a corporation sole and shall have perpetual succession and a common seal and may sue and be sued in his corporate name.
       
        81. Religious and Charitable Endowments Administration Fund.- (1) There shall be

S.17 Amendment of section 87, Madras Act XIX of 1951

       In section 87 of the principal Act-
        (a) the words and figures “as manager under section 56 or” occurring at the commencement of clause (c) shall be omitted ; and
(b) for the words “any Magistrate of the first class” the words “any Presidency Magistrate or any Magistrate of the first class” shall be substituted.

S.18 Amendment of section 89, Madras Act XIX of 1951

       In section 89, sub-section (4), of the principal Act, the following shall be added at the end, namely:-
“The Commissioner shall pay to the Government any sum so accepted.”.

S.19 Amendment of section 103, Madras Act XIX of 1951

In section 103, clause (i), of the principal Act, for the words “payable to the Government”, the words “payable to the Commissioner” shall be substituted.

S.20 Amendment of Schedule I, Madras Act XIX of 1951

       In Schedule I to the principal Act-
       
        (1) under the heading “ I. Suits ”, before the entry relating to section 52, the following shall be inserted, namely:-
        “ 31. (4) Suits against order of the Commissioner .... ... .... .... 50
        31. (5) Suits to set aside or modify Court’s order .. ... .... .... 50
        31-A. (2) Suits to modify or set aside direction of trustee .... .... 50 ” ;
        (2) under the heading “II. Applications to Court”, before the entry relating to section 62 (3) (a), the following shall be inserted, namely:-